B.
Exemptions.
The following land divisions are exempt from the requirements
of these regulations:
1.
Sale, inheritance,
or gift of land by metes and bounds description, of a tract of land
upon which no improvements, development, subdivision or alteration
is intended;
2.
Use of
existing cemeteries complying with all State and local laws and regulations;
3.
A division
of land created by order of a court of competent jurisdiction; and
4.
A division
of land that results in the creation of two (2) or more parcels, each
of which is greater than five (5) acres, when each parcel has direct
access to an existing public street, and no dedication of public facilities
is required.
C.
Construction
on Unplatted Land.
Approval of a plat by the City is
required prior to any construction or issuance of a building permit
except for any of the following purposes:
1.
Residentially
developed property not exceeding five acres in size may obtain a building
permit for additions to the main structure if such addition does not
exceed fifty (50%) percent of the main structure;
2.
Adding
an accessory building or structure on an unplatted residentially developed
lot provided a primary structure exists on the unplatted lot;
3.
Restoring
any residential building or structure on an unplatted residentially
developed lot, destroyed by fire, explosion, or any other casualty
or an Act of God where the extent of the destruction is not more than
fifty percent (50%) of the current value of the structure; or
4.
Replacement
of a mobile home previously legally permitted and used or occupied
as a residential dwelling with a HUD-code manufactured home.
(Ordinance 797-2020 adopted 10/15/20)
A.
Generally.
Approval of a preliminary plat is required for any proposed
subdivision within the City for five (5) or more lots or where any
public works improvements are proposed prior to approval of a final
plat. When subdividing a tract for four (4) or fewer lots, the owner
may elect to submit an application for approval of a final plat or
a minor plat without obtaining approval of a preliminary plat. Any
re-subdivision of existing platted lots shall require the submittal
and approval of a replat or an amending plat.
B.
Inside City.
Within the City limits, a plat may be approved in two stages:
a preliminary plat and a final plat.
C.
Within the
ETJ.
Within the extraterritorial jurisdiction of the
City, only a final plat is authorized, unless the land to be platted
is subject to an approved developer’s or development agreement,
in which case a preliminary plat may be authorized by the agreement.
(Ordinance 797-2020 adopted 10/15/20)
A.
General
Requirements.
The following must be submitted with any
request to vacate a plat:
1.
A complete
plat vacation application form, as provided by the City, signed by
all owners and identifying the plat to be vacated.
2.
A non-refundable
plat vacation processing fee in the amount established by City Council.
3.
The signatures
of approval of all representatives of all utilities serving the subdivision
must be on the vacating instrument.
4.
If improvements
have been constructed within the area of an easement, the easement
must be dedicated by separate instrument prior to the recording of
the plat vacation.
B.
Submission
to Council.
The request shall be placed before the Commission.
Upon approval, it will be forwarded to the City Council for action.
C.
Effect of
Plat Vacation.
Upon the execution and recording of the
vacation instrument, the vacated plat or portion thereof shall have
no effect.
(Ordinance 797-2020 adopted 10/15/20)
A.
Requirements.
A replat of a subdivision is controlling over the preceding
plat without vacation of the plat if the plat:
1.
Is signed
and acknowledged by only the owners of the property being replatted;
2.
Is approved
by the Planning and Zoning Commission after a public hearing on the
matter at which parties in interest and citizens have an opportunity
to be heard;
3.
Does not
attempt to amend or remove any covenants or restrictions; and
4.
When applicable,
in compliance with subsection B. below.
B.
Replat for
Residential Lots.
If any of the proposed property to
be replatted, within the immediate preceding five (5) years, was limited
by any zoning classification to residential use for not more than
two residential units per lot, or if any lot in the approved subdivision
was limited by deed restriction to residential use for not more than
two residential units per lot, notice of the public hearing shall
be given in accordance with state law.
C.
Note on
Plat.
A replat shall contain a note describing the purpose
of the change or modification framed in a bold line so as to be distinctly
visible on the face of the plat.
D.
Process.
The application process, approval process, criteria for approval,
and recordation of a replat shall comply with the processes as provided
for a final plat, as applicable.
(Ordinance 797-2020 adopted 10/15/20)
A.
Applicability.
An application for approval of a minor plat may be filed only
when all of the following circumstances apply:
1.
The proposed
division results in four (4) or fewer lots;
2.
All lots
in the proposed subdivision front onto an existing public street and
the construction or extension of a street or alley is not required;
and
3.
The plat
does not require any ROW dedication and/or the extension of any municipal
facilities or public improvements to serve any lot within the subdivision.
B.
Criteria
for Decision.
The Administrative Official, shall decide
whether to approve, conditionally approve or deny the minor plat application
based upon the following criteria:
1.
The minor
plat application is consistent with all zoning requirements for the
property and all other requirements of this Ordinance;
2.
All lots
to be created by the plat already are adequately served by all required
utilities and services, and
3.
The plat
does not require the extension of any municipal facilities or public
improvements to serve any lot within the subdivision.
(Ordinance 797-2020 adopted 10/15/20)
An amending plat may be submitted in accordance with Texas Local
Government Code 212.016 as amended and may be approved by an Administrative
Official so long as the plat is in accordance with Texas Local Government
Code and no dedication of ROW is required. Any corrections or conditions
not listed in the statutory criteria for an amending plat will require
full resubmittal of the plat and will be treated as a replat.
(Ordinance 797-2020 adopted 10/15/20)
