§ 155.04 DEFINITIONS.
   (A)   Rules for construction of language. For the purpose of the administration and enforcement of these regulations, and unless otherwise stated, the following rules of construction shall apply:
      (1)   The word “shall” is always mandatory and not discretionary. The word “may” is permissive.
      (2)   Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural, the singular, unless the context clearly indicates the contrary.
      (3)   The phrase “used for” includes “arranged for,” “designed for,” “maintained for,” “provided for,” or “occupied for.”
      (4)   The word “person” includes an individual, a corporation, a partnership, or any other similar entity.
      (5)   Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events, connected by the conjunction “and,” “or,” or “either...or,” the conjunction shall be interpreted as follows:
         (a)   “And” indicates that all the connected items, conditions, provisions, or events shall apply;
         (b)   “Or” indicates that the connected items, conditions, provisions, or events may apply singly or in any combination;
         (c)   “Either...or” indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination.
      (6)   The word “includes” shall not limit a term to the specified examples, but is intended to extend its meaning to all instances or circumstances of like kind or character.
(`88 Code, Ch. 9, § 4.01)
   (B)   Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESS. The primary means of ingress and egress to abutting property from a dedicated right-of- way.
   ALLEY. 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.
   BUILDING SETBACK LINE or BUILDING LINE or SETBACK LINE . A line defining an area on the building lot between the street right-of-way line and all other property lines and the building line within which no building or structure shall be constructed (also referred to as a "yard"), encroach or project except as specifically authorized in an adopted ordinance of the city. The term BUILDING SETBACK LINE may be used interchangeably with the terms BUILDING LINE(S) and SETBACK LINE(S) throughout the subdivision regulations.
      (1)   FRONT BUILDING SETBACK LINE (defining a front yard). A line parallel to the street right-of-way line which the building faces, and takes its primary access from. Where lots have multiple frontages on one or more streets, the required front yard shall be provided on each street (see examples below).
      (2)   SIDE BUILDING SETBACK LINE (defining a side yard). A line parallel to an adjacent lot which the building sides up to.
      (3)   REAR BUILDING SETBACK LINE (defining a rear yard). A line parallel to an adjacent lot or alley, which the building backs up to and has its rear or secondary access from.
 
   COMMISSION. The Planning and Zoning Commission of the city.
   COMPREHENSIVE PLAN. The plan made and adopted by the City Council indicating the general locations recommended for the major thoroughfares, streets, parks, public buildings, zoning districts and other public improvements.
   CUL-DE-SAC. A street having one end open to traffic and being permanently terminated 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 specific purposes.
   ENGINEER. A person duly authorized under the provisions of the Texas Engineering Practice Act, being Tex. Rev. Civ. Stat. Art. 3271a, as heretofore or hereafter amended, to practice the profession of engineering.
   EXTRATERRITORIAL JURISDICTION. 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 Texas Municipal Annexation Act, being Tex. Local Gov't Code §§ 43.001 et seq., in accordance with the total population of the incorporated city. The EXTRATERRITORIAL JURISDICTION of the city is one mile from the city limits.
   FINAL PLAT. The map, drawing, or chart in which the subdivider's plan of subdivision is presented and which he submits for approval and intends in final form to record.
   FLOOD. A temporary rise in water level that results in inundation of areas not ordinarily covered by water.
   FLOODPLAIN. Any land area susceptible to being inundated by water from any source.
   GOVERNING BODY. The City Council or any duly appointed official, officer or agency designated by the City Council to execute the provisions of the Zoning Code.
   IMPROVEMENTS. Street pavement, curbs, sidewalks, pedestrian ways, water mains, sanitary and storm sewers, permanent street monuments, trees and other appropriate items.
   LOT. An undivided tract or parcel of land having frontage onto a public street or an approved private way 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 lot number or symbol in a duly approved subdivision plat which has been properly filed on record.
   LOT OF RECORD. Any lot which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk.
   PRELIMINARY PLAT. The map, drawing, or chart in which the subdivider's plan of subdivision and existing conditions is presented for tentative approval prior to submitting the final plat as herein stated.
   STREET. A right-of-way which provides principal vehicular and pedestrian access to adjacent properties.
      (1)   ARTERIAL STREET. A major traffic route crossing and connecting remote parts of the city and which is used primarily for fast or heavy volume traffic.
      (2)   COLLECTOR STREET. A road which provides circulation within neighborhoods, carries traffic from minor streets to arterial streets, or carries traffic through or adjacent to commercial or industrial areas.
      (3)   MARGINAL ACCESS STREET. A road which is parallel to and adjacent to an arterial street, and primarily provides access to abutting properties and protection from through traffic.
      (4)   MINOR STREET. A road used primarily for access to abutting residential property.
      (5)   PRIVATE STREET OR WAY. A private right-of-way serving more than one ownership, built to standard city specifications for a public street and approved as provided herein. A private street or way is owned in common by the owners of real property in the subdivision and must be maintained by the homeowners association of the subdivision.
      (6)   PUBLIC STREET. A right-of-way dedicated to public use, built to standard city specification for a public street, whether designated as a street, avenue, highway, road, boulevard, lane, place or otherwise, and which has been accepted by the city for maintenance.
   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 any tract of land situated within the corporate limits, or within one mile of such limits, in two or more parts for the purpose of laying out any subdivision of any tract of land or any addition of any town or city, or for laying out suburban lots or building lots, or any lots, and 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. SUBDIVISION includes resubdivision, but 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.
   SURETY BOND. A surety bond or cash deposit made out to the city in an amount equal to the full cost of the improvements which are required by these regulations.
   SURVEYOR. A licensed state land surveyor or a registered public surveyor authorized by state statute to practice the profession of surveying.
   VARIANCE. A modification or variation from the provisions of these regulations as applied to a specific piece of property.
(`88 Code, Ch. 9, § 4.02) (Ord. 100, passed 12-12-78; Am. Ord. 99-024, passed 11-9-99; Am. Ord. 1999-028, passed 12-14-99; Am. Ord. O-2012-005, passed 4-24-12)