For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATOR. The Code Enforcement Officer or other official appointed by the Mayor and the City Council to administer this chapter.
ALLEY. A narrow service way providing a secondary public means of access to abutting properties, and not more than 20 feet wide.
AMENDMENT. A change in the provisions of this chapter, properly effected in accordance with state law and the procedures set forth herein.
AREA, BUILDING. The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of unenclosed patios, terraces and steps.
AREA GROSS. The entire area within the lot lines of the property proposed for subdivision/ development, including any areas to be dedicated/reserved for street and alley rights-of-way and for public uses.
AREA, NET. The entire area within the boundary lines of the territory proposed for subdivision, less the area to be dedicated for street and alley rights-of-way and public use.
ARTERIAL STREET. A street designed or utilized primarily for high vehicular speeds or for heavy volumes of traffic on a continuous route with intersections at grade, and on which traffic-control devices are used to expedite the safe movement of through traffic.
BARRIER, NATURAL or ARTIFICIAL. Any street, highway, river, pond, canal, railroad, levee, embankment or screening by a fence or hedge.
BLOCK. The property abutting on one side of a street between the two nearest intersection streets or other natural barriers.
BUILDING. A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels or property. When separated by party walls, each portion of the BUILDING shall be considered a separate structure.
BUILDING SETBACK LINE. A line parallel to the street line at a distance regulated by the front yard requirements set upon in this chapter.
CATCH BASIN. A receptacle, located where a street gutter opens into a storm sewer, designed to retain matter that would not easily pass through the storm sewer.
CENTERLINE.
(1) The centerline of any right-of-way having a uniform width;
(2) The original centerline, where a right-of-way has been widened irregularly; and
(3) The new centerline, whenever a road has been relocated.
CENTERLINE OFFSET. The distance between the centerlines of two roughly parallel streets, measured along the third street with which both parallel streets intersect.
CLUSTER DEVELOPMENT. A subdivision planned and constructed so as to group housing units into relatively dense patterns while providing a unified network of open space and wooded areas, and meeting the requirements of this chapter and Ch. 155 of this code of ordinances, Zoning.
COLLECTOR STREET. A street which carries or is proposed to carry intermediate volumes of traffic from local streets to arterial streets and which may or may not be continuous.
COMMON LAND. The land set aside for open space or recreational use for the owners of the lots of a subdivision, which land is conveyed by the developer in fee simple absolute title by warrant to trustees, whose trust indenture shall provide that the COMMON LAND be used for the sole benefit, use and enjoyment of the lot owners present and future. No lot owner shall have the right to convey his or her interest in the COMMON LAND, except as an incident of the ownership of a regularly platted lot.
COMPREHENSIVE PLAN. The plan or any portion thereof adopted by the City Council to guide and coordinate the physical and economic development of the city. The city’s Comprehensive Plan may include, but is not limited to, plans and programs regarding the location, character and extent of highways, bridges, public buildings or uses, utilities, schools, residential, commercial or industrial land uses, parks, drainage facilities and the like.
CROSS-SLOPE. The degree of inclination measured across a right-of-way rather than in the direction traffic moves on the right-of-way.
CUL-DE-SAC. A short minor local street having only one outlet for vehicular traffic and having the other end permanently terminated by a turn-around for vehicles; the term may also be used to refer solely to the turn-around.
CURB AND GUTTER, INTEGRAL. The rim forming the edge of a street, plus the channel for leading off surface water, constructed of poured concrete as a single facility.
DEAD-END STREET. A street having only one end open for vehicular traffic and the other end permanently terminated by a turn-around for vehicles.
DEDICATE. To transfer the ownership of a right-of-way, parcel of land or improvement to the city or other appropriate government entity without compensation.
DENSITY GROSS. The total number of dwelling units divided by the total project area, expressed as gross dwelling units per acre.
DENSITY, NET. The total number of dwelling units divided by the net acreage. See definition of AREA, NET.
DESIGN. The arrangement of uses on the land and the arrangement of easements, lots and rights-of-way, including specifications of materials, alignment, grade and width of these elements.
DEVELOP. To erect any structure or to install any improvements on a tract of land, or to undertake any activity (such as grading) in preparation therefor.
DIMENSIONS. Refers to both lot depth and lot width.
DISTRICT, ZONING. A portion of the territory of the city wherein certain uniform requirements or various combinations thereof apply to structures, lots and uses under the terms of Ch. 155 of this code of ordinances, Zoning.
DRAINAGEWAY. A watercourse, gully, dry stream, creek or ditch which carries water runoff or which is fed by street or building gutters or by storm water sewers, or which serves the purpose of draining water from the lands adjacent to the watercourse, gully, dry stream, creek or ditch.
EASEMENT. A grant by the property owner to the public, a corporation or a person of the use of land for limited and specifically named purpose.
ESCROW DEPOSIT. A deposit in cash or other approved securities to assure the completion of improvements within a subdivision.
FILING DATE. The date that the applicant has filed the last item of required data or information with the City Clerk and has paid the necessary fees for review by the Plan Commission.
FLOOD HAZARD AREA. All land subject to periodic inundation from overflow of natural waterways.
FRONTAGE. All the property abutting on one side of a road, street or place between two intersecting roads or places (crossing or terminating) or if the road, street or place is dead ended, then all of the property abutting on one side between an intersecting road, street or place and the dead end of the road, street or place.
FRONTAGE ROAD. A minor street fronting an arterial street or highway (usually a limited access highway), used for access to abutting lots.
GRADE. The degree of inclination of the site or right-of-way, expressed as a percentage. Synonym for SLOPE.
HILLSIDE AREA. An area with an average slope of 20% or more.
IMPROVEMENT. Site grading, street work and utilities (including water, sewer, electric, gas, storm water, telephone and cable television) to be installed or agreed to be installed by the subdivider on land to be used for public or private streets, and easements or other purposes as are necessary for the general use of lot owners in the subdivision. Including the furnishing of all materials, equipment, work and services such as engineering, staking and supervision, necessary to construct all the IMPROVEMENTS required in §§ 154.040 through 154.058 of this chapter or any other IMPROVEMENTS that may be provided by the subdivider. All of the materials, equipment and services shall be provided at the subdivider’s cost and expense, although he or she may enter into a contract with the individuals and firms to complete the IMPROVEMENTS, and the IMPROVEMENTS shall be subject to the final approval of the City Council.
IMPROVEMENT PLANS. The engineering plans showing types of materials and construction details for earth moving and for the structures and facilities to be installed both in, or in conjunction with, a subdivision.
INLET. A receptacle, located where surface and/or ground water can run to by gravity to be received by the storm sewer.
INTERSECTION. The point at which two or more public rights-of-way (generally streets) meet.
LAND USE PLAN. The comprehensive long-range plan for the desirable use of land, the purpose of the plan being, among other things, to serve as a guide to the zoning and progressive subdividing and use of undeveloped land.
LOCAL STREET. A street serving limited amounts of residential traffic, and for access to abutting property, and on which the speed limit is low and the traffic volume minimal.
LOT. A parcel, tract or area of land accessible by means of a road, street or place. It may be a single parcel separately described in a deed or plat which is recorded in the office of the county’s Recorder, or it may include parts of or a combination of the parcels when adjacent to the other and used as one.
LOT AREA. The area of a horizontal plane bounded by the front, side and rear lines of a lot, exclusive of any land designated for street right-of-way.
LOT, BUTT. A lot at the end of a block and located between two corner lots.
LOT, CORNER. A lot at the junction of and having frontage on two or more intersecting streets or roads.
LOT, DEPTH OF. The mean horizontal distance between the front lot line and the rear lot line, measured in the general direction of the side lot lines.
LOT, INTERIOR. A lot other than a corner lot or through lot.
LOT LINE, FRONT. In the case of an interior lot, the line abutting a road, street or place; and, in the case of a corner lot, the line of the narrowest portion of the lot abutting a road, place or street.
LOT LINE, REAR. The lot line most nearly parallel to and most remote from the front lot line.
LOT LINE, SIDE. Any lot line other than front or rear lot line. A corner side lot line separating a lot from a street is called a street side lot line. A SIDE LOT LINE separating a lot from another lot or lots is called an interior side lot line.
LOT OF RECORD. An area of land designated as a lot on a plat of subdivision recorded with the county’s Recorder of Deeds in accordance with state law.
LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets and which is not a corner lot.
LOT, WIDTH. The dimension of a lot, measured between side lot lines on the building setback line.
MAINTENANCE BOND. A surety bond, posted by the developer and approved by the city, guaranteeing the satisfactory condition of installed improvements for the one-year period following their dedication.
MASTER DEVELOPMENT PLAN. A combination of maps, drawings, site plans, charts and supportive narrative material that portrays total development to be achieved in the overall project area; which provides sufficient detailed information to both illustrate and described the intended character and configuration of development to be accomplished.
METES AND BOUNDS. 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 description of the lines forming the boundaries of the property or delineates a fractional portion of a section, lot or area by describing lines or portions thereof.
OFFICIAL MAP. A graphic statement of the existing and proposed capital improvements planned by the city which require the acquisition of land, such as streets, drainage systems, parks and the like.
OWNER. A person having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these regulations.
PARKING LANE. An auxiliary lane of a street and primarily used for vehicular parking.
PEDESTRIAN WAY. A right-of-way dedicated to public use which cuts across a block to facilitate safe pedestrian access to adjacent streets and properties.
PERFORMANCE BOND. A surety bond posted by the developer and approved by the city, guaranteeing the installation of required improvements within, or in conjunction with, a subdivision.
PERSON. Any agent, individual, firm, association, partnership, corporation, syndicate or trust.
PLAN COMMISSION. The Plan Commission of the city.
PLANNED UNIT DEVELOPMENT (PUD). A comprehensively planned development containing residential, commercial, industrial or other land uses on an area of land under continuing unified control. A PLANNED UNIT DEVELOPMENT may contain a single type of land use or combination of land uses; provided that, the development is reviewed, evaluated and approved by the city and satisfies the requirements contained herein.
PLANS. All of the drawings including plats, cross-sections, profiles, working details and specifications, which the subdivider prepares or has prepared to show the character, extent and details of improvements required in this chapter and which plans shall conform to any requirements of the Plan Commission as to scale and details for submittal to the approval officials of the city for consideration, approval or disapproval.
PLAT, FINAL. The final engineering and architectural maps, drawings and supporting material indicating the subdivider’s plan of the subdivision which, if approved, may be filed with the county’s Recorder of Deeds.
PLAT, PRELIMINARY. Preliminary engineering and architectural maps, drawings and supportive material indicating the proposed layout of a subdivision.
PROJECT AREA. The territory intended to be subdivided or developed, and portrayed and defined in the preliminary and final plats.
RESERVE. To set aside a parcel of land in anticipation of its acquisition by the city or other appropriate government entity for public purposes.
RESERVE STRIP. A narrow strip of land between a public street and adjacent lots which is designated on a recorded subdivision plat or property deed as land over which vehicular travel is not permitted.
RESUBDIVISION. See SUBDIVISION.
REVERSE CURVE. A curve in a street heading in approximately the opposite direction from the curve immediately preceding it so as to form as S-shape.
RIGHT-OF-WAY (R.O.W.), PUBLIC. A strip of land which the owner/subdivider has dedicated to the city or other appropriate government entity for streets, alleys and other public improvements; sometimes abbreviated as R.O.W.
ROADBED. The graded portion of a street upon which the base course, surface course, shoulders and median are constructed.
ROADWAY. The entire improved portion of the street, including shoulders, parking lanes, travel way, curbs and gutter.
SETBACK LINE. A line that is usually parallel to the front, side or rear lot line establishing the minimum space to be provided as the front, side or rear yard.
SIDEWALK. A pedestrian way constructed in compliance with the standards of this section, generally abutting or near the curb line of the street.
SLOPE. The degree of inclination of site or right-of-way expressed as a percentage. Synonym for GRADE.
SOIL AND WATER CONSERVATION DISTRICT. The county’s Soil and Water Conservation District.
STREET or ROAD. A public or private way which affords the principal means of access to abutting properties.
STREET, AREA SERVICE HIGHWAY. Area service highways interconnect collectors and land access streets with the principal system and vice versa, brings all developed areas within a reasonable distance of principal streets, connects and provides direct access to major traffic generators, provides secondary service to smaller communities, may provide access to abutting property and have a medium volume design capacity and travel speeds.
STREET, CUL-DE-SAC. A short, land-access street, having only one end open for vehicular traffic, and the other permanently terminated by a turn-around for vehicles.
STREET, DEAD-END. Land access streets similar to cul-de-sacs; except that, they provide no turn-around circle at their closed end, and are not permitted in any proposed subdivision.
STREET, LAND ACCESS. Land access streets provide access to abutting properties, have a relatively short travel distance and have a low volume design capacity and travel speeds.
STREET, LOOPED. Land access streets having two open ends, each end generally connecting with the same street, no other streets intersecting between its ends and property fronts on both sides of the street.
STREET, MARGINAL ACCESS or SERVICE ROAD. A land access street parallel and adjacent to area service highways providing access to abutting properties.
STRUCTURE. Any thing constructed or erected, that use of which requires location on the ground or attached to something having location on the ground. The term STRUCTURE shall include billboards and signs.
STUB or BUTT STREET. A street that is temporarily terminated, but that is planned for future continuation.
SUBDIVIDER. Any person, firm, partnership, association, corporation, estate or other group or combination acting as a unit, dividing or proposing to divide land in a manner that constitutes a SUBDIVISION, as defined in this section.
SUBDIVISION.
(1) The division of land into two or more lots or parcels for the purpose of either immediate or future sale, rental or building development or use(s) other than agricultural use or production; and
(2) Establishment or dedication of a public street or alley through a tract of land regardless of size. The term
SUBDIVISION shall also include all resubdivisions of land or lots.
TOPOGRAPHY. The relief features or surface configuration of an area of land.
TRAVELWAY. The portion of a street used for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
VACATE. To terminate the legal existence of right-of-way or subdivision, and to so note on the final plat recorded with the county’s Recorder of Deeds.
VARIANCE, SUBDIVISION. A relaxation in the strict application of the design and improvement standards set forth in this chapter.
YARD, FRONT. A yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lamp posts and similar structures, the depth of which is the least distance between the front lot line and the building line.
YARD, REAR. A yard extending across the full width of the lot between the rear of the principal building and the rear lot line unoccupied other than by accessory buildings which do not occupy more than 30% of the required space, and steps, walks, terraces, driveways, lamp posts and similar structures, the depth of which is the least distance between the rear lot line and the rear of the principal building.
YARD, SIDE. A yard between the principal building and the side lot line, extending from the front yard or from the front lot line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally, at 90 degrees with the side lot line, from the nearest part of the principal building.
(1994 Code, § 154.05) (Ord. 434, passed 4-26-1993)