§ 18.020. DEFINITIONS  


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  • The following definitions apply in the interpretation and enforcement of these Subdivision Regulations, except where the context clearly indicates a different meaning:

    "Abbreviated Plat" means a representation of a subdivision in which the subdivision does not create more than four lots; each lot created has legal and physical access to a public highway or street; the subdivision does not involve or require a dedication of a street, right-of-way, or other area; and the subdivision does not require a vacation of a public dedication of land or a variance from the requirements of any ordinance, including, but not limited to requirements related to subdivision, land use, and building and construction, including flood hazard and drainage regulations.

    "Access" means the right of access to an abutting public, dedicated street, right-of-way or highway which is connected to and a part of the public system of streets of the City.

    "Adjacent lot" means a lot or parcel of land which shares all or part of a common property line with another lot or parcel of land.

    "Aliquot part" means the division of a surveyed section of land, described without reference to bearing or distance, into square or rectilinear parcels, the area of each parcel comprising a fractional portion of the total area of the section and of the parcel from which it is being divided.

    "Alley" means a public right-of-way shown on a plat which provides only a secondary means of access to a lot, block, tract or other parcel of land.

    "Appeal" means a request to a higher body for a review of the decision of an administrative officer, the planning commission or the City council.

    "Arterial" means a street used to carry high volumes of traffic to and from major traffic generators or into or out of the community.

    "As-built plans" means construction plans that have been revised in accordance with all field changes reflecting the improvements on the site as they actually exist.

    "Block length" means the distance between intersections of through streets, such distance being measured along the longest street bounding the block and from right-of-way line of the two intersection streets.

    "Block" means an area of land within a subdivision that is entirely bounded by rights-of-way, physical barriers, and exterior boundaries of the subdivision — except alleys, and is usually divided into lots.

    "Certificate to plat" means a certificate prepared by a title company authorized by the laws of the state to write the same, showing the names of all persons having any record title interest in the land to be platted together with the nature of their respective interests therein.

    "City" means the City of Kotzebue.

    "City Manager" means City Manager of the City of Kotzebue or his designee.

    "Collector Street" means a street that carries traffic between local streets and other collectors and arterials.

    "Condo" or "Condominium" means a structure of two or more units, the interior spaces of which are individually-owned and the balance of the property (both land and building) is owned in common by the owners of the individual units.

    "Corner lot" means a lot located at the intersection of two or more streets where the angle of intersection of the lot lines abutting those streets does not exceed one hundred thirty-five degrees.

    "Cul-de-sac" means a street having one end open to traffic and being terminated at the other end by a vehicular turnaround.

    "Dedication" means the intentional transfer of land by the owners to public use.

    "Easement" means an interest in land owned by another that entitles the easement holder to a specified limited use, right or enjoyment. A public easement is an area legally reserved by plat or conveyed or reserved by deed for the purpose of allowing use by vehicles, pedestrians, utilities, drainage or for other purposes.

    "Engineer" means a registered professional civil engineer authorized to practice engineering in the State of Alaska.

    "Final acceptance" means acceptance by the City, at the completion of construction and upon the posting of all required warranties, of a public improvement constructed as a condition of approval of a subdivision plat or other development permit.

    "Final plat" means the final map, drawing, or chart on which the subdivision or resubdivision of land is presented to the Planning Commission for approval, and which, when approved as meeting all preliminary plat conditions, will be submitted to the district recorder for recording.

    "Flag Lot" means a lot with a long, narrow strip protruding from one side which provides access to the lot.

    "Flag Staff' means the long narrow strip used as access to the flag lot.

    "Front yard" means the distance between the front lot line and the part of the permanent structure nearest the front lot line. It also includes that portion of a yard between the front lot line and the required front yard setback line extended to the two side lot lines, the depth of which is the least distance between the front lot line and the nearest permanent structure. In the case of a corner lot the front lot line is the lot line so designated by the City Planner or Planning Commission.

    "Green belt or buffer park" means a strip or parcel of land privately restricted or publicly dedicated as open space for the purpose of protecting and enhancing the environment.

    "Improvement" means any construction incident to servicing or furnishing facilities for a subdivision such as grading, street surfacing, construction of driveway approaches, electrical power lines, sidewalks, street signs, street lights, water lines, sanitary sewers and treatment systems, storm sewers, culverts, bridges, utilities, waterways, lakes and other items; the construction of any building or permanent structure or any external addition to a structure that constitutes a betterment of real property. The relocation of a structure within a lot or the relocation of a structure to another lot, the addition or relocation of fill or native material, the addition of a floor or room that changes the exterior dimensions of the building and the change to or addition to the sewer or water system serving the building are improvements; painting, siding, re-roofing or other cosmetic changes are not considered to be improvements.

    "Ingress" means the area where a vehicle may enter a private lot from the public right-of-way or public or private easement or other way.

    "Local street" means a street, generally within a subdivision, designed primarily to provide direct access to individual abutting properties.

    "Lot" means the smallest portion of a subdivision being a measured portion of a parcel of land which is described, identified by a lot number, and fixed on an approved plat filed for record; also, when used in a more general sense, including parcel, tract, plat and property.

    "Lot depth" means the distance between straight lines connecting side lot lines, measured between the midpoints of such lines except that such measurement shall not extend outside the lot lines of the lot being measured.

    "Lot frontage" means the length of the front lot line.

    "Lot improvement" means any building, structure, water or sewer facility, work of art or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment.

    "Lot line" means a fixed boundary of a lot described by survey located on an approved plat filed for record.

    "Lot width" means the distance between straight lines connecting front and rear lot lines at each side of the lot, measured between the midpoints of such lines except that such measurement shall not extend outside the lot lines of the lot being measured.

    "Monument" means a permanent physical item used as a survey control point.

    "Planning Commission" means the Planning Commission of the City of Kotzebue.

    "Parcel" means an area of land, legally created and described, not containing any smaller legally created area of land. A lot, tract, and area of land described by aliquot parts may be referred to as a "parcel".

    "Plat" means a map or representation on paper of a parcel of land. A "preliminary plat" is a map showing the salient features of a proposed subdivision of land submitted to the planning commission for purposes of preliminary consideration and approval. A "final plat" is a map of a subdivision of land made up in final form ready for approval and filing.

    "Person" means a natural person or a partnership, joint venture, corporation, association, organization or a public agency.

    "Pre-Application Procedures" means a voluntary meeting between the subdivider or developer and the City Planner for the purpose of informing the subdivider or developer of subdivision and development procedures and standards.

    "Preliminary plat" means the conceptual maps, drawing or chart indicating the proposed layout of the subdivision to be submitted to the Planning Commission.

    "Property line" means the perimeter of the lot.

    "Public improvement" means any drainage ditch, roadway, park, pedestrian way, street, off street parking area, lot improvement, street lights, sewer, water or other facility for which the City may ultimately assume the responsibility of maintenance and operation, or which may affect an improvement for which City responsibility is established.

    "Public open space" means land dedicated or reserved for the use by the general public, including, but not limited to, parks, parkways, recreation areas, and school sites.

    "Public utility" means all persons firms corporations, or municipal or public authorities which are certified as public utilities by the State of Alaska and which provide gas, electricity, water, telephone, cable, storm sewers, sanitary sewers or other services of a similar nature.

    "Rear lot line" means that boundary of a lot which is parallel to the front lot line and does not intersect the front lot line. In the case of a triangular lot, "rear lot line" means a line twenty feet in length within the lot parallel to and at the maximum distance from the front lot line.

    "Rear yard" means the distance between the property line that parallels or generally parallels the rear lot line and the part of a structure, other than a minor structure, nearest the rear lot line.

    "Replat" means an alteration to an original recorded plat; a resubdivision.

    "Right-of-Way" means a land reserved, used or intended to be used by the public for a street, alley, walkway or other purpose.

    "Street" means a right-of-way serving as a means of vehicular and pedestrian travel, also furnishing spaces for public utilities, public improvements and vegetation; it includes avenues, boulevards, roads, lanes and other ways.

    "Subdivider, owner or developer" means a person, firm, association, partnership, corporation, governmental unit or combination of any of these which may hold any legal or equitable ownership interest in land being subdivided. The terms shall also include heirs, assigns, or successors in interest, or representatives of the subdivider, owner, proprietor or developer.

    "Subdivision" means any land, vacant or improved, which is proposed to be divided into two or more lots, parcels, sites, units, plots or interests for the purpose of offer, sale, lease or development, regardless of terms and conditions. Subdivision includes the division or development of residential and nonresidential land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat or other recorded instrument. Subdivision also includes re-subdivision, a change in the arrangement of lot lines and elimination of lot lines.

    "Surveyor" means a land surveyor registered in the State of Alaska.

    "Townhouse" means a single-family dwelling in a row of at least three such dwellings, in which each dwelling has its own front and rear access to the outside and no such dwellings are located over another unit and each unit is separated from other units by one or more common fire-resistant walls. Each dwelling has its own, separate utilities.

    "Through or double-frontage lot" means a lot other than a corner lot with frontage on more than one street.

    "Tract" means an area of land that has been defined but has not been designated by lot and block numbers.

    "Vacation" means the act of making legally void the public interest or rights in a dedicated right-of-way, easement, public area or other dedicated public interest.

    "Variance" means permission to depart from the literal standard or requirements of any provision of these regulations or the Kotzebue Municipal Code.

    "Zero Lot Line Home" means the location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.