A. General Rules: Unless specifically defined below, words or phrases used herein shall be interpreted so as to give them the meanings they have in common usage and to give these regulations their most reasonable application.
1. City council means the common council of the city of Tombstone also known as the council.
2. Building includes the word structure.
3. Commission means the city of Tombstone planning and zoning commission.
4. Common usage shall be used to interpret all words and terms unless otherwise defined.
5. Lot includes the words plot or parcel.
6. Person includes a firm, association, organization, partnership, trust, company as well as an individual.
7. Shall and must are mandatory and the words may, can and should are permissive.
8. Applicant includes subdivider, developer, property owner and authorized representative.
9. Used or occupied includes the words intended, designed or arranged to be used or occupied.
10. The words road and street can be used interchangeably.
B. Definitions:
ABANDONED: Said of streets, public ways, easements or rights of way when the city council, by proper actions abrogates all public rights to said streets, public ways, easements or rights of way.
ACRE: An area of land comprising forty three thousand five hundred sixty (43,560) square feet.
ACTING IN CONCERT: Evidence of collaborating to pursue a concerted plan.
ADOT: Arizona department of transportation.
ADVERTISING: The attempt by publication, dissemination, exhibition, solicitation or circulation, oral or written, or for broadcast on radio or television or other electronic media to induce directly or indirectly any person to enter into any obligation or acquire any title or interest in lands subject to the provisions of this chapter including the land sales contract to be used and any photographs, drawings or artist's presentations of physical conditions or facilities existing or to exist on the property.
AGENT: Person representing the applicant during subdivision project. An agent shall provide a notarized authorization of agency from the property owner(s).
APPROVAL, CONDITIONAL: An affirmative action by the commission or the council indicating that approval shall be forthcoming upon satisfaction of certain specified stipulations.
APPROVAL, FINAL: Unconditional approval of the final plat by the city council, as evidenced by certification on said plat by the city clerk.
APPROVAL, TENTATIVE: Approval of the tentative plat by the commission.
AREA OF JURISDICTION: The jurisdictional limits of the city of Tombstone.
BLOCK: That property or group of lots entirely surrounded by streams, rail, streets, unsubdivided acreage, or other barrier, except an alley, of such size as to interrupt the continuity of development on both sides thereof.
COMMON AREAS: Those areas reserved for the common use of all subdivision property owners. Common areas can include commonly owned conservation areas, private streets and other private infrastructure and areas maintained in agricultural or other conservation easements.
COMMON PROMOTIONAL PLAN: A plan, undertaken by a person or a group of persons acting in concert, to offer lots for sale or lease. If the land is offered for sale by a person or group of persons acting in concert, and the land is contiguous or is known, designated or advertised as a common unit or by a common name, the land is presumed, without regard to the number of lots covered by each individual offering, as being offered for sale or lease as part of a common promotional plan. Separate subdividers selling lots or parcels in separately platted subdivisions within a master planned community shall not be deemed to be offering their combined lots for sale or lease as part of a common promotional plan.
CONSERVATION EASEMENT: A recorded document preserving land in perpetuity in its present, repaired or enhanced state as described in the easement document.
COST ESTIMATES: The estimated cost of subdivision improvements including an appropriate inflation factor, approved by the director of public works, to be used to determine the amount needed to secure improvements.
COVENANTS, CONDITIONS AND RESTRICTIONS: A privately executed, recorded and enforced document designed to govern the use of lots within a subdivision. The city cannot legally enforce covenants unless specific restrictions are denoted on the final plat as a condition of final plat approval.
DEDICATION: The giving by the owner of private property for public use, and the acceptance by the proper public authority.
DEFENSIBLE SPACE: Refers to an area around the perimeter of structures or developments that is designed to be a key point of defense against encroaching fires.
EASEMENT: A grant by the owner to the public or some particular person or part of the public of a parcel of land set aside or over which a liberty, privilege or advantage in land without profit exists, but distinct from the ownership of said land.
ENGINEER, CITY: The city engineer who is the director of public works or a designated representative.
ENGINEER, SUBDIVISION: The project engineer licensed to practice in Arizona and authorized by the property owner to oversee the project including construction of improvements.
ENGINEERING IMPROVEMENT PLANS: Plans, profiles, maps, cross sections, and other required details necessary for the construction of public improvements, prepared by an engineer licensed to practice in the state of Arizona in accordance with the approved tentative plat and in compliance with standards of design and construction of the city.
Exception: Any parcel of land located within the boundaries of a subdivision that is not included in the plat.
FEES: As set forth in the adopted fee schedules. All checks are payable to the treasurer of the city of Tombstone.
FLOODPLAIN REGULATIONS: The floodplain regulations for Cochise County adopted by the flood control district and as amended from time to time.
METES AND BOUNDS: The legal description of a lot or parcel of land by courses and distances.
OWNER: The person or persons holding title by deed to land, or holding title as vendees under a land sale contract, or holding any other title of record.
PARKS: Include turf field game areas, hard surface game courts, multiple use areas, circulation, parking, recreation service buildings and other park related uses.
PAVED: To include double bituminous surface treatment and asphaltic concrete.
PLAN, COMPREHENSIVE: Plan and maps adopted by the city council for the guidance of growth in the city.
PLANNING DIRECTOR: The director of public works.
PLANS, OTHER: Other plans and maps adopted by the city council as amendments to the comprehensive plan for the guidance of growth in a specific area of the city of Tombstone. The term plan includes community, regional, neighborhood, area, master development and transportation or circulation plans.
PLAT, FINAL: A map of all or a part of a subdivision providing substantial conformance to an approved tentative plat prepared in accordance with the provisions of these subdivision regulations and bearing all certificates of approval as required by these subdivision regulations and duly recorded by the Cochise County recorder.
PLAT, TENTATIVE: A preliminary map, including supporting data, indicating a proposed subdivision development, prepared in accordance with the provision of these subdivision regulations.
RIGHTS OF WAY: The entire dedicated tract or strip of land that is for the use of the public for circulation and services, the length and width of which shall be sufficient to provide adequate accommodation for all physical features to be included therein in accordance with the Cochise County road construction standards and specifications for public improvements.
ROADWAY CONSTRUCTION STANDARDS: Refers to the Cochise County road construction standards and specifications for public improvements, a set of regulations setting forth details, specifications, and requirements established by the city engineer, approved and amended from time to time by the board of supervisors, for design and construction of improvements within established city road rights of way and within private subdivision street easements.
RURAL SUBDIVISION: Average density of one dwelling unit per two (2) acres or less dense.
SIGNS AND MARKINGS: Street name signs including directionals, stop signs, speed limit and other regulatory signs and markings. Signs shall comply with "Manual Of Uniform Traffic Control Devices" (MUTCD) and all regulatory signs shall be approved by the city council as part of final plat approval.
SUBSTANTIAL PROGRESS TOWARDS FINAL PLAT APPROVAL: Substantial progress requires that a final plat has been submitted for review and that progress has been made addressing any conditions of tentative plat approval.
TRACT: Any portion of land included within the subdivision that is not used as an individual parcel usually denoted A, B, C, etc. The purpose of a tract shall be denoted on the tentative and final plats. (Ord. 2005-01, 2-8-2005)
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