TITLE 12
SUBDIVISION REGULATIONS
CHAPTER 1
DEFINITIONS AND GENERAL PROVISIONS
SECTION:
12-1-1: Purpose And Intent
12-1-2: Jurisdiction
12-1-3: Definitions
12-1-4: Violation; Penalty
12-1-1: PURPOSE AND INTENT:
   A.   The regulations of this title are designed to promote the health, safety, morals and general welfare of the community by establishing standards for the subdivision of land within the city. (1990 Code § 12-401; amd. 2004 Code)
   B.   The provisions of this title are specifically designed to lessen the congestion on streets, promote the orderly layout and use of land, secure safety from fire and other dangers, provide adequate light and air, facilitate adequate provisions for transportation, water, sewerage, schools, parks, playgrounds and other public requirements, and protect neighborhood areas from the hazard of through traffic.
   C.   The regulations of this title are designed and intended to achieve the following and should be administered so as to:
      1.   Implement the comprehensive plan;
      2.   Provide neighborhood conservation and prevent the development of slums and blight;
      3.   Harmoniously relate the development of the various tracts of land to the existing community and facilitate the future development of adjoining tracts;
      4.   Provide that the cost of improvements which primarily benefit the tract of land being developed be borne by the owners or developers of the tract, and that the cost of improvements which primarily benefit the whole community be borne by the whole community;
      5.   Provide the best possible design for the tract;
      6.   Reconcile any differences of interests; and
      7.   Establish adequate and accurate records of land subdivision. (1990 Code § 12-401)
12-1-2: JURISDICTION:
The regulations and development standards of this title shall apply to the following forms of land subdivision:
   A.   The division of land into two (2) or more tracts, lots, sites or parcels, any part of which, when subdivided, shall contain less than ten (10) acres in area;
   B.   The division of land, previously subdivided or platted, into tracts, lots, sites or parcels of less than ten (10) acres in area;
   C.   The dedication, vacation or reservation of any public or private easement through any tract of land regardless of the area involved, including those for use by public and private utility companies; or
   D.   The dedication or vacation of any street or alley through any tract of land regardless of the area involved. (1990 Code § 12-402)
12-1-3: DEFINITIONS:
For the purpose of this title, unless the context requires otherwise:
ALLEY: A minor right of way dedicated to public use which gives a secondary means of vehicular access to the back or side of properties, otherwise abutting a street, and which may be used for public utility purposes.
BLOCK: A parcel of land, intended to be used for urban purposes which is entirely surrounded by public streets, highways, railroad rights of way, public walks, parks or greenstrips, rural land or drainage channels, or a combination thereof.
BUILDING LINE OR SETBACK LINE: A line or lines designating the area outside of which a building may not be erected.
EASEMENT: A grant of the use of a strip of land for specific purposes by the property owner to the public, a corporation or persons.
GENERAL PLAN: The comprehensive development plan for the city which has been officially adopted to provide long range development policies for the area subject to urbanization in the foreseeable future and which includes, among other things, the plan for land use, land subdivision, circulation and community facilities.
LOT: A subdivision of a block or other parcel intended as a unit for the transfer of ownership or for development.
LOT, CORNER: A lot located at the intersection of, and abutting on, two (2) or more streets.
LOT, DOUBLE FRONTAGE: A lot which runs through a block from street to street and which has two (2) nonintersecting sides abutting on two (2) or more streets.
LOT SPLIT: Any division of land into two (2) or more parcels for the purpose, whether immediate or future, of transfer of ownership, and which does not constitute a subdivision as herein defined.
PLAT, FINAL: A map of a land subdivision prepared in a form suitable for filing of record with necessary affidavits, dedications, and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets and alleys, public areas, and other dimensions of land.
PLAT, PRELIMINARY: A map of a proposed land subdivision showing the character and proposed layout of the tract in sufficient detail to indicate the suitability of the proposed subdivision of land.
ROADWAY: That portion of any street so designated for vehicular traffic; and where curbs are in place, that portion of the street between curbs.
STREET, COLLECTOR: A minor street as designated on the major street plan and is a street which collects traffic from other minor streets and serves as the most direct route to a major street or a community facility.
STREET, CUL-DE-SAC: A minor street having one end open to vehicular traffic and having one closed end terminated by a turnaround.
STREET, FRONTAGE OR SERVICE: A minor street auxiliary to, and located on, the side of a major street for service to abutting properties and adjacent areas and for control of access.
STREET, MAJOR: An arterial street which is designated on the major street plan or expressway plan.
STREET, MINOR: Any street not specifically classified on the thoroughfare or comprehensive plan whose primary purpose is to provide access to adjacent properties.
SUBDIVIDER: Any person, firm, partnership, or corporation or other entity acting as a unit, subdividing or proposing to subdivide land as herein defined.
SUBDIVISION: The division or redivision of land by map into two (2) or more lots, tracts, sites or parcels for the purpose of transfer of ownership or for development, or the dedication or vacation of a public or private right of way or easement. (1990 Code § 12-403)
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