For the purpose of these regulations, words used in the present
tense include the future tenses; words used in the singular number
include the plural, and words in the plural include the singular,
except where the natural and obvious construction of the writing indicates
otherwise. The word “may” is not discretionary unless
the context in which it is used indicates otherwise. The word must
and shall are mandatory in every instance. For purposes of this Ordinance,
certain terms and words are to be used and interpreted as hereinafter
defined. It should be noted that the definitions contained in the
Navasota Zoning Ordinance are incorporated as a part of this Ordinance
by this reference thereto.
2.01.01
Abut/Abutting:
To physically touch
or border upon; or to share a common property line or border. This
term implies a closer proximity than the term “adjacent.”
2.01.02
Access:
A way or means of approach
to provide physical entrance to and exit from a property.
2.01.03
Accessory Use:
A land use activity
that is customarily incidental, appropriate and subordinate to the
principal use of the land or buildings located upon the same premises.
2.01.04
As-Built Plans:
A set of detailed plans
and documents specifying how public improvements required by a Final
Plat were actually constructed.
2.01.05
Base Flood:
The flood having a one
(1) percent chance of being equaled or exceeded in any given year,
most commonly called the 100-year flood, as identified by the Federal
Emergency Management Agency (FEMA), or any successor agency.
2.01.06
Construction Plan:
The maps or drawings
accompanying a subdivision plat and showing the specific location
and design of improvements to be installed in the subdivision in accordance
with the requirement of this Ordinance.
2.01.07
Dedication:
The grant of an interest
in property to the public for public use and benefit.
2.01.08
Deed:
A legal document conveying ownership
of real property.
2.01.09
Deed Restriction:
See Restrictive Covenant.
2.01.10
Density:
The average number of housing
units per unit of land generally expressed as “dwelling units
per acre.”
2.01.11
Developer:
The legal or beneficial
owner(s) of land included in a proposed development, including the
holder of an option or contract to purchase, or other persons having
enforceable proprietary interest in such land. Also, any person, developer,
firm, partnership, corporation or other entity, acting as a unit,
subdividing or proposing to subdivide land as herein defined.
2.01.12
Development:
The subdivision of land;
any man-made change to improved or unimproved real estate, including
but not limited to the construction, reconstruction, conversion, or
enlargement of any structure; and any mining, dredging, filling, grading,
paving, excavation or drilling operations.
2.01.13
Easement:
A grant of one or more property
rights by the property owner to and for the use of the public, a corporation
or other persons, for a designated part of his property, and for a
specified purpose.
2.01.14
Engineering Design Standards:
The specifications
and standards for the construction of public improvements as provided
by the City of Navasota Unified Design Guidelines, Unified Technical
Specifications and Unified Standard Construction Details.
2.01.15
Extraterritorial Jurisdiction (ETJ):
The unincorporated area, not a part of any other city, which is contiguous
to the corporate limits of the City of Navasota, the outer boundaries
of which are measured from the extremities of the corporate limits
of the City outward for a distance of one (1) mile.
2.01.16
Flood Fringe:
The area, other than
the stream channel and floodway, which occupies the remainder of the
100-year floodplain, and receives shallower waters and less velocities,
as defined by the FEMA.
2.01.17
Floodplain:
The floodplain is made
up of three (3) parts, the stream channel, the floodway and the flood
fringe, as defined by the FEMA, or any successor agency.
2.01.18
Floodway, Regulatory:
The flood corridor
of a river or other watercourse that is reserved in order to discharge
the 100-year flood, as defined by FEMA, or any successor agency.
2.01.19
Functional Street Classification System:
A hierarchical circulation system for the safe and efficient operation
of vehicles which provides for the gradation in function from access
to movement. The functional street classifications are: Freeway/Feeders,
Major Arterial, Minor Arterial-Divided, Minor Arterial-Undivided,
Major Collector, Minor Collector, Residential Collector, Rural Collector,
Rural Residential, Residential, Alley, Cul-De-Sac and Sidewalk.
2.01.20
Improvement:
Any man-made, immovable
item which becomes part of, placed upon, or is affixed to, real estate.
2.01.21
Individual Sewage Disposal System:
A septic tank, seepage tile-sewage disposal system, on-site sewage
facility, or any other approved on-site sewage treatment device.
2.01.22
Lot of Record:
A lot which is a part
of an approved plat, the map of which has been recorded in the official
records of the Grimes County Clerk.
2.01.23
Minor Plat:
A plat of land which includes
four (4) or fewer lots, fronting on an existing street, and which
does not necessitate the creation of any new streets, the extension
of municipal facilities or the dedication of any public improvements
or facilities.
2.01.24
Off-Site:
Any real property not located
within the area of the property to be subdivided, whether or not in
the same ownership of the applicant for subdivision approval.
2.01.25
Off-Site Improvements:
Any utility,
paving, grading, drainage, structure, or modification of topography
which is, or will be located on property not within the boundary of
the property to be developed.
2.01.26
Planning and Zoning Commission:
The
Planning and Zoning Commission of the City of Navasota, Texas, also
sometimes referred to herein as the “Planning Commission.”
2.01.27
Plat, Final:
A map of a land subdivision
prepared according to applicable laws of the State of Texas and ordinances
and regulations of the City and County, having the necessary affidavits
for filing, dedications and acceptances, and with complete bearings
and dimensions of all lines defining lots and blocks, streets and
alleys, public areas and other dimensions of land.
2.01.28
Plat, Preliminary:
A map of a proposed
land subdivision showing the character and proposed layout of the
tract in sufficient detail according to these regulations to indicate
the suitability of the proposed subdivision.
2.01.29
Private Utility:
A business or service
which is engaged in regularly supplying the public with some commodity
or service which is of public consequences and need, such as electricity,
gas, transportation or communications.
2.01.30
Professional Engineer:
An engineer
registered to practice in the State of Texas.
2.01.31
Public Improvement:
Any improvement,
facility or service together with its associated public site, right-of-way
or easement necessary to provide transportation, drainage, public
or private utilities, parks or recreational, energy or similar essential
services.
2.01.32
Reserve Strip:
A narrow, linear strip
of property, usually separating a parcel of land and a roadway or
easement, that is characterized by limited depth which will not support
development and which will prevent access to the roadway or easement
from the land adjacent to the reserve strip.
2.01.33
Restrictive Covenant:
A contractual
restriction on the use of land usually set forth or referred to in
the deed. Such covenants usually run with the land and are binding
upon subsequent owners of the property.
2.01.34
Replat:
A change in a recorded plat
which may or may not require the vacation of the preceding plat.
2.01.35
Service Area:
A specific area representing
the maximum limits served by a particular utility.
2.01.36
Sidewalk:
A paved surface area usually
paralleling and separated from the roadway, used as a pedestrian way.
2.01.37
Site Plan:
A plan, prepared to scale,
showing accurately and with complete dimensioning, the boundaries
of a site and all other information required by this Ordinance.
2.01.38
Stream Channel:
The area of the floodplain
which carries the normal flow of the watercourse.
2.01.39
Subdivider:
See “developer.”
2.01.40
Subdivision:
The division of any lot,
tract or parcel of land into two or more parts for the purpose of
sale, division or ownership, or development. Said term also includes
the resubdivision of any lot, tract or parcel of land.
2.01.41
Subdivision, Unrecorded:
A plat which
has been approved by a city or county, but has not been recorded in
the official records of the Grimes County Clerk.
2.01.42
Subsequent User:
A developer who uses
utilities which have been installed by others. Also one who represents
a specific area included in the service area for which the utility
was intended to serve.
2.01.43
Vacated Plat:
A plat which is vacated
through the procedures described herein, and is made legally void.
2.01.44
Variance:
A deviation from the required
norm that may be granted following certain procedures specified herein.
(Ordinance 555-08 adopted 3/10/08; Ordinance 733-14 adopted 4/28/14; Ordinance
747-14 adopted 10/27/14)
