For the purpose of this chapter, certain words and terms are herein defined.
1. “Agricultural use only” or “ag use only” means any lot, tract or parcel of land not specifically designated as a “buildable” lot. No building permit shall be issued for any dwelling or principal structure on any lot, tract or parcel that has been designated for ag use only, however building permits for accessory structures customary to farm operations, such as machine sheds or corn cribs, may be issued provided they are not habitable and met all zoning requirements.
2. “Applicant” means an owner or subdivider of land proposed to be divided or subdivided or the owner’s representative. Where application is made by someone other than the legal owner, consent is required from the legal owner of the premises as a part of the application.
3. “Auditor’s Plat” means a plat prepared at the request of the County Auditor or Assessor to clarify property descriptions for the purposes of assessment and taxation.
4. “Aliquot part” means a fractional part of a section within the United States public land survey system. Only the fractional parts one-half, one-quarter, one-half of one-quarter or one-quarter of one-quarter shall be considered an aliquot part of a section.
5. “Block” means an area of land within a subdivision that is entirely bounded by streets or highways; or by streets or highways and the exterior boundary or boundaries of the subdivision.
6. “Bond” means cash deposits, surety bonds or instruments of credit in the amount and form satisfactory to the County. All bonds shall be accepted and approved by the Board of Supervisors whenever a bond is required by these regulations.
7. “Board” means the Board of Supervisors of Marion County.
8. “Building line” means a line on a plat between which line and public or private right-of-way line no buildings or structures may be erected.
9. “Buildable” means any lot, tract or parcel of land that may be developed with structures designed for principal uses as permitted in the applicable zoning district. To be designated as buildable, the lot, tract or parcel shall comply with all applicable requirements of Chapter 55 – Zoning Regulations, including a survey as may be required to establish property lines and setbacks. No lot, tract or parcel shall be considered buildable unless it complies with the requirements of Sections 55.10 and 55.30 of the Zoning Code and has been designated as a buildable lot by the Zoning Administrator prior to issuance of a building permit. All other lots, tracts and parcels shall be considered to be designated “for agricultural use only.”
10. “Commission” means the Marion County Zoning Commission.
11. “Comprehensive Plan” means the current Comprehensive Plan for the development of Marion County, Iowa, or any of its geographical parts, prepared for and adopted by the Board of Supervisors and includes any parts of such plans separately adopted and any amendments to such plans or parts thereof.
12. “Construction plans” means the maps or drawings prepared by a registered engineer accompanying the subdivision plat and showing the specific location and design of improvements to be installed in the subdivision. The term “construction drawing” means the same.
13. “Contractor” means any person who constructs the improvements required herein.
14. “Cul-de-sac” means a short, minor street, having one end open to motor traffic, the other end being permanently terminated by a vehicular turnaround.
15. “Dead-end street” means a street presently closed to through traffic at the end and is planned for future extension.
16. “Division” means dividing a tract or parcel of land into two parcels of land by conveyance or for taxation.
17. “Division of land request” means a written request for the platting requirements of any division or subdivision of a tract, lot or parcel(s) within the unincorporated area of Marion County.
18. “Drainageway, improved” means an improved ditch, stream or waterway with shaped inverts, graded slopes and controlled velocities.
19. “Drainageway, natural” means an existing ditch, stream or waterway in as natural condition as possible and which can be maintained as such in the opinion of the County Engineer.
20. “Easement” means the right of a person or corporation to use land of another for a definite purpose.
21. “Engineer” means a registered engineer authorized to practice civil engineering, as defined by the registration act of the State of Iowa.
22. “Forty-acre aliquot part” is a quarter-quarter (¼-¼) section, the smallest aliquot part of a section.
23. “Grade” means the slope of a road, street, utility, earth embankment or other facility specified in percent of vertical to horizontal measurements.
24. “Improvement” means any drainage, roadway, parkway, storm sewer, sanitary sewer, water main, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement or other facility for which the County may ultimately assume the responsibility for construction, maintenance and/or operation or which may affect an improvement for which the County’s responsibility is established.
25. “Lot” means a tract of land having fixed boundaries and identified by number or letter designation on a survey or subdivision plat.
26. “Owner” means any person, group of persons, firm, corporation or other legal entity having legal and equitable title in the land sought to be subdivided under these regulations.
27. "Parcel" means a part of a tract of land, said parcel must be contiguous in order to be considered as one parcel for purposes of this Chapter.
(Ord. 2017-50 - June 17 Supp.)
28. “Plans of record” means plans prepared by a registered engineer, showing the engineer’s signature and certifying that the public improvements have been constructed as shown.
29. “Plat” means a map, drawing, or chart on which the subdivider’s plan of the subdivision is presented and which the subdivider submits for approval and intends in final form to record.
30. “Plat, final” means the drawing on which the subdivision plan is presented in the form which, if approved by the Board of Supervisors and Zoning Commission, will be filed and recorded with the County Recorder.
31. “Plat, preliminary” means a study or drawing indicating the proposed manner or layout of the subdivision which is submitted to the Board of Supervisors and Zoning Commission for consideration and approval.
32. “Plat of survey” means the graphical 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 licensed land surveyor.
33. “Private drive” means any vehicular ingress or egress on a property intended to serve one residential or non-residential property.
34. “Private road” or “private street” means a road or street in a division or subdivision not dedicated and/or accepted by Marion County as a public street. Maintenance of said private road shall not be the responsibility of Marion County. The usage of the term private road or private street for land platting purposes means that every right-of-way for private street hereafter established shall be shown on the final plat by easement and shall be included within the dimensions or gross areas of such lots encumbered by said easement. Net lot areas of such lots shall be exclusive of right-of-way easements.
35. “Proprietor’s plat” means a plat as defined herein submitted by the owner of the land being platted, or an agent, or other private entity, acting with the consent of the owner.
36. “Public road” means a road or street in a subdivision which meets all requirements and has been constructed in accordance with the standard specifications of Marion County and for which a right-of-way has been granted and accepted by Marion County.
37. “Right-of-way” means a strip of land occupied or intended to be occupied by a road, crosswalk, railroad, public street or road, electric transmission line, oil or gas pipeline, water main, sanitary sewer, storm sewer main, shade trees, or for another special use. The usage of the term right-of-way for land platting purposes means that every right-of-way for public streets hereafter established shall be shown on the final plat by easement and shall be included within the dimensions or gross areas of such lots. However, in unique circumstances, the Board of Supervisors, upon recommendation of the County Engineer, may require certain public streets to be shown on a final plat to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots encumbered by said easement. Net lot areas of such lots shall be exclusive of right-of-way easements. Rights-of-way intended for public streets or roads, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency are dedicated to public use by the maker of the plat on which such right-of-way is established, except as otherwise provided in these regulations.
38. “Specific quantity description” means, as distinguished from a metes and bounds description, to divide a tract by describing the quantity and relative location within the tract.
39. “Subdivider” means any person who, having an interest in the land causes it, directly or indirectly, to be divided or subdivided.
40. “Subdivision” means the division of a lot, 40-acre aliquot part, tract or parcel of land into three or more lots or parcels by repeated divisions or by simultaneous division, whether said lots, tracts or parcels are under one or more than one ownership(s). The term includes resubdivision.
A. A plat of subdivision shall be made when a tract or parcel of land is subdivided by repeated divisions or simultaneous division into five or more parcels. Further, a plat of subdivision shall be made when a tract of land is subdivided by repeated divisions or simultaneous division into three or more parcels, any of which are described by metes and bounds description for which no plat of survey is recorded.
(1) The Zoning Commission may waive the requirement for a plat of subdivision, including minor plat of subdivision, for a land division creating no more than one new lot or parcel provided all other requirements of this chapter have been met and provided there are no objections from the Zoning Administrator, County Engineer, County Auditor or Environmental Health. In such cases, a plat of survey shall be provided in accordance with the requirements of this chapter.
B. The term “subdivision” as defined above does not include the division of a lot where (1) the land is to be used only for agricultural uses only; and (2) where all of the lots created are at least three (3) acres net in size, exclusive of right-of-way; and (3) which includes no land set apart for new streets, alleys, parks, open areas, school property or public use or land set apart for residential or other nonagricultural uses.
(1) The plat of survey for such division shall contain the following notation: “Note: this plat is for agricultural purposes only. No further development, including issuance of building permits, may take place on it without complying with the subdivision regulations of Marion County, Iowa.”
(2) By recording a division of land for agricultural purposes only, the property owner agrees that any listing, offer for sale, or other document(s) contemplating the transfer of any such parcel or portion of such parcel and any deed or other instrument transferring any interest in the same shall contain the following notation in at least 8 point bold faced type in all capital letters: “NOTE: THIS PARCEL IS PART OF A PLAT FOR AGRICULTURAL PURPOSES ONLY.
NO FURTHER DEVELOPMENT, INCLUDING ISSUANCE OF BUILDING PERMITS, MAY TAKE PLACE ON IT WITHOUT COMPLYING WITH THE SUBDIVISION REGULATIONS OF MARION COUNTY, IOWA.”
41. “Subdivision, minor” means the division of a lot, tract, or parcel of land that meets the following conditions:
A. All the lots of the subdivision abut an existing dedicated public road, highway, or street.
B. No new public or private road within the subdivision is proposed nor is any new public or private road required by the County in order to assure adequate access to an existing public road, highway, or street from any of the lots of the subdivision.
C. All available County service systems and public improvements are already extended so that each system is readily accessible for the direct and individual service connection thereto from each lot of the subdivision.
42. “Subdivision plat” means the graphical representation of the subdivision of land, prepared by a licensed land surveyor, having a number or letter designation for each lot within the plat and a succinct name or title that is unique for the County and approved by the County Auditor.
43. “Surety” means a guarantee in writing backed by substantial assets pledged by any financial institution, insurance company, or other party of substantial financial standing being bound with its principal for the payment of a sum of money or for the performance of some duty or promise required of the party being serviced.
44. “Surveyor” means a registered land surveyor authorized to practice surveying as defined by the registration act of the State of Iowa.
45. “Tract” means an aliquot part of a section, a lot within an official plat, or a government lot.