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GENERAL PROVISIONS
§ 151.001  PURPOSE.
   The purpose of these regulations is to provide for the orderly development of the city and its environs; to proscribe standards for the laying out of subdivisions in harmony with the comprehensive plan; for the coordination of streets and utilities within subdivisions with other existing or planned streets and utilities; for coordination of subdivisions with other features of the comprehensive plan to provide for adequate open space for traffic, recreation, light and air; and for the distribution of population and traffic in a manner so as to create conditions favorable to health, safety, convenience or prosperity, all in accordance with applicable state statutes.
(Prior Code, § 1)
§ 151.002  JURISDICTION.
   The provisions of this chapter shall apply within the area of planning and zoning jurisdiction, as defined on the “Official Zoning Map of the City of Auburn, Nebraska”, as may be amended from time to time.
(Prior Code, § 2)
§ 151.003  APPLICABILITY.
   (A)   Any plat, hereafter made, for each subdivision or part thereof lying within the jurisdiction of this chapter, shall be prepared for approval and recorded as herein prescribed. The regulations contained herein shall apply to the subdivision of a lot, tract, parcel of land into two or more lots, tracts or other division of land for the purpose of sale or development, whether immediate or future, including the resubdivision or replatting of land or lots, except that the division of land when the smallest parcel created is more than ten acres in area shall be exempt from these regulations.
   (B)   Further, the regulations set forth by this chapter shall be minimum regulations which shall apply uniformly throughout the jurisdiction of this chapter, except as hereafter provided.
      (1)   Each separate principal use/building within the jurisdiction of this chapter shall be situated on a separate and single subdivided lot of record unless otherwise provided in Chapter 152 of this code.
      (2)   No subdivision of land shall be permitted within the jurisdiction of this chapter unless a plat is approved in accordance with the provisions of this chapter. Further, no lot in a subdivision may be sold, transferred or negotiated to sell, no permit to erect, alter or repair any building upon land in a subdivision may be issued, and no building may be erected in a subdivision unless a final plat has been approved by the City Council and recorded with the County Register of Deeds.
      (3)   These regulations shall not apply to the following:
         (a)   To a subdivision of land whereby the smallest parcel created or remaining is more than ten acres;
         (b)   The subdivision of burial lots in cemeteries; and/or
         (c)   As provided in § 152.196 regarding the further subdivision of existing lots and blocks.
(Prior Code, § 3)
§ 151.004  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The present tense includes the future tense, the singular number includes the plural and the plural number includes the singular.
   BUILDING LINE. A line parallel or nearly parallel, to either the street line or the lot line not abutting the street and at a specified distance from the street or lot line which marks the minimum distance from either line that a building may be erected. In the case of a cul-de-sac, the BUILDING LINE shall be measured around the curvature of the street line.
   BUILDING OFFICIAL. The person or persons designated by the City Council to administer this chapter whether the person or persons be entitled Building Official, Building Inspector or administrative official.
   COMMON OPEN SPACE. That undivided land in a subdivision which may be jointly owned by all property owners of the subdivision, for the benefit of the owners of the individual building sites of the development.
   COMMON SEWER SYSTEM. A sanitary sewage system in public ownership which provides for the collection and treatment of domestic effluent in a central sewage treatment plant which meets the minimum requirements of the State Department of Environmental Qualify for primary and secondary sewage treatment and which does not include individual septic tanks or portable sewage treatment facilities.
   COMMON WATER SYSTEM. A water system which provides for the supply, storage and distribution of potable water on an uninterrupted basis which is in public ownership.
   COMPREHENSIVE PLAN. The long range development plan adopted by the City Council.
   COVENANT. Written promise or pledge.
   CULVERT. A transverse drain that channels water under a bridge, street or driveway.
   EASEMENT. A grant by property owner to the public, a corporation or persons of the use of a tract of land for a specific purpose.
   ENGINEER. One licensed by the state, designated by the City Council to act for the city.
   FRONTAGE. The length of the property abutting on one side of a street measured along the dividing line between the property and the street.
   GREEN AREA. Same as COMMON OPEN SPACE.
   IMPROVEMENT. Street pavement or resurfacing, curbs, gutter, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping and other related matters normally associated with the development of raw land into building sites.
   LOT. A parcel of land occupied or intended for occupancy by a use permitted in this regulation, including one main building together with its accessory buildings, the open spaces and parking required by this regulation and fronting upon a street.
   LOT, CORNER. A lot abutting upon two or more streets at their intersection.
   LOT, INTERIOR. A lot other than a corner lot which has frontage on one street only.
   LOT, THROUGH. A lot other than a corner lot fronting on more than one street.
   MONUMENTS. Permanent concrete or iron markers used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary line corners and points of change in street alignment.
   OUT LOT. Property shown on a subdivision plat outside of the boundaries of the land which is developed and which is to be excluded from the development of the subdivision.
   PARKING SPACE, OFF-STREET. An area, enclosed or unenclosed, sufficient in size to store one automobile, together with a driveway connecting the parking space with a street or alley and permitting ingress and egress.
   PEDESTRIAN WAYS. A tract of land dedicated to public use, which cuts across a block to facilitate pedestrian access to adjoining streets and properties.
   PLANNED DEVELOPMENT. Special development of certain tracts of land, planned and designed as a unit for one or more land uses under the regulations and procedures contained in this chapter.
   PLANNING AREA. The statutory zoning jurisdiction of the city.
   PLANNING COMMISSION. The appointed planning body designated by the City Council.
   PLAT. Map, drawing or chart upon which the developer’s plan of subdivision is presented to the City Council for approval and, after the approval, to the appropriate County Clerk for recording or in conformance with the provisions of § 152.196.
   PLOT. A parcel of ground.
   PUBLIC WAY. An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.
   RIGHT-OF-WAY. A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features such as grade separation, landscaped areas, viaducts and bridges.
   SETBACK LINE. A line, as shown on a record plat or otherwise established by the City Council, beyond which no part of a main exterior wall of a building or structure may project.
   SEWERS, ON-SITE. A septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
   SIDEWALK. A dedicated public way, whether along the side of a road or not.
   STREET. A public or private thoroughfare including avenues, which affords principle means of access to abutting property.
   SUBDIVIDER. The owners, developers or agents of persons or corporations affecting subdivision.
   SUBDIVISION. The division of a parcel of land into two or more lots or parcels for the purpose of transfer of ownership, building development, or, if a new street is involved, any division of a parcel of land. The term includes RESUBDIVISION and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
   SURVEYOR. Any person registered in the state to practice surveying.
   THOROUGHFARE, STREET or ROAD. The full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows.
      (1)   ALLEY. A dedicated public right-of-way, other than a street, which provides only a secondary means of access to abutting property.
      (2)   ARTERIAL STREET. A street which provides for through traffic movement between and around streets with direct access to abutting property, subject to necessary control of entrances, exits and curb use.
      (3)   COLLECTOR STREET. A street which provides for traffic movement between arterial and local streets, with direct access to abutting property.
      (4)   CUL-DE-SAC. A local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
      (5)   DEAD-END STREET. A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
      (6)   LOCAL STREET. A street which provides direct access to abutting land and local traffic movement, whether in business, industrial or residential land.
      (7)   MARGINAL ACCESS STREET. A local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets. (Also called FRONTAGE STREET or SERVICE ROAD.)
   VICINITY MAP. A drawing located on the plat which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within the city, in order to better locate and orient the area in question.
   WALKWAY. See SIDEWALK.
   ZONE or DISTRICT. A section of the zoning area for which uniform regulations governing the use, height, area, size and intensity of the use of buildings, land and open spaces about buildings, are established.
(Prior Code, § 4)
§ 151.005  SEVERABILITY.
   Should any section or provision of this regulation be declared by the courts to be unconstitutional or invalid, the decision shall not affect the validity of this regulation as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.
(Prior Code, § 5)
§ 151.006  WAIVER FOR SMALL SUBDIVISIONS.
   (A)   The subdivider may make application for, and the Council may grant, a waiver of some or all of the requirements provided for herein for small residential, commercial and industrial subdivisions where the following conditions exist:
      (1)   The subdivision contains no more than four lots, which total area of the lots shall not exceed one-half acre each, and conform to existing zoning ordinances;
      (2)   All lots of the proposed subdivisions shall be platted on existing streets;
      (3)   Surfaces of all streets serving the subdivision meet, or exceed, street surface standards of the city;
      (4)   Public water, sanitary sewer, storm sewer system facilities are available to all lots in the subdivision;
      (5)   The development of the subdivision will not increase erosion or flooding potential; and
      (6)   The subdivider demonstrates to the Council that the development is in conformity with the potential development of abutting property.
   (B)   A subdivider requesting a waiver hereunder shall submit the request in writing to the Council prior to the submission of a preliminary plat. The request for a waiver shall include a list of all requirements for which a waiver is sought by reference to code numbers and descriptive headings.
(Prior Code, § 13)
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