For the purpose of this title, the following terms, phrases, words and their derivations shall have the meaning given herein. When inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and the singular shall include the plural. The word "shall" is mandatory and not directory. Any word herein listed shall be defined as in any recognized standard English dictionary.
ACCESS CONTROL EASEMENT: An easement on property adjacent to a street right of way prohibiting vehicular access or street curb cuts to such designated property.
ALLEY: A public or private right of way which affords only a secondary means of access to abutting property.
ARTERIAL STREET: A principal traffic artery, more or less continuous across the city, which acts as a principal connecting street with state and federal highways and includes each street designated as an arterial street on the major street plan.
BASEMENT: A basement is any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a "first story" as defined in this section.
BUILDING: Any structure for the shelter, support or enclosure of persons, animals, chattels or property of any kind, and when separated by party walls without openings, each portion of such building so separated shall be deemed a separate building.
BUILDING SETBACK LINES: A line parallel or approximately parallel to the lot lines at a specified distance therefrom, marking the minimum distance from the lot line that the building may be erected.
CITY OF MITCHELL OR CITY: The city of Mitchell, South Dakota.
COLLECTOR STREET: A street which carries traffic from local streets to arterial streets or highways, including the principal entrance streets of a residential development and streets for circulation within such development.
COMPREHENSIVE DEVELOPMENT PLAN: Any legally adopted part or element of the comprehensive plan of the city.
CONTRACTOR: The person who contracts with an individual or the developer to construct a building on a parcel of land prepared by the developer.
CUL-DE-SAC: A local street with only one outlet having an appropriate terminal for safe and convenient reversal of traffic movement.
DEDICATED: A grant of rights in land to the public for their perpetual use.
DEVELOPER: The person who converts raw land into platted, buildable lots. The developer may or may not be the owner of the parcel or the builder of the structures which occupy the lots.
DOUBLE FRONTAGE: A lot which abuts a street on two (2) opposite sides (not a corner lot).
EASEMENT: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
FINAL PLAN: The final subdivision plan shall be comprised of final drainage and grading plans, the final utility plan, if required, the erosion control plan and the plat.
FLOOD PRONE AREA: A land area adjoining a river, creek, watercourse or lake which is likely to be flooded.
HOMEOWNERS' ASSOCIATION: An association of property owners joined together for the purpose of maintaining an area held in common ownership.
LOCAL STREET: A street intended to provide access to other streets from individual properties and to provide right of way beneath it for various utilities but not intended to be used for through traffic.
LOT: A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.
MAJOR STREET PLAN: The thoroughfare plan in the adopted comprehensive plan.
MARGINAL ACCESS STREET: A street used only for access to a very limited number of lots.
PLAT: The final layout of a subdivision complete with all irrevocable offers of dedication and other depictions and information as required by law and ordinance, as approved by the city council and as filed with the county register of deeds.
PRIVATE STREET: A roadway which is not dedicated or offered for dedication, but which serves as an access route, by easement or otherwise, to property. A private street shall be owned and maintained by the property owners which it serves.
RIGHT OF WAY: A strip of land occupied or to be occupied by a street, railroad, transmission line, oil or gas pipeline, water lines, storm or sanitary sewer lines, pedestrian walkways or other public or special use. The use of the term "right of way" for 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 such right of way and not included within the dimensions or areas of such lots or parcels. Rights of way shall be dedicated to public use by the owner of the plat on which such right of way is established.
STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the finished floor level directly above a basement or unused underfloor space if more than six feet (6') above grade for more than fifty percent (50%) of the total perimeter or is more than twelve feet (12') above grade at any point, or at any point allows and provides for grade level entry (i.e. walk out basement); such basement or unused underfloor space shall be considered as a story.
First Story: The lowest story in a building which qualifies as a story, except that a floor level in a building having only one floor level shall be classified as a first story, providing such floor level is not more than four feet (4') below grade for more than fifty percent (50%) of the total perimeter, or more than eight feet (8') below grade at any point.
STRUCTURAL ENTRANCE: Any doors or windows or other structural openings one square foot in area or larger.
STRUCTURES: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences and signs.
SUBDIVIDE: The act of creating a subdivision.
SUBDIVISION: The division of a parcel of land into two (2) or more separate parcels. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
Major Subdivision: The division of a parcel of land into three (3) or more lots for the purpose of transfer of ownership or for the purpose of separate improvement, whether future or immediate; or any division of land involving a new street(s) or extension of local government facilities and services or the creation of the future necessity for new street(s) or other public facilities and services, regardless of the number of parcels. (2005 Code)