§ 18-2. Definitions.

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this section. Definitions not expressly prescribed herein are to be determined according with customary usage in municipal planning and engineering practices.

Alley: A minor public right-of-way which provides a secondary means of vehicular access to abutting property and which is used primarily for vehicular traffic to the rear or side of properties which otherwise abut on a "public street" as that term is defined herein.

Building setback line: A line on a plat generally parallel to the street right-of-way, indicating the limit beyond which buildings or structures may not be erected.

City of Diboll standards: The standards for streets and alleys, storm sewer lines and appurtenant structures, water lines and appurtenant structures, sanitary sewer lines and appurtenant structures, which have been adopted by the city council and which may be amended from time to time and are hereby referred to.

Commission: The planning and zoning commission of the City of Diboll, Texas.

Comprehensive plan: The officially adopted plan for the physical development of the City of Diboll, including any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.

Easement: A right granted for the purpose of limited public or semi-public use across, over or under private property for a specified purpose or purposes.

Lot: A physically undivided tract or parcel of land having frontage on a public street or other approved facility and which is, or in the future may be, offered for sale, conveyance, transfer or improvement; which is designated as a distinct and separate tract; and which is identified by a tract or lot number or symbol in a duly approved subdivision plat which has been properly recorded.

Lot depth: The length of a line connecting the midpoints of the front and rear lot lines.

Lot width: The length of a line (drawn perpendicular to the lot depth line) connecting the side lot lines.

Plat: A complete and exact subdivision plan submitted for preliminary or final approval to the commission in conformity with the provisions of this chapter and which, if given final approval, will be submitted to the County Clerk of Angelina County for recording. A replat or resubdivision of land or lots which are part of a previously recorded subdivision shall be considered a plat as defined herein.

Public street:

(1)

Any area, parcel or strip of land which provides primary vehicular access to adjacent property or land and provides general community circulation whether designated as a street, highway, freeway, thoroughfare, parkway, avenue, lane, boulevard, road, place, drive or however otherwise designated, or which is dedicated or granted for public street purposes.

(2)

The term "public street" shall include, but not be limited to, the following:

a.

Collector, secondary or major streets: Public streets so designated in the comprehensive plan which provides for the expeditious movement of vehicular traffic in the community.

b.

Cul-de-sac: A short street having but one opening or access to another public street and is terminated by a permanent vehicular turnaround.

c.

Dead-end: That portion of a public street that initially has only one opening or access to another public street and which will be extended at a later date.

d.

Minor street: Used primarily for access and circulation to abutting properties and which is intended to serve traffic within a limited area.

e.

Any area, strip or parcel of land which does or is intended to provide a direct connection or vehicular access of the public between two (2) public streets in the City of Diboll.

(3)

Notwithstanding the foregoing definitions, however, the following shall not be considered public streets within the purview of this chapter, namely:

a.

Any driveway designed or used principally to provide vehicular access to the outbuildings appurtenant to any principal building, or to provide vehicular access to delivery platforms or entrances of a building appropriate for the delivery thereto of goods or merchandise, and located wholly on private property.

b.

An area appurtenant to a store or a group of stores, a theater, a church or any similar establishment, designed or used primarily for a vehicular parking lot or vehicular parking facilities by customers, patrons or employees of the establishment or group of establishments in question.

c.

An entrance or roadway designed or used to provide either vehicular entrance to or communication or passage between the several units of a single industrial or commercial establishment or of a group of such establishments which are under common control or management; provided, that such industrial or commercial entranceway or roadway shall be considered a public street under the terms of this chapter if it has entrances upon two (2) or more public streets unless there are at each of such entrances gates, chains or watchmen that prevent all persons from using the same except those employed by or having business to conduct at such industrial or commercial establishments in question.

d.

An entrance or driveway designed or used to provide principal or primary vehicular access to an apartment building or a group of apartment buildings designed for multifamily occupancy and under one ownership. Such entrance or driveway shall not be used to provide public street access to adjacent areas.

Residential use: Single-family residential uses, two-family residential uses and multiple-family residential apartment or townhouse uses.

Screening device: A barrier of stone, brick, pierced brick or block, wood or other permanent material of equal character, density and acceptable design at least six (6) feet in height, where the solid area equals at least sixty-five (65) percent of the wall surface. Such device shall be continually maintained. The commission may approve a screening device composed of landscaping material where it can be shown that such planting will be installed and continually maintained in accordance with the intent of this chapter.

Shall, may: "Shall" is mandatory; "may" is permissive.

Subdivision: The division of any lot, tract or parcel of land into two (2) or more parts, lots, building lots or sites or building sites, for the purpose, whether immediate or future, of sale, rental or lease, or division ownership, and which may or may not include the dedication and laying out (or realignment) of new streets, roads, alleys, public easements, rights-of-way, highways or other public access ways. This definition also includes the resubdivision or replatting of land or lots which are part of a previously recorded subdivision. Divisions of land for agricultural purposes in parcels of five (5) acres or more and where no building construction is involved shall not be included within this definition of "subdivision," unless any such subdivision of five (5) acres or more includes the planning or development of a new street or access easement or realignment of an existing street. An "addition" is a subdivision as defined herein.

(Ord. of 1-19-81, Art. 2, §§ 1, 2, 4-6, 8-17)