§ 32-1. 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:

Alley means a private or public thoroughfare that affords only a secondary access to a building or abutting property and is not intended for general traffic circulation.

Arterial streets, unless otherwise specified by the comprehensive plan, a transportation element of the comprehensive plan or major thoroughfare plan, means those streets and highway facilities, including full and partial access controlled highways and major urban area entrance highways, which are designed to carry the highest traffic volumes and the longest trips through and within an urban area.

Auction means a public sale of property to the highest bidder.

Block means a piece or parcel of land entirely surrounded by public streets, public lands, railroad rights-of-way, watercourses or any other barrier to the continuity of development.

Building means any structure, either temporary or permanent, above or below ground, having a roof or other covering, and designed, built, or used as a shelter or enclosure for persons, animals or property of any kind, including tents, awnings or vehicles used for purposes of a building.

Building setback line means a line establishing the minimum allowable distance between the building, including any covered porches, and the street right-of-way or property line when measured perpendicularly thereto. In the case of corner lots or double frontage lots, front yard requirements shall be observed for those areas adjacent to street rights-of-way.

Centerline of street means that line surveyed and monumented by the city council and designated as the center of a public street. If a centerline has not been surveyed, it shall be the line running midway between the outside curbs, ditches or paved or improved sides of the street.

City engineer means the person appointed by the city council to review engineering aspects of plans.

Clear site triangle means an area of unobstructed vision at street intersections designed by the centerlines of the streets and by a line of sight between points on their centerlines at a given distance from the intersection of the centerlines.

Collector streets, unless otherwise specified by the comprehensive plan, a transportation element of the comprehensive plan or major thoroughfare plan, are those streets that collect traffic from minor streets or other collector streets and channel it to the arterial system. Collector streets provide land access and traffic circulation within commercial and industrial areas.

Comprehensive plan means those coordinated plans or portions thereof which have been prepared by or for the city council for the physical development of the jurisdiction, or any plans that designate plans or programs to encourage the most appropriate use of the land in the interest of public health, safety and welfare.

Corner lot means a lot abutting upon two or more streets at their intersection.

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

Culvert means a drain or conduit that carries water under a driveway, roadway, railroad, pedestrian walk or public way.

Curb means a concrete boundary marking the edge of a paved area.

Curb cut means a provision for vehicular ingress or egress between property and an abutting street.

Deceleration lane means an added roadway lane that permits vehicles to slow down and leave the main vehicle stream.

Dedication plat means a plat that indicates property to be dedicated for public right-of-way or land for public use.

Development means any manmade change of improved or unimproved real estate including, but not limited to, buildings, structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Double frontage lot means a lot other than a corner lot that has frontage upon two or more streets that do not intersect at a point abutting the property.

Drainage means the removal of surface water or groundwater from land by drains, grading or other means.

Easement means:

(1)

A nonpossessory interest in land; and

(2)

A grant by a property owner for the use by the public, a corporation or persons of a portion of land for a specified purpose.

Escrow account means a type of subdivision improvement guarantee where the subdivider deposits either cash, a note, a bond or some other instrument readily convertible to cash for a specific face value specified by the city to cover the costs of required improvements.

Final plat means a finished drawing of a subdivision showing completely and accurately all legal and engineering information and certification necessary for recording.

Flag lot means a tract or lot of land of uneven dimensions in which the portion fronting on a public street is less than the required minimum width for construction of a building or structure on that lot.

Grade means the slope of a street, or other public way, specified in percentage terms.

Gridiron pattern means a street and block system resulting in formal, regular, rectangular blocks and resulting in four-way intersections.

Letter of credit means a type of subdivision improvement guarantee whereby a subdivider secures a letter of credit from a bank or other institution or from a person with resources sufficient to cover the cost of improvements required by the city. The letter pledges the creditor to pay the cost of improvements in case of default by the subdivider.

Lot means a portion or parcel of land intended as a unit for transfer of ownership or for development or both, intended to be devoted to a common use or occupied by a building or group of buildings devoted to a common use, and having principal frontage on a public street. In determining the area and dimension of a lot, no part of the right-of-way may be included.

Lot area means the total horizontal area within the lot lines of a lot, exclusive of public street rights-of-way.

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

Lot frontage means the width in linear feet of a lot where it abuts the right-of-way of any public street. This width shall not be less than 30 feet.

Lot width means the distance between side lot lines measured at the regulatory/required building line.

Major subdivision means the division of a buildable lot of record into six or more lots complying with all zoning requirements.

Minor subdivisions are those that, because of their small size, can be administratively approved in expedited fashion by the planning and zoning commission. A minor subdivision is a buildable lot of record divided into five or fewer lots and, where the following conditions exist, the proposed lot complies with all zoning requirements:

(1)

Each proposed lot fronts on an existing public street and complies with the county health department requirements;

(2)

All slope and utility easements as determined necessary by the city zoning administrator are provided to the city; and

(3)

Each lot created is not resubdivided pursuant to the provisions for minor subdivisions, and the entire contiguous property owned by the subdivider is included.

Mortgage lot means a lot created out of a tract to enable the contract purchaser of the tract to finance construction of a single-family residence or other building thereon.

Performance bond means a type of subdivision improvement guarantee in the form of a bond, secured by the subdivider from a bonding company, in an amount specified by the city to cover the costs of required improvements, and payable to the city. The performance bond may be cashed in by the city in the event the subdivider defaults on required improvements.

Preliminary plat means a drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its general design.

Public street means a dedicated and accepted public right-of-way which affords the principal means of paved access to abutting properties.

Reservation means a method of holding land for future public use by designating public areas on a subdivision plat.

Resubdivision means the further division of a lot within a subdivision previously approved and recorded.

Right-of-way, distinguished from an easement, means that area specified for the present or future use of roads, streets and highways, together with its drainage facilities and other supporting uses and structures.

Shade tree means a tree in a public place, street, special easement or right-of-way adjoining a street.

Sidewalk means a hard surfaced area provided for pedestrian use, usually located alongside a road within the right-of-way.

Street means a public or private thoroughfare which is open to the general public and which affords the principal means of paved access to abutting property.

Structure means anything constructed or erected, the use of which requires permanent location on the ground, or which is attached to something having more or less a permanent location on the ground, not including utility poles.

Subdivision means the division, proposed division, redivision or proposed redivision of any land into two or more lots, parcels, sites, units, plots or interests for the purpose, whether immediate or future, of offer, sale, lease, gift, charitable donation or development.

(1)

The term "subdivision" includes the division or development of residential and nonresidential land, whether by deed, metes and bounds description, intestacy, lease, map, plat or other recorded instrument.

(2)

The term "subdivision" also means the land to be so divided, as the context may indicate.

(3)

Certain types of subdivisions are exempted from the procedural requirements of this chapter, but otherwise require compliance with the provisions of this chapter.

Subdivision improvement guarantee means a legal device used by local governments to ensure that the required capital improvements are, in fact, completed in a satisfactory manner by subdivision developers.

Temporary cul-de-sac means a nonpermanent vehicular turnaround located at the termination of a street.

Variance means a minimal relaxation or modification of the strict terms of this chapter as applied to specific property when, because of particular physical surroundings, shape or topographical condition of the property, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make a profit.

Zoning administrator means the city manager or his authorized representative.

(Ord. No. 2004-01, 3-1-2004)