For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A way which affords only a secondary means of access to abutting property.
BUILDING. Any structure for the shelter, support or enclosure of persons, animals, chattels or property of any kind, and when separated by common, shared walls without openings, each portion of such building so separated shall be deemed a separate building.
BUILDING SETBACK LINES. A line parallel or approximately parallel to the lot lines at a specified distance therefrom, marking the minimum distance from the lot line that the building may be erected.
COMPREHENSIVE PLAN. Any legally adopted part or element of the city comprehensive plan or any subsequent amendment.
CONTRACTOR. The person who contracts with an individual or developer to construct a building or structure on a parcel of land prepared by an individual or developer.
COVENANT. An agreement, convention or promise of two or more parties, by deed in writing, signed and delivered, by which either of the parties pledges himself or herself to the other that something is either done, or shall be done, or shall not be done. The term is currently used primarily with respect to promises in conveyance or other instruments relating to real estate.
CUL-DE-SAC. A local street with only one outlet that terminates in a vehicular turnaround and having an appropriate terminal for the safe and convenient reversal of traffic turnaround.
DEVELOPER. The owner of the property being platted or replatted or the person designated by the owner as being responsible for the development of the property. The terms SUBDIVIDER and DEVELOPER are synonymous and used interchangeably, and shall include any person, partnership, firm, association, corporation and/or any officer, agent, employee and trustee thereof who does or participates in the doing of any act toward the subdivision of land within the intent, scope and purview of this chapter. The DEVELOPER shall also be defined as the builder or contractor if he or she is responsible for the construction of buildings and/or structures or permanent improvements.
EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of their property. For the purposes of this chapter, the term shall primarily be used to describe utility access.
FINAL PLAT. A plat of a tract of land meeting the requirements of these regulations, including approval pursuant to this chapter, and is in proper form for recording in the office of the County Register of Deeds.
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 streets, the interior angle of such intersection not exceeding 135 degrees.
LOT LINE. Any boundary line of a lot.
LOT LINE, EXTERIOR. The side lot line, which abuts the street on a corner lot.
LOT LINE, REAR. The lot line or point of intersection of the side lot lines farthest from and opposite the front lot line.
LOT LINE, SIDE. A lot line other than a front or rear lot line.
LOT OF RECORD. A lot that is part of subdivision, created by an approved subdivision or otherwise legally approved and recorded in the office of County Register of Deeds.
MAJOR STREET PLAN. The transportation plan in the adopted city comprehensive plan.
METES AND BOUNDS. A system of describing and identifying land by measures (metes) and direction (bounds) from an identifiable point of reference such as a monument or other marker, the corner of intersecting streets, or in a rural area, a tree or other permanent fixture.
MONUMENT. A permanent structure set on a line to define the location of property lines, important horizontal subdivision control points and other important features on a plat.
OWNER. The record owners of the fee or a vendee in possession, including 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.
PERSON. Any individual or group of individuals, or any corporation, general or limited partnership, joint venture, unincorporated association or governmental or quasi-governmental entity.
PLANNING COMMISSION. The Planning Commission of the City of Winner. The term PLANNING COMMISSION shall be synonymous with Planning and Zoning Commission and Commission, but shall not include Board of Adjustment or Zoning Board.
PRELIMINARY PLAT. The map or maps of a proposed subdivision and specified supporting materials, drawn and submitted in accordance with the requirements of this chapter, to permit the evaluation of the proposal prior to detailed engineering and design.
PROFESSIONAL ENGINEER. An individual currently certified and licensed to practice as a registered professional engineer by the state. The ENGINEER must be in possession of a current registration stamp.
REGISTERED LAND SURVEYOR. An individual currently certified and licensed to practice as a registered licensed land surveyor by the state. The LAND SURVEYOR must be in possession of a current registration seal.
RIGHT-OF-WAY. A strip of land occupied by a street, railroad, transmission line, oil or gas pipeline, water lines, storm or sanitary sewer lines, pedestrian walkways or other special use. The use of the term RIGHT-OF-WAY for 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. The owner of the plat on which such RIGHT-OF-WAY is established shall dedicate the RIGHT-OF-WAY to public use.
RIGHT-OF-WAY LINE. A dividing line between a lot, tract or parcel of land and the public right-of-way.
ROAD OR STREET LINE. The dividing line between a lot, tract or parcel of land and a contiguous road, street or alley.
ROADWAY. The part of the street, road or highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and, where a highway includes two or more separate ROADWAYS, the term ROADWAY refers to any one ROADWAY separately and not to all of the ROADWAYS collectively.
STREET. A right-of-way established by a recorded plat to provide the primary means of access to abutting property; to also include a way set-aside for vehicular traffic, regardless of size or designation, but excluding private driveways serving only one parcel of land.
STREET, ARTERIAL. A public street or highway intended to be used primarily for fast or heavy through traffic; may be defined as a principal traffic artery, more or less continuous across the city, which acts as a principal connecting street with state and federal highways and includes each street designated as an arterial street on the major street plan.
STREET, COLLECTOR. A street which carries traffic from local streets to arterial streets and includes each street designated as a COLLECTOR STREET on the major street plan.
STREET, LOCAL. A street intended to provide access to other streets from individual properties and to provide rights-of-way beneath it for various utilities but not intended to be used for through traffic.
STREET, PRIVATE. One that has not been dedicated, but rather reserved as an access easement to property. The PRIVATE STREET shall be owned and maintained by the property owners which it serves.
STREET, PUBLIC. A public thoroughfare more than 20 feet in width.
SUBDIVIDER. See DEVELOPER.
SUBDIVISION. The division of a lot, tract or parcel of land into two or more lots, plots, sites or other divisions of land for the purpose of either immediate or future sale or building development. It also includes a resubdivision of lands or lots, and the establishment or dedication of a road, highway, street or alley through a tract of land.
TRACT. Used interchangeably with the term LOT particularly in the context of subdivision, where a TRACT is subdivided into several lots, parcels, sites, units, plots, condominiums, tracts or interests.
VARIANCE. A relaxation of the terms of this chapter by the Board of Appeals where the literal enforcement of this chapter would deny to the property enjoyed as a right by other property owners. Modification of the provisions of these regulations, as applied to a specific piece of property. VARIANCES shall be limited to height, bulk and yard requirements.
WAIVER. Relief from the provisions of these regulations, as applied to a specific piece of property.
WATERCOURSES. Any natural or artificial stream, river, creek, ditch channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed, and banks and includes any area adjacent thereto subject to inundation by reason of overflow or flood water.
YARD. An open space on the same lot with a structure, unoccupied and unobstructed from the ground upward, except for vegetation as permitted, and except for permitted accessory buildings in rear yards. An open area of land, other than a court, on the same lot with a main building or structure, unoccupied and unobstructed except as otherwise provided or required by this chapter and located between the main wall of the main building and one of the lot lines of the said lot.
YARD, FRONT. A yard extending across the full width of a lot between the front lot line and the nearest portion of any structure serving or attached to any building or structure on the lot. An open, unoccupied space on a lot facing a street and extending across the front of the lot between the side lot lines. Measured from the road right-of-way to the structure.
YARD, REAR. An open, unoccupied space extending across the rear of a lot from one side lot line to the other side lot line. The part of a lot that extends across the full width of a lot between the rear lot line and nearest wall or supporting member of a principal building or structure.
YARD, SIDE. A yard or open space on each side of the main building extending from the side lot line to the side wall of the building, exclusive of permitted projections and from the front yard to the rear yard, when an accessory building is constructed as part of the main building, the SIDE YARD requirements shall be the same for the accessory building as required for the main building. The part of a lot which extends from a front yard to the rear yard between the side lot line of a lot and the nearest wall or supporting member of a building or structure except where the supporting member is supporting an uncovered patio or uncovered deck.
ZONING ADMINISTRATOR. An administrative official who shall be known as the Zoning Administrator and who shall be designated by the City Council. Said official shall administer and enforce this chapter. He or she may be provided with the assistance of such other persons as the City Council may designate.
ZONING MAP. The official zoning map of the City of Winner, including all amendments thereto.
ZONING ORDINANCE. The comprehensive zoning ordinance of the City of Winner, as codified in Chapter 154 of this code of ordinances, including all duly adopted amendments thereto.
(Prior Code, Ch. 15, Art. 2) (Ord. 748, passed - -)