As used in the Subdivision Ordinance:
(1) "Alley" means a right of way, not over twenty (20) feet in width, dedicated to public use, other than a street, place, road, crosswalk or easement, designed to provide a secondary means of access for the special accommodation of the property it reaches.
(2) "Bench mark" means a monument for which an accurate elevation has been established and shown on the plat or as defined by the United States Geological Survey.
(3) "Block" means property having frontage on one side of a street and lying between the two nearest intersecting or Intercepting streets, or nearest intersecting or intercepting street and railroad right of way, waterway or other barrier.
(4) "Building" means a structure having a roof supported by columns or walls, including porches and breezeways when roofed, for the shelter, support, enclosure or protection of persons, animals, chattels or property. When separated by party walls, without opening through such walls, each portion of such a building shall be considered a separate structure.
(5) "Building setback line" means the line indicating the minimum horizontal distance between the right of way of any existing or proposed street, and a part of any building except an eave or cornice over not exceeding four feet.
(6) "City Engineer" means the duly designated City Engineer of the City.
(7) "City Finance Director" means the duly designated Finance Director of the City.
(8) "Clear sight triangle" means an area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of street right of way lines.
(9) "Dedication" means the deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.
(10) "Development" means any activity, other than normal agricultural activity, which materially affects the existing condition or use of any land or structure.
(11) "Developer" means any person commencing proceedings under the Subdivision Ordinance to effect a subdivision of land ad defined herein.
(12) "Easement" means an area set aside, dedicated or granted by the property owner or developer for the use by the public or by other corporations or persons for specific uses and purposes.
(13) "Flood elevation, 100-year" means the elevation as shown on the profiles contained in the City's Flood Insurance Study. Where elevations are not provided in the Flood Insurance Study, then the applicant for the proposed development shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques.
(14) "Flood plain" means an area subject to a flood that has a one percent (1%) chance of occurring in any given year.
(15) "Health Department" means the Harrison County Health Department.
(16) "Jurisdiction" means the geological area within which the powers of the City may be exercised.
(17) "Lot" means a parcel, tract or area of land abutting upon a street or place for at least fifty percent (50%) of the lot width prescribed for the district in which the lot is located. It may be a single parcel separately described in a deed or plat which is recorded in the office of the Clerk of the County Court or it may include parts of, or a combination of such parcels when adjacent to one another and used as one. In determining lot area and boundary lines no part thereof within the limits of a street shall be included.
(18) "Lot depth" means the horizontal distance between the front and rear lines of a lot measured at the midpoints of the front and rear lot lines.
(19) "Lot, double frontage" means a lot, the opposite ends of which abut on streets.
(20) "Lot line, front" means in the case of an interior lot, a line separating the lot from the street or place; and in the case of a corner lot a line separating the narrowest street frontage of the lot from the street, except in cases where deed restrictions in effect specify another line as the front lot line.
(21) "Lot width" means the dimension of a lot, measured between side lot lines on the building line.
(22) "Open space" means land provided and deemed necessary and desirable for the recreation, leisure time and aesthetic needs of present and future residents.
(23) "Performance bond" means any security which may be accepted by the Mayor and Council in lieu of a requirement that certain improvements be made before the Planning Commission approves the plat, including, but not limited to performance bonds, escrow agreements and other similar collateral or surety agreements, with surety to be approved by the Mayor and Council.
(24) "Plat" means a map, plan, chart or drawing indicating the subdivision or resubdiv ision of land filed or intended to be filed for record.
A. Sketch plat. A preliminary sketch of the proposed subdivision showing the developer's desires in regard to the future development of land for informal consideration by the Commission at the sketch plat review.
B. Preliminary plat. A map indicating the subdivision of land, prepared in accordance with the requirements of this Ordinance as a basis for consideration prior to the preparation of the final plat.
C. Final plat. The final map or plan which legally describes the subdivision of land, containing a detailed plan of the property, giving all dimensions, angles and bearing, together with such information, statements and certificates an required by this Ordinance and presented to the Commission for approval, and which if approved, will be submitted to the Clerk of Circuit Court for recording among the land records of the County.
D. Simplified Plat. The commission may approve the use of a simplified plat for certain types of subdivisions. Examples of this type of subdivision may include, but not necessarily be limited to, acquisition of additional acreage solely for property enlargement, a conveyance for acquisition purposes, only, readjustment of property lines and/or correction of deed discrepancies, and conveyance of an existing structure for residential purposes only, and subdivision of a parcel in three or less lots.
(25) "Preliminary consultation" means a procedure for the presentation of a proposed subdivision to the Commission for informal review prior to formal application and preparation of a preliminary plat.
(26) "Required Improvements" means storm drainage facilities, sanitary sewerage facilities, water supply facilities, streets, curbs, street lights, street signs, gutters, gas lines, electricity lines, walks and/or other accessory works and appurtenances.
(27) "Right of way". See "Easement".
(28) "Specifications" means the design specifications of the City which have been adopted by Council or have been approved by the appropriate City department or agency.
(29) "Street" and/or "road" means a public way established or dedicated by duly recorded plat, deed, grant, governmental authority or by operation of law, and providing principal access to abutting property.
(30) Street classifications.
A. Freeway. Provides metropolitan area or City connection to regional road networks so that regional traffic is removed from local traffic within the area. Access is grade-separated.
B. Arterial. Provides area-wide connections between the City core and outlying activity centers, residential areas and the freeway system.
C. Collector. Provides residential neighborhood connections to the arterials.
D. Local street. Provides individual house and site connections to collector streets.
E. Cul-de-sacs. Streets having one end open to traffic, the other and being terminated by a vehicle turnaround.
(31) "Subdivision" means the division of a lot, tract or parcel of land into two or more lots, plats, sites or other divisions of land for the purpose, whether immediate or future, of sale or of building development. It includes resubdivision and when appropriate to the context, relates to the process of resubdividing or to the land or territory subdivided.
(32) "Subdivision Ordinance" or "this Ordinance" as used in Chapter Five of this Part Thirteen - Planning and Zoning Code means Ordinance 82-40, passed November 4, 1982, as amended.
(33) "Zoning Ordinance" means the officially adopted Zoning Ordinance and Zoning Maps for the City and all amendments.