§ 25-1-21. DEFINITIONS.

Unless a different definition is expressly provided, in this title:

(1)

ACCESSORY, when used as an adjective to describe a land use, means incidental to, and customarily associated with, a principal use.

(2)

ACCOUNTABLE OFFICIAL means the City officer or employee designated by this title or the city manager with a particular administrative or enforcement responsibility.

(3)

ADVISORY BODY means a City board, commission, or other appointed body that does not make a final decision and whose review is not required by state law.

(4)

AGGREGATE means creating a site on which a structure has been built across two or more lots, at least one of which is substandard.

(5)

AGRICULTURAL OPERATIONS means:

(a)

producing crops for human food, animal feed, planting seed, or fiber;

(b)

floriculture, viticulture, horticulture, or silviculture;

(c)

raising or keeping livestock or poultry;

(d)

wildlife management; and

(e)

planting cover crops or leaving land idle for the purpose of participating in any governmental program or normal crop or livestock rotation procedure.

(6)

AMPHITHEATER means an outdoor or open-air structure or manmade area specifically designed and used for assembly of 50 or more people and the viewing of an area capable of being used for entertainment and performances.

(7)

APPROVAL means:

(a)

a final decision granting or approving an application; or

(b)

an approval granted subject to modifications or conditions.

(8)

APPROVAL AUTHORITY means the City officer, employee, or body charged with reviewing and determining whether to approve an application.

(9)

ATTACHED, when used with reference to two or more buildings, means having one or more common walls or being joined by a covered porch, loggia, or passageway.

(10)

BASE DISTRICT means a zoning district established by this chapter to prescribe basic regulations governing land use and site development.

(11)

BLOCK means one or more lots, tracts, or parcels of land bounded by streets, railroads, or subdivision boundary lines.

(12)

BUFFER ZONE means a strip of land used to separate one land use from another incompatible land use.

(13)

BUILDING COVERAGE means the area of a lot covered by buildings or roofed areas, but excludes ground level paving, landscaping, open recreational facilities, incidental projecting eaves, balconies, and similar features.

(14)

BUILDING LINE means a line beyond which a building must be set back from the street line.

(15)

BUILDING SERVICE EQUIPMENT means plumbing, mechanical, electrical, and elevator equipment necessary for the occupancy or use of a structure.

(16)

CARPORT means a roofed space used as shelter for a parked vehicle.

(17)

CHANGE, when used in reference to a land use, means the replacement of an existing use with a new use, or a change in the nature of an existing use. A change of ownership, tenancy, name, or management, or a change in product or service within the same use classification where the previous nature of the use, line of business, or other function is substantially unchanged is not a change of use.

(18)

COLLECTOR STREET means a street collecting traffic from other streets and serving as the most direct route to a thoroughfare.

(19)

COMBINING DISTRICT means a zoning district established by this title to prescribe regulations to be applied to a site in combination with regulations applicable to a base district.

(20)

COMMON AREA means an area held, designed, or designated for the common use of the owners or occupants of a townhouse project, planned unit development, apartment, condominium, mobile home park, or subdivision.

(21)

COMMON SIDE LOT LINE means a side lot line between two or more lots.

(22)

COMPREHENSIVE PLAN means the plan adopted by the city council in accordance with Article X, Section 5, of the City Charter.

(23)

CONDEMNATION includes a purchase or donation of property under the threat of condemnation, but excludes a dedication of property as a condition of zoning, subdivision, site plan, or building permit approval.

(24)

CONDITIONAL USE means a use that is allowed on a discretionary and conditional basis in accordance with the conditional use process established in Chapter 25-5 ( Site Plans ).

(25)

CONTRACTOR means a person employed by an owner to develop property.

(26)

CORNER LOT means a lot located at the intersection of two streets, or of two segments of a curved street, forming an angle of not more than 135 degrees.

(27)

CURB means a vertical sloping structure located along the edge of a roadway, normally constructed integrally with the gutter, that strengthens and protects the pavement edge and clearly defines the pavement edge.

(28)

DENIAL means a final decision denying an application.

(29)

DESIRED DEVELOPMENT ZONE means the area not within the drinking water protection zone.

(30)

DEVELOPMENT means the construction or reconstruction of a building or road; the placement of a structure on land; the excavation, mining, dredging, grading, or filling of land; the removal of vegetation from land; or the deposit of refuse or waste on land. Development does not include:

(a)

lawn and yard care, including mowing, gardening, tree care, and maintenance of landscaped areas;

(b)

removal of trees or vegetation damaged by natural forces;

(c)

removal of vegetation or cultivation of the soil for agricultural operations, unless prohibited by Subsection 25-8-321(B) ( Clearing of Vegetation ); or

(d)

the repair, maintenance, or installation of a utility, drainage or street system that does not disturb land or increase impervious cover.

(31)

DIRECTOR, when used without a qualifier, means the director of the Watershed Protection and Development Review Department or the director's designee.

(32)

DOMINANT SIDE YARD, when used in reference to a small lot, means the side yard having the larger width.

(33)

DRINKING WATER PROTECTION ZONE means the areas within the Barton Springs Zone, the Barton Creek watershed, all water supply rural watersheds, and all water supply suburban watersheds, as described in Section 25-8-2 ( Descriptions Of Regulated Areas ), that are in the planning jurisdiction.

(34)

DRIPLINE, when used in reference to a tree, means a line on the ground encircling the tree that is directly beneath the outermost portion of the tree canopy.

(35)

DRIVE-IN SERVICE means the sale of products or the provision of services to occupants in vehicles.

(36)

DRIVEWAY means a surfaced area providing vehicular access between a street and an off-street parking or loading area.

(37)

DRIVEWAY APPROACH means an area between the roadway and private property designed for and intended to provide vehicular access from the roadway to private property.

(38)

DWELLING UNIT means a residential unit other than a mobile home providing complete, independent living facilities including permanent provisions for living, sleeping, eating, and cooking.

(39)

EFFICIENCY, when used in reference to a dwelling unit, means a dwelling unit containing not more than 400 square feet of floor area, and not having a bedroom or sleeping area separate from the principal living area.

(40)

ENCLOSED means a roofed or covered space fully surrounded by walls, including windows, doors, and similar openings or architectural features, or an open space of less than 100 square feet fully surrounded by a building or walls exceeding eight feet in height.

(41)

FLAG LOT means a lot that abuts a street by means of a strip of land that does not comply with the requirements of this chapter for minimum lot width.

(42)

FLOOR AREA RATIO means the ratio of gross floor area to gross site area.

(43)

FRONT LOT LINE means:

(a)

for an interior lot, the lot line abutting the street;

(b)

for a corner lot, the lot line designated as the front lot line by a subdivision or parcel map, or, if none, the shorter lot line abutting a street;

(c)

for a through lot, the lot line abutting the street that provides the primary access to the lot; and

(d)

for a flag lot, the lot line designated as the front lot line by a subdivision or parcel map, or if none, the line determined by the building official to be the front lot line.

(44)

FRONT YARD means a yard extending the full width of a lot between the front lot line and the front setback line.

(45)

GRADE means the horizontal elevation of a finished surface.

(46)

GROSS FLOOR AREA means the total enclosed area of all floors in a building with a clear height of more than six feet, measured to the outside surface of the exterior walls. The term includes loading docks and excludes atria airspace, parking facilities, driveways, and enclosed loading berths and off-street maneuvering areas.

(47)

GROSS SITE AREA means the total site area.

(48)

GUTTER means a shallow water drainage area adjacent to a curb.

(49)

HEIGHT, when used in reference to a building, means the vertical distance from the average of the highest and lowest grades adjacent to the building to:

(a)

for a flat roof, the highest point of the coping;

(b)

for a mansard roof, the deck line;

(c)

or a pitched or hip roof, the average height of the highest gable; or

(d)

for other roof styles, the highest point of the building.

(50)

HILL COUNTRY ROADWAY means a roadway described in Chapter 25-2, Subchapter C, Article 11 ( Hill Country Roadway Requirements ).

(51)

HILL COUNTRY ROADWAY AREA means an area described in Chapter 25-2, Subchapter C, Article 11 ( Hill Country Roadway Requirements ).

(52)

HISTORIC DISTRICT means an area included in a historic area (HD) combining district.

(53)

HISTORIC LANDMARK means a structure or site designated as a historic landmark (H) combining district.

(54)

INTERESTED PARTY means a person who meets the criteria established by Section 25-1-131 ( Interested Parties ).

(55)

INTERIOR LOT means a lot other than a corner lot.

(56)

INTERIOR LOT LINE means a lot line not abutting a street.

(57)

INTERIOR YARD means a yard, not adjacent to a street, that is determined on the basis of an interior lot line.

(58)

INTERNAL STREET means a private street in a mobile home park, planned unit development, planned development area, or other similar development.

(59)

LAND USE COMMISSION means the Planning Commission or the Zoning and Platting Commission, as determined in accordance with Section 25-1-46 ( Land Use Commission ).

(60)

LANDSCAPED AREA means an area devoted to plant material, planters, brick, stone, water, aggregate, and other landscape features, excepting smooth concrete or asphalt, where the use of inorganic materials does not predominate over the use of plants.

(61)

LARGE LOT means a lot of at least 10,000 square feet.

(62)

LOADING SPACE means an area used for loading or unloading goods from a vehicle in connection with the use of the site on which the loading space is located.

(63)

LOCAL STREET means a street that serves traffic within a neighborhood or limited residential district, and which is not necessarily continuous through several residential districts.

(64)

LOT means:

(a)

a parcel of real property with a unique designation shown on a plat, record of survey, parcel map, or subdivision map recorded in the office of the County Clerk; or

(b)

a parcel of real property established under zoning or subdivision regulations.

(65)

LOT LINE means a line or series of connected line segments bounding a lot.

(66)

MAINTENANCE EASEMENT, when used in reference to a small lot, means an easement granted by the owner of one lot to the owner of an adjoining lot for maintenance of a dwelling within five feet of a common side lot line.

(67)

MIRRORED GLASS means glass with a reflectivity index greater than 20 percent.

(68)

MOBILE HOME means a movable dwelling constructed on a chassis, designed for use without a permanent foundation, and designed to be connected to utilities. The term excludes manufactured modular housing designed to be set on a permanent foundation and recreational vehicles.

(69)

MOBILE HOME PARK means a unified development of mobile home spaces for rent or lease, including common areas and facilities for management, recreation, laundry and utility services, storage, and similar services for the convenience of residents.

(70)

MUNICIPAL UTILITY DISTRICT means a district created under Chapters 50 and 54 of the Texas Water Code.

(71)

NEIGHBORHOOD ORGANIZATION means a an association that has registered as a neighborhood organization under this title.

(72)

NOTICE OWNER means the owner of real property as shown on the records of the tax appraisal district in the county in which the property is located.

(73)

(RESERVED)

(74)

PARKING FACILITY means an area on a site for one or more off-street parking spaces together with driveways, maneuvering areas, and similar features, excluding commercial off-street parking and private garages.

(75)

PARKING SPACE means an area designated for parking a motor vehicle, excluding an area in a public right-of-way.

(76)

PARKING STRUCTURE means a building that includes five or more off-street parking spaces together with driveways, maneuvering areas, and similar features.

(77)

PEDESTRIAN WAY means the portion of a street right-of-way not used for a roadway.

(78)

PERMITTED USE means a use of property authorized by this title.

(79)

PLANNED DEVELOPMENT AREA means a combining district authorized by this chapter or an area subject to a planned development area agreement approved by the City.

(80)

PLANNED UNIT DEVELOPMENT means land developed as a single unit under unified control.

(81)

PLANNING JURISDICTION means the city and its extraterritorial jurisdiction.

(82)

PRELIMINARY PLAN means a map or drawing of a proposed plat, intended for consideration by the Land Use Commission or the city council in accordance with the requirements of this title.

(83)

PRINCIPAL BUILDING ENTRANCE means the primary building entrance where the majority of the public enters the building and which is open during all business hours, excluding secondary access through an attached parking garage. For mixed use development in a multi-tenant building, the entrance to each use at the tenant's outside entrance is considered a principal building entrance.

(84)

PRINCIPAL USE means the primary function of a site, building, or facility.

(85)

PRIVATE COMMON OPEN SPACE means a privately-owned outdoor or unenclosed area, located on the ground or on a roof, balcony, deck, porch, or terrace, designed and accessible for outdoor living, recreation, pedestrian access, or landscaping, and intended for use by the residents, employees, and/or visitors to a development.

(86)

PRIVATE PERSONAL OPEN SPACE means a privately-owned outdoor or unenclosed area, located on the ground or on a roof, balcony, deck, porch, or terrace, designed and accessible for outdoor living, recreation, pedestrian access, or landscaping, and intended for use solely by the individual residents of a condominium or multifamily dwelling unit.

(87)

PROPERTY means real property.

(88)

QUEUE LINE means an area for temporary parking of motor vehicles while awaiting service or other activity.

(89)

QUEUE SPACE means a space for a motor vehicle in a queue line.

(90)

REAR LOT LINE means the lot line that does not intersect the front lot line, or that is determined in accordance with Section 25-1-22 ( Measurements ).

(91)

REAR YARD means a yard extending the full width of a lot between the rear lot line and the rear setback line, excluding any area located within the street side yard of a corner lot.

(92)

RECORD OWNER means the owner of real property as shown by the deed records of the county in which the property is located.

(93)

RECREATIONAL VEHICLE means a vehicle or trailer designed for temporary dwelling or recreational purposes, and includes travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks and buses, boats, and boat trailers.

(94)

RELEASE means:

(a)

the written certification of the director that a site plan has been approved, that the site plan complies with this title, and that the conditions of approval for the site plan have been satisfied; or

(b)

the written certification of the director and the presiding officer of the Land Use Commission, that a plat has been approved, that the plat complies with this title, and that the conditions of approval for the plat have been satisfied.

(95)

RESPONSIBLE DIRECTOR means:

(a)

the director of the Watershed Protection and Development Review Department or the director's designee; or

(b)

the director of the Planning and Development Review Department or the director's designee for responsibilities arising under:

(i)

Chapter 25-2, Subchapter A, B, or D; or

(ii)

Chapter 25-3, except Article 3.

(96)

REVISION means a change in an approved or released plan that is initiated by an applicant.

(97)

RIGHT-OF-WAY means land dedicated or reserved for streets, utilities, or other public facilities.

(98)

ROADWAY means the portion of a street right-of-way used for vehicular travel.

(99)

SCREENED means hidden from the view of a person standing at ground level on an abutting site by an architectural or landscape feature that is, or will grow to, at least six feet in height.

(100)

SECURE means either in a dedicated locked room, an area enclosed by a fence with a locked gate, and/or within 100 feet of a permanent security guard station. For residential use enclosed private garage space is considered to be secure.

(101)

SETBACK LINE means a line within a lot parallel to and measured from a corresponding lot line, forming the boundary of a yard and governing the placement of structures and uses on the lot.

(102)

SIDE LOT LINE means a lot line intersecting the front lot line and extending a minimum distance of 75 feet.

(103)

SIDEWALK means the paved portion of a pedestrian way.

(104)

SIDE YARD means a yard extending the depth of a lot from the front yard to the rear lot line between the side lot line and the side setback line. For a corner lot, a street side yard is a yard that extends from the front yard to the rear lot line.

(105)

SITE means a contiguous area intended for development, or the area on which a building has been proposed to be built or has been built. A site may not cross a public street or right-of-way.

(106)

SITE PLAN means a plan for a development, other than a subdivision construction plan, submitted by an applicant to demonstrate that the development complies with the requirements of this title.

(107)

SMALL LOT means a lot with an area of less than 5,750 square feet.

(108)

SPECIAL EXCEPTION means the waiver of a requirement because of vested rights established in accordance with the procedures prescribed by Article 7, Division 3 ( Special Exceptions ).

(109)

STAFF means a City employee.

(110)

STANDARD LOT means a lot of at least 5,750 square feet and less than 10,000 square feet.

(111)

STREET LINE means a lot line abutting a street.

(112)

STREET YARD means a yard adjacent to a street and determined on the basis of a street lot line.

(113)

STRUCTURAL ALTERATION means a change in the supporting members of a building including load bearing walls, columns, girders, and beams over eight feet long.

(114)

STRUCTURE means a building of any kind, or a piece of work artificially built-up or composed of parts joined together in a definite manner.

(115)

SUBDIVIDE means:

(a)

to divide land into two or more lots or sites for the purpose of sale or development;

(b)

to resubdivide an existing lot; or

(c)

to combine of two or more lots into the same number or fewer lots with different boundaries.

(116)

SUBORDINATE SIDE YARD, when used in reference to a small lot, means the side yard having the smaller width.

(117)

SUBSTANDARD LOT means a lot or tract recorded by deed or plat that does not comply with current area, width, or depth requirements, but that complied with the requirements in effect when it was placed on record.

(118)

TECHNICAL CODE means the International Building Code, the National Electrical Code, the Uniform Mechanical Code, the Uniform Plumbing Code, the International Fire Code, the Uniform Solar Energy Code, the Uniform Housing Code, or the International Property Maintenance Code, as adopted by the city council.

(119)

THROUGH LOT means a lot, other than a corner lot, abutting more than one street.

(120)

TOWNHOUSE means a dwelling unit having a common wall with or abutting one or more adjoining dwelling units in a townhouse group.

(121)

TOWNHOUSE GROUP means two or more contiguous townhouses.

(122)

TOWNHOUSE LOT means the portion of a townhouse development that is intended for separate ownership as the location of a single townhouse and associated private yard area.

(123)

TRANSPORTATION PLAN means the Austin Metropolitan Area Transportation Plan or an equivalent plan adopted by the city council as part of the Comprehensive Plan.

(124)

UPDATE means additional information, a plan, or a plat submitted by an applicant in response to comments by a review entity.

(125)

USE means the conduct of an activity, or the performance of a function, on a site or in a structure.

(126)

USE EASEMENT, when used in reference to a small lot, means an easement granted by the owner of a small lot with the subordinate side yard to the owner of a small lot with a dominant side yard along the common lot line, and which allows the occupant of the dwelling unit on the lot having the dominant side yard the use, enjoyment, and privacy of the dominant side yard.

(127)

VALUE or VALUATION, when used in reference to a structure, means the estimated cost to replace the structure in kind, based on current replacement costs.

(128)

VARIANCE means a waiver of a provision of this title under Article 7, Division 2 ( Variances ).

(129)

WATER CONTROL AND IMPROVEMENT DISTRICT means a district created under Chapters 50 and 51 of the Water Code.

(130)

WATER DISTRICT means a district created under Title 4 of the Water Code.

(131)

WORKING DAY is synonymous with BUSINESS DAY and excludes a Saturday, Sunday, an official City holiday, or any other day on which City offices are closed for regular business at any time during normal business hours.

(132)

YARD means an open space on a lot adjoining a lot line.

(133)

ZERO LOT LINE means a common lot line on which a wall of a structure may be constructed.

(134)

ZONING MAP means the zoning district map of the City as adopted by ordinance.

Source: Sections 13-1-22, 13-2-1, 13-2-401, 13-2-435, and 13-5-61; Ord. 990225-70; Ord. 990805-46; Ord. 000309-39; Ord. 000406-85; Ord. 010329-18; Ord. 010607-8; Ord. 031211-11; Ord. 041202-16; Ord. 20111215-096; Ord. 20120524-139; Ord. 20130228-074; Ord. 20130523-104; Ord. 20130926-145; Ord. No. 20160303-036, Pt. 1, 3-14-16 ; Ord. No. 20160421-039, Pt. 1, 5-2-16 ; Ord. No. 20170615-102 , Pt. 1, 6-15-17.