ABUTTING: Having property or district lines in common.
ADJACENT: Nearby not distant; may or may not have common property or district lines.
ALLEY: A public or private right of way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
APPLICANT: The owner of land proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premises.
BACKAGE STREET: Any street to be constructed by the developer or any existing street on which development is designed to take place on both sides.
BLOCK: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights of way, shorelines of waterways, or boundary lines of municipalities.
BLOCK LENGTH: The length of a block measured at the right-of-way lines and at right angles to its length. If the width and length of the block are not equal in distance, the length shall be considered to be the greater of the two (2).
BLOCK WIDTH: The width of a block measured at the right-of-way lines and at right angles to its length. If the width and length of the block are not equal in distance, the width shall be considered to be the lesser of the two (2).
BOND: Any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the city attorney. All bonds shall be approved by the city council wherever a bond is required by these regulations.
BUILDING: Any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind, and includes any structure.
CAPITAL IMPROVEMENTS PROGRAM: A proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditure of public funds, over and above the annual local government's operating expense, for the purchase, construction or replacement of the physical assets for the community are included.
CENTRAL SEWERAGE SYSTEM: A community sewer system including collection and treatment facilities established by the developer to serve a new subdivision in an outlying area.
CENTRAL WATER SYSTEM: A private water company formed by a developer to serve a new community development in an outlying area. It includes water treatment and distribution facilities.
COLLECTOR ROADS: A road intended to move traffic from local roads to secondary arterials. A collector road serves a neighborhood or large subdivisions and should be designed so that no residential properties face onto it.
COMPREHENSIVE PLAN: A plan for development of the city, prepared and adopted by the planning, programming and zoning commission, pursuant to state law and including any part of such plan separately adopted and any amendment to such plan, or parts thereof.
CONSTRUCTION PLAN: The maps or drawing accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the planning, programming and zoning commission as a condition of the approval of the plat.
CUL-DE-SAC: A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.
DEPTH: The mean horizontal distances between the front and rear lot lines. In the case of a corner lot, the lot depth is the greater of the mean horizontal distances between the front lot lines and the respective side lot line opposite each.
DEVELOPER: The owner of land proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premises.
EASEMENT: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
ESCROW: A deposit of cash with the local government in lieu of an amount required and still in force on a performance or maintenance bond. Such escrow funds shall be deposited by the city in a separate account.
FINAL PLAT: The map or plan of record of a subdivision and any accompanying material, as described in these regulations.
FLEXIBLE ZONING: Zoning which permits uses of land and density of buildings and structures different from those which are allowed as of right within the zoning district in which the land is situated. Flexible zoning applications shall include, but not be limited to, all special permits and special uses, planned unit developments, group housing projects, community unit projects, average density or density zoning projects.
FLOODWAY: The channel of a river or other watercourse and the adjacent portion of the flood plain that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot (1') at any point, assuming equal conveyance reduction outside the channel from the two (2) sides of the flood plain.
FLOODWAY FRINGE: That area of the flood plain outside the floodway, that on the average is likely to be flooded once every one hundred (100) years (i.e., that has a 1 percent chance of flood occurrence in any 1 year).
FRONTAGE: The side of a lot abutting on a street or way and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary side of a corner lot.
FRONTAGE STREET: Any street which separates a development from a major street and which does not have developments occurring between the two (2) streets.
GRADE: The slope of a road, street or other public way, specified in percentage terms.
HEALTH DEPARTMENT AND HEALTH OFFICER: The agency and person designated by the city council to administer the health regulations of the city 1 .
HIGH DENSITY: Those residential zoning districts in which the density is equal to or greater than one dwelling unit per six thousand (6,000) square feet.
HIGHWAY, LIMITED-ACCESS: A freeway or expressway providing a trafficway for through traffic, in respect to which owners or occupants of abutting property and other persons have no legal right to access to or from the same, except at such points and in such manner as may be determined by the public authority having jurisdiction over such trafficway.
IMPROVEMENTS: See definition of "Lot Improvement" or "Public Improvement".
INDIVIDUAL SEWAGE DISPOSAL SYSTEM: A septic tank, seepage tile sewage disposal system or any other approved sewage treatment device.
JOINT OWNERSHIP: Joint ownership among persons shall be construed as the same owner; "constructive ownership" for the purpose of imposing subdivision regulations.
LOCAL ROAD: A road intended to provide access to other roads from individual properties and to provide right of way beneath it for sewer, water and storm drainage pipes.
LOT: A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.
LOT, CORNER: A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty five degrees (135°).
LOT IMPROVEMENT: Any building, structure, place, work of art or other object or improvement of the land on which they are situated constituting a physical betterment of real property or any part of such betterment. Certain lot improvements shall be properly bonded as provided in these regulations.
LOW DENSITY: Those residential zoning districts in which the density is equal or less than one dwelling unit per forty thousand (40,000) square feet.
LOWEST WATER ENTRY LEVEL: The elevation of a building or building complex, below which the structure is designed and constructed to withstand the seepage or passage of water into the structure and to withstand the hydrostatic pressure of an elevated water table consistent with the Iowa Natural Resources Council Administrative Code.
MAJOR SUBDIVISION: All subdivisions not classified as minor subdivision, including any size subdivision requiring any new street or extension of the local government facilities, or the creation of any public improvements.
MASTER PLAN: See definition of "Comprehensive Plan".
MEDIUM DENSITY: Those residential zoning districts in which the density is between six thousand (6,000) and forty thousand (40,000) square feet per dwelling unit.
MINOR SUBDIVISION: Any subdivision fronting on an existing street, not involving any new street or road, or the extension of municipal facilities, or the creation of any public improvements, and not adverse]y affecting flee remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the comprehensive plan, official map, zoning ordinance or these regulations.
NONRESIDENTIAL SUBDIVISION: A subdivision whose intended use is other than residential, such as commercial or industrial. Such subdivision shall comply with the applicable provisions of these regulations.
OFF-SITE: Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.
OFFICIAL MAP: The map established by the city of Waterloo pursuant to law showing the streets, highways, parks and drainage systems and setback lines theretofore laid out, adopted and established by law, and any amendments or additions thereto adopted by the city of additions thereto resulting from the approval of subdivision plats by the planning, programming and zoning commission and the subsequent filing of such approved plats.
ORDINANCE: Any legislative action, however denominated, of a local government which has the force of law, including any amendment or repeal of any ordinance.
OVERALL DEVELOPMENT PLAN: A plan for the entire property owned by the developer indicating the general layout of streets, lots, etc.
OWNER: Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations.
PERIMETER STREET: Any existing street to which the parcel of land to be subdivided abuts on only one side.
PLANNING, PROGRAMMING AND ZONING COMMISSION: The city planning, programming and zoning commission established in accordance with city ordinance 2 .
PRELIMINARY PLAT: The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the planning, programming and zoning commission and city council for approval.
PRIMARY ARTERIAL: A road intended to move through traffic to and from such major attractors as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas and similar traffic generators within the governmental unit; and/or as a route for traffic between communities or large areas.
PUBLIC IMPROVEMENT: Any drainage ditch, roadway, parkway, sidewalk, pedestrianway, tree, lawn, off-street parking area, lot improvement or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established. All such improvements shall be properly bonded.
REGISTERED ENGINEER: An engineer properly licensed and registered in the state of Iowa.
REGISTERED LAND SURVEYOR: A land surveyor licensed and registered in the state of Iowa.
RESUBDIVISION: A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
RIGHT OF WAY: A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees or for another special use. The usage of the term "right of way" for land platting purposes shall mean that every right of way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right of way and not included within the dimensions or areas of such lots or parcels. Rights of way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right of way is established.
ROAD CLASSIFICATION: For the purpose of providing for the development of the streets, highways, roads, and rights of way in the governmental unit, and for their future improvement, reconstruction, realignment and necessary widening, including provision for curbs and sidewalks, each existing street, highway, road and right of way, and those located on approved and final plats, have been designated on the official map of the local government and classified therein. The classification of each street, highway, road and right of way is based upon its location in the respective zoning districts of the local government and its present and estimated future traffic volume and its relative importance and function as specified in the comprehensive plan of the local government. The required improvements shall be measured as set forth for each street classification on the official map.
ROAD, DEAD-END: A road or a portion of a street with only one vehicular traffic outlet.
ROAD RIGHT-OF-WAY WIDTH: The distance between property lines measured at right angles to the center lines of the street.
SALE OR LEASE: Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, estate succession, or transfer, of an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map, lease, devise, estate succession or other written instrument.
SAME OWNERSHIP: Ownership by the same person, corporation, firm, entity, partnership or unincorporated association; or ownership by different corporations, firms, partnerships, entities or unincorporated associations, in which a stockholder, partner or associate, or a member of his family, owns an interest in each corporation, firm, partnership, entity or unincorporated association.
SECONDARY ARTERIAL: A road intended to collect and distribute traffic in a manner similar to primary arterials, except that these roads service minor traffic-generating areas such as community commercial areas, primary and secondary educational plants, hospitals, major recreational areas, churches and offices, and are designed to carry traffic from collector streets to the system of primary arterials.
SETBACK: The distance between a building and the street line nearest thereto.
STREET: See "Road Classification".
SUBDIVIDER: Any person: a) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision; or b) directly or indirectly sells, leases or develops, or offers to sell, lease or develop, or advertise for sale, lease or development, any interest, lot, parcel, site, unit or plat in a subdivision; or c) engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development, of a subdivision or any interest, lot, parcel, site, unit or plat in a subdivision; and d) is directly or indirectly controlled by, or under direct or indirect common control with any of the foregoing.
SUBDIVISION: Any land, vacant or improved, which is divided or proposed to be divided into three (3) or more lots, parcels, sites, units, plots or interests for the purpose of offer, sale or development, either on the installment plan or upon any and all other plans, terms and conditions, including resubdivision. Subdivision includes the division or development of residential and nonresidential zoned land, whether by deed, metes and bounds description, devise, intestacy, map, plat or other recorded instrument.
SUBDIVISION AGENT: Any person who represents, or acts for or on behalf of a subdivider or developer, in selling, leasing or developing, or offering to sell, lease or develop, any interest, lot, parcel, unit, site or plat in a subdivision, except an attorney at law whose representation of another person consists solely of rendering legal services.
SUBDIVISION, MAJOR: See definition of "Major Subdivision".
SUBDIVISION, MINOR: See definition of "Minor Subdivision".
SUBDIVISION PLAN: The final map or drawing, described in these regulations, on which the subdivider's plan of subdivision is presented to the planning, programming and zoning commission for approval and which, if approved, may be submitted to the county clerk or recorder of deeds for filing.
TEMPORARY IMPROVEMENTS: Improvements built and maintained by a subdivider during construction of the subdivision and prior to release of the performance bond.
UTILITIES, PUBLIC (MUNICIPAL): Includes such services as sanitary sewer, water and storm sewer as well as other services normally provided for by a city.
UTILITIES, QUASI-PUBLIC: Includes such services as electricity, telephone and cable television as well as other similar services provided by other than local government. (Ord. 2997, 11-20-1978)
Notes
| 1 | 1. See section 4-1-1 of this code. |
| 2 | 1. See title 2, chapter 1 of this code. |