1. “Abutting” means a common boundary. Land areas separated by a public or private road, highway, street, alley or way, or by a waterway or body of water shall not be construed as abutting herein.
2. “Alley” means a dedicated public right-of-way, other than a street, which provides only a secondary means of access to abutting property.
3. “Aliquot part” means a fractional part of a section within the United States public land survey system. Only the fractional parts one-half (½), one-quarter (¼), one-half (½) of one-quarter (¼) or one-quarter (¼) of one-quarter (¼) shall be considered an aliquot part of a section.
4. “Auditor’s plat” means a subdivision plat prepared at the request of the County Auditor to clarify property descriptions for the purposes of assessment and taxation. Such plats are not intended to satisfy the requirements of this Ordinance.
5. “Block” means an area of land within a subdivision that is entirely bounded by public streets or lands, streams, railroads, unplatted lands or a combination thereof.
6. “Building” means any structure designed or intended for the support, enclosure, shelter or protection of persons, animals or property, but not including signs or billboards.
7. “Building setback line” means the required minimum horizontal distance between the front, rear or side lines of the parcel or tract and the front, rear or side lot line of the building respectively for a particular zoning district. Setback may also be referred to as required yard.
8. “City Engineer” means the City Engineer of Boone, Iowa.
9. “City infraction” means a civil offense punishable by a civil penalty and issued by means of a citation.
10. “City Zoning Ordinance” means the City of Boone, Iowa, Zoning Ordinance.
11. “Cluster lot” means a group of three or more lots, each of which must abut common or dedicated ground on one or more sides and does not necessarily front on a dedicated public street.
12. “Cluster subdivision” means a subdivision permitting dwellings to be clustered or grouped together on smaller lots including provisions for additional open space. The resulting density shall remain the same whether or not cluster subdivisions are used.
13. “Commission” means the Zoning Commission of the City of Boone, Iowa.
14. “Common land or open space” means an area of undivided land or water, or combination thereof, which is owned jointly by all property owners of the subdivision, but not specifically assigned, planned for passive or active recreation, pedestrian access, and the enjoyment and benefit of the owners and occupants of the individual building sites of said development.
15. “Common sewer system” means a central sewer collecting system available to each platted lot and discharged into a treatment plant, the construction and location of which is approved by the appropriate City and/or State agency, and which does not include individual septic systems.
16. “Common water system” means a central water system available to each platted lot from one single source approved by the appropriate City and/or State agency.
17. “Comprehensive development plan” means a general plan for the improvement and development of City of Boone, Iowa, as prepared by the Commission and adopted by the City Council. This document may also be referred to as the Land Use Plan.
18. “Conveyance” means an instrument filed with the County Recorder as evidence of the transfer of title of land, including any form of deed, contract or lease, excluding agricultural farm land leases.
19. “County Assessor” means the Assessor of Boone County, Iowa.
20. “County Auditor” means the County Auditor of Boone County, Iowa.
21. “County Recorder” means the County Recorder of Boone County, Iowa.
22. “County Treasurer” means the County Treasurer of Boone County, Iowa.
23. “Dedication” means a grant to the City of title to land, without compensation.
24. “Design standards and specifications” means all requirements and regulations relating to the design and layout of subdivision as set forth in this Ordinance.
25. “Developer” means the owner or an authorized agent of the land to be subdivided. Consent shall be required from the legal owner of the premises.
26. “Development Director” means the Building Official of the City of Boone, Iowa, and the individual assigned the duty to administer the ordinance by the City Council.
27. “Division” means dividing a tract or parcel of land into two (2) or more parcels of land by conveyance. The conveyance of an easement, other than a public highway easement, shall not be considered a division for the purpose of this Ordinance.
28. “Easement” means a grant by the property owner to the public, a corporation, or persons of the use of a portion of a tract or parcel of land for a specific purpose or purposes.
29. “Easement of access” means an easement, as defined herein, designed primarily to provide access to abutting properties. An easement of access may be a private driveway which is maintained by individuals; however, for the purpose of this Ordinance, shall not be considered to be a public or private street.
30. “Final construction plans” means the maps and detailed drawings of a subdivision which show the specific location and design of improvements to be installed in the subdivision in accordance with the provisions of this Ordinance.
31. “Final plat” means the map or drawing of a subdivision in its final form which is submitted with its accompanying material to the City for approval and which, if approved, will be submitted to the County Recorder for recording.
32. “Forty-acre aliquot part” means one-quarter of one-quarter of a section.
33. “Frontage” means that portion of a tract or parcel abutting upon a street.
34. “Government lot” means a tract, within a section, which is normally described by a lot number as represented and identified on the township plat of the United States public land survey system.
35. “Grade” means the slope of a street or other surfaces, specified in percentage terms.
36. “Hard-surfaced” means PCC or ACC pavement or concrete surfacing.
37. “Improvement agreement” means a written agreement signed by an applicant and authorized agents of the City whereby the applicant agrees to undertake performance of those obligations imposed by the regulations, or agrees to undertake additional public facility improvements in exchange for such consideration of development rights as may be contained in the agreement and as authorized by the City, and containing such other terms and provisions and in such form as shall be acceptable to the City. Specifically, an improvement agreement is to be entered into after the sketch plan review but before the preliminary plat submission.
38. “Lot” means, for the purpose of this Ordinance, a tract of land represented and identified by parcel number designation on an official plat as approved by the Development Director. In no case shall a parcel of land conveyed under a lease be construed as a lot, unless said lot has been platted as a lot in an approved subdivision. The conveyance of an agricultural farmland crop lease shall not be construed as creating a parcel.
39. “Lot frontage” means that portion of a tract or parcel of land which abuts a street. Each side of a lot so abutting a public street shall be considered as a separate lot frontage. The frontage of a lot or lots shall be measured along the street right-of-way line.
40. “Lot improvements” means any building, structure, place, work of art, or other object, or improvement of land on which they are situated constituting a physical betterment of real property, or any part of such betterment. Certain lot improvements shall be properly bonded as provided in this Ordinance.
41. “Lot lines” means the property lines bounding a tract or parcel.
A. “Front lot line” means the lot line separating the front of the tract or parcel from the street. However, for purposes of determining tract or parcel requirements in cases where the front lot line is located within a street or highway right-of-way or easement of access, the street right-of-way line shall be used. In the case of a corner lot, that part of the tract or parcel having the narrowest frontage on any street is considered the front lot line.
B. “Rear lot line” means the lot line which is opposite and most distant from the front lot line. In the case of an irregular, triangular or odd shaped tract or parcel, it means a straight line 10 feet in length which is parallel to the front lot line or its chord and intersects the two other lot lines at points most distant from the front lot line.
C. “Side lot line” means any lot line other than a front or rear lot line; a side lot line separating a tract or parcel from a front or rear lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.
42. “Lot measurements” – For the purposes of this Ordinance the following lot measurements shall apply:
A. “Lot area” means the gross horizontal area within the lot lines of a lot, exclusive of any area contained within a street or highway right-of-way easement or easement of access.
B. “Lot depth” means the mean horizontal distance between the front and rear lot lines. In the case of an irregular, triangular or odd shaped lot, the depth shall be the horizontal distance between the midpoints of the front and rear lot lines.
C. “Lot width” means the horizontal distance between the side lot line as measured perpendicular to the line comprising the lot depth at its point of intersection with the required minimum front yard setback. In the case of a “flag” or “cul-de-sac” lot, the horizontal distance between the side lot lines as described above shall be measured at its point of intersection with the front most portion of the proposed principal structure. In the case where the width of a tract or parcel is decreasing from front to rear, the horizontal distance between the side lot lines as described above shall be measured at its point of intersection with the required minimum rear yard setback.
43. “Lot of record” means a lot which is part of a subdivision recorded in the office of the County Recorder, or an Auditor’s Subdivision lot, a tract, or a parcel, the description of which has been so recorded in the Office of the County Recorder prior to the effective date of this Ordinance or has been approved by the Development Director but not yet recorded within a year of the approval.
44. “Lot types” – For the purpose of this Ordinance the following types of lots are defined:
A. “Corner lot” means a lot located at the intersection of two or more streets, having the street right-of-way abut the front and one or more side lines of the lot. A lot abutting on a curbed street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
B. “Double frontage lot” means a lot, other than a corner lot, having frontage on two or more non-intersecting streets.
C. “Flag lot” means an interior lot which is generally located behind other lots and which would be a land-locked area of land if not for a narrow strip of land, used exclusively for access purposes, connecting the area with a public street. The minimum bulk requirements for a flag lot, excluding the strip, shall be the same as required for other lots within the zoning district.
D. “Interior lot” means a lot, other than a corner lot, having frontage on only one street.
45. “Metes and bounds description” means a description of land that uses distances and angles, distances and bearings, or describes the boundaries of a parcel by reference to physical features of the land.
46. “Nonresidential subdivision” means a subdivision whose intended use is other than residential, such as commercial or industrial. Such subdivision shall comply with the applicable provisions of this Ordinance.
47. “Official plat” means a subdivision plat that meets the requirements of this Ordinance and has been approved under the terms of this Ordinance. For the purpose of this Ordinance, a subdivision plat approved under the terms of the Subdivision Regulations, effective July 1, 2008, entitled “Plats, Subdivision, Re-subdivision or Dedications” shall be considered an official plat.
48. “Owner” means the holder of legal title including holders of any equitable interest, such as trust beneficiaries, contract purchasers, option holders, lessees, and the like. Whenever a statement of ownership is required by this Ordinance, full disclosure of all legal and equitable interests in the property is required.
49. “Parcel” means a part of a tract of land.
50. “Pedestrian walkway” means a strip of land dedicated for public use which is reserved across a block for the purpose of providing pedestrian access to adjacent areas.
51. “Performance guarantee” means a contract between the City and a developer which assures that the developer will bear the cost of all required infrastructure improvements and maintenance to said improvements. This may also include a bond which includes the following: any form of security including a letter of credit, a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the City Council.
52. “Planned Residential Development” means a project of a single owner or a group of owners acting jointly, involving a related group of residential and commercial uses and associated uses, planned as a single land use unit rather than as an aggregation of individual activities located on separate lots. The Planned Residential Development includes usable, functional, open space for the mutual benefit of the entire tract and is designed to provide variety and diversity through the variance of normal zoning and subdivision standards so that maximum long-range benefits can be gained and the unique features of the development or site is preserved and enhanced, while still being in harmony with the surrounding neighborhood. Approval of a Planned Residential Development does not eliminate the need of compliance with the provisions of this Ordinance.
53. “Plat” means a subdivision as it is represented by a formal document of maps or drawings, and writing.
54. “Plat of survey” means the graphical representation of a survey of one or more parcels of land, including a complete and accurate description of each parcel within the plat, prepared by a registered land surveyor, in accordance with Chapter 354, Code of Iowa, as amended.
55. “Preliminary plat” means a map or drawing which shows the proposed layout and construction of a subdivision and its proposed improvements in sufficient detail to indicate its workability in all respects, and which is submitted with its accompanying material to the City for approval, but is not drafted in final form for recording.
56. “Proprietor” means a person who has a recorded interest in land, including a person selling or buying land pursuant to a contract, but excluding persons holding a mortgage, easement or lien interest.
57. “Protective covenants” means contracts entered into between private parties and which constitute restrictions of all private property within the subdivision for the benefit of property owners against the lessening of property values.
58. “Public improvement” means any street surface material, curbs, gutters, sidewalks, water or sewer systems, storm sewers or drainage systems, lot or street grading, street lighting, street signs, plantings or other items constructed for the welfare of the property owners and the public which the City may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for maintenance and operation, or which may affect an improvement for which City responsibility is established. All such improvements shall be properly bonded.
59. “Quarter-quarter section” means the northeast, northwest, southeast or southwest quarter of a quarter section delineated by the United States Government system of land survey and which is approximately forty (40) acres in size.
60. “Registered engineer” means a registered engineer authorized and licensed by the State of Iowa.
61. “Registered land surveyor” means an Iowa registered land surveyor who engages in the practice of land surveying pursuant to Chapter 542B, Code of Iowa, as amended.
62. “Repeat offense” means a recurring violation of the same section of the City of Boone, Iowa, Subdivision Ordinance.
63. “Re-subdivision/replat” means any subdivision of land which has previously been included in a recorded plat. In appropriate context it may be a verb referring to the act of preparing a plat of previously subdivided land. Re-subdivision/replats shall follow the same procedure as set forth for a minor or major subdivision, whichever may be applicable.
64. “Right-of-way” means the land area, the right to possession of which is secured or reserved for public purposes.
65. “Sketch plan” means a freehand sketch drawing which depicts the proposed division of a tract of land, which meets the requirements of this Ordinance.
66. “Soil Conservation District” means the Soil Conservation District Offices for City of Boone, Iowa.
67. “Street” means a public way designed and used for passage of vehicles. “Street” does not include any alleys or highways.
68. “Street classification” – All streets shall be classified as one or more of the following, in accordance with the adopted street classification map:
A. “Public street, hard-surfaced” means a street which has a full-depth surfacing consisting of PCC or ACC constructed in accordance with appropriate City regulations.
B. “Streets, arterial” means those streets which provide for a rapid movement of concentrated volumes of traffic over relatively long distances, including:
1 Freeways and Expressways. Streets or highways which include the major interstate and interregional traffic corridors and provide the highest mobility level and a high degree of access control.
2 Principal Arterial. A street intended for the movement of traffic to and from major traffic generators such as the Downtown or Highway Business areas, the University area, major industrial areas, or as a route for traffic between communities and that accommodates a high degree of mobility with a high degree of access control.
3 Minor Arterials. Streets intended to collect and distribute traffic in a manner that is designed to serve low intensity traffic generating areas such as neighborhood commercial areas, education facilities, churches or designed to carry traffic from collector streets to principal arterials with a high degree of access control.
C. “Street, collector” means a street intended to move traffic from local streets to arterial streets. These streets provide for movement at moderate speeds and provide a direct route between activity centers with a lesser degree of access control than arterial streets.
D. “Street, local” means a street designed for low speeds and low intensity traffic volumes intended to provide access to private property, and also to move traffic to and from low generating areas to collector and arterial streets.
E. “Cul-de-sac” means a local street closed at one end with a turn-around.
F. “Dead end” means a local street with only one vehicular traffic outlet.
G. “Frontage road” means a local street that parallels and is adjacent to an arterial street, and that is separated from the through traffic on the arterial street.
69. “Street right-of-way line” means the boundary line of a street.
70. “Subdivision” means the division of land on or after July 1, 2008, into two (2) or more lots, parcels, or other divisions of land for the purpose, whether immediate or future, of transfer of ownership, building development or lease. The term includes re-subdivision and when appropriate to the context, shall relate to the process of subdividing or the land subdivided.
A. “Major subdivision” means all subdivisions not classified as either a property line adjustment, property split, or minor subdivision, including but not limited to any size subdivision requiring new streets, or the extension of any public facilities, or the creation of any public improvements.
B. “Minor subdivision” means a subdivision of land which meets the following criteria:
1 All new lots shall front on and have direct access from an existing public street which meet minimum design standards.
2 All new parcels proposed to incorporate new access points to a public road shall first have access approval from the City Engineer.
3 No new public street shall be created or sought to be dedicated or contemplated to project through the proposed subdivision.
4 No more than five parcels shall be created. The creation of more than five lots and/or parcels shall require the platting of a major subdivision.
5 No new lot shall conflict with any provisions or portion of the City Zoning Ordinance or this Ordinance.
C. “Property split” means a subdivision of a tract which meets the following criteria:
1 No more than two parcels are created.
2 No new parcel shall conflict with any provision or portion of the City Zoning Ordinance or this Ordinance.
D. “Property line adjustment” means a subdivision of one or more lots or parcels which meets the following criteria:
1 No additional lots or parcels shall be created.
2 No part of the divided lot or parcel of land will be transferred to anyone but the owner or owners of a lot or parcel of land abutting that part of the divided lot or parcel of land to be transferred.
3 No new lot or parcel shall conflict with any provision or portion of the City Zoning Ordinance or this Ordinance.
71. “Subdivision plat” means the graphical representation of the subdivision of land, prepared by a registered land surveyor, having a number designation for each lot within the plat and a succinct name or title that is unique for the City, as approved by the County Auditor, and which meets the requirements of the Ordinance and has been approved in accordance with this Ordinance.
72. “Tract” means an aliquot part of a section, a lot within an official plat, or a government lot.
73. “Vacate” or “vacation” means to make void or annul.
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