§ 32-3. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alley means a minor public right-of-way which provides a secondary means of vehicular access to abutting property and which is used primarily for vehicular traffic to the rear or side of properties which otherwise abut on a public street.

Block means a tract or parcel of land designated as such on a duly recorded plat and may be entirely surrounded by public streets or by a combination of public streets and public parks, cemeteries, railroad rights-of-way or natural or manmade physical features that disrupt what would otherwise be an unbroken landscape, e.g., ditches, gullies, ridges.

Building means any structure which is built for the support, shelter or enclosure of persons, animals, chattels, machinery, equipment or movable property of any kind.

Building line or building setback line means a line parallel to the frontal street right-of-way line and defines an area on the building lot between the street right-of-way line and the building line within which no building shall be constructed.

Comprehensive plan means the comprehensive urban plan for the city, and adaptations, amendments or supplements thereto, which has or have been adopted in principle by the city planning and zoning commission as a guide to future development of the city and its surrounding area.

Crosswalk means a public right-of-way not more than six feet in width between property lines which provide pedestrian circulation.

Cul-de-sac means a street having but one outlet to another street and terminated on the opposite end by a vehicular turnaround.

Dead-end street means a street, other than a cul-de-sac, with only one outlet.

Developer means any person subdividing a tract or parcel of land to be sold or otherwise handled for his own personal gain or use.

Double-front lot means a building lot, not a corner lot, which has frontage on two streets that are parallel or within 45 degrees of being parallel to each other.

Easement means a strip of land reserved for the use of the public by the grantor, usually at the rear or side of lots or parcels of land, in which to install and maintain utility lines, drainage ditches or channels, or for other city or public services; the ownership or title to the land encompassed by the easement being retained by the owner. In granting the easement, the grantor is in effect vesting the public with authority to control the use of land within the easement and, in exercising such control, the city may specify that no building or part of a building or other permanent structure or fence, in case of a drainage easement, may be located within the limits of the easement.

Engineer means a person duly authorized and licensed under the provisions of the Texas Engineering Practice Act, V.T.C.A., Occupations Code ch. 1001 to practice the profession of engineering.

Extraterritorial jurisdiction means, within the terms of the state municipal annexation act, V.T.C.A., Local Government Code ch. 43, the unincorporated area not a part of any other city, which is contiguous to the corporate limits of the city, the outer boundaries of which are measured from the extremities of the corporate limits of the city outward for such distances as may be stipulated in the state municipal annexation act in accordance with the total population of the incorporated city, in which area, within the terms of the act, the city may enjoin the violation of this chapter.

Filing date means the date which is ten days prior to the regular meeting of the city planning and zoning commission at which the subdivision plat, preliminary or final, is to receive consideration.

Filing fee means the prescribed plat and lot fee rates, as hereinafter stipulated, to accompany the filing with the city planning and zoning commission of preliminary and final subdivision plats.

Final plat means the map or plan of the proposed subdivision submitted to the city planning and zoning commission on or before the filing date, for approval by the city planning and zoning commission, and said plat shall be prepared in accordance with this chapter.

Front or frontage means that portion of a tract of land which abuts on a public street to which it has direct access.

Lot means a physically undivided tract or parcel of land having frontage on a public street which is, or in the future may be, offered for sale, conveyance, transfer, lease or improvement, which is designated as a distinct and separate tract and which is identified by a lot number or tract symbol on a duly approved subdivision plat which has been properly recorded.

Lot depth means the length of a straight line connecting the midpoint of the front and rear lot lines.

Lot width means the average length of the front and rear property lines.

Major street or thoroughfare plan means the comprehensive plan of major and secondary streets and highways as a part of the city's comprehensive plan and adaptations, amendments or supplements thereto as adopted by the planning and zoning commission and the council.

Major thoroughfare means a public street which is designed for and used for fast or heavy traffic, or is intended to serve as a major trafficway of considerable continuity, and is designated as such upon the most recent plan for major thoroughfares of the city, as adopted by the planning and zoning commission and the council.

Minor street means any public street which is not classified as a major thoroughfare or secondary street.

Pavement width means the portion of the surface of a street available for vehicular traffic, and where curbs are laid. It is the portion between the face of curbs.

Person means any individual, association, firm, corporation, governmental agency or political subdivision.

Plat means a map, drawing, chart or plan showing the layout of a proposed subdivision into lots, blocks, streets, parks, school sites, commercial or industrial sites, drainageways, building lots, easements, alleys or any similar type of plat, which a developer submits for approval and a copy of which he intends to record in final form.

Preliminary plat means the first or introductory plat of a proposed subdivision where a developer intends to submit, from time to time, additional fractional final plats.

Public easements means a right granted or dedicated to the public or governmental agency in, on, across, over or under property for specified uses by an instrument or map duly recorded in the records of the county clerk.

Public street means a right-of-way dedicated to public use for pedestrian and vehicular traffic and public utility purposes.

Reserve means a tract, parcel or unit of land not physically divided, having frontage on a public street, which is proposed and intended for other than a single-family residential use and which is, or in the future may be, offered for sale, conveyance, transfer, lease or improvement, and which is designated as a distinct separate tract and which is identified by a reserve symbol on a duly approved subdivision plat which has been properly recorded with the county clerk.

Sidewalk means a minimum 48-inch width Portland cement paved pedestrian walkway extending for the entire length of a block parallel to a street right-of-way line or street pavement edge, which walkway shall be constructed within the right-of-way of any public street.

Street means a public right-of-way, however designated, which provides vehicular circulation and access to an adjacent property.

(1)

Major street , major thoroughfare or arterial street means a principal traffic artery or trafficway, usually of more or less continuous routing over long distances, whose function is to serve as a principal connecting street with state and federal highways, and shall include each street designated as a major thoroughfare or street on the major street or thoroughfare plan of the city or so designated by the planning and zoning commission and council. The minimum width of right-of-way shall be 80 feet.

(2)

Secondary street or collector street means a street whose function is to collect and distribute traffic between major thoroughfares and minor streets, is not necessarily of continuous routing for long distances, has intersections at grades and provides direct access to abutting property, and shall include each street designated as a secondary street on the major street or thoroughfare plan or so designated by the planning and zoning commission and council. The minimum width of right-of-way shall be 70 feet.

(3)

Minor street means a street whose function is to provide access to abutting residential property within neighborhoods, with all intersections at grade, and not of continuous routing for any great distance so as to discourage heavy, through traffic. The minimum width of right-of-way shall be 60 feet.

Subdivision means any division of property for which a plat is required to be approved and recorded under the provisions of V.T.C.A., Local Government Code ch. 212, V.T.C.A., Local Government Code ch. 43, the state municipal annexation act, and under this chapter. The term "subdivision" means any division of any tract of land situated within the corporate limits of the city or within one mile of such limits, into two or more parts for the purpose of laying out any subdivision of any tract of land or any addition of the city, or for laying out suburban lots or building lots, or any lots, streets, alleys or parts or other portions intended for public use or the use of purchasers or owners of lots fronting thereon or adjacent thereto. The term "subdivision" shall include resubdivision and, when in context, shall relate to the process of subdividing or to the land or area subdivided. The term "resubdivision" means the division of an existing subdivision, together with any change of lot size therein, or with the relocation of any street lines; however, it does not include the division of land for agricultural purposes in parcels or tracts of five acres or more and not involving any new street, alley or easement of access.

Surveyor means a registered public land surveyor as authorized by the Professional Land Surveying Practices Act, V.T.C.A., Occupations Code ch. 1071.

Unrestricted shall be used to label or designate land proposed to be used for a purpose not consistent with the proposed use of the major portion of the subdivision.

(Code 1973, § 17-3; Ord. No. 71-14, § 3; Ord. No. 98-19, § A)

State law reference

Definitions relating to the regulation of subdivisions, V.T.C.A., Local Government Code § 212.001.