The text
Sec. 98-1. - Purpose.#
(a)
The purpose of this chapter is to provide for the orderly, safe and healthful development in order to promote the health, safety, morals and general welfare of the community. From and after the passage of this chapter, 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 council 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 as outlined in this chapter.
(b)
The system of improvements for thoroughfares, water and wastewater services, other utilities, drainage, public facilities and community amenities determine in large measure the quality of life enjoyed by the residents of the community. Health, safety, economy, amenities, environmental sensitivity and convenience are all factors which influence and determine a community's quality of life and character. A community's quality of life is a public interest. Consequently, the development of land, as it affects a community's quality of life, is an activity whose regulation is a valid function of municipal government.
(c)
The provisions contained herein are designed and intended to encourage the development of a quality livable environment by establishing standards for the provision of open space, storm water drainage, transportation, public utilities and facilities, and other needs necessary for insuring the creation and continuance of a healthy, attractive, safe and efficient community that provides for the conservation, enhancement and protection of its human and natural resources. Through the application of this chapter, the interests of the public as well as those public and private parties, both present and future, having interest in property affected by these regulations are protected by the granting of certain rights and privileges.
(d)
This chapter is designed and intended to achieve the following purposes, and shall be administered so as to:
(1)
Assist orderly, efficient and coordinated development within the city's jurisdiction.
(2)
Provide for neighborhood conservation and prevent the development of slums and blight.
(3)
Harmoniously relate the development of the various tracts of land to the existing community and facilitate the future development of adjoining tracts.
(4)
Provide that the cost of improvements required as a condition of development approval for the tract of land being developed be borne by the owner or developers of the tract and not exceed the roughly proportionate impact of development.
(5)
Provide the best possible design for each tract being subdivided.
(6)
Provide the most attractive relationship between the land as developed and the circulation of traffic throughout the municipality, having particular regard to the avoidance of congestion in the streets and highways, and the pedestrian traffic movements appropriate to the proposed development and to provide for the proper location and width of streets and building lines.
(7)
Prevent pollution of the air, streams, and ponds; to assure the adequacy of drainage facilities; to safeguard both surface and groundwater supplies; and to encourage the wise use and management of natural resources throughout the municipality in order to preserve the integrity, stability, and beauty of the community and the value of the land.
(8)
Preserve the natural beauty and topography of the municipality and ensure appropriate development with regard to these natural features.
(9)
As appropriate, reconcile any differences of interest among the developer, other property owners and the city.
(10)
Establish adequate and accurate records of land subdivision.
(11)
Ensure that public or private facilities are available and will have a sufficient capacity to serve proposed subdivisions and developments within the city's jurisdiction.
(12)
Standardize the procedure and requirements for developing property and submitting plans for review and approval.
(13)
Protect and provide for the public health, safety and general welfare of the community.
(14)
Provide a healthy environment for the present and future citizens; an environment designed to reasonably secure safety from fire, flood and other dangers; and to provide that land be subdivided in a manner to attain such goals and benefits for the community.
(15)
Protect the character and the social and economic stability of all parts of the community and encourage the orderly and beneficial development of all parts of the community.
(16)
Protect and conserve the value of land throughout the community and the value of buildings and improvements upon the land.
(17)
Guide public and private policy and action in providing adequate and efficient transportation systems, public utilities, and other public amenities and facilities.
(18)
Encourage the development of a stable, prospering economic environment.
(e)
Certain minimum standards for land use, construction and development within the city limits are contained in the city's zoning ordinance, applicable building and plumbing codes, city standard details and specifications, and this chapter. If only the minimum standards are followed, as expressed by the various ordinances regulating land development, a standardization of development will occur. This will produce a monotonous setting. Subdivision design within both the city and its extraterritorial jurisdiction should be of a quality to carry out the purpose and spirit of the policies expressed in the master plan and in this chapter, rather than be limited to the minimum standards required herein.
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-2. - Authority.#
(a)
This chapter is adopted pursuant to the police powers of home rule 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 ch. 211.
(b)
In accordance with the city's police powers and authority, and as specifically authorized by V.T.C.A., Local Government Code ch. 211, and other applicable laws, the planning and zoning commission, as a condition of subdivision plat or replat approval, shall require the owners and developers of land who desire to subdivide, plat or replat land within the city or its extraterritorial jurisdiction, 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 city's master plan, with other municipalities, and with county, state and federally designated highways, as they may deem best in the interest of the general public, in order to provide for the orderly development of the areas and to secure adequate provision for traffic, light, air, recreation, transportation, water, drainage, sewage and other facilities.
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-3. - Jurisdiction.#
Except as specifically provided otherwise herein, this chapter shall apply to all subdivisions and all related land development activities, as they are both defined herein, and all land, any part of which is located within the jurisdiction of the city. The jurisdiction of the city shall be defined as follows: (1)
The corporate limits of the city; and
(2)
The extraterritorial jurisdiction of the city; and
(3)
Any additional area outside subsections (1) and (2) as permitted by law and which has been approved by the city council.
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-4. - Policy.#
In order to carry out the purposes herein stated, it is hereby declared to be the policy of the city to consider the subdivision and/or development of land as subject to the control of the municipality, pursuant to the master plan, if any and as adopted or amended from time to time, for the orderly, planned, efficient and economical development of the city and its jurisdiction. This section shall be administered such that:
(1)
Land to be subdivided and/or developed shall be of such nature, shape and location that with proper and careful design and development it can be safely used for building purposes without danger to health or risk of fire, flood, erosion, landslide or other menace to the general welfare.
(2)
A final plat shall not be recorded until the necessary public utilities, streets, sidewalks, and other facilities and other required improvements exist or arrangements are made for their provision as required by this chapter.
(3)
Buildings, lots, blocks and streets shall be arranged so as to provide for an attractive and healthful environment and to facilitate fire protection, and provide ample access to buildings for emergency equipment.
(4)
Land shall be subdivided and developed with due regard to topography and existing vegetation with the object being that the natural beauty of the land shall be preserved to the maximum extent possible.
(5)
Existing features which would add value to development or to the city as a whole, such as scenic and special features, both natural and man-made, historic sites, and similar assets shall be preserved in the design of the subdivision whenever possible.
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-5. - Application.#
(a)
The provisions of this chapter, including design standards and improvement requirements, shall, except as specifically provided otherwise in this chapter, 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 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 in order to achieve a more developable site, except as otherwise provided herein;
(5)
Any planned unit development for which two or more lots, tracts, or parcels are designed, established or created for occupancy, use or a building site, or for which a building permit, plumbing permit, electrical permit, flood plain permit, utility tap, or certificate of acceptance for required public improvements is required by the city;
(6)
The platting of any existing legal deed-divided unplatted lot, parcel, site or tract;
(7)
The voluntary platting and recording of a subdivision plat dividing any land within the jurisdiction of the city into lots, parcels, sites or tracts;
(8)
Any plat having received approval from the commission or the council for which said approval has expired;
(9)
The dedication of any street or alley through any tract of land, regardless of the area involved; or
(10)
As otherwise provided by state law.
(b)
There may be occasions when the city council deems it appropriate to allow a delay in the implementation of certain elements of this chapter. On those occasions, a development agreement shall be used in accordance with the city policy.
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-6. - Exemptions.#
(a)
The provisions of this chapter shall not apply to:
(1)
Sales of land by metes and bounds in tracts of five acres or more in area, except as otherwise specifically provided in this chapter;
(2)
Cemeteries complying with all state and local laws and regulations;
(3)
Divisions of land created by order of a court of competent jurisdiction;
(4)
Any subdivision of land for which a preliminary plat or final plat has been filed with the city on or before the effective date of this chapter, excluding any such plan or plat for which approval has expired or hereafter expires;
(5)
The combination of two platted lots for the creation of a more developable site and the planning and zoning commission finds that:
a.
The proposed use is the same as that for which the subdivision was platted by the developer; and
b.
No increase is anticipated in the estimated traffic generation or utility demands; and
c.
Offsite stormwater runoff is neither increased nor concentrated, or;
(6)
As otherwise provided by state law.
(b)
The provisions of this chapter shall not apply to the division of an existing legal lot, said division being caused by the city's acquisition of a part of said legal lot, when the council finds that the acquisition by the city is in the best interest of the public health, safety and welfare of the citizens of Burnet and/or its extraterritorial jurisdiction. Upon the council so finding, the resulting parcels shall be deemed to constitute legal lots for the purposes of developing under the requirements of this chapter and other applicable city regulations. In creating said division, the council is empowered to attach to the resulting parcels acquired by the city, and the remainder parcels not acquired by the city upon agreement with the owner, such conditions as it finds reasonable and necessary to offset any adverse effects resulting from the city's acquisition as a part of the original legal lot, in so far as any such condition is not contrary to the spirit and intent of this chapter.
(c)
The provisions of this chapter shall not be construed, interpreted or applied to land located within the extraterritorial jurisdiction of the city in a manner to regulate:
(1)
The use of any building or property for any lawful purpose;
(2)
The bulk, density or number of buildings on a tract or parcel of land;
(3)
The floor to area ratio of any building to be constructed on any lot; or
(4)
The number of residential units that can be built on an acre of land.
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-7. - Definitions.#
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words used in the present tense include the future tense. Words used in the plural number include the singular, and words in the singular include the plural. The word "shall" is always mandatory. The word "herein" means in this chapter. The word "regulations" means the provisions of any applicable ordinance, rule, regulation or policy. The word "person" means any human being or legal entity and includes a corporation, a partnership, and an incorporated or unincorporated association. The words "used or occupied" as applied to any land or building shall be construed to include the words intended, arranged, or designed to be used or occupied.
Access means a way of approaching or entering a property.
Access street means a street providing access to cluster housing units limited to ten dwelling units or less. Access streets provide direct vehicular access to individual garages, drives, or a common parking court.
Adjacent means abutting and directly connected to or bordering on.
Administratively complete means a plan or plat tendered to the city with all of the appropriate fees, documents, data and information required in this chapter and other applicable ordinances.
Alley means 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.
Applicant means a person applying for plat approval under this chapter.
Approval means the final approval in a series of required actions. For instance, the approval date of a plat requiring approval of the commission and then the council is the date of council approval.
Arterial street means a principal traffic artery or traffic way, having continuous routing over long distances, whose function is to serve as a principal connecting street with state or federal highways.
As-built-plans means a set of construction plans certified by a registered professional engineer specifying how the public improvements required for the subdivision were actually constructed.
Attendant documents means either material needed to address the specific requirements of this chapter which are not shown on plats or plans, or any information which the developer feels necessary to explain the submittal.
Block means a parcel of land, intended to be used for development 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.
Bond means any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the city council.
Buffer yard means a land area used to separate one use from another or to shield, reduce or block noise, lights, or other nuisances.
Building or setback line means 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.
Buffer means 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.
Centerline, when referring to a waterway or drainage, means the centerline of the waterway and refers to existing topographically defined channels. If not readily discernible, the centerline shall be determined by (first) the low flow line, or (second) the center of the two-year flood plain.
City means the City of Burnet, Texas.
City manager means the chief administrative officer of the city or his/her designated representative.
City council or council means the Burnet City Council.
City engineer means the city engineer, or designee.
City limits means within the incorporated boundaries of the city.
City staff means the officers, employees and agents of the city assigned and designated from time to time by the city manager and/or council, including but not limited to the city engineer, to review and/or comment and report on development plans.
City technical construction standards and specifications (TCSS) means a library of city approved drawings and technical data representing typical drainage, transportation, erosion and sedimentation control, and utility appurtenances to be constructed for city acceptance.
Collector street means a street whose function is to collect and distribute traffic between arterials and minor streets, is not necessarily a continuous routing for long distances, and has intersections at grades. Parking shall not be permitted on collector streets.
Commission means the planning and zoning commission of the city, or the city council if a planning and zoning commission is not operational.
Construction plans means the maps, drawings, plans and specifications indicating the proposed location and design of improvements to be installed as part of a development.
Contiguous means adjacent property whose property lines are shared or are separated by only a street, alley, easement or right-of-way.
Corner lot means a lot located at the intersection of and abutting on two or more streets.
County means Burnet County, Texas.
County appraisal district means the county appraisal district.
Critical root zone means a circular area around a significant tree equal to one-foot in radius for each one-inch caliper, and the center of the circular area located at the trunk.
Crossfall means the transverse slope as related to a given longitudinal slope and measured by the rise to run ratio.
Crosswalk means the portion of a roadway, including an intersection, designated as a pedestrian crossing by surface markings, including lines; or the portion of a roadway at an intersection that is within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway.
Cul-de-sac means a minor street having one end open to vehicular traffic and having one closed end terminated by a permanent turnaround.
Dedication means the grant of an interest in property for public purpose.
Design storm means 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.
Developer means the legal owner of land to be improved and/or subdivided or his/her authorized representative.
Developed area means that portion of a lot, easement, or parcel upon which a building, structure, pavement or other improvements have been placed.
Development means a subdivision of land as defined herein or the construction or placement of any buildings, utilities, access, roads or other structures, excavation, mining, dredging, grading, filling, clearing or removing vegetation, and the deposit of refuse, waste or fill. Lawn and yard care, including mowing of tall weeds and grass, gardening, tree care and maintenance, removal of trees or other vegetation damaged by natural forces, and ranching and farming shall not constitute development. Utility, drainage, and street repair, and any construction maintenance and installation which does not require land disturbance or result in additional impervious cover shall also not constitute development.
Director means the director of planning and development, or the planning director.
Development plan means a scaled drawing representing an area of land to be improved and/or developed and indicating the legal boundary of said property and the nature and extent of all existing and proposed improvements to said project.
Double frontage lot means a lot which runs through a block from street to street and which abuts two or more streets.
Drainageway. See waterway.
Drainfield means private sewage facility, disposal area, trench or bed utilized for final wastewater disposal.
Drive approach means a paved surface connecting the street to a front lot line.
Driveway means the surface connecting a drive approach with a parking space, parking lot, loading dock or garage.
Dwelling unit means a residential unit designed to accommodate one household.
Easement means a grant by the property owner of the use of a strip of land for stated purposes.
Environment means the aggregate of social and physical conditions that influence the life of the individual and/or community.
Escrow funds means 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.
Extraterritorial jurisdiction (ETJ) means the unincorporated area, not a part of any other city, which is contiguous to the corporate limits of the city, the outer limits of which are measured from the extremities of the corporate limits of the city outward for such distances as may be stipulated in the state local government code as may be amended from time to time in accordance with the total population of the incorporated city, or as expanded pursuant to state law and in which area, within the terms of the state law, the city may enjoin the violation of its subdivision ordinance.
Filing date means, with respect to plats and plans, the date the requested action is submitted to the city for consideration.
Final plat means 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.
Flood plain means the channel of a waterway and the adjacent land area subject to inundation during the design storm. Floodplains are typically identified by the federal emergency management administration (FEMA) in their flood insurance rate maps (FIRM).
Floodway means channel of a waterway and the adjacent land areas that must be reserved in order to discharge the design storm without cumulatively increasing the water surface elevation.
Front yard means a space extending the full width of the lot between any building set back line and the front lot line, and measured perpendicular to the building at the closest point to the front lot line.
Frontage means 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.
Governing body means the city council.
Grade means 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.
Grading means any stripping, cutting, filling or stockpiling of earth or land, including the land in its cut or filled condition.
Ground cover means low growing plants planted in such a manner as to form a continuous cover over the ground, such as liriope, low growing varieties of honeysuckle, confederate jasmine, English ivy or others.
Impervious cover means roads, parking areas, buildings, swimming pools, rooftop landscapes and other construction limiting the absorption of water by covering the natural land surface; this shall include, but not be limited to, all streets and pavement within the development.
Improvements means 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.
Individual on-site wastewater system or private sewage facility means all systems and methods used for the disposal of sewage, other than organized sewage disposal systems. Private sewage facilities are usually composed of three units: the generating unit (the residence, institution, etc.), treatment unit, and the disposal unit (the drainfield that may be an absorption trench or bed, or an evapo-transpiration bed). A private sewage facility includes 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.
Interior lot means a lot other than a corner lot and, bounded by a street on only one side.
Large lot subdivision means a subdivision development designed with lots a minimum of one-acre or more in size.
L.C.R.A. is a term used to identify and refer to the Lower Colorado River Authority.
Landscape development means trees, shrubs, ground cover, vines or grass installed in planting areas.
Legal lot means 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, 1927.
Legally platted lot means a lot which is part of a subdivision approved by the city and recorded in the official county records.
Letter of credit means a letter from a bank or other reputable creditor acceptable to the city that guarantees to the city that upon failure of the developer to fulfill any improvement requirements that at the city's request, funds will be provided to the city to complete the specified improvements.
Living unit equivalent (L.U.E.) means a unit of measure which represents the quantity of water utilized and wastewater generated on an average annual daily basis from a single-family, detached residence of average size and occupancy which is the standardized measure used for service units as more particularly described in the capital improvements plan ordinance.
Local health district means the county health district.
Lot means a subdivision of a block or other parcel intended as a unit for transfer of ownership, or for development, or for occupancy and/or use.
Master plan means 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 land intensities; land subdivision; transportation planning; circulation; and community facilities, utilities and services; and, if none, professional planning and engineering practices.
Minor plat means any plat consisting of four or fewer lots fronting on an existing street that are adequately served by streets, utilities, drainage facilities (if necessary), and easements or rights-of-way; and does not require the creation of any new street(s) or the extension of municipal facilities or vacating plat. An amended plat shall be considered a minor plat.
Minor street means 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. Minor streets may be residential streets or minor streets within a commercial or industrial subdivision as defined in the City TCSS.
Natural channel means the topography of a waterway prior to construction, installation of improvements or any regrading.
Natural drainage means a stormwater runoff conveyance system not altered by development.
Natural state means substantially the same conditions of the land which existed prior to its development, including but not limited to, the same type, quality, quantity and distribution of soils, ground cover, vegetation and topographic features.
Neighborhood means the area of the city characterized by residential land uses which is bounded by physical (such as river, major street, back of access) and/or political features (such as voting districts, subdivision boundaries).
Neighborhood park means a privately owned parcel of land, within a subdivision, dedicated solely for recreational uses and maintained by the residents of said subdivision.
Official county records means the Official Public Records of Burnet County, Texas (O.P.R.B.C.T.).
Off-site improvements means any required improvement which lies outside of the property being developed.
100-year flood plain means that flood which has a probability of occurring once in a 100-year period or a one-percent chance in any given year.
Overland drainage means stormwater runoff which is not confined by any natural or man-made channel such as a creek, drainage ditch, storm sewer, or the like.
Parent tract means tract or lot as described by deed or plat, which includes one or more lots that are being subdivided.
Park fund means 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 purchase of park land or improvements in the vicinity of the subdivided property for which funds have been collected.
Planned unit development (PUD) means a land development project that promotes the planning of an individual tract of land to allow for a single use, such as residential, or for a harmonious combination of uses, such as a mixture of residential and commercial.
Planning and zoning commission means the city planning and zoning commission.
Planting area means any area designed for landscape planting having a minimum of ten square feet of actual plantable area and a minimum inside dimension on any side of 18 inches.
Playscape means 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.
Preliminary plat means a map of a proposed land subdivision showing the character and proposed layout of the entire property being developed in sufficient detail to indicate the suitability of the proposed subdivision of land.
Primary structure means 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.
Public means, 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.
Public use or purpose means places of non-commercial public assembly or administrative functions where the primary activity is contained within a building(s), including but not limited to churches, schools and government buildings.
Rear yard means 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.
Regulatory 100-year floodplain means the 100-year floodplain as defined by the federal emergency management agency (FEMA).
Regulatory floodway means that area designated by FEMA or subsequent federal, state, or local authority administering a flood insurance program as being within the floodway of a 100-year flood storm.
Replacement trees means new landscape trees approved by the city council to be planted by the developer to replace significant trees removed during the development of property. A list of approved replacement trees can be obtained at the office of the city.
Required yard means the open space between a lot line and the buildable area within which no structure shall be located except as provided for herein.
Reserve strip means a narrow strip of property usually separating a parcel of land from a roadway or utility line easement, or other parcel of land, 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 by these regulations unless their control is given to the city.
Reverse frontage lot means a double frontage lot which 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.
Right-of-way means a strip of land occupied or intended to be occupied by street, crosswalk, railroad, road, electric transmission line, or oil or gas pipe line, water main, sanitary or storm sewer main, or for other similar purpose or use.
Some ownership means ownership by the same person, 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.
Secondary (accessory) structure means 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.
Setback or building line means 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.
Shrub means any self-supporting woody evergreen and/or deciduous species.
Side yard means 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.
Significant tree means a native, living tree that is equal to or greater than eight inches in diameter as measured at breast height, four and one-half feet above ground (DBH), not to include Ashe Juniper and Chinaberry trees.
Slope means the vertical change in grade divided by the horizontal distance over which that vertical change occurred. The slope is usually given as a percentage.
Spring means a point or zone of natural groundwater discharge having measurable flow and/or a pool, however small, and characterized by the presence of a plant community adapted to the moist conditions of the site.
State health department means the Texas Department of State Health Services (DSHS).
Street means any public or private right-of-way which affords the primary means of vehicular access to abutting property.
Street line means 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.
Street side yard means the side yard of a corner lot abutting the street right-of-way.
Street yard means 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.
Structure means anything constructed or erected on the ground or which is attached to something located on the ground. Structures include without limitation; buildings, telecommunications towers, sheds, parking lots that are the primary use of a parcel and permanent signs. Sidewalks and paving shall not be considered structures unless located within a public utility or drainage easement.
Structural integrity means the ability of a structure to maintain stability against normal forces experienced by said structure.
Subdivision means the division or redivision of land into two 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.
Traffic impact analysis (TIA) means a study of the impacts of a development on the city's transportation system.
Tree means any self-supporting woody plant species which normally grows to an overall minimum height of 15 feet.
Tree survey means a scaled drawing accurately showing the location, caliper and critical root zone of significant trees in relation to the property boundaries.
Urbanization means the process of constructing public improvements required to support suburban or urban land use.
Variance means a grant of relief to a person from the requirements of this chapter when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this chapter.
Vines means any of a group of woody or herbaceous plants which may cling by twining, by means of aerial rootlets or by means of tendrils, or which may simply sprawl over the ground or other plants.
Watershed means area from which stormwater drains into a given basin, river or creek.
Waterway means any natural or man-made channel conducting storm water from a two-year storm event at a depth of eight inches or more and at a rate of 15 cubic feet per second or more. Street pavement shall in no instance be considered a waterway.
Working days means Monday through Friday exclusive of city recognized holidays.
Yard means an open space that lies between the principal or accessory building or buildings and the nearest lot line.
Yard depth means the shortest distance between a lot line and a yard line.
Yard line means a line drawn parallel to a lot line at a distance equal to the depth of the required yard.
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-8. - Enforcement of regulations.#
(a)
No subdivision of land within the city or its extraterritorial jurisdiction may be recorded until a final plat, accurately describing the property to be subdivided and platted, has been approved by the city in accordance with this chapter, signed and dated by the chair of the planning and zoning commission and/or other designated officers of the city, and filed in the official county records.
(b)
No building permit, certificate of occupancy, plumbing permit, electrical permit, flood plain permit, utility tap or certificate of acceptance for required public improvements shall be issued by the city for or with respect to any land within the city limits; and no flood plain permit, utility tap or certificate of acceptance for required public improvements shall be issued by the city for or with respect to land within the ETJ limits:
(1)
For any parcel or plat of land which was developed after the effective date of, and not in conformity with, the provisions of this chapter; and/or
(2)
Until:
a.
All improvements, as required by this chapter, have been constructed and accepted by the city, or
b.
Assurances for the completion of improvements have been provided in accordance with this chapter.
(c)
No excavation or clearing of land, or construction of any public or private improvements shall take place or commence within six months preceding the date of application for the approval of any development or subdivision; and no such excavation, clearing of land or construction shall begin within any proposed subdivision until such time as the city engineer approves the plans and specifications for such subdivision. For the purposes of this section, the clearing of land shall mean the removal of invasive and/or undesirable vegetation. In no case shall vegetation shown at appendix B be removed without prior specific approval of the city.
(d)
This chapter may be further enforced by injunction and other judicial proceedings, either at law or in equity; and, in lieu of or in addition to any other authorized enforcement or action taken, any person who violates any term or provision of this chapter, with respect to any land or development within the city, by fine and penalties as provided herein.
(Ord. No. 2026-13, § 1, 4-20-26)
Sec. 98-9. - Technical construction standard specifications.#
The City of Burnet Technical Construction Standards and Specifications as revised by Ordinance No. 2026-16 on April 20, 2026, is hereby adopted. A copy of the adopted City of Burnet Technical Construction Standards and Specifications shall be retained in the office of the city secretary for public inspection.
(Ord. No. 2026-13, § 1, 4-20-26; Ord. No. 2026-16, § 2, 4-20-26)