City of Buda. Unified Development Code. Adopted October 2, 2017

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1 City of Buda Unified Development Code Adopted October 2, 2017

2 Preface This Unified Development Code consolidates the City s land development and use regulations and processes into one document. The benefit of streamlining these documents is that it reduces bulk and confusion by creating one index, table of contents, and set of definitions for regulations that often overlap. In addition to making the planning and development process more accessible, the overarching purpose of this Code is to ensure safe and orderly development for the community. The Code is divided into several sections: General provisions Introductory section that identifies the various review bodies, penalties for violations, and other general topics. Zoning regulations Regulations that apply to all areas within the City limits related to land use, land development types, and site design. Subdivision regulations Regulations that apply to all areas within the City limits and the extraterritorial jurisdiction related to platting, neighborhood layouts, and utility improvements. Supplemental development regulations Regulations that apply to all areas within the City limits and the extraterritorial jurisdiction related to signage, various environmental protections, and other miscellaneous topics that supplement the zoning and subdivision regulations. Definitions Consolidated set of definitions for the Code. The UDC is one of many steps in the planning and development process, which traces back to the Buda 2030 Comprehensive Plan. The Comprehensive Plan serves as a vision and guides policy decisions to help the City grow and develop as desired. Because the Comprehensive Plan is formulated thorough extensive public input it forms the legal basis of subsequent regulations. The Comprehensive Plan outlines nine goal areas: economic growth and sustainability; transportation; parks, recreation, and open space; housing and neighborhoods; community identity; civic facilities and programs; public safety; downtown; and historic preservation. The specific goals outlined in these theme areas represent the desired outcomes of plan: 1. Buda has a stable tax revenue base and strong local job market. Increased and diversified economic and job opportunities for residents make Buda a great place to live, work, shop, and play. 2. Buda has a transportation system that meets current needs and anticipated growth, that balances transportation options including driving, walking, bicycling, and mass transit, and that is designed in a manner that respects and enhances the character of Buda. 3. Buda has a superior system of parks, recreation, trails, and open space that enhances the quality of life for all residents of Buda.

3 4. Buda has a blend of old and new neighborhoods that are full of character, interesting, sustainable, and retain their value over time. Anyone can find a house that serves his or her needs and preferences for their entire life. 5. Buda is a unique community with a charming small town character, active neighborhoods, and many entertainment and recreation opportunities. 6. Buda s sense of community is enhanced through state of the art civic facilities and programs and easy access to City information and resources. 7. Buda is one of the safest communities in the nation with a strong and friendly police, fire, and emergency service personnel. 8. Buda s downtown thrives as the heart of Buda with strong economic opportunities and celebrates the city s historical and cultural heritage, making downtown a vibrant place to live, work, and play. 9. Buda protects its history and unique character by preserving its historic properties while affording opportunities for economic development and facility improvement. Within the Plan, goals are then broken down into objectives, which are policies that work towards the goals, and from there into actions, which are specific strategies. Finally, the Buda 2030 Comprehensive Plan employs benchmarks, which provide a target measure to indicate whether the objectives and actions are being successful. This is where the Unified Development Code becomes a vital tool: without a UDC the Comprehensive Plan is a nonbinding set of ideas and recommendations. Nearly all of the Comprehensive Plan s goals are dependent on regulations set forth in the UDC to create a high quality of life including zoning, parkland dedication, floodplain preservation, and design and preservation standards. The regulations set forth in the UDC, with the legal backing of the Comprehensive Plan, allow the City to actually steer development and meet goals by stipulating standards. Generally, these regulations address use and land development or alterations conducted outside of the home. This Code outlines the regulations that apply to both residential and nonresidential land development and uses, as well as the processing and relief procedures that are required. Within the text, each section specifies the areas to which the regulations apply. This Code does not include construction regulations, such as the Building Code, Plumbing Code, Fire Code, and similar regulations. The Unified Development Code, while highly technical in nature, is an important continuation of the Comprehensive Plan in protecting and advancing Buda s vision. This Code has been adopted by the City Council and recommended by the Planning and Zoning Commission. City staff is responsible for administering and maintaining this Code; please contact City Hall with any questions regarding this Code. Code developed by:

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5 Section 1. Provisions and Procedures...1 Subsection General Provisions Title Authority Purpose Effective Date Violations and Fines Technical Manuals Severability... 2 Subsection Development Review Bodies City Council Planning and Zoning Commission Board of Adjustment Parks and Recreation Commission Historic Preservation Commission City Manager Director of Planning City Engineer Hays County Summary of Approval Authorities Subsection Universal Submittal and Processing Procedures General Application Processing Subsection Pre-Application Meeting Section 2. Zoning Regulations Subsection General Provisions Purpose Official Zoning District Map Subsection Zoning Districts Zoning Districts Established Zoning District Equivalency Table Subsection Residential Zoning Districts Agricultural (AG) District Estate Residential (R-1) District Suburban Residential (R-2) District One & Two Family Residential (R-3) District Transitional Residential (R-4) District Urban Residential (R-5) District Manufactured Housing (R-MH) District Contents i

6 Subsection Nonresidential Zoning Districts Neighborhood Business (B-1) District Arterial Business (B-2) District Interstate-35 Business (B-3) District Light Industrial (LI) District Heavy Industrial (HI) District Subsection Special and Form Based Zoning Districts Rural Heritage Overlay (O-R) District Gateway Corridor Overlay (O-G) District Historic Overlay (O-H) District Planned Development (PD) Form Districts (F1, F2, F3, F3H, F4, F4H, F5, F5H) Subsection Zoning Use Regulations Land Use Regulations Classification of Similar Uses Classification of New and Unlisted Uses Appeals of an Administrative Interpretation Use Chart Conditional Standards Subsection Zoning Dimensional Regulations Residential Dimensional Regulations Nonresidential Dimensional Regulations Modified Area Regulations and Standards Subsection Form Based Code General Provisions Regulating Plans for Form Districts Form District Standards Street Standards Street Types Building Standards Building Types Subsection Zoning Development Regulations Landscaping Fencing and Screening Off-Street Parking Accessory Structures Building Materials Residential Adjacency Innovative Residential Development Single Family Design Multi-Family Design ii Contents

7 Mixed Use Design Nonresidential Design Lighting Sustainable Design Techniques Nuisances Subsection Zoning Procedures Applicability, Completeness, and Expiration Zoning upon Annexation Zoning Text and Map Amendments Public Hearings and Notification Requirements Creation of a Building Site, Tract, or Lot Certificate of Occupancy Site Plans Planned Development (PD) Regulations and Procedures Specific Use Permit (SUP) Regulations and Procedures Designation of and Development in Historic Overlay (O-H) District or of a Historic Landmark Development in the Rural Heritage Overlay (O-R) District Development in the Gateway Corridor Overlay (O-G) District Nonconforming Lots, Structures, and Uses Amortization of Nonconforming Uses Subsection Zoning Relief Procedures Alternative Compliance Zoning Regulation Appeal Zoning Variance Zoning Special Exception Zoning Vested Rights Petition Section 3. Subdivision Regulations and Development Standards Subsection General Provisions Purpose Applicability Special Provisions for Enforcement Public Improvements Required General Plat Requirements Extraterritorial Jurisdiction (ETJ) Subsection Subdivision Submittal and Processing Procedures Applicability, Completeness, and Expiration Actions and Notification Following Subdivision Application Decision Public Hearings for Replat and Plat Vacation Applications Amendments and Expiration to Approved Subdivision Applications Subsection Platting Requirements Contents iii

8 Subdivision Process Summary Pre-Application Meeting Sketch Plan Types of Plats Preliminary Plat Final Plat Minor Plat Replat Amending Plat Plat Vacation License to Encroach Petition for Development Agreement Subsection Construction Plans and Procedures Construction Plans Pre-Construction Meeting Construction Release Timing of Public Improvements Improvement Agreements and Security for Completion Inspection, Maintenance, and Acceptance of Public Improvements Subsection Subdivision Design Standards Minimum Standards Adequate Public Facilities Conformance to Plans and Codes Lots Blocks Homeowners or Property Owners Associations Sidewalks Streets Access Management Traffic Impact Analysis Easements and Dedications Drainage and Storm Water Water Utility Wastewater Utility Water Reclamation and Reuse Miscellaneous Subsection Subdivision Relief Procedures Petition for Subdivision Waiver Subdivision Proportionality Appeal Subdivision Vested Rights Petition iv Contents

9 Section 4. Supplemental Development Regulations Subsection Sight Visibility Triangle Purpose and Applicability Regulations Subsection Sign Regulations General Provisions Applicability Administration Prohibited Signs Regulations Changeable Electronic Variable Message Sign Dimensional Calculations Types of Signs Exempt Signs Common Signage Plan Abandoned Signs, Dilapidated Signs, and Sign Violations Subsection Wireless Transmission Facilities Regulations Purpose Applicability General Regulations Placement of Antenna Facilities Antenna Facility Impact Levels Antenna Facility Siting Matrix Antenna Location Waiver Written Report Appeals Subsection Tree Preservation and Park Land Dedication Tree Preservation and Mitigation Park Land and Trail Dedication Subsection Environmental Protection and Water Quality Regulations Purpose Adoption of Water Quality Measures Applicability Water Quality Protection inside of the Barton Springs/Edwards Aquifer Zone Water Quality Protection outside of the Barton Springs/Edwards Aquifer Zone Water Conservation Education Subsection Flood Damage Prevention Regulations Generally General Provisions Administration Provisions for Flood Hazard Reduction Contents v

10 Section 5. Definitions Subsection General Provisions Usage and Interpretation Subsection Words and Terms Defined vi Contents

11 Section 1. Provisions and Procedures Subsection General Provisions Title This Unified Development Code of the City of Buda, Texas shall be known as, and may be cited and referred to as, the UDC Authority These regulations are adopted pursuant to the authority granted by the U.S. Constitution, the Texas Constitution, and the laws of the State of Texas, specifically Chapters 211 and 212 of the Texas Local Government Code Purpose The purpose of this UDC is to unify the City s development regulations into a single document to reduce repetition and conflict among various ordinances. Additionally, this UDC is intended to implement the City of Buda Comprehensive Plan, Downtown Master Plan, Transportation Master Plan, Parks, Recreation, Trails and Open Space Master Plan, and other City-adopted master plans Effective Date The effective date of this UDC, adopted as Ordinance Number , shall be October 2, Violations and Fines A. Zoning Violations Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of Section 2. Zoning Regulations shall be fined not more than two thousand dollars ($2,000.00) for each violation. Each day (or part of a day) that a violation is permitted to exist shall constitute a separate offense. B. Subdivision and Other Violations Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of Section 3. Subdivision Regulations and Development Standards or Section 4. Supplemental Development Regulations shall be fined not more than five hundred dollars ($500.00) for each violation. Each day (or part of a day) that a violation is permitted to exist shall constitute a separate offense Technical Manuals A. Technical Manuals as Supplement to UDC This UDC references several technical manuals, particularly the Engineering Criteria Manual, which are maintained separately from the UDC. Technical manuals apply to all development in the City limits and ETJ. These documents are adopted by reference, as may be amended from time to time by the City. B. Adoption of Engineering Criteria Manual The following City of Austin Criteria Manuals, as may be amended from time to time, are hereby adopted as the Engineering Criteria Manual for the City of Buda: Subsection General Provisions 1

12 1. Drainage Criteria Manual 2. Environmental Criteria Manual 3. Standard Specifications Manual 4. Standards Manual (Standard Details) 5. Traditional Neighborhood District Criteria Manual 6. Transportation Criteria Manual 7. Utilities Criteria Manual 8. Standard Products List C. References Within the Engineering Criteria Manual All references within technical manuals referenced in this Section to the City of Austin, including its departments, boards or divisions shall be the same departments, boards or divisions within the City of Buda. Where such departments, boards or divisions do not exist within the City, such references shall be construed to mean the City Engineer or other representative authorized by the City Manager to perform such functions for the City. D. Conflict with the UDC In any case in which the Engineering Criteria Manual conflicts with this UDC, the provisions of the UDC shall prevail. E. Authority to Interpret, Develop and Update Engineering Criteria Manual The City Engineer is deligated the authority to interpret, develop and review updates to the Engineering Criteria Manual in the course of performing the position s official duties as necessary to carry out the intent of the UDC. To allow local input, a public hearing shall be conducted before the Planning and Zoning Commission before any updates are administratively enacted by the City Engineer. F. Availability Copies of the Engineering Criteria Manual shall be made available by the City of Buda for public inspection Severability In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Buda, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. 2 Section 1. Provisions and Procedures

13 Subsection Development Review Bodies City Council A. Establishment The City s Code of Ordinances establishes the standards governing the City Council within Article III of the City Charter. B. Responsibilities Table 1 is a summary of the City Council s major responsibilities within the UDC. Table 1. City Council s Responsibilities Zoning-Related Responsibilities Modified Area Regulations and Standards Appeal Zoning upon Annexation Decide Zoning Text and Map Amendments Decide B.1 Site Plan in association with a Specific Use Permit Decide A.1 Planned Development (PD) Establishment Decide D.1 Minor PD Amendment and Adjustment Decide if Deferred Specific Use Permit (SUP) Regulations and Procedures Decide E.2 Specific Use Permit Extension Appeal Designation of and Development in Historic Overlay (O-H) District or of a Historic Landmark Decide Certificate of Appropriateness Appeal Amortization of Nonconforming Uses Initiate Alternative Compliance Appeal Subdivision-Related Responsibilities Plat Vacation Decide License to Encroach Decide (if in a street/sidewalk) Petition for Development Agreement Decide Traffic Impact Analysis Decide (by Application) Petition for Subdivision Waiver Decide Subdivision Proportionality Appeal Decide Subdivision Vested Rights Petition Decide (by Application) Subsection Development Review Bodies 3

14 Other Responsibilities C.2 Removal of a Signature Tree Appeal C.3 Removal of a Heritage Tree Decide D.4 Fee In Lieu of Tree Mitigation Appeal Park Land and Trail Dedication Appeal M Appeal of a Stop Work Order Decide O Waiver of Water Quality Regulations Decide D Waiver Procedures for Floodplain Development Decide (by Application) indicates that the item is approved by the Responsible Official for the overall submittal (in the case of a TIA), or the original application (in the case of a Vested Rights Petition). 4 Section 1. Provisions and Procedures

15 Planning and Zoning Commission A. Establishment The City s Code of Ordinances establishes the standards governing the Planning and Zoning Commission within Article VII of the City Charter and Section 1.02 Division 4 of the Code of Ordinances. B. Responsibilities Table 2 is a summary of the Planning and Zoning Commission s major responsibilities within the UDC. Table 2. Planning and Zoning Commission s Responsibilities Zoning-Related Responsibilities Modified Area Regulations and Standards Decide D Sketch Plan and Site Plan for Innovative Residential Development Decide Zoning upon Annexation Recommend Zoning Text and Map Amendments Recommend B.1 Site Plan in association with a Specific Use Permit Recommend A.1 Planned Development (PD) Establishment Recommend Specific Use Permit (SUP) Regulations and Procedures Recommend E.2 Specific Use Permit Extension Decide Designation of and Development in Historic Overlay (O-H) District or of a Historic Landmark Recommend Alternative Compliance Decide Subdivision-Related Responsibilities Preliminary Plat Decide Final Plat Decide Replat Decide Petition for Development Agreement Recommend Traffic Impact Analysis Decide (by Application) Petition for Subdivision Waiver Recommend Subdivision Proportionality Appeal Recommend Subdivision Vested Rights Petition Other Responsibilities Decide (by Application) C.2 Removal of a Signature Tree Decide D.4 Fee In Lieu of Tree Mitigation Decide G Tree Removal Permit and Tree Preservation Plan Decide (by type) Park Land and Trail Dedication Decide O Waiver of Water Quality Regulations Recommend D Waiver Procedures for Floodplain Development Recommend (by Application) indicates that the item is approved by the Responsible Official for the overall submittal (in the case of a TIA), or the original application (in the case of a Vested Rights Petition). Subsection Development Review Bodies 5

16 Board of Adjustment A. Establishment The City s Code of Ordinances establishes the standards governing the Zoning Board of Adjustment within Section 1.02 Division 2 of the Code of Ordinances. B. Responsibilities Table 3 is a summary of the Board of Adjustment s responsibilities within the UDC. Table 3. Board of Adjustment s Responsibilities Zoning-Related Responsibilities E.7 Reinstatement of Nonconforming Use Rights Decide Amortization of Nonconforming Uses Decide A.1 Appeal of a City Administrative or Interpretative Decision Decide Zoning Variance Decide Zoning Special Exception Decide Other Responsibilities A.11 Antenna Variance Decide Antenna Location Waiver Decide C.1 Removal of a Protected Tree Appeal 6 Section 1. Provisions and Procedures

17 Parks and Recreation Commission A. Establishment The City s Code of Ordinances establishes the standards governing the Parks and Recreation Commission within Article of the Code of Ordinances. B. Responsibilities Table 4 is a summary of the Parks and Recreation Commission s major responsibilities within the UDC. Table 4. Parks and Recreation Commission s Responsibilities Other Responsibilities Park Land and Trail Dedication Recommend Historic Preservation Commission A. Establishment The City s Code of Ordinances establishes the standards governing the Historic Preservation Commission (HPC) within Section 1.02 Division 3 of the Code of Ordinances. B. Responsibilities Table 5 is a summary of the Historic Preservation Commission s responsibilities within the UDC. Table 5. Historic Preservation Commission s Responsibilities Zoning-Related Responsibilities Certificate of Appropriateness Decide Designation of and Development in Historic Overlay (O-H) District or of a Historic Landmark Recommend Subsection Development Review Bodies 7

18 City Manager A. Responsibilities 1. Table 6 is a summary of the City Manager s responsibilities within the UDC. 2. The City Manager, acting under the position s authority of administrative organization as established in the City of Buda Home Rule Charter, has the ability and authority to reorganize and reassign the responsibilities assigned to the Director of Planning, City Engineer, or any other member of City personnel or person acting on behalf of City personnel. Table 6. City Manager s Responsibilities Subdivision-Related Responsibilities B.1 Provision of Reuse Water Service Decide Other Responsibilities A Initiation of Application (Universal) Initiate 8 Section 1. Provisions and Procedures

19 Director of Planning A. Responsibilities Table 7 is a summary of the Director of Planning s responsibilities within the UDC. Table 7. Director of Planning s Responsibilities Zoning-Related Responsibilities A.7 Short-Term Residential Rental Registry Manage Modified Area Regulations and Standards Recommend D Sketch Plan and Site Plan for Innovative Residential Development Recommend Zoning upon Annexation Recommend Zoning Text and Map Amendments Recommend B.1 Site Plan in association with a Specific Use Permit Recommend B.2 Site Plan in association with a Building Permit Application Decide A.1 Planned Development (PD) Establishment Recommend D.1 Minor PD Amendment and Adjustment Approve/Defer Specific Use Permit (SUP) Regulations and Procedures Recommend E.2 Specific Use Permit Extension Recommend Designation of and Development in Historic Overlay (O-H) District or of a Historic Landmark Recommend Certificate of Appropriateness Recommend Amortization of Nonconforming Uses Recommend Alternative Compliance Recommend Zoning Variance Recommend Zoning Special Exception Recommend Zoning Vested Rights Petition Decide Subsection Development Review Bodies 9

20 Subdivision-Related Responsibilities D Waiver of Right to 30-Day Action Decide Preliminary Plat Recommend J Preliminary Plat Extension Decide Final Plat Recommend Minor Plat Decide Replat Recommend Amending Plat Decide Plat Vacation Recommend Petition for Development Agreement Recommend Petition for Subdivision Waiver Recommend Subdivision Proportionality Appeal Recommend Subdivision Vested Rights Petition Decide (by Application) Other Responsibilities C Sign Permit Decide Common Signage Plan Decide A.11 Antenna Variance Recommend Antenna Location Waiver Recommend C.1 Removal of a Protected Tree Decide D.4 Fee In Lieu of Tree Mitigation Recommend G Tree Removal Permit Decide (by type) Park Land and Trail Dedication Recommend O Waiver of Water Quality Regulations Recommend D Waiver Procedures for Floodplain Development Recommend Approve/Defer indicates that the Director of Planning may only approve or defer the application to the Planning and Zoning Commission or City Council; the Director of Planning cannot deny the application. (by Application) indicates that the item is approved by the Responsible Official for the overall submittal (in the case of a TIA), or the original application (in the case of a Vested Rights Petition). 10 Section 1. Provisions and Procedures

21 City Engineer A. Responsibilities Table 8 is a summary of the City Engineer s responsibilities within the UDC. Table 8. City Engineer s Responsibilities Subdivision-Related Responsibilities B Facilities Sizing Decide License to Encroach Decide Construction Plans Decide Construction Release Decide B Completion of Public Improvements after Final Plat Approval and Recordation Decide E Acceptance or Rejection of Improvements by the City Engineer Decide Traffic Impact Analysis Recommend B.1 Provision of Reuse Water Service Recommend Petition for Subdivision Waiver Recommend Subdivision Proportionality Appeal Recommend Subdivision Vested Rights Petition Decide (by Application) Other Responsibilities O Waiver of Water Quality Regulations Recommend 0 Floodplain Administrator Administer D Waiver Procedures for Floodplain Development Recommend (by Application) indicates that the item is approved by the Responsible Official for the overall submittal (in the case of a TIA), or the original application (in the case of a Vested Rights Petition). Subsection Development Review Bodies 11

22 Hays County Hays County and the City of Buda currently have an interlocal agreement granting subdivision review authority in the City of Buda s ETJ to the City of Buda. A. Powers and Duties 1. Review and Recommendation Review and comment on text amendments to this Code, as they relate to Hays County technical issues (e.g., on-site sewage treatment). 2. Final Action The City of Buda recognizes that Hays County has responsibility for hearing and taking final action on several procedures, as outlined in the interlocal agreement. 12 Section 1. Provisions and Procedures

23 Summary of Approval Authorities Table 9 is a summary of all major Application types and the associated responsible authority. Table 9. Summary of Approval Authorities Application Type City Council Planning and Zoning Commission Board of Adjustment Parks and Recreation Commission Historic Preservation Commission City Manager Director of Planning City Engineer Zoning-Related Responsibilities Sketch Plan for Innovative Residential Development Decide Recommend Site Plan for Innovative Residential Development Decide Recommend Zoning upon Annexation Decide Recommend Recommend Zoning Text and Map Amendments Decide Recommend Recommend Site Plan in association with a Specific Use Permit Site Plan in association with a Building Permit Application Decide Recommend Recommend Decide Planned Development (PD) Establishment Decide Recommend Recommend Minor PD Amendment and Adjustment Decide if Deferred Approve/ Defer Specific Use Permit (SUP) Regulations and Procedures Decide Recommend Recommend Specific Use Permit Extension Appeal Decide Recommend Amortization of Nonconforming Uses Initiate Decide Recommend Alternative Compliance (see Table 31) Appeal Decide Recommend Reinstatement of Nonconforming Use Rights Appeal of a City Administrative or Interpretative Decision Decide Decide Zoning Variance Decide Recommend Zoning Special Exception Decide Recommend Zoning Vested Rights Petition Decide Certificate of Appropriateness Appeal Decide Recommend Designation of and Development in Historic Overlay (O-H) District or of a Historic Landmark Short-Term Residential Rental Registry Decide Recommend Recommend Recommend Manage Subsection Development Review Bodies 13

24 Application Type City Council Planning and Zoning Commission Board of Adjustment Parks and Recreation Commission Historic Preservation Commission City Manager Director of Planning City Engineer Subdivision-Related Responsibilities Waiver of Right to 30-Day Action Decide Preliminary Plat Decide Recommend Preliminary Plat Extension Decide Final Plat Decide Recommend Minor Plat Decide Replat Decide Recommend Amending Plat Decide if Deferred Approve/ Defer Plat Vacation Decide Recommend License to Encroach Decide (if in a street/ sidewalk) Decide Petition for Development Agreement Decide Recommend Recommend Traffic Impact Analysis Decide (by Application) Decide (by Application) Recommend Provision of Reuse Water Service Decide Recommend Petition for Subdivision Waiver Decide Recommend Recommend Recommend Subdivision Proportionality Appeal Decide Recommend Recommend Subdivision Vested Rights Petition Decide (by Application) Decide (by Application) Decide (by Application) Facilities Sizing Construction Plans Construction Release Completion of Public Improvements after Final Plat Approval and Recordation Acceptance or Rejection of Improvements by the City Engineer Decide Decide Decide Decide Decide (by Application) indicates that the item is approved by the Responsible Official for the overall submittal (in the case of a TIA), or the original application (in the case of a Vested Rights Petition). Approve/Defer indicates that the Director of Planning may only approve or defer the application to the Planning and Zoning Commission or City Council; the Director of Planning cannot deny the application. 14 Section 1. Provisions and Procedures

25 Application Type City Council Planning and Zoning Commission Board of Adjustment Parks and Recreation Commission Historic Preservation Commission City Manager Director of Planning City Engineer Other Responsibilities Removal of a Protected Tree Appeal Decide Removal of a Signature Tree Appeal Decide Removal of a Heritage Tree Decide Recommend Fee In Lieu of Tree Mitigation Appeal Decide Recommend Appeal of a Stop Work Order Decide Waiver of Water Quality Regulations Decide Recommend Recommend Recommend Waiver Procedures for Floodplain Development Decide Recommend Recommend Recommend Antenna Variance Decide Recommend Antenna Location Waiver Decide Recommend Park Land and Trail Dedication Appeal Decide Recommend Recommend Initiation of Application (Universal) Initiate Sign Permit Common Signage Plan Decide Decide Floodplain Administrator Administer Subsection Development Review Bodies 15

26 Subsection Universal Submittal and Processing Procedures General Application Processing A. Initiation of Application 1. Initiation by Owner or Owner s Agent Unless provided by this UDC, any petition or Application may be initiated only by the property owner, owner of an interest in the land, or by the owner's designated agent. If the Applicant is a designated agent, the Application shall include a written statement from the property owner authorizing the agent to file the Application on the owner's behalf. The Responsible Official may require submission of documents, such as an affidavit from the owner, to provide evidence of ownership or agency. 2. Initiation by City Manager The City Manager can initiate any Application authorized under this UDC. B. Waiver of Application Information The Responsible Official may initially waive the submission of any information in the Application and accompanying materials that is not necessary due to the scope and nature of the proposed activity. C. Universal Application Contents 1. Application Forms Generally The City is hereby authorized to prepare Application forms that include information requirements, checklists, architectural or engineering drawing sizes, Applicant contact information, and any other information necessary to show compliance with City codes. 2. All Application forms are available from the Director of Planning. D. Universal Application Fees 1. Every Application shall be accompanied by the prescribed fees set forth in the adopted Fee Schedule. 2. Unless waived by City Council, the prescribed fee shall not be refundable unless it was submitted in error. 3. The Fee Schedule may be amended from time to time per procedures established by the City Council. E. Payment of all Indebtedness Attributable to the Subject Property 1. No Application shall be accepted or reviewed for completeness from a person who owes delinquent taxes, assessments, any fees, or is otherwise indebted to the City until the taxes, assessments, debts, or obligations have been first fully discharged by payment, or until an arrangement has been made for the payment of such debts or obligations. 2. It shall be the Applicant's responsibility to provide evidence or proof that all taxes and fees have been paid, or that other arrangements have been made for payment of said taxes, fees, etc. F. Modification of Applications The Applicant may modify any complete Application following its Official Vesting Date and prior to the expiration of the period, if any, during which the City is required to act on the Application. 16 Section 1. Provisions and Procedures

27 1. Modifications Requested by the City If the modification is for revisions requested by the City, and the modification is received at least ten (10) business days prior to the time scheduled for decision on the Application, then the Application shall be decided within the period for decision prescribed by this UDC. 2. Modifications not Requested by the City Unless otherwise specified, in all other instances (e.g., when the Applicant chooses to submit a revised Application of his/her own accord because of a change in development decisions), submittal of a modified Application shall extend the time for deciding the Application for a period equal to the time specified in this UDC to decide the original Application. The extension of the time for deciding the Application shall commence on the date the modified Application is submitted. i. For Plat Applications, a modified Application shall be accompanied by a properly executed Waiver of Right to 30-Day Action. Subsection Universal Submittal and Processing Procedures 17

28 Subsection Pre-Application Meeting A. Purpose 1. The Pre-Application Meeting is intended to allow for the exchange of non-binding information between the Applicant and City Staff to ensure that the Applicant is informed of pertinent City development regulations and processes. 2. The Pre-Application Meeting provides an opportunity for the Applicant and City Staff to discuss major development considerations such as utilities, roadways, drainage concerns, Comprehensive Plan elements, specific neighborhood characteristics, and historic information. 3. This exchange of information is intended to promote an efficient and orderly review process. B. Pre-Application Meeting before the Submission of Plans and Applications 1. Prior to formal submittal of any required plan or Application, the Applicant is encouraged to consult with the City Manager, Director of Planning, the Building Official, and any other pertinent City Staff in order for the Applicant to become familiar with the City s development regulations and the development process. 2. At the Pre-Application Meeting, the Applicant may be represented by his/her land planner, engineer, surveyor, or other qualified professional. 3. The City may establish forms with project information to request meeting, and such forms shall not be considered a vesting instrument. C. Pre-Application Meetings are Encouraged for the following Applications: 1. Innovative Residential Development, see Zoning Map Amendment (Rezoning), see B Site Plans, see Planned Development (PD) Regulations and Procedures, see Specific Use Permit (SUP) Regulations and Procedures, see Zoning Variance, see Zoning Special Exception, see Plats, see Subsection D. Vested Rights Pre-Application Meetings shall not vest a permit, Application, or other type of development approval. 18 Section 1. Provisions and Procedures

29 Section 2. Zoning Regulations Subsection General Provisions Purpose The zoning regulations and districts herein established have been made in accordance with the Comprehensive Plan for the purpose of promoting the health, safety, and general welfare of the City. The zoning regulations and districts have been designed to protect the health, safety, and welfare of the citizens Official Zoning District Map A. Official Zoning District Map 1. The Official Zoning District Map shall be labeled the Official Zoning District Map of the City of Buda, Texas and shall be maintained as an electronic file and hardcopy file in the office of the Director of Planning. 2. The Official Adoption Date and the Last Amended Date shall be shown on the Official Zoning District Map. 3. In case of any question, the above mentioned hardcopy file, with a list of amendments, shall be controlling. B. Maintenance of the Official Zoning District Map 1. The Director of Planning shall be responsible for the care and maintenance of the Official Zoning District Map. 2. The Official Zoning District Map shall be used for reference and shall be maintained up-to-date by incorporating all subsequent amendments enacted by official action of the City Council. 3. The Director of Planning will use all reasonable means to protect the Official Zoning District Map from damage, and to ensure the accurate restoration of the map file if damage or destruction of the original file occurs. C. Changes or Amendments Reflected on the Map 1. Any changes or amendments made to the zoning district boundaries shall be incorporated into the Zoning District Map file promptly after the amendment has been approved by the City Council. 2. The Director of Planning shall maintain a descriptive log of amendments to the map. 3. The Director of Planning will use all reasonable means to ensure that no changes are made to the Official Zoning District Map without authorization by official action of the City Council. D. Replacement of a Damaged, Destroyed, or Lost Official Zoning District Map 1. In the event that the Official Zoning District Map file becomes damaged, destroyed, lost or difficult to interpret for any reason, the City Council may adopt a new Official Zoning District Map by ordinance following a public hearing. 2. The new Official Zoning District Map shall replace and supersede any prior Official Zoning District Map. 3. As a true replacement map, the new Official Zoning District Map shall not amend or otherwise change district boundaries or classifications from the prior Official Zoning District Map. Subsection General Provisions 19

30 Subsection Zoning Districts Zoning Districts Established A. Purpose The purpose of this section is to create zoning districts, to specify the nature and components of the permitted development within them, and to establish regulations regarding the physical character and intensity of development in order to protect the public health, safety, and welfare. B. Zoning Districts Established The City is hereby divided into zones, or districts, and the boundaries of zoning districts set out herein are delineated upon the Official Zoning District Map. All land within the corporate limits shall be classified into the following zoning districts. Table 10. Zoning Districts Residential Zoning Districts Agricultural (AG) District Estate Residential (R-1) District Suburban Residential (R-2) District One & Two Family Residential (R-3) District Transitional Residential (R-4) District Urban Residential (R-5) District Manufactured Housing (R-MH) District Nonresidential Zoning Districts Neighborhood Business (B-1) District Arterial Business (B-2) District Interstate-35 Business (B-3) District Light Industrial (LI) District Heavy Industrial (HI) District Special and Form Based Zoning Districts Rural Heritage Overlay (O-R) District Gateway Corridor Overlay (O-G) District Historic Overlay (O-H) District Planned Development (PD) Form District 1 (F1) Form District 2 (F2) Form District 3 (F3) Form District 3H (F3H) Form District 4 (F4) Form District 4H (F4H) Form District 5 (F5) Form District 5H (F5H) 20 Section 2. Zoning Regulations

31 C. Zoning Districts as Set Forth are Hereby Established The location and boundaries of the various districts as defined herein shall be established by ordinance and shall be shown and delineated on the Official Zoning District Map. D. Effect of Zoning District Change The reclassification of property to a new zoning district shall be an amendment of the Official Zoning District Map and shall be so recorded. E. Interpretation of District Boundaries The district boundary lines shown on the Official Zoning District Map are regularly along streets, alleys, property lines. When uncertainty exists as to the boundaries of the districts on the Official Zoning District Map, the following rules apply: 1. Center Lines Boundaries indicated as approximately following the center lines of streets or highways, shall be construed to follow such center lines. 2. Platted Lot Lines Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. 3. City Limit Lines Boundaries indicated as approximately following City limits shall be construed as following such City limits. 4. Railroad Lines Boundaries indicated as following railroad lines shall be construed to be the middle of the railroad easement or Right-of-Way. 5. Waterways and Other Geographic Features Boundaries indicated as approximately following the centerline of streams, lakes, or other similar geographic features shall be construed to follow such centerline, and in the event of change in the centerline, shall be construed to move with such centerline. 6. Parallel or Extension Boundaries Boundaries indicated as parallel to or extension of features indicated in 1 through 4 above, shall be so construed. Distances not specifically indicated on the Official Zoning District Map shall be determined by the scale of the map. 7. Interpretation of Zoning District Boundaries Where physical features existing on the ground are in conflict with those shown on the Official Zoning District Map, or in other circumstances not covered by 1 through 4 above, the Board of Adjustment shall interpret the district boundaries and require its inclusion on the Official Zoning District Map. Subsection Zoning Districts 21

32 Zoning District Equivalency Table The following table identifies zoning districts adopted in previous ordinances and the zoning district regulations that now apply in this UDC to those districts. Previous UDC Current UDC Residential Zoning Districts Agricultural (LG) District Low Density Residential (LR) District Medium Density Residential (MR) District Duplex Residential (DR) District High Density Residential (HR) District Multifamily Residential (MFR) District Agricultural (AG) District Estate Residential (R-1) District Suburban Residential (R-2) District One & Two Family Residential (R-3) District Transitional Residential (R-4) District Urban Residential (R-5) District Manufactured Housing Residential (MHR) District Manufactured Housing (R-MH) District Nonresidential Zoning Districts Neighborhood Retail (R1) District Neighborhood Commercial/Office (C1) District Arterial Retail (R2) District Arterial Commercial/Office (C2) District Interstate Retail (R3) District Interstate Commercial/Office (C3) District Light Industrial/Warehousing (I1) District Manufacturing (I2) District Community Facility (P1) District Public Infrastructure Facility (P2) District Neighborhood Park (PR1) District City Park (PR2) District Regional Park (PR3) District Private Park (PR4) District Neighborhood Business (B-1) District Arterial Business (B-2) District Interstate-35 Business (B-3) District Light Industrial (LI) District Heavy Industrial (HI) District Suburban Residential (R-2) District Suburban Residential (R-2) District Suburban Residential (R-2) District Suburban Residential (R-2) District Suburban Residential (R-2) District Suburban Residential (R-2) District 22 Section 2. Zoning Regulations

33 Special and Form Based Zoning Districts Floating Zone Cluster Development (FZ1) Floating Zone Mixed Use (FZ2) District Floating Zone School Site (FZ3) District Deleted; Governed by base district Deleted; Governed by base district Deleted; Governed by base district Rural Heritage Overlay (O-R) District Gateway Corridor Overlay (O-G) District Historic Overlay (O-H) District Central Business (O-D) District Interstate Overlay (O-I35) District Planned Unit Developments Gateway Corridor Overlay (O-G) District Historic Overlay (O-H) District Deleted; Governed by form based code district Deleted; Governed by base district Planned Development (PD) District Form District 1 (F1) Form District 3 (F3) Form District 3H (F3H) Form District 4 (F4) Form District 4H (F4H) Form District 5 (F5) Form District 5H (F5H) Subsection Zoning Districts 23

34 Subsection Residential Zoning Districts Agricultural (AG) District A. Intent The Agricultural (AG) District includes lands within the corporate limits of the City that are not subdivided and relatively undeveloped. This is also the initial zoning classification applied to an annexed tract that is newly annexed by the City. The Agricultural (AG) District is intended to retain a rural character while having the potential for urban growth and increased density; it is proposed as a reserved area where future growth is anticipated to occur. Generally, the Agricultural (AG) District, will be near development; therefore, the agricultural activities conducted in the Agricultural (AG) District should not be detrimental to urban land uses. Agriculture uses are encouraged to be continued when at all possible. B. Permitted Uses: Subsection Zoning Use Regulations C. Area Regulations: Subsection Zoning Dimensional Regulations D. Other Regulations Landscaping Fencing and Screening Off-Street Parking Accessory Structures Building Materials Residential Adjacency Innovative Residential Development Single Family Design Nonresidential Design Lighting Sustainable Design Techniques Nuisances 13. Section 4. Supplemental Development Regulations 24 Section 2. Zoning Regulations

35 Estate Residential (R-1) District A. Intent The Estate Residential (R-1) District is a residential district that includes land subdivided for single family residential purposes and associated uses. The lots are generally large (one [1] acre or larger) and are not served by urban infrastructure. This district is intended to retain a rural character while having the potential for urban growth and increased density. B. Permitted Uses: Subsection Zoning Use Regulations C. Area Regulations: Subsection Zoning Dimensional Regulations D. Access: All lots in the Estate Residential (R-1) District shall be accessed by local streets. E. Other Regulations Landscaping Fencing and Screening Off-Street Parking Accessory Structures Building Materials Residential Adjacency Innovative Residential Development Single Family Design Nonresidential Design Lighting Sustainable Design Techniques Nuisances 13. Section 4. Supplemental Development Regulations Subsection Residential Zoning Districts 25

36 Suburban Residential (R-2) District A. Intent The Suburban Residential (R-2) District serves as the residential district for areas where more urban development (one to four dwelling units per acre) is appropriate. The Suburban Residential (R-2) District provides a variety of low density housing options to ensure effective community development. Developments should provide pedestrian-friendly, suitable residential neighborhoods, protected from incompatible uses and with necessary facilities and services. B. Permitted Uses: Subsection Zoning Use Regulations C. Area Regulations: Subsection Zoning Dimensional Regulations D. Access: All lots in the Suburban Residential (R-2) District shall be accessed by local streets. E. Other Regulations Landscaping Fencing and Screening Off-Street Parking Accessory Structures Building Materials Residential Adjacency Innovative Residential Development Single Family Design Nonresidential Design Lighting Sustainable Design Techniques Nuisances 13. Section 4. Supplemental Development Regulations 26 Section 2. Zoning Regulations

37 One & Two Family Residential (R-3) District A. Intent The One & Two Family Residential (R-3) District is the residential district for areas where denser development (six to eight dwelling units per acre) is appropriate, and where pedestrian-scale development shall occur. The district accommodates most housing needs by allowing for housing types and contextual development standards. The One & Two Family Residential (R- 3) District provides a variety of housing that ensures effective community development, such as townhomes, patio homes, duplexes, and smaller apartments. Developments should provide pedestrian-friendly, suitable residential neighborhoods, protected from incompatible uses and with necessary facilities and services. B. Permitted Uses: Subsection Zoning Use Regulations C. Area Regulations: Subsection Zoning Dimensional Regulations 1. Exceptions: Townhomes located on individual lots within the One & Two Family Residential (R-3) District shall conform to the regulations of the Transitional Residential (R-4) District. D. Access: All lots in the One & Two Family Residential (R-3) District shall be accessed by local streets or collector streets. E. Other Regulations Landscaping Fencing and Screening Off-Street Parking Accessory Structures Building Materials Residential Adjacency Innovative Residential Development Single Family Design Multi-Family Design Nonresidential Design Lighting Sustainable Design Techniques Nuisances 14. Section 4. Supplemental Development Regulations Subsection Residential Zoning Districts 27

38 Transitional Residential (R-4) District A. Intent The Transitional Residential (R-4) District is a residential district intended for multifamily and associated uses (up to 12 dwelling units per acre). Housing types should primarily include townhomes and apartments/condominiums. B. Permitted Uses: Subsection Zoning Use Regulations C. Area Regulations: Subsection Zoning Dimensional Regulations D. Other Regulations Landscaping Fencing and Screening Off-Street Parking Accessory Structures Building Materials Residential Adjacency Innovative Residential Development Single Family Design Multi-Family Design Nonresidential Design Lighting Sustainable Design Techniques Nuisances 14. Section 4. Supplemental Development Regulations 28 Section 2. Zoning Regulations

39 Urban Residential (R-5) District A. Intent The Urban Residential (R-5) District is a residential district that includes land primarily for multifamily residential purposes and associated uses (up to 24 dwelling units per acre). B. Permitted Uses: Subsection Zoning Use Regulations C. Area Regulations: Subsection Zoning Dimensional Regulations 1. Exceptions: Townhomes located on individual lots within the Urban Residential (R-5) District shall conform to the regulations of the Transitional Residential (R-4) District. D. Other Regulations Landscaping Fencing and Screening Off-Street Parking Accessory Structures Building Materials Residential Adjacency Innovative Residential Development Single Family Design Multi-Family Design Nonresidential Design Lighting Sustainable Design Techniques Nuisances 14. Section 4. Supplemental Development Regulations Subsection Residential Zoning Districts 29

40 Manufactured Housing (R-MH) District A. Intent The Manufactured Housing (R-MH) District is a residential district intended to allow manufactured housing independently, in a manufactured home park, or in a manufactured home subdivision. A manufactured home park offers spaces for the placement of manufactured home units on a lease or rental basis. Manufactured home subdivisions include individually platted lots for sale within the subdivision for the placement of manufactured home units. B. Permitted Uses: Subsection Zoning Use Regulations C. Area Regulations: Subsection Zoning Dimensional Regulations D. Access: All lots in the Manufactured Housing (R-MH) District shall be accessed by local streets. E. Other Regulations Landscaping Fencing and Screening Off-Street Parking Accessory Structures Building Materials Residential Adjacency Innovative Residential Development Single Family Design Multi-Family Design Nonresidential Design Lighting Sustainable Design Techniques Nuisances 14. Section 4. Supplemental Development Regulations 30 Section 2. Zoning Regulations

41 Subsection Nonresidential Zoning Districts Neighborhood Business (B-1) District A. Intent The Neighborhood Business (B-1) District is intended to provide for goods and services that support the residential area located within onequarter to one-half mile. These areas are generally located adjacent to or carefully integrated within neighborhoods and must have pedestrian access to adjacent residential areas. No use that adversely affects the residential character of the neighborhood should be allowed. The Neighborhood Business (B-1) District should not exist along freeways. B. Permitted Uses: Subsection Zoning Use Regulations C. Area Regulations: Subsection Zoning Dimensional Regulations D. Other Regulations Landscaping Fencing and Screening Off-Street Parking Accessory Structures Building Materials Residential Adjacency Nonresidential Design Lighting Sustainable Design Techniques Nuisances 11. Section 4. Supplemental Development Regulations Subsection Nonresidential Zoning Districts 31

42 Arterial Business (B-2) District A. Intent The Arterial Business (B-2) District is intended to provide areas for retail and commercial activities along Arterial Streets that primarily serve residential areas within three (3) miles. These areas must have pedestrian access to adjacent residential areas but should not be permitted along residential streets or residential collectors, unless located at an intersection with an Arterial. B. Permitted Uses: Subsection Zoning Use Regulations C. Area Regulations: Subsection Zoning Dimensional Regulations D. Other Regulations Landscaping Fencing and Screening Off-Street Parking Accessory Structures Building Materials Residential Adjacency Nonresidential Design Lighting Sustainable Design Techniques Nuisances 11. Section 4. Supplemental Development Regulations 32 Section 2. Zoning Regulations

43 Interstate-35 Business (B-3) District A. Intent The Interstate-35 Business (B-3) District is intended to provide a location for general retail and commercial activities that serve the entire community and its visitors. Uses may be large in scale and generate substantial traffic, making the Interstate-35 Business (B-3) District only appropriate near Interstate-35 and similar limited-access freeways and tollways. B. Permitted Uses: Subsection Zoning Use Regulations C. Area Regulations: Subsection Zoning Dimensional Regulations D. Other Regulations Landscaping Fencing and Screening Off-Street Parking Accessory Structures Building Materials Residential Adjacency Nonresidential Design Lighting Sustainable Design Techniques Nuisances 11. Section 4. Supplemental Development Regulations Subsection Nonresidential Zoning Districts 33

44 Light Industrial (LI) District A. Intent The Light Industrial (LI) District is intended to provide an area for large business parks, light industry, and office warehousing that will not generate nuisance-like activities such as noise, smoke, or heavy traffic volumes. This district should not generate traffic in residential areas and should not be located adjacent to residential areas unless proper provisions are made for screening, traffic, noise, and similar impacts. Such districts should be located with easy access to Arterial Streets and nonresidential Collector Streets to facilitate transportation logistics. Likewise, such districts may be located in close proximity to other commercial zoning districts. B. Permitted Uses: Subsection Zoning Use Regulations C. Area Regulations: Subsection Zoning Dimensional Regulations D. Other Regulations Landscaping Fencing and Screening Off-Street Parking Accessory Structures Building Materials Residential Adjacency Nonresidential Design Lighting Sustainable Design Techniques Nuisances 11. Section 4. Supplemental Development Regulations 34 Section 2. Zoning Regulations

45 Heavy Industrial (HI) District A. Intent The Heavy Industrial (HI) District is intended to provide a location for manufacturing and industrial activities that may generate some nuisances. Industrial uses are not appropriate adjacent to any residential uses. Traffic generation will likely include heavy vehicles, making access to a minor or major Arterial or a freeway necessary. The Heavy Industrial (HI) District should not be permitted adjacent to or within one thousand (1,000) feet of any residential district, except the Agricultural (AG) District. B. Permitted Uses: Subsection Zoning Use Regulations C. Area Regulations: Subsection Zoning Dimensional Regulations D. Other Regulations Landscaping Fencing and Screening Off-Street Parking Accessory Structures Building Materials Residential Adjacency Nonresidential Design Lighting Sustainable Design Techniques Nuisances 11. Section 4. Supplemental Development Regulations Subsection Nonresidential Zoning Districts 35

46 Subsection Special and Form Based Zoning Districts Rural Heritage Overlay (O-R) District A. Intent The purpose of the Rural Heritage Overlay (O-R) District is to retain the rural and natural character of FM 967 while still allowing for future growth in a responsible manner. B. Boundaries: FM 967 from the western-most end of Garlic Creek Drive and Onion Creek; FM 967 west of Buda Sportsplex; FM 1626 south of Oyster Creek Drive; FM 1626 north of Garlic Creek. In the event of future annexation, overlay boundaries shall follow these corridors. Development standards in this overlay apply to those parcels abutting the Rural Heritage Rightof-Way, or to those parcels abutting a shallow parcel that does abut the Right-of-Way (for abutting parcels that are within four hundred [400] feet in depth from the Right-of-Way). C. Procedures and Standards: Development in the Rural Heritage Overlay (O-R) District. Figure 1. Rural Heritage Overlay (O-R) District Boundaries 36 Section 2. Zoning Regulations

47 Gateway Corridor Overlay (O-G) District A. Intent The purpose of the Gateway Corridor Overlay (O-G) District is to provide land development standards along major Arterials that maintain and enhance the visual integrity of these corridors in order to make the community attractive. B. Boundaries: These Arterials include Loop 4, FM 967, FM 2001, FM 1626, Cabela s Drive, Main Street, Robert S. Light Boulevard, West Goforth Road (from Cedar Street to Interstate 35), and Old San Antonio Road. (Future roads, or road expansions, may eventually fall within the guidelines of Gateway Corridors.) Development standards in this overlay apply to those parcels abutting the Gateway Right-of-Way, or to those parcels abutting a shallow parcel that does abut the Right-of- Way (for abutting parcels that are within four hundred [400] feet in depth from the Right-of-Way). C. Procedures and Standards: Development in the Gateway Corridor Overlay (O-G) District. Figure 2. Gateway Corridor Overlay (O-G) District Boundaries Subsection Special and Form Based Zoning Districts 37

48 Historic Overlay (O-H) District A. Intent The purpose of the Historic Overlay (O-H) District is to preserve areas of historical or cultural significance, including sites, structures, and landmarks. Each individual overlay will have specific standard. B. Boundaries: See Figure 3. C. Procedures and Standards: Designation of and Development in Historic Overlay (O-H) District or of a Historic Landmark. Figure 3. Historic Overlay (O-H) District Boundaries 38 Section 2. Zoning Regulations

49 Planned Development (PD) A. Intent The purpose of the Planned Development (PD) District is to provide land for uses and developments that promote development that is more sensitive to the natural environment, create a significantly enhanced natural setting or sense of place, or otherwise enhance the standard pattern of development in Buda. Development must provide a higher level of amenities to its users or residents than is usually required under the normal standards of this code. A PD may be used to permit new or innovative concepts in land use not permitted by other zoning districts in this Code or to permit development projects that existing districts cannot easily accommodate. B. Procedures and Standards: Planned Development (PD) Regulations and Procedures. Subsection Special and Form Based Zoning Districts 39

50 Form Districts (F1, F2, F3, F3H, F4, F4H, F5, F5H) A. Intent The purpose of the form districts is to increase the range of options for development in select nodes within Buda while still preserving the character and appearance of Buda by regulating the form of the development. The form model is used to establish the intent and general scale of development. Each of the eight (8) form districts has corresponding regulations. There are eight (8) form districts: 1. Form District 1 (F1) contains minimal development aside from those functions related to recreation and community gathering. Form District 1 (F1) is intended to protect the most sensitive landscapes, ecosystems and habitats within Buda and ensure public access to Garlic Creek and Onion Creek. 2. Form District 2 (F2) - Reserved. 3. Form District 3 (F3) supports a mix of small-to-medium sized building types with predominantly residential uses on an interconnected street network. 4. Form District 3H (F3H) supports a mix of small-to-medium sized building types with predominantly residential uses within Buda s Historic Downtown. Development in Form District 3H (F3H) must match the existing character and form of the existing fabric of Buda s Historic Downtown. 5. Form District 4 (F4) consists of a mixed-use urban fabric. It may have a wide range of building types, setbacks and street types and can be used to transition from higher to lower intensity development. The intent of Form District 4 (F4) is to reinforce appropriate scale development and encourage uses that are compatible with existing residential and provide a transition from a residential neighborhood to a mixed use core. 6. Form District 4H (F4H) consists of a mixed-use urban fabric within Buda s Historic Downtown. Development in Form District 4H (F4H) may have a wide range of building types, setbacks and street types and can be used to transition from higher to lower intensity development but must match the existing character and form of the existing fabric of Buda s Historic Downtown. 7. Form District 5 (F5) consists of higher density mixed-use buildings that accommodate retail, offices, townhomes and apartments. It should have a tight network of streets, with wide sidewalks, steady street tree planting and buildings set close to the sidewalks. 8. Form District 5H (F5H) preserves the existing historic commercial buildings and new compatible infill to accommodate retail, offices, townhouses and apartments. It should have a tight network of streets, with wide sidewalks, steady street tree plantings and buildings set close to the sidewalks and must match the existing character and form of the existing fabric of Buda s Historic Downtown. B. Procedures and Standards: Subsection Form Based Code. 40 Section 2. Zoning Regulations

51 Subsection Zoning Use Regulations Land Use Regulations Land and buildings in each of the zoning districts may be used for any of the specified uses in this section. No land shall be used and no building or structure shall be erected, altered, or converted for any use other than those specified as a permitted use in the district in which it is located, as shown in the Use Chart. Table 11. Legend for the Use Chart P Use is permitted by-right P-# Use is permitted by-right subject to the referenced conditions (see ) S S-# Use is permitted upon approval of a Specific Use Permit Use is permitted upon approval of a Specific Use Permit and subject to the referenced conditions (see ) Use is prohibited Classification of Similar Uses The Director of Planning shall be responsible for determining whether a use should be classified as a similar use Classification of New and Unlisted Uses It is recognized that new types of land use will develop and forms of land use not presently anticipated may seek to locate in the City. If the Director of Planning is unable to classify the use under one of the existing listed uses, then the Director of Planning shall initiate a Zoning Text Amendment pursuant to procedures set forth in Zoning Text and Map Amendments Appeals of an Administrative Interpretation Appeals of an administrative interpretation, as with any zoning-related interpretation, may be appealed to the Board of Adjustment, as outlined in A.1 Appeal of a City Administrative or Interpretative Decision. Subsection Zoning Use Regulations 41

52 Use Chart Agricultural (AG) District Estate Residential (R-1) District Suburban Residential (R-2) District One & Two Family Residential (R-3) District Transitional Residential (R-4) District Urban Residential (R-5) District Manufactured Housing (R- MH) District Neighborhood Business (B- 1) District Arterial Business (B-2) District Interstate-35 Business (B-3) District Light Industrial (LI) District Heavy Industrial (HI) District Form District 1 (F1) Form District 3 (F3) Form District 3H (F3H) Form District 4 (F4) Form District 4H (F4H) Form District 5 (F5) Form District 5H (F5H) Parking Requirement (spaces : increment) Residential Uses Community Home or Group Home P-1 P-1 P-1 P-1 P-1 P-1 P-1 1 : bedroom Dwelling, Accessory P-2 P-2 S-2 S-2 S-2 S-2 P P P P P P 1 : unit Dwelling, Multi-Family (Apartment) P P P P Studio 1 : unit 1-2 BR 2 : unit Dwelling, Multi-Family (3-Plex/4-Plex) P P P P P P P 3+ BR 0.5 : add l BR over 2 Guest 1 : 10 units Dwelling, Single Family (Attached Duplex) P P P P P S P 2 : dwelling Dwelling, Single Family (Attached Townhouse) P P P P P P P 2 : dwelling Dwelling, Single Family (Detached) P P P P P P P P P 2 : dwelling Dwelling, Single Family (Patio Home) P P P P P 2 : dwelling Halfway House P-3 P-3 P-3 P-3 P-3 P-3 P-3 1 : bedroom Innovative Residential Development P-4 P-4 P-4 P-4 P-4 P-4 P-4 P-4 P-4 P-4 P-4 Based on dwelling type Manufactured Home P-5 2 : dwelling Modular Home P-6 P-6 P-6 P-6 P-6 P-6 P-6 P-6 P-6 P-6 2 : dwelling Short-Term Residential Rental P-7 P-7 P-7 P-7 P-7 P-7 P-7 P-7 P-7 P-7 P-7 P-7 Based on dwelling type Nonresidential Uses Adult Day Services Center S S S P P S S S 1 : 2 guests Adult Entertainment P-8 1 : 300 Agricultural Use P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 P-10 1 : 1,000 of enclosed areas Ambulance Service P P 1 : 400 Amusement, Commercial (Indoors) S S P P S S S 1 : 300 Amusement, Commercial (Outdoors) S S S S S S 1 : 3 patrons Animal Shelter or Pet Boarding (with Outside Yard/Kennels) Animal Shelter or Pet Boarding (without Outside Yard/Kennels) Animal Veterinary Office or Grooming (with Outside Yard/Kennels) Animal Veterinary Office or Grooming (without Outside Yard/Kennels) S S S S 1 : 400 S S S S P P P P S S S 1 : 400 S S S 1 : 400 S S S P P P P S S S S S 1 : 400 Antique Shop P P P P P P P P 1 : 300 Art Gallery or Museum P P P P P P P P 1 : 300 Artisan s Studio P P P P P S P P P P 1 : 300 Assisted Living/Nursing Home P P S P P P P P 1 : 2 beds 42 Section 2. Zoning Regulations

53 Agricultural (AG) District Estate Residential (R-1) District Suburban Residential (R-2) District One & Two Family Residential (R-3) District Transitional Residential (R-4) District Urban Residential (R-5) District Manufactured Housing (R- MH) District Neighborhood Business (B- 1) District Arterial Business (B-2) District Interstate-35 Business (B-3) District Light Industrial (LI) District Heavy Industrial (HI) District Form District 1 (F1) Form District 3 (F3) Form District 3H (F3H) Form District 4 (F4) Form District 4H (F4H) Form District 5 (F5) Form District 5H (F5H) Parking Requirement (spaces : increment) Automobile or Other Motorized Vehicle Sales S P 1 : 750 Automobile Parts Store S P P P P P P P 1 : 300 Automobile Service Garage (Major) S P P 3 : service bay Automobile Service Garage (Minor) P P P P P 3 : service bay Bank or Financial Institution S-11 P P S-11 S-11 S-11 S-11 S-11 1 : 300 Banquet Hall, Reception Facility, Wedding Chapel, or Other Special Events Center S S S P P S S S S S S Non-Fixed Seats 1 : 150 or Fixed Seats 1 : 4 seats Bar/Tavern ( 75% Sales from Alcohol) P-12 1 : 200 Barber or Beauty Shop S S S P P P P P S P P P P 1 : 400 Bed & Breakfast Inn S S S S S S P P P S P S P P S S Brewery, Macro S-9 P-9 Brewery, Micro S-9 S-9 S-9 S-9 P-9 P-9 S-9 S-9 S-9 S-9 Building Material Sales S S P Residential requirement + 1 : guest room Office 1 : 400 Brewing 1 : 1,000 Tasting Room 1 : 200 Office 1 : 400 Brewing 1 : 1,000 Tasting Room 1 : 200 Retail/Office 1 : 300 Outdoor Storage 1 : 2,000 Car Wash, Full Service P P Wash bays + 5 queue spaces Car Wash, Self Service S P Wash bays + 2 queue spaces Carpentry Shop P P 1 : 400 Catering Service S P P P 1 : 400 Ceramic, Pottery, or Glass Studio S S S P P S S S S Retail/Office 1 : 400 Warehouse 1 : 1,000 Child Care Home ( 6 Children) P P P S S S P P P S S S S Based on dwelling type Child Care Home (6+ Children) S S S S S S Based on dwelling type Child Care Facility (Daycare) S S S P P P S S S S S S 1 : : employee Child Care Facility (Children s Home) S S S S S 1 : 7 children Church or Other Place of Worship, including Parsonage/Rectory P P P P P P P P P P P P P P P P P P P Non-Fixed Seats 1 : 150 or Fixed Seats 1 : 4 seats College or University S P P P P S S S 1 : 3 students + 1 : classroom Contractors Yard or Storage Yard S P 1 : 1,000 GFA Dance Hall, Night Club, or Live Music Venue, Indoors S S S S S S 1 : 300 Dance Hall, Night Club, or Live Music Venue, Outdoors S S S S S S S S 1 : 300 of assembly area Subsection Zoning Use Regulations 43

54 Agricultural (AG) District Estate Residential (R-1) District Suburban Residential (R-2) District One & Two Family Residential (R-3) District Transitional Residential (R-4) District Urban Residential (R-5) District Manufactured Housing (R- MH) District Neighborhood Business (B- 1) District Arterial Business (B-2) District Interstate-35 Business (B-3) District Light Industrial (LI) District Heavy Industrial (HI) District Form District 1 (F1) Form District 3 (F3) Form District 3H (F3H) Form District 4 (F4) Form District 4H (F4H) Form District 5 (F5) Form District 5H (F5H) Parking Requirement (spaces : increment) Dance, Music, or Drama Studio S S S P P P P S P S P P 1 : 400 Distillery, Macro S-9 P-9 P-9 Distillery, Micro S-9 S-9 P-9 P-9 S-9 S-9 S-9 S-9 Donation or Recycling Collection Point P-13 P-13 P-13 P-13 P-13 P-13 P-13 N/A Electrical Power Substation P P P P P P P P P P P P P P P P P P P N/A Fix-It Shop, Bicycle Repair, Blade Sharpening, Small Engine Repair Office 1 : 400 Distilling 1 : 1,000 Office 1 : 400 Distilling 1 : 1,000 Equipment Sales S P 1 : 500 of building Farmer s Market P S S S S S S S S S S S P S S S S S S N/A Feed Store S S P 1 : 300 S P P P P P P P 1 : 400 Food Truck Park S-14 S-14 S-14 S-14 S-14 S-14 S-14 S-14 S-14 N/A Fuel Pumps (Accessory Use) S-15 P-15 P-15 P-15 P-15 S-15 S-15 S-15 N/A Furniture Repair and Upholstering Shop S P P P P P P P 1 : 400 Gasoline Filling or Service Station/Car Wash P-15 P-15 P-15 P-15 P-15 P-15 P-15 Fueling bay spaces + Grocery, Convenience Store requirement Grocery, Convenience Store S S S P P P P S S S S S S 1 : 300 Grocery, Market P P P P P P S S S S S 1 : 300 Grocery, Supermarket P P P P P 1 : 200 Gym or Health/Fitness Center P P P P P P P 1 : 300 Heavy Industrial or Manufacturing Operations P-16 Heliport or Helistop S-17 S-17 S-17 S-17 Office 1 : 400 Warehouse 1 : 1,000 5 spaces for commercial pads Home-Based Business P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 P-18 N/A Hospital, Acute Care P P P 1.5 : bed Hospital, Chronic Care P P P P 1.5 : bed Hotel, Full Service S P P P S P S 1.1 : guest room + 1 : 8 seats for meeting room/restaurant Hotel, Limited Service S S S S S S 1.1 : guest room Hotel, Select Service S S P S S S S 1.1 : guest room + 1 : 8 seats for meeting room/restaurant 44 Section 2. Zoning Regulations

55 Agricultural (AG) District Estate Residential (R-1) District Suburban Residential (R-2) District One & Two Family Residential (R-3) District Transitional Residential (R-4) District Urban Residential (R-5) District Manufactured Housing (R- MH) District Neighborhood Business (B- 1) District Arterial Business (B-2) District Interstate-35 Business (B-3) District Light Industrial (LI) District Heavy Industrial (HI) District Form District 1 (F1) Form District 3 (F3) Form District 3H (F3H) Form District 4 (F4) Form District 4H (F4H) Form District 5 (F5) Form District 5H (F5H) Parking Requirement (spaces : increment) Institution for the Care of Alcoholic, Psychiatric, or Narcotic Patients S P 1 : 2 patients Laundry, Commercial P P 1 : 800 Laundry, Dry Cleaning Drop-Off/Pick-Up P P P P S P P 1 : 400 Laundry, Self-Service S P P P S P P 1 : 400 Library P P P P P P P P P P P P P P P P P P P 1 : 500 Light Industrial and Assembly Processes S P P Nondepository Financial Institution/Payday Lending Establishment Office 1 : 400 Warehouse 1 : 1,000 Liquor Store P-12 P-12 1 : 300 Medical Clinic P P P P P P P P P 1 : 400 Mixed Use P-19 P-19 P-19 P-19 P-19 P P P P P Based on use type Movie Theatre or Cinema S P P P S S S S 1 : 4 seats P-20 P-20 P-20 P-20 P-20 1 : 400 Office, Professional, Medical, or Business P P P P P S P S P P 1 : 400 Outside Display P-21 P-21 P-21 P-21 P-21 P-21 N/A Outside Storage S-22 S-22 S-22 S-22 1 : 2,000 of Outside Storage Park, Playground, or Community Center, Public P P P P P P P P P P P P P P P P P P P N/A Parking Area, Public S S S S S S S S S S S N/A Parking Structure S S S S S S S P S S S S S N/A Pawn Shop P P 1 : 300 Plumbing or Heating/Cooling Store P P 1 : 400 Police, Fire, or Emergency Medical Services Station P P P P P P P P P P P P P P P P P P P N/A Portable Building Sales S P 1 : 500 of building Printing Press/Duplication Shop or Mailing Center S P P P P S S S S 1 : 400 Prisons or Detention Facilities S S 1 : employee + 1 : 15 cells Public Facilities for Local, State, or Federal Government P P P P P P P P P P P P P P P P P P P N/A Radio or TV Station S P P P 1 : 400 Recreational Vehicle (RV) Park S 0.5 : RV bay Research and Development Laboratory (Life Sciences) P P S S S S 1 : 500 Research and Development Laboratory (Technology) P P P P S S S S 1 : 500 Restaurant or Cafeteria, with Curb or Drive-Thru Service S-12 S-12 P-12 P-12 S-12 S-12 1 : 200 Subsection Zoning Use Regulations 45

56 Agricultural (AG) District Estate Residential (R-1) District Suburban Residential (R-2) District One & Two Family Residential (R-3) District Transitional Residential (R-4) District Urban Residential (R-5) District Manufactured Housing (R- MH) District Neighborhood Business (B- 1) District Arterial Business (B-2) District Interstate-35 Business (B-3) District Light Industrial (LI) District Heavy Industrial (HI) District Form District 1 (F1) Form District 3 (F3) Form District 3H (F3H) Form District 4 (F4) Form District 4H (F4H) Form District 5 (F5) Form District 5H (F5H) Parking Requirement (spaces : increment) Restaurant or Cafeteria, without Curb or Drive-Thru Service P-12 P-12 P-12 P-12 S-12 P-12 S-12 P-12 P-12 1 : 200 Retail Store, Big Box S P 1 : 300 Retail Store, Shop P P P P P P P P 1 : 300 Rodeo School, Career S P P P P P P P School, Private or Public P P P P P P P P P P P P P P P P P P P S Non-Fixed Seats 1 : 300 or Fixed Seats 1 : 4 seats 1 : 3 students + 1 : classroom Ele./Middle 2 : classroom Senior High 8 : classroom Seamstress or Tailor Shop P P P P S P S P P 1 : 400 Seasonal Sales S S S S S N/A Shoe Repair Shop P P P P P P P P P 1 : 400 Shooting Range, Indoor P P P 2 : shooting lane Shooting Range, Outdoor S S 2 : shooting lane Stable, Boarding S S S 1 : 2 stalls Stable, Commercial S S S 1 : 2,000 of site area Stadium or Play Field (with lighting) S S S S S S S S S S S S S S S S S S S N/A Stadium or Play Field (without lighting) P P P P P P P P P P P P P P P P P P P N/A Storage Units, Mini S S P 1 : 40 units Tattoo Studio P P S S S S 1 : 400 Taxi Garage or Dispatch P P P S S S 1 : 400 Telephone Exchange (No Offices or Storage Facilities) P P P P P P P P P P P P P P P P P P P N/A Temporary Building P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 P-23 1 : 1,000 Warehouse P P Wholesale Center S P Winery, Macro S-9 P-9 P-9 Winery, Micro S-9 S-9 P-9 P-9 S-9 S-9 S-9 S-9 Office 1 : 400 Warehouse 1 : 1,000 Office 1 : 400 Warehouse 1 : 1,000 Office 1 : 400 Winery 1 : 1,000 Tasting Room 1 : 200 Office 1 : 400 Winery 1 : 1,000 Tasting Room 1 : 200 Woodworking and Planing Mill P 1 : 1,000 Wrecking or Auto Salvage Yard P Office 1 : 400 Yard 1 : 2, Section 2. Zoning Regulations

57 Conditional Standards A. The following conditional development standards shall apply, as indicated in the Use Chart: 1. Community Home or Group Home For the limitation of six or fewer clients, this means six or fewer clients and two authorized supervisory personnel. A Community Home or Group Home must be at least 2,000 feet from any halfway house, measured property line to property line. A community home or group home must be at least 750 feet from any other community home or group home, measured property line to property line. The appearance and residential character of the structure cannot be altered, either through use of colors, materials, construction (excepting provisions for the physically handicapped) and lighting; the emission of sound, noise, vibration and electromagnetic interference; or outdoor storage of any kind. Signs identifying the property as a community home or group home are prohibited. Vehicles used primarily for the community home or group home (for instance, vans displaying an institution name) must be stored where they cannot be seen from the public right-of-way or adjacent properties. Any single-family dwelling unit to be utilized for a community home or group home shall provide as a minimum, the following square footage in each bedroom: i. To house one person per bedroom, the dwelling unit must provide one hundred (100) square feet of space per bedroom utilized for this purpose. ii. To house two or more persons per bedroom, the dwelling unit must provide at least eighty (80) square feet of space per person housed in the bedroom utilized for this purpose. For example, two persons would require a one hundred sixty (160) square foot room. Group Living Operating License i. Purpose The purpose of the Group Living Operating License is as follows: (a) To protect residents from persons who may take advantage of them; (b) To maintain adequate health & safety standards for protection of the residents; (c) To ensure that adequate fire, police and emergency response vehicles or patrols are available; and (d) To identify and facilitate appropriate responses for residents who may require special assistance during an emergency ii. Applicability It is unlawful for any person to construct, maintain or operate within the city, any group or community home, halfway house, or other group living facility unless such person first obtains a license. An application for an annual license to operate a group or community home, halfway house or other group living facility is required within the City limits, or for property located in the City's extraterritorial jurisdiction that is part of a development agreement. Approval of a Group Living Operating License authorizes the use of the property in accordance with the terms of the license and other applicable requirements of Subsection Zoning Use Regulations 47

58 the Unified Development Code for one year, after which the Group Living Operating License must be renewed annually. iii. Review Process and Application An application for a Group Living Operating License shall be prepared in accordance with the requirements established by the City Manager or his/her designee. Applications must include all materials determined necessary by the City Manager. Information regarding the format requirements and materials required for the application will be made available by the City. The City shall investigate the application, and inspect the proposed plans and specifications. For a new group or community home, halfway house or other group living facility, the Group Living Operating License shall not be issued until a Certificate of Occupancy has been approved. For a renewal of a Group Living Operating License, an inspection of the property shall be conducted to verify compliance with all applicable requirements of the Unified Development Code. iv. Criteria for Approval The City Manager shall apply the following criteria in deciding the application for a Group Living Operating License: (a) That the improvements on the property are in accordance with the requirements of the Unified Development Code; (b) That the operations of the property comply with the requirements of the Unified Development Code; (c) That the structures and site comply with the Building Code, Fire Code, Property Maintenance Code and other applicable regulations (including the Americans with Disabilities Act). (d) That there are no outstanding permit requirements. v. Revocation of Certificate The City Manager may institute proceedings to revoke a Group Living Operating License whenever the official determines that the license has been issued in error; or on the basis of incorrect information supplied; or that the use, dimensions, or other features of the structure or property authorized for occupancy, or any portion thereof, is in violation of any provision of this Code, of the Building Code or other construction codes; or that the property is in violation of the requirements of the Unified Development Code applicable to group or community homes, halfway houses or other group living facility. Before any such license is revoked, the City must give 10 days notice to the holder of such license to correct violations. If the license is revoked, the license may be reissued to the licensee if the reasons for such revocation have been duly corrected, or a license may be issued to another qualified applicant. vi. Responsibility for Final Action 2. Dwelling, Accessory The City Manager or his/her designee is responsible for final action on Group Living Operating Licenses as required by this code. Not more than one (1) accessory dwelling shall be located on one lot. Accessory dwellings may be rented or occupied by a guest. Accessory dwellings must meet the setbacks established for the principal dwelling. 48 Section 2. Zoning Regulations

59 A specific use permit is not required in the R-2 zoning district provided the accessory dwelling is located at least 20 feet behind the front line of the primary structure, and the lot width is at least 100 feet and the lot area is at least 12,000 square feet. 3. Halfway House A halfway house must be at least 2,000 feet from other halfway house or inpatient substance abuse treatment facility, measured property line to property line. A halfway house must be at least 750 feet from any community home or group home, notwithstanding any additional distance restrictions of Federal, State or local law for moderate and high risk (level 2 and 3) and civil commitment sex offenders, measured property line to property line. The appearance and residential character of the structure cannot be altered, either through use of colors, materials, construction (excepting provisions for the physically handicapped) and lighting; the emission of sound, noise, vibration and electromagnetic interference; or outdoor storage of any kind. Signs identifying the property as a halfway house are prohibited in residential zoning districts. Vehicles used primarily for the halfway house (for instance, vans displaying an institution name) must be stored where they cannot be seen from the public right-of-way or adjacent properties when located in a residential zoning district. Any single-family dwelling unit to be utilized for a halfway house shall provide as a minimum, the following square footage in each bedroom: i. To house one person per bedroom, the dwelling unit must provide one hundred (100) square feet of space per bedroom utilized for this purpose. ii. To house two or more persons per bedroom, the dwelling unit must provide at least eighty (80) square feet of space per person housed in the bedroom utilized for this purpose. For example, two persons would require a one hundred sixty (160) square foot room. Group Living Operating License See licensing requirements outlined in 1.h above. 4. Innovative Residential Development See Innovative Residential Development for the required conditions. 5. Manufactured Homes Manufactured home parks or subdivisions for Manufactured Homes must be a minimum of five (5) acres and maximum of twenty-five (25) acres in area. 6. Modular Home A Modular Home shall meet the following requirements. The Modular Home meets or exceeds all building code requirements that apply to other dwelling units concerning on-site construction. The Modular Home conforms to all applicable zoning standards for the respective zoning district. The Building Official is so notified in writing for the purpose of establishing procedures for the inspection, issuing of building permits, and compliance with the Texas Manufactured Housing Standards Act (Texas Occupations Code 1201). Subsection Zoning Use Regulations 49

60 The Modular Home is placed on an approved platted lot. Per the Texas Occupations Code , single family and duplex Modular Homes shall: i. Have a value equal to or greater than the median taxable value for each single family dwelling located within five hundred (500) feet of the lot on which the Modular Home is proposed to be located, as determined by the most recent county certified tax appraisal roll; ii. Have exterior siding, roofing, roofing pitch, foundation fascia, and fenestration compatible with the single family dwellings located within five hundred (500) feet of the lot on which the Modular Home is proposed to be located; iii. Comply with municipal aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to single family dwellings; and iv. Be securely affixed to an approved permanent foundation. For purposes of above subsection e above, value means the taxable value of the industrialized housing and the lot after installation of the housing as determined by the appraisal district. 7. Short-Term Residential Rental The Applicant must obtain a Short-Term Residential Rental permit from the City and provide proof of ownership of the residence. The Applicant must demonstrate to the satisfaction of the Director of Planning that the unit and property do not have any outstanding issues related to taxes or building, electrical, plumbing, fire, health, housing, police, planning, noise, or code enforcement provisions. The Applicant must submit a report to the Director of Planning each January that indicates the following: i. The number of nights the unit was rented as a Short-Term Residential Rental in the previous year; ii. Proof of payment of Hotel Occupancy Tax is submitted to the City in accordance with Article of the City s Code of Ordinances; and iii. Proof of current property insurance. iv. If the Applicant has failed to meet one of these requirements, the City shall provide ten (10) calendar days of notice to comply. The City retains the right to suspend or remove a property from the registry. Once a property has been removed from the registry, the property shall not be added to the registry for at least one (1) year. Suspension or removal shall be at the discretion of the Director of Planning for reasons including, but not limited to, the following: i. The Applicant has given false or misleading information during the Application process; ii. There has been a violation of any of the terms, conditions, or restrictions of this subsection; iii. The Applicant has failed to pay the Hotel Occupancy Tax in the timely manner; or 50 Section 2. Zoning Regulations

61 iv. The location has received three (3) complaints from the neighboring property owners for excessive noise or traffic within a twenty-four (24) month period. Continued operation of a Short-Term Residential Rental following suspension or removal from the registry shall be considered a violation of this UDC. 8. Adult Entertainment See Article 8.02 in the City s Code of Ordinances for regulations related to sexually oriented businesses. 9. Alcoholic Beverage Production Facilities are prohibited within four hundred (400) feet of Estate Residential (R-1) District, Suburban Residential (R-2) District, or One & Two Family Residential (R-3) District designations. See 12 below regarding on-premise consumption and sales. Outdoor storage is prohibited with the exception of containers of spent grain, which must be completely screened from the view of public Right-of-Way. There shall be no admission fee, cover charge, nor minimum purchase required If the general public is allowed entry into the facility, signs shall be posted inside the business near the exit door stating: "No alcohol in open containers allowed past this point." See the City of Buda Code of Ordinances, as amended, pertaining to Industrial Waste (Chapter 24). 10. Agricultural Use Barns or Enclosures for Livestock i. No barn or enclosure for cows, horses, mules, donkeys, sheep, goats, or similar livestock shall be located nearer than one hundred (100) feet to any dwelling or nearer than two hundred (200) feet to any property line. ii. These barns or enclosures are not subject to any masonry requirements if the site is three (3) acres or larger in size and the buildings are set back two hundred (200) feet from any dwelling other than that of the resident. Restriction of Agricultural Uses within Residential Zoning Districts i. Vegetation When in a residential zoning district, Agricultural Uses with plants and produce only are permitted on all lots. Excluding any main residential structure, any improvements on the site shall meet the requirements of B. Residential Accessory Structures. ii. Livestock When in a residential zoning district, Agricultural Uses and buildings that include living animals (e.g., cows, horses, mules, donkeys, sheep, goats, pigs, roosters, and more hens than permitted by c below) are permitted on lots that are three (3) or more acres. These uses and buildings shall be incidental and secondary to the use permitted within the residential district and shall not change the character of the district, including garages for implements or equipment, greenhouses, tool sheds, pens, barns, workshops, well houses, or enclosures for livestock. Chickens Subsection Zoning Use Regulations 51

62 i. Chickens are permitted as household pets within all residential lots subject to the following requirements: (a) No more than four (4) hens on lots less than 1/2 acre, or ten (10) hens on lots 1/2 acre or larger are permitted, (b) Roosters are prohibited, (c) Chickens or eggs are not sold for commercial purposes, and (d) A permit is held to keep chickens. ii. Pens or Enclosures for Chickens as Household Pets within Residential Zoning Districts (a) Pens or enclosures for chickens as household pets are permitted on all residential lots and shall meet the following standards. 11. Bank or Financial Institution (i) Setbacks a) Front Setback: Behind the front building line; b) Side Setback: Ten (10) feet from the side lot line; and c) Rear Setback: Ten (10) feet from the rear lot line. (ii) Maximum enclosure size is six (6) feet by ten (10) feet. (iii) These pens or enclosures are not subject to any building material requirements. No drive-through windows shall be permitted in the Neighborhood Business (B-1) District. 12. Bar/Tavern ( 75% Sales from Alcohol) or On-Premise Consumption of Alcohol or Liquor Store Alcohol sales, on-premise consumption of alcohol, and liquor stores shall be prohibited within 300 feet of a church, public or private school, or public hospital. Alcohol sales are also prohibited within 1,000 feet of a private school if the City Council approves by resolution a request for the 1,000 foot separation from the governing body of a private school. Method of Measurement i. Church or Public Hospital The measurement of this distance shall be along the property lines of the street fronts and from front door to front door, and in direct line across intersections. 52 Section 2. Zoning Regulations

63 Subsection Zoning Use Regulations 53

64 ii. Public or Private School The measurement of the distance between the premises and a public or private school shall be from the property line of the public or private school to the property line of the place of business, and in a direct line across intersections. This section does not apply to any establishment that is licensed for the sale or consumption of alcoholic beverages at the time a church, public school or hospital begins construction or occupancy of a building within 300 feet of the licensed establishment. Nor shall it apply to churches, public schools or hospitals that are themselves licensed for the sale or consumption of alcoholic beverages. This section does not apply to on-premises consumption if less than 50 percent of the gross receipts for the premises is from the sale or service of alcoholic beverages; off-premise consumption if less than 50 percent of the gross receipts for the premises, excluding the sale of items subject to the motor fuels tax, is from the sale or service of alcoholic beverages; or a wholesaler, distributor, brewer, distiller, rectifier, winery, wine bottler or manufacturer as those words are ordinarily used and understood in Chapter 102 of the Texas Alcoholic Beverage Code. 13. Donation or Recycling Collection Point Registration with the City is required. 14. Food Truck Park Vendors located within Food Truck Parks shall comply with all regulations pertaining to Mobile and Portable Food Vendors of the City s Code of Ordinances. 54 Section 2. Zoning Regulations

65 15. Fuel Pumps (Accessory Use) or Gasoline Filling or Service Station/Car Wash Roofs of convenience stores, associated buildings, and pump canopies shall be pitched at least 4:12; Canopy support columns shall be fully encased with Class 1: Masonry Construction materials that are complementary to that used on the main building. 16. Heavy Industrial or Manufacturing Operations A Specific Use Permit is required when located adjacent to Agricultural (AG) District zoning. 17. Heliport or Helistop No heliport or helistop shall be located within 1,000 feet of any church, school, hospital, library, public park or within 1,000 feet of any dwelling unless: i. Noise attenuation methods are implemented to achieve noise levels no greater than if the heliport or helistop were located 1,000 feet from any such property in an unprotected state; and ii. The Federal Aviation Administration has approved approach and departure paths for the proposed heliport or helistop which require all departures to be made at an angle of more than ninety (90) degrees from any boundary or any such property which is less than 1,000 feet from the proposed heliport or helistop. 18. Home-Based Business No persons other than members of the family residing on the premises shall be engaged in such business; The use of the home for the Home-Based Business shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than five hundred (500) square feet or ten (10) percent of the square footage of the dwelling area, whichever is greater, shall be used in the conduct of the Home-Based Business; Home-Based Businesses may occur in an Accessory Structure. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such Home-Based Business; No sign advertising a Home-Based Business shall be placed on property where a Home-Based Business is conducted. Only one vehicle (motorized or non-motorized), one ton carrying capacity or less may advertise for the Home-Based Business; Any sales in connection with such Home-Based Business shall be clearly secondary to occupancy. Merchandise shall not be offered or displayed for sale on the premises. Sales incidental to a service shall be allowed; and orders previously made by telephone or at a sales party may be filled on the premises; No traffic shall be generated by a Home-Based Business in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of a Home-Based Business shall be met off the street and other than in a required front yard; No equipment, process or work shall be used or conducted in such Home-Based Business that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot beyond the extent of a typical single-family use. In the case of electrical interference, no equipment, process or work shall be used or conducted that creates visual or Subsection Zoning Use Regulations 55

66 19. Mixed Use audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises; The operation of beauty schools, beauty parlors, barber shops, vehicle repair, lawn mower or other small or large engine repair, and any boarding house/rooming house shall not be permitted as a Home-Based Business or as an accessory use; and No Outside Storage or Outside Display of any type shall be permitted with any Home-Based Business. See Mixed Use Design for the required conditions. 20. Nondepository Financial Institution/Payday Lending Establishment See Article 8.06 in the City s Code of Ordinances for regulations related to nondepository financial institutions. No more than one nondepository financial institution establishment shall be located on a single lot. Any lot containing a nondepository financial institution establishment shall be located at least one thousand feet (1,000') from any lot containing another nondepository financial institution establishment, as measured in a straight line between the nearest points of one lot to the other lot. Any lot containing a nondepository financial institution establishment shall be located at least seven hundred fifty feet (750') from a residential district or residential use, school, church, or public or private park as measured in a straight line between the nearest points of the boundary of the applicable zoning district or property line of the aforementioned uses to the property line of the nondepository financial institution. Any lot containing a nondepository financial institution establishment shall be located at least five hundred feet (500') from the right-of-way of any roadway identified as a highway, parkway or arterial in the city s transportation master plan, as amended, as measured in a straight line between the nearest points of the right-of-way line to the property line of the nondepository financial institution. 56 Section 2. Zoning Regulations

67 21. Outside Display Outside Display areas shall not be placed or located more than thirty (30) feet from the main building and shall not exceed fifty (50) percent of the linear frontage of the building. Figure 4. Example of Outside Display Outside Display areas shall be permitted year round. Outside Display areas shall be additionally restricted in regard to occupying required parking spaces. Outside Display areas shall not occupy any of the parking spaces that are required by this UDC for the primary use(s) of the property. Outside Display areas shall not pose a safety or visibility hazard, nor impede public vehicular or pedestrian circulation, either on-site or off-site, in any way. At least sixty (60) inches of pedestrian clear zone shall be provided to allow for circulation. Outside Display items shall be displayed in a neat, orderly manner, and the display area shall be maintained in a clean, litter-free manner. Outside Display is permitted only as an accessory use and is not a permitted Principal Use. Subsection Zoning Use Regulations 57

68 22. Outside Storage Outside Storage is limited to a maximum of ten (10) percent of the total lot area, shall not be located in front of or on top of the building, and must be screened. Figure 5. Example of Outside Storage Outside Storage screening shall be required only for those areas surrounding Outside Storage. Outside Storage of materials, commodities, or equipment shall be screened with a minimum six (6) foot screening fence or wall, and shall not be visible from the street or from adjacent property. In addition to the screening fence or wall surrounding Outside Storage (see c above), a second level of screening is required at the property line unless the screening required by c above is located along the property line. i. A six (6) foot screening fence or wall shall be provided and maintained at the common property line or street adjacent to the area to be screened by one or a combination of the following methods: (a) Solid masonry consisting of rock, stone, or other material that is equivalent, visually and qualitatively; (b) Wrought iron in conjunction with solid landscape screening; (c) Wood or wood vinyl in conjunction with solid landscape screening; and, (d) An equivalent alternative screening method approved by the Director of Planning. No Outside Storage may exceed the height of the screening wall or fence. Outside Storage exceeding eight (8) feet in height shall require a Specific Use Permit. Unscreened open storage is only permitted within the rear yard of properties within the Heavy Industrial (HI) District and is not permitted within side yards or within sixty (60) feet of a residential use. In the case of a home improvement store that provides goods to the general public (e.g., Home Depot or Lowe s) with Outside Storage, such use would be classified as both Retail Store, Big Box and Outside Storage, therefore both use classifications must be permitted in the applicable district for the store to be allowed. 23. Temporary Building Temporary buildings may be permitted for two (2) years in accordance with a permit issued by the City Building Official. A six (6) month extension may be approved by the City Building Official. After the initial extension is given, the Building Official may approve a second six (6) month extension. Temporary buildings associated with a school are required to receive a permit issued by the City Building Official, however no time limit applies. 58 Section 2. Zoning Regulations

69 Subsection Zoning Dimensional Regulations The purpose of this section is to establish common area standards for each zoning district. The area regulations are established within the following two tables: Residential Dimensional Regulations and Nonresidential Dimensional Regulations. Additional area regulations may apply to specific zoning districts and may be found within other sections of this UDC Residential Dimensional Regulations Agricultural (AG) District Estate Residential (R-1) District Suburban Residential (R-2) District One & Two Family Residential (R-3) District Transitional Residential (R-4) District Urban Residential (R-5) District Manufactured Housing (R-MH) District Minimum Front Yard Setback (ft) Minimum Side Yard Setback (Interior/Corner) (ft) 20/25 15/20 10/15 7.5/10 5/10 15/20 5/10 Minimum Rear Yard Setback (ft) Minimum Lot Area (sqft) or Maximum Dwelling Units per Acre 120,000 30,000 9,000 6,000/8 DUA* 5,000/12 DUA* 20 DUA 7,500 Minimum Lot Frontage Minimum Lot Width (Interior/Corner) (ft) 200/ /105 70/75 55/60 35/40 75/80 55/60 Minimum Lot Depth (ft) N/A N/A Maximum Height (ft) Maximum Building Coverage (%) Maximum Impervious Cover (%) *DUA for R-3 and R-4 recognizes the potential for multi-unit. Unless otherwise modified by , the minimum lot size shall continue to apply. Note: The R-3 district is intended to allow for a mix of housing types and densities, which would be necessary to result in the above stated maximum DUA. Note: Additional area regulations may apply to specific zoning districts and may be found within other sections of this UDC. Likewise, other area standards listed in the tables, such as impervious cover and building coverage, may be altered elsewhere in this UDC depending on a property's particular circumstances. The more stringent regulations shall apply. Subsection Zoning Dimensional Regulations 59

70 Nonresidential Dimensional Regulations Neighborhood Business (B-1) District Arterial Business (B-2) District Interstate-35 Business (B-3) District Light Industrial (LI) District Heavy Industrial (HI) District Minimum Front Yard Setback (ft) Minimum Side Yard Setback (Interior/Corner) (ft) 0/15 0/25 0/30 0/25 0/20 Minimum Rear Yard Setback (ft) Maximum Dwelling Units per Acre 6 DUA 10 DUA 14 DUA N/A N/A Minimum Lot Frontage Minimum Lot Width (Interior/Corner) (ft) 65/70 100/ / / /185 Minimum Lot Depth (ft) N/A Maximum Height (ft) Maximum Building Coverage (%) Maximum Impervious Coverage (%) Note: DUA maximums are provided in this table to address density in mixed use developments. Note: Additional area regulations may apply to specific zoning districts and may be found within other sections of this UDC. Likewise, other area standards listed in the tables, such as impervious cover and building coverage, may be altered elsewhere in this UDC depending on a property's particular circumstances. The more stringent regulations shall apply. 60 Section 2. Zoning Regulations

71 Figure 6. Illustration of Lot Criteria for Residential Dimensional Regulations and Nonresidential Dimensional Regulations Subsection Zoning Dimensional Regulations 61

72 Modified Area Regulations and Standards A. Interior Side Yard Setback Adjustment for Zero Lot Lines Figure 7. Patio Homes 1. Patio Homes The interior side yard setback regulations in above do not apply to the zero lot line side of patio homes (i.e., the exemption applies only to one side yard setback). A patio home may only be built along the property line if another offset patio home is located adjacent to that side (i.e., the zero lot line side of a patio home shall not be located next to a traditional single family home). Separation between buildings shall be no less than ten (10) feet. The wall of the dwelling located on the lot line shall have no windows, doors, air conditioning units or any other type of opening. 2. Townhomes on Separate Lots This section addresses townhomes where multiple units are adjoined across property lines. This section does not apply to townhomes located within a single lot. The interior side yard setback regulations in above do not apply to the interior sides of townhomes on separate lots (i.e., the exemption does not apply to the end units). Minimum lot frontage shall be thirty (30) feet. Minimum lot size shall be three thousand (3,000) square feet. 3. Duplexes on Separate Lots This section addresses duplexes that are adjoined across a property line. This section does not apply to a complete duplex located within a single lot. The interior side yard setback regulations in above do not apply to the zero lot line side of duplexes on separate lots (i.e., the exemption allows the housing structure to be split across two lots so each unit is located on its own lot). Figure 8. Townhomes on Separate Lots Figure 9. Duplex on Separate Lots 62 Section 2. Zoning Regulations

73 B. Separation of Structures When more than one main building is located on the property (e.g., apartments or townhomes), the minimum separation between noncontiguous, adjacent structures shall be thirty (30) feet. C. Alternative Compliance Option A request for the following Alternative Compliance options may be submitted and acted upon in accordance with Alternative Compliance: 1. For infill development, reduction in the minimum front yard setback if necessary to be consistent with the neighboring lots. Subsection Zoning Dimensional Regulations 63

74 Subsection Form Based Code General Provisions A. Purpose The purpose of the Form Based Code is to increase the range of options for development in select Form Districts within Buda while still preserving the character and appearance of Buda by regulating the form of the development. B. Intent The intent and purpose of the Form Based Code is to enable, encourage and qualify the implementation of the following policies: 1. Encourage a mix of commercial, residential and office uses to lessen the tax burden on residential property owners; 2. Transition between higher intensity development and traditional residential neighborhoods 3. Increase pedestrian and bicycle linkages; 4. Preserve and enhance Buda s unique, small town character; and 5. Minimize impact of development within sensitive environmental areas. The Buda 2030 Comprehensive Plan identifies key Mixed Use Nodes where mixed use developments are appropriate and encouraged. Three Mixed Use Nodes were selected as Form Districts: The 1626/967 Community Node, the Downtown Node and the Green Meadows/Old Goforth Neighborhood Node. Figure 10. Buda 2030 Comprehensive Plan Future Land Development Plan 64 Section 2. Zoning Regulations

75 C. Components 1. Regulating Plan for Districts The regulating plans in Regulating Plans for Form Districts serve as the zoning map for the development of the Form Districts. The Form District Standards in Form District Standards are applied by Form District, as shown on the Regulating Plan. 2. Form District Standards The Form District model is used to establish the intent and general scale of development. Each Form District has corresponding regulations. 3. Street Standards 4. Street Types 5. Building Standards 6. Building Types D. How to Use the Form Based Code 1. Applicability This Code applies in the assessment of all Applications within Form Districts (except as exempted in Nonconforming Lots, Structures, and Uses). 2. Review Process Every required Application shall be subject to a determination of completeness in accordance with B. Determination of Completeness for Zoning-Related Applications. 3. Other Standards and Procedures Unless otherwise specified within this Form Based Code, Applicants must also comply with the standards and procedures outlined in Use Chart, Subsection Zoning Development Regulations, Subsection Zoning Procedures, Subsection Zoning Relief Procedures, and all other provisions in Subdivision Regulations and Development Standards, Section 4. Supplemental Development Regulations. E. Site Design Standards for all Form Districts 1. Cross-access shall be provided between all developments within the Form Districts. 2. Connections are required for any development within a Form District located adjacent to a residential development according to the following: For developments less than ten (10) acres, at least one (1) street connection and one (1) pedestrian connection shall be required. For developments ten (10) acres and larger, at least two (2) street connections and two (2) pedestrian connections shall be required. Connections shall be located to avoid conflicts with the service areas of the Form District development. The Director of Planning may approve a reduction in the number of connections where physical or site development constraints exist. 3. Crosswalks are required at all street intersections and shall be delineated with variations in material, textures, paving patterns, and color. Subsection Form Based Code 65

76 4. Parking areas cannot extend beyond the façade of the building on the primary or side street. Circulation routes are permitted. 5. Adjacent on-street parking (along the lot line or within the development) meeting City standards shall be credited toward the minimum parking requirement. 6. Trash and recycling receptacles may be located within fifty (50) feet of properties used for single family residences but shall be visually screened from adjacent residential uses and pedestrian rights-of-way. Screening shall be achieved through the installation of a wall, a semi-opaque fence, solid vegetative surface or a combination. Screening must be six (6) feet in height or a height sufficient to obscure the refuse receptacles. 7. In the case of irregular lots, refer to Figure 6 in Subsection Zoning Dimensional Regulations as an example of how to apply dimensional requirements. 8. See C. Shared Parking Calculation for shared parking options. 9. Outside Storage is prohibited in Form District developments. 10. The Director of Planning may approve a reduction of parking spaces required by Use Chart, based on quantitative information provided by the applicant that documents the need for fewer spaces (e.g., alternative transportation, connectivity to adjacent neighborhoods, sales receipts, documentation of customer frequency, etc.). F. Form District Locations 1. Figure 11. Form District Locations identifies the location and boundaries of the Form Districts. Figure 11. Form District Locations 66 Section 2. Zoning Regulations

77 Regulating Plans for Form Districts A. 967/1626 Community Node 1. Intent According to the Comprehensive Plan, the 967/1626 Community Node should provide a mix of retail, housing, and professional office space for a catchment area of around four or five miles. Reflection of historic character and pedestrian accessibility within the node should be emphasized. 2. Regulating Plan The Regulating Plan serves as the zoning map for the development of the 967/1626 Community Node. Regulations in Form District Standards are applied by Form District, as shown on the Regulating Plan. Interpretation of district boundaries (see E) applies to the Regulating Plan. When two Form Districts are present within a single property, the intent is to approach the proposed or existing road frontage. 3. Additional Requirements All development within the 967/1626 Community Node must include at least four (4) low impact development elements in addition to the required elements from Table 22 on page 155 throughout the site to minimize environmental impact and protect the Edwards Aquifer. The area in the TCEQ Recharge Zone must comply with standards in Subsection Environmental Protection and Water Quality Regulations. The Edwards Aquifer zones may change from those depicted on the regulating plan and that the City will maintain accurate information. Buildings exceeding 35 in height require a SUP. Refer to for SUP requirements. The area in the Rural Heritage Overlay (O-R) District must comply with standards in In the event of a conflict, the more restrictive regulations shall apply. Figure 12. Regulating Plan for the 967/1626 Community Node Subsection Form Based Code 67

78 B. Downtown Node 1. Intent As recommended in both the Downtown Plan and Comprehensive Plan, the Downtown Node development should be compatible with the existing character of downtown. Infill development should help create a continuous retail edge along Main Street. The scale should reflect that of the historic Main Street and Old Town. The character of the historic neighborhood adjacent to Main Street should be preserved. Access should promote a park-once-and-walk environment, with parking along all of Main Street and a pedestrian friendly environment. 2. Regulating Plan The Regulating Plan serves as the zoning map for the development of the Downtown Node. Regulations in Form District Standards are applied by Form District, as shown on the Regulating Plan. Interpretation of district boundaries (see E) applies to the Regulating Plan. When two Form Districts are present within a single property, the intent is to approach the proposed or existing road frontage. 3. Additional Requirements The area in the Historic Overlay (O-H) District must comply with standards in and Figure 13. Regulating Plan for the Downtown Node 68 Section 2. Zoning Regulations

79 C. Green Meadows/Old Goforth Neighborhood Node 1. Intent The Comprehensive Plan states the Green Meadows/Old Goforth Neighborhood Node is intended to provide every-day services and products within easy walking distance to nearby residents without significantly impacting the character of residential areas. The catchment area should be about one or two miles. The center should be easily accessible from adjoining neighborhoods via safe pedestrian facilities. 2. Regulating Plan The Regulating Plan serves as the zoning map for the development of the Green Meadows/Old Goforth Neighborhood Node. Regulations in Form District Standards are applied by Form District, as shown on the Regulating Plan. Interpretation of district boundaries (see E) applies to the Regulating Plan. When two Form Districts are present within a single property, the intent is to approach the proposed or existing road frontage. Figure 14. Regulating Plan for the Green Meadows/Old Goforth Neighborhood Node Subsection Form Based Code 69

80 Form District Standards A. Form District 1 (F1) 1. Intent Form District 1 (F1) contains minimal development aside from those functions related to recreation and community gathering. Form District 1 (F1) is intended to protect the most sensitive landscapes, ecosystems and habitats within Buda and ensure public access to Garlic Creek and Onion Creek. 2. Form District 1 (F1) Standards The following table establishes the standards that apply to all development within Form District 1 (F1). In the event that a single block contains more than one Form District, the most restrictive requirement applies. Block Size Block Length (max) Block Perimeter (max) Impervious Coverage All Development (max) Standards N/A N/A Standards 30% or standards in Subsection Environmental Protection and Water Quality Regulations if applicable. 3. Allowed Street Types Allowed Street Types Reference Standards Section A Parkway Boulevard A. Section B Community Boulevard B. Section H Neighborhood Local Street H. 4. Allowed Building Types Allowed Building Types Reference Standards Open Space Building A. 5. Allowed Uses Use Chart 70 Section 2. Zoning Regulations

81 B. Form District 2 (F2) 1. Intent Reserved. 2. Form District 2 (F2) Standards Reserved. 3. Allowed Uses Reserved. Subsection Form Based Code 71

82 C. Form District 3 (F3) 1. Intent Form District 3 (F3) supports a mix of small-tomedium sized building types with predominantly residential uses on an interconnected street network. 2. Form District 3 (F3) Standards The following table establishes the standards that apply to all development within Form District 3 (F3). In the event that a single block contains more than one Form District, the most restrictive requirement applies. Block Size Block Length (max) Block Perimeter (max) Impervious Coverage All Development (max) Standards 650 ft 2,000 ft Standards 60% or standards in Subsection Environmental Protection and Water Quality Regulations if applicable. 3. Allowed Street Types Allowed Street Types Standards Section A Parkway Boulevard A. Section B Community Boulevard B. Section C Neighborhood Boulevard C. Section E Community Connector Street E. Section H Neighborhood Local Street H. 4. Allowed Building Types Allowed Building Types Standards Single Family Detached B. Accessory Building C. Duplex D. 5. Allowed Uses Use Chart 72 Section 2. Zoning Regulations

83 D. Form District 3H (F3H) 1. Intent Form District 3H (F3H) supports a mix of small-tomedium sized building types with predominantly residential uses within Buda s Historic Downtown. Development in Form District 3H (F3H) must match the existing character and form of the existing fabric of Buda s Historic Downtown. These standards apply to parcels zoned Form District 3H (F3H) within the boundaries of the Historic Overlay (O-H) District. 2. Form District 3H (F3H) Standards The following table establishes the standards that apply to all development within Form District 3H (F3H). In the event that a single block contains more than one Form District, the most restrictive requirement applies. Block Size Block Length (max) Block Perimeter (max) Impervious Coverage All Development (max) Standards 650 ft 2,600 ft Standards 50% or standards in Subsection Environmental Protection and Water Quality Regulations if applicable. 3. Allowed Street Types Allowed Street Types Standards Section B Community Boulevard B. Section C Neighborhood Boulevard C. Section E Community Connector Street E. Section H Neighborhood Local Street H. 4. Allowed Building Types Allowed Building Types Standards Single Family Detached B. Accessory Building C. Duplex D. 5. Allowed Uses Use Chart Subsection Form Based Code 73

84 E. Form District 4 (F4) 1. Intent Form District 4 (F4) consists of a mixed-use urban fabric. It may have a wide range of building types, setbacks and street types and can be used to transition from higher to lower intensity development. The intent of Form District 4 (F4) is to reinforce appropriate scale development and encourage uses that are compatible with existing residential and provide a transition from a residential neighborhood to a mixed use core. 2. Form District 4 (F4) Standards The following table establishes the standards that apply to all development within Form District 4 (F4). In the event that a single block contains more than one zoning district, the most restrictive requirement applies. Block Size Block Length (max) Block Perimeter (max) Impervious Coverage All Development (max) Standards 500 ft 2,000 ft Standards 70% or standards in Subsection Environmental Protection and Water Quality Regulations if applicable. 3. Allowed Street Types Allowed Street Types Standards Section B Community Boulevard B. Section C Neighborhood Boulevard C. Section E Community Connector Street E. Section F Active Street F. Section G Neighborhood Connector Street G. Section H Neighborhood Local Street H. 4. Allowed Building Types Allowed Building Types Standards Single Family Detached B. Accessory Building C. Duplex D. Multiplex E. Townhouse F. General Building G. Apartment* H. Mixed Use Building I. *Apartments require an SUP when located in F4 or F5. Refer to Section 2. Zoning Regulations

85 5. Allowed Uses Use Chart Subsection Form Based Code 75

86 F. Form District 4H (F4H) 1. Intent Form District 4H (F4H) consists of a mixed-use urban fabric within Buda s Historic Downtown. Development in Form District 4H (F4H) may have a wide range of building types, setbacks and street types and can be used to transition from higher to lower intensity development but must match the existing character and form of the existing fabric of Buda s Historic Downtown. These standards apply to parcels zoned Form District 4H (F4H) within the boundaries of the Historic Overlay (O-H) District. 2. Form District 4H (F4H) Standards The following table establishes the standards that apply to all development within the Form District 4H (F4H). In the event that a single block contains more than one zoning district, the most restrictive requirement applies. Block Size Block Length (max) Block Perimeter (max) Impervious Coverage All Development (max) Standards 650 ft 2000 ft Standards 70% or standards in Subsection Environmental Protection and Water Quality Regulations if applicable. 3. Allowed Street Types Allowed Street Types Standards Section B Community Boulevard B Section C Neighborhood Boulevard C. Section E Community Connector Street E. Section G Neighborhood Connector Street G. Section H Neighborhood Local Street H. 4. Allowed Building Types Allowed Building Types Standards Single Family Detached B. Accessory Building C. Duplex D. Multiplex E. Townhouse F. General Building* G. Mixed Use Building* I. *Building type permitted in F4H where not located within the Historic Overlay 76 Section 2. Zoning Regulations

87 5. Allowed Uses Use Chart Subsection Form Based Code 77

88 G. Form District 5 (F5) 1. Intent Form District 5 (F5) consists of higher density mixeduse buildings that accommodate retail, offices, townhomes and apartments. It should have a tight network of streets, with wide sidewalks, steady street tree planting and buildings set close to the sidewalks. 2. Form District 5 (F5) Standards The following table establishes the standards that apply to all development within Form District 5 (F5). In the event that a block contains more than one Form District, the most restrictive requirement applies. Block Size Block Length (max) Block Perimeter (max) Impervious Coverage All Development (max) Standards 500 ft 1,600 ft Standards 75% or standards in Subsection Environmental Protection and Water Quality Regulations if applicable. 3. Allowed Street Types Allowed Street Types Standards Section D Promenade Street D. Section E Community Connector Street E. Section F Active Street F. Section G Neighborhood Connector Street G. 4. Allowed Building Types Allowed Building Types Standards Townhouse F. General Building G. Apartment* H. Mixed Use Building I. *Apartments require an SUP when located in F4 or F5. Refer to Allowed Uses Use Chart 78 Section 2. Zoning Regulations

89 H. Form District 5H (F5H) 1. Intent Form District 5H (F5H) preserves the existing historic commercial buildings and new compatible infill to accommodate retail, offices, townhouses and apartments. It should have a tight network of streets, with wide sidewalks, steady street tree plantings and buildings set close to the sidewalks and must match the existing character and form of the existing fabric of Buda s Historic Downtown. These standards apply to parcels zoned Form District 5H (F5H) within the boundaries of the Historic Overlay (O-H) District. 2. Form District 5H (F5H) Standards The following table establishes the standards that apply to all development within Form District 5H (F5H). In the event that a block contains more than one Form District, the most restrictive requirement applies. Block Size Block Length (max) Block Perimeter (max) Impervious Coverage All Development (max) Standards 500 ft 1,600 ft Standards 75% or standards in Subsection Environmental Protection and Water Quality Regulations if applicable. 3. Allowed Street Types Allowed Street Types Standards Section D Promenade Street D. Section E Community Connector Street E. Section F Active Street F. Section G Neighborhood Connector Street G. 4. Allowed Building Types Allowed Building Types Standards Townhouse F. General Building G. Apartment H. Mixed Use Building I. 5. Allowed Uses Use Chart Subsection Form Based Code 79

90 Street Standards A. Lighting 1. Intent Lighting varies in brightness and also in the character of the fixture according to the Form District. The table shows common types of lighting. See Lighting for glare control and standards for the control of light and glare. 2. Applicability These standards apply to all Form Districts (except as exempted in Nonconforming Lots, Structures, and Uses). See Lighting for additional applicability. Table 12. Lighting Standards for Form Districts Lighting Type Cobra Head Pipe Post Column Image(s) Appropriate Streets Section A Parkway Boulevard Section B Community Boulevard Section C Neighborhood Boulevard Section D Promenade Street Section C Neighborhood Boulevard Section F Active Street Section G Neighborhood Connector Street Section F Active Street Section G Neighborhood Connector Street Section H Neighborhood Local Street Section H Neighborhood Local Street 80 Section 2. Zoning Regulations

91 Street Types A. Section A Parkway Boulevard (F1, F3, F4) Parkways are multi-lane roadways with well-landscaped medians and sidewalks that provide recreational paths. They move vehicles, bicycles, and pedestrians through the City. These streets function not only as transportation corridors connecting one part of the City to the others, but also as linear green spaces with multi-use trails, shade, seating, open space, and stormwater management. A: Pedestrian Zone Planting: 8 ft Sidewalk:6 ft Multi-Use Path: 10 ft Tree Spacing: 30 ft E: Travel Lanes 11 ft Number of Lanes: 4 Minimum Standards* Maximum Standards* Notes Planting: no max Sidewalk: no max Multi-Use Path: no max Tree Spacing: 40 ft 12 ft Number of Lanes: 6 A multi-use path is recommended on high volume roadways that do not have bicycle lanes in order to accommodate cyclists, joggers and walkers. Travel lane widths vary by speed limit and number of lanes. F: Median/Turn Lane 16 ft 30 ft Median width is residual depending on the amount of travel lanes required. * Parking and travel lanes shall be required to comply with the City of Buda s adopted fire code. Subsection Form Based Code 81

92 B. Section B Community Boulevard (F3, F4) Community Boulevards are balanced, multi-purpose streets. They are a central spine of the larger street network for vehicles, bicycles and pedestrians, and therefore should be located in areas that enhance the existing street system and give it clarity and coherence. In designing boulevards, care must be taken to ensure that all components of the boulevard are working together in a coherent whole. Boulevards are especially appropriate where there is a need to carry both slow, local traffic and fast, throughmoving traffic. Minimum Standards* Maximum Standards* Notes A: Pedestrian Zone Planting: 5 ft Sidewalk: 6 ft Tree Spacing: 30 ft Planting: no max Sidewalk: no max Tree Spacing: 40 ft Sidewalk varies based on demand and land use. Planting area is residual but should be maximized in areas with high traffic speeds and volume. B: Bicycle Lanes 6 ft 8 ft Optional, but required if road is specified as a City bicycle route. E: Travel Lanes 11 ft Number of Lanes: 2 12 ft Number of Lanes: 4 Travel lane widths vary with speed limit and number of lanes. F. Median/Turn Lane 16 ft 24 ft Optional, but median width is residual depending on the amount of travel lanes required. * Parking and travel lanes shall be required to comply with the City of Buda s adopted fire code. 82 Section 2. Zoning Regulations

93 C. Section C Neighborhood Boulevard (F3, F4, F4H) Neighborhood Boulevards are intended to calm traffic on medium to high-speed roads that travel through residential or mixed-use areas. Neighborhood Boulevards are intended to reduce high travel speeds, make it easier and more comfortable to walk along the street, cross the street, improve bicycling conditions and make left turns. A: Pedestrian Zone Planting: 8 ft Minimum Standards* Maximum Standards* Notes Sidewalk: 6 ft Multi-Use Path: 10 ft Tree Spacing: 30 ft Planting: no max Sidewalk: no max Multi-Use Path: no max Tree Spacing: 40 ft Sidewalk varies based on demand and land use. Planting area is residual but should be maximized in areas with high traffic speeds and volume. C: Shoulder 2 ft 4 ft Shoulders should be wide enough to accommodate fire trucks and yielding. Subject to adopted Fire Code and Fire Marshal approval. E: Travel Lanes 10 ft Number of Lanes: 2 12 ft Number of Lanes: 4 Travel lane widths vary with speed limit and number of lanes. Travel lanes can be marked as bicycle sharrows as an alternative to Multi-Use Paths. Sharrow lanes should be 11 and are only recommended for two-lane streets with speed limits less than 30 miles per hour. F. Median/Turn Lane 12 ft 18 ft Optional, but median width is residual depending on the amount of travel lanes required. Turn lanes should provide pedestrian refuge islands where appropriate. * Parking and travel lanes shall be required to comply with the City of Buda s adopted fire code. Subsection Form Based Code 83

94 D. Section D Promenade Street (F4, F5, F5H) Promenade Streets handle high pedestrian volumes and levels of activity throughout the day. Due to their importance, visibility, and high levels of pedestrian activity, Promenade Streets should have generous sidewalks, consistent shade, pedestrian amenities, formal design treatments, and provide short term parking for shoppers and visitors. Minimum Standards* Maximum Standards* Notes A: Pedestrian Zone Planting: 5 ft (tree wells can be grated) Sidewalk: 6 ft Tree Spacing: 25 ft Planting: no max Sidewalk: no max Tree Spacing: 30 ft D: Parking 9 ft 20 ft Parallel or angled parking In high volume pedestrian areas, replace planting with grate. Sidewalk width can be asymmetrical and varies by use. E: Travel Lanes 10 ft Number of Lanes: 2 12 ft Number of Lanes: 3 Travel lane widths vary with speed limit and number of lanes. Travel lanes can be marked as bicycle sharrows. Sharrows should be 11 ft and are only recommended for two-lane streets with speed limits less than 30 miles per hour. Travel lanes adjacent to parking must be at least 12 ft to allow safe maneuvering. Subject to adopted Fire Code and Fire Marshal approval. * Parking and travel lanes shall be required to comply with the City of Buda s adopted fire code. 84 Section 2. Zoning Regulations

95 E. Section E Community Connector Street (F3, F4, F4H, F5, F5H) Community Connectors carry local traffic to major destinations such as downtown, regional shopping centers, parks and larger roadways. They are intended to accommodate people walking, biking and driving through town. Minimum Standards* Maximum Standards* Notes A: Pedestrian Zone Planting: 5 ft B: Bicycle Lane or Cycle Track Sidewalk: 5 ft Tree Spacing: 30 ft Cycle Track: 6.5 ft Shoulder: 2 ft Planting: no max Sidewalk: no max Tree Spacing: 40 ft Cycle Track: 10 ft Shoulder: 3 ft Sidewalk varies based on demand and land use. Planting area is residual but should be maximized in areas with high traffic speeds. Optional, but required if road is specified as a City bicycle route. Cycle tracks are encouraged as an alternative to bicycle lanes. Use a cycle track with a raised physical separation on roads with higher speeds and traffic. D: Parking 9 ft 9 ft Optional, parallel parking can be added based on land use need and can provide additional separation between cars and cycle track. E: Travel Lanes 10 ft Number of Lanes: 2 11 ft Number of Lanes: 2 Travel lanes can be marked as bicycle sharrows. Sharrows should be 11 ft and are only recommended for two-lane streets with speed limits less than 30 miles per hour. Travel lanes adjacent to parking must be at least 12 ft to allow safe maneuvering. * Parking and travel lanes shall be required to comply with the City of Buda s adopted fire code. Subsection Form Based Code 85

96 F. Section F Active Street (F4, F5, F5H) Active Streets are designed to balance the needs of pedestrians, cyclists, moving vehicles and parked vehicles. They are intended for vibrant areas that serve a variety of land uses from residential to retail and community uses. A: Pedestrian Zone Planting: 5 ft Minimum Standards* Maximum Standards* Notes Sidewalk: 5 ft Tree Spacing: 30 ft Planting no max Sidewalk: no max Tree Spacing: 40 ft Sidewalk varies based on demand and land use. Planting area is residual. B: Bicycle Lane or Cycle Track 6 ft 6 ft Optional, but required if road is specified as a City bicycle route. D: Parking 9 ft 11 ft Parking can be on one or both sides of the street depending on demand. E: Travel Lanes 10 ft Number of Lanes: 2 12 ft Number of Lanes: 2 Travel lanes can be marked as bicycle sharrows. Sharrows should be 11 ft and are only recommended for two-lane streets with speed limits less than 30 miles per hour. Travel lanes adjacent to parking must be at least 12 ft to allow safe maneuvering. * Parking and travel lanes shall be required to comply with the City of Buda s adopted fire code. 86 Section 2. Zoning Regulations

97 G. Section G Neighborhood Connector Street (F4, F4H, F5, F5H) Neighborhood Connector Streets are intended to provide connections within neighborhoods. They are not intended for through traffic beyond the neighborhood. A: Pedestrian Zone Planting: 5 ft Minimum Standards* Maximum Standards* Notes Sidewalk: 5 ft Tree Spacing: 30 ft Planting: no max Sidewalk: no max Tree Spacing: 40 ft Sidewalk varies based on demand and land use. Planting area is residual. D: Parking 9 ft 9 ft Bump outs can be used to minimize crosswalk distance at intersections. Parking can be on one or both sides of the street depending on demand. E: Travel Lanes 10 ft Number of Lanes: 2 11 ft Number of Lanes: 2 Travel lanes can be marked as bicycle sharrows. Sharrows should be 11 ft and are only recommended for two-lane streets with speed limits less than 30 miles per hour. Travel lanes adjacent to parking must be at least 12 ft to allow safe maneuvering. Subject to adopted Fire Code and Fire Marshal approval. * Parking and travel lanes shall be required to comply with the City of Buda s adopted fire code. Subsection Form Based Code 87

98 H. Section H Neighborhood Local Street (F1, F3, F3H, F4, F4H) The primary role of Neighborhood Residential Streets is to contribute to a high quality of life for residents of Buda. Typically, they are not more than two travel lanes (one in each direction) and are not intended for through-traffic. Parking can be accommodated on either side of the street, and will act to slow down traffic as drivers will need to yield to pass. The design of Residential Streets focuses on encouraging slow speeds. A: Pedestrian Zone Planting: 5 ft Minimum Standards* Maximum Standards* Notes Sidewalk: 5 ft Tree Spacing: 30 ft Planting: no max Sidewalk: no max Tree Spacing: 40 ft Sidewalk varies based on demand and land use. Planting area is residual. C: Shoulder 2 ft 4 ft Shoulders account for informal parking. E: Travel Lanes 10 ft Number of Lanes: 2 10 ft Number of Lanes: 2 * Parking and travel lanes shall be required to comply with the City of Buda s adopted fire code. 88 Section 2. Zoning Regulations

99 Building Standards A. Intent Frontage type standards are intended to create areas of cohesive community character. B. Applicability These standards apply to all Form Based Zoning Districts (except as exempted in Nonconforming Lots, Structures, and Uses). C. Allowed Frontage Types Every block face must have a common approach to frontages. Frontage Strategy Image Appropriate Building Type Street Type Common Yard: Planted frontage wherein the façade is set back substantially from the frontage line. The front yard created remains unfenced and is visually continuous with adjacent yards, supporting a common landscape. The deep setback provides a buffer from the higher speed thoroughfares. Open Space Building Single Family Detached Duplex Multiplex Neighborhood Boulevard Neighborhood Connector Street Neighborhood Local Street Porch and Fence: Planted frontage where the façade is set back from the frontage line with an attached porch permitted to encroach. A fence at the frontage line maintains street spatial definition. Porches shall be no less than 8 feet deep. Single Family Detached Duplex Multiplex Townhome Apartment Community Connector Street Neighborhood Connector Street Neighborhood Local Street Subsection Form Based Code 89

100 Frontage Strategy Image Appropriate Building Type Street Type Forecourt: Frontage wherein the façade is close to the frontage line and the central portion is set back. The forecourt created is suitable for vehicular drop-offs. Large trees within the forecourts may overhang the sidewalks. Multiplex Apartment Neighborhood Boulevard Community Connector Street Active Street Neighborhood Connector Street Stoop: Frontage wherein the façade is aligned close to the frontage line with the first story elevated from the sidewalk sufficiently to ensure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground-floor residential use. Townhome Apartment Community Connector Street Active Street Neighborhood Connector Street Shopfront: Frontage wherein the façade is aligned close to the frontage line with the building entrance at sidewalk grade. This type is conventional for retail use. It has substantial glazing on the sidewalk level and an Awning/Canopy that should overlap the sidewalk. Fence standards need to comply with Fencing and Screening. General Building Mixed Use Building Community Boulevard Neighborhood Boulevard Promenade Street Community Connector Street Active Street 90 Section 2. Zoning Regulations

101 Frontage Strategy Image Appropriate Building Type Street Type Gallery: Frontage wherein the façade is aligned with the frontage line with an attached cantilevered shed or lightweight Colonnade overlapping the sidewalk. This type is conventional for retail use. The gallery should be no less than 10 feet wide and may overlap the sidewalk to within 2 feet of the curb. General Building Mixed Use Building Community Boulevard Neighborhood Boulevard Promenade Street Community Connector Street Active Street Arcade: Colonnade supporting habitable space that overlaps the sidewalk, while the façade at sidewalk level remains at or behind the frontage line. This type is conventional for retail use. The arcade shall be no less than 12 feet wide and may overlap the sidewalk to within 2 feet of the curb. General Building Mixed Use Building Community Boulevard Neighborhood Boulevard Promenade Street Community Connector Street Active Street Slip Road Parking: A parking area separated from a major auto oriented boulevard with a planted frontage. The building facing internally onto the parking area should have a pedestrian-friendly frontage. General Building Mixed Use Building Parkway Boulevard Community Boulevard Subsection Form Based Code 91

102 Building Types A. Open Space Building (F1) Lot Dimension F1 Building Setbacks F1 A1. Area (min) n/a A2. Width interior lot (min) n/a A2. Width corner lot (min) n/a A3. Depth (min) n/a A4. Building Coverage 5% A5. Impervious Coverage 15% B1. From primary street (min) 50 ft B2. From side street (min) 50 ft B3. From side lot line (min) 50 ft B4. From rear lot line (min) 50 ft Height C1. All Buildings (max) 35 ft Frontage Types Common Yard 92 Section 2. Zoning Regulations

103 B. Single Family Detached (F3, F3H, F4, F4H) Lot Dimension F3 F3H F4 F4H A1. Area (min) 6000 sf sf 5000 sf 6000 sf A2. Width interior lot (min) A2. Width corner lot (min) A3. Depth (min) A4. Building Coverage A5. Impervious Coverage Building Setbacks B1. From primary street (min) B2. From side street (min) B3. From side lot line (min) B4. From rear lot line (min) 55 ft 65 ft 45 ft 60 ft 60 ft 75 ft 55ft 75 ft 110 ft 110 ft 110 ft 110 ft 50% 40% 60% 55% 60% 50% 70% 65% F3 F3H F4 F4H 15 ft 20 ft* 10 ft 15 ft* 10 ft 10 ft* 10 ft 10 ft* 5 ft or 20% lot width, whichever is greater 5 ft or 20% lot width, whichever is greater 5 ft or 20% lot width, whichever is greater 5 ft or 20% lot width, whichever is greater 20 ft 20 ft 20 ft 20 ft * or the average of the setbacks on the block, whichever is greater Parking Setbacks C1. From Primary Street (min)* C2. From Side Street (min)* C3. From side lot line (min) C4. From rear lot line (min) F3 F3H F4 F4H 30 ft 30 ft 50 ft 50 ft 15 ft 15 ft 15 ft 15 ft 5 ft, 0 ft if shared with adjacent lot. 5 ft 5 ft 5 ft 5 ft * Parking area must be setback a minimum of 15 ft from the wall of the home on the primary street or a minimum of 5 ft from the wall of the home on the side street. Build-to Zone F3 F3H F4 F4H D1. Primary Street (min/max) D2. Building Width in Build-to (min) B1. /B1. plus 10 ft 40% 40% 70% 60% Height F3 F3H F4 F4H E1. All Buildings (max) 30 ft 30 ft 35 ft 35 ft Pedestrian Access F3 F3H F4 F4H F1. Main pedestrian entrance must front onto Primary Street Frontage Types F3 F3H F4 F4H Common Yard, Porch and Fence Subsection Form Based Code 93

104 C. Accessory Building (F3, F3H, F4, F4H) Lot Dimension F3 F3H F4 F4H F5H Building Setbacks F3 F3H F4 F4H F5H A1. Area (min) A2. Width interior lot (min) A2. Width corner lot (min) A3. Depth (min) A4. Building Coverage A5. Impervious Coverage Calculated according to Primary Building. 20% of the maximum allowed building coverage for the primary building. Building coverage counts toward the allowed coverage for the primary building. Impervious coverage counts towards the maximum allowed impervious coverage of the primary building. B1. From Primary Street (min) B2. From Side Street (min) B3. From side lot line (min) B4. From rear lot line (min) 50 ft* 50 ft* 50 ft* 50 ft* 50 ft* 10 ft 10 ft 10 ft 10 ft 10 ft 5 ft 5 ft 5 ft 5 ft 5 ft 5 ft 5 ft 5 ft 5 ft 5 ft *or 10 ft behind the primary building, whichever is greater Height F3 F3H F4 F4H F5H C1. Accessory Building (max) C2. Accessory Building alley access only (max) 25 ft 30 ft 94 Section 2. Zoning Regulations

105 D. Duplex (F3, F3H, F4, F4H) Site/Lot Dimensions* F3 F3H F4 F4H Parking Setbacks F3 F3H F4 F4H A1. Area (min) 6000 sf sf 5000 sf 6000 sf A2. Width interior lot (min) A2. Width corner lot (min) 60 ft 65 ft 50 ft 60 ft 70 ft 75 ft 60 ft 75 ft A3. Depth (min) 110 ft 110 ft 110 ft 110 ft A4. Building Coverage A5. Impervious Coverage 50% 40% 60% 55% 60% 50% 70% 65% *Units can be divided into two individual lots as long as the combined site area is equal to the standards above. Building Setbacks B1. From primary street (min) B2. From side street (min) C3. From side lot line (min) C4. From rear lot line (min) F3 F3H F4 F4H 15 ft 20 ft* 10 ft 15 ft* 10 ft 10 ft* 10 ft 10 ft* 5 ft or 20% lot width, whichever is greater 5 ft or 20% lot width, whichever is greater 5 ft or 20% lot width, whichever is greater 5 ft or 20% lot width, whichever is greater 20 ft 20 ft 20 ft 20 ft C1. From Primary Street (min)* C2. From Side Street (min)* C3. From side lot line (min) C4. From rear lot line (min) 30 ft 35 ft 50 ft 50 ft 15 ft 15 ft 15 ft 15 ft 5 ft, 0 ft if shared with adjacent lot. 5 ft 5 ft 5 ft 5 ft *Parking area must be setback a minimum of 15 ft from the wall of the home on the primary street or a minimum of 5 ft from the wall of the home on the side street. Build-to Zone F3 F3H F4 F4H D1. Primary Street (min/max) D2. Building Width in Build-to (min) B1. /B1. plus 10 ft 40% 40% 70% 60% Height F3 F3H F4 F4H E1. All Buildings (max) 30 ft 30 ft 35 ft 35 ft Pedestrian Access F3 F3H F4 F4H F1. One pedestrian entrance must front onto Primary Street. Frontage Types F3 F3H F4 F4H Common Yard, Porch and Fence Use note: Accessory dwelling not permitted in addition to Duplex * or the average of the setbacks on the block, whichever is greater. Subsection Form Based Code 95

106 E. Multiplex F4, F4H) A multiplex would typically take the form of a 3-plex or 4-plex, but would functionally look like a large single-family home. These are sometimes nicknamed a "houseplex." These are often seen in historic areas where a large house/mansion is broken up internally and remodeled to have 2-4 living units. Lot Dimensions F4 F4H A1. Area (min) 8000 sf 9900 sf A2. Width interior lot (min) A2. Width corner lot (min) 80 ft 90 ft 90 ft 100 ft A3. Depth (min) 100 ft 110 ft A4. Building Coverage 60% 55% A5. Impervious Coverage 70% 65% Building Setbacks F4 F4H B1. From primary street (min) B2. From side street (min) B3. From side lot line (min) B4. From rear lot line (min) 15 ft 15 ft* 10 ft 10 ft* 5 ft 5 ft 15 ft 15 ft * or the average of the setbacks on the block, whichever is greater. Use note: Accessory dwelling not permitted in addition to Multiplex Parking Setbacks F4 F4H C1. From Primary Street (min)* C2. From Side Street (min)* C3. From side lot line (min) C4. From rear lot line (min) 50 ft 50 ft 15 ft 15 ft 5 ft, 0 ft if shared with adjacent lot. 5 ft 5 ft *Parking area must be setback a minimum of 30 ft from the wall of the home on the primary street or a minimum of 5 ft from the wall of the home on the side street. Build-to Zone F4 F4H D1. Primary Street (min/max) D2. Building Width in Build-to (min) B1. /B1. plus 10 ft 70% 60% Height F4 F4H, E1. All Buildings (max) 35 ft 35 ft Pedestrian Access F4 F4H F1. One pedestrian entrance must front onto Primary Street. Frontage Types F4 F4H Common Yard, Porch and Fence, Forecourt 96 Section 2. Zoning Regulations

107 F. Townhouse (F4, F4H, F5, F5H) Site Dimensions F4 F4H F5 F5H A1. Net Site Area (min) A2. Net Site Width (min) A3. Net Site Depth (min) A3. Outdoor Amenity Zone 6000 sf 7000 sf 5000 sf 6000 sf 50 ft 70 ft 50 ft 50 ft 100 ft 100 ft 100 ft 100 ft 10% 10% 10% 10% Lot Dimensions F4 F4H, F5 F5H B1. Area (min) 2500 ft 3000 ft 2000 ft 3000 ft B2. Width (min) 25 ft 30 ft 20 ft 30 ft B3. Building Coverage B4. Impervious Coverage 60% 55% 80% 60% 70% 65% 90% 70% Building Setbacks F4 F4H F5 F5H C1. From primary street (min) C2. From side street (min) C3. From side lot line (min) C4. From rear lot line (min) 10 ft 10 ft 0 ft 0 ft 10 ft 10 ft 10 ft 10 ft 0 or 5 ft 0 or 5 ft 0 or 5 ft 0 or 5 ft 15 ft 15 ft 10 ft 10 ft Parking Setbacks F4 F4H F5 F5H D1. From Primary Street (min)* D2. From Side Street (min)* D3. From side lot line (min) D4. From rear lot line (min) 50 ft 50 ft 50 ft 50 ft 15 ft 15 ft 15 ft 15 ft 0 or 5 ft 5 ft 0 or 5 ft 0 or 5 ft 5 ft 5 ft 5 ft 5 ft *Parking area must be setback a minimum of 30 ft from the wall of the home on the primary street or a minimum of 5 ft from the wall of the home on the side street. Build-to Zone F4 F4H F5 F5H E1. Primary Street (min/max) E2. Building Width in Build-to (min) C1. /C1. plus 10 ft 80% 80% 90% 90% Height F4 F4H F5 F5H F1. All Buildings (max) 35 ft 35 ft 35 ft 35 ft Pedestrian Access F4 F4H F5 F5H G1. All pedestrian entrances must front onto Primary Street. Frontage Types F4 F4H F5 F5H Porch and Fence, Stoop Use note: Accessory dwelling not permitted in addition to Townhouse Subsection Form Based Code 97

108 G. General Building (F4, F5, F5H) Lot Dimensions F4/F4H* F5 F5H A1. Area (min) 5000 ft 4500 ft 4000 ft A2. Width interior (min) A2. Width corner (min) 50 ft 45 ft 30 ft 55 ft 40 ft 35 ft A3. Depth (min) 100 ft 100 ft 150 ft A4. Building Coverage 60% 75% 60% A5. Impervious Coverage 75% 90% 75% Building Setbacks F4/F4H* F5 F5H B1. From primary street (min) B2. From side street (min) B3. From side lot line (min) B4. From rear lot line (min) 0 ft 0 ft 0 ft 10 ft 5 ft 5 ft 0 or 5 ft 0 or 5 ft 0 or 5 ft 15 ft 10 ft 10 ft Parking Setbacks F4/F4H* F5 F5H C1. From Primary Street (min) C2. From Side Street (min) C3. From side lot line (min) C4. From rear lot line (min) 50 ft 50 ft 50 ft 5 ft 5 ft 5 ft 0 ft 0 ft 0 ft 5 ft 5 ft 5 ft Build-to Zone F4/F4H* F5 F5H D1. Primary Street (min/max) D2. Building Width in Build-to (min) B1. /B1. plus 10 ft 80% 90% 90% Height F4/F4H* F5 F5H E1. Primary Building (max) 45 ft 45 ft 35 ft Transparency F4/F4H* F5 F5H F1. Ground Story (min) 20% 30% 30% F2. Upper Story (min) 15% 20% 20% Pedestrian Access F4/F4H* F5 F5H One pedestrian entrance must front onto Primary Street. Vehicular Access F4/F4H* F5 F5H Vehicular access should be located off of the alley or secondary street. Vehicular access should be discouraged off of the primary street. Frontage Types F4/F4H* F5 F5H Shopfront, Gallery, Arcade, Slip Road Parking *Building type permitted in F4H where not located within the Historic Overlay. 98 Section 2. Zoning Regulations

109 H. Apartment (F4, F5, F5H) Lot Dimensions F4* F5* F5H A1. Area (min) 15,000 ft 10,000 ft 12,000 ft A2. Width (min) 100 ft 100 ft 100 ft A3. Depth (min) 150 ft 100 ft 120 ft A4. Building Coverage A5. Impervious Coverage 65% 75% 60% 75% 85% 75% A6. Green Space 25% 15% 20% Building Setbacks F4* F5* F5H B1. From primary street (min) B2. From side street (min) B3. From side lot line (min) B4. From rear lot line (min) 10 ft 10 ft 10 ft 10 ft 5 ft 5 ft 0 or 5 ft 0 or 5 ft 0 or 5 ft 15 ft 10 ft 10 ft Parking Setbacks F4* F5* F5H C1. From Primary Street (min) C2. From Side Street (min) C3. From side lot line (min) C4. From rear lot line (min) 20 ft 20 ft 20 ft 5 ft 5 ft 5 ft 0 ft 0 ft 0 ft 5 ft 5 ft 5 ft Build-to Zone F4* F5* F5H D1. Primary Street (min/max) D2. Side Street (min/max) D3. Building Width in Build-to (min) B1. /B1. plus 10 ft 10 ft/ 20 ft 5 ft/ 15 ft 80% 90% 90% Height F4* F5* F5H D1. Primary Building (max) 45 ft 45 ft 35 ft Transparency F4* F5* F5H F1. Ground Story (min) F2. Upper Stories (min) 15% 20% 20% 15% 15% 15% Pedestrian Access F4* F5* F5H 5 ft/ 15 ft G1. One pedestrian entrance must front onto Primary Street. Vehicular Access F4* F5* F5H Vehicular access should be located off of the alley or secondary street. Vehicular access should be discouraged off of the primary street. Frontage Types F4* F5* F5H Porch and Fence, Forecourt, Stoop *Apartments require an SUP when located in F4 or F5. Refer to Use note: Accessory dwelling not permitted in addition to Apartment Subsection Form Based Code 99

110 I. Mixed-Use Building (F4, F5, F5H) Lot Dimensions F4/F4H* F5 F5H A1. Area (min) 15,000 ft 10,000 ft 12,000 ft A2. Width (min) 100 ft 100 ft 100 ft A3. Depth (min) 150 ft 125 ft 120 ft A4. Building Coverage A5. Impervious Coverage 65% 80% 60% 85% 90% 75% A6. Green Space 25% 10% 10% Building Setbacks B1. From primary street (min) B2. From side street (min) B3. From side lot line (min) B4. From rear lot line (min) F4/F4H* F5 F5H 0 ft 0 ft 0 ft 5 ft 5 ft 5 ft 0 or 5 ft 0 or 5 ft 0 or 5 ft 15 ft 10 ft 10 ft Parking Setbacks F4/F4H* F5 F5H C1. From Primary Street (min) C2. From Side Street (min) C3. From side lot line (min) C4. From rear lot line (min) 20 ft 20 ft 20 ft 5 ft 5 ft 5 ft 0 ft 0 ft 0 ft 5 ft 5 ft 5 ft Build-to Zone F4/F4H* F5 F5H D1. Primary Street (min/max) D2. Side Street (min/max) D3. Building Width in Build-to (min) 0 ft/ 10 ft 0 ft/ 10 ft 0 ft/ 10 ft 5 ft/ 15 ft 5 ft/ 15 ft 5 ft/ 15 ft 80% 90% 90% Height F4/F4H* F5 F5H E1. Primary Building (max) 45 ft 45 ft 35 ft Transparency F4/F4H* F5 F5H F1. Ground Story (min) F2. Upper Stories (min) Ground Floor Retail % of ground floor retail use (min) 50% 50% 50% 15% 15% 15% F4/F4H* F5 F5H 30% 50% 50% Pedestrian Access F4/F4H* F5 F5H One pedestrian entrance must front onto Primary Street. Vehicular Access F4/F4H* F5 F5H Vehicular access should be located off of the alley or secondary street. Vehicular access should be discouraged off of the primary street. Frontage Types F4/F4H* F5 F5H Shopfront, Gallery, Arcade, Slip Road Parking *Building type permitted in F4H where not located within the Historic Overlay. 100 Section 2. Zoning Regulations

111 Subsection Zoning Development Regulations Landscaping A. Nonresidential Landscaping Requirements Landscaping shall be required according to the following sections for all nonresidential uses. See E.6 Noncompliance with Landscaping Requirements for nonconforming properties. Table 13. Nonresidential Landscaping Requirements Section Number Section Title A.1 Landscaping Along Perimeter A.2 Internal Landscaping Figure 15. Location of Perimeter Landscaping versus Internal Landscaping Subsection Zoning Development Regulations 101

112 1. Landscaping Along Perimeter All nonresidential uses shall comply with the following streetscape requirements: Perimeter Landscaping Perimeter Landscaping shall be provided adjacent to all streets. i. The Perimeter Landscaping shall be the following minimum widths, exclusive of street Right-of-Way. (a) Adjacent to Interstate 35, Main Street east of the westernmost boundary of Bradfield Park, and Cabela s Drive: Fifteen (15) feet (b) Adjacent to Arterial Street: Ten (10) feet (c) Adjacent to Collector Street: Five (5) feet (d) Adjacent to Local Street: Five (5) feet ii. Plantings within the Perimeter Landscaping shall be determined by the following: (a) Along all Freeways, Parkway Streets, Arterial Streets, and Collector Streets at least one (1) Shade Tree for every forty (40) feet of frontage shall be installed. One existing tree may be substituted for each new tree provided the existing tree is in good health and form. New trees must be planted within five (5) feet of the front lot line along the street and in line with other trees but not in conflict with utilities. The Director of Planning may permit additional minor setbacks or other adjustments to the planting strip to accommodate future right-of-way expansions, sidewalks, and utility lines. (b) Complete coverage of natural landscape materials shall be provided with Shrubs, Groundcover, Ornamental Grasses with a Rock/Crushed Rock Landscape Base, or Ornamental Grasses with a Mulch Base. The use of Turf Grass as a landscape material is prohibited in fulfilling the requirements of this subsection. iii. See D.6 for required landscape buffering adjacent to single family uses or districts. Shrub Buffer Where parking lots, drives, and access easements abut the Perimeter Landscaping, Shrubs (5 gallon minimum) shall be planted to form a contiguous buffer along the common boundary line. Figure 16. Example of a Shrub Buffer i. Shrubs shall be planted in planting beds with a Rock/Crushed Rock Landscape Base or Mulch Base. ii. A berm may be placed within the Perimeter Landscaping in lieu of the required Shrubs unless needed for a headlight screen. See Residential Adjacency for possible additional landscaping requirements. (a) The berm must be 18 to 40 inches above the average grade of the street and parking lot curbs. (b) The slope of the berm shall not exceed a thirty-three (33) percent grade. 102 Section 2. Zoning Regulations

113 iii. If the parking lot is located fifty (50) feet or more from the street Right-of-Way line, no Shrubs or berms will be required unless needed for a headlight screen. See Residential Adjacency for possible additional landscaping requirements. The Director of Planning may reduce the width (but not contents) of the required Perimeter Landscaping during Site Plan review when the reduction is required for a Public Improvement Right-of-Way acquisition. 2. Internal Landscaping Internal Landscaping refers to all areas within the paved boundaries of the parking lot. Figure 17. Example of Internal Landscaping Any nonresidential parking area that contains more than ten (10) parking spaces shall provide Internal Landscaping in addition to the required Perimeter Landscaping. Only landscaped areas within the parking lot shall be used to meet the Internal Landscaping requirement. Plantings within the Internal Landscaping shall be determined by the following: i. Ten (10) square feet of Internal Landscaping for each parking space or fraction thereof. ii. One (1) Shade Tree or two (2) Ornamental Trees for every fifteen (15) parking spaces or fraction thereof. iii. All parking spaces must be within eighty (80) feet of a Shade Tree. iv. Complete coverage of natural landscape materials, such Groundcover, or Ornamental Grasses with a Rock/Crushed Rock Landscape Base or Mulch Base. The use of Turf Grass as a landscape material is prohibited in fulfilling the requirements of this subsection. 3. Stormwater Drainage All landscaped areas shall be protected by a raised six (6) inch concrete curb with openings to allow for the drainage of stormwater into the landscaped areas. Figure 18. Example of a Concrete Curb with Drainage Opening 4. Redevelopment Sites For existing sites undergoing redevelopment, see E.6 for applicability and requirements. Subsection Zoning Development Regulations 103

114 B. Residential Landscaping Requirements Landscaping shall be required according to the following sections for all residential uses. Table 14. Residential Landscaping Requirements Section Number Section Title B.1 Multi-Family Landscaping Requirements: Perimeter Landscaping Shrub Buffer Internal Landscaping B.2 Landscaping Requirements for Single Family Developments Figure 19. Location of Perimeter Landscaping versus Internal Landscaping 104 Section 2. Zoning Regulations

115 1. Multi-Family Landscaping Requirements Perimeter Landscaping Perimeter Landscaping shall be provided adjacent to all streets with a minimum width of ten (10) feet, exclusive of street Right-of-Way. i. Plantings within the Perimeter Landscaping shall be determined by the following: (a) Along all Freeways, Parkway Streets, Arterial Streets, and Collector Streets at least one (1) Shade Tree for every forty feet (40) of frontage shall be installed. One existing tree may be substituted for each new tree provided the existing tree is in good health and form. New trees must be planted within five (5) feet of the front lot line along the street and in line with other trees but not in conflict with utilities. The Director of Planning may permit additional minor setbacks or other adjustments to the planting strip to accommodate future right-of-way expansions, sidewalks, and utility lines. (b) Complete coverage of natural landscape materials shall be provided with Shrubs, Groundcover, Ornamental Grasses with a Rock/Crushed Rock Landscape Base, or Ornamental Grasses with a Mulch Base. The use of Turf Grass as a landscape material is prohibited in fulfilling the requirements of this subsection. ii. The Director of Planning may reduce the width of the required Perimeter Landscaping during Site Plan review when the reduction is required for a Public Improvement Right-of- Way acquisition. iii. See D.6 for required landscape buffering adjacent to single family uses or districts. Shrub Buffer Where parking lots and drives abut the Perimeter Landscaping, Shrubs (5 gallon minimum) shall be planted to form a contiguous buffer along the common boundary line. i. Shrubs shall be planted in planting beds. ii. A berm may be placed within the Perimeter Landscaping in lieu of the required Shrubs unless needed for a headlight screen. (a) The berm must be 18 to 40 inches above the average grade of the street and parking lot curbs. (b) The slope of berm shall not exceed a 33 percent grade. iii. If the parking lot is located fifty (50) feet or more from the street Right-of-Way line, no Shrubs or berms will be required unless needed for a headlight screen. Internal Landscaping i. Internal Landscaping is required within parking areas in addition to the required Perimeter Landscaping. ii. Plantings within the Internal Landscaping shall be determined by the following: (a) Twenty (20) square feet of internal landscaping for each parking space. (b) One (1) Shade Tree or two (2) Ornamental Trees per ten (10) parking spaces. (c) All parking spaces must be within eighty (80) feet of a Shade Tree. (d) Complete covering of natural landscape materials, such Groundcover or Ornamental Grasses with a Rock/Crushed Rock Landscape Base or Mulch Base. The use of Turf Grass as a landscape material is prohibited in fulfilling the requirements of this subsection. Subsection Zoning Development Regulations 105

116 Multiple Building Landscaping Requirements If more than one Dwelling, Multi-Family (Apartment) building is placed upon a single lot, the following areas shall be landscaped: i. A twenty (20) foot strip along the front or rear of the buildings as measured from the foundation. ii. A ten (10) foot strip along all other sides of the buildings as measured from the foundation. iii. Landscaping strip may consist of Shrubs, Groundcover, Ornamental Grasses with a Rock/Crushed Rock Landscape Base or Mulch Base, or Turf Grass. iv. Areas for driveways shall be exempt from this requirement. Stormwater Drainage i. All landscaped areas shall be protected by a raised six (6) inch concrete curb with openings to allow for the drainage of stormwater into the landscaped areas. ii. Pavement shall not be placed closer than five (5) feet from the trunk of a tree unless a Cityapproved root barrier is utilized. Redevelopment Sites For existing sites undergoing redevelopment, see E.6 for applicability and requirements. 2. Landscaping Requirements for Single Family Developments At least two (2) Shade Trees or Ornamental Trees shall be provided in residential subdivisions for each lot, which may be achieved by existing trees consistent with the approved plant list. All required trees must be planted and yard completely revegetated to prevent erosion and sedimentation prior to request for final building inspection of the dwelling unit. Single family lots created prior to the effective date of this ordinance shall be exempt from this requirement. C. Approved Plant Materials 1. The Director of Planning shall be responsible for maintaining a list of approved plant materials. All required plants must be selected from the list. 2. If more than five (5) trees are required, at least two (2) types of tree species shall be incorporated. 3. The Director of Planning is authorized to limit species and placement to protect aboveground and underground infrastructure. D. Additional Requirements 1. This subsection D shall not apply to individual single family lots for single family structures. 2. All plant material shall be maintained in a healthy and growing condition, and must be replaced with plant material of similar variety and size if damaged, destroyed, or removed. 3. Landscaped areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the landscaping. 4. An automatic irrigation system with rain and freeze sensors is required for all landscaping. Exemption 106 Section 2. Zoning Regulations

117 The Director of Planning may waive the automatic irrigation system requirement for portions of or the entire landscaped area, subject to a supplemental watering plan prepared by a registered Landscape Architect verifying that an irrigation system is not needed to support survival of the landscape materials. 5. Any Developer desiring to install and maintain landscaping materials and irrigation facilities within the City Right-of-Way must first receive written approval from the Director of Planning. 6. Replacement of dead landscaping shall occur prior to the issuance of a Certificate of Occupancy. 7. A landscape plan prepared by a Landscape Architect is required for all applicable developments. E. Alternative Compliance Option A request for the following Alternative Compliance options may be submitted and acted upon in accordance with Alternative Compliance: 1. Minor Reductions of the Perimeter Landscaping and Buffers Minor changes to the width of the required Perimeter Landscaping and buffers, which are considered to be up to fifty (50) percent of the required width, may be requested if along a street frontage where the adjacent properties on both sides (at side property lines) have a smaller or no landscape buffer strip, in order to maintain consistency between existing parking lot and drive aisle alignments. If an alternative Perimeter Landscaping or buffer is granted, an equal amount of landscaped area and trees shall be provided elsewhere on the site as may be deemed appropriate by the decision-maker. 2. Grouping of All Required Landscaping within One or Two Areas In order to provide flexibility in site design, an Applicant may request Alternative Compliance to group all required landscaping (e.g., the landscape buffer and parking lot landscaping) into one or two areas. In order to offset the movement of landscaping from its original required location, an additional twenty-five (25) percent of the total landscaped area will be required. For example, if 1,000 square feet of total landscaping was required, then 1,250 square feet would be required to meet the grouping option. In addition to the twenty-five (25) percent increase in total landscape area, the grouped landscaping shall be located either in the front yard or area visible from the street. Subsection Zoning Development Regulations 107

118 Fencing and Screening A. General 1. Purpose The purpose of this section is to provide standards for screening in order to mitigate the effects of potential nuisances such as dirt, litter, noise, heat, and glare of lights, and to protect public and private investment. It is also the intent of this section to provide for the safe construction and maintenance of walls and fences constructed in the City. 2. Applicability These regulations shall be applicable to all new construction, where fifty (50) percent or more of an existing screening, fence, or wall requires replacement, or any time that a higher intensity use is required to screen adjacent to a lower intensity use. 3. Enforcement The Director of Planning shall administer and enforce the provisions of this article relating to screening and fencing. 4. Sight Visibility See Subsection Sight Visibility Triangle. B. Screening and Fencing of Nonresidential, Mixed Use, Multi-Family, and Manufactured Home Parks 1. Placement of Fences Opaque fences shall be prohibited between the front building face and the Right-of-Way. 2. Screening of Neighboring Development with a Masonry Screening Wall In the event that any non-single family use sides or backs to an existing single family home (i.e., detached home, duplex, or townhome) or a Estate Residential (R-1) District, Suburban Residential (R-2) District, or One & Two Family Residential (R-3) District, a solid masonry screening wall of not less than six (6) feet nor more than eight (8) feet in height shall be erected on the property line separating these districts. The purpose of the screening wall or fence is to provide a visual and protective barrier between the properties. i. The owner of the higher intensity property shall be responsible for building and maintaining the required wall on the property line dividing the property from the lower intensity district. Materials i. Any screening wall or fence required under the provisions of this section, under a Specific Use Permit, Planned Development (PD) District, or other requirement shall be constructed of 100 percent opaque masonry or precast concrete designed to resemble wood, stucco, stone, or brick fencing (excluding CMU). Wood fences are expressly prohibited. ii. Nonresidential fences that are not required by ordinance but that are visible from public Right-of-Way shall be constructed of masonry, reinforced concrete, wrought iron or simulated wrought iron, or vinyl material that simulates wood or masonry. Wood fences are expressly prohibited. iii. All required screening walls shall be equally finished on both sides of the wall. iv. Where such openings are necessary, all wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence. 108 Section 2. Zoning Regulations

119 3. Screening of Mechanical Equipment All nonresidential uses in any zoning district shall screen all mechanical, heating and air conditioning equipment from public view or adjacent residential property. Public view is considered any area that can be seen from a public street or adjacent residential properties at six (6) feet above grade at the property line. Figure 20. Example of a Screening Parapet 4. Nonresidential Barbed Wire Fences Prohibited Barbed wire, razor wire, and concertina wire fences are prohibited in the City for nonresidential purposes. Exception Barbed wire strands may be placed on top of permitted fences and screening around public utilities facilities (such as substations and transformer stations) or as part of security devices for the restrain of persons being detained by the City or other governmental law enforcement agency for criminal violations. C. Screening of Outdoor Waste Storage for All Nonresidential, Mixed Use, Multi-Family, and Manufactured Home Park Properties 1. General Waste storage areas (refuse containers, etc.) shall be constructed, located and screened to prevent interference with the peace, comfort, and repose of the occupants of any adjoining building or residence. The location, construction, and screening of all waste storage areas shall be shown on the design drawings. 2. Incidental Use Requirement and Location Standards Refuse containers, trash dumpsters/containers, trash compactors, box compactors, and other similar containers which are used for waste disposal purposes shall: Only be allowed as an incidental use, and Only be allowed when located behind the building line established by the structure and not within any side or rear yard setback or any required landscaped area. Subsection Zoning Development Regulations 109

120 3. Setbacks Refuse containers, trash dumpsters/containers, trash compactors, box compactors, and other similar containers shall be setback from all residential uses a minimum of twenty-five (25) feet. 4. Screening Required Refuse containers, trash dumpsters/containers, trash compactors, box compactors, and other similar containers shall be enclosed on all four sides with a three-sided masonry screening wall and a metal gate on the fourth side that shall be constructed to a minimum height of one (1) foot above the container height, but shall not exceed eight (8) feet in height. D. Electric Fences The container shall be screened by the masonry wall and a metal gate capable of screening the area and shall remain closed at all times except when filling or emptying the container. The screening wall shall be similar to or extensions of the development s architectural design. 1. An electric fence is allowed in the Agricultural zoning district, with proof submitted to the electrical inspector that the fence will be designed to retain animals, be inaccessible to the general public and not pose a hazard to life. 2. An electric fence is allowed in association with a permitted nonresidential outdoor storage area in the Agricultural (AG) District, Interstate-35 Business (B-3) District, Light Industrial (LI) District, and Heavy Industrial (HI) District subject to the following standards. Unless otherwise specified in this Section, electric fences must be installed in conformance with the specifications set forth in the City's electrical code and the International Electroctechnical Commission Standard No In addition, the electric fence controller must meet the requirements of Underwriters Laboratories Standard UL69, Electric-Fence Controller, and labeled as such. The electric fence controller and emergency entry key safe for the electric fence must be located in a single accessible location for the entire fence. The electric fence must be surrounded by a non-electrical fence or wall six (6) to eight (8) feet in height. The electric fence must be installed a minimum of one (1) foot from the surrounding nonelectric fence or wall, except along the gate. Along the gate, the electric fence must be installed a minimum of three (3) inches from the surrounding non-electric fence or wall. The electric fence must be clearly identified with warning signs at intervals of not less than sixty (60) feet. The electric fence must only be energized during hours when the public does not have legal access to the protected property. E. Fences in Residential Areas 1. Permit Required A fence permit must be obtained from the Director of Planning for fences along the lot line perimeter in the following cases: Any new fence (excluding replacement fencing); or Relocation of an existing fence. 110 Section 2. Zoning Regulations

121 2. Fences Required for Subdivisions backing to Major Roadways A solid masonry fence is required when a subdivision backs to a Collector Street or larger thoroughfare. 3. Height and Location 4. Materials Any fence or wall located to the rear of the minimum required front yard line shall not exceed six (6) feet in height. Except as provided by i below, no fence or wall shall be permitted in front of any single family or duplex structure. i. Decorative fences with openings not less than fifty (50) percent of the fence area and not exceeding forty-two (42) inches in height are permitted in front yards. Chain link, woven wire mesh or similar materials are not considered decorative fencing. No fence shall be erected in any required side yard that is adjacent to a public street. Any residential perimeter fence shall be constructed of masonry, wrought iron, Cedar wood, precast concrete designed to resemble wood, stucco, stone, or brick fencing (excluding CMU), or vinyl materials that produce a similar appearance. Chain link fencing is only allowed for residential properties for side and rear fences not facing a public street. 5. Vehicular Access Gates Gates designed for vehicular access shall be set back from the property line a minimum of fifty (50) feet. 6. Residential Chain Link, Barbed Wire, and Electrical Fences Prohibited Chain link fencing shall be prohibited for perimeter fences in residential areas. i. This requirement does not include any fence necessary for an agricultural use or interior fence that is not visible from outside the perimeter fence. ii. Chain link fencing is allowed for residential properties for side and rear fences not facing a public street. Barbed wire or electrical fencing shall be prohibited in residential areas, except as used for farm or ranching purposes on lots over one (1) acre in size or as noted in D above. Note that this does not include invisible fences for pets. 7. Special Fences Special fencing, such as fencing around tennis courts, is permitted. Fences around swimming pools shall comply with the City s building code. 8. Proximity to Accessways and Driveways Screening or fencing shall not be located closer than three (3) feet from the edge of any accessway pavement or driveway. Subsection Zoning Development Regulations 111

122 Off-Street Parking A. Applicability 1. Except as hereinafter provided, no building or structure or part thereof shall be erected, altered, or converted for any permitted use unless vehicle parking is provided according to the following standards. 2. Vehicle parking shall be provided on the lot or tract, on an immediately contiguous lot or tract, or as part of a shared parking agreement. B. General Requirements 1. Number of Spaces The minimum number of spaces shall be as indicated in Use Chart. The total parking requirement shall be the sum of the specific parking space requirements for each use classification included in the building or development. Floor Area of parking garages shall be excluded in computing the parking requirements of any use. Adjacent on-street parking spaces (along the lot line or within the development) shall count toward the minimum parking requirements in the form districts. When 50 to 99 parking spaces are required, at least one (1) electric vehicle parking space shall be provided. When 100 or more parking spaces are required, at least two (2) electric vehicle parking spaces shall be provided. 2. Parking Areas and Driveways Maintenance All parking areas and driveways shall be maintained to the City s specifications. Nonresidential Parking Areas and Driveways Unless otherwise noted, all parking areas and driveways for nonresidential uses shall be curbed and paved with asphalt or concrete unless otherwise approved. Residential Parking Areas and Driveways i. Unless otherwise noted, parking areas and driveways for residential uses shall be of a paved or finished permeable surface (i.e., no gravel, grass, or dirt). ii. Single family residential lots greater than one (1) acre are exempt from this requirement, however a paved driveway apron must be provided within the Right-of-Way. 112 Section 2. Zoning Regulations iii. Parking for multiple family dwellings (Dwelling, Multi-Family (3-Plex/4-Plex) and Dwelling, Multi-Family (Apartment)) is prohibited between the front façade and a public street or public access easement. 3. Parking Space Dimension All parking spaces must be at least nine (9) feet wide by eighteen (18) feet deep. C. Shared Parking Calculation 1. The intent of this provision is to maintain the number of spaces needed to support use while considering that many uses have differing parking peak times. Shared parking allows uses with varying peak times to share parking spaces, thereby encouraging more compact development and reducing stormwater runoff and the urban heat island effect.

123 2. The Director of Planning may approve a request for shared parking facilities if the following findings are made: The shared spaces to be provided will be available as long as the uses requiring the spaces are in operation; The peak hours of parking demand from all uses do not coincide so that peak demand is greater than the parking provided, as determined by the City s shared parking calculator formulas; A written agreement between the property owner(s) and the City, in a form satisfactory to the City Attorney that includes: i. A guarantee among the property owner(s) for access to and use of the shared parking facilities; ii. A provision that the City may require parking facilities in addition to those originally approved upon finding by the Director of Planning that adequate parking has not been provided; and iii. A provision stating that the Director of Planning may, for due cause and upon notice and hearing, unilaterally modify, amend, or terminate the shared parking agreement at any time. 3. Applicants for shared parking must submit a description of the uses, hours of operation, parking requirements, allocation of parking spaces, hours of peak parking demand, and an explanation to show that required parking will be available during the hours of operation shown for each use. 4. Applicants may be required to submit survey data substantiating a request for reduced parking requirements. 5. Shared Parking Modifications If the development is located entirely on a single lot, the development is eligible for a reduction up to twenty (20) percent in the required parking. If the development is located across more than one (1) lot but is a cohesive development (e.g., a shopping center), the development is eligible for a reduction of up to twenty (20) percent in the required parking, however a fee-in-lieu shall be required for the reduced parking. 6. Any future changes to the uses must be reviewed to assess the parking supply. If the new use would require less parking, then no technical review is necessary. If the new use would require more parking, a parking study shall be required. If the parking study determines that the current amount of parking is insufficient, the proposed use must provide the additional parking or contribute a fee-in-lieu. D. Parking Requirements for New or Unlisted Use Where questions arise concerning the minimum off-street parking requirements for any use not specifically listed, the requirements may be determined by the Director of Planning as those of a similar use. E. Circulation and Parking Requirements for all Nonresidential Developments 1. Applicability The regulations provided in this section shall apply to all nonresidential development. 2. Wheel Stops or Bollards Subsection Zoning Development Regulations 113

124 If curbs are not provided, then parking spaces that face and are adjacent to a building or required landscaped area shall utilize wheel stops or bollards, within twelve (12) inches from the end of the space. 3. Area Layout Parking lots shall be laid out to continue the street/block pattern of the area so that the lots can easily be redeveloped with buildings consistent with the design of the surrounding development. No more than fifty (50) percent of parking may be located between the front façade and a public street unless outlots are present. 4. Parking Sub-Lots Large surface parking lots shall be visually and functionally segmented into several smaller sublots by landscaped areas. Each sub-lot shall contain a maximum of fifty (50) parking spaces. i. An additional fifty (50) parking spaces are allowed for each five (5) percent of interior landscaping provided above the minimum, up to two hundred (200) spaces. For every parking area, a landscaped median/divider at least fifteen (15) feet wide shall be installed to help break up sub-lots of large parking fields. These medians shall contain pedestrian walkways to offer safe, marked routes between parking spaces and building entries. 5. Pedestrian Circulation 6. Fire Lanes Circulation patterns must be as simple as possible. All likely pedestrian routes must be considered in the design phase of a development to prevent shortcuts through parking and landscape areas. An internal pedestrian walkway, ADA accessible, at least six (6) feet wide must be provided from the perimeter public sidewalk to the primary public entrance. Internal pedestrian walkways must be distinguished from driving surfaces by textured pavement or painted pavement and lighting. In addition to I below, aisles must meet fire lane requirements where applicable. 114 Section 2. Zoning Regulations

125 F. Stacking Requirements 1. Purpose Stacking spaces provide the ability for vehicles to queue on-site prior to receiving a service. 2. Stacking Space Size and Location A stacking space shall be a minimum of ten (10) feet in width and twenty (20) feet in length and shall not be located within or interfere with any other circulation driveway, parking space, fire lane, or maneuvering area. 3. Number of Required Queuing Spaces (All Districts) In all Districts, at the time any building or structure is erected or altered, queuing spaces shall be provided in the number and manner set forth in the following list of property uses. Table 15. Minimum Required Queuing Spaces Use Bank or Financial Institution (with a Drive-Thru) Automobile Service Garage (Minor) Car Wash, Full Service Car Wash, Self Service Car Wash, Self Service (Drying Areas and Vacuum Islands) Child Care Facility (Daycare) and Similar Child Training and Care Establishments Restaurant or Cafeteria, with Curb or Drive-Thru Service Any Other Retail or Service Use with a Drive-Thru Window School, Private or Public Queuing Spaces Four (4) stacking spaces per window or service lane Three (3) stacking spaces per bay Five (5) stacking spaces per bay Two (2) stacking spaces per bay Two (2) stacking spaces per drying area or vacuum island One (1) stacking space per twenty (20) students provided on a through circular drive. Five (5) stacking spaces for first window, order board, or other stopping point. One (1) additional stacking space shall be provided after the final window, order board, or stopping point to allow vehicles to pull clear of the transaction area prior to entering an intersecting on-site driveway or maneuvering aisle. Three (3) stacking spaces for first service window. One (1) additional stacking space shall be provided after the final window, order board, or stopping point to allow vehicles to pull clear of the transaction area prior to entering an intersecting on-site driveway or maneuvering aisle. The number of stacking spaces shall be determined during Site Plan review. Subsection Zoning Development Regulations 115

126 G. Bicycle Parking 1. Off-street parking and facilities for bicycles shall be provided for each land use as follows: Table 16. Bike Parking Requirements Use Minimum Number of Bike Parking Spaces Residential (1-4 units) 0 Residential (5+ units) 2, plus 1 per 10 living units Retail 2, plus 1 per 5,000 sqft, maximum 7 Office 2, plus 1 per 5,000 sqft, maximum 7 Park 2, plus 1 per acre of land, maximum 15 Public (other than a park) 2, plus 1 per 5,000 sqft, maximum 7 Industrial 2, plus 1 per 10,000 sqft, maximum 7 Agriculture/Open Space 0 2. Bicycle parking facilities shall be racks or lockers anchored to prevent movement or theft. Each space designated for bicycle parking shall be designed to accommodate at least the minimum number of bicycles identified by Table 16. Bicycle parking facilities shall, at minimum, be a bike rack with the ability for a user to lock one wheel and the frame to the rack, with the user providing the lock and chain. Figure 21. Example of a Bike Rack 3. Access to the use being served by the parking facility shall be at least as convenient for users of bicycle parking as the most convenient automobile parking and as close as possible to the desired entrances without interfering with pedestrian or vehicular traffic. H. Alternative Compliance Option A request for the following Alternative Compliance options may be submitted and acted upon in accordance with Alternative Compliance: 1. Allow more than ten (10) percent more parking spaces if the additional spaces are of a permeable material as determined by the Director of Planning. 2. Reduction in the number of required parking spaces by up to thirty (30) percent if the use is served by public parking or sufficient bicycle/pedestrian access. 3. Reduction in the number of required parking spaces according to a Best Practices Parking Ratio. An Applicant shall fully cite the sources used to derive the Applicant-submitted parking ratio, possible resources include parking standards materials from the Institute of Transportation Engineers (ITE) or the American Planning Association (APA). The Director of Planning shall review the Applicant-submitted parking ratio to make a recommendation regarding best planning practices for a use. 116 Section 2. Zoning Regulations

127 I. Parking Space Design Details Each standard off-street surface parking space size shall be in accordance with the design standards as shown on the following illustrations for space size and design. Note that all drive aisles must meet the City s Fire Code requirements. Figure Degree Layout with One-Way Traffic Figure Degree Layout with Two-Way Traffic Subsection Zoning Development Regulations 117

128 Figure Degree Layout with One-Way Traffic Figure Degree Layout with Two-Way Traffic 118 Section 2. Zoning Regulations

129 Figure Degree Layout with One-Way Traffic Figure Degree Layout with Two-Way Traffic Subsection Zoning Development Regulations 119

130 Figure Degree Layout 120 Section 2. Zoning Regulations

131 Accessory Structures A. All Accessory Structures 1. Accessory Structures are prohibited within easements. Figure 29. Example of Accessory Structure 2. In no case shall an Accessory Structure exceed the height of the main structure. 3. Accessory Structures two hundred (200) square feet and larger must comply with the exterior building material and related design requirements for a main structure, except in the Agricultural (AG) District. B. Residential Accessory Structures The following regulations apply to Accessory Structures servicing lots zoned or used for residential uses. 1. No more than one (1) Accessory Structure for the purpose of a living quarters shall be permitted on a lot. 2. Multi-family Accessory Structures used to store equipment or provide a service function shall not be occupied as a dwelling. 3. The dimensional regulations in Table 17 shall apply to all residential Accessory Structures. Table 17. Residential Accessory Structure Requirements Lots up to 7,500 sq ft Lots up to 1 acre Lots over 1 acre Maximum Number of Accessory Structures Maximum Floor Area of All Accessory Structures Combined sq ft 1,000 sq ft 50% of the ground floor area of the main structure Maximum Height N/A Minimum Front Setback Behind the front façade of the main building Behind the front façade of the main building Behind the front façade of the main building Minimum Side and Rear Setback 10 if height does not exceed 20 ; otherwise same standards as main building 10 if height does not exceed 20 ; otherwise same standards as main building 10 if height does not exceed 20 ; otherwise same standards as main building Subsection Zoning Development Regulations 121

132 C. Nonresidential Accessory Structures The dimensional regulations in Table 18 shall apply to all Accessory Structures servicing lots zoned or used for nonresidential uses. Table 18. Nonresidential Accessory Structure Requirements Maximum Number of Accessory Structures All Nonresidential Lots 3 Maximum Floor Area of All Accessory Structures Combined Maximum Height Minimum Front Setback Minimum Side and Rear Setback 50% of the ground floor area of the main structure Equal to or less than the main building Behind the front façade of the main building Same standards as the main building 122 Section 2. Zoning Regulations

133 Building Materials A. Exterior Material Requirements for all Single Family Units 1. Applicability This section applies to all single family (attached and detached) units. Area used for doors and windows shall be excluded from calculations. 2. Residential Material Standards The exterior façades of a main building or structure shall be constructed of at least seventy-five (75) percent Class 1: Masonry Construction materials and the remainder composed of Class 2: Masonry Construction materials unless otherwise specified in this UDC. All exterior façades visible from the public Right-of-Way must be of consistent materials. An exemption is granted to exterior materials when the existing percentage of Class 1: Masonry Construction or Class 2: Masonry Construction materials is less than the requirement of a above. B. Exterior Material Requirements for all Multi-Family Units 1. Applicability This section applies to all multi-family units. Area used for doors and windows shall be excluded from calculations. 2. Residential Material Standards The exterior façades of a main building or structure shall be constructed of one hundred (100) percent Class 1: Masonry Construction materials on the first and second floors and fifty (50) percent on all other floors. C. Exterior Material Requirements for Nonresidential Zoning Districts and Uses 1. Applicability This section applies to all nonresidential buildings. Area used for doors and windows shall be excluded from calculations. 2. Nonresidential Material Standards Exterior façades of a main building or structure shall consist of one hundred (100) percent Class 1: Masonry Construction. i. Exception for Industrial Districts (a) Within the Light Industrial (LI) District or Heavy Industrial (HI) District, only the exterior façades of a main building or structure adjacent to a public street must consist of one hundred (100) percent Class 1: Masonry Construction. (b) This exemption does not apply when the property is adjacent to a residential zoning district. ii. Exception for facades not visible from public streets or single family residential properties: The non-visible wall(s) of the building may be constructed of Class 2: Masonry Construction or Class 3: Masonry Construction materials, provided that: (a) It is of the same color as the other facades, and (b) A double row of trees on offset fifty (50) foot centers is planted in a fifteen (15) foot Perimeter Landscaping, where fifty (50) percent of the trees are Shade Trees. Subsection Zoning Development Regulations 123

134 3. Maximum Material Coverage No single building material shall cover more than eighty (80) percent of the front of any building, with the exception of on-site utility or service structures. 4. Windows Clear glass shall be used for commercial storefront display windows and doors. Windows shall be individually defined with detail elements such as frames, sills, and lintels, and placed to visually define the building stories. D. Development in the Historic Overlay (O-H) District The Historic Preservation Commission may waive the requirements of this Building Materials for properties within the Historic Overlay (O-H) District. E. Alternative Compliance Option A request for the following Alternative Compliance options may be submitted and acted upon in accordance with Alternative Compliance: 1. Alternative Materials For nonresidential and multi-family buildings, the following alternative materials or percentages may be approved: A reduction of the required masonry percentage by a maximum of twenty-five (25) percent when a unique and attractive architectural design is used. 2. Original Building Materials For existing nonresidential buildings undergoing expansion, the use of materials used on the original building provided it is an integral part of the character of the building. 124 Section 2. Zoning Regulations

135 Residential Adjacency A. Purpose The intent of this section is to preserve and protect the integrity of single family residential neighborhoods, to protect the quiet enjoyment of single family residential properties, and to maintain property values. B. Applicability 1. The following residential adjacency standards shall apply to all non-single family residential buildings or uses that lie within four hundred (400) feet of properties used for single family residences in the Estate Residential (R-1) District, Suburban Residential (R-2) District, or One & Two Family Residential (R-3) District. 2. For purposes of the section, the four hundred (400) foot distance shall be measured from the nonsingle family residential building or use to the property line of the single family residence. C. Land Uses Requiring a Specific Use Permit 1. The following uses require a Specific Use Permit when located within the Arterial Business (B-2) District and within four hundred (400) feet of residential uses, in addition to the regulations of Use Chart: Automobile Parts Store Automobile Service Garage (Major) Automobile Service Garage (Minor) Car Wash, Full Service Car Wash, Self Service Feed Store Gasoline Filling or Service Station/Car Wash Grocery, Supermarket Shooting Range, Indoor 2. In the event of a conflict between this section and Use Chart, the more strict application shall apply. D. Development Regulations 1. Roof Design Standards To screen rooftop mechanical equipment, other appurtenances, and flat or built-up roofs, all structures having a footprint of 6,000 square feet or less shall be constructed with a pitched roof. Those structures having a footprint greater than 6,000 square feet shall be constructed with either a pitched, parapet, or mansard roof system (enclosed on all sides). Standing seam metal roofs shall be constructed of a factory-treated, non-metallic, nonreflective matte finish. Metal roofs with lapped seamed construction, bituminous built-up roofs, and flat, membranetype roofs that are visible are not permitted. Subsection Zoning Development Regulations 125

136 2. Loading and Service Areas Loading and service areas shall be located at the side or rear of buildings. Where visible from the property line, a solid masonry screening wall at least ten (10) feet in height shall be required to screen views of loading docks and loading spaces intended for tractor/semi-trailer delivery. This wall must screen the entire loading dock or space. Screening materials shall utilize similar masonry materials to the building s facades. The accommodation of adequate access for service delivery trucks may be evaluated to determine the extent of screening required. 3. Building Setbacks and Height A non-single family structure shall not be built within forty (40) feet of a single family residential property line. Structures set back at least forty (40) feet from the property line may be up to twenty (20) feet in height, or up to a line having a slope of 1:4 from the single family residential property line, whichever is greater (see Figure 30). Figure 30. Residential Slope Analysis 4. Screening See B. Screening and Fencing of Nonresidential, Mixed Use, Multi-Family, and Manufactured Home Parks. 5. Lighting 6. Landscaping Mounting height of light fixtures shall not exceed fourteen (14) feet within fifty (50) feet of properties used for single family residences. See Lighting for other regulations related to lighting. For buildings less than twenty-four (24) feet in height, a row of Shade Trees shall be planted on thirty (30) foot centers along the property line adjacent to the single family use or district. For buildings twenty-four (24) feet in height or greater, two (2) alternating rows of Shade Trees shall be planted on thirty (30) foot centers adjacent to the single family use or district. 126 Section 2. Zoning Regulations

137 7. Refuse Receptacles No trash receptacles or recycling receptacles shall be located within fifty (50) feet of properties used for single family residences, unless there is no other feasible location and the Director of Planning determines the placement will not have a significant effect on the nearby residential properties. Figure 31. Example of Refuse Receptacle Screening Trash and recycling receptacles shall be four sided with a metal gate and shall be located to the side or rear of the principal building. Trash and recycling receptacles shall be screened by a solid masonry screen at least eight (8) feet in height and shall utilize similar masonry materials to the building s facades. Refer to E for refuse receptacle standards within Form Districts Subsection Zoning Development Regulations 127

138 Innovative Residential Development A. This use classification corresponds to Innovative Residential Development as provided in Conditional Standards. These developments are intended primarily to embody the objectives of the Comprehensive Plan. Any proposed development with this use designation must utilize one or more of the following design principles: 1. Clustering; 2. Pocket Neighborhoods; 3. Low Impact Design; 4. Traditional Neighborhood Design; or 5. Another innovative design that results in a unique neighborhood with desirable characteristics consistent with the vision of the Comprehensive Plan, as determined by the Planning and Zoning Commission during the Sketch Plan phase outlined below. B. To qualify as an Innovative Residential Development, the design principle must be applied throughout the development. (e.g., if a Pocket Neighborhood is included within a larger traditional subdivision, then the Pocket Neighborhood standards apply only to the Pocket Neighborhood area, not the larger subdivision.) C. All housing types must comply with Use Chart. D. Approval Process 1. Sketch Plan 2. Site Plan The Applicant shall submit a Sketch Plan, which includes a statement of project intent, a location map indicating the project boundaries, the general location of proposed land use types, and any other information required by the Director of Planning or Planning and Zoning Commission. The Planning and Zoning Commission shall be responsible for reviewing and approving Sketch Plans. Upon approval of a Sketch Plan, the Applicant shall submit a detailed Site Plan that is in conformance with the approved Sketch Plan (see Site Plans). The Planning and Zoning Commission shall be responsible for reviewing and approving the Site Plan. 128 Section 2. Zoning Regulations

139 E. Clustering Figure 32. Conventional (left) versus Cluster (right) Development Clustering Intent Provide open space accessible to the public in residential developments by allowing reductions to the minimum lot area to either maintain or increase overall density. Preserve natural features, decrease impervious cover, and create unique neighborhoods. Requirements Modifications Area 5 acre minimum area for development Open Space Area At least 30% of the site must be open space, in addition to park land dedication requirements (see ). First, calculate the number of dwelling units permitted on the site based on the zoning district using the net buildable area. If at least 30% of the site is conserved, then the number of units in the development may be up to or equal to the number of units that would be permitted with traditional development. If at least 40% of the site is conserved, then an increase of 10% in the number of units is permitted. All dimensions are as required by Subsection Zoning Dimensional Regulations, except: Lot area: None Lot width: 25 min Lot depth: None Street frontage: 20 min Front yard setback: 10 min Porches may be located up to 5 from the front property line (provided it does not interfere with utility easements) Rear yard setback with alleys: 10 min Building separation: 14 min / 10 min if zero lot line placement is used Homes are required to meet only three (3) of the elements required by C. Single Family Residential Element Options. Subsection Zoning Development Regulations 129

140 F. Pocket Neighborhoods Figure 33. Pocket Neighborhoods Examples Source: Pocket Neighborhoods: Creating Small-Scale Community in a Large-Scale World by Ross Chaplin Pocket Neighborhoods Intent Requirements Modifications Encourage residents to interact with their neighbors by sharing a centralized common area consisting of greenspace, park area, or community gardens instead of private backyards. Typically smaller scale single family dwellings. See Pocket Neighborhoods: Creating Small-Scale Community in a Large-Scale World by Ross Chaplin for additional information on this development style. Districts Not appropriate for the Agricultural (AG) District or the Estate Residential (R-1) District Number Neighborhood must include 6-20 homes Common Area Centralized greenspace of 400 sqft per unit, maintained by HOA Orientation Development must front onto the common area Connectivity All homes must be connected with a sidewalk Porch All homes must have a front porch of at least 80 sqft and 8 deep Access All parking, streets, garages, and alleys shall be located behind the homes, out of view from the common area, with no more than 6 adjoining spaces All dimensions are as required by Subsection Zoning Dimensional Regulations, except: Lot area: None Maximum DUA: 12 Lot width: 20 min Lot depth: None Front yard setback: 10 Porches may be located up to 5 from the front property line (provided it does not interfere with utility easements) Rear yard setback: 10 min Building separation: 14 min / 10 min if zero lot line placement is used Building footprint: 1,200 sqft max plus 500 sqft max for garage Dwelling size: 1,800 sqft max Homes are required to meet only three (3) of the elements required by C. Single Family Residential Element Options. 130 Section 2. Zoning Regulations

141 Figure 34. Examples G. Low Impact Design Low Impact Design Intent Encourage water conservation, reduce energy costs, and provide a unique style of development. Requirements Options Implement at least 4 of the element options in addition to the required elements in Table 22. Low Impact Design Element Options (on page 155) throughout the development Modifications All dimensions are as required by Subsection Zoning Dimensional Regulations, except: Front yard setback: Reduced 50% (but setback must be at least 7 ) Lot area: Reduced 10% Park land dedication required by may be reduced by 25% Fee waivers, technical assistance, and fast track reviews may be available for certain developments; see the Director of Planning for more information Homes are required to meet only three (3) of the element options required by C. Single Family Residential Element Options. Subsection Zoning Development Regulations 131

142 H. Traditional Neighborhood Design Figure 35. Traditional Neighborhood Design Examples Traditional Neighborhood Design Intent Requirements Characteristics Incorporate a blend of housing types and land uses into one area at a neighborhood scale. The traditional development style leading up to WWII, before the rise of sprawling subdivisions. Create developments that are compact, pedestrian-oriented, and promote a traditional, small-town atmosphere. Number At least 100 dwelling units per development Variety At least 25% of the lots must incorporate a housing type other than Single Family (Detached) Access All homes must be accessed by an alley; front- and side-entry garages are prohibited, except for side-entry garages on corner lots Detail All windows visible from public ROW must have muntins and include a type of exterior architectural detail (i.e., shutters, detailed window cornices, or dormer) Porch All homes must have a front porch of at least 80 sqft and 8 deep Grid Neighborhood design must be of a grid-like connected pattern; cul-de-sacs are prohibited unless unavoidable due to topography or other natural features as determined by the Director of Planning Blocks Blocks must be between in width and in length Open Space Area At least 15% of the total site acreage must be common open space (may count undevelopable areas toward up to 75% of this required open space) Open Space Access At least 90% of the homes must be within 1/4 mile of the open space Homes are required to meet only three (3) of the element options required by C. Single Family Residential Element Options. 100% of the exterior building materials may be cement fiber board or Board and Batten style materials. 132 Section 2. Zoning Regulations

143 Single Family Design A. Front Façades No single front façade of a home may be duplicated within six (6) lots as measured along the curb line. B. Requirements The following requirements apply to all new single family residential developments (including Dwelling, Single Family (Detached), Dwelling, Single Family (Patio Home), and Dwelling, Single Family (Attached Duplex) structures). 1. Garages Provided Garage Requirements i. If a garage is provided, the following dimensions shall be required, unobstructed by fixed equipment: (a) Minimum interior depth of twenty (20) feet, and (b) Minimum interior width of twelve (12) feet for a one-car garage, or twenty (20) feet for a two-car garage. ii. If a garage is not provided, exposed parking or carport must meet garage setback requirements noted in b below. Setback From Building Face A garage face shall be set back at least five (5) feet from the longest front building plane of the house or front porch, unless utilizing a J-swing design (see 2 below). Figure 36. Recessed Garage Door Example Setback from Rear Property Line Single family garages shall be set back at least ten (10) feet from the rear property line if the height does not exceed 20 ; otherwise the same setback standards as main building shall apply. Recessed Door Garage door shall be recessed a minimum of twelve (12) inches from the garage face (see Figure 36). Subsection Zoning Development Regulations 133

144 Garage Door Treatments Garage doors visible from public Right-of-Way shall contain at least three (3) of the following enhancements. Figure 37. Example of Wood Doors, Double Doors, and Decorative Windows i. Cedar/wood clad doors ii. Double doors iii. Decorative windows iv. Decorative hardware v. Reveals/texture Percentage of Façade A garage door facing the street cannot comprise more than fifty (50) percent of the entire front façade. 2. J-Swing Garage Wall Planes J-swing garages with walls facing the front yard (i.e., not located entirely behind the home) shall have at least one (1) window provided every ten (10) feet of uninterrupted wall plane. Only J-swing garages are not required to be set back from the face of the house; however, in no case shall the garage be located in front of the house. Figure 38. Window Required for Garage Wall Plane 134 Section 2. Zoning Regulations

145 C. Single Family Residential Element Options All new single family residential developments (including Dwelling, Single Family (Detached), Dwelling, Single Family (Patio Home), Dwelling, Single Family (Attached Townhouse), and Dwelling, Single Family (Attached Duplex) structures) shall have at least five (5) of the following elements on each building: 1. Front Wall Articulation An offset in plane shall be provided every fifteen (15) feet along any front façade of the dwelling unit. 2. Varying Front Setbacks Variations of the front setback of at least five (5) feet shall be required, however buildings shall not be within the required front setback Percent Class 1: Masonry Construction Materials The entire exterior wall surface shall be constructed of Class 1: Masonry Construction materials. 4. Rear Garage The garage shall be placed behind the rear building face. Figure 39. Examples of Rear Garages Subsection Zoning Development Regulations 135

146 5. Covered Front Porch or Portico Figure 40. Example of a Covered Front Porch Front Setback Encroachment The covered front porch or portico can encroach into the required front setback by eight (8) feet provided it does not interfere with public utility easements. Minimum Dimensions Each covered front porch or portico shall be a minimum eighty (80) square feet and have a minimum depth from the primary structure of eight (8) feet. 6. Architectural Focal Point Include one (1) of the following architectural focal points: Figure 41. Example of Window Enhancement Chimney The exterior veneer of a chimney constructed as part of or an extension to the exterior wall of a residential structure must be constructed of like or similar brick or other masonry material to that of the primary structure. The exterior veneer of chimneys shall not be constructed of wood or lumber products. Window Enhancements The use of transoms, bay windows, shutters, or other similar window enhancements. 7. Enhanced Pavement In all residential districts except for Agricultural (AG) District and Estate Residential (R-1) District, driveways and entryway sidewalks located in front of the dwelling shall be constructed entirely of a decorative paving technique from the following (or a combination of the following). Figure 42. Example of Masonry Entryway Sidewalk Earth-tone colored concrete (stain mixed in, not applied after) Stamped/patterned concrete Brick/pave stone Exposed aggregate Improved permeable surface (does not include dirt, grass, or gravel) 136 Section 2. Zoning Regulations

147 8. Alternative Energy System Use of a 1 kilowatt alternative energy system meeting City standards. 9. Rainwater Harvesting Use of a 1,000 gallon rainwater harvesting system meeting City standards. 10. Anti-Canyoning Design Utilizes an anti-canyoning design (as shown in Figure 43) with a stepped-back second story to allow additional light and airflow between the homes. Figure 43. Example of Traditional (Top) and Anti-Canyoning Design (Bottom) Subsection Zoning Development Regulations 137

148 Multi-Family Design A. Front Yard Regulations 1. No structure shall be located in the required front yard setback. 2. No off-street parking shall be allowed in the required front yard setback. However, drives of ingress and egress from the public street to a parking area shall be allowed to cross the front yard from front to rear. B. Design 1. All stairs (except entry stairs and stoops to individual units and shared hallways) and elevated walkways shall be fully integrated into the architectural design of the building. 2. All multifamily buildings must use four (4) or more of the following design element options. Awnings/canopies on at least twenty-five (25) percent of exterior windows Balconies at least fifty (50) square feet in size Patios or porches of at least fifty (50) square feet in size Stoops at least two (2) feet tall by four (4) feet wide At least seventy-five (75) percent of windows contain decorative features such as multi-pane, curvilinear, arched design, or are enhanced with shutters, or a combination thereof At least seventy-five (75) percent of the units have views of a water feature, such as a fountain, pond, heavily wooded creek areas, or are located within one hundred (100) feet of such area (excludes swimming pools) Others as approved by the Director of Planning 3. Mailrooms or mail kiosks shall be one hundred (100) percent masonry, either sheltered or internal to a building, and constructed of the same materials as the main structure. 4. Building Articulation 5. Elevator C. Access Walls (Horizontal Articulation) Walls visible from a public street shall have an offset of at least four (4) feet for every thirty (30) feet of wall plane. Roof Surface (Vertical Articulation) At least thirty (30) percent of the roof surface shall be dormers or other architectural offsets. Multifamily buildings with two (2) or more stories and nine (9) or more units must provide an elevator. Alleys may be used for ingress and egress to parking and service areas provided a minimum concrete paved alley width of twenty (20) feet is provided from a street to the parking or service area. Such ingress and egress shall be approved by the City giving consideration to adjacent properties and appropriate screening. D. Garages, Driveways, and Parking 1. A minimum of seventy-five (75) percent of parking shall be covered, of which 2/3 must be garaged. 138 Section 2. Zoning Regulations

149 2. All parking areas be available for parking vehicles; use of required parking areas for storage is prohibited. 3. See Use Chart and Off-Street Parking for further details. E. Mechanical Equipment, Refuse Containers, and Waste Storage 1. Mechanical equipment, refuse containers and waste storage areas shall be constructed, located and screened to prevent interference with the peace, comfort, and repose of the occupants of any adjoining building or residence. 2. The location, construction, and screening of all mechanical equipment, refuse containers and waste storage shall be shown on the design drawings. 3. See C Screening of Outdoor Waste Storage for All Nonresidential, Mixed Use, Multi- Family, and Manufactured Home Park Properties. F. Private Recreation Areas 1. Recreation Area Required All Dwelling, Multi-Family (Apartment) complexes shall have at least one (1) recreation area, in a location free of traffic hazards, easily accessible to all complex residents, and centrally located where topography permits. 2. Recreation Space Requirement Not less than eight (8) percent of the gross complex area shall be devoted to recreational facilities, generally in a central location. Recreation areas include space for community buildings and community uses, such as adult recreation and child play areas, and swimming pools, but do not include vehicle parking, commercial, maintenance and utilities areas. 3. Requirements are in addition to Dedication Requirements G. Courts The requirements of this section, Private Recreation Areas shall be in addition to the park dedication requirements within Park Land and Trail Dedication. 1. Where a Dwelling, Multi-Family (Apartment) building is erected so as to create enclosed inner courts, the faces of all opposite walls in such courts shall be a minimum distance of: Thirty (30) feet apart for buildings up to forty (40) feet in height, or Forty (40) feet apart for buildings greater than forty (40) feet in height. 2. No balcony or canopy shall extend into such court area for a distance greater than five (5) feet. Subsection Zoning Development Regulations 139

150 Mixed Use Design A. Purpose and Intent Mixed Use development creates walkable, vibrant areas that blend a variety of zoning categories within one development; for example, residential, restaurants, retail, office, and public uses may be allowed within the same building. This use integrates residential and nonresidential activities where appropriate and desirable, under conditions that ensure an acceptable level of harmony among land uses. B. Building and Site Design 1. Mixed Use development shall comply with all regulations of I. Mixed-Use Building (F4, F5, F5H) and the regulations below. 2. Cross-access shall be provided between all areas of the Mixed Use development and any adjacent Mixed Use developments. 3. Connections are required when a Mixed Use development is located adjacent to a residential development according to the following: For developments less than ten (10) acres, at least one (1) street connection and one (1) pedestrian connection shall be required. For developments ten (10) acres and larger, at least two (2) street connections and two (2) pedestrian connections shall be required. Connections shall be located to avoid conflicts with the service areas of the Mixed Use development. The Director of Planning may approve a reduction in the number of connections where physical or site development constraints exist. 4. Crosswalks are required at all street intersections and shall be delineated with variations in material, textures, paving patterns, and color. 5. Parking areas cannot extend beyond the façade of the building on the primary or side street. 6. Adjacent on-street parking (along the lot line or within the development) shall be credited toward the minimum parking requirement. 7. See C. Shared Parking Calculation for shared parking options. 8. Outside Storage is prohibited in Mixed Use developments. 140 Section 2. Zoning Regulations

151 Nonresidential Design A. Purpose and Intent 1. This section of the UDC is intended to ensure that all nonresidential buildings shall be compatible with the architectural character and design as described within the Comprehensive Plan in terms of style, mass, material, height, roof design, and other exterior elements. 2. All buildings shall be finished on all four sides with the same materials (meeting the masonry requirements of ), detailing, and features and with a higher level of finish on the front facades (as set forth in the requirements below). B. Applicability 1. All nonresidential buildings shall comply with this section, with the exception of those located within the Light Industrial (LI) District or the Heavy Industrial (HI) District. 2. See Building Materials for regulations regarding exterior building materials. C. Nonresidential Building Orientation Any building (excluding parking garages) within view of a public Right-of-Way shall either face such Right-of-Way or shall have a facade facing such Right-of-Way in keeping with the character of the front façade. D. Nonresidential Elements Options 1. Following is a list of design elements that, based upon the size of a building (see 2 below), shall be incorporated into a building s design: Table 19. Menu of Nonresidential Design Element Options # Element 1 Canopies, awnings, or porticos 2 Overhangs 3 Recesses or projections 4 Arcades 5 Peaked roof forms 6 Arches 7 Outdoor patios 8 Display windows 9 Architectural details (e.g., tile work or moldings, integrated into the building façade) 10 Integrated planters or wing walls that incorporate landscape and sitting areas 11 Offsets, reveals, or projecting ribs used to express architectural or structural bays Subsection Zoning Development Regulations 141

152 2. A building s floor area shall determine the minimum number of required design elements implemented in its construction as set forth in the table below: Table 20. Required Minimum Number of Design Element Options Building Square Footage Minimum Number of Design Elements 0 50,000 sqft 3 50, ,000 sqft 5 Over 100,001 sqft 7 E. Nonresidential Front Façade Entry Requirements 1. A front facade shall be articulated and designed to present a distinctive entry presence, emphasizing the building s entry point along the façade. 2. Each building shall provide a sheltered entry. 142 Section 2. Zoning Regulations

153 F. Nonresidential Building Articulation Façade depth and height articulation shall be required on the front façade of a building, per the following: 1. Depth articulation of at least three (3) feet shall be required for every thirty (30) feet of building façade length. Depth articulation applies only below the roofline. Figure 44. Depth Articulation (Plan View Looking Down) 2. Height articulation for flat roofs of at least five (5) feet shall be required for every fifty (50) feet of building façade length. Pitched roofs do not require height articulation. Figure 45. Height Articulation (Elevation View Looking Forward) Subsection Zoning Development Regulations 143

154 G. Tripartite Building Design/Composition 1. Buildings shall incorporate a tripartite building composition (base, middle and top). 2. The tripartite shall be proportioned to the other elements of the tripartite and the overall structure. Figure 46. Tripartite Building Design/Composition Top Middle Base Top Middle Base 144 Section 2. Zoning Regulations

155 H. Roof Design Standards 1. All structures shall be constructed with a pitched roof, flat roof with a parapet, true mansard roof, or any combination thereof. 2. All flat roof surfaces shall be screened from ground level views so that such roof surfaces are not visible. 3. Parking structure decks shall not be considered roofs. 4. Roofs of stairwells and elevator machine rooms and other similar spaces shall be exempt from roofing design standards so long as they are not visible from ground level. For the purpose of this paragraph, visible shall be defined as capable of being seen at a height of six (6) feet while standing at the highest grade on the property line. I. Alternative Compliance Option A request for the following Alternative Compliance options may be submitted and acted upon in accordance with Alternative Compliance: 1. Nonresidential Design Elements Alternatives to the nonresidential design elements listed in Table 18 (on page 122). Alternatives shall produce a similar or greater level of architectural design than the elements listed in Table 18 (on page 122). 2. Nonresidential Building Articulation Alternative articulation standards which differ from the requirement found in F above may be approved. Alternative articulation standards shall produce a similar or greater level of articulation than the requirement found in F above. Subsection Zoning Development Regulations 145

156 Lighting A. Purpose and Application 1. Purpose Standards for controlling lighting and glare are set forth to reduce annoyance and inconvenience to property owners, reduce traffic hazards to motorists, and to promote dark skies. These standards are intended to allow reasonable enjoyment of adjacent and nearby properties by their owners and occupants while requiring adequate levels of lighting for nonresidential areas, such as parking lots. 2. Applicability B. Lighting Plan This section applies to all development. 1. Lighting Plan Required All nonresidential and multi-family developments shall submit a lighting plan. The lighting plan shall show how the proposed development will comply with the regulation within this Lighting. 2. Lighting Plan Application Submittal An Application for a lighting plan shall be submitted and approved or denied by the Director of Planning as part of a Site Plan, as outlined in Site Plans. Elements of a Lighting Plan i. The type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices, and their respective location on the site; ii. A description of the illuminating devices, fixtures, lamps, supports, reflectors, and other devices (such as catalog cuts by manufactures and drawings); and C. General Regulations iii. Photometric data, such as furnished by manufactures, or similar data showing the angle of cut off or light emissions. The lighting plan shall show such information in sufficient detail to enable the Director of Planning to readily determine whether the lighting plan is in compliance with the requirements within this section. 1. Maintenance i. If the Director of Planning cannot readily make this determination, then the Applicant shall be required to submit reports of tests performed and certified by a recognized testing laboratory. Such reports must provide sufficient evidence such that the Director of Planning is thereby able to ensure compliance. Structure Piers for light poles taller than eight (8) feet shall be designed by an Engineer competent in structural engineering. Soil condition and wind loading shall be accounted for in the pier design. Quality and Appearance All fixtures and supports shall be painted or otherwise treated to resist rust and corrosion and shall be maintained in an attractive condition and in a manner consistent with the surrounding architecture. 146 Section 2. Zoning Regulations

157 Condition All fixtures and lamps shall be maintained in a working, serviceable condition at all times. 2. Lighting Units General i. Light sources shall be of a down-light, indirect, diffused, or shield type or so installed and maintained as to reduce glare effect and consequent interference with the use of adjacent properties and boundary streets. ii. Up-lighting is prohibited, including but not limited to lighting for buildings, signage, and landscaping. Appearance and Height Standards, poles, and fixtures shall be of a single color compatible with the architecture of the building(s) served. The height of such standards, poles, and fixtures, excluding those mounted on a building, shall not exceed the height of the highest roofline of the building(s) within the site, except as provided in 3 below and in Table 21. Mounting Heights for Lighting in Parking Areas (on page 148). 3. Recreational Area Lighting Height Lighting for recreational uses (including athletic courts and fields) may employ standards, poles, and fixtures in excess of the heights prescribed in D below. Living Screen Required Where recreational uses are adjacent to residential uses regardless of separation by streets, and such recreational use is illuminated in such a manner as to produce a light intensity in excess of 0.5 foot candles at the property line of the residential use, a living screen shall be required in accordance with the following. i. A variety of trees that normally grow to or in excess of a height of forty (40) feet shall be provided. ii. Trees shall be planted at least thirty (30) feet on center along the property line abutting the residential use. iii. The tree variety shall maintain a crown width sufficient to form a continuous screen at height between ten (10) feet and thirty (30) feet above grade. iv. Such trees shall be a minimum of one-third (1/3) the required height at the time of planting. Lighting Curfew Recreational lighting must be shut off by 10:30pm on Sunday through Thursday and 11:30pm on Friday or Saturday nights. Subsection Zoning Development Regulations 147

158 Longest Dimension Adopted October 2, 2017 D. Nonresidential, Multi-Family, and Mixed Use Regulations 1. Site Lighting All off-street parking areas for nonresidential and mixed uses that are used at night shall be illuminated beginning no later than thirty (30) minutes after sunset. Lighting may be constant or by motion sensor. 2. Parking and Loading Lighting General Requirement i. Nonresidential uses that abut Residential Zoning Districts shall be required to cease illumination of parking areas at the termination of hours of use. In case only a portion of a parking area is offered for use after dark, only that part is required to be illuminated in accordance with these standards. However, the portion offered for use shall be clearly designated. ii. Illumination of parking areas shall be sufficient to ensure the visibility of pedestrians and the safe movement of traffic within the site. Maximum Intensity The allowable maximum intensity measured at the property line of a retail, office, commercial, or multi-family developments use shall be 3.0 foot candles and 5.0 foot candles for an industrial use. When located adjacent to single family residential development, the intensity shall be no greater than 0.25 foot candles at the property line. Mounting Height The mounting height of lighting fixtures shall not exceed the heights specified in Table 21. Mounting Heights for Lighting in Parking Areas. Table 21. Mounting Heights for Lighting in Parking Areas Figure 47. Longest Dimension of Parking Area Longest Dimension of Parking Area Maximum Lighting Unit Mounting Height Zero 60 Feet 14 Feet Feet 20 Feet 101 Feet or Greater 30 Feet 148 Section 2. Zoning Regulations

159 Appearance Standards, poles, and fixtures shall be of a single color, compatible with the architecture of the building. Type of Fixtures All lighting fixtures shall be restricted to full cutoff types (see Figure 48. Examples of Lighting Fixtures). Figure 48. Examples of Lighting Fixtures Prohibited Prohibited Prohibited Permitted Subsection Zoning Development Regulations 149

160 3. Walkway Lighting Intensity All outdoor pedestrian areas and uncovered walkways, separate from parking areas or buildings but essential to the nighttime operation of nonresidential uses within nonresidential districts, shall be continually illuminated between sunset and sunrise. i. The level of intensity of illumination, measured at the walkway surface, shall be a minimum average of 0.8 foot candles. Mounting Height The mounting height of lighting fixtures shall not exceed twelve (12) feet. Type of Fixtures Pole-mounted and wall-mounted fixtures mounted above six (6) feet shall be full cutoff. 4. Accent and Security Lighting Accent Lighting i. Accent lighting shall not exceed six hundred (600) lumens. ii. Lighting shall be shielded to prevent light pollution or glare beyond the element intended for accent illumination. Security Lighting i. Pole-mounted and wall-mounted fixtures mounted above six (6) feet shall be of a downlight or cutoff type. ii. If a rear yard security light is mounted higher than ten (10) feet, it shall be directed away from adjacent properties. 150 Section 2. Zoning Regulations

161 Sustainable Design Techniques The purpose of this section is to establish regulations for when the following elements are provided. Unless otherwise noted within this UDC, the following sections are not requirements if the elements are not provided. A. Alternative Energy Systems 1. Small Solar Energy Systems Accessory Use A small solar energy system is allowed as an accessory use in all zones in which structures are permitted. General Standards Small solar energy system devices must be designed and located to avoid glare or reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety hazard, and must meet the following applicable requirements: i. Ground-Mounted (a) Ground-mounted solar energy systems are considered structures and must meet applicable setbacks for the zoning district, and shall be located in the rear yard. (b) The solar panels and supporting framework cannot extend more than six (6) feet above the existing grade. ii. Roof-Mounted (a) Roof-mounted systems shall be mounted as flush as possible to the roof but in any case not more than twelve (12) inches above the existing roof surface. (b) Roof-mounted systems must also be in compliance with the maximum building height for the applicable zoning district. (c) Roof-mounted systems that are visible from the nearest edge of the street frontage Right-of-Way shall not have a highest finished pitch more than five (5) percent steeper than the roof pitch on which the system is mounted, and shall be no higher than sixteen (16) inches above the roof. Coverage Roof or building mounted solar energy systems, excluding building-integrated systems, shall not cover more than eighty (80) percent of the roof upon which the panels are mounted, and shall be set back from the roof edge by a minimum of one (1) foot. The surface area of pole or ground mount systems shall not exceed half the building footprint of the principal structure. Subsection Zoning Development Regulations 151

162 2. Small Wind Energy Systems Accessory Use A small wind energy system is allowed as an accessory use in all residential zoning districts. General Standards i. Small wind energy systems are permitted only in the rear yard. ii. The minimum distance between the ground and any part of a rotor blade must be at least twenty (20) feet. iii. Small wind energy systems shall not be illuminated, nor may they bear any signs or advertising. iv. Small wind energy systems must have automatic braking, governing, or feathering system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the support structure, rotor blades, and turbine components. v. All wiring serving small wind energy systems must be underground. vi. Noise produced by small wind energy systems shall not exceed 55 dba measured at the property line. vii. Small wind energy systems must not cause any interference with normal radio and television reception in the surrounding area, with any public safety agency or organization (including but not limited to police, fire, and ambulance) radio transmissions, or with any microwave communications link. The owner shall bear the cost to conduct a study to determine interference, and of immediately eliminating any such interference should any occur, or must immediately shut down the system or parts of the system causing the interference. viii. A finish (paint/surface) must be provided for the small wind energy system that reduces the visibility of the facility, including the rotors. In most circumstances this condition may be satisfied by painting the support structure and rotors with flat light haze gray paint. If the support structure is unpainted it must be of a single color throughout its height. The owner must maintain the finish, painted or unpainted, so that no discoloration is allowed to occur. ix. The diameter of the area swept by the rotors may not exceed twelve (12) feet. Freestanding Systems Additional Standards Small wind energy systems may be mounted on a tower detached from other structures on the lot. i. Setback The minimum setback from any property line, overhead utility line, or public Right-of-Way shall be a distance equal to the vertical distance from the ground to the tip of a wind generator blade when the tip is at its highest point unless the affected utility, property owner, and governmental entity grants written permission for a lesser setback. In addition 152 Section 2. Zoning Regulations

163 to the system s structures, guy wires associated with towers shall meet applicable setbacks for the zoning district. ii. Height Freestanding systems measured from the top blade shall not exceed forty-five (45) feet in height. iii. Security Support structures for freestanding systems must be unclimbable from the ground to a height of at least fifteen (15) feet. iv. Number A maximum of one (1) freestanding small wind generator system shall be allowed on a building site. Roof-Mounted Systems Additional Standards Small wind energy systems may be mounted on the roof of a structure as an appurtenance. i. Height Roof-mounted systems measured from the top blade shall not be more than five (5) feet over the maximum allowed height for the structure. ii. Number A maximum of one (1) roof-mounted small wind generator system shall be allowed on a building site. iii. Engineering Report Before any roof-mounted system is mounted the property owner must submit a report prepared by a licensed professional engineer attesting to the fact that the structure to which the system will be mounted is or will be sufficiently strong to support the system and to withstand the wind, vibratory, and other loads to which it would be subjected as a result of mounting the system on it. This report is subject to approval by the City prior to the mounting of the system. Subsection Zoning Development Regulations 153

164 B. Rainwater Harvesting 1. Purpose Rainwater harvesting allows for the reuse of rainwater for non-potable irrigation purposes. This practice is intended to reduce stormwater runoff and water consumption. 2. General Regulations Storage tanks are required to have an overflow spout. Storage tanks must be clearly labeled RAINWATER - DO NOT DRINK. Storage tanks must be maintained in a condition that does not create a public nuisance or public health hazard. If the storage tank is connected to a potable water supply through an irrigation system, it must utilize backflow prevention measures. Facilities must meet the City s technical specifications. 3. Residential Purposes Storage tanks larger than fifty-five (55) gallons shall not be located in front of the front building face. 4. Nonresidential Purposes Storage tanks larger than 1,500 gallons shall be considered an Accessory Structure (see Accessory Structures). C. Site Development Table 22 (on page 155) includes a list of design element options for implementing Low Impact Design in residential and nonresidential developments. This table is referenced throughout the UDC but specifically applies within the following sections: A. 967/1626 Community Node; and G. option for Innovative Residential Development. 154 Section 2. Zoning Regulations

165 Table 22. Low Impact Design Element Options Requirements Irrigation Low-Flow Topography Xeriscape All irrigation must use a drip system or soaker hose unless utilizing only harvested rainwater All fixtures must be WaterSense certified Avoid cut-and-fill construction methods and maintain existing drainage flow patterns All landscaping must be native/drought-tolerant; less than 1,000 sqft of turf grass per lot Alternatives Cool Roof Connectivity Conservation Cover Drainage Erosion Garden Infill Permeable Rainwater Recycled Runoff Solar Miscellaneous All roof surfaces are a white or green design White roof: Roof painted with solar reflective white coating that reflects at least 80% of sunlight to maintain the home at a cooler temperature Green roof: Layer of vegetation on the entire rooftop to reduce heating and cooling costs, improve water quality, and reduce runoff; structural analysis of roof support required No dead end streets or cul-de-sacs At least 25% of the site is conserved in a natural state, excluding nature trails Use at least 20% less than the maximum impervious cover allowed by district Disperse drainage and minimize the velocity of concentrated water flows through the use of check dams or landscaping and direct sheet flow to areas of vegetation Utilize a minimum of two permanent erosion control techniques (e.g., filter strip, inlet protection) along all streets and sidewalks to minimize sedimentation in nearby streams and water bodies Provide a community garden maintained by an HOA or similar entity Entire site is located in a redevelopment area with infrastructure available or nearby; no greenfield development Use pervious or semi pervious surfaces that allow water to infiltrate in all on-site hardscape pedestrian areas All structures are constructed with rainwater harvesting facilities at downspout disconnects for reuse with landscaping irrigation or toilets; harvesting facilities must be able to accommodate at least 20% of the volume generated by a 1 storm based on the roof area Use only recycled materials including asphalt for roadways, as approved by City Engineer Use at least two permanent natural infiltration methods (multi layered plantings, planter boxes, bioswales, bioretention, ponds, tree box filters, and constructed wetlands) to treat and filter run off At least 1.5 photovoltaic kw per residential unit (average for entire development) or 2.5 kw per 1,000 sqft of nonresidential rooftop Other site development controls as approved by the Director of Planning Subsection Zoning Development Regulations 155

166 Nuisances The following regulations related to nuisances shall apply in addition to any other nuisance regulations adopted by the City. Where a conflict exists, the more restrictive regulation shall govern. A. Noise 1. At no point at the bounding property line of any use in any district shall the sound pressure level of any operation or plant exceed the decibel limits specified in the Octave Band groups designated in Table 23. Table 23. Maximum Permissible Daytime* Noise Limits Octave Band (cps) Decibel Band Limit (db re microbar) , ,200-2, ,400-4, ,800-9, A Scale 65 Note: A Scale levels are provided for monitoring purposes only and are not applicable to detailed sound analysis. 2. The following corrections shall be made to the table of Octave Band-decibel limits in determining compliance with these noise level standards: Subtract 7 db when noise is present at nighttime. Subtract 7 db when noise contains strong pure-tone components or is impulsive; that is, when meter changes at 10 decibels or more per second. Add 10 db when noise is present for not more than: i. 1/2 minute in any 1/2 hour period; ii. 1 minute in any 1 hour period; iii. 10 minutes in any 2 hour period; or iv. 20 minutes in any 4 hour period. Measurement of noise shall be made with a sound level meter or Octave Band analyzer meeting the standards prescribed by the American Standards Association. B. Smoke and Particulate Matter 1. The following regulations shall apply to the extent allowed by municipal authority under State and Federal law. 2. No operation or use shall cause, create or allow the emission for more than three (3) minutes in any one (1) hour of air contaminants which at the emission point or within the property line are: 156 Section 2. Zoning Regulations

167 C. Odorous Matter Adopted October 2, 2017 As dark or darker in shade as that designated as No. 2 on the Ringelmann Chart as published by the United States Bureau of Mines Information Circular Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke or contaminants in the standard prescribed in a above except that, when the presence of uncombined water is the only reason for failure to comply or when such contaminants are emitted inside a building which prevents their escape into the outside atmosphere, the standards in a and this b shall not apply. The emission of particulate matter from all sources shall not exceed 0.5 pounds per acre of property within the plant site per any one (1) hour. The open storage and open processing operations, including on-site transportation movements which are the source of wind or airborne dust or other particulate matter, or which involves dust or other particulate air contaminant generating equipment such as used in paint spraying, grain handling, sand or gravel processing or storage, or sand blasting shall be so conducted that dust and other particulate matter so generated are not transported across the boundary line of the tract on which the use is located in concentrations exceeding four (4) grains per one thousand (1,000) cubic feet of air. 1. No use shall be located or operated which involves the emission of odorous matter from a source of operation where the odorous matter exceeds the odor threshold at the bounding property line or any point beyond the tract on which such use or operation is located. 2. The odor threshold as herein set forth shall be determined by observation by the enforcing officer. The method and procedures as specified by American Society for Testing Materials ASTM-D1391 entitled Standard Method for Measurement of Odor in Atmospheres shall be used and a copy of ASTM-D1391 is hereby incorporated into this Ordinance by reference. D. Fire and Explosive Hazard Material 1. No use involving the manufacture or storage of compounds or products which decompose by detonation shall be permitted except that chlorates, nitrates, perchlorates, phosphorus and similar substances and compounds in small quantities for use by industry, school laboratories, druggists or wholesalers may be permitted when approved by the City s Fire Department. 2. The storage and use of all flammable liquids and materials such as pyroxylin plastics, nitrocellulose film, solvents and petroleum products shall be permitted only when such storage or use conforms to the standards and regulations of the City s Fire Code. E. Toxic and Noxious Matter No operation or use shall emit a concentration across the bounding property line of the tract on which such operation or use is located of toxic or noxious matter which will exceed ten (10) percent of the concentration (exposure) considered as the threshold limit for an industrial worker as such standards are set forth by the Texas State Department of Health in Threshold Limit Values Occupational Health Regulation No. 3 as amended, a copy of which all subsequent amendments thereto is hereby incorporated by reference and is on file in the office of the City s Building Inspector. Subsection Zoning Development Regulations 157

168 F. Vibration No operation or use shall at any time create earthborn vibrations which, when measured at the bounding property line of the source of the operation, exceed the limits of displacement set forth in the following table in the frequency ranges specified: Table 24. Maximum Permissible Displacement Limits Frequency (cps) Displacement (inches) and over G. Open Storage No open storage of materials or commodities shall be permitted except as an accessory use to a main use and which is located in a building. No open storage operation shall be located in front of the main building and no storage use shall constitute a wrecking, junk, or salvage yard, except when such is approved with development and operation standards as a Specific Use Permit. 158 Section 2. Zoning Regulations

169 Subsection Zoning Procedures Applicability, Completeness, and Expiration A. Applicability The following procedures shall apply to any zoning related plan or Application that is required by the City and is submitted in accordance with this UDC. B. Determination of Completeness for Zoning-Related Applications Every required Application shall be subject to a Determination of Completeness by the Responsible Official for processing the Application. 1. Acceptance Standard The Application shall only be accepted by the Responsible Official for processing when it is accompanied by all documents required by, and prepared in accordance with, the requirements of this UDC. 2. Acceptance Procedures A Determination of Completeness of an Application shall be conducted in accordance with the following procedures: A Determination of Completeness shall be made by the Responsible Official not later than the tenth (10 th ) business day, unless otherwise specified, after the Official Vesting Date. If the submitted Application is incomplete, the Applicant shall be notified in writing not later than the tenth (10 th ) business days after the Official Vesting Date. i. Such notice shall be served by depositing it in the U.S. Postal Service, or by electronic mail transmission, before the tenth (10 th ) business day following submission of the Application. ii. The notification shall specify the documents or other information needed to complete the Application, and shall state the date the Application will expire (see D below) if the documents or other information are not provided to the City. An Application shall be deemed complete on the eleventh (11 th ) business day after the Application has been received if notice is not served in accordance with D below. If the Application is determined to be complete, the Application shall be processed as prescribed by this UDC. 3. Acceptance shall not Constitute Compliance A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this Section. 4. Acceptance shall not Guarantee Approval It is not guaranteed that an accepted, complete Application will be approved, if after the Application is deemed complete it is determined that the Application does not comply with this UDC. C. Re-Submittal after Notification of Incompleteness 1. If the Application is re-submitted after a notification of incompleteness within the time allotted in subsection D below, the Application shall be processed upon receipt of the re-submittal. Subsection Zoning Procedures 159

170 2. To the extent that the information or documents submitted are not sufficient to enable the Decision-Maker to apply the criteria for approval, the Application may be denied on such grounds. D. Expiration of a Zoning-Related Application due to Incompleteness Pursuant to Texas Local Government Code Chapter 245, a zoning-related Application shall automatically expire at the close of business on the forty-fifth (45 th ) calendar day after the Application s Official Vesting Date, if: 1. The Applicant fails to provide documents or other information necessary to comply with the City s technical requirements relating to the form and content of the permit Application; and 2. The City provides to the Applicant, not later than the tenth (10 th ) business day after the date the Application is filed, written notice that specifies the necessary documents or other information, and the date the Application will expire if the documents or other information is not provided; and 3. The Applicant fails to provide the specified documents or other information necessary to comply with the City s requirements relating to the Application within the time provided in the notification. E. Texas Local Government Code Chapter 245 does not apply to Zoning Amendment Applications Chapter 245 of the Texas Local Government Code, as amended, shall not apply to a Zoning Amendment Application or an ordinance establishing zoning since neither is a permit under this UDC or Chapter 245. F. Denial of Zoning Applications 1. If any City official processes a zoning Application prior to the Application being determined complete, the Application shall then be deemed invalid and shall be grounds for denial or revocation of such Application. 2. A typographical error shall not constitute an incomplete Application. 3. The Applicant may be notified of such denial or revocation for an incomplete zoning Application in writing. G. Vesting Begins on the Official Vesting Date An Application shall be vested into the standards of the UDC in effect at the time of the Application s Official Vesting Date. H. Submission of Previously Decided Zoning Related Application After the final decision on a specific Application by the Decision-Maker, the same Application shall not be submitted again until after six (6) months from the Decision-Maker s action. 160 Section 2. Zoning Regulations

171 Zoning upon Annexation A. General 1. Procedural Steps Proceedings to establish zoning may be undertaken concurrently with annexation procedures (i.e., notified at the same time, public hearings scheduled at the same time as annexation, etc.). However, zoning approval and formal adoption of the ordinance establishing zoning must occur after annexation approval of the annexation ordinance have occurred, and as a separate and distinct action by the City Council. 2. Cases Where No Initial Zoning Action Occurs Concurrently with Annexation For any period of time following official annexation by the City until an initial zoning action has been officially adopted to zone the land, all zoning and development regulations of the Agricultural (AG) District shall be adhered to with respect to the development and use of the land. B. Necessary Studies for Initial Zoning 1. The City shall perform necessary studies to officially adopt a zoning district for the newly annexed land within one year from the effective date of the annexation ordinance. 2. This zoning shall be deemed the initial zoning of the newly annexed property. C. Initial Zoning of Newly Annexed Land 1. Within this one-year period, the City Council shall instruct the Planning and Zoning Commission and Director of Planning to study and make recommendations concerning the use of land within said annexation to promote the general welfare and to be in accordance with the Comprehensive Plan. 2. Upon receipt of such recommendations, the City Council shall, after public hearings as required by law, establish the initial district classification of said annexed property; provided, however, that this shall not be construed as preventing the City Council from holding public hearings prior to annexation and establishing the district classification at the time of said annexation. D. Zoning Notice The initial zoning of a land parcel, whether by initiation of the landowner or by initiation of the City, must meet the requirements for notification and public hearings as set forth in Public Hearings and Notification Requirements and all other applicable State laws. E. Within an Annexed Area Where No Initial Zoning Action has Occurred 1. No permit for the construction of a building or use of land shall be issued by the Building Official other than a permit which will allow the construction of a building or use permitted in the Agricultural (AG) District until the Initial Zoning of Newly Annexed Land has been approved by the City Council, except as provided in 2 below. 2. If plans and preparations for developing a property for a use other than those specified in the Agricultural (AG) District were already in progress prior to annexation of the property into the City, in accordance with Zoning Vested Rights Petition, then the City Council may authorize construction of the project by a majority vote. Application of this subsection is contingent upon the following: Subsection Zoning Procedures 161

172 i. The Applicant must be able to demonstrate that plans and other preparations for developing the property commenced prior to (i.e., were already in progress at the time of) annexation into the City. ii. Existing land uses shall be allowed to continue in conformance with the vesting provisions of Chapter 245 of the Texas Local Government Code and Zoning Vested Rights Petition. 3. In its deliberations concerning authorization to proceed with construction of a project which meets the above criteria, the City Council shall take into consideration the appropriate land use for the area as shown on the City s Future Land Use Plan. Upon approval by the City Council, the Director of Planning shall notify the Building Official of such approval. 162 Section 2. Zoning Regulations

173 Zoning Text and Map Amendments A. Process Requirements 1. Zoning Amendments Require City Council Approval The City Council may, from time to time, amend, supplement or change by ordinance, the boundaries of the districts (i.e., Zoning Map Amendment (Rezoning)) or the regulations herein established (i.e., Zoning Text Amendment) as provided by the Statutes of the State of Texas. 2. Planning and Zoning Commission Recommendation Required for all Amendments Before taking action on any proposed amendment the City Council shall submit the same to the Planning and Zoning Commission for its recommendation and report. 3. Petitions Submitted to the City Council Any person or corporation having a proprietary interest in any property may petition the City Council for a change or amendment to the zoning provisions of this UDC; or The Planning and Zoning Commission may, on its own motion or on request from the City Council, study and propose zoning changes and amendments for the City Council s consideration. B. Two Types of Zoning Amendments 1. Zoning Map Amendment (Rezoning) A Zoning Map Amendment (Rezoning) is a change or modification to the boundaries of any zoning district within the City s Zoning Map. 2. Zoning Text Amendment A Zoning Text Amendment is the change of the text within Section 2. Zoning Regulations and does not include change or modification to the boundaries of any zoning districts. C. Rezoning within the Historic Overlay (O-H) District 1. The Historic Preservation Commission shall review and provide a recommendation to the Planning and Zoning Commission and City Council for all Zoning Map Amendment (Rezoning) requests within the Historic Overlay (O-H) District. This recommendation by the Historic Preservation Commission does not require a public hearing. 2. See Designation of and Development in Historic Overlay (O-H) District or of a Historic Landmark. D. Planning and Zoning Commission Recommendation Requires Public Hearing 1. The Planning and Zoning Commission shall hold a public hearing on any Application for any amendment or change prior to making its recommendation and report to the City Council. 2. In the case of a Zoning Map Amendment (Rezoning): Written notice of all public hearings before the Planning and Zoning Commission on a proposed amendment or change shall be sent to all owners of real property within two hundred (200) feet of the property on which the change is requested. i. Such notice shall be given not less than fifteen (15) calendar days before the date set for hearing by posting such notice, properly addressed and postage paid, to each taxpayer as the ownership appears on the last approved City tax roll or County tax roll for the area affected. Subsection Zoning Procedures 163

174 Consistency between a Zoning Map Amendment (Rezoning) and the Comprehensive Plan shall be required. For selected zoning districts, each rezoning Application shall be accompanied by a Site Plan (see B.1. Site Plan in association with a Specific Use Permit). E. Sign Posting for a Zoning Map Amendment (Rezoning) Related to a Particular Property 1. At least fifteen (15) calendar days prior to the public hearing by the Planning and Zoning Commission on a proposed amendment to the zoning map, the Applicant shall cause a sign, clearly visible to passersby, to be placed and maintained on such property. 2. The sign shall state that the property is the subject of a rezoning Application. 3. The Director of Planning shall furnish and post the sign on the property proposed to be rezoned. 4. The sign shall remain continuously posted on the property until the City Council has conducted its public hearing on the matter. F. Effect of Posted Sign Maintenance The continued maintenance of the sign due to theft, weather, or other cause shall not be a condition precedent to the holding of a public hearing, the adoption of any proposed zoning change, or any other official action concerning such zoning map amendment. G. City Council Decision and Public Hearing Required 1. A public hearing shall be held by the City Council before adopting any proposed amendment. 2. Notice of the time and place of the hearing must be published in a newspaper of general circulation in the City before the fifteenth (15 th ) calendar day before the date of the hearing. 164 Section 2. Zoning Regulations

175 H. Three-Fourths City Council Vote Required for Protested Amendments 1. If a protest against a proposed amendment consistent with 2 below has been filed with the City Secretary at least twenty-four (24) hours including a regular City business day before the date of the public hearings, then amendments shall not become effective except by a three-fourths (3/4) vote of the governing body. 2. Two Types of Eligible Protesters: Interior Protesters The property owners, duly signed and acknowledged, of twenty (20) percent or more of the lots or land area included within a proposed amendment boundary. Exterior Protesters The property owners, duly signed and acknowledged, of twenty (20) percent or more of the lots or land area within a two hundred (200) foot radius of the exterior boundary of the area included in a proposed amendment. 3. Calculation Example Assume that the 200 buffer surrounding the area subject to rezoning includes 10 acres. If an individual owns 2 acres within the buffer, his/her protest would constitute twenty (20) percent. Figure 49. Calculation for Exterior Protestors I. Three-Fourths City Council Vote Required for Planning and Zoning Commission Denial If the Planning and Zoning Commission has recommended denial of an Application for amendment, a three-fourths (3/4) vote of City Council is required to approve the Application. Subsection Zoning Procedures 165

176 Public Hearings and Notification Requirements A. Public Hearings Public hearings shall be conducted for each review body per plan or Application type according to the following table. Table 25. Review Bodies and Associated Public Hearings Application Type City Council Planning and Zoning Commission Board of Adjustment Zoning Map Amendment (Rezoning) Hearing Hearing Zoning Text Amendment Hearing Hearing Planned Development (PD) Hearing Hearing Specific Use Permit Hearing Hearing Amortization of Nonconforming Uses Zoning Regulation Appeal Zoning Variance Zoning Special Exception Hearing Hearing Hearing Hearing B. Public Notices Public notices shall be required according to the following table. Table 26. Required Public Notice Application Type Zoning Map Amendment (Rezoning) Zoning Text Amendment Planned Development (PD) Specific Use Permit Amortization of Nonconforming Uses Zoning Regulation Appeal Zoning Variance Zoning Special Exception Sign Notice Required (P&Z/City Council) Required (P&Z/City Council) Required (P&Z/City Council) Published Notice Required (City Council) Required (City Council) Required (City Council) Required (City Council) Required (ZBA) Written Notice Required (P&Z) Required (P&Z) Required (P&Z) Required (ZBA) Required (ZBA) Required (ZBA) Posted Notice Required (P&Z/City Council) Required (City Council) Required (P&Z/City Council) Required (P&Z/City Council) Required (ZBA) Required (ZBA) Required (ZBA) Required (ZBA) 166 Section 2. Zoning Regulations

177 C. Types of Notice 1. Sign Notice Posted on Property The Director of Planning shall maintain an inventory of signs to fulfill the notification requirements listed in Table 26. Required Public Notice (on page 166). The continued maintenance of the sign shall not be a condition precedent to the holding of a public hearing, the adoption of any proposed zoning change, or any other official action concerning such amendment. 2. Published Notice and Written Notice of Public Hearing for Zoning Changes Involving Real Property Published Notice Notice of the public hearing to occur before the City Council shall be accomplished by publishing the purpose, date, time, and place of the public hearing in the official newspaper of the City before the fifteenth (15 th ) calendar day prior to the date of the public hearing. Written Notice for Protest (also referred to as Mailed Notice ) i. Before the fifteenth (15 th ) calendar day, written notice of the public hearing before the Planning and Zoning Commission on a proposed change in a zoning classification shall be sent to each owner, as indicated by the most recently approved municipal tax roll, of real property within two hundred (200) feet of the property on which the change in classification is proposed. ii. Said written notice shall be served by depositing the notice, postage paid, in the regular United States mail. iii. If written notice as required is not sent before the fifteenth (15 th ) calendar day prior to the date of the hearing, then the hearing must be delayed until this notice requirement is met. iv. Such notice shall include: (a) Legal description of the property and the street address or approximate location within the City. (b) Present zoning classification of the property and the zoning sought by the Applicant. If not a rezoning, then the nature or intent of the Application shall be described. (c) The date, time, and place of hearing. (d) The web site that contains the zoning map and information regarding the rezoning; (e) The phone number where questions may be answered; and (f) Other information as may be necessary to provide adequate and timely public notice. Written Notice for Courtesy Interest i. It shall be the City s policy to provide written notification to properties located beyond the required two hundred (200) foot notification area, but within four hundred (400) feet of the property on which the change in classification is proposed. ii. Property owners within the required two hundred (200) foot notification area will not receive a courtesy notice. iii. Property owners within the courtesy area may be heard during the public hearing; however, protests will not count as an toward the twenty (20) percent requirement noted in H Three-Fourths City Council Vote Required for Protested Amendments. iv. Failure to notify property owners within this courtesy area will not preclude action on the zoning amendment. Subsection Zoning Procedures 167

178 3. Published Notice of Public Hearing for Zoning Changes Involving Regulation Text For requests involving proposed changes to the text of the zoning regulations, notice of the City Council public hearing shall be accomplished by publishing the purpose, date, time, and place of the public hearing in the official newspaper of the City before the fifteenth (15 th ) calendar day prior to the date of the public hearing. Changes in the zoning text that do not change zoning district boundaries (i.e., that do not involve specific real property) do not require written notification to individual property owners. 4. Published Notice and Written Notice of an Appeal of a City Administrative or Interpretative Decision to the Board of Adjustment For an Appeal of a City Administrative or Interpretative Decision, the Board of Adjustment shall fix a reasonable time for the hearing of an appeal, give the public notice by written notice in the mail addressed to all owners of real property located within two hundred (200) feet of the property on which the appeal is made, and by publication of notice of such hearing in the City s official newspaper. Both the mailed and published notice shall be given before the fifteenth (15 th ) calendar day prior to the date for the hearing. At the hearing, any party may appear in person or by Attorney or by agent. 5. Additional Rules and Procedures Established The City Council may, at its option, establish additional rules and procedures for public notification of proposed zoning changes and development proposals (e.g., required plans, plats, etc.), which may include, but not be limited to, the posting of a sign(s) on any property that is proposed for a zoning change or development by the Applicant or its agent(s). The City Council may, by policy enacted through a resolution, direct notice of a Zoning Map Amendment (Rezoning) beyond two hundred (200) feet. Failing to adhere to such notice does not constitute a procedural violation and does not alter the protest area. Knowledge of and adherence to such rules and procedures, if so established by the City, shall be the responsibility of the Applicant and shall be required as part of a zoning change or development Application Creation of a Building Site, Tract, or Lot No permit for the construction of a building or buildings or fence, wall, or sign upon any tract or plot shall be issued until the lot or tract is part of a plat of record, approved by the City and filed in the Plat Records of Hays County, Texas, and compliant with all development regulations Certificate of Occupancy A. Use No building hereafter erected or structurally altered, shall be used, occupied or changed in use until a Certificate of Occupancy has been issued by the Building Official, stating that the building or proposed use of the building or premises complies with the building code, electrical code, plumbing code, and the provisions of these and all other development regulations. B. Change in Use A change in use shall be construed to mean any change in the primary occupancy or type of business. 168 Section 2. Zoning Regulations

179 Site Plans A. Purpose The purpose of the Site Plan process is to establish a procedure for coordinating and verifying improvements to properties. Through Site Plan review, zoning standards and other applicable municipal standards or ordinances that may apply to specific site development can be uniformly implemented by the City for multiple-family and nonresidential development. This process is intended to promote, among other items, the efficient and harmonious use of land, safe and efficient vehicular and pedestrian circulation, parking and loading, lighting, screening, open space, and landscaping. B. Site Plan Processing Two different types Site Plans exist, related to SUPs (1 below) and Building Permits (2 below). 1. Site Plan in association with a Specific Use Permit An approved Site Plan is required as part of the Application for a Specific Use Permit. 2. Site Plan in association with a Building Permit Application An approved Site Plan is required as part of or prior to the Application for a Building Permit for the following development types: 3. Effect Nonresidential Development i. All nonresidential development within the City limits, except as provided in D below, require an approved Site Plan. ii. Parking lot development, reconstruction, or reconfiguration of more than twenty (20) spaces requires an approved Site Plan. Residential Development Residential buildings having more than four (4) dwelling units require an approved Site Plan. Innovative Residential Development All Innovative Residential Developments require an approved Site Plan (see Planned Development (PD) All Planned Development (PD) building permit Applications require an approved Site Plan (see ). No Certificate of Occupancy shall be issued unless all construction and development conform to the Site Plan as approved by the City. C. Approval Process 1. Site Plan in association with a Specific Use Permit The approval of a Site Plan related to a rezoning Application requires the following: Review by the Director of Planning, A recommended action by Planning and Zoning Commission for the City Council s consideration, and Approval by the City Council. Subsection Zoning Procedures 169

180 2. Site Plan in association with a Building Permit Application The approval of a Site Plan related to a Building Permit or construction/development Application requires approval by the Director of Planning. The Director of Planning shall be responsible for ensuring that appropriate internal administrative review has occurred (i.e., Fire Marshal, Building Official, etc.). 3. Site Plan Process Overview The purpose of the Site Plan process is to: Ensure compliance with adopted City development regulations and other applicable regulations that apply to the property for which the City has enforcement responsibility; Promote safe, efficient and harmonious use of land through application of City-adopted design standards and guidelines; Promote the vision established by the Comprehensive Plan; Ensure adequate public facilities to serve development; Coordinate and document the design of public and private improvements to be constructed; Prevent or mitigate adverse development impacts, including overcrowding and congestion; Aid evaluation and coordination of land subdivision, including the granting of easements, Rightof-Way, development agreements and provision of surety; Identify and address environmental concerns (floodplain, drainage, trees, topography, etc.); and Promote the public health, safety and welfare. D. Exempted Development Types The following types of development are exempted from the requirements of this Site Plans: 1. Agricultural buildings; 2. Residential dwellings with four (4) or fewer units; and 3. A Temporary Building as permitted by Use Chart. E. Submission of Site Plan Applications 1. Coordinating Official Applications for approval of plans required by this Site Plans must be submitted to the Director of Planning. 2. Calendar of Official Processing Dates A calendar of official processing dates for items requiring Director of Planning review, Planning and Zoning Commission recommendation, and City Council approval pursuant to this Site Plans shall be published by the City thirty (30) calendar days prior to the beginning of each calendar year. 3. Late Application Processing Date All Applications required by this Site Plans filed on a date other than an official processing date shall be processed according to the schedule established by the subsequent official processing date appearing on the calendar after the filing date and after the date of receipt of the Application. 170 Section 2. Zoning Regulations

181 4. Other Regulations for Applications Applications are also governed by Applicability, Completeness, and Expiration. F. Fees, Forms, and Procedures 1. Schedule of Fees The fees relating to the Site Plan approval process shall be established by the Fee Schedule. 2. Delinquent Taxes and Noncompliance No Site Plan shall be approved for properties with delinquent City taxes or other noncompliance issues. 3. Procedures, Forms, and Standards The Director of Planning shall establish procedures, forms, and standards with regard to the content, format and number of copies of information constituting an Application for a Site Plan. G. Site Plan Application Procedure and Requirements 1. Site Plan Pre-Application Before preparing a Site Plan, the Applicant may meet with the Director of Planning to allow the Applicant to learn the general procedures for approval and to review the concept of the proposed development, if desired by Applicant. See Subsection Pre-Application Meeting. No Application for a permit may be submitted to or accepted for filing with the Director of Planning during the meeting. 2. Site Plan General Application The property owner or authorized agent shall file an Application for the approval of a Site Plan. This Application shall include the information listed on the Site Plan Application Form and Checklist, which shall be created and maintained by the Director of Planning. 3. Site Plan Additional Requirements The following plans shall be submitted with a Site Plan Application and approval is necessary prior to final authorization for development: Final Plat or Replat, Construction Plans, Traffic Impact Analysis, if applicable, Tree Removal Permit and Tree Preservation Plan, if applicable, Landscape plans, Flood Study, if required, or Other approvals as required by City, State, or Federal codes or laws. 4. Site Plan Standards of Approval The City Council or Director of Planning, using the review and approval process outlined in B.1 and B.2 above, may approve, conditionally approve, table, or deny a Site Plan based upon the criteria listed below. Compliance with the UDC Zoning Regulations and other applicable regulations and previously approved, valid plans for the property. Subsection Zoning Procedures 171

182 The design and location of off-street parking and loading facilities to ensure that all such spaces are usable and are safely arranged. The width, grade and location of streets designed to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings. The use of landscaping and screening to provide adequate buffers to shield lights, noise, movement or activities from adjacent properties when necessary, and to complement the design and location of buildings and be integrated into the overall site design. The location, size and configuration of open space areas to ensure that such areas are suitable for intended recreation and conservation uses. Protection and conservation of soils from erosion by wind or water or from excavation or grading. Protection and conservation of water courses and areas subject to flooding. The adequacy of streets, water, drainage, wastewater, storm water facilities, garbage disposal and other utilities necessary for essential services to residents and occupants. The design of adjacent public street improvements and Right-of-Way including existing or proposed deceleration lanes, median openings and left turn bays, location of driveways, drive aisles, cross access between internal developments, and access to properties adjacent to the subject site. The City shall not take action on a Site Plan for property where City taxes are delinquent. 5. Site Plan Effect Approval of a Site Plan is the City s authorization to apply for approval of a Building Permit and to receive approval of Construction Plans. During the time the Site Plan remains valid, the City shall not apply any additional requirements concerning building placement, streets, drives, parking, landscaping or screening. Site Plan approval is separate and distinct from other permits and approvals that may be required by the City and other regulatory agencies. Approval of a Site Plan shall not affect other applicable regulations concerning development and land use. Except where authorized by ordinance or development agreement, a Site Plan shall not be used to approve a Zoning Variance to development regulations. 6. Site Plan Lapse Two (2) Year Effective Period i. The approval of a Site Plan shall be effective for a period of two (2) years from the date of filing of the Application with the Director of Planning. At the end of this time, the Site Plan shall expire unless the Applicant demonstrates to the Director of Planning that progress has been made towards completion of the project for which the Site Plan was approved. ii. Submission and receipt of approval of Construction Plans and Building Permits prior to expiration of the Site Plan shall be evidence of progress towards completion. 172 Section 2. Zoning Regulations iii. However, if Construction Plans and Building Permits have been approved only for a portion of the property or if the progress towards completion is only for a portion of the property or improvements, the Site Plan for the remaining property or improvements shall expire unless otherwise agreed to in a development agreement.

183 Expired Site Plans i. For all expired Site Plans, the Applicant shall be required to submit a new Site Plan subject to the then existing regulations (see G above). ii. Site Plan approval shall expire upon completion of the improvements shown on the plan. Permits must remain valid during the construction process. iii. Subsequent additional development, site modifications and redevelopment shall be permitted in accordance with I below and shall be considered a new project subject to the then existing ordinances, laws and regulations of the City. H. Revocation of Site Plan Approval The City may revoke approval of a Site Plan if it determines that the conditions of the approval have not been met or if the plan contains, or is based upon, incorrect information or if it is determined that it was obtained using fraud or deceit. I. Additional Development, Site Modifications, or Redevelopment Following the completion of improvements shown on an approved Site Plan, additional development, site modifications, or redevelopment of the site shall be permitted subject to the approval of a revised Site Plan, which shall be considered a new project and shall require submittal of a revised Site Plan and the approval of the City Council under the regulations, requirements and procedures then in effect. J. Design Standards and Specifications The following design standards and specifications, as they exist or may be amended, are required in addition to the design standards and specification set forth in this UDC: 1. Zoning Regulations; 2. Subdivision Regulations; 3. Fire Code; 4. Engineering Criteria Manual; 5. Any design standards and specifications approved by the City Council following the enactment of this provision; and 6. Building Code. K. Three-Fourths City Council Vote Required for Planning and Zoning Commission Denial If the Planning and Zoning Commission has recommended denial of a Site Plan for a Specific Use Permit, a three-fourths (3/4) vote of City Council is required to approve the Application. Subsection Zoning Procedures 173

184 Planned Development (PD) Regulations and Procedures A. General 1. Planned Development (PD) Establishment An Application for a Planned Development (PD) zoning district shall be made to the Planning and Zoning Commission and City Council in the same manner that an Application for any Zoning Map Amendment (Rezoning) is made. 2. Submission of PD Related Plats and Site Plans The subsequent Applications for Plats and Site Plans within an established Planned Development (PD) shall be reviewed and approved separately and independently in accordance with established procedures. 3. Area Requirement for a Planned Development (PD) Minimum of two (2) contiguous acres. May be less than two (2) acres when carrying out the recommendations of the Comprehensive Plan, as determined by City Council and affirmed in the Planned Development (PD) documents. B. Planned Development (PD) Submission Requirements 1. The Developer or builder of a PD shall follow a five (5) step procedure: Step 1. Pre-Application Meeting Step 2. PD Application for Rezoning and Planned Development Master Plan Step 3. Preliminary Plat, (if applicable) Step 4. Final Plat (if applicable) Step 5. Site Plan 2. Approvals Needed before Proceeding Each step must be completed and approved before the following step is reviewed. Where appropriate, other methods authorized in the Subdivision Regulations and Development Standards may be substituted in Step 3. Preliminary Plat and Step 4. Final Plat (e.g., an Amending Plat or Minor Plat). The Planning and Zoning Commission and City Council may, however, review more than one step at the same public hearing. 3. Public Hearings (Rezonings and Plats) Public hearings shall be held on the Zoning Map Amendment (Rezoning) Application and the Planned Development Master Plan in accordance with regular procedures for zoning Applications. Public hearings on required Plats shall be held in accordance with regular procedures established in the Subdivision Regulations and Development Standards. C. Planned Development (PD) Steps for Creation and Development 1. Step 1. Pre-Application Meeting The intent of this step is to expedite and facilitate the approval of a Planned Development Master Plan. 174 Section 2. Zoning Regulations

185 At least ten (10) business days prior to submission of an Application for Zoning Map Amendment (Rezoning) to a Planned Development (PD), the Applicant shall submit to the Director of Planning a Sketch Plan drawn to approximate scale showing streets, lots, public areas, and other significant features. The Applicant shall execute an acknowledgement that the Pre-Application Meeting does not initiate a vested right. The Applicant should discuss with the Director of Planning the procedure for adopting a Planned Development (PD) and the requirements for the general layout of streets and utilities, access to Arterials, or general design and narrative, the availability of existing services, and similar matters. The Director of Planning shall also advise the Applicant, where appropriate, to discuss the proposed Planned Development (PD) with those officials charged with responsibility to review the various aspects of the proposal coming within their jurisdiction. 2. Step 2. PD Application for Rezoning and Planned Development Master Plan Procedures and Requirements i. The PD Zoning Map Amendment (Rezoning) Application shall be filed in accordance with regular procedures and on Application forms of the City. ii. The Planned Development Master Plan, which is submitted with the Application for rezoning, shall consist of two components: (a) PD Design Statement and (b) PD Concept Design Map iii. The Applicant shall also provide other supporting maps as necessary to meet the submission requirements of this UDC. PD Design Statement The PD Design Statement shall be a written report containing a minimum of the following elements: i. Title of PD; ii. List of the owners or Developers; iii. Statement of the general location and relationship to adjoining land uses, both existing and proposed; iv. Description of the PD concept, including an acreage or square foot breakdown of land use areas and densities proposed, a general description proposed, a general description of building use types, proposed restrictions, and typical site layouts; v. The existing PD zoning districts in the development area and surrounding it; vi. Selection of one conventional zoning district as a base zoning district to regulate all uses and development regulations not identified as being modified (multiple base zoning districts may be selected to accommodate a mixture of land uses in different geographic areas); vii. A list of all applicable special development regulations or modified regulations to the base zoning district; plus a list of requested Subdivision Waivers to the Subdivision Regulations and Development Standards or other applicable development regulations; viii. A statement identifying the existing and proposed streets, including Right-of-Way standards and street design concepts; Subsection Zoning Procedures 175

186 ix. The following physical characteristics: elevation, slope analysis, soil characteristics, tree cover, and drainage information; x. A topographic map with minimum five (5) foot contour intervals; xi. Drainage information, including number of acres in the drainage area and delineation of applicable flood levels; xii. A statement of utility lines and services to be installed, including lines to be dedicated to the City and which will remain private; xiii. The proposed densities, and the use types and sizes of structures; xiv. A description of the proposed sequence of development; and xv. Any additional materials or information deemed necessary by the City to further the purpose of the PD. PD Concept Design Map i. The PD Concept Design Map shall be a graphic representation of the development plan for the area of a Planned Development (PD). ii. The Director of Planning shall establish an Application form outlining all requirements of the PD Concept Design Map and shall be responsible for maintaining and revising the Application form. Approval of the Planned Development Master Plan i. Upon final approval by the City Council of the Planned Development Master Plan and the appropriate ordinance of rezoning, these elements shall become a part of the Zoning District Map. ii. The ordinance of rezoning shall adopt the Planned Development Master Plan by reference, and it shall be attached to said ordinance and become a part of the official records of the City. Expiration of Planned Development Master Plan i. If, after two (2) years from the date of approval of a Planned Development Master Plan, no substantial development progress has been made within the Planned Development (PD), then the Planned Development Master Plan shall expire unless otherwise agreed to by development agreement. ii. If a Planned Development Master Plan expires, a new Planned Development Master Plan must be submitted and approved according to the procedures within this section. (a) An extension to the two (2) year expiration shall be granted if a development Application for the Planned Development (PD) has been submitted and is undergoing the development review process or if the Director of Planning determines development progress is occurring. Use and Development of the Property After adopted by City Council, the Planned Development Master Plan shall control the use and development of the property, and all building permits and development requests shall be in accordance with the plan until it is amended by the City Council. 3. Step 3. Preliminary Plat 176 Section 2. Zoning Regulations

187 If subdivision of land is to occur, then after City Council approval of the Zoning Map Amendment (Rezoning) with the associated Planned Development Master Plan, the Developer shall prepare a Preliminary Plat for the entire development area. Where a recorded Plat exists and where there will be no extensive easements, no Homeowners or Property Owners Associations, no plat restrictions, and no sale of lots that do not conform to the platted lot lines, the City Council may waive the platting requirement. 4. Step 4. Final Plat Where a subdivision Plat is required, the Developer shall prepare a Final Plat for review, approval, and filing of record according to procedures established by the City Council. In addition to these procedures, the Final Plat shall include: i. Provisions for the ownership and maintenance of common open space and detention/retention ponds. Said open space shall be dedicated to a private association or dedicated to the public provided that a dedication to the public shall not be accepted without the approval of the City Council. ii. A Homeowners or Property Owners Association shall be created if other satisfactory arrangements have not been made for improving, operating, and maintaining common facilities, including private street drives, fire lanes, service and parking areas, and recreation areas. If no Plat is required, then proof of the items identified in subparagraphs a.i and a.ii above shall be submitted and approved as a part of the Planned Development Master Plan at the time the Zoning Map Amendment (Rezoning). 5. Step 5. Site Plan A Site Plan shall be submitted upon the Application for a Building Permit and reviewed in accordance with procedures established in Site Plans. D. Planned Development (PD) Modifications 1. Minor PD Amendment and Adjustment The Director of Planning may approve or defer to City Council consideration of a Minor PD Amendment and Adjustment to the Planned Development Master Plan provided all of the following conditions are satisfied: The project boundaries are not altered. Uses other than those specifically approved in the Planned Development Master Plan are not added. Uses may be deleted but not to the extent that the character of the project is substantially altered from the character described within the PD Design Statement. The allocation of land to particular uses or the relationship of uses within the project are not substantially altered. The density of housing is not increased more than ten (10) percent or decreased by more than thirty (30) percent. The land area allocated to nonresidential uses is not increased or decreased by more than ten (10) percent. Floor Area, if prescribed, is not increased or decreased by more than ten (10) percent. Floor Area ratios, if prescribed, are not increased. Open space ratios, if prescribed, are not decreased. Subsection Zoning Procedures 177

188 2. Director of Planning Approval E. Reversion The Director of Planning shall determine if proposed amendments to an approved Planned Development Master Plan satisfy the above criteria. If the Director of Planning finds that these criteria are not satisfied, an amended Planned Development Master Plan shall be submitted for full review and approval according to the procedures set forth in these regulations. 1. Property Owner Request If the property owner decides to abandon the PD concept and nullify the Planned Development Master Plan, he/she shall make application for rezoning either to the original status or to a new classification. Said Application shall be heard according to regular rezoning procedures by the Planning and Zoning Commission and City Council. 178 Section 2. Zoning Regulations

189 Specific Use Permit (SUP) Regulations and Procedures A. General The uses listed under the various districts within the Use Chart as S or Specific Use Permit (SUP) are so classified because they may have adverse effects or more intensely dominate the area in which they are located than do other uses permitted in the district. B. Specific Use Permit (SUP) Application Process 1. Procedures for Processing an SUP The Director of Planning shall initiate review of the SUP. Planning and Zoning Commission shall review and recommend approval, approval with conditions, or denial of the SUP to the City Council. After receiving recommendation from Planning and Zoning Commission, City Council shall approve, approve with conditions, or deny the SUP. Although the approval of the SUP does not change the zoning classification. Both Planning and Zoning Commission and City Council shall provide the required public hearing and notice in accordance with Public Hearings and Notification Requirements. 2. Compatibility Conditions The Planning and Zoning Commission and City Council may require conditions and safeguards as necessary to protect adjoining property. A use allowed by an SUP shall be in general conformance with the Comprehensive Plan and contain such requirements and safeguards as are necessary to protect adjoining property. 3. Required Information Each Application shall be accompanied by a Site Plan (see Site Plans) and such other information as is required by this UDC. The Planning and Zoning Commission or City Council may require additional information, operating data and expert evaluation concerning the location and function and characteristics of any building or use proposed. C. Specific Use Permit Regulations 1. In recommending that an SUP for the premises under consideration to be granted, the City Council shall determine that such uses are harmonious and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration, and shall consider the following factors: Safety of the motoring public and of pedestrians using the facility and the area immediately surrounding the site; Adequate means of ingress and egress to public streets or approved access easements and appropriate paving widths of streets, alleys and sidewalks to accommodate traffic generated by the proposed use; Provisions for drainage; Adequate off-street parking and loading; Safety from fire hazard and measures for fire control; Subsection Zoning Procedures 179

190 Protection against negative effects of noise, glare and lighting on the character of the neighborhood, protective screening and open space; Heights of structures; and Compatibility of buildings and such other measures as will secure and protect the public health, safety, and general welfare. 2. In granting an SUP, the City Council may impose conditions and time limits which shall be complied with by the owner or grantee before a Certificate of Occupancy may be issued by the Building Official for use of the building on such property pursuant to such SUP, and such conditions are precedent to granting of the Certificate of Occupancy. D. Acceptance and Agreed Compliance by the Applicant, Owner, and Grantee No SUP shall be granted unless the Applicant of the SUP shall be willing to accept and agree to be bound by and comply with the ordinance adopting the SUP, as well as the attached Site Plan drawings approved by the City Council and shall comply with the minimum requirements provided in the zoning district in which the property is located. E. Specific Use Permit Expiration and Extension 1. SUP Expiration A SUP shall automatically expire if a building permit is not issued and construction begun within six (6) months of the granting of the SUP. 2. Specific Use Permit Extension The City Council may authorizes an extension beyond the six (6) months upon recommendation by the Director of Planning. F. Amendments Required for Changes No building, premise, or land used under an SUP may be enlarged, modified, structurally altered, or otherwise significantly changed, unless an amendment to the approved SUP is granted for such enlargement, modifications, structural alteration, or change. G. Prohibition of Board of Adjustment Action The Board of Adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the granting, extension, revocation, modification or any other action taken relating to such SUP. 180 Section 2. Zoning Regulations

191 Designation of and Development in Historic Overlay (O-H) District or of a Historic Landmark A. Applicability This section applies to all properties and development designated or that may be designated in the future as a historic landmark or located within a Historic Overlay (O-H) District. B. Authority This section is authorized through: 1. Chapter 211 of Texas Local Government Code, which authorizes zoning functions and procedures for municipalities; 2. Section (b) of Texas Local Government Code, which provides that in the case of designated places and areas of historical, cultural, or architectural importance and significance, the governing body of a municipality may regulate the construction, reconstruction, alteration, or razing of buildings and other structures; 3. Section (a) of Texas Local Government Code, which authorizes the governing body of a municipality to divide the municipality into districts, within which the governing body may regulate the erection, construction, reconstruction, alteration, repair, or use of buildings, other structures, or land and within which zoning regulation must be uniform for each class or kind of building in a district; however, zoning regulations may vary from district to district; 4. Section of Texas Local Government Code provides additional authority to preserve substandard buildings as historic property which applies only to a municipality that is designated as a Certified Local Government by the State Historic Preservation Officer as provided by 16 U.S.C.A. Section 470 et seq. C. Purpose and Intent As a matter of public policy, the protection, enhancement and perpetuation of landmarks and districts of historical and cultural importance and significance is necessary to promote the economic, cultural, educational, and general welfare of the public. This section is intended to: 1. Protect and enhance the landmarks and districts which represent distinctive elements of Buda s historic, architectural and cultural heritage; 2. Foster civic pride in the accomplishments of the past; 3. Protect and enhance Buda s attractiveness to visitors and the support and stimulus to the economy thereby provided; 4. Ensure the harmonious, orderly, and efficient growth and development of the City that is sensitive to its historic resources; 5. Promote economic prosperity and welfare of the community by encouraging the most appropriate use of historic properties within the City; 6. Encourage stabilization, restoration and improvements of such properties and their values by offering incentives for rehabilitation. D. Criteria for Designation of Historic Landmarks or Historic Overlay (O-H) District 1. An individual Landmark may designated if it is at least fifty (50) years old and it substantially complies with two or more of the following: Subsection Zoning Procedures 181

192 182 Section 2. Zoning Regulations Listed as Recorded Texas Historic Landmarks (RTHL), State Archeological Landmark (SAL) or listed on the National Register of Historic Places (NR) Possesses significance in history, architecture, archeology and culture; Is associated with events that have made a significant contribution to the broad patterns of local, regional, state, or national history; Is associated with events that have made a significant impact in our past; Represents the work of a master designer, builder or craftsman; Embodies the distinctive characteristics of a type, period or method of construction; Represents an established and familiar visual feature of the City; 2. A District may be designated if it substantially complies with both of the following: Contains properties and an environmental setting which meet two or more of the criteria for designation of a landmark, and; Constitutes a distinct section of the City. E. Designation of Historic Landmarks and Districts 1. The procedure for designating a Historic Landmark or to establish or amend a Historic Overlay (O-H) District may be initiated by the City (City Council, City Staff or the Historic Preservation Commission), or by the individual property owner(s), or by at least twenty (20) percent of the residents of the potential District. An application for Determination of Significance shall be made on forms as prescribed by the City and shall be filed with the Historic Preservation Officer. Buildings, structures, sites or areas located within the City which substantially complies with the criteria found in D above may be recommended to the City Council as Landmarks or Districts by the Historic Preservation Commission. The application shall contain: Name, address, telephone number of applicant, and physical address of the individual property; or the name, address, telephone number of applicant, and a signed petition of at least twenty (20) percent of the proposed area; Site plan of the individual property or map indicated the geographic boundaries of the proposed area showing all affected buildings and/or structures; Detailed historic description and background on the property or area; Current photographs of the overall property or area along with any historical photographs, if available; Any other information which the City may deem necessary. 2. Interim Control during Historic District or Historic Landmark Consideration An individual property or area that is under review for designation as a Historic Landmark or within an area proposed for designation to the Historic Overlay (O-H) District shall be protected by and subject to all of the provisions of this Section governing demolition, minimum maintenance standards and penalties until a final decision becomes effective. However, alterations, removal, or demolition is authorized by formal action of the Director of Planning as necessary for preservation of the public health, welfare, or safety as provided for in this Code. 3. Procedure for Designation or Amendment of Historic Overlay (O-H) Districts The procedure for the designation of a historic district in the City is as follows: Historic Preservation Commission Public Hearing and Recommendation

193 i. The Historic Preservation Commission shall hold a public hearing to consider the Historic Overlay (O-H) District or Historic Landmark designation. At the hearing, owners, interested parties and experts may testify and present documents for or against such designation, which will become part of the record of the proposed historic district. The burden of proof shall be upon the applicant. ii. The Historic Preservation Commission may recommend the designation of a Historic Overlay (O-H) District or Historic Landmark designation if the Criteria for Designation of Historic Landmarks or Historic Overlay (O-H) District as described in D above are satisfied. iii. The recommendation of the Historic Preservation Commission regarding the proposed Historic Overlay (O-H) District or Historic Landmark designation shall be forwarded to the Planning and Zoning Commission within forty-five (45) days of the date of the public hearing. Denials may be appealed directly to City Council in accordance with Section d below. Planning and Zoning Commission Public Hearing and Recommendation The Planning and Zoning Commission shall conduct a public hearing on the proposed Historic Overlay (O-H) District or Historic Landmark designation within forty-five (45) days of receipt of the recommendation of the Historic Preservation Commission. The Planning and Zoning Commission shall review the application to ensure that the recommended designation will not pose a conflict with the underlying land use zoning and shall forward its recommendation to City Council within forty-five (45) days of its hearing. City Council Public Hearing and Decision i. The City Council shall schedule a public hearing on the joint recommendation from the Historic Preservation Commission and the Planning and Zoning Commission within fortyfive (45) days of its receipt of the recommendation. Significance shall be considered only on the record made before the Historic Preservation Commission and the Planning and Zoning Commission. ii. Upon the designation of a Historic Overlay (O-H) District or Historic Landmark, the City Council shall cause the designation to be recorded in the official public records of real property in Hays County, the tax records of the City, and the Hays County Appraisal District as well as the official zoning map of the City. iii. Upon the designation of a building, site or structure as a Historic Landmark or Historic Overlay (O-H) District, the Historic Preservation Commission shall provide for a suitable sign or marker on or near the property, at the applicant s expense, indicating that the property is so designated. The applicant or any persons adversely affected by any determination of the Historic Preservation Commission may appeal the decision to City Council. Appeal requests shall be on forms as prescribed by the City and shall be filed with the Historic Preservation Officer within seven (7) days of the Historic Preservation Commission s decision and scheduled for the next available regularly scheduled City Council meeting. The City Council shall conduct a public hearing. Appeals to the City Council shall be considered only on the record made before the Historic Preservation Commission, and may only allege that the Historic Preservation Commission s decision was arbitrary, capricious or illegal. The burden of proof shall be upon the applicant or any persons that requested the appeal. 4. Amending or Rescinding of Historic Designation Subsection Zoning Procedures 183

194 A landmark or district designated as historic may be amended or rescinded in the same manner and process as the original designation was made, with the following modifications to process and criteria for recension of a designation: Any reconsideration of a previous listing or evaluation shall employ or examine the designation criteria set forth in D above; The Historic Preservation Commission shall not take final action on such recension without first hearing the recommendation of the Historic Preservation Officer on the proposed reevaluation and also giving fifteen (15) days prior notice to the owner of the subject property under consideration of the possible change and the date of the Historic Preservation Commission meeting when the members will consider the proposed recension. The Historic Preservation Commission may take into account the state of repair of the site in such reevaluation. Further, the Historic Preservation Commission may consider the extent of the owner s utilization of external financial resources or exemptions towards financing the rehabilitation or maintenance of the subject property. 5. Notification Requirements for Public Hearings Regarding Designation of Historic Landmarks and Districts Published Notice Notice of all public hearings required herein must be published before the fifteenth (15 th ) day before the public hearing in accordance with C.2.a Published Notice. Written Notice Written notice of all public hearings required herein must be mailed to property owners within two hundred (200) feet of the proposed historic district area or historic landmark before the fifteenth (15 th ) day before the public hearing in accordance with C.2.b Written Notice for Protest (also referred to as Mailed Notice ). F. Minimum Maintenance Standards No owner or person with an interest in real property designated as a Historic Landmark or a property located within a Historic Overlay (O-H) District shall permit the property to fall into a serious state of disrepair so as to result in the significant deterioration of any exterior architectural feature which would, in the judgment of the Historic Preservation Commission, create a detrimental effect upon the historic character of the Historic Landmark or Historic Overlay (O-H) District. Examples of serious disrepair or significant deterioration include: 1. Deterioration of exterior walls, foundations, or other vertical support that causes leaning, sagging, splitting, listing or buckling; 2. Deterioration of external chimneys that causes leaning, sagging, splitting, listing or buckling; 3. Deterioration or crumbling of exterior plaster finishes, surfaces or mortars; 4. Ineffective waterproofing of exterior walls, roofs, and foundations, including broken windows or doors; 5. Defective protection of lack of weather protection for exterior wall and roof coverings, including lack of paint, or weathering due to lack of paint or other protective covering; 6. Rotting, holes, and other forms of material decay; 7. Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, and architectural details that causes delamination; 184 Section 2. Zoning Regulations

195 8. Deterioration that has a detrimental effect upon the special character of the Historic Overlay (O-H) District as a whole or the unique attributes and character of the contributing structure; 9. Deterioration of any exterior feature so as to create or permit the creation of any hazardous or unsafe conditions to life, health, or other property. G. Procedure to Mitigate Demolition by Neglect Demolition by Neglect refers to the gradual deterioration of a property when routine or minimum maintenance is not performed. The Historic Preservation Officer and various City departments work together in an effort to reduce Demolition by Neglect involving Landmarks or properties located within Districts within the City. A Demolition by Neglect citation as determined by the Historic Preservation Commission may be issued against the owner of the property for failure to comply with the minimum maintenance standards (F above) by permitting the subject property to exhibit serious disrepair or significant deterioration as outlined in this Section. 1. Due to the time consuming nature of pursuing enforcement under this section, no more than one property will be under consideration during each of the following quarters (January-March, April- June, July-September, and October-December). 2. While the Historic Preservation Officer will act as the point of contact, appropriate City staff shall, when needed, assist with inspections. 3. The procedure for citing a property for Demolition by Neglect shall be as follows: Initial identification is made by visual inspection of the area by the Historic Preservation Officer or a Historic Preservation Commission member or by referral from someone in the area. All referrals shall be made in writing and shall be submitted to the Historic Preservation Officer. Once the initial identification is made, followed by a preliminary determination by the Historic Preservation Officer, the property owner shall be notified by US mail of the defects of the building and informed of various incentive programs that may be available for repair. The owner is given thirty (30) days in which to respond to the preliminary determination by submitting a stabilization proposal to Historic Preservation Officer. The stabilization proposal will be presented to the Historic Preservation Commission at the next available meeting. If the Historic Preservation Commission approves the proposal, a Certificate of Appropriateness (if necessary) may be issued administratively by the Historic Preservation Officer. The approval will detail the specific work which is necessary to correct the Demolition by Neglect conditions, as well as a time period to begin and complete the work. The Historic Preservation Officer shall update the Historic Preservation Commission on the status of the property every thirty (30) days once work begins on the property. If the property owner receives the letter regarding the preliminary determination, but fails to respond, a second notice shall be sent in the same manner as described above. If the property owner fails to receive and/or respond to the letter regarding the preliminary determination after two (2) attempts, the matter returns to the Historic Preservation Commission for a citation hearing. The Historic Preservation Officer shall send a third notice via certified mail informing the owner of the hearing, the property is posted with a notice of the violation in accordance with the provisions of this Section, and a public hearing on the citation is scheduled. At the public hearing the owner is invited to address the Historic Preservation Commission concerns and to show cause why a citation should not be issued. The Historic Preservation Commission may take action to approve any proposed work, defer the matter to give the owner more time either to correct the deficiencies or make a proposal for stabilization, or issue Subsection Zoning Procedures 185

196 a citation to the owner of the property for failure to correct the Demolition by Neglect conditions. If the owner is cited for the condition of Demolition by Neglect of the property, he is given fourteen (14) days to submit a stabilization proposal to the Historic Preservation Officer, and at the discretion of the Historic Preservation Commission, up to one (1) year to correct the defects. The Historic Preservation Officer shall update the Historic Preservation Commission on the status of the property every thirty (30) days once work begins on the property. If the owner does respond with a stabilization proposal, the matter is turned over to the City Attorney's office for action in Municipal Court. H. Ordinary Maintenance 1. Nothing in this Section shall be construed to prevent the Ordinary Maintenance and repair of any exterior architectural feature of a landmark or property within a historic district which does not involve a change in design, material, or outward appearance that require the issuance of a building permit. In-kind repair/replacement and repainting is included in this definition of Ordinary Maintenance unless painting involves an exterior masonry surface that was not previously painted. 2. Emergency maintenance and temporary repair may be authorized by the City, provided said maintenance does not permanently alter the unique features of the historic landmark or district in which it is located, and that, within thirty (30) days, the owner of record applies for the appropriate permits, including the Certificate of Appropriateness, to make permanent repairs. I. Certificates of Appropriateness for Alterations or New Construction Affecting Landmarks or Historic Districts No person shall carry out any construction, reconstruction, alteration, restoration, rehabilitation, or relocation of any Landmark or any property within a District. No person shall make any material change in the light fixtures, signs, sidewalks, fences, steps, paving, or other exterior elements visible from a public right-of-way which affect the appearance and cohesiveness of any Landmark or any property within a District without a Certificate of Appropriateness application. Exterior temporary items obscuring the façade from the right-of-way shall not exempt a person from this provision. The application must be reviewed and approved by the Historic Preservation Officer or the Historic Preservation Commission prior to the issuance of any building permit involving any Landmark or property located within a District. The application shall be required in addition to, and not in lieu of, any required building permit. J. Review Criteria for Certificates of Appropriateness for Alterations or New Construction Affecting Landmarks or Historic Districts 1. In considering an application for a Certificate of Appropriateness, the Historic Preservation Officer and the Historic Preservation Commission shall review it for compliance with The Secretary of the Interior s Standards for Rehabilitation and any applicable adopted Design Guidelines previously ratified by the City Council. 2. All review criteria shall be made available to the applicant, property owners of Landmarks and properties located within Districts. The Historic Preservation Commission shall promulgate and make recommendations to update the adopted Design Guidelines as necessary, provided that the changes do not pose a conflict with underlying land-use zoning and the changes do not take effect until ratified by the City Council. 186 Section 2. Zoning Regulations

197 K. Procedure for Certificates of Appropriateness for Alterations or New Construction Affecting Landmarks or Historic Districts The procedure for obtaining a Certificate of Appropriateness may be initiated by the City for all Cityowned Landmarks or proposed work within a District, or by the individual property owner(s) of the subject Landmark or for a property located within a District. The application must be submitted, reviewed and approved by the Historic Preservation Officer or the Historic Preservation Commission prior to the commencement of any work. An application for Certificate of Appropriateness shall be made on forms as prescribed by the City. Historic Preservation Commission design review affecting Landmarks and properties located in Districts shall occur as follows: 1. Upon receipt of a completed Certificate of Appropriateness application as determined by the Historic Preservation Officer, the Historic Preservation Officer shall review the application to determine completeness and for a preliminary determination of compliance with the Secretary of the Interior Standards for Rehabilitation and any applicable adopted Design Guidelines. The applicant is encouraged to schedule a meeting with the Historic Preservation Officer prior to the submittal of an application to discuss the proposed work and get initial design direction. 2. Following determination of completeness and a preliminary determination of compliance, the Historic Preservation Officer shall determine if the case can be reviewed administratively (in accordance with L below) or shall schedule a public hearing and consideration at the next available regularly scheduled Historic Preservation Commission meeting. All review criteria and the formal written report to the Historic Preservation Officer shall be made available to the applicant prior to consideration. 3. The Historic Preservation Commission shall review the application at a public meeting. At that time, the applicant shall have an opportunity to be heard, present testimony and evidence to demonstrate that the proposed work is in compliance with the Secretary of the Interior Standards for Rehabilitation and any adopted Design Guidelines. Other interested parties and technical experts may also present testimony or documentary evidence which will become part of a record. The burden of proof shall be upon the applicant. 4. The Historic Preservation Commission may take action to approve, postpone requesting additional information, or deny the application. If the Historic Preservation Commission has not taken action to approve or deny the application within ninety (90) days of the original application being determined complete by the Historic Preservation Officer, a Certificate of Appropriateness shall be deemed issued and the Historic Preservation Officer shall so advise the applicant in writing. 5. If approved, the Historic Preservation Officer shall issue a Certificate of Appropriateness to the applicant with the written findings of fact, conclusions of law and any specific conditions of approval (if any) supporting the decision. The Historic Preservation Officer shall also forward the Historic Preservation Commission decision to the appropriate City personnel. Any specific conditions of approval made by the Historic Preservation Commission shall be attached to the construction documents prior to the issuance of any building permits. No subsequent changes shall be made to the approved design without the prior review and approval of the Historic Preservation Officer or Historic Preservation Commission. An applicant shall have one (1) year from the date of issuance of a Certificate of Appropriateness to secure a building permit for the specified improvements or it shall become null and void. 6. If the Historic Preservation Commission finds the proposed work will have an Adverse Effect on the Landmark, or property located within a District, or if the proposed work is inconsistent with the Secretary of the Interior Standards for Rehabilitation or any applicable adopted Design Guidelines, the Historic Preservation Commission shall advise the applicant at the meeting of the disapproval of the application and of any changes to the application which are necessary to approval of the same. Subsection Zoning Procedures 187

198 188 Section 2. Zoning Regulations Within five (5) days following the meeting, the Historic Preservation Officer shall provide the applicant noticing in writing of the disapproval of the application and of any changes to the application which are necessary for approval of the same. A Certificate of Appropriateness application that has been denied may not be resubmitted without incorporating changes to the application which are necessary for approval of the same. 7. The applicant or any persons adversely affected by the action of the Historic Preservation Commission may appeal the decision to the City Council. Appeal requests shall be filed in writing to the Historic Preservation Officer within ten (10) days of the Historic Preservation Commission decision. The Historic Preservation Officer must schedule the appeal at the next available regularly scheduled City Council meeting. Appeals of decisions made under Administrative Review will be heard by the Historic Preservation Commission at their next regularly scheduled meeting. 8. Appeals to the City Council shall be considered only on the record made before the Historic Preservation Commission, and may only allege that the Historic Preservation Commission decision was arbitrary, capricious, or illegal. L. Certificate of Appropriateness - Administrative Review Applications for certain minor alterations, additions, and repairs may be reviewed and approved administratively by the Historic Preservation Officer without review by the Historic Preservation Commission. Those activities will be determined on a case by case basis by the Historic Preservation Officer. M. Demolition of Landmarks It is the intent of this and succeeding sections to preserve the historic and architectural resources of the city through limitations on demolition and removal of Landmarks to the extent it is economically feasible practical and necessary. The demolition or removal of historic buildings structures and sites in the city diminishes the character of the city s historic Districts and it is strongly discouraged. Instead the city recommends and supports preservation rehabilitation and relocation within the historic district. It is recognized however that structural deterioration, economic hardship and other factors not entirely within the control of the property owner may result in the necessary demolition or removal of a historic building structure or site. All demolition permits require a sixty (60) day stay of demolition to allow for exploration of options to preserve the structure. 1. Removal or repair of hazardous or dangerous Landmarks. If the building official determines a Landmark to be structurally unsound and a hazardous or dangerous building pursuant to the provisions found in the city s adopted building code, the building official shall be required to provide written notice to the Historic Preservation Commission of the ordered removal or repair of the Landmark prior to taking such action. The provisions contained in Section of the Texas Local Government Code provides additional authority to the city to preserve substandard historic buildings and are effective immediately upon designation as a Certified Local Government by the US Department of the Interior, National Park Service and Texas State Historic Preservation Officer as provided by 16 U.S.C., Section 470 et seq.; and The property owner(s) of the demolished Landmark removed under this procedure is subject to the penalties found in this Code. N. Certificates of Appropriateness for Demolition Affecting Landmarks or Historic Districts No person shall carry out the demolition of a Landmark or property within a District, including secondary buildings and landscape features that are not previously deemed a hazardous or dangerous building by the building official, or without the review and approval of a Certificate of Appropriateness

199 for Demolition application by the Historic Preservation Commission. The application shall be required in addition to, and not in lieu of, any required building permit. 1. In the absence of a determination by the building official of the subject property as a hazardous or dangerous building, the Historic Preservation Commission may consider an application for a Certificate of Appropriateness for Demolition of a Landmark or property located within a District, only if it meets compliance with one of the following: The subject property of the application is not a recognized Landmark; The subject building, structure or object is not an accessory building and/or landscape feature that is integral to the historic interpretation or integrity of the Landmark; The applicant is requesting a Certificate of Appropriateness for Demolition of a Landmark on the basis of Economic Hardship and the Historic Preservation Commission finds that the applicant meets the criteria of Economic Hardship pursuant to P below. The subject building, structure or object has lost its architectural significance and integrity over time for reasons not entirely within the control of the current or previous property owner(s). O. Procedure for Certificates of Appropriateness for Demolition Affecting Landmarks or Historic Districts The procedure for obtaining a Certificate of Appropriateness for Demolition may be initiated by the city for all city-owned Landmarks or proposed work within a District, or by the individual property owner(s) of the subject Landmark or property within a District. The application must be submitted to the Historic Preservation Officer for review and approval by the Historic Preservation Commission prior to the commencement of any work. An application for Certificate of Appropriateness for Demolition shall be made on forms as prescribed by the city. 1. The application shall contain: Name, address, telephone number of applicant, and physical address of the individual property; Site plan of the individual property or map indicating the area of the proposed demolition showing all affected buildings and/or structures on the site; Photographs of existing conditions as well as any historical photographs, if available; All future development plans for the property, if available; Any other information which the Historic Preservation Officer or Historic Preservation Commission may deem necessary. 2. An individual property that is under review by the City for a Certificate of Appropriateness for Demolition shall be protected by and subject to all of the provisions of this Section governing demolition, minimum maintenance standards and penalties until a final decision by the Historic Preservation Commission. 3. The procedure for a Certificate of Appropriateness for Demolitions shall be the same as provided for in K above. 4. The procedure for a Certificate of Appropriateness for Demolition application involving a claim of Economic Hardship shall be as follows: Upon receipt of a completed Certificate of Appropriateness for Demolition application, the Historic Preservation Officer shall review the application for a preliminary determination of compliance with the standards for economic hardship and the criteria for review found in P below. The applicant is encouraged to schedule a meeting with the Historic Preservation Subsection Zoning Procedures 189

200 Officer prior to the submittal of an application to discuss the application and get initial direction. Following determination of completeness of a Certificate of Appropriateness for Demolition application involving a claim of Economic Hardship and a preliminary determination of compliance, the Historic Preservation Officer shall schedule a public hearing and consideration at the next available regularly scheduled Historic Preservation Commission meeting. All review criteria and the formal written report to the Historic Preservation Officer shall be made available to the applicant prior to consideration. The owner shall be required to stabilize and secure the property subject to the penalties of this Section until a final decision by the Historic Preservation Commission becomes effective. The Historic Preservation Commission shall conduct its initial review of the application at a public meeting. At that time, the applicant shall have an opportunity to be heard, present testimony and evidence to demonstrate that standards for economic hardship and the criteria for review have been met. Other interested parties and technical experts may also present testimony or documentary evidence which will become part of a record. The burden of proof shall be upon the applicant. In the event the Historic Preservation Commission does not act within ninety (90) days of the initial application being determined complete, a Certificate of Appropriateness for Demolition may be granted. In considering the application, the Historic Preservation Commission may take action to postpone the application in order to establish a Stay of Demolition period. The owner shall conduct in good faith with the city local preservation organizations and interested parties a diligent effort to seek an alternative that will result in the rehabilitation of the Landmark. Negotiations may include but are not limited to such actions to utilize various preservation incentive programs sell or lease the Landmark, or facilitate proceedings for the city to acquire the Landmark under its power of eminent domain, if appropriate, and financially possible. If negotiations are successful, the Certificate of Appropriateness for Demolition application shall be considered withdrawn and all associated applications closed. At the end of the one hundred and eighty (180) days, if prior negotiations are unsuccessful and the request for demolition stands, the Historic Preservation Officer shall schedule a second public hearing on the application at the next available Historic Preservation Commission meeting pursuant to the same manner described above in b above. At the end of the second hearing, the Historic Preservation Commission may take action to approve, postpone requesting additional information or deny the application. If no hearing has been scheduled within sixty (60) days of the end of the stay period, a Certificate of Appropriateness for Demolition shall be deemed issued and the Historic Preservation Officer shall so advise the applicant in writing. If approved, the Historic Preservation Officer shall issue a Certificate of Appropriateness for Demolition to the applicant with the written findings of fact, conclusions of law and any specific conditions of approval (if any) supporting the decision. The Historic Preservation Officer shall also forward the Historic Preservation Commission decision to the appropriate City personnel. The approval shall be valid for one (1) year from the hearing date of the Historic Preservation Commission final decision. The historic property shall immediately be removed from the city s inventory of historic properties in the official public records of real property of Hays County and the official zoning maps of the city, as applicable. i. Prior to demolition, the city may as a condition of approval require the owner to provide documentation of the historic property at the owner s expense in accordance with the standards of the Historic American Building Survey (HABS). Such documentation may 190 Section 2. Zoning Regulations

201 include photographs, floor plans, measured drawings, an archeological survey, or other information as specified. ii. Approval for the demolition of a structure may be conditioned upon the construction of an acceptable replacement structure, or landscape or park plan. A bond or other financial guaranty in the amount of the cost of the replacement structure may be required in order to assure the construction of the replacement structure, or park, or landscape plan. iii. The city may also require the owner to incorporate an appropriate memorialization of the building, structure or site such as a photographic display or plaque into any proposed future development project on the property. Denial of a Certificate of Appropriateness for Demolition application involving Economic Hardship shall prevent the owner from demolishing the property or reapplying for another Certificate of Appropriateness for Demolition application for a period of three (3) years from the hearing date of the Historic Preservation Commission final decision, unless substantial changes in circumstances have occurred other than resale of the property or those caused by acts beyond the control of the owner. It shall be the responsibility of the owner to stabilize and maintain the minimum maintenance standards for the property so as not to create a hazardous or dangerous building. The city may continue to provide the owner with information regarding financial assistance for the necessary rehabilitation or repair work as it becomes available. The owner may appeal the decision of the Historic Preservation Commission to the City Council. Appeal requests shall be filed in writing to the Historic Preservation Officer within ten (10) days of the Historic Preservation Commission decision. The City Council shall give notice, follow publication procedure, hold hearings, and make its decision in the same manner as provided in the general zoning ordinance of the city. Appeals to the City Council shall be considered only on the record made before the Historic Preservation Commission, and may only allege that the Historic Preservation Commission decision was arbitrary, capricious, or illegal. P. Economic Hardship involving Certificates of Appropriateness for Demolition Affecting Landmarks 1. No Certificate of Appropriateness for Demolition involving a claim of economic hardship may be approved, nor shall a demolition permit be issued by the City, unless the owner proves compliance with the following standards for economic hardship: The property is incapable of earning a reasonable return in its current or rehabilitated state, regardless of whether that return represents the most profitable return possible; The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; Earnest and reasonable efforts to find a purchaser interested in acquiring the property and preserving it have failed; The property cannot be moved or relocated to another site similar site or within the District. 2. The City may adopt by resolution separate criteria for review in considering claims of economic hardship for investment for income producing and non-income producing properties, as recommended by the Historic Preservation Commission. Non-income properties shall consist of owner occupied single family swellings and non-income producing institutional properties. All standards for review shall be made available to the owner prior to the hearing. The information to be considered by the City may include but not be limited to the following: Purchase date price and financing arrangements; Subsection Zoning Procedures 191

202 Current market value; Form of ownership; Type of occupancy; Cost estimates of demolition and post demolition plans for development; Maintenance and operating costs; Inspection report by licensed architect or structural engineer having experience working with historic properties; Costs and engineering feasibility for rehabilitation; Property tax information; Rental rates and gross income from the property; Other additional information as deemed appropriate. 3. Claims of economic hardship by the owner shall not be based on conditions resulting from: Evidence of demolition by neglect or other willful and negligent acts by the owner; Purchasing the property for substantially more than market value at the time of purchase; Failure to perform normal maintenance and repairs; Failure to diligently solicit and retain tenants; Failure to provide normal tenant improvements. 4. Throughout the process, the applicant shall consult in good faith with the Historic Preservation Officer, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property. Such efforts must be demonstrated to the Historic Preservation Commission at the hearing. Q. Enforcement 1. It shall be unlawful to construct, reconstruct, significantly alter, restore or demolish any building or structure designated as a Landmark or in a designated District in violation of the provisions of this Section. The City, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful construction, reconstruction, significant alteration or demolition to restrain, correct or abate such violation or to prevent any illegal act, business or maintenance in and about such premises, including acquisition of the property. 2. The City shall periodically inspect Districts and Landmarks to assure all activity is in compliance with this Section. If the work is not performed in accordance with the certificate, or this Section, the City shall issue a stop work order and all work shall immediately cease. No further work shall be undertaken on the project while the stop work order is in effect. 3. Where a violation of this section of the UDC occurs or appears reasonably imminent, the Building Official, Fire Marshal, Historic Preservation Officer, or Historic Preservation Commission may recommend that the City apply to an appropriate court of law for an injunction to stop the violation or imminent violation, or restore the affected property to its previous condition. 4. This section shall not preclude any other lawful remedies available to the City for violations of this Section of the Unified Development Code. 192 Section 2. Zoning Regulations

203 Development in the Rural Heritage Overlay (O-R) District A. Intent See Rural Heritage Overlay (O-R) District. B. Applicability Unless otherwise stated in this section, the following regulations apply to all non-single family properties within the Rural Heritage Overlay (O-R) District. The following regulations are in addition to the underlying base district regulations. In the event of a conflict, the more restrictive regulations shall apply. C. Buildings and Site Development 1. Buildings All buildings or sites shall incorporate all of the following requirements: Figure 50. Board and Batten Style Roofs must be metal with a pitch of at least 4:12. Buildings must be oriented to face toward the roadway. 2. Parking Structures must be constructed of one hundred (100) percent Class A masonry; however fiber cement in a vertical Board and Batten style may comprise up to twenty-five (25) percent. Figure 51. Reverse Channel Lettering (Top) and Downward-Facing Lamps (Bottom) 3. Streetscape If parking is located between the front building face and the roadway, Internal Landscaping requirements of A.2.d.i and ii shall be doubled. All lighted signs must use reverse channel lettering (i.e., backlighting) or fully shielded downward-facing lamps (i.e., gooseneck lighting). Meandering sidewalks at least six (6) feet in width must be provided. Subsection Zoning Procedures 193

204 To lessen light pollution along the corridors, the mounting height regulations of Table 27 shall apply in the district in place of those included in Table 21 on page 148. Table 27. Modified Mounting Heights for Lighting in Parking Areas Longest Dimension of Parking Area Maximum Lighting Unit Mounting Height Zero 60 Feet 12 Feet Feet 16 Feet 101 Feet or Greater 24 Feet In addition to the requirements of Landscaping, a street frontage buffer forty (40) feet in width shall be provided along the Right-of-Way of each designated corridor. i. Parking areas are prohibited within this buffer. ii. No Protected Tree, Signature Tree, or Heritage Tree shall be removed in the street frontage buffer except as necessary to allow access driveways perpendicular to the roadway. 4. Alternatives iii. In addition to the landscaping requirements, each one hundred fifty (150) linear feet (or fraction thereof) of the required street frontage buffer shall consist of the following planting materials: (a) A minimum of six (6) Shade Trees, of which at least four (4) shall be evergreen trees and no single tree species shall constitute more than one-third (1/3) of all required trees; (b) A minimum of four (4) Ornamental Trees; and (c) A minimum of thirty (30) Shrubs. iv. Undeveloped properties or properties that do not contain structures or parking areas within two hundred (200) feet of the Right-of-Way shall be exempt from these street frontage buffer provisions. All buildings or sites must incorporate at least four (4) of the following alternatives: Decorative split rail fencing not exceeding three (3) feet in height adjacent to the right-of-way along the entire width of the property (excluding ingress/egress); Stained wood building accents (e.g., columns, shutters, trim) No parking located in front of the building face; Covered porch at least ten (10) feet deep and fifty (50) percent of the building face width (porch may extend into required buffer, must have consistent roof material); Covered bicycle parking within fifty (50) feet of the main entrance, with dedicated spaces accessible without moving another bicycle to accommodate at least: i. Five (5) bicycles for buildings less than seven thousand (7,000) square feet, ii. Ten (10) bicycles for buildings between seven thousand (7,000) and thirty thousand (30,000) square feet, or 194 Section 2. Zoning Regulations

205 D. Land Use Adopted October 2, 2017 iii. Twenty (20) bicycles for buildings larger than thirty thousand (30,000) square feet. All hardscape in front of the building face constructed entirely of an enhanced design, such as stained concrete, pavers, or stone. All exterior lights operated by motion sensor only to turn off when no activity is present. Achieve all required elements and at least four (4) alternative options of Table 22. Low Impact Design Element Options (on page 155). Uses shall be permitted in the Rural Heritage Overlay (O-R) District as shown in Use Chart, with the exception of those the as shown in Table Location of Fuel Pumps (Accessory Use) Fuel pumps must be located to the side or rear of the primary structure, except with Edwards Aquifer Recharge Zone or Contributing Zone is present on the property. Table 28. Uses Permitted in the Rural Heritage Overlay (O-R) District Use Classification B-1 B-2 B-3 LI HI Automobile or Other Motorized Vehicle Sales S P Automobile Service Garage (Major) S P Automobile Service Garage (Minor) S S S P Car Wash, Full Service S S P P Car Wash, Self Service S S P P Equipment Sales S P Equipment Storage Building or Structure (Pertaining to Wireless Facilities) S S P Feed Store S S S Restaurant or Cafeteria, with Curb or Drive-Thru Service S S P P Storage Units, Mini S P Warehouse S P Woodworking and Planing Mill Adult Entertainment Heavy Industrial or Manufacturing Operations Heliport or Helistop Laundry, Commercial Manufactured Home Sales Pawn Shop Portable Building Sales Taxi Garage or Dispatch Wrecking or Auto Salvage Yard Nondepository Financial Institution/Payday Lending Establishment * All conditions listed in Conditional Standards remain applicable E. Alternative Compliance Option A request for the following Alternative Compliance options may be submitted and acted upon in accordance with Alternative Compliance: 1. Consider granting credit for existing plant material. Subsection Zoning Procedures 195 S

206 Development in the Gateway Corridor Overlay (O-G) District A. Intent See Gateway Corridor Overlay (O-G) District. B. Applicability Unless otherwise stated in this section, the following regulations apply to all non-single family properties within the Gateway Corridor Overlay (O-G) District in addition to the regulations of each underlying base district. In the event of a conflict, the more restrictive regulations shall apply. C. Buildings and Site Development 1. Buildings 2. Parking Buildings shall be set back no more than five (5) feet beyond the minimum front yard setback of the underlying base district, unless site restrictions prohibit such placement as determined by the City Engineer. This setback is measured by the portion of the building face closest to the street. Buildings with a ground floor area of larger than thirty thousand (30,000) square feet shall be designed to appear as separate but attached Figure 52. Larger Building Designed to Appear buildings through the use of building material as Separate Buildings changes, wall plane/horizontal articulation, and roofline/vertical articulation. 3. Streetscape The primary entrance for all buildings and ground-level leasable space shall be accessed by the front sidewalk. Windows shall comprise between fifty (50) and eighty (80) percent of each ground-level building elevation visible from the public right-of-way or accessible by sidewalk. All parking shall be located behind the building. If covered parking is provided for vehicles, at least fifty (50) percent of the bicycle parking shall be covered. Sidewalks at least six (6) feet in width shall be provided. Retail buildings shall have canopies spanning seventy-five (75) percent of the frontage and extending over the sidewalk at least six (6) feet. 196 Section 2. Zoning Regulations

207 D. Land Use Uses shall be permitted in the Gateway Corridor Overlay (O-G) District as shown in Use Chart, with the exception of those the as shown in Table 29. Table 29. Uses Permitted in the Gateway Corridor Overlay (O-G) District Use Classification B-1 B-2 B-3 LI HI Automobile or Other Motorized Vehicle Sales S P Automobile Service Garage (Major) S P Automobile Service Garage (Minor) S P Car Wash, Full Service S S P P Car Wash, Self Service P P Equipment Sales S P Equipment Storage Building or Structure (Pertaining to Wireless Facilities) S S P Feed Store S S S Restaurant or Cafeteria, with Curb or Drive-Thru Service S S P P Storage Units, Mini S P Warehouse S P Woodworking and Planing Mill S Adult Entertainment Heavy Industrial or Manufacturing Operations Heliport or Helistop Laundry, Commercial Manufactured Home Sales Pawn Shop Portable Building Sales Taxi Garage or Dispatch Wrecking or Auto Salvage Yard Nondepository Financial Institution/Payday Lending Establishment * All conditions listed in Conditional Standards remain applicable E. Alternative Compliance Option A request for the following Alternative Compliance options may be submitted and acted upon in accordance with Alternative Compliance: 1. Consider granting credit for existing plant material. Subsection Zoning Procedures 197

208 Nonconforming Lots, Structures, and Uses A. Intent of Provisions 1. Purpose The purpose of this section is to establish provisions for the allowance and potential alteration of uses, lots, or structures that do not conform to currently applicable standards or regulations, but that were in conformance with standards in place at the time of their inception, and have been rendered nonconforming due to a change in the applicable standards and regulations. i. Nonconformities occur in three (3) categories, or combinations thereof: (a) Nonconforming Lot An existing lot that does not meet the dimensional requirements. (b) Nonconforming Structure An existing structure that does not meet the dimension requirements, masonry requirements, or landscaping requirements. (c) Nonconforming Use An existing use that does not comply with the permitted uses, landscaping, or parking requirements. It is the declared intent of this section that Nonconforming Uses and Nonconforming Structures eventually be eliminated and be required to comply with the regulations of the UDC, having due regard for the property rights of the person affected, the public welfare, and the character of the surrounding area. B. Establishment of Legal Nonconforming Status 1. Existence For purposes of interpretation of this subsection, any Nonconforming Uses, Nonconforming Structures, or Nonconforming Lots that in whole or part are not in conformance with current zoning standards shall be considered as follows. Legal Nonconforming Those Nonconforming Uses, Nonconforming Structures, or Nonconforming Lots that in whole or part are not in conformance with current zoning standards, but were legally established at a prior date, at which time they were in conformance with applicable standards. Such Nonconforming Uses, Nonconforming Structures, or Nonconforming Lots may be maintained or potentially altered subject to the provisions of this subsection. Illegal Status i. Nonconforming Uses, Nonconforming Structures, or Nonconforming Lots that were not conforming at the time of creation are considered illegal uses, structures, or lots. ii. Nonconforming Uses, Nonconforming Structures, or Nonconforming Lots shall not be approved for any alterations or expansion. iii. Nonconforming Uses, Nonconforming Structures, or Nonconforming Lots shall undertake necessary remedial measures to reach conformance with the current standards, or be discontinued. 198 Section 2. Zoning Regulations

209 2. Time of Adoption Any use, platted lot, or structure that is a lawful use at the time of the adoption of any amendment to this UDC but by such amendment is placed in a district wherein such use, platted lot, or structure is not otherwise permitted shall be deemed legal nonconforming. C. Burden of Demonstration The burden of establishing that any nonconformity is a legal nonconformity as defined in this subsection shall be borne by the owner or proponent of such nonconformity. Table 30. Summary of Nonconformity Regulations Issue Action Regulation Nonconforming Lot Existing platted lots Residential lot exemption Any legally confirming existing lot platted prior to the adoption of this UDC is a conforming lot. Minimum lot area is determined by the respective district, except that a lot having less area than required that was an official "lot of record" prior to the adoption of this UDC may be used for a single family dwelling. Prohibited expansion A nonconforming structure shall not be expanded or increased as of the effective date of this UDC except as provided in F.3 below. Conforming use in a nonconforming structure Nonconforming structure expansion with conforming uses Where a conforming use is located in a Nonconforming Structure, the use may be changed to another conforming use. Gross floor area shall not increase more than 10% from when the building became nonconforming. The expansion must be conforming. Structure is removed from the premises The nonconforming structure shall be considered to have been discontinued, regardless of intent. Nonconforming Structure Reuse of abandoned or vacant buildings by a conforming use Total destruction by fire, elements, or other cause Partial destruction by fire, elements, or other cause If abandoned for 6+ months, shall only be preoccupied by a conforming use. Shall not be rebuilt except to conform to the provisions of this UDC. If 51%+ of its total appraised value is destroyed, reconstruction will be permitted but the existing square footage of function of the Nonconforming Structure cannot be expanded. Building or use is altered at least 20% of the original floor area The standards and criteria contained within Landscaping shall apply. Building or use is changed or enlarged in floor area, number of dwelling units, seating capacity or otherwise, to create a need for additional parking spaces Such additional parking spaces shall be provided based on the new use or area unless a Zoning Special Exception is granted for a reduced parking requirement. Relocation May be relocated within the same platted lot and must comply with all screening and setback requirements. Subsection Zoning Procedures 199

210 Nonconforming Use expansions and changes Reuse of abandoned or vacant buildings by conforming uses A Nonconforming Use shall not be expanded or increased except as provided in E.4 below. Any Nonconforming Use may be changed to a conforming use, and once such change is made, the use shall not be changed back to a Nonconforming Use. A Nonconforming Use shall not be changed to another Nonconforming Use. Buildings or structures that have been vacant or abandoned for more than six (6) months and do not meet the current area regulations or development standards shall be allowed to be reoccupied only by a conforming use. Nonconforming Use Ceases operation for 6+ months Expanding in existing building Building or use is altered at least 20% of the original floor area The Nonconforming Use shall be deemed to be permanently discontinued. No structural alterations except maintenance/safety. The number of dwelling units shall not be increased. Nonconforming Use shall not occupy any land outside the building. The standards and criteria contained within Landscaping shall apply. Building or use is changed or enlarged in floor area, number of dwelling units, seating capacity or otherwise, to create a need for additional parking spaces Expansion located outdoors Such additional parking spaces shall be provided based on the new use or area unless a Zoning Special Exception is granted for a reduced parking requirement. A Nonconforming Use located outdoors or that is otherwise not located in an existing building may be extended throughout the existing lot, provided: 1) the use does not extend beyond one lot, and 2) the use is screening in accordance with D. Nonconforming Lots 1. Existing Platted Lots are Conforming Lots Any existing lot platted prior to the adoption of this UDC, which was legally conforming, shall be deemed a conforming lot. 2. Residential Lot Exemption The minimum residential lot areas for the various zoning districts shall be in accordance with their respective districts, except that a lot having less area than herein required that was an official "lot of record" prior to the adoption of this UDC may be used for a single family dwelling. E. Nonconforming Uses 1. Discontinuance of Nonconforming Use If a Nonconforming Use ceases operations for a period of more than six (6) months, then such Nonconforming Use shall be deemed to be permanently discontinued. Unless the Board of Adjustment reinstates the nonconforming rights pursuant to 7 below, such a use shall not be instituted on that parcel or other parcel in a district that does not permit the discontinued use. For the purpose of this paragraph, to cease operations shall mean to intentionally terminate operations of the Nonconforming Use. Any Nonconforming Use that does not involve a permanent type of structure or operation and that is moved from the premises shall be considered to have been discontinued, regardless of intent. 200 Section 2. Zoning Regulations

211 2. Reuse of Abandoned or Vacant Buildings by Conforming Uses Allowed Buildings or structures that have been vacant or abandoned for more than six (6) months and do not meet the current area regulations or development standards shall be allowed to be reoccupied only by a conforming use. 3. Prohibited Expansion of Nonconforming Uses A Nonconforming Use shall not be expanded or increased as of the effective date of this UDC except as provided in 4 below. Any Nonconforming Use may be changed to a conforming use, and once such change is made, the use shall not be changed back to a Nonconforming Use. A Nonconforming Use shall not be changed to another Nonconforming Use. 4. Expansion of Nonconforming Uses An expansion of a Nonconforming Use is allowed only in accordance with the following: Nonconforming Use Expansion in an Existing Building i. A Nonconforming Use located within a building may be extended throughout the existing building, provided: (a) No structural alteration may be made on or in the building except those required by law to preserve such building in a structurally sound condition; and (b) The number of dwelling units or rooms in a residential Nonconforming Use shall not be increased so as to exceed the number of dwelling units or rooms existing at the time said use became a Nonconforming Use. ii. A Nonconforming Use within a building shall not be extended to occupy any land outside the building. Nonconforming Use Expansion Located Outdoors A Nonconforming Use located outdoors or that is otherwise not located in an existing building may be extended throughout the existing lot, provided: i. The use does not extend beyond one lot, and ii. The use is screened in accordance with Fencing and Screening. 5. Noncompliance with Off-Street Parking Requirements If a use is deemed nonconforming due to noncompliance with off-street parking requirements, the following shall apply: Whenever a building or use is changed or enlarged in floor area, number of dwelling units, seating capacity or otherwise, to create a need for additional parking spaces, such additional spaces shall be provided in accordance with Off-Street Parking based on the new use or area. This requirement does not apply if a Zoning Special Exception or Alternative Compliance has been granted for a reduced parking requirement. 6. Noncompliance with Landscaping Requirements If a use is deemed nonconforming due to noncompliance with landscaping requirements, the following shall apply: Subsection Zoning Procedures 201

212 If an existing building or use is altered (i.e., at least twenty (20) percent of the original floor area), then the standards and criteria contained within Landscaping shall apply. If an existing building is altered less than twenty (20) percent, then the standards and criteria contained in Landscaping shall not apply. Additionally, any use requiring a Specific Use Permit or a Planned Development zoning designation must comply with Landscaping unless special landscaping standards are otherwise provided for in the ordinance establishing the SUP or PD district. 7. Reinstatement of Nonconforming Use Rights Application for Nonconforming Rights Reinstatement i. The owner or operator of the abandoned nonconforming use may submit a written Application to the Board of Adjustment to have the nonconforming rights reinstated. ii. Written Application for reinstatement of nonconforming rights must be made within ten (10) business days after the Director of Planning issues the written notice of determination that a use has been permanently abandoned. Board Decision i. The Board of Adjustment may reinstate Nonconforming Use rights only if the Board finds that the use was not discontinued for six (6) months or more. ii. The failure of the owner or operator to remove on-premise signs shall not be considered (on its own) evidence of a continuing use. F. Nonconforming Structures 1. Prohibited Expansion A Nonconforming Structure shall not be expanded or increased as of the effective date of this UDC except as provided in 3 below. 2. Conforming Use in a Nonconforming Structure Where a conforming use is located in a Nonconforming Structure, the use may be changed to another conforming use. 3. Expansion of Nonconforming Structures An expansion of a Nonconforming Structure is allowed in accordance with the following. Buildings or structures that do not conform to the area regulations or development standards in this UDC but where the uses are deemed conforming shall not increase the gross floor area greater than ten (10) percent from the date when the building became nonconforming. The expansion must be conforming. 4. Restoration of Nonconforming Structures Total Destruction If a Nonconforming Structure is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of this UDC. Partial Destruction In the case of partial destruction of a Nonconforming Structure less than fifty-one (51) percent of its total appraised value as determined by the Appraisal District, reconstruction will be 202 Section 2. Zoning Regulations

213 permitted, but the existing square footage or function of the Nonconforming Structure cannot be expanded. 5. Movement of Nonconforming Structures Nonconforming Structures shall not be relocated within the existing lot or to a different lot. 6. Completion of Structures Nothing herein contained shall require any change in the plans, construction, or designated use of the following: Approved Building A building or structure for which a building permit has been issued or a site plan approved prior to adoption of this UDC. Building in the Approval Process A building or structure for which a complete Application for a building permit was accepted by the Building Official on or before the effective date of these regulations, provided however, that such building permit shall comply with all applicable ordinances in effect on the date such Application was filed. Subsection Zoning Procedures 203

214 Amortization of Nonconforming Uses A. City Council Initiation of Amortization Case Only the City Council, by majority vote, may request that the Board of Adjustment consider establishing a compliance date for a Nonconforming Use. B. Board of Adjustment Decision of Amortization Case 1. Per the authorization of City Council (A above), the Board of Adjustment may require the discontinuance of a Nonconforming Use under any plan whereby the full value of the use s structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the UDC regulations. 2. All actions to discontinue a Nonconforming Use shall be taken with due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the nonconforming use and the conservation and preservation of property. C. Public Hearing Process Upon receiving a request under A above from the City Council, staff shall schedule the First Public Hearing before the Board. The Board may establish a compliance date only after holding two separate public hearings. 1. First Public Hearing The Board shall hold a public hearing to determine whether continued operation of the Nonconforming Use will have a significant adverse effect on nearby properties. Only if, based on the evidence presented at the public hearing, the Board determines that continued operation of the Nonconforming Use will have a significant adverse effect on nearby properties, it shall schedule a second public hearing to establish a compliance date for the Nonconforming Use. In determining whether the continued operation will have a significant adverse effect on nearby properties, the Board shall consider the following factors: The character of the surrounding neighborhood. The degree of incompatibility of the use with the zoning district in which it is located. The manner in which the use is being conducted. The hours of operation of the use. The extent to which continued operation of the use may threaten public health or safety. The environmental impacts of the use's operation, including but not limited to the impacts of noise, glare, dust, and odor. The extent to which public disturbances and nuisances may be created or perpetuated by continued operation of the use. The extent to which traffic or parking problems may be created or perpetuated by continued operation of the use. Any other factors relevant to the issue of whether continued operation of the use will adversely affect nearby properties. To the extent the Nonconforming Use impacts the value and marketability of the abutting and surrounding properties or neighborhood. 204 Section 2. Zoning Regulations

215 Notwithstanding anything to the contrary, the Board cannot amortize a use described in Subsection E.2 unless it finds that the use is a nuisance or that the use presents a risk of imminent destruction of property or injury to persons. 2. Second Public Hearing If the Board has determined in the first public hearing that the Nonconforming Use has an adverse effect on nearby properties, it shall hold a second public hearing to set a date for compliance. The Board shall, in accordance with the law, provide a compliance date for the Nonconforming Use under a plan whereby the owner's actual investment in the use before the time that the use became nonconforming can be amortized within a definite time period. The following factors must be considered by the Board in determining a reasonable amortization period: i. The owner's capital investment in structures, fixed equipment, and other assets (excluding inventory and other assets that may be feasibly transferred to another site) on the property before the time the use became nonconforming. ii. Any costs that are directly attributable to the establishment of compliance date, including demolition expenses, relocation expenses, termination of leases, and discharge of mortgages. D. Ceasing Operations iii. Any return on investment since inception of the use, including net income and depreciation. iv. The anticipated annual recovery of investment, including net income and depreciation. v. A reasonable closeout and termination period for the nonconforming use. If the Board, at the first public hearing, requests financial documentation or records from the owner relating to the factors listed directly above, the owner shall provide said documents or records at least thirty (30) days before the second public hearing. If the owner does not provide said documentation, the Board is authorized to make its determination of a compliance date based upon any reasonably available public records as well as public testimony at the hearing. Failure by owner to provide the requested financial documents and records shall not prevent the Board from setting a compliance date. If the Board establishes a compliance date for a Nonconforming Use, the use must cease operations on that date and it may not operate thereafter unless it becomes a conforming use. E. Definitions For purposes of this subsection, "owner" means the owner of the Nonconforming Use at the time of the Board's determination of a compliance date for the Nonconforming Use. F. Finality of Decisions 1. Decisions that cannot be Immediately Appealed A decision by the Board that the continued operation of a Nonconforming Use will have a significant adverse effect on neighboring property and the Board s decision to schedule a second public hearing to establish a compliance date are not final decisions and cannot be immediately appealed. Subsection Zoning Procedures 205

216 2. Decision to Deny a Request to Establish a Compliance Date A decision by the Board to deny a request to establish a compliance date is final unless appealed to state court within ten (10) calendar days in accordance with Chapter 211 of the Local Government Code. 3. Decision Setting a Compliance Date A decision by the Board setting a compliance date is final unless appealed to state court within ten (10) calendar days in accordance with Chapter 211 of the Local Government Code. 206 Section 2. Zoning Regulations

217 Subsection Zoning Relief Procedures Alternative Compliance A. Purpose and Applicability 1. Purpose The purpose of the Alternative Compliance process is to allow for different standards that are in agreement with the City s Comprehensive Plan and will produce a substantially equivalent effect or enhanced level of results as intended by the original development standards. 2. Applicability A request for Alternative Compliance from certain provisions, as specifically cited within this UDC, may be submitted for review and approval along with the Site Plan for a project, or along with the project s initial development Application (as applicable for the project). All Alternative Compliance requests shall be clearly delineated graphically or in narrative format, as appropriate, on the Site Plan (or on the project s initial development Application), including a reference to the specific section within this UDC that allows consideration of such alternative standard(s). The applicable zoning district standards for a project shall not be reduced or varied using the Alternative Compliance process unless such standard(s) is specifically cited as qualifying for Alternative Compliance consideration in its respective section of this UDC. B. Alternative Compliance Evaluation Criteria The proposed standard(s) shall meet all of the following criteria: 1. Be in agreement with and promote the recommendations and policies within the Comprehensive Plan; 2. Does not reduce a standard unless it is, to the greatest extent practical, equally mitigated or improved by increasing standards of other requirements; and 3. Does not modify the land uses allowed in the zoning district in which the subject property is located. Subsection Zoning Relief Procedures 207

218 C. Alternative Compliance Allowed 1. The City is not obligated to grant Alternative Compliance for any Application. 2. Alternative Compliance shall be granted only as indicated for each regulation. 3. Alternative Compliance shall be considered for approval as indicated in Table 31. Alternative Compliance Decision-Makers: Table 31. Alternative Compliance Decision-Makers Section Regulation Director of Planning Planning and Zoning Commission City Council Modified Area Regulations and Standards Recommend Decide Appeal Landscaping Recommend Decide Appeal Fencing and Screening Recommend Decide Appeal Off-Street Parking Recommend Decide Appeal Building Materials Recommend Decide Appeal Nonresidential Design Recommend Decide Appeal Development in the Rural Heritage Overlay (O-R) District Recommend Decide Appeal 208 Section 2. Zoning Regulations

219 Zoning Regulation Appeal A. Types of Appeals The following are the types of Zoning Regulation Appeals contained within this UDC. 1. Appeal of a City Administrative or Interpretative Decision Any person, department, board, or bureau of the City affected by any administrative officer acting pursuant to the UDC s Zoning Regulations shall appeal to the Board of Adjustment. In exercising the Board of Adjustment's authority herein, the Board of Adjustment may reverse or affirm, in whole or in part, or modify the City administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Board of Adjustment has the same authority as the City s administrative official. Public hearings shall be held in accordance with Public Hearings and Notification Requirements. 2. Appeal to the City Council of a Zoning Vested Rights Petition Decision (see F.4). 3. Appeal to District Court of a decision of the City Council or Board of Adjustment Any person, department, board, or bureau of the City affected by a decision of the City Council or Board of Adjustment may appeal to District Court. B. Appeals Procedure to the City Council or Board of Adjustment 1. Timing and Fee Appeal to the City Council or Board of Adjustment shall be taken within ten (10) calendar days from the date of the decision by filing with the Responsible Official from whom the appeal is taken and with the City Secretary a notice of appeal specifying the grounds thereof, and by paying a filing fee at the office of the City Secretary at the time the notice is filed. 2. Transmission of Record The Responsible Official from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. 3. Stays of Proceedings An appeal stays all proceedings in furtherance of the action appealed from, unless the Responsible Official certifies to the City Council or Board of Adjustment, that by reason of facts stated in the certificate a stay would, in the Responsible Official s opinion, cause imminent peril to life or property. C. Appeals Procedure to District Court 1. Timing An appeal from any action, decision, ruling, judgment, or order of the City Council or Board of Adjustment may be taken by any person or persons, jointly or severally, or any taxpayer; or any officer, department, board, or bureau of the City to the district or county court by filing notice of appeal with the City Secretary and with the Board of Adjustment within ten (10) calendar days from the filing of the decision of the board, which notice shall specify the grounds of such appeal. Subsection Zoning Relief Procedures 209

220 2. Transmission of Record Upon filing of the notice of appeal as herein provided, the court may grant a writ of certiorari directed to the board in this event, the City Council or Board of Adjustment shall transmit to the court clerk and the petitioner the original or certified copy of the papers constituting the record in the case, together with the order, decision, or ruling. 3. Stays of Proceedings D. Fees An appeal to the district court from the City Council or Board of Adjustment stays all proceedings in furtherance of the action appealed from, unless the mayor or chairman of the Board of Adjustment, from which the appeal is taken certifies to the court clerk, after the notice of appeal shall have been filed, that by reasons of fact stated in the certificate, a stay would, in her/his opinion, cause imminent peril to life or property. All fees for all types of Applications, forms, plans, notifications, appeals, and petitions required under this UDC shall be established by the City Council within the Fee Schedule. 210 Section 2. Zoning Regulations

221 Zoning Variance A. Purpose 1. The Board of Adjustment is authorized in specific cases to grant a Zoning Variance from the Zoning Regulation terms, standards, and criteria that pertains to an allowed use within a zoning district. 2. A Zoning Variance is authorized by this UDC when such cases are shown not to be contrary to the public interest if, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in an undue hardship and so that the spirit of the ordinance shall be observed and substantial justice done; provided, however, the Board of Adjustment shall have no power to authorize a Zoning Variance provided in E below. B. Zoning Variance Applicability The Board of Adjustment is authorized in specific cases to grant a Zoning Variance from the following regulations to prevent undue hardships. 1. Open space (yard) dimensions 2. Lot dimensions 3. Floor area 4. Structure height 5. Building coverage C. Granting Authority 1. Undue Hardship Shall Exist The Board of Adjustment may authorize a Zoning Variance from these Zoning Regulations when, due to special conditions, an undue hardship will result from requiring compliance. 2. Harmony with the UDC s General Purpose and Intent Shall Exist A Zoning Variance may be granted only when the Zoning Variance is not contrary to the public interest and is in harmony with the general purpose and intent of this UDC so that the public health, safety, and welfare may be secured and that substantial justice may be done. 3. Zoning Variance Processing and Review The Director of Planning shall process and review a Zoning Variance. 4. Board of Adjustment Conditions of Approval In granting a Zoning Variance, the Board of Adjustment shall prescribe only conditions that it deems necessary for, or desirable to, the public interest. 5. Board of Adjustment Considerations In making the findings within D below, the Board of Adjustment shall take into account: The nature of the proposed use of the land involved, Existing uses of land in the vicinity, The number of persons who will reside or work within the proposed use, and The probable effect such Zoning Variance will have upon traffic conditions and upon the public health, safety, convenience and welfare of the community. Subsection Zoning Relief Procedures 211

222 Such findings of the Board of Adjustment, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the Board of Adjustment meeting at which such Zoning Variance is granted. D. Criteria for Zoning Variance Approval No Zoning Variance shall be granted without first having given public notice and having held a public hearing on the Zoning Variance request in accordance with Public Hearings and Notification Requirements and unless the Board of Adjustment finds all the following criteria are met. 1. Unique Circumstances That there are special circumstances or conditions affecting the land involved such that the application of the UDC s provisions would deprive the Applicant of the reasonable use of his/her land. 2. Minimum Necessary Relief Required to Alleviate the Undue Hardship The Zoning Variance, if granted, would be the minimum necessary relief required to alleviate the undue hardship. 3. Preservation of Property Rights That the Zoning Variance is necessary for the preservation and enjoyment of a substantial property right of the Applicant. 4. No Substantial Detriment to the Public Good That the granting of the Zoning Variance will not be detrimental to the public health, safety or welfare, impair the purposes and intent of this UDC and the Comprehensive Plan or be injurious to other property within the area. 5. Orderly Use of Land That the granting of the Zoning Variance will not have the effect of preventing the orderly use of other land within the area in accordance with the provisions of this UDC. 6. Finding of Undue Hardship In order to grant a Zoning Variance, the Board of Adjustment must make findings that an undue hardship exists, using the following criteria: That literal enforcement of the controls will create an undue hardship or practical difficulty in the development of the affected property; and That the situation causing the hardship or difficulty is neither self-imposed nor generally affecting all or most properties in the same zoning district; and That the relief sought will not injure the permitted use of adjacent conforming property; and That the granting of a Zoning Variance will be in harmony with the spirit and purpose of these regulations. Financial hardship alone is not an undue hardship if the property can be used, meeting the requirements of the zoning district in which the property is located. 212 Section 2. Zoning Regulations

223 E. Limitations on the Authority of Board of Adjustment to Grant Zoning Variances 1. Land Use Zoning Variance The Board of Adjustment may not grant a Zoning Variance authorizing a land use other than those permitted in the district for which the Zoning Variance is sought, except as specifically provided for in this UDC. 2. Specific Use Permit Provision The Board of Adjustment shall have no power to grant or modify provisions of a SUP authorized under Specific Use Permit (SUP) Regulations and Procedures. 3. Zoning Amendments The Board of Adjustment shall have no power to grant Zoning Text and Map Amendments. In the event that a request for a Zoning Text Amendment or Zoning Map Amendment (Rezoning) is pending before the Planning and Zoning Commission or the City Council, the Board shall neither here nor grant any Zoning Variance with respect to the subject property until final disposition of the Zoning Text Amendment or Zoning Map Amendment (Rezoning) by the Planning and Zoning Commission and the City Council. 4. Pending Action The Board of Adjustment shall not grant a Zoning Variance for any parcel of property or portion thereof upon which a required Site Plan or any Plat is pending on the agenda of the Planning and Zoning Commission or the City Council. All administrative and procedural remedies available to the Applicant shall have been exhausted prior to hearing by the Board of Adjustment. F. Concurring Vote of 75 Percent Required Pursuant to Texas Local Government Code (c), the concurring vote of seventy-five (75) percent of the members of the Board of Adjustment is necessary to grant a Zoning Variance. Subsection Zoning Relief Procedures 213

224 Zoning Special Exception A. Purpose The Board of Adjustment is authorized to hear and decide a Zoning Special Exception to the Zoning Regulations which are not permitted by right in a particular district because of potential adverse effect, but which if controlled in the particular instance as to its relationship to the neighborhood and to the general welfare, may be permitted by the Board of Adjustment, where specifically authorized by D below, and in accordance with the substantive and procedural standards of the UDC. B. Zoning Special Exception Defined A Zoning Special Exception is an allowed variation from the Zoning Regulations, but is differentiated from a Zoning Variance as the term is used in this UDC by the following: 1. No Hardship Required A Zoning Special Exception does not require a finding of an undue hardship. 2. Specifically Allowed and Pre-Determined by the UDC Approval of a Zoning Special Exception by the Board of Adjustment is specifically provided for and defined in this UDC. C. Requests for a Zoning Special Exception 1. The Board of Adjustment may grant a Zoning Special Exception in accordance to the provisions of D below upon written request of the property owner. 2. The Director of Planning shall process and review a Zoning Special Exception. D. Zoning Special Exception Authorized When, in the Board of Adjustment s judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially injured, the Board of Adjustment may, in specific cases, after public notice and public hearing (see Public Hearings and Notification Requirements) and subject to appropriate conditions and safeguards, authorize the following Zoning Special Exceptions to the regulations herein established: 1. Reduction in the required number of parking spaces if the Board of Adjustment determines sufficient parking exists or is not necessary for the specified location 2. Adjust any numerical standard by ten (10) percent 3. Antenna Location Waiver as outlined in E. The Board may Impose Conditions In granting Zoning Special Exceptions, the Board may impose such conditions as are necessary to protect adjacent property owners and to ensure the public health, safety and general welfare, including but not limited to conditions specifying the period during which the nonconforming use may continue to operate or exist before being brought into conformance with the provisions of this UDC. 214 Section 2. Zoning Regulations

225 Zoning Vested Rights Petition A. Purpose In accordance with the Texas Local Government Code, Chapter 245 or successor statute, the purpose of a Zoning Vested Rights Petition is to determine whether one or more standards of this UDC should not be applied to a plan or Application, or whether certain permits are subject to expiration. B. Applicability of a Zoning Vested Rights Petition 1. Any Application A Zoning Vested Rights Petition may be filed for an Application, permit, or plan required under Section 2. Zoning Regulations. 2. Prohibited Joint Submission A Zoning Vested Rights Petition cannot be submitted by an Applicant along with submission of a request for a Zoning Vested Rights Petition to this UDC, a Zoning Map Amendment (Rezoning), or any other request for a legislative decision by the City Council. 3. Land and Use upon Annexation Vested rights in land use upon annexation shall be governed by Texas Local Government Code, Section , as amended. C. Petition Submission 1. Filing A Zoning Vested Rights Petition shall be submitted to the City s Responsible Official in accordance with the Texas Local Government Code, Chapter 245 or successor statute. Upon receipt of a Zoning Vested Rights Petition, the Responsible Official shall consult with the City Attorney. 2. Stay of Further Proceedings Submission of such petition shall stay further proceedings on the related Application until a final decision is reached on the Zoning Vested Rights Petition. D. Petition Requirements The Zoning Vested Rights Petition shall allege that the petitioner has a vested right that requires the City to review and decide the Application under standards in effect prior to the effective date of the currently applicable standards. The petition shall include, at a minimum, the following information and documents: 1. Basic Owner Information The name, mailing address, phone number and fax number of the property owner (or the property owner s duly authorized agent). 2. Identification of Property and Project Identification of the property for which the property owner claims a vested right. Identification of the project, as that term is defined in Chapter 245 at (3). A chronology of the history of the project, with special emphasis on facts establishing that the project was in progress on or commenced after September 1, 1997, as required by Chapter 245 at ; Subsection Zoning Relief Procedures 215

226 3. Narrative Description for Purpose of Petition A narrative description of the grounds for the petition, including a statement as to whether the petition asserts a vested right related to a specific regulation or to an entire project. 4. Identification of Regulations Identification of all City regulations in effect at the time the original Application for the permit was filed that (a) the owner contends are vested and (b) the owner contends controls the approval, disapproval, or conditional approval of an Approval for a permit, pursuant to Chapter 245 at (a) and (b). Identification of all City regulations, with particularity and in detail, that the property owner contends do not apply to the project due to the vested rights provided the property owner by Chapter 245. i. Global references to a particular ordinance, or set of criteria, may be deemed insufficient and the City may consider the request for a vested rights determination to be incomplete and, hence, not subject to a staff determination at that time. Identification of any current City regulations which petitioner agrees can be applied to the Application at issue. 5. Copies of Applications A copy of each approved or pending Application which is the basis for the contention that the City may not apply current standards to the Application which is the subject of the petition. 6. Submittal Date of First Application The submittal date of the first Application that began the vesting process (i.e., first permit in the series of permits required for the project), as identified in Applicability, Completeness, and Expiration. 7. Submittal Date of Subsequent Application If applicable, the submittal dates of subsequent Applications for the permits for the project. 8. Narrative Description of How Current Regulations Affect Proposed Use A narrative description of how the Application of current regulations affect proposed use of the land, landscaping or tree preservation, or park dedication, lot size, lot dimensions, coverage or building size shown on the Application for which the petition is filed. 9. Copies of Prior Vested Rights Determinations A copy of any prior vested rights determination involving the same land. 10. Benchmarking Project Progress for Expiring Permits or Applications Whenever the petitioner alleges that a permit or Application subject to expiration should not be terminated, a description of the events constituting progress toward completion of the project for which the permit subject to expiration was approved. 216 Section 2. Zoning Regulations

227 E. Validity and Expiration of Different Permits for Vesting Purposes 1. Required Plan Validity and Expiration Required Plan A Site Plan, Specific Use Permit s Site Plan, or Planned Development (PD) s Site Plan, shall be considered a permit as described by State law in Chapter , as amended, of the Texas Local Government Code (TLGC) and herein be referred to as Required Plan. Appropriate Approval Required for a Permit A Required Plan shall not be considered a permit unless it has been approved by the appropriate entity before the effective date of these regulations, or an Application for a Required Plan is complete as of the effective date of these regulations. Required Plan Expiration Any approved Required Plan shall be deemed expired two (2) years from the date on which the Required Plan was originally approved by the appropriate entity if no progress (see d below) has been made toward completion of the project. Progress Benchmarks The term progress shall be as defined based on TLGC Chapter as follows: i. Plans for construction and an Application for a building permit for at least one of the buildings on the approved Required Plan are submitted within two (2) years following approval of the Required Plan; ii. 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; iii. Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent (5%) of the most recent appraised market value of the real property on which the project is located; iv. Fiscal security is posted with the City to ensure performance of an obligation required by the City; or v. Utility connection fees for the project have been paid to the City. Required Plan Expiration If one of the items listed in d.i through d.v above is not accomplished within the two (2) year period, the approved Required Plan shall expire upon the second (2nd) anniversary of its approval by the appropriate entity, and shall become null and void. Required Plan Extension and Reinstatement Petition i. Prior to the expiration of a Required Plan, the Applicant may petition the City (in writing) to extend the Required Plan approval. ii. The Director of Planning shall be the Responsible Official for processing and review of the Application. iii. Such petition shall be recommended for approval or denial by the Planning and Zoning Commission, and shall be granted approval or denied by the City Council. Subsection Zoning Relief Procedures 217

228 iv. If no petition is submitted, then the Required Plan shall be deemed to have expired and shall become null and void. (a) Any new request for Required Plan approval thereafter shall be deemed a new permit, and shall be submitted with a new Application Form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this Section. (b) The new request shall also be reviewed for compliance with the ordinances and regulations in effect at the time the new Application is made. v. In determining whether to grant a request for extension, the Planning and Zoning Commission and City Council shall take into account the following: (a) The ability of the property owner to comply with any conditions attached to the original approval, and (b) The extent to which development regulations would apply to the Required Plan at that point in time. 2. Building Permit Site Plan Validity and Expiration A Site Plan required as part of a building permit Application shall be considered a permit as described by State law in Chapter , as amended, of the Texas Local Government Code (TLGC). Building Permit Site Plan Expiration Any approved Building Permit Site Plan shall be deemed expired two (2) years from the date on which the Building Permit Site Plan was approved if no progress has been made toward completion of the project. Progress Benchmarks The term progress shall be as defined based on TLGC Chapter as follows: i. Plans for construction and an Application for a building permit for at least one of the buildings on the approved Building Permit Site Plan are submitted within two (2) years following approval of the Building Permit Site Plan. ii. 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; iii. Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five percent (5%) of the most recent appraised market value of the real property on which the project is located; iv. Fiscal security is posted with the City to ensure performance of an obligation required by the City; or v. Utility connection fees or impact fees for the project have been paid to the City. Expiration If one of the items listed in b.i through b.v above is not accomplished within the two (2) year period, then the approved Building Permit Site Plan shall expire and shall become null and void. Building Permit Site Plan Extension and Reinstatement Petition 218 Section 2. Zoning Regulations

229 i. Prior to the expiration of a Building Permit Site Plan, the Applicant may petition the City (in writing) to extend the Building Permit Site Plan approval. ii. The Director of Planning shall be the Responsible Official for processing and review of the Application. iii. Such petition shall be recommended for approval or denial by the Planning and Zoning Commission, and shall be granted approval or denial by the City Council. iv. If no petition is submitted, then the Building Permit Site Plan shall be deemed to have expired and shall become null and void. (a) Any new request for Building Permit Site Plan approval shall be deemed a new permit, and shall be submitted with a new Application Form, with a new filing fee, and with new plans and materials in accordance with the procedures set forth in this Section. (b) The new request shall also be reviewed for compliance with the ordinances and regulations in effect at the time the new Application is made. v. In determining whether to grant a request for extension, the Planning and Zoning Commission and City Council shall take into account the following reasons for the lapse. (a) The ability of the property owner to comply with any conditions attached to the original approval, and (b) The extent to which development regulations would apply to the Building Permit Site Plan at that point in time. 3. Planned Development Master Plan Validity and Expiration In conformance with TLGC Chapter 245, as amended, the Applicant shall retain the following additional rights related to an approved Planned Development Master Plan. Preliminary Plat Submittal within Two (2) Years Required i. An Application for a Preliminary Plat shall be submitted for approval within two (2) years of the date of approval of a Planned Development Master Plan, unless otherwise provided in the PD adopting ordinance. ii. If a Preliminary Plat consistent with the Planned Development Master Plan is not submitted within such period, the Planned Development Master Plan shall expire. Expiration of an Approved Planned Development Master Plan i. Expiration of an approved Planned Development Master Plan (based on a above) shall result in suspension of the ability to submit a Preliminary Plat related to the original Planned Development Master Plan. ii. A new Planned Development Master Plan must be submitted before the development process can continue. Expiration of an Approved Preliminary Plat i. The expiration of an approved Preliminary Plat shall be governed by the provisions of Section 3. Subdivision Regulations and Development Standards and this UDC. ii. If a required Development Application (e.g., Preliminary Plat, Final Plat, building permit) is submitted within the two (2) year period, but such Development Application subsequently expires, the associated Planned Development Master Plan shall also expire. 4. Ability to Retain the Rights to the Planned Development (PD) Project Subsection Zoning Relief Procedures 219

230 In conformance with TLGC Chapter 245, as amended, the Applicant shall retain the following rights related to a proposed Planned Development (PD) following submittal and approved of a Planned Development Master Plan. Ability to Submit Applications for Five (5) Years i. The Applicant shall retain the ability to submit a new Planned Development Master Plan for a period of five (5) years following the original Planned Development Master Plan approval. ii. Such new Planned Development Master Plan may only be for a substantially similar PD project. iii. However, any such new Planned Development Master Plan shall adhere to any and all new standards and regulations that the City has adopted in relation to a Planned Development Master Plan or any other PD Application requirements. Expiration of Project in Five (5) Years Any PD project for which no Preliminary Plat has been submitted for a period of five (5) years following the approval of the related Planned Development Master Plan shall expire on the last day of that five (5) year period. Planning and Zoning Commission Consideration i. After such five (5) year period has ended and the project expires, the Planning and Zoning Commission shall consider whether the undeveloped land within the PD District should be changed to another zoning classification in accordance with the procedures for a zoning amendment pursuant to Zoning Text and Map Amendments. ii. The Commission thereafter shall recommend to the City Council whether the right to submit a Preliminary Plat or other Development Application for the same PD project should be reinstated, or whether the property should be rezoned to another classification. City Council Consideration i. The Commission's recommendation (as outlined in c above) shall be considered by the City Council in accordance with procedures for a zoning amendment pursuant to Zoning Text and Map Amendments. ii. The Council shall determine whether the right to submit the Preliminary Plat or other Development Application for the same PD project should be reinstated, or whether the property should be rezoned to another classification. iii. In making such determination, the Council shall consider the following factors: (a) Whether the Planned Development (PD) remains consistent with the Comprehensive Plan; (b) Whether the uses authorized in the Planned Development (PD) are compatible with existing and planned land uses adjacent to the site; (c) Whether there are extenuating circumstances justifying the failure to submit a Preliminary Plat or other Development Application during the applicable time period; and (d) Whether rezoning the property to another classification constitutes confiscation of a vested property right or deprives the owner of the economically viable use of the land. Council Action Upon the above subsections occurring, the City Council may take the following actions: 220 Section 2. Zoning Regulations

231 i. Reinstate the right to submit the Preliminary Plat or other Development Application for the original PD project within a certain time period, subject to any conditions that may be appropriate to ensure that significant progress will be made toward development of land within the PD district; ii. Modify the PD district regulations applicable to the property; or iii. Repeal the PD district for portions of the property and zone such property to another zoning district classification. F. Decision of a Zoning Vested Rights Petition 1. Review of a Zoning Vested Rights Petition The Responsible Official shall promptly forward the owner s vested rights request, along with any supporting information or documentation provided along with the request, to the Director of Planning and City Attorney for their respective reviews. 2. Decision on a Zoning Vested Rights Petition The Director of Planning, after consultation with the City Attorney, shall issue a final administrative determination of whether a vested right exists in relation to the project, and shall identify, with particularity, all claims for vested rights that have been granted and all claims for vested rights that have been denied. The Director of Planning shall issue a final administrative determination with thirty (30) business days from the receipt of the Responsible Official. 3. Vesting Pre-Determination Conference Prior to rendering the final determination, the Director of Planning may request a predetermination conference with the owner to discuss the owner s vested rights claim and to ensure that the nature of the claim is fully and completely understood by the Director of Planning prior to a final determination being rendered. 4. Appeal to the Council of a Decision on a Zoning Vested Rights Petition G. Judicial Review If the property owner or the City Council believes that the Director of Planning s vested rights determination is in error, the property owner or City Council shall have the right to appeal within thirty (30) business days of such determination to the City Council, which will have jurisdiction to hear and decide the appeal pursuant to this UDC and Chapter 211 of the Texas Local Government Code. The property owner may also request the Board of Adjustment to grant a Zoning Variance from the regulations at issue under the same standards governing Zoning Variances for other matters, as set forth in this UDC or Chapter 211 of the Texas Local Government Code. 1. Should the property owner or any aggrieved person be dissatisfied with the actions of the City Council, they may avail themselves of all legal remedies to review the decision as set forth in Section of the Texas Local Government Code. H. Binding Determination 1. The Director of Planning s final determination, if not appealed to the City Council within thirty (30) business days, shall be immediately filed in the City s files related to the project and the determination shall be considered binding upon the City and the property owner for the duration of the project. Subsection Zoning Relief Procedures 221

232 2. Similarly, any decision by the City Council regarding a vested right claim shall be filed in the City s files related to the project and the determination shall be considered binding upon the City and the property owner for the duration of the project. 3. Notwithstanding the binding nature of the Director of Planning s final determination and any ruling by the City Council, the City and the property owner may, at any time, enter into a development agreement that, to the extent authorized by law, modifies the final determination and the applicable development regulations to be applied to the project. I. Action on Petition and Order 1. Action on the Petition On a petition or appeal, the Director of Planning or City Council may take any of the following actions: Deny the relief requested in the petition, and direct that the Application shall be reviewed and decided under currently applicable standards; Grant the relief requested in the petition, and direct that the Application be reviewed and decided in accordance with the standards contained in identified prior regulations; or Grant the relief requested in part, and direct that certain identified current standards be applied to the Application, while standards contained in identified prior regulations also shall be applied. 222 Section 2. Zoning Regulations

233 Section 3. Subdivision Regulations and Development Standards Subsection General Provisions Purpose Adopted October 2, 2017 A. All future subdivisions of land within the City limits and ETJ shall be laid out subject to the approval of the City as outlined within this UDC, and no other subdivision will be recognized by the City. B. These regulations are intended to promote the health, safety, morals, or general welfare of the municipality and the safe, orderly, and healthful development of the municipality (see TLGC Sec ) Applicability A. General Policy It is hereby declared to be the policy of the City to consider the subdivision and development of land, as subject to the control of the City, in order to carry out the purpose of the Comprehensive Plan, and to promote the orderly, planned, efficient, and economical development of the City and its ETJ. B. Subdivision and Development of Land Policies 1. Land shall not be subdivided or developed until proper provision has been made for drainage, water, wastewater, transportation and other facilities required by these regulations. 2. All public and private facilities and improvements shall be of at least a minimum capacity necessary to adequately serve the development and shall conform to and be properly related to the Comprehensive Plan and the Engineering Criteria Manual. 3. These regulations shall supplement, and facilitate the enforcement of, provisions and standards contained in the Zoning Regulations and building codes adopted by the City. C. Requirement to Plat Platting is required for the following purposes: 1. To create a building site on a single lot or tract; 2. To subdivide land to divide a lot or tract into two or more parcels for development of the parcels; 3. To combine lots or tracts; 4. To amend a Plat; or 5. To correct errors on an approved and recorded Plat. D. Exemptions to the Requirement to Plat The following are exemptions to the platting requirements in C above: 1. Dedication of an easement or Right-of-Way by a separate document recordable in the county records if approved by the City; or 2. Divisions of land created by order of a court of competent jurisdiction. Subsection General Provisions 223

234 Special Provisions for Enforcement A. Provisions 1. Plat Filing Requirement A Subdivision Plat shall not be filed of record until it has been approved by the City and all Public Improvements have been accepted by the City, and any such actual recording shall be void unless such approval shall be endorsed on the face of the Plat as hereinafter provided. The paragraph a above shall not apply to a Minor Plat or an Amending Plat. 2. Final Plat Required for Building Permits No building permit shall be issued by the City for any structure on a lot in a Subdivision for which a Final Plat has not been approved and filed for record, nor for any structure on a lot within a Subdivision which the standards contained herein or referred to herein have not been complied with in full. 3. Compliance with Standards Required 4. Dedications The City shall not authorize any other person nor shall the City itself repair, maintain, install or provide any streets or public utility services in any Subdivision for which the standards contained herein or referred to herein have not been complied with in full. See Adequate Public Facilities. Refusal or denial of a Plat by the City Council shall be deemed a refusal by the City to accept the offered dedications shown thereon. Approval of a Plat shall not impose any duty upon the City concerning the maintenance or improvement of any such dedicated parts until the proper authorities of the City have actually appropriated the same by final acceptance. Any such dedication, before or after actual appropriation may be vacated by the Council in any manner provided by law. 5. Services Prohibited The City shall not authorize any other person nor shall the City itself sell or supply any utility service such as water, gas, electricity, telephone, cable, communication or wastewater service within a Subdivision for which a Final Plat has not been approved or filed for record, nor in which the standards contained herein or referred to herein have not been complied with in full. 6. Action in a Court On behalf of the City, the City Attorney shall, when directed by the City Council, institute appropriate action in a court of competent jurisdiction to enforce the provisions of this UDC or the standards referred to herein with respect to any violation thereof which occurs within any area subject to all or a part of the provisions of this UDC. 224 Section 3. Subdivision Regulations and Development Standards

235 Public Improvements Required A. Subdivider s Responsibility 1. The subdivider shall furnish, install and construct the Public Improvements (water and wastewater systems and the street and drainage facilities) necessary for the proper development of the Subdivision. 2. All such facilities shall be designed and constructed in accordance with the City s Engineering Criteria Manual, and any other standards, specifications, and drawings as may be hereafter adopted, approved by the City Council and placed on file in the office of the City Secretary. B. Facilities Sizing 1. Where considered necessary by the City Engineer, the facilities shall be sized in excess of that required by this UDC or the Engineering Criteria Manual to provide for future growth and expansion. 2. The City Council shall have the authority to participate in the cost difference between the cost of the facility as sized by the City Engineer and the cost of the facility as sized per the requirements of this UDC or the Engineering Criteria Manual. 3. See C. Rough Proportionality and Fair Share Policy Statement for more details. C. Improvement Agreement 1. An Improvement Agreement is required when the City participates in the cost of any Public Improvements. 2. Improvement Agreements shall be based upon the requirements of this UDC, and shall provide the City with specific authority to complete the Public Improvements required in the Improvement Agreement in the event of failure by the developer, and to recover the full costs of such measures. 3. The Improvement Agreement shall be a legally binding agreement between the City and the Subdivider and shall specify the individual and joint responsibilities of both the City and the Subdivider. D. The Improvement Agreement shall contain: 1. As appropriate, provisions for pro rata payments, City participation in community facilities, escrow deposits or other payments for future facilities, variances granted to this chapter, and other particular aspects of the proposed Subdivision; 2. Authority for the City to withhold building permits, put a hold on construction and inspections in the event of breach by the Subdivider; 3. Provisions for financial security; 4. Insurance requirements in accordance with the City s requirements for public works projects; and 5. An indemnification clause by which the Subdivider shall agree to hold the City harmless against any claim arising out of the proposed Subdivision or any actions taken therein. E. The City Council may approve one or more forms for Improvement Agreements, which the City Manager may execute on behalf of the City. In the event of a disagreement between the City staff and the Subdivider concerning stipulations of the Improvement Agreement, the Subdivider may request City Council approval of alternative provisions. Subsection General Provisions 225

236 General Plat Requirements A. Development Application All submittals shall conform to the appropriate Development Application. B. Application Fees All Application fees shall be paid according to the Fee Schedule. C. Zoning Regulations Requirements All requirements pertaining to lot size, yard size, dwelling size, lot coverage, height, parking, loading and screening contained in the current Zoning Regulations of the City shall be adhered to for development under this UDC. D. Phased Development 1. All phased developments shall be in accordance with the Comprehensive Plan. 2. The City may establish size limits and requirements for phased development. 3. A concept development plan for the entire site shall be prepared and shall accompany all submittals for a Preliminary Plat and Final Plat. 4. Phased Developments shall coordinate with the surrounding land use plan and existing developments. 5. Each phase shall submit a Preliminary Plat and Final Plat. E. Park Dedication 1. Park dedication (including temporary access if necessary) shall be dedicated to the City with each phase at least in proportion to the size of the phase being platted. 2. If the City has determined that money shall be paid in lieu of land dedication, then the payments shall be made with each phase in proportion to the size of the phase being platted. F. Drainage If provisions are necessary for drainage facilities on the unplatted future phases of the development, then the Plat shall include separate instruments for (easements) off-site drainage needs and shall include appropriate notes and descriptions providing the City the appropriate permissions and approvals needed for access and for maintaining and improving the drainage system Extraterritorial Jurisdiction (ETJ) A. Subdivision Regulations and Development Standards in the ETJ Subdivision Regulations and Development Standards as they now exist or may hereafter be amended, are hereby extended to all of the area lying within the extraterritorial jurisdiction of the City and the rules and regulations within said Subdivision Regulations and Development Standards governing Plats and Subdivision of land shall be applicable to such area within said extraterritorial jurisdiction from and after the date of final passage of this UDC. B. Subdividing No person shall subdivide or plat any tract of land within the extraterritorial jurisdiction of the City except in conformity with the provisions of these Subdivision Regulations and Development Standards. 226 Section 3. Subdivision Regulations and Development Standards

237 C. Utility Extensions in the ETJ 1. Purpose and Applicability A petition for approval to extend City water or wastewater utility facilities under this Section applies only to land located within the City's extraterritorial jurisdiction. 2. Procedure A petition for approval to extend City water or wastewater utility facilities shall be submitted to the Director of Planning on a form furnished by the City. A petition shall include or be accompanied by a written request for annexation of the applicant's property. If the applicant's property is not contiguous to the City limits, the petition must be accompanied by a written request for annexation of an area at least 15 feet in width from each property owner, or, for public right-of-way, the entity having jurisdiction over the right-of-way, along the intended route of the utility extension. A petition for approval to extend City water or wastewater utility facilities will be reviewed by the City staff, and the Director of Planning will make a written report to the City Council on the petition. The City Council will evaluate the petition on the basis of the staff report and the criteria listed in 3 below. The City Council may either grant, grant subject to conditions, or deny the petition. 3. Policies Applicable to Petitions for Utility Extensions in ETJ The following policies shall be taken into consideration in deciding a petition for a utility extension: Whether the proposed development to be served by the extension is consistent with the Comprehensive Plan; Whether the extension is proposed to be constructed in accordance with the Engineering Criteria Manual, the provisions of this UDC, and all other applicable City regulations and standards; Whether it is feasible to annex the property, and any intervening property which is needed for utility rights-of-way, to the City in a timely manner; Whether the utility extension would compromise the City's ability to timely provide adequate water or wastewater facilities to property inside the City; Whether the utility extension will lead to premature development that cannot be served efficiently and timely by roadway, drainage or park facilities; Whether the utility extension is financially feasible given the proposed means of financing the extension; Whether the utility extension will lead to significant degradation of water quality or other environmental resources, either from construction of the water or wastewater improvements, development of petitioner's land, or development of other land that may be served through the extended facilities; and Whether the petitioner proposes to extend wastewater facilities without utilizing City water facilities. Subsection General Provisions 227

238 Subsection Subdivision Submittal and Processing Procedures Applicability, Completeness, and Expiration A. Applicability The following procedures shall apply to any subdivision related plan or Application that is required by the City and is submitted in accordance with this UDC. B. Determination of Completeness for Subdivision-Related Applications Every required Application shall be subject to a determination of completeness by the Responsible Official for processing the Application. 1. Acceptance Standards The Application shall only be accepted by the Responsible Official for processing when it is accompanied by all documents required by, and prepared in accordance with, the requirements of this UDC. A typographical error shall not, by itself, constitute an incomplete Application. 2. Acceptance Procedures A determination of completeness of an Application shall be conducted in accordance with the following procedures: A determination of completeness shall be made by the Responsible Official not later than the tenth (10 th ) business day, unless otherwise specified, after the Official Vesting Date. If the submitted Application is incomplete, then the Applicant shall be notified in writing not later than the tenth (10 th ) business day after the Official Vesting Date. i. Such notice shall be served by depositing it in the U.S. Postal Service, or by electronic mail transmission, before the tenth (10 th ) business day following submission of the Application. ii. The notification shall specify the documents or other information needed to complete the Application, and shall state the date the Application will expire (see E below) if the documents or other information are not provided to the City. An Application shall be deemed complete on the eleventh (11 th ) business day after the Application has been received if notice is not served in accordance with b above. If the Application is determined to be complete, the Application shall be processed as prescribed by this UDC. 3. Acceptance shall not Constitute Compliance A determination of completeness shall not constitute a determination of compliance with the substantive requirements of this UDC. 4. Acceptance shall not Guarantee Approval There is no implied intent or guarantee that an accepted and completed Application will be approved, if after the Application is deemed complete, it is determined that the Application does not comply with this UDC. C. Re-Submittal after Notification of Incompleteness 1. If the Application is re-submitted after a notification of incompleteness, the Application shall be processed upon receipt of the re-submittal. 2. The statutory 30-day time frame for Plat approvals shall begin on the date of the re-submittal. 228 Section 3. Subdivision Regulations and Development Standards

239 3. To the extent that the information or documents submitted is not sufficient to enable the Decision- Maker to apply the criteria for approval, the Application may be denied on such grounds. D. Waiver of Right to 30-Day Action The Director of Planning shall be the Responsible Official to approve a Waiver of Right to 30-Day Action. 1. Request An Applicant may submit in writing a Waiver of Right to 30-Day Action. 2. Received If the Applicant is requesting a Waiver of Right to 30-Day Action, the Waiver of Right to 30-Day Action must be received by the Director of Planning on or before the seventh (7 th ) calendar day prior to the Planning and Zoning Commission meeting at which action would have to be taken (based on the 30-day requirement in State law) on the Application. Waiver requests that are not received by that day shall not be considered properly submitted, and action shall be taken on the Application at such meeting as scheduled. 3. Requirements Maintained Submission of a Waiver of Right to 30-Day Action, and acceptance of such waiver by the City as part of an Application, shall not be deemed in any way a waiver to any requirement within this UDC. A waiver from requirements herein is a separate and distinct process (see Petition for Subdivision Waiver). E. Expiration of a Subdivision Related Application Before Approval Decision Pursuant to Texas Local Government Code Chapter 245, a subdivision related Application shall automatically expire (ending all vesting claims) at the close of business on the forty-fifth (45 th ) calendar day after the Application s Official Vesting Date, if: 1. The Applicant fails to provide documents or other information necessary to comply with the City s technical requirements relating to the form and content of the permit Application; 2. The City provides to the Applicant, not later than the tenth (10 th ) business day after the date the Application is filed, written notice that specifies the necessary documents or other information, and the date the Application will expire if the documents or other information is not provided; and 3. The Applicant fails to provide the specified documents or other information necessary to comply with the City s requirements relating to the Application within the time provided in the notification. F. Vesting Begins on the Official Vesting Date An Application shall be vested into the standards of the UDC in effect at the time of the Application s Official Vesting Date. G. Right to 30-Day Action for Plats Applications Begins on the Official Submission Date The statutory 30-day time frame for Plat approvals, established by TLGC 212, shall commence on the Official Submission Date. Subsection Subdivision Submittal and Processing Procedures 229

240 Actions and Notification Following Subdivision Application Decision A. Action by the Responsible Official 1. The Responsible Official for an Application shall initiate City review and assessment of the Application following the City s development review procedures. 2. The Responsible Official shall also, to the extent possible, work with the Applicant by advising on and communicating revisions that may be necessary to bring the Application into compliance with City regulations in preparation for consideration by the appropriate Decision-Maker. B. Decision The Decision-Maker for the Application shall approve, approve with conditions, or deny the Application within the time period prescribed by these Subdivision Regulations and Development Standards. C. Conditions Attached The Decision-Maker may attach such conditions to the approval of an Application as are reasonably necessary to ensure compliance with all applicable requirements of these Subdivision Regulations and Development Standards, in which case the Application is considered denied until the conditions are satisfied. D. Notification of Decision The City shall send written notice within fourteen (14) calendar days following the date of a decision on an Application. E. Notification of Appeal Whenever appeal is taken from a final decision on an Application following a public hearing, or whenever the City is to consider revocation of an Application which was obtained following a public hearing, personal notice of the appeal or revocation proceeding shall be provided to the Applicant. 230 Section 3. Subdivision Regulations and Development Standards

241 Public Hearings for Replat and Plat Vacation Applications A. Setting the Hearing 1. When the Responsible Official determines that an Application is complete and that a public hearing is required by these Subdivision Regulations and Development Standards (see B. General Notice and Public Hearing Requirements for Replats and C. Notice Requirements for Plat Vacation) or by State law, the official shall cause notice of such hearing to be prepared and made in accordance with State law. 2. The time set for the public hearing shall conform to the time periods required by Replat and Plat Vacation and by State law. B. Conduct of the Hearing 1. The public hearing shall be conducted in accordance with State law. 2. Any person may appear at the public hearing and submit evidence, either individually or as a representative of an organization. 3. Each person who appears at a public hearing shall state his or her name and address, and if appearing on behalf of an organization or Applicant, state the name of the organization or Applicant for the record. C. Record of Proceedings The board/commission conducting the hearing shall record the proceedings using standard municipal record-keeping procedures. D. Notice Requirements for Replats 1. Published Notice for Replats Whenever published notice of a public hearing for a Replat approval before the Council or Commission is required under state law or this UDC, the Responsible Official shall cause notice to be published in a newspaper of general circulation in the City before the fifteenth (15 th ) calendar day before the date set for the required hearing. The notice shall set forth the date, time, place and purpose of the hearing, and identification of the subject property, where the decision concerns an individual tract or parcel of land. 2. Personal Notice for Replats Notification by Mail Whenever personal notice of a Replat public hearing is required by state law or this UDC before the Council or Commission, the Director of Planning shall cause notice to be sent by regular mail before the fifteenth (15 th ) calendar day before the hearing date to the following: i. Each owner of real property located within the original subdivision within two hundred (200) feet of the exterior boundary of the property in question, and ii. The Applicant. Notification Details The notice shall set forth the name of the Applicant, the time, place and purpose of the hearing, identification of the subject property. i. Notice shall be sent to each owner indicated on the most recently approved municipal tax roll for land inside the City limits, and, when required by state law, on the most recently Subsection Subdivision Submittal and Processing Procedures 231

242 approved County tax roll for land in the extraterritorial jurisdiction. For recently annexed land that is not included on the most recently approved City or County tax roll, notice may be given by publication. ii. Notice shall be considered served by depositing the notice, properly addressed and first class postage prepaid, in the United States mail. E. Notice Requirements for Plat Vacations 1. Published notice of the public hearing on the Plat Vacation Application shall be given in accordance with Public Hearings for Replat and Plat Vacation Applications and State law. 2. The hearing shall be conducted by the City Council. 232 Section 3. Subdivision Regulations and Development Standards

243 Amendments and Expiration to Approved Subdivision Applications A. Amendments/Revisions to an Approved Subdivision Application Adopted October 2, 2017 Unless another method is expressly provided by these Subdivision Regulations and Development Standards, any request to amend or revise an approved Application shall be considered a new Application, which must be decided in accordance with the procedures governing the original Application and the standards in effect at the time such new Application is filed with the City. B. Expiration of an Approved Subdivision Application 1. Subdivision Application Expiration Two (2) Years Unless otherwise expressly provided by these Subdivision Regulations and Development Standards, an approved Application shall automatically expire two (2) years following the approval date of the Application (see G. Expiration Date for Construction Plans for expiration of Construction Plans), and shall become null and void, and all activities under the Application thereafter shall be deemed in violation of these Subdivision Regulations and Development Standards, if: The Applicant fails to satisfy any condition that was imposed by these Subdivision Regulations and Development Standards or as part of the approval of the Application or that was made under the terms of any Improvement Agreement, within the time limits established for satisfaction of such condition or term; or The Applicant fails to submit a subsequent complete Application required by these Subdivision Regulations and Development Standards within the time so required; or An Improvement Agreement (see C) is not approved for the development. 2. Applications with No Time Limit If no time limit for satisfaction of conditions is specified in the decision on the Application or in the regulations governing, the time shall be presumed to be two (2) years following the date the Application was approved. 3. Applications with Vested Right Unless a different date is determined pursuant to and upon review of a vested rights petition, an Application approved prior to the effective date of these Subdivision Regulations and Development Standards shall expire in accordance with the terms of the regulations in effect at the time the Application was filed. C. Effect of Expiration 1. Upon the expiration of an approved Application, all previously approved Applications for the same land shall also expire on the expiration date if the filing of an Application was required to avoid expiration for the previously approved Application(s). 2. Thereafter, a new Application must be submitted for consideration and approval subject to regulations in effect at the time the new Application is filed. Subsection Subdivision Submittal and Processing Procedures 233

244 Subsection Platting Requirements Subdivision Process Summary Any owner or Developer of any lot, tract, or parcel of land located within the corporate limits of the City or within its jurisdiction who wishes to subdivide such land shall conform to the process shown in Figure 53 or Figure 54. Figure 53. Summary of the Subdivision Process (Hold Final Plat) Pre-Application Meeting Optional meeting to discuss proposal with City staff Figure 54. Summary of the Subdivision Process (Security) Pre-Application Meeting Optional meeting to discuss proposal with City staff Sketch Plan Generalized layout of a larger site or phased development, if applicable Sketch Plan Generalized layout of a larger site or phased development, if applicable Preliminary Plat Detailed layout of the site to be developed Preliminary Plat Detailed layout of the site to be developed Construction Plans Construction details for the proposed improvements Construction Plans, Final Plat Application, and Security Construction detail, application for Final Plat, and required security Construction of Improvements Construction of the improvements Final Plat Final Plat approved and filed Inspection and Acceptance Inspection of the improvements and letter of acceptance Construction of Improvements Construction of the improvements Final Plat Filed with the County once improvements have been accepted by the City Inspection and Acceptance Inspection of the improvements and letter of acceptance Zoning Procedures Site Plan, Building Permit, Construction, Certificate of Occupancy Zoning Procedures Site Plan, Building Permit, Construction, Certificate of Occupancy 234 Section 3. Subdivision Regulations and Development Standards

245 Pre-Application Meeting See Subsection Pre-Application Meeting Sketch Plan A. Purpose The purpose of a Sketch Plan shall be to serve as a visual aid to the Applicant and Director of Planning during the Pre-Application Meeting (Subsection ), particularly for larger or phased developments. The Sketch Plan is intended to identify major development considerations such as utilities, roadways, drainage concerns, Comprehensive Plan elements, specific neighborhood characteristics, and historic information. B. Sketch Plan for the Pre-Application Meeting 1. A Sketch Plan shall be prepared by the Applicant. The Applicant shall provide a Sketch Plan a minimum of 48 hours prior to a scheduled Pre-Application Meeting. 2. The Sketch Plan shall show the entire property ownership and any approved Planned Development (PD) s Planned Development Master Plan if applicable. C. Sketch Plan Standards The Sketch Plan shall be a freehand pencil sketch or computer drawn sketch to approximate scale and shall show the following elements: 1. Street layouts, 2. Lots, 3. The boundaries of the original property in its entirety, 4. Proposed improvements, and 5. Other significant features, as requested by the City. Subsection Platting Requirements 235

246 Types of Plats Table 32 is a summary of the various plat types. In the event of a conflict with this table, the applicable plat section regulations shall apply. Table 32. Summary of Plat Types Plat Type Use Approval Authority Notes Sketch Plan Visual aid during voluntary Pre-Application Meeting before a Preliminary Plat N/A Required if the Applicant chooses to have a Pre-Application Meeting Preliminary Plat Required before a Final Plat P&Z Final Plat Required to record subdivision of property P&Z Final Plat can be held from recording until improvements have been properly installed, or filed before construction with the appropriate surety. Minor Plat Plat of four or fewer lots that already have the necessary infrastructure in place Director Replat Replat of currently platted lots without a Plat Vacation P&Z Requires a public hearing. Amending Plat Minor revisions to a recorded Plat Director Plat Vacation Vacate a previously recorded Plat City Council 236 Section 3. Subdivision Regulations and Development Standards

247 Preliminary Plat A. Purpose The purpose of a Preliminary Plat shall be to determine the general layout of the subdivision, the adequacy of public facilities needed to serve the intended development, and the overall compliance of the land division with applicable requirements of these Subdivision Regulations and Development Standards. B. Applicability No subdivision of land shall be allowed without proper submittal, approval, and adoption of a Preliminary Plat. C. Exceptions A Preliminary Plat is not required when a Minor Plat is submitted (refer to Minor Plat). D. Accompanying Applications 1. Preliminary and Other Types of Plans An Application for a Preliminary Plat shall be accompanied by the following: i. Preliminary Drainage Plan (see I); ii. Preliminary Utility Plan (see C); and iii. Other plans if deemed necessary for thorough review by the Director of Planning or the City Engineer, such as a Conveyance Plat or Planned Development Master Plan. Approval of each shall be separate and in accordance with this Preliminary Plat. 2. Current Title Commitments The Applicant shall furnish with the Application to the City a current title commitment issued by a title insurance company authorized to do business in Texas, a title opinion letter from an attorney licensed to practice in Texas, or some other acceptable proof of ownership, identifying all persons having an ownership interest in the property subject to the Preliminary Plat. E. Review by Director of Planning The Director of Planning shall: 1. Initiate review of the plat and materials submitted (including the required Preliminary Drainage Plan and Preliminary Utility Plan). 2. Make available Plats and reports to the Commission for review. Upon determination that the Application is ready to be acted upon, schedule the Preliminary Plat for consideration on the agenda of the next available meeting of the Planning and Zoning Commission. F. Action by the Planning and Zoning Commission 1. Approval by the Planning and Zoning Commission is required for all Preliminary Plats. 2. The Commission shall: Review the Preliminary Plat Application, the findings of the Director of Planning, and any other information available. i. From all such information, the Commission shall determine whether the Preliminary Plat conforms to these Subdivision Regulations and Development Standards. Subsection Platting Requirements 237

248 Act within thirty (30) calendar days following the Official Submission Date, unless the Applicant submits a Waiver of Right to 30-Day Action as outlined in D. i. If no decision is rendered by the Commission within the thirty (30) day period described above or such longer period as may have been agreed upon, the Preliminary Plat, as submitted, shall be deemed approved by the Commission. Take one of the following actions: i. Approve the Preliminary Plat; ii. Approve the Preliminary Plat with conditions, which shall mean that the Preliminary Plat shall be considered to have been approved once such conditions are fulfilled and until the conditions are satisfied, it is considered denied; or G. Criteria for Approval iii. Deny the Preliminary Plat. The following criteria shall be used by the Commission to determine whether the Application for a Preliminary Plat shall be approved, approved with conditions, or denied: 1. All Plats must be drawn to conform to the zoning regulations currently applicable to the property. If a zoning change for the property is proposed, then the zoning change must be completed before the approval of any Preliminary Plats/Final Plats; 2. No Plat or Replat may be approved that leaves a structure located on a nonconforming lot. 3. The Preliminary Plat is consistent with any approved Improvement Agreement; 4. The proposed provision and configuration of Public Improvements including, but not limited to, roads, water, wastewater, storm drainage, park facilities, open spaces, habitat restoration, easements and Right-of-Way are adequate to serve the development, meet applicable standards of these Subdivision Regulations and Development Standards, and conform to the City s adopted master plans for those facilities; 5. The Preliminary Plat has been duly reviewed by applicable City staff; 6. The Preliminary Plat conforms to design requirements and construction standards as set forth in the Engineering Criteria Manual; 7. The Preliminary Plat is consistent with the adopted Comprehensive Plan, except where application of the Plan may conflict with State law; 8. The Preliminary Plat is consistent with an approved Conveyance Plat. 9. The proposed development represented on the Preliminary Plat does not endanger public health, safety or welfare; and 10. The Preliminary Plat conforms to the Director of Planning s subdivision Application checklists. H. Effect of Approval 1. The approval of a Preliminary Plat shall allow the Applicant to proceed with the development and platting process by submitting Construction Plans ( ) and a Final Plat ( ). 2. Approval of the Preliminary Plat shall be deemed general approval of the subdivision s layout only, and shall not constitute approval or acceptance of Construction Plans or a Final Plat. I. Expiration 1. Two-Year Validity 238 Section 3. Subdivision Regulations and Development Standards

249 The approval of a Preliminary Plat shall remain in effect for a period of two (2) years following the date of approval, during which period the Applicant shall submit and receive approval for Construction Plans and a Final Plat for the land area shown on the Preliminary Plat. If Construction Plans and a Final Plat Application have not been approved within the two (2) year period, the Preliminary Plat shall expire. 2. Relationship to Construction Plans A Preliminary Plat shall remain valid for the period of time in which approved Construction Plans are valid ( G. Expiration Date for Construction Plans). 3. Action on Final Plat Should a Final Plat Application be submitted within the two (2) year period, but not be acted upon by the Commission or City Council within the two (2) year period, the Preliminary Plat shall expire unless an extension is granted as provided in J below. 4. Void If Not Extended If the Preliminary Plat is not extended as provided in J below, it shall expire and shall become null and void. J. Preliminary Plat Extension A Preliminary Plat may be extended for a period not to exceed one (1) year beyond the Preliminary Plat s expiration date. A request for extension shall be submitted to the Director of Planning in writing at least thirty (30) calendar days prior to expiration of the Preliminary Plat, and shall include reasons why the Preliminary Plat should be extended. 1. Decision by the Director of Planning The Director of Planning will review the extension request and shall approve it, approve it with conditions, or deny the extension request within thirty (30) calendar days following the Official Vesting Date of the request. Should the Director of Planning fail to act on an extension request within thirty (30) calendar days, the extension shall be deemed to be approved. 2. Considerations In considering an extension, the Director of Planning shall consider whether the following conditions exist: 3. Conditions A Final Plat has been submitted or approved for any portion of the property shown on the Preliminary Plat; Construction Plans have been submitted or approved for any portion of the property shown on the Preliminary Plat; Construction is occurring on the subject property; The Preliminary Plat complies with new ordinances that impact the health, safety and general welfare of the community; or If there is a need for a park, school or other public facility or improvement on the property. In granting an extension, the Director of Planning may impose such conditions as are needed to ensure that the land will be developed in a timely fashion and that the public interest is served. Subsection Platting Requirements 239

250 Any extension may be predicated upon compliance with new development regulations or the Applicant waiving any vested rights. 4. Appeal of Denial for Extension Appeal of the Director of Planning s Decision i. The denial of an extension by the Director of Planning may be appealed to the Commission. ii. A written request for such appeal shall be received by the Director of Planning within fourteen (14) calendar days following the denial. iii. The Commission shall hear and consider such an appeal within thirty (30) calendar days following receipt of the appeal request by the Director of Planning. Appeal of the Commission s Decision i. The denial of an extension by the Commission may be appealed to the City Council. ii. A written request for such appeal shall be received by the Director of Planning within fourteen (14) calendar days following the decision for denial. iii. The City Council shall hear and consider such an appeal within thirty (30) calendar days following receipt of the appeal request by the Planning and Development Department, otherwise the decision shall be considered appealed. iv. The decision of the City Council is final. K. Amendments to Preliminary Plats Following Approval 1. Minor Amendments to Preliminary Plats Minor amendments to the design of the subdivision subject to an approved Preliminary Plat may be incorporated in an Application for approval of a Final Plat without the necessity of filing a new Application for re-approval of a Preliminary Plat. Minor amendments may only include minor adjustments in street or alley alignments, lengths and paving details, and minor adjustments to plot lines that: i. Do not result in creation of additional lots or any nonconforming lots (such as to zoning standards), and ii. Are consistent with approved prior Applications. 2. Major Amendments to Preliminary Plats All other proposed changes to the design of the subdivision subject to an approved Preliminary Plat shall be deemed major amendments that require submittal and approval of a new Application for approval of a Preliminary Plat (including new fees, new reviews, new Official Vesting Date, new Official Submission Date, etc.) before approval of Construction Plans or a Final Plat. 3. Determination of Minor or Major Amendment The Director of Planning shall make a determination of whether proposed amendments are deemed to be minor or major, thereby requiring new submittal of a Preliminary Plat. 240 Section 3. Subdivision Regulations and Development Standards

251 Final Plat A. Purpose The purpose of a Final Plat is to ensure: 1. That the proposed Subdivision and development of the land is consistent with all standards of these Subdivision Regulations and Development Standards pertaining to the adequacy of public facilities, 2. That Public Improvements to serve the Subdivision or development have been installed and accepted by the City, or that provision for such installation has been made, and 3. That all other City requirements and conditions have been satisfied or provided for to allow the Final Plat to be recorded. B. Applicability No subdivision of land shall be allowed without proper submittal, approval, and adoption of a Final Plat. C. Exceptions A Final Plat is not required when a Minor Plat is submitted (see Minor Plat). D. Ownership 1. The Applicant shall furnish with the Application to the City a current title commitment issued by a title insurance company authorized to do business in Texas, a title opinion letter from an attorney licensed to practice in Texas, or some other acceptable proof of ownership, identifying all persons having an ownership interest in the property subject to the Final Plat. 2. The Final Plat shall be signed by each owner, or by the representative of the owners authorized to sign legal documents for the owners and lienholder, effectively denoting that they are consenting to the platting of the property and to the dedications and covenants that may be contained in the Final Plat. E. Accompanying Applications 1. An Application for a Final Plat may be accompanied by Construction Plans if also accompanied by an Improvement Agreement and appropriate surety in accordance with Improvement Agreements and Security for Completion. 2. Approval of each shall be separate and in accordance with this Final Plat and Construction Plans. F. Prior Approved Preliminary Plat The Final Plat and all accompanying data shall conform to the approved Preliminary Plat, or as the Preliminary Plat may have been amended subsequently by K. Amendments to Preliminary Plats Following Approval, if applicable, incorporating all conditions imposed or required, if applicable. G. Review by Director of Planning The Director of Planning shall: 1. Initiate review of the plat and materials submitted. 2. Make available Plats and reports to the Commission for review. 3. Upon determination that the Application is ready to be acted upon, schedule the Final Plat for consideration on the agenda of the next available meeting of the Commission. Subsection Platting Requirements 241

252 H. Action by Planning and Zoning Commission 1. Approval by the Planning and Zoning Commission is required for all Final Plats. 2. The Commission shall: Review the Final Plat Application, the findings of the Director of Planning, and any other information available. i. From all such information, the Commission shall determine whether the Final Plat conforms to the applicable regulations of these Subdivision Regulations. Act within thirty (30) calendar days following the Official Submission Date, unless the Applicant submits a Waiver of Right to 30-Day Action as outlined in D. i. If no decision is rendered by the Commission within the thirty (30) day period described above or such longer period as may have been agreed upon, the Final Plat, as submitted, shall be deemed to be approved by the Commission. Take one of the following actions: i. Approve the Final Plat; ii. Approve the Final Plat with conditions, which shall mean that the Final Plat shall be considered to have been approved once such conditions are fulfilled, and until the conditions are satisfied, it is considered denied; or iii. Deny the Final Plat. A motion to approve a Final Plat shall be subject to the following conditions, whether or not stated in the motion to approve: i. All required fees shall be paid. ii. All covenants required by ordinances have been reviewed and approved by the City. iii. On-site easements and rights-of-way have been dedicated and filed of record and properly described and noted on the proposed plat. iv. All required abandonments of public rights-of-way or easements that must be approved by the City Council and the abandonment ordinance numbers are shown on the plat. v. Original tax certificates have been presented from each taxing unit with jurisdiction of the real property showing the current taxes are paid. I. Final Plat Criteria for Approval The following criteria shall be used by the Commission to determine whether the Application for a Final Plat shall be approved, approved with conditions, or denied. 1. With Prior Approved Preliminary Plat The Final Plat conforms to the approved Preliminary Plat except for minor amendments that are authorized under K. Amendments to Preliminary Plats Following Approval and that may be approved without the necessity of revising the approved Preliminary Plat; All conditions imposed at the time of approval of the Preliminary Plat, as applicable, have been satisfied; The Construction Plans conform to the requirements of Construction Plans and have been approved by the City Engineer; 242 Section 3. Subdivision Regulations and Development Standards

253 Where Public Improvements have been installed, the improvements conform to the approved Construction Plans and have been approved for acceptance by the City Engineer; Where the City Engineer has authorized Public Improvements to be deferred, an Improvement Agreement has been executed and submitted by the property owner in conformity with Subsection Construction Plans and Procedures; The final layout of the Subdivision or development meets all standards for adequacy of public facilities contained in this UDC; The Plat conforms to design requirements and construction standards as set forth in the Engineering Criteria Manual; and The plat conforms to Director of Planning s subdivision Application checklists and UDC regulations. 2. Without Prior Approved Preliminary Plat The Final Plat conforms to all criteria for approval of a Preliminary Plat; The Construction Plans conform to the requirements of Construction Plans and have been approved by the City Engineer; An Improvement Agreement with surety for installation of Public Improvements has been prepared and executed by the property owner in conformance with Subsection Construction Plans and Procedures; The final layout of the Subdivision or development meets all standards for adequacy of public facilities contained in this UDC; and The Final Plat conforms to the Director of Planning s subdivision Application checklist and UDC regulations. J. Procedures for Final Plat Recordation upon Approval The Applicant shall supply to Director of Planning the required number of signed and executed copies of the Final Plat that will be needed to file the Plat with the County (in the County s required format) at least seven (7) calendar days prior to the meeting at which it will be considered for approval. 1. General Signatures After approval of the Final Plat, the Director of Planning shall procure the appropriate City signatures on the Final Plat. Recording upon Performance The Final Plat shall be recorded after: i. The Final Plat is approved by the City; ii. All required Public Improvements have been completed and accepted by the City or an Improvement Agreement has been executed and appropriate surety provided in accordance with Improvement Agreements and Security for Completion; and iii. All County filing requirements are met. Subsection Platting Requirements 243

254 2. Submittal of Final Plat Where Improvements Installed Where all required Public Improvements have been installed prior to recording of the Final Plat, the Applicant shall meet all requirements in accordance with Subsection Construction Plans and Procedures. 3. Submittal of Final Plat Where Improvements Have Not Been Installed Where some or all required Public Improvements are not yet completed in connection with an approved Final Plat, the Applicant shall submit the Final Plat as approved, revised to reflect any conditions imposed as part of approval. 4. Update of Proof of Ownership If there has been any change in ownership since the time of the Proof of Ownership provided under D above, the Applicant shall submit a new consent agreement executed by each owner and lienholder consenting to the platting of the property and the dedications and covenants contained in the Plat. K. Effect of Approval The approval of a Final Plat: 1. Supersedes any prior approved Preliminary Plat for the same land. 2. If applicable, authorizes the Applicant to install any improvements in public Right-of-Way in conformance with approved Construction Plans and under an Improvement Agreement (see Subsection Construction Plans and Procedures). 3. Authorizes the Applicant to seek Construction Release (see ) or issuance of a Building Permit. L. Revisions Following Recording/Recordation Revisions may only be processed and approved as a Replat or Amending Plat, as applicable. M. Signature Blocks 1. Signature blocks shall be used in conjunction with the Final Plat. 2. The required signature blocks shall be maintained by the Director of Planning. 244 Section 3. Subdivision Regulations and Development Standards

255 Minor Plat A. Purpose The purpose of a Minor Plat is to simplify divisions of land under certain circumstances as outlined in Texas Local Government Code Section B. Applicability An Application for approval of a Minor Plat may be filed only in accordance with State law, when all of the following circumstances apply: 1. The proposed division results in four (4) or fewer lots; 2. All lots in the proposed Subdivision front onto an existing public street and the construction or extension of a street or alley is not required to meet the requirements of these Subdivision Regulations and Development Standards; and 3. Except for Right-of-Way widening and easements, the plat does not require the extension of any municipal facilities to serve any lot within the Subdivision. C. Application Requirements The requirements for the submittal of a Minor Plat shall be determined by the Director of Planning. D. Additional Requirements The Application must also meet the following requirements to be considered a Minor Plat: 1. The proposed Plat shall be for the Subdivision of one lot into four (4) or fewer lots. 2. The person, firm or corporation owning the property shall not have more than one Minor Plat approved during any twelve (12) month period. 3. The person, firm or corporation presenting the proposed Plat shall dedicate all easements and Right-of-Way as required elsewhere in these regulations. E. Minor Plat Criteria for Approval The following criteria shall be used to determine whether the Application for a Minor Plat shall be approved, approved with conditions, or denied: 1. The Minor Plat is consistent with all zoning requirements for the property (if applicable), any approved Improvement Agreement (if applicable), and all other requirements of these Subdivision Regulations and Development Standards that apply to the Plat; 2. All lots to be created by the plat already are adequately served by improved public street access and by all required City utilities and services and by alleys, if applicable; 3. The ownership, maintenance and allowed uses of all designated easements have been stated on the Minor Plat; and 4. Except for Right-of-Way widening and easements, the plat does not require the extension of any municipal facilities to serve any lot within the subdivision. F. Action by Director of Planning The Director of Planning shall: 1. Initiate review of the plat and materials submitted 2. Determine whether the Minor Plat meets the regulations of these Subdivision Regulations and Development Standards. Subsection Platting Requirements 245

256 3. Act within thirty (30) calendar days following the Official Submission Date, unless the Applicant submits a Waiver of Right to 30-Day Action as outlined in D. If no decision is rendered by the Director of Planning, or if the Director of Planning has not deferred the Application to the Planning and Zoning Commission for decision, within the thirty (30) day period described above or such longer period as may have been agreed upon, the Minor Plat, as submitted, shall be deemed to be approved. 4. Take one of the following actions: Approve the Minor Plat; Approve the Minor Plat with conditions, which shall mean that the Minor Plat shall be considered to have been approved once such conditions are fulfilled and until the conditions are satisfied, it is considered denied; or Defer the Minor Plat to the Planning and Zoning Commission for consideration prior to expiration of the required 30-day approval period unless a Waiver of Right to 30-Day Action is submitted in accordance with D. G. Deferral of Decision of a Minor Plat Application Per F.4.c above, if the Director of Planning defers the Minor Plat Application to the Planning and Zoning Commission and City Council, the procedures shall be the same as the procedures for action on a Final Plat. H. Procedures for Minor Plat Recordation Following Approval The procedures for recordation of a Minor Plat shall be the same as the procedures for recordation of a Final Plat, as outlined in J above. I. Revisions Following Approval Revisions may only be processed and approved as a Replat or Amending Plat, as applicable. 246 Section 3. Subdivision Regulations and Development Standards

257 Replat A. Purpose and Applicability 1. A Replat of all or a portion of a recorded Plat may be approved in accordance with State law without vacation of the recorded Plat, if the Replat: Is signed and acknowledged by only the owners of the property being replatted; Is approved after a public hearing; and Does not propose to amend or remove any covenants or restrictions previously incorporated in the recorded Plat. 2. A Replat shall be subject to approval by the Commission. B. General Notice and Public Hearing Requirements for Replats 1. Published notice of the public hearings on the Replat Application shall be given in accordance with Public Hearings for Replat and Plat Vacation Applications, if applicable. See specific notice and hearing requirements for Certain Replats in F.2. Notice and Public Hearing Requirements for Certain Replats). 2. A public hearing shall be conducted by the Commission on all Replat Application. C. Application The Application for a Replat of a Subdivision shall meet all Application requirements of a Final Plat. The Applicant shall acknowledge that the Replat will not amend or remove any covenants or restrictions previously incorporated in the recorded Plat. D. Partial Replat Application If a Replat is submitted for only a portion of a previously platted subdivision, the Replat must reference the previous Subdivision name and recording information, and must state on the Replat the specific lots which are being changed along with a detailed Purpose for Replat statement. E. Criteria for Approval 1. The Replat of the Subdivision shall meet all review and approval criteria for a Final Plat. 2. The Replat document shall be prepared by a Registered Professional Land Surveyor in Texas. F. Additional Requirements for Certain Replats 1. Applicability of Certain Replats Pursuant to Texas Local Government Code Chapter , a Replat without vacation of the preceding Plat must conform to the requirements of this subsection F if: During the preceding five (5) years, any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than two (2) residential units per lot; or Any lot in the preceding plat was limited by deed restrictions to residential use for not more than two (2) residential units per lot. 2. Notice and Public Hearing Requirements for Certain Replats Notice of the required public hearing shall be given before the fifteenth (15 th ) calendar day before the date of the hearing by: Subsection Platting Requirements 247

258 3. Protest Publication in an official newspaper or a newspaper of general circulation in the applicable City or unincorporated area (as applicable) in which the proposed Replat property is located; and Written notice, with a copy of Section (c) of the Texas Local Government Code (as amended) attached, forwarded by the City to the owners of lots that are in the original Subdivision and that are within two hundred (200) feet of the lots to be replatted, as indicated on the most recently approved municipal tax roll or in the case of a Subdivision within the ETJ, the most recently approved applicable county tax roll of the property upon which the Replat is requested. The written notice may be delivered by depositing the notice, properly addressed with postage prepaid, in a post office or postal depository within the boundaries of the City. If the Replat Application is accompanied by a waiver petition (per Petition for Subdivision Waiver) and is protested in accordance with this subsection 3.), approval of the Replat shall require the affirmative vote of at least three-fourths of the voting members of the Commission present at the meeting. For a legal protest, written instruments signed by the owners of at least twenty (20) percent of the area of the lots or land immediately adjoining the area covered by the Replat Application and extending two hundred (200) feet from that area, but within the original Subdivision, must be filed with the Commission prior to the close of the public hearing. The area of streets and alleys shall be included in the area computations. G. Replat Review and Approval The review and approval processes for a Replat shall be the same as the review and approval processes for a Final Plat (except for the special public hearing and notice requirements described in F.2. Notice and Public Hearing Requirements for Certain Replats). H. Effect Upon approval of the Application, the Replat may be recorded and is controlling over the previously recorded Plat for the portion replatted. 248 Section 3. Subdivision Regulations and Development Standards

259 Amending Plat A. Purpose The purpose of an Amending Plat shall be to provide an expeditious means of making minor revisions to a recorded Plat consistent with provisions of State law. B. Applicability The procedures for an Amending Plat shall apply only if the sole purpose of the Amending Plat is to achieve one or more of the following Purposes: 1. Error Corrections or Administrative Adjustments Correct an error in a course or distance shown on the preceding Plat. Add a course or distance that was omitted on the preceding Plat. Correct an error in a real property description shown on the preceding Plat. Indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor responsible for setting monuments. Show the location or character of a monument that has been changed in location or character or that is shown incorrectly as to location or character on the preceding Plat. Correct any other type of scrivener or clerical error or omission previously approved by the municipal authority responsible for approving Plats, including lot numbers, acreage, street names, and identification of adjacent recorded Plats. Correct an error in courses and distances of lot lines between two adjacent lots if: i. Both lot owners join in the Application for amending the Plat; ii. Neither lot is abolished; iii. The amendment does not attempt to remove recorded covenants or restrictions; and iv. The amendment does not have a material adverse effect on the property rights of the other owners in the Plat. 2. Relocate Lot Lines Relocate a lot line to eliminate an inadvertent encroachment of a building or other improvement on a lot line or easement. Relocate one or more Lot Lines between one or more adjacent lots if: i. The owners of all those lots join in the Application for amending the Plat; ii. The amendment does not attempt to remove recorded covenants or restrictions; and 3. Replatting iii. The amendment does not increase the number of lots. Make necessary changes to the preceding Plat to create six (6) or fewer lots in the Subdivision or a part of the Subdivision covered by the preceding Plat if: i. The changes do not affect applicable zoning and other regulations of the municipality; ii. The changes do not attempt to amend or remove any covenants or restrictions; and iii. The area covered by the changes is located in an area that the City has approved, after a public hearing, as a residential improvement area. Subsection Platting Requirements 249

260 Replat one or more lots fronting on an existing street if: i. The owners of all those lots join in the Application for amending the Plat; ii. The amendment does not attempt to remove recorded covenants or restrictions; C. Notice Not Required iii. The amendment does not increase the number of lots; and iv. The amendment does not create or require the creation of a new street or make necessary the extension of municipal facilities. The approval and issuance of an Amending Plat shall not require notice, hearing or approval of other lot owners. D. Action by Director of Planning The Director of Planning shall: 1. Initiate review of the plat and materials submitted. 2. Determine whether the Amending Plat meets the regulations of these Subdivision Regulations and Development Standards. 3. Act within thirty (30) calendar days following the Official Submission Date, unless the Applicant submits a Waiver of Right to 30-Day Action as outlined in D. 4. Take one of the following actions: Approve the Amending Plat; Approve the Amending Plat with conditions, which shall mean that the Amending Plat shall be considered to have been approved once such conditions are fulfilled and until the conditions are satisfied, it is considered denied; or Defer the Amending Plat to the Commission for consideration prior to expiration of the required 30-day approval period unless a Waiver of Right to 30-Day Action is submitted in accordance with D. E. Deferral of Decision on an Amending Plat Application Per D.4.c above, if the Director of Planning defers the Amending Plat Application to the Planning and Zoning Commission, the Commission shall consider the Application at a regular meeting no later than thirty (30) calendar days after the date on which the Director of Planning deferred the Application to the Commission. The Commission shall, upon simple majority vote, take one of the following actions: 1. Approve the Amending Plat; 2. Approve the Amending Plat with conditions, which shall mean that the Amending Plat shall be considered to have been approved once such conditions are fulfilled and until the conditions are satisfied, it is considered denied; or 3. Deny the Amending Plat. 250 Section 3. Subdivision Regulations and Development Standards

261 Plat Vacation A. Purpose The purpose of a Plat Vacation is to provide an expeditious means of vacating a recorded Plat in its entirety, consistent with provisions of State law. B. Initiation of a Plat Vacation 1. By Property Owner The property owner of the tract covered by a Plat may submit an Application to vacate the Plat at any time before any lot in the Plat is sold. 2. By All Lot Owners If lots in the Plat have been sold, an Application to vacate the plat must be submitted by all the owners of lots in the Plat. 3. City Council If the City Council, on its own motion, determines that the Plat should be vacated in the interest of and to protect the public s health, safety and welfare; and: No lots within the approved Plat have been sold within five (5) years following the date that the Final Plat was approved by the City; or The property owner has breached an Improvement Agreement, and the City is unable to obtain funds with which to complete construction of Public Improvements, except that the vacation shall apply only to lots owned by the property owner or its successor; or The Plat has been of record for more than five (5) years, and the City Council determines that the further sale of lots within the Subdivision or addition presents a threat to public health, safety and welfare, except that the vacation shall apply only to lots owned by the property owner or its successors. C. Notice Requirements for Plat Vacation Published notice of the public hearing shall be given in accordance with Public Hearings for Replat and Plat Vacation Applications. D. Review and Recommendation by the Director of Planning The Director of Planning shall: 1. Initiate review of the Plat Vacation Application and materials submitted. 2. Recommend action on Plat Vacation to the City Council. E. Action by the City Council The City Council shall: 1. Review the Plat Vacation Application, the findings of the Director of Planning, and any other information available. From all such information, the City Council shall make a finding as to whether or not the plat should be vacated. Subsection Platting Requirements 251

262 2. Take one of the following actions: Approve the Plat Vacation; Approve the Plat Vacation with conditions, which shall mean that the Plat Vacation shall be considered to have been approved once such conditions are fulfilled and until the conditions are satisfied, it is considered denied; or Deny the Plat Vacation. 3. The City Council s decision on a Plat Vacation shall be final. F. Procedures for Recordation Following Approval 1. If the City Council adopts a resolution vacating a plat in whole, it shall record a copy of the resolution in the County Clerk's Office. 2. If the City Council adopts a resolution vacating a plat in part, it shall cause a revised Final Plat to be recorded along with the resolution which shows that portion of the original plat that has been vacated and that portion that has not been vacated. G. Effect 1. On the execution and recording of the vacating instrument, the previously filed plat shall have no effect. Regardless of the City Council's action on the petition, the property owner(s) or Developer will have no right to a refund of any monies, fees or charges paid to the City nor to the return of any property or consideration dedicated or delivered to the City except as may have previously been agreed to by the City Council. 2. The Plat is vacated when a signed, acknowledged instrument declaring the Plat vacated is approved and recorded in the manner prescribed for the original Plat. 3. The City Council, at its discretion, shall have the right to retain all or specific portions of road Rightof-Way or easements shown on the Plat being considered for vacation. However, the City Council shall consider Plat Vacation upon satisfactory conveyance of easements or Right-of-Way in a separate legal document using forms provided by the City Attorney s office. 252 Section 3. Subdivision Regulations and Development Standards

263 License to Encroach A. Purpose The purpose of a License to Encroach is to determine the potential impacts of proposed improvements, structures, facilities, and encroachments into a public street, roadway, sidewalk, Right-of-Way, or easement in order to maintain their safety, mobility, and operational functionality. B. Applicability 1. A License to Encroach, in the procedures provided for in this section, is required for the following: New improvements, structures, facilities, and encroachments into a public street, roadway, sidewalk, or Right-of-Way within the city limits and easements located within the city limits or the extra-territorial jurisdiction. Existing improvements, structures, facilities and encroachments into a public street, roadway, sidewalk, or Right-of-Way within the city limits and easements located within the city limits or the extraterritorial jurisdiction. 2. Those improvements, as defined in 1 above, that encroach into a public street, roadway, or sidewalk shall obtain approval from the City Council, in addition to this License. C. Pre-Application Meeting A Pre-Application Meeting pursuant to Section is required prior to the application for a License to Encroach. D. Criteria for Approval No License to Encroach will be denied unless it is determined by the City Engineer that the proposed location or type of improvement will negatively impact the function of the public street, roadway, sidewalk, Right-of-Way, or easement or have an adverse effect upon the health, safety, or welfare of the general public. In making this determination, the following will be evaluated: 1. The proposed encroachment into a public street, roadway, sidewalk, Right-of-Way, or easement by any person shall not interfere with the lawful use thereof. 2. Any proposed construction within a public street, roadway, sidewalk, Right-of-Way, or easement shall be in accordance with this Code, the City s adopted construction standards, and any other applicable ordinances and regulations. 3. At any time during the construction of any structure within a public street, roadway, sidewalk, Right-of-Way, or easement: The applicable public street, roadway, or sidewalk shall be kept open for vehicular and pedestrian traffic in a reasonable manner and sidewalks shall not be obstructed as to prevent the use thereof by pedestrians; Dirt and other material removed from the construction of any structure within a public street, roadway, sidewalk, Right-of-Way, or easement shall not be allowed to remain on the street or sidewalk and shall be removed immediately at the sole cost, risk, liability, and expense of the Licensee; All excavations and obstructions of any kind that take place during the period of the Licensee s construction shall be properly barricaded and well-illuminated during the night, subject to the approval of the Building Official. Subsection Platting Requirements 253

264 E. Submission Requirements Staff will determine during the Pre-Application Meeting whether further studies will be required. Such studies may include, but are not limited to, an engineering study, which may be required at the determination of the City Engineer. Only the elements of an engineering study that are necessary to answer specific questions that arise during the review process will be required for submittal. F. Responsibility for Final Action The City Engineer is responsible for final action on a License to Encroach. For those requests that encroach into a public street, roadway, or sidewalk the City Engineer may not approve the License to Encroach until approval is obtained from the City Council. G. Expiration 1. The License shall expire if the encroachment allowed per the License is not installed within 24 months of the date of License approval. 2. The City shall provide written notice at least 180 days in advance to the Licensee, its representatives, successors, or assigns, to take possession of and use all or any part of the licensed area in the event that such use be reasonably desired or needed by the City for street, sewer, transportation, or any other public or municipal use or purpose. During such time, it is the responsibility of the Licensee, its representatives, successors or assigns to remove the encroachment(s). In such an event, the City shall have the right to cancel the revocable license as to that portion of the licensed area so designated and required by the City. 254 Section 3. Subdivision Regulations and Development Standards

265 Petition for Development Agreement A. Applicability 1. An application for a development agreement seeking to delay certain improvement requirements of this Code (including any manuals adopted by reference by this Code) or any other provisions of the City Code of Ordinances in order to present an alternative plan for development that could not otherwise be accomplished under this Code or the Code of Ordinances may be filed in accordance with the terms and conditions of this Section. 2. This Section shall apply to any new agreement and any amendments thereto, as well as to any Amendments to an existing development agreement, agreements regarding Municipal Utility Districts or any other special districts. 3. Any property subject to a development agreement shall be required to obtain a building permit and certificate of occupancy. B. Review Process 1. Initiation of a development agreement or an amendment may be made upon: Application of a property owner or their authorized agent; Recommendation of the City Council; Recommendation of the Planning and Zoning Commission or appropriate board or commission; or Recommendation of the Director of Planning or City Engineer. 2. Completeness Determination Applications shall be subject to Applicability, Completeness, and Expiration. 3. Staff Review Applications shall be reviewed by a Development Agreement Committee ( Committee ) which shall be designated by the Director of Planning at the time of application to determine the necessary staff for the particular application. The Committee will be established based on the functional areas needed in order to appropriately respond to the request being considered. The Committee may consist of the City Engineer, City Attorney, Finance Director, Director of Planning, their designees or any other staff assigned to the Committee. The Committee shall review the application, consider the Approval Criteria, and assign a Responsible Official to lead the review and prepare a report to the Planning and Zoning Commission or appropriate board or commission and City Council. The Director of Planning may establish procedures for administrative review necessary to ensure compliance with this Code and State statute. 4. Public Notice The Responsible Official s report may include a recommendation for final action. Public Notice, in the form of Written Notice, Published Notice, and Posted Notice (see C. Types of Notice), shall be required per the notice provisions of this Code, unless the agreement or amendment thereto is determined by the Committee to be minor, inconsequential, or otherwise unnecessary for public notice and public hearings. If notice is required, the Committee shall determine the location and the extent of the notice based on the type and effect of the proposed amendment. Subsection Platting Requirements 255

266 5. Board or Commission Review The Planning and Zoning Commission or other appropriate board or commission, shall hold a Public Hearing, unless determined unnecessary by the Committee, and make a recommendation to the City Council. 6. City Council Final Action C. Approval Criteria The City Council shall hold a Public Hearing, unless determined unnecessary by the Committee, and may take final action on the proposed Development Agreement or amendment. The Development Agreement or amendment shall become effective in the manner provided by the City Charter or State Law. All outstanding application, staff, and legal fees must be paid in full to the City prior to the adoption of the agreement or amendment. In determining whether to approve, approve with modifications or disapprove a proposed Development Agreement or amendment, the City Council shall consider the following matters: 1. The proposed agreement promotes the health, safety, or general welfare of the city and the safe orderly, and healthful development of the city. 2. The proposed agreement is consistent with the Comprehensive Plan. 256 Section 3. Subdivision Regulations and Development Standards

267 Subsection Construction Plans and Procedures Construction Plans A. Purpose The purpose of this section is to ensure that Public Improvements are installed to serve a development in accordance with all Subdivision Regulations and Development Standards. B. Submitting Plans Plans shall be submitted in accordance with Director of Planning s requirements, as provided in the Development Application Forms. Incomplete Construction Plans shall not be accepted and such plans shall be returned to the Applicant. C. Responsible Official and Decision Authority for Construction Plans 1. Review and Approval Action The City Engineer shall be the Responsible Official for review and approval of Construction Plans. 2. Outside Review If an outside consultant is contracted to review Construction Plans, then the Applicant shall reimburse the City for the review fees. 3. Decision-Maker Options In this capacity, therefore, the City Engineer shall approve, approve subject to modifications, or deny the Construction Plans. D. Approval Required and Timing of Construction Construction Plans must be approved in accordance with this Subsection Construction Plans and Procedures prior to the approval or recordation of the Final Plat, unless otherwise stated within this UDC. E. Criteria for Approval The City Engineer shall approve Construction Plans if: 1. The Construction Plans are consistent with the approved Preliminary Plat, or the proposed Final Plat; and 2. The Construction Plans conform to the subject property s zoning and Planned Development (PD) standards (including zoning design standards), and to the standards for adequate public facilities, contained in these Subdivision Regulations and Development Standards and all other applicable City codes. F. Effect Approval of Construction Plans authorizes the Applicant to: 1. Schedule a Pre-Construction Meeting ( ); and 2. Apply for Construction Release ( ). G. Expiration Date for Construction Plans The approval of Construction Plans shall remain in effect for a period of one (1) year from the date of approval, or for the duration of construction of the project, provided that Progress towards Completion Subsection Construction Plans and Procedures 257

268 of the project continues to be demonstrated, unless the Construction Plans are extended in accordance with H below. H. Extension of Construction Plans beyond Expiration Date 1. General Construction Plans may be extended for a period of six (6) additional months beyond the expiration date. A request must be made in writing to the City Engineer for such extension prior to expiration of the plans, and shall include reasons why the plans should be extended. 2. Decision by the City Engineer The City Engineer will review the extension request, and shall approve, approve with conditions, or deny the extension request within thirty (30) calendar days following the date of the extension request. Should the City Engineer fail to act on an extension request within thirty (30) calendar days, the extension shall be deemed to be approved. 3. Consideration The City Engineer shall extend Construction Plans approval for a period of six (6) additional months beyond the expiration date if: 4. Conditions A Final Plat has been submitted, approved or filed of record for any portion of the property shown on the Construction Plans; The Construction Plans comply with new ordinances (i.e., ordinances that have been adopted after approval of the original Construction Plans) that impact the health, safety and general welfare of the City; Demonstrable forward progress has been made to proceed with construction or required improvements; and An Improvement Agreement ( Improvement Agreements and Security for Completion), if applicable, is still valid and in full effect. In granting an extension, the City Engineer may impose such conditions as are needed to ensure that the land will be developed in a timely fashion and that the public interest is served. Any extension may be predicated upon compliance with new development regulations or the Applicant waiving any vested rights. 5. Total Extension A second six (6) month extension may be requested using the same process outlined above. 258 Section 3. Subdivision Regulations and Development Standards

269 Pre-Construction Meeting A. Requirement The Applicant(s) shall attend a Pre-Construction Meeting with the City Engineer following the approval of Construction Plans and prior to commencement of any construction on the property. B. Purpose 1. Discussion of Procedures The purpose of the Pre-Construction Meeting is to discuss administrative, communication, and operating procedures for project construction prior to Construction Release or issuance of a Building Permit. 2. Review of Criteria C. Notice D. Effect A list of typical inspection items, procedures, and acceptance criteria for items in public Right-of- Way and easements will also be furnished to the Applicant. The Applicant shall receive written notice from the City Engineer that Construction Plans have been approved and that the project is eligible for a Pre-Construction Meeting. 1. Following the Pre-Construction Meeting and upon approval of the Construction Plans and full compliance with all pre-construction requirements, the City Engineer shall authorize Construction Release, allowing the Applicant to commence with construction of the project. 2. The Applicant may also be issued a Building Permit, if appropriate, provided that a Building Permit Application has been submitted and approved and all other Building Permit requirements have also been met Construction Release A. Requirements for a Construction Release 1. Upon approval of the Preliminary Plat or the Construction Plans, receipt of all documentation (e.g., insurance information, bonds, etc.) and fees, and after the Pre-Construction Meeting with City staff and a franchise utility representative, the City Engineer shall release the plans for construction if all City requirements pertaining to construction have been met. 2. The Construction Release shall remain in effect for a period of one (1) year from the date of issuance, or for the duration of construction of the project, provided that progress toward completion of the project continues to be demonstrated. B. Construction Release Expiration and Extension Expiration, and possible extension, of the Construction Release shall be the same as for the Construction Plans (see G. and H above). Subsection Construction Plans and Procedures 259

270 Timing of Public Improvements A. Completion of Public Improvements Prior to Final Plat Approval and Recordation 1. Completion of all required Public Improvements, in accordance with the approved Preliminary Plat and the approved Construction Plans, shall occur prior to Final Plat approval and recordation. 2. A Final Plat shall not be accepted for filing, nor shall it be considered for approval, prior to completion of such improvements except as provided in B below. B. Completion of Public Improvements after Final Plat Approval and Recordation 1. The City Engineer, upon written request by the Applicant, may allow construction of Public Improvements after Final Plat approval and recordation. 2. Postponement of Public Improvements shall be conditioned on execution of an Improvement Agreement and provision of security, in accordance with Improvement Agreements and Security for Completion. 3. It shall be at the City Engineer s discretion to determine whether postponing construction of Public Improvements until after Final Plat approval and recordation is appropriate, and therefore, whether financial guarantee is acceptable through an Improvement Agreement. 4. All construction of the required Public Improvements shall be completed within two (2) years of construction release, an extension may be granted by the City Council for up to one (1) year. C. Deferral of Obligation The City Engineer may defer the Developer s obligation to construct, Public Improvements to serve a new development upon execution of an Improvement Agreement and upon provision of adequate security (see Section Improvement Agreements and Security for Completion). D. Phased Development If the development is being platted and constructed in phases, improvements shall be completed as platted areas are approved and phases are constructed. E. Easements for Utility Providers 1. The Applicant is responsible for contacting all utility providers prior to beginning construction, and for securing all necessary easements for same prior to Final Plat approval and recordation. 2. The Applicant s engineer shall provide the City Engineer with written certification that all necessary easements are secured for the various utility providers, and such easements shall be shown on the Final Plat or separate instrument easement. F. Off-Site Easements 1. All necessary off-site easements required for installation of required off-site Public Improvements to serve the development shall be acquired by the Applicant prior to the Pre-Construction Meeting (see Pre-Construction Meeting), or prior to approval and recordation of the Final Plat, whichever occurs first. 2. Off-site easements shall be conveyed and recorded at the County by an instrument approved by the City. 3. If the property on which the off-site easement is required has been platted, a separate instrument shall be required to dedicate the easement. 4. The Applicant shall be responsible for the acquisition of all required off-site easements. If the Applicant is unable to acquire the necessary off-site easements, the Applicant may request 260 Section 3. Subdivision Regulations and Development Standards

271 assistance from the City. The Applicant shall provide the City with easement or Right-of-Way survey documents and exhibits, documentation, including evidence of a reasonable offer made to the affected property owner. Upon receiving a written request for assistance, the City may, at its option, acquire these easements either through negations, or in appropriate situations through eminent domain proceedings. 5. The Applicant shall reimburse the City for the costs of acquiring the necessary easements including but not limited to attorney s fees and costs. Subsection Construction Plans and Procedures 261

272 Improvement Agreements and Security for Completion A. Improvement Agreement and Security for Completion When any of the required Public Improvements will be postponed and constructed after Final Plat approval and recordation, the Final Plat shall not be accepted for filing, nor shall it be approved, unless and until the Applicant enters into an Improvement Agreement of standardized format approved by the City by which the Applicant: 1. Will complete the improvements; 2. Warrants the improvements for a period of two (2) years following final acceptance by the City; 3. Provide a maintenance bond in the amount of one hundred and ten (110) percent of the costs of the improvements for such period to insure the repair and replacement of all defects due to faulty materials and workmanship that appear within the two year period following date of acceptance; 4. Provides provisions (e.g., performance and payment bonds) for securing the obligations of the agreement consistent with E below; and 5. Outlines other terms and conditions as are agreed to by the Applicant and the City, or as may be required by these Subdivision Regulations and Development Standards, including insurance requirements and covenants to comply with other ordinances of the City. B. Agreement to Run with the Land 1. The Improvement Agreement shall provide that the covenants and other items of agreement contained therein shall run with the land and shall bind all successors, heirs and assignees of the Applicant. 2. All existing owners shall be required to execute the agreement or provide written consent to the covenants and other items contained in the agreement. C. Decision by the City Engineer The City Engineer shall review the Improvement Agreement, and shall approve it, approve it with conditions, or deny it. D. Appeal to the Council of an Improvement Agreement Decision 1. The Applicant may appeal the City Engineer s decision on the Improvement Agreement to the City Council by submitting written notice of appeal to the City Engineer within fourteen (14) calendar days following the date of such decision. 2. The City Council shall hear and decide the appeal within thirty (30) calendar days following receipt of the notice of appeal. 3. The City Council may only overturn the City Engineer s decision upon a favorable vote of at least four (4) of the Council s voting members, and the Council s decision shall be final. E. Security for Completion of Improvements 1. Type of Security When any of the required Public Improvements will be constructed after approval and recordation of the Final Plat, the Applicant shall guarantee proper construction of such postponed improvements and payment of all claimants supplying labor and materials for the construction of the improvements, in accordance with the City s standards and with these Subdivision Regulations and Development Standards, by a bond executed by a surety company 262 Section 3. Subdivision Regulations and Development Standards

273 holding a license to do business in the State of Texas, and acceptable to the City, on the form provided by the City. The performance and payment bonds shall be approved as to form by the City Attorney. 2. Estimated Cost and Security Approval Security shall be issued in the amount of one hundred and ten (110) percent of the cost to construct and complete all required Public Improvements to the City s standards as estimated by the Applicant s professional engineer, and as approved by the City Engineer. Security shall be subject to the review and approval of the City Attorney. The Applicant shall reimburse the City for all related legal costs for review (this reimbursement shall be paid in full prior to filing of the Final Plat). F. Escrow Policies and Procedures 1. Request for Escrow The City may require or the Developer may petition the City to defer required improvements in exchange for a deposit of escrow up to an amount not to exceed $15,000 for a period of two (2) years from acceptance of the project. An example may include a timing issue due to pending street improvements by another agency such as TxDOT. The City Engineer may require studies and other information to support the Developer s request to escrow. 2. Escrow Deposit with the City When the City Engineer requires or agrees to accept escrow deposits, the Developer shall deposit in escrow with the City, at a financial institution to be determined by the City, an amount equal to one hundred and ten (110) percent of the total turn-key costs including, but not limited to, the design, permitting, acceptance, and inflation costs related to the improvement(s). The full amount of escrow shall remain deposited with the City until completion of the project. The City Engineer shall review and approve the amount, which shall be approved and paid prior to recordation of the Final Plat. 3. City Usage of Escrowed Funds The City may also use the escrowed funds in participation with another entity (such as TxDOT or the County, etc.) to jointly construct the Public Improvement(s). 4. Termination of Escrow 5. Refund Escrows, or portions of escrowed amounts, which remain unused after a period of ten (10) years following the date of such payment shall, upon written request, be returned to the Developer. Such return of escrowed funds does not remove any obligations of the Developer for construction of the required improvement(s). If all or a portion of a street or other type of Public Improvement for which escrow is deposited is constructed by a party other than the City, the remaining unused escrowed funds, upon written Subsection Construction Plans and Procedures 263

274 request shall be refunded to the Developer after completion and City acceptance of the street or Public Improvement. The City shall require thirty (30) days from the request to process the refund. 6. Interest on Escrowed Funds When escrowed funds are returned or refunded to the escrowing Developer, the City shall retain all of the interest accrued by the funds. 7. Escrow Fee Agreement The City Engineer, at his/her discretion, may require an escrow fee agreement be executed. 264 Section 3. Subdivision Regulations and Development Standards

275 Inspection, Maintenance, and Acceptance of Public Improvements A. Inspection of Public Improvements 1. Timing and Contact Adopted October 2, 2017 The City Engineer shall inspect the construction of improvements while in progress, as well as upon completion. The Applicant, or his contractor, shall maintain contact with the City Engineer during construction of improvements. 2. Conformance with Construction Plans Construction shall be in accordance with the approved Construction Plans. Any significant change in design required during construction shall be made by the Applicant's engineer, and shall be subject to approval by the City Engineer. 3. Corrections to Improvements If the City Engineer finds, upon inspection, that any of the required Public Improvements have not been constructed properly and in accordance with the approved Construction Plans, the Applicant shall be responsible for completing or correcting the Public Improvements to bring such into compliance. B. Inspection Fees 1. Fee Standards The Developer shall be charged an inspection fee in an amount equal to three (3) percent of the total construction cost of the public infrastructure, storm drains, and streets in each Subdivision or development. 2. Cost for Construction The Developer shall submit to the City a cost for construction of the public infrastructure to be dedicated to the City and upon which the maintenance bond and inspection fees will be based. The cost of construction shall be reviewed and approved by the City Engineer. 3. Inspection during Non-Business Hours Inspections may be conducted at times other than normal working hours with prior approval. A minimum forty-eight (48) hour notice must be given and the Developer shall reimburse the City a minimum of four (4) hours at the current overtime rate per hour upon receipt of an invoice. C. Maintenance during Construction The Applicant shall maintain all required Public Improvements during construction of the development. D. Submission of Record Drawings 1. The City shall not accept dedication of required Public Improvements until the Applicant's engineer has certified to the City Engineer, through submission of detailed Record Drawings, which have been approved by the City, of the project and filed copies of any off-site easements that the Public Improvements have been built in accordance with the approved Construction Plans. 2. Each record drawing sheet shall show all changes made in the Construction Plans during construction, and on each sheet, there shall be a record stamp bearing the signature of the engineer and date, which shall be maintained by the City Engineer. Subsection Construction Plans and Procedures 265

276 3. Digital files of the all Record Drawings shall be submitted by the Applicant and received by the City. E. Acceptance or Rejection of Improvements by the City Engineer 1. Responsible Official The City Engineer shall be responsible for inspecting all required Public Improvements shown in the Construction Plans, and for accepting completed subdivision improvements intended for dedication to the City. 2. Final Inspection After completion of all improvements, franchise utilities, grading, and erosion control, the City Engineer and other designated representatives (as applicable) will perform a final inspection before recommending acceptance of the improvements via a Letter of Final Acceptance. 3. Letter of Final Acceptance If all improvements are completed, inspected, tested (if applicable), and determined by the City to be in conformance with UDC regulations and with the City s design standards and all inspection fees have been paid, then the City Engineer shall issue a Letter of Final Acceptance to the Applicant, thereby notifying the Applicant of the City s approval of improvements and acceptance or future acceptance subject to approval of a Final Plat. Improvements before Final Plat Approval In cases where a Final Plat has not been approved, the Letter of Final Acceptance will indicate that the City s acceptance of the Public Improvements will occur concurrently with the approval of a Final Plat. Final Plat Approved with Surety In cases where a Final Plat has already been approved with an Improvement Agreement, then the Letter of Final Acceptance will indicate that the City s acceptance of the Public Improvements. 4. Meaning of Acceptance Acceptance of the Improvements shall mean that the Applicant has transferred all rights to all the Public Improvements to the City for title, use, and maintenance, unless otherwise provided for by agreement. 5. Rejection F. Disclaimer The City Engineer shall reject those Improvements that fail to comply with the City s standards and specifications. The City shall enforce the guarantee provided by agreement(s). 1. Approval of a Preliminary Plat or Final Plat by the City Council, or Construction Plans by the City Engineer, shall not constitute acceptance of any of the Public Improvements required to serve the Subdivision or development. 2. No Public Improvements shall be accepted for dedication by the City except in accordance with this Section. G. Maintenance Bond 1. Per requirements established and maintained by the City Engineer, the Developer shall furnish maintenance bonds to the City for Public Improvements for a period of two (2) years from the date of acceptance by the City (see E.3 Letter of Final Acceptance for acceptance dates). 266 Section 3. Subdivision Regulations and Development Standards

277 2. The maintenance bond shall be a good and sufficient bond executed by a corporate surety approved by the City in an amount equal to the total cost of said improvements and guaranteeing their maintenance for two (2) years from the date of Final Plat approval. Subsection Construction Plans and Procedures 267

278 Subsection Subdivision Design Standards Minimum Standards A. Basis for Standards The standards established within this Unified Development Code and the Engineering Criteria Manual for dedication and construction of public facilities and infrastructure are based upon engineering studies and historical usages and demands by different categories of development. B. Minimum Level of Service Necessary This UDC identifies certain minimum requirements and sizes for utilities, roadways, parks, and other facilities that have been determined by the City Council to be necessary in order to provide the minimum level of service necessary to protect or promote the public health, safety, and welfare and to ensure the quality of life currently enjoyed by the citizens. 1. It is the intent of this UDC that no development occur until, and unless, these minimum levels of service are met. 2. Therefore, each Subdivision in the City shall be required to dedicate, construct or upgrade required facilities and infrastructure to a capacity that meets these minimum levels. C. Minimum Standards for Public Infrastructure 1. For each category of public infrastructure, a minimum standard of infrastructure has been developed based upon historic studies and construction projects of the City and other cities. 2. The minimum standards reflect the minimum level of facilities that can be built to meet the health, safety and welfare of the citizens Adequate Public Facilities A. Services Required Land proposed for development in the City and in the City s extraterritorial jurisdiction (ETJ) must be served adequately by essential public facilities and services, including water facilities, wastewater facilities, roadway and pedestrian facilities, drainage facilities, and park and open space facilities. B. Approval Timing Land shall not be approved for platting or development unless and until adequate public facilities necessary to serve the development exist or provision has been made for the facilities, whether the facilities are to be located within the property being developed or off-site. C. Rough Proportionality and Fair Share Policy Statement 1. The City requires that a new development project contribute its fair and proportional share of such costs. 2. There is a direct correlation between the increased demand on public facilities that is created by a new development, and the City's requirements to dedicate Right-of-Way and Easements and to construct a fair and proportional share of Public Improvements that are necessary to offset such impacts such that new development does not negatively affect the City as a whole. 3. A fair and proportional share shall be determined as the level or standard of service that is required to adequately serve a new development. 268 Section 3. Subdivision Regulations and Development Standards

279 4. Standards relating to the dedication or construction requirements shall be roughly proportional to the nature and extent of the impacts created by the proposed development on the City's water, wastewater, storm drainage, parks or roadway system. 5. See Subdivision Proportionality Appeal for proportionality approval procedures Conformance to Plans and Codes A. Public Improvements Conform to Plan and Codes 1. Design and construction of Public Improvements must conform to the standards, criteria, and requirements of the following, as they may from time to time be amended by those responsible for their promulgation. The Transportation Plan; The Texas Uniform Traffic Control Device Manual; American Association of State Highway Transportation Officials Design Manual; Texas Health Code; Engineering Criteria Manual; Texas Water Code; and All other codes and ordinances of the City B. If the construction of Public Improvements is not completed within two (2) years from the Preliminary Plat approval date, then the infrastructure must be redesigned using the most current criteria. Subsection Subdivision Design Standards 269

280 Lots A. Lot Design Lot design shall provide adequate width, depth, and shape to provide open area, to eliminate overcrowding, and to be appropriate for the location of the Subdivision for the type of development and use contemplated, and shall meet the requirements of the Zoning Regulations of the City. B. Lot Frontage Requirement Every lot shall have frontage on, and access to, a public street or private street meeting Right-of-Way standards. See Residential Dimensional Regulations and Nonresidential Dimensional Regulations for frontage requirements. C. Lot Frontage Restrictions for Single Family Lots on Arterial Streets Residential access shall be as specified by district in Subsection Residential Zoning Districts. D. Right Angles for Side Lot Lines All side lines of lots shall be at approximately right angles to straight street lines and radial to curved street lines except where a variation to this rule will provide a better street and lot layout. E. Double Frontage and Reverse Frontage Lots 1. Double frontage and reverse frontage lots shall be prohibited except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. 2. Where lots have double frontage, front building setbacks shall be established in accordance with the Zoning Regulations. F. Lots with Septic Tanks In a Subdivision where buildings are to be served by septic tanks, the size of lots shall be sufficiently large to accommodate adequate drainage fields and to meet the standards set forth by the State, County, or any other governmental unit having appropriate jurisdiction. G. Land Subject to a 100-Year Flood 1. Any land that, in its natural state, is subject to a 100-year flood or which cannot be properly drained shall not be subdivided, re-subdivided or developed until receipt of evidence that the construction of specific improvements proposed by the Developer can be expected to yield a usable building site, i.e., Flood Study and FEMA CLOMR (Conditional Letter of Map Revision). 2. Thereafter, the Planning and Zoning Commission may recommend approval of the Plat; however, building construction upon such land shall be prohibited until the specific drainage improvements have been planned, construction completed, and a LOMR (Letter of Map Revision) been received from FEMA. 270 Section 3. Subdivision Regulations and Development Standards

281 Blocks A. Block Measurement 1. Block Length The length of a block shall be considered to be the distance from property corner to property corner measured along the property line of the Block Face: 2. Block Width Of greatest dimension, or On which the greatest number of lots face. The width of a block shall be considered to be the distance from property corner to property corner measured along the property line of the block face: Of least dimension, or On which the fewest number of lots face. Figure 55. Block Measurement 3. Block Measurement Factors The length, width, and shapes of blocks shall be determined with due regard to: Provision of adequate building sites suitable to the special needs of the type of use contemplated; Zoning requirements as to lot sizes and dimensions; Needs for convenient access, circulation, control and safety of street traffic; Limitations of topography; and Compatibility with efficient development of public facilities as established by surrounding developments. Subsection Subdivision Design Standards 271

282 B. Block Length 1. Nonresidential Block Length Block length in Nonresidential Zoning Districts shall not exceed one thousand (1,000) feet or ten (10) times the minimum lot width permitted in that district, whichever is greater. 2. High Density Residential Block Length Block length in the Transitional Residential (R-4) District or Urban Residential (R-5) District shall not exceed six hundred (600) feet. 3. Low Density Residential Block Length Block length in the other Residential Zoning Districts shall be between two hundred (200) and eight hundred (800) feet or 12 lots, whichever is less. If residential lots back up to a commercial use, drainage area, or to an Arterial, then there is no restriction on the block length or the maximum number of lots. However, there shall be pedestrian walkways to connect the commercial lots unless determined they are impractical by the City Engineer. Block length and number of lot requirements apply to the opposite side of the residential street, stub-outs, as well as the remainder of the subdivision. 4. In cases where physical barriers, property ownership, adjacent development, or individual usage creates conditions where it is appropriate that these standards be varied then, upon approval by the Director of Planning, the length may be increased or decreased to meet existing conditions, having due regard for connecting streets, circulation of traffic, and public safety. 272 Section 3. Subdivision Regulations and Development Standards

283 C. Connectivity Index 1. The connectivity index of a development generally indicates the level of connectedness within a subdivision. Higher numbers result in more accessible and walkable neighborhoods; lower numbers result in fewer connections and more dead-end streets. 2. New subdivisions shall have a connectivity index of at least Definitions Links: Non-Arterial roadway segments connecting nodes i. Excludes alleys Nodes: Terminus or intersection of Non-Arterial streets i. Includes any location where a street name changes ii. Includes any curve that exceeds 75 degrees 4. The connectivity index is determined by the number of Links divided by the number of Nodes. 5. See Figure 56. Connectivity Index Example for an illustration. Figure 56. Connectivity Index Example 11 Links 10 Nodes = 1.10 Connectivity Index Subsection Subdivision Design Standards 273

284 Homeowners or Property Owners Associations A. Applicability When a Subdivision contains common areas, common property, or other improvements not intended to be dedicated to the City for public use, a Homeowners or Property Owners Association shall be created, and the duties and responsibilities shall be established in a declaration consistent with state laws. B. Dedication The common areas shall be shown on the Final Plat or record Plat along with an adequate form for dedication thereof. This dedication form shall: 1. Save the title to common area properties for the benefit of the Homeowners or Property Owners Association; and 2. Express a definite undertaking by the subdivider to convey the common properties to the Homeowners or Property Owners Association. C. Membership A Homeowners or Property Owners Association shall be an incorporated nonprofit organization operating under recorded land declarations through which: 1. Each lot owner in a described land area is automatically a member; and 2. Each lot is automatically subject to a charge for a proportionate share of the expenses for the Homeowners or Property Owners Association's activities, such as maintenance of common areas, common open spaces or the provision and upkeep of common recreational facilities. D. Legal Requirements To ensure the establishment of a permanent Homeowners or Property Owners Association, including its financing and the rights and responsibilities of the homeowners in relation to the use, management and ownership of common areas or common property, the Subdivision plat, dedication documents, covenants, and other recorded legal agreements must: 1. Legally create an automatic membership, nonprofit Homeowners or Property Owners Association; 2. Place title to the common property in the Homeowners or Property Owners Association or give definite assurance that it automatically will be so placed within a reasonable, definite time; 3. Appropriately limit the uses of the common property; 4. Give each lot owner the right to the use and enjoyment of the common property; 5. Place responsibility for operation and maintenance of the common property in with the Homeowners or Property Owners Association; 6. Provide for or place an association charge or assessment on each lot in a manner which will assure sufficient association funds to maintain the common property or improvements; 7. Give each lot owner voting rights in the association; and 8. Identify the land area within the association's jurisdiction including, but not limited to, the following: The property to be transferred to public agencies; The individual residential lots; 274 Section 3. Subdivision Regulations and Development Standards

285 The common properties to be transferred by the Developer to the Homeowners or Property Owners Association; and Other parcels. E. Protective Covenants Protective covenants shall be developed which, including, but not limited to, shall make the Homeowners or Property Owners Association responsible for the maintenance and operation of all common property, and include provisions for assessments, to be enforced by lien. F. Procedure Prior to filing the Plat, the Subdivider shall: 1. Draft the articles of incorporation of the Homeowners or Property Owners Association, its bylaws, and the restrictive covenants; 2. Submit draft articles, bylaws, and covenants to the Director of Planning for approval; 3. After approval, create an incorporated nonprofit corporation; 4. Record approved covenants, at the County Clerk s office, which automatically make every lot owner a member of the association, give the owners the right to use the common property, and establish voting rights and obligations to pay assessments; 5. Provide evidence of the recorded articles, bylaws, and the restrictive covenants prior to Final Plat approval; and 6. Pay attorney fees for document review. G. Maintenance, Repair, or Capital Improvement Any maintenance, repair, or capital improvement effort made to Homeowners or Property Owners Association property or facilities by the City as a result of non-performance or negligence on the part of the Association shall be assessed between the various Association members in proportion to the taxable value of their properties. Subsection Subdivision Design Standards 275

286 Sidewalks A. Sidewalks Required Sidewalks and pedestrian ways are required as a part of Subdivision Plat approval to help the City achieve the following: 1. Promote the mobility, health, safety, and welfare of residents, property owners, and visitors to the City and to implement objectives and strategies of the Comprehensive Plan. 2. Improve the safety of walking by providing separation from motorized transportation and improving travel surfaces for pedestrians. 3. Improve public welfare by providing an alternate means of access to transportation and social interaction, especially for children, other citizens without personal vehicles, or those with disabilities. 4. Facilitate walking as a means of physical activity recognized as an important provider of health benefits. B. Properties along IH-35 Properties adjacent to IH-35 are not be required construct sidewalks adjacent to the frontage road, however a fee-in-lieu of sidewalk construction is required. C. Sidewalk Location, Design, and Construction 1. Sidewalks shall be constructed for both sides of all streets within a Subdivision. 2. Sidewalks shall be constructed along all lots adjoining dedicated streets, along major Arterial Streets where lots do not adjoin the street, across power line easements, and in other areas where pedestrian walkways are necessary. 3. Sidewalk width shall be as follows: At least six (6) feet in all Nonresidential Zoning Districts, Transitional Residential (R-4) District, and Urban Residential (R-5) District, or At least five (5) feet in all other zoning districts. 4. Routing to clear poles, trees or other obstacles shall be subject to City Engineer approval. 5. The Plat or Construction Plans shall show the location of all proposed sidewalks and shall state at what stage of the project they will be constructed. 6. Sidewalks must be installed against the Right-of-Way line unless the City Engineer approves an alternate location in writing. 7. At least five (5) feet of grass or other permeable ground cover shall be provided between the roadway and sidewalk unless the City Engineer determines this is not feasible through a written determination. 8. Sidewalk construction may be delayed until development of lots, but in locations not adjacent to lots and across bridges and culverts, the sidewalk shall be constructed with the other improvements to the Subdivision. 9. All sidewalks shall conform to Federal American with Disabilities Act (ADA) requirements and barrier-free ramps should be provided for access to the street. 276 Section 3. Subdivision Regulations and Development Standards

287 Streets A. General 1. The purpose of this section is to ensure adequate and safe pedestrian and vehicle circulation within the City and ETJ, and into adjoining areas. 2. All homes must be accessed by a public street. Gated subdivisions are not permitted within the City limits or ETJ. 3. All developments shall provide for streets and sidewalks to serve said development in accordance with requirements included or referenced herein. 4. The Developer shall, at his/her own cost and expense, pay for constructing all Alleys, Local Streets, and Collector Streets within the Subdivision. 5. The Developer shall be responsible for the costs of Right-of-Way and street improvements, in accordance with the policies and standards herein. Additional Right-of-Way may be required at some street intersections to accommodate utilities, sidewalks, traffic control devices, or sight distances. 6. See E.2 for fence requirements related to subdivisions backing to major roadways. B. Street Classification and Design 1. Street classifications shall be as outlined in the Transportation Master Plan. 2. Bikeways shall be provided according to the Transportation Master Plan Recommended Bicycle Network and be designed according to the Engineering Criteria Manual. 3. All dedicated streets shall conform to the construction criteria contained in the Engineering Criteria Manual. 4. The City may prescribe vertical or horizontal geometric design to calm traffic and promote a healthy pedestrian environment. 5. See C. Connectivity Index for additional requirements. C. Street Layout 1. A Subdivision s street system shall be coordinated and connected with the existing and proposed streets in the surrounding area. Streets shall connect to streets in adjacent Subdivisions to allow convenient movement of traffic between neighborhoods. 2. Openings to adjoining residential properties shall occur at least every nine hundred (900) feet or in alignment with abutting Subdivision streets along each boundary of the Subdivision. 3. Intersections and Offsets Streets shall intersect at safe and convenient locations at ninety (90) degree angles when possible, but in no case less than seventy (70) degree angles. At least five hundred (500) feet shall be provided between median openings. At least one hundred fifty (150) feet shall be provided between street jogs at intersections unless the City Engineer determines that no other practicable alternative exists. 4. Stub Outs, Cul-de-Sacs, and Dead-End Streets Street stub outs shall be provided for connections to future development. i. If no development occurs and a stubbed street is to be terminated, the Developer is responsible for creating a permanent end to the street. Subsection Subdivision Design Standards 277

288 ii. A temporary turnaround shall be provided as follows for any dead-end street that exceeds two hundred (200) feet in length from the nearest intersection. (a) For single family districts, a paved turnaround of at least one hundred (100) feet in diameter and a Right-of-Way of one hundred twenty (120) feet in diameter. (b) For nonresidential and multi-family districts, a paved turnaround of at least one hundred twenty (120) feet in diameter and a Right-of-Way of one hundred fifty (150) feet in diameter. A cul-de-sac street shall be platted and constructed with a concrete paved cul-de-sac at the closed end having a turnaround with a minimum outside paving diameter of at least one hundred (100) feet and a minimum street Right-of-Way diameter of at least one hundredtwenty (120) feet. Cul-de-sacs and dead-end streets shall not exceed three hundred (300) feet in length unless no other alternative is available as determined by the City Engineer. 5. Eyebrow and Elbow Street Corners The minimum centerline radius for the eyebrow shall be fifty (50) feet; From the point of intersection of the centerlines of the street sections leading into the turn, the radius to the Right-of-Way shall be fifty (50) feet and the radius to the edge of pavement shall be forty (40) feet; The return radius of the eyebrow shall be twenty-five (25) feet; and The interior angle of the eyebrow shall be between eighty (80) and one hundred (100) degrees. D. Access for Single Family Developments 1. Minimum number of access points: Table 33. Minimum Number of Subdivision Access Points # Lots Minimum Access Points per 100 lots 2. Access must be to a Collector Street or larger facility. 3. Access points must be calculated by each phase. 4. The Planning and Zoning Commission or City Council may require additional access points if the configuration, number of lots, or other consideration creates the need for additional access. E. Street Names, Signs, and Lighting 1. Streets shall be named to provide continuity with existing streets. Names of new streets shall not duplicate or cause confusion with the names of existing streets. 2. Street signs shall be furnished and installed by the Developer for all intersections within or abutting the Subdivision. 278 Section 3. Subdivision Regulations and Development Standards

289 3. Such signs shall be of a type approved by the City and include the block number. Adopted October 2, Street signs shall be installed in accordance with the prescribed type currently in use by the Manual on Uniform Traffic Control Devices. 5. Street marking shall be applied by the subdivider in compliance with requirements set forth in the Engineering Criteria Manual and the most recent edition of the Texas Manual on Uniform Traffic Control Devices. 6. Street lights shall be installed by the Developer at major street intersections within the Subdivision or site development, and at major intersections on the boundaries of the Subdivision in accordance with the requirements set forth in Lighting, as deemed appropriate by the City Council. F. Alleys Unless explicitly required, alleys are optional improvements and may be constructed at the discretion of the Developer. If alleys are constructed, then the alleys shall be required to meet these regulations. 1. Reinforced Concrete or Asphalt Construction All alleys shall be paved with reinforced concrete or asphalt. 2. Alley Fences Where driveways connect to alleys in commercial, industrial, or residential areas, fences may be constructed along the rear lot line of any lot to a point within five (5) feet of a point where the driveway would intersect the alley pavement at 90 degrees. 3. Alley Right-of-Way Width and Design See Engineering Criteria Manual. 4. Intersections at Right Angles Alleys shall intersect streets at right angles or radially to curved streets. 5. Intersections at Arterial Streets Prohibited Alleys shall not intersect Arterial Streets. 6. Dead-End Alleys Dead-end alleys shall be provided with adequate turn-around facilities. 7. Access Alleys shall not be the sole point of access to a particular lot. G. Street Right-of-Way Dedication Any Subdivision with new streets, existing streets, or adjacent to existing streets shall be required to dedicate sufficient Right-of-Way in accordance with the following regulations. 1. General Dedication Requirements Hays County Right-of-Way Per agreement between Hays County and the City of Buda, all new developments shall be required to dedicate public Right-of-Way pursuant to the Hays County Transportation Plan or Buda s Transportation Master Plan, whichever is greater. A copy of the current Hays County Transportation Plan shall be made available at City Hall. Right-of-Way Alignment Subsection Subdivision Design Standards 279

290 The required alignment of the Right-of-Way shall be determined with respect to property boundaries, safety, design, topography, and traffic management consideration. i. Concerns for safety, sound design principles, and orderly development will prevail. ii. Principles of efficient traffic management will be applied in accordance with the City s goals and objectives as expressed in the current Comprehensive Plan or Transportation Master Plans. 2. New Streets iii. The appropriate alignment of any street Right-of-Way can only be determined by examining the property and topographical conditions along the entire length of the street. (a) In order to provide adequate information to establish an appropriate Right-of-Way alignment, the Developer shall provide property and topographical information for a minimum distance of two hundred (200) feet in every direction that the street extends off of the property. (b) Additional information may be required if, in the opinion of the City, the information provided indicates conditions that may require additional Right-of-Way consideration. New streets shall be provided where there is not an existing street, roadway, or passage. Internal Streets Internal streets shall be designed and provided in accordance with the Engineering Criteria Manual. Perimeter Streets i. When a residential or nonresidential Subdivision is developed abutting an existing or planned Arterial Street or Collector Street, the Developer shall dedicate sufficient Right-of- Way within the Subdivision. ii. The Developer shall construct their proportional share of the abutting street and its appurtenances (such as curbs and gutters, sidewalks, barrier-free ramps, street trees, etc.) to the City s standards for that type of street. iii. The Developer s proportional share of the street construction shall be determined by the City Engineer and shall be roughly proportional to the impact the development causes on the street system. iv. If the Developer disagrees with the City Engineer s determination of rough proportionality, then the Developer may file a Subdivision Proportionality Appeal (see ). 3. Existing Streets If the existing geometrical configuration of a street does not accommodate the Engineering Criteria Manual, the City may require the dedication of additional Right-of-Way to address safety, design, topography, and traffic management considerations. Adjacent to a Platted Subdivision The Right-of-Way dedication shall be based on the distance from the platted Subdivision boundary. Reasonable geometric adjustments will be made to accommodate safety, design, topography, and traffic management considerations. Along a Right-of-Way Described by a Metes and Bounds or a General Written Description The Right-of-Way dedication shall be based on the geometric centerline of the Right-of-Way as described. Reasonable geometric adjustments will be made to accommodate safety, design, 280 Section 3. Subdivision Regulations and Development Standards

291 topography, and traffic management considerations. All existing Right-of-Way dedication within the Subdivision shall be converted from separate instrument to a platted Right-of-Way by being a part of the Final Plat. Along a Prescriptive Right-of-Way The Right-of-Way dedication shall be based on the apparent centerline of the existing pavement or of the travel way if unpaved. Reasonable geometric adjustments will be made to accommodate safety, design, topography, and traffic management considerations. The Developer shall indicate on the Preliminary Plat and Final Plat property lines and features which identify prescriptive Right-of-Way. These features may include fences, borrow ditches, utility lines, drainage improvements, limits of plowed or improved fields, etc. All existing prescriptive Right-of-Way dedications within the Subdivision shall be converted from prescriptive to a platted Right-of-Way by being a part of the Final Plat Access Management A. Intent of Access Management It is the intent of this section to: 1. Prohibit the indiscriminate location and spacing of driveways while maintaining reasonable vehicular access to and from the public street system; 2. Reduce conflicting turning movements and congestion and thereby reducing vehicular accidents; and 3. Maintain and enhance a positive image for the attraction of new, high-quality developments in the City. B. Applicability 1. A person commits an offense if the person constructs, reconstructs, relocates or in any way alters the design or operation of any driveway without first obtaining a building permit issued by the Building Official. 2. No driveway shall be allowed or permitted if, in the determination of the City Engineer, it is detrimental to the public health, safety, and welfare. C. Common Access 1. A Common Access Easement is required between adjacent lots used, zoned, or planned for nonresidential and multi-family uses fronting on any street section unless the City Engineer authorizes an exemption due to site constraints. 2. Common Access Easement The use of common driveways shall require the dedication of a joint-use private access easement on each affected property. Said dedication shall be provided on the Final Plat of the subject properties, or be filed by separate instrument approved by the City Attorney with the County with a copy forwarded to the City. The Plat shall state that the easement shall be maintained by the property owner. The Common Access Easement shall encompass the entire width of the planned driveway plus an additional width of one foot on both sides of the drive. Subsection Subdivision Design Standards 281

292 Figure 57. Example of a Common Driveway D. Driveway Design for Non-State Maintained Roadways The following standards shall be followed in the design and construction of driveways. The values in the following tables represent minimum standards to be applied in designing and locating driveways on City/County streets. 1. Driveway Dimensions and Spacing (Non-State Maintained Roadways) Table 34. Dimensions for Driveways at Non-State Maintained Roadways indicates the minimum dimensional values required for driveways along City/County maintained roadways (Local Streets, Collector Streets, Arterial Streets). 2. Deceleration Lanes for Driveways on Arterial Streets Required (Non-State Maintained Roadways) When the turning volume for a driveway exceeds 60 vehicles per hour during the peak hour, a deceleration lane shall be provided on Arterial Streets with a posted speed of 40 mph to 45 mph. When the turning volume for a driveway exceeds 50 vehicles per hour during the peak hour, a deceleration lane shall be provided on Arterial Streets with a posted speed greater than 45 mph. 282 Section 3. Subdivision Regulations and Development Standards

293 Table 34. Dimensions for Driveways at Non-State Maintained Roadways Criteria Driveway Throat Width Driveway Curb Radius Minimum Distance to Intersection Along Roadway Minimum Centerline Driveway Spacing Along Roadway Notes: Street Classification Nonresidential and Multi-Family Driveway Service Driveway Arterial Streets Collector Streets Local Streets Arterial Streets Collector Streets Local Streets Arterial Streets Collector Streets Local Streets Arterial Streets Collector Streets Local Streets The requirements for Driveway Throat Width and Driveway Curb Radius are for standard undivided twoway operation and may be varied by the City Engineer if traffic volumes, truck usage, common driveways, and other factors warrant such. 2 Minimum centerline spacing does not implicitly determine the number of driveways allowed. Driveways served by deceleration lanes may be spaced at closer intervals if approved by the City Engineer. 3 Distance measured from the intersection Right-of-Way line to the centerline of the proposed driveway. 4 Nonresidential, multi-family and service driveways shall not be permitted on Local Streets. Figure 58. Driveway Spacing Illustration Subsection Subdivision Design Standards 283

294 E. Required Internal Storage (Minimum Throat Length/Stacking) 1. Minimum Throat Length The driveway for any multi-family or nonresidential property that connects to an Arterial Street, Collector Street, or Local Street shall extend onto private property a minimum distance of fifteen (15) feet, but not less than the required front landscape edge width, from the Right-of-Way line before intersecting any internal circulation drive. 2. Driveway Stacking Driveway stacking shall be provided on multi-family or nonresidential properties for corresponding driveways in accordance with Table 35. Required Driveway Stacking for driveways that provide ingress/egress to parking areas of twenty (20) or greater spaces. Table 35. Required Driveway Stacking Average Number of Parking Spaces per Driveway* Total Number of Parking Spaces** Minimum Stacking Length Landscape edge width +20' ' ' ' ' ' Notes: 1 The average number of parking spaces per driveway is calculated by dividing the total number of parking spaces by the number of commercial and multi-family driveways. (Service driveways are not included in the calculation.) 2 The total number of parking spaces is the sum of all spaces accessible by a driveway or driveways both on-site and off-site. The internal storage shall be separated from parking areas by a five-foot (5 ) wide, raised curb island or median. Planting requirements for the island or median shall be one (1) Small Tree and one (1) five-gallon (5 Gal.) shrub for every fifteen (15) linear feet. Appropriate signage (e.g. stop, yield, etc.) shall be placed for any vehicular cross movement or internal circulation that intersects the ingress/egress circulation beyond the required internal storage. 284 Section 3. Subdivision Regulations and Development Standards

295 F. Adequate Sight Distance 1. Driveways shall be prohibited where adequate sight distance is not available for the established speed limit. 2. Sight distances shall be calculated in accordance with the latest edition of the AASHTO A Policy on Geometric Design of Highways and Streets. 3. If a field inspection indicates that driveway sight distance may be insufficient, the Applicant will be required to submit vertical and horizontal information prepared by a registered professional engineer to the City Engineer that verifies adequate sight distance is available for the proposed driveway location. G. Sight Visibility See Subsection Sight Visibility Triangle. Subsection Subdivision Design Standards 285

296 Traffic Impact Analysis A. Purpose 1. The purpose of a Traffic Impact Analysis (TIA) is to assess the effects of specific development activity on the existing and planned roadway system. Development activity may include but is not limited to a rezoning, plan of development approval, Preliminary Plat, Final Plat, driveway permit, Certificate of Occupancy, Transportation Master Plan amendment, or by agreement. 2. A TIA is intended to adequately assess the traffic-related impacts of a zoning or development proposal on the existing and planned thoroughfare system. The purpose of these regulations is to: Provide the safest and most efficient transportation system in conjunction with the development review process; Inform the Applicant of the City s requirements and expectations; Provide standard guidelines for the preparation and review of a TIA; and Establish equitable mitigation measures for the accommodation of identified impacts. B. Presubmission Meeting After the submission of a zoning Application or a Preliminary Plat but prior to the commencement of a TIA, a presubmission meeting with the City Staff is required to establish a base of communication between the City and the Applicant. This meeting will define the requirements and scope relative to conducting a TIA and ensure that any questions by the Applicant are addressed. C. Definitions 1. Accident Analysis A summary of the accident history on adjacent roadways during a specified time period. Such analyses typically include measures to mitigate the impact of site traffic on safety based on accident history and associated information. 2. Capacity The maximum number of vehicles that can pass a given point during one hour under prevailing roadway and traffic conditions. 3. Level of Service (LOS) A qualitative measure of traffic operating conditions based on such factors as speed and travel time, freedom to maneuver, traffic interruptions, comfort and convenience, and safety. Level of Service analyses conducted as part of a TIA shall be determined using procedures of the latest edition of the Highway Capacity Manual, Special Report 209 published by the Transportation Research Board (TRB). 4. Modal Split The percentage of people using a certain means of transport; auto, transit, walk. 5. Queuing Analysis An analysis of vehicle stacking and required lane storage necessary to mitigate excessive vehicle queues. Typically performed for drive-through facilities, drop-off zones to schools and daycare facilities, entrance gates, turn lanes and median breaks. 286 Section 3. Subdivision Regulations and Development Standards

297 6. Sight Distance Survey A survey of the available horizontal and vertical sight distance at access points to a site, intersection or roadway section. Such study must include measures to eliminate any resulting safety hazard. 7. Signal Cycle The time period required for one complete sequence of traffic signal indications. 8. Signal Phase A part of the signal cycle allocated to a traffic movement or any combination of traffic movements. 9. TIA Analysis Periods Time periods for traffic assessment as part of a TIA submittal. 10. Traffic Control Device Any sign, signal, marking, or device placed or erected for the purpose of regulating, warning, or guiding vehicular traffic or pedestrians. 11. Traffic Impact Analysis A study that provides information to: Determine whether or not the existing and planned thoroughfare system can accommodate the traffic to be generated by a proposed development; and Evaluate the appropriate traffic mitigation measures if the thoroughfare system cannot accommodate the impact. 12. Traffic Simulation The use of a computer model to provide detailed analysis of the interaction between traffic, roadway geometry, and traffic control devices. 13. Trip Generation The number of one-way traffic movements associated with such variables as building size, type of dwelling unit, employees, land area, etc. 14. Turn Lane Analysis An analysis of storage requirements for driveways or nearby intersections based on existing and future roadway volumes. 15. Vehicle Trip A one-way movement of a vehicle between two points. 16. Volume/Capacity Ratio (V/C) The ratio of an actual volume to the capacity of a roadway. Subsection Subdivision Design Standards 287

298 Table 36. Adopted TIA Requirements October 2, 2017 Examples Applicability Analysis Periods Notes Zoning Zoning requests and Thoroughfare Plan amendments, if no previous traffic assessment was performed. All zoning requests for land uses that will generate 2,500 or more vehicle trips per day or contain a density of 0.75 Floor Area Ratio (FAR) or greater. All zoning requests for single family residential development with the following exemptions: Development density of six (6) dwelling units per acre or less, or Special circumstances exist, as determined by the City Engineer, such as: o Impacts to other residential development from cutthrough traffic, o Inadequate site accessibility, o The implementation of the surrounding Transportation Master Plan is not anticipated during the estimated time period of the proposed development, o Internal street or access system is not anticipated to accommodate the expected traffic generation, or o The development is outside the urban core of the community. Other zoning requests that do not meet the daily trip generation threshold may also require a TIA if special circumstances exist, as determined by the City Engineer, such as: Impacts to residential neighborhoods from nonresidential development, Inadequate site accessibility, The implementation of the surrounding thoroughfare plan is not anticipated during the estimated time period of the proposed development, The proposed land use differs significantly from that contemplated in the comprehensive plan, or The internal street or access is not anticipated to accommodate the expected traffic generation. Analysis periods shall include build and no-build scenarios. Assume full occupancy and buildout. The analysis periods for a zoning TIA shall be: Opening year, 5 years after opening, and 10 years after opening. Study Area: All site access drives All signalized intersections or major unsignalized street intersections within 1/2 to 1 mile of site boundary For certain projects the City may require an enlarged study area. Land uses within the Study Area should include recently approved or pending development adjacent to site. Additional Requirements: Depending upon specific site development characteristics of the proposed development, one or more of the following elements may also be required by the City Engineer as part of the TIA: An accident analysis, Sight distance survey, Traffic simulation, Queuing analysis, or Turn lane analysis. Action: Development Site Plans, and Preliminary Plats or Final Plats, if no TIA was previously performed. All development requests for land uses that will generate over 100 total trips during the AM or PM peak hour, or 750 daily trips. An additional separate analysis may be required when sitegenerated peak hour trip activity is different from that of the adjacent street (weekday 7-9am, 4-6pm), as determined by the City Engineer. Such circumstances may include, but not be limited to commercial/retail, entertainment or institutional activity. Development with peak hour trips may require a TIA, as determined by the City Engineer. The City Engineer may waive the TIA for a Site Plan if a TIA was performed with the zoning request and conditions listed in the report are current. Analysis periods shall include build and no-build scenarios. Assume full occupancy and buildout. The analysis periods for a development TIA with >50 peak hour driveway trips, or total peak hour trips, shall be: Existing year, Opening year, and 5 years after opening The analysis periods for a development TIA with >500 total peak hour trips shall be: Existing year, Opening year, 5 years after opening*, and 10 years after final opening with full build out The need for a TIA shall be determined by the City Engineer based upon the results and recommendation from a Presubmission Meeting. It shall be the responsibility of the Applicant to demonstrate that a TIA should not be required. * TIA study not required if the traffic impacts of the project are fully mitigated 10 years after opening with existing conditions plus 5-year programmed improvements. 288 Section 3. Subdivision Regulations and Development Standards

299 1. Requirements for TIA Updates A TIA shall be updated when time or circumstances of the original study fall within the parameters presented in Table 37. Criteria for Determining Study Update Requirements. The Applicant is responsible for preparation and submittal of appropriate documentation in order for City Staff to process the zoning or development Application. A TIA for site development requests must be updated if two years have passed since the original submittal, or if existing or assumed conditions have changed within the defined study area. The City Engineer shall make the final determination as to the extent of a TIA update. Table 37. Criteria for Determining Study Update Requirements Original Report Changes to the Original Proposed Development Access Changed* or Trip Generation Increased by >10% Access Not Changed and Trip Generation Increased by <10% Submittal <2 years old Submittal >2 years old Letter amendment required: Identify and report only analysis conditions that changed. Prepare new study: Must meet all current TIA requirements. Letter documenting change (no other reports required). Prepare new study: Must meet all current TIA requirements. *Changed access includes proposed new access or refinement of general access locations not specifically addressed in original proposed development. D. Responsibility of TIA Preparation and Review 1. Preparation 2. Submittal A TIA must be prepared in accordance with all the guidelines of this ordinance and submitted in accordance with the City s development review schedule. The responsibility for TIA preparation shall rest with the Applicant, and must be performed by a licensed Professional Engineer (P.E.) in the State of Texas with experience in traffic and transportation engineering. The final TIA report must be signed and sealed by the P.E. responsible for the analysis to be considered for review by the City. Application and review fees are due at the time of each submittal. City staff shall serve primarily in a review and advisory capacity, and will only provide data to the Applicant when available. It shall be the responsibility of the Applicant to submit four (4) draft TIA reports, final reports, and executive summaries with the zoning or development submission. The proper number of reports, the timing for submission, and the review of these reports shall be based on standard City development review procedures. Subsection Subdivision Design Standards 289

300 3. Review Incomplete TIAs or failure to submit a TIA with the submission shall delay consideration of zoning and development requests. Should it be determined during the review of the zoning or development plans that a TIA is required, consideration shall be deferred until the Applicant submits a completed TIA and the City has reviewed the assessment. An initial review of the TIA by the City shall be available to the Applicant nine (9) business days from the submittal date. Should additional analysis be required of the Applicant, re-submission shall be within four (4) business days from when the initial review is available. Incomplete TIAs or failure to submit a TIA with the submission shall delay consideration of zoning and development requests. Longer review periods may be needed if TxDOT is involved in the review process. E. Traffic Impact Analysis Standards It is the objective of the City to determine whether the existing and planned thoroughfare system can accommodate the impact of the proposed development. To achieve uniformity in the evaluation process, the following standards shall apply: 1. Design Level of Service The minimum acceptable level of service (LOS) within the City shall be defined as LOS D in the peak hour for all critical movements and links. All development impacts on both thoroughfare and intersection operations must be measured against this standard. 2. Trip Generation Resources The City s standard for trip generation rates for various land use categories shall be those found in the latest edition of Trip Generation published by the Institute of Transportation Engineers (ITE) or other published or recognized sources applicable to the region. Alternate trip generation rates may be accepted on a case-by-case basis if the Applicant can provide current supporting data substantiating that their development significantly differs from the ITE rates. The City Engineer in advance of the TIA submission must approve alternative trip generation rates in writing. Trip reductions for passer-by trips and mixed use developments will be permitted, subject to analytical support provided by the Applicant and approval by the City Engineer, on a case-bycase basis. Assumptions relative to auto occupancy, transit mode share, or percentage of daily traffic to occur in the peak hour must be documented and will be considered subject to analytical support provided by the Applicant. 3. Study Horizon Years The TIA must evaluate the impact of the proposed development on both existing traffic conditions and future traffic conditions for the horizon year(s) as specified in Table 37. Criteria for Determining Study Update Requirements on page 289. However, applications for densities of 0.75 Floor Area Ratio (FAR) or greater within the IH-35, Main Street east of Railroad Street, FM 967, Cabela s Drive, FM 1626, FM 2001, Old Goforth Road, and Glenview Lane corridors (throughout the City limits) shall require that the horizon year land use assumptions be updated to reflect full development based on all proposed zoning. These applications should also assume full development of the Transportation Master Plan or pending amendments. 290 Section 3. Subdivision Regulations and Development Standards

301 F. Deferred TIA On developing corridors where multiple separate ownership of small tracts exists, the City may defer the TIA in favor of a more comprehensive corridor analysis. 1. The Applicant will submit a proportionate cost contribution based on the ultimate development intensity of individual tracts relative to the corridor defined for analysis or as determined by the City s Fee Schedule for a traffic assessment fund for such larger study. 2. Mitigation of traffic impacts may still be required but as determined from the larger TIA. 3. Affected individual property owners will commit to contribution of proportionate costs for required improvements, as determined through study, for area-wide improvements. G. Mitigation Mitigation of impacts shall be required if the proposed development would cause a facility or traffic movement to exceed LOS D, or where it already exceeds LOS D and the development would contribute 5% or more of the total traffic during any projected horizon year. If mitigation is required, the Applicant must only mitigate the impact of the proposed development, and would not be responsible for alleviating any deficiencies in the thoroughfare system that may occur without the proposed development. Acceptable mitigation measures shall include: 1. Staging of development in order to relate site development to the construction of the required thoroughfare system; 2. Off-site improvements, including the provision of Right-of-Way or the participation in funding for needed thoroughfare and intersection improvement projects; and 3. On-site improvements, including access controls and site circulation adjustments. H. Administration The City Engineer shall be responsible for reviewing the TIA. Based on the City Engineer s recommendation, the Planning and Zoning Commission, or the City Council, as appropriate based on the type of Application, shall take one or more of the following actions: 1. Approve the zoning or development request, if the project has been determined to have no significant impact or where the impacts can be adequately mitigated; 2. Approve the development request, subject to a phasing plan; 3. Recommend study of the Transportation Master Plan to determine amendments required to increase capacity; 4. Recommend amendment of the City s CIP to expedite construction of needed improvements; and 5. Deny the zoning request, where the impacts cannot be adequately mitigated. I. Cost of TIA Review by City The cost for review of TIA submittals shall be based on the parameters set forth in the City s Fee Schedule and paid in full at time of submission. Subsection Subdivision Design Standards 291

302 Easements and Dedications Easements and fee simple dedication of all property needed for the construction of streets, Arterial Streets, alleys, private common access easements, sidewalks, storm drainage facilities, floodways, water mains, wastewater mains and other utilities, retaining walls and any other property necessary to serve the Plat and to implement the requirements of the UDC and Engineering Criteria Manual shall be provided on Subdivision Plats and maintained by the property owner. A. Utility Easements 1. Where not adjacent to a public Right-of-Way, easements at least sixteen (16) feet wide shall be provided for utility construction, service, and maintenance shall be provided where necessary. 2. Easements accommodating both water and wastewater (sewer) facilities and easements accommodating both public utilities and franchise utilities shall be at least twenty (20) feet wide. 3. More easements or additional easement width may be required by the Planning and Zoning Commission and City Council if deemed necessary by the City Engineer. 4. Easements at least sixteen (16) feet wide for utility construction, service, and maintenance shall be provided for lots which have frontage along state highways. 5. Easements having greater width dimensions may also be required along or across lots where engineering design or special conditions make it necessary for the installation of utilities and drainage facilities outside public Right-of-Way. 6. The following full statement of restrictions shall be placed in the dedication instrument: B. Fire Lane Easement Easements: Any public utility, including the City, shall have the right to move and keep moved all or part of any building, fences, trees, shrubs, other growths or improvements which in any way endanger or interfere with the construction, maintenance, or efficiency of its respective systems on any of the easements or Right-of-Way shown on the Plat (or filed by separate instrument that is associated with said property); and any public utility, including the City, shall have the right at all times of ingress and egress to and from and upon said easements for the purpose of construction, reconstruction, inspection, patrolling, maintaining and adding to or removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone. Easements shall be maintained by property owners. The City can move trees or any other improvements and does not have the responsibility to replace them. 1. Emergency access and fire lane easements shall be provided in locations required by the City and be curbed. 2. These easements shall have a minimum width of twenty-four (24) feet and a minimum height clearance of fourteen (14) feet. Internal drives within parking lots are not required to be curbed. 3. All turns shall have a minimum inside radius of twenty-six (26) feet and a minimum outside radius of fifty (50) feet. 4. Any emergency access and fire lane easement more than one hundred (100) feet in length shall either connect at each end to a dedicated public street or private way or be provided with a cul-desac having one hundred (100) feet diameter of paving with an additional distance of ten (10) feet on all sides clear of permanent structures or other obstructions. 5. These easements shall be maintained by the owner or the Homeowners or Property Owners Association and a statement shall appear on the face of the Plat indicating maintenance responsibility. 292 Section 3. Subdivision Regulations and Development Standards

303 C. Roadway Easements See G. Street Right-of-Way Dedication. D. Sight Visibility Triangle Easements See Subsection Sight Visibility Triangle. E. Drainage Easements 1. Easements for storm drainage facilities shall be provided at locations containing proposed or existing drainage ways. 2. Storm drainage easements of sixteen (16) feet minimum width shall be provided for existing and proposed enclosed drainage systems. Easements shall be centered over the systems. Larger easements, where necessary, shall be provided as directed by the City Engineer. 3. Where lot-to-lot drainage occurs, see Drainage and Storm Water, specifically C.1. Lot-to-Lot Drainage Standards. 4. Storm drainage easements shall be provided for emergency overflow drainage ways of sufficient width to contain within the easement storm water resulting from a 100-year frequency storm less the amount of storm water carried in an enclosed system of a capacity required by the City. 5. Where a Subdivision is bounded by a water-course, drainage way, channel, or stream, there shall be provided a storm water easement or drainage Right-of-Way conforming substantially to the lines of such water course, and of such width to provide for increased drainage from anticipated future upstream developments, plus a minimum of ten (10) feet on each side. 6. As required by the City, drainage easements shall be dedicated up to the full width of easement necessary to construct the ultimate drainage facility (culvert, storm water, channel, etc.) to be constructed within the easement, including provisions for access ingress and egress by crews and equipment for maintenance purposes. F. Floodplain Easements 1. Floodplain easements shall be provided along natural drainage ways and lakes or reservoirs. 2. Floodplain easements shall be provided in accordance with the recommendation of the City Engineer and the Director of Planning to accommodate the 100 year storm drainage flows or the flow of the flood of record, whichever is greater. 3. Floodplain easements shall encompass all areas beneath the water surface elevation of the Base Flood, plus such additional width as may be required to provide ingress and egress to allow maintenance of the banks and for the protection of adjacent property, as determined by the City Engineer. 4. The following full statement of structures shall be placed in the dedication instrument of the Plat: Floodplain Easement Restriction: Construction within the floodplain may only occur with the written approval of the City. A request for construction within the floodplain easement must be accompanied with detailed Construction Plans and studies indicating that no flooding will result, that no obstruction to the natural flow of water will result; and subject to all owners or the property affected by such construction becoming a party to the request. Where construction is permitted, all finished floor elevations shall be a minimum of two (2) feet above the 100-year flood elevation as determined by analyzing the ultimate build-out conditions of the entire drainage basin. Subsection Subdivision Design Standards 293

304 Existing creeks, lakes, reservoirs, or drainage channels traversing along or across portions of this addition, will remain as an open channel at all times and will be maintained by the individual owners of the lot or lots that are traversed by the drainage courses along or across said lots. The City will not be responsible for the maintenance and operation of said drainage ways or for the control of erosion. Each property owner shall keep the natural drainage channels traversing his property clean and free of debris, silt, or any substance, which would result in unsanitary conditions. The City shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions, which may occur. G. Retaining Wall Easements 1. If in the opinion of the City Engineer, the grading plans submitted with the Application for approval of a Final Plat indicate a need for the construction of one or more retaining walls, a private retaining wall easement showing the location of the retaining wall(s) and the no-build zone shall be dedicated and shown on the Preliminary Plat and the Final Plat. 2. The width of the retaining wall easement and the no-building zone shall be as established by the Applicant's structural engineer and approved by the City Engineer. 3. The retaining wall easement shall include a no-building zone extending from the retaining wall on both sides, within which any additional load from future construction would exceed the design capacity of the retaining wall. No structure (other than the retaining wall), swimming pool, landscaping, or any other feature which adds load to the retaining wall, shall be constructed within the no-building zone. 4. A retaining wall easement shall be located entirely on one lot and shall not straddle property lines unless the wall is constructed within a retaining wall easement dedicated to the Homeowners or Property Owners Association in accordance with 5 below. 5. The property owner, or the Homeowner s Association for the subdivision, as applicable, shall be responsible for maintenance of the retaining wall, and a note shall be included to this effect on the Final Plat. H. Needs/Benefits Determination 1. No dedication otherwise required by this ordinance may be imposed upon a property owner unless the City determines that the dedication is related to the impact of the proposed development; is roughly proportional to the needs created by the proposed development; and provides a benefit to the development. 2. An Applicant may appeal a staff recommendation that a dedication be required in accordance with the provisions of Subsection Subdivision Relief Procedures. I. Maintenance of Easement 1. An area established for public purposes on private property upon which the City shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs, or other improvements or growths which in any way endanger or interfere with the construction, maintenance, or efficiency of City systems. 2. The City shall at all times have the right of ingress and egress to and from and upon the said easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or removing all or part of its respective systems without the necessity at any time or procuring the permission of anyone. 3. The property owner shall be responsible for maintaining the easement. 294 Section 3. Subdivision Regulations and Development Standards

305 Drainage and Storm Water A. General 1. Components of the Drainage System Drainage systems, including all conveyances, inlets, conduits, structures, basins, or outlets used to drain storm water, must be designed and constructed to promote the health, safety, and welfare of the property owner and the public. 2. Management of Storm Water Runoff Adequate provision must be made for the acceptance, collection, conveyance, detention, and discharge of storm water runoff drainage onto, through and originating within the Subdivision. 3. Maintenance Responsibility The City shall be responsible for maintaining detention and retention ponds for single family residential subdivisions. The property owner shall be responsible for associated pond maintenance costs, which the City may approve through a development agreement if deemed appropriate by the City. It is a violation for a detention/retention pond or a structural control to be unable to operate for its intended purpose due to lack of maintenance. 4. Discharge of Storm Water Runoff Storm water must not have an adverse impact downstream and must be discharged in an acceptable form and at a controlled rate so as not to endanger human life or public or private property. 5. Drainage Facilities Drainage facilities shall be provided and constructed by the Developer in accordance with the requirements within this Drainage and Storm Water and the Engineering Criteria Manual. B. Planning and Construction 1. Plans, profiles, and specifications shall be prepared for storm water improvements to be constructed and shall show the locations, sizes, grades, hydraulic gradients, flow arrows, and other details for the proposed pipe, inlets, channels, manholes, culverts, outlet structures, and other appurtenances. Each sheet of the plans and profiles shall bear the seal and signature of the Licensed Professional Civil Engineer who prepared them. 2. The Developer shall incur the cost of all drainage improvements connected with development of the Subdivision and acceptance of current upstream flows necessary to safely and adequately drain the Subdivision, including any necessary off-site channels or storm sewers and acquisition of any required easements. The 100-year storm must be contained within the street Right-of-Way or the drainage easement boundaries. Any necessary off-site channel or storm sewers which are required to be within easements must have a separate instrument easement filed in the County and a filed copy shall be submitted to the City before Construction Plans will be approved. Subsection Subdivision Design Standards 295

306 3. Integration into Overall Design Waterbodies exceeding twenty thousand (20,000) square feet in area located within seventy-five (75) feet of a public right-of-way must be integrated into the overall design of a project in at least one of the following ways: Provide a walkway with native trees planted on average twenty-five (25) foot centers; Provide a public access area with covered structure and seating; or Provide a plaza or courtyard with shaded benches or picnic tables next to the water body. C. Residential Grading and Drainage 1. Lot-to-Lot Drainage Standards Surface runoff from residential lots shall cross no more than one additional lot before being directed toward the street or a dedicated drainage system. When the flow reaches the second lot, side lot swales shall be in place to direct the flows to the street or to a dedicated City drainage system within an easement in the rear yard. Furthermore, no more than one lot may drain to a second lot before the flow is directed to the street or to a dedicated City drainage system. Where lot-to-lot drainage occurs, the lot lines shall be aligned and a minimum of a ten (10) foot drainage easement shall be provided. 2. Detailed Standards See the Engineering Criteria Manual for requirements for detailed standards and policies. D. Nonresidential Grading and Drainage 1. Lot-to-Lot Grading and Drainage Standards Grading and drainage plans shall strive to ensure that surface runoff from nonresidential individual lots cross no more than one (1) additional lot before being directed toward a private on-site system or a dedicated City drainage system. When the flow reaches the third lot, side lot swales may be utilized to direct the flows to private enclosed systems or to a dedicated City drainage system within a dedicated easement or in street Right-of-Way. No runoff may drain to a fourth lot. i. The flow must be directed to the street system or to a dedicated City drainage system with a dedicated easement. Concentrations of stormwater shall not be discharged to City Streets through driveways or flumes but shall be collected into an enclosed system, either private or public, prior to reaching the curb line of the roadway. Specific deviations from these guidelines may be addressed on an individual basis. 2. Detailed Standards See the Engineering Criteria Manual for detailed standards and policies. E. Design Criteria 1. The design of the swales and enclosed systems located within a dedicated drainage easement shall utilize the City s adopted Drainage Design Criteria for channel and pipe systems. 296 Section 3. Subdivision Regulations and Development Standards

307 2. Side yard swales shall have a minimum slope of one (1) percent to ensure adequacy of flow during and after a rain event. 3. See the Engineering Criteria Manual for requirements for detailed standards and policies. F. Materials 1. Swales on Residential Lots Swales on residential lots shall be fully sodded, unless an alternative equal design is approved by the City Engineer. 2. Swales on Nonresidential Lots Swales on nonresidential lots may be constructed in a natural state fully sodded in cases where the surrounding area has been sodded and velocities and depth of flow can be contained within the proposed swale without erosive damage. Swales within the parking and private driving lanes of nonresidential properties shall be constructed of materials similar to those of the parking and driving lanes. 3. Systems on Residential Lots Enclosed systems may be designed utilizing concrete or approved plastic pipe and collection inlets on residential lots. Private enclosed systems on nonresidential lots may be designed utilizing approved plastic pipe and collection inlets. 4. Systems on Nonresidential Lots G. Roof Drains Enclosed systems on nonresidential lots which will be dedicated to the City shall be designed utilizing concrete pipe and collection inlets. 1. All roof drains of residential structures shall be directed to the street or toward a rear swale and shall not be discharged directly onto the side lot. 2. Side downspouts may be directed to side lot swales at a 45 degree angle to the direction of flow of the side lot swale to ensure that the flows are directed away from the house foundation yet providing a less severe entry into the swale. H. Maintenance 1. All grassed swales should be designed and constructed with 3:1 side slopes that will be gentle enough to allow easy mowing. 2. Mowing and maintenance responsibility shall be the responsibility of the property owner or Homeowners or Property Owners Association. 3. Periodic cleaning of enclosed systems located within dedicated drainage easements shall be the responsibility of the City. I. Preliminary Drainage Plan 1. Applicability and Purpose A Preliminary Drainage Plan shall be prepared for the following developments: i. New nonresidential construction, ii. New multi-family construction (3+ units), Subsection Subdivision Design Standards 297

308 iii. New residential subdivisions, or iv. Conversion from single-family home to nonresidential/multi-family use when impervious surface is increased. The Preliminary Drainage Plan shall show the watershed affecting the development and how the runoff from the fully-developed watershed will be conveyed to, through, and from the development. i. The Preliminary Drainage Plan must comply with the standards outlined in this UDC, Engineering Criteria Manual, and other City codes. The Preliminary Drainage Plan is a guide for later detailed drainage design. The Preliminary Drainage Plan may satisfy the storm water management portion of the Storm Water Pollution Prevention Plan (SWPPP) that is required for construction activities; however, the Preliminary Drainage Plan is not a substitution for the SWPPP. The review of the Preliminary Drainage Plan does not constitute final drainage plan approval or authorize a waiver to any of the Subdivision Regulations and Development Standards. 2. Plan Required and Previous Plans 3. Submittal For any property involved in the development process, a Preliminary Drainage Plan shall be provided, at the Developer's expense, for the area proposed for development. For property with a previously accepted Preliminary Drainage Plan, the accepted Preliminary Drainage Plan may be submitted and enforced unless a revised Preliminary Drainage Plan is required by the City due to lot reconfiguration or other conditions created by the new Plat. Three (3) paper copies of the Preliminary Drainage Plan shall be submitted with the submittal of a Preliminary Plat or Replat for review and acceptance. The Preliminary Drainage Plan shall be labeled as Preliminary. The Preliminary Drainage Plan shall be stamped by and dated by the engineer. 298 Section 3. Subdivision Regulations and Development Standards

309 Water Utility A. General 1. All Subdivisions shall provide an approved water distribution system connected to the existing City water system in conformance with all applicable City master plans and regulations. 2. In the absence of specific standards, all water supply, distribution, pumping, and storage improvements shall be designed in accordance with the most current standards of the American Water Works Association and the most current criteria included in the Texas Administrative Code, Chapter The City shall make the final determination of the adequacy of the proposed system. 4. Possible Phasing of Development Required B. Basic Requirements The Director of Planning may require the phasing of development or improvements in order to maintain adequate water capacity. Subdivisions either in the ETJ or that have recently been annexed and are not served by the City shall meet the same requirements but be subject to approval by the Director of Planning. 1. Water Connection Any development occurring within one thousand (1,000) feet of an existing or proposed water line shall extend and connect to the City s facilities (or other public utility as determined by CCN). The City Engineer may authorize an exemption where a connection is not legally possible or topographically practicable. 2. Water Main Construction All water mains shall be constructed within the street Right-of-Way or easements dedicated to the City. 3. Water Lines Extended to Subdivision Borders All water lines installed within a Subdivision must extend to the borders of the Subdivision as required for future extensions of the distribution system, regardless of whether such extensions are required for service within the Subdivision. If due to physical constraints, a new subdivision will never be constructed beyond a developing subdivision, the City Council may approve a Subdivision Waiver for this requirement prior to action on the Construction Plans or prior to action on any Plat. 4. Fire Hydrants (Locations and Hose-Lay) Fire hydrants shall be placed on block corners or near the center of the block to place all of every lot within a radius of five hundred (500) feet in residential areas, but under no circumstances shall a hose-lay for more than five hundred (500) feet be made from the fire hydrant to cover all of every lot within the Subdivision or tract under development. Fire hydrants shall be located in commercial and industrial areas so that all of every lot shall be within a radius of three hundred (300) feet, but under no circumstances shall a hose-lay of more than three hundred (300) feet be made in order to adequately afford fire protection to the building or buildings. A fire hydrant shall be placed at the entrance of all cul-de-sacs. Subsection Subdivision Design Standards 299

310 Hydrants must provide sufficient pressure for fire protection in accordance with the City s adopted fire codes. C. Preliminary Utility Plan 1. General A Preliminary Utility Plan shall detail both Water Utility and Wastewater Utility requirements. 2. Illustrate the Location and Size of Water Utility and Wastewater Utility Mains Concurrent with the submission of a Preliminary Plat or Replat, the Developer shall submit a map or plan showing the location and size of Water Utility and Wastewater Utility mains, which will be required to provide adequate service and fire protection to the lots specified in the proposed plat. Plans and specifications for fire hydrant systems shall be submitted to the City Engineer for review prior to construction. 3. Plan Document The plan shall be prepared as noted in the City s Development Application Forms. 4. Coordination with other Utility Providers Preliminary Plat When the subdivision is located in an area served by a utility provider other than the City, the Developer must provide a water system analysis, indicating adequate water supply and water quality. Replat i. When a Subdivision is located in an area served by a utility provider other than the City, the Developer must provide a letter from the utility provider stating that facilities exist in the area to provide adequate domestic service and fire protection. ii. If the City has reason to believe that there may be water supply or pressure concerns the City may require, a water system analysis, indicating adequate water supply and water quality. Final Plat The Final Plat will not be approved until a letter has been provided from the utility provider stating that they have accepted the plans for construction. 300 Section 3. Subdivision Regulations and Development Standards

311 Wastewater Utility A. General 1. Approved Means of Wastewater Collection and Treatment Required All lots, tracts or parcels on which development is proposed shall be served by an approved means of wastewater collection and treatment. 2. Possible Phasing of Development Required B. Basic Requirements The Director of Planning may require the phasing of development or improvements in order to maintain adequate wastewater capacity. Subdivisions either in the ETJ or that have recently been annexed and are not served by the City shall meet the same requirements but be subject to approval by the Director of Planning. 1. Wastewater Connection Any development occurring within five hundred (500) feet of an existing or proposed wastewater line shall extend and connect to the City s facilities. 2. Wastewater Disposal System Required All Subdivisions shall provide an approved wastewater disposal system conforming to the current criteria and all applicable City master plans and regulations and the requirements of Hays County, Texas Administrative Code (Title 30, Part 1, Chapter 285), On-Site Sewage Facilities and Texas Commission on Environmental Quality On-Site Sewage Facilities licensing requirements. The City shall make the final determination of the adequacy of the proposed system. Lots on the Edwards Aquifer Recharge Zone as depicted on the official map of the TCEQ that will not be connected to the City s wastewater system shall have an area of least one (1) acre. When it is difficult to determine from the maps of the TCEQ whether particular lots lie within the Recharge Zone, the City may make the determination, based upon a geological inspection of the site by a professional geologist competent to perform this task. The geologist shall be approved by the City Council prior to conducting the inspection and the inspections shall be conducted at no cost to the City. Any rules or regulations required by Hays County must be met in addition to this section. 3. Wastewater Lines Extended to Subdivision Borders All laterals and sewer mains installed within a subdivision must extend to the borders of the subdivision as required for future extensions of the collection system, regardless of whether such extensions are required for service within the subdivision. If due to physical constraints, a new subdivision will never be constructed beyond a developing subdivision, the City Council may approve a Subdivision Waiver for this requirement prior to action on the Construction Plans or prior to action on any Plat. C. Preliminary Utility Plan When required by the UDC, a Preliminary Utility Plan for Wastewater Utility requirements shall be prepared in accordance with C. Preliminary Utility Plan. Subsection Subdivision Design Standards 301

312 Water Reclamation and Reuse A. Purpose The purpose of this subsection is to define the terms and conditions for which Reuse Water may be provided to Users within the City s Reuse Water Service Area. B. Reuse Water Service 1. Provision of Reuse Water Service Any development occurring within one thousand (1,000) feet of an existing or proposed reuse water line shall extend and connect to the City s facilities Upon the City Engineer s recommendation that the provision of Reuse Water is feasible, the City Manager may enter into a standard Reuse Water Service Agreement for the provision of Reuse Water to properties within the Reuse Water Service Area upon Application, and in compliance with this subsection and all applicable laws and regulations. A person who requests Reuse Water Service from the City must meet all requirements provided in this subsection and all minimum design, construction and operation standards for Reuse Water facilities. 2. Request for Reuse Water Service To request Reuse Water Service, a person must own or manage the property for which the service is to be provided. A person must submit an Application to the City Engineer and agree to abide by all requirements for Reuse Water Service as described in this subsection If a person meets the requirements described herein, then that person must enter into a standard Reuse Water Service Agreement prior to the delivery of Reuse Water. The City Engineer shall review each submitted Application and shall make such investigation, to include site visits, as is reasonably necessary to determine if such service is feasible. 3. Proof of Compliance with the Minimum Design and Operation Standards A person making an Application for Reuse Water Service shall submit the following information to the City Engineer for approval, prior to construction or retrofit of Off-Site Facilities that will use or receive Reuse Water: i. Design Drawings and specifications that must be in compliance with the City s policies and regulations; ii. Drawings of the final installed On-Site Facilities and the entire proposed use area; iii. Proof that the User has installed the required backflow prevention assembly on the Reuse Water Service line; and iv. Proof, as requested by the City Engineer, that the User has sufficient Storage Facilities for the Reuse Water and will be in compliance with Chapter 210 of the TAC. The City Engineer may issue written notice to the Applicant to proceed with construction or retrofit upon satisfaction that the Applicant meets or shall meet the minimum design and operation standards for Reuse Water Service. After completion of the construction or retrofit of the On-Site Facilities for Reuse Water Service, the Applicant must make a written request for inspection by the City. The inspection shall include the Cross Connection control and an operational test. 302 Section 3. Subdivision Regulations and Development Standards

313 The City Engineer shall grant the User approval of Reuse Water On-Site Facilities if: Adopted October 2, 2017 i. The City Engineer determines that the Applicant meets the City s minimum design and operation standards; and ii. The system passes the inspection and the operational tests of the Cross Connection control. 4. Cross Connections with Potable Water Main Prohibited It shall be unlawful for any person to make or to maintain any Cross Connection or to allow any Cross Connection to exist at any place under the control of any person. Any switchover system potentially allowing use of potable water as a temporary substitute for Reuse Water if Reuse Water is not available shall be built to ensure that Reuse Water does not flow into the potable water system. To ensure the complete separation of a User s on-site potable water system from the lines supplying Reuse Water, the City shall inspect or cause to be inspected by a third party contractor, the User s on-site potable water system prior to supplying Reuse Water. Any recommended piping modifications shall be completed prior to commencement of the Reuse Water Service. A re-inspection shall be conducted every year or as deemed necessary by the Director. 5. Distribution Mains and Extension of Public Utilities Any person who desires the extension of Reuse Water Distribution Mains for the provision of Reuse Water Service shall bear all costs of extending the Distribution Main from the Transmission Main to the User s property line. The size of such Distribution Mains are to be determined by the City, based on the User s expected Reuse Water consumption. Any Distribution Main construction that includes oversizing of a Distribution Main at the request of the City shall be advertised for bids or using the City s approved unit prices for water mains in the manner generally required for City construction and shall also comply with the City s policies for extension of public utilities. All qualified bids submitted shall be publicly opened and let in the same manner as other City construction contracts are bid and let. The construction contract shall be between the User and contractor. Prior to commencement of the work under the contract for construction of an oversize Distribution Main, the contractor must have complied with the City s policies for extension of public utilities. 6. Reuse Water Service Agreement Upon approval of the Reuse Water Service On-Site Facilities, the Applicant must execute a standard Reuse Water Service Agreement with the City to receive Reuse Water Service. The Reuse Water Service Agreement shall incorporate the requirements of this subsection , Chapter 210 of the TAC and other terms and conditions prescribed by the City. Prior to delivery of Reuse Water, the Applicant must sign the Reuse Water Service Agreement acknowledging that the Applicant, as the User, is now responsible for On-Site Facilities and related activities; that the User shall comply with all the applicable laws and regulations, including but not limited to Chapter 210 of the TAC; and shall agree to hold the City harmless from any and all claims related to the Reuse Water and the operation and maintenance of the On-Site Facilities and related activities. Subsection Subdivision Design Standards 303

314 7. Discontinuance of Service The City may discontinue Reuse Water Service if the User: i. Violates the terms of the Reuse Water Service Agreement or this subsection ; ii. Fails to pay any and all fees assessed on the User s water bill; iii. Tampers with any facilities related to the service, including the meter; iv. Cross-connects the Reuse Water system with a potable water source; v. Refuses to permit an authorized City representative to enter the premises to inspect the User s Reuse Water system; or vi. Performs an act that the City Engineer determines may be detrimental to the water, wastewater, or Reuse Water system or the health and safety of the public. A User shall pay for the Reuse Water provided by the City until the Reuse Water Service is properly disconnected. A User may not reconnect a disconnected service without the City Engineer s approval. If a User reconnects a disconnected service without the City Engineer s approval, the Water Department may remove the service and charge an additional fee. A User may apply for reinstatement of service after paying all fees or charges assessed. The City Engineer shall charge a fee for reinstatement of Reuse Water Service. 8. City s Responsibilities The City and its authorized agents, employees, or contractors are responsible for the operation, management, and control of the Off-Site Facilities and the oversight of Reuse Water. The City shall: i. Obtain necessary TCEQ authorizations for the offsite use of Reuse Water under Chapter 210 of the TAC; ii. Conduct Reuse Water quality assessments; and iii. Have the right to take any action at such times that it deems necessary to safeguard the public health and safety. 9. User s Responsibilities A User shall: Be responsible for constructing an on-site service line to an established Point of Connection; Provide supervision of On-Site Facilities to ensure compliance with this subsection and backflow prevention procedures; Provide access to On-Site Facilities at reasonable times for inspections by the City; Train all On-Site Facilities operations personnel consistent with the worker training and safety plan approved by the TCEQ, pursuant to Chapter (a)(4)(f) of the TAC, as it may be amended; and Conduct all operations related to Reuse Water Service in compliance with this subsection Section 3. Subdivision Regulations and Development Standards

315 10. Use of Reuse Water Reuse Water may be used only for the following purposes: i. Landscape irrigation; ii. Non-food processing industrial processes; iii. Nonresidential toilet and urinal flushing; iv. Construction activities; v. Vehicle washing; vi. Gas drilling activity vii. Air conditioning cooling towers; and viii. Other lawful uses as authorized by the City Engineer. A User may use Reuse Water only in locations and for uses as designated and approved in the User s executed Reuse Water Service Agreement. Each User of Reuse Water or action related to Reuse Water must comply with Chapter 210 of the TAC and these provisions of this subsection Reuse Water Service Agreement are non-transferrable to subsequent property owners or Users. Each User must enter into a Reuse Water Service Agreement for the provision of Reuse Water. Reuse Water used for cooling or processing must be discharged to a sanitary sewer, in compliance with all applicable permits and laws governing such discharges, or obtain written approval from the City Engineer for any other proposed use, disposal or discharge of such water. 11. Annual Inspection; Right of Inspection of Reuse Water System On-Site Facilities The User shall conduct an annual inspection of the On-Site Facilities, either through the City Water Department or through the use of a City-approved third party contractor. Additionally, the City Engineer may inspect devices installed by the User to control the flow of Reuse Water and may remove, or secure such devices if installed in violation of this subsection or any term of the Reuse Water Service Agreement. City Engineer may inspect any Off-Site Facilities or On-Site Facilities, as well as use areas and adjoining property belonging to the User and shall be granted access, without prior notice to the User during normal business hours. If access is needed by the City Engineer during nonbusiness hours, the User shall allow access at a reasonable time upon a prior request by the City Engineer. The User and his/her operators shall cooperate with the City and its authorized representatives and assist in performing inspections and operational tests. Any modifications to the User s On-Site Facilities must meet all criteria in this subsection and is subject to inspection. Subsection Subdivision Design Standards 305

316 12. Identification of Reuse Water On-Site Facilities All hose bibs and faucets shall be painted purple and designed to prevent connection to a standard water hose. Hose bibs shall be located in locked, below grade vaults that shall be clearly labeled as being of non-potable quality. As an alternative to the use of locked, below grade vaults with standard hose bib services, hose bibs may be placed in a non-lockable service box that can only be operated by a special tool so long as the hose bib is clearly labeled as non-potable water. Figure 59. Identification of Non-Potable Water A User must identify Reuse Water On-Site Facilities with signs having a minimum size of eight (8) inches by eight (8) inches posted at all storage areas and on all hose bibs and faucets, in both English and Spanish, the words Reuse Water, Do Not Drink or a similar warning in accordance with Chapter of Title 30 of the TAC. All exposed piping and piping within a building shall be either purple pipe or paned purple. All buried pipe shall be one of the following: manufactured in purple, painted purple, taped with purple metallic tape, or bagged in purple. All exposed piping should be stenciled in white with a warning reading NON-POTABLE WATER. 13. Maintenance of Reuse Water Service Pipes All persons using Reuse Water shall keep their On-Site Facilities in good repair, so as to prevent leakage. Maintenance is the owner s responsibility. All on-site transportation, holding and distribution facilities for Reuse Water shall comply with the standards of Chapter 210 of the TAC. 14. Violations and Prohibited Uses A person commits an offense if a person: DO NOT DRINK THE WATER NO TOMAR EL AGUA i. Uses Reuse Water for purpose not approved by this subsection or authorized in the Reuse Water Service Agreement; ii. Uses or applies Reuse Water for any purpose, including Approved Uses, by direct application or by windblown spray, to an area other than the Approved Use Area; iii. Uses hose bibs or faucets on a Reuse Water system unless they are designed and installed to prevent connection to a standard water hose, as defined in Chapter of the TAC; iv. Allows any obstruction to impede access to meter boxes or other On-Site Facilities or Off- Site Facilities; v. Gives, sells, trades, or transfers Reuse Water to another area without prior written approval of the City Engineer; vi. Discharges airborne or surface Reuse Water from the User s property, other than to a wastewater treatment system or wastewater collection system, without notifying the City of its permit granted by TCEQ and authorizing the discharge; 306 Section 3. Subdivision Regulations and Development Standards

317 vii. Interrupts Reuse Water Service in a portion of the City s system without the prior written approval of the City Engineer; viii. Stores or applies Reuse Water in such a way as to cause runoff or ponding. If such conditions occur, in addition to any other corrective action taken or required by law, the User shall immediately alter its method of application to prevent any further runoff or ponding; ix. Tampers with, works on, or in any way alters or damages any part of the City s Reuse Water system. Tampering or work shall include, but is not limited to, opening or closing of valves, or causing of any Reuse Water to flow from the system; x. Cuts into or makes any improper connection with the system; xi. Causes or allows their Reuse Water system to have any Cross Connections (between two or more water supplies), any illegal connections or tie-ins, or any discharge of Reuse Water into the public wastewater system; xii. Takes or uses Reuse Water without payment; or xiii. Removes or defaces any warnings, labels, or signs pertaining to Reuse Water use. 15. Rates and Charges The City Council shall adopt a schedule of fees for reimbursement of costs of the following: i. Retail rate; ii. Permitting; iii. Inspecting: iv. Application fee; v. Reuse water volume charge; vi. Tap fee; vii. Meter charges; viii. Engineering or other professional services or inspection fees; ix. Reuse water front footage charges; x. Reuse water main capacity charge; xi. Reconnection fee; and xii. Service reinstatement fee. The Fee Schedule may be amended from time-to-time as the City Council deems reasonably necessary. 16. Inaccurate Meter Readings Should any meter fail to register correctly the amount of Reuse Water used by a User since the previous reading, the right shall exist on the part of the Water Department to charge for Reuse Water Service on the basis of the previous three (3) month average. 17. Billing Bills for Reuse Water Service shall become due and payable to the City. Subsection Subdivision Design Standards 307

318 18. No Grant or Transfer of Water Right or Ownership Interest The delivery of Reuse Water by the City and the acceptance and use of the Reuse Water by the User is not a transfer or an acquisition by the User of a water right or an ownership interest in any of the Off-Site Facilities. 308 Section 3. Subdivision Regulations and Development Standards

319 Miscellaneous A. Underground Utilities 1. All distribution lines, cables, etc. for utilities shall be installed below ground within the Subdivision to eliminate the necessity for disturbing the street, curb and gutter, sidewalk and other services and structures when making connections. When a new subdivision is developed in an area with existing above ground utility lines, the Developer shall be responsible for locating the lines within the subdivision and along its perimeter underground. Transmission lines or major cables to provide utilities such as electric, telephone, and cable television to the area as a whole may be located above ground on the perimeter of the Subdivision being served, subject to Director of Planning discretion. The installation of these utilities shall conform to commonly accepted construction standards and be subject to review by the City Engineer. 2. The Developer shall provide separate service lines for water and wastewater to each lot or point of metering. 3. The Developer shall make arrangements with all other appropriate utility companies for the extension of their respective utility lines and service to and within the addition and for any costs or refunds of such cost. 4. All Plats and Site Plans for residential and multi-family developments shall require all internal telephone lines, cable television lines, electric lines, and utility lateral and services lines and wires to be placed underground except as otherwise herein provided. In special or unique circumstances or to avoid undue hardships, a Subdivision Waiver may be approved by the City Engineer to permit the construction and maintenance of overhead electric utility lateral or services lines and of overhead telephone and cable TV lines and may approve any Plat or Site Plan with such approved variances, waivers, or exceptions. All Final Plats for residential and multi-family Subdivisions submitted for approval by the City must display signature approval by utility companies prior to submittal. i. All multi-family Site Plans must display signature approval by utility companies before any building permits are issued. ii. No Final Plat or Site Plan shall be approved and no building permit will be issued without such approval. Where electrical service is to be placed underground, street or site facilities shall also be placed underground. All electrical, cable television, and telephone support equipment (transformers, amplifiers, switching devices, etc.) necessary for underground installations in Subdivisions shall be pad mounted or placed underground. Nothing herein set forth shall prohibit or restrict any utility company from recovering the difference between the cost of overhead facilities and underground facilities. i. Each utility whose facilities are subject to the provisions of this UDC shall develop policies and cost reimbursement procedures with respect to the installation and extension of underground service. Subsection Subdivision Design Standards 309

320 Unless specifically stated otherwise, temporary construction service may be provided by overhead utility lines and facilities without obtaining a waiver. 5. All installations regulated by the provisions set forth herein shall be in conformance with the intent of this ordinance and shall conform to any regulations or specifications that the various public utility companies may have in force from time to time. 6. Nothing in this ordinance shall be construed to require any existing facilities to be placed underground when no development is proposed. B. Company Notification to City All utility companies will notify the City, in writing, at least forty-eight (48) hours before digging, boring, drilling, etc. C. Street Lighting and Related Features 1. Street lighting shall conform to the latest edition of the Illuminating Engineering Society Handbook. 2. Round tapered standards with bracket arms shall be used and lighting levels, as recommended, shall be provided for very light traffic in residential areas, medium traffic on Collector Streets, and heavy traffic on Arterial Streets. 3. In no instance shall the spacing between street lights exceed six hundred (600) feet. 4. Cost of installation of street lighting shall be borne by the Developer. 5. Street lights must meet the Pedernales Electric Cooperative standards for maintenance. 6. The City may establish a standard specification for all aspects of the street light structure within a separate technical manual. 7. Installation of street lights, typically decorative in nature, that exceed the specification requires a written and recorded agreement with the HOA establishing the means of long-term maintenance and replacement. All bases must be compatible with the City s standard pole design. 8. The City may choose to exceed its own standard specification at its discretion for special programs and districts (such as historic districts and similar) for street lights, decorative street signs, and decorative traffic control devices. 310 Section 3. Subdivision Regulations and Development Standards

321 Subsection Subdivision Relief Procedures Petition for Subdivision Waiver A. Purpose The purpose of a petition for a Subdivision Waiver to a particular standard or requirement with these Subdivision Regulations and Development Standards, as such are applicable to Plats or Construction Plans, is to determine whether or not such particular standard or requirement should be applied to an Application. B. Decision-Maker 1. Decision Maker Authority After review and recommendation from Director of Planning, City Engineer, and the Commission, the City Council shall decide a Subdivision Waiver. C. Subdivision Waiver Applicability 1. Waiver of Standard or Requirement An Applicant may request a Subdivision Waiver of a particular standard or requirement applicable to a Preliminary Plat, to Construction Plans, or where no Preliminary Plat Application has been submitted for approval, to a Final Plat or a Replat. A Subdivision Waiver petition shall be specific in nature, and shall only involve relief consideration for one particular standard or requirement. An Applicant may, if desired, submit more than one Subdivision Waiver petition if there are several standards or requirements at issue. For processing a Subdivision Waiver in relationship with a Plat Application, an Applicant shall submit a Waiver of Right to 30-Day Action in accordance with D. Waiver of Right to 30-Day Action. 2. Waiver Petition Acceptance A petition for a Subdivision Waiver shall not be accepted in lieu of: i. A Subdivision Proportionality Appeal ( ) or ii. A Subdivision Vested Rights Petition ( ). If there is a question as to whether a Subdivision Proportionality Appeal or Subdivision Vested Rights Petition is required instead of a Subdivision Waiver petition, such determination shall be made by the Director of Planning. Once the determination is made, the respective process shall be followed. The Director of Planning s decision may be appealed to the Board of Adjustment. D. Subdivision Waiver Submission Procedures 1. Written Waiver Request with Application A request for a Subdivision Waiver shall be submitted in writing by the Applicant with the filing of a Preliminary Plat, Construction Plans, Final Plat, or Replat, as applicable. No Subdivision Waiver may be considered or granted unless the Applicant has made such written request. Subsection Subdivision Relief Procedures 311

322 2. Grounds for Waiver The Applicant s request shall state the grounds for the Subdivision Waiver request and all of the facts relied upon by the Applicant. Failure to do so, will result in denial of the Application unless the Applicant submits a Waiver of Right to 30-Day Action in accordance with D. Waiver of Right to 30-Day Action. E. Subdivision Waiver Criteria 1. Undue Hardship Present A Subdivision Waiver to regulations within this UDC may be approved only when, in the Decision- Maker s opinion, undue hardship will result from strict compliance to the regulations. 2. Consideration Factors The Decision-Maker shall take into account the following factors: 3. Findings The nature of the proposed land use involved and existing uses of the land in the vicinity; The number of persons who will reside or work in the proposed development; and The effect such Subdivision Waiver might have upon traffic conditions and upon the public health, safety, convenience, and welfare in the vicinity. No Subdivision Waiver shall be granted unless the Decision-Maker finds: That there are special circumstances or conditions affecting the land involved or other constraints such that the strict application of the provisions of this UDC would deprive the Applicant of the reasonable use of his or her land; and That the Subdivision Waiver is necessary for the preservation and enjoyment of a substantial property right of the Applicant, and that the granting of the Subdivision Waiver will not be detrimental to the public health, safety or welfare or injurious to other property in the area; and That the granting of the Subdivision Waiver will not have the effect of preventing the orderly subdivision of other lands in the area in accordance with the provisions of this UDC. 4. Intent of Subdivision Regulations and Development Standards A Subdivision Waiver may be granted only when in harmony with the general purpose and intent of the Subdivision Regulations and Development Standards so that the public health, safety and welfare may be secured and substantial justice done. Financial hardship to the Applicant shall not be deemed to constitute undue hardship. 5. Minimum Degree of Variation No Subdivision Waiver shall be granted unless it represents the minimum degree of variation of requirements necessary to meet the needs of the Applicant. 6. Violations and Conflicts The Decision-Maker shall not authorize a Subdivision Waiver that would constitute a violation of, or conflict with, any other valid ordinance, code, regulation, master plan or Comprehensive Plan of the City. 312 Section 3. Subdivision Regulations and Development Standards

323 7. Falsification of Information F. Burden of Proof Any falsification of information by the Applicant shall be cause for the Subdivision Waiver request to be denied. If the Subdivision Waiver request is approved based upon false information, whether intentional or not, discovery of such false information shall nullify prior approval of the Subdivision Waiver, and shall be grounds for reconsideration of the Subdivision Waiver request. The Applicant bears the burden of proof to demonstrate that the requirement for which a Subdivision Waiver is requested, if uniformly applied, imposes an undue hardship or disproportionate burden on the Applicant. The Applicant shall submit the burden of proof with the original submittal. G. Subdivision Waiver Decision 1. The Decision-Maker shall consider the Subdivision Waiver petition and, based upon the criteria set forth in E. Subdivision Waiver Criteria, shall take one of the following actions: Deny the petition, and impose the standard or requirement as it is stated in these Subdivision Regulations and Development Standards; or Grant the petition, and waive in whole or in part the standard or requirement as it is stated in this UDC. 2. Decision Process for a Subdivision Waiver Recommendation of the Planning and Zoning Commission i. The Commission shall consider the Subdivision Waiver request at a public meeting no later than thirty (30) calendar days after the date on which the notice of Subdivision Waiver is submitted to the Director of Planning. ii. The Commission shall recommend to the City Council to approve or deny a request for a Subdivision Waiver by majority vote. Decision by City Council i. After the recommendation from the Commission has been made, the City Council shall consider the Subdivision Waiver request at a public meeting no later than thirty (30) calendar days after the date on which the Commission s recommendation was made. ii. The City Council approve or deny a request for a Subdivision Waiver by a majority vote of all members. iii. The decision of the City Council is final. H. Notification of Decision on Petition 14 Days The Applicant shall be notified of the decision on the Subdivision Waiver within fourteen (14) calendar days following the decision. I. Effect of Approval 1. Submission and Processing Following the granting of a Subdivision Waiver, the Applicant may submit or continue the processing of a Plat or Construction Plans, as applicable. Subsection Subdivision Relief Procedures 313

324 2. Expirations The Subdivision Waiver granted shall remain in effect for the period the Plat or Construction Plans are in effect, and shall expire upon expiration of either or both of those Applications. 3. Extensions Extension of those Applications shall also result in extension of the Subdivision Waiver. 314 Section 3. Subdivision Regulations and Development Standards

325 Subdivision Proportionality Appeal A. Purpose and Applicability 1. Purpose The purpose of a petition for relief from a dedication, construction requirement, or a requirement to pay a fee, other than an impact fee authorized by Chapter 395 of the Texas Local Government Code is to ensure that the imposition of uniform dedication, construction, and fee standards to a proposed development does not result in a disproportionate burden on the property owner, taking into consideration the nature and extent of the demands created by the proposed development on the City s roadways and public facilities systems. 2. Applicability An Applicant may file a petition for relief under this Subdivision Proportionality Appeal to contest any requirement to dedicate land or to construct Public Improvements as required by this UDC, other ordinance, or attached as a condition to approval of the Application. A petition under this Subdivision Proportionality Appeal shall not be used to waive standards on grounds applicable to any Subdivision Waiver Application, as outlined in Petition for Subdivision Waiver. B. Petition Requirements 1. Form of Petition The petition for relief from a dedication, construction, or fee requirement shall allege that Application of the standard relating to the requirement is not roughly proportional to the nature and extent of the impacts created by the proposed development on the City s water, wastewater, storm drainage, parks or roadway system or does not reasonably benefit the proposed development. 2. Study Required The Applicant shall provide a study in support of the petition for relief that includes the following information: Capacity Utilized i. Total capacity of the City s water, wastewater, storm drainage, parks or roadway system to be utilized by the proposed development, employing standard measures of capacity and equivalency tables relating the type of development proposed to the quantity of system capacity to be consumed by the development. ii. If the proposed development is to be developed in phases, such information also shall be provided for the entire development proposed, including any phases already developed. Capacity Supplied i. Total capacity to be supplied to the City s water, wastewater, storm drainage, parks or roadway system by the proposed dedication of an interest in land or construction of Public Improvements. ii. If the Application is part of a phased development, the information shall include any capacity supplied by prior dedications or construction of Public Improvements. Subsection Subdivision Relief Procedures 315

326 Capacity Comparison i. Comparison of the capacity of the City's public facilities system(s) to be consumed by the proposed development with the capacity to be supplied to such system(s) by the proposed dedication of an interest in land, construction of Public Improvements, or payment of a fee. ii. In making this comparison, the impacts on the City's public facilities system(s) from the entire development shall be considered. Oversizing The effect of any City participation in the costs of oversizing the Public Improvement to be constructed in accordance with the City's requirements. Other Information Any other information that shows the alleged disproportionality between the impacts created by the proposed development and the dedication or construction requirement imposed by the City. 3. Time for Filing Petition and Study A petition for relief from a dedication, construction, or fee requirement shall be filed with the City Engineer within fourteen (14) calendar days following the City Council's decision to conditionally approve or deny an Application. The study in support of the petition shall be filed within sixty (60) calendar days following the initial decision, unless the Applicant (petitioner for relief) seeks an extension in writing. The City Engineer may extend the time for submitting the study for a period not to exceed an additional thirty (30) calendar days for good cause shown. 4. Land in Extraterritorial Jurisdiction (ETJ) Where land or facilities to be dedicated are located in the ETJ of the City and are to be dedicated to the County, a petition for relief or study in support of the petition shall be accepted as complete for review by the City Engineer only when such petition or study is accompanied by verification that a copy has been delivered to and accepted by the County, as applicable. C. Processing of Subdivision Proportionality Appeal Petitions and Decision 1. Responsible Official The City Engineer shall be the Responsible Official for a petition for relief from a dedication or construction requirement. 2. Review and Recommendation The City Engineer shall review the petition and supporting study and shall make a recommendation to: i. The Commission, and ii. The City Council. In response to a petition for relief from a dedication or construction requirement pursuant to Subdivision Proportionality Appeal and to achieve proportionality between the demands created by a proposed development on public facilities and the obligation to provide adequate public facilities, the City may participate in the costs of Public Improvements, credit 316 Section 3. Subdivision Regulations and Development Standards

327 or offset the obligations against payment of impact fees, or relieve the property owner any of the obligations. 3. Decision-Maker The City Council shall decide the Subdivision Proportionality Appeal petition, after receiving a recommendation from the Planning and Zoning Commission. 4. Public Hearing Held within 60 Days after Receipt of Study The City Council shall conduct a public hearing within sixty (60) calendar days after the study supporting the petition (refer to B above) is filed with the City Engineer. 5. Burden of Proof The Applicant bears the burden of proof to demonstrate that the Application of a dedication or construction requirement that is uniformly applied imposes a disproportionate burden on the Applicant. 6. Decision The City Council shall consider the petition for relief from a dedication or construction requirement based upon the following criteria: 7. Action The City Council shall determine whether the Application of the standard or condition is roughly proportional to the nature and extent of the impacts created by the proposed development on the City's water, wastewater, storm drainage, parks or roadway system, and whether the Application of the standard or condition reasonably benefits the development. In making such determination, the City Council shall consider the evidence submitted by the Applicant, the report and recommendation of the City Engineer and, where the property is located within the City's ETJ, any recommendations from the County, as applicable. Based on the criteria in 6 above, the City Council shall take one of the following actions: Deny the petition for relief, and impose the dedication or construction requirement as required by this Ordinance; or Grant the petition for relief, and waive any dedication or construction requirement to the extent necessary to achieve proportionality; or Grant the petition for relief, and direct that the City participate in the costs of acquiring land for or constructing the Public Improvement under standard participation policies. The decision of the City Council shall be final. 8. Notification of Decision on Petition The City Engineer shall notify the Applicant of the decision on the petition for relief within fourteen (14) calendar days following the City Council s decision. D. Expiration or Failure to File Application Where an Application was denied based upon the imposition of the standard requiring dedication of land or construction of a required Public Improvement and the City Council s decision is to grant some level of relief, the Applicant shall resubmit the Application within sixty (60) calendar days following the date the petition for relief is granted, in whole or in part, showing conformity with the City Council s decision on the petition. Subsection Subdivision Relief Procedures 317

328 1. If the Application is not resubmitted within the sixty (60) day period, the relief granted by the City Council on the petition shall expire. 2. If the re-submittal of the Application is modified in any other way, a new petition for relief may be required by the City Engineer. 3. If the Application for which relief was granted is denied on other grounds, a new petition for relief may be required by the City Engineer. E. Effect of Relief 1. The City Engineer may require the Applicant to submit a modified Application or supporting materials consistent with the relief granted by the City Council on the petition. 2. The relief granted on the petition shall remain in effect for the period the Application is in effect, and shall expire upon expiration of the plat or related Application. 318 Section 3. Subdivision Regulations and Development Standards

329 Subdivision Vested Rights Petition A. Purpose In accordance with the Texas Local Government Code, Chapter 245 or successor statute, the purpose of a Subdivision Vested Rights Petition is to determine whether an Application should be processed under the terms of a previous ordinance, to provide a process for determination of possible vested status, and to determine when certain permits are subject to expiration. B. Applicability of a Subdivision Vested Rights Petition 1. Any Application A Subdivision Vested Rights Petition may be submitted for any Application authorized by Section 3. Subdivision Regulations and Development Standards. 2. Prohibit Joint Submission A Subdivision Vested Rights Petition cannot be submitted by an Applicant along with submission of a request for a text amendment to this UDC, a Zoning Map amendment, or any other request for a legislative decision by the City Council. C. Petition Submission 1. Filing A Subdivision Vested Rights Petition shall be submitted to the City s Responsible Official and shall be in accordance with the Texas Local Government Code, Chapter 245 or successor statute. Upon receipt of a Subdivision Vested Rights Petition, the Responsible Official shall consult with the City Attorney. 2. Automatic Waiver Submission of a Subdivision Vested Rights Petition shall require a Waiver of Right to 30-Day Action (See D.). 3. Stay of Further Proceedings Submission of a Subdivision Vested Rights Petition shall stay further proceedings on the related Application until a final decision is reached on the Subdivision Vested Rights Petition. D. Time for Filing a Petition and Application 1. A Subdivision Vested Rights Petition shall be filed jointly with an Application for which a vested right is claimed. 2. A Subdivision Vested Rights Petition may be filed without a joint Application if the petition is filed pursuant to K below. 3. Where more than one Application is authorized to be filed simultaneously by this UDC, the petition may be filed simultaneously for each Application. E. Petition Requirements The Subdivision Vested Rights Petition shall allege in writing that the Applicant has a vested right for some or all of the land subject to the Application under Texas Local Government Code, Chapter 245 or successor statute, or pursuant to Texas Local Government Code, Section or successor statute or other applicable law, that requires the City to review and decide the Application under standards that Subsection Subdivision Relief Procedures 319

330 were in effect prior to the effective date of the currently applicable standards. The petition shall include the following information and documents: 1. The name, mailing address, phone number and fax number of the property owner (or the property owner s duly authorized agent). 2. Identification of the property for which the person claims a vested right. 3. Identification of the project, as that term is defined in Local Government Code Section (3), and the permit Application, permit, or plan for development giving rise to the project. 4. A narrative description of the grounds for the petition, including a statement as to whether the petition asserts a vested right related to a specific standard or to an entire project; 5. A copy of each approved or pending Application that is the basis for the contention that the City may not apply current standards to the Application that is the subject of the petition; 6. The Official Vesting Date of the Application; 7. The date the subdivision for which the Application was submitted was commenced; 8. Identification of all standards otherwise applicable to the Application from which relief is sought; 9. Identification of any current standards which Applicant agrees can be applied to the Application at issue; 10. A narrative description of how the Application of current standards affect proposed landscaping or park dedication, shown on the Application for which the petition is filed; 11. A copy of any prior vested rights determination involving the same land; and 12. Whenever the Applicant alleges that an Application subject to expiration should not be terminated, a description of the events constituting Progress towards Completion of the subdivision for which the Application was approved. F. Decision of a Subdivision Vested Rights Petition 1. Reviewing a Subdivision Vested Rights Petition The Responsible Official for a Subdivision Vested Rights Petition is the same as that for reviewing the Application with which the petition is associated. Where multiple Applications are submitted, and there is more than one Responsible Official, the decision of each Responsible Official shall be coordinated with that of any other Responsible Official on the Subdivision Vested Rights Petition. The City Attorney shall also be notified of the Subdivision Vested Rights Petition following its filing and acceptance for processing. The Applicant shall reimburse the City for all related legal costs for review of a Subdivision Vested Rights Petition. This reimbursement shall be paid in full prior to filing of the Final Plat. 2. Decision by the Responsible Official on a Subdivision Vested Rights Petition If the Responsible Official is the Decision-Maker on the original related Application, that official shall determine whether the relief requested in the Subdivision Vested Rights Petition should be granted in whole or in part, and shall formulate a written report summarizing the Decision- Maker's reasoning and recommendation. The Applicant shall be notified of the decision within fourteen (14) calendar days following the date the Subdivision Vested Rights Petition was filed at the City. 320 Section 3. Subdivision Regulations and Development Standards

331 The Responsible Official may defer making a decision on the Subdivision Vested Rights Petition and instead forward the petition to the Commission for a decision, in accordance with the process outlined in 3 below. 3. Decision by Commission on a Subdivision Vested Rights Petition If the original related Application is to be decided by the Commission, or if the Responsible Official defers making a decision on a Subdivision Vested Rights Petition pursuant to 2.c above, the Responsible Official for that type of Application shall submit a report in the form of a recommendation on the petition to the Commission. The Commission shall render a decision on the petition within thirty (30) calendar days following the date the petition was filed at the City or deferred by the Responsible Official. The Commission s decision on a petition shall be upon a simple majority vote of the full Commission s voting members. 4. Decision by City Council on a Subdivision Vested Rights Petition Where the City Council is the final Decision-Maker on the related Application, or for any petition submitted pursuant to K below, the Responsible Official for that type of Application shall submit a report in the form of a recommendation on the petition to the City Council. The City Council shall render a decision on the petition within thirty (30) calendar days following the date the petition was filed at the City. The City Council s decision on a petition shall be upon a simple majority vote of the full City Council s voting members, and shall be final. 5. Appeal to the Council of a Decision on Subdivision Vested Rights Petition For an Applicant-Initiated Appeal i. The Applicant may appeal the Responsible Official's or Commission's decision on the Subdivision Vested Rights Petition to the City Council by submitting written notice of appeal to the applicable Responsible Official within fourteen (14) calendar days following the date of such decision. ii. A letter stating the reasons for the appeal, citing the specific applicable section(s) of the UDC, shall be submitted by the Applicant. For a City Council-Initiated Appeal i. No less than four (4) voting members of the City Council may appeal the Responsible Official's or Commission's decision on the Subdivision Vested Rights Petition to the entire City Council by submitting written notice of appeal to the applicable Responsible Official within fourteen (14) calendar days following the date of such decision. ii. The Council shall consider and act on whether it will appeal the decision at its first regular meeting (for which there is time to include such appeal on its posted agenda, as required by State law) that occurs after the date at which the decision was made. iii. Written notice of the City Council s vote to appeal shall be submitted to the Director of Planning within seven (7) calendar days following the City Council s vote to appeal the decision. The City Council shall hear and decide the appeal within thirty (30) calendar days following receipt of the notice of appeal by the City. Subsection Subdivision Relief Procedures 321

332 Approval of an appeal by the City Council shall only be upon a favorable vote of at least four (4) of the City Council s voting members, and shall be final. G. Criteria for Subdivision Vested Rights Petition Approval 1. Factors The Decision-Maker shall decide the Subdivision Vested Rights Petition based upon the following factors: The nature and extent of prior Applications filed for the land subject to the petition; Whether any prior vested rights determinations have been made with respect to the property subject to the petition; Whether any prior approved Applications for the property have expired or have been terminated in accordance with State law or local ordinances; Whether current standards adopted after commencement of the project affect proposed use of the land, landscaping or tree preservation, open space or park dedication, lot size, lot dimensions, lot coverage or building size based upon the proposed Application; Whether any statutory exception applies to the standards in the current Subdivision Regulations and Development Standards from which the Applicant seeks relief; Whether any prior approved Applications relied upon by the Applicant have expired; and Any other applicable provisions outlined in Chapter 245 or Section of the Texas Local Government Code, or successor statutes. 2. Conditions for a Pending Application If the claim of vested rights is based upon a pending Application, subject to standards that have been superseded by current standards of this UDC, the Decision-Maker may condition any relief granted on the Subdivision Vested Rights Petition on the approval of the pending Application. H. Action and Record of Action on the Subdivision Vested Rights Petition 1. Action The Decision-Maker may take any of the following actions: 2. Record Deny the relief requested in the petition, and direct that the Application shall be reviewed and decided under currently applicable standards; or Grant the relief requested in the petition, and direct that the related Application be reviewed and decided in accordance with the standards contained in identified prior regulations; or Grant the relief requested in part, and direct that certain identified current standards be applied to the related Application, while standards contained in identified prior regulations also shall be applied. The Responsible Official's report and the decision on the Subdivision Vested Rights Petition shall be recorded in writing in an order identifying the following: The nature of the relief granted, if any; The related Application(s) upon which relief is premised under the petition; Current standards which shall apply to the related Application for which relief is sought, if applicable; 322 Section 3. Subdivision Regulations and Development Standards

333 Prior standards which shall apply to the related Application for which relief is sought, including any procedural standards, if applicable; The statutory exception or other grounds upon which relief is denied in whole or in part on the petition; and To the extent feasible, subsequent related Applications that are subject to the same relief granted on the petition. I. Effect of the Final Petition Decision on Related Applications 1. Petition Decision Required Before Proceeding with Application A final decision on the Subdivision Vested Rights Petition must be achieved prior to further processing, and prior to any consideration of, or decision on, the related Application. 2. Revision Made (if necessary) to Related Application after Petition Decision Following the City s final decision on a petition, the Applicant shall, if necessary, revise the related Application such that it conforms to the City s decision on the petition. 3. Related Applications with Revisions After submission of a revised related Application, the Decision-Maker on the related Application shall review and consider the revised Application in accordance with the procedures for deciding that type of Application, as outlined in this UDC, and in conformity with any relief granted. 4. Related Applications without Revisions If the relief granted on the petition is consistent with the related Application on file, no revisions shall be necessary, and the related Application shall be deemed submitted at the time of the final decision on the petition. J. Expiration and Extension of a Subdivision Vested Rights Petition 1. Expiration Relief granted on a Subdivision Vested Rights Petition shall expire on occurrence of one of the following events: 2. Extension The Applicant fails to submit a revised Application that is consistent with the relief granted, if any, within sixty (60) calendar days following the final decision on the petition; The Application for which relief was granted on the petition is denied; or The Application for which relief was granted on the petition expires. Extension of the date of expiration for the Application for which relief was granted on a petition shall result in extension of the relief granted on the petition for the same time period. K. Dormant Projects 1. Definitions For purposes of this subsection K only: Dormant Project A dormant project shall meet the following criteria: i. An Initial Permit does not have an expiration date; and Subsection Subdivision Relief Procedures 323

334 ii. No Progress towards Completion has been made within the project. Initial Permit Initial permit means any of the following types of approvals granted under these Subdivision Regulations and Development Standards, or any predecessor subdivision or developmentrelated regulation or ordinance that was in effect prior to the adoption of this UDC: i. Preliminary Plat, ii. Construction Plans, iii. Construction Release, iv. Subdivision Waivers to any requirement in these Subdivision Regulations and Development Standards (per Petition for Subdivision Waiver), or v. Any other Application that was approved subject to a schematic drawing illustrating the location, arrangement, orientation or design of development, lots or improvements on a site intended for development. Final Permit Final permit means a Final Plat approved under these Subdivision Regulations and Development Standards, or any predecessor subdivision or development-related regulation or ordinance that was in effect prior to the adoption of this UDC. 2. Expiration Date Established for an Initial Permit Any Application for an Initial Permit that was approved or filed two (2) years prior to the adoption date of this UDC, and was not subject to an expiration date shall expire on the effective date of this UDC. 3. Reinstatement of an Expired Initial Permit The property owner of the land subject to an Initial Permit that expires under 2 above may petition the City Council to reinstate such Initial Permit by filing a written petition within one (1) year following the effective date of this UDC. The petition shall clearly state the grounds for reinstatement, and shall be accompanied by documentation the following: i. As of two (2) years prior to the effective date of this UDC, one of the following events had occurred: (a) A Final Permit to continue toward completion of the project was submitted to the City for all or part of the land subject to the approved Initial Permit and was approved by the City, or was filed and was subsequently approved by the City; (b) An Application for a Final Permit to continue toward completion of the project was submitted to the City for all or part of the land subject to the expired Initial Permit, but such Application was rejected on grounds of incompleteness (consistent with Texas Local Government Code, Chapter (c)(2)); (c) Costs for development of the land subject to the Initial Permit, including costs associated with roadway, utility, and other infrastructure facilities designed to serve the land in whole or in part, but exclusive of land acquisition costs, were incurred in the aggregate amount of five (5) percent of the most recent appraised market value of the land; (d) Fiscal security was posted with the City to guarantee performance of obligations required under these Subdivision Regulations and Development Standards, including 324 Section 3. Subdivision Regulations and Development Standards

335 the construction of required improvements associated with the proposed development, for all or a part of the land subject to the approved Initial Permit; or (e) Utility connection fees for all or part of the land subject to the approved Initial Permit were paid to the City. 4. City Council Action on Reinstatement of a Dormant Project s Expired Initial Permit The City Council may take one of the following actions: Reinstate the expired Initial Permit without an expiration date, if it finds that the Applicant has met any one of the criteria listed in 3.b.i above. Reinstate the Initial Permit for all or part of the land subject thereto, if it finds that the Applicant has met any one of the criteria listed in 3.b.i above, subject to expiration dates or other conditions that ensure that the remaining land that is not subject to an approved or pending Final Permit Application will be developed in a timely fashion. i. In granting relief under this provision, the City Council may require that development of such remaining land is subject to standards enacted after approval of the Initial Permit. Deny the reinstatement petition, if it finds that the Applicant has failed to meet any of the criteria in 3 Reinstatement of an Expired Initial Permit); or Reinstate the permit for only that part of the land subject to a pending Final Permit Application, if it finds that the Applicant has met the criteria in 3.b.i above and the pending Application subsequently was approved, and deny the reinstatement petition for the remaining land subject to the expired Initial Permit. Subsection Subdivision Relief Procedures 325

336 Section 4. Supplemental Development Regulations Subsection Sight Visibility Triangle Purpose and Applicability A. The intent of this Subsection is to promote safe roadways by ensuring adequate visibility at intersections. B. These regulations are effective whenever any development is occurring or any objects are placed or modified within the Sight Visibility Triangle as defined by below Regulations A. The Sight Visibility Triangle shall remain open and completely unobstructed at a height between two (2) feet and eight (8) feet above the top of the adjacent curb. This includes signage, plantings, fences, or any other items. B. No development requiring a permit shall occur within the Sight Visibility Triangle at any height. C. Sight Visibility Triangle shall be indicated as an easement on Plats and identified on Site Plans. D. Sight Visibility Triangle minimum leg dimensions shall be determined according to the following: 1. Street/Street Intersection: Twenty-five (25) feet Figure 60. Sight Visibility Triangle for a Street/Street Intersection 326 Section 4. Supplemental Development Regulations

337 2. Street/Alley Intersection: Fifteen (15) feet Figure 61. Sight Visibility Triangle for a Street/Alley Intersection Subsection Sight Visibility Triangle 327

338 3. Driveway/Street Intersection: Fifteen (15) feet Figure 62. Sight Visibility Triangle for Driveway/Street Intersection 328 Section 4. Supplemental Development Regulations

339 E. Modified Dimensions 1. Reduction The required dimensions in D above may be reduced by the City Engineer if the City Engineer determines that the reduction is necessary due to site-specific constraints and does not negatively impact the safety of the intersection. 2. Increase The required dimensions in D above may be increased by the City Engineer if the City Engineer determines that the increase is appropriate due to site-specific constraints and roadway speeds to ensure the safety at the intersection. Increased sight distances shall be calculated in accordance with the latest edition of the AASHTO A Policy on Geometric Design of Highways and Streets. If a field inspection indicates that driveway sight distance may be insufficient, the Applicant will be required to submit vertical and horizontal information prepared by a registered professional engineer to the City Engineer that verifies adequate sight distance is available for the proposed driveway location. 3. Intersection Sight Distance On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner so as to materially impair the Intersections Sight Distance (ISD) as defined in the current edition of the American Association of State Transportation Officials (AASHTO), A Policy on Geometric Design of Highways and Streets; without approval of a variance by the City, except that fences, walls, or hedges may be permitted provided that such fences, walls, or hedges do not impair vision from three (3) feet to six (6) feet above the curb line elevation. Subsection Sight Visibility Triangle 329

340 Subsection Sign Regulations General Provisions A. Purpose The purpose of this Subsection is to establish a clear set of standards related to the placement and specifications of commercial signage within the City s jurisdictional area. The following regulations balance the need to protect the public safety and welfare, the need for a well maintained and attractive community, and the need for adequate identification, communication and advertising. B. Objectives The regulations have the following objectives: 1. To promote and protect the safety of persons and property by ensuring that signs do not create traffic hazards or impair motorists ability to see pedestrians, other vehicles, obstacles or read traffic signs; 2. To promote the aesthetics, safety, health, morals and general welfare, and the insurance of protection of adequate light and air by regulation of the position, displaying, erection, use and maintenance of signs; 3. To allow for adequate and effective signs whose dimensional characteristics further the interests of public safety and the needs of the motorist, where signs are viewed from a street or roadway; 4. To promote the efficient transfer of general public and commercial information through the use of signs; 5. To enhance the overall appearance and economic value of the landscape, and preserve the unique natural environment that distinguishes the City and surrounding area; 6. To reflect and support the desired ambience and development patterns of the various zones, overlay zones, and plan districts and promote an attractive environment; and 7. To ensure that the constitutionally guaranteed right of free expression is protected Applicability A. A sign may be erected, placed, established, painted, created, or maintained in the City and Extraterritorial Jurisdiction only in compliance with the standards, procedures, exemptions, and other requirements of this Subsection. B. The effect of this Subsection as more specifically set forth herein, is: 1. To establish a permit system to allow a variety of types of signs in commercial and industrial zoning districts and a limited variety of signs in other zoning districts, subject to the standards and the permit procedures of this Subsection; 2. To allow signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this Subsection, but without requirements for permits; 3. To provide for temporary signs in limited circumstances; 4. To prohibit all signs not expressly permitted by these regulations; and to provide for the enforcement of the provisions of this Subsection Section 4. Supplemental Development Regulations

341 C. Any person, firm, association of persons, corporation, or other organization violating any of the provisions of this Subsection shall be guilty of an offense under this Subsection and shall be subject to penalty as defined in Violations and Fines Administration A. Signs Requiring a Permit Except as provided herein, no sign shall be placed, constructed, erected, or modified on a lot either within the City limits or the City s ETJ without obtaining a sign permit prior to the construction, placement, erection, or modification of such a sign in accordance with the requirements of Regulations. B. Permits and Fees 1. All signs requiring a permit shall be subject to a permit fee. The amount of the fee shall be established in the City s Fee Schedule. 2. A complete permit Application must be submitted prior to the issuance of any permit. 3. Incomplete permit Applications will not be accepted or issued a permit. Information in the Application which subsequently changes before the construction of the sign shall be updated by the Applicant and approved by staff. 4. No sign permit of any kind shall be issued for an existing or proposed sign unless such sign complies with the requirements of this Subsection (including those protecting existing signs) in every respect and with the Common Signage Plan in effect for the property, if applicable. C. Sign Permit 1. Within ten (10) days of receiving an Application for a sign permit or for a Common Signage Plan, the Director of Planning shall review it for completeness. If the Director of Planning finds that it is complete, the Application shall then be processed. If the Director of Planning finds that it is incomplete, the Director of Planning shall, within such ten (10) day period, send to the Applicant a notice of the specific ways in which the Application is deficient, with appropriate references to the applicable portions of the Subsection. 2. Within ten (10) days of the submission of a complete Application for a sign permit, the Director of Planning shall either: Issue the sign permit, if the sign(s) that is the subject of the Application conforms in every respect with the requirements of this Subsection and of the applicable Common Signage Plan; or Reject the sign permit if the sign(s) that is the subject of the Application fails in any way to conform to requirements of this Subsection and the applicable Common Signage Plan. In case of a rejection, the Director of Planning shall specify in the notice of rejection the portions of the Subsection or applicable plan with which the sign(s) is inconsistent. If a permit is rejected, the Applicant may appeal the decision in writing within thirty (30) days of the rejection. Appeals must be addressed to the Director of Planning and identify a request for approval, and where applicable, an alternative form of compliance that meets the intent of this Subsection. Approval may be subject to review by the Sign Review Board. 3. On any Application for approval of a Common Signage Plan, the Director of Planning shall either approve the proposed plan if the sign(s) as shown on the plan and the plan itself conforms in every respect with requirements of this Subsection, or reject the proposed plan if the sign(s) as shown on the plan or the plan itself fails in any way to conform with the requirements of the Subsection. In Subsection Sign Regulations 331

342 case of a rejection, the Director of Planning shall specify in the notice of rejection the portions of this Subsection with which the plan is inconsistent. The Director of Planning shall take action on or before the following dates as applicable: Fourteen days after the submission of a complete Application for existing buildings; or On the date of final action on any related Application for building permit, site plan, or development plan for signs involving new construction. 4. Signs requiring a permit shall be erected, installed, or created only in accordance with a duly issued and valid sign construction permit from the City Manager. Such permits shall be issued only in accordance with the following requirements and procedures: Permit for New Sign or Sign Modification An Application for construction, creation, or installation of a new sign or for modification of an existing sign shall be accompanied by detailed drawings to show the dimensions, design, structure, and location of each particular sign, to the extent that such details are not contained on a Common Signage Plan then in effect for the lot. One Application and permit may include multiple signs on the same lot. Changing one panel on a multi-tenant sign is not considered a modification. Inspection D. Permit Expiration The Director of Planning shall cause an inspection of the lot for which each permit for a new sign or for modification of an existing sign is issued during the sixth month period after the issuance of such permit or at such earlier date as the owner may request. If the construction is not substantially complete at the time of inspection, the permit shall lapse and become void. If the construction is complete and in full compliance with this Subsection and with the building, sign, and electrical codes, the Director of Planning shall issue a Certificate of Sign Inspection. If the construction is substantially complete but not in full compliance with this Subsection and applicable codes, the Director of Planning shall give the owner or Applicant notice of the deficiencies and allow an additional thirty (30) days from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the permit shall lapse and become void. Any incomplete structure shall be deemed a dilapidated sign and shall be subject to the provisions for removal under Abandoned Signs, Dilapidated Signs, and Sign Violations. If the construction is then complete and in compliance, the Director of Planning shall issue a Certificate of Sign Inspection. 1. If the work authorized by a permit issued under this Subsection has not commenced within 180 days after the date of issuance, the permit shall become null and void. 2. Any permittee holding an unexpired permit may apply in writing for an extension of the permit, if the permittee is unable to commence work. The extension period shall not exceed 180 days. The permittee shall pay a fee for the extension of the unexpired permit. No permit shall be extended more than once. 332 Section 4. Supplemental Development Regulations

343 Prohibited Signs All signs not expressly permitted under this Subsection or exempt from regulation hereunder in accordance with this Subsection are prohibited in the City or its extraterritorial jurisdiction. Such signs include, but are not limited to: A. Beacons; B. Obscene signs; C. Inflatable signs and tethered balloons; D. Decorative flags (flags used as advertising displays, including but not limited to blade, feather, shark fin, solid, and teardrop flags); E. Moving signs; F. Off-premise signs (except City-owned directional signs); G. Snipe signs; H. Animated signs; I. Portable signs; J. Signs in the Right-of-Way, other than those installed by the City, State, or Federal government; K. Human or hand-held signs not otherwise exempt; L. Signs that imitate or resemble official traffic lights, signs, or signals, or signs that interfere with the effectiveness of any official traffic light, sign, or signal; M. Signs on motor vehicles that are inoperable, do not display a current vehicle registration sticker or license plate, are not principally used as a mode of transportation for business purposes, or are conspicuously parked or located on a lot for more than twenty-four (24) hours ; or N. Signs attached, placed, or otherwise supported on or by trees, rocks, or other naturally-occurring landscaping features Regulations Signs must meet all applicable standards as set forth herein and all City codes as amended, regardless of whether a permit is required. A. Nonconforming Sign 1. These regulations shall apply to all Nonconforming Signs. All Nonconforming Signs shall be brought into compliance with this Subsection in accordance with the provisions of these regulations. 2. Signs erected on a property prior to its annexation and not in compliance with this Code shall be considered Nonconforming Signs until such time as they are brought into compliance in accordance with this Subsection. 3. All Nonconforming Signs that were erected in violation of the ordinances of the City in existence at the time the sign was permitted or should have been permitted, and which violation was or has not been cured, shall, upon written notice, be required to be brought into compliance with this Subsection or removed within a reasonable time frame specified by the Director of Planning, but not to exceed thirty (30) days from the date of notice. 4. Nonconforming Signs that do not comply with the City Building Codes shall be subject to enforcement under the Building Codes, as well as this Subsection. Repairs or modifications required Subsection Sign Regulations 333

344 under the City Building Codes shall not entitle the owner of the Nonconforming Sign to compensation under this Subsection. 5. All Nonconforming Signs shall be subject to the following provisions: B. Location Whenever a land use changes, any nonconforming sign must be modified so as to be in full compliance with these sign regulations. Any Nonconforming Sign that has been destroyed or damaged to the extent that the cost of repairing the sign is more than sixty (60) percent of the cost of erecting a new sign of the same type at the same location shall be removed or shall be brought into compliance with this Subsection within six (6) months from receipt of an order from the Director of Planning, without compensation being paid by the City to the owner. No Nonconforming Sign shall be required to be relocated or removed unless such Nonconforming Sign is more than sixty (60) percent destroyed or damaged as provided in b above. Any water storage device displaying signage existing at the date of this adoption is considered nonconforming and precluded from restoring any type of signage upon repainting of the water storage device. No signs shall be allowed in the public Right-of-Way except for those specifically licensed or permitted by the City, State or a political subdivision of the State exercising jurisdiction where the sign is located. C. Construction All signs shall be designed, constructed, and maintained in accordance with the following standards: 1. All signs shall comply with applicable provisions of the adopted versions of the City Building Codes, the National Electrical Code, and Section 4 of the Uniform Sign Code at all times. 2. Except for Temporary Signs Submit to Permits, and Window Signs conforming in all respects with the requirements of this Subsection, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame, or structure. D. Maintenance All signs shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this Code, at all times. E. Obstruction of View 1. No sign may be erected, constructed, maintained or allowed to remain that constitutes an obstruction to or which interferes with a clear line of sight of approaching motor vehicles. 2. No sign may be erected, constructed, maintained or allowed to remain that constitutes an obstruction to the view of pedestrians upon or entering a public or private street. 3. No sign may be located within the Sight Visibility Triangle (see Subsection ). F. Illumination Illuminated signs are subject to the following requirements. 1. Signs that are illuminated at night may not exceed a maximum luminance level of seven hundred fifty (750) NITS, regardless of the method of illumination. 334 Section 4. Supplemental Development Regulations

345 2. Any externally illuminated sign shall be shielded so as not to cast direct light or glare onto any residential district and as not to create a safety hazard, including distraction of vehicle operators or pedestrians in the public Right-of-Way. 3. All illuminated signs must comply with the maximum luminance level of seven hundred fifty (750) NITS at least one-half hour before Apparent Sunset, as determined by the National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce, for the specific geographic location and date. All illuminated signs must comply with this maximum luminance level throughout the night, if the sign is energized, until Apparent Sunrise, as determined by the NOAA, at which time the sign may resume luminance levels appropriate for daylight conditions, when required or appropriate. 4. A sign that is designed to emit a luminance level exceeding seven hundred fifty (750) NITS must have an automatic dimmer control that produces a distinct illumination change from a higher to a lower level for the time period between dusk and dawn Changeable Electronic Variable Message Sign A. Changeable Electronic Variable Message Signs shall only be permitted by right in nonresidential zoning districts with the exception of institutional uses such as religious assemblies, educational facilities, government administration and civic buildings, and public parks that may be permitted in additional zoning districts provided that all standards of C, D and E below are met. B. Changeable Electronic Variable Message Signs must meet all of the following requirements: 1. Placement and Location Changeable Electronic Variable Message Signs are permitted only in the Interstate-35 Business (B-3) District and within 300 feet of I-35 by right. See C below for other areas. No more than one Changeable Electronic Variable Message Sign shall be allowed per lot. Changeable Electronic Variable Message Signs shall be designed as Monument Signs. Changeable Electronic Variable Message Signs shall be located at least three hundred fifty (350) feet away from a property with any residential zoning designation. Changeable Electronic Variable Message Signs shall be located at least seven hundred fifty (750) feet away from a property designated as a Historic Landmark or within the Historic Overlay (O-H) District. 2. Display and Illumination Changeable Electronic Variable Message Signs must meet the following criteria: Hard maximum of 12 square feet; i. For purposes of calculating area of a monument sign, the Changeable Electronic Variable Message Sign counts four times; Subsection Sign Regulations 335

346 Constructed such that the sign does not face, shine, or reflect light in any manner or angle into a property with any residential zoning designation or use; Maximum daytime NITs of 5,000; maximum nighttime NITs of 500; Provide a minimum display time for each static image of at least six (6) seconds No display of a solid white background; A static display with no animation, virtual movement, flashing or multimedia/video; No special effect transitions between each static display; and C. A request to permit an Changeable Electronic Variable Message Sign in areas not within the Interstate- 35 Business (B-3) District or within 300 feet of I-35 meeting all of the other above requirements may be approved by the Planning and Zoning Commission based on the following criteria: 1. The potential for interference with the enjoyment of the use of surrounding properties and compatibility with land uses; 2. The zoning district and the adjoining zoning districts of the property for which the Changeable Electronic Variable Message Sign is sought; 3. Whether the request is harmonious with the public interest; 4. Consistency with the purposes of this Code; D. Under no circumstance may an off-premise sign be converted to an Changeable Electronic Variable Message Sign. E. An Changeable Electronic Variable Message Sign may not exceed seventy-five (75) percent of the total sign area for any Monument Sign. 336 Section 4. Supplemental Development Regulations

347 Dimensional Calculations A. Sign Area Sign area shall be calculated in square feet, and by means of the smallest square, circle, rectangle, or combination thereof that will encompass the sign face. Figure 63. Sign Area Calculation B. Calculation of Area of Multifaceted Signs The sign area for a sign with more than one face shall be calculated by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back-to-back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than forty-two (42) inches apart, the sign area shall be calculated by the measurement of one of the faces. C. Sign Height Sign height shall be measured in linear feet. The overall height of a Freestanding Sign or other sign structure is measured from the lowest grade level within ten (10) feet of the base of the sign to the highest point of the Freestanding Sign or other sign structure. Figure 64. Sign Height Subsection Sign Regulations 337

348 D. Sign Width Sign width shall be measured in linear feet from the farthest outermost point on each side of a sign. E. Setbacks Setbacks shall be measured in linear feet from property lines. F. Spacing A minimum distance of fifty (50) feet must be maintained between all Freestanding Signs. The spacing requirement applies to all signs on a single lot and the distance to the nearest sign on an adjacent lot. 338 Section 4. Supplemental Development Regulations

349 Types of Signs A. Signs Permitted by Zoning District Table 38. Signs Permitted by Zoning District identifies zoning districts within the City limits where each sign type is permitted. 1. Permitted ( ) indicates that the sign type is permitted by right in the zoning district. If a cell is blank, this indicates the sign type is not permitted in the zoning district. For example, if a sign is seeking placement on a property in both the Interstate-35 Business (B-3) District and the Gateway Overlay (O-G) District, then the more restrictive standards and permitted sign limitations shall apply. 2. To preserve the character of residential zoning districts, commercial signs are not permitted in Estate Residential (R-1) District through Urban Residential (R-5) District. Table 38. Signs Permitted by Zoning District Signs may be allowed in residential zoning districts for institutional uses such as religious assemblies, educational facilities, government administration and civic buildings, and public parks. The sign standards for these uses shall be based on Neighborhood Business (B-1) District/Arterial Business (B-2) District/Interstate-35 Business (B-3) District standards applicable to the respective sign type. AG R-1 R-2 R-3 R-4 Pole and Pylon Sign R-5 R-MH B-1 Monument Sign B-2 Wall Sign B-3 LI HI O-G O-R F3 F3-H F4 F4-H F5 F5-H Projecting Sign Hanging Sign Marquee Sign Awning Sign Canopy Sign Window Sign Sidewalk Sign Subsection Sign Regulations 339

350 B. Pole and Pylon Sign 1. Description A Pole and Pylon Sign is a sign supported by a single or multiple poles. Sign supports may include an exposed pole or concealed support. 2. Special Standards For requirements regarding Multi- Tenant Pole and Pylon Signs, refer to Common Signage Plan. Changeable Copy Signs are permitted. Area Max (sq ft) Single Multi B-3, LI, HI Height Max (ft) B-3, LI, HI Within 400 of residential, no taller than the primary structure (if structure blocks view from residential) or 25, whichever is less. Width Max (ft) Number of Signs N/A Signs per lot, max 1 1 Setbacks and Spacing N/A Interior property lines, min. (ft) Illumination Internal Only Vertical Clearance from Grade Min. (ft) Changeable Electronic Variable Message Signs See Section 4. Supplemental Development Regulations

351 C. Monument Sign 1. Description A Monument Sign is a Freestanding Sign attached to a pedestal or perimeter wall. 2. Special Standards Changeable Electronic Variable Message Signs may not exceed seventy-five (75) percent of the total sign area; Sign area does not include the base or pedestal, or address block. See Figure 63. Sign Area Calculation; Monument Signs in the Estate Residential (R-1) District, Suburban Residential (R-2) District, or One & Two Family Residential (R-3) District residential zoning districts must meet standards for Neighborhood Business (B-1) District/Historic Overlay (O-H) District, and must be located on property owned by the Homeowners or Property Owners Association. Single Multi Area Max (sq ft) R-4, R-5, R-MH, B-1, O-H, O-R B-2, LI, HI, O-G B Height Max (ft) R-4, R-5, B-1, O-H, O-R, F B-2, LI, HI, O-G, F B Width Max (ft) Number of Signs Signs per lot, max 1 1 Setbacks and Spacing Interior property lines, min. (ft) Illumination Internal or External Vertical Clearance from Grade N/A N/A Changeable Electronic Variable Message Signs See Changeable Copy Signs are permitted. Subsection Sign Regulations 341

352 D. Wall Sign 1. Description A Wall Sign is a sign that is attached flat to or mounted away from, but parallel to, any exterior wall of a structure. 2. Special Standards Maximum distance between the wall and sign is eighteen (18) inches. Exposed raceways must be as narrow as possible. Wireways are preferred. Wall signs are only allowed on the first floor of a building. Multiple Wall Signs are permitted however, the total area must not exceed twenty-five (25) percent of the total façade/wall area of the building. Changeable Copy Signs are permitted. Total Wall Area Max (%) Individual tenant space 25 Height Max Not to exceed height of building Width Max (%) Individual tenant space 75 Number of Signs None Setbacks and Spacing Interior property lines, min. (ft) 10 Illumination Internal only Vertical Clearance from Grade N/A Changeable Electronic Variable Message Signs Not allowed Roof Signs shall be treated as Wall Signs for the purpose of this Subsection, provided such sign shall not extend above the roof peak by more than six (6) feet and its area shall not exceed fifteen (15) percent of the exterior wall elevation over which the roof sign is oriented. 342 Section 4. Supplemental Development Regulations

353 E. Projecting Sign 1. Description A Projecting Sign is a two-sided sign that projects outward from the exterior wall of a structure into the pedestrian realm. 2. Specific Standards Projecting Signs shall not project more than two-thirds of the width of the abutting sidewalk. If a Wall Sign is already permitted for the building, then the Projecting Sign shall not exceed twenty-five (25) percent of the maximum allowable sign area for the building. Changeable Copy Signs are permitted. Area Max (sq ft) Total sign area 35 Height Max Not to exceed height of building Width Max (ft) 3 Number of Signs Signs per building face, max 1 Illumination Internal only Vertical Clearance from Grade Min. (ft) 8 Changeable Electronic Variable Message Signs Not allowed Subsection Sign Regulations 343

354 F. Hanging Sign 1. Description A Hanging Sign is a two-sided sign that hangs down from an awning or similar structure extending outward from the exterior wall of a structure into the pedestrian realm. 2. Specific Standards Hanging Signs must be placed at least one (1) foot from the edge of the awning or cover. Area Max (sq ft) Total sign area 6 Number of Signs Signs per building face, max 1 Illumination None Vertical Clearance from Grade Min. (ft) 8 Changeable Electronic Variable Message Signs Not allowed 344 Section 4. Supplemental Development Regulations

355 G. Marquee Sign 1. Description A Marquee Sign is a sign attached to the top or the face of a permanent roof-like structure constructed over a ground-floor main entrance. 2. Special Standards Changeable Copy Signs are permitted. Marquee Signs may only be permitted for movie or performance theatres. Total Wall Area Max (%) 50 Height Max (ft) Exceed height of building 10 Width Max (%) Individual tenant space 75 Number of Signs Max, per building 1 Setbacks and Spacing Setbacks N/A Illumination Internal or External Vertical Clearance from Grade Min. (ft) 10 Changeable Electronic Variable Message Signs See Subsection Sign Regulations 345

356 H. Awning Sign 1. Description An Awning Sign is a sign printed on any of the surfaces of an awning, and which may include an under-awning sign attached to and mounted under the awning. 2. Special Standards Awning Signs are only permitted on the first floor of a building If Wall Signs are present on the same building face, awning copy counts towards the total allowable sign area. Lettering and logos may be located on both the valance and canopy of an awning. Area Max (sq ft) 25 Height Max Not to exceed height of building Width of Awning Sign Copy Max (%) 75 Number of Signs Awning signs per building face, max N/A Setbacks and Spacing Setbacks N/A Illumination None Vertical Clearance from Grade Min. (ft) 10 Changeable Electronic Variable Message Signs Not allowed 346 Section 4. Supplemental Development Regulations

357 I. Canopy Sign 1. Description A Canopy Sign is a sign attached above, below, or to the face of a canopy, and which may include an under-canopy sign attached to and mounted under the canopy. 2. Special Standards Canopies may be installed on building facades and shall count toward the maximum allowable Wall Sign area. Canopies shall comply with all applicable ordinances, including building codes. Total Window Area Max (%) 50 Height Max (ft) 4 Width of Canopy Max (%) 75 Number of Signs per Building Face Max 1 Setbacks and Spacing Setbacks N/A Illumination Internal or external Vertical Clearance from Grade Min. (ft) 10 Changeable Electronic Variable Message Signs Not allowed Subsection Sign Regulations 347

358 J. Window Sign 1. Description A Window Sign is generally affixed to a window for the purpose of being viewed from the exterior of a building. 2. Special Standards Window Signs may only be permitted on the first floor of building. Displays located in a window such as mannequins are not considered window signs. Total Wall Area Max (%) 25 Height Max (ft) N/A Width Max (ft) N/A Number of Signs Signs per building face, max N/A Setbacks and Spacing Setback N/A Illumination None Vertical Clearance from Grade Min. (ft) N/A Changeable Electronic Variable Message Signs Not allowed 348 Section 4. Supplemental Development Regulations

359 K. Sidewalk Sign 1. Description A Sidewalk Sign is generally temporary in nature and intended to be viewed from the pedestrian realm. 2. Special Standards Sidewalk Signs must be placed directly in front of the premises that owns and is placing the sign within ten (10) feet of the building entry. Sidewalk Signs must be removed when the business is closed. Sidewalk Signs must allow for a minimum of four feet of clearance as per ADA standards. Prior to issuance of a Sidewalk Sign permit, Applicants must submit an executed indemnification form to the City. Changeable Copy Signs are permitted. Area Max (sq ft) 6 Height Max (ft) 4 Width Max (ft) N/A Number of Signs Signs per business, max 1 Setbacks and Spacing Setback N/A Illumination None Vertical Clearance from Grade N/A Changeable Electronic Variable Message Signs Not allowed Subsection Sign Regulations 349

360 L. Drive-Thru or Drive-In Sign 1. Description A sign erected in conjunction with a use that incorporates a drive-thru or drive-in, placed adjacent to a drive-thru lane or drive-in parking space to be read by patrons in a vehicle. 2. Special Standards A drive-thru or drive-in sign shall only be allowed on property zoned to allow a drivethru or drive-in use by right or by specific use permit. A sign permit for such sign shall not be issued until a specific use permit, if required, is issued. A drive-thru or drive-in sign can be a Changeable Electronic Variable Message Sign (CEVMS) and is exempt from A drive-thru sign shall be supported from the grade to the bottom of the sign having or appearing to have a solid base. The design, materials, and finish of the sign shall match those of the building(s) on the same lot. A drive-in sign shall be supported from the grade to the bottom of the sign having or appearing to have a solid base. If the drive-in Area Max (sq ft) Drive-thru (per sign face) 60 Drive-In (per sign face) 9 Height Max (ft) Width Max (ft) Number of Signs stalls are covered by a canopy, the drive-in sign may be attached directly to the canopy support columns. The design, materials, and finish of the drive-in sign shall match of those of the building(s) on the same lot. A drive-thru or drive-in sign that engages a speaker or other form of audible communication between the vehicle and store shall conform to all noise and nuisance regulations of the City of Buda. 6 N/A Signs per drive-thru lane, max 1 Signs per drive-in ordering station, max (2-sided allowed) Setbacks and Spacing Setback Illumination Internal or External Vertical Clearance from Grade 1 N/A N/A Changeable Electronic Variable Message Sign (CEVMS) Allowed 350 Section 4. Supplemental Development Regulations

361 M. Temporary Signs Submit to Permit 1. Temporary Signs Submit to Permits, including banners, on private property shall be allowed only upon the issuance of a Temporary Signs Submit to Permit permit unless otherwise noted in this subsection, shall not be a prohibited sign, and shall be subject to the following requirements: Term A Temporary Signs Submit to Permit permit shall allow the use of a Temporary Signs Submit to Permit for a specified 30-day period. Number Only one Temporary Signs Submit to Permit permit shall be issued on a lot during any consecutive four (4) month period. Exemptions A Temporary sign is allowed for an additional 30 day period from the time a Certificate of Occupancy is issued without obtaining a Temporary Sign Permit. 2. Signs for Properties in a State of Functioning as a Model Home Temporary Signs not exceeding thirty-two (32) square feet in area and eight feet in height may be erected on a lot containing a home during the time period the home is being used as a model for the construction of new residential homes. 3. Size Temporary Signs shall not exceed thirty-two (32) square feet in area. Subsection Sign Regulations 351

362 Exempt Signs The following signs, if located on private real property with the consent of the property owner (unless otherwise stated) are exempt from regulation under this Subsection: 1. Public Signs Any public notice, warning or traffic control device required by federal, state or local law, regulation, or ordinance, including those on public property; 2. Signs on Properties in a State of Being for Sale or Lease Up to two (2) temporary signs not exceeding six square feet in area and three feet in height when posted in residential zoning districts, or temporary signs not exceeding 64 square feet in area and 12 feet in height when posted in other zoning districts, when posted during time periods when the property on which the signs are located is for sale or lease, and such signs do not remain more than seven (7) days after the property is sold or leased; 3. Signs on Properties in a State of Construction Up to two (2) temporary signs placed on construction sites not exceeding 64 square feet in area after approval of a site plan, and which do not remain erected for more than seven (7) days after the completion of the construction project; 4. Works of Art Works of art that do not include a commercial message, including painted or applied wall accents and decorations; 5. Holiday Lights Holiday lights and decorations with no commercial message; 6. Incidental Signs Traffic-control signs on private property, such as stop, yield, and similar signs, the face of which meet Texas Manual on Uniform Traffic Control Devices standards and that contain no commercial message of any sort, and similar incidental signs related to internal traffic flow and that contain no commercial message of any sort; 7. Residential Signs 8. Incidental Signs Traffic-control signs on private property, such as stop, yield, and similar signs, the face of which meet Texas Manual on Uniform Traffic Control Devices standards and that contain no commercial message of any sort, and similar incidental signs related to internal traffic flow; 352 Section 4. Supplemental Development Regulations

363 Common Signage Plan A. A Common Signage Plan applies to two different development scenarios: 1. Multi-Tenant Center or One Lot with Multiple Buildings (required); and 2. Multiple Adjacent Lots (optional). B. Multi-Tenant Center or One Lot with Multiple Buildings 1. For the purposes of this section, multiple buildings on one lot does not include accessory buildings. 2. Common Signage Plan shall contain the following information: An accurate plot plan of the lot(s) at a minimum 1 =20 scale, or as approved by the City; The location of buildings, parking lots, driveways, landscaped areas on such lot, and any other information as required by the City; Calculation of the maximum total sign area, the maximum area for individual signs, the maximum height of signs and the maximum number of Freestanding Signs allowed on the lot under this Subsection; An accurate indication on the plan of the proposed location of each present and future sign of any type, regardless of whether a permit is required; and An accurate depiction of the sign structure and materials, specifying standards for consistency among all signs on the lot(s) affected by the plan with regard to color scheme, lettering or graphic style, lighting, location of each sign on the buildings, materials, and sign proportions. 3. No more than one (1) Freestanding Sign shall be allowed for each street on which the lot has frontage. These signs must provide for shared or common usage of such signs. Lots having more than three hundred (300) feet of street frontage on a single street may have one (1) Freestanding Sign per two hundred (200) feet of frontage beyond three hundred (300) feet. 4. If the signage in the plan meets all requirements listed above, then a twenty (20) percent increase in the maximum sign area shall be allowed for each sign, excluding Freestanding Signs. C. Multiple Adjacent Lots 1. Common Signage Plans are encouraged but not required for adjacent lots. 2. In addition to the requirements for a Common Signage Plan, the Applicant must also submit the following information intended to ensure consistency among signs: Color scheme Lettering or graphic style Lighting Location of each sign on the building Material Sign proportions Subsection Sign Regulations 353

364 D. Existing Signs Not Conforming to Common Signage Plan 1. If any new or amended Common Signage Plan is filed for a property on which existing signs are located, it shall include a schedule for bringing all signs into compliance with this Subsection within three (3) years from the date of approval of the plan or amended plan. 2. Common Signage Plan may contain such other restrictions as the owners of the lots may reasonably determine. E. Consent The Common Signage Plan shall be established by all owners or their authorized agents in such form as the Director of Planning may require. F. Procedures A Common Signage Plan shall be included in any development plan, site plan, planned unit development plan, or other official plan required by the City for the proposed development and shall be processed simultaneously. The Director of Planning may review the Common Signage Plan and approve it provided it meets all requirements of this Subsection. Otherwise he may approve it with conditions; or may deny the plan. 1. Amendment A Common Signage Plan may be amended by filing a new Common Signage Plan that conforms with all requirements of this Subsection. 2. Binding Effect After approval of a Common Signage Plan, no sign shall be erected, placed, painted, or maintained, except in compliance with such plan, and such plan may be enforced in the same way as any provision of the Subsection. In case of any conflict between the provisions of such a plan and any other requirement of this Subsection, this Subsection shall control. 354 Section 4. Supplemental Development Regulations

365 Abandoned Signs, Dilapidated Signs, and Sign Violations A. The owner of any premise on which there is displayed or maintained any abandoned or dilapidated signs shall comply with the following requirements: 1. The owner of any dilapidated sign shall remove the sign within thirty (30) days after receiving written notice from the Director of Planning or the adoption of this Subsection, whichever is later; 2. The owner of a supporting structure used or designed to be used with a dilapidated sign shall remove the supporting structure within thirty (30) days after receiving written notice from the Director of Planning. 3. If an abandoned supporting structure does not have a can, frame, or similar part of the supporting structure that would hold the sign or to which the sign would be attached, the supporting structure shall be removed or made to comply with the provisions of the Subsection. 4. Any modifications, alterations or changes to an abandoned sign or supporting structure shall be made in full compliance with the requirements of this Subsection. 5. Any dilapidated sign or dilapidated supporting structure not in compliance with this Subsection is an unlawful sign and may be removed by the City in compliance with C below and the owner may be prosecuted or be enjoined from continuing such violation. 6. If a sign that conforms to the regulations of this Subsection is abandoned, the owner, user, and persons who benefit from the sign and the owner, operator, and tenants of the property on which the sign is located shall remove it, paint out or cover the message portion of the sign, put a blank face on the sign, or otherwise bring it into compliance with this Subsection so as to leave the message portion and supporting structure neat and unobtrusive in appearance, within ninety (90) days after receiving written notice from the Director of Planning. B. The following are required for the use, display, maintenance, or permitting of an alteration of any abandoned sign or supporting structure regardless of when the sign was abandoned: 1. Like Material Only the same like, or better quality material as that being replaced shall be used as a face on or in the abandoned sign. The face of the supporting structure must be one that the supporting structure is designed to support. 2. Covered Messages Abandoned signs may be painted in order to blank the face. However, the paint must completely cover the sign face or message portion of the structure. The covered, painted over message must not show through the paint. Covered sign faces must be of a material or substance that renders the resulting sign face completely blank, opaque, and resistant to deterioration. It is a violation of these regulations to allow a covered message to bleed or show through the paint or covering. Routed, embossed, or raised messages or sign copy must not be visible to the ordinary observer, if the face or message is blanked 3. No person shall alter an abandoned sign or supporting structure without first obtaining a permit to do so from the Director of Planning. Subsection Sign Regulations 355

366 C. Sign Violations and Removal 1. The City Manager shall have the authority to issue a sign violation notice and shall be empowered to enter upon the premises of any person within the City or its ETJ for the purpose of enforcing the provisions herein. 2. The City is authorized to take all legal means to ensure that a sign violation is removed or remedied. 3. When a sign requiring a permit is erected without a sign permit, the City Manager shall use the following procedures. The City shall give written notice of violation to the responsible party or to the occupant of the premises if the responsible party is not known. The notice shall include a description of the violation, the date such violation was noted, instructions to contact the City Manager to apply for a permit for the sign, if applicable, and the fine schedule if the notice is not heeded, refused or unclaimed. The notice is deemed delivered when deposited in the United States Postal Service mail, with postage paid to the last known address of the party responsible for such sign. If the City is unable to deliver written notice to the responsible party, a telephone call shall be made by the City Manager, date and time recorded, informing the owner of the premises on which the sign is located that on a set day, a fine shall commence to be assessed to the owner of the sign for each day of the violation until the sign(s) are removed. If, within ten (10) calendar days, the responsible party fails to contact the City Manager in writing, bring the sign into conformance with this Code, or apply for a permit for the sign, the City Manager shall have the sign removed or impounded without further notice, or shall fine the owner on a daily basis as set forth within this Code. The party responsible for the sign shall, upon conviction, be guilty of a misdemeanor and shall (a) forfeit both the sign and any permit associated with the sign; and (b) pay the fines set by the court, not to exceed the fines specified in Violations and Fines for each violation. Each day of the continued violation shall constitute a separate violation. 4. Impoundment of Signs The Director of Planning shall have the authority to remove all signs, without notice to the owners thereof, placed within any street or highway Right-of-Way, or attached to trees, telephone and utility poles, other natural features or signs otherwise prohibited or not authorized by this Code, and to immediately and permanently dispose of the signs. The owner of an impounded sign may recover the same upon payment of an impoundment fee for each sign, and all costs associated with the removal of the sign, prior to the expiration of the fourteen (14) day impoundment period; in the event the sign is not claimed and retrieved from the City s possession within fourteen (14) days, the Director of Planning shall have authority to dispose of such sign. The owner shall be responsible for all costs associated with removal and disposal of the sign. 356 Section 4. Supplemental Development Regulations

367 Subsection Wireless Transmission Facilities Regulations Purpose The purpose of this section is to further an overall plan for the enhancement of public safety, consistent community development, preservation of property values, and the general welfare of the City while providing for the communication needs of the residents and businesses in the City. This section governs the placement of these facilities to: A. Facilitate the provision of wireless telecommunication services to the residents and businesses of the City; B. Encourage operators of antenna facilities and antennas to locate them in areas where the adverse impact on the community is minimal; C. Encourage Co-Location on both new and existing Antenna Facilities; D. Encourage operators of Antenna Facilities to configure them in a way that minimizes the adverse visual impact through careful design, landscape screening, and innovative stealth techniques; and E. Enhance the ability of wireless telecommunication providers to provide services to the community effectively and efficiently Applicability The following regulations apply to all Antenna Facilities located within any district of the incorporated limits of the City and within the ETJ upon a City-approved Development Agreement. A. Applicability Except as specifically provided, all new Telecommunications Towers or Antennas in the City shall be subject to the regulations contained in these regulations. Preexisting Towers and Preexisting Antennas lawfully in existence as of October 16, 2007 shall not be required to meet the requirements of these regulations, other than those contained in 9 and 11 below. 1. Equipment Storage Building An Equipment Storage Building or Structure associated with Antenna Facilities or an Antenna shall be screened and landscaped as described in other sections of this ordinance, or be incorporated into the stealth treatment so that it is consistent and complementary with the existing structures and uses on the premises. Each Equipment Storage Building or Structure or cabinet must be made of Masonry material or enameled metal. Alternative materials may be permitted upon recommendation by the Planning and Zoning Commission and approval by the City Council. The base of all tower facilities must be screened with a masonry wall that will completely screen the Equipment Storage Building or Structure (Pertaining to Wireless Facilities). 2. Driveway Surfaces All Telecommunications Tower Facilities must have an access drive that is constructed of asphalt or concrete. One (1) off-street parking space must be provided at each Telecommunications Tower Facility. 3. Lights No outdoor lighting shall be allowed on Antenna Facilities except lights or lighting that is by required by the Federal Aviation Administration or the Federal Communications Commission. Subsection Wireless Transmission Facilities Regulations 357

368 4. Antenna Facility Capacity All new Antenna Facilities must be structurally designed to allow for at least two (2) sets of antennas. 5. Tower Types Only monopole, alternative mounting structures or Stealth Facility towers are permitted in the City. 6. Prohibited in Easements Antenna Facilities shall not be placed in easements unless authorized by the easement holder. 7. Construction Standards A building permit must be obtained prior to the construction or installation of Antenna Facilities. Antenna Facilities must be installed according to the manufacturer s recommendations and under the seal of a professional engineer registered in the State of Texas. Additionally, all Antenna Facilities shall comply with applicable state and local building codes. 8. Building Codes/Safety Standards To ensure the structural integrity of Antenna Facilities, the owner of the facility must ensure that it is maintained in compliance with all provisions of the City building code and zoning regulations. If upon inspection, the City concludes that an Antenna Facility fails to comply with such codes and regulations or constitutes a danger to persons or property, then upon written notice to the owner of the Antenna Facility, the owner shall have thirty (30) days to bring such tower into compliance with applicable standards. Failure to bring such tower into compliance shall constitute grounds for the removal of the Antenna Facility at the owner s expense. This notice requirement shall not preclude immediate action by the Building Official as allowed by law if public safety requires such action. 9. Contained on Property No part of an Antenna Facility may extend beyond the property lines or required building lines of the lot on which the Antenna Facility is located. 10. State or Federal Requirements All Antenna Facilities must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, and if the controlling state or federal agency mandates compliance, then the towers and antennas must be brought into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. 11. Antenna Variance An Antenna Variance granted by the Board of Adjustment, following the procedure and requirements outlined in Zoning Variance, is required for an Antenna Facility that will not comply with the requirements of this section unless otherwise specified herein. 12. Height Limitations Unless otherwise stated herein or required by the FCC, the maximum height of any Antenna Facility shall not exceed ten (10) feet above the maximum height limitation applicable for the zoning district. 358 Section 4. Supplemental Development Regulations

369 General Regulations A. Amateur Radio Antenna and TV Antennas Amateur Radio Antennas and TV Antennas are allowed as accessory uses in the Residential Zoning Districts or any residentially zoned Planned Development (PD) district. Amateur Radio Antennas and TV Antennas must comply with the following regulations: 1. Antenna Facility Location Amateur Radio Antennas and TV Antennas can only be located on a roof or in the back yard of a residence. 2. Number of Facilities per Lot No more than one (1) TV Antenna and one (1) Amateur Radio Antenna are permitted on each lot. Amateur Radio Antennas are only permitted for operators that have an amateur radio operator license from the FCC and the operator must provide the City proof of a current FCC license before an Amateur Radio Antenna is installed or maintained on a lot. 3. Height Limitations An Amateur Radio Antenna or a TV Antenna shall not extend more than eight (8) feet above the maximum height limitation applicable for the zoning district. 4. Setbacks Amateur Radio Antennas or TV Antennas are not permitted within any required setback area. B. Satellite Receive-Only Antennas Less Than One Meter in Diameter Satellite Receive-Only Antennas, one (1) meter or less in diameter shall be permitted as an accessory use in the Residential Zoning Districts or any residentially zoned Planned Development (PD) district. Satellite Receive-Only Antennas must comply with the following regulations: 1. Antenna Facility Location Satellite Receive-Only Antennas less than one (1) meter in diameter can only be located on a roof or in the back yard of a residence. 2. Number of Facilities per Lot No more than one (1) Satellite Receive-Only Antenna less than one (1) meter in diameter is permitted on each lot. 3. Height Limitations A Satellite Receive-Only Antenna less than one (1) meter in diameter cannot extend more than eight (8) feet above the maximum height limitation applicable for the zoning district. 4. Setbacks Satellite Receive-Only Antennas less than one (1) meter in diameter are not permitted within any required setback area. C. Satellite Antennas Greater Than One Meter in Diameter A Satellite Antenna greater than one (1) meter in diameter is permitted as an accessory use under the following conditions: Subsection Wireless Transmission Facilities Regulations 359

370 1. Nonresidential Zoning Districts Satellite Antennas greater than one (1) meter in diameter is an accessory use permitted by right in Nonresidential Zoning Districts. 2. Residential Zoning Districts Satellite Antennas greater that one (1) meter in diameter are only allowed in Residential Zoning Districts upon the approval of a Special Exception granted by the Board of Adjustment. 3. Height Satellite Antennas greater than one (1) meter in diameter shall not exceed ten (10) feet in height above the base of their mount. 4. Location Satellite Antennas greater than one (1) meter in diameter cannot be erected in any required setback or in the front of residential structures. 5. Screening D. Co-Location Satellite Antennas greater than one (1) meter in diameter that are mounted on the ground shall be screened from view from adjoining properties by solid fencing or evergreen plants to a height of a least six (6) feet. 1. Co-Location of Antenna Facilities is encouraged, subject to the following conditions: The height of a single Antenna Facility is not increased, The Antenna Facility impact level under is not changed, and No alterations to the structural strength or stability of the tower, such as the addition of guy wires or other reinforcement, are necessary. 2. Co-Location Applications must be processed within sixty (60) days of receipt by the City Manager. All other Applications must be processed within one hundred fifty (150) days of receipt by the City Manager. The time period for processing Applications may be extended beyond ninety (90) or one hundred fifty (150) days by mutual consent of the personal wireless service provider and the City Manager. 3. If the City Manager finds that an Application is incomplete as filed, the City Manager shall notify the Applicant within thirty (30) days that their Application is incomplete. When incomplete Applications are filed, the sixty (60) or one hundred fifty (150) day time period is tolled and does not include the time that the Applicant takes to respond to the City Manager s request for additional information. The Applicant shall respond to any request for additional information by the City Manager within sixty (60) days. 360 Section 4. Supplemental Development Regulations

371 Table 39. Facilities and Required Waivers Type of Facility New Antenna Facility Waiver? Co-Location on Existing Facility Waiver? Satellite Receive Only < 1 meter No No Satellite Antenna > 1 meter in Commercial Area No No Satellite Antenna > 1 meter in Residential Area Yes No Amateur Radio Antenna Complying with Height Limits No No Amateur Radio Antenna Exceeding Height Limits Yes No Television Antennas No No Level 1 S.F in FC, UR, WC or DR District No No Level 2 S.F in FC, UR or WC District No No Level 2 S.F in DR District Yes No Level 3 S.F in FC, UR or WC District No No Level 3 S.F in DR District Yes No Level 4 S.F in FC or UR District No No Level 4 S.F in WC or DR District Yes No Monopole Tower up to 120 in Height in FC, UR or WC District Yes No Monopole Towers In DR Districts or Over 120 in Height Yes No Note: Building permit may be required in accordance with the City s adopted building codes Placement of Antenna Facilities This section does not apply to Amateur Radio Antennas, TV Antennas, and Satellite Receive-Only Antennas. For the purpose of determining the appropriate locations for the placement of antenna facilities, the City is divided into land use threshold areas that establish different regulations pertaining to height, location, and type of Antenna Facility. These land use thresholds are defined as follows: A. Full Commercial ("FC") Property within any of the Nonresidential Zoning Districts or any nonresidentially zoned Planned Development (PD). B. Undeveloped Residential ("UR") Property within any of the Residential Zoning Districts or any residentially zoned Planned Development (PD) that: 1. Is not a part of a recorded subdivision; or 2. Is a part of a recorded subdivision but has not had a building permit issued for a residential structure; and 3. Not located within the calculated limits of the Developed Residential ("DR") threshold. Subsection Wireless Transmission Facilities Regulations 361

372 C. Wireless Corridors ("WC") Property within, and one hundred fifty (150) feet either side of, the Right-of-Way of a freeway or a major or minor Arterial Street, as indicated on the City s Thoroughfare Plan. D. Developed Residential ("DR") 1. Land within any of the Form Districts (F1, F2, F3, F3H, F4, F4H, F5, F5H), or 2. Property within any of the Residential Zoning Districts or any residentially zoned Planned Development (PD) that: Is a recorded subdivision that has had at least one building permit for a residential structure; or Is within six hundred (600) feet of areas described in a above. E. Setbacks for Antenna Facilities A communications tower shall be set back from Right-of-Ways and adjacent properties in accordance with the following minimum setback requirements. Consideration toward reducing the setback shall require specifications as to the engineered "fall" characteristics of a tower and the nature of neighboring land uses. A reduction in setbacks may be granted based upon location within the above identified threshold areas, location of nearest structure, height of the tower, height of any individual section of the tower, the height of the tower structure upon collapse. 1. For new ground-mounted tower proposal sites where the allowed zoning district is adjacent to a residentially-zoned district or residential use, such tower shall not be located closer than three hundred (300) feet from the property line of a residential use or from a residential zoning boundary and not be higher than one hundred (100) feet at that distance. For every additional foot of height proposed, the tower shall be setback an additional one (1) foot. 2. For proposals extending the height of an existing ground-mounted tower that does not require modification to the existing tower foundation, where the allowed zoning district is adjacent to a residentially-zoned district or residential use, such tower shall not be located closer than the fall zone distance, defined as the entire height of the ground-mounted tower plus an additional 30 feet, from the property line of a residential use or from a residential zoning boundary 3. Towers shall be setback a minimum of one hundred (100) feet from a public Right-of-Way classified as a major collector or of a larger classification. For a public Right-of-Way classified smaller than a major collector, the minimum setback shall be fifty (50) feet. The classification of streets, roads and highways shall be in accordance with the thoroughfare plan, as amended. F. General Design Requirements for Antenna Facilities 1. Any mast, pole, structure, tower, building, equipment, and other supporting material for Antenna Facilities shall be painted in earth tone colors. Exposed or galvanized metal shall be prohibited. 2. All ancillary structures associated with such towers or poles, including but not limited to an Equipment Storage Building or Structure Equipment Storage Building or Structure (Pertaining to Wireless Facilities), shall be designed in accordance with Subsection Zoning Development Regulations. 3. All Antenna Facilities shall be landscaped and screened in accordance with Subsection Zoning Development Regulations. 362 Section 4. Supplemental Development Regulations

373 Antenna Facility Impact Levels For the purpose of determining appropriate locations for Antenna Facilities, the City recognizes differing levels of impact for Antenna Facilities depending upon physical location and land use compatibility. These Antenna Facility impact levels are described as follows: Figure 65. Monopole Tower A. Monopole A monopole tower requires a Waiver. The antenna equipment may not extend more than five (5) feet above the highest point on the monopole. B. Level 4 Stealth Facility The antenna on a Level 4 Stealth Facility is located on an existing structure (other than a telecommunications tower) including, but not limited to, a building, water tower, utility tower, steeple, or light pole. The Antenna is neither screened nor hidden. For the purpose of this level, a pole or tower may be reconstructed to structurally hold the Antenna but the height of the structure shall not be increased. Figure 66. Level 4 Stealth Facility Subsection Wireless Transmission Facilities Regulations 363

374 C. Level 3 Stealth Facility The antenna on a Level 3 Stealth Facility is located on an existing structure (other than a telecommunications tower) including, but not limited to, a building, water tower, utility tower, steeple, or light pole. The Antenna shall be painted, constructed, or applied with material so that it is incorporated into the pattern, style, and material of the structure to effectively render the Antenna unnoticeable. A new structure may be constructed to hold or house the antenna or equipment; however, the structure must be consistent with the overall architectural features of the primary buildings. Figure 67. Level 3 Stealth Facility 364 Section 4. Supplemental Development Regulations

375 D. Level 2 Stealth Facility Figure 68. Level 2 Stealth Facility The antenna on a Level 2 Stealth Facility is attached to the structure in such a manner that if it is seen it appears unrecognizable as an antenna, and the structure in which or on which the antenna is attached is an integral part of an overall development. E. Level 1 Stealth Facility The antenna on a Level 1 Stealth Facility is attached to the structure in such a manner that the antenna is completely unseen and the structure in which or on which the antenna is attached is an integral part of an overall development. Figure 69. Level 1 Stealth Facility Subsection Wireless Transmission Facilities Regulations 365

376 Antenna Facility Siting Matrix Antenna Facilities shall be located in accordance with the following siting matrix. This matrix provides for areas where Antenna Facilities may be located as permitted uses and areas where they may be located with an Antenna Location Waiver. Table 40. Antenna Facility Siting Matrix Facility Type FC WC UR DR Monopole over 120 Waiver Waiver Waiver Waiver Monopole up to 120 Waiver Waiver Waiver Waiver Level 4 Stealth Facility Permitted Permitted Waiver Waiver Level 3 Stealth Facility Permitted Permitted Waiver Waiver Level 2 Stealth Facility Permitted Permitted Permitted Waiver Level 1 Stealth Facility Permitted Permitted Permitted Waiver 366 Section 4. Supplemental Development Regulations

377 Antenna Location Waiver A. Application In order to be considered complete for purposes of evaluation, an Application to locate Antenna Facilities or Antennas that requires an Antenna Location Waiver must follow the approval process for a Zoning Special Exception and include the following information: 1. An Antenna Location Waiver Application and appropriate fee. 2. A narrative detailing the proposed Antenna Facility. The narrative must indicate the following: Whether the proposed structure is a Co-Location, a new monopole tower or a new alternate mounting structure. The height of the proposed tower. Where site conditions permit, the Applicant shall conduct a balloon test within two (2) weeks of Application submittal. This test shall consist of raising balloons to a height equal to the proposed tower. The balloons should be of a color material that provides maximum visibility. The Applicant shall notify the Director of Planning of the time of the balloon test at least two (2) days before the test is to occur to allow staff to conduct field visits during the test. Reason the Antenna Facility is necessary at the proposed location. The name(s) of the telecommunications providers or other users of the Antenna or tower and describe the use to be made by each user; Whether the Applicant has made an effort to Co-Locate the facilities proposed for this Antenna Facility on existing Antenna Facilities in the same general area. Identify the location of these existing sites, and describe in detail these efforts and explain in detail why these existing sites were not feasible. Indicate whether the existing sites allow/promote Co-Location and, if not, describe why not. Whether Co-Location will be allowed to other telecommunications providers at the requested site. Whether camouflage technology is an appropriate option for the site. If it is an option, provide a complete description of the suggested camouflage, including style and materials to be used, a photographic depiction of the proposed facility, and a maintenance plan detailing provisions for the continued effectiveness of the suggested camouflage for the life of the facility. If it is not an option, state every reason and the basis of each reason. 3. Provide a site plan of the proposed Antenna Facility at a scale of 1 = 30. The site plan should be on a single 24 X 36 sheet and include: A survey and legal description of the proposed Antenna Facility; A detail on how access to the site is to be achieved; A plan view layout of the proposed Antenna Facility clearly showing: The location of the facility, All equipment and structures in the proposed Antenna Facility, The required off street parking space, Distances to property lines, including adjacent land uses and zoning structures Required setbacks, Subsection Wireless Transmission Facilities Regulations 367

378 Location of all buildings and structures within three hundred (300) feet, Existing structures on the site, Required landscaping or screening of the base of the tower, All recorded and proposed easements, and Natural features, such as water courses and trees. 4. Elevation drawings showing: The design and height of the proposed Antenna Facility Detailed drawings of all structures and equipment, including Photo-Simulation Screening requirements All requirements specified in Wireless Antenna Facility Special Exception Request Site Plan Check List (refer to the City s Development Process Administrative Manual) 5. If the requested location is in a Residential Zoning District, the Applicant must provide evidence that they have made an effort to locate the facility in a Nonresidential Zoning District. Identify the location of these Nonresidential Zoning District sites, describe in detail these efforts, and explain in detail why these nonresidential sites were not feasible. Attach all studies or tests performed which demonstrate why the nonresidential sites will not provide sufficient signal coverage. 6. Provide a map showing the proposed provider's current coverage area for the City. The map must show the roadway network and be labeled. The Applicant must also provide propagation analysis showing the areas the proposed provider's existing Antenna currently covers, the areas the Applicant 's existing sites and the requested site would cover. The propagation analysis must be labeled and have a legend. 7. Describe the Applicant's Master Antenna Facilities Plan for the City. Attach maps and other related documentation. Provide information indicating each phase of the plan. 8. Provide an independent engineer s certification that any proposed co-located tower will comply with ANSI and other industry safety and structural codes and standards. 9. Provide review and sign-off by Director of Planning regarding compliance with any applicable historic district provisions. 10. Provide documentation for the proposed site showing compliance with current zoning requirements and any other applicable codes for the City, as well as any applicable State laws. 11. Provide documentation of any necessary approvals from the State or other entities needed for the site. B. Consideration of Application In considering whether to grant an Antenna Location Waiver, the Board of Adjustment shall consider the following: 1. The appropriateness of the location and design of the Antenna Facility; 2. The potential for interference with the enjoyment of the use surrounding properties; 3. The proposed height of the Antenna Facility relative to surrounding structures; 4. The zoning district and the adjoining zoning districts of the property for which the Waiver is sought; 5. The recommendation of the Director of Planning; 368 Section 4. Supplemental Development Regulations

379 6. The compliance with City regulations; and 7. The availability of suitable alternative sites. Suitable alternative site(s) shall mean a location or locations that would provide the same or better signal coverage than the proposed site for which a Waiver is requested. The Applicant shall provide documentation supporting his contention that alternative site(s) are not suitable or available. C. Procedures for Consideration of Antenna Location Waiver The procedures for consideration of an Application for a Waiver requested under this section shall be in accordance with the procedures outlined in Zoning Special Exception Written Report Denial of an Application for an Antenna Location Waiver under this section must be documented in writing in accordance with the requirements of the orders of the Federal Communications Commission and the Telecommunications Act of 1996 as amended Appeals An Applicant may appeal the decision of the Board of Adjustment to the District Court by filing a written Notice of Appeal within ten (10) days following the date the City notifies the Applicant of the decision. A decision not timely appealed in accordance with this section shall be final. Subsection Wireless Transmission Facilities Regulations 369

380 Subsection Tree Preservation and Park Land Dedication Tree Preservation and Mitigation A. Purpose The purpose of this section is to conserve, protect, and enhance existing healthy and safe trees and natural landscape. B. Applicability and Exemptions 1. The provisions of this section are applicable to the following: All new residential and nonresidential development within the City limits or its ETJ. Redevelopment of any residential or nonresidential property within the City limits or its ETJ that results in an increase in the building footprint or the total destruction and reconstruction. 2. Trees located within the area of a proposed on-site sewage facility (OSSF) if authorized by the City Engineer are subject to the Tree Mitigation requirement but are exempt from the Tree Removal Permit requirement. 3. Trees located within a Right-of-Way to be dedicated to and maintained by the City are exempt from the Tree Preservation requirement. 4. Exempted Trees C. Tree Preservation A dead or diseased tree, which is deemed beyond the point of recovery and at risk of spreading the disease, as determined by a certified arborist; Trees planted and growing on the premises for sale at a nursery; or The tree species indicated in Table Protected Tree Table 41. Exempted Trees Common Name Hackberry Eastern Red Cedar Common Ashe Juniper Chinaberry Mesquite Ligustrum Scientific Name Celtis occidentalis Juniperus virginiana Juniperis ashei Melia azedarach Prosopis spp. Ligustrum spp. Trees between eight (8) and twenty (20) Caliper inches are designated as Protected Trees. Any Protected Trees not exempt from preservation in B.2 above may be removed upon approval of a Tree Removal Permit by the Director of Planning. Any decision of the Director of Planning regarding a Tree Removal Permit may be appealed to the Board of Adjustment. 2. Signature Tree Trees between twenty (20) and thirty (30) Caliper inches are designated as Signature Trees. Any Signature Trees not exempt from preservation in B.2 above may be removed upon approval of a Tree Removal Permit by the Planning and Zoning Commission. Any decision of the Planning and Zoning Commission regarding a Tree Removal Permit may be appealed to the City Council. 3. Heritage Tree Trees of thirty (30) Caliper inches or greater are designated as Heritage Trees. Any Heritage Trees not exempt from preservation in B.2 above may only be removed upon approval of a Tree Removal Permit by the City Council following a public hearing. To issue a Tree Removal Permit, the City Council must find that no other alternatives for viable site development are possible and that the 370 Section 4. Supplemental Development Regulations

381 proposed removal is the minimum necessary relief required to allow for development on the property in a reasonable manner. D. Tree Mitigation Any trees that are removed or damaged as a result of the approval of a Tree Removal Permit or under the provisions of B.2 above shall be mitigated for on the same site as the proposed development, in addition to landscape requirements. In the event that mitigation is not feasible on the same site as the proposed development, an Applicant may request to donate trees, meeting the mitigation requirements of this section, to be planted at public parks, schools, or other approved public facilities throughout the City or provide a fee in lieu of payment which will be used to place trees at public parks, schools, or other approved public facilities throughout the City. 1. Protected Trees Protected Trees shall be mitigated at a one-to-one (1:1) Caliper inch ratio for every tree removed. Replacement trees shall have a minimum Caliper of three (3) inches. 2. Signature Trees Signature Trees shall be mitigated at a three-to-one (3:1) Caliper inch ratio for every tree removed. Replacement trees shall have a minimum Caliper of three (3) inches. 3. Heritage Trees Heritage Trees shall be mitigated at a four-to-one (4:1) Caliper inch ratio for every tree removed. Replacement trees shall have a minimum Caliper of five (5) inches. 4. Fee In Lieu of Tree Mitigation The City Council may approve payment of a fee in lieu of replacement trees. The fee shall be equal to the cost of the replacement trees and shall include the installation or planting cost. The Applicant shall submit a written estimate from a nursery as verification of the cost. The fee in lieu option is available for only the following cases: i. If the proposed subdivision is heavily treed and the existing tree canopy would prohibit the growth of the replacement trees, or ii. If the required replacement trees were to be installed, then the replacement trees would be planted under the canopy of an existing tree. 5. Limitations of Species and Placement The Director of Planning is authorized to limit species and placement to protect aboveground and underground infrastructure. E. Critical Root Zone Protection 1. Each Protected Tree, Signature Tree, or Heritage Tree shall have a Critical Root Zone surrounding the tree, measured at the drip line. 2. The following activities are prohibited in the Critical Root Zone: Storage or parking vehicles, building materials, refuse, excavated spoils or dumping of poisonous or hazardous materials on or around tree and roots. Poisonous or hazardous materials include, but are not limited to, paint, petroleum products, concrete or stucco mix, dirty water or any other material which may be harmful to tree health; Subsection Tree Preservation and Park Land Dedication 371

382 The use of tree trunks as a winch support, anchorage, temporary power pole, sign posts or other similar function; Cutting of tree roots by utility trenching, foundation digging, placement of curbs and trenches and other miscellaneous excavation without prior approval of the City; Soil disturbance or grade change; Impervious paving; Vehicular traffic; and Drainage changes 3. The following restrictions apply during construction near the Critical Root Zone: All trees shall be protected by a fence, frame, or box constructed around the drip line of the preserved tree. A minimum of three (3) inches of mulch or compost shall be spread beneath the drip line of the preserved tree. No person shall excavate any ditches, tunnels or trenches, place any paving material or place any drive or parking area within the drip line of any Protected Tree, Signature Tree, or Heritage Tree without prior written approval of the Director of Planning at the time of Site Plan approval. No person shall attach any rope, wire, nails, advertising posters, or other contrivance to any Protected Tree, Signature Tree, or Heritage Tree. F. Tree Preservation Credits Protected Trees, Signature Trees, and Heritage Trees may be counted toward landscape requirements contained in Landscaping. 1. Protected Trees may be counted as one (1) Shade Tree. 2. Signature Trees may be counted as three (3) Shade Trees. 3. Heritage Trees may be counted as five (5) Shade Trees. G. Tree Removal Permit and Tree Preservation Plan 1. A Tree Removal Permit is required for the removal of any tree not exempted in B above. 2. An Application for a Tree Removal Permit shall be submitted with any Site Plan Application that proposes the removal of any trees. 3. The Application shall contain a Tree Preservation Plan showing the following: Existing/proposed topography Location of property lines, easement, rights of ways, setbacks, parking areas, and sidewalks Location, species, size (in caliper inches), and Critical Root Zone of each Protected Tree, Signature Tree, and Heritage Tree, except those trees exempted by B.4 above. A tree inventory that summarizes the following: i. Total number of Caliper inches on the site ii. Total number of Caliper inches to be removed iii. Total number of Caliper inches to be preserved 372 Section 4. Supplemental Development Regulations

383 iv. Location of any proposed tree mitigation v. Any proposed tree preservation credits vi. A summary of the tree protection methods to be utilized H. Removal of a Protected Tree, Signature Tree, or Heritage Tree without a Tree Removal Permit Any Protected Tree, Signature Tree, or Heritage Tree that is damaged or removed without a Tree Removal Permit, including those damaged during construction or within two (2) years following issuance of a Certificate of Occupancy, shall be subject to the following penalties: 1. Fine equivalent to three (3) times the cost of replacement trees, including installation or planting cost, and 2. Mitigation of the removed tree(s) in accordance with D. Tree Mitigation, and 3. Indefinite conservation of the area in which the tree was located and the tree s Critical Root Zone. I. Additional Provisions for Arbor Disease Centers If project location is within one-half (1/2) mile of a documented arbor disease center according to the Texas Forest Service, then the Director of Planning is authorized to prescribe and restrict tree species use in landscaping or mitigation. Subsection Tree Preservation and Park Land Dedication 373

384 Park Land and Trail Dedication A. Purpose The purpose of this Section is to provide for the adequate provision of park land and a connected trail network to meet the needs of a growing citizen population. These requirements may include easements, land dedication, or a fee in lieu of payment for the acquisition and development of public park land. B. Applicability 1. Park Land Dedication and Park Improvement Requirements The park land dedication and park improvement requirements of this Section shall apply to every residential subdivision developed in the City or ETJ under the provisions of this Code, with the following exceptions. Applications Filed prior to Adoption of this Code i. The park land dedication requirements and payment of fees in lieu of park land dedication requirement shall not apply to an Application for approval of a Preliminary Plat or Final Plat for a residential subdivision that was initially filed before the effective date of this Code, and which plat has not expired. ii. In such cases, other preexisting ordinances of the City pertaining to park land dedication shall nonetheless apply. iii. For all plat Applications for a residential subdivision filed after the effective date of this Code, park land dedication or improvement requirements for park facilities shall be imposed at the time of Preliminary Plat approval. iv. Requirements for park improvement fees set forth in this Section shall not apply to any Application for approval of a Preliminary Plat or Final Plat for a residential subdivision that was initially filed before the effective date of this Code, and which plat has not expired. No Increase in the Number of Dwelling Units i. Following initial imposition and satisfaction of park dedication and improvement requirements, additional requirements shall apply to revised plat Applications for residential subdivisions only if such revised or renewed Application results in an increase in the number of dwelling units. ii. In such case, park dedication requirements then in effect shall apply only to the additional dwelling units proposed in the Application. Residential Applicability i. Single family developments less than ten (10) dwelling units in size shall not be required to dedicate park land. ii. Multifamily developments less than five (5) dwelling units in size shall not be required to dedicate park land. 2. Trail Dedication and Trail Improvement Requirements Trails are considered an integral part of the City of Buda s transportation system, consistent with the City of Buda Comprehensive Plan, Parks and Trails Master Plan, and Transportation Master Plan. The trail dedication and improvement requirements of this Section shall apply to every subdivision and commercial development under the provisions of this Code, regardless of use. 374 Section 4. Supplemental Development Regulations

385 C. Submittal Requirements and Approval Process 1. General Parks or Trails Plan Prior to submittal of a Preliminary Plat, a General Parks or Trails Plan shall be submitted and shall contain, at a minimum, the following information: Location and size of any proposed parks or trails to be dedicated to the public or to be retained as private park land. A statement of the suitability of the park land or trails in meeting the criteria in E below. A general park development or trails plan including any proposed improvements. A phasing plan. 2. Detailed Parks or Trails Plan Prior to submittal of a Final Plat, a Detailed Parks or Trails Plan shall be submitted and shall contain, at a minimum, the following information: Location and size of proposed park or trails. A statement of the suitability of the park land or trails in meeting the criteria in E below. A detailed plan of any proposed improvements, including cost. A site plan meeting the requirements of Site Plans. 3. Parks and Recreation Commission Recommendation The Parks and Recreation Commission shall make recommendations based upon the Comprehensive Plan or Parks and Recreation Master Plan as adopted by the City, and the standards and provisions contained herein, to the Planning and Zoning Commission and City Council concerning the amount and location of park land and fees in lieu of park land dedication. 4. Planning and Zoning Commission Recommendation The Planning and Zoning Commission shall make recommendations based upon the Comprehensive Plan or Parks and Recreation Master Plan as adopted by the City, and the standards and provisions contained herein, to the City Council concerning the amount and location of park land and fees in lieu of park land dedication. 5. City Council Approval The City Council shall have final authority on all matters related to park dedication, park development, trail dedication, and trail development. D. Requirements for Park Land Dedication 1. The subdivision of any parcel or tract of land into a residential subdivision within the City limits or ETJ shall require the subdivider to set aside and dedicate sufficient and suitable lands for the purpose of a park or make an in lieu financial contribution for the acquisition or development of park land in accordance with the provisions of this section. No area or facility shall be dedicated for park land purposes unless approved and accepted by the City. Subject to the City Council s determination, park land should be located to serve the greatest number of homes, limit the need to cross Arterials, and provide access to trails when applicable. Subsection Tree Preservation and Park Land Dedication 375

386 All subdivisions of land subject to the requirements of this Code shall conform to the most recent edition of the Comprehensive Plan or any specific Parks and Recreation Plan adopted by the City, which may supersede the Comprehensive Plan. All subdivisions of land receiving Final Plat, or alternative form plat, approval based on this Code shall conform to the requirements of this Section. As advised by the Parks and Recreation Commission and the Planning and Zoning Commission, the City Council and subdivider may negotiate the combination of park land dedication, payment of fees in lieu of required park land, or any combination thereof, to satisfy these requirements. For the purpose of these park land dedication requirements, public park land shall be defined as Any noncommercial, not for profit area that predominately consists of open space areas designed to meet the active or passive recreational needs of the public and is owned, operated and maintained by the City. For the purpose of these park land dedication requirements, private park land shall be defined as Any tract of land owned, operated and maintained by a homeowner s association, property owner s association, developer or other private entity that provides active or passive recreation to a specific area, neighborhood or group of individuals and is not available to the general public for recreational use. 2. Formula for Calculating Area of Park Land The acreage to be donated prior to Final Plat approval by the City Council of any residential subdivision shall be pro-rated in accordance with Table 42. Park Land Dedication Requirements. 3. Fee In Lieu of Park Land Dedication The City may allow, at its option, to accept the payment of a fee in lieu of park land dedication or a combination of park land dedication and fees in lieu, in order to satisfy the requirements of this Section. Any proposed subdivision located within the ETJ shall be required to pay a fee in lieu of park land dedication. For developments within the City s ETJ, the City, at its sole discretion, may accept private park land to satisfy all or a portion of the dedication requirements. Where the fee in lieu of park land is required or acceptable to City Council as provided for in this Code, such fee shall be as shown in Table 43. Fee In Lieu Costs. The appropriate fee shall be imposed by the City at the time of approval of the Preliminary Plat and shall be paid prior to the release by the City of each Final Plat for filing in the deed records of Hays County. The City shall reserve the fees contributed in lieu of park land dedication in a separate account from the general funds of the City, along with any accrued interest, and shall proceed to complete acquisition or improvement of park land. All fees collected in lieu of park land dedication shall be expended in on a first in, first out basis. i. If any or all of the funds are not spent for such purposes within ten (10) years from the date that they are collected, the subdivider shall have the right to request repayment by 376 Section 4. Supplemental Development Regulations Table 42. Park Land Dedication Requirements Single Family, Duplex, and Multifamily Less than 10 Single Family Units; or Less than 5 Multifamily Units Table 43. Fee In Lieu Costs Single Family, Duplex, and Multifamily Less than 10 Single Family Units; or Less than 5 Multifamily Units 1 acre per 50 dwelling units None $500 per dwelling unit None

387 the City and the City shall refund the principal amount of all unexpended funds that were collected from the subdivider. 4. Park Land Dedication Credits Full Credit for Public Parks All park land and improvements thereto shall be dedicated to the public unless credit for private park land is given consistent with the criteria set forth below and approved by the City. All residents of and the City, its ETJ, and the owners of lots within the subdivision in which park land is dedicated or fees in lieu are contributed shall have the same rights and privileges to use City park land and facilities once the park land dedications are made or fees are paid to the City. Partial Credit Considered for Certain Private Parks The City may, at its sole discretion, give partial credit to the subdivider where a substantial private park and recreational area is provided in a proposed residential subdivision. Such credit shall not exceed fifty (50) percent of the total acreage requirements for park land dedication and funding requirements for park improvement as set forth in this Section. In order to allow credit for private park land, the City must find that it is in the public interest to do so and that all the following standards are met. i. That yards, court areas, setbacks, and other open areas required to be maintained by the rules and regulations of the City shall not be included in the computation of such private recreational open space; ii. That the private ownership and maintenance of the open space and facilities is adequately provided for by recorded agreement, covenants, or restrictions; iii. That the use of the private open space is restricted for park and recreation purposes by recorded covenant, which runs with the land in favor of future owners of the property and which cannot be defeated or eliminated without the written consent of the City or its successors; iv. That the proposed private open space is reasonably adaptable for use for park and recreational purposes, consistent with the park land design requirements specified in this section of the Code. Private swimming pools operated and maintained by an HOA shall not be considered as meeting the requirements of this section; v. That the facilities proposed for the private open space are in substantial accordance with the provisions of the Comprehensive Plan, Parks and Recreation Plan, and other adopted plans of the City; vi. That the private open space for which partial credit is given is a minimum of five (5) acres and provides a minimum of $30,000 per acre or portion thereof in park and recreation improvements, subject to the approval of the City, and that assurance is provided in a form acceptable to the City that the proposed dedication of land and improvements will be completed in a timely manner; and vii. That, in addition to the private park land and improvements provided, there is an amount of public open space and improvements provided or a proportional amount of fees in lieu of dedicated park land and improvements provided in compliance with the park land design requirements and improvement requirements specified in D and E below. Subsection Tree Preservation and Park Land Dedication 377

388 Partial Credit Considered for Certain Site Requirements In the case of areas that do not meet the grade, slope, or other requirements for park land dedication found in this section, but that are known to contain sensitive environmental features, the City may, at its discretion and after review by the Parks and Recreation Commission, modify these standards subject to the following limitations: i. That such areas shall provide recreational or educational opportunities for the surrounding community in lieu of park land dedication; ii. That such areas shall be given a partial credit against the requirement of land dedication or payment of fees. iii. Such credit shall not exceed fifty (50) percent of the total acreage requirements for park land dedication and funding requirements for park improvement as set forth in this Section. iv. That such areas shall meet any additional standards deemed necessary by the City Council after a recommendation by the Parks and Recreation Commission, pertaining to the dedication of land containing sensitive environmental features. The City shall have full discretion to consider, approve, or deny any request for credits as set forth in this Section. The Parks and Recreation Commission shall consider and make recommendations to the City Council on any such request. 5. Park Land Dedication Methodology For the purpose of this Chapter, the following park land dedication calculations reflect the maximum possible land dedication and fee in lieu of land dedication allowable. The City, at its option, may reduce the required land dedication and fee in lieu of payment. Current Level of Service Total Population Total Existing Park Land 5,028 (established by Ordinance No approved on August 6, 2007) 239 acres Total Persons per Acres of Park Land 21 Land Requirements Persons per Household Owner Occupied Persons per Household Renter Occupied Single Family Multifamily 2.88 (source: 2000 US Census) 2.17 (source: 2000 US Census) 21 people / 2.88 PPH = 7 Dwelling Units/Acre 1 Acre per 7 Dwelling Units* 21 people / 2.17 PPH = 10 Dwelling Units/Acre 1 Acre per 10 Dwelling Units* Fee in Lieu of Land Requirements Cost per Acre of Existing Park Land Single Family $6,173 (assumed average based on CAD appraisal) $6,173 / 7 Dwelling Units = $882 per Dwelling Unit 378 Section 4. Supplemental Development Regulations

389 Multifamily $6,173 / 10 = $617 per Dwelling Unit Park Development Costs Estimated Cost of Improvements per Acre of Developed Park land $40,000 Single Family $40,000 / 7 Dwelling Units = $5,714 Multifamily $40,000 / 10 Dwelling Units = $4,000 E. Park Land and Trail Design Requirements 1. Land Suitability Any land to be dedicated to meet the requirements of this Chapter shall be reasonably located and adaptable for use as park land or recreation facility, consistent with the most recent edition of the Comprehensive Plan or any Parks and Recreation Plan as may be adopted by the City Council. The Parks and Recreation Commission shall make recommendations to the Planning and Zoning Commission and the City Council regarding the suitability of proposed park land. The location, access, size, shape, topography, natural drainage, utilities, parking facilities, and wooded areas and other vegetative cover of the parcel or tract of land to be dedicated shall be appropriate for public parks and recreation purposes. All such park land shall be designated and located so as to satisfy the following general requirements: i. Dedication of Smaller Site Dedicated land of less than the minimum required acreage may be developed based upon the recommendation from the Parks and Recreation Commission that a smaller area is in the public interest, or that additional contiguous land will be reasonably available for dedication to or purchase by the City. Such developments may be required to contribute fees in lieu of park land or a combination of fees and park land. Wherever possible, the dedicated land should be adjoining a school site, public or nonprofit institution, church, or other community facility that enhances the open space and recreational benefit of the park land. ii. Street Frontage Unless specifically exempted elsewhere in this section, access to park land designated on a subdivision plat shall be provided by the dedication of at least 200 feet of street frontage, in a manner satisfactory to the City, preferably a 200 foot by 200 foot corner site at the intersection of two streets. When the land abutting the designated park land is developed, the subdivider of such abutting land shall furnish and pay for all paving of all abutting street frontage and shall provide water and sewer access to the boundary of one side of the delineated park land area to meet minimum requirements of these regulations. No linear parking will be allowed on such frontage. iii. Site Criteria The land to be dedicated to meet the requirements of these regulations shall be suitable for public parks and recreation activities. Requirements include but are not limited to: (a) Grade/Slope Required Subsection Tree Preservation and Park Land Dedication 379

390 At least fifty (50) percent of the dedicated land shall not exceed five (5) percent grade; (b) Utilities Required Minimum service connections of two (2) inch water line and six (6) inch gravity sewer line or two (2) inch pressurized sewer line and electricity line shall be provided and located along at least one property line of the dedicated land; (c) Permanent Property Boundary Markers/Monuments Required Above-ground, grade level survey markers are required to be permanently installed on all property lines of the dedicated land, in accordance with the requirements of the City. iv. Restoration of Park Land Any disturbed park land shall be restored and the soil stabilized by a vegetative cover by the subdivider using approved xeriscape species. v. Floodplain Areas located within the 100-year floodplain of the main channels of Onion Creek or Garlic Creek may be dedicated in fulfillment of the dedication requirements, subject to approval by the City Council. Said dedication will include, at a minimum, a strip one-hundred (100) feet wide on Garlic Creek and three-hundred (300) feet wide on Onion Creek on both sides measured from the center of the creek channel. The Onion Creek dedication may be reduced to 150 feet upon City Council approval. vi. Parking Where the City determines that parking is necessary to provide for access and ease of use to dedicated park land, the amount of parking shall be provided in a manner determined by the Director of Planning. Hazardous Substances i. Prior to dedication of park land, the subdivider shall make full disclosure of the presence of any hazardous substances or Underground Storage Tank (U.S.T.s) of which the subdivider has knowledge. ii. The City, at its discretion, may proceed to conduct such initial environmental tests and surveys on the land as it may deem appropriate, and the subdivider shall grant to the City and its agents and employees such reasonable access to the land as is necessary to conduct such surveys and tests. iii. If the results of such surveys and tests indicate a reasonable possibility of environmental contamination or the presence of U.S.T.s, the City may require further survey and tests to be performed at the subdivider s expense as the City may deem necessary prior to its acceptance of the dedication, or in the alternative, the subdivider may be required to identify alternative property or pay the fees in lieu of such park land dedication. The owner continues as the responsible party until remediated and accepted. Site Condition i. The park site shall be free of trash and debris. ii. If the condition of the dedicated park land is disturbed during construction of subdivision improvements then the subdivider shall be responsible for returning the dedicated land to its previous condition prior to or at the time of final plat filing. 380 Section 4. Supplemental Development Regulations

391 iii. The public improvements to be constructed per the applicable subdivision plat will not be accepted by the City until such time that the above conditions have been met. 2. Greenbelts and Pedestrian Paths In cases where greenbelts and other recreational walkways or bikeways front on public roads in the interior of residential subdivisions, the minimum street frontage indicated in Table 44. Greenbelt Frontage Requirements shall be provided. Greenbelts fronting on public roads in nonresidential subdivisions or developments will be required to provide a minimum street frontage of fifty (50) feet. Greenbelt widths, Right-of-Way, and construction shall be in conformance with the requirements of this section and other sections of the UDC, as they may apply. Table 44. Greenbelt Frontage Requirements Figure 70. Example of a Greenbelt Path Road Type Minimum Frontage Required (feet) Arterial 50 Collector 40 Local 30 Cul-de-sac Trails Sufficient land shall be dedicated and trails constructed to conform to the City of Buda Parks & Trails Master Plan, including construction of any trails specifically identified in the Parks & Trails Master Plan, as follows: Extensions of the trail network, other than as shown in the Parks and Trails Master Plan shall be included in the calculation of the amount of dedicated park and recreational area. Trail Standards All trails shall conform to the following standards: i. General Unless specified otherwise, all trails shall be constructed to City specifications and shall conform to the requirements of the Americans with Disabilities Act, as may be amended. Specifications for trail surfaces, bollards, and signs shall be provided by the City. ii. Multipurpose Trails A multipurpose trail is a trail alignment specifically identified in the Parks and Trails Master Plan. Trails designated as multipurpose trails in the Parks and Trails Master Plan shall be a minimum of eight (8) feet in width. iii. Auxiliary Trails An auxiliary trail is a trail/walkway located within an open space area that is not linked to a multipurpose trail. Auxiliary trails shall be a minimum of six (6) feet in width. Subsection Tree Preservation and Park Land Dedication 381

392 F. Park Improvements iv. Access Walkways An access walkway is any trail/walkway that links to a multipurpose trail. All access walkways shall be a minimum of six (6) feet in width. v. Trail Rights of Way or Easements Trails shall be placed in a right of way or pedestrian access easement. Pedestrian access easements shall be a minimum of twelve (12) feet in width. This may be a shared easement with public utilities as approved by the City Engineer. 1. Installed Improvements The subdivider shall improve all dedicated public park land with improvements approved by the City, prorated for an amount equal to at least $40,000 per acre. Design, specification, and construction of the improvements shall be subject to review and approval by the City. Construction of the improvements must be completed within three (3) years of the City s approval of the first final plat of the subdivision. Surety for construction of improvements shall be provided in the same manner as required of other subdivision- and site-related construction, as specified in Timing of Public Improvement. 2. Funds in Lieu of Improvements In lieu of constructing the improvements, the subdivider may elect to contribute the required amount of funds in lieu of construction to the City to meet the City s current or future recreational needs. The City shall reserve the fees contributed in lieu of park improvements in a separate account from the general funds of the City, along with any accrued interest, and shall proceed to complete acquisition or improvement of park land. All fees collected in lieu of park development shall be expended in on a first in, first out basis. If any or all of the funds are not spent for such purposes within ten (10) years from the date that they are collected, the subdivider shall have the right to request repayment by the City and the City shall refund the principal amount of all unexpended funds that were collected from the subdivider. If the subdivider pays fees in lieu of park land dedication in accordance with D.3 above, then the subdivider shall pay to the City a prorated improvements fee of $40,000 per acre of park land that is required to be dedicated, in addition to the fees paid in lieu of dedication. G. Updating of Fees and Requirements 1. The standard fees for contributions in lieu of park land dedication and minimum costs for improvements to park land as specified in this Section may be updated from time to time on the basis of current development costs. The Parks and Recreation Commission shall consider and make periodic recommendations to the City Council on such fees and costs. 2. The Parks and Recreation Commission shall consider and make periodic recommendations to the City Council on design standards and other provisions of this Section. 3. All such recommendations should be compiled and included within a Parks and Recreation Plan for the City, subject to final review adoption by the City Council. 382 Section 4. Supplemental Development Regulations

393 Subsection Environmental Protection and Water Quality Regulations Purpose A. The purpose of this section is to set forth requirements for the protection of environmental resources within the City and its ETJ. This section includes policies and measures for: 1. Promotion of water conservation practices 2. Parks and open space planning 3. Stormwater quality management B. Design and construction of water quality measures, water conservation approaches, and parks and open space facilities shall be consistent with the policies and guidelines established in the most recent versions of the Comprehensive Plan, the Buda Utility Plan, and guidelines provided by TCEQ related to the Edwards Aquifer recharge or contribution zone. C. The model for this Subsection Environmental Protection and Water Quality Regulations was developed in coordination with the U.S. Fish and Wildlife Service; therefore persons who develop property in compliance with this subsection may forgo the need for a consultation with the U.S. Fish and Wildlife Service regarding water quality for protection of the Barton Springs Salamander. Any revisions to or variances from the regulations below would require additional review by the U.S. Fish and Wildlife Service Adoption of Water Quality Measures The adoption of this section is not intended to preclude the adoption, at any time, by a majority vote of the City Council, of stricter water quality requirements upon development in the Barton Springs segment of the Edwards Aquifer Recharge or Contributing Zones or of further measures to restore and protect water quality Applicability A. All development within the City and its ETJ that are located within the Barton Springs/Edwards Aquifer recharge or contributing zones shall comply with Water Quality Protection inside of the Barton Springs/Edwards Aquifer Zone. B. All development within the City and its ETJ that are not located within the Barton Springs/Edwards Aquifer recharge or contributing zones shall comply with Water Quality Protection outside of the Barton Springs/Edwards Aquifer Zone. C. Exemptions 1. These requirements are not applicable for the following: Developments not located in the Barton Springs/Edwards Aquifer recharge or contributing zone with a total estimated impervious cover of twenty-five (25) percent or less; Nonresidential developments with a total impervious cover area of five thousand (5,000) square feet or less; Developments involving construction of less than three (3) single family residential structures or less than two (2) duplex residential structures. 2. The City shall review and approve estimates of impervious cover percentage prior to determining the applicability of this Section to a proposed development. Subsection Environmental Protection and Water Quality Regulations 383

394 D. Water conservation requirements are applicable in all portions of the City and its ETJ. Parks and open space requirements are applicable in all portions of the City and its ETJ. Drainage criteria and requirements have many implications for environmental protection. See Drainage and Storm Water for drainage related requirements Water Quality Protection inside of the Barton Springs/Edwards Aquifer Zone A. Recharge Zone Impervious Cover Limitations and Pollution Prevention Requirements 1. In the Barton Springs Segment of the Edwards Aquifer Recharge Zone (hereafter referred to as Recharge Zone) no development nor any revision, extension, or amendment thereof, may be approved unless it is designed, carried out, and maintained on a site-by-site basis to meet the water quality requirements set forth below for the life of the project. Official maps locating areas within the Recharge Zone are available at City Hall. 2. The impervious cover limits shall be calculated on a net site area basis. In order to prevent pollution, impervious cover for all such development shall be limited to a maximum of 15 percent in the Recharge Zone. 3. Runoff from such development shall be managed through water quality controls (best management practices) and on-site pollution prevention with the goal that no increases occur in the respective average annual loadings of total suspended solids, total phosphorus, total nitrogen, chemical oxygen demand, and oil and grease from the site. B. Waterways This section classifies significant waterways according to drainage area. 1. A sub-minor waterway has a drainage area of at least 5 acres and not more than 64 acres; 2. A minor waterway has a drainage area of at least 64 acres and not more than 320 acres; 3. An intermediate waterway has a drainage area of more than 320 acres and not more than 640 acres; and 4. A major waterway has a drainage area of more than 640 acres. Table 45. Generalized Summary of Waterway Classifications, CWQZ, and WQTZ Inside Aquifer Critical Water Quality Zone (measured from centerline; doesn t extend beyond bluff crest) Water Quality Transition Zone (measured from edge of Critical Water Quality Zone) Sub-Minor Waterway (5-64 acres) Minor Waterway ( acres) Intermediate Waterway ( acres) Major Waterway (640+ acres) Permitted Uses feet None feet 100 feet feet 200 feet feet 300 feet Generally only fences, parks, trails, utility lines, street crossings Critical Environmental Features (wetlands, bluffs, sinkholes, springs) Res lot <1.62 acres cannot include or be within 50 of CEF 150 or up to 300 buffer from point recharge feature - natural vegetation, no construction, no wastewater/irrigation 384 Section 4. Supplemental Development Regulations

395 C. Critical Water Quality Zones A critical water quality zone is established along each waterway defined under B Waterways. 1. The boundaries of a critical water quality zone coincide with the boundaries of the 100 year flood plain as delineated by the Federal Emergency Management Agency (FEMA), except: For a sub-minor waterway, the outer boundaries of the critical water quality zone are located not less than 25 feet and not more than 50 feet from the centerline of the waterway; For a minor waterway, the outer boundaries of the critical water quality zone are located not less than 50 feet and not more than 100 feet from the centerline of the waterway; For an intermediate waterway, the outer boundaries of the critical water quality zone are located not less than 100 feet and not more than 200 feet from the centerline of the waterway; For a major waterway, the outer boundaries of the critical water quality zone are located not less than 200 feet and not more than 400 feet from the centerline of the waterway; and 2. Notwithstanding the provisions of 1.a through 1.d above, a critical water quality zone does not extend beyond the crest of a bluff. D. Critical Water Quality Zone Development The following types of development are permitted in the Critical Water Quality Zone: 1. A fence that does not obstruct flood flows. 2. Public or private parks, playing fields, or open spaces, other than a parking lot, are permitted if the City approves a program of fertilizer, pesticide, and herbicide use. Park development is limited to hiking, jogging, or walking trails and outdoor facilities, and excludes stables and corrals for animals. 3. A pedestrian bridge, or bicycle or golf cart path. 4. A utility line may cross a critical water quality zone with approval from the City. 5. Street crossings are permitted as follows: A major water way critical water quality zone may be crossed by an Arterial Street. An intermediate waterway critical water quality zone may be crossed by a Collector Street, except: i. A Collector Street crossing must be at least one mile from a Collector Street or Arterial Street crossing on the same waterway. A minor waterway critical water quality zone may be crossed by Arterial Streets and Collector Streets, except: i. A Collector Street crossing must be at least 2,000 feet from a Collector Street or Arterial Street crossing on the same waterway. A Local Street may cross any critical water quality zone if necessary to provide access to property that cannot otherwise be safely accessed. E. Water Quality Transition Zones 1. A water quality transition zone is established adjacent and parallel to the outer boundary of each critical water quality zone. 2. The width of a water quality transition zone is: Subsection Environmental Protection and Water Quality Regulations 385

396 For a minor waterway, 100 feet; For an intermediate waterway, 200 feet; and For a major waterway, 300 feet. F. Water Quality Transition Zone Development 1. Development is prohibited in a water quality transition zone, except for development described in D Critical Water Quality Zone Development. 2. Water quality controls for development in an uplands zone or water quality transition zone may be located in a water quality transition zone. 3. A utility line may be located within a water quality transition zone. G. Critical Environmental Features 1. Drainage patterns for proposed development must be designed to protect critical environmental features from the effects of runoff from developed areas, and to maintain the catchment areas of recharge features in a natural state. Special controls must be used where necessary to avoid the effects of erosion, or sedimentation, or high rates of flow. 2. Within a platted subdivision, a residential lot less than 1.62 acres may not include a critical environmental feature or be located within 50 feet of a critical environmental feature. 3. This subsection mandates the requirements for critical environmental feature buffer zones. A buffer zone is established around each critical environmental feature described in this subchapter. i. Except as provided in ii below, the width of the buffer zone is 150 feet from the edge of the critical environmental feature. ii. For a point recharge feature, the buffer zone coincides with the topographically defined catchment basin, except that the width of the buffer zone from the edge of the critical environmental feature is: (a) Not less than 150 feet; and (b) Not more than 300 feet. Within a buffer zone described in this subsection: i. The natural vegetative cover must be retained to the maximum extent practicable; ii. Construction is prohibited; unless it is specifically designed to improve recharge or protect the feature; and iii. Wastewater disposal or irrigation is prohibited. If located at least 50 feet from the edge of the critical environmental feature, the prohibition of a.ii above does not apply to: i. A yard or hiking trail; or ii. A recharge basin approved under H Water Quality Control Standards that discharges to a point recharge feature. H. Water Quality Control Standards 1. A water quality control must be designed in accordance with the Engineering Criteria Manual, a copy of which is kept for reference at the City office, or any other method approved by the City (see I Innovative Management Practices). 386 Section 4. Supplemental Development Regulations

397 The control must provide at least the treatment level to ensure that no increases occur in the respective average annual loadings as described in A Recharge Zone Impervious Cover Limitations and Pollution Prevention Requirements. Approval by the City is required for a proposed water quality control that is not described in the Engineering Criteria Manual. The Applicant must substantiate the pollutant removal efficiency of the proposed control with published literature or a verifiable engineering study. Water quality controls must be placed in sequence if necessary to remove the required amount of pollutant. The sequence of controls must be: i. Based on the Engineering Criteria Manual or generally accepted engineering principles; and ii. Designed to minimize maintenance requirements. An impervious liner is required. If controls are located in series, liners are not required for the second or later in the series following sedimentation, extended detention, or sedimentation/filtration. 2. A water quality control must capture, isolate, and treat the water draining to the control from the contributing area. The minimum required capture volume is: The first one-half inch of runoff, or the 2-year storm runoff volume, whichever is greater; and 3. The location of a water quality control: Must avoid recharge features to the greatest extent possible; Must be shown on the slope map, preliminary plan, site plan, or subdivision construction plan, as applicable; and May not be in located in a buffer zone of a critical environmental feature, unless the control is located to maximize overland flow and recharge in the undisturbed remainder of the buffer zone. I. Innovative Management Practices 1. An innovative runoff management practice is a practice that is designed to address the requirements of H Water Quality Control Standards, enhance the recharge of groundwater and the discharge of springs, and maintain the function of critical environmental features. The City encourages the use of innovative management practices. 2. An innovative management practice proposal must be reviewed and approved by the City. Review and approval is based on: Technical merit; Compliance with the requirements for water quality protection and improvement; Resource protection and improvement; Advantages over standard practices; and Anticipated maintenance requirements J. Water Quality Control Maintenance and Inspection 1. For a commercial or multifamily development, the owner will maintain a required water quality control in accordance with the maintenance standards in the Engineering Criteria Manual. Documentation will be provided by the owner of the facility that ensures that sufficient annual Subsection Environmental Protection and Water Quality Regulations 387

398 funding exists to properly maintain any water quality controls. The City or its designated representative shall inspect each water quality control at least once a year. If noncompliance is found during an inspection, the City will request in writing that the property owner comply. This notice will describe the measures to be taken. If, within 30 days of notice, the maintenance required is not accomplished, the City may impose fines as established in this ordinance, or bring action in a court of competent jurisdiction to require the property owner to accomplish necessary maintenance. Necessary maintenance is that maintenance needed to bring the facility or improvement into compliance with this chapter or other ordinances, laws or regulations. The City hereby declares that any failure to maintain a water quality control in accordance with City standards is a public nuisance subject to all remedies, legal and equitable, to abate that nuisance. 2. For a single family or duplex residential development, the City will maintain a required water quality control if the water quality control has been accepted by the City. For a water quality control to be accepted by the City, it must meet the requirements of H above. 3. The water quality control shall be designed to minimize maintenance requirements. 4. The subdivider/developer and City shall provide for an extended inspection and maintenance program of all water quality controls as follows: For a commercial or multifamily development, the owner will maintain a required water quality control in accordance with the maintenance standards in the Engineering Criteria Manual. Documentation will be provided by the owner of the facility to ensure that sufficient annual funding exists to properly maintain any water quality controls. The City or its designated representative shall inspect each water quality control at least once in the first year following approval of completion of construction and at least once every three (3) years thereafter. If noncompliance is found during an inspection, the City will request in writing that the property owner comply. This notice will describe the measures to be taken. If, within thirty (30) days of notice, the maintenance required is not accomplished, the City may impose fines or assessments as established in Violations and Fines, or bring action in a court of competent jurisdiction as provided in Q Civil Remedy to require the property owner to accomplish necessary maintenance. Necessary maintenance is that maintenance needed to bring the facility or improvement into compliance with this chapter or technical manuals referenced herein or other ordinances, laws or regulations. For a single family or duplex residential development, the City will maintain a required water quality control if the water quality control has been accepted by the City. The subdivider/developer shall make an estimation of the cost to conduct periodic inspections and maintenance of water quality controls, including one (1) year after the City s acceptance of completion of construction and every three (3) years thereafter for a total period of at least sixteen (16) years. The City shall have authority to review and approve the estimated costs. The subdivider/developer shall make a contribution for the full estimated cost of inspection and maintenance to the City prior to the City s approval of a final plat or issuance of a site plan. 5. The City hereby declares that any failure to maintain a water quality control in accordance with City standards is a public nuisance subject to all remedies, legal and equitable, to abate that nuisance. K. Additional Erosion and Sedimentation Control Requirements in the Recharge Zone This section provides additional erosion and sedimentation control requirements for development in the Recharge Zone. 388 Section 4. Supplemental Development Regulations

399 1. A temporary erosion and sedimentation control plan and a water quality plan certified by a registered professional engineer and approved by the City is required for each new development project. The plans must describe the temporary structural controls, site management practices, or other approved methods that will be used to control off-site sedimentation until permanent revegetation is certified to be complete. The temporary erosion control plan must be phased to be effective at all stages of construction. Each temporary erosion control method must be adjusted, maintained, and repaired as necessary. 2. The City may require a modification of the temporary erosion control plan after determining that the plan does not adequately control off-site sedimentation from the development. Approval by the City and the engineer who certified the plan is required for a major modification of the plan. 3. The owner shall designate a project manager who is responsible for compliance with the erosion and sedimentation control and water quality plan requirements during development. 4. The length of time between clearing and final revegetation of development may not exceed 18 months, unless extended by the City Council. 5. If an Applicant does not comply with the deadline in 4 above, or does not adequately maintain the temporary erosion and sedimentation controls, the City shall notify the Applicant in writing that the City will repair the controls or revegetate the disturbed area at the Applicant's expense unless the work is completed or revegetation is begun not later than the 15 th day after the date of the notice. 6. A person commits an offense, punishable under Violations and Fines, if the person allows sediment from a construction site to enter a waterway by failing to maintain erosion controls or failing to follow the approved sequence of construction. L. Stop Work Order 1. If the City or its designated representative determines that a person has not complied with a requirement of this code, the City may order the person to stop the development of or transportation of construction material to the site until the person complies with the requirements of this ordinance. 2. While a stop work order is in effect: A City inspection may not be performed, and work requiring an inspection may not be approved; and A person may not connect any City owned utility at the site. 3. If a stop work order is based on a failed inspection, a person may not further develop the site until the development passes a reinspection. 4. A City employee shall post a stop work order on the site and mail a copy of the order to the record owner. M. Appeal of a Stop Work Order 1. A person may appeal a stop work order issued under this ordinance by giving written notice to the Director of Planning not later than the third day after the stop work order is posted. 2. The notice of appeal must contain: The name and address of the appellant; A statement of facts; Subsection Environmental Protection and Water Quality Regulations 389

400 The decision being appealed; and The reasons the decision should be set aside. 3. The City Council shall hear the appeal not later than the next regularly scheduled council meeting after the appeal is filed. The appellant, the appellant's expert, and representatives of the City may offer testimony to the City Council. 4. A stop work order, remains in effect during the pendency of an appeal under this section. N. Transfer of Development Intensity 1. On-site development intensity may be increased if additional land, conservation easement, or development rights are acquired off-site. Development should not exceed a maximum of 30% onsite impervious cover of the upland zone when sufficient off site land is provided. Off-site mitigation land used for transfer of intensity must be located in the same watershed and aquifer zone as the development. Off-site mitigation land being used to offset higher development on a project will not include areas that would be part of a Critical Water Quality Zone, or Critical Environmental Feature buffer. Off-site mitigation land will be maintained in a low impervious cover condition (2 percent or less) in perpetuity. Conservation easements or deed restrictions will be used to ensure permanent protection. Off-site mitigation lands shall also have provisions made for appropriate long term management, which could include a property owner, home-owners association, river authority, county, land trust, or the City. Off-site land shall be in large (25 acres or larger) contiguous areas and used to augment existing conservation efforts, to the greatest extent practical. Golf course areas receiving fertilizer, pesticide, and herbicide applications will be excluded from the upland area calculation and will not be used to calculate allowable impervious cover. The off-site acreage may also be reduced when additional land within the Recharge Zone can be preserved. This consideration will be made on a case-by-case basis by the City Council. O. Waiver of Water Quality Regulations 1. The City Council may grant a waiver from the terms of this section only if an Applicant requests in writing and the City Council finds that, because of special circumstances applicable to the property involved, a strict application deprives the property of privileges or safety enjoyed by other similarly situated property with similarly timed development. Where these conditions are found, the waiver permitted shall be the minimum departure from the terms of this article necessary to avoid deprivation of privileges enjoyed by other property and to facilitate a reasonable use and which will not create significant probabilities of harmful environmental consequences. 2. The City Council may not grant a waiver if it would provide the Applicant with any special privileges not enjoyed by other similarly situated properties with similarly timed development or if based on a special or unique condition which was created as a result of the method by which a person voluntarily subdivides land after the effective date of the ordinance from which this article derives. 3. Following recommendations from the City Engineer, Director of Planning, and the Planning and Zoning Commission, the City Council shall prepare written findings of fact justifying its grant or denial of a waiver under this section. 390 Section 4. Supplemental Development Regulations

401 P. Application to Existing Tracts and Platted Lots 1. These regulations do not apply to development on a single platted lot or a single tract of land that is not required to be platted before development if the lot or tract existed on and the development is either: Q. Civil Remedy Construction, renovation, additions to, repair, or development of a single family, single family attached, or a duplex structure used exclusively for residential purposes, and construction of improvements incidental to that residential use; or There will be no more than 8,000 square feet of impervious cover, provided that the total impervious cover on the tract is less than 20% of the net site area. In the event any provision of these regulations is violated within the limits of the City, or outside the corporate lines but within the area of its extraterritorial jurisdiction, the City may institute any appropriate action or proceedings in district court or another court of competent jurisdiction to restrain and enjoin the violation of this ordinance. R. Conflict with Other Laws and Ordinances 1. These regulations are not intended to conflict with the United States Constitution or the Texas Constitution or to be inconsistent with federal or state statutes that may preempt a municipal ordinance. 2. The terms of these regulations shall be applied consistently and uniformly. If a three-quarters majority of the City Council concludes, or a court of competent jurisdiction renders a final judgment concluding that this ordinance, as applied to a specific development project or proposal violates a law described in 1 above, the City Council may, after a public hearing, adjust the application of this ordinance to that project to the minimum extent required to comply with the conflicting law. Any adjustment shall be structured to provide the maximum protection of water quality. 3. These regulations are intended to be cumulative of other City ordinances. In case of irreconcilable conflict in the application to a specific development proposal between a provision of this ordinance and any other ordinance, the provision that provides stronger water quality controls on development shall govern. Subsection Environmental Protection and Water Quality Regulations 391

402 Water Quality Protection outside of the Barton Springs/Edwards Aquifer Zone A. Standards for Development outside the Edwards Aquifer Recharge Zone Residential and nonresidential development projects in the City and extraterritorial jurisdiction and outside of the Edwards Aquifer Recharge Zone shall comply with Water Quality Protection inside of the Barton Springs/Edwards Aquifer Zone, with the following modifications: 1. The requirements of A Recharge Zone Impervious Cover Limitations and Pollution Prevention Requirements through G Critical Environmental Features are not applicable outside of the Edwards Aquifer Recharge Zone. 2. Section H Water Quality Control Standards is modified to read as follows: A water quality control must be designed in accordance with the most recently adopted version of the Engineering Criteria Manual, or LCRA s Non-Point Source Pollution Control Technical Manual (both are kept for reference at City Hall), or any other innovative management practice approved by the City Engineer. A water quality control must isolate and treat the water draining to the control from the contributing area and result in a 75% reduction in total suspended solids and total phosphorous resulting from the development activity. The required pollutant reduction level is applied only to the incremental increase in pollutant load caused by development. If a sand filtration system is required, the minimum required capture volume is the first one-half inch of runoff, or the 2- year storm runoff volume, whichever is greater. Water quality controls must be situated to receive and treat all runoff from impervious surfaces in the development. Where this is not practicable, supporting documentation must be provided to demonstrate attainment of the necessary water quality treatment level. The location of a water quality control must be shown on the slope map, preliminary plan, site plan, or subdivision construction plan, as applicable; and may not be in located in a twenty-five (25) year floodplain. 3. If the developer is proposing an innovative management practice, the Applicant must substantiate the pollutant removal efficiency of the proposed control with refereed professional journals or a verifiable engineering study. 4. Section I Innovative Management Practices is modified to read as follows: An innovative runoff management practice is a practice that is designed to address the requirements of section H Water Quality Control Standards in a fashion that is different from or complementary to the standards contained in the above-referenced sections. The City encourages the use of innovative management practices. An innovative management practice proposal must be reviewed and approved by the City. Review and approval is based on: i. Technical merit; ii. Compliance with the requirements for water quality protection and improvement; iii. Resource protection and improvement, iv. Advantages over standard practices; and v. Anticipated maintenance requirements 392 Section 4. Supplemental Development Regulations

403 5. Maintenance Section J Water Quality Control Maintenance and Inspection shall apply. 6. Prior to the approval by the City of Buda of a permit, final plat, site development plan, or building permit, the developer or Applicant shall provide the City with complete copies of all plans and documents pertaining to the Barton Springs/Edwards Aquifer which are relevant to the proposed project. These plans and documents shall include, but are not limited to, the following: Edwards Aquifer Protection Plans Contributing Zone Plans Storm Water Pollution Prevention Plans Water Pollution Abatement Plans Organized Sewage Collection System Plans Underground Storage Tank Facility Plans Aboveground Storage Tank Facility Plans B. On-Site Wastewater Permit Prior to the approval of a final plat, the developer or Applicant shall provide the City with complete copies of all applicable permit Applications, plans and documents pertaining to the On-Site Wastewater Permit as required by the County Water Conservation Education A. Publications 1. Homebuilders in new subdivisions shall provide information to owners of all new dwellings regarding the design, installation, and maintenance of water efficient landscapes. This information may be obtained from the Barton Springs/Edwards Aquifer Conservation District (BSEACD). However, builders may obtain this information from other sources as long as the information is similar in context and breadth to that of the BSEACD. The information packet will be submitted to the City for approval with the plat Application, or in any case prior to final plat approval. Any charge for such publications shall be incurred by the homebuilder. 2. The City shall provide information about the use of water efficient landscapes and irrigation practices to water users throughout the community. B. Model Homes If there are one or more model homes in a new subdivision, at least one such model home shall be landscaped and shall demonstrate the principles of water efficient landscaping via signs and posted information. Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrazones, irrigation equipment and other approaches which contribute to overall water efficiency. Subsection Environmental Protection and Water Quality Regulations 393

404 Subsection Flood Damage Prevention Regulations Generally A. Statutory Authorization 1. The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section , delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. 2. The City of Buda has been an active participant community in the National Flood Insurance Program since June 28, B. Findings of Fact 1. The flood hazard areas of Buda are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. 2. These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. C. Statement of Purpose It is the purpose of these regulations to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of public money for costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; 6. Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and, 7. Ensure that potential buyers are notified that property is in a flood area. D. Methods of Reducing Flood Losses In order to accomplish its purposes, these regulations use the following methods: 1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; 2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; 4. Control filling, grading, dredging and other development which may increase flood damage; 394 Section 4. Supplemental Development Regulations

405 5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. E. Certificate of Adoption It is hereby found and declared by the City of Buda, that severe flooding has occurred in the past within its jurisdiction and will certainly occur within the future; that flooding is likely to result in infliction of serious personal injury or death, and is likely to result in substantial injury or destruction of property within its jurisdiction; in order to effectively comply with minimum standards for coverage under the National Flood Insurance Program; and in order to effectively remedy the situation described herein, it is necessary that this ordinance become effective immediately General Provisions A. Lands to Which These Regulations Apply These regulations shall apply to all areas of special flood hazard within the jurisdiction of the City of Buda. B. Basis for Establishing the Areas of Special Flood Hazard The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, The Flood Insurance Study, Hays County, Texas dated September 2, 2005, with accompanying Flood Insurance Rate Maps and/or Flood Boundary- Floodway Maps (FIRM and/or FBFM) dated September 2, 2005, and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. C. Establishment of Floodplain Development Permit A Floodplain Development Permit shall be required to ensure conformance with the provisions of this ordinance. The City shall charge a fee for the issuance of the permit, which shall be set from time to time by the City Council. The fee shall be payable at the time the Application is submitted. D. Compliance No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this section and other applicable regulations. E. Abrogation and Greater Restrictions This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. F. Interpretation In the interpretation and Application of these regulations, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under State statutes. G. Warning and Disclaimer or Liability The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Subsection Flood Damage Prevention Regulations 395

406 ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. 396 Section 4. Supplemental Development Regulations

407 Administration A. Floodplain Administrator The City Engineer is hereby appointed the Floodplain Administrator to administer and implement the provisions of this section and other appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations) pertaining to floodplain management. B. Duties and Responsibilities of the Floodplain Administrator Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: 1. Maintain and hold open for public inspection all records pertaining to the provisions of this section, including all permit Applications and the action taken thereon under C Permit Procedures. 2. Review permit Application to determine whether the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding. 3. Review, approve or deny all Applications for development permits required by adoption of these regulations. 4. Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. 5. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation. 6. Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Commission on Environmental Quality, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. 7. Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. 8. When Base Flood Elevation data has not been provided in accordance with B Basis for Establishing the Areas of Special Flood Hazard, the Floodplain Administrator shall obtain, review and reasonably utilize any Base Flood Elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Provisions for Flood Hazard Reduction. 9. When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. 10. Under the provisions of 44 CFR Chapter 1, Section regulations regarding Revision to the FIRM of the National Flood Insurance Program, a community may approve certain development in Zones A1-30, AE, AH, on the City's FIRM which increases the water surface elevation of the base flood by more than 1 foot, provided that the City first completes all of the provisions required by Section regulations regarding Revision to the FIRM. Subsection Flood Damage Prevention Regulations 397

408 C. Permit Procedures 1. Application for a Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: Elevation (in relation to Mean Sea Level), of the lowest floor (including basement) of all new and substantially improved structures; Elevation in relation to Mean Sea Level to which any nonresidential structure shall be floodproofed; A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of B Specific Standards; Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development; Maintain a record of all such information in accordance with B.1 above; 2. Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the provisions of this section and the following relevant factors: D. Waiver Procedures The danger to life and property due to flooding or erosion damage; The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; The danger that materials may be swept onto other lands to the injury of others; The compatibility of the proposed use with existing and anticipated development; The safety of access to the property in times of flood for ordinary and emergency vehicles; The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; The necessity to the facility of a waterfront location, where applicable; The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and The relationship of the proposed use to the comprehensive plan for that area. Technical review of a permit Application for sound engineering practices may be performed by either the City Engineer or by an appointed Professional Engineer. 1. Following recommendations from the City Engineer, Director of Planning, and Planning and Zoning Commission, the City Council shall hear and render judgment on requests for waivers from the requirements of this section. 398 Section 4. Supplemental Development Regulations

409 2. The City Council shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this section. 3. Any person or persons aggrieved by the decision of the City Council may appeal such decision in the courts of competent jurisdiction. 4. The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report waivers to the Federal Emergency Management Agency upon request. 5. Waivers may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. 6. Waivers may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in C.2 above have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the waiver increases. 7. Upon consideration of the factors noted above and the intent of these regulations, the City Council may attach such conditions to the granting of waivers as it deems necessary to further the purpose and objectives of this section ( C Statement of Purpose). 8. Waivers shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. 9. Waivers may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the waiver is the minimum necessary to preserve the historic character and design of the structure. 10. Prerequisites for granting waivers: Waivers shall only be issued upon a determination that the waiver is the minimum necessary, considering the flood hazard, to afford relief. Waivers shall only be issued upon: i. Showing a good and sufficient cause; ii. A determination that failure to grant the waiver would result in exceptional hardship to the Applicant, and iii. A determination that the granting of a waiver will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. Any Application to which a waiver is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the Base Flood Elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. Waivers may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: i. The criteria outlined in 1 through 9 above are met, and Subsection Flood Damage Prevention Regulations 399

410 ii. The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety Provisions for Flood Hazard Reduction A. General Standards In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: 1. If a structure is damaged or destroyed to an extent less than 50 percent of the market value of the structure before the damage occurred, restoration shall be permitted. If the destruction equals or exceeds 50 percent of the market value of the structure before damage occurred, restoration of such building or structure shall not be permitted. Substantial damage is cumulative of the total value of restorations from all flood events to that structure. A structure shall be deemed to be substantially improved or substantially damaged when the cumulative cost of improvements or damage repairs, when combined incrementally over a 10-year period of time, equals or exceeds 50 percent of the market value of the structure. 2. All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; 3. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; 4. All new construction or substantial improvements shall be constructed with materials resistant to flood damage; 5. All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed or located so as to prevent water from entering or accumulating within the components during conditions of flooding; 6. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; 7. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, 8. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. B. Specific Standards In all areas of special flood hazards where Base Flood Elevation data has been provided as set forth in B Basis for Establishing the Areas of Special Flood Hazard, B.8, or C.3, the following provisions are required: 1. Residential Construction New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to or above the regulatory flood datum. A registered Professional Engineer, Architect, or Land Surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in C.1.a is satisfied. When a residential structure is intended to be constructed in an Approximate A Zone, Base Flood Elevation data shall be determined using the same engineering standards and methods that are used to develop a Flood Elevation Study, and the lowest floor elevation of the residential structure shall be 400 Section 4. Supplemental Development Regulations

411 elevated to or above the regulatory flood datum. The lowest floor elevation of a residential structure that is outside of an Area of Special Flood Hazard shall be elevated 12 inches above the adjacent grade or the adjacent street crown, whichever is higher. 2. Nonresidential Construction New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the regulatory flood datum or, together with attendant utility and sanitary facilities, be designed so that below the regulatory flood datum the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered Professional Engineer or Architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to Mean Sea Level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. When a nonresidential structure is intended to be constructed in an Approximate A Zone, Base Flood Elevation data shall be determined using the same engineering standards and methods that are used to develop a Flood Elevation Study. 3. Enclosures New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall either be certified by a registered Professional Engineer or Architect or meet or exceed the following minimum criteria: A minimum of two openings on separate walls having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than 1 foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 4. Manufactured Homes Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes shall be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. Require that manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community's FIRM on sites: i. Outside of a manufactured home park or subdivision, ii. In a new manufactured home park or subdivision, iii. In an expansion to an existing manufactured home park or subdivision, or iv. In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent Subsection Flood Damage Prevention Regulations 401

412 foundation such that the lowest floor of the manufactured home is elevated to or above the regulatory flood datum and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A1-30, AH and AE on the community's FIRM that are not subject to the provisions of this subsection 4 be elevated so that either: i. The lowest floor of the manufactured home is at or above the regulatory flood datum, or ii. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. 402 Section 4. Supplemental Development Regulations

413 5. Recreational Vehicles Require that recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's FIRM either: i. Be on the site for fewer than 180 consecutive days, or ii. Be fully licensed and ready for highway use, or iii. Meet the permit requirements of C.1, and the elevation and anchoring requirements for manufactured homes in 4 above. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. 6. Prohibitions within Areas of Special Flood Hazard No Floodplain Development Permit Application shall be approved for any structure or parking area that encroaches on an Area of Special Flood Hazard unless: i. The parking area is smaller than 5,000 square feet, or ii. The structure is unoccupied and has an area of less than 1,000 square feet, iii. The lowest finished floor elevation of the structure is elevated to or above the regulatory flood datum No encroachments, including fill, new construction, substantial improvements, or other development, shall be permitted within an Area of Special Flood Hazard unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Such encroachment shall not cause an adverse effect on the Area of Special Flood Hazard or surrounding properties, and shall otherwise comply with the requirements of this section. No fill material shall be used to elevate any structure in Zones A, A1-30, AE, AO, AH, AR, or A99, unless: i. The fill material is compacted to not less than 95 percent of the maximum dry density conforming to Texas Department of Transportation Test Method Tex-114-E, "Laboratory Compaction Characteristics & Moisture-Density Relationship of Subgrade & Embankment Soil"; ii. The fill material is comprised of fine grained soils of low permeability, such as those classified as CH, CL, SC, or ML according to ASTM Standard D-2487, Standard Practice for Classification of Soils for Engineering Purposes (Unified Soil Classification System) ; and iii. The fill material is homogeneous and isotropic (specifically, that the soil is all of one material and the engineering properties are the same in all directions). 7. Critical Facilities Construction and substantial improvement of any critical facility, such as EMS, fire department, and police department, shall have the lowest floor (including basement), elevated to or above the regulatory flood datum or the 500-year floodplain elevation, whichever is higher in elevation. A registered Professional Engineer, Architect, or Land Surveyor shall submit a certification to the Subsection Flood Damage Prevention Regulations 403

414 Floodplain Administrator that the standard of this subsection as proposed in C.1.a is satisfied. 8. Hazardous Materials Construction and substantial improvement of any hazardous materials storage area or structure, shall be elevated to or above the regulatory flood datum or the 500-year floodplain elevation, whichever is higher in elevation. A registered Professional Engineer, Architect, or Land Surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in C.1.a is satisfied. 9. Elevation Certificate C. An Elevation Certificate is required for all new development regulated by this ordinance. All elevation requirements noted in this ordinance shall be documented using the NFIP Elevation Certificate, FEMA Form , as amended, which shall be certified by a registered Professional Engineer, Architect, or Land Surveyor, and submitted to the Floodplain Administrator. Standards for Areas of Shallow Flooding (Awah Zones, as defined by FEMA) Located within the areas of special flood hazard established in B are areas designated as shallow flooding. These areas have special flood hazards associated with flood depths of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: 1. All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated to or above the Base Flood Elevation or the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least 3 feet if no depth number is specified). 2. All new construction and substantial improvements of nonresidential structures; Have the lowest floor (including basement) elevated to or above the Base Flood Elevation or the highest adjacent grade at least as high as the depth number specified in feet on the City's FIRM (at least 3 feet if no depth number is specified), or Together with attendant utility and sanitary facilities be designed so that below the base specified flood depth in an AO Zone, or below the Base Flood Elevation in an AH Zone, level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. 3. A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in C are satisfied. 4. Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. D. Floodways Floodways located within areas of special flood hazard established in B are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: 1. Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that 404 Section 4. Supplemental Development Regulations

415 the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. 2. If 1 above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Provisions for Flood Hazard Reduction. 3. Under the provisions of 44 CFR Chapter 1, Section regulations regarding Revision to the FIRM of the National Flood Insurance Program, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in Base Flood Elevations, provided that the community first completes all of the provisions required by Section regulations regarding Revision to the FIRM. 4. A final Site Plan may not be approved unless the proposed development will not result in additional identifiable adverse flooding on other property. E. Standards for Subdivision Proposals 1. All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with B Findings of Fact, C Statement of Purpose, D Methods of Reducing Flood Losses of this section. 2. All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of C Establishment of Floodplain Development Permit, C Permit Procedures and the provisions of Provisions for Flood Hazard Reduction of this section. 3. Base Flood Elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to B Basis for Establishing the Areas of Special Flood Hazard or B.8 of this ordinance. 4. All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. 5. All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. 6. At least one entry street of collector grade or higher classification into a subdivision shall be elevated to or above the Base Flood Elevation to allow entry and exit of vehicles during a base flood event. F. Improved Open Drainage Courses and Enclosed Drainage Structures 1. All improvements to open drainage courses and enclosed drainage structures in areas of special flood hazard shall be designed by a registered Professional Engineer in accordance with the City s Drainage Design Criteria, as amended, and constructed to accommodate the base flood event. Upon completion, a registered Professional Engineer shall certify in writing that the improvements made comply with those designed. Improved drainage courses and structures in areas of special flood hazard may be of earthen channel or concrete-lined channel, provided the type of channel used satisfies all applicable design criteria (velocity/type of soil, etc.) The design and construction of improved drainage courses and structures shall provide for adequate access to such drainage courses for the performance of necessary maintenance. Subsection Flood Damage Prevention Regulations 405

416 2. All improved drainage courses and structures in areas of special flood hazard meeting the requirements of this ordinance shall be dedicated to the City and accepted for maintenance by the City. 3. The City shall maintain all improved open drainage courses and enclosed drainage structures in areas of special flood hazard provided that the requirements of F Improved Open Drainage Courses and Enclosed Drainage Structures are satisfied. The areas of special flood hazard shall be inspected on an annual basis under the supervision of the City Engineer to determine if required maintenance is being performed. Maintenance shall be performed as often as necessary to keep the area free of debris and any rank growth above the height of 18 inches above the finished grade of the improved drainage course. Inspection for sedimentation shall be conducted as determined by the City Engineer. Maintenance will be performed as often as necessary to keep the sedimentation from exceeding 12 inches in depth above the finished grade of the improved drainage courses. All bottom profile inspections to determine the depth of sedimentation will be coordinated and reviewed by the City Engineer. 406 Section 4. Supplemental Development Regulations

417 Section 5. Definitions Subsection General Provisions Usage and Interpretation A. Usage and Interpretation Rules For the purpose of this UDC certain terms or words herein shall be interpreted or defined as follows: Words used in the present tense include the future tense; The singular includes the plural; The word "person" includes a corporation as well as an individual; The term "shall" is always mandatory; and The term "may" is discretionary. B. Words and Terms not Expressly Defined Words and terms not expressly defined herein are to be construed according to the normally accepted meaning of such words or terms or, where no definition appears, then according to their customary usage in the practice of municipal planning and engineering, as determined by the Director of Planning. Subsection Words and Terms Defined For the purpose of this UDC, certain terms and words are herewith defined and shall have the meaning here applied. 1. Abandonment Zoning Related To cease or discontinue a use or activity, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure. Subdivision Related The legal process by which land dedicated to public use, such as an alley, may revert to private ownership. 2. Accessory Structure In a residential district, a subordinate structure used for the purpose customarily incidental to the main structure, such as a private garage for automobile storage, carport, RV-port, tool house, greenhouse as a hobby, home workshop, children's playhouse, storage house, gazebo, pool, deck, patio, or garden shelter. In a nonresidential district, a subordinate building incidental to the main structure. 3. Administrative Officers Any officer referred to in this UDC by title (e.g., City Manager, City Attorney, City Secretary, City Engineer, Director of Planning, Director of Public Works, etc.) shall be the person so retained in this position by the City, or his/her duly authorized representative. 4. Adult Day Services Center A facility that provides services under an Adult Day Care Program on a daily or regular basis, but not overnight, to four (4) or more elderly or handicapped persons who are not related by blood, marriage, or adoption to the owner of the facility. Adult Day Services Centers (also referred to as Adult Day Care Centers) must be licensed by the Texas Department of Human Services. Subsection General Provisions 407

418 5. Adult Entertainment A sexually-oriented business, including, but not limited to, the following uses: adult arcade; adult book or video store; adult cabaret; adult dancing establishment; adult novelty store; and adult theater. See Article 8.02 of the City s Code of Ordinances. 6. Adverse Effect (Historic) The direct or indirect altering of characteristics of a historic property that qualify it for inclusion as a Historic Landmark or within a Historic Overlay District. Reasonably foreseeable effects caused by the undertaking that may occur later in time, be farther removed in distance, or be cumulative are included. Examples include physical destruction or damage, alteration not consistent with the Secretary of Interior s Standards or local Design Guidelines, relocation of a property, and neglect resulting in deterioration. If a property is restored, rehabilitated, repaired, maintained, stabilized, remediated or otherwise changed in accordance with the Secretary of Interior s Standards and local Design Guidelines, then it will not be considered an adverse effect. 7. Agricultural Use Land where the commercial production, keeping, or maintenance for sale, lease, or personal use of plants and animals, including, forages and sod crops; grains and seed crops, dairy animals, poultry and livestock, including but not limited to ostriches, emus, buffalos, beef cattle, sheep, goats, mules, horses, and ponies. 8. Alcoholic Beverage Production A facility for the production of alcoholic beverages, including the specific uses of Brewery, Macro, Brewery, Micro, Distillery, Macro, and Winery, Macro (see Table 46). Individual businesses are responsible for ensuring compliance with all other regulations, such as those of the Texas Alcoholic Beverage Commission. Table 46. Comparison of Alcoholic Beverage Producers Use Annual Production Consumption Notes Brewery, Macro 10,000+ barrels On-site Food service considered Restaurant or Cafeteria, without Curb or Drive-Thru Brewery, Micro 10,000 barrels On- or off-site Service and permitted separately Distillery, Macro Distillery, Micro 100,000+ proof gallons 100,000 proof gallons None Distilled alcohol (e.g., whiskey, rum, gin, vodka); Wholesale sales only Winery, Macro Winery, Micro 250,000+ gallons 250,000 gallons On- or off-site Produces wine that is <24% ABV; Food service considered Restaurant or Cafeteria, without Curb or Drive-Thru Service and permitted separately 9. Alley A public Right-of-Way or private roadway used primarily for vehicular service access to the back or sides of properties otherwise abutting on a street. 10. Alluvial Fan Flooding Means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. 408 Section 5. Definitions

419 11. Alteration Adopted October 2, 2017 Any act or process that changes one of more historic, architectural, or physical features of an area, site, place, and/or structure including, but not limited to the erection, construction, reconstruction or removal of any structure. 12. Amateur Radio Antenna A radio communication antenna used by a person holding an amateur station license from the Federal Communications Commission. 13. Ambulance Service A privately-owned facility for the dispatch, storage, and maintenance of emergency medical care vehicles. 14. Amending Plat An Amending Plat applies minor revisions to a recorded plat consistent with provisions of State law, see Amortization Discontinuance of a nonconforming use of land or structure under any plan whereby the full value of the structure and facilities can be scheduled within a definite period of time to conform to the regulations of this UDC. See Amortization of Nonconforming Uses. 16. Amusement, Commercial (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 climbing wall center, video game arcade, batting cages, indoor skydiving, bowling alley, or billiard parlor. 17. Amusement, Commercial (Outdoors) An amusement enterprise offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open including, but not limited to, a golf driving range, paintball field, go-cart racing, and miniature golf course. Note that the City s noise and nuisance regulations apply to such uses. 18. Animal Shelter or Pet Boarding (with Outside Yard/Kennels) 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. 19. Animal Shelter or Pet Boarding (without Outside Yard/Kennels) 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. 20. Animal Veterinary Office or Grooming (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. 21. Animal Veterinary Office or Grooming (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. 22. Antenna A device used in communications, which transmits or receives radio signals, television signals, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. 23. Antenna, Building Attached An antenna attached to an existing structure in two general forms: (1) roof-mounted, in which antennas are placed on the roofs of buildings, or (2) building-mounted, in which antennas are placed on the sides of buildings. These antennas can also be mounted on structures such as water tanks, billboards, church steeples, electrical transmission towers, etc. Subsection Words and Terms Defined 409

420 24. Antenna Facilities The antenna and any mast, pole, structure, tower, building, equipment, and other supporting material used to mount the antenna and equipment, equipment storage buildings and concealing or screening structures needed to operate an antenna. 25. Antenna Facility See Antenna Facilities. 26. Antenna Location Waiver See Waiver (Antennas). 27. Antique Shop An establishment offering for sale, within a building, articles such as glass, china, furniture or similar furnishing and decorations that have value and significance as a result of age, design and sentiment. 28. Apex A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. 29. Applicant The person or entity responsible for the submission of an Application. The Applicant must be the actual owner of the property for which an Application is submitted, or shall be a duly authorized representative of the property owner. Also see Developer. 30. Application The package of materials, including but not limited to an Application Form, Plat, completed checklist, tax certificate, Construction Plans, special drawings or studies, and other informational materials, that is required by the City to initiate City review and approval of a development project. 31. Application Form The written form (as provided by and as may be amended by the Director of Planning) that is filled out and executed by the Applicant and submitted to the City along with other required materials as a part of an Application. 32. Approval Approval constitutes a determination by the official, board, commission or City Council responsible for such determination that the Application is in compliance with the minimum provisions of this UDC. Such approval does not constitute approval of the engineering or surveying contained in the plans, as the design engineer or surveyor that sealed the plans is responsible for the adequacy of such plans. 33. Approved Use (Pertaining to Water Reuse) The use of Reuse Water as authorized by law and approved through a Reuse Water Service Agreement with the City. 34. Approved Use Area (Pertaining to Water Reuse) A site authorized by law and designated approved in a Reuse Water Service Agreement to receive Reuse Water for an Approved Use (Pertaining to Water Reuse). 35. Appurtenant Features Features that define the design of a building or property including but not limited to porches, railings; columns, shutters, steps, fences, attic vents, sidewalks, driveways, garages, carports, outbuildings, gazebos, and arbors. 36. Appurtenant Structure (Pertaining to Flooding) A structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. 37. Archeological Property/Site Any locale where there is physical evidence of past human activity that is either prehistoric or historic in age. 410 Section 5. Definitions

421 38. Architectural Concrete Block Adopted October 2, 2017 Concrete block with a highly textured finish, such as split faced, indented, hammered, fluted, ribbed, or similar architectural finish. 39. Architectural Details Small details like moldings, carved woodwork, etc. that add character to a building. 40. Area of Future Conditions Flood Hazard The land area that would be inundated by the 1-percent-annual chance (100 year) flood based on future conditions hydrology. 41. Area of Shallow Flooding A designated AO, AH, AR/AO, AR/AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. 42. Area of Special Flood Hazard The land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V. 43. Art Gallery or Museum An institution for the collection, display, distribution of objects of art, and that is sponsored by a public or quasi-public agency, and is open to the general public. 44. Arterial Street See Street, Arterial. 45. Articulation The visual variation to both the height and depth dimensions of a building through the use of materials, colors, fenestration and details. 46. Artisan s Studio Nonresidential work space for one or more photographers, artists, or artisans, including the accessory sale of art produced on the premises. These studios are less than one thousand five hundred (1,500) square feet in area. This use does not include a dwelling. 47. Assisted Living/Nursing Home A home operated by a business or non-profit organization where ill or elderly people are provided with lodging and meals, with or without nursing care. 48. Automobile or Other Motorized Vehicle Sales A business providing indoor or outdoor sales display and incidental service of new and used motorized vehicles, including motorcycles, RVs, and boats. This use is not considered Outside Display. 49. Automobile Parts Store Stores selling new automobile parts, tires, and accessories. 50. Automobile Service Garage (Major) A facility for the general repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, or providing collision services, including body, frame, or fender repair, and overall painting, where all work is conducted inside the building. 51. Automobile Service Garage (Minor) A facility for routine automobile services or minor repairs, such as tire services, quick-lubes, batteries, with all work being conducted inside the building and within the same day. Subsection Words and Terms Defined 411

422 52. Awning A roof-like shelter of canvas or other material extending from a building s façade. 53. Bank or 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. Note that this definition does not include Nondepository Financial Institution/Payday Lending Establishments. 54. Banquet Hall, Reception Facility, Wedding Chapel, or Other Special Events Center A building, facility, room, or portion thereof, that is rented, leased or otherwise made available to any person or group for a private event function that is not open to the general public, whether or not a fee is charged. 55. Bar/Tavern ( 75% Sales from Alcohol) An establishment that serves alcoholic beverages by the drink for on-site consumption and that derive 75 percent or more of the gross revenue from the on-premise sale of alcoholic beverages. 56. Barber or Beauty Shop A fixed establishment or place where one or more persons engage in the practice of barbering or cosmetology. 57. Barton Springs Segment of the Edwards Aquifer The water-bearing substrata also known as the Edwards and Associated Limestones Aquifer and includes the stratigraphic rock units known as the Edwards Formation and Georgetown Formation and is bounded on the north by the Colorado River and on the south by a groundwater divide running approximately parallel with FM 150 in Hays County. 58. Base Flood The flood having a 1 percent chance of being equaled or exceeded in any given year. 59. Base Flood Elevation The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1-A30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year - also called the Base Flood. 60. Basement Any area of the building having its floor subgrade (below ground level) on all sides. 61. 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 or more beams that rotate or move. 62. Bed & Breakfast Inn An owner (or operator) occupied residence with up to five (5) bedrooms available for overnight guests. A Bed & Breakfast Inn may provide for guest stays up to fourteen (14) consecutive calendar days; however, Bed & Breakfast Inns do not offer weekly rental rates. Kitchen and dining facilities may be included to provide meals for guests only; however, no food preparation occurs in guest bedrooms. A Bed & Breakfast Inn does not include restaurants, banquet facilities, or similar services. 63. Block A tract or parcel of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad Right-of-Way, highway, stream, or corporate boundary lines. 64. Block Face The portion of a Block that abuts a street. 412 Section 5. Definitions

423 65. Block Length Adopted October 2, 2017 The length of the Block Face between two intersections, or between an intersection and the outer edge of a cul-de-sac. 66. Block Perimeter 67. Bluff A measure of the total length of the property line along all block faces. A bluff with a vertical change in elevation of more than 40 feet and an average gradient greater than 400 percent. 68. Board See Board of Adjustment. 69. Board and Batten Wall construction that gives the appearance of wide vertical strips with intervening recesses or projections by means of wide boards rabbeted on transverse edges and lapped not to the entire width of the rabbet on one side, or wide boards alternating with narrow and thin battens usually fitting into grooves in the wide boards, or wide boards covered at the seams by narrow usually 2-inch battens. 70. Board of Adjustment The City s Board of Adjustment, which is established in Board of Adjustment. 71. Breakaway Wall A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. 72. Brewery, Macro An establishment that produces more than 10,000 barrels of beer per year, which may be consumed on-site. Such businesses hold a Brewer s Permit (B) and are regulated by the Texas Alcoholic Beverage Commission. This definition also includes the secondary use of food service. 73. Brewery, Micro An establishment that produces up to 10,000 barrels of beer per year, which may be consumed on-site. Sometimes referred to as a brewpub or taproom. Such businesses hold a Brewpub License (BP) and are regulated by the Texas Alcoholic Beverage Commission. This definition also includes the secondary use of food service. 74. Build-to Zone The area between the minimum and maximum setbacks within which the principal building s front façade (building façade line) is to be located. 75. Building Any structure built for support, shelter or enclosure of persons, animals, personal property, records or other movable property and when separated in a manner sufficient to prevent fire, each portion of such building shall be deemed a separate building. 76. Building Coverage Percentage of the lot covered by the main structure and any Accessory Structures. 77. Building Height The vertical distance measured from the average grade level to the highest point of the roof, excluding ornamental features that do not contain floor area (e.g., a church steeple or bell tower). 78. Building-Integrated Systems Photovoltaic materials used in place of conventional building materials (such as the roof or skylights). May also be referred to as Building-Integrated Photovoltaics (BIPV). Subsection Words and Terms Defined 413

424 79. Building Material Sales An establishment for the sale of materials customarily used in the construction of buildings and other structures, including outside storage or display of materials or merchandise. Sometimes referred to as a Contractor s Yard. Note that this definition does not include home improvement store that provide goods to the general public (e.g., Home Depot or Lowe s). 80. Building Official The Building Official of the City or designee. 81. Building Permit A permit issued by the City before a building or structure is started, improved, enlarged or altered as proof that such action is in compliance with the City code. 82. Building Setback Line The line within a property defining the minimum horizontal distance between a building or other structure and the adjacent street Right-of-Way/property line. 83. Building Width in Build-to The percentage of the width of the principal building required in the Build-to Zone. 84. Caliper The diameter of a tree measured four feet above finished grade. 85. Carpentry Shop A shop involving woodworking and the assembly of wood products. 86. Car Wash, Full Service A facility where a customer does not wash the vehicle and can have a motorcycle, automobile and light load vehicle washed by employees of a car wash facility in exchange for financial consideration. 87. Car Wash, Self Service A facility with an automatic wash tunnel or hand wash provisions for use by the customer to wash motorcycles, automobiles and light load vehicles in exchange for financial consideration Catering Service A service providing meals or refreshments for public or private entertainment for a fee. 89. Ceramic, Pottery, or Glass Studio Small-scale studio site for ceramic, pottery, or glass goods, including dust, odor, and fume control. This definition does not include manufacturing. 90. Certificate of Appropriateness An order issued by the Historic Preservation Commission indicating approval of plans for alteration, construction, or removal affecting a designated landmark or property within a designated district. 91. Certificate of Occupancy An official certificate issued by the City through the enforcement official that indicates conformance with the City s rules and regulations and which authorizes legal use of the premises. 92. Certified Local Government A local government certified or approved by the State Historic Preservation Office (SHPO), which has an appointed commission to oversee the survey and inventory of historic resources, to review areas for historically significant structures, and to develop and maintain community planning and education programs. 414 Section 5. Definitions

425 93. Chapter 210 Adopted October 2, 2017 Chapter 210 of Title 30 of the Texas Administrative Code, titled Use of Reuse Water, as it may be amended from time to time. 94. Child Care Home ( 6 Children) Regular care occurring in the caretaker s own residence for not more than six (6) children, excluding children who are related to the caretaker but in no case exceeding twelve (12) children at any given time. See Chapter 42 of the Human Resources Code, Regulation of Certain Facilities, Homes, and Agencies that Provide Child Care Services. 95. Child Care Home (6+ Children) Regular care occurring in the caretaker s own residence for more than six (6) children, excluding children who are related to the caretaker. See Chapter 42 of the Human Resources Code, Regulation of Certain Facilities, Homes, and Agencies that Provide Child Care Services. 96. Child Care Facility (Daycare) A business for the care of children at a location other than a caretaker s residence for less than 24 hours a day. See Chapter 42 of the Human Resources Code, Regulation of Certain Facilities, Homes, and Agencies that Provide Child Care Services. 97. Child Care Facility (Children s Home) A business for the care of children at a location other than a caretaker s residence for more than 24 hours a day. See Chapter 42 of the Human Resources Code, Regulation of Certain Facilities, Homes, and Agencies that Provide Child Care Services. 98. Church or Other Place of Worship, including Parsonage/Rectory 99. City A place of worship and religious training of recognized religions, including the on-site housing of ministers, rabbis, priests, nuns, and similar staff personnel. The City of Buda, Texas, together with all its governing and operating bodies City Attorney The person(s) so designated by the City Council to provide oversight for and have legal responsibility for the City. This term shall also include any designee of the City Attorney City Council The duly elected governing body of the City of Buda, Texas City Engineer The City Manager or person(s) designated by the City Manager to carry out the duties of the City Engineer as described under this Code City Manager The officially appointed and authorized City Manager of the City of Buda, Texas, or the City Manager's duly authorized representative or designee City Secretary The person(s) so designated by the City Manager to provide clerical and official services for the City Council. This term shall also include any designee of the City Secretary Clustering Often called an open space development or conservation development, Cluster Development is the grouping of residential properties on a development site in order to use the extra land as open space, recreation or agriculture. The purpose of cluster development is to promote integrated site design that is considerate to the natural features and topography; protect environmentally sensitive areas of the development site, as well as permanently preserve important natural features, prime agricultural land, and open space; minimize non-point source pollution through reducing the area of impervious surfaces on the site and creating contiguous green spaces for natural filtration; encourage saving costs on infrastructure and infrastructure Subsection Words and Terms Defined 415

426 maintenance through practices such as decreasing the area that needs to be paved and the decreasing distance that utilities need to be run; and to create more area for open space, recreation and more social interaction Collector Street See Street, Collector College or University An academic institution of higher learning, accredited or recognized by the State, and offering a program of series of programs of academic study Co-Location The act of locating wireless communications equipment for more than one telecommunications carrier on a single Antenna Facility Colonnade A sequence of columns attached to an awning, second floor overhang or second floor balcony of a building Commercial Message Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity Commission The Planning and Zoning Commission of the City Community The Buda corporate city limits, in which the City has the authority to adopt and enforce flood plain management regulations for the areas within its jurisdiction Community Home or Group Home A residence for not more than six (6) persons with disabilities and two (2) supervisors. Such entity must be licensed and comply with Chapter 123 of the Human Resources Code Comprehensive Plan The plan, including all revisions and addenda thereto, adopted by the City Council as the official policy regarding the guidance and coordination of the development of land in the City. The plan indicates the general location recommended for various land uses, transportation routes, public and private buildings, streets, utilities, parks other public and private developments and improvements and population projections. The plan may consist but is not limited to the following plan elements: Future Land Development Plan, Economic Growth & Sustainability, Transportation, Parks, Recreation, & Open Space, Housing & Neighborhoods, Community Identity, Civic Facilities & Programs, Public Safety, Downtown Buda, and Historic Preservation Construction Plans A set of drawings or specifications, including paving, water, wastewater, drainage, or other required plans, submitted to the City for review in conjunction with a subdivision or a development Container Unit (Pertaining to Water Reuse) Any container that is used to hold Reuse Water during transport from a wastewater treatment facility to an Approved Use Area (Pertaining to Water Reuse) Contractors Yard or Storage Yard A building, part of a building, or land area for the construction or storage (inside or out) of materials, tools, products, and vehicle fleets. 416 Section 5. Definitions

427 118. Contributing Building Adopted October 2, 2017 A historic building that is at least 50 years old or older that retains a significant amount of its physical integrity and character defining features including location, setting, design, construction, workmanship, and/or association with historical persons or events Conveyance Plat An interim step in the subdivision and development of land, a Conveyance Plat is a plat designed to subdivide land and to provide for recordation for the purpose of conveying (i.e., selling) the property without developing it. A Conveyance Plat does not constitute approval for any type of development on the property Council See City Council County Hays County or Travis County, as applicable Court An open unoccupied space other than a yard, on the same lot with a building which is bounded on three (3) or more sides by the building Critical Environmental Features Features that are of critical importance to the protection of environmental resources, and include bluffs, canyon rimrocks, caves, sinkholes, springs, and wetlands Critical Feature An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised Critical Root Zone A circle on the ground corresponding to the drip line of the tree. The Critical Root Zone is intended to protect the root structure of a tree Cross Connection Any physical arrangement where a potable water supply is actually or potentially connected with any non-potable water system, used water system or auxiliary water supply, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp cooler, air conditioning unit, fire protection system, or any other assembly which contains, or may contain, contaminated water, domestic sewage, or other liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or change over assemblies, or other temporary or permanent assemblies through which, or because of which, backflow may occur are considered to be cross connections Cul-de-Sac A short street, that is typically in a residential setting, with one vehicular access to another street, and terminated on the opposite end by a vehicular turnaround Dance Hall, Night Club, or Live Music Venue, Indoors An indoor establishment offering to the general public facilities for concerts, dancing, and similar entertainment Dance Hall, Night Club, or Live Music Venue, Outdoors An establishment located outdoors or partially outdoors offering to the general public facilities for concerts, dancing, and similar entertainment Dance, Music, or Drama Studio Studio for performing arts education or similar activities. Subsection Words and Terms Defined 417

428 131. Dead-End Street A street, other than a cul-de-sac, with only one outlet Decision-Maker The City official or group, such as the Director of Planning, City Council, or Planning and Zoning Commission, responsible for deciding action on an Application authorized by this UDC Demolition by Neglect Allowing a building to fall into such a state of disrepair that it becomes necessary or desirable to demolish it Design Guidelines Guidelines of appropriateness or compatibility of building design within a community or historic district. Often in the form of a handbook, design guidelines contain drawings accompanying "do's and don't's" for the property owner. The Historic Preservation Commission has authority to administer design guidelines Design Review Refers to the decision making process conducted by the Historic Preservation Commission or an appointed historic preservation officer that is guided by established terms Developer A person or entity, limited to the property owner or duly authorized representative thereof, who proposes to undertake or undertakes the division, developments, or improvement of land and other activities covered by this UDC. The word Developer is intended to include the terms Subdivider, property owner, and, when submitting platting documents, Applicant Development Any human-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations or storage of equipment or materials Development Application An Application, developed and updated by the Director of Planning, for any type of plan, permit, plat or Construction Plans/drawings authorized or addressed by this UDC. Also may be referred to as a permit within the Texas Local Government Code, Chapter Development Application Forms A collection of Application Forms created, updated, and managed by the Director of Planning Director of Planning The City Manager or person(s) designated by the City Manager to carry out the duties of the Director of Planning as described under this Code Director of Public Works The person(s) so designated by the City Manager to provide oversight for and have responsibility of the City s Public Works Department. This term shall also include any designee of the Director of Public Works Distillery, Macro An establishment that produces at least 100,000 proof gallons of distilled alcohol, such as whiskey, rum, gin, vodka and other spirits not defined elsewhere in this UDC. Such businesses hold a Distiller s and Rectifier s Permit (D) and are regulated by the Texas Alcoholic Beverage Commission Distillery, Micro An establishment that produces up to 100,000 proof gallons of distilled alcohol, such as whiskey, rum, gin, vodka and other spirits not defined elsewhere in this UDC. Such businesses hold a Distiller s and Rectifier s Permit (D) and are regulated by the Texas Alcoholic Beverage Commission. 418 Section 5. Definitions

429 144. Distribution Main (Pertaining to Water Reuse) Adopted October 2, 2017 A Reuse Water main offsite to a User (Pertaining to Water Reuse) which is constructed at the expense of the Reuse Water User (Pertaining to Water Reuse) and which connects one (1) or more User (Pertaining to Water Reuse) with a City reuse Transmission Main. Distribution Mains terminate at: a. The point of connection with a User (Pertaining to Water Reuse) s Reuse Water meter, and b. The point of connection with the City s Transmission Mains. All Distribution Main (Pertaining to Water Reuse)s (including the Reuse Water meter connecting to a User (Pertaining to Water Reuse) s on-site Reuse Water main) accepted by the City becomes the property of the City at the time the Distribution Main (Pertaining to Water Reuse) is accepted Donation or Recycling Collection Point An incidental use that serves as a neighborhood drop-off point for and temporary storage of donations or recoverable resources. No processing of such items occurs on-site and the site functions solely as an area of collecting materials. This facility is generally located in a shopping center parking lot or in public/quasi-public areas such as in churches and schools Drainage Design Criteria Collectively, the City s drainage design standards adopted under the Unified Development Code, as amended Drawings Plans, working drawings, detail drawings, profiles, typical cross sections, or reproductions that show locations, character, dimensions, or details of work related to a Reuse Water system and its components Dwelling, Accessory See Garage Apartment and Guest House Dwelling, Multi-Family (Apartment) Any building, or portion thereof, that is designed, built, rented, leased, owned, or let to be occupied as five (5) or more dwelling units or apartments, or that is occupied as a home or place of residence by five (5) or more families living in independent and separate housekeeping units Dwelling, Single Family (Attached Duplex) A building designed for occupancy for two (2) families living independently of each other. May be located on a single lot or may have a lot line dividing the building and separating the building s two (2) dwellings units onto two (2) separate lots Dwelling, Single Family (Attached Townhouse) A dwelling that is joined to another dwelling at one or more sides by a party wall or abutting separate wall, and that is designed for occupancy by one family and is located on a separate lot delineated by front, side and rear lot lines Dwelling, Single Family (Detached) A dwelling designed and constructed for occupancy by one family and located on a lot or separate building tract and having no physical connection to another building and occupied by one family Dwelling, Single Family (Patio Home) A detached dwelling designed and constructed for occupancy by one family. Patio Homes are located directly along the side property line, which creates a larger side yard (e.g., one side yard 10 feet in width instead of two side yards 5 feet in width). The intent of this development type is to allow for more compact development that provides for usable open space. Sometimes referred to as a zero lot line home Dwelling, Multi-Family (3-Plex/4-Plex) A multi-family building designed as a single structure containing three (3) or four (4) separate living units on one lot, each of which is designed to be occupied as a separate residence for one family. Subsection Words and Terms Defined 419

430 155. Dwelling Unit One or more rooms that are arranged, designed, used, or intended to be used for occupancy by a single family or group of persons living together as a family or by a single person Easement Authorization by a property owner for another to use any designated part of the owner's property for a specified purpose or use and evidenced by an instrument or plat filed with the County Clerk. Among other things, easements may be used to install and maintain utility lines, drainage ditches or channels, or for other City or public services. Established for public purposes on private property upon which the City shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs, or other improvements or growths that in any way endanger or interfere with the construction, maintenance, or efficiency of City systems. The City shall at all times have the right of ingress and egress to and from and upon the said easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or removing all or part of its respective systems without the necessity at any time or procuring the permission of anyone Easement, Common Access An easement to provide shared access to and from commercial, and industrial owned and maintained by the owners of the property upon which the easement is located or as otherwise provided by deed restrictions or the terms of the easement instrument Edwards Aquifer Recharge Zone All land over the Edwards Aquifer that recharges the aquifer, as determined by the surface exposure of the geologic units comprising the Edwards Aquifer, including the areas overlain with quaternary terrace deposits, as currently mapped by the Texas Natural Resource Conservation Commission (TNRCC) Electrical Power Substation A part of the electrical distribution system with the primary function to transform electrical voltage, includes transformer stations and switching stations Elevated Building (Pertaining to Flooding) For insurance purposes, a non-basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns Elevation Certificate The official document under the same name issued by the National Flood Insurance Program (NFIP) used to provide elevation information necessary to ensure compliance with this ordinance, to determine the proper insurance premium rate, and to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on Fill (LOMR-F) Engineer A person duly authorized under the provisions of the Texas Engineering Practice Act, as heretofore or hereafter amended, to practice the profession of engineering and who is specifically qualified to design and prepare Construction Plans and specifications for public works improvements Engineering Criteria Manual Technical manual adopted by the City of Buda containing detailed engineering standards for construction, which may be amended as needed Equipment Sales Retail establishment selling or renting construction, farm, or other heavy equipment. Examples include cranes, earth moving equipment, tractors, combines, heavy trucks, etc. This use is not considered Outside Display Equipment Storage Building or Structure (Pertaining to Wireless Facilities) An unstaffed, single story equipment building, structure or platform used to house telecommunications equipment necessary to operate the telecommunications network. 420 Section 5. Definitions

431 166. Existing Construction Adopted October 2, 2017 The purposes of determining rates, structures for which the "Start of Construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." 167. Existing Manufactured Home Park or Subdivision A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community Exterior Architectural Feature Includes but is not limited to architectural style and general arrangement of such portion of the exterior of a structure as is designed to be open to the view from a public way. Exterior Architectural Features are often used to describe decorative features attached to the structure such as: doors, windows, window sills, cornices, decorative plaster work or stone, shutters, columns, canopies or awning, etc Exterior Temporary Items Includes items such as landscaping, fences and sheds that do not require a slab, which are easily altered, relocated or removed Expansion to an Existing Manufactured Home Park or Subdivision The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) Façade or Front Façade A façade directly visible from any public street or main circulation drive and the façade used as the primary entrance to the building Family A person living alone, or any of the following groups living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking, and eating facilities; any number of people related by blood, marriage, adoption, guardianship, or other duly authorized custodial relationship; or up to three (3) unrelated people and any children related to them. Prima facie proof of occupancy of a dwelling unit by more than three (3) unrelated persons is established in any prosecution for violation of this UDC if it is shown that the same three or more vehicles with registrations to persons having different surnames and addresses were parked overnight at the dwelling unit a majority of nights in any 21-day period. This establishment of a prima facie level of proof in this subsection does not preclude a showing of "occupancy" of a dwelling unit by a person in any other manner. The property owner and any agent of the property owner shall be legally responsible for directly or indirectly allowing, permitting, causing, or failing to prohibit the occupancy of a dwelling unit by more than three (3) unrelated persons 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 Fee Schedule A listing of fees for various City Applications, which is prepared by the City Manager and approved by City Council and may be amended periodically. The Fee Schedule is approved separately from this UDC Feed Store An establishment engaged in retail sale of supplies directly related to the day-to-day activities of agricultural production Final Acceptance The acceptance by the City of all infrastructure improvements constructed by the Developer in conjunction with the development of land. Subsection Words and Terms Defined 421

432 177. Final Plat The one official and authentic map of any given subdivision of land prepared from actual field measurement and staking of all identifiable points by a Surveyor or Engineer with the subdivision location referenced to a survey corner and all boundaries, corners and curves of the land division sufficiently described so that they can be reproduced without additional references. The Final Plat of any lot, tract, or parcel of land shall be recorded in the Deed Records of Hays County, Texas. A Final Plat may also be referenced as a Record Plat or Filing Plat Fire Lane Path of egress whether on public roads and highways, or on private property, that is a continuous path of travel from any one point at a building or structure, to any other point along that structure, so posted and marked as a fire lane Fix-It Shop, Bicycle Repair, Blade Sharpening, Small Engine Repair 180. Flag Business providing basic repair services for mechanical equipment. Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity Flag, Decorative A flag other than national, state, municipal or other governmental flags, other than such flags located on property zoned Estate Residential (R-1) District, Suburban Residential (R-2) District, or One & Two Family Residential (R-3) District Flood or Flooding A general and temporary condition of partial or complete inundation of normally dry land areas from: 183. Flood Elevation Study 422 Section 5. Definitions a. The overflow of inland or tidal waters. b. The unusual and rapid accumulation or runoff of surface waters from any source, An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) or flood-related erosion hazards Flood Insurance Rate Map (FIRM) An official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community Flood Insurance Study (FIS) See Flood Elevation Study Floodplain or Floodprone Area 187. Any land area susceptible to being inundated by water from any source (see definition of flooding).floodplain Management The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations Floodplain Management Regulations Zoning regulations, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction Flood Protection System Physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard' and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs,

433 levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards Flood Proofing Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents Floodway See Regulatory Floodway Floor Area The habitable area of a building that is served by a conditioned air system, but specifically excluding porches, patios, breezeways, automobile storage areas, garages, workshops, attic storage areas and basements Food Truck A vendor who operates or sells food for human consumption, hot or cold, from a cart, trailer or kitchen mounted on chassis, with an engine for propulsion or that remains connected to a vehicle with an engine for propulsion. Also referred to as a mobile food vendor. See Article 8.05 Mobile and Portable Food Vendors of the City s Code of Ordinances Food Truck Park Four (4) or more Food Trucks parked and operating on a single lot Form Based Code A type of land use regulation that addresses the relationship between private facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks. The regulations and standards in formbased codes are presented in words, diagrams and other visuals. They are keyed to a regulating plan that designates the appropriate form and scale (and therefore, character) of development, rather than only distinctions in land-use types Form District One of several areas defined on a regulating plan that is subject to the Form Based Code. A form district is administratively similar to a zoning district, except that in addition to the usual building use, height, and setback requirements, other elements are integrated such as street and frontage standards Freeboard A factor of safety expressed in feet above base flood level for purposes of floodplain management. "Freeboard" tends to compensate for unknown factors that could contribute to flood heights greater than the height calculated for a selected flood recurrence interval and floodway conditions, such as wave action, bridge openings, and the hydrological effect of watershed urbanization Frontage All the property abutting on one (1) side of the street, or between two (2) intersecting streets, measured along the street line Fuel Pumps (Accessory Use) Any facility, equipment, or fixture, including a canopy, used for retail dispensing of motor vehicle fuels primarily to passenger vehicles. This is an accessory use typically associated with a Grocery, Supermarket or Retail Store, Big Box use Functionally Dependent Use (Pertaining to Flooding) A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities Furniture Repair and Upholstering Shop A business that repairs and replaces upholstery to household and office furnishings; does not include motor vehicle upholstering or repair. Subsection Words and Terms Defined 423

434 202. Garage Apartment A dwelling unit erected in conjunction with a garage Gasoline Filling or Service Station/Car Wash Any lot or parcel of land or portion thereof used partly or entirely for storing or dispensing flammable liquids, combustible liquids, liquefied flammable gas, or flammable gas into the fuel tanks of motor vehicles. May include a car wash facility General Building A structure that integrates a variety of uses typically including commercial, office, and retail Green Space The portion of developable land that must be allocated for landscaped uses such as lawn space, planting areas, swales, rain gardens, and other pervious land uses Grocery, Convenience Store A retail establishment that sells food and other consumable and non-consumable products for off-premise use or consumption that is less than 7,000 square feet in gross floor area Grocery, Market A retail establishment primarily selling prepackaged and perishable food as well as other convenience and household goods that is between 7,000 and 15,000 square feet in gross floor area Grocery, Supermarket A retail establishment primarily selling prepackaged and perishable food as well as other convenience and household goods that is more than 15,000 square feet in gross floor area Groundcover Grasses and other living plant materials that are designed to grow low to the ground, generally less than one (1) foot in height. See the Approved Plant List maintained by the Director of Planning Guest House Living quarters operated as an incidental/accessory use that is either attached or detached from the principal residence and that is occupied as a residence by either guests or tenants Gym or Health/Fitness Center A facility where members or nonmembers use equipment or space for the purpose of physical exercise Halfway House A residence operated as a single dwelling, licensed or operated by a governmental or non-profit agency, where drug users, moderate and high risk (level 2 and 3) and civil commitment sex offenders, the dangerously mentally ill, or convicted felons are placed immediately after their release from a primary institution such as a prison, hospital or rehabilitation facility. Authorized supervisory personnel are on the premises. A halfway house allows the persons to begin reintegration with society while still providing monitoring and support Heavy Industrial or Manufacturing Operations An establishment engaged in manufacturing or other industrial processing of products primarily from extracted/raw materials or the bulk storage and handling of such products and materials, or an industrial establishment having potential to produce noise, dust, glare, odors or vibration beyond its property line. Differs from Light Industrial and Assembly Processes use classification due to the potential impacts on surrounding properties Heliport or Helistop An area designed to be used for the landing or takeoff of helicopters including operations facilities, such as maintenance, loading and unloading, storage, fueling, or terminal facilities. 424 Section 5. Definitions

435 215. Highest Adjacent Grade The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure Historic Designations An official recognition of the significance of a building, property or district. Designation can occur on three different levels: Federal - The National Register of Historic Places (for both individual buildings and entire districts); State - Recorded Texas Historic landmarks (only for individual buildings) and State Antiquities Landmarks; or Local - designated under a municipal historic ordinance either individually as a landmark or as a locally designated district Historic District (Local) A geographically and locally defined area that possesses a significant concentration, linkage, or continuity of buildings, objects, sites, structures, or landscapes united by past events, periods, or styles of architecture, and that, by reason of such factors, constitute a distinct section of the City. Historic sites within a local district need not be contiguous for an area to constitute a district. All sites, buildings, and structures within a local historic district, whether individually contributing or not are subject to the regulations of the district Historic Landmark (Local) Any site, building, structure, or landscape of historic significance that receives designation by the City pursuant to this Chapter Historic Preservation The protection, rehabilitation, repair and restoration of places and structures of historic, architectural, or archeological significance Historic Preservation Commission The advisory body appointed by the City Council to review matters related to the City s historic resources Historic Preservation Officer The City Manager or other person designated by the City Council as authorized by Sec of the Code of Ordinances. The Historic Preservation Officer must have an interest, knowledge and a demonstrated background in the disciplines of architecture, history, urban planning, real estate, legal, archeology, or other disciplines related to historic preservation Historic Resources Survey A systematic, detailed examination of an area designed to gather information about historic properties sufficient to evaluate them against predetermined criteria of significance Home-Based Business A business, occupation, or profession conducted within a residential dwelling unit, including, but not limited to artists, online retailers, tax advisors, or travel agents Homeowners or Property Owners Association A formal nonprofit organization operating under recorded land agreements through which: Each lot or property owner in a specific area is automatically a member; and Each lot or property interest is automatically subject to a charge for a proportionate share of the expense for the organization's activities, such as the maintenance of common property; and The charge if unpaid, becomes a lien against the nonpaying member's property Hospital, Acute Care An institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life, and that is licensed by the State of Texas. Subsection Words and Terms Defined 425

436 226. Hospital, Chronic Care An institution where those persons suffering from illness, injury, deformity, deficiency or age are given care and treatment on a prolonged or permanent basis, and that is licensed by the State of Texas Hotel, Full Service A full service hotel is distinguished by the abundant provision of food and beverage services for guests and groups. Hotel of this type also have the ability to facilitate large meetings and special events, and generally have on-site restaurants, lounges, and meeting spaces. Spas, doormen, valet parking, extended room service, concierge services, and high-end restaurants are other distinguishing features of full-service hotels. Examples include: DoubleTree, Embassy Suites, Hilton, Marriott, Renaissance, Ritz- Carlton, W Hotels, and Westin Hotel, Limited Service A limited-service hotel is distinguished by simple guest services; or a hotel without restaurant and banquet facilities. Typical services offered by a limited-service hotel could be a business center, fitness room, laundry facility, and swimming pools. Examples include: Candlewood Suites, Comfort Inn, Fairfield Inn, Holiday Inn Express, Hampton Inn, La Quinta, Motel 6, SpringHill Suites, and Super Hotel, Select Service A select-service hotel is a hybrid between full service and limited service. Select service hotels generally have more in common with the limited-service hotels, but some features of a full-service hotel at a smaller scale. A select-service hotel might have a specialty restaurant, but only offer a limited menu and select days, or have small-scale meeting facilities. Examples include: Courtyard by Marriott, Wyndham Garden Inn, Hilton Garden Inn, Hyatt Place, Clarion, and Ramada HUD-Code Manufactured Home See Manufactured Home under the definition of Manufactured Housing Impervious Cover Roads, parking areas, buildings, swimming pools, rooftop landscapes, patios, and other impermeable construction covering the natural land surface Impervious Liner A liner that fluids may not pass through. The liner may be constructed of concrete or geomembrane. If geomembrane is used, suitable geotextile fabric shall be placed on the top and bottom of the membrane for puncture protection Improvement Any constructed fixed item that becomes part of or placed upon real property, see also Public Improvement Improvement Agreement Agreement between the City and a Subdivider, which includes provisions for construction of Public Improvements, City participation, pro rata agreements, escrow deposits, and other provisions for the development of land. (See C.) 235. Infrastructure All streets, alleys, sidewalks, storm drainage, water, and wastewater facilities, utilities, lighting, transportation, and other facilities as required by the City Innovative Residential Development A classification of residential development types that embody the objectives of the Comprehensive Plan, but require some level of unique discretionary review and code adjustments to meet those objectives. Such developments incorporate principles such as Clustering, Pocket Neighborhoods, Low Impact Design, and Traditional Neighborhood Design Institution for the Care of Alcoholic, Psychiatric, or Narcotic Patients An institution offering resident treatment to alcoholic, psychiatric, or narcotic patients. 426 Section 5. Definitions

437 238. Institutional Purpose Adopted October 2, 2017 Institutional purpose shall mean primary and secondary schools, churches, hospitals, institutions of higher education and any governmental purpose Integrity Authenticity of a property's historic identity, evidenced by survival of physical characteristics that existed during the property's historic or prehistoric period Inventory 241. Junk A list of historic properties that have been identified and evaluated as meeting specified criteria of significance. The term Junk is defined to mean and shall include scrap metals and their alloys, rags, used cloth, used rubber, used rope, used tinfoil, used bottles, old cotton, used machinery, used tools, used appliances, used fixtures, used utensils, used boxes or crates, used pipe or pipe fittings, used automobiles, used boats or airplanes, tires, and other manufactured goods that are so worn, deteriorated, or obsolete as to make them unusable in their existing condition, and subject to being dismantled for Junk Kindergarten A school or class of young children four (4) to six (6) years old that develops basic skills and social behavior by games, handicraft, and other means Kiosk A freestanding structure located within a pedestrian circulation area and used for the posting of notices or advertisements or the sale of food, flowers, newspapers, or other goods approved by the City Land Planner A person(s) other than Surveyors or Engineers who also possess and can demonstrate a valid proficiency in the planning of residential, commercial, industrial and other related developments; such proficiency often having been acquired by education in the field of landscape architecture or other specialized planning curriculum or by actual experience and practice in the field of land planning and who is a member of the American Planning Association Laundry, Commercial An industrial facility where fabrics are cleaned with substantially non-aqueous organic solvents on a commercial or wholesale basis Laundry, Dry Cleaning Drop-Off/Pick-Up 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, Self-Service A laundromat facility not exceeding four thousand (4,000) square feet in Floor Area where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron Letter of Final Acceptance Notification to an Applicant from the City Engineer that all improvements are completed, inspected, tested (if applicable), and determined by the City to be in conformance with this UDC and with the City s design/engineering standards and all improvements are accepted by the City or will be accepted contingent to the approval of a Final Plat Levee A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding Levee System A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. Subsection Words and Terms Defined 427

438 251. Library A resource center open to the public that typically contains collections of books, periodicals, films, and recorded music for its members to read, borrow, or refer to; in addition, these facilities often include computer/internet access, meeting room space, study rooms, and snack bars Light Industrial and Assembly Processes The fabrication, assembly, and packaging of finished products or parts, predominantly from previously prepared materials, but excluding basic industrial processing. Processes do not emit detectable dust, odor, smoke, gas or fumes beyond the bounding property lines of the lot or tract upon which the use is located and do not generate noise or vibration at the property boundary that is generally perceptible in frequency or pressure above the ambient level of noise in the adjacent areas. Differs from Heavy Industrial or Manufacturing Operations use classification due to the minimal impacts on surrounding properties Liquor Store Establishments engaged in the sale of alcoholic beverages for off-premises consumption Local Street 255. Lot See Street, Local. Land occupied or to be occupied by a building and its Accessory Structures, together with such open spaces as are required under this UDC, and having its principal frontage upon a street or officially approved place. Figure 71. Illustration of Lot Types 256. Lot, Corner A lot situated at the junction of two or more streets Lot Depth The mean horizontal distance from the front street line to the rear line Lot, Flag A lot located behind another lot connected to the street by an area narrower than the full lot width Lot Frontage The horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right-ofway. All sides of a lot that abuts a street shall be considered frontage. 428 Section 5. Definitions

439 260. Lot, Interior A lot that does not have side lot frontage on any street Lot Lines The lines bounding a lot as defined herein Lot of Record A lot that is part of a subdivision, a map of which has been recorded in the office of the County Clerk Lot, Through An interior lot having frontage on two streets. Such through lot shall provide a front yard on each street Lot Width The mean horizontal distance between side lines measured at right angles to the depth Low Impact Design Low Impact Design is an approach to land planning and engineering to promote green infrastructure. It emphasizes conservation and use of on-site natural features to protect storm water quality, alternative energy systems, water conservation, use of recycled materials, and other similar attributes in order to minimize the ecological footprint of a development Lowest Floor The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations 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 roads open to public traffic. The MUTCD is published by the Federal Highway Administration (FHWA) under 23 Code of Federal Regulations (CFR), Part 655, Subpart F Manufactured Home Park A unified development of Manufactured Home sites or lots that have been divided for the purpose of individual ownership or for rental or lease, and that is governed by the provisions of the Subdivision Regulations and Development Standards of the City Manufactured Home Sales The offering for sale, storage, or display of Manufactured Housing units on a parcel of land, but excluding the use of such facilities as dwellings either on a temporary or permanent basis Manufactured Housing Any one of three types of prefabricated housing products that are typically manufactured or assembled at a location other than the end user's permanent site, and that are regulated by the Texas Manufactured Housing Standards Act (Article 5221f and 5221f-1, V.A.C.S.) and the Texas Occupations Code Chapter Industrialized Housing and Buildings. For the purpose of this UDC, there are three types of manufactured homes: a. Mobile Home i. A mobile home is any manufactured home that was constructed prior to June 15, ii. As governed by the definition within the Texas Manufactured Housing Standards Act (Article 5221f), a movable dwelling designed to be transported on its own chassis on the highway (either intact or in major sections) by a prime mover, that is constructed with a base section so as to be independently self-supporting, and that does not require a permanent foundation for year-round living. b. Manufactured Home Subsection Words and Terms Defined 429

440 i. Manufactured Homes are regulated by HUD Code. A HUD-Code manufactured home is also defined as a movable manufactured home that was constructed after June 15, A HUD-Code manufactured home will display a red certification label on the exterior of each transportable section. ii. As governed by the definition within the Texas Manufactured Housing Standards Act (Article 5221f), a movable dwelling designed to be transported on the highway, either intact or in major sections, by a prime mover, that can be used as a residential dwelling either with or without a permanent foundation. c. Modular Home i. Modular Homes are regulated the same as a traditional home. Industrialized homes must meet all applicable local codes and zoning regulations that pertain to construction of traditional site constructed ("stick built") homes. See A.6 Modular Home. ii. 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.) Manufactured Home Park or Subdivision A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale Marquee A shelter projecting from and supported by the exterior wall of a building constructed of rigid materials on a supporting framework. A marquee is distinguished from a canopy in that a marquee is cantilevered, whereas a canopy is supported by posts or other devices beyond the building wall Masonry Masonry building materials are defined as follows: 274. Mean Sea Level a. Class 1: Masonry Construction Class 1: Masonry Construction shall include the following exterior construction materials: fired brick, veneer brick, natural and manufactured stone, granite, marble, Architectural Concrete Block (earth-tone coloring integrated into the masonry material), or tilt-wall replicating any of the aforementioned materials. b. Class 2: Masonry Construction Class 2: Masonry Construction shall include the following exterior construction materials: all Class 1: Masonry Construction, cement fiber board, and 3-step stucco process. c. Class 3: Masonry Construction Class 3: Masonry Construction shall include the following exterior construction materials: all Class 1: Masonry Construction, Class 2: Masonry Construction, and EIFS. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1988 or other datum, to which Base Flood Elevations shown on a community's Flood Insurance Rate Map are referenced Medical Clinic A group of offices for one or more physicians, surgeons, chiropractors, dentists, or other related healthcare professionals engaged in treating the sick or injured, but not including rooms for the abiding of patients Minor Plat A plat dividing land into no more than four (4) lots that meets the submission and approval requirements of Such plat may be approved by the Director of Planning. Such plat is also considered a Final Plat. 430 Section 5. Definitions

441 277. Mixed Use A development that integrates a variety of land uses typically including residential, office, and retail uses Mixed Use Building A structure that integrates a variety of uses typically including residential, office, and retail Modular Home See Modular Home under the definition of Manufactured Housing Monopole Tower Adopted October 2, 2017 A self-supporting tower facility composed of a single spire used to support telecommunication antennas. Monopole towers cannot have guy wires or bracing Movie Theatre or Cinema A specialized theater for showing movies or motion pictures Multitenant Center A commercial, office or industrial development where there are located several separate business activities having appurtenant shared facilities, such as driveways, parking and pedestrian walkways, and that is designed to provide a single area in which the public can obtain varied products and services. Distinguishing characteristics of a multitenant center may, but need not, include common ownership of the real property upon which the development is located, common wall construction, and multiple occupant use of a single structure Multi-Use Path A path in the public right-of-way that is physically separated from motor vehicle traffic by an open space or barrier primarily for use by bicyclists and pedestrians for transportation and recreation purposes National Register of Historic Places The nation s official list of buildings, districts, and sites (including structures and objects) significant in American history and culture, architecture, archeology, and engineering maintained by the National Park Service and administered on a state-wide basis by the Texas Historical Commission. Restrictions on these properties exist only when there is an undertaking that uses federal funds or that requires a federal permit or license Net Site Area Includes only the portions of a site that lie in an uplands zone and have not been designated for wastewater irrigation. Net site area is also the aggregate of: 100 percent of the land with a gradient of 15 percent or less; 40 percent of the land with a gradient of more than 15 percent and not more than 25 percent; and 20 percent of the land with a gradient of more than 25 percent and not more than 35 percent Net Site Depth The depth of all developable land Net Site Width The width of all developable land along fronting onto the primary street New Construction (Pertaining to Flooding) For the purpose of determining insurance rates, structures for which the "Start of Construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the ''Start of Construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures New Manufactured Home Park or Subdivision A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and Subsection Words and Terms Defined 431

442 290. Nit either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. A nit shall mean a measure of luminance with 1 nit equal to 1 candela per square meter (1cd/m2). An ordinary wax candle generates approximately one candela of luminance Nonconforming Lot A lot that is classified as legal nonconforming per Nonconforming Lots, Structures, and Uses Nonconforming Structure A structure that is classified as legal nonconforming per Nonconforming Lots, Structures, and Uses Nonconforming Use A use of land that is classified as legal nonconforming per Nonconforming Lots, Structures, and Uses Nondepository Financial Institution/Payday Lending Establishment This definition includes all uses addressed by Article 8.06 Nondepository Financial Institutions of the City s Code of Ordinances Nonresidential Use Any use other than a residential use Object A physical item associated with a specific setting or environment that is movable by nature or design, such as statuary in a designed landscape. The term object is used to distinguish from buildings and structures those constructions that are primarily artistic in nature or are relatively small in scale and simply constructed Octave Band A level of frequency measured in cycles per second detected by a Sound Level Meter used for measurement of noise. Noise consists of two characteristics frequency (octave bands) and loudness (decibels). Higher frequencies have a higher-pitched sound, while lower frequencies have lower-pitched sounds that are less noticeable to the human ear; therefore, lower octave bands can have higher decibels while producing an equivalent level of disturbance. See A Off-Site Facilities Any Distribution Main (Pertaining to Water Reuse) or Transmission Main as defined herein Office, Professional, Medical, or Business A room or group of rooms used for conducting the affairs of a business, profession, service industry, or government Official Submission Date A calendar of official submission dates for subdivision related Applications requiring Planning and Zoning Commission recommendation/approval and City Council approval pursuant to Texas Local Government Code Chapter 212 (if applicable) shall be published by the City thirty (30) calendar days prior to the beginning of each calendar year or within six (6) months after the adoption of this UDC. This calendar shall specify two official submittal dates for each month. All Applications delivered to the City on a date other than a scheduled date shall be dated received on the next official submittal date Official Vesting Date Pursuant to Texas Local Government Code Chapter 245, an Application or plan for development is considered filed on the date the Applicant delivers the Application or plan to the City or deposits the Application or plan with the United States Postal Service by certified mail addressed to the City. A certified mail receipt obtained by the Applicant at the time of deposit is prima facie evidence of the date the Application or plan was deposited with the United States Postal Service. Every Application or plan is subject to a determination of completeness by the Responsible Official for processing the Application pursuant to: 432 Section 5. Definitions a B. Determination of Completeness for Zoning-Related Applications, and b B. Determination of Completeness for Subdivision-Related Applications.

443 302. On-Site Facilities Adopted October 2, 2017 Any Reuse Water transport or distribution lines on the User (Pertaining to Water Reuse) s side of the Reuse Water meter. Onsite Reuse Water mains are built by the User (Pertaining to Water Reuse) and subject to permitting, the City s regulations and inspection and minimum standards of Chapter 210 of the TAC Onion Creek Watershed The land area that drains to Onion Creek Open Space Building An open space building includes decks, fountains, pavilion, picnic shelter, public art display, sport courts, terrace, playground equipment or other structures that add a recreational element to the primary use of the land Operated or Causes to be Operated Operated or causes to be operated means to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a use, whether or not that person is an owner, part owner, licensee, or manager of the establishment Order of Demolition An order issued by the Historic Preservation Commission indicating approval of plans for demolition of a designated landmark or property within a designated district Ordinary Maintenance Repair of any exterior or architectural feature of a landmark or property within a historic district which does not involve a change to the architectural or historic value, style or general design. In-kind replacement or repair is included in this definition of ordinary maintenance Ornamental Grasses Decorative grasses used in landscaping. See the Approved Plant List maintained by the Director of Planning Ornamental Tree A smaller tree intended to provide aesthetic benefit rather than significant shade. See the Approved Plant List maintained by the Director of Planning Outdoor Amenity Zone The portion of developable land that must be allocated for outdoor uses 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. For information regarding possible regulations, see Use Chart and Conditional Standards Outside Storage The continuous keeping or storage of any finished or unfinished goods, materials, merchandise, or equipment outside of a building for more than twenty-four (24) hours. For information regarding regulations, see Use Chart and Conditional Standards Overlay District Zoning, applied over one or more other districts, creates a second, mapped zone that is superimposed over the conventional zoning districts. Overlay district typically provide for a higher level of regulations in certain areas such as transit station areas, downtown areas, and historic districts, but may also be used to permit exceptions or less restrictive standards (fewer parking spaces in a downtown or transit station area, or more density in an economic development area). Subsection Words and Terms Defined 433

444 314. Owner The individual, corporation, partnership, or other legal entity in whom is vested the ownership, dominion, or title of property and who is responsible for payment of ad valorem taxes on that property; including a Lessor or Lessee if responsible for payment of ad valorem taxes Park, Playground, or Community Center, Public An open recreational facility or park owned and operated by a public agency such as the City or the School District, and available to the general public Parking Area, Public An open area other than a street, alley or place, used for temporary parking of more than four (4) self-propelled vehicles and available for public use, whether free, for compensation or as an accommodation for clients or customers Parking Setback The minimum amount of space required between a lot line and the parking area line Parking Space Open space or garage space reserved exclusively for the parking of a vehicle Parking Structure A structure devoted to the parking or storage of automobiles. May include, in the case of a Parking Structure only, a facility for servicing of automobiles, provided such facility is primarily an internal function for use only by automobiles occupying the structure and creates no special problems of ingress or egress Parks and Recreation Commission An advisory commission to the City Council on matters pertaining to the development, acquisition, construction, and general policy affecting parks and recreation Parkway Street See Street, Parkway Pavement Width The portion of a street available for vehicular traffic. Where curbs are laid, it is the portion between the face of the curbs Pawn Shop An establishment where money is loaned on the security of personal property pledged in the keeping of the owners (pawnbroker) PD Concept Design Map A map depicting the development plan for the area of a Planned Development (PD). A PD Concept Design Map combined with a PD Design Statement forms a Planned Development Master Plan. (See Planned Development (PD) Regulations and Procedures) 325. PD Design Statement A map depicting the development plan for the area of a Planned Development (PD). A PD Concept Design Map combined with a PD Design Statement forms a Planned Development Master Plan. (See Planned Development (PD) Regulations and Procedures) 326. Pedestrian Zone The area between the private lot line and the edge of the vehicular lane. A public frontage usually includes walkways, planters and lighting (i.e. such as the public sidewalk) Perimeter Street A street that abuts a parcel of land to be subdivided on one side. 434 Section 5. Definitions

445 328. Person Adopted October 2, 2017 Person means an individual, firm, association, organization, partnership, trust, foundation, company, or corporation Planned Development Master Plan The Planned Development Master Plan (which is submitted with the Application for rezoning) consists of a PD Design Statement and a PD Concept Design Map. (See Planned Development (PD) Regulations and Procedures) 330. Planning and Zoning Commission 331. Plat The Planning and Zoning Commission of the City. A map or chart of the subdivision, lot or tract of land. It shall include the term plan, plat or re-plat, in either singular or plural Plumbing or Heating/Cooling Store Establishments primarily engaged in retails sales of plumbing, heating, and air-conditioning equipment, including storage for ordinary repair, but without warehouse facilities or materials for contracting work Pocket Neighborhoods A type of planned community that consists of grouping of smaller residences, often around a courtyard or common garden, designed to promote a close knit sense of community and neighborliness with an increased level of contact. Considerations involved in planning and zoning pocket neighborhoods include reducing or segregating parking and roadways, the use of shared communal areas that promote social activities, and homes with smaller square footage built in close proximity to one another (high density). Features in the smaller homes are designed to maximize space and can use built in shelves and porch areas, encouraging time spent outside with a focal point around a greenspace (instead of parking areas) Point of Connection A location where Off-Site Facilities connect to On-Site Facilities and, unless otherwise set forth in the Reuse Water Service Agreement, is the point at the downstream end of the Water Department Reuse Water Service Point Recharge Feature A cave, sinkhole, fault, joint, or other natural feature that lies over the Edwards Aquifer recharge zone and that may transmit a significant amount of surface water into the subsurface strata Police, Fire, or Emergency Medical Services Station Protection centers operated by a governmental or other public agency, including administrative offices, storage of equipment, temporary detention facilities, and the open or enclosed parking of safety vehicles; excluding, however, correctional institutions Portable Building Sales A site on which factory-manufactured portable buildings or storage buildings are displayed and offered for sale or order to the general public 338. Pre-Application Meeting A voluntary meeting between the prospective Applicant and City staff to exchange information in a non-binding manner. See Subsection Pre-Application Meeting Preexisting Towers and Preexisting Antennas Any Tower or Antenna for which a building permit or Special Exception has been properly issued prior to the effective date of this Ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired Preliminary Drainage Plan This plan shows the watershed affecting the development and how the runoff from the fully-developed watershed will be conveyed to, through, and from the development. See I. Preliminary Drainage Plan. Subsection Words and Terms Defined 435

446 341. Preliminary Plat The graphic expression of the proposed overall plan for subdividing, improving and developing a tract shown by superimposing a scale drawing of the proposed land division on a topographic map and showing in plan view existing and proposed drainage features and facilities, street layout and direction of curb flow, and other pertinent features with notations sufficient to substantially identify the general scope and detail of the proposed development. The Preliminary Plat shall serve as a means for the City to review and study the proposed division of land or improvements. See Preliminary Utility Plan A plan detailing both Water Utility and Wastewater Utility requirements. See C. Preliminary Utility Plan Preservation The stabilization of an historic building, its materials and features in their present condition to prevent future deterioration. Preservation focuses on the maintenance and repair of existing historic materials and retention of a property's form as it has evolved over time. (Protection and Stabilization have now been consolidated under this treatment.) 344. Preservationist Someone with experience, education or training in the field of preservation Primary Street A street that is predominately bordered by front lot lines and which the front façade of a structure would normally face Principal Use The primary or predominant use of any lot or building Printing Press/Duplication Shop or Mailing Center An establishment in which the principal business consists of duplicating and printing services using photocopy, blueprint, or offset printing equipment, including publishing, binding, and engraving; or a commercial business that conducts the retail sale of stationery products, provides packaging and mail services (both U.S. Postal Service and private service), and provides mailboxes for lease Prisons or Detention Facilities Public or private facilities housing persons awaiting trial or persons serving a sentence after being found guilty of a criminal offense Progress towards Completion Progress towards completion of the project shall include any one of the following: a. An Application for a Final Plat or plan for development is submitted; b. A good-faith attempt is made to file with the City or County an Application for a permit necessary to begin or continue towards completion of the project; c. Costs have been incurred for developing the project including, without limitation, costs associated with roadway, utility, and other infrastructure facilities designed to serve, in whole or in part, the project (but exclusive of land acquisition) in the aggregate amount of five (5) percent of the most recent appraised market value of the real property on which the project is located; d. Fiscal security is posted with a regulatory agency to ensure performance of an obligation required by the regulatory agency; or e. Utility connection fees for the project have been paid to a regulatory agency Public Facilities for Local, State, or Federal Government Facilities such as office buildings, maintenance yards, equipment yards, service facilities, shops, water storage facilities, utility buildings and lines, etc. 436 Section 5. Definitions

447 351. Public Improvement Adopted October 2, 2017 Any Improvement, facility or service together with its associated public site, Right-of-Way or easement necessary to provide transportation, storm drainage, public or private utilities, parks or recreational, energy or similar essential public services and facilities, for which the City ultimately assumes the responsibility, upon a Letter of Final Acceptance being issued, for maintenance, operation, or ownership Radio or TV Station Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Excluded are facilities classified as major utility services or broadcasting or communication towers Reconstruction The act or process of reproducing by new construction the exact form and detail of a vanished building as it appeared at a specific period of time. A technique used earlier in the 20th century, reconstruction is rarely used today because of the preference to use limited financial resources to preserve existing historic buildings Record Drawings A group of drawings or plans that depicts the final configuration of the installed or constructed improvements of a development, improvements that have been verified by the contractor as their installation or construction occurs during development. The Record Drawings shall reflect the Construction Plans (or working drawings) used, corrected, or clarified in the field Record Plat See Final Plat Recorded Texas Historical Landmark A state designation for buildings important for their historical associations and which have retained a high degree of their original historic fabric. They must be at least 50 years of age and retain their original exterior appearance. State historical landmarks receive greater legal protection than National Register of Historic Places designations Recreational Vehicle A vehicle that is (1) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use Recreational Vehicle (RV) Park A parcel of land designed, improved, or intended to be used for short- or long-term occupancy by recreational vehicles (including travel trailers) in designated spaces. Facility may include a residence for the owner/manager of the premises, utility hook-ups, Accessory Structures, playgrounds and open space areas, fenced yard areas for pets, and other similar amenities Regularly Regularly means featuring, promoting, performing, permitting, doing or advertising an event or other happening or occurrence on a recurring or routine basis involving any length of time Regulating Plan A map that shows the location of areas subject to, or potentially subject to, regulation by this Form Based Code Regulatory Flood Datum An established plane of reference from which elevations and depth of flooding may be determined for specific locations of the floodplain. It is the water level of the base flood plus a freeboard factor of two feet. Base flood plus freeboard equals Regulatory Flood Datum Regulatory Floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Subsection Words and Terms Defined 437

448 363. Rehabilitation The act or process of returning a property to a state of utility through repair or alteration that makes possible an efficient contemporary use while preserving those portions or features of the property that are significant to its historical, architectural, and cultural values Replat The re-subdivision of any or part or all of any block or blocks of a previously platted subdivision, addition, lot or tract, that is beyond the definition of an Amending Plat and that does not require the vacation of the entire preceding plat. Such plat also conforms to Replat. A Replat can function as a Final Plat for a property Research and Development Laboratory (Life Sciences) A facility that includes laboratories and experimental equipment for medical testing, agricultural research, and biological research Research and Development Laboratory (Technology) A facility that includes laboratories and experimental equipment for prototype design, engineering, and product testing Residential District Residential district means a single family, patio home, duplex, townhouse, multifamily or mobile home zoning district as defined in the Zoning Regulations Residential Use Residential use means use of a structure as a residence Responsible Official The City staff person designated by the City Manager to accept a type of development Application for filing, to review and make recommendations concerning such Applications, and where authorized, to initially decide such Applications, to initiate enforcement actions, and to take all other actions necessary for administration of the provisions of development Applications Restaurant or Cafeteria, with Curb or Drive-Thru Service An establishment engaged primarily in the business of preparing food and purveying it on a self-serve or semi self-serve basis. Customer orders or service may be by means a window designed to accommodate automobile traffic. Consumption may be either on or off the premises Restaurant or Cafeteria, without Curb or Drive-Thru Service An establishment serving food to be consumed primarily while seated at tables or booths within a building Restoration Returning a property to a state indicative of a particular period of time in its history, while removing evidence of other periods Retail Store, Big Box Big Box uses are defined as single-tenant retail buildings over 70,000 square feet providing goods to the general public Retail Store, Shop An establishment engaged in the selling of goods and merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods Retaining Wall A non-building, structural wall supporting soil loads and live and dead surcharge loads to the soil, such as additional soil, structures and vehicles Reuse Water Wastewater that is collected through a City of Buda wastewater treatment plant(s), treated to a quality that meets or exceeds the TCEQ s authorization to the Hays County WCID No. 1 or TAC Chapter 210 requirements. 438 Section 5. Definitions

449 377. Reuse Water Distribution System Adopted October 2, 2017 The system of pipes and related facilities for the distribution, use, and sale of Reuse Water by the City or the City s contractors Reuse Water Service The furnishing of Reuse Water to a User (Pertaining to Water Reuse), through a metered connection, to On-Site Facilities Reuse Water Service Agreement A standard agreement, between a User (Pertaining to Water Reuse) and the City that establishes the conditions and terms for delivery and use of Reuse Water Reuse Water Service Area The territory within the City limits and within its extraterritorial jurisdiction (ETJ) as authorized by TCEQ, and as it may later be amended Right-of-Way A parcel of land occupied or intended to be occupied by a street or alley. A Right-of-Way may be used for other facilities and utilities, such as sidewalks, railroad crossings, electrical communication, oil or gas, water or sanitary or storm sewer facilities, or for any other use. The use of Right-of-Way shall also include parkways and medians outside of pavement. For platting purposes, the term Right-of-Way shall mean that every Right-of-Way shown on a Final Plat is to be separate and distinct from the lots or parcels adjoining such Right-of-Way and not included within the dimensions or areas of such lots or parcels Riverine Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc Rock/Crushed Rock Landscape Base Stone or crushed stone material used for landscaping 384. Rodeo A facility for the public performance featuring bronco riding, calf roping, steer wrestling, and bull riding Satellite Antenna An antenna, greater than one (1) meter in diameter, which enables the transmission of signals directly to and from satellites. Such antennas are commonly known as a satellite dish, dish antenna, parabolic antenna, or satellite earth station antenna Satellite Receive-Only Antenna An antenna, one (1) meter or less in diameter that enables the receipt of television signals transmitted directly from satellites to be viewed on a television monitor. Such antennas are commonly known as a satellite dish, television receive-only antenna, dish antenna, parabolic antenna, or satellite earth station antenna School, Career Career schools including programs such as dental assisting, pharmacy technician, nurse aide, veterinary assistant, etc School, Private or Public Includes all school facilities providing K-12 education (Kindergarten, elementary, middle school, high schools) Seamstress or Tailor Shop Establishments primarily engaged in manufacturing or modifying clothing Seasonal Sales A standalone use for temporary retail sales of seasonal items, such as Christmas trees or pumpkins. This use is different from Outside Display because it is the primary use of the property Secondary Street A street not predominately bordered by front lot lines. Subsection Words and Terms Defined 439

450 392. Secretary of the Interior Standards for Rehabilitation The standards established by the Secretary of the Interior for advising federal agencies on the preservation/ rehabilitation of historic properties listed or eligible for listing on the National Register of Historic Places Setback The minimum amount of space required between a lot line and a building line Setback Line A line within a lot, parallel to and measured from a corresponding lot line, establishing the minimum required yard and governing the placement of structures and uses on the lot Shade Tree A plant having at least one well-defined stem or trunk at least three (3) inches in caliper and has a canopy that screens and filters the sun. See the Approved Plant List maintained by the Director of Planning Sharrow A shared lane marking (double-chevron and bicycle) on a lane of a paved road's surface indicating that bicyclists may use any portion of the full width of the lane. See the Manual on Uniform Traffic Control Devices (MUTCD) Shoe Repair Shop An establishment with the principal business of repairing shoes 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 Short-Term Residential Rental A residential unit offered for rental to guests for residential purposes for a period of one (1) to thirty (30) nights. Examples include, but are not limited to, Airbnb, Vacation Rentals by Owner, HomeAway, and other brokers. Such rentals may include a shared room, a single room, or the entire dwelling unit. These uses are conducted by the homeowner or tenant, not by a hotel or other business Shrubs Woody plants that usually remain low and produces shoots or trunks from the base; it is not usually tree-like or single-stemmed. See the Approved Plant List maintained by the Director of Planning Sign, Abandoned A sign for which no legal owner can be found 403. Sign, Animated A sign that has any visible moving part, flashing or osculating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means that move, change, flash, osculate or visibly alters in appearance in a manner that is not otherwise permitted by these regulations Sign, Awning A sign that is printed on any of the surfaces of a fabric awning, and which may include an under-awning sign attached to and mounted under the awning. 440 Section 5. Definitions

451 405. Sign, Banner Adopted October 2, 2017 Any sign of lightweight fabric or similar material that is mounted to a building, poles, railings or other structural parts of the building with or without frames. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners Sign, Building Marker Any sign cut into a masonry surface of a building or made of bronze or other permanent material 407. Sign, Building Any sign attached to any part of a building, as contrasted to a freestanding sign 408. Sign, Canopy A sign attached above, below or to the face of a canopy, and which may include an under-canopy sign attached to and mounted under the canopy. A marquee is not a canopy Sign, Changeable Copy A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign designed or operated in such a way to allow the display to change electronically is an electronic message sign or a CEVMS and not a changeable copy sign for the purposes of this Code Sign, Changeable Electronic Variable Message Any sign which permits light to be turned on or off intermittently or which operate in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including an electronic message sign, a light emitting diode (LED) or digital sign and which varies in intensity or color. A CEVMS sign does not include a sign located within the right-of-way that functions as a traffic device and that is described and identified in the Manual on Uniform Traffic-Control Devices approved by the Federal Highway Administrator as the National Standard Sign, Dilapidated Any sign that has become or has been caused to become partially ruined and in need of repairs, as through neglect Sign, Drive-Thru or Drive-In A sign erected in conjunction with a use that incorporates a drive-thru or drive-in, placed adjacent to a drive-thru lane or drivein parking space Sign, Electronic Message A sign that includes provisions for programmable electronic message changes Sign, Freestanding Any sign supported by structures or supports that are placed on, or anchored in the ground and that are independent from any building or other structure. Types of Freestanding Signs may include Pole and Pylon Signs and Monument Signs, among others Sign, Human A sign carried or worn by a person, whether on public or private property Sign, Incidental A directional or way-finding sign, secondary to the use of the zone lot on which it is located, such as no parking, entrance, loading only, telephone, and other similar directives without a commercial message 417. Sign, Inflatable (including Tethered Balloons) An object enlarged or inflated which floats, is tethered in the air, is activated by air or moving gas, or is located on the ground or on a building with or without copy or other graphic Sign, Marquee Any sign attached to, in any manner, or made a part of a marquee. A marquee sign is not a suspended sign. Subsection Words and Terms Defined 441

452 419. Sign, Monument A Freestanding Sign attached to a pedestal or perimeter wall Sign, Moving A sign having visible moving, revolving, or rotating parts, or visible mechanical movement of any kind, except for the movable hands on street clocks, or other apparent visible movement achieved by electrical, electronic, wind actuation or mechanical means, except for time/temperature/date signs Sign, Nonconforming Any sign that was erected or permitted prior to the adoption date of this chapter, and that does not conform to the provisions of this code 422. Sign, Obscene A sign displaying any matter in which the dominant theme of the material taken as a whole appeals to the prurient interest in sex, or is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters, and is utterly without redeeming social value, which the erection or display violates Texas Penal Code Chapter Disorderly Conduct Sign, Off-Premises Any sign that advertises a commercial message regarding a commercial activity not located on the premises where the sign is installed and maintained, or that directs persons to a location other than the premises where the sign is installed and maintained Sign, On-Premises Any sign that advertises a commercial message on the premises where the sign is installed and maintained when such premises is used for business purposes Sign, Pole and Pylon A freestanding sign supported by a single or multiple poles, which may include an exposed pole or concealed support Sign, Portable Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; and umbrellas used as advertising Sign, Projecting Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall Sign, Residential Any sign located in a district zoned for residential uses that contains no commercial message Sign, Roof Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and extending vertically above the highest portion of the roof Sign, Sidewalk A special type of temporary sign intended to be viewed from the pedestrian realm Sign, Snipe A sign posted on a utility pole, street sign or other street furniture; or any other sign placed within a public right of way or public property or on private property such that it is visible from a public right of way or public property. This includes signs with wood or wire framing, posts or stakes, as well as signs tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, fences or other objects. 442 Section 5. Definitions

453 432. Sign, Hanging Adopted October 2, 2017 A two-sided sign that is suspended from the underside of a horizontal plane surface and is supported by such surface. A hanging sign is not a marquee sign Sign, Temporary Any sign that is used only temporarily and is not permanently mounted Sign, Wall Any sign attached parallel to, but within six inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, that is supported by such wall or building, and that displays only one sign surface Sign, Window 436. Site Any sign, pictures, symbol, or combination thereof, designed to communicate a commercial message that is placed inside a window or upon the window panes or glass, and is visible from the exterior of the window. The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historical, cultural, or archeological value regardless of the value of any existing structure Site Plan A Site Plan is a detailed, scaled drawing of all surface improvements, structures, and utilities proposed for development Sketch Plan A sketch or informal plan prepared prior to the preparation of the Preliminary Plat or Site Plan describing the proposed design of the subdivision or site to be reviewed during the pre-application review process 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 Small Wind Energy Systems A wind energy conversion system consisting of a wind turbine, a tower and associated control or conversion electronics which will be used to reduce on-site consumption of utility power Special Flood Hazard Area See Area of Special Flood Hazard Specific Use Permit An approval for a specific use that has been determined to be more intense or to have a potentially greater impact than a use permitted-by-right within the same zoning district. See Specific Use Permit (SUP) Regulations and Procedures Stable, Boarding A stable and related open pasture where horses are quartered for owners on a fee basis Stable, Commercial An establishment where horses are kept and rented to the general public for riding Stadium or Play Field An athletic field or stadium owned and operated by a public agency for the general public including a baseball field, golf course, football field or stadium. Subsection Words and Terms Defined 443

454 446. Start of Construction (For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L ), includes substantial improvement and means the date the building permit was issued, provided the actual Start of Construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual Start of Construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building State Antiquities Landmark A designation made by the Texas Historical Commission and, in the case of privately owned property, with the landowner s permission. This designation can include buildings as well as archeological sites. For a building to be designated as a State Antiquities Landmark, it must first be listed on the National Register of Historic Places. Damage to a State Antiquities Landmark is subject to criminal, not civil, penalties State Historic Preservation Office (SHPO) The State Office responsible for administering federal historic preservation programs as defined in the National Historic Preservation Act of 1966 as amended and subsequent legislation. The Executive Director of the Texas Historical Commission serves as SHPO for the State of Texas Stealth Facility Stealth is a generic term describing a method that would hide or conceal an antenna, supporting electrical or mechanical equipment, or any other support structure that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible to the surrounding neighborhood. Stealth facilities may include totally enclosed antennas, wireless facilities that replicate or duplicate the construction of common structures such as flagpoles, Alternative Tower Structures, and camouflaged wireless facilities that are constructed to blend into the surrounding environment Storage Facilities (Pertaining to Water Reuse) Impoundment or structural tanks that receive and store Reuse Water Storage Units, Mini A building(s) containing separate, individual self-storage units for rent or lease. The conduct of sales, business, or any activity other than storage does not occur within any individual storage unit Storefront 453. Story Storefronts are defined as the part of the building that fills the structural bay on the front façade at ground level. That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. It is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters Street A public Right-of-Way that provides vehicular traffic access to adjacent lands Street, Arterial An Arterial Street as indicated by the Buda Transportation Master Plan Street, Collector A Collector Street as indicated by the Buda Transportation Master Plan. 444 Section 5. Definitions

455 457. Street, Local A Local Street as indicated by the Buda Transportation Master Plan Street, Parkway A Parkway Street as indicated by the Buda Transportation Master Plan Street Width The shortest distance between the property or easement lines that delineate the Right-of-Way of a street Structural Alterations Any change in any supporting member of a building, such as a bearing wall, column, partition, beam, or girder, or a change in the pitch or height of the roof Structure A term used to distinguish specific types of functional constructions from buildings that are usually made for purposes other than creating shelter. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home Subdivider Any person or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision. In any event, the term subdivider shall be restricted to include only the owner, equitable owner or authorized agent of such owner or equitable owner, of land to be subdivided Subdivision The division of a tract or parcel of land into two or more parts or lots for the purpose, whether immediate or future, of sale or building development or transfer of ownership with the exception of transfer to heirs of an estate, and shall include resubdivision. Any other subdivision or re-subdivision of land contemplated by the provisions of Chapter 212, Local Government Code Subdivision Waiver See Waiver (Subdivision), see Substantial Damage Damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed 50 percent of the fair market value of the structure before the damage occurred. Substantial damage is cumulative of the total value of restorations from all flood events to that structure Substantial Improvement 467. SUP Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before "Start of Construction" of the improvement. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either: See Specific Use Permit Surveyor a. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or b. Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure." A licensed State Land Surveyor or a Registered Public Surveyor, as authorized by the State to practice the profession of surveying. Subsection Words and Terms Defined 445

456 469. Tattoo Studio A commercial use involving the marking of skin of persons with a design by a process of pricking or ingraining an indelible pigment or by raising scars, or similar method Taxi Garage or Dispatch A service that offers transportation in passenger automobiles and vans to persons including those who are handicapped in return for remuneration. The business may include facilities for servicing, repairing, and fueling the taxicabs or vans TCEQ Texas Commission on Environmental Quality and its successor agencies 472. Telecommunications Tower Any structure that is designed and constructed for the purpose of supporting one or more antennae used for the provision of commercial wireless telecommunications services. This definition includes monopole towers, alternative mounting structures or any other vertical support used for wireless telecommunications antennae. This definition does not include commercial radio or television towers; nor does it include such things as Satellite Receive Only Antenna or Amateur Radio Antennas Telecommunications Tower Facility A facility that contains a telecommunications tower and equipment storage building or structure Telephone Exchange (No Offices or Storage Facilities) A building used exclusively for the transmission and exchange of telephone messages, but the term shall not include wireless service towers Temporary Building A temporary, modular structure or shelter used in connection with the construction of a development or building project, or for the temporary placement of offices, classrooms, or similar purposes. See Use Chart and Conditional Standards Thoroughfare See Arterial Street Traditional Neighborhood Design Traditional Neighborhood Development, or TND, also known as a village-style development, includes a variety of housing types, a mixture of land uses, an active center, a walkable design and often a transit option within a compact neighborhood scale area. TNDs can be developed either as infill in an existing developed area or as a new large scale project. A TND includes a range of housing types, a network of well-connected streets and blocks, a variety of public spaces, and amenities such as stores, schools and places of worship within walking distance of residences. TND reflects an approach to development common prior to World War II Trailer A portable dwelling unit designed to move on wheels from location to location by automobile or truck Transmission Main A Reuse Water main including pumping and monitoring facilities Transparency Glass or other transparent or translucent materials that are installed on the exterior façade Transportation Master Plan The plan that guides the development of adequate circulation within Buda, and connects the Buda street system to regional traffic carriers. Also, referred to as the Thoroughfare Plan Travel Lane A lane used for the movement of vehicles traveling from one destination to another, not including shoulders. 446 Section 5. Definitions

457 483. Tree Caliper Adopted October 2, 2017 Diameter of a tree measured at four (4) feet above finished grade. For multi-trunk species, caliper measurement will be based on the diameter of the main trunk plus one-half (1 2) of the diameter of the remaining trunks measured at the same height Turf Grass Grassy groundcovering used for landscaping. See the Approved Plant List maintained by the Director of Planning TV Antenna 486. UDC An antenna that enables the receipt of television signals transmitted from broadcast stations. See Unified Development Code Underground Storage Tank Any one or combination of underground tanks and any connecting underground pipes used to contain an accumulation of regulated substances, the volume of which, including the volume of the connecting underground pipes, is 10% or more beneath the surface of the ground. See Texas Administrative Code Title 30 Environmental Quality Unified Development Code The adopted Unified Development Code (UDC) of the City, as may be amended in the future, and may be referred as this Ordinance Upland Zones All land and waters not included in a critical water quality zone or a water quality transition zone User (Pertaining to Water Reuse) A private party to a Reuse Water Service Agreement with the City Utility Easement See Easement Vertical Clearance A space left open and unobstructed by fences, structures, shrubs, trees or other plant life along streets at the corner in front of the building line of lots contiguous to intersecting streets Vested Rights Petition A request for relief from any standard or requirement of the UDC s Zoning Regulations or Subdivision Regulations and Development Standards based on an assertion that the Applicant (petitioner for relief) has acquired a vested right under previous regulations. Such petition are regulated under Zoning Vested Rights Petition and Subdivision Vested Rights Petition Violation (Flood Protection) The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the Elevation Certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) of the National Flood Insurance Program is presumed to be in violation until such time as that documentation is provided Waiver (Antennas) A grant of relief from the antenna location regulations. See Antenna Location Waiver Waiver (Flood Protection) A grant of relief by a community from the terms of a floodplain management regulation. See D. Waiver Procedures. (For full requirements, see Section 60.6 of the National Flood Insurance Program regulations. Also referred to as a variance.) Subsection Words and Terms Defined 447

458 497. Waiver (Subdivision) A change to the standards or intent of the UDC s Subdivision Regulations and Development Standards, which involves Planning and Zoning Commission and City Council approval. See Petition for Subdivision Waiver Water Department The City of Buda s Water Department Water Surface Elevation The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas Water Quality Control A structure, system, or feature that provides water quality benefits by treating stormwater run-off. These are also referred to as best management practices or BMPs Warehouse Facilities characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or nuisances such as dust, noise, and odors, but not involved in manufacturing or production Wetland A transitional land between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water, and conforms to the Army Corps of Engineers' definition Wholesale Center An establishment or place of business primarily engaged in selling or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users; and to other wholesalers Winery, Macro An establishment that produces at least 250,000 gallons of wine, which may be consumed on or off site. Such businesses hold a Winery Permit (G) and are regulated by the Texas Alcoholic Beverage Commission Winery, Micro An establishment that produces up to 250,000 gallons of wine, which may be consumed on or off site. Such businesses hold a Winery Permit (G) and are regulated by the Texas Alcoholic Beverage Commission Woodworking and Planing Mill Establishments with dust and noise control and primarily engaged in one or more of the following: 448 Section 5. Definitions a. Manufacturing dimension lumber from purchased lumber; b. Manufacturing dimension stock (i.e., shapes) or cut stock; c. Re-sawing the output of sawmills; and d. Planning purchased lumber. These establishments generally use woodworking machinery, such as jointers, planers, lathes, and routers to shape wood Wrecking or Auto Salvage Yard A yard or building where automobiles or machinery are stored, dismantled or offered for sale as whole units, as salvaged parts or as processed metal Yard An open space other than a court, on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein. In measuring to determine the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used.

459 509. Yard, Front A yard across the full width of a lot extending from the front line of the main building to the front street line of the lot. Figure 72. Front Yard Determination 510. Yard, Rear A yard extending across the full width of the lot and measured between the rear line of the lot and rear line of the main building, except that area included in the side yard as defined below Yard, Side A yard between the building and the side line of the lot and extending from the front yard to the required minimum rear yard Zoning A police power measure, enacted by a municipality, including the City, in which the community is divided into districts or zones within which permitted and special uses are established as are regulations governing lot size, building bulk, placement, and other development standards Zoning District Map The official certified map upon which the boundaries of the various zoning districts are drawn and that is an integral part of the UDC, which may also be cited as the Zoning Map. See Official Zoning District Map Zoning Special Exception See Zoning Special Exception Zoning Variance See Zoning Variance. Subsection Words and Terms Defined 449