For the purposes of this Code, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense shall include the future; the singular number shall include the plural and the plural, the singular; the word
SHALL is mandatory and the word MAY is permissive.
ALLEY. A minor way other than a street that is intended to provide a secondary means of vehicular access to more than one abutting property and that is open to common use.
BUILDING. A structure that is designed, used or intended to be used for the protection, shelter, enclosure or support of persons, animals or property.
CITY. The City of Urbandale, Iowa.
COMMISSION. The city’s Planning and Zoning Commission.
COMPREHENSIVE PLAN. The city’s long-range plan for land use and development, also known as a GENERAL PLAN.
CUL-DE-SAC. A street having one end open to traffic and the other end permanently terminated and provided with a turn-around for vehicles.
DEVELOPER. Any person, individual, firm, partnership, association, corporation, estate, trust or other entity that proposes or acts to grade, excavate, improve or otherwise prepare a parcel of land for possible use for any purpose other than agricultural uses that are exempted from local regulation by the Code of Iowa, or to create a subdivision.
DEVELOPMENT. The act or result of improving a parcel of land for possible use as a building site or for the use of the land itself, for any purpose except an agricultural use that is exempted from local regulation by the Code of Iowa and public projects that are subject to approval by the City Council or State of Iowa under the requirements of other codes or regulations. DEVELOPMENT includes, but is not limited to, any form of construction, renovation, redevelopment, or expansion of buildings or other structures, paving, water mains, storm or sanitary sewers, or other improvements to a site; and clearing and other removal of vegetation and ground cover, grubbing, contouring of land and other grading activities for any land use except an active agricultural use that is exempted by the Code of Iowa.
EASEMENT. A grant of a right to use a defined portion of a property for a specified purpose or purposes.
ELEVATION, MINIMUM FLOOR (MFE). The lowest elevation of the lowest enclosed area of a building, including, but not limited to, a basement or crawl space and especially with respect to the requirements of the National Flood Insurance Program.
ELEVATION, MINIMUM OPENING (MOE). The lowest elevation of the lowest opening into an enclosed area of a building as measured to the rough opening for a window, door, ventilation opening for mechanical equipment or appliances, or other opening into said lowest area, and irrespective of any grade, structure or shutter fastened to or placed around the window or door and whether the window or other opening is operable or inoperable, but not including footing drains or building sewers.
FRONTAGE ROAD. A street that is generally parallel to and separate from a major limited-access thoroughfare or highway, the primary purpose of which is to provide access to adjoining properties.
HORIZONTAL PROPERTY REGIME. A subdivision that is created by declaration as provided by and in accordance with Iowa Code Chapter 499B and including cooperative housing that is declared as provided by and in accordance with Iowa Code Chapter 499A, usually but not necessarily for individual use, lease or to transfer ownership, whether immediate or future, and regardless of whether the division is by deed, description, devise, lease, map, plat, plan, other recorded instrument, previous division or subdivision or condominium or cooperative creation or conversion.
IMPROVEMENT. Any one or more of the following that is required by a development agreement or Code, the need for which is generated by a development project: clearing and other removal of vegetation and ground cover, grubbing, contouring of land and other grading activities; streets, roadways and pedestrian or bicycle paths or trails; sidewalks; signage for traffic control and other governmental purposes, including street name signs; traffic-control devices on streets, roadways or paths; lighting of streets and pedestrian or bicycle paths or trails; water mains and connections, including facilities and connections for suppression of fire; sanitary sewers; storm sewers and other drainage improvements; erosion control, including channel improvements and stabilization; utility lines and poles, conduits and connections; landscaping, berms, fences, walls and other mitigating buffers; sediment control; open space, parks, recreation facilities and playgrounds; and grading; and any other improvements, whether on or off-site, as permitted by the Code of Iowa to mitigate impacts created by a development.
LOT. A parcel of land that, exclusive of any outlot parcels, is of sufficient size and dimensions to comply with all requirements of the Zoning Code and all other requirements and specifications for its intended use, whether or not its boundaries have been established by a subdivision plat or plat of survey, and that has been fully improved in accordance with the subdivision improvement requirements of this Code.
MAINTENANCE BOND OR GUARANTEE. Surety or other security instrument that is in a form that is acceptable to the city and that is in such amount, duration and terms as to ensure that any and all subdivision improvements named in such surety will remain free from defects or failure of any sort, and in satisfactory and good repair for the duration of the periods of time specified by this Code.
METES AND BOUNDS DESCRIPTION. A description of the boundaries of a parcel of land by use of distances and angles; distances and bearings; references to physical features of the land; or a combination thereof.
OUTLOT. A parcel of land that is not sufficient size, dimensions and physical character to comply with all requirements of the Zoning Code and all other Codes requirements and specifications, or that has not been fully improved in accordance with the subdivision improvement requirements of this Code.
PARKS AND OPEN SPACE PLAN. The Comprehensive Parks and Open Space Plan adopted by the City Parks and Recreation Commission pursuant to the laws of the state, as a whole and any part thereof.
PARKWAY. The area within a street right-of-way that lies between the outer curb line of the roadway and the adjacent property line.
PERSON. Any individual, corporation, association, firm, partnership or other legal entity, whether singular or plural.
PLAT. A map or set of maps that delineate the locations, boundaries, geometry, dimensions, bearings and other necessary information for lots, parcels, sites, units, condominiums, tracts or other real property interests that are to be created by a subdivision, or of existing parcels within an Auditor’s plat.
PLAT OF SURVEY. A graphical representation of a survey of one or more parcels of land, together with a complete and accurate description of each parcel, that is prepared by a licensed professional land surveyor.
PLAT, ACQUISITION. A plat that is prepared for or as the result of a conveyance or condemnation of a parcel of land or other corporal real property by the city; other governmental entity; or other persons having the power of eminent domain.
PLAT, AUDITOR’S. A plat that is prepared by order of a County Auditor or Assessor to clarify boundaries and descriptions of existing real property interests for the purposes of assessment and taxation, and that does not create any new parcels of land or other divisions of real property, except for conveyance to the city or other public jurisdiction.
PLAT, FINAL. A complete and exact plat prepared in accordance with the accuracy required by the Code of Iowa and this Code for a subdivision, for the purpose of obtaining city approval of the proposed subdivision and subsequently recording it as an official plat.
PLAT, MINOR. A proprietor’s plat that does not create or necessitate the creation of a new street and that does not contain more than ten lots or other parcels, excluding parcels being dedicated to the city or another governmental entity.
PLAT, MAJOR. Any proprietor’s plat that is not a minor plat.
PLAT, OFFICIAL. An Auditor’s plat or proprietor’s plat that complies with this Code and the Code of Iowa, and that has been filed and made of legal record in the offices of the appropriate County Recorder, Auditor and Assessor.
PLAT, PRELIMINARY. A plat that delineates a developer’s proposed designs for a proposed subdivision and development improvements that are required for or related to the subdivision.
PLAT, PROPRIETOR’S. A subdivision that is proposed by a developer who owns the real property that is being subdivided, or is acting with the consent and on behalf of the owner.
REPLAT. A plat consisting in whole or in part of land that has previously been included in a plat of record.
RIGHT-OF-WAY. Property that is set aside for a public purpose or common use by more than one property or person if held in private ownership, that has an express or implied property interest such as by fee title or easement and that is separate and distinct from adjoining lots or parcels.
ROADWAY. The improved portion of a street right-of-way that is designed, intended and improved for use by vehicular traffic; and where curbs are laid, the pavement between a set of curbs.
SETBACK. The horizontal distance between a property line and the nearest point of a structure, as measured along a straight line that is perpendicular or radial to the property line at the point of measurement, excluding any structure or portion of a structure that is 30 inches or less in height, and excluding eaves and other architectural projections, and stairs and fire escapes and landings, in the same manner that the Zoning Code excepts such structures or items from compliance with setback requirements.
STREET. A right-of-way that is the principal means of vehicular access to abutting properties or that is a corridor for vehicular travel and circulation, whether improved or unimproved and whether designated as a highway, street, avenue, road, drive, place, court, way, lane, circle or other vehicular way.
STREET, ARTERIAL. A street that is designed to connect major centers of activity within and beyond the city’s boundaries by performing as part of an interconnected system of major streets and highways, and accordingly to carry the highest volumes of traffic and the longest trips.
STREET, COLLECTOR. A street that is designed to provide direct vehicular access to abutting properties and to collect traffic from local streets and to convey such traffic to the arterial street system.
STREET, LOCAL. A street that is designed to primarily provide direct vehicular access to abutting properties.
STREET, RIGHT-OF-WAY WIDTH. The distance between the boundary lines of a street as measured at a right angle or along a line that is a normal line to the centerline of the street at the point of measurement.
STRUCTURE. Anything constructed or a combination of materials that form a construction for use, occupancy or ornamentation, whether installed on, above, or below the surface of land or water.
SUBDIVISION. The act or result of dividing a single interest in a parcel of land or other corporal real property into two or more lots, parcels, sites, units, condominiums, tracts or interests usually but not necessarily for individual use, lease or to transfer ownership, whether immediate or future, and regardless of whether the division is by deed, metes and bounds description, devise, lease, map, plat, declaration for the establishment of a horizontal property regime under Iowa Code Chapter 499B, other recorded instrument, previous division or subdivision, or condominium or cooperative creation or conversion, except for the minimum division necessary under intestacy or a testator’s division of real property amongst heirs; partners’ division of firm real property amongst themselves upon dissolution by reason of insolvency; and other cases of similar nature.
SURETY. A security instrument, including, but not limited to, a bond, letter of credit, escrow deposit or other financial guarantee, that the city finds acceptable in form and amount to ensure that all public and nonpublic improvements will be satisfactorily completed in full compliance with plans and specifications that are approved by the city, whether such improvements are required by this Code or as a condition of approval of a subdivision or other development.
SURVEYOR. A professional land surveyor who is licensed in the state and who engages in the practice of land surveying pursuant to Iowa Code Chapter 542B.
(Title VII, Ch. 3, § 1.3)