CHAPTER 42 DEFINITIONS

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As used in this chapter, the following terms shall have the meanings ascribed in this section unless the context of their usage clearly indicates another meaning:

Abutting development shall mean a development located on property not in use for or restricted to single-family residential use or multi-unit residential use that is either directly abutting or within 30 feet of property that is in use for or restricted to single-family residential use or multi-unit residential use.

Alley shall mean a public or private right-of-way that is not used primarily for through traffic and that provides vehicular access to rear entrances to buildings or properties that front on an adjacent street.

Amending plat shall mean an amending subdivision plat prepared and approved under the applicable provisions of chapter 212 and this chapter.

Applicant means the owner of property or the owner's authorized agent who applies for approval of a plat or plan as required by this chapter.

Arcade/colonnade shall mean a series of arches or columns with a roof attached to the face of a building creating an unenclosed covered pedestrian space.

Back-of-curb means the lateral line of a roadway measured from the back of the roadway's curb nearest the property line.

Bicycle space has the meaning ascribed in section 26-472 of this Code.

Block shall mean one or more lots, tracts or parcels of land bounded by streets, easements, rights-of-way or other physical features or a combination thereof.

Blockface shall mean that portion of a block that abuts a street between two intersecting streets, or between an intersecting street and the termination of the street. A street shall be considered to terminate at the intersection of a railroad or a drainage channel required by a governmental entity with flood control jurisdiction, except for purposes of the intersection spacing requirements of this chapter.

Buffer area shall mean the area required by division 8 of article III of this chapter, measured from the property line of lots or tracts in use for or restricted to single-family residential use or multi-unit residential use.

Building shall mean any structure used or intended for supporting or sheltering any use or occupancy.

Building line shall mean the line shown on a subdivision plat or development plat establishing the building line requirement. An area is within the building line if it lies between the building line and the property line adjacent to a street or private street and is behind the building line if it lies to the interior of the property from the building line.

Building line requirement shall mean the minimum required distance from an easement or a property line adjacent to a street or private street in which no improvements requiring a building permit can be constructed on the property.

Building permit shall mean an official document or certificate issued by the building official authorizing performance of a specified activity under the Construction Code.

Business day shall mean any day of the week except for Saturday, Sunday, any legal holiday, or any other day on which city offices are closed.

Central business district shall mean the area beginning at the intersection of the centerline of U.S. 59 and the centerline of I.H. 45; thence in a northwesterly and northerly direction along the centerline of I.H. 45 to its intersection with the centerline of I.H. 10; thence in an easterly direction along the centerline of I.H. 10 to its intersection with the centerline of U.S. 59; thence in a southwesterly direction along the centerline of U.S. 59 to its intersection with I.H. 45, the point of beginning.

Chapter 212 shall mean Chapter 212 of the Texas Local Government Code, as it may be amended from time to time.

Class I plat shall mean a subdivision plat that meets the applicable requirements of section 42-23 of this Code.

Class II plat shall mean a subdivision plat that meets the applicable requirements of section 42-23 of this Code.

Class III plat shall mean a subdivision plat that is not a Class I plat or a Class II plat.

Clear pedestrian space or clear space means that area above a sidewalk that forms a continuous, obstacle free path for a minimum width of six feet and a minimum height of seven and one-half feet.

Collector street shall mean a public street that is not a major thoroughfare or a local street, but that distributes traffic between major thoroughfares and other streets.

Commission shall mean the planning commission of the city.

Compensating open space shall mean one or more areas designated as common open space on a subdivision plat or a development plat that are used to reduce the minimum lot size requirements pursuant to the provisions of article III of this chapter.

Courtyard shall mean a space, open and unobstructed to the sky, located at or above grade level on a lot or parcel and bounded on two or more sides by walls of a building.

Cul-de-sac shall mean a street with only one outlet that terminates in a vehicular turnaround appropriate for the safe and convenient reversal of traffic movement.

Department shall mean the department of planning and development of the city.

Design manual shall mean the Houston Public Works Infrastructure Design Manual, as it may be amended from time to time.

Develop/development shall mean any activity for which a development plat is required by this chapter.

Development plat shall mean a site plan prepared and approved pursuant to section 42-22 of this Code.

Director shall mean the director of the department or the director's designees.

Director of solid waste means the director of the department of solid waste management or his designee.

Dwelling unit shall mean a structure, or a portion of a structure, that has independent living facilities including provisions for nontransient sleeping, cooking and sanitation.

Extraterritorial jurisdiction shall mean the unincorporated territory extending beyond the corporate boundaries of the city established pursuant to chapter 42 of the Texas Local Government Code, as may be amended from time to time.

Façade means the exterior wall of any building on a property that faces a public street abutting the property.

Filing date shall mean the date on which a subdivision plat is formally presented to the commission for its consideration as part of the commission's official meeting agenda, which shall be considered as the initial date of the statutory 30-day time period in which the commission is required to act upon a subdivision plat submitted to it under the provisions of chapter 212.

Fire lane shall mean an access road so marked as to clearly indicate the required lane of unobstructed fire department access to a building, structure or property in event of a fire or other emergency situation.

Final plat shall mean a map or drawing of a proposed subdivision prepared in a manner suitable for recording in the appropriate county map, plat or real property records and prepared in conformity with the requirements of article II of this chapter.

Flag lot shall mean a lot whose frontage on and access to the street right-of-way is provided by a narrow driveway, access easement or other parcel of land referred to as the "staff" of the flag lot.

Frontage shall mean that portion of any lot or tract that abuts a street. A lot or tract abutting more than one street shall have frontage on only one street, which shall be deemed to be the side of the lot or tract with the shortest dimension unless otherwise indicated on the subdivision plat or development plat.

General plan shall mean a map illustrating the general design features and street layout of a proposed development of land that is to be subdivided and platted in sections.

Gross floor area or GFA has the meaning ascribed in section 26-472 of this Code.

Ground floor façade means the façade of a building along a transit-oriented development street or walkable places street, as applicable, between the finished floor height of the ground floor and a vertical height of eight feet.

Hardscape means a walkable surface made of durable materials, including paving or asphalt.

High-rise shall mean a structure greater than 75 feet in height measured from grade to the finished floor of the highest habitable floor, or to the highest floor of a parking garage.

Local street shall mean a type 1 permanent access easement and a public street that is not a major thoroughfare or collector street.

Lot shall mean: 

(1) in the context of a subdivision plat, an undivided tract of land intended for single-family residential use contained within a block and designated on a subdivision plat by numerical identification; 

(2) in the context of a development plat, a parcel intended as an undivided unit for the purpose of development; or 

(3) in the context of the provisions of this chapter pertaining to special minimum building line blocks, special minimum lot size blocks, and special minimum lot size areas, contiguous land under common ownership, as shown on the most current appraisal district records, that is used or developed for any use, regardless of whether the land consists of a platted lot or a portion of a platted lot or a combination thereof. Two or more platted lots that have been combined in their entireties as a single building site shall not constitute a single lot under item (3) of this definition.

Major Activity Center or MAC shall mean an area so designated by city council pursuant to section 42-273 of this Code.

Major thoroughfare shall mean a public street designated as a principal thoroughfare or thoroughfare on the latest edition of the major thoroughfare and freeway plan.

Major thoroughfare and freeway plan shall mean the latest edition of the major thoroughfare and freeway plan adopted by the commission and approved by the city council.

Mid-rise shall mean a structure 65 feet or greater measured from grade to the top of structure but less than a high-rise as defined in this chapter.

Multi-family residential shall mean the use of property with one or more buildings on a parcel designed for and containing an aggregate of three or more dwelling units. Multi-family residential includes apartments, condominiums, triplexes and quadriplexes.

Multi-unit residential (MUR) shall mean the use of property for one or more buildings on a tract designed for and containing an aggregate of three to eight dwelling units, which may include multiple duplexes, triplexes, quadraplexes, and apartments and condominiums.

Nonresidential shall mean any use that is not multi-family residential or single-family residential.

Occupiable space has the meaning ascribed in the construction code.

Off-street parking shall mean vehicular parking that is provided in a location other than in a public right-of-way.

Open space amenities plan shall mean a plan submitted as part of a subdivision plat application that specifies how each area not otherwise eligible to be used as compensating open space will be improved and maintained with amenities such as parks, nature trails, picnic areas or other similar facilities that render the compensating open space accessible to and useable by the owners of lots in the subdivision.

Parcel shall mean any quantity of land capable of being described with such definiteness that its location and boundaries can be established that is designated by its owner as land to be used or developed as a unit or that has been used or developed as a unit. Parcel includes an easement supporting or related to a primary parcel, and a condominium unit.

Park shall mean an area owned or to be owned by the city that may be used for passive or active recreational use or otherwise left in an unimproved state, and that, if specifically noted as a type of public park, shall conform to the designations in the City of Houston Parks Master Plan.

Parks board shall mean the board created pursuant to section 33-201 of this Code.

Parks director shall mean the director of the city's parks and recreation department, or the director's designee.

Pedestrian realm means the area from the back-of-curb or the edge of the roadway on a street without curbs, to the front of a building on the lot or tract. This pedestrian realm area may be within either a dedicated public right-of-way or within designated pedestrian areas on private property, for which an easement granting public use has been filed of record in the County real property records. This pedestrian realm area may include hardscape, publicly accessible and unobstructed sidewalks, pedestrian amenities, softscape and utilities, all constructed in accordance with the city infrastructure design manual, this article and other applicable regulations.

Permanent access easement shall mean a privately maintained and owned street easement approved by the commission that provides for vehicular access to three or more single-family residential units and which shall be either a Type 1 permanent access easement or a Type 2 permanent access easement, each of which is defined in this section.

Permeable shall mean a surface that allows water to pass through it and penetrate into the ground.

Plat restriction shall mean any covenants, restrictions, or plat notations that are contained only on a subdivision plat recorded in the real property records without reference in any dedicatory instrument recorded in the real property records separately from the subdivision plat. Plat restrictions do not include (1) building lines, (2) lot lines, or (3) covenants, restrictions, and notations on a recorded subdivision plat of a multi-family residential development relating to the requirements and standards of division 6 of article III of this chapter.

Preliminary plat shall mean a map or drawing of a proposed subdivision that illustrates the proposed layout and features of the subdivision submitted to the commission for review and approval, but not suitable for recording in the county map, plat or real property records.

Primary street means a street designated as a primary walkable places street on the walkable places plan or a primary transit-oriented development street on the transit-oriented development plan.

Private drive shall mean a privately owned way used for vehicular travel that is not a street or private street and that provides an unobstructed connection between one or more streets or private streets or to any portion of a parking lot, shopping center, institution, commercial area or industrial development. A private drive may provide for access by the general public, but the owner of the private drive shall maintain the right to restrict public access to the private drive.

Private park shall mean a privately owned area that may be used for passive or active recreational use or otherwise left in an undeveloped state and, in a single family residential development, that is subject to restrictive covenants filed of record in the appropriate county providing for the creation and operation of a homeowners association to maintain and improve the private park. Compensating open space as defined by this section can also be private park land to the extent it meets the requirements of section 42-254(b)(2)a of this Code.

Private roadway shall mean a privately owned and maintained vehicular accessway that provides access to a tract of land.

Private street shall mean a privately maintained and owned vehicular accessway that provides access from a public street to one or more multi-family residential buildings.

Public street shall mean a public right-of-way, however designated, dedicated or acquired, that provides access to adjacent property.

Recorded map return agreement shall mean a written agreement authorizing the county clerk of the county in which a subdivision plat is filed to return the original recorded subdivision plat to the department.

Remainder tract shall mean the undivided acreage tract that remains when a portion of a tract that is comprised of all contiguous land under common ownership is subdivided pursuant to a subdivision plat.

Replat shall mean a subdivision plat prepared, approved, and recorded under the applicable provisions of this chapter that is controlling over the previous plat or a portion of the previous plat without vacation of that plat.

Reserve tract shall mean a parcel of land that is not a lot, but is created within a subdivision plat for other than single-family residential use and is established to accommodate some purpose for which a division into lots is not suitable or appropriate.

Residential shall mean pertaining to the use of land for premises that contain habitable rooms for nontransient occupancy and that are designed primarily for living, sleeping, cooking and eating therein. A premises that is designed primarily for living, sleeping, cooking and eating therein will be deemed to be residential in character unless it is actually occupied and used exclusively for other purposes. Hotels, suites hotels, motels, boarding houses, and day care centers shall not be considered to be residential.

Retail commercial center means one or more commercial establishments contained or to be contained in a building or buildings encompassing a total building area of not more than 100,000 square feet developed as an integrated unit under common ownership or operating as an integrated unit under reciprocal agreements governing all external, nonbuilding space.

Reverse curve shall mean a curve composed of two curves turning in opposite directions.

Roadway means the portion of a public street that is improved for, designed for, or ordinarily used for vehicular use.

Secondary street means a street designated as a secondary walkable places street on the walkable places plan or a secondary transit-oriented development street on the transit-oriented development plan.

Sector means a geographic area within the city as shown in the City of Houston Parks Master Plan for designation of new park needs or additional park improvements.

Shared driveway shall mean a private roadway that is not an extension of any street or private roadway and provides access to two or more single-family residential lots through appropriate cross-access easements.

Sidewalk has the meaning ascribed in section 40-551 of this Code.

Single-family residential shall mean the use of a lot with one building designed for and containing not more than two separate units with facilities for living, sleeping, cooking and eating therein. A lot upon which is located a free-standing building containing one dwelling unit and a detached secondary dwelling unit of not more than 900 square feet also shall be considered single-family residential. A building that contains one dwelling unit on one lot that is connected by a party wall to another building containing one dwelling unit on an adjacent lot shall be single-family residential.

Softscape means the horticultural elements of a landscape, including grass, ground cover, hedges, plantings, shrubs, soil, and vines.

Solid waste collection plan means a plan that is filed with a single-family subdivision plat application for property located within the city that includes the following provisions to allow (i) the collection of solid waste without hindrance or obstruction of any adjacent public street, (ii) the frequency of solid waste collection as necessary to avoid a health hazard caused by the accumulation of solid waste, (iii) heavy trash removal, (iv) one or more sites for the placement of trash cans to serve all units within the subdivision without infringing on any required open space or parking areas required by this chapter, and (v) whether the city or another provider is expected to provide service.

Special exception shall mean a commission-approved adjustment to a requirement of article III of this chapter that is issued under section 42-82 of this Code.

Special minimum building line block means the area subject to a minimum building line requirement pursuant to subdivision B of division 3 of article III of this chapter that is composed of not less than one blockface and not more than two opposing blockfaces.

Special minimum lot size area means the area subject to a minimum lot size requirement pursuant to subdivision B of division 4 of article III of this chapter that is composed of not less than five contiguous blockfaces and not more than 500 lots within the same subdivision plat or not more than 400 lots within two or more contiguous subdivision plats.

Special minimum lot size block means the area subject to a minimum lot size requirement pursuant to subdivision B of division 4 of article III of this chapter that is composed of not less than one blockface and not more than two opposing blockfaces.

Street shall mean a public street or a permanent access easement.

Street dedication plat shall mean a plat that illustrates only the location and right-of-way of one or more public streets to be dedicated by the street dedication plat.

Street width exception area shall mean an area so designated by or pursuant to section 42-123 of this Code.

Subdivide shall mean the act or process of creating a subdivision.

Subdivision shall mean the division of a tract of land, including a lot, into two or more parts to lay out a subdivision of the tract, to lay out suburban, building or other lots, or to lay out streets, alleys, squares, parks or other parts of the tract intended to be dedicated to public use or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks or other parts, regardless of whether the division is made by a metes and bounds description in a deed of conveyance or in a contract for deed, by using a contract of sale or other executory contract to convey or by using any other method. A subdivision does not include a division of land into parts greater than five acres, where each part has access to a public street and no public improvement is required to be dedicated. A subdivision includes a replat.

Subdivision plat shall mean (1) a map or plan prepared and approved pursuant to the applicable provisions of division II of this chapter showing the proposed subdivision of land or (2) an instrument recorded in the map, plat or real property records of the appropriate county showing the previous subdivision of property. A subdivision plat includes a replat, an amending plat and a vacating plat.

Title report shall mean a current report, commitment, opinion or title policy that: (1) is prepared and executed by a title company authorized and in good standing to do business in the State of Texas or by an attorney licensed in the State of Texas; (2) provides a legal description of the property proposed to be subdivided or developed; (3) identifies the owner and lienholder of the property subject to the subdivision plat or development plat and the recording information of each instrument by which each owner or lienholder acquired its respective interest; and (4) describes all encumbrances of record that affect the property and the recording information of each instrument by which each encumbrance was established. A title report shall be current if it certifies that the records were examined not more than 30 days from the date of the application to which it applies. For purposes of a replat, a title report shall also include information regarding any deed restrictions applicable to the property or reflect that no deed restrictions apply.

Tract shall mean a parcel.

Transit corridor street has the meaning ascribed in section 33-351 of this Code.

Transit station means a passenger loading or unloading facility of a route for a guided rapid transit or fixed guideway transit system owned and operated by the Metropolitan Transit Authority of Harris County, Texas (METRO). The term does not include the stations of a public bus system.

Type 1 permanent access easement shall mean a permanent access easement at least 50 feet in width that is designed and constructed like a public street in accordance with the design manual and contains one or more public utilities in an unpaved portion of the easement.

Type 2 permanent access easement shall mean a permanent access easement at least 28 feet in width that is designed and constructed like a private street serving a development that has no public utilities other than a public water line connected only to one or more fire hydrants that provides no domestic water services.

Type A street means a public street that intersects a transit corridor street and that abuts a blockface that is located within 1,320 feet walking distance of the end of an existing or proposed transit station platform.

Utility district shall mean a conservation and reclamation district organized under Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution, the creation or enlargement of which requires the consent of the city.

Vacating plat shall mean a vacating plat prepared and approved under the applicable provisions of chapter 212.

Variance shall mean a commission-approved deviation from the requirements of this chapter issued under section 42-81 of this Code.