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A. Rules Of Word Construction: For the purpose of this title, certain terms or words used herein will be interpreted as follows:
1. The word "person" includes an owner or representative of the owner, firm, association, organization, partnership, trust company or corporation as well as an individual.
2. The singular word includes the plural, and the plural the singular.
B. Words Defined: Except for those words and phrases defined below, the words and phrases used in this title will be interpreted to be given the meaning in common usage, so as to give this title its most reasonable application.
ALLEY: A public or private right of way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street.
APPLICANT: The owner, their agent or person having legal control, ownership and/or interest in the land proposed to be subdivided.
ATTORNEY: The attorney employed or retained by the city unless otherwise stated.
BWSR: State of Minnesota board of water and soil resources or its successor.
BIKEWAY: A public right of way or easement across a block or within a block to provide access for bicyclists and in which a path or trail is installed.
BLOCK: An area of land within a subdivision that is bounded by streets, or by a combination of streets and public parks, cemeteries, railroad right of way, shorelines of waterways or boundary lines of municipalities.
BOULEVARD: The portion of the street right of way between the curb line and the property line.
BUILDING: Any structure built for the support, shelter or enclosure of persons, animals or movable property of any kind, and includes any structure.
CERTIFICATE OF SURVEY: A document prepared by a registered land surveyor which precisely describes area, dimensions and location of a parcel of land.
CITY: The city of Moorhead.
CLERK: The Moorhead city clerk.
COMPREHENSIVE LAND USE PLAN: A comprehensive plan approved by the city, including a compilation of policy statements, goals, standards, fiscal guidelines and maps indicating the general locations recommended for the various functional classes of land use, places and structures, and for the general physical development of the city, including any unit or part of such plan separately adopted and any amendment to such plan or parts thereof.
CONTOUR MAP: A map on which irregularities of land surface are shown by lines connecting points of equal elevations. "Contour interval" will mean the vertical height between contour lines.
COPY: A print or reproduction made from an original.
COUNCIL: The city council of Moorhead, Minnesota.
COUNTY: Clay County, Minnesota.
DESIGN STANDARDS: Specifications that applicants proposing to subdivide land must follow when preparing plats, both preliminary and final, indicating among other things, the optimum, minimum or maximum dimensions of such items as rights of way, blocks, easements and lots.
DEVELOPMENT: The act of building structures and installing site improvements.
DOUBLE FRONTAGE LOT: A lot other than a corner lot which has a property line abutting on one street and an opposite property line abutting another nonintersecting street.
DRAINAGE COURSE: A watercourse or indenture for the drainage of surface water.
DWELLING: A building or portion thereof, designated exclusively for independent residential occupancy, including one-family, two-family, and multiple-family dwellings, but not including hotels, motels or boarding houses.
DWELLING, MULTIPLE-FAMILY: A building designed with three (3) or more dwelling units exclusively for occupancy by three (3) or more families living independently of each other. A two-family dwelling (duplex) with an additional separate rooming unit(s) must be considered and classified as a multiple-family dwelling.
DWELLING, SINGLE-FAMILY: A dwelling unit designed exclusively for occupancy by one family.
Attached: A dwelling which is joined to another at one or more sides by the sharing of a common wall(s) and which occupies its own lot.
Detached: A dwelling unit not attached to another dwelling or structure or entirely surrounded by open space.
DWELLING, TOWNHOME: A building of more than two (2) units, each unit extending from ground to sky and having at least two (2) exposed sides.
DWELLING, TWO-FAMILY: A residence designed for or occupied by two (2) families only, with separate housekeeping and cooking facilities for each. A two-family dwelling (duplex) with an additional separate rooming unit(s) shall be considered and classified as a multi-family dwelling.
EASEMENT: A right granted by the owner of land to another party for specific limited use of that land.
ENGINEER: The registered engineer employed or retained by the city unless otherwise stated.
FINAL PLAT: A drawing or map of a subdivision, meeting all of the requirements of the city and in such form as required by Clay County for the purpose of recording.
FLOOD RELATED: All flood related definitions in title 10 of this code shall apply to this title.
GOVERNING BODY: The Moorhead city council.
KEY MAP: A small or large scale map which definitively shows the area proposed to be platted in relation to known geographical features (e.g., town centers, lakes and streets).
LOT: A parcel or portion of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot must have frontage on an improved public street or approved private street.
LOT, AREA: The total land area of a horizontal plane within the lot lines.
LOT BASE: Lots meeting all specifications in the zoning district prior to being subdivided into a two-family dwelling.
LOT, CORNER: A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty five degrees (135°).
LOT, DOUBLE FRONTAGE: An interior lot having frontage on two (2) streets.
LOT IMPROVEMENT: Any building, structure, place, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment.
LOT, INTERIOR: A lot, other than a corner lot, including through or double frontage lots.
LOT, WIDTH: The minimum required horizontal distance between the side lot lines measured at right angles to the lot depth, at the minimum building setback line. If no setback line is established, the distance between the side lot lines measured along the public right of way.
METES AND BOUNDS DESCRIPTION: A description of real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point and describing the bearings and distances of the lines forming the boundaries of the property or delineating a fractional portion of a section, lot or area by described lines or portions thereof.
NATURAL WATERWAY: A natural passageway on the surface of the earth, so situated and having such a topographical nature that surface water flows through it from other areas before reaching a final ponding area.
OUTLOT: A lot remnant or parcel of land left over after platting, which is intended as open space or other future use, for which no building permit will be issued.
OWNER: An individual, association, syndicate, partnership, corporation, trust or any other legal entity holding an equitable or legal ownership interest in the land sought to be subdivided.
PARCEL: An individual lot or tract of land.
PARKS AND PLAYGROUNDS: Public land and open space in the city dedicated or reserved for recreational purposes.
PEDESTRIANWAY: A public right of way or easement across or within a block to provide access for pedestrians and which may be used for the installation of paths or trails.
PERCENTAGE OF GRADE: Along a centerline of a street, the change in vertical elevation in feet and tenths of a foot for each one hundred feet (100') of horizontal distance, expressed as a percentage.
PERSON: Any individual or legal entity.
PLANNER: The Moorhead city planner.
PLANNING COMMISSION: The Moorhead planning commission.
PRELIMINARY PLAT: A detailed drawing or map of a proposed subdivision, meeting the requirements of this title and in compliance with the comprehensive plan, submitted to the planning commission and governing body for their consideration.
PRIVATE STREET: A street serving as vehicular access to two (2) or more parcels of land which is not dedicated to the public and is owned by one or more private parties.
PUBLIC IMPROVEMENT: Any drainage ditch, roadway, parkway, street, sanitary sewer, storm sewer, water system, sidewalk, pedestrianway, tree, lawn, off street parking area, lot improvement or other facility for which the city may ultimately assume ownership, responsibility for maintenance and operation, or which may affect an improvement, for which local government responsibility is established.
RESTRICTIVE COVENANTS: Contracts entered into between all owners and holders of mortgage constituting a restriction on the use of property within a subdivision for the benefit of the property owners, and providing mutual protection against undesirable aspects of property value and economic integrity of any given area.
RIGHT OF WAY: Land acquired by reservation, dedication, or otherwise intended for public use, and intended to be occupied or occupied by a street, trail, railroad, utility lines, oil or gas pipeline, water line, sanitary sewer, storm sewer or other similar uses.
SETBACK: The distance between a building and the nearest property line.
SKETCH PLAN: A conceptual plan to facilitate discussion between the applicant and city staff regarding a proposed subdivision. The sketch plan may show the proposed layout of streets, lots, proposed playgrounds and parks, the 100-year flood contour line, zoning, approximate lot sizes, and as much relevant information as possible.
STATE: State of Minnesota.
STREET: A public right of way for vehicular traffic, whether designated as a highway, thoroughfare, arterial, parkway, collector, throughway, road, avenue, boulevard, lane, place, drive, court or otherwise designated, which has been dedicated or deeded to the public for public use and which affords principal means of access to abutting property.
STREET, WIDTH: The shortest distance between the lines delineating the face to face of curb.
STREETS, COLLECTOR: Those streets intended to provide a balance between mobility and access, serve moderate traffic volumes, and provide for collection and distribution of traffic from local streets to streets of higher classification. Collector streets provide access to neighborhoods and important travel generators. A limited degree of direct land access is acceptable for safe and efficient operation.
STREETS, CUL-DE-SAC: A local street with only one outlet and having an appropriate terminal or terminals for the safe and convenient reversal of traffic movement.
STREETS, LOCAL: Those streets intended to provide direct access to various land uses. Local streets provide low mobility and serve the lowest traffic volumes. Typically, the local street is a two (2) lane road.
STREETS, LOCAL COLLECTOR: Those streets intended to provide a balance between mobility and access and provide for collection and distribution to traffic from local streets to streets of higher classification. The local collector designation is reserved for those streets that function as a collector street but are projected to serve lower traffic volumes than a typical collector street based on long term forecasts. A greater degree of direct access is acceptable for safe and efficient operation. Direct driveway access to individual properties is discouraged and may be prohibited.
STREETS, MARGINAL ACCESS (FRONTAGE ROAD): Those local streets which are parallel and adjacent to high volume arterial street and highways; and which provide access to abutting properties and protection from through traffic.
STREETS, MINOR ARTERIAL: Those streets intended to provide high mobility, serve large traffic volumes and act as links between various subareas of the city. Minor arterial streets provide for collection and distribution of traffic between principal arterials and streets of lower classification. Regulation of direct access to property is critical to promoting safe and efficient operation.
STREETS, PRINCIPAL ARTERIAL: Those streets intended to provide very high mobility, regional connectivity, and serve the largest traffic volumes. Regulation of direct access to property is critical to promoting safe and efficient operation.
STRUCTURE: Anything which is built, constructed or erected; an edifice or building of any kind; or any piece of work artificially built up and/or composed of parts joined together in some definite manner whether temporary or permanent in character. Among other things, structures include buildings, manufactured homes, walls, fences, swimming pools, billboards, and poster panels.
SUBDIVIDING: The process of dividing land.
SUBDIVISION: The dividing of an area, parcel or tract of land into two (2) or more parcels, tracts, lots or long term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads or alleys for residential, commercial, industrial or other use or any combination thereof. This term includes resubdivision and where appropriate to the context, will relate to the process of subdividing or to the land subdivided. Subdivision will apply as outlined herein except for these separations:
1. Where the resulting parcels, tracts, lots or interests will be twenty (20) acres or larger in size and five hundred feet (500') in width for residential uses and five (5) acres or larger in size of commercial and industrial uses;
2. Creating cemetery lots;
3. Resulting from court orders or the adjustment of a lot line by the relocation of a common boundary.
SURVEYOR: A land surveyor registered under Minnesota state laws.
TRACING: A plat or map drawn on transparent paper, film or cloth which can be reproduced by using regular reproduction procedure.
USGS: United States geological service.
ZONING ORDINANCE: Title 10 of this code or resolution controlling the use of land as adopted by the city. (Ord. 2004-41, 1-3-2005; amd. Ord. 2012-1, 2-27-2012; Ord. 2012-10, 5-29-2012)