The purpose of this chapter is to promote the public health, safety, and general welfare of the community and these regulations are designed to lessen congestion in the streets and highways; to further the orderly layout and use of land; to secure safety from fire, panic, and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate adequate provision for transportation, water, sewerage, schools, parks, playgrounds, and other public requirements; and to facilitate the further subdivision of larger tracts into smaller parcels of land. These regulations are made with reasonable consideration, among other things, of the character of the City, with a view of conserving the value of the buildings placed upon land, providing the best possible environment for human habitation, and for encouraging the most appropriate use of land throughout the City as it relates to the limit of service existing municipal capital improvement commitments, either planned or existing for the City and the unincorporated area of Sioux County within the extra territorial plat jurisdiction area.
For this purpose, certain words and terms are herewith defined.
1. “Administrative Officer” means the person officially designated by the City Council as the officer responsible for the administration and enforcement of this chapter.
2. “Alley-service” means a service roadway providing a secondary means of public access to the abutting property intended only for the services access of utilities and not to be used for general traffic circulation.
3. “Alley-vehicular” means a public or private way permanently reserved as a secondary means of access to abutting properties.
4. “Building line” means a line on a plat between which line and a property line no structure, including any projection above the juncture of the ground and building may be erected.
5. “Commission” means the Planning and Zoning Commission of the City.
6. “Culs-de-sac” means minor streets with only one outlet and culminated by a circular or looped connection.
7. “Easement” means a grant by a property owner of the use, for a specific purpose or purposes, of a strip or parcel of land to the general public, a corporation, or persons.
8. “Extraterritorial plat approval jurisdiction” means the unincorporated area within one mile of the corporate limits of the City.
9. “Improvements” means the furnishing of all materials, equipment, work, and services, including plans and engineering services, staking, and supervision necessary to construct all the improvements required in Sections 166.04 and 166.05 of this chapter or any other construction that may be provided by the subdivider. All of such materials, equipment, and services shall be provided at the subdivider’s cost and expense, although he may enter into a contract with individuals and firms to construct or complete such improvements.
10. “Lot” means a portion of a subdivision or other parcel of land intended for transfer of ownership or for building development.
11. “Performance bond” means a surety bond or cash deposit made out to the City in an amount equal to the full cost of the improvements which are required by this regulation in the final plat, said cost being estimated by the consulting City Engineer or Planning and Zoning Commission, and said surety bond or cash deposit being legally sufficient to secure to the City that the said improvements will be constructed in accordance with this regulation.
12. “Plan” means a map or drawing which shows the general arrangement of the scheme or design for the subdivision of land, dedication of streets, other rights-of-way or easements which shall contain general dimensioning and not including detailed accurate lot dimensions curvatures and other engineering data.
13. “Right-of-way” means the width between property lines of a road, street, parkway, alley, pedestrian walkway, or other public system.
14. “Roadway” means that portion of the street available for vehicular traffic, and where curbs are laid, the portion from back to back of curbs.
15. “Street” means all property dedicated or intended for public or private use for access to abutting lands or subject to public easements therefore, and whether designated as a street, highway, thoroughfare, parkway, throughway, expressway, road, avenue, boulevard, lane, place, circle, or however otherwise designated for the movement of vehicles.
A. “Arterial streets and highways” means those streets and highways which are used primarily for fast or heavy traffic.
B. “Collector streets” means those streets which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.
C. “Minor streets” means streets not designated as arterial or collector street in major thoroughfare plan for the City.
16. “Subdivider” means any person, individual, firm, partnership, association, corporation, estate, trust, or any other group of combination acting as a unit, dividing or proposing to divide land so as to constitute a subdivision as defined herein.
17. “Subdivision” means the division of any parcel of land shown as a unit or as contiguous units of the last preceding tax roll into three or more parts any one of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership, provided, however, that:
A. The division or partition of land into parcels of more than five acres, not involving any new streets or easements of access, and the sale or exchange, does not create additional building sites shall be exempted; or
B. The improvement of one or more parcels of land for residential, commercial, or industrial structures or groups of structures involving the division or allocation of land for the opening, widening, or extension of any street or streets, except private streets serving industrial structures; or
C. The division or allocation of land as open spaces for common use by owners, occupants, or lease holders or as easements for the extension and maintenance of public sewer, water, storm, drainage, or other public facilities.
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