(A) For the purpose of this chapter, words used in the present tense shall include the future; words in the singular shall include the plural and the plural the singular; and the word “shall” is mandatory and not discretionary.
(2001 Code, § 12.03)
(B) For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ALLEY. A public or private right-of-way less than 30 feet in width which affords secondary means of access to abutting property.
BLOCK. A tract of land bounded by streets, or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines, waterways or boundary lines of the corporate limits of the city.
COMPREHENSIVE PLAN. The document or series of documents that represent adopted policy of the city and which serve as official guides to the orderly development of the city and its environs.
CUL-DE-SAC. A short street having but one end open to traffic and the other being permanently terminated to a vehicular turn-around.
EASEMENT. A grant by a property owner for the use of a strip of land for the purpose of constructing and maintaining utilities, including, but not limited to, sanitary sewers, water mains, electric lines, telephone lines, storm sewer or storm drainage ways and gas lines.
ENGINEER. An engineer or a duly authorized consultant appointed by the City Council.
FLOOD FRINGE AREA. The portion of the floodplain outside of the floodway.
FLOODPLAIN. The continuous area adjacent to a watercourse, whose elevation is equal to or below the elevation of the highest flood level of record; and any land of higher elevation having an area of less than two acres, which is completely surrounded by land having an elevation equal to or lower than the elevation of the highest flood level of record.
HIGHWAY, REGIONAL. Provides for through traffic movement at relatively high speeds between municipalities. With few exceptions, intersections are at grade and direct access to abutting property is discouraged.
IMPROVEMENTS. Pavement, curbs, gutters, sidewalks, sewer and water facilities, grading, street signs, street lighting, plantings and other items for the welfare of property owners and/or the general public.
LOT. Land occupied or to be occupied by a building and its accessory buildings together with the open spaces as are required under this chapter and having its principal frontage upon a street or officially approved place.
PARKWAY. Provides for pleasure driving within an urban area along a specially landscaped and protected roadway. PARKWAYS connect major points of interest such a major parks, lakes, institutions and other scenic and recreational areas. In many cases, PARKWAYS serve the function of collector streets and occasionally serve as arterial streets.
PEDESTRIAN WAY. The right-of-way across or within a block for use by pedestrian traffic whether designated as a pedestrian way, greenway, crosswalk or however otherwise designated.
PLAT. A map, drawing or chart on which the subdivider’s plan of subdivision is presented to the Planning Commission and City Council for approval, and is ultimately recorded in the office of the County Recorder.
PROTECTIVE COVENANTS. Contracts entered into between private parties and constitute a restriction on the use of all private property within a subdivision for the benefit of the property owners, and to provide mutual protection against undesirable aspects of development which would tend to impair stability of values.
SITE MAP. A map showing existing conditions including all platted parcels, streets, rights-of-way, easements and any predominant topography or natural features such as lakes, wooded areas and the like.
STREET, ARTERIAL. Provides for traffic movement to and from municipalities and their surrounding rural areas, to and from regional highways and collector streets and between major parts of an urban area. Intersections are at grade and direct access to abutting property is secondary to traffic movement.
STREET, COLLECTOR. Distributes the internal traffic within an area of a community, such as a residential neighborhood or industrial district, between the arterial and local streets, provides access to abutting land. Continuity should be sufficient to accommodate short trips, but discourage through movement.
STREET, HALF. A street having only one-half of its intended roadway width developed to accommodate traffic.
STREET, LOCAL. Provides for direct access to residential commercial, industrial or other abutting property. Continuity is not imperative; all through traffic movement should be discouraged.
SUBDIVIDER or DEVELOPER. A person, firm or corporation undertaking the subdivision or resubdivision of a tract or parcel of land according to the requirements of this chapter. For purposes of this chapter, the terms are to be considered to be interchangeable.
SUBDIVISION.
(a) A described tract of land which is to be or has been divided into two or more lots or parcels or the division of a lot, tract or parcel of land into two or more lots, tracts or parcels for the purpose of transferring ownership or building development, or if a new street is involved, any division or development of a parcel of land.
(b) The term shall include resubdivision of land; provided, however, that, the sale or exchange of small parcels of platted land to or between adjoining property owners shall not be considered as a SUBDIVISION.
VARIANCE. A modification of the application of the zoning ordinance to a specific lot where, because of unique physical circumstances, strict enforcement would cause an undue hardship or practical difficulties in the use of land. VARIANCES shall be limited to height, bulk, density and yard requirements.
(2001 Code, § 12.04)