For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADEQUATE PUBLIC FACILITIES. Facilities determined to be capable of supporting and servicing the physical area and designated intensity of the proposed subdivision as determined by the governing body.
APPLICANT. A developer submitting an application for development.
AREA OF BENEFIT. An area of land which is designated by the Planning Commission as receiving benefits from, or creating the need for the construction, acquisition or improvement of a public facilities project.
ARTERIAL ROAD. A road which serves, or is designed to serve heavy flows of traffic and is primarily a route between communities.
BLOCK. A tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways or boundary lines of municipalities.
BOARD OF ADJUSTMENT. The Zoning Board of Adjustment established pursuant to the city zoning ordinance (Chapter 153).
BOULEVARD. The area that is between the improved surface of a street and the street’s right-of-way.
BOND. Any form of a surety bond in an amount and form satisfactory to the governing body. All BONDS shall be approved by the governing body whenever a bond is required by these regulations.
BUILDING. Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind.
CAPITAL IMPROVEMENT. A public facility with a life expectancy of three or more years, to be owned and operated by, or on behalf of, the local government.
CERTIFY. Whenever these regulations require that an agency or official certify the existence of some fact or circumstance, the municipality by administrative rule may require that the certification be made in any manner, oral or written, which provides reasonable assurance of the accuracy of the certification.
COLLECTOR ROAD. A road intended to move traffic from local roads to arterial roads. A COLLECTOR ROAD serves a neighborhood or large subdivision and should be designed so that no residential properties face onto it.
CONTIGUOUS. Lots are contiguous when at least one boundary line of one lot touches a boundary line or lines of another lot.
CUL-DE-SAC. A local street with only one outlet that terminates in a vehicular turnaround and has an appropriate terminal for the safe and convenient reversal of traffic movement.
DEDICATION. The deeding of land by a developer or landowner to the public.
DEVELOPER. The owner, of land proposed to be subdivided, or its representative, who is responsible for any undertaking that requires review and/or approval under these regulations.
DEVELOPMENT AGREEMENT. Agreement between the governing body and developer through which the governing body agrees to vest development use of intensity or refrain from interfering with subsequent phases of development through new legislation in exchange for the provisions of public facilities or amenities by the developer in excess of those required under current community regulations.
DWELLING UNIT. A building designed and intended for human habitation.
EASEMENT . A right to use property owned by someone else, usually for a specific purpose, such as the placing of utilities.
FINAL PLAT. The map of a subdivision, to be recorded after approval by the City Commission, and any accompanying materials as described in these regulations.
FRONTAGE. The part of a lot that touches a road, street or watercourse.
IMPROVEMENTS. Facilities which aid in land development. IMPROVEMENTS include items such as: streets, sewer and water lines, curbs, sidewalks, street lights, fire hydrants and street signs.
GOVERNING BODY. The body of the local government having the power to adopt ordinances.
HEALTH DEPARTMENT and HEALTH OFFICER. The agency and person designated by the governing body to administer the health regulations of the local government.
HEALTH, SAFETY OR GENERAL WELFARE. The purpose for which municipalities may adopt and enforce land use regulations for the prevention of harm or promotion of public benefit to the community; commonly referred to as police power.
LOCAL GOVERNMENT. The municipality of Glenwood.
LOCAL GOVERNMENT ATTORNEY. The licensed attorney designated by the governing body to furnish legal assistance for the administration of these regulations.
LOCAL GOVERNMENT ENGINEER. The licensed engineer designated by the governing body to furnish engineering assistance for the administration of these regulations.
LOCAL ROAD. A road which functions to provide access to abutting properties and to other roads from individual properties, and to provide right-of-way beneath it for utilities, including sewer, water and storm drainage pipes.
LOCAL ROAD, LIMITED. A road which functions to provide access to abutting properties and to other roads from individual properties, and to provide right-of-way beneath it for utilities, including sewer, water and storm drainage pipes. A LOCAL ROAD-LIMITED is designed wholly for traffic within a particular subdivision or neighborhood, provided that the street shall not serve, or be intended to serve more than 30 dwelling units.
LOT. A piece of land divided from a larger parcel.
LOT COVERAGE. The amount of a total lot covered by buildings.
LOT IMPROVEMENT. Any building, structure, place, work of art or other object situated on a lot.
MASTER PLAN. A comprehensive plan for development of the local government prepared and adopted by the City Commission, pursuant to state law, and including any part of the plan separately adopted and any amendment to the plan, or parts thereof.
METES AND BOUNDS. A description of real property which is not described by or referenced to a plat or block shown on a map, but is described by starting at a known point and describing the bearings and distances of lines forming the boundaries of the property or delineating a fractional portion of a section, lot or area by describing lines or portions thereof.
MINIMUM LOT SIZE. The smallest lot or parcel that can be built on in a particular land use zone, or the smallest lot that can be created by dividing a larger parcel.
OFFICIAL MAP. The map established by the governing body, showing the streets, highways, parks and drainage systems, and adopted and established by law, and any amendments or additions adopted by the governing body resulting from the approval of subdivision plats by the Planning Commission and the subsequent filing of approved plats.
PARCEL. A lot or group of lots under a single ownership or control.
PLANNED UNIT DEVELOPMENT (PUD). A zoning development management approach to physical growth which may combine housing, commercial, light manufacturing and/or open-space uses in the same zone, while maintaining an overall density comparable to conventional development.
PLANNING COMMISSION. The local government’s Planning Commission, established in accordance with the law.
PRELIMINARY PLAT. The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission for approval.
PUBLIC FACILITIES PROJECT. Any and all public improvements, the need for which is directly or indirectly generated by development.
PUBLIC HEARING. An adjudicatory proceeding held by the Planning Commission preceded by published notice and actual notice to certain persons, and at which certain persons, including the applicant, may call witnesses and introduce evidence for the purpose of demonstrating that plat approval should or should not be granted. The rules of civil procedure binding on the courts shall not, however, bind the Planning Commission or City Commission.
REGISTERED LAND SURVEYOR. A land surveyor properly licensed and registered in the state.
RIGHT-OF-WAY. A strip of land occupied, or intended to be occupied, by a street, sidewalk, electric-transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees or for any other 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 the right-of-way and not included within the dimensions or areas of the lots or parcels. RIGHTS-OF-WAY shall be dedicated to public use by the maker of the plat on which the right-of-way is established.
SKETCH PLAT. A sketch preparatory to the preliminary plat which enables the subdivider to save time and expense in reaching general agreement with the Planning Commission as to the form of the plat and the objectives of these regulations. It does not need to be completed by an engineer or any other professional. A SKETCH PLAT should include information which demonstrates the applicant has given consideration to the impact of the development on adjoining properties, traffic flow, utility services and topography.
STRUCTURE. Anything constructed or erected.
SUBDIVISION. The division or redivision of a lot, tract or parcel of land regardless of how it is to be used, into two or more lots either by plat or by metes and bounds description; or the division or redivision of land involving dedication of a new park, playground, street or other public right-of-way facility; or the vacation, realignment or any other changes in existing streets, alleys, easements, recreation areas, water or other public improvements or facilities.
SUBDIVISION, MAJOR. Any subdivision other than a minor subdivision.
SUBDIVISION, MINOR. A subdivision which does not involve any of the following:
(1) The creation of more than a total of two lots; or
(2) The creation of any new or extended public streets, rights-of-way or the creation or extension of public facilities, including sanitary sewer, storm sewer or water lines or facilities, drainage lines or facilities or the creation of any new public improvements.
SUBDIVISION IMPROVEMENT AGREEMENT. A contract entered into by the applicant and the City Commission on behalf of the municipality by which the applicant promises to complete the required public improvements within the subdivision within a specified time period following final subdivision plat approval.
ZONING ADMINISTRATOR. The person designated by the local government to enforce the zoning ordinance and this chapter.
(Ord. 66, passed 10-12-1999; Ord. 82, passed 10-23-2002)