Words and phrases used in this article shall have the meanings set forth in this section. Terms that are not defined below, but are defined elsewhere in this code, shall be given the meanings set forth in this code. Words and phrases not defined in this code shall be given their common, ordinary meaning unless the context clearly requires otherwise. When not inconsistent with the context, words used in the present tense shall include the future tense; words in the plural number shall include the singular number (and vice versa); and words in the masculine gender shall include the feminine gender (and vice versa). The word “shall” is always mandatory, while the word “may” is merely directory. Headings and captions are for reference purposes only.
Applicant.A person or entity who submits to the city an application for approval of a site plan required by this article. To be qualified as an applicant under this article, the person or entity must have sufficiently documented legal authority or proprietary interests in the land to commence and maintain proceedings under this article. The term shall be restricted to include only the property owner(s), or a duly authorized agent and representative of the property owner. In other jurisdictions, the term is sometimes referred to as the “developer,” “subdivider,” “builder,” or other similar title.
Application.A written request to the city for an approval required by this chapter that contains all information required by this chapter and that has been deemed administratively complete by the city.
Application package.The application given to the city on the date of submission, site plan, three (3)full-sized copies, and all required attachments and as deemed administratively complete by the City. These materials shall be addressed to the city administrator.
Board of adjustment or BOA.The body appointed by the city council to grant variances, waivers, or special exceptions, as allowed by ordinance.
Certificate of completeness.Certification provided by the city to an applicant when a submission has been deemed administratively complete and the written request becomes a filed application.
Code.The Code of Ordinances for the City of West Lake Hills, as may be amended.
City administrator.The city’s chief administrative officer, as appointed by the city council. The term also includes the city administrator’s designee.
Condominium.A form of real property with portions of the real property designated for separate ownership or occupancy, and the remainder of the real property designated for common ownership or occupancy solely by the owners of those portions. Real property is a condominium only if one or more of the common elements are directly owned in undivided interests by the unit owners. Real property is not a condominium if all of the common elements are owned by a legal entity separate from the unit owners, such as a corporation, even if the separate legal entity is owned by the unit owners. Condominiums are established in accordance with the requirements of the Texas Uniform Condominium Act codified in chapter 82 of the Texas Property Code. A condominium is a form of ownership and not a specific building type or style.
Condominium association.An association, organized pursuant to section 82.101 of the Texas Property Code, whose members consist of owners of units in a condominium, which administers and maintains the common property and common elements of a condominium.
Development.The erection of buildings, roads, utilities, drainage improvements, or other structures. The term includes construction, demolition, excavation, dredging, grading, filling, and clearing or removing vegetation. Pruning, or other forms of general or regular maintenance of vegetation on developed property, shall not be considered development for purposes of this article.
Engineer.A person duly authorized under the provisions of the Texas Engineering Registration Act, as heretofore or hereafter amended, to practice the profession of engineering.
ETJ.The extraterritorial jurisdiction of the city, being that land not within the city limits, but land over which the city has jurisdiction by virtue of chapter 42 of the Local Government Code, as amended, and other applicable law.
Filing.The date on which either:
(1) An administratively complete application package for a plan, plat, or permit is submitted to the city and determined to be administratively complete by the city administrator; or
The tenth (10th) business day after a submission has been submitted to the city if the city administrator has not yet acted on the submission.
Impervious cover.Includes all roads, driveways, parking areas, buildings, decking, rooftop landscapes and other impermeable construction covering the natural land surface. Swimming pool surface water area for pools which discharge to the storm drainage system shall also be included. Water quality and detention basins, swales, and other conveyances for drainage purposes only shall not be calculated as impervious cover.
Lot.An undivided tract or parcel of land having frontage on a street and which is, or in the future may be, sold, conveyed, transferred, or improved; which is designated as a distinct and separate tract or parcel, and which is identified by a tract or lot number or symbol, or by metes and bounds.
Owner.Any person or firm, association, syndicate, general or limited partnership, corporation, trust or other legal entity, or any agent thereof, that has sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this article. In any event, the term “property owner” shall be restricted to include only the owner(s) or authorized agent(s) of such owner(s), such as a developer, of land sought to be subdivided.
Person.Any human individual, association, firm, corporation, governmental agency, trust or political subdivision.
Plan.For purposes of compliance with this article, the term refers to a site plan, as may be applicable.
Right-of-way.Any travel-way open to the general public for travel or land dedicated for eventual travel by the public. Dedicated right-of-way may, in addition to travel by the public, be used for installation of utilities or other public purposes.
Site.The lot(s) occupied or proposed to be occupied by a structure.
Site plan.Detailed line drawings and accompanying text clearly describing the intended development, as specified by this article.
Street.An area open to the use of the public, serving as a pathway for vehicular traffic within a business or residential area and serving more than one tract or parcel of land.
Structure.Anything constructed or erected, the use of which requires location on or in the ground or attachment to something having location on the ground.
Subdivider.Any person or any agent thereof dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. In any event, the term “subdivider” shall be restricted to include only the owner, equitable owner or authorized agent of such owner or equitable owner, of land sought to be subdivided.
Subdivision.Shall be defined as is set forth in city subdivision ordinance, as it appears in the code, as may be amended.
Submission.A written request for a site plan or variance.
Surveyor.A registered state land surveyor or a registered professional land surveyor, as authorized by the state statutes, to practice the profession of surveying.
Utility easement.An interest in land granted to the city, county, to the public generally, and/or to a private utility corporation, which authorizes the installation or maintenance of a utility across, over, or under land, and which authorizes ingress and egress thereon with machinery and vehicles necessary for the maintenance of said utilities.
ZAPCO.The zoning and planning commission of the city.
(Ordinance 377 adopted 9/11/19)