§ 30-1-21. DEFINITIONS.

Unless a different definition is expressly provided, in this title:

(1)

AGRICULTURAL OPERATIONS means:

(a)

producing crops for human food, animal feed, planting seed, or fiber;

(b)

floriculture, viticulture, horticulture, or silviculture;

(c)

raising or keeping livestock or poultry;

(d)

wildlife management; and

(e)

planting cover crops or leaving land idle for the purpose of participating in any governmental program or normal crop or livestock rotation procedure.

(2)

APPROVAL means:

(a)

a final decision granting or approving an application; or

(b)

an approval granted subject to modifications or conditions.

(3)

ATTACHED, when used with reference to two or more buildings, means having one or more common walls or being joined by a covered porch, loggia, or passageway.

(4)

BLOCK means one or more lots, tracts, or parcels of land bounded by streets, railroads, or subdivision boundary lines.

(5)

BUILDING COVERAGE means the area of a lot covered by buildings or roofed areas, but excludes ground level paving, landscaping, open recreational facilities, incidental projecting eaves, balconies, and similar features.

(6)

BUILDING LINE means a line beyond which a building must be set back from the street line.

(7)

CENTRAL DISPATCHER means a person designated by the single office to perform the tasks provided in Section 30-1-352 (Inspection Requests).

(8)

CITY means the City of Austin, Texas.

(9)

CITY COUNCIL or COUNCIL means the city council of Austin, Texas.

(10)

COLLECTOR STREET means a street collecting traffic from other streets and serving as the most direct route to a thoroughfare.

(11)

COMMISSIONERS COURT means the commissioners court of Travis County, Texas.

(12)

COMMON AREA means an area held, designed, or designated for the common use of the owners or occupants of a townhouse project, planned unit development, apartment, condominium, mobile home park, or subdivision.

(13)

COMMON SIDE LOT LINE means a side lot line between two or more lots.

(14)

COMPREHENSIVE PLAN means the plan adopted by the city council in accordance with Article X, Section 5 (The Comprehensive Plan), of the City Charter.

(15)

CONDEMNATION includes a purchase or donation of property under the threat of condemnation, but excludes a dedication of property as a condition of zoning, subdivision, site plan, or building permit approval.

(16)

CONTRACTOR means a person employed by an owner to develop property.

(17)

CORNER LOT means a lot located at the intersection of two streets, or of two segments of a curved street, forming an angle of not more than 135 degrees.

(18)

COUNTY means Travis County, Texas.

(19)

CURB means a structure located along the edge of a roadway, normally constructed integrally with the gutter, that strengthens and protects the pavement edge and clearly defines the pavement edge.

(20)

DENIAL means a final decision denying an application.

(21)

DESIRED DEVELOPMENT ZONE means the area not within the drinking water protection zone.

(22)

DEVELOPMENT means the construction or reconstruction of a building or road; the placement of a structure on land; the excavation, mining, dredging, grading, or filling of land; the removal of vegetation from land; or the deposit of refuse or waste on land. Development does not include:

(a)

lawn and yard care, including mowing, gardening, tree care, and maintenance of landscaped areas;

(b)

removal of trees or vegetation damaged by natural forces;

(c)

removal of vegetation or cultivating the soil for agricultural operations, unless prohibited by Subsection 30-5-321(B) ( Clearing of Vegetation ); or

(d)

the repair, maintenance, or installation of a utility, drainage or street system that does not disturb land or increase impervious cover.

(23)

DIRECTOR, when used without a qualifier, means the director of the city's Watershed Protection And Development Review Department.

(24)

DOMINANT SIDE YARD, when used in reference to a small lot, means the side yard having the larger width.

(25)

DRINKING WATER PROTECTION ZONE means the areas within the Barton Springs Zone, the Barton Creek watershed, all water supply rural watersheds, and all water supply suburban watersheds, as described in Section 30-5-2 (Descriptions Of Regulated Areas), that are in the planning jurisdiction.

(26)

DRIVEWAY means a surfaced area providing vehicular access between a street and an off-street parking or loading area.

(27)

DRIVEWAY APPROACH means an area between the roadway and private property designed for and intended to provide vehicular access from the roadway to private property.

(28)

DWELLING UNIT means a residential unit other than a mobile home providing complete, independent living facilities including permanent provisions for living, sleeping, eating, and cooking.

(29)

EXECUTIVE MANAGER means the executive manager of the county's Transportation and Natural Resources Department.

(30)

FINAL PLAT or PLAT means a map or drawing of a subdivision that is intended for recordation in the official public records of the county after approval by the land use commission, the city council, or the commissioners court, as applicable.

(31)

FLAG LOT means a lot that abuts a street by means of a strip of land that does not comply with the requirements of this chapter for minimum lot width, is not less than 15 feet wide, and is used for access.

(32)

FRONT LOT LINE means:

(a)

for an interior lot, the lot line abutting the street;

(b)

for a corner lot, the lot line designated as the front lot line by a subdivision or parcel map, or, if none, the shorter lot line abutting a street;

(c)

for a through lot, the lot line abutting the street that provides the primary access to the lot; and

(d)

for a flag lot, the lot line designated as the front lot line by a subdivision or parcel map, or if none, the line determined by the single office to be the front lot line.

(33)

FRONT YARD means a yard extending the full width of a lot between the front lot line and the front setback line.

(34)

GROSS SITE AREA means the total site area.

(35)

GUTTER means a shallow water drainage area adjacent to a curb.

(36)

HEIGHT, when used in reference to a building, means the vertical distance from the average of the highest and lowest grades adjacent to the building to:

(a)

for a flat roof, the highest point of the coping;

(b)

for a mansard roof, the deck line;

(c)

for a pitched or hip roof, the average height of the highest gable; or

(d)

for other roof styles, the highest point of the building.

(37)

HILL COUNTRY ROADWAY means a roadway described in Section 30-3-141 (Hill Country Roadways and Corridors Identified).

(38)

HILL COUNTRY ROADWAY CORRIDOR means an area described in Section 30-3-141 (Hill Country Roadways and Corridors Identified).

(39)

INTERESTED PARTY means a person who meets the criteria established by Section 30-1-152 (Interested Parties).

(40)

INTERIOR LOT means a lot other than a corner lot.

(41)

INTERIOR LOT LINE means a lot line not abutting a street.

(42)

INTERIOR YARD means a yard, not adjacent to a street, that is determined on the basis of an interior lot line.

(43)

JOINT USE DRIVEWAY means a driveway located entirely on partially on a tract of land that is available for use by an adjoining tract of land as ingress or egress to a public street.

(44)

LAND USE COMMISSION means the Planning Commission or the Zoning and Platting Commission, as determined in accordance with City Code Section 25-1-46 (Land Use Commission).

(45)

LOCAL STREET means a street that serves traffic within a neighborhood or limited residential district, and which is not necessarily continuous through several residential districts.

(46)

LOT means:

(a)

a parcel of real property with a unique designation shown on a plat, record of survey, parcel map, or subdivision map recorded in the office of the county clerk; or

(b)

a parcel of real property established under zoning or subdivision regulations.

(47)

LOT LINE means a line or series of connected line segments bounding a lot.

(48)

MAINTENANCE EASEMENT, when used in reference to a small lot, means an easement granted by the owner of one lot to the owner of an adjoining lot for maintenance of a dwelling within five feet of a common side lot line.

(49)

MANAGING OFFICIAL means a person who acts on behalf of the city or the county to administer the Agreement On Subdivision Platting In The Extraterritorial Jurisdiction Between The City Of Austin And Travis County dated April 1, 2002, as amended. One managing official is appointed by the city, and one managing official is appointed by the county, in accordance with the agreement.

(50)

MUNICIPAL UTILITY DISTRICT means a district created under Chapters 50 and 54 of the Texas Water Code.

(51)

NEAR-TERM ANNEXATION AREA means an area in the city's extraterritorial jurisdiction that:

(a)

is included in the city's municipal annexation plan adopted in accordance with Subchapter C, Chapter 43, Local Government Code;

(b)

has been or is being annexed for limited purposes under Subchapter F, Chapter 43, Local Government Code, unless the date for full purpose annexation is postponed to a date more than three years after the date of limited purpose annexation in accordance with Local Government Code Section 43.127;

(c)

is the subject of an agreement to which the city and the county are parties and that provides assurances to the county for the design, construction, and maintenance of infrastructure, including infrastructure for transportation, floodplain management, or stormwater conveyance; or

(d)

is described on Appendix "A".

(52)

NEIGHBORHOOD ORGANIZATION means an association that has registered as a neighborhood organization.

(53)

NOTICE OWNER means the owner of real property as shown on the records of the tax appraisal district in the county in which the property is located.

(54)

PEDESTRIAN WAY means the portion of a street right-of-way not used for a roadway.

(55)

PLANNED UNIT DEVELOPMENT means land developed as a single unit under unified control.

(56)

PLANNING JURISDICTION means the city and its extraterritorial jurisdiction.

(57)

PLATTING BOARD means the land use commission or the commissioners court, as determined by Section 30-1-92 (Discretionary Authority).

(58)

PLATTING OFFICIAL means the director or the county executive, as determined by Section 30-1-92 (Discretionary Authority).

(59)

PRELIMINARY PLAN means a map or drawing of a proposed plat, intended for consideration by the land use commission, the city council, or the commissioners court, as applicable, in accordance with the requirements of this title.

(60)

PROPERTY means real property.

(61)

REAR LOT LINE means the lot line that does not intersect the front lot line, or that is determined in accordance with Section 30-1-22 (Measurements).

(62)

REAR YARD means a yard extending the full width of a lot between the rear lot line and the rear setback line, excluding any area located within the street side yard of a corner lot.

(63)

RECORD OWNER means the owner of real property as shown by the deed records of the county in which the property is located.

(64)

RELEASE means the written certification that a plat or subdivision construction plan has been approved, that the plat or construction plan complies with this title, and that the conditions of approval for the plat or construction plan have been satisfied.

(65)

REVISION means a change in an approved or released plan that is initiated by an applicant.

(66)

RIGHT-OF-WAY means land dedicated or reserved for streets, utilities, or other public facilities.

(67)

ROADWAY means the portion of a street right-of-way used for vehicular travel.

(68)

SETBACK LINE means a line within a lot parallel to and measured from a corresponding lot line, forming the boundary of a yard and governing the placement of structures and uses on the lot.

(69)

SIDE LOT LINE means a lot line intersecting the front lot line and extending a minimum distance of 75 feet.

(70)

SIDEWALK means the paved portion of a pedestrian way.

(71)

SIDE YARD means a yard extending the depth of a lot from the front yard to the rear lot line between the side lot line and the side setback line. For a corner lot, a street side yard is a yard that extends from the front yard to the rear lot line.

(72)

SINGLE OFFICE means the City of Austin - Travis County Single Subdivision Office.

(73)

SITE means a contiguous area intended for development, or the area on which a building has been proposed to be built or has been built. A site may not cross a public street or right-of-way.

(74)

SMALL LOT means a lot with an area of less than 5,750 square feet.

(75)

STAFF means a city or county employee, as applicable.

(76)

STREET YARD means a yard adjacent to a street and determined on the basis of a street lot line.

(77)

STRUCTURE means a building of any kind, or a piece of work artificially built-up or composed of parts joined together in a definite manner.

(78)

SUBDIVIDE means:

(a)

to divide land into two or more lots or sites for the purpose of sale or development;

(b)

to resubdivide an existing lot; or

(c)

to combine two or more lots into the same number or fewer lots with different boundaries.

(79)

SUBORDINATE SIDE YARD, when used in reference to a small lot, means the side yard having the smaller width.

(80)

THROUGH LOT means a lot, other than a corner lot, abutting more than one street.

(81)

TOWNHOUSE means a dwelling unit having a common wall with or abutting one or more adjoining dwelling units in a townhouse group.

(82)

TOWNHOUSE LOT means the portion of a townhouse development that is intended for separate ownership as the location of a single townhouse and associated private yard area.

(83)

TRANSPORTATION PLAN means the Capital Area Metropolitan Planning Organization long range transportation plan.

(84)

UPDATE means additional information, a preliminary plan, a final plat, or a subdivision construction plan submitted by an applicant in response to comments by a review entity.

(85)

USE EASEMENT, when used in reference to a small lot, means an easement granted by the owner of a small lot with the subordinate side yard to the owner of a small lot with a dominant side yard along the common lot line, and which allows the occupant of the dwelling unit on the lot having the dominant side yard the use, enjoyment, and privacy of the dominant side yard.

(86)

VARIANCE means a waiver of a provision of this title under Article 9, Division 3 (Variances).

(87)

WORKING DAY excludes a Saturday, Sunday, or an official city or county holiday.

(88)

YARD means an open space on a lot adjoining a lot line.

(89)

ZERO LOT LINE means a common lot line on which a wall of a structure may be constructed.

Source: City Code Section 25-1-25; Ord. 031211-11; Ord. 031211-42; Ord. 20120524-130; Ord. No. 20170615-102 , Pt. 33, 6-15-17.