For the purposes of this title, the following terms, phrases and words shall have the meaning given in this chapter:
When not inconsistent with the context, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory, unless the express language of the ordinance provides otherwise. Except as expressly defined herein, words used in this title shall be given their ordinary meaning consistent with common usage and context.
ADT (AVERAGE DAILY TRAFFIC): The average number of cars per day that pass by or through a given location.
ADMINISTRATOR: The building official, public works inspector, planning and zoning administrator, or his/her designee or another official expressly appointed by the mayor to administer all or part of this title.
ALLEY: A right of way designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
APPROACH: The location at which a driveway intersects with a public street.
ARTERIAL ROUTE: See LHTAC manual for highway and street standards.
BERM: A mound of soil, either natural or manmade, used to obstruct views and/or intercept noise, and/or to provide separation.
BICYCLE LANE: A lane at the edge of a roadway reserved and marked for the exclusive use of bicycles.
BICYCLE PATH: A pathway usually separated from the roadway, designed to be used by bicyclers.
BLOCK: A contiguous group of lots within defined boundaries established by plat.
BUFFER: An area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the installation of trees, shrubs, fences and/or berms, designed to provide separation and limit the view of and/or sound transmission from a site to adjacent sites.
COLLECTOR STREET: A street that carries traffic from residential streets to arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
COMMON OPEN SPACE: Land within or related to a development, not individually owned or dedicated for public use, that is designed and intended for the common use of the residents of the development. It may include structures and improvements.
COMPREHENSIVE PLAN: An adopted document that herein may be referred to as a comprehensive plan or comprehensive development plan. The document shall show the general location and extent of present and proposed development, including, but not limited to, housing, industrial and commercial uses, streets, parks, schools and other community facilities.
CONCEPT PLAN: A preliminary presentation and attendant documentation of a proposed subdivision of sufficient accuracy to be used for the purpose of discussion and classification.
CONDOMINIUM: An estate consisting of an undivided interest in common real property, in an interest or interests in real property, or in any combination thereof, together with a separate interest in real property, in an interest or interests in real property, or in any combination thereof.
CONDOMINIUM PLAN: A plat of the ground in a condominium project along with the legal description of the individual ownerships within the project.
CONSTRUCTION IMPROVEMENT AGREEMENT: An agreement that more particularly describes the duties and obligations of the parties for the development of a subdivision or portion of a subdivision. The purpose is to establish specific construction details and guarantees necessary for the timely construction of public infrastructure improvements and such other improvements as may be necessary. The construction improvement agreement may be an addendum to the development agreement.
COVENANT (PROTECTIVE COVENANT): A written promise or pledge.
CUL-DE-SAC: A local street with only one outlet and having the other end for the reversal of traffic movement.
DEDICATION: An act conveying property rights or interests to the public.
DENSITY: The permitted number of dwelling units per gross acre of land to be developed.
DEVELOPER: The legal or beneficial owner or owners of a lot or of any land included in a proposed development. Also, the holder of an option or contract to purchase, or any other person having enforceable proprietary interest in such land.
DEVELOPMENT: A project involving substantial property improvement and, usually, a change of land use character within the site; the act of using land for building or extractive purposes.
DEVELOPMENT AGREEMENT: An agreement setting forth the responsibilities of the city and the developer, conditions applicable to the development and development schedules, entered into after subdivision approval has been granted but prior to construction. Entering into a development agreement shall be a condition of approval of any subdivision unless no improvements are to be made. A development agreement is typically not required for a minor subdivision.
DIVIDED STREET: A street having an island or other barrier separating traffic.
EASEMENT: A grant by a property owner to specific persons or to the public to use land for specific purposes. Also, a right acquired by prescription.
EXCEPTION: Any requested alternative design or change in subdivision ordinance requirements.
FINAL APPROVAL: The official action of the city council taken on an approved subdivision after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed, or guarantees properly posted for their completion.
FINAL PLAT: The final map of all or a portion of a subdivision that is presented for final approval. (See also definition of Plat.)
FLOODPLAIN: The relatively flat area of low land adjoining the channel of a river, stream, lake or other body of water that has been or may be covered by water of a flood of 100- year frequency. The floodplain includes the channel, floodway and floodway fringe, as established per the engineering practices as specified by the army corps of engineers, as follows:
Channel: A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
Flood: The temporary inundation of land adjacent to and inundated by overflow from a river, stream, lake or other body of water.
Flood Of 100-Year Frequency: A flood magnitude that has a one percent (1%) chance of being equaled or exceeded in any given year.
Floodway: The channel or a watercourse and those portions of the floodplain adjoining the channel that are reasonably required to carry and discharge the floodwater of any watercourse.
Floodway Fringe: That part of the floodplain that is beyond the floodway. Such areas will include those portions of the floodplain that will be inundated by a flood of 100- year frequency but which may be developed when such development will not have a significant effect upon the floodwater carrying capacity of the floodway and the floodwater levels. Such areas are characterized by shallow flood depths and low velocities of water flow.
FRONTAGE ROAD: A service street that is parallel to a higher order street that, for purposes of safety, provides access to abutting properties and separation from through traffic.
GENERAL DEVELOPMENT PLAN: A plan outlining general, rather than detailed, development intentions. It describes the basic parameters of a development proposal, rather than giving full engineering details. As such, it allows general intentions to be proposed and discussed without the extensive costs involved in submitting a detailed proposal.
GUARANTEE: See definition of Performance Guarantee.
INFILL DEVELOPMENT: Development that occurs within the boundaries of the city and is most often associated with smaller parcels (2 acres or less) of land skipped over by larger developments or land that falls between larger developments that made use of city utilities from another direction or source. Developments that extend the city's boundaries will not be considered infill development.
LOT: A designated parcel, tract or area of land established by a plat to be used, developed or built upon as a unit.
LOT FRONTAGE: That portion of a lot extending along an adjacent primary platted right of way.
LOT LINE: A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.
LOT LINE ADJUSTMENT: A realignment of boundary lines between adjoining lots where no additional lots are created.
MANUFACTURED HOME: See definition of mobile home in section 11-1-3 of this code.
MARGINAL ACCESS STREET: A service street that is parallel to a higher order street that, for purposes of safety, provides access to abutting properties and separation from through traffic.
MEDIAN: That portion of a divided street separating lanes of traffic proceeding in opposite directions.
MEMORANDUM OF UNDERSTANDING: A document that memorializes the review process and sets forth the conditions of approval of a minor subdivision that is signed by the administrator and the developer after approval by the city council.
MINOR SUBDIVISION: A subdivision containing four (4) or fewer lots and proposing no new streets, extensions to existing streets, and where infrastructure is in place or available.
MOBILE HOME: A detached single-family dwelling unit with all of the following characteristics:
A. Designed for long term occupancy, and combining sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems.
B. Designed to be transported after fabrication on its own wheels, or on flatbed or other trailers or detached wheels.
C. Arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities and the like.
OFF SITE: Not located on the property that is the subject of a development application or on a contiguous portion of a street or right of way.
OFF STREET PARKING SPACE: A parking space provided in a parking lot, parking structure or private driveway.
ON SITE: Located on the lot in question or on the property being developed.
ON STREET PARKING SPACE: A parking space that is located on a dedicated street right of way.
OPEN SPACE: Land, essentially free of structures, set aside, dedicated, designated or reserved for the public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
PARKING LANE: A lane usually located on the sides of streets, designed to provide on street parking.
PERFORMANCE GUARANTEE: Security in a form that serves as a guarantee that the public or identified common improvements required as part of the approval of a development are satisfactorily completed.
PLANNED UNIT DEVELOPMENT SUBDIVISION: A subdivision designed as a combination of residential, commercial and industrial uses planned for a tract of land to be developed as a unit under single ownership or control, which is developed for the purpose of selling individual lots or estates, whether fronting on private or dedicated streets, which may include two (2) or more principal buildings.
PLAT: The reproducible and permanent drawing of a subdivision and dedications and easements, prepared for filing and recording with the county recorder in accordance with state law.
PREAPPLICATION CONFERENCE: A meeting among developers, city staff, and other representatives that affords developers the opportunity to present their proposals informally.
PRIVATE STREET: A street designed, constructed and maintained on private property.
PUBLIC OPEN SPACE: A parcel of land or right of use conveyed or otherwise dedicated to the city, state or county agency, or other public body for recreational or conservation uses by the public.
RESERVE STRIP: A strip of land reserved by a developer for future development and sale. The strip generally lies between a road or easement and the undeveloped property. See section 12-6-16 of this title.
RESIDENTIAL DENSITY: The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.
SITE PLAN REVIEW COMMITTEE: A committee consisting of a representative from the following: traffic safety, street department, sewer department, water department, fire department, affected school district, city engineer, parks department, the affected ditch company, and building and public works construction inspector. The city engineer shall serve as chairperson of the committee and the building and public works construction inspector shall serve as vice chairperson of the committee.
SKETCH PLAN: A rough plan of a proposed subdivision showing the general location streets and lots in enough detail to be reviewed.
SUBDIVISION: The division of a lot, tract, or parcel of land into two (2) or more lots, tracts, parcels, or other divisions of land for sale or development, subject to the exemptions set forth in this title.
SUBDIVISION (MINOR): A minor subdivision is a subdivision of four (4) or fewer lots that create no new streets.
SUBDIVISION APPROVAL: The approval status of a subdivision proposal prior to plat approval after specific elements of a subdivision plan have been approved by the city council.
SUBDIVISION PLAN: A drawing indicating the proposed layout of a development showing locations of rights of way and lots and blocks and related information that is submitted for preliminary approval.
TRIP: A single or one-way vehicle movement to or from a property or study area. "Trips" can be added together to calculate the total number of vehicles expected to enter and leave a specific land use or site over a designated period of time.
UTILITIES: Installations for conducting water, sewage, gas, electricity, television, cable, fiber optics, telephone, stormwater and similar facilities providing service to and used by the public.
WAIVER OF CONDITIONS: A request for special conditions of subdivision approval as requested by an applicant.
WARRANTY GUARANTEE: A percentage of the cost of public subdivision improvements provided as cash in escrow, bond or irrevocable letter of credit to warrant the design, construction materials and workmanship of the improvements for a specified period of time. (2003 Code § 12-02-01)