3.1.1 
Any person or persons who divides any tract of land located inside the limits of the Town of Horizon City, in El Paso County into two or more parts for the purpose of laying out a subdivision of the tract including an addition, or to lay out suburban lots or building lots and to lay out streets, alleys, parks or other portions of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, square or to any such tract of land shall have a plat of the subdivision prepared and comply with the requirements of these Regulations.
3.1.2 
No land shall be subdivided inside the boundaries of this incorporated municipality in El Paso County, Texas, until the subdivider:
3.1.2.1 
has submitted a preliminary plat of the parcel to the Horizon City City Council, and
3.1.2.2 
has obtained approval of the preliminary plat from the Horizon City Engineer and
3.1.2.3 
has obtained approval of the final plat from the City Engineer and the City Council and
3.1.2.4 
has filed with the City Clerk a legally approved plat for recordation in the Deed Records of El Paso County, Texas.
3.1.3 
Exemptions.
The following land divisions are exempt from the requirements of this ordinance that applies to plats, provided that the applicant has an approved exemption determination application in accordance with Paragraph 3.1.4 of this Section:
1. 
The combining of two or more legally recorded lots into one parcel will not be required to be replatted into one lot provided all lots are permanently joined by a structure or improvements built over the property line(s) in accordance with the zoning ordinance;
2. 
The division of a legally recorded lot into two portions and the combining of the portions of the lots with the adjacent lots on each side shall be allowed without replatting, provided each new lot complies with the zoning ordinance. The parcel line dividing the middle lot shall become the new lot line and the side setbacks required by zoning shall be measured from that line;
3. 
The sale by metes and bounds and subsequent issuance of a permit for improvements upon a portion of a platted commercial lot within a commercial unit development;
4. 
Provided, however, that on those parcels described in subsections 1, 2, and 3 above, no additional right-of-way or public easements must be dedicated, or public utilities or roadways must be constructed;
5. 
Sale, inheritance, or gift of land by metes and bounds of tracts upon which no improvements, development, subdivision or alteration is intended, provided however, that prior to construction of improvements, a plat meeting the requirements of the ordinance codified in this title [this ordinance] shall be completed and recorded;
6. 
A division of land created by order of a court of competent jurisdiction, provided however, that prior to construction of improvements, a plat meeting the requirements of this ordinance shall be completed and recorded prior to the issuance of permits;
7. 
Creation of a remainder tract in accordance with Subsection 1.3.28 [1.3.30] of this Ordinance, provided such remainder tract is suitable for development in the future and does not make any other tracts undevelopable under current Town of Horizon City ordinances, and provided however, that prior to construction of improvements, a plat meeting the requirements of this ordinance shall be completed and recorded prior to the issuance of permits;
8. 
The acquisition of land by the city for the purpose of providing stormwater drainage facilities or land required for roadway facilities.
9. 
Land to be used for electric company substations or minor utility facilities as defined in Subsection 1.3.26 [1.3.27] of this ordinance.
10. 
Construction of accessory buildings and additions of less than fifty percent of the total existing square footage of schools that were built at least fifteen years prior to the date that the current submitted application is deemed complete.
3.1.4 
Exemption determination.
A. 
For any application for a development permit for which exemptions are listed, an exemption from the requirement to apply for such permit or approval shall be determined in the following manner:
1. 
The application for exemption must be submitted on a form supplied by the Planning Director or designee, must be accompanied by the review fee as set forth in the fee schedule as adopted by the city council, and must include all of the following information:
a. 
Name, address, and telephone number of the property owner and the applicant;
b. 
A brief description of the activity or development for which exemption is sought;
c. 
A scale drawing depicting the boundaries of the site, the location of existing improvements on the site, and the location of the proposed development activities on the site;
d. 
Information establishing the basis for the exemption.
2. 
The Planning Director or designee shall notify the applicant of the decision. If the Planning Director or designee denies the application for exemption, the official shall require that an application for the development permit or approval be prepared in accordance with this ordinance.
B. 
An exemption is a separate and distinct consideration and does not exempt the subject property from any other development requirements.
(Ordinance 0035 adopted 1/11/94; Ordinance 0035-018 adopted 4/12/16)
Fees will be charged for reviewing subdivision plans and plat. This fee is to recover costs for plan and plat review, on-site inspections and preparation of documents and recommendations to the City Council. These fees are not to be considered fees for the approval of a subdivision plat.
(Ordinance 0035 adopted 1/11/94)
In their interpretation and application, the provisions of these Regulations shall be the minimum requirements for the promotion of the public health, safety and general welfare.
3.4.1 
Conflict With Public and Private Provisions
3.4.1.1 
Public Provisions.
These Regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute or other provision of law. Where any provision of these Regulations imposes restrictions different from those imposed by any other ordinance, rule or regulations or any other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
3.4.1.2 
Private Provisions.
These Regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction provided that where the provisions of these Regulations are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of these Regulations shall govern. Where the provisions of the easement, covenant, or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of the Horizon City City Council in approving a subdivision or in enforcing these Regulations, and such private provisions are not inconsistent with these Regulations or determinations thereunder, then such private provisions shall be operative and supplement to these Regulations and determinations made thereunder.
(Ordinance 0035 adopted 1/11/94)
These Regulations shall not be construed as abating any action currently pending before the City Council, or as affecting the liability of any firm, person, or corporation, or as waiving any right of the State or City under any section or provision existing at the time of adoption of these Regulations, or as vacating or annulling any rights obtained by any person, firm, or corporation by lawful action of the City, except as shall be expressly provided for in these Regulations.
(Ordinance 0035 adopted 1/11/94)