The following words and phrases, as used in this article, shall have the meanings respectively ascribed to them in this section:
Alley.
Any minor way which is used primarily for vehicular service access to the back [or] side of properties otherwise abutting on a street.
Arterial streets and highways.
Those which are used primarily for fast or heavy traffic.
Collector streets.
Those which carry traffic from minor streets to the major system of arterial streets and highways including the principal entrance streets of a residential development and streets for circulation within such a development.
Local streets.
Those which are used primarily for access to the abutting properties.
Lot.
An undivided tract or parcel of land under one ownership having access to a street, either occupied or to be occupied by a building or building group, together with accessory buildings, which parcel of land is designated as a separate and distinct tract, and is identified by a tract or lot number or symbol in a duly approved subdivision plat filed of record.
Planning commission.
The planning and zoning commission of the city.
Shall, may.
The word “shall” shall be deemed as mandatory; the word “may” shall be deemed permissive.
Street.
A way for vehicular traffic whether designated a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or however other designated.
Subdivider.
A person who causes land to be divided into a subdivision for himself or others, or seeks authorization therefor.
Subdivision.
The division or proposed division of a parcel of land into two (2) or more lots or parcels for the purpose of transfer of ownership or building development; provided, a division of land for agricultural purposes into lots or parcels of five (5) acres or more not involving a new street or alley shall not be deemed a subdivision. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
(Ordinance 500, sec. 4.10, adopted 2/11/63; 1972 Code, sec. 22-1)
The subdivision regulations herein established are designed to provide for the protection of the public health, safety and welfare. The interpretation and application of the provisions of this article shall be held to be the minimum requirements as adopted, hereby intending to provide for the city a permanent, well organized and wholesome community environment, including adequate public utilities, sufficient open space and safe streets.
(Ordinance 500, sec. 2, adopted 2/11/63; 1972 Code, sec. 22-2)
In accordance with the provisions of V.T.C.A., Local Government Code, chapter 212, the city council does hereby adopt the subdivision regulations contained in this article.
(Ordinance 500, sec. 3.1, adopted 2/11/63; 1972 Code, sec. 22-3)
These regulations shall govern all subdivisions of land within the city and within a distance of five (5) miles from the city limits.
(Ordinance 500, sec. 3.2, adopted 2/11/63; 1972 Code, sec. 22-4)
This article, establishing rules and regulations governing plats and the subdivision of land, is hereby extended in its application to include all of the area within the extraterritorial jurisdiction of the city. The provisions of this article shall have the same force and effect within said area of extraterritorial jurisdiction as within the city, except that no violation of any provision of this article outside the city, but within such city’s area of extraterritorial jurisdiction, shall constitute a misdemeanor under this article, nor shall any fine provided for violating this article be applicable to a violation within such area of extraterritorial jurisdiction. In the event any provision of this article is violated within the area of extraterritorial jurisdiction of the city, and outside its corporate limits, the city may institute any appropriate action or proceedings in the district court to enjoin such violation.
(Ordinance 512 adopted 8/26/63; 1972 Code, sec. 22-5)
A suspension of any of these rules and regulations may be granted by the city council in a particular case after being considered by the planning commission. Application for such suspension must show that there are special circumstances or conditions affecting the property in question; also, that such suspension is necessary for the preservation and enjoyment of a substantial property right of the applicant; also, that such suspension, if granted, will not be materially detrimental to the public welfare or injurious to other property in the vicinity.
(Ordinance 500, sec. 10.1, adopted 2/11/63; 1972 Code, sec. 22-6)
Any owner of land within the limits of the subdivision jurisdiction wishing to subdivide land shall submit to the city planning commission a plat of the subdivision which shall conform to the minimum requirements set forth in these regulations. No plat of a subdivision lying within such territory or part thereof shall be filed or recorded in the office of the county clerk until such plat shall have been approved by the city council and such approval entered in writing on the final plat by the mayor of the city.
(Ordinance 500, sec. 3.3, adopted 2/11/63; 1972 Code, sec. 22-7)