§ 66-33. Definitions of specific terms.

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:

Alley means a public or private right-of-way primarily designed to serve as secondary access to the side or rear of these properties whose principle frontage is on some other street.

Applicant means the owner of land proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premises.

Block means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad right-of-way, shorelines of waterways, boundary lines or municipalities.

Building means a structure having a roof supported by columns or walls for the housing or shelter of persons, animals or goods. Where roofed structures are separated from each other by party walls having no opening for passage, each portion so separated shall be considered a separate building.

Building height means the vertical distance measured from the average elevation of the proposed finished grade of the lot to the highest point of the coping of a flat roof, to the average height level between eaves and ridge of gable, hip, and gambrel roofs, and to the deck line in the case of a mansard roof.

Building inspector means the authorized building inspector for the city.

Building line means the line established by law past which a building shall not extend as determined by front, side, and rear yards in this chapter.

Building, principle means a building in which is conducted the predominant use of the lot on which it is situated.

Central sewerage system means a private sewerage system including collection and treatment facilities established by the developer to serve a new subdivision in an outlying area.

Central water system means a private water system formed by a developer to serve a new subdivision in an outlying area. It includes water treatment and distribution facilities.

Common area means that portion of a site and building which are collectively owned and controlled.

Condominium means a single unit in a multi-unit structure whose right to legal title is based either in fee simple, estate for years, or a leasehold estate, and where joint or common ownership is vested in all other fixtures, structures, land and its appurtenances.

Construction plans means the engineering drawings submitted after approval of the preliminary plat showing the specific location and design of the improvements to be installed in the subdivision in accordance with the requirements of the design standards of this chapter.

Crosswalk (pedestrian walkway) means a right-of-way within a block dedicated to public use ten feet or more in width, intended primarily for pedestrians and from which motor vehicles are excluded.

Cul-de-sac means a street having one end open to traffic, the other end permanently terminated by a vehicular turn-around.

Developer means the owner of land proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premises in order to undertake subdivision development.

Double-frontage lot means a lot having frontage on two streets as distinguished from a corner lot.

Drainage easement means an area set aside for the purpose of transporting stormwater. Maintenance of these easements are the responsibility of the private property owner unless dedicated and accepted by the city for maintenance.

Driveway means an access way connecting one or more dwelling units and their parking spaces with a street.

Easement means a grant by a property owner of the use of land for a specific purpose or purposes by the general public, a corporation, or a certain person or persons.

Engineer means a registered, professional engineer licensed by the state.

Grading means altering surfaces to specific elevations, dimensions, or slopes; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition.

Health department means the health department of the county.

Improvements guarantee means a guarantee in the form of an irrevocable letter of credit from a bank certified check to insure completion of required subdivision improvements.

Individual sewage disposal system means a septic tank, seepage tile sewage disposal system, or any other sewage treatment device approved by the sanitarian.

Land use plan means a development plan or any part thereof, adopted by the city council that indicates the general location for the various physical classes of public works, places and structures, and depicts the general planned physical development and land use in the city.

Lot means a parcel of land occupied or intended for occupancy by one principle building or use, including accessory building or use incidental to it.

Lot area means the service area inside the lot lines. In determining the area and dimensions of a lot, no portion of the right-of-way of a street or crosswalk may be included.

Lot, corner means a lot abutting on two or more streets at their intersection.

Lot coverage means the service area occupied by all buildings within a lot.

Lot depth means the average horizontal distance between the front and rear lot lines.

Lot improvement means any building, structure, work of art, or other object, or alteration of the land, constituting a physical betterment of real property.

Lot, interior means a lot other than a corner lot or double frontage lot.

Lot width means the distance between one side lot line and the other side lot line measured at the minimum building setback line. The mean width is measured at a right angle to the lot depth.

Major subdivision means a subdivision which is not classified as a minor subdivision, including but not limited to four or more lots, or of any size but requiring any new street or extension of city facilities or the creation of any public improvements.

Minor subdivision means a subdivision which comprises not more than three lots provided that:

(1)

Each lot in the proposed subdivision abuts an existing street for a minimum distance of 100 feet and the depth shall not exceed three times the width.

(2)

The proposed subdivision shall be directly accessible to existing required improvements that shall be necessary for connection to existing utilities and other existing facilities.

(3)

The combination or recombination of portions of previously platted lots is permitted where the total number of lots is not increased and the resultant lots comply with the standards of the regulations and all other ordinances and resolutions of the city.

Nonresidential subdivision means a subdivision whose intended use is other than residential.

Open space means any portion of an individual lot within the subdivision that is designed and designated for use by the residents of the subdivision or for the general public, not including streets and off-street parking areas. Open spaces shall be substantially free of structures, but may contain such improvements as shown on the plans as finally approved. Unless dedicated and accepted by the city, maintenance shall be the responsibility of all property owners within the subdivision.

Outlot means a lot which is either unbuildable or not intended for development and is allocated to be used for aesthetic purposes. safety, or common public use.

Owner means any person who has title to real property. In the case where equitable title is vested in more than one person, authorization by all parties claiming a title to the property in question shall be provided to the governing authority prior to any review and application of the provisions of this chapter. Owners are not holders of security deeds or mortgages on the property.

Parcel means a plot or plots of land which are shown with a separate identification on the official appraisal maps of the county.

Plat means a map, plan, or representation that depicts the subdivision of a parcel of land indicating the location and boundaries of the property.

Plat, final means the final plan of the subdivision and any accompanying documents as required by this chapter that, once approved by the city council, will constitute the plat of record that will be the basis for the authorization of building permits.

Plat, preliminary means the preliminary drawing or drawings, described in this chapter, indicating the proposed layout of the subdivision that is to be submitted to the city council for approval.

Public improvement means any drainage, ditch, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, or other facility for which the city may ultimately assume the responsibility or liability, for maintenance or operation, or which may effect an improvement for which city responsibility and liability is established.

Public street means a street over which the general public has acquired the right of use.

Public utilities means water. gas, sanitary and storm sewer, electrical and communications lines and facilities.

Resubdivision means a change in an approved or recorded subdivision plat if such change affects any street layout, easement, area reserved for public use, or lot line.

Right-of-way means access over or across particularly described property for a specific purpose or purposes.

Right-of-way line means the dividing line between a lot, tract or parcel of land and a contiguous right-of-way.

Right-of-way width means the distance between right-of-way lines measured at right angles.

Sanitarian means a professional sanitarian appointed by the health department and authorized to perform health services in the city.

Shoulder means the portion of a street or road from the outer edge of the paved surface or curb to the inside edge of the ditch, gutter or original ground surface.

Sidewalk means the portion of the right-of-way which is parallel to a street or road which is intended for pedestrian traffic.

Sketch plat means a generalized representation of the proposed subdivision submitted prior to the preliminary plat that will enable the subdivider to reach general agreement with the city council as to the form of the plat and the objectives of this chapter.

Soil erosion ordinance means the soil erosion ordinance of the city, chapter 38, article II of this Code.

Street means a right-of-way for vehicular traffic shelter designated as street, highway, thoroughfare, parkway, expressway, freeway, road, avenue, drive, boulevard, lane, place, circle, or otherwise. Various subclassifications are defined as follows:

(1)

Arterial means a street which is used primarily for fast and heavy traffic flow, is of considerable continuity, and is used to travel through and within the city.

(2)

Major collector means a street which carries traffic from activity centers and minor collector streets to arterial streets and streets of higher classification.

(3)

Minor collector means the principle entrance streets to subdivision and the main streets for circulation within a subdivision which serve a network of four or more local streets.

(4)

Local street means a street used primarily for access to abutting properties as opposed to the collection and dispersion of traffic.

(5)

Cul-de-sac means a local street having one end open to traffic, the other being permanently terminated by a vehicular turnaround.

(6)

Marginal access road means a street which is parallel to and adjacent to an arterial street or highway and which provides access to abutting properties and protection from through traffic.

(7)

Dead end means a stub street in a subdivision which may at a later time be continued into another portion of the subdivision.

Street, city means a street which is owned or maintained by the city.

Street grade means the grade of the centerline of a street measured at any point along the street expressed as a percent.

Structure means anything constructed, erected or attached to something having a location on the ground.

Subdivider means any person dividing or proposing to divide land so as to constitute a subdivision.

Subdivision means any land which is divided or proposed to be divided into three or more lots or parcels. The following are not included within this definition. The combination or recombination of portions of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of this chapter.

Surveyor means a registered, practicing surveyor licensed by the state.

Variance means a modification of the terms of this chapter where such modification will not be contrary to the public health, safety and welfare; where, owing to conditions peculiar to the property, not the result of actions of the subdivider or owner, a literal enforcement of this chapter would result in unnecessary and undue hardship.

Zoning ordinance means the zoning ordinance of the city, appendix A to this Code.

(Ord. of 6-20-1989, § 2.2)

Cross reference

Definitions generally, § 1-2.