For the purposes of this Ordinance, the terms, phrases, words,
and their derivations set forth in this ordinance shall have the meaning
ascribed to them in this section. The word “shall” is
always mandatory; the word “may” is merely discretionary.
Any office referred to by title means the person employed or appointed
by the City in that position, or his duly authorized representative.
Definitions not expressly prescribed herein are to be construed in
accordance with customary usage in municipal planning and engineering
practices.
(Ordinance O-2003-02 adopted 2/4/03)
Accessory Building:
a subordinate building excluding garages, having a use customarily
incidental to the main structure. A structure housing an accessory
use is considered part of the main structure and not an accessory
building when it has part of a wall in common with the main structure
or is under an extension of the main roof and designated as part of
the main structure.
Acreage:
A.
Gross:
the acreage included within the boundary of a plat.
B.
Net:
the acreage included within the boundary line of a particular
subdivision, tract, parcel, lot, etc., but excluding all public right-of-ways
(Abbreviated ROW).
Alley:
a public right-of-way less in size than a street, designed
for the special accommodation of the property it reaches, and not
intended for general travel or primary access.
Applicant:
the owner or the authorized representative of land proposed
to be subdivided or platted.
Block:
a tract of land bounded by streets, or by a combination of
streets and a public parks, cemeteries, railroad right-of-ways, shorelines
of waterways, or boundary lines of municipalities.
Bond:
any form of security including cash deposit, surety bonds,
collateral, property, or instrument of credit in an amount and form
satisfactory to the city council.
Build:
to erect, convert, enlarge, reconstruct, restore, or alter
a building or structure.
Building:
any structure which is built for the support, shelter or
enclosure of persons, animals, chattels, or movable property of any
kind.
Building Setback Line:
the line within a property defining the minimum horizontal
distance between a building and the adjacent street line.
Central Sewer System:
the collection of sewage from substantially all lots in the
subdivision for disposal at a centrally located site.
City:
the City of Azle, Texas.
City Engineer:
City Staff person responsible for administering the engineering
design requirements of this ordinance.
City Manager:
the chief administrative officer of the City appointed by
the City Council, or his/her designee.
City Planner:
City staff person responsible for administering the planning
and zoning processes and ordinances requirements, or his/her designee.
Commission:
the Planning and Zoning Commission of the City.
Common Area:
private lots owned and maintained by the Property Owners’
Association.
Comprehensive Master Plan:
those plans and policies adopted by the City Council as a
guide to the systematic physical development of the City.
Council:
the City Council of the City of Azle.
County Plat Records:
the plat records of Tarrant or Parker County, Texas, whichever
is appropriate to the tract being platted.
Crosswalk Way:
a public right-of-way, twelve (12) feet or more in width
between property lines, which provides for pedestrian circulation.
Density:
A.
Gross:
the number of dwelling units per gross acre.
B.
Net:
the number of dwelling units per net acre.
Design Criteria Manual:
a document approved by the city council which described the
construction criteria used by the City of Azle.
Developer:
the authorized representative of or the owner of land proposed
to be subdivided or developed.
Development:
any activity that requires the submission of a subdivision
plat, development plan or the securing of a building permit.
Easement:
a right granted for the purposes of limited public or semi-public
use across, over, or under private land.
A.
Common Access:
an easement which is intended to provide shared drives for
commercial, industrial and high-density residential developments.
These easements are privately owned and maintained by the adjacent
lot owners.
B.
Drainage:
(Abbreviated D.E., typically D.U.E. when combined with utility
easements): a delineated portion of land set aside for the overland
or underground transfer of stormwater. This area shall not have any
permanent structures, fences, or other obstacles hindering the safe
transfer of water through the easement.
C.
Emergency Access:
an easement for the purpose of ingress, egress, access and
passage to and across private property for police, fire and other
public safety and governmental vehicles and personnel. This easement
is privately owned and maintained by the owners of the land encumbered
by the easement and typically used in conjunction with private streets.
D.
Pedestrian Access:
a public easement for the purpose of pedestrian ingress and
egress and passage to and across private property. The owners of the
land encumbered by the easement shall maintain the property.
E.
Private Access:
an agreement between two (2) parties for the purpose of limited
private access across, over, or under private land.
F.
Public Landscape:
(Abbreviated P.L.E.): a public easement typically located
adjacent to Thoroughfare Street ROW for the purpose of planting trees
or other landscape plants. Maintenance of the easement shall be the
responsibility of the land owner; however, the City has the right
to maintain, through pruning, replacement or other means, any plantings
placed in the easement.
G.
Utility Easement:
an easement generally used for the installation, maintenance
and operation of water, sewer, electric, telephone, cable, gas and
other similar utilities. No permanent structures other than fences
shall be allowed in these easements.
Engineer:
any person who has been licensed and registered by the Texas
State Board of Registration for Professional Engineers to engage in
the practice of civil engineering.
Escrow:
money placed in an escrow account in the possession or the
City to accomplish the purpose set out in this Ordinance, including,
but not limited to the following: purchase of right-of-way, design
and construction of drainage and sanitary sewer facilities, water,
curb, gutter and pavement.
Extraterritorial Jurisdiction (ETJ):
the area of land lying outside and adjacent to the corporate
limits of the City of Azle over which the City of Azle has legal control
as set forth in Chapter 42 of the Local Government Code [within one
(1) mile of the corporate limits].
FEMA:
Federal Emergency Management Agency.
Flood:
a temporary rise in stream level that results in inundation
of areas not ordinarily covered by water.
Flood Fringe:
the area located within the floodplain and outside of the
floodway.
Flood Hazard Boundary Map (FHBM):
an official map of the community issued by the Federal Insurance
Administration, where special flood hazard areas have been designated.
Flood Insurance Rate Map (FIRM):
an official community map showing special flood hazard areas
and the risk premium zones applicable to the community as issued by
the Federal Insurance Administration.
Flood Insurance Study:
the official Federal Insurance Administration report containing
profiles, the water surface elevation of the base flood and the flood
hazard boundary map.
Floodplain:
an area identified by FEMA as possibly being floodprone or
below the immediate floodline (100-year floodplain).
Floodway:
the area regulated by federal, state, or local requirements
to provide for the discharge for the base flow, so that the cumulative
increase in water surface elevation is no more than a designated amount
within the 100-year floodplain. A river, channel, or other watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than a designated height. Normally, the floodway will include
the stream channel and that portion of the adjacent land areas required
to pass the base flood (100-year flood) discharge without cumulatively
increasing the water surface elevation at any point more than one
(1) foot above that of the pre-floodway condition, including those
designated on the Flood Insurance Rate Map.
Frontage:
Land contiguous to, and having access to a dedicated public
street.
Lot:
an undivided tract or parcel of land having frontage on a
public street or approved private street 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 symbol in a duly approved plat which has
been properly filed of record.
Marker:
a permanent iron rod generally used on lot corners, points
of curvature and tangency.
Monument:
a permanent concrete survey monument generally used on subdivision
property corners adjacent to public right-of-way.
Owner:
any person having legal title to the subject property. The
term “owner” shall also include the owner’s authorized
agent or representative.
Pavement Width:
the portion of a street available for vehicular traffic where
curbs are laid. “Pavement width” is the portion between
the face of curbs.
Person:
an individual, firm, partnership, corporation, organization,
association or other entity.
Plat:
the schematic representation of the division of land in accordance
with this ordinance.
A.
Amending:
a plat which meets the procedures and requirements as set
forth in Section 212 of the Local Government Code of the State of
Texas.
B.
Final:
a plat which substantially conforms to the approved preliminary
plat, unless otherwise specified in this ordinance, and contains all
or a portion of the property within the approved preliminary plat.
A final plat as referenced in this Ordinance may also refer to a plat
revision, replat, amending plat or minor plat. Only final plats may
be filed of record in the county plat records.
C.
Minor:
a plat which contains four (4) or fewer lots, and is less
than three (3) acres in size, fronting on an existing street and not
requiring the creation of any new street or the extension of municipal
facilities.
D.
Preliminary:
the initial plat or working draft map or plan of a proposed
development showing the general layout of streets, blocks and lots,
utility systems and drainage submitted for approval by the Planning
and Zoning Commission.
E.
Replat:
a revision to a recorded plat, but does not follow the same
procedure as an amending plat.
Public Water Supply:
a water supply and distribution system owned and operated
by a municipality or public water district as opposed to a privately
owned or user owned system.
Public Works Director:
City Staff person responsible for administering the development
provisions of this ordinance.
Regulatory Flood:
a flood which is representative of large floods known to
have occurred generally in the area and reasonably characteristic
of what can be expected to occur on a particular stream. The regulatory
flood generally occurs once approximately every one hundred (100)
years as determined from an analysis of floods on a particular stream
and other streams in the same general region.
Right-of-Way:
(abbreviated ROW) a strip of land, other than a drainage
or utility easement, occupied or intended to be occupied by a street,
crosswalk, railroad, road, electric transmission line, oil or gas
pipeline, water main, sanitary or storm sewer main, or for another
special use.
Street:
a traveled roadway and public right-of-way, however designated,
which provides vehicular access to adjacent land.
A.
Arterial:
a through street designed for the movement of heavy traffic
volume intended to carry traffic from collector streets to State/County
Highways.
B.
Collector:
a street intended to move traffic from minor collector or
local streets to or toward the arterial and State/County street system.
C.
County Section:
a street located within the extraterritorial jurisdiction
(ETJ) of the city, built to specifications determined by the County
and maintained by the County.
D.
Cul-de-sac:
a street that intersects only one street and terminates at
the opposite end with a vehicular turnaround.
E.
Dead-End:
a street that terminates without a vehicular turnaround.
F.
Estate Section:
any street without concrete curb and gutter, but not including
state, county or federal highways.
G.
Internal:
generally, any street whose entire width is contained within
a development.
H.
Marginal Access:
a street which is parallel to and adjacent to an arterial
street and primarily provides access to abutting properties and protection
from through traffic.
I.
Minor or Local:
a street which provides access from individual tracts to
minor collectors or collector streets.
J.
Minor Collector:
a street which is local in character and use, but due to
its configuration within the development, serves as a collector of
local streets; thereby, connecting them to a collector street.
K.
Perimeter:
any street which abuts a development or one whose width lies
partly within a development and partly without.
L.
Private:
a street which is similar to public streets and roadways
except that ownership and maintenance is privately used and retained
and is not dedicated to the public for general use and maintenance.
M.
State/County:
State Highway 199, F.M. 730 or other state or county designated
streets.
Subdivision:
a division of any tract of land situated within the corporate
limits, or extraterritorial jurisdiction of the City into two or more
parts for the purpose of laying out a subdivision of any tract of
land or an addition to the City, or laying out suburban lots or building
lots, or any lots, or streets, alleys, parks 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 into parcels or tracts
of greater than five acres and not involving the dedication of any
new street, alley or easement of access or public improvements. The
use of the term “Subdivision” in this ordinance may also
refer to a single lot that is proposed to be developed.
Surveyor:
any person registered as a Registered Public Surveyor or
Licensed State Land Surveyor by the Texas Board of Land Surveying.
TXDot:
Texas Department of Transportation.
(Ordinance O-2003-02 adopted 2/4/03)