For the purpose of this chapter, certain words and terms are defined in this section. The following terms are intended to be consistent with Chapter 354 of the Code of Iowa, as amended, and any changes to the Code shall automatically be assumed to be part of this chapter.
1. “Acquisition plat” means the graphical representation of the division of land or rights in land, created as a result of a conveyance or condemnation for right-of-way purposes by an agency of the government or other persons having the power of eminent domain.
2. “Aliquot part” means a fractional part of a section within the United States public land survey system. Only the fraction parts one-half (½), one-quarter (¼), one-half (½) of one-quarter (¼), or one quarter (¼) of one-quarter (¼) shall be considered an aliquot part of a section.
3. “Alley” or “lane” means a public or private way not more than sixteen (16) feet wide affording generally secondary means of access to abutting property and not intended for general traffic circulation.
4. “Auditor’s Plat” means a subdivision plat required by either the County Auditor or the County Assessor, prepared by a surveyor under the direction of the County Auditor.
5. “Block” means an area of land within a subdivision that is entirely bounded by streets, highways, or the exterior boundary or boundaries of the subdivision, except alleys.
6. “Building lines” shall be shown on all lots, whether intended for residential, commercial, or industrial use. Such building lines shall not be less than required by the Zoning Ordinance of the City.
7. “Commission” means the Jesup Planning and Zoning Commission.
8. “Conveyance” means an instrument filed with the County Recorder as evidence of the transfer of title to land, including any form of deed or contract.
9. “County” means Buchanan County, Iowa, or Black Hawk County, Iowa.
10. “Cul-de-sac” means a street having one end open to motor traffic, the other end being permanently terminated by a vehicular turnaround.
11. “Development” means any manmade change to improved or unimproved real estate, including (but not limited to) buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
12. “Developer” – see the definition of “proprietor.”
13. “Division” means dividing a tract or parcel of land into two (2) parcels of land by conveyance or for tax purposes. The conveyance of an easement, other than a public highway easement, shall not be considered a division for the purposes of this chapter.
14. “Driveway” means a private property access to either: a private or public street, road, alley, highway, or freeway. Adopted driveway details are available at City Hall.
15. “Easement” means a grant by a proprietor of a limited use of land to the general public, a corporation, or a certain person or persons, and within the limits of which the proprietor shall not erect any permanent structures but shall have the right to make any other use of the land subject to such easement which is not inconsistent with the rights of the grantee. Public utilities shall have the right to trim or remove trees that interfere with the use of such easements.
16. “Engineer” means a registered civil engineer authorized and licensed to practice engineering in the State of Iowa.
17. “Final plat” means the final map or plan of record of a subdivision and any accompanying material, as described in Section 170.12.
18. “Improvements” means addition of any facility or construction on land necessary to prepare land for building sites including road paving, drainage ways, sewers, water mains, wells, and other works and appurtenances.
19. “Lot,” for the purpose of this chapter, is a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area to provide such yards and other open space as are herein required. Said lot shall have frontage on or access to a public street or private street and may consist of: (i) a single lot of record; (ii) a portion of a lot of record; (iii) a combination of complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record; or (iv) a parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this Code of Ordinances.
20. “Major subdivision” means any subdivision not classified as a minor subdivision, including, but not limited to, any size subdivision requiring any new public or private street or extension of local government facilities, to any new improvements.
21. “Metes and bounds” means the method used to describe a tract of land that uses distance and angles, uses distances and bearings, or describes the boundaries of the parcel by reference to survey monuments or physical features of the land.
22. “Minor plat” means a plat in lieu of a preliminary and final subdivision plat in the case of minor subdivisions to enable the proprietor to save time and expense in reaching a general agreement as to the form of the plat and the objectives of Section 170.13.
23. “Minor subdivision” means any subdivision that creates not more than four (4) parcels fronting an existing road, not involving any new road or street or the extension of municipal utilities or the creation of any improvements or the dedication of lands to the City, and not adversely affecting the remainder of the parcel or adjoining property and not in conflict with any provision of the Comprehensive Plan, Zoning Ordinance, or this Code of Ordinances, and must meet the appropriate provisions of this chapter.
24. “Nonresidential subdivision” means a subdivision whose intended use is other than residential, such as commercial or industrial. Such subdivision shall comply with the applicable provisions of this chapter.
25. “Official plat” means either an Auditor’s plat or a major or minor subdivision plat that meets the requirements of the Code of Iowa and has been filed for record in the offices of the County Recorder, County Auditor, and County Assessor.
26. “Outlot” means a portion of a subdivision or other parcel or tract intended as a unit for the proposed (whether immediate or future) transfer of ownership. An outlot shall be an unbuildable lot, in and of itself. Typically a proprietor may use an outlot for the following reasons: (i) to reserve a portion of a final plat for future development or sale; (ii) to reserve a portion of a final plat for construction of and future dedication of a detention basin to the City or private association; or (iii) for construction of a private street or access that will be owned and maintained by a private association. Outlots shall be denoted with a letter rather than a number on the final plat or minor plat.
27. “Parcel” means a part of a tract of land.
28. “Permanent Real Estate Index Number” means a unique number or combination of numbers assigned to a parcel of land pursuant to Section 441.29 of the Code of Iowa.
29. “Plat of survey” means the geographical representation of a survey of one or more parcels of land, including a complete and accurate description of each parcel within the plat, prepared by a registered land surveyor.
30. “Preliminary plat” means the proposed map or plan of record of a subdivision and any accompanying material, as described in Section 170.11.
31. “Property line adjustment” means the survey and plat preparation of one or more lots or parcels that meet the following criteria: (i) no additional lots or parcels shall be created; and (ii) no part of the divided lot or parcel will be transferred to anyone but the owner or owners of a lot or parcel of land abutting that part of the divided lot or parcel of land to be transferred; and (iii) no adjusted lot or parcel shall conflict with the Zoning Ordinance or this chapter. This type of survey plat shall be prepared in accordance with the Code of Iowa requirements and shall be submitted to the City for approval, according to Section 170.14 of this chapter.
32. “Proprietor” means a person who has a recorded interest in land, including a person selling or buying land pursuant to a contract, but excluding persons holding only a mortgage, easement, or lien interest. This definition also includes a person or persons designated to act on behalf of a proprietor.
33. “Resubdivision” means a change on a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use or at any lot line, or if such a change affects any map or plan legally recorded prior to the effective date of the ordinance codified in this chapter.
34. “Right-of-way” means the land area the right to possession of which is secured or reserved by the contracting authority for road purposes.
35. “Street line” means a dividing line between a lot, tract or parcel of land and a contiguous street.
36. “Street, road, drive, alley, or entrance (private)” means all property intended for use by vehicular traffic, but not dedicated to the public or controlled and maintained by a political subdivision.
37. “Street, road, alley, drive or entrance (public system)” means all property intended for use by vehicular traffic, which has been dedicated to the public or deeded to a political subdivision.
38. “Subdivision” means any land, vacant or improved, which is divided or proposed to be divided into two (2) or more lots, parcel, sites, units, plots, or interests for the purpose of sale or conveyance including a sale on contract or the making of a gift, or lease, or development, including re-subdivision. “Subdivision” includes the division or development of residential or nonresidential zoned land, whether by deed, sale on contract, devise, intestate succession, lease, map, plat, or other recorded instrument.
39. “Surveyor” means a registered land surveyor authorized and licensed to practice surveying in the State of Iowa, pursuant to Chapters 355 and 542B of the Code of Iowa.
40. “Tract” means an aliquot part of a section, a lot within an official plat, or a government lot or land not within an official plat and not an aliquot part.
41. “Zoning Administrator” means the administrative officer designated or appointed by the City Council to administer and enforce the regulations contained in this Code of Ordinances.