A.
For the purpose
of these regulations, certain numbers, abbreviations, terms, and words
shall be used, interpreted and defined as set forth in this Article.
B.
Unless the
context clearly indicates to the contrary words used in the present
tense include the future tense and words used in the plural include
the singular.
C.
The word
"shall" wherever used in this article will be interpreted in its mandatory
sense; the word "may" shall be deemed as permissive.
(Ordinance 030609-3 adopted 6/9/03)
1.
Abandonment.
The relinquishment of property, or a cessation of the use of
property, by the owner with the intention neither of transferring
rights to the property to another owner nor of resuming the use of
the property.
2.
Addition.
A subdivision.
3.
Amending
Plat.
A revised plat correcting errors or making minor
changes to the original recorded final plat as defined in Tex. Loc.
Gov't Code Ann. § 212.016.
4.
Amenity.
An improvement providing an aesthetic, recreational or other
benefit.
5.
Base Flood
Elevation.
The flood having a one percent chance of being
equaled or exceeded in any given year. The base flood shall be determined
by using a fully developed watershed and the criteria for a 100-year
storm.
6.
Block.
A tract of land bounded by streets, or by a combination of streets
and public parks, cemeteries, railroad right-of-way, shorelines of
waterways, or boundary lines of municipalities.
7.
Bond.
Any form of a surety bond in an amount and form satisfactory
to the City.
8.
Building.
Any structure or building for the support, shelter and enclosure
of persons, animals, chattels, or movable property of any kind.
9.
Capital
Improvements Program.
A proposed schedule of future capital
improvement projects listed in order of construction priority together
with cost estimates and the anticipated means of financing each project.
10.
Comprehensive
Plan.
The planning document described in Chapter 211
of the Texas Local Government Code and being the Comprehensive Plan
of the City and adjoining areas recommended by the Planning and Zoning
Commission and approved by the City Council, as may be amended from
time to time.
11.
Concept
Plan.
A plan for development which enables the City to
evaluate major impacts of a proposed development pursuant to Section
XXX [22] of the Gunter Zoning Regulations, or predecessor zoning regulations.
12.
Contiguous.
Lots are contiguous when at least one boundary line of one lot
touches a boundary line or lines of another lot.
13.
County.
Grayson County, Texas.
14.
Developer.
The person, business, corporation or association responsible
for the development of the subdivision, development plat, or addition.
In most contexts the terms Developer and Property Owner are used interchangeably
in these regulations.
15.
Development.
Any man-made change to improved or unimproved real estate, including
but not limited to, construction, enlargement or improvements of buildings,
other structures, streets, alleys, paved surfaces, drainage facilities,
park facilities or utilities. Development does not include agricultural
activities.
16.
Development
Exaction.
Any dedication of land or easements for, construction
of, or contribution toward construction of a public improvement required
as a condition of approval of a subdivision or development plat by
the City pursuant to these regulations.
17.
Development
Plan.
The plan authorizing development in a Planned Development District pursuant to the standards and procedures of Section 20 [22] of the Gunter Zoning Regulations, or predecessor zoning regulations.
18.
Drainageway.
All land areas needed to allow passage of the Base Flood, including
sufficient access above the Base Flood elevation along each side of
the parallel to the natural or excavated channel.
19.
Easement.
An interest in the real property of another, which is the dominant
estate and is a right to use such real property for the purposes specified
therein.
20.
Engineer.
A person duly authorized under the provisions of the Texas Engineering
Practice Act, heretofore or hereafter amended, to practice the profession
of engineering.
21.
Escrow.
A deposit of cash with the City in accordance with City policies.
22.
Final
Plat.
The map of a subdivision or development plat to
be recorded after approval by the City Council and any accompanying
material and additional requirements as described in these regulations.
23.
Flag Lot.
Describes the shape of a certain type of lot, where the access
to the road is provided along the long narrow "flagpole," and the
shape of the lot is rectangular, as a flag. Most of the land does
not face the road. The City of Gunter prohibits flag lots.
24.
Flooding.
A general and temporary condition of partial or complete inundation
of normally dry land areas from: (1) the overflow of inland or tidal
waters; or (2) the unusual and rapid accumulation or runoff of surface
waters from any source.
25.
Floodplain.
An area of land lying below the 100-year water surface elevation.
Floodplains include but are not limited to those areas designated
on FEMA-FIA maps, City maps or any other area with a ground elevation
below the one-hundred-year water surface elevation.
26.
Lot.
A tract, plot or portion of a subdivision or development plat
occupied or to be occupied by a building and its accessory buildings,
or open space, park improvements or other facilities to be privately
held and maintained, such as may be required under these or other
development regulations, and having its principal frontage upon a
public street or officially approved place.
27.
Minor
plat.
(a)
A minor
plat is defined as a subdivision resulting in four (4) or fewer lots
fronting on an existing street, which does not require the creation
of any new street or extension of municipal facilities or services.
A "minor subdivision" is the same as a "minor plat."
(b)
A minor
plat shall meet all of the informational and procedural requirements
set forth for a final plat and shall be accompanied by the required
number of copies of the plat, a completed application form, the required
submission fee, and a certificate or other acceptable form of verification
from the Grayson County Appraisal District showing that all taxes
have been paid on the subject property and that no delinquent taxes
exist against the property.
(c)
Notice,
a public hearing and approval of other lot owners are not required
for the approval of a minor plat.
(d)
The
minor plat shall be entitled and clearly state that it is a "minor
plat."
(e)
The
minor plat shall be filed at the county in the same manner as prescribed
for a final plat, and approval of a minor plat shall expire if all
filing materials are not submitted to the city and if the plat is
not filed at the county within the time periods specified for a final
plat.
29.
Mutual
Access Easement.
An officially approved, privately maintained
drive, constructed to city street standards, open to unrestricted
and irrevocable public access, serving two or more lots as their primary
means of access.
30.
Off-Site
Improvement.
Improvements required to be made on an area
not included within the plat application, which are required to be
made to serve the proposed development with adequate public facilities,
including but not limited to, road widening and upgrading, stormwater
facilities, and traffic improvements.
31.
One Hundred
(100) Year Water Surface Elevation (100-Yr WS El.)
-
That water surface elevation established by hydrologic/hydraulic analysis
of a stream, river, creek, or tributary, using the 100-year fully
developed watershed, based upon the 100-year rainfall event.
32.
On-site
Sewerage Facilities.
Facilities acceptable to the Texas
Natural Resources Conservation Commission and other regulatory agencies
having jurisdiction over the treatment and disposal of wastewater
on an individual lot and which do not require a waste discharge permit.
On-site sewerage facilities includes septic tanks, treatment tanks,
drainfields, absorption beds, evapotranspiration beds and alternative
treatment systems.
33.
Performance
Bond; and/or Surety Bond.
Bond required to ensure the
completion of a development project pursuant to Texas Local Government
Code § 212.073.
34.
Perimeter
Street.
Any existing or planned street, which abuts the
subdivision or development to be platted. Perimeter streets may be
included within or located outside the land to be platted.
35.
Planned
Development - Commercial District.
A zoning district that allows a mix of retail, office, and civic uses within an urban framework, which is small in scale and compatible with adjacent developments pursuant to a concept plan, as authorized under Section 3 of The City of Gunter Zoning Ordinance.
36.
Planned
Development - Residential District.
A zoning district that combines standard residential zoning districts (base districts) that allows development of a residential project containing a mix of dwelling types and/or lot size, which units are clustered to achieve higher density than otherwise would be authorized within the base zoning district, pursuant to a concept plan, as authorized under Section 3 of The City of Gunter Zoning Ordinance.
37.
Planned
Development District.
A Planned Development - Commercial
District, a Planned Development - Residential District, or any other
zoning district authorized under the City's Zoning Regulations that
requires approval of a concept plan prior to development within the
district.
38.
Planning
and Zoning Commission.
The agency appointed by the City
Council as an advisory body to it relative to zoning, platting and
planning matters and the physical development of the City and its
environs and designated as the Planning and Zoning Commission.
39.
Plat.
The map of a proposed subdivision or development plat, as the
context may indicate.
40.
Preliminary
Plat.
The preliminary drawing or drawings, described in these regulations, indicating the proposed layout of the subdivision or development plat to be submitted to the City Council for approval (a Master Plat is a preliminary plat with multiple phases, see Section 3.3).
41.
Property
Owner.
Any person, group of persons, firm or firms, corporation
or corporations, or any other legal entity having legal title to or
sufficient proprietary interest in the land comprising the subdivision
or development, or any representative or agent thereto, who has express
written authority to act on behalf of such owner.
42.
Public
Improvement.
Any drainageway, roadway, parkway, sidewalk,
utility, streetlight, pedestrian way, off-street parking area, fire
lane, lot improvement, open space, buffer, screen, park, public trail,
right-of-way, easement, or other facility for which the City or other
governmental entity will ultimately assume the responsibility for
maintenance and operation, or which may affect an improvement for
which local government responsibility is established or that affects
the health, safety or welfare of general public.
43.
Public
Improvement Agreement.
A contract entered into by the
developer and the City by which the developer promises to complete
the required public improvements within the subdivision or development
within a specified time period following final plat approval.
44.
Record
Drawings.
Drawings that show, according to the best construction
records available, the location of all public utilities constructed
to serve the subdivision or development.
45.
Remainder.
The residual land left after platting of a portion of a tract.
46.
Replatting.
Any change in an approved or recorded plat, except as permitted
as an amended plat, that affects any street layout on the map or area
reserved or dedicated thereon for public use or any lot line, or that
affects any map or plan legally recorded prior to the adoption of
any regulations controlling subdivisions or developments pursuant
to Tex. Local Gov't Code §§ 212.014-.015 or §§
212.041, et seq. Replatting includes the combination of lots into
a single lot for purposes of development.
47.
Resubdivision.
The replatting of an approved subdivision plat.
48.
Right-of-Way.
A parcel of land occupied or intended to be occupied by a street
or alley, and where appropriate, other facilities and utilities including
sidewalks, railroad crossings, electrical, communication, oil or gas,
water or sanitary or storm sewer facilities, or for any other special
use. The use of right-of-way shall also include parkways and medians
outside of pavement. The usage of the term "right-of-way" for platting
purposes shall mean that every right-of-way hereafter established
and shown on a final plat is to be separate and distinct from the
lots or parcels adjoining such right-of-way and not included within
the dimensions or areas of such lots or parcels. Rights-of-way intended
for streets, crosswalks, water mains, sanitary sewers, storm drains,
shade trees or any other use involving maintenance by a public agency
shall be dedicated to the public use by the maker of the plat on which
such right-of-way is established.
49.
Security.
The letter of credit, cash escrow or first and prior lien on
the property provided by the applicant to secure its promises in the
public improvement agreement.
50.
Standard
Street.
A street or highway that meets or exceeds the
requirements of the Engineering Design Manual and complies with the
Thoroughfare Plan and the Functional Classifications in the Comprehensive
Plan.
51.
Standard
Commercial or Residential Development District.
Any residential
or nonresidential district established pursuant to the City's Zoning
Regulations that is not a Planned Development - Commercial or Planned
Development - Commercial Zoning District.
52.
Street.
A public thoroughfare, which affords the principal means of
access to property, including any road, or other thoroughfare except
an alley as defined herein.
53.
Street
Improvement.
Any street or thoroughfare, together with
all appurtenances required by City regulations to be provided with
such street or thoroughfare, including but not limited to: sidewalks;
drainage facilities to be situated in the right-of-way for such street
or thoroughfare; traffic-control devices; streetlights; and street
signs, for which facilities the City will ultimately assume the responsibility
for maintenance and operation.
54.
Subdivider.
Any person who (1) having an interest in land causes it, directly
or indirectly, to be divided into a subdivision or platted as an addition
or who (2) directly or indirectly, sells, leases, or develops, or
offers to sell, lease, or develop, or advertises to sell, lease, or
develop, any interest, lot, parcel site, unit, or plat in a subdivision
or development, or, who (3) engages directly or through an agent in
the business of selling, leasing, developing, or offering for sale,
lease, or development a subdivision or addition or any interest, lot,
parcel site, unit or plat in a subdivision or development, and who
(4) is directly or indirectly controlled by, or under direct or indirect
common control with any of the foregoing.
55.
Subdivision.
The division of any tract or parcel of land into two or more lots, for the purpose of, whether immediate or future, offer, sale, or lease or for the purpose of development, except as expressly exempted pursuant to Section 1.4. Subdivision also includes resubdivision. Subdivision also refers to the land to be so divided, as the context may indicate.
56.
Substandard
Street.
An existing street or highway that does not meet
the minimum requirements of the Engineering Design Manual and/or does
not comply with the Thoroughfare Plan or the Functional Classifications
in the Comprehensive Plan.
57.
Surveyor.
A Registered Professional Land Surveyor licensed under the laws
of the State of Texas.
58.
Temporary
Improvement.
Improvements built and maintained by an
owner during construction of the development of the subdivision or
addition and prior to release of the performance bond or improvements
required for the short term use of the property.
59.
Thoroughfare
Plan.
The official plan for streets and thoroughfares
for the City of Gunter, including transportation goals and policies,
Functional Street Classifications and the Transportation System Diagram,
contained in the City's adopted Comprehensive Plan.
60.
City.
The City of Gunter, Texas, together with all its governing and
operating bodies.
61.
Planning
and Zoning Administrator.
That person appointed by the
Mayor and City Council to manage City Planning, Zoning and Subdivision
reviews.
62.
City Council.
The governing and legislative body of the City of Gunter, Texas.
63.
City Engineer.
The duly authorized Engineer of the City of Gunter.
64.
Zoning
Application.
An application for a tentative or final
development plan, site development plan or site plan.
65.
Zoning
Regulations.
The City of Gunter Zoning Ordinance as adopted
in 1986, as amended.
(Ordinance 030609-3 adopted 6/9/03; Ordinance 2018-04-10-02 adopted 4/10/18; Ordinance 2022-01-20-01 adopted 1/11/2022)
