(a) 
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Abutting
means adjacent; joining at a boundary.
Administrator
means the city engineer, director of public works or other person designated by the city to administer the regulations and provisions of this chapter.
Alley
means a minor public right-of-way that is primarily for vehicular service access to the back or sides of properties otherwise abutting on a street.
Alternative review procedure
means the procedures set forth in section 41-47B that modify the plan or plat application review process as described in section 41-47.
Application
refers to an application for a plan or plat approval under this chapter, which includes the plan or plat package, and unless context dictates otherwise, will include the resubmittal application for a plan or plat.
Applicant
means a person applying for plan or plat approval under this chapter.
Block
means a unit of land bounded by streets or a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity to development.
Building setback line
means a line beyond which building foundations or any building extension other than roof overhang not exceeding 18 inches must be set back from the property line.
Crosswalkway
means a public right-of-way, between property lines, for pedestrian circulation.
Cul-de-sac
means a local street with only one street outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
Dead-end street
means a portion of a street or a road with only one street or road outlet.
Developer.
See Subdivider.
Double fronting lot
means a lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.
Easement
means a grant of one or more of the property rights by the property owner to and/or for the use by the public, corporation or another person or entity.
Easement, avigation,
means an air-rights easement, which protects air lanes around airports.
Easement, drainage,
means an easement required for the installation of stormwater sewers or drainage ditches, and/or required for the preservation or maintenance of a natural stream or watercourse or other drainage facility.
Engineer
means a person authorized under the Texas Engineering Registration Act to practice the profession of engineering.
Filed or filing date
means, with respect to a plan or plat, the date that a plan or plat application is determined to be complete and is accepted for review by the city; provided that with respect to plats or plans that must be approved by the city council, the filing date for the purposes of council action shall be the date the plan or plat is approved by the commission or approved by inaction of the commission.
Flood
means a general and temporary condition as partial or complete inundation of normally dry land areas from the unusual and rapid accumulation or runoff of surface waters from any source.
Flood protection elevation, regulatory.
See the flood hazard area regulations in chapter 17, article II.
Homeowners' association
means a community association, other than a condominium association, which is organized in a development in which individual owners share common interests in open space or facilities.
Interior lot
means a lot other than a corner lot.
Lot
means an undivided tract or parcel of land, identified by a number or symbol and designated as a distinct and separate tract on a fully approved subdivision plat properly filed of record.
Lot area
means the total area within the lot lines of the lot excluding any street rights-of-way.
Lot combination
means the assembly or joinder of two or more separate platted lots, or any portion thereof, situated within the corporate limits of the city or within its extraterritorial jurisdiction, into a new configuration of lot(s) not exceeding the original number.
Lot corner
means a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.
Lot depth
means the distance measured from the front lot line to the rear lot line. Where the front and rear lot lines are not parallel, the lot depth should be measured by drawing lines from the front to the rear lot lines, at right angles to the front lot line every ten feet, and averaging the length of these lines.
Lot line
means a line of record bounding a lot, which divides one lot from another lot or from a public or private street or any other public space.
Major subdivision
means any subdivision not classified as a minor subdivision.
Manufactured home
means a HUD-Code manufactured home as defined in V.T.C.A. Texas Occupations Code § 1201.003(12), as amended from time to time.
Manufactured home park
means a unified development of two or more manufactured home spaces for rent or lease arranged on a tract of land.
Master development plan
means a graphic representation and narrative description of a large area of land intended for eventual development in phases. The plan may involve a single parcel or a number of contiguous parcels. It should show proposed land use, street classification, parks and open space, major public facility sites, floodplains and waterways, major drainage and utility improvements, and other features deemed necessary or appropriate by the administrator to depict critical on-site and off-site relationships that coordinate the development with the community's overall plan and adjoining undertakings.
Minor plat
means a proposed plat with four or fewer lots, with said lot or lots fronting on an existing street, and not requiring the creation of any new street or the extension of municipal facilities.
Mobile home
means a pre-fabricated structure designed for use as a dwelling, utilizing a permanent frame, built off-site at a manufacturing facility, and transported in one or more sections on a permanent chassis to a final destination, and established with or without a permanent foundation. Commonly referred to as 'on-frame manufactured housing', these structures are built to a building code administered by the Federal Government's Department of Housing and Urban Development (HUD).
Mobile home park
means a unified development of two or more mobile home spaces for rent or lease arranged on a tract of land.
Modular home
means a structure designed as a dwelling, constructed in multiple sections off-site without any structural frame, transported to a permanent location where it is assembled on-site into a single building on a traditional foundation. Commonly referred to as 'off-frame manufactured housing', these structures are built to the International Code Council's Residential Building Code.
Municipal authority
means the entity responsible for approving plats or plans governed by this chapter. The planning and zoning commission is responsible for approving concept plans, preliminary plats, final plats, and amending plats. The city council is responsible for approving amending plats. City staff, as further specified in this chapter, is responsible for approving minor plats and short form subdivisions. The city engineer is responsible for approving construction plans.
Municipal utility easement
means an interest in land (easement) granted to the city, for installing and maintaining city-owned and other public or private utilities across, over or under private land. On a case-by-case basis, a municipal utility easement may also be a public access easement.
Off-frame construction
means a pre-fabricated structure that is transported to a site, fully assembled or in individual components, which does not utilize the structural components used for its transportation in its final assembly on site.
On-frame construction
means a structure whose componentry incorporates a structural, load-bearing frame or similar supporting materials used both in the transport of the pre-fabricated structure to its final location, and permanent incorporation in the structure once established.
Owner.
See Subdivider.
Parkway
means that portion of the right-of-way between the curb and the right-of-way line.
Person
means any individual, association, firm, corporation, governmental agency, political subdivision or other legal entity.
Plan, comprehensive,
means the comprehensive plan of the city and adjoining areas adopted by the planning and zoning commission and approved by the council, including all its revisions. The plan indicates the general locations recommended for various land uses, transportation routes, public and private buildings, streets, parks, and other public and private developments and improvements, to include detailed plans for water, sewer, etc.
Plan, concept,
means a rough concept map of a proposed subdivision with sufficient accuracy to be used for the purpose of discussion, classification, and comment.
Plan, transportation master,
means the transportation master plan of the city approved by the city council as amended from time to time. The transportation master plan shall include a similarly-entitled plan that sets forth the planned transportation network for the city, and may include pedestrian transportation networks.
Plan or plat.
The phrase "plan or plat" or "plat or plan" when used in this chapter refers to preliminary plats, construction plans, final plats, minor plats, short form subdivisions, and amending plats, and includes replats. Specifically, the term "plan" refers to concept plan and construction plans and the term "plat" refers to preliminary plats, final plat, minor plats, short form subdivisions, or amending plats, and includes replats.
Plan or plat package
means and includes all drawings, instruments, written specifications, reports, test results, covenants, and other similar items required in this chapter.
Plan, preliminary (or plat, preliminary)
means a preliminary plan indicating the proposed layout of a subdivision that is submitted to the review authority for consideration and preliminary approval.
Planned development
means a development provided for by chapter 53, pertaining to zoning wherein certain yards, areas and related standards may be varied and a variety of land uses associated on a tract, the plan of which is subject to approval by the planning and zoning commission and council.
Planning and zoning commission
means the duly designated planning commission of the city acting as the planning and zoning commission having responsibilities as delegated by the city council including, but not limited to, land use review concerning comprehensive planning, zoning, and subdivision of land.
Plat
means a map representing a tract of land, showing the boundaries and location of individual properties and streets.
Plat drawing
means a drawing or drawings depicting the proposed subdivision layout itself, along with associated certifications, dedications and related notations.
Plat, final,
means the final map of all or a portion of a subdivision, which is presented to the proper review authority for final approval.
Predesign conference
means a conference between a developer and the city planning staff, held prior to application for approval of a plat, for the purposes of exchanging information and identifying potential problems with a proposed development.
Replatting
means the alteration of any part or all of any lot, block or tract of a previously platted subdivision.
Residential lane
means a street which, by its design, discourages through traffic and which may afford the only vehicular access to lots abutting thereon, which lots shall be restricted to residential use as set forth for only certain zoning districts in chapter 53, as amended, pertaining to zoning.
Resubmittal application
means the application for a plan or plat resubmitted to the city following the disapproval or conditional approval of the original application or a resubmittal application that satisfies each condition of a conditional approval or remedies the reasons for disapproval.
Resubmittal date
means the date that a resubmittal application is determined to be complete and is accepted for review by the city.
Site built
means the construction of a structure from individual materials, occurring at the structure's final location, as opposed to pre-manufactured modules or sections that are affixed to one another at the final location, or a finished structure being transported and installed at a final location.
Staff or city staff
means the employees, and the professionals providing services to the city, authorized or permitted by the council to undertake any duty or to provide any review, work or service contemplated by the terms of this chapter to be undertaken by city personnel.
Standard approval procedure
means the procedure for review, processing and approval of plans or plats set forth in this chapter other than the alternative review procedure.
Street
means a public right-of-way, however designated, which serves one or more of the following purposes:
(1) 
Major thoroughfare, arterial street or expressway.
A major thoroughfare, arterial street or expressway primarily provides vehicular circulation to various sections of the city.
(2) 
Collector street.
A collector street primarily provides circulation within neighborhoods, to carry traffic from local streets to arterial or major thoroughfare streets, or to carry traffic through or adjacent to commercial or industrial areas.
(3) 
Marginal access.
A marginal access or frontage street is a street, which is parallel to and adjacent to an arterial street and primarily provides access to properties abutting these types of streets.
(4) 
Local street.
A local street is a street designed primarily for access to abutting residential property. A local street does not include roadways that carry through traffic, but will generally be intersected frequently by collector streets.
Street width
means that distance from back of curb to back of curb.
Subdivider
means any person, or agent thereof, dividing or proposing to divide land so as to constitute a subdivision, as defined herein. 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 divided.
Subdivision
means a division, a redivision, or combination of any tract of land, situated within the corporate limits of the city or within its extraterritorial jurisdiction, into one or more lots, sites, tracts, parcels, and/or parts for the purpose of development, laying out any addition to the city, or for laying out suburban lots or building lots, or any lots, and streets, alley, access easements, public utility easements, or parks or other portions intended for public use or the use of purchasers, renters, leasees, occupants, persons, entities, or owners of lots fronting thereon or adjacent thereto. The term "subdivision" does not include divisions of land in parcels of five acres or more, unless any such division of five acres or more includes the planning or development of a new street or access easement, or public utility easement.
Surveyor
means a registered professional land surveyor authorized by state statute to practice the profession of surveying.
Utility easement
means an interest in land granted to the city, the public generally or to a private corporation, for installing and maintaining utilities across, over or under private land.
(b) 
Words and terms not expressly defined herein are to be construed in accordance with customary usage in municipal planning and engineering practices.
(Ordinance 296, art. I, § 3, adopted 10/1/1996; Ordinance 439, art, I, § 3, adopted 11/24/2003; Ordinance 985, § 2(Exh. A), adopted 2/20/2018; Ordinance 990, § 2(Exh. A), adopted 3/20/2018; Ordinance 1049, § 2, adopted 9/3/2019; Ordinance 1155, § 2, adopted 7/20/2021; Ordinance 1182, §§ 1, 2(Exh. A), adopted 2/2/2022)
(a) 
This chapter is adopted by the city pursuant to the police powers of general law cities, and under authority of the Constitution and general laws of the state including, but not limited to, V.T.C.A., Local Government Code § 212.001 et seq.
(b) 
In accordance with the city's police powers and authority, and as specifically authorized by V.T.C.A., Local Government Code § 212.001 et seq., and other applicable laws, the planning and zoning commission and the city council, as a condition of subdivision plat or replat approval, may require the owners and developers of land who desire to subdivide, plat or replat land for urban development, to provide for building setback lines, to dedicate streets, alleys, parks, easements or other public places or facilities of adequate width and size and to coordinate street layouts and street planning with the comprehensive plan, transportation master plan, with other plans and ordinances of the City of Kyle, with other municipalities, and with county, state and federally designated highways, as they may deem best in the interest of the general public.
(Ordinance 296, art. I, § 1, adopted 10/1/1996; Ordinance 439, art. I, § 1, adopted 11/24/2003; Ordinance 1155, § 3, adopted 7/20/2021)
The purpose of this chapter is to provide for orderly, safe and healthful development to promote the health, safety and general welfare of the community. From and after the passage of the ordinance from which this chapter is derived, all plats and subdivisions of land within the corporate limits of the city, and all plats and subdivisions of land outside the corporate limits of the city that the councilmembers may be petitioned to include within the corporate limits of the city by an extension of said corporate limits, and all tracts within the city's extraterritorial jurisdiction shall conform to the rules and regulations of this chapter.
(Ordinance 296, art. I, § 2, adopted 10/1/1996; Ordinance 439, art. I, § 2, adopted 11/24/2003)
(a) 
The provisions of this section, including design standards and improvement requirements, shall, except as specifically provided otherwise in this section, apply to all subdivisions of land within the jurisdiction of the city, including but not limited to the following forms of land subdivision and development activity:
(1) 
The division of land into two or more tracts, lots, sites, parts, or parcels, any part of which shall contain less than five acres in area when subdivided;
(2) 
The division of land into two or more tracts, lots, sites or parcels, any part of which when subdivided shall contain five acres or more in area and will require the dedication or conveyance of any access, public right-of-way, easement, or any public improvement;
(3) 
Land previously subdivided or platted into tracts, lots, sites or parcels, which subdivision was subject to, but not in accordance with, city or county ordinances in effect at the time of such subdividing or platting;
(4) 
The combining of two or more contiguous tracts, lots, sites or parcels for the purpose of creating one or more legal lots;
(5) 
The platting of any existing legal deed-divided unplatted lot, parcel, site or tract;
(6) 
The voluntary platting and recording of a subdivision plat dividing any land within the jurisdiction of the city into lots, parcels, sites or tracts, or
(7) 
Any plat having received approval from the commission or the council for which said approval has expired.
(8) 
The dedication of any street or alley through any tract of land, regardless of the area involved.
(9) 
The construction or proposed construction of a building or structure across a property line.
(b) 
This chapter shall be applied to and govern all applications for subdivision approval made after the effective date of the ordinance from which this chapter is derived.
(c) 
This chapter shall be applied and administered in coordination with all other applicable ordinances, codes, development and standards and regulations. The provisions hereof shall also be applied and administered in conjunction with the adopted comprehensive plan, the adopted transportation master plan, the adopted water and sewer plan and all other such official plans.
(Ordinance 296, art. I, § 4, adopted 10/1/1996; Ordinance 439, art. I, § 4, adopted 11/24/2003; Ordinance 990, § 2(Exh. A), adopted 3/20/2018; Ordinance 1155, § 4, adopted 7/20/2021)
All subdivisions shall comply with all ordinances applicable to drainage and the prevention of floods, including, but not limited to, chapter 17, article II, pertaining to flood hazard area regulations.
(Ordinance 296, art. I, § 5, adopted 10/1/1996; Ordinance 439, art. I, § 5, adopted 11/24/2003)
This chapter shall apply to any proposed subdivision submitted for approval prior to the effective date of the ordinance from which this chapter is derived, but which the owner or developer suffers or permits an approved concept plant, preliminary plat or final plat for the subdivision to expire under the terms and conditions of the prior applicable subdivision ordinance. All subdivision plats submitted for approval prior to the effective date of the ordinance from which this chapter is derived shall, except as provided in the preceding sentence, comply with the provisions of the preexisting Ordinance Nos. 137 and 149, as applicable. Provided further by resolution of the council, after recommendation by the planning and zoning commission, the time for recording the final plat of a previously approved subdivision may be extended an additional 90 days upon demonstration of good cause by the owner or developer of the subdivision. Save and except the terms and provisions of this chapter for vacating, amending, correcting or altering a recorded subdivision plat, this chapter shall not apply to a subdivision for which a final plat was approved and recorded under a previous city ordinance from 1965 to the effective date of the ordinance from which this chapter is derived.
(Ordinance 296, art. I, § 6, adopted 10/1/1996; Ordinance 439, art. I, § 6, adopted 11/24/2003)
Unless an existing subdivision has obtained approval and recorded a final plat or unless such subdivision has obtained a resolution, as described in section 41-6, and said exception is adopted and filed of record, no building, repair, plumbing or electrical permit shall be issued by the city for any structure on a lot, tract or parcel of land in the subdivision; provided, however, in the case of the granting of an exception, such permit shall be issued in accordance with the specific requirements of the exception as set forth in the resolution.
(Ordinance 296, art. I, § 7, adopted 10/1/1996; Ordinance 439, art. I, § 7, adopted 11/24/2003)
The city shall not repair, maintain, install or provide any streets or public utility services in any subdivision unless a resolution has been adopted and filed of record pursuant to section 41-6 or a final plat has been adopted and filed of record in accordance with the requirements of this chapter; provided, however, in case an exception has been granted, the repairs, maintenance, installation and provision of streets or public utility services shall be in accordance with the specific requirements of that exception as set forth in the resolution.
(Ordinance 296, art. I, § 8, adopted 10/1/1996; Ordinance 439, art. I, § 8, adopted 11/24/2003)
(a) 
The city shall not sell or supply any water or wastewater services to or within any subdivision platted after the date hereof, for which a final plat has not been approved and filed of record unless a resolution has been adopted and filed of record pursuant to section 41-6; provided, however, in case an exception has been granted, the city shall sell and supply water or wastewater services in accordance with the specific requirements of that exception as set forth in the resolution.
(b) 
No water and/or wastewater connection shall be made by the city until the requirements as to the installation of water and wastewater mains have been complied with within the block facing the street on which the property is situated. This includes satisfactory testing of lines serving the property for which a connection request is made.
(Ordinance 296, art. I, § 9, adopted 10/1/1996; Ordinance 439, art. I, § 9, adopted 11/24/2003)
(a) 
It is the expressed intent of this chapter that all sections and parts should be complied with, except in those instances when the provisions of this section are applicable. It is further the intent of this chapter that the granting of an exception to this chapter (i.e., a variance from the requirements hereof) shall not be a substitute for the amending of this chapter.
(b) 
The planning and zoning commission may recommend to the council that an exception from these regulations be granted when, in its opinion, undue hardship will result from requiring strict compliance. In considering, recommending and granting an exception, either the planning and zoning commission or the council shall prescribe such conditions that it deems necessary or desirable in the public interest. In making the findings required in subsection (c) of this section, both bodies shall take into account, at least, the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such exception upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity.
(c) 
No exception shall be granted unless the following conditions are met:
(1) 
That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would have a substantial adverse impact on the applicant's reasonable use of his land;
(2) 
That the granting of the exception will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and
(3) 
That the granting of the exception will not have the effect of preventing the orderly subdividing of other land in the area in accordance with the provisions of this chapter.
(d) 
Such findings of the planning and zoning commission and council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the meeting at which such exception is recommended and granted.
(e) 
Exceptions may be granted only when in harmony with the general purpose and intent of this chapter so that the public health, safety and welfare may be secured and substantial justice served.
(Ordinance 296, art. I, § 10, adopted 10/1/1996; Ordinance 439, art. I, § 10, adopted 11/24/2003)
In any case where a final plat has not been approved or recorded but an exception has been obtained upon recommendation of the planning and zoning commission and a resolution of the council, the subdivision must comply with all conditions and requirements of the exception where these vary with this chapter. In all other instances, the subdivision shall comply with the requirements of this chapter. Unless the subdivision fully complies with the conditions set forth in this section, the city shall not issue the permits, repair, maintain, install or provide streets or public utility services to the subdivision.
(Ordinance 296, art. I, § 11, adopted 10/1/1996; Ordinance 439, art. I, § 11, adopted 11/24/2003)
No person shall create a subdivision, as herein defined, without complying with the provisions of this chapter. All plats and subdivision of any land shall conform to state and federal laws and applicable city ordinances.
(Ordinance 296, art. I, § 12, adopted 10/1/1996; Ordinance 439, art. I, § 12, adopted 11/24/2003)
The city attorney shall institute appropriate action in a court of competent jurisdiction to enforce the provisions of this chapter, or the standards referred to herein, with respect to any violation thereof, which occurs within any area subject to all or a part of the provisions of this chapter.
(Ordinance 296, art. I, § 13, adopted 10/1/1996; Ordinance 439, art. I, § 13, adopted 11/24/2003)
No improvements to be accepted by the city for ownership, maintenance and operation shall be accepted; no building permit shall be issued for any new structure or change, improvement or alteration of any existing structure, on any lot or tract of land; no site development permit shall be issued for any lot or tract of land; and no municipal utility service will be furnished to such lot or tract which does not comply with the provisions of this chapter and all applicable provisions of the city's Code of Ordinances, except as herein exempted or specifically exempted by the city council or upon the written application and approval of a variance. Every official and employee of the city vested with the duty or authority to issue an approval, permit or certificate shall not issue an approval, permit or certificate for any application, plan, plat, use, building, improvement, or purpose that conflicts with any provision of this chapter. Any approval, permit, or certificate issued in conflict with the provisions of this chapter shall be null and void.
(Ordinance 1049, § 5, adopted 9/3/2019)