§ 159.008 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ALLEY. A public right-of-way which affords a secondary means of access to abutting property.

   BLOCK. A tract or parcel of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, highways, streams or corporate boundary lines. There may be more than one numbered BLOCK as shown on a plat falling within a single BLOCK , as herein defined. The City Engineer serves as the city’s authority as to the determination of questions regarding the limits or extent of a BLOCK .

   BOARD. The Planning Board of the city.

   BUILDING. Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind.

   BUILDING LINE or SETBACK LINE. The rear line of a required front yard which is generally parallel to the street line that forms the front lot line. No building or structure may be permitted in the area between the building line and the street right-of-way.

   BUILDING LOT. A single tract of land located within a single block which, (at time of filing for a building permit) is designed by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. It shall front upon a public street or other approved place. Therefore, a BUILDING LOT may be subsequently subdivided into two or more BUILDING LOTS , and a number of BUILDING LOTS may be cumulated into one BUILDING LOT , subject to the provisions of this chapter and Ch. 160 of this code of ordinances.

   BUILDING OFFICIAL. The Building Inspections Department head and the administrative official charged with responsibility for issuing permits and enforcing Ch. 160 of this code of ordinances and Building Codes of the city.

   CERTIFICATE OF OCCUPANCY OR COMPLIANCE. An official certificate issued by the city through the enforcing official which indicates conformance with or approved conditional waiver from zoning regulations and which authorizes legal use of the premises for which it is issued.

   CITY. The City of Texas City, Texas.

   CITY COMMISSION. The elected Mayor and Commission members, the governing body with the legislative authority of the city.

   CITY ENGINEER. The professional civil engineer representing the city.

   CITY PLANNER. The professional urban planner representing the city.

   COMMISSION. The City Commission with the legislative authority of the city.

   COMMON AREA. Real property and/or improvements thereon, including, but not limited to, private storm drains, streets, sidewalks, utilities, parks, lakes and/or screening walls; open space; trails and/or floodplain management areas. COMMON AREA is either owned in fee, controlled as an easement or is property leased by the property owners association for the common use, enjoyment and benefit of the members of the property owners association. All COMMON AREAS shall be maintained by the members of the property owners association, not the city.

   CONCEPT PLAN. A plan that establishes the general development intent. It serves as a guide for the approval of future site plans and plats relating to the property.

   COUNTY. Galveston County.

   CUL-DE-SAC. A local street with only one primary outlet and having a terminal of sufficient width for the reversal of traffic movement.

   DEAD-END STREET. A street having right-of-way or pavement which terminates abruptly at one end without intersection with another street, but has no terminal of sufficient width for the reversal of traffic movement.

   DEDICATION. The act transmitting property or interest to the city or other entity.

   DEVELOPER , DEVELOPMENT or TO DEVELOP. Includes the construction of a new building or any structure on a building lot, the relocation of an existing building to another building lot or the use of open land for a new use. TO DEVELOP is to create a development. DEVELOPER is the person or legal entity undertaking to develop real property in the city.

   DEVELOPMENT REVIEW COMMITTEE. A committee consisting of city staff, utility company representatives and other public officials who review all plats and site plans submitted for municipal approval.

   EASEMENT. A right given by the owner of a parcel of land to another person, public agency or private corporation for specific and limited use of that parcel.

   FINAL ACCEPTANCE. The acceptance by the city of all capital improvements constructed by a developer in connection with the development of land.

   FIRE MARSHAL. The official Fire Marshal or designated representative of the city.

   FLAG LOT. A lot that is designed in a manner such that the main structure on the lot is accessible only by a long, narrow strip leading from a public street.

   FLOODPLAIN. The area subject to inundation by flood, having a given percentage of probability of occurrence in any given year, based on existing conditions of development within the watershed area, as determined by the Floodplain Administrator and/or the City Engineer.

   FLOODWAY. The channel and adjacent areas of watercourse within which no obstructions to flow are allowed, so that the 100-year flood may pass without cumulatively increasing the 100-year floodplain elevation. The FLOODWAY will be defined by the Floodplain Administrator and/or the City Engineer.

   GEOMETRIC DESIGN STANDARDS. The minimum allowable engineering geometric standards adopted by the city affecting the functional traffic level operation, service and safety of highways, roads, alleys and streets in the city.

   HOMEOWNERS OR PROPERTY OWNERS ASSOCIATION (HOA OR POA). A formal non-profit organization operating under recorded land agreements established to maintain or improve a given tract of real property.

   INFRASTRUCTURE. All streets, alleys, sidewalks, storm drainage facilities, water and wastewater facilities, utilities, lighting, transportation and such other facilities as required by the city.

   LOT. Any plot of land occupied or intended to be occupied by one building or a group of buildings, any accessory buildings and uses and having its principal frontage on a street.

   LOT OF RECORD. An area of land designated as a lot on a plat of a subdivision recorded, pursuant to statutes of the state, with the County Clerk or an area of land held in single ownership described by metes and bounds upon a deed recorded or registered with the County Clerk prior to annexation by the city.

   MONUMENT. A permanent structure set on a line to define the location of property lines, important horizontal subdivision control points and other important features on a plat.

   MUTUAL ACCESS EASEMENT. A grant of one or more of the property rights by the property owner or owners to and/or for the use or benefit by the public, for access between and/or across two or more lots or tracts of land.

   PLANNING BOARD. The City Planning Board appointed by the City Commission to study and advise the Commission in matters of city planning and zoning and which is authorized to review/approve subdivision plats and site plans.

   PLAT. A plan of a subdivision of land creating building lots or tracts and showing all essential dimensions and other information essential to comply with the subdivision standards of the city subject to review/approval by the Planning Board and City Commission. Reference to a PLAT in the chapter means an official plat of record which has been reviewed/approved by the Planning Board and or the City Commission and filed in the plat records of the county. A PLAT includes a REPLAT .

   PLAT, AMENDING. A plat making minor corrections to a previously approved plat in accordance with Tex. Local Gov’t Code Ch. 212.

   PLAT, FINAL.

      (1)   A map of a land subdivision prepared in a form suitable for filing of record with necessary affidavits, dedications and acceptances.

      (2)   A FINAL PLAT is a legal document that describes a tract of land by bearings and distances, locates and defines easements, and dedicates the necessary rights-of-way for streets and alleys.

      (3)   The FINAL PLAT determines conformance to subdivision regulations, the zoning ordinance, other related codes and city policies.

   PLAT, MINOR. A plat involving four or fewer lots fronting on an existing street and not requiring the creation of any new street or the extension of municipal facilities.

   PLAT, PRELIMINARY.

      (1)   A map of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed development.

      (2)   It is intended to provide a review of the overall lot configuration, water and sewer services and street patterns.

      (3)   The review will determine conformance with the city’s subdivision and development regulations.

      (4)   A PRELIMINARY PLAT allows the city and the developer to estimate future participation in infrastructure costs.

   PLAT, VACATING. To cancel, rescind or render an act that has the effect of voiding a subdivision plat as recorded in the County Clerk’s office.

   PUBLIC PARK. Any publicly owned or controlled park, playground, parkway, greenbelt or roadway within the jurisdiction and control of the city.

   REPLAT. A legal document that describes a tract of land by bearings and distances; locates and defines easements and dedicates the necessary rights-of-way for streets and alleys and which is prepared is to accommodate changes in lots, blocks, utility easements, boundary lines, rights-of-way or street names of the subdivision of a tract which has been previously platted.

   ROADWAY. The portion of any street or road, between curbs or shoulders, designated for vehicular traffic.

   STREET. A public right-of-way which affords a primary means of access to abutting property. A driveway or alley which serves only to give secondary vehicular access to a building lot or to an accessory parking or loading facility, or to allow vehicles to take or discharge passengers at the entrance to a building shall not be considered a STREET .

   STREET, ARTERIAL. A street intended as the primary urban traffic-carrying system between major traffic centers.

   STREET, COLLECTOR. A street intended to provide circulation within neighborhoods, to carry traffic from minor or local streets to arterial streets or to carry traffic through or adjacent to commercial or industrial areas.

   STREET, MARGINAL ACCESS. A street which is parallel to and adjacent to an arterial street, which primarily provides access to abutting properties and protection from through traffic.

   STREET, MINOR OR LOCAL. A street is used primarily for access to abutting residential property.

   STREET, PRIVATE. A street which has no publicly dedicated right-of way.

   SUBDIVIDER. Any person, partnership, firm, association, corporation (or combination thereof), or any officer, agent, employee, servant or trustee thereof, who performs or participates in the performing of any act toward the subdivision of land, within the intent, scope and purview of these regulations.

   SUBDIVISION. The division of any tract of land situated within the corporate limits of the city or within the city’s extraterritorial jurisdiction, into two or more parts for the purpose of laying out any subdivision of any tract of land or any addition, or for laying out suburban, building or other lots, and to lay out streets, alleys or parks or other portions intended to be dedicated for public use, or for the use of purchasers or owners of lots fronting thereon or adjacent thereto for the purpose, whether immediate or future, of creating building sites. SUBDIVISION includes RESUBDIVISION .

   THOROUGHFARE PLAN. As depicted in the city’s Comprehensive Plan and Land Use Map is the official plan for the orderly physical development of highways, roads and streets in the city.

   VARIANCE. A form of relief which may be granted to a subdivider by the Planning Board or City Commission.

(Ord. 08-29, passed 10-21-2009)