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HomeMy WebLinkAboutAgenda_ZBA_03.21.2017Notice of Meeting for the Zoning Board of Adjustment of the City of Georgetown March 21, 2017 at 5:00 PM at Council Chambers, 101 East 7th Street, Georgetown, TX 78626 The City of Georgetown is committed to compliance with the Americans with Disabilities Act (ADA). If you require assistance in participating at a public meeting due to a disability, as defined under the ADA, reasonable assistance, adaptations, or accommodations will be provided upon request. Please contact the City Secretary's Office, at least three (3) days prior to the scheduled meeting date, at (512) 930-3652 or City Hall at 113 East 8th Street for additional information; TTY users route through Relay Texas at 711. Regular Session (This Regular Session may, at any time, be recessed to convene an Executive Session for any purpose authorized by the Open Meetings Act, Texas Government Code 551.) A Call to Order Pledge of Allegiance Comments from the Chair - Welcome and Meeting Procedures Action from Executive Session Public Wishing to Address the Board On a subject that is posted on this agenda: Please fill out a speaker registration form which can be found at the Board meeting. Clearly print your name, the letter of the item on which you wish to speak, and present it to the Staff Liaison, preferably prior to the start of the meeting. You will be called forward to speak when the Board considers that item. On a subject not posted on the agenda: Persons may add an item to a future Board agenda by filing a written request with the Staff Liaison no later than one week prior to the Board meeting. The request must include the speaker's name and the specific topic to be addressed with sufficient information to inform the board and the public. For Board Liaison contact information, please logon to http://government.georgetown.org/category/boards-commissions/. B As of the deadline, no persons were signed up to speak on items other than what was posted on the agenda. Legislative Regular Agenda C Consideration and possible action of the Minutes from the February 21, 2017, Zoning Board of Adjustment meeting. D Election of Vice-chair and Secretary for the 2017-2018 Zoning Board of Adjustment. Josh Schroeder, Commission Chair Page 1 of 97 E Review of the City Council's Boards and Commissions Attendance Policy. Karen Frost, Recording Secretary F Review and discuss ZBA purpose and approve recently adopted bylaws. Karen Frost, Recording Secretary G Public Hearing and possible action concerning an Appeal of an Administrative Decision regarding the determination that a pump station for crude oil is a “Utility Services, Intermediate” use. Adjournment CERTIFICATE OF POSTING I, Shelley Nowling, City Secretary for the City of Georgetown, Texas, do hereby certify that this Notice of Meeting was posted at City Hall, 113 E. 8th Street, a place readily accessible to the general public at all times, on the ______ day of __________________, 2017, at __________, and remained so posted for at least 72 continuous hours preceding the scheduled time of said meeting. ____________________________________ Shelley Nowling, City Secretary Page 2 of 97 City of Georgetown, Texas Zoning Board of Adjustment March 21, 2017 SUBJECT: As of the deadline, no persons were signed up to speak on items other than what was posted on the agenda. ITEM SUMMARY: FINANCIAL IMPACT: N/A SUBMITTED BY: Tammy Glanville, Recording Secretary Page 3 of 97 City of Georgetown, Texas Zoning Board of Adjustment March 21, 2017 SUBJECT: Consideration and possible action of the Minutes from the February 21, 2017, Zoning Board of Adjustment meeting. ITEM SUMMARY: FINANCIAL IMPACT: NA SUBMITTED BY: Karen Frost, Recording Secretary ATTACHMENTS: Description Type Minutes_ZBA_02.21.2017 Backup Material Page 4 of 97 ZBA Minutes Page 1 of 2 February 21, 2017 City of Georgetown, Texas Zoning Board of Adjustment Tuesday, February 21, 2017 at 5:00 p.m. Council and Courts Building 101 East 7th Street, Georgetown, Texas 78626 Commissioners present: Josh Schroeder, Chair; Aaron Albright, Alex Fuller, Kaylah McCord, and Kevin Pitts. Commissioner(s) Absent: none Staff Present: Sofia Nelson, Planning Director; and Karen Frost, Recording Secretary. A. Public Wishing to Address the Board • As of the deadline for this agenda, no persons were signed up to speak on items other than what was posted on the agenda. Legislative Regular Agenda B. Call to Order • Pledge of Allegiance • Comments from the Chair – Welcome and Meeting Procedures • Action from Executive Session Chair Schroeder called the meeting to order at 5:01 p.m. and Pitts led the Pledge of Allegiance. Chair Schroeder stated the order of the meeting and that those who speak must turn in a speaker form to the recording secretary before the item that they wish to address begins. Each speaker is permitted to address the Commission once for each item, for a maximum of three (3) minutes, unless otherwise agreed to before the meeting begins. C. Consideration and possible action to approve the Minutes of the December 20, 2016 Zoning Board of Adjustment Meeting Motion by Pitts, second by Fuller to approve the minutes. Approved 5 – 0. D. Public Hearing and possible action on a request for a Special Exception per Unified Development Code (UDC) Section 14.05.050 Abandonment of a Nonconforming Site, to waive required site improvements at 3700 Williams Drive, also being Lot 2, Block A, Georgetown Retirement Residence Subdivision. (SE-2016-001) Valerie Kreger, AICP, Principal Planner Sofia Nelson presented the case for Ms. Kreger. The applicant is requesting a Special Exception for Abandonment of a Nonconforming Site, to waive required site improvements in order to re-lease the property to a retail establishment. This application is accompanied by an application to rezone the property to the Local Commercial District (C-1), which will be reviewed by the Planning and Zoning Commission. The applicant is requesting to allow re-=occupancy of the existing site in its current configuration without adding or replacing any site improvements. He has specifically asked for exceptions to the parking lot paving requirements, landscaping requirements and sidewalk requirements. His intent is to eventually sell the property to someone who will Page 5 of 97 ZBA Minutes Page 2 of 2 February 21, 2017 completely redevelop the property and feels any improvements he makes at this time will be torn our when the property is redeveloped. Staff recommends denial of the Special Exception. Commissioners asked clarifying questions, including possible “grandfathering” rights. Nelson stated the use was abandoned and therefore is not grandfathered. Mike Mersiosky, the owner/applicant, gave some history on the property. When the retail store moved off the property Dave’s Fence stayed in the existing house and conducted their contracting business from there, with their materials stored in the back yard. That stopped being a viable option. Mr. Mersiosky would like to lease the property “as-is” to the Caring Place but the City says he must develop the site up to code standards. It was clarified that the Special Exception, if granted would be granted with the property, not the property owner. Chair Schroeder opened the Public Hearing and with no speakers coming forth, closed it. Motion by Pitts to approve the Special Exception with the condition that it be granted only as long as the Caring Place is the tenant and that it would expire when the Caring Place is no longer the tenant. Second by McCord. Albright moved to amend the motion and allow future improvements and expansion, as long as the property was still leased by the Caring Place. Second by Fuller. Approved 5 – 0. Original motion as amended, approved 5 – 0. Adjournment Motion to Adjourn by Pitts, second by Fuller at 5:35 p.m. ____________________________________ ____________________________________ Josh Schroeder, Chair Attest, Secretary Page 6 of 97 City of Georgetown, Texas Zoning Board of Adjustment March 21, 2017 SUBJECT: Election of Vice-chair and Secretary for the 2017-2018 Zoning Board of Adjustment. Josh Schroeder, Commission Chair ITEM SUMMARY: FINANCIAL IMPACT: n/a SUBMITTED BY: Karen Frost, Recording Secretary Page 7 of 97 City of Georgetown, Texas Zoning Board of Adjustment March 21, 2017 SUBJECT: Review of the City Council's Boards and Commissions Attendance Policy. Karen Frost, Recording Secretary ITEM SUMMARY: FINANCIAL IMPACT: na SUBMITTED BY: Karen Frost ATTACHMENTS: Description Type Attendance Policy Backup Material Page 8 of 97 SEC 2.36.010 DUTIES OF COMMISSION, COMMITTEE & BOARD MEMBERS Attendance by Members is integral to success of the commission, committee or board. It is Council policy to require a minimum of 75 percent attendance of each Member at each regularly scheduled meeting including subcommittee meetings. A Member shall be allowed two excused absences for the Member's personal medical care, required medical care of a Member's immediate family member (as defined by City Ordinance), or Member's military Service that shall not count against the 75 percent attendance requirement. Written notice shall be sent to a Member and the Member's City Council representative when it appears the Member may violate the attendance policy by being absent from more than 25 percent of regularly scheduled meetings, including subcommittee meetings. Excessive absenteeism may result in the Member being replaced by the Council. If a Member is removed from a committee, commission or board, that position shall be considered vacant and a new Member shall be appointed to the Board in accordance with Section 2.36.040 Page 9 of 97 City of Georgetown, Texas Zoning Board of Adjustment March 21, 2017 SUBJECT: Review and discuss ZBA purpose and approve recently adopted bylaws. Karen Frost, Recording Secretary ITEM SUMMARY: FINANCIAL IMPACT: na SUBMITTED BY: Karen Frost ATTACHMENTS: Description Type ZBA Bylaws CC Approved 02.28.2017 Backup Material Page 10 of 97 Page 11 of 97 Page 12 of 97 Page 13 of 97 Page 14 of 97 Page 15 of 97 City of Georgetown, Texas Zoning Board of Adjustment March 21, 2017 SUBJECT: Public Hearing and possible action concerning an Appeal of an Administrative Decision regarding the determination that a pump station for crude oil is a “Utility Services, Intermediate” use. ITEM SUMMARY: The Applicant is appealing the Director’s determination of the appropriate classification of a use. On August 16, 2016, the Director received an application for rezoning from the property owner at 555 Rabbit Hill Road. The Property Owner requested rezoning of the property and indicated that part of the property would be used for a pump station for crude oil. The Director has authority in reviewing rezoning applications to determine the appropriate classification of a use within the use tables of the Unified Development Code. On January 3, 2017, the applicant, Brett Miller, submitted an appeal of the Director’s administrative decision that a pump station for crude oil was a use included in Utility, Intermediate Uses (Exhibit A). As laid out in the applicant’s appeal letter to the Board, the specific portion of the Director’s determination that is being appealed is the classification of a pump station for crude oil as a utility service. FINANCIAL IMPACT: n/a SUBMITTED BY: Sofia Nelson, CNU-A, Planning Director ATTACHMENTS: Description Type Staff Report Backup Material Staff Report exhibit A- applicant justification letter for appeal Backup Material Exhibit B – Relevant definitions from Random House Webster’s Unabridged Dictionary Backup Material Exhibit C - Chapter 16, Definitions (referenced definitions)Backup Material Exhibit D – Local Government Code (LGC) Chapter 211 ZBA authority an appeal that alleges error in a determination made by an Administrative Official in the enforcement of the Code Backup Material Exhibit E – UDC Section 2.04010A, Zoning Board of Adjustment (ZBA)Backup Material Exhibit F- UDC Section 2.04.030, Zoning Board of Adjustment (ZBA)Backup Material Exhibit G- UDC Section 3.14.020A, Appeal of an Administrative Decision Appeal Procedures Backup Material Exhibit H- UDC Section 3.14.020B, Appeal of an Administrative Decision- Appeal Procedures Backup Material Exhibit I- UDC Section 3.14.030A, Appeal of an Administrative Backup Material Page 16 of 97 Decision - Review Criteria. Exhibit J- Local Government Code (LGC) Section 211.011 Backup Material Exhibit K – UDC Section 3.14.030B Appeal of an Administrative Decision- Review Criteria Backup Material Exhibit L, UDC Section 3.14.040 Appeal of an Administrative Decision- Decision on Appeal Backup Material Exhibit M, UDC Section 3.14.030C Appeal of an Administrative Decision- Review Criteria Backup Material Applicant's appeal letter Cover Memo City of Georgetown's objection to applicant's standing appeal w exhibits Backup Material Notice of Intervention letter response from Winstead Backup Material Page 17 of 97 Georgetown Planning and Development Department Zoning Board of Adjustment Staff Report {00009300 / v3 / / PLAN / APPEAL / 03/08/2017} Appeal of Director Determination of Unlisted Use Page 1 of 6 Meeting Date: March 21, 2017 File No: APL-2017-001 Report Date: March 14, 2017 Subject Public Hearing and possible action concerning an Appeal of an Administrative Decision regarding the determination that a pump station for crude oil is a “Utility Services, Intermediate” use Application Summary Applicant: Brett Miller Decision Appealed: Planning Director’s determination that a pump station for crude oil is a “Utility Services, Intermediate” use classification. Relevant UDC Section: Section 5.01.030, Determination of Unlisted Uses Summary The Applicant is appealing the Director’s determination of the appropriate classification of a use. On August 16, 2016, the Director received an application for rezoning from the property owner at 555 Rabbit Hill Road. The Property Owner requested rezoning of the property and indicated that part of the property would be used for a pump station for crude oil. The Director has authority in reviewing rezoning applications to determine the appropriate classification of a use within the use tables of the Unified Development Code. On January 3, 2017, the applicant, Brett Miller, submitted an appeal of the Director’s administrative decision that a pump station for crude oil was a use included in Utility, Intermediate Uses (Exhibit A). As laid out in the applicant’s appeal letter to the Board, the specific portion of the Director’s determination that is being appealed is the classification of a pump station for crude oil as a utility service. Director’s Analysis After reviewing the rezoning request, the Director found that the pump station for crude oil use as described fell under the Specific Use listing of Utility Service, Intermediate. The Director considered first already defined specific uses, and then reviewed the criteria for treatment of unlisted uses as further described below. Page 18 of 97 Zoning Board of Adjustment Staff Report {00009300 / v3 / / PLAN / APPEAL / 03/08/2017} Appeal of Administrative Decision Page 2 of 6 Definition of Utility Three of the four specific uses categories analyzed below relate to utilities, which presented the threshold question of whether a pump station for crude oil can be considered a facility in connection with a utility. The UDC does not define the term utility, but does provide that in that case the Random House Webster’s Unabridged Dictionary may be referenced to determine the meaning of a term not otherwise defined, subject to approval of the interpretation by the Director. Prior to analyzing the specific uses below, the Director reviewed the following relevant definitions from Random House Webster’s Unabridged Dictionary (Exhibit B excerpted definitions): Utility – a public service as in a telephone or electric-light system, a streetcar or railroad or the like (and cross references public utility). Public Utility – business enterprise performing an essential public service and regulated by federal, state or local government Public service - business of supplying an essential commodity, as gas or electricity Commodity – a article of trade or commerce; something of use or advantage or value Crude oil is a commodity as defined above and considered to be essential. Further, the pump station for crude oil is part of a business enterprise supplying that commodity and is regulated. Based upon those facts, the Director concluded that the pump station for crude oil is part of utility as defined by Random House Webster’s Unabridged Dictionary.1 Specific Uses Considered: Next, the following specific uses were reviewed. (see Exhibit C for complete definitions) Utility Service, Minor – publicly or privately owned facilities supporting principal development. Examples include underground septic tanks, pumping stations, life stations, and telephone switching facilities. These uses are accessory uses. Utility Service, Intermediate – publicly or privately owned facilities. Examples include elevated water storage tanks, lift stations, electric substations and other required facilities in connection with utilities. These uses are primary uses. Utility Service, Major – publicly or privately owned facilities that are either for generation or treatment. Examples include power plants, and wastewater treatment plants. These uses are primary uses. 1 While not determinative in the case of an undefined term in the UDC, it is worth noting that Chapter 111 of the Natural Resources code specifically defines “public utility” as follows: “a person, association of persons, or corporation that owns, operates, or manages crude petroleum storage tanks or storage facilities for the public for hire, either in connection with a pipeline, pipelines, or otherwise.” Enterprise, which owns the pipeline and proposed pump station in this case, also maintains storage tanks through the state of Texas. Page 19 of 97 Zoning Board of Adjustment Staff Report {00009300 / v3 / / PLAN / APPEAL / 03/08/2017} Appeal of Administrative Decision Page 3 of 6 Oil Refinery and Distribution – a plant for purifying crude oil and distributing petroleum. This use is a primary use. Factual Background Considered2 In reviewing each of the specific listed uses and definitions option, the Director considered the following factual background: A pump station for crude oil is used to maintain constant pressure in a crude oil pipeline. Existing water pump stations owned by the municipality or private entities are also used to maintain pressure in a pipeline. Components of pump stations whether for crude oil, water or other product, include meter stations, valves, and motor drive pumps. A pump station for crude oil does not refine or “treat” the crude oil. A pump station for crude oil does not generate power. Additional Criteria: As additional analysis the Director reviewed the criteria outlined in UDC Section 5.01.030 for the determination of an unlisted use.3 Below is a summary of the analysis of relevant criteria in determining the appropriate use classification of a pump station for crude oil: 1. The relative amount of site area or floor space and equipment devoted to the activity. (This measurement is related to the determination of whether a use is an accessory use or a primary use.) In analyzing the “Utility Services, Minor” the uses listed under this classification could be described as accessory of serving the primary use on the property. The “Utility Services, Intermediate” classification includes uses that are the primary use for the site. 2. The type of customer for each activity. (This measurement is related to the similarity of the proposed use to an existing use.) There will be no customer base directly accessing or using the site where the pump station for crude oil would be constructed. 3. The relative number of employees for each activity. (This measurement is related to the similarity of the proposed use to an existing use.) The pump station is proposed to have one office space for a technician assigned to the site. 4. Hours of operation. The hours of operation, as proposed for this use, are similar to 2 Facts related to health and safety were not considered as the City is preempted by federal and state law when regulating this use. See generally, Pipeline Safety Act, 49 U.S.C. 601011 et seq (2011); Texas Natural Resources Code, Chapter 111; Texas Natural Resources Code, Section 81.0523. 3 While not controlling of this determination, as the pump station for crude oil was ultimately determined to be a “listed” use already covered under Utility Service, Intermediate, they are instructive as to the determination process. Page 20 of 97 Zoning Board of Adjustment Staff Report {00009300 / v3 / / PLAN / APPEAL / 03/08/2017} Appeal of Administrative Decision Page 4 of 6 those hours kept by elevated water storage tanks, lift stations, telephone switching facilities, and electric substations, in that both the listed uses and the proposed use run continuously to support the infrastructure needs of the use. 5. Building and site arrangement. The requestor proposes to construct a noise reducing building to house the mechanical equipment. 6. Vehicles used and their parking requirements. This use does not include any fleet operations or vehicles. The number of trips is limited to periodic visits to the site by the assigned technician, similar to trip counts generated by elevated water storage tanks, lift stations, telephone switching facilities, and electric substations. 7. Noise levels generated. As proposed, the noise level of the use is similar to that of other pump and lift stations. The machinery for the proposed use will be enclosed in a noise reducing building. All noise levels are regulated under the commercial noise provisions of the City of Georgetown Code of Ordinances. 8. Lighting required for the activity. Lighting for the facility will be similar to that of elevated water storage tanks, lift stations, and pump stations. 9. The likely impact on surrounding properties. The potential impacts including site disturbance, noise, lighting, hours of operation, and vehicle traffic on the surrounding properties are proposed to be similar to those of the uses listed under “Utility Services, Intermediate.” Director’s Findings After completing the analysis above, the Director made the following findings: 1. There was no evidence that a pump station for crude oil would either purify crude oil or distribute petroleum; as a result, the Oil Refinery and Distribution use was not applicable. 2. There was also no evidence that a pump station for crude oil was either for generation or treatment facilities and no evidence that a pump station for crude oil was similar to a wastewater treatment plant or power plant; therefore, the Utility Service, Major use was not applicable. 3. The proposed pump station for crude oil use was most similar to pump stations used by municipally and privately owned utilities to maintain constant pressure on water distribution lines. 4. The definitions of Utility Service, Minor and Intermediate in the Unified Development Code are largely similar—both include public and private utility facilities such as lift stations and pump stations. The principal difference between the two is whether the utility use is a primary use or an accessory use. Page 21 of 97 Zoning Board of Adjustment Staff Report {00009300 / v3 / / PLAN / APPEAL / 03/08/2017} Appeal of Administrative Decision Page 5 of 6 5. The pump station for crude oil will be the primary use on the site. Director’s Determination Based on the analysis and findings above, the Director determined the proposed use to be most similar to pump stations utilized by municipally and privately owned pump stations, utilized to maintain constant pressure on water distribution lines. Pump stations are categorized as Utility Services, Intermediate and allowed in zoning districts, as outlined in Table 5.05.010 of the UDC. Authority of Board ZBA authority includes hearing and deciding an appeal that alleges error in a determination made by an Administrative Official in the enforcement of the Code (Exhibit D, LGC Chapter 211) and (Exhibit E, UDC Section 2.04.010A). In exercising its authority, the ZBA may reverse or affirm, in whole or in part, or modify the Administrative Official’s determination from which an appeal is taken and make the correct determination. (Exhibit F, UDC Section 2.04.030). The ZBA does not have the authority to consider the appropriateness of the land use or its impact at a specific location. The purview of the ZBA is limited to determining whether or not the Director erred in the interpretation. Appeal of an Administrative Decision Appeal Procedure: Appeal of an administrative decision may be initiated within 30 days after the date of the administrative decision by any person aggreived by the administrative decision (Exhibit G, UDC Section 3.14.020A). The notice of appeal must specifically set forth all grounds for appeal (Exhibit H, UDC Section 3.14.020B). The appeal must be heard by at least 75% of the members of the ZBA, which in this case requires four members (Exhibit I , UDC Section 3.14.030A). The ZBA is the final authority on administrative determinations. Appeal of a ZBA decision is to a court of record (Exhibit J, LGC Section 211.011). Review of Administrative Decision: The administrative decision is presumed to be valid (Exhibit K, UDC Section 3.14.030B). Staff will present the Administrative Decision at the hearing. The Applicant has the burden to present sufficient evidence to justify reversal of the administrative decision (Exhibit K, UDC Section 3.14.030B). Contrary evidence and argument may be presented to support the administrative decision (Exhibit K, UDC Section 3.14.030B). The Board shall make its decision based on the UDC and the information presented to the ZBA (Exhibit K, UDC Section 3.14.030). Findings, Conclusions and Decision on Appeal: The ZBA shall review the administrative determination, conduct a public hearing and take final Page 22 of 97 Zoning Board of Adjustment Staff Report {00009300 / v3 / / PLAN / APPEAL / 03/08/2017} Appeal of Administrative Decision Page 6 of 6 action (Exhibit L, UDC Section 3.14.040). All findings and conclusions necessary to the appeal decision shall be based on reliable evidence (Exhibit M, UDC Section 3.14.030C). The Board may reverse or affirm, in whole or in part, or modify the administrative determination from which an appeal is taken (Exhibit M, UDC Section 3.14.030C). A concurring vote of three-fourths of all members or four out of five members of the ZBA is required to overturn an administrative decision (Exhibit L, UDC Section 3.14.040). Attachments Exhibit A – Applicant’s Justification Letter for Appeal Exhibit B – Relevant definitions from Random House Webster’s Unabridged Dictionary Exhibit C - Chapter 16, Definitions (referenced definitions) Exhibit D – Local Government Code (LGC) Chapter 211 Exhibit E – UDC Section 2.04010A, Zoning Board of Adjustment (ZBA) Exhibit F- UDC Section 2.04.030, Zoning Board of Adjustment (ZBA) Exhibit G- UDC Section 3.14.020A, Appeal of an Administrative Decision Appeal Procedures Exhibit H- UDC Section 3.14.020B, Appeal of an Administrative Decision- Appeal Procedures Exhibit I- UDC Section 3.14.030A, Appeal of an Administrative Decision - Review Criteria. Exhibit J- Local Government Code (LGC) Section 211.011 Exhibit K – UDC Section 3.14.030B Appeal of an Administrative Decision- Review Criteria Exhibit L, UDC Section 3.14.040 Appeal of an Administrative Decision- Decision on Appeal Exhibit M, UDC Section 3.14.030C Appeal of an Administrative Decision- Review Criteria Page 23 of 97 Page 24 of 97 Page 25 of 97 A RANDOM HOUSE EBSTER'S • una rz e • • zctzonar SECOND ED ITION RANDOM HOUSE REFERENCE NEW YOR K TORONTO L OND ON SYDNEY AUCKLAND Page 26 of 97 I] '· D D 1- II' ' f. I• II. U Thant U Thant (<m' thanV. thonV). 1909-74, Burmese statesman: secretary-general of the United Nations t962-7l. U•ther (yoolthar), n. Arthurian Romance. king of Britain and father of Arthur. Also called U'ther Pen• draa! on. UTI, urinary tract infection. U•tl•ca (yoo'ti ka).._ n. 1. an ancient city on the N coast of Africa. NW of <.;arthage. 2. a city in central New York, on Lhe Mohawk River. 75,632. u•tile (yWtil, .ul), adJ. uaeful. [1476-85; < OF < L atilis, equiv. to ilt(i) to use + -iii$ ·IU:) u•tfo/e dul•cl (oll'ti le d~l'ke; Eng. yooVl e dul'si, .~). Latin. the useful with the pleasurable. U•tll•i•care (yoo tiJii karl). n. a usually state-funded program Lhat helps elderly persons of low income to pay their utility bills, esp. heating billa in winter. [UTJLJ(Tv) + CARE. as in Medicare) u•til•l•dor (yoo til'i dor'). n. Canad1an. an above- ground, insulated network of pipes and cables, uaed to convey water and electricity in communities situated in areas of permafrost. [UTILI(TY) + -dor. as in thermidor) u•til•i•tar•l•an (yo<l tiJii tar'~ an), ~-1. pertruning to or consisting in utility. 2. having regard to utility or usefulness rather than beauty, ornamentation, etc. 3. of. pertaining to, or adhering to the doctrine of utilitar-ianism. -n. 4. an adherent of utilitarianism. (1776-85; UTILIT(V) + ·ARIAN) -Syn. 2. practical, useful, functional, sensible. u•til•i•tar•i•an•ism (yoo tiJii I.Ar'A a ruz'am). n. the ethical doctrine that virtue is based on utility, and that conduct should be directed toward promoting the s:reat.- est happiness of the greatest number of persons. 11820-30; UTILITARIAN + ·ISM] u•tll•l•ty (y<m titli te), n., pL -tlea, adj. -n. 1. the state or quality of being useful; usefulness: This chemi- cal hos no utility as an agricultural fertilizer. 2. some-thing useful; a useful thing. 3. a public service, as a telephone or electric-light system. a streetcar or railroad line, or the like. Cf. public utility (def. 1). 4. Otten, utilities. a useful or advantageous factor or feature: I he relative u.tihtics of a religious or a ,secular education. !5. Econ. the capacity of a commodity or a service to SBtiafy some human want. 6. the principle and end of utilitar-ian ethics; well-being or happiness; that which is condu-cive to the happiness and well-being of Lhe greatest number. 7. Computers. See utility procram. 8. utili-ties. stocks or bonds of public utilities. 9. a grade of be<lf immediately below commercial. -adj. 10. (of do-mestic animals) raised or kept as a potent.iallr profitable product rather than for show or as pets: ut1lity breeda; utility liv<:stock. 11. having or made for a number of useful or practical purposes rather than a single, special-ized one: a utility knife. 12. designed chiefly for uae or service rather than beauty, high quality, or the like: a utility vehicle; lltility furniture. [1350-1400; ME utilite < OF utelile < L utilillt$, equiv. to !itil(ia) useful (see IITIL8) + ·ilaS •lTV] utllfity man/, 1. a worker expected to serve in any capacity when called on. 2. an actor of miscellaneous small parts. 3. Baseball. a player who is not a regular a_nd whose value lies in an ability to play several poei. uons. (1850..55) utllflty pole', one of a series of large. upright poles used to support telephone wires, electric cables. or the like. Also called telephone pole. utiJ!(ty prot gram, Computers. system software used ~ perform standard operations. as sorting data or copy. 1ng data from one file to another. for ap;>lieation pro· grams or other system software. Also, utility. [1960-65) UtiJ!Ity room!, a room, esp. in a house, reserved for the furnace, washing mnchine, and other appliances. U•ti•llze (yooVI lzl). u.L. -llzed, -llz·lna. to put to uae; tum to profitable account: to utilize a stream to power a mill. Also. esp. Brit., ultl•ll..... [1800-10; < F utiliser, equiv. to utile useful (see UTILI!) + -iser -IZE) -uJ'tl• llz1a·bla, o.dJ. -u'tl•ll•zaltlan, n. -<~ltl•llzter. n. -Syn. See use. ut ln•fra (d<>t in'fitii; Eng. ut in'fra). Latin. as (stated or shown) below: used in a book, text. etc. U•ti POS•SI•de•tiS (y6li'U posli dVt.is), Intemat. Law. the principle that vests in either of the belligerents at the end of a war all territory actually occupied and con- trolled by them. [ < L uti possid~l~ lit., es you po88eS3, ao you hold) Ut•most (uVmOst' or. esp. Brit .• -mast). adi. 1. of the IP"eatest or highest degree, quantity, or the like; greatest: of the utmost importance. 2. being at the ferthest point o3r extremity; farthest: the utmost reef of the LSland. -n. · Also, uttermost. the greatest degree or amount: the lltmost tho I con be said; The hole! prouides the utmost in comfort. 4. the most or best of one's abilities, powers, •1.tc.: He did his ulmostto finish on time. 5. the extreme (~~it or extent: His po.lience wos la.ud 10 the utmost. uef. 900; ME ulmest, OE illemest. See OUT, -MOST) -syn. 1. maximum. highest, foremost. chief. major. ll0t:na•pish•tlm (~tina pish'tim). n. (in Lhe Poem of 1lgnmesh) the favorite of the gods, who survived the sreat flood and became immortal. ll•to-Az•tec•an (y<mltO azltek en), n. 1. an American Indian language family, widespread from Idaho to Cen-tra] America and from the RoCky_ Mountains to the Pa-e~ic: this family includes Hopi. Ute, Shoehone, Coman-~ e, Nahuatl, Papago, Pima, and other languages. -adJ. ~·-of or ~ertaining to Uta-Aztecan. (1891; UTE + -o-+ ~'l'ECANJ ll·to•pl•a (yOO Wpe a), n. 1. an imaginary ialand de-ICribcd in Sir Thomas More's Utopia (1516) as enjoying Perfection in law, politiCil. etc. 2. (uaually I.e.) an ideal Place or state. 3. Ct,.suollv Lc.l anv viaionarv evstem nf 2099 U•to•pl•an (y6ll Wpe an), adj. 1. of, pertaining to, or resembling Utopia. 2. (usually l.c.) founded upon or in- volving idealized perfection. 3. (usually I.e.) given to impractical or unrealistic schemes of. such perfection. -n. 4. an inhabitant of Utopia. 5. (usually Lc.) an im-rractical political or social reformer; visionary; idealist. 1545-55; < NL Utopilinus. See UTOPIA, -AN] -Syn. 3. visionary, idealistic; impracticabfe. u•to•pl·an•llm (y<)l) t.Oife a niz'em), n. (somettmes cop.) the views or habit o mind of a utopian; impracti- cable schemes of political or social reform. [1651>-65; UTOPIAN + ·ISM) -U•tolpl•8n•llt. n. utolplan solclallsm, (B<>metimes cop.) an economic system based on the premise that if capital voluntarily surrendered ita ownership of the means of production to the state or the workers, unemplo~ent and poverty would be abolished. Cf. 110<:lallam. 11920..25] Utolpla Pla•nlltla (pia nWsha), Astron. a plain in the northern hemiephere of Mars that was the landing site of the Viking II space probe on September 3, 1976. U•to•plsm (yO()Ite pizlam, yl50 t.Oipiz-}, n. (sometimes cop.} utopianism. [UTOP(IA) + ·ISM] -u'to•plst. n. -u'to·plvtle. adj. U•tra.quist (yO()Itra kwist), n. Calixtine. [1830-40; < NL Utroquiara. equiv. to L utraque (abl. smg. fem. of uterque each of two, equlv. touter either+ -que and) + NL -isla -1ST) -Uftra•qulam. n. U•trecht (y6ll'trekt; Du. vtt:ReKMt), n. 1. a province in central Netherlands. 907,729; 511 sq. mi. (1325 sq. km). 2. a city in and the capital of this province: treaties end- ing the War of the Spanish Succession signed here 1714. 4S9,161. U•trl•cle (y601tri kal). n. 1. a small SBC or baglike body, as an air-filled cavity in a seaweed. 2. Bot. a thin bladderlike pericarp or seed vessel. 3. Anal. the larger of two sacs 1n the membranous labyrinth of the internal ear. Cf. neeule (def. 1). [1725-35; < L utriculus, dim. of uter bag; see -cu'] U•trlc•u•lar (y!!ll triktye lar), adj. 1. pertaining to or of the nature of a utricle; baglike. 2. having a utricle or utricle&. [1750-60, Amer.; < L utricul(us) UTRICLE + •AR1] u•trlc•u•late (y<m trik'ya lit, -liiV), a.c(j. Archaic. hav-ing a utricle; utricular; bagUke. [1855-60; UTRICUL(AR) + •ATE1] U•trlc•u•ll•tls (y<m trik'ya li'tis), n. Pathol. inflamma-tion of the utricle. [ < NL; see UTRICLE, ·ITlS) U•trii•IO (yo<l triJIO, oo triJIO; Fr. v tae yiY). n. Mau• rice (mo rest; fT. mo Rest), 1883-1955, French painter (son of Suzanne Valadon). U•tlu•no-ml•ya (~ ts01l'n6 mVya). n. a city on cen-tral Honshu, in central Japan. 377,748. ut IU•pra (Lat. ~t sWpaii; Eng. ut sl5l)lpra). See u.1. (def. 2). Ut•tar Praodesh (~Var pra dash'. -desh'), a state in N India: a forme~ J>rovince of British . India. 97,380,000, 113,409 sq. m1. (293,730 sq. km). Cap .. Luck- now. Formerly. United Province•. Former official name, United Provlncea af Acre and Oudh. ut•ter1 (uVar), u.t. 1. to give audible expression to; speak or pronounce: unob!e to utter her feelings; Words were uttered in my hearing. 2. to give forth (cries. notes, etc.} with the voice: lo utter a sigh. 3. Phone!. to produce (speech sounds. speechlike sounds, syllables, words, etc.) audibly, with or without reference to formal langua11e. 4 . to expreos (oneself or itself), esp. in words. 5. to g1ve forth {a sound} oLherwise than with the voice: The engine uttered a shriek. 6. to express by written or printed words. 7. to make publicly known; publish: to utter a libel. 8. to put into circulation, as coins, notes. and eap. counterfeit money or forged checks. 9. to expel; emit. 10. Obs. to publish, as a book. 11. Obs. to sen. -u.i. 12. to employ the faculty of speech; use the voice to talk, make sounds, etc.: Ria piety preuented him from ulterinll on religion. 13. to sustain utterance; un- dergo speaking: Those ideas are so dishonest they will not utter. [13~1400; ME oulren (see OUT, -Ea•); c. G iii.L88ern to declare) -utlter•a·ble, adj. -<itlter•er. n. -utlter•lell, adj. Ut•ter> (uVar), adJ. 1. complete; total; absolute: her ull«r abandonment to grief. 2. uncondit.ional; un-qualified: an utter deninL [bef. 900; ME; OE ultra. iltera outer. See OUT, ·ltR4] -utlter·ness, r .. -Syn. 1. See absolute. ut•ter•ance1 (UV;)r ana), n. 1. an act of uttering; vocal expression. 2. manner of speaking; power of speaking: Hl8 uery utterance was spellbinding. 3. something ut-tered; a word or words uttered; a cry. animal's call. or the like. 4. Ling. any speech sequence conaisting of one or more words and preceded and followed by silence: it may be coextensive with a sentence. 15. Obs. a public sale of goods. [1400-50; late ME; see UTT£R1, ·ANC£] ut•ter•ance2 (uVer ana), n. Archaic. the utmost ex-tremity, esp. death. U350..1400; ME < OF outrance, oultranC<t, equiv. to oultr(er) to pass beyond ( < L ultra beyond) + -once ·ANC&] ut'ter bart. See outer bar. ut'ter bartrJster. See outer barrister. Ut•ter•lnc (uVar ing). n. Low. the crime of knowingl,Y tendering or showing a forged instrument or counterfeit coin to another with intent to defraud. (1350-1400; ME; &ee t/T'T&R1, -ING1) ut•ter•IY (uVer !e). adv. in an utter manner; com-pletely; absolutely. [1175-1225; ME; see UTT5:R0, ·LV) -Syn. entirely, fully, wholly, totally. ut•ter•most (uVer mosV or. esp. Brit., -m<>St), adj. 1. most remote or outennost; farthest: the uttermost star& 2. of the greatest or highest degree. quantity, etc.; great-est; Tht country's art hoe r~hed uttermost creotiuity. -n. 3. utmost. [1300-50; ME; see unu•. ·MOST] Uzziah U•tua•do (oo twiiltl\6). n. a city in central Puerto Rico. 11,118. U-turn (yoolt\lm'). n. 1. a U-shaped turn made by a vehicle so as to head in the opposite direct.ion from its original course. 2. a reversal of policy. tactics, or the like, resembling such a maneuver. -u.i. 3. to execute a U-tum: 10 U-lurn into oncoming traffic. [1925-30] U.T.W.A., United Textile Workers of America. Also. UTWA UUM, underwater-to-underwater missile. UV, ultraviolet. Also, U.V. U•val•de (yoo vall de), n. a city in SW Texas. 14,178. U-val•ue (yo<llval'yml), n. a measure of the now of heal Lhrough an insulating or building material: the lower the U-value, the better the insulating ability. Cr. R-value. [1945-50; U. symbol for internal energy) u•va•rov•lte (Ol) viirt;) viV, y<m-), n. Mineral. a vari- ety of garnet colored emerald-green by the presence of chromium. [1825-35; < G. named after CountS. S. Uvo- rou (1785-1A55). president of St. Petersburg Academy; see ·ITE'] UV Cetl star. See flare •tar. [after the designation for such a star in the constellation Cetus) U•Ve•a (yllO'vO a), n. Anal. the vascular tunic of the eye, comprising the iris, choroid coat. and ciliary body. (1515-25; < ML !iueo, var. of L iluo fruit of the vine, grape) -utv.,al, utve•ous. adj. Uve•dale (yo<ld'l. yi5Qv'dal). n. Nichol••· See Udall. u•ve•l•tls (y<mlvi! !'tis), n. Path->!. innammation of the uvea. l1840-50; < NL; see UVEA, ·ITtS) -u·ve·lt-le (y60'vi! 1Vik), adJ. UV filter, Photog. See ultraviolet filter. [1935-40) U•VU•Ia (yootvya Ia). n., pl. -las. -lee (-1~1). Anal. the small. fleshy. conical body projecting downward from the middle of the soft palate. See diag. under mouth. (1350.. 1400; ME < ML uvula, equiv. to L ilv(a) grape + -ula -uu:) U•VU•Iar (y<mtvya lar), adi. 1. of or pertairting to the uvula. 2. Phonet. articulated with the back of the tongue held close to or touching the uvula. as in the r-sound of Parisian French. -n. 3. Phone!. a uvular sound. (1700...10; < NL iivuJaris. See uvuLA. ·AR') --<.~'vu•lar·IY. adu. U•VU•Iec•to•my (yO()Ivya lek'ta m~l. n., pl. -mlea. Surg. excision of the uvula. [uvuL(A) + ·ECTOMV] U•VU•Ii•tls (yml'vya ll'tis), n. Patho/. inflammation of the uvula. (1840-50; UVUL(A) + ·ITIS) U/W, under wiU. U/w, underwriter. Also, u/w U)(., Chiefly Low. uxor (used chiefly in the legal abbre- viation el u.x.). Ux•mal (!50s malt), n. an ancient ruined city in SE Mexico, in Yucatan: a center of later Mayan civilization. ux•or (ukts6r! -s6r, ugtzor, -zOr). n. Latin. wife (used chiefly in the ega! phrase el uxor). UX•O•rl•al (uk s6r'e al, -s6r'-· ug z6r' -1 -zor'-), adJ. of or pertaining to a wife; typical of or oofitting a wife. [1790-1800; < L Ux<lri(us) pertaining to a wife + -AL] -ux•olrl•al•ly. adu. UX•O•rl•clde (uk s6r'~ aid'. -s6r'-. ug z6r'-. -zor'·), n. 1. the act of murdering one's wife. 2. a man who mur- ders his wife. 118S()..6(); < L ilxor wife + ·I· + ·CIDE) -ux·o'rl•eld'a • a.c(j. ux•o•rl•lo•cal (uk s6r'a Hl'kal. -s6r'·· ug zor'-. -zOr'-). adJ. matrilocal. I< L uxor wife + ·I· + LOCAL) UX•OOri•OUS (uk s6rle as, -s6rl., ug zor'·· ·:tOri.), odJ. doting upon, foolishly fond of, or affectionately submis- sive toward one's wife. [1590-1500; < L ll.Wrius. equiv. to uxor wife + -ius ·IOUS) -ux•otri•OUI•IY. adu. -<IX• O'rl•oua•neas, n. Uz•bec (~zlbeg. uz'-, ~z beg'). n .. pl. ·bep, (esp. coll.ectiuely) -bea. Uzbek. Uz•bek (oozlbek. uzl., ~z bek'), n., pl. -bekl, (esp. collectively) -bek. 1. n member of a town-dwelling Turkic people of Turkestan and Uzbekistan. 2. the Turkic language of the Uzbeks. Also. Usbea. Usbak. Uzbea. Uz•bek•l•stan (~z bek'e stan', -stiinl, uz-), n. a re- public in S central Asia. 19,906,000; 172,741 sq. mi. (447,400 sq. km). Cop.: Tashkent. Formerly. Uzlbek Sol· viet Solclallat Republllc. U•zl (OO'zi!), n., pl. U•zla. a compact 9mm submachine gun of Iarseli design. [195()..60; after Uzi(el Gal), Israeli army officer who designed it] Uz•zl•ah (a zl'a), n. the son and successor of Amaziah as king of Judah, reigned 783?-742? a.c. 11 Kings 15:13, 30-34. Alao, Azarlah. CON CIS£ PR.ONUNClATION KI'Y: act, cApe, cJA,., pfirl; set, 6quol; i(. i«: ox. 6u<r. 6rdtr, oil, ~ bOOr, out; up. flrg<: child; •ing: ahoo; thin. that; ~h a.e in treo.aure. a -a as m alone. e aa in system, i aa in ~ill, o as in sal lop. u.~ ~n ~!~~~ :~ ~~ ('_n ~:~·t!·,~~~"I,!~u~•;~ Page 27 of 97 1. the implementation of exea~Live branch 2. a field for careers in such work 1. an official of a city, 2. a person appointed to deceaeed peraon, eap during being <Ont.ested. of generel intereet or con-with current social or political 1563 eye/, public auention or not.lco; limelight: o politician who keeps out of the public tye. (1800-95) publllc health/, health aorvicea to improve and pro- tact community health, eap. eanitation. immuniution, and preventive medicine (1610-20] -i>Ublllc-hMith', a<(j. publllc hou•-'· 1. Brit. a tavern. 2. an inn or hoe· telry. (1565-75) -Syn. See hotel. publllc housllnc. houaing owned or operated by a government and WIWllly offered at low rent to the needy publllc lnlterest. 1. the welfare or well-being of the general P.ublic: commonwealth: health programs tho! di-rectly affect the public interett. 2. appeal or relevance to the general populace: a news story of public interest. (1670-80) -i>Ublllc-ln'tereat. a<(;. publllc-lnlter•elt law/, a branch of law that of\en utilius claaa-acc.ion suite to prot.eet the interest of a large group or of the public at large, u in matters relat-ing to racial discrimination, air pollution, etc. (1966-70) publllc lnterna'tlonal law/, 1. Also called public law. the taw governing the legal relationa between inde-pendent states or nalio011 and. increuingly, betwe.~n th-and indJviduala. 2. See conflict of laws (def. 2). puboll•cllt (pub'l" aiat). n. 1. a peraon who publiciZes, eep. a r,>resa agent or public-relations consultant. 2. an expert m current pubhc or political affaire. 3. an expert in public or international law (176S-95; < G; see PUa-uc, -I&T} pubollc•l•ty (pu bli"'i lA), n 1. extensive mention in the news media or by word of mouth or other means of communication. 2. public notice so gained. 3. the measures, proceaa, or busineee of securing public not.Jce. 4. information. articles, or advertisements iaaued to se- cure public notice or attention. 5. the atate of being rublic, or open to general ob&ervac.ion or knowledge. 176S-95; < F publiciti < ML piiblicllaa. See PUBUC, -lTV) puboll·clze (publle slv), u.t., -clzed. -clz·lna. to give publ!city to; bring to public noUce; advertiae: They publi-CI%~ the mtdi"'J oa beot they could. Also, up. Brit., publlk:IM'. (19~; PUBUC + ·IZC) -Syn. promote. aell, acclaim, announce. publllc law/, 1. Also called public act. public atat- ute. a law or atatute of a general cha.racter that applies to the people of a whole etete or nation. 2. a branch of law dealing with the legal relationships between the atate and mdJviduala and w1th the relatione among gov ernmental agenci-. Cf private law. 3. See public In- ternational law. ( 176:>-75) Publllc Lend' Inc Rlchtl , (in Brite1n) an act of Par lioment that directs compenaation to on author for the library loan of hia or her book. publllc-ll•a•bJIII•ty lnlur'ance (pub'hk li'e bil'I- IA), insurance covering the inaured againat risks involv-ing liability to the public for damages ariains from negli gence. publllc IJibrary, a nonprofit library established for tho use or the general rublic nnd maintained chiefly by public funds. (1605-15 publllc life!, public service as an elected or appointed aovernment official (1775-85) pubollc•IY (pub'Jik Ill), adv. 1. in a public or open manner or place. 2. by the public. 3. in the name of tho community. 4-by public action or con~~ent.. [19~; PUBUC + •LY) pubollc•neu (publlik nia). n the quahty or atate of being public or being owned by the public. (1595-1605; PUBLIC + •NIISS) pCi•bii•CO (J)Wbli kOI; Sp. J)l!ll'vlo k6'). n., pl. -coa (-kOz'; Sp. -k6JV). (eap. in Puerto Rico) a tax1 that picka up and diachargee pusengere along a fixed route ( < AmerSp; Sp: lit.., PUBUC) publllc oflferlnc. a aate of a new ieeue of !lecuritiea to the general public through a manag~ng underwriter (opposed to pnuote placement): required to be registered with the Securities and Exchonge Conurueeion. publllc of/fleer, a person appointed or elected to a governmental poet.. (1920-26) publllc opln/lon, the collective opinion of many peo-ple on some iNue, problem, etc., eap. aa a guide to action, declaion, or the like. [1560-70) publllc-G•Pintlon poiJI (publlik e pm'yen), a poll taken by aampllng a croae eection of the public in an effort to predict election reeults or to eatimate public at.-titudes on iaeuea. (1935-40) publllc poVIcy, 1. the fUndamental policy on which lawa rest. eap. policy not yet enunciated In apecific rule&. 2. Law. the princir,>le that injury to the public good or public order conatitutea a baaia for eetling aaide, or denying efTe.:t to, acta or tranaactiona. ( 1775-85) publllc proslecutor, an officer charged with the conduct of criminal prosecution in the interest of the public. publllc relaltlons, 1. the actions of 8 corporation, atore, government., individual, etc., in promoting goodwill between itself and the public, the community, employMI. cuotomen, ete. 2. the Ill'\. technique. or profeseion of promoting such goodwill (1800-10) publllc room/, o lounge or other room that ia open to all, eap. in a hotol or on a ship. (1975-80) Dtth/11,.. ••Ia/ ... , .. ....: __ I.J .. I' •~ ,.,...,.,.. ~"'' puck-carrier tor, the urea of the notion's affaire under governmental rather than private control. cr private sector. ( 1950-55] publllc .. rvlant. a person holding a government office or job by election or appointment; peraon in public aervice. ll670-80) publllc lervllce, 1. the busineN of aupply1ng an es-sential commodity, aa goa or electricity, or a aervice, as transportation, to tho ~reneral public. 2. government employment; civil aervice. 3. a service to the public ren-dered without charge by a profit·making organ~zation: Thi.a rod1o program hoa been brought to you oa a public urvict. ( 156()..:70) publllc-•ervllce corpora'tlon (publlik allr'vis), 8 private or quasi-private corporation chartered to pro-vide an e.aential commodity or service to the public. (1900-06) publllc lpeakllnc. 1. the act of delivering apee<:hea in public. 2. the art or skill of addreaeing an audience effectively. (1755-66) pub•IIC-Iplr•lt•ed (pub'lik spir'! lid), adj. havmg or showing an unselfish interest in the public welfare: o publiC·IPirittd citizen. (1670-80] -publllc:-aplrllt•ed• ness. n. publllc ltat'ute. See public law (def 1). publllc trultl. See charitable truat. publllc utJIIIty, 1. a business enterprise. aa a public-service corporation. performing an easential public serv-ice and regulated by the federal, atate, or local govern-ment-Cf utility (def 3). 2. Usually. public utllltleL stt>cka or bonda of public-utility companies, excluding railroads. (1900-05] pub'llc-u•tllll•ty, aci.J. publllc works/, structures, aa roads. dams. or poat offices, paid for by government fUnds for public use. (1670-80) Publllc Works/ Admlnlstrattlon, the US federal agench (1933-44) that 1natituted and administered e.,ro-~~A~r the construction of public works. Abbr.; P A, pubolllh (publlish), v.t. 1. to iMue (printed or other-wise reproduced textual or graphic material. computer son ware, ate.) for aale or distribution to the public. 2. to i.asuc publidy the work of: Random Houu publl8hte Faulkner. 3. to announce formally or officially, pro- daim; promulgate. 4. to make publicly or generally known. II. Law. to communicate (n defamatory at.ate- ment) to some peraon or persons other than tho person defamed -v.l. 6. to ieaue newspapers. booka. computer software, etc.; engage in publishin1r The ntw houu will atort to publl8h n.ext month. 7. to have one's work pub-lished: Sht has decided to publish with another house. [1300-60: ME/ublillllhen < AF • pub/iss-, long s. of 'publir, for M publitr < L pllbhcore to make PUBLtCj -publllah•a•ble. a<(j. -Syn. 3. disc:loee. reveal, declare. See announce. -Ant. 3. conceal. pubolllh•er (pub'li 1har), n. 1. 11 person or company whose businesa is the publishmg of books, pcriod1cals, engraving&, computer software, otc 2. the business head or a newspaper organization or publishing houae. commonly the owner or the repreaentauve of the owner ( 14.25-75; late ME: one who proclaims publicly; see PUB- USN, •lrR1) pubolllh•lnc (publh ehmg), n. tho activities or bllJ!i-neaa of a publisher, eap. ofboolu! or periodicals: He p/o"" to go 1nto publishi"'J after college. (1375-1425; late ME (ger.); see PUBUSH, -INC1j publlllhlnc hou1el, a company that publiehea booka. pamphleta, engravmga. or the like: a uenuablt publiSh- ing houu &n Boston. (1820-30) pub•lllh•ment (publliah rnant), n. Archaic. publica-tion. (1485-95; PUBU8H + ·MSNT] PUC, Pubhc Utilit1ee Commi111on Also, P.U.C. pu+ea (poo!ka), n. (in folklore) an Irish spirit, mischie- vous but not malevolent, corresponding to the English Puck. Also. pooka. ( < lr puca; !ICO PucK] Puc•CI•nl (poO che'nl; ft. J)l!lll chG'n6), n. Gla•co-mo (jii.'ko m6), 1858-1924, Italian operatic composer puc+eoon (pa koonl), n. 1. any of certain plants that yield a red dye, aa tha bloodroot and certain planta be-longing to the genus Ll!hospermum. or the bor&j!O fam- ily. 2. the dye itaelf. (1605-15, Amer.: < Vir(llnia Al-gonquinn (E sp.) poug"hkone the horb LithosJ'(!rmllm uulgort 11nd the red dye made from Its root (c. Unami Delaware pi-lu-n bloodroot)) puce (pyOlle). oci.J. 1. of a dark or brownish purple. -n. 2. a dark or brownish purple (1780-90, < F: lit.., Oea < L pUhc-. a. of pale%) pu•cel•l81 (pya sell.,.), n. (used w&th o singular u.) a tool resembling tongs or eheare for handling and ehaping molten elasa. Also, procellaL (1895-1900; appar er- roneously for PROCCLLAS) puck (puk), n. 1. let Hockey. a black disk of vulcanized rubber that is to be hit into the goal. 2. Brit. Computers. mouse (def. 4). (1800-95; alter. of POKE1] Puck (pukl. n. 1. Also called Hobaoblln. Robin Good- fellow. a particularly mioc:hievoue aprlte in Ent~lieh folk-lore who appears ae a character in Shakespeare's A Ml.d-aummer N1ght•a Drfllm. 2. (Lc.) a malicioue or rnischievoua demon or apirit; a jrobhn. (bef. 1000: ME pouke, OE piica; c ON plllc1 a m1oc:hievous demon) puck•a (puk'al. aDJ. pukka. Page 28 of 97 commercial law commerlcial law/, the legal regulations governing transactions and related matters in business and trade. [1755-65] commer'cial palper, 1. negotiable paper, as drafts, bills of exchange, etc., given in the course ofbusiness. 2. corporate promissory notes, usually short-term and un- secured, sold in the open market. [1830--40, Amer.] commerlcial pi'lot, an airplane pilot licensed to transport passengers, goods, etc. commer'cial trav'eler, a traveling sales represent- ative. [1800--10] com•mie1 (kom'e), n., adj. (often cap.) Informal (dis- paraging and offensive). communist. Also, commy. (1935-40; COMM(UNIST) + -IE] com•mie2 (kom'e), n. a playing marble, esp. one not used as a shooter. [1920--25; comm(on marble) + -IE] com•mi•nate (kom'a nat'), v.t., v.i., -nat•ed, -nat•ing. 1. to threaten with divine punishment or vengeance. 2. to curse; anathematize. [1605-15; back formation from COMMINATION] com•mi•na•tion (komia na'shan), n. 1. a threat of punishment or vengeance. 2. a denunciation. 3. (in the Church of England) a penitential office read on Ash Wednesday in which God's anger and judgments are proclaimed against sinners. (1400--50; late ME ( < AF) < L commination-(s. of comminatio), equiv. to comminat- (us), ptp. of comminari to threaten (com-COM-+ minari to threaten) + -ion--ION] -com'mi•naltor, n. -com•min•a•to•ry (ka min'a torle, -tor'e, kom'a na-), com'mi•na'tlve, adj. Com•mines (ko men'). n. Phl•llppe de (fe lep' da). See Comines, Philippe de. com•min•gle (ka ming'gal), v.t., v.i., -gled, -gling. to mix or mingle together; combine. [1620--30; COM-+ MINGLE] -com·min'gler, n. com•mi•nute (kom'a noot', -nyoot'), v., -nut•ed, -nut• ing, adj. -v.t. 1. to pulverize; triturate. -adj. 2. comminuted; divided into small parts. 3. powdered; pul- verized. [1620--30; < L comminiltus, ptp. of com-minuere, equiv. to com-COM-+ minuere to lessen, akin to minor MINOR] -com'mi•nu'tion, n. com/minuted fraclture, a fracture of a bone in which the separated parts are splintered or fragmented. See illus. under fracture. [1825-35] com•mi•nu•tor (kom'a noo'tar; -nyoo'-), n. a ma- chine that pulverizes solids, as in waste treatment. (COMMINUTE + -OR2] com•mls (ko me'; Eng. ka me'), n., pl. -mis (-me'; Eng. -mez'). French. an assistant, esp. to a chef. com•mis•er•ate (ka miz'a rat'), v., -at·ed, -at-ing. -v.t. 1. to feel or express sorrow or sympathy for; em- pathize with; pity. -v.i. 2. to sympathize (usually fol. by with): They commiserated with him over the loss of his job. [1585-95; < L commiseratus (ptp. of commise- rari), equiv. to com-COM-+ miser pitiable (see MISERY) + -atus -ATE'] -com•mis'er•a•ble, adj. -com•mls'· er·a'tion, n. -com•mister•a'tive, adj. -com•mis'· er•a'tive•ly, adv. -com•mister•altor, n. com•mis·sar (kom'a sari, komia sari), n. 1. the head of any of the major governmental divisions of the U.S.S.R.: called minister since 1946. 2. an official in any communist government whose duties include political in- doctrination, detection of political deviation, etc. [1915- 20; < Russ komissiir < G Kommissar < ML commis- sarius COMMISSARY] com•mis•sar•i•at (kom'a siir'e at), n. 1. any of the major governmental divisions of the U.S.S.R.: called ministry since 1946. 2. the organized method or manner by which food, equipment, transport, etc., is delivered to armies. 3. the department of an army charged with supplying provisions. (1600--10; < NL commissariatus, equiv. to ML commissari(us) COMMISSARY + -atus -ATE3; (def. 1) < Russ komissariat < < NL, as above] com•mis•sar•y (kom'a ser'e), n., pl. -sar•ies. 1. a store that sells food and supplies to the personnel or workers in a military post, mining camp, lumber camp, or the like. 2. a dining room or cafeteria, esp. one in a motion-picture studio. 3. a person to whom some re- sponsibility or role is delegated by a superior power; a deputy. 4. (in France) a police official, usually just below the police chief in rank. 5. commissar. [1350--1400; ME commissarie ( < AF) < ML commissarius, equiv. to L commiss(us) (ptp. of committere to COMMIT) + -arius -ARY] -com•mls·sar•l•al (kom'i siir'e al), adj. com•mis•sion (ka mish'an), n. 1. the act of commit- ting or giving in charge. 2. an authoritative order, charge, or direction. 3. authority granted for a particu- lar action or function. 4. a document granting such au- thority. 5. a document conferring authority issued by the president of the U.S. to officers in the Army, Navy, and other military services, and by state governments to justices of the peace and others. 6. the power thus granted. 7. the position or rank of an officer in any of the armed forces. 8. a group of persons authoritatively charged with particular functions: a parks commission. 9. the condition of being placed under special authorita- tive responsibility or charge. 10. a task or matter com-mitted to one's charge; official assignment: The architect received a commission to design an office building. 11. the act of committing or perpetrating a crime, error, etc.: The commission of a misdemeanor is punishable by law. 12. something that is committed. 13. authority to act as agent for another or others in commercial transac- CONCISE ETYMOLOGY KEY: <, descended or borrowed from; >, whence; b., blend of, blended; c., cognate with; cf., compare; deriv., derivative; equiv., equivalent; imit., imitative; obi., oblique; r., re-placing; s., stem; sp., spelling, sk::lled; resp., respelling, respelled; ~~~li~~ ~h~~sl~~nihZ· f~fii~~y i~sid~~h~ iro~~a;~~~d; t. probably 412 tions. 14. a sum or percentage allowed to agents, sales representatives, etc., for their services: to work on a 20 percent commission. 15. In commission, a. in service. b. in operating order: A great deal of work will be neces-sary to put this car in commission again. c. Also, into commission. Navy. (of a ship) manned and in condition for or ordered to active service. 16. on commission, paid entirely or partially with commissions from sales one has made or for work one has done: The salespeople who are on commission earn 6 percent of the total amount they sell. 17. out of commission, a. not in service. b. not in operating order: The stove is out of commission. -v.t. 18. to give a commission to: to com-mission a graduate of a military academy. 19. to au- thorize; send on a mission. 20. to give the order that places a warship, military command, etc., in a state of complete readiness for active duty. 21. to give a com- mission or order for: The owners commissioned a paint- ing for the building's lobby. [1300--50; ME ( < AF) < L commission-(s. of commissio) a committing. See coM-, MISSION, COMMIT] -com•misfsion•a•ble, adj. -com• mis'sion•al, adj. -com•mis'slve, adj. -com•mis'· sive•ly, adv. com•mis•sion•aire (ka mish'a niir'). n. Brit. a uni- formed attendant, as a doorkeeper or usher. [1755-65; < F commissionnaire; see COMMISSION, -AIRE] commislsioned oflficer, a military or naval officer holding rank by commission. [1675-85] com•mis•sion•er (ka mish'a nar), n. 1. a person commissioned to act officially; member of a commission. 2. a government official or representative in charge of a department or district: the police commissioner; the com-missioner of a colony. 3. an official chosen by an ath-letic association to exercise broad administrative or judi- cial authority: the baseball commissioner. [1400--50; late ME < AF. See coMMISSION, -ER2] -com•mis'sion•er• ship', n. commis'sion house!, a brokerage firm that buys and sells securities on commission. [1825-35, Amer.] commis'sion plant, a system of municipal govern- ment in which all the legislative and executive powers of the city are concentrated in the hands of a commission. [1915-20] commissure (def. 2) AB, line of the com- missural faces of the two carpels com•mis•sure (kom'a shoor', -shur'), n. 1. a joint; seam; suture. 2. Bot. the joint or face by which one car-pel coheres with another. 3. Anat., Zool. a connecting band of nerve fiber, esp. one joining the right and left sides of the brain or spinal cord. [1375-1425; late ME ( < MF) < L commissura, equiv. to commiss(us) (see COM- MISSARY) + -ilra -URE] -com•mis•su•ral (ka mish'ar- al, kom' a shoor' al, -shur'-), adj. com•mis•sur•Ot•o•my (kom'a sha rot'a me), n., pl. -mies. Surg. the incision of a band of commissures, esp. of mitral fibers, to correct mitral stenosis. Cf. valvulot-omy. (COMMISSURE + -0-+ -TOMY] com•mit (ka mit'), v., -mlt•ted, -mit•ting. -v.t. 1. to give in trust or charge; consign. 2. to consign for pres-· ervation: to commit ideas to writing; to commit a poem to memory. 3. to pledge (oneself) to a position on an issue or question; express (one's intention, feeling, etc.): Asked if he wcis a candidate, he refused to commit himself. 4. to bind or obligate, as by pledge or assurance; pledge: to commit oneself to a promise; to be committed to a course of action. 5. to entrust, esp. for safekeeping; commend: to commit one's soul to God. 6. to do; perform; perpe- trate: to commit murder; to commit an error. 7. to con- sign to custody: to commit a delinquent to a reformatory. 8. to place in a mental institution or hospital by or as if by legal authority: He was committed on the certificate of two psychiatrists. 9. to deliver for treatment, dis-posal, etc.; relegate: to commit a manuscript to the flames. 10. to send into a battle: The commander has committed all his troops to the front lines. 11. Par!. Proc. to refer (a bill or-the like) to a committee for con- sideration. -v.i. 12. to pledge or engage oneself: an athlete who commits to the highest standards. (1350-- 1400; ME committen ( < AF committer) < L committere, equiv. to com-COM-+ mittere to send, give over] -com•mit'ta•ble, adj. -com•mit'ter, n. -Syn. 6. carry out, effect, execute. com•mit•ment (ka mit'mant), n. 1. the act of com- mitting. 2. the state of being committed. 3. the act of committing, pledging, or engaging oneself. 4. a pledge or promise; obligation: We have made a commitment to pay our bills on time. 5. engagement; involvement: They have a sincere commitment to religion. 6. perpe- tration or commission, as of a crime. 7. consignment, as to prison. 8. confinement to a mental institution or hos- pital: The psychiatrist recommended commitment. 9. an order, as by a court or judge, confining a person to a mental institution or hospital. 10. Law. a written order of a court directing that someone be confined in pi-ison; mittimus. 11. Par!. Proc. the act of referring or entrust- ing to a committee for consideration. 12. Stock Ex- change. a. an agreement to buy or sell securities. b. a sale or purchase of securities. Also, committal (for defs. 1, 3-11). (1605-15; COMMIT + -MENT] com•mit•tal (ka mit'!), n. an act or instance of com- mitting; commitment. [1615-25; COMMIT + -AL2] com•mit•tee (ka mit'e), n. 1. a person or group of persons elected or appointed to perform some service or function, as to investigate, report on, or act upon a par- ticular matter. 2. See standing committee. 3. Law. an individual to whom the care of a person or a person's estate is committed. [1425-75; late ME < A.F· MIT, -EE] -com•mit'tee·ism, com•mltttee. •h!lee ~ -Usage. See collective noun. 5 IP', II. com•mit•tee•man (ka mit'e man, -rnan' -men (-man, -men~)._ 1. a member of a corn )~ II., the leader of a political ward or precinct. 3 ~ttee. ~ ~~:::~. (§:!5_-!~;n~OMMITTEE + MAN'] . ee ._. Comn:tit'tee ~f Corr~spond' ence, A 1. an mtercolomal committee organized 1772f:er. kilt Adams in Massachusetts to keep colonists in{, S~ British anticolonial actions and to plan colon°prtedt ance or countermeasures. 2. (sometimes I.e ) a Ia ~ ious similar organizations formed for the ~arn ny of~. during the late colonial period. Also called Core Pu~ ence Committee. (1760--70, Amer.] re~ commit' tee ~f one'. an individual perso ' nated to functwn alone as a committee. [~~~­Amer.] -~ commit' tee of the whole', the entire me of a legislative body, sitting in a deliberative rallibe~ a legislative capacity, for informal debate and er~hai nary consideration of matters awaiting legislativ PreiiJi [1745-55] ea~ com•mit•tee•per•son (ka mit'e pur'san) member of a committee. 2. the leader of a polit~· 11., or precinct. (COMMITTEE(MAN) + -PERSON] ca IYIJi -Usage. See -person. com•mit•tee•wom•an (ka mit'e wd'Orn'an) -wom•en. 1. a woman serving as a member of 11., ~ mittee. 2. a woman who is the leader of a politic~ COin. Or precinct. (1850--55; COMMITTEE + WOMAN] IYIJi -Usage. See -woman. com•mix (ka miks'), v.t., v.i. to mix together· bie!t [1375-_1425; back formation f~om com_mixt (ptp.), ME <I commtxtus (ptp. of commtscere), eqUiv. to com-COli mix-(var. s. of miscere to mix) + -tus ptp. ending]· • com•mi~·~ure (ka miks'~har), n. ~-the act or PI'Ol'la of commu~mg. 2. the. c<?ndJtiO~ of bemg commixed; t:iJ. ture. 3. (I~ a EuchanstiC service) the placing of a part~ the. Host m the chahce. [1580-90; < L commixru11. eqUiv. to commtxt.(us) (see COMMIX) + -ilra -URE] COm•mo (kom'o), n., pl. -mos. Australian Info~ COmmunist. (1915-20; COMM(UNIST) +-0] com•mode (ka mod'), n. 1. a low cabinet or similar piece of furniture, often highly ornamental, contaiaq drawers or shelves. 2. a stand or cupboard containm,1 cham~er pot or washbasin. 3 .. toilet (def. 1). 4. a jl011a. ble tmlet, esp. one on a chairhke frame with wheela,1 fo~ an inval!d. 5. an elaborate headdress consittq chiefly of a high framework decorated With lace, riblxa, etc., worn perched on top of the hair by women in 111 late 17th and early 18th centuries. [1680-90; < F <I commodus convenient, equiv. to com-COM-+ modu MODE1] commode' (def. 1) com•mo•di•ous (ka mo'de as), adj. 1. spaciouslll convenient; roomy: a commodious apartment. 2. ampil or adequate for a particular purpose: a commodwus.~ bor. [1375-1425; late ME < ML commodiosus, equl~­ L commodi(tas) convenience (see COMMODITY) +dl:: -ous] -com•mo'di·ous•ly, adv. -com•mo' ness, n. com•mod•i•ty (ka mod'i te), n., pl. -ties. 1. an 8~ of trade or commerce, esp. a product as distingut~ from a service. 2. something of use, advanta~ value. 3. Stock Exchange. any unprocessed or pa pi! processed good, as grain, fruits, and vegetable~7~1411: cious metals. 4. Obs. a quantity of goods. [1 I'Jllll late ME commodite < AF < L commoditiis ttme~). convenience, equiv. to commod(us) (see coMM00 -itiis -ITY] commodlity exchange/, an exchange forth~:. ing and selling of futures contracts on commodl butter, coffee, sugar, and grains. [1930-35] , lsiJ. Commodlity Fu'tures Trad'ing Comm15 ted~ U.S. Gout. an independent regulatory agency, ere~ 1975, that supervises the trading of futures on co ity exchanges. Abbr.: CFTC 1 COm•mO•dore (kom'a dor', -dor'). n. 1. ~~ grade of flag officer next in rank below a rear nd fll 2. Brit. Navy. an officer in temporary comma squadron, sometimes over a captain on the 3. Navy. the senior captain when· two or msrNavY war are cruising in company. 4 . (in the U. · con1 Merchant Marine) the officer in command of 8sse)s. 5. the senior captain of a line of merchant v;oal t}j the president or head of a yacht club or ndtul [1685-95; earlier commandore, perh. < D koma F commandeur COMMANDER] (4 ,.II! Com•mO•dus (kom'a das), n. Lucius Ae·li·f;2. !n~ (e'le as), A.D. 161-192, Roman emperor 180-' successor of Marcus Aurelius. d·. 1.111: com•mon (kom'an), adj., -er, -est. n. -aj0reot longing equally to, or shared alike by, two or Page 29 of 97 Page 1 Chapter 16 - DEFINITIONS SECTION 16.01. - GENERAL Sec. 16.01.010. - Purpose. The purpose of this chapter is to define words, terms, and phrases contained within this Unified Development Code, unless otherwise specifically defined elsewhere herein. Sec. 16.01.020. - Word Usage. A. In the interpretation of provisions in this Code, the rules of this chapter shall be observed and applied, except when the context clearly indicates or requires otherwise. In case of a conflict between this chapter and the text of this Code, an interpretation shall be made by the Director. B. For the purpose of this Code, certain terms and words are hereby defined; terms not defined herein shall be construed in accordance with adopted building codes, the City Code of Ordinances or their customary usage and meaning. C. Random House Webster's Unabridged Dictionary may be referenced to determine the meaning of terms not otherwise defined within this chapter, subject to approval of interpretation by the Director. D. Terms found in this Code may be defined in this chapter in alternate order. For example, "Senior Activity Center" may be listed here as "Activity Center, Senior." Utility Service, Intermediate. Publicly or privately owned facilities or systems including elevated water storage tanks, lift stations, telephone switching facilities (over 100 square feet gross floor area), electric substations, or other similarly required facilities in connection with telephone, electric, steam, water, sewer, or other similar utilities; and towers erected by a public authority for public safety or emergency services communication purposes. Utility Service, Major. Publicly or privately owned facilities or systems including generation, production, or treatment facilities such as power plants, water treatment plants, wastewater treatment plants (including package treatment plants), or similar utilities; and, radio and television transmission towers. Utility Services, Minor. Publicly or privately owned facilities or systems that are necessary to support principal development. Minor utilities include transmission lines (whether, subterranean or overhead) including electrical, natural gas, and water distribution lines; sewer gravity lines and pressure mains; underground septic tanks and drain fields; cable television and telephone transmission lines; or similar utility lines; pumping stations; lift stations; and telephone switching facilities (up to 100 square feet gross floor area). Oil Refinery and Distribution. An industrial plant used for the purifying and distribution of crude petroleum (Ord. No. 2014-30, § 2(Exh. A), 5-27-2014; Ord. No. 2015-34, § 2(Exh. A), 5-12-2015; Ord. No. 2016-17, § 2(Exh. A), 3-8-2016) Page 30 of 97 Page -1 - LOCAL GOVERNMENT CODE TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY CHAPTER 211. MUNICIPAL ZONING AUTHORITY SUBCHAPTER A. GENERAL ZONING REGULATIONS Sec. 211.001. PURPOSE. The powers granted under this subchapter are for the purpose of promoting the public health, safety, morals, or general welfare and protecting and preserving places and areas of historical, cultural, or architectural importance and significance. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec. 211.008. BOARD OF ADJUSTMENT. (a) The governing body of a municipality may provide for the appointment of a board of adjustment. In the regulations adopted under this subchapter, the governing body may authorize the board of adjustment, in appropriate cases and subject to appropriate conditions and safeguards, to make special exceptions to the terms of the zoning ordinance that are consistent with the general purpose and intent of the ordinance and in accordance with any applicable rules contained in the ordinance. (b) A board of adjustment must consist of at least five members to be appointed for terms of two years. The governing body must provide the procedure for appointment. The governing body may authorize each member of the governing body, including the mayor, to appoint one member to the board. The appointing authority may remove a board member for cause, as found by the appointing authority, on a written charge after a public hearing. A vacancy on the board shall be filled for the unexpired term. Page 31 of 97 Page -2 - (c) The governing body, by charter or ordinance, may provide for the appointment of alternate board members to serve in the absence of one or more regular members when requested to do so by the mayor or city manager. An alternate member serves for the same period as a regular member and is subject to removal in the same manner as a regular member. A vacancy among the alternate members is filled in the same manner as a vacancy among the regular members. (d) Each case before the board of adjustment must be heard by at least 75 percent of the members. (e) The board by majority vote shall adopt rules in accordance with any ordinance adopted under this subchapter. Meetings of the board are held at the call of the presiding officer and at other times as determined by the board. The presiding officer or acting presiding officer may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. (f) The board shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote. The board shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the board's office and are public records. (g) The governing body of a Type A general-law municipality by ordinance may grant the members of the governing body the authority to act as a board of adjustment under this chapter. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 126, Sec. 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 724, Sec. 1, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 363, Sec. 1, eff. Sept. 1, 1997. Sec. 211.009. AUTHORITY OF BOARD. (a) The board of Page 32 of 97 Page -3 - adjustment may: (1) hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this subchapter or an ordinance adopted under this subchapter; (2) hear and decide special exceptions to the terms of a zoning ordinance when the ordinance requires the board to do so; (3) authorize in specific cases a variance from the terms of a zoning ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done; and (4) hear and decide other matters authorized by an ordinance adopted under this subchapter. (b) In exercising its authority under Subsection (a)(1), the board may reverse or affirm, in whole or in part, or modify the 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 has the same authority as the administrative official. (c) The concurring vote of 75 percent of the members of the board is necessary to: (1) reverse an order, requirement, decision, or determination of an administrative official; (2) decide in favor of an applicant on a matter on which the board is required to pass under a zoning ordinance; or (3) authorize a variation from the terms of a zoning ordinance. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1993, 73rd Leg., ch. 126, Sec. 2, eff. Sept. 1, 1993; Acts Page 33 of 97 Page -4 - 1995, 74th Leg., ch. 724, Sec. 2, eff. Aug. 28, 1995. Sec. 211.010. APPEAL TO BOARD. (a) Except as provided by Subsection (e), any of the following persons may appeal to the board of adjustment a decision made by an administrative official: (1) a person aggrieved by the decision; or (2) any officer, department, board, or bureau of the municipality affected by the decision. (b) The appellant must file with the board and the official from whom the appeal is taken a notice of appeal specifying the grounds for the appeal. The appeal must be filed within a reasonable time as determined by the rules of the board. On receiving the notice, the official from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record of the action that is appealed. (c) An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the board facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the board or a court of record on application, after notice to the official, if due cause is shown. (d) The board shall set a reasonable time for the appeal hearing and shall give public notice of the hearing and due notice to the parties in interest. A party may appear at the appeal hearing in person or by agent or attorney. The board shall decide the appeal within a reasonable time. (e) A member of the governing body of the municipality who serves on the board of adjustment under Section 211.008(g) may not bring an appeal under this section. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 363, Sec. 2, eff. Sept. 1, 1997. Page 34 of 97 Page -5 - Sec. 211.011. JUDICIAL REVIEW OF BOARD DECISION. (a) Any of the following persons may present to a district court, county court, or county court at law a verified petition stating that the decision of the board of adjustment is illegal in whole or in part and specifying the grounds of the illegality: (1) a person aggrieved by a decision of the board; (2) a taxpayer; or (3) an officer, department, board, or bureau of the municipality. (b) The petition must be presented within 10 days after the date the decision is filed in the board's office. (c) On the presentation of the petition, the court may grant a writ of certiorari directed to the board to review the board's decision. The writ must indicate the time by which the board's return must be made and served on the petitioner's attorney, which must be after 10 days and may be extended by the court. Granting of the writ does not stay the proceedings on the decision under appeal, but on application and after notice to the board the court may grant a restraining order if due cause is shown. (d) The board's return must be verified and must concisely state any pertinent and material facts that show the grounds of the decision under appeal. The board is not required to return the original documents on which the board acted but may return certified or sworn copies of the documents or parts of the documents as required by the writ. (e) If at the hearing the court determines that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take evidence as directed. The referee shall report the evidence to the court with the referee's findings of fact and conclusions of law. The referee's report constitutes a part of the proceedings on which the court shall make Page 35 of 97 Page -6 - its decision. (f) The court may reverse or affirm, in whole or in part, or modify the decision that is appealed. Costs may not be assessed against the board unless the court determines that the board acted with gross negligence, in bad faith, or with malice in making its decision. (g) The court may not apply a different standard of review to a decision of a board of adjustment that is composed of members of the governing body of the municipality under Section 211.008(g) than is applied to a decision of a board of adjustment that does not contain members of the governing body of a municipality. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 363, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 646, Sec. 1, eff. Aug. 30, 1999. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch. 476, Sec. 1, eff. June 18, 1999. Page 36 of 97 Page 1 SECTION 2.04. - ZONING BOARD OF ADJUSTMENT (ZBA) Sec. 2.04.010. - Powers and Duties. Pursuant to Texas Local Government Code § 211.009, the Zoning Board of Adjustment may: A. Hear and decide an appeal that alleges error in an order, requirement, decision or determination made by an Administrative Official (see Section 2.02) in the enforcement of this Code; B. Hear and decide Special Exceptions when this Code requires the Board to do so; and C. Authorize in specific cases a Variance from the zoning requirements of this Code if the Variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done. Page 37 of 97 Page 1 Sec. 2.04.030. - General Rules for Zoning Board of Adjustment Matters. In exercising its authority under Subsection 2.04.010.A., the Board may reverse or affirm, in whole or in part or modify the Administrative Official's order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, as provided for by Texas Local Government Code ch. 211. Page 38 of 97 Page 1 Sec. 3.14.020. - Appeal Procedures. A. Initiation. Within 30 days after the date of the administrative decision, appeal of an administrative decision may be initiated by any person aggrieved by the administrative decision or any officer, department, board or bureau of the City affected by the decision. B. Content of Notice of Appeal. The notice of appeal must specifically set forth all grounds for appeal. C. Effect of Appeal. An Appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the Appeal is taken certifies in writing to the Board the facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the Board or a court of record, after notice to the official and if due cause is shown. Page 39 of 97 Page 1 Sec. 3.14.020. - Appeal Procedures. A. Initiation. Within 30 days after the date of the administrative decision, appeal of an administrative decision may be initiated by any person aggrieved by the administrative decision or any officer, department, board or bureau of the City affected by the decision. B. Content of Notice of Appeal. The notice of appeal must specifically set forth all grounds for appeal. C. Effect of Appeal. An Appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the Appeal is taken certifies in writing to the Board the facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the Board or a court of record, after notice to the official and if due cause is shown. Page 40 of 97 Page 1 Sec. 3.14.030. - Review Criteria. The Zoning Board of Adjustment or Planning and Zoning Commission considers whether the Director of Planning and Development or other administrative official's action was appropriate considering the details of the case and the requirements contained in this Unified Development Code. The Board or Commission will make its decision based on this Unified Development Code and the information presented to the Board or Commission by the applicant and the Director or other Administrative Official. A. Appeal Hearing. The Zoning Board of Adjustment or Planning and Zoning Commission shall set a reasonable time for hearing the Appeal and shall give notice to the parties and to the public. Each Appeal must be heard by at least 75 percent (75%) of the members of the Board or Commission. B. Burden of Proof in Appeals. When an Appeal is taken to the Zoning Board of Adjustment or Planning and Zoning Commission, the Director's or other Administrative Official's action is presumed to be valid. The applicant shall present sufficient evidence and have the burden to justify a reversal of the action being appealed. The Director may present evidence and argument to the contrary. C. Findings and Conclusions. All findings and conclusions necessary to the permit or Appeal decision shall be based upon reliable evidence. Competent evidence (evidence admissible in a court of law) will be preferred whenever reasonably available, but in no case may findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed. In exercising its authority, the Board or Commission may reverse or affirm, in whole or in part or modify the 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 or Commission has the same authority as the Administrative Official. Page 41 of 97 Page -1 - LOCAL GOVERNMENT CODE TITLE 7. REGULATION OF LAND USE, STRUCTURES, BUSINESSES, AND RELATED ACTIVITIES SUBTITLE A. MUNICIPAL REGULATORY AUTHORITY CHAPTER 211. MUNICIPAL ZONING AUTHORITY SUBCHAPTER A. GENERAL ZONING REGULATIONS Sec. 211.001. PURPOSE. The powers granted under this subchapter are for the purpose of promoting the public health, safety, morals, or general welfare and protecting and preserving places and areas of historical, cultural, or architectural importance and significance. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Sec. 211.011. JUDICIAL REVIEW OF BOARD DECISION. (a) Any of the following persons may present to a district court, county court, or county court at law a verified petition stating that the decision of the board of adjustment is illegal in whole or in part and specifying the grounds of the illegality: (1) a person aggrieved by a decision of the board; (2) a taxpayer; or (3) an officer, department, board, or bureau of the municipality. (b) The petition must be presented within 10 days after the date the decision is filed in the board's office. (c) On the presentation of the petition, the court may grant a writ of certiorari directed to the board to review the board's decision. The writ must indicate the time by which the board's return must be made and served on the petitioner's attorney, which must be after 10 days and may be extended by the court. Granting of the writ does not stay the proceedings on the decision under Page 42 of 97 Page -2 - appeal, but on application and after notice to the board the court may grant a restraining order if due cause is shown. (d) The board's return must be verified and must concisely state any pertinent and material facts that show the grounds of the decision under appeal. The board is not required to return the original documents on which the board acted but may return certified or sworn copies of the documents or parts of the documents as required by the writ. (e) If at the hearing the court determines that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take evidence as directed. The referee shall report the evidence to the court with the referee's findings of fact and conclusions of law. The referee's report constitutes a part of the proceedings on which the court shall make its decision. (f) The court may reverse or affirm, in whole or in part, or modify the decision that is appealed. Costs may not be assessed against the board unless the court determines that the board acted with gross negligence, in bad faith, or with malice in making its decision. (g) The court may not apply a different standard of review to a decision of a board of adjustment that is composed of members of the governing body of the municipality under Section 211.008(g) than is applied to a decision of a board of adjustment that does not contain members of the governing body of a municipality. Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1997, 75th Leg., ch. 363, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 646, Sec. 1, eff. Aug. 30, 1999. Page 43 of 97 Page 1 Sec. 3.14.030. - Review Criteria. The Zoning Board of Adjustment or Planning and Zoning Commission considers whether the Director of Planning and Development or other administrative official's action was appropriate considering the details of the case and the requirements contained in this Unified Development Code. The Board or Commission will make its decision based on this Unified Development Code and the information presented to the Board or Commission by the applicant and the Director or other Administrative Official. A. Appeal Hearing. The Zoning Board of Adjustment or Planning and Zoning Commission shall set a reasonable time for hearing the Appeal and shall give notice to the parties and to the public. Each Appeal must be heard by at least 75 percent (75%) of the members of the Board or Commission. B. Burden of Proof in Appeals. When an Appeal is taken to the Zoning Board of Adjustment or Planning and Zoning Commission, the Director's or other Administrative Official's action is presumed to be valid. The applicant shall present sufficient evidence and have the burden to justify a reversal of the action being appealed. The Director may present evidence and argument to the contrary. C. Findings and Conclusions. All findings and conclusions necessary to the permit or Appeal decision shall be based upon reliable evidence. Competent evidence (evidence admissible in a court of law) will be preferred whenever reasonably available, but in no case may findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed. In exercising its authority, the Board or Commission may reverse or affirm, in whole or in part or modify the 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 or Commission has the same authority as the Administrative Official. Page 44 of 97 Page 1 Sec. 3.14.040. - Decision on Appeal. The Board or Commission shall review the application, the Director's report, conduct a Hearing in accordance with the Board's or Commission's established procedures and State law, and take final action on the application. It shall require a concurring vote of three-fourths vote of all members of the Zoning Board of Adjustment or Planning and Zoning Commission to overturn an administrative decision. Page 45 of 97 Page 1 Sec. 3.14.030. - Review Criteria. The Zoning Board of Adjustment or Planning and Zoning Commission considers whether the Director of Planning and Development or other administrative official's action was appropriate considering the details of the case and the requirements contained in this Unified Development Code. The Board or Commission will make its decision based on this Unified Development Code and the information presented to the Board or Commission by the applicant and the Director or other Administrative Official. A. Appeal Hearing. The Zoning Board of Adjustment or Planning and Zoning Commission shall set a reasonable time for hearing the Appeal and shall give notice to the parties and to the public. Each Appeal must be heard by at least 75 percent (75%) of the members of the Board or Commission. B. Burden of Proof in Appeals. When an Appeal is taken to the Zoning Board of Adjustment or Planning and Zoning Commission, the Director's or other Administrative Official's action is presumed to be valid. The applicant shall present sufficient evidence and have the burden to justify a reversal of the action being appealed. The Director may present evidence and argument to the contrary. C. Findings and Conclusions. All findings and conclusions necessary to the permit or Appeal decision shall be based upon reliable evidence. Competent evidence (evidence admissible in a court of law) will be preferred whenever reasonably available, but in no case may findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed. In exercising its authority, the Board or Commission may reverse or affirm, in whole or in part or modify the 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 or Commission has the same authority as the Administrative Official. Page 46 of 97 Page 47 of 97 Page 48 of 97 {00009301 / v5 / / PLAN / 00014 / 03/08/2017} 1 City of Georgetown’s Objection to Applicant’s standing to appeal [Plea in Abatement] File No: APPL-2017-001 Applicant: Rawhide, LLC, by and through attorney Brett A. Miller Date Filed January 3, 2017 Because Rawhide does not allege facts sufficient to give it standing to bring the instant appeal, the City of Georgetown makes this objection and requests the Zoning Board of Adjustment to make a finding that Rawhide is not an “Aggrieved person” pursuant to applicable law and therefore cannot bring this appeal. Factual Background Enterprise Crude Pipeline, LLC, owns a 10.058 acre tract of land (the “Enterprise Tract”) situated at 555 Rabbit Hill Road in south Georgetown. The location of the Enterprise Tract is indicated by the cross-hatched area on the map attached hereto as Exhibit A. When Enterprise purchased this property on April 21, 2016, it was outside the city limits of Georgetown but was annexed on April 26, 2016 and given the initial zoning of Agriculture Zoning District (“AG”). On or about August 4, 2016 Enterprise filed a Master Application (the “Rezone Application”) to rezone the property, ultimately requesting to rezone to a Business Park District (“BP”). A copy of the Rezone Application for rezoning is attached as Exhibit B. Rawhide, LLC owns two tracts of land (the “Rawhide Tracts”) immediately to the east of the Enterprise Tract, but outside of the city limits of Georgetown. The location of the Rawhide Tracts are indicated as the two lots with uppercase “R” to the east of the cross-hatched area on the map attached hereto as Exhibit A. Rawhide, LLC acquired this property in 2004 from Jeffrey and Christina Miller, and according to the Texas Secretary of State, Jeffrey, Christina and Brett A. Miller are the current members (owners) of Rawhide, LLC. On November 17, 2016, Rawhide sold Enterprise a 50-foot wide permanent easement passing through both sections of the Rawhide Tracts for the purpose of running a “pipeline … and any appurtenant facilities (Easement attached as Exhibit C).” The first reading of the ordinance to discuss the rezoning of the Enterprise Tract was at the November 21, 2016 regular meeting of the Georgetown City Council (the “Council”).1 Brett Miller appeared and made a statement urging the Council not to approve a “pipeline permit” for the Enterprise Tract. Council action on that first reading was postponed to the regular Council meeting on December 13, 2016. The City’s planning director, Sofia Nelson (the “Director”) presented the ordinance to rezone the Enterprise Tract to BP and recommended approval to the Council. Brett Miller, as a member of the public, also spoke at the meeting in opposition to the “permit.” The 1 In order for the Enterprise Tract to be rezoned from AG to BP, the Georgetown City Council must pass an ordinance in an open meeting, and before the Council can vote on the ordinance, the ordinance must be presented in two open meetings. Members of the public are also able to speak on matters before the Council in open meetings. This two-part Council discussion with the public of an ordinance is referred to informally as the “first reading” and “second reading” of an ordinance. Page 49 of 97 {00009301 / v5 / / PLAN / 00014 / 03/08/2017} 2 Council approved the first reading. On January 3, 2017, Rawhide, LLC, through its attorney, Brett Miller, filed a Master Application appealing the Director’s “Interpretation (REZ-2016-026) of UDC Definition of “Utility Services” to Include Crude Oil Pump Station.” A copy of this Master Application and the brief filed in support by Rawhide are attached hereto as Exhibit D and will be referred to collectively as the “Appeal”. With the Appeal pending, on January 10, 2016, Council approved the Rezone Application on its second reading, rezoning the Enterprise Tract from AG to BP. Statutory Requirement for Appeal Not every person or every company has the right to appeal the Director’s administrative decisions to the Zoning Board of Adjustment (the “ZBA”). In fact, only members of the public (individual or corporate) who have been “aggrieved by the decision” have the right to appeal.2 As part of the appeal process, the ZBA must ensure that the parties to the appeal have the proper standing to be before the Board. The threshold standing question that the ZBA must answer in the affirmative before it can even hear arguments on the merits of the appeal is whether Rawhide alleges and proves enough facts to show it is a “person aggrieved by the decision” of the Director.3 The Third Court of Appeals explained the reasons for this in the Austin Neighborhoods Council, Inc. v. Board of Adjustment of City of Austin case as follows: We are of the opinion that in this era when agencies are besieged with innumerable complaints by innumerable parties, the agencies, when empowered by statute, should demand a party to show his standing to bring the complaint. This is not to deny any party any substantive right of access to the agency, but it merely guarantees the efficient opportunity of exercising the right. … An agency can not waive what the legislature has demanded.4 Texas courts have ruled that in order to show “aggrievement” and have standing to bring this appeal, Rawhide must prove how it has been “injured or damaged other than as a member of the general public (emphasis added).”5 Rawhide does not establish “aggrievement” Rawhide fails to demonstrate how the alleged injury or damages would qualify as an injury to Rawhide other than a member of the general public. Rawhide summarizes its standing as follows: As the neighboring property owner, Dr. Miller is an “aggrieved person” and has standing to appeal the Planning Director’s decision to the Georgetown Zoning Board of Adjustment. Dr. Miller’s [sic] is uniquely harmed by the administrative decision because the value of his property will decrease and his easement access will be effected by the crude oil pump station.6 2 Tex. Local Gov’t Code Ann. § 211.010(a). 3 Id. 4 Austin Neighborhoods Council, Inc. v. Board of Adjustment of City of Austin, 644 S.W.2d 560, 566 (Tex.App. – Austin, 1982 writ ref’d, n.r.e.). 5 Scott v. Board of Adjustment, 405 S.W.2d 55, 56 (Tex. 1966). 6 Ex D at 3. Page 50 of 97 {00009301 / v5 / / PLAN / 00014 / 03/08/2017} 3 Further, Rawhide alleges additional injuries to Rawhide’s property including increased noise from the pump station and “perpetual threats to health and safety.”7 Of the four reasons given, only restriction of access which is discussed below, is arguably unique to Rawhide—the remaining injuries would be suffered, if at all, by the public generally and not Rawhide uniquely. In its 13th footnote, Rawhide cites Scott v. Board of Adjustment as supporting its standing.8 The appeal at issue in the Scott case, however, was not to the Board of Adjustment – it was an appeal from the Board of Adjustment to a higher court.9 To have standing to appeal a decision from a Board of Adjustment one can be a taxpayer, so the analysis is entirely different. And in the Scott case, the person appealing was appealing as a taxpayer and not as an “aggrieved person.”10 To quote from the case, “Inasmuch as the plaintiffs have the right to bring the suit as taxpayers, we do not reach the question as to whether they have sufficient injury to themselves or their property to be considered ‘persons aggrieved.’”11 The Court also makes clear that, “inasmuch as they are suing as taxpayers, it was not necessary for them to prove particular damage which would be required if they were suing as ‘persons aggrieved.’”12 So the important holding from Scott for the purposes of Rawhide’s appeal is that because Rawhide is appealing as a “person aggrieved” it must prove particular damage. Rawhide has not proven particular damage or alleged facts that, if proven, would satisfy this requirement. As discussed below, Rawhide has not demonstrated that its access will be impaired because of the Director’s administrative decision. Mere Proximity is not sufficient Rawhide asserts that the Rawhide Tract’s proximity to the Enterprise Tract is enough to give Rawhide some special status, but as appellate courts of this state have made clear, mere proximity does not impart “aggrieved person” status under the law. For example, in the Lazarides v. Farris case, relied upon by Rawhide in its appeal, Mr. Farris was appealing a city official’s decision to issue a certificate of occupancy to Mr. Farris’ neighbor who had constructed improvements that altered the flow of water across the property and actually flooded Mr. Farris’ home.13 The Court ultimately determined that Mr. Farris was “aggrieved” other than as a member of the general public not merely because he was adjacent landowner, as Rawhide’s Appeal implies, but because Mr. Farris suffered actual damages caused by a neighbor’s actions.14 Likewise, in the Galveston Historical Foundation case, the Court considered a challenge to standing of a neighboring property owner.15 The Galveston Historical Foundation (“GHF”) rented a historic mansion in Galveston’s historic and special “Broadway Overlay Zone” and challenged the permit allowing a non-historic sign within that zone. 16 Membership within the 7 Id. 8 Id. 9 Scott v. Board of Adjustment, 405 S.W.2d 55, 55 (Tex. 1966). 10 Id. at 57. 11 Id. (emphasis added). 12 Id. (emphasis added). 13 Lazarides v. Farris, 367 S.W.3d 788, 794-795 (Tex.App.Ct. – Houston [14th Dist.], 2012). 14 Id. at 799-800. 15 Galveston Historical Foundation v. Zoning Board of Adjustment of the City of Galveston, 17 S.W.3d 414 (Tex.App.Ct. – Houston [1st Dist.], 2000). 16 Id. at 418. Page 51 of 97 {00009301 / v5 / / PLAN / 00014 / 03/08/2017} 4 special zone was the basis for deciding whether the GHF was “aggrieved” for the purposes of standing and not mere proximity.17 The Court held that a deviation by one property owner from the rules of the Broadway Overlay Zone did create a unique impact on each of the other property owners in the Zone distinguishable from the public generally.18 In the instant case, the Rawhide Tracts and Enterprise Tract are not located in a common special zone of any sort, and they have no special relationship to one another. Rawhide’s alleged damages are indistinguishable from those a member of the general public could claim. No evidence that Rawhide’s access will be impaired. Rawhide states in its appeal that access to the Rawhide Tract is currently through an easement across the Enterprise Tract where the pump station will be located and that the easement access will be affected by the pump station.19 Further, Rawhide argues that because only Rawhide uses that easement, its injury is unique and not shared with general public.20 Rawhide, however, fails to show how the Director’s determination that a pump station for crude oil is a utility services, intermediate use has any affect whatsoever on Rawhide’s easement for access. Instead, Exhibit A to Rawhide’s appeal, indicates the existence of a recorded easement referenced no less than five times in the official property records of Williamson County.21 Further, the warranty deed, attached as Exhibit E, transferring the Enterprise Tract to Enterprise specifically references the access easement as a permitted exception to the conveyance.22 Rawhide’s conclusory assertion that its access will be impaired because of the Director’s determination, therefore causing injury, is not supported by its own exhibit nor any other evidence available. And while Rawhide correctly quotes the Court in the Galveston Historical Foundation case, that it is not required to show legal injury in order to establish standing, no Court holding indicates that Rawhide is at liberty to manufacture imagined injury.23 In addition, State law requires that Rawhide qualify as a person “aggrieved by the decision” appealed—a connection between the injury and the decision must be established.24 In the cases discussing standing, the nexus between the alleged injury and the decision is obvious—for instance, in Lazarides, the issuance of the Certificate of Occupancy resulted in construction that arguably flooded the aggrieved person’s property; and in Galveston Historic Foundation, the decision to allow proposed sign would impair the historic nature of the Historic Zone affecting the appellant’s business.25 In each case, the connection is obvious in the facts given. By contrast, Rawhide’s primary alleged basis for standing is impairment of access. Yet, it does not assert facts showing how the director’s determination could have any connection to that access. In other words, how can allowing a pump station as a utility service, intermediate use 17.Id. 18 Id. 19 Ex. D at 3. 20 Id. 21 Ex D at Exhibit A. 22 Ex E at 5. 23 Galveston Historical Foundation, 17 S.W.3d at 419. 24 Tex. Local Gov’t Code Ann. § 211.010(a). 25.See Galveston Historical Foundation, 17 S.W.3d 414; Lazarides, 367 S.W.3d 788. Page 52 of 97 {00009301 / v5 / / PLAN / 00014 / 03/08/2017} 5 affect Rawhide’s access in an way different from any other use of the Enterprise Tract. If development of the Enterprise Tract will in some way impair Rawhide’s access, that is a question for review during site plan or other development stage, not zoning and use determination. Speculative injuries potentially suffered by the general public not sufficient Rawhide raises three additional alleged injuries as basis for standing—decreased property value, increased noise, and threats to health and safety. All three injuries are not specific to Rawhide and no evidence to support the assertions.26 As with the impairment of access, Rawhide alleges injury without any evidence to support its allegation. State law requires that Rawhide establish its standing and not merely through assertions without evidence. In Austin Neighborhoods Council, Inc. v Board of Adjustment, the appellant to the board of adjustment failed to demonstrate its standing.27 In holding that the appellants failure to do provide evidence of its standing resulted in dismissal, the Court explains that the statute requires that the appellant provide evidence of its standing as an aggrieved person to bring the appeal.28 While Rawhide does allege basis for standing, it provides no evidence of its standing, placing its appeal within the same category as the Austin Neighborhoods Council’s appeal. State law prevents the ZBA from hearing an appeal unless standing has been established. 26 Even if Rawhide can establish through sufficient evidence that any of these assertions is true, Rawhide cannot distinguish itself from the general public other than proximity. As already discussed, proximity is not sufficient to establish particular injury. 27 Austin Neighborhoods Council, Inc, 644 S.W.2d at 566. 28 Id. 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