For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALIQUOT PART. Means one-quarter of one-quarter of a section (40 acres).
ALLEYS. A public right-of-way primarily designed to allow through vehicular traffic, serves as a secondary access to the side or rear of those properties whose principal frontage is on some other street.
APPLICANT. An owner, subdivider or developer of land proposed to be subdivided or their representative. Where application is made by a developer or subdivider, consent shall be required by written affidavit from the legal owner of the property.
AUDITOR’S PLAT. A subdivision plat required by either the auditor or the assessor, prepared by a professional land surveyor licensed in the state in accordance with Iowa Code §§ 354.13 through 354.17.
BLOCK. A tract or parcel of land entirely surrounded by public highways, streets, streams, railroad rights-of-way or parks or a combination thereof.
BUILDING. Any structure used, designed, or intended for the protection, shelter, enclosure or support of persons or property.
BUILDING LINE. A line on a plat generally parallel to the public right-of-way, indicating the limit beyond which buildings or structures may not be erected.
CITY ADMINISTRATOR. The chief administrative officer of the city.
CITY PUBLIC WORKS DIRECTOR. The city official who is trained in engineering and has been designated by the City Council to furnish engineering expertise in the administration of these regulations.
CITY DIRECTOR OF PLANNING AND ZONING. The designated planning and zoning official of the city who has principal responsibility for advising the Planning and Zoning Commission and City Council on land use development, zoning and platting matters, providing staff support to the Zoning Board of Adjustment and enforcing the comprehensive plan and zoning, subdivision and sign ordinances.
COMMON OPEN SPACE. That undivided land in a subdivision which is jointly owned and maintained by all property owners of the subdivision, for the enjoyment and benefit of the owners and occupants of the individual building sites of the said development.
COMPREHENSIVE PLAN. The plan for the improvement and development of the city and adjoining areas as adopted by the Planning and Zoning Commission and City Council in accordance with the laws of the state and the ordinances of the city together with any and all amendments thereto.
COMMUNITY DEVELOPMENT DEPARTMENT. A department of the city consisting of the economic development, planning and zoning and building divisions.
CONSTRUCTION PLANS. The maps or drawings prepared by a professional engineer licensed in the state accompanying a subdivision plat and showing the specific location and design of improvements to be constructed in the subdivision in substantial accordance with the requirements of the city and the conditions of the approval of said plat. Said plans shall be submitted prior to preliminary plat approval by City Council.
CUL-DE-SAC. A short local street having one end open to vehicular traffic, the other end being permanently terminated by a vehicular turn around.
DAYS. Refers to calendar days, unless otherwise specified.
DEAD-END STREET. A street with one end open to traffic and the other end terminating without a vehicular turn around.
DEAD-END STREET, TEMPORARY. A street with one end open to traffic and the other end terminating at the boundary line of the subdivision, but will be required to be extended at a later date to provide access to abutting land.
DEDICATION. A grant of land by the owner to the city for public use.
DESIGN STANDARDS. Guides, principles and specifications for the preparation of subdivision plans indicating the minimum and maximum dimensions of the various elements set forth in the preliminary plan.
DEVELOPER. The owner or agent under legal authority of the owner or owners of record, who undertakes to cause a parcel of land to be designed, constructed and recorded as a subdivision. The term developer may also be known as a “subdivider”.
DIVISION. Dividing a tract or parcel of land into two parcels of land by conveyance or for tax purposes. The conveyance of an easement, other than a public highway or street easement, shall not be considered a division for the purpose of this chapter.
DUPLEX. A single building with exactly two totally separate and complete dwelling units sharing a common unpierced wall extending from ground to roof.
EASEMENT. A grant by the property owner to the public, a corporation, or persons, of the use of private land for specific limited private, public and quasi-public uses.
ENGINEER. A professional engineer licensed under the provisions as specified in the state statutes.
EROSION CONTROL. Restraining the detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice and/or gravity.
FINAL PLAT. A map or plan drawn to precise engineering accuracy and dimension showing the specific layout of the public improvements constructed in the subdivision and including as a minimum, items set forth in §§ 156.060 through 156.070, along with accompanying material, for the purpose of recording as a subdivision of land.
FINAL PLAT APPROVAL. Approval given by the City Council, after recommendation by Planning and Zoning Commission, to the final plat maps and accompanying material which together constitute final platting in accordance with the requirements contained herein to be filed with the County Recorder.
FLAG LOT. An interior lot located to the rear of another lot and land locked from a public right-of-way, except by a means of a narrow extension of the lot. This narrow extension serves as a private access to the public right-of-way.
FLOOD PLAIN. That portion of the special flood hazard area which have a 1% or greater chance of being inundated by flood waters in any given year. It is coterminous with the (FP) Flood Plain District overlay zone adopted by the code of ordinances.
FRONTAGE ROAD (STREET). A street dedicated adjacent to and parallel to a major street with limited or controlled access and dedicated to provide frontage access to abutting properties.
GRADING PLAN. A drawing of a proposed subdivision with plans and specifications for grading and drainage.
GREENBELT. An open area which may be cultivated or maintained in a natural state surrounding development or an area used as a buffer between land uses or to protect a riparian or ecological sensitive area.
IMPROVEMENTS. Changes and additions to land necessary to prepare it for development; and including street surfacing and paving, curbs and gutters, grading, monuments, sidewalks, pedestrian ways, water mains and lines, fire hydrants, sanitary sewers, storm drainage facilities, culverts, manholes, bridges, public utilities or other public work installations and appurtenances as designated by the City Council or its specific approving authority.
LOT. A tract of land represented and identified by number or letter designation on an official subdivision plat intended as a unit for transfer of ownership or for development.
LOT LINE ADJUSTMENT. The resetting on an interior lot line between lots in a platted subdivision to reconfigure, consolidate or adjust the boundaries of adjoining lots.
MAINTENANCE BOND. A surety bond or cash deposit posted by a contractor or developer and made out to the city in an amount equal to the full cost of the improvements required by this chapter. The bond amount shall be approved by the Public Works Director, and said surety bond or cash deposit being legally sufficient to secure to the city that said improvements shall be kept in good repair from the time of acceptance by the city of said improvements for such period as is specified by this chapter.
METES AND BOUNDS. A description of land that uses distances and angles, uses distances and bearings, or describes the boundaries of the parcel by reference to physical features of the land.
MINOR SUBDIVISION. The process to waive the preliminary plat procedure for subdivisions which all required public improvements are in place, except for required public right-of-way dedication on an existing improved public roadway.
MONUMENT. A physical structure which marks the location of a corner or other survey point.
OWNER. Any person, group of persons, firm, corporation, or any legal entity having legal and equitable title in the land sought to be subdivided under these regulations.
PARCEL. A part of a tract of land.
PEDESTRIAN WAY. A right-of-way dedicated for public use, which crosses a block to facilitate pedestrian access to adjoining streets and/or properties.
PERFORMANCE BOND. A surety bond or cash deposit posted by a contractor or developer made out to the city in an amount equal to the full cost of the improvements. The bond amount shall be that of the contract price, and said surety bond or cash deposit being legally sufficient to secure to the city that said improvements will be constructed in accordance with the terms of the contract documents.
PLANNING COMMISSION. The Planning and Zoning Commission of the city.
PLAT OF SURVEY. A graphical representation of the survey of one or more parcels of land, including a complete and accurate description of each parcel within the plat, prepared by a professional land surveyor licensed in the state. In appropriate context, a plat may refer to the parcel of ground represented by the plat and may be synonymous with “subdivision”. It may also be used as a verb referring to the act of preparing a plat.
PRE-APPLICATION CONFERENCE. An advanced meeting held prior to subdivision platting between the developer, the Planning and Zoning Department, the Public Works Department, and other appropriate representatives. This meeting is for the purpose of reviewing and discussing a proposed sketch plan as prepared in accordance with the requirements in §§ 156.020 through 156.025.
PRELIMINARY PLAT APPROVAL. The approval given by the City Council, after Planning and Zoning Commission recommendation, to the preliminary plat of a subdivision which will form the basis for preparation of a final plat.
REPLAT. A final plat consisting in total or part of land which has previously been included in a recorded subdivision plat.
SKETCH PLAN. A schematic layout of the proposed development as prepared in accordance with the requirements in §§ 156.020 through 156.025. It shall serve only as a guide for development and to enable the developer to save time and expense in reaching general agreement with the Planning and Zoning and Public Works Departments as to the form of the plat and the objectives of these regulations.
STREET. A right-of-way dedicated for public use which provides principal vehicular and pedestrian access to more than one parcel.
STREET CLASSIFICATION. An assignment of functional character and carrying capacity to streets and highways as have been designated in the Comprehensive Plan and classified therein. The required improvements shall correspond to each street classification contained therein and as set forth in § 156.129.
(1) PRIMARY ARTERIALS. The streets that provide access through the community and carry large traffic volumes. Streets in this category include I-80, Iowa Highway 14 and U.S. Highway 6.
(2) SECONDARY ARTERIALS. The streets that provide primary traffic circulation within the community. Generally, these streets serve as neighborhood boundaries and should not bisect neighborhoods. Streets in this category include South 8th Avenue, East 12th Street and Iowa Speedway Drive.
(3) COLLECTORS. The streets that provide access to and from individual neighborhoods. They serve to connect local streets to the arterial system. Streets in this category include West 4th Street South, East 4th Street and North 4th Avenue.
(4) LOCAL STREETS. Include the balance of the street system that primarily serves the function of providing access to and from individual properties. Streets in this category include East 18th Street North, East 26th Street South and West 15th Street North.
STREET RIGHT-OF-WAY WIDTH. The distance between property lines measured at right angles or radial to the center line of the street.
SUBDIVISION. The division of any lot, tract or parcel of land into three or more lots within any 40-acre aliquot part of a section for the purpose of transfer of ownership or building development. Where appropriate to the content, the term shall relate to the process of subdivision or the land subdivided and shall include re-subdivision.
SURVEYOR. A land surveyor licensed under the provisions as set out in the state statutes.
TRACT. An aliquot part of a section, a lot within an official plat or a government lot.
U.S.G.S. United States Geological Survey.
ZONING ORDINANCE. The Zoning Ordinance of the city together with any and all amendments thereto, adopted by City Council.
(Ord. 2217, passed 11-4-2013)