The definitions in this article shall apply to all ordinances
and resolutions passed by the board. The words and terms listed in
the following glossary provide a common definition of certain words
and terms used in all other city ordinances. Over the years ordinances
have been written independently, at different times, and by different
people. The result is that different terms or words have often been
used that have the same meaning but may cause confusion or misunderstanding
when reading two or more different ordinances. This article provides
a common standard definition for similar terms and words used in all
city ordinances.
(Ordinance 074 Rev. 8, sec. 2, adopted 10/3/2023)
For purposes of these ordinances, the terms, phrases, words,
and their derivations shall have the normal, reasonable, and usually
understood meanings, unless the context of a given ordinance clearly
indicates a special or specialized meaning is intended. The city is
the arbitrator of all definitions. The city operates within a larger
world of regulation, including but not limited to the Lower Colorado
River Authority, FEMA (floodplain management), the International Building
Code IBC, the State of Texas and others. Some of these definitions
are specifically amended by these ordinances. Where any conflict arises
the more restrictive of the definitions applies.
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Glossary of Terms
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A lot immediately adjacent to another lot.
When referring to service and reception is defined as both
the standards adopted under 47 CFR section 76.605 and as a minimum,
a clear, crisp, snow-free picture with static-free volume of an acceptable
level, on each and every channel being provided to that customer per
their particular selected package of service.
A way of approaching or entering a property.
Any local line provided by a telephone company to a customer
in the city which provides access to the public switched network,
including all single line residence lines, party line residence lines,
single line business lines, multi-line business lines, key lines,
ISDN lines, COCT lines, semi-public pay telephone lines, and Centrex
trunks, Centranet trunks and PABX trunks or their equivalents which
are assigned to locations inside the corporate limits of the city.
(Amend IBC definition to read:) Any secondary building or
structure (excluding waterfront facilities) located on an improved
lot with the existence of a single-family residence. Water well enclosures
up to 36 square feet of floor space and domestic pet housing up to
18 square feet of floor space will not be considered an accessory
structure (outbuilding).
A use that is incidental and subordinate to the principal
use of the parcel of land on which the accessory use occurs.
Any defined tract of land, including that underneath the
waters of dredged canals and Lake LBJ but excluding that designated
as road and street right-of-way, which is not platted as a numbered
lot within the corporate limits of the city.
Any new construction or modification to an existing structure
which alters use or increases square footage.
Abutting and directly connected to or bordering.
Those defined tracts of land located within Zoning District
C of the city.
See "Board of aldermen."
A minor right-of-way, dedicated to public use, which gives
a secondary means of vehicular access to the back or side of properties
otherwise abutting a street, and which may be used for public utility
purposes.
See "ATV."
Flooding occurring on the surface of an alluvial fan or similar
landform which originates at the apex and is characterized by high-velocity
flows; active processes of erosion, sediment transport, and deposition;
and unpredictable flow paths.
All mammals other than human beings, fish, fowl, reptiles,
or any other living creatures.
A point on alluvial fan or similar landform below which the
flow path of the major stream that formed the fan becomes unpredictable
and alluvial fan flooding can occur.
A request for a review of the floodplain administrator's
interpretation of any provision of the floodplain ordinance.
A person applying for plan approval under an ordinance.
The final approval in a series of required actions. For instance,
the approval date of a plat requiring approval of the planning and
zoning commission and then the BOA is the date of BOA approval.
Approved refers to approval by the board of aldermen or their
designee or mayor as the results of investigation and tests conducted
on the behalf of the board of aldermen or the city, or by reason of
accepted principles or tests by nationally recognized originations
[organizations].
(Amend IBC definition to read:) An established and recognized
agency regularly engaged in conducting tests or furnishing inspection
services, when such agency has been approved by the board of aldermen.
A perspective drawing depicting an architect's conception
of the finished structure.
A designated AO, AH zone on the flood insurance rate map
(FIRM). The with [sic] base flood depths range from one to three feet;
a clearly defined channel does not exist; the path of flooding is
unpredictable and indeterminate; and velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow.
An area in the floodplain subject to a one percent or greater
chance of flooding in any given year. It is shown on an FHBM or FIRM
as zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V.
The land within a community, which is most likely to be subject
to severe flood-related erosion losses. The area may be designated
as zone E on the flood insurance rate map (FIRM).
A street designed to provide a connection between major arterial
streets.
Not restrained as required by the provisions of chapter 3 of the Code of Ordinances.
A three (3) or four (4) wheel all-terrain vehicular unit
that is self-propelled and generally used for recreation or work and
which is not eligible to be licensed or registered for use on public
roads.
A general term for a four (4) wheeled vehicular unit or a
two (2) wheeled vehicular unit primarily used to transport people,
goods or material and is not licensed for any commercial or recreational
purposes by the State of Texas. The term includes pickup trucks.
The state commission on environmental quality requires all
public water systems to maintain a cross-connection control program
that protects the distribution system delivering drinking water to
your home. A customer service inspection is required prior to connection
of continuous water supply to any new residence. A backflow prevention
assembly test must be performed on any new irrigation system installation
using public water supply.
Are mechanical devices installed on your home's water pipes
that only allow water to flow in one direction and not the opposite.
Their purpose is to prevent drinking water from being contaminated
with other sources because of backflow.
A flood that has a one percent (1%) chance of being equaled
or exceeded in any given year (also called the "100-year flood").
Any area of the building having its floor subgrade (i.e.,
below ground level) on all sides.
The standard base service as defined by the Cable Act.
A parcel of land, intended to be used for urban purposes,
which is entirely surrounded by public streets, highways, railroad
right-of-way, public walks, parks or green strips, rural land, drainage
channels, or a combination thereof.
See "Board of aldermen."
The board of aldermen of Highland Haven, Texas, also BOA.
A vehicular unit without its own motive power; designed to
transport a recreational vessel for recreation and vacation use and
which is eligible to be licensed or registered and insured for highway
use.
Any form of security including a cash deposit, surety bond,
collateral, property, or instrument of credit in an amount and form
satisfactory to the BOA.
Breakaway walls are any type of walls, whether solid or lattice,
and whether constructed of concrete, masonry, wood, metal, plastic
or any other suitable building material which is not part of the structural
support of the building and which is designed to break away under
abnormally high tides or wave action without causing any damage to
the structural integrity of the building on which they are used or
any buildings to which they might be carried by floodwaters. A breakaway
wall shall have a safe design loading resistance of not less than
ten and no more than twenty pounds per square foot. Use of breakaway
walls must be certified by a registered engineer or architect and
shall meet the following conditions:
A barrier constructed of wood, masonry, vegetation, and/or
other landscape material in such a manner that adjacent uses will
be separated to such a degree that objectionable noise, heat, glare,
visual clutter, dust, loss of privacy, air circulation, and other
negative externalities shall be abated.
See "Structure."
Refers to the current adopted International Building Code: see article 4.02 of the Code of Ordinances.
See existing construction and manufactured home. (Amend IBC
definition to read:) A clause that precludes this ordinance from being
applied retroactively. Pertains to existing single-family residences,
waterfront facilities, permanently installed outbuildings, and other
permanently installed structures constructed prior to November 20,
1997.
A line or lines designating the interior limit of the area
of a lot within which structures may be erected. The building lines
generally provide the boundaries of the buildable area of any given
lot and no structure or building may be erected between a building
line and the corresponding lot line.
(Amend IBC definition to read:) The person, designee or committee
charged by the mayor with administration and enforcement of the building
permit ordinance.
A permit issued by the city which is required prior to commencing
construction or reconstruction of any structure or any other construction
activity required by the building permit ordinance.
Bulkheads are commonly used on lakes when houses are located
nearby. Soil erosion is a natural occurrence in nature as the constant
force and flow of the water causes the bank to wash away. Bulkheads
are walls designed to protect a shoreline from erosion. A bulkhead
retains earth on one side of the wall and has water on the other side.
The term "bulkhead" refers to a vertical shoreline stabilization structure
that primarily retains soil and provides minimal protection from waves.
Bulkheads may have an integrated horizontal sidewalk on top of earth.
Bulkheads higher than thirty inches (30") must have a fall protection
safety fence permanently installed per the International Residential
Code.
A metal container utilized to burn household waste, other
than garbage, and/or lawn and tree trimmings.
A collection of lawn and tree trimmings for the purpose of
burning.
A county district, with taxing and rule-making authority,
established to control groundwater use, water wells and associated
matters.
The Cable Television Consumer Protection Act of 1992 or such
future amendments or legislation as supersedes it.
Any non-broadcast facility consisting of a set of closed
transmission paths and associated signal reception, transmission and
control equipment, that is designated or designed to distribute to
subscribers audio, video and other forms of electronic or electrical
signals.
A folding or collapsible vehicular structure, without its
own power, designed as a temporary living quarters for travel, camping,
recreational, and vacation use, and eligible to be licensed or registered
and insured for highway use. See also "Travel trailer."
The centerline of a cove/canal/channel is half of the distance
from the water's edge, bulkhead or seawall to the closest water's
edge, bulkhead, or seawall on the opposite shore.
A document issued by the city after incorporation to permit
noncompliant structures that existed prior to March 1, 1996.
A certificate issued by the city after construction is complete.
The residence must be safe to occupy but may have outstanding
issues to be resolved prior to issuance of a certificate of occupancy.
A provisional occupancy will allow temporary or permanent storage
of personal items in any part of a residence or staging of a house
for sale. Overnight occupancy is prohibited.
A plat (minimum size 8-1/2" x 11") certified by a surveyor
licensed in the State of Texas, showing boundaries, setbacks, easements,
and all existing and proposed improvements, with dimensions and lot
elevations.
The City of Highland Haven, Texas.
The chief administrative officer of the City of Highland
Haven, Texas or his/her designated representative. The mayor is the
chief administrative officer of the city.
The Highland Haven city council; sometimes rendered as "the
council" is the same as board of aldermen. Highland Haven does not
have a city council but has a board of aldermen as defined by the
Texas Local Government Code.
The city engineer for the city or his/her designated representative.
The incorporated boundaries of the city.
Officers, employees and agents of the city assigned and designated
from time to time by the mayor, including but not limited to the city
engineer, to review and/or comment and report on development plans.
A library of city approved drawings, codes, agency regulations
and technical data representing typical drainage, transportation,
erosion and sedimentation control, and utility appurtenances.
A street that collects traffic from local streets and serves
as the most direct route to a major or minor arterial street.
A zoning classification for property used in the manufacture,
storage, distribution, or sale of goods and services. (Excludes agricultural
land.) Property utilizing structures and/or rental space for financial
profit or community service as its primary aim.
A vehicle designed for or used for commercial purposes. Trucks
in excess of a rated capacity of one (1) ton and trailers in excess
of a 16-foot cargo bed length and/or 4-foot enclosed cargo bed height,
excluding watercraft trailers, or vehicles designed for transport
of more than 8 persons are deemed to be commercial.
The planning and zoning commission of the city.
A generalized plan that meets the requirements of an ordinance
and that indicates the boundaries of a tract or tracts under common
ownership, identifies the purpose of the proposed development and
the proposed land use, general lot or parcel layout, community use
or public areas, and street alignments.
A building, structure or use that is permitted by the city
zoning or other ordinances.
Considered to be started when the ground cover is disturbed
and/or when fill material is moved to or from the site.
Wheeled and tracked vehicles utilized in the clearing and
preparation of land for development and/or utilized in the construction
of buildings and related structures.
The maps, drawings, plans and specifications indicating the
proposed location and design of improvements to be installed as part
of a building permit or a planned unit development.
Adjacent property whose property lines are shared or are
separated by only a street, alley, easement or right-of-way.
A lot located at the intersection of and abutting on two
(2) or more streets.
Burnet County, Texas.
The Burnet Central Appraisal District.
Any area of Lake LBJ located between a canal entrance and
open water where the distance from shore to shore is 150 feet or less.
An integral and readily identifiable part of a flood protection
system, without which the flood protection provided by the entire
system would be compromised.
The transverse slope as related to a given longitudinal slope
and measured by the rise to run ratio.
A strip of land dedicated for public use and which is reserved
across a lot or block for the purpose of providing pedestrian access
to adjacent areas.
A minor street having one (1) end open to vehicular traffic
and having one (1) closed end terminated by a permanent turnaround.
An inspection is to identify whether one of two potential
sources of contamination exists. One is a cross-connection, an actual
or potential connection between a drinking water supply and a possible
source of contamination or pollution. The other potential source of
contamination is lead plumbing materials.
Any structure which serves as a horizontal platform or floor
constructed of wood or other wood-like decking material, without enclosing
walls or roofs.
A deck may be constructed on grade (non-elevated), attached,
or detached from the residence; in which case it is not considered
the one outbuilding/structure allowed on a residential lot. A railing
for safety is not required.
A deck may be constructed on wood posts or concrete piers (elevated),
attached, or detached from the residence. A detached elevated deck
shall be considered the one outbuilding/structure allowed on a residential
lot. An elevated deck shall require railings and handrails for the
health and safety of the community. An elevated deck shall be constructed
per the International Building Codes and shall require inspection
by a certified building code inspector.
An ornamental fence constructed as split rail, picket, or
wrought iron or material that looks like wrought iron, PVC rigid vinyl,
or aluminum not more than 3 feet high including the post. Decorative
fences may not be made of wire, mesh, or chain link or any type of
privacy fence. Decorative fences used as screening devices may be
constructed from PVC rigid vinyl or privacy fence material.
The grant of an interest in property for public use.
Total removal of any existing structure or removal of any
exterior wall(s) of a structure.
A probable rainfall event the frequency of which is specified
in periods of years and which is used to design drainage facilities
and determine flood elevations.
That portion of a lot, easement, or parcel upon which a building,
structure, pavement or other improvements have been placed.
The legal owner of land to be improved and/or subdivided
or his/her authorized representative.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials.
A scaled drawing representing an area of land to be improved/developed
and indicating the legal boundary of said property and the nature
and extent of all existing and proposed improvements to said project.
Consists of, but is not limited to, all lines from the "water
plant" to all sale meters or deliver points, line valves, fire hydrants,
structures and appurtenances, and all associated items which may be
located in the city rights-of-way. A distribution system is also considered
a facility.
An excavated space into the shoreline, the perimeter of which
is a bulkhead designed to provide a boat slip or boat storage. The
inside perimeter wall and any structure erected on the top surface
of the recessed dock must comply with setback ordinances.
A dock that:
Has any structural members, roofing, decking, flotation or walkways
that are not securely attached and could pose an immediate safety
or navigation hazard.
Is submerged.
Is not floating upright.
Has decks or floors below the waterline.
Is in a state of disrepair.
Is otherwise not in compliance with other ordinances.
A ridged structure or portion of a ridged structure supported
by pilings, bulkhead or other materials and associated with a permanent
foundation that is either resting or embedded in the lake bottom and
is designed to make relocation impracticable.
A noncommercial dock associated with a single-family residence
for which no compensation is/will be received by the owner(s) of the
dock for its use. This definition also includes swim platforms and
piers.
A lot which runs through a block from street to street and
which abuts two (2) or more streets.
Anything located on the ground that controls, directs or
conducts surface or storm waters, including, but not limited to, culverts,
pipes, troughs and ditches.
See "Waterway."
A private sewage facility, disposal area, trench or bed utilized
for final wastewater disposal.
A man-made waterway. The beginning point of each dredged
canal is indicated on the Highland Haven subdivision plats filed in
the plat book of Burnet County, Texas.
The surface connecting a drive approach with a parking space,
parking lot, loading dock, carport or garage.
That portion of the street right-of-way between the lot line
and the edge of the street surface.
The line that the grantee uses to provide service from the
main or trunk line to the customer's service connection.
(Amend IBC definition to read:) See BUILDING or SINGLE-FAMILY
RESIDENCE.
A residential unit designed to accommodate one (1) household.
A grant by the property owner of the use of a strip of land
for stated purposes.
A bicycle equipped with electric power driven motor devices.
A self-balancing, two non-tandem wheeled vehicle, designed
for transportation of one person, propelled by an electric propulsion
system.
A no basement building (i) built, in the case of a building
in zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top
of the elevated floor or, in the case of a building in zones V1-30,
VE, or V, to have the bottom of the lowest horizontal structure member
of the elevated floor elevated above the ground level by means of
pilings, columns (posts and piers), or shear walls parallel to the
flow of the water and (2) adequately anchored so as not to impair
the structural integrity of the building during a flood of up to the
magnitude of the base flood. In the case of zones A1-30, AE, A, A99,
AO, AH, B, C, X, and D, "elevated building" also includes a building
elevated by means of fill or solid foundation perimeter walls with
openings sufficient to facilitate the unimpeded movement of floodwaters.
In the case of zones V1-30, VE, or V, "elevated building" also includes
a building otherwise meeting the definition of "elevated building,"
even though the lower area is enclosed by means of breakaway walls
if the breakaway walls met the standards of section 60.3(e)(5) of
the National Flood Insurance Program regulations.
Form OMB 1660-0008
A point of vertical ground elevation reference to be shown
on the FIRM for comparison to the BFE. ERMs shall be referenced to
the National Geodetic Vertical Datum (NGVD) or the North American
Vertical Datum (NAVD).
A structure erected or constructed to provide concealment
of appliances such as, but not limited to, air conditioning units,
propane or butane tanks, water wells, etc. This could also include
shrubs, bushes or other vegetation planted in such a manner as to
create a hedge for the purpose of enclosing an area off from view.
The advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures or development into a
floodplain that may impede or alter the flow capacity of a floodplain.
The aggregate of social and physical conditions that influence
the life of the individual and/or community.
Any machinery used for building, construction, landscaping,
plumbing, septic system installation, etc.
A deposit of cash or other approved security with the local
government or approved bank or other financial institution in lieu
of a performance or maintenance bond.
See "Extraterritorial jurisdiction (ETJ) limits."
For the purposes of determining rates, structures for which
the start of construction commenced before the effective date of the
flood insurance rate map (FIRM) or before January 1, 1975, for FIRMs
effective before that date. "Existing construction" may also be referred
to as "existing structures."
A manufactured home for which the construction of facilities
for servicing the lot on which the manufactured home is to be affixed
(including, at a minimum, the installation of utilities, and either
final site grading or the pouring of concrete pad) was completed before
the effective date of the floodplain management regulations adopted
by a community.
The property lines extending out into the waters of Lake
LBJ as delineated and described for the acreage that was deeded/conveyed
to each specific property owner by the warranty deed(s) on file with
the Burnet County clerk at the Burnet County courthouse.
Limits of the city's extraterritorial jurisdiction as granted
under chapter 43 [42], Local Government Code.
All telephone company duct spaces, manholes, poles, conduits,
underground and overhead passageways, and other equipment, structures
and appurtenances and all associated transmission media, which are
located in the city rights-of-way.
(Amend IBC definition to read:) The body of persons who live
in one house or under one head, including parents, children, servants,
etc., connected by blood or relationship by inclination and/or companionship.
Fencing that encloses a yard or any portion thereof or any
fencing along a property line or within the boundaries of any lot
or lots.
With respect to plats and plans, the date of their first
public hearing before the commission regarding such plat or plan;
provided that, with respect to the required BOA approval of concept
plans, the filing date for such BOA approval shall be the date of
the first public hearing by the BOA.
A map of a land subdivision prepared in a form suitable for
filing of record with necessary affidavits, dedications and acceptances,
and with complete bearings and dimensions of all lines defining lots
and blocks, streets, alleys, public areas and other dimensions of
land.
See "Flood insurance rate map."
A general and temporary condition of partial or complete inundation
of normally dry land areas from the overflow of inland or tidal waters;
the unusual and rapid accumulation or runoff of surface waters from
any source; and/or mudslides (i.e., mudflows); and
The condition resulting from flood-related erosion.
The official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the floodway.
The official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated the areas
of flood hazards.
The official map on which the Federal Emergency Management
Agency or Federal Insurance Administration has delineated both the
areas of special flood hazards and the risk premium zones applicable
to the community.
The official report provided by the Federal Insurance Administration
that includes flood profiles, the flood insurance rate map, the flood
boundary and floodway map, and the water surface elevation of the
base flood.
The channel of a waterway and the adjacent land area subject
to inundation during the design storm.
Any land area susceptible to being inundated by water from
any source - see "Flooding."
The individual appointed to administer and enforce the floodplain
management regulations.
The operation of an overall program of corrective and preventive
measures for reducing flood damage and preserving and enhancing, where
possible, natural resources in the floodplain, including but not limited
to emergency preparedness plans, flood control works, floodplain management
regulations, and open space plans.
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as grading and
erosion control) and other applications of police power that control
development in flood-prone areas. This term describes federal, state
or local regulations in any combination thereof that provide standards
for preventing and reducing flood loss and damage.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures that reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents. (Refer to FEMA Technical
Bulletins TB 1-93, TB 3-93, and TB 7-93 for guidelines on dry and
wet floodproofing.)
Those physical structural works for which funds have been
authorized, appropriated, and expended and which have been constructed
specifically to modify flooding in order to reduce the extent of the
areas within a community subject to a "special flood hazard" and the
extent of the depths of associated flooding. Such a system typically
includes hurricane, tidal barriers, dams, reservoirs, levees or dikes.
These specialized flood-modifying works are those constructed in conformance
with sound engineering standards.
The collapse or subsidence of land along the shore of a lake
or other body of water as a result of undermining caused by waves
or currents of water exceeding the anticipated cyclical level or suddenly
caused by an unusually high water level in a natural body of water,
accompanied by a severe storm, or by an unanticipated force of nature,
such as a flash flood or an abnormal tidal surge, or by some similarly
unusually and unforeseeable event which results in flooding.
A land area adjoining the shore of a lake or other body of
water, which due to the composition of the shoreline or bank and high
water levels or wind-driven currents, is likely to suffer flood-related
erosion damage.
The operation of an overall program of corrective and preventive
measures for reducing flood-related erosion damage, including but
not limited to emergency preparedness plans, flood-related erosion
control works, and floodplain management regulations.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot. Also referred to as "regulatory floodway."
That area of the floodplain on either side of the "regulatory
floodway" where encroachment may be permitted.
A form used by city as an application for a building permit.
The rights granted pursuant to this ordinance [the cable
television franchise ordinance] to construct, own and operate a cable
television system along the public ways within the city or within
specified areas of the city.
As related to floodplain management, means that the variance
granted must not cause fraud on or victimization of the public. In
examining this requirement, the city will consider the fact that every
newly constructed building adds to government responsibilities and
remains a part of the community for fifty to one hundred years. Buildings
that are permitted to be constructed below the base flood elevation
are subject during all those years to increased risk of damage from
floods, while future owners of the property and the community as a
whole are subject to all the costs, inconvenience, danger, and suffering
that those increased flood damages bring. In addition, future owners
may purchase the property, unaware that it is subject to potential
flood damage, and can be insured only at very high flood insurance
rates.
An open, unoccupied space (between side lines of the lot)
situated between the building lines and the street right-of-way.
That side of a lot, parcel or tract of land abutting a street
right-of-way and ordinarily regarded as the frontal orientation of
the lot.
A use that cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities.
A much larger version of a golf cart but designed for the
purpose of transporting cargo. Does not qualify as a "neighborhood
electric vehicle" or as a golf cart.
A roofed structure constructed with five or more sides which
are open. Also constructed with flooring.
A low profile motorized three-or four-wheeled device with
a deck designed to accommodate a sitting operator.
Electric or gasoline engine vehicles designed to transport
two passengers and golf bags. Includes similar sized vehicles for
two passengers but with the bag carrier replaced with a small cargo
bed.
The local governing unit, i.e., county or municipality, that
is empowered to adopt and implement regulations to provide for the
public health, safety and general welfare of its citizenry.
The slope of a road, street, other public way or utility
line specified in terms of percent (%); the topographic relief of
a parcel of land; the average elevation at ground level of the buildable
area of a lot or parcel of land.
Any stripping, cutting, filling or stockpiling of earth or
land, including the land in its cut or filled condition.
See "Pre-existing."
A person or business entity or its lawful successor or assignee
that has been granted a franchise by the city. But this also includes
any contractors, subcontractors or contract employees serving the
grantee.
The City of Highland Haven, Texas.
Any and all revenues actually received either directly or
indirectly from all sources except copyright fees, by the grantee
from its cable systems operations within the city, including but not
limited to all income without any offsetting of expenses, parts or
depreciation which may be derived from subscribers receiving goods,
equipment, [or] service; revenues from service installation and repair,
advertising, marketing and sales of programming, air time and other
services within the city or aired within the city; home shopping sales
made within the city; any and all revenue received by the grantee
for services which, even if unrelated to cable systems, are provided
by the grantee within the city limits; provided, however, such revenues
are not intended to include income, credits or revenues attributed
to the operation of the cable system within the city which arise from
real property transactions by the grantee; taxes paid [by] a subscriber
to the grantee; interest other than interest charged subscribers of
the cable system or advertisers for service provided and delivered
by the cable system within the city, or dividends on investments received
by the grantee unrelated to the delivery of cable services within
the city; or net uncollectible debts.
The keeping, raising, using, possessing, under the control
or attempted control of, or having on the property of the resident
within the city limits of any animal or animals.
As related to variances, means the exceptional hardship that
would result from a failure to grant the requested variance. The board
of aldermen requires that the variance be exceptional, unusual, and
peculiar to the property involved. Economic or financial hardship
alone is not exceptional. Inconvenience, aesthetic considerations,
physical handicaps, personal preferences, or the disapproval of one's
neighbors likewise cannot, as a rule, qualify as an exceptional hardship.
All of these problems can be resolved through other means without
granting a variance, even if the alternative is more expensive, or
requires the property owner to build elsewhere or put the parcel to
a different use than originally intended.
An area of the yard that is completely covered with concrete,
asphalt or paving blocks at a single-family residence, designed to
support parking of automotive vehicles, trailers, and/or recreational
vehicles. Paving blocks shall be installed per the manufacturer's/distributor's
recommendations for compacting the base and construction of the border
footings.
Any vegetation planted in a continuous row or rows in such
a manner as to create a barrier to passage.
Highland Haven Property Owners Association, Inc.
Highland Haven Water System.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
A private water company.
Any lot will be considered to be an improved lot if it meets
one or more of the following criteria:
A residence has been constructed on the lot; or
The lot has been landscaped, terraced or altered in such a manner
as to change the natural condition and cause it to stand out among
adjacent unimproved lots; or
The lot is used to hold a residential septic drainfield; or
A waterfront facility has been constructed on the lot.
Any street, alley, roadway, barricade, sidewalk, bikeway,
pedestrian way, water line system, wastewater system, storm drainage
network, public park land, landscaping, or other facility or portion
thereof for which the local government may ultimately assume responsibility
for maintenance and operation, or which may affect an improvement
for which local government responsibility is established.
All systems and methods used for the disposal of sewage,
other than organized sewage disposal systems. Private sewage facilities
are usually composed of three (3) units: the generating unit (the
residence, institution, etc.), the treatment unit, and the disposal
unit (the drainfield that may be an absorption trench or bed, or an
evapotranspiration bed). A private sewage facility may include a septic
tank, seepage tile sewage disposal system or any other on-lot sewage
treatment device approved and installed in accordance with all local,
state and federal laws and regulations.
Nonresidential use of any site involved in manufacturing
and/or external storage of goods; any site generating significant
negative externalities, such as noise, dust, glare, etc.; and/or any
site where hazardous materials are stored and/or generated.
A zoning classification for property utilized for municipal
structures and activities, schools, churches, utilities, and other
structures and activities used for the common good of municipal residents.
A lot other than a corner lot and bounded by a street on
only one (1) side.
Any person or persons engaged in the commercial business
of breeding, buying, selling, or boarding any animal or animals, excluding
any person who is a passive or occasional breeder of not more than
one (1) litter or brood per calendar year.
An area with a sink and permanent facilities for food preparation
and cooking (heating) food. The presence of any of the following constitutes
the ability to cook (heat) food: an oven or range, operational gas
lines or presence of an electrical range outlet. A residence containing
more than one kitchen shall be considered multi-family.
A facility for food preparation and cooking that is not in
an enclosed structure. It may be roofed but is open on at least two
sides, not air conditioned and exposed to the weather.
Lake Lyndon Baines Johnson.
A municipal utility district authorized by the State of Texas
for, but not limited to, sewage treatment and the disposal of wastewater.
LBJ MUD #2 has been dissolved.
Trees, shrubs, ground cover, vines or grass installed in
planting areas.
Motorized riding lawn mowers and tractors with or without
attached vegetation shredding devices.
Either a lot recorded in the official county records pursuant
to and in compliance with the subdivision regulations in effect at
the time of its creation, or a tract of land having existed in its
present configuration prior to October 1, 1972.
A lot that is part of a subdivision approved by the city
and recorded in the official county records.
A letter from a bank or other reputable creditor acceptable
to the city that guarantees to the city that upon failure of the subdivider
to fulfill any improvement requirements that at the city's request,
funds will be provided to the city to complete the specified improvements.
A man-made structure, usually an earthen embankment, designed
and constructed in accordance with sound engineering practices to
contain, control, or divert the flow of water so as to provide protection
from temporary flooding.
A flood protection system, which consists of a levee, or
levees, and associated structures, such as closure, and drainage devices,
which are constructed and operated in accordance with sound engineering
practices.
That most external point or portion of a building, whether
roof eaves, overhang, column, outside appliance or wall, which extends
nearest a front, rear or side lot line and which will be used to determine
the setback distance of the building to the front, rear or side lot
line.
The Burnet County Health District.
A street designed for the sole purpose of providing access.
Any segregated or defined tract or parcel of land including,
but not limited to, any subdivision lot, or replat thereof, filed
and of record in Burnet County, Texas. A waterfront lot and the tract
of land between the back lot line down to and underneath the waters
of a dredged canal or Lake LBJ, deeded to lot owners by HHPOA, is
considered one lot.
As used herein includes, but is not limited to, all dirt
work, any construction and/or relocation of any type building or facility.
Any change in lot surface.
The Texas state agency controlling Lake LBJ.
The lowest floor of the lowest enclosed area, including basement
(see "Basement" definition).
An unfinished or flood-resistant enclosure below the lowest
floor that is usable solely for the parking of vehicles, building
access or storage in an area other than a basement area, is not considered
a building's lowest floor provided that it conforms to applicable
non-elevation design requirements, including, but not limited to:
The wet floodproofing standard in section 4.04.005(a);
The anchoring standards in section 4.04.005(a)(4);
The construction materials and methods standards in section 4.04.005(a)(5); and
The standards for utilities in section 4.04.005(b).
For residential structures, all sub-grade enclosed areas are
prohibited as they are considered to be basements (see "Basement"
definition). This prohibition includes below-grade garages and storage
areas.
Includes, but not limited to, additional construction or
partial demolition of a structure or a SFR that results in removal
of weight-bearing wall(s), enlargement of the footprint to add living
space (heated/air conditioned), an increase in the height of the ceiling,
the addition of a second story, or the enclosure of a garage into
livable (heated/air conditioned) space. May include HVAC, electric
and plumbing.
A structure, transportable in one or more sections, which
is built off-site on a permanent chassis and is designed for use with
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a "recreational vehicle."
A building or structure originally manufactured as a residence
designed for a permanent foundation and meeting the requirements of
the Texas Manufactured Housing Code or Texas Modular Code.
Market value shall be determined by estimating the cost to
replace the structure in new condition and adjusting that cost figure
by the amount of depreciation that has accrued since the structure
was constructed. The cost of replacement of the structure shall be
based on a square foot cost factor determined by reference to a building
cost estimating guide recognized by the building construction industry.
The amount of depreciation shall be determined by taking into account
the age and physical deterioration of the structure and functional
obsolescence as approved by the floodplain administrator, but shall
not include economic or other forms of external obsolescence. Use
of replacement costs or accrued depreciation factors different from
those contained in recognized building cost estimating guides may
be considered only if such factors are included in a report prepared
by an independent professional appraiser and supported by a written
explanation of the differences.
Brick and brick veneer, native stone and stone veneer, or
stucco. Does not include concrete (cement), hardi-board, or hollow
blocks.
The overall development plan for the community which has
been officially adopted to provide long-range development policies
including all specified individual elements thereof among which are
the plans for mean land intensities; land subdivision; circulation;
and community facilities, utilities and services; and, if none, means
professional urban planning and engineering practices.
For purposes of the National Flood Insurance Program, means
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum,
to which base flood elevations shown on a community's flood insurance
rate map are referenced.
Building cooling and heating design and installation.
Construction or demolition of the interior or exterior of
a structure, with or without HVAC, electric and/or plumbing; must
not include change in footprint, additional living space or removal
of load-bearing wall.
A local street designed primarily for access to abutting
residential properties. A minor street does not include a street designed
or required to be designed for through traffic.
A structure, transportable in one or more sections, which,
in the traveling mode, is eight (8) feet or more in width and forty
(40) body feet or more in length or, when erected on-site, is 320
or more square feet and which is built on a permanent chassis and
designed to be used as a residence with or without a permanent foundation
when connected to utilities, and does not meet the requirements of
Texas Manufactured Housing Code or Texas Modular Code.
A motorized bicycle with pedals.
A self-propelled two or more wheeled device equipped with
a gas engine not exceeding 40 cubic centimeters or an electric motor,
a deck designed to allow a person to stand or sit on while operating
the device, and a satisfactory braking system.
A motorized vehicle designed for or equipped with sleeping,
cooking, and/or toilet facilities, and which is eligible to be licensed
or registered and insured for public roadway use. Truck campers and
vans with either cooking or toilet facilities are deemed to be motor
homes.
A two wheeled motor vehicle equipped with a gas engine exceeding
40 cubic centimeters, a deck allowing a person to stand or sit on
while operating the device, and a satisfactory braking system.
A motorized chair device designed for transport of the physically
handicapped.
Buildings designed for occupancy by more than a single family.
Multi-family residences, including but not limited to apartments,
duplexes and condominiums, are considered multi-family residences.
That court created by law in each city, town, or village
in the State of Texas, L.G.C. [Government Code] section 29.002.
The topography of a waterway prior to construction, installation
of improvements or any re-grading.
A storm water runoff conveyance system not altered by development.
The area of the city characterized by residential land uses
that is bounded by physical (such as river, major street, back [lack]
of access) and/or political features (such as voting districts, subdivision
boundaries).
A vehicle resembling a golf cart, but larger - usually capable
of carrying four passengers.
A parcel of land, within a subdivision, dedicated solely
for recreational uses.
For the purpose of determining insurance rates, this term
defines structures for which the "start of construction" commenced
on or after the effective date of the initial FIRM or after December
31, 1974, whichever is later, and includes any subsequent improvements
to such structures. For floodplain management purposes, means structures
for which the "start of construction" commenced on or after the effective
date of a floodplain management regulation adopted by a community
and includes any subsequent improvements to such structures.
A manufactured home for which the construction for servicing
the lot on which the manufactured home is to be affixed (including
at a minimum, the installation of utilities and either final site
grading or the foundation) is completed on or after the effective
date of floodplain management regulations adopted by this community.
A purpose or cause not created, existing, or espoused for
the generation of profit or the remuneration of individuals, including,
but not limited to, the religious or charitable solicitation of contributions,
seeking political support or contributions, the promotion of civil
causes, the promotion of conservation of resources or animals, advocating
a philosophy or religion, or minors conducting fundraising activities,
who represent an organization for the benefit of youths, including
but not limited to Boy Scouts, Girl Scouts, Little League groups and
school groups.
A building or structure, or use thereof, built after 1/1/1975
that is not permitted by the zoning ordinance or any amendment thereto.
The edge of water when Lake LBJ is filled to its normal level
of 825 feet above sea level.
As corrected in 1988, is a vertical control used as a reference
for establishing elevations. If a datum other than NAVD 88 is used,
then use the datum listed as the reference datum on the applicable
FIRM panel for use on elevation certificate completion.
A nuisance is a "condition that substantially interferes
with the use and enjoyment of land by causing unreasonable discomfort
or annoyance to persons of ordinary sensibilities attempting to use
and enjoy it." In other words, a nuisance is something would annoy
a reasonable person. A minor nuisance affects adjacent neighbors.
Examples of a nuisance are pollution of land or water, smoke, foul
odors, bright lights, loud noise, abandoned vehicles or boats, accumulated
rubbish, high weeds, unsanitary conditions, or health hazards.
Includes, but is not limited to, any dam, wall, wharf, embankment,
levee, dike, pile, abutment, protection, excavation, channelization,
bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse,
fill, structure, vegetation or other material in, along, across or
projecting into any watercourse which may alter, impede, retard or
change the direction and/or velocity of the flow of water, or due
to its location, its propensity to snare or collect debris carried
by the flow of water, or its likelihood of being carried downstream.
Any person who rents, leases or appears to reside, rent,
or lease a building, structure or property through custody of the
premises or who has the legal right to possession of such premises.
The official records of Burnet County, Texas.
Any required improvement that lies outside of the property
being developed.
Any lot not adjacent to Lake LBJ or to one of the dredged
canals.
That flood that has a one percent (1%) chance of being equaled
or exceeded in any given year (also called the base flood). "Base
flood" is the term used throughout this ordinance [the floodplain
management regulations].
Known also as "septic systems" and as "on-site sewerage facilities."
The terms "on-site wastewater disposal facilities" and "on-site sewerage
facilities" shall be synonymous and interchangeable with the term
"septic system" and is defined as: All systems and methods used for
the disposal of sewage. On-site sewerage facilities are usually composed
of three units: the generating unit, the treatment unit, and the disposal
unit. The term "on-site" also means that each residence will have
its own individual septic system.
Any lot adjacent to Lake LBJ or with direct access to Lake
LBJ because of its location on one of the dredged canals.
The physical control and manipulation of the various devices
necessary to initiate and maintain movement of a vehicle or watercraft.
The person in control of vehicle or watercraft movement.
A government/municipal statute, law, or regulation.
Any secondary building or structure (excluding waterfront
facilities) located on an improved lot with the existence of a single-family
residence. Water well enclosures up to 36 square feet of floor space
and domestic pet housing up to 18 square feet of floor space will
not be considered an outbuilding.
Any open fire utilized to consume grass cuttings, leaves,
weeds, flowers, and tree limbs. Exception: Outdoor cooking using an
appliance designed for such purpose.
An appliance normally used for heating or cooling of the
single-family residence or a detached building. An outside appliance
is also an LP tank.
Storm water runoff which is not confined by any natural or
man-made channel such as a creek, drainage ditch, storm sewer, or
the like.
Any person who holds any interest in the legal title of a
building, structure or property or has the legal right of possession
thereof. Any person who is the registered owner/proprietor of a motor
vehicle, recreational vehicle, motorcycle, trailer, and all vehicles
as described under the definition "Play vehicles." Any person or persons,
partnerships, corporation or any entity keeping or harboring an animal
or animals. In the case of a dog(s) or cat(s), the owner may also
be deemed to be the person(s) who provides care and maintenance.
A tract or lot as described by deed or plat, which includes
one (1) or more lots that are being subdivided.
A special fund established by the city to retain monies paid
by developers in accordance with the payment in-lieu of park land
dedication provisions of these regulations and to be used for the
purpose of park land or improvements in the vicinity of the subdivided
property for which funds have been collected.
A term used to describe a vehicle put in place for a temporary
period. Being at any residence or in any location for less than eight
(8) hours during any twenty-four (24) hour period.
A freestanding roofed open-sided structure.
Any person, whether a resident of this city or not, who sells
or offers for sale for immediate delivery any goods, merchandise,
or products, whether at one or more fined [fixed] locations or by
carrying goods, [or] merchandise from house to house, business to
business, street to street, or upon public property; a merchant shall
be considered temporarily in business unless it is the intention of
such a merchant to establish a permanent business. Transfer or payment
at the time of sale is immaterial. The word "peddler" shall include
the terms "solicitor" and "commercial solicitor." This term shall
not include individuals connected with a noncommercial purpose or
cause.
A structure with open roof of cross beams and rafters supported
on posts or columns.
Any fencing along a property line or along the boundaries
of any lot or lots.
Placed and bolted or otherwise fixed to a concrete, block
or pier and beam foundation.
An occupation, customarily carried on in a single-family
residential district and a single-family residence as an incidental,
but not the principal use thereof, by a member(s) of the family residing
on the premises, without outside help, without structural alterations
in the building or any of its rooms, without the installation of any
machinery or equipment other than that customary to normal household
operations, without the use of any signs or advertisements, and which
occupation does not cause additional traffic in the street nor involve
the storage or display of any merchandise, and which occupation does
not include professional child care, beauty schools, beauty shops,
barbershops, carpenter's, electrician's or plumbing shops, radio shops,
auto repairing or painting, furniture repairing, sign painting or
real estate offices, but not limited to those so enumerated, and which
is not detrimental or injurious to the adjoining property or to any
other property in the city.
An individual human, partnership, co-partnership, firm, company,
limited liability partnership, or other partnership or other such
company, joint venture, joint stock company, trust estate, governmental
entity, association or corporation or any other legal entity, or their
legal representatives, agents or assigns. The masculine gender shall
include the feminine; the singular shall include the plural where
indicated by the context.
Vehicles designed for noncommercial use. Personal vehicles
used for a dual commercial purpose but having all the appearance of
a personal vehicle, excluding side panel signs, are deemed to be personal.
Any domestic house pet such as but not limited to a dog or
cat.
See "Planned unit development."
An area of land under an agreement between the governing
body of a municipality and the owner of the land subject to the agreement.
The land area will be within the jurisdiction of the governing body
and include any land area within the extraterritorial jurisdiction
of the governing body. The land area is designated as a zoning district
that permits development of at least three acres under a single ownership
pursuant to an approved master plan. It is a development of land under
unified control, planned and developed as a whole in a single development
operation or a programmed phasing of developments, including streets,
utilities, lots or building sites, structures, open spaces and other
improvements. This district may permit compatible mixed uses of land
(e.g. residential, commercial and/or industrial)
A group of people established and appointed by a city or
governing body to write, review, and amend zoning ordinances and/or
definitions contained in an ordinance that are to be presented and
considered by the governing body for implementation and/or adoption.
Also, may provide advice to the city as may be appropriate.
Wheeled vehicles, motor assisted or not, which do not fit
in other vehicle categories. Includes but is not limited to those
defined by TXDOT.
Residential playground equipment for children; may contain
one or more swing seats, monkey bars, swing rings, slide, and rock
climbing wall. Any structure permanently anchored to the ground that
is designed for recreational purposes. Sports courts such as basketball
or tennis courts are not considered playscapes.
Terminology used to define the closing/sealing of a water
well as specified in the requirements by the TDLR.
Mini-motorcycles.
See "Residential pool."
also commonly known as grandfathered. If not a health or
safety hazard, where an item existed before an applicable ordinance
was enacted, it may be permitted to remain. This is only applicable
to structures, unless specifically allowed in a variance. See "Certificate
of noncompliance," 1996 city incorporation variances.
A map of a proposed land subdivision showing the character
and proposed layout of the property in sufficient detail to indicate
the suitability of the proposed subdivision of land.
A structure in which the principal use of the lot is conducted.
For example, for single-family residential lots, the house is the
primary structure.
An opaque (not transparent or translucent) fence or screen
no more than six (6) feet in height. A fence shall be considered opaque
if it is made of opaque materials and constructed so that gaps in
the fence do not exceed one-half (1/2) inch. Fences using boards placed
on alternating sides of fence runners shall be considered opaque if
the boards overlap at least one-half (1/2) inch.
Any real estate, including a residence as defined herein,
owned, rented or otherwise occupied by any person within the city
limits.
With respect to land and interests in land within the city
limits, the city; and, with respect to land and interests in land
within the ETJ limits, the general public.
A federal highway, state highway, county road, or municipal
street open to use by the public.
Maintenance of property in such a manner that has a significant
adverse impact on public health or safety, or which detracts from
the overall appearance of the neighborhood to such an extent as to
reduce the value of surrounding properties.
All present and future public streets, avenues, highways,
alleys, bridges, viaducts, public thoroughfares, public utility easements,
public ways, public grounds, and without limitation by the foregoing
enumeration, other public property within the city limits. As used
herein, the term "rights-of-way" does not include facilities dedicated
to the provision of electrical power to citizens of the city to the
extent that the city may own or franchise the power utility providing
power in the city. A public right-of-way does not include the airways
above a public right-of-way. See also "Right-of-way."
Means that the granting of a variance must not result in
anything which is injurious to safety or health of an entire community
or neighborhood, or any considerable number of persons, or unlawfully
obstructs the free passage or use, in the customary manner, of any
navigable lake, or river, bay, stream, canal, or basin.
Places of noncommercial public assembly or administrative
functions where the primary activity is contained within a building(s),
including but not limited to schools and government buildings.
Water in its natural state as collected and before filtration
or chemical treatment.
A space extending across the full width of the lot between
the principal building and the rear lot line and measured perpendicular
to the building to the closest point of the rear lot line.
A vehicle that is (i) built on a single chassis; (ii) 400
square feet or less when measured at the largest horizontal projection;
(iii) designed to be self-propelled or permanently towable by a light-duty
truck; and (iv) designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel,
or seasonal use. Includes motor homes, travel trailers, golf carts,
play toys, watercraft trailer with or without a watercraft.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
To bring the structure or other development into compliance
with state or local floodplain management regulations, or, if this
is not possible, to reduce the impacts of its noncompliance. Ways
that impacts may be reduced include protecting the structure or other
affected development from flood damages, implementing the enforcement
provisions of the ordinance or otherwise deterring future similar
violations, or reducing state or federal financial exposure with regard
to the structure or other development.
Flood-related damages sustained by a structure on two occasions
during a ten-year period, for which the cost of repair, at the time
of each flood event, on the average, equals or exceeds 25% of the
market value of the structure before the damage occurred.
The open space between a lot line and the buildable area
within which no structure shall be located.
A narrow strip of property usually separating a parcel of
land from a roadway or utility line easement, that is characterized
by limited depth which will not support development and which is intended
to prevent access to the roadway or utility easement from adjacent
property and which are prohibited unless their control is given to
the city.
A place, premises, dwelling, house or other place where a
person resides.
Those defined tracts of land, not designated by platted lot
number located with [within] Zoning Districts A and D of the city.
Any man-made, permanently installed, non-portable structure
holding water circulated in a closed system and not intended to be
drained and refilled after each use that is located on private property
under the control of the property owner or the owner's tenant and
that is intended for the recreational or therapeutic use of the property
owner, resident family, and their guests.
The owner or occupant, including the person in custody of
the building, property, or structure, and any person performing work
upon the property which is not in compliance with the ordinances of
the city.
Any fence, leash, chain, cord or other suitable material,
all of which shall be in good repair and of such quality as to prohibit
its being broken or breached by the animal by which it is restrained.
Devices commonly referred to as "invisible fences" shall be considered
restraints provided they are in good repair, in proper working order
and provided that applicable training has been completed.
Retaining walls are relatively rigid walls used for supporting
the soil mass laterally so that the soil can be retained at different
levels on the two sides. A retaining wall has soil (earth) on both
sides of the wall. However, may be generically used to reference a
seawall or bulkhead. Retaining walls higher than thirty inches (30")
must have a fall protection safety fence permanently installed per
International Residential Code.
A double frontage lot that is to be developed with the rear
yard abutting a major street and with the primary means of ingress
and egress provided on a minor street.
The term will mean and include the entire width between property
lines of any road, street, way, thoroughfare, bridge, dredged canal,
and public beach or park in this city, not privately owned or controlled,
when any part thereof is opened to the public for vehicular traffic
and/or over which the city has legislative jurisdiction under its
policing power.
The surface, air space above the surface, and the area below
the surface of any public street, alley, bridge, tunnel, park, parkways,
or other public rights-of-way including public utility easements or
rights-of-way and any temporary or permanent fixture or improvements
located thereon now or hereafter held by the city which shall entitle
the city and a grantee the use thereof for the purpose of installing
and maintaining a grantee's use of that space for a provided service.
The usage of the term "right-of-way" for land platting purposes
shall mean that every right-of-way hereafter established and shown
on the final plat is to be separate and distinct from the lots or
parcels adjoining such right-of-way and not included within the dimensions
or areas of such lots or parcels. Right-of-way intended for streets,
crosswalks, water mains, wastewater lines, storm drains, or any other
use involving maintenance by a public agency shall be dedicated to
the public by the maker of the plat where such right-of-way is established.
See also "Public right-of-way."
Right-of-way also means the area between the lot line and the
street pavement.
Relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
Ownership by the same person, family, corporation, firm,
entity, partnership, or unincorporated association; or ownership by
different corporations, firms, partnerships, entities, or unincorporated
associations in which a stock holder, partner, or associate or a member
of his/her family owns an interest in each corporation, firm, partnership,
entity, or unincorporated association.
A structure erected or constructed to provide privacy or
concealment of a specific area such as, but not limited to, a spa,
deck, swimming pool, etc. This could also include shrubs, bushes or
other vegetation planted in such a manner as to create a hedge for
the purpose of screening an area off from view.
Any structure that is subordinate and incidental to the primary
structure; and is subordinate in area, extent and purpose to the primary
structure; and contributes to the comfort, convenience or necessity
of the occupants, business or industry in the primary structure, and
is located on the same lot as the primary structure.
A wall or embankment erected to prevent the sea from encroaching
on or eroding an area of land. The term "seawall" refers to a structure
that provides shoreline protection from waves but also retains soil.
Seawalls have a unique function in that they are intended to account
for shoreline protection from waves that also retain soil. See also
"Bulkhead."
See "On-site wastewater disposal facilities."
A line or lines designating the interior limit of the area
of a lot between said line and the corresponding line within which
area structures may not be erected. The building lines generally provide
the boundaries of the buildable area of any given lot.
See "Area of shallow flooding."
The line at which the water surface of each Highland Lake
intersects the land at any given time. The shoreline will move as
the surface elevation of a lake changes.
A space extending from the front yard to the rear yard between
the setback line and the side lot line measured perpendicular from
the side lot line to the closest point of the setback line.
A horizontal hard surface located on top of earthen material,
primarily used as a walkway.
The body of persons who live in one house or under one head,
including parents, children, servants, etc., connected by blood or
relationship by inclination and/or companionship.
A detached main building having accommodations for a single
family, but not including any form of temporary or permanent mobile
home, trailer or other vehicle, whether on wheels or not. Only one
single-family residence may be constructed on one lot. In the event
one residence is constructed on more than one lot, the combined property
is to be considered as one lot for this purpose only. A single-family
residence will have only one kitchen facility.
The vertical change in grade divided by the horizontal distance
over which that vertical change occurred. The slope is usually given
as a percentage.
Same as "Residential pool."
An area in the floodplain subject to a 1 percent or greater
chance of flooding in any given year. It is shown on an FHBM or FIRM
as zone A, AO, A1-A30, AE, A99, AH, V1-V30, VE or V.
Includes substantial improvement and other proposed new development
and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date
of the permit. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring
of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
A vehicular unit without its own motive power designed primarily
to transport livestock, which in combination with the towing vehicle,
is eligible to be licensed or registered and insured for highway use.
A term used to describe a vehicle put in place for a non-temporary
period. A vehicle not public highway ready due to lack of proper registration,
safety inspection expiration, or being mechanically inoperative for
a period exceeding 14 days is deemed to be stored.
Any public or private right-of-way which affords the primary
means of vehicular access to abutting property.
That line limiting the right-of-way of the street and being
identical with the property line of persons owning property fronting
on the streets.
The side yard of a corner lot abutting the street right-of-way.
A space extending across the length and/or width of a lot
between the street right-of-way and the closest faces of the buildings
on the lot.
The ability of a structure to maintain stability against
normal forces experienced by said structure.
Anything constructed on land or otherwise located in, on
or over the water surface. It also includes anything that is an essential
part of the structure, such as utility equipment or fuel storage tanks.
Exclusions include flower beds, sidewalks, swing sets, arbors eight
feet or less in height from the ground surface, curbing six inches
or less in height and fences.
Any person, developer, firm, partnership, corporation or
other entity, acting as a unit subdividing or proposing to subdivide
land as herein defined.
The division or re-division of land into two (2) or more
lots, tracts, sites or parcels for the purpose of development, laying
out any addition to the city, or for laying out any subdivision or
building lots, or any lot, street, alley, access easement, public
utility easement, park or other portion intended for use by the public,
or for the use of any owner, purchaser, renter, occupant, person or
entity.
Any person who receives monthly cable television service
provided by the grantee.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50 percent of the market value of the structure before
the damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50 percent of
the market value of the structure before "start of construction" of
the improvement. This includes structures, which have incurred "substantial
damage," regardless of the actual repair work performed. The term
does not, however, include any project for improvement of a structure
to correct existing violations of state or local health, sanitary,
or safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure
safe living conditions. See also "Market value."
All services of any nature, offered for sale by the telephone
company to subscribers in the city, which services are delivered to
such subscribers by transmission, between or among points not specified
by the telephone company, of information, voice or otherwise, not
chosen, created, or offered for distribution by the telephone company,
transmitted without change in form or content of the information as
sent and received, which transmission is offered for sale by the telephone
company in the city, which services are provided in whole or part
in the city to any customers of any type whatsoever. "Telecommunications"
and "telecommunications services" do not include such services as
cable services, as that term is defined in the Cable Communications
Policy Act of 1984 (47 U.S.C.A. section 521 et seq., as amended) or
as recognized by the Federal Communications Commission or any other
service wherein content is selected for distribution by the telephone
company.
Verizon.
A State of Texas agency.
A State of Texas agency.
A state regulatory agency succeeded by TCEQ.
(Amend IBC definition to read:) A single-family dwelling
constructed in a row of attached units separated by property lines
and with open space on at least two sides. A townhouse is not permitted
in Single-Family Residence District A.
A study of the impacts of a development on the city's transportation
system.
A vehicular unit without its own motive power designed for
transportation of all types of motor vehicles, goods, or materials
and which has a cargo bed that is longer than 12 feet, which in combination
with the towing vehicle, may be eligible to be licensed or registered
and insured for highway use. All tandem axle trailers, despite cargo
bed length, will be considered commercial trailers. All trailers with
an overall height above the ground greater than forty-two inches will
be considered commercial trailers.
All telephone company cables, fibers, wires or other physical
devices used to transmit and/or receive communication signals, whether
analog, digital or of other characteristics, and whether for voice,
video, or data or other purposes, which are physically located in
the city rights-of-way.
A rigid vehicular structure, without its own motive power,
designed as a temporary dwelling for travel and generally used for
camping, recreation, and vacation; eligible to be licensed or registered
and insured for highway use; and when equipped for the road, has a
body width of not more than eight (8) feet. See also "Camping trailer."
A vehicular unit with its own motive power designed to transport
goods and materials within its own cargo bed space and/or designed
to tow a trailer for the transport of goods and material.
A portable structure, without its own motive power, designed
to be transported on a power vehicle as a temporary dwelling for travel
and generally used for camping, recreational, and vacation, and which
in combination with the carrying vehicle, is eligible to be licensed
or registered and insured for highway use.
The larger lines from which service lines will branch.
A federal agency with permitting authority for United States
waterways, including Lake LBJ. Many regulations delegated to LCRA.
See blanket permits.
Any lot not meeting the criteria of an improved lot will
be considered to be an unimproved lot.
The process of constructing public improvements required
to support suburban or urban land use.
A single axle vehicular unit without its own motive power,
designed for or used for transportation of all type of motor vehicles,
goods, or materials and which has a cargo bed of less than 12 feet
in length and a total height above ground of less than forty-two inches
and which may be eligible to be licensed or registered and insured
for highway use. Also see "Trailer."
For an animal or animals, vaccination against rabies or any
other vaccination(s) required by the laws of the State of Texas.
A four-wheeled motorized vehicular unit, distinct from the
automobile by an enclosed cargo compartment behind the front seat
or seating for additional passengers. Vans of greater than one ton
rated capacity or seating for more than the driver plus seven passengers
are deemed to be commercial vehicles.
A grant of relief from the requirements of an ordinance that
permits construction in a manner that would otherwise be prohibited
by the ordinance. A hardship must not be self-imposed, nor financial
only, and must relate to the very property for which is sought (i.e.,
condition unique, oppressive, and not common to other property).
A device, motorized or not, designed for the transport of
people, cargo, or both.
Any animal, domestic (breeds such as pit bull dogs) or wild,
known to attack with or without provocation any person where such
person may lawfully be at any time.
Any animal that bites, scratches, or otherwise injures a human
resulting in the requirement for medical treatment regardless of how
minor or major such medical treatment may be, and regardless of whether
or not such treatment is administered by a licensed professional or
by a layman.
Any domestic, wild or feral animal, which by species or nature
is vicious or dangerous to humans. It is presumed that any species
of animal, as defined herein, for which either federal law or any
law of the State of Texas requires a permit, is a dangerous animal.
The failure of a structure or other development to be fully compliant with the community's floodplain management ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in the floodplain management ordinance (article 4.04) is presumed to be in violation until such time as that documentation is provided.
To forego or relinquish a specific requirement.
Consists of brick or rock but not concrete or cinderblock.
Public drinking water as defined by the appropriate agency
of the State of Texas.
Consists of, but not limited, to storage tanks, distribution
line pressure equipment, transfer pumps, raw water treating chemicals
and related raw water treating equipment, building and testing laboratory
which may be located in the city rights-of-way. A water plant is also
considered a facility.
Consists of, but not limited to, all water wells used as
a source of raw water supply, all lines transporting water into the
city storage plant, and all line valves, which are located in the
city rights-of-way. A water supply system is also considered a facility.
The height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929 (or other datum, where specified), of floods
of various magnitudes and frequencies in the floodplains of coastal
or riverine areas.
A lake, river, creek, stream, wash, arroyo, channel or other
topographic feature on or over which waters flow at least periodically.
Watercourse includes specifically designated areas in which substantial
flood damage may occur.
Any water-borne vessel, motorized or not, including canoes,
personal watercraft (jet skis), motorboat, paddle boat, and sailboat.
Any improvement to the shore line of Lake LBJ, dredged canals,
and off shore within 50 feet of land including, but not limited to,
retaining wall, boat lift, boat dock, deck, boat launch ramp, and
boat house.
The area from which storm water drains into a given basin,
river or creek.
Any natural or man-made channel conducting storm water from
a two (2) year storm event at a depth of eight (8) inches or more
and at a rate of fifteen (15) cubic feet per second or more. Street
pavement shall in no instance be considered a waterway.
Includes but not limited to lions, tigers, ocelots, cougars,
leopards, cheetahs, jaguars, lynx, bobcats, hyenas, bears, lesser
pandas, wolves, coyotes, foxes, raccoons, possums, non-human primates,
elephants, rhinoceroses, or any poisonous or dangerous snake or other
reptile, which can be found in the wild.
The word is mandatory, not discretionary, when used in this
code (now generally used in place of "shall").
Monday through Thursday exclusive of city-recognized holidays.
An open space that lies between the principal or accessory
building or buildings and the nearest lot line.
The shortest distance between a lot line and a yard line.
A line drawn parallel to a lot line at a distance therefrom
equal to the depth of the required yard.
The division of a city into districts to include the prescription
and application of different regulations in each district. A comprehensive
(not specific to a specific property) zoning ordinance necessarily
divides a city into certain districts and describes regulations for
each one having to do with the architectural design of structures,
the area of a building to be occupied by them, and the use to which
the property may be devoted. Zoning also includes regulations that
apply to all zone districts.
(Ordinance 074 Rev. 8, sec. 2, adopted 10/3/2023; Ordinance adopting Code)
The zoning, subdivision, property, building, and nuisance regulating
ordinances of the city are hereby amended to include the provisions
of definitions of this article. The ordinances shall be interpreted
in harmony to include the terms and provisions of this article. If
a specific ordinance conflicts with all or part of this article, it
is the intent of the board of aldermen that this article shall control
unless the result is a violation of state or federal law or from the
context is clearly inapplicable. All parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict only.
In the event of a conflict or inconsistency between this article and
any other code or ordinance of the city, the terms and provisions
of this article shall govern.
(Ordinance 074 Rev. 8, sec. 3, adopted 10/3/2023)
