For the purpose of these regulations, certain numbers, abbreviations, terms and words used herein shall be used, interpreted and defined as hereinafter set forth. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; the word “herein” means “in these regulations”; the word “regulations” means “these regulations”; a “person” includes a corporation, a partnership and an incorporated association of persons such as a club; “shall” is always mandatory; a “building” includes a “structure”; a “building” or “structure” includes any part thereof; “used” or “occupied” as applied to any land or building, shall be construed to include the words “intended, arranged or designed to be used or occupied”.
AIR RIGHTS. The rights to the air space above a property, for development.
AIR SPACE. The space above the land which might be subject to division and sale either with, or separate from, the surface.
APPEAL. A request for a review of the Municipal Building Inspector’s interpretation of any provision of the city’s regulations or a request for a variance.
AREA OF SHALLOW FLOODING. A designated AO, AH or VO Zone on the community’s flood insurance rate map (FIRM), with a 1% chance or greater annual chance of flooding to an average depth of one to three feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD. The land in the floodplain within the community subject to a 1% or greater chance of flooding in any given year. The area may be designated as ZONE A on the flood hazard boundary map (FHBM). (After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, A1-99, VO, V1-30, VE or V.)
BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year.
BLOCK. A parcel of land, intended to be used for development purposes, which is entirely surrounded by public streets, highways, railroad rights-of-way, public walks, parks, rural lands, drainage channels or boundary lines of municipalities.
BOND. Any form of security, including a cash deposit, surety bond, collateral, property or instrument of credit, in an amount and form satisfactory to the Cache, Oklahoma, City Council; all bonds shall be approved by said City Council whenever a bond is required by these regulations.
BUILDING. Any structure built for the support, shelter or enclosure of persons, animals, chattel or movable property of any kind (including any structure).
BUILDING CODE. A collection of regulations, adopted by the Cache, Oklahoma, City Council, setting forth standards for the construction of buildings and other structures, for the purpose of protecting the health, safety and welfare of the public.
BUILDING OR SETBACK LINE. A line or lines within a lot designating the area outside of which buildings may not be erected.
BUILDING PERMIT. The permit required before construction can be initiated; BUILDING PERMIT provisions are contained in the code of ordinances for the city.
CHANNEL. A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
CITY COUNCIL. The term shall mean the official governing body of the City of Cache, Oklahoma.
CLUSTER DEVELOPMENT. A development pattern in which densities and/or uses are “clustered” rather than spread evenly throughout a parcel as in conventional lot-by-lot development. (CLUSTER DEVELOPMENT is used to preserve open space, create workable land use mixtures and save money by building fewer streets and shorter utility lines.)
CODE OF ORDINANCES. The officially adopted code of ordinances of the City of Cache, Oklahoma.
COMPREHENSIVE PLAN. The officially adopted comprehensive or community plan or plans for the City of Cache, Oklahoma, which provide(s) long-range development policies for the area subject to development in the foreseeable future.
CONSTRUCTION PLANS. Maps or drawings accompanying a subdivision plat, showing the specific location and design of required subdivision improvements.
CRITICAL FEATURE. An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
DEDICATION. A transfer of property from private to public ownership.
DEDICATION, FEE IN LIEU OF. Payments of cash, authorized and provided for in these adopted subdivision regulations, when requirements for mandatory dedication of land cannot be met because of site conditions or other reasons.
DENSITY. The average number of families, persons or housing units per acre of land.
DEVELOPMENT. Any human-made change in improved and unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
DRAINAGEWAY. Any depression below the surrounding land, serving to give direction to a regular or periodic current of water.
EASEMENT. A grant by the property owner to the public, a corporation or persons, of the use of a strip of land for specific purposes.
ELEVATED BUILDING. A non-basement building built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X and D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, Ve or V, to have the bottom of the lowest horizontal structure member of the elevated floor, above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor or the water; and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X and D, ELEVATED BUILDING also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V1-30, Ve or V, ELEVATED BUILDING also includes a building otherwise meeting the definition of ELEVATED BUILDING, even through the lower area is enclosed by means of breakaway walls, if the breakaway walls meet the standards of 44 C.F.R. § 60.3(e)(5) of the national flood insurance program (NFIP) regulations.
EROSION. The general process whereby soils are removed or moved by flowing surface or subsurface water.
EXISTING CONSTRUCTION. For the purposes of determining rates, structures for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. EXISTING CONSTRUCTION may also be referred to as EXISTING STRUCTURES.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas adjacent to stream channels, resulting from the overflow of such streams, rivers or other inland waterways, or the unusual and rapid runoff or accumulation of surface waters from any source.
FLOOD HAZARD AREA. The maximum area of the floodplain that, on the average, is likely to be flooded once every 100 years (in other words, that has 1% chance of being flooded in any given year).
FLOOD INSURANCE RATE MAP (FIRM). An official map of the City of Cache, Oklahoma, on which the Federal Emergency Management Agency (FEMA) has delineated both the areas of special flood hazards and the risk premium ones applicable to said community.
FLOOD INSURANCE STUDY. The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevations of the base flood, as well as the flood hazard boundary-floodway maps.
FLOODPLAIN or FLOOD-PRONE AREA. Any land area susceptible to being inundated by water from any source. See definition of FLOODING.
FLOODPLAIN MANAGEMENT PROGRAM. The full range of codes, ordinances and other regulations, projects and programs relating to the use of land and construction within the limits of the floodplain; the term encompasses the city’s zoning ordinance, subdivision regulations and Sanitary and Building Codes.
FLOOD PROTECTION SYSTEM. Those physical structural works for which funds have been authorized, appropriated and expended, and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a special flood hazard and the extent of the depths of associated flooding. Such a SYSTEM typically includes, dams, reservoirs, levees or dikes. These specialized flood-modifying works are those constructed in conformance with sound engineering standards.
FLOODWAY (REGULATORY FLOODWAY). The channel of a river or other watercourses and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
FRONTAGE. The side of a lot abutting on a street or way and ordinarily regarded as the front of the lot, but not the ordinary side of a corner lot.
FUNCTIONALLY DEPENDENT USE. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water.
GRADE. The slope of a road, street or other public way, specified in percentage (%) terms.
HABITABLE FLOOR. Any floor usable for the following purposes, including working, sleeping, eating, cooking or recreation areas, or a combination thereof; a floor used for storage purposes only is not a HABITABLE FLOOR.
HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface prior to construction, next to the proposed walls of a structure.
IMPROVEMENTS. Street pavements, curbs, pedestrian ways, water mains, sanitary and storm sewers, monuments, trees and other appropriate items for which the city may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which municipal responsibility is established. All such IMPROVEMENTS shall be properly bonded, in accordance with the provisions of these regulations.
INTENSITY. The degree to which land is used. (Often used synonymously with DENSITY.)
LEVEE. A human-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM. A flood protection system which consists of a levee or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
LOT. A parcel of land, intended as a unit for the transfer of ownership or for development, of at least sufficient size to meet minimum zoning ordinance requirements for use, coverage and area, and to provide such yards and other open spaces as are required. Such LOT shall have frontage on a public street and may consist of:
a. A single lot of record;
b. A portion of a lot of record;
c. A combination of complete lots of record, of complete lots of record and portions of lots of record; or
d. A parcel of land described by metes and bounds; provided, that, in no case of division or combination shall any lot or parcel be created which does not meet the requirements of these regulations or the city’s adopted zoning ordinance.
LOT AREA. The total horizontal area included within lot lines.
LOT DEPTH. The average distance from the street line of the lot to its rear line, measured in the general direction of the side lines of the lot.
LOT FRONTAGE. The dimension of a lot, or portion of a lot, abutting on a street, except the side dimension of a corner lot.
LOT LINE ADJUSTMENT. A relocation of the lot lines of two or more lots, included in a plat which is filed of record, for the purpose of making necessary adjustments to building sites.
LOT LINES. The lines bounding a lot as defined herein.
LOT OF RECORD. A separate and distinct parcel of land, designated on a legally-recorded subdivision plat or legally-recorded deed, filed in the records of the County Courthouse.
LOT SPLIT. Any division of land by metes and bounds description into two or more parcels for the purpose, whether immediate or future, of transfer of ownership, and which constitutes a subdivision, as herein defined.
LOT, CORNER. A lot located at the intersection of, and abutting on, two or more streets.
LOT, DOUBLE FRONTAGE. A lot which runs through a block from street to street and has non-intersecting frontage on two or more streets.
LOT, INTERIOR. A lot other than a corner lot.
LOT, MOBILE HOME. A parcel or tract of land for the placement of a single mobile home and for the exclusive use of its occupants.
LOT, REVERSE FRONTAGE. A double frontage lot which is designed to be developed with the rear yard abutting a major street and with the primary means of access provided on a minor street.
LOT, TOWNHOUSE. A lot shown on a townhouse plat and intended as the site of a single, attached dwelling unit.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking for vehicles, building access or storage in an area other than a basement area, is not considered a building’s lowest floor; provided, that, such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of 44 C.F.R. § 60.3 of the national flood insurance program (NFIP) regulations.
MANUFACTURED HOUSING. A dwelling unit fabricated on or after June 15, 1976, in an off-site manufacturing facility, for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974, being 42 U.S.C. Chapter 70, §§ 5401 et seq. The three types of manufactured housing are defined as meeting all of the requirements listed below, and all three types are to be considered as being separate from mobile or modular housing:
a. TYPE I MANUFACTURED HOUSING shall:
(1) Have more than 1,000 square feet of occupied space in a typically double-section or large multi-section unit, with a minimum width of 20 feet;
(2) Be placed onto a permanent foundation, and be anchored to the ground, in accordance with the city’s Foundation Code or other adopted foundation requirements, and the manufacturer’s specifications;
(3) Utilize a permanent perimeter enclosure, in accordance with municipally-approved installation standards;
(4) Have wheels, axles and hitch mechanisms removed;
(5) Have all utilities connected, in accordance with the appropriate municipal codes and the manufacturer’s specifications;
(6) Have siding material of a type customarily used on site-built residences in the community and neighborhood;
(7) Have a roofing material of a type customarily used on site-built residences in the community and neighborhood;
(8) Have a covered and/or enclosed parking garage, which is compatible with other housing in the immediate area; all parking and driveway areas shall be hard-surfaces;
(9) Have legitimate front and rear doors; and
(10) Have a minimum eave width of six inches.
b. TYPE II MANUFACTURED HOUSING shall:
(1) Have more than 720 square feet of occupied space in a single, double, expando or multi-section unit (including those with add-a-room units);
(2) Be placed onto a permanent foundation, and be anchored to the ground, in accordance with the city’s Foundation Code or other adopted foundation requirements, and the manufacturer’s specifications;
(3) Utilize a permanent perimeter enclosure, in accordance with municipally-approved installation standards;
(4) Have wheels, axles and hitch mechanisms removed;
(5) Have all utilities connected, in accordance with the appropriate municipal codes and the manufacturer’s specifications;
(6) Have siding material of a type customarily used on site-built residences in the community and neighborhood;
(7) Have a roofing material of a type customarily used on site-built residences in the community and neighborhood;
(8) Have a 100 square foot (minimum), attached, covered and/or enclosed parking garage, which is compatible with other housing in the immediate area; all parking and driveway areas shall be hard-surfaces;
(9) Have legitimate front and rear doors; and
(10) Have a minimum eave width of six inches.
c. TYPE III MANUFACTURED HOUSING shall:
(1) Have more than 400 square feet of occupied space, in a single, double, expando or multi-section unit (including those with add-a-room units);
(2) Be placed onto a support system, in accordance with municipally-approved installation standards;
(3) Be enclosed with foundation siding or skirting, in accordance with municipally- approved installation standards;
(4) Be anchored to the ground, in accordance with the manufacturer’s specifications and the city’s appropriate, adopted code; and
(5) Have utilities connected, in accordance with appropriate municipal requirements and the manufacturer’s specifications.
MEAN SEA LEVEL. For purposes of the national flood insurance program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community’s flood insurance rate map (FIRM) are referenced.
METES AND BOUNDS. A system of describing and identifying land, by measures (metes) and direction (bounds), from an identifiable point of reference.
MOBILE HOME. Any single-family dwelling designed for transportation on streets and highways on its own wheels or on flatbed or other trailers (both highway and rail,) and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or permanent foundations, connection to utilities and similar operations.
MOBILE HOME PARK. Land or property which is used, or intended to be used, or rented for occupancy by, two or more mobile homes, trailers or movable sleeping quarters of any kind.
MOBILE HOME SUBDIVISION. See SUBDIVISION.
MODULAR HOME. A factory-fabricated, transportable building unit, not built on a permanent chassis, designed to be used by itself or to be incorporated with similar units on a permanent foundation; the term is intended to apply to major assemblies and does not include prefabricated sub-elements incorporated into a structure at the site. All of the following conditions must be certified (in writing) by the manufacturer of the MODULAR HOME:
a. The structure is designed only for erection on a site-built, permanent foundation;
b. The structure is not designed to be moved once erected or installed a site-built, permanent foundation;
c. The structure is designed and manufactured to comply with the city’s adopted Building Code; and
d. The structure is not designed, to the manufacturer’s knowledge, to be used other than on a site-built, permanent foundation.
MONUMENT or MARKER. A subdivision improvement, designed to provide permanent survey reference points within a subdivision, which may be of one of three types:
a. TYPE “A”. A non-corrosive metal plate set in portland cement or asphaltic concrete;
b. TYPE “B”. Iron bar or pipe set in concrete; or
c. TYPE “C”. Iron bar set in unexcavated soil.
NEW CONSTRUCTION. For floodplain management purposes, structures for which the start of construction commenced on or after the effective date of the floodplain management regulations adopted by the community.
ONE-HUNDRED (100) YEAR FLOOD. A flood of a frequency expected to occur on the average of once every 100 years, or a flood magnitude which has a 1% chance of occurring in any given year.
PARCEL. A lot or contiguous group of lots, in single ownership or under single control, and usually considered as one part for purposes of development.
PEDESTRIANWAY. A right-of-way, dedicated to public use, intended to facilitate pedestrian access to streets and properties.
PLANNED DEVELOPMENT. A form of development usually characterized by a unified site design for a number of housing units, and incorporating such techniques as clustering structures, providing common open space, density increases and a mix of building types and land uses. (This permits the planning of a project and the calculation of densities over the entire development rather than on an individual lot-by-lot basis.)
PLANNING COMMISSION. The Municipal Planning Commission of the City of Cache, Oklahoma.
PLAT, FINAL. A map of a land subdivision, and any required accompanying material, prepared in a form suitable for filing of record, with necessary affidavits, dedications and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets and alleys, public areas and other dimensions of land.
PLAT, PRELIMINARY. A map of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed subdivision of land.
PRIVATE OR RESTRICTIVE COVENANTS. A private legal restriction on the use of land, contained in the deed to the property, or otherwise formally recorded.
RE-SUBDIVISION. A change in an approved or recorded subdivision plat, if such change affects any street layout, lot line or area reserved thereon for public use, or if it affects any map or plat legally recorded prior to the adoption of any regulations controlling subdivision.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees or another special use. The usage of the term RIGHT-OF-WAY for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat, is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. RIGHTS-OF-WAY intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees or any other use involving maintenance by a public agency, shall be dedicated to public use by the maker of the plat on which such RIGHT-OF-WAY is established.
ROADWAY. The portion of any street so designated for vehicular traffic; where curbs are in place, that portion of the street between the curbs.
SEDIMENTATION. Processes that operate at or near the surface of the ground to create deposits of oils, debris and other materials, either on other ground surfaces or in water channels.
SOLAR COLLECTOR.
a. Any device or combination of devices or elements which rely upon sunshine as an energy source. The term also includes any substance or device which collects solar energy for use in:
(1) The heating or cooling of a structure of building;
(2) The heating or pumping of water;
(3) Industrial, commercial or agricultural processes; or
(4) The generation of electricity.
b. A
SOLAR COLLECTOR may be used for purposes in addition to the collection of solar energy. These uses include, but are not limited to, serving as a structural member, or part, of a roof of a building or structure and serving as a window or wall.
SOLAR RIGHT. A right to an unobstructed line-of-sight path from a solar collector to the sun, which permits radiation from the sun to impinge directly on the solar collector.
START OF CONSTRUCTION: FLOOD-PRONE AREAS. As applied in flood-prone areas (for other than new construction or substantial improvements under the Coastal Barrier Resources Act, being 16 U.S.C. §§ 3501 et seq., includes substantial improvement and means the date the building permit was issued, provided the actual START OF CONSTRUCTION, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The ACTUAL START means either the first placement or permanent construction of a structure on a site, such as the pouring of a slab, the installation of piles, the construction of columns or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. PERMANENT CONSTRUCTION does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basements, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the ACTUAL START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
START OF CONSTRUCTION: NON-FLOOD-PRONE AREAS. As applied in non-flood-prone areas, shall mean the first placement of permanent construction on a site, such as the pouring of footings or any work beyond the stage of excavation. For a structure without a basement of poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its pilings or foundation, or the affixing of any prefabricated structure or mobile home to its permanent site. Permanent construction (except in identified flood hazard areas) does not include: land preparation, land clearing, grading or filling or excavation for basement, footings, piers or foundations; or erection of temporary forms; or the installation of piling under proposed subsurface footings; or installation of sewer, gas and water pipes, or electric or other service lines from the street; or existence on the property of service lines from the street; or existence on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not a part of the main structure; in flood-hazard areas only, START OF CONSTRUCTION shall include all of the above.
STREET. Any public or private right-of-way which affords the primary means of access to abutting property.
STREET CLASSIFICATION. For the purpose of providing for the development of the streets, highways, roads and rights-of-way in the city and for their future improvement, reconstruction, re-alignment and necessary widening (including provision for curbs and sidewalks), each existing street, highway, road and right-of-way has been designated in the comprehensive plan of the city and classified therein. The classification of each street, highway, road and right-of-way is based upon its location in the respective zoning districts of the city, its present and estimated future traffic volume and its relative importance and function, as specified in the city’s comprehensive plan. The required street and sign improvements shall be provided as set forth for each classification in the adopted subdivision regulations and/or the city’s comprehensive plan or capital improvements program.
STREET, COMMERCIAL OR INDUSTRIAL. A street which abuts property zoned for commercial or industrial use and which is designed to provide access to those parcels so designated.
STREET, HALF. Any street platted 25 feet or more in width, where, at the time of the approval of the plat, it is the intent of the City Council that said street dedication shall constitute only a part of the total street easement width.
STREET, MAJOR. An arterial street which is so designated on the major streets plan or comprehensive plan, and is designed to carry inter-city traffic and to relate the various neighborhoods or residential areas within the city shall be classified as follows.
a. LIMITED ACCESS HIGHWAY. A freeway or expressway providing a trafficway for through traffic, in respect to which owners or occupants of abutting property or lands, and other persons, have no legal right to access to or from the same, except at such points and in such manner as may be determined by the State Department of Transportation.
b. PRIMARY ARTERIAL or THOROUGHFARE. A roadway intended to move through traffic to and from major traffic generators, or as a route for traffic between communities or employment centers.
c. SECONDARY ARTERIAL or THOROUGHFARE. A road intended to collect and distribute traffic in a manner similar to primary arterials, except that these roads service minor traffic generating areas, or a road which may be designated to carry traffic from collector streets to the system of primary arterials.
STREET, MINOR. Any street or right-of-way other than one designated as a major street in the major streets plan or the comprehensive plan; but not including alleyways. MINOR STREETS shall be classified as follows.
a. ALLEY. A minor right-of-way, dedicated to public use, from which a secondary means of access to the back or side of properties otherwise abutting a street is obtained, and which may be used for public utility purposes.
b. COLLECTOR STREET. A street collecting traffic from other minor streets; serves as the most direct route to a major street or community facility and should be designed so that no residential properties front onto it.
c. COURT. A secondary designation following a street name, used only when street alignment is such that a short street is created that does not warrant a new street name.
d. CUL-DE-SAC. A street having one end open to vehicular traffic and one closed end, terminated by a turnaround.
e. DEAD-END-STREET. A street, similar to a cul-de-sac, but providing no turnaround at its closed end.
f. FRONTAGE OR SERVICE STREET. A street auxiliary to, and located on, the side of a major street for service to abutting properties and adjacent areas and for control of access.
g. LOCAL STREET. A street primarily providing access to and from abutting property and serving only occasional through traffic.
h. PLACE. A secondary designation following a street name, used only when street alignment is such that a short street is created that does not warrant a new street name.
STREET, PERIMETER. Any existing street which the parcel of land to be subdivided abuts on only one side.
STRUCTURE. A walled and roofed building, including a gas or liquid storage tank, that is principally above-ground, and shall include a manufactured home.
SUBDIVIDER or DEVELOPER. Any person, firm, partnership, corporation or other entity acting as a unit, subdividing, proposing to subdivide or re-subdividing land as herein defined, including all changes in street or lot lines.
SUBDIVISION. The division or re-division of land (vacant or improved) or airspace, into two or more lots, tracts, parcels, sites, areas, units or plots, any one of which, when divided, has an area of less than ten acres, for the purpose of transfer of ownership or for development, or the dedication, vacation or realignment of any public or private right-of-way easement. SUBDIVISION shall be classified as follows.
a. MAJOR. All subdivisions not classified as minor subdivisions, including, but not limited to, subdivisions of four or more lots, or any size subdivision requiring any new street or extension of municipal facilities, or the creation of any public improvements.
b. MINOR. Any subdivision containing not more than three lots fronting on an existing street, involving any new street or road, or the extension of municipal utilities or facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the comprehensive plan, zoning ordinance or these regulations. A lot split or lot line adjustment shall be considered a MINOR SUBDIVISION.
c. MOBILE HOME. A unified development of mobile home lots, which has been subdivided for the purpose of individual ownership, and which is governed by the provisions of these regulations, the city’s adopted zoning ordinance and the code of ordinances for the city.
d. NONRESIDENTIAL. A subdivision whose intended use is other than residential, such as commercial or industrial.
SUBDIVISION REGULATIONS. The officially adopted subdivision regulations for the City of Cache, Oklahoma, designed to provide standards for the subdivision of land within the jurisdictional area of the Planning Commission of said municipality.
SUBSTANTIAL IMPROVEMENT.
a. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
(1) Before the improvement or repair is started; or
(2) If the structure has been damaged and is being restored, before the damage occurred.
b. For the purpose of this definition
SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
c. The term does not, however, include either:
(1) Any project for improvement of a structure to comply with existing state or local Health, Sanitary or Safety Code specifications which are solely necessary to assure safe living conditions; or
(2) Any alteration of a structure listed on the National Register of Historic Places, the State Register of Historic Places.
TEMPORARY IMPROVEMENT. Improvements built and maintained by a subdivider during construction of the subdivision, prior to the release of the performance bond, or its equivalent.
TOWN. The City of Cache, Oklahoma.
TOWNHOUSE. One of a series of two or more attached dwelling units, separated from one another by continuous, vertical walls without openings from basement floor to the roof deck and tight against the same or through the roof, and which are intended to have ownership transferred in conjunction with a lot platted in accordance with state law and/or the city’s adopted subdivision regulations.
TREE CROWN. The outside diameter of a tree’s branches.
VARIANCE. A grant of relief to a person from the requirements of this chapter, when specific enforcement would result in unnecessary hardship. A VARIANCE, therefore, permits construction or development in a manner otherwise prohibited by these regulations.
VIOLATION. The failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 C.F.R. § 60.3 (b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4) or (e)(5) of the NFIP regulations, is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION. The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitude and frequencies in the floodplains of riverine areas.
WAY. Any street, avenue, highway, boulevard, road or alley reserved and/or dedicated for public or private use, chiefly by vehicular or pedestrian traffic.
ZERO LOT LINE. A flexible development approach in which a building is sited on one or more lot lines with no yard (conceivably, three of the four sides of the building could be on the lot lines), in order to allow more flexibility in site design and to increase the amount of usable open space on the lot.
ZONING ORDINANCE. The officially adopted zoning ordinance for the City of Cache, Oklahoma.