For the purpose of this title, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, 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.
BLOCK: The space along one side of a street between the two (2) nearest intersecting streets, or between an intersecting street and a right of way, waterway or other similar barrier, whichever is lesser.
CITY: The city of Dalton Gardens.
CITY COUNCIL: The city council of the city of Dalton Gardens.
CITY ENGINEER: The city engineer or building inspector of the city of Dalton Gardens.
CLERK: The city clerk of the city of Dalton Gardens.
COMMISSION: The planning and zoning commission of the city of Dalton Gardens.
COMPREHENSIVE PLAN: A comprehensive plan prepared by the commission which indicates the general locations recommended for the various functional classes of public works, places and structures and for the general physical development of the city and includes any unit or part of such plan separately adopted and any amendment to such plan or parts thereof. The comprehensive plan also includes goals and policies for the future development of the community.
CONDOMINIUM: An estate consisting of: a) an undivided interest in common in real property, in an interest or interests in real property, or in any combination thereof, together with b) a separate interest in real property, in an interest or interests in real property, or in any combination thereof.
CONDOMINIUM PLAT: A division of units in a structure or structures for condominium ownership purposes without a subdivision of the land upon which the structure or structures sit.
DEDICATION: The deliberate appropriation of land by an 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 such property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for filing by the city.
DIVISION OF LAND: Any transaction or action, not otherwise exempt or provided for under the provisions of this chapter, which alters or affects the shape, size or legal description of any part of an owner's "land" as defined herein. Rental or lease of a building, facility or structure which does not alter or affect the legal description of an owner's "land" shall not constitute a division of land.
EASEMENT: A grant by a property owner to specific persons or to the public to use land for a specific purpose or purposes.
FINAL PLAT: The final map, drawing or chart on which the subdivider's plan of subdivision is presented to the city for approval, and which, if approved, will be submitted to the county clerk for recording.
GOVERNING BODY: The city council of the city of Dalton Gardens.
LOT: The contiguous parcel of land on which a principal building and its accessory buildings are placed or are to be placed, together with the required open spaces, or a "lot" designated as such on an officially recorded plat. "Lot" also means a portion of a plat or subdivision to be transferred or developed as a single unit. This term shall include tracts or parcels. Each unit created for condominium ownership purposes shall be considered as a lot.
Any subdivision of land by metes and bounds description prior to the effective date hereof and held under one ownership separate and distinct from the adjoining or abutting land shall be considered a lot as shown by the last conveyance of record.
For the purpose of determining the location of the required yards, a lot shall be considered to be as shown on the official recorded plat of the property, regardless of any metes and bounds subdivision of said property subsequent to the effective date hereof.
When a tract of land consisting of more than one platted lot held under one ownership is to be developed as one unit, all the parcels or lots shall be considered as one lot for the purposes of this title.
Corner Lot: A zoning lot which adjoins the point of intersection of two (2) or more street lines and which the interior angle formed is one hundred thirty five degrees (135°) or less.
Front Lot Line: For an interior lot, a front lot line is the access point of the nearest driveway to the street. On a corner lot, the applicant may select either street line as a front lot line.
Interior Lot: Any zoning lot which is not a corner lot.
Rear Lot Line: The back lot line or back line parallel to the front line.
Side Lot Line: Any lot line which is not a front lot line or a rear lot line.
OFFICIAL MAP: The map established by the city council showing the streets, highways and parks theretofore laid out, adopted and established by law and any amendments thereto adopted by the city council or additions thereto resulting from the approval of subdivision plats by the commission and the subsequent filing of such approved plats.
OWNER: Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this title.
PRELIMINARY PLAT: The preliminary map, drawing or chart indicated for the proposed layout of the subdivision to be submitted to the commission for its consideration.
PRIOR DIVISION OF LAND: Either of the following:
A. A division initiated by sale, lease, transfer or option contract executed prior to the effective date hereof which presently remains a binding and enforceable commitment as between the parties thereto, their successors or assigns. If the applicable instrument does not specifically designate separate units of property but does describe separate and defined lots, tracts, parcels, sites or divisions of land which are contiguous, they shall constitute prior divisions of land only if each conforms with this title and the zoning ordinance lot size and width requirements in effect at the time of application for exemption and each is provided with adequate access.
B. A taxation parcel of any size which is surrounded by prior divisions of land as defined by subsection A of this definition.
C. A taxation parcel of any size which was created prior to the effective date hereof for the purpose of creating divisions of land which were exempt from platting requirements. Taxation parcels which were administratively created by the assessor's office solely for tax purposes shall not be afforded the status of prior divisions for subdivision purposes. Examples of taxation parcels created solely for tax purposes include senior citizen segregations, special district segregations, deed of trust or mortgage segregations administratively effected by one other than the landowner or agent and segregation for tax exemption purposes.
D. A taxation parcel created in the assessor's office for description purposes because of section lines if it conforms with the lot size and width requirements of this title and the zoning ordinance in effect at the time of application for exemption.
SHORT PLAT: A document consisting of a map of a short subdivision, together with written certificates and data, showing thereon the division of a tract of land into lots.
SHORT SUBDIVISION: Every division of land for the purpose of lease or sale into two (2), three (3) or four (4) lots, plots, sites, parcels or tracts within the residential district of the incorporated area of Dalton Gardens and where no new dedications are required.
STREET: A way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or however otherwise designated.
Alley: A minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
Arterial Street: A fast or heavy traffic street of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.
Collector Street: A street which carries traffic from minor streets to arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
Cul-De-Sac Or Dead End Street: A minor street with only one outlet.
Marginal Access Street: A minor street which is parallel and adjacent to arterial streets and which provides access to abutting properties and protection from through traffic.
Minor Street: A street used primarily for access to the abutting properties.
Width Of Street: The shortest distance between the lines delineating the right of way of a street.
SUBDIVIDER: Any individual, firm, association, syndicate, corporation, trust or any other legal entity commencing proceedings under this title to effect a subdivision of land hereunder for himself or for another.
SUBDIVISION: The division of a parcel of land for the purpose of transfer of ownership or building development. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
SUBDIVISION EXEMPTIONS: If a new street is involved, any division of a parcel of land; provided, that a division of land which may be ordered or approved by a court or effected by testamentary or intestate provisions or a division of land for agricultural purposes into lots or parcels of five (5) acres or more and not involving a new street, shall not be deemed a subdivision. (Ord. 226, 11-1-2012)