A. This Title is adopted under the authority of the Constitution and the laws of the State of Texas, including particularly chapter 231, Acts of the 40th Legislature, Regular Session, 1927, as heretofore or hereafter amended (compiled as chapter 212 of the Texas Local Government Code), and the provisions of the Municipal Annexation Act as heretofore or hereafter amended (complied as chapters 42 and 43 of the Texas Local Government Code).
B. This Title is adopted pursuant to the provisions of the Charter of the City. (Ord. 90-02, 6-5-90)
The purpose of this Title is to provide for the orderly, safe, and healthful development of the area within the City and within the area of extraterritorial jurisdiction surrounding the City and to promote the health, safety, morals and general welfare of the community. Such purpose is to be promoted by provisions designed to:
A. Restrict or prohibit subdivision of lands for uses which are dangerous to health, safety or property in times of flood or which, with reasonably anticipated improvements, will cause excessive increases in flood heights or velocities 1 .
B. Protect individuals from buying lands which are unsuited for intended purposes because of flood hazards by prohibiting the subdivision of unprotected flood hazard lands, requiring that flood hazard areas be delineated on the final plat, and areas not suitable for development be subject to deed restrictions.
C. Guide and assist and expedite the developers in correct procedure to be followed and to inform them of the general standards which shall be required.
D. Protect the public interest by controlling the location, design, class and type of streets, sidewalks, utilities and essential services required.
E. Provide for the public welfare, those essential areas for educational, recreational, industrial and commercial purposes. (Ord. 90-02, 6-5-90)
Notes
| 1 | 1. See also Title 12 of this Code for flood control regulations. |
For the purpose of this Title, the following terms, phrases, words, and their derivations shall have the meanings ascribed to them in this Section.
ALLEY: A way which extends only secondary means of access to abutting property. A minor public right of way, not intended to provide the primary means of access to abutting lots, which is used primarily for vehicular service access to the back or sides of properties otherwise abutting on a street.
BLOCK: A piece or parcel of land entirely surrounded by public highways, streams, streets, railroad rights of way or parts, etc., or a combination thereof.
BUILDING SETBACK LINE: The line within a property defining the minimum permissible horizontal distance between a building and the adjacent street right-of-way line.
CITY: The city of Alamo, Texas.
CITY ENGINEER: The person designated by the city to perform the duties of the city engineer.
COMMISSION: The planning and zoning commission of the city of Alamo, Texas.
COMPREHENSIVE PLAN OR GENERAL PLAN: The comprehensive plan is a statement of public policy containing the goals and objectives of the community, the capital improvements program, the land use plan, the major thoroughfare plan, the community facilities plan, the subdivision and zoning regulations and other development codes, ordinances, policies and plans promulgated by the board of commissioners for the quality and orderly growth of the community.
CROSSWALK WAY: A public right of way, six feet (6') or more in width between property lines, which provides pedestrian circulation.
CUL-DE-SAC: A street having but one outlet to another street, and terminated on the opposite end by a vehicular turnaround.
DEAD END STREET: A street, other than a cul-de-sac, with only one outlet.
EASEMENT: A grant by the property owner to the public, a corporation or persons of the use of a strip of land for a specific purpose.
ENGINEER: A person duly authorized under the provisions of the Texas engineering registration act 1 , as heretofore or hereafter amended, to practice the profession of engineer.
GOVERNING BODY: The board of commissioners of the city of Alamo, Texas.
LOT: An undivided tract or parcel of land having its principal frontage on a public street or officially approved open space, and which is, or in the future may be, offered for sale, conveyance, transfer or improvement, which is designated as a distinct and separate tract and which is identified by a tract or lot number or a symbol in a duly approved subdivision plat which has been properly filed on record.
PAVEMENT WIDTH: The portion of a street available for vehicular traffic; where curbs are laid, it is the portion between the face of curbs.
PERSON: Any individual, partnership, association, firm, corporation, governmental agency or political subdivision.
PLANNER, LAND OR CITY: A person having an occupation classified as city or land planning, capable of designing the proposed subdivision or use of real estate and capable of professionally drawing the proposals into map or plan form.
RURAL SUBDIVISION: Any subdivision of land located within the city's jurisdiction for subdivision approval within the distance of one mile from the then existing city limit lines of the city of Alamo and which territory is also located within the five (5) mile subdivision extraterritorial jurisdiction of the city.
SETBACK (OR BUILDING) LINE: A line on a plat parallel, or nearly so, to the street right of way, indicating the limit beyond which buildings or structures may not be erected.
SHALL, MAY: The word "shall" is always mandatory. The word "may" is directory.
STREET: Any public thoroughfare or right of way dedicated to the public and not designated as an alley, which provides vehicular access to adjacent land.
A. An "arterial street" primarily provides movement and vehicular circulation in various sections of the city.
B. A "collector street" primarily provides both movement and access, carrying traffic through or to adjacent commercial or industrial areas.
C. A "local street" is one which is used primarily for access to abutting properties.
D. A "marginal access" street is a street which is parallel to and adjacent to an arterial street or highway and which primarily provides access to abutting properties and protection from through traffic.
STRUCTURE: Anything constructed or erected on the ground, including, but without limitation to, buildings, factories, sheds, cabins, mobile homes and other similar items.
SUBDIVIDER: Any person or any agent thereof, dividing or proposing to divide land so as to constitute a "subdivision" as that term is defined herein. In any event, the term "subdivider" shall be restricted to include only the owner, equitable owner or authorized agent of such owner or equitable owner, of land sought to be subdivided.
SUBDIVISION: A division of a lot, tract or parcel of land situated within the corporate limits, or within the city's statutory extraterritorial jurisdiction, into two (2) or more parts, lots or sites for the purpose, whether immediate or future, of sale, division of ownership or building development. Subdivision includes resubdivision of land or lots which are part of a previously recorded subdivision but it does not include the division of land for agricultural purposes in parcels or tracts of five (5) acres or more and not involving any new street, alley or easement of access.
SURVEYOR: A licensed state land surveyor or a registered professional land surveyor as authorized by the state statutes to practice the profession of surveying.
URBAN SUBDIVISION: A subdivision of land occurring within the boundaries of the city limits or the extraterritorial jurisdiction lying within the area not otherwise defined as covering a rural subdivision. (Ord. 90-02, 6-5-1990; amd. Ord. 3-21-00-02, 3-21-2000)
Notes
| 1 | 1. Vernon's Ann. Civ. St. art. 3271a. |
A. Any officer referred to in this title by title means the person employed or appointed by the city in that position or his duly authorized representative(s).
B. Definitions expressly prescribed herein are to be constructed in accordance with the zoning ordinance 1 or other applicable ordinance of the city, or in the absence of such ordinance, then in accordance with customary usage in municipal planning and engineering practices. (Ord. 90-02, 6-5-1990)
Notes
| 1 | 1. See title 10 of this code. |
In their interpretation and application, the provisions of this title shall be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes. (Ord. 90-02, 6-5-1990)
A. No plat or subdivision of land constituting an urban subdivision within the city or its extraterritorial jurisdiction, as defined under the provisions of Vernon's Texas Code Annotated, Local Government Code, section 212.001 et seq., shall be approved unless the plat conforms to the general plan of the city and its roads, streets, alleys, easements, drainage, and public utility facilities, including those which have been or may be laid out or required to be laid out as necessitated by the subdivision, and to the general plan for the extension of the city and of its roads, streets, alleys, easements, drainage, and public utilities, including access to drainage and public utilities relating thereto.
B. No plat or subdivision of land within the extraterritorial jurisdiction of the city constituting a rural subdivision shall be approved unless the plat conforms to the general plan or requirements for subdivisions of land as promulgated by the commissioners court of the county. In addition thereto, provisions shall be made for the supply of potable water to each lot within such subdivision. Such potable water supply source shall be approved by the state department of health for the supplying of potable water to consumers. The planning and zoning commission is hereby authorized to approve any such plats on behalf of the city and shall, therefore, submit such plats to the county commissioners court for its approval. (Ord. 3-21-00-02, 3-21-2000)
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