Loading...
02/14/2006 Ordinances 9031 I I ORDINANCE NO. 9031 An ordinance to amend Chapter 33-1 of the Grand Island City Code; to amend Section 33-1 pertaining to the definition of street; to repeal Section 33-1 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 33-1 of the Grand Island City Code is hereby amended to read as follows: ~33-1. Definitions Applicant shall mean the titleholder of record, his agent, or a person holding a notarized letter authorizing the person to represent the legal owner of the property, or an appropriate purchase agreement. Allev shall mean a minor public service street or public thoroughfare 20 feet or less in width, through a block of lots primarily for vehicular service access to the rear or side of properties otherwise abutting on another street and to provide access to utility services located therein. Buildings facing an alley shall not be construed as satisfying the requirements of this code related to frontage on a dedicated street. Block shall mean a parcel of land platted into lots and bounded by public streets or by waterways, right-of- ways, unplatted land, City-County boundaries, or adjoining property lines. Bond shall mean any form of security including a cash deposit, security bond, or instrument of credit in an amount and form satisfactory to the City Council which meets the intent of such security required by this chapter. Boundarv Adjustment shall mean the transfer of property by deed to a respective owner or owners of contiguous property for the purpose of adjusting a boundary line and not for the purpose of creating an additional lot or parcel. Buildin!!: Line shall mean a line parallel, or nearly parallel, to the street line at a specified distance from the street line which marks the minimum setback distance a building may be erected. In the case of a cul-de-sac, the building line shall be measured around the curvature of the street line and shall be located at the required front yard setback where the lot width shall meet the minimum lot width required in the zoning district. Chief Buildin!!: Official(s) shall mean the individual(s) appointed and/or employed by the City to enforce the prescribed and adopted building codes for the City. City shall mean the City of Grand Island, Nebraska. Also, City Councilor governing body. Citv Council shall mean the governing body for the City of Grand Island, Nebraska. City En!!:ineer shall mean the City Engineer of the City of Grand Island utilized for the recommendation, advice, and implementation of engineering work as requested by the City or such other engineer as the City may assign in the particular matter. Clerk shall mean the City Clerk of the City of Grand Island, Nebraska. Comprehensive Development Plan shall mean the master plan for the improvement and development of Grand Island, Nebraska, as adopted by the Hall County Regional Planning Commission and the City in accordance with the laws of the State of Nebraska and the ordinances of Grand Island. Countv Control Point shall mean any point identified as such within the Grand Island/Hall County Geographic Information System (GIS) by the GIS Committee. County control points may include but are not limited to township corners, section comers, quarter section comers, subdivision comers, and block comers. Cul-de-Sac shall mean a short public way that has only one outlet for vehicular traffic and terminates in a vehicular turn-around. Approved as to Form tl L /?) / J February 15, 2006 tl City A~y I I I ORDINANCE NO. 9031 (Cont.) Dead End Street shall mean a public way that has only one outlet for vehicular traffic and does not terminate in a vehicular turn-around. Dedication shall mean the intentional appropriation of land by the owner to some public use. Developer see" Subdivider". Easement shall mean a right to use a parcel of land, granted to the general public, utility, corporation or person(s) for a specific purpose or purposes. Flood Plain shall mean any land area susceptible to being inundated by water from any source (see also definition of "flooding" in ~36-128). Floodwav shall mean the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Frontal!e Road shall mean minor streets parallel to and adjacent to arterial streets and highways, which reduce the number of access points to the arterial street or highway for the purpose of increased traffic safety. Gradinl! Plan shall mean a drawing of a proposed subdivision with plans and specifications for grading which is intended to represent the layout which will be approved for construction by the Planning Commission and the City Council. Hall County Rel!ional Planninl! Commission shall mean the Hall County Regional Planning Commission of Grand Island, Nebraska. Improvements shall mean street grading, street surfacing and paving, curbs and gutters, street lights, street signs, sidewalks, crosswalks, water mains and lines, water meters, fire hydrants, sanitary sewers, storm drainage facilities, culverts, bridges, public utilities, or other such installation as designated by the City Councilor its specific approving authority. Landscaped shall mean landscaping improvements which include but are not limited to screen plantings, lawn area, pools, trees, shrubs, fences, and walls. Crushed rock, gravel, bark chips, etc., shall not substitute for lawn area. Landscaping shall be provided within two years of issuance of occupancy permit for the principal structure on each lot, and thereafter be properly maintained. Lot shall mean a parcel, tract or area of land created in conformance with this chapter that may be separately owned, used, developed or built upon. Lot Consolidation shall mean a method for approval of lot boundary adjustments which reduces the number of lots to not greater than two. Lot. Corner shall mean a lot located at the intersection of two (2) or more streets at an angle of not more than one hundred thirty-five (135) degrees. If the angle is greater than one hundred thirty-five (135) degrees, the lot shall be considered an "interior lot". Lot. Depth of shall mean the mean horizontal distance between the front and rear lot lines. Comer lots shall provide at least one dimension equal to the required lot depth prescribed in the affected zoning district. Lot. Double Frontal!e shall mean a lot having a frontage of two non-intersecting streets. Lot. Flal! shall mean a lot with frontage and access provided to the bulk of the lot by means of a narrow corridor. The measurement of the actual lot frontage shall be made along the widest portion of the lot along the line parallel to the street. Lot, Frontal!e shall mean that portion of a lot abutting a street. For purposes of determining yard requirements of comer lots and through lots, all sides of a lot abutting a street shall be considered frontage. Lot. Interior shall mean a lot other than a comer lot. Lot Line shall mean the boundary line of a lot. Lot Minimum Area shall mean the minimum square footage of land area within the boundaries of the platted lot lines, as applicable to designated zoning districts. Lot. Nonconforminl! shall mean a lot having less area or dimension than that required in the district in which it is located and which was lawfully created prior to the zoning thereof whereby the larger area or dimension requirements were established, or any lot, other than one shown on a plat recorded in the office of the Hall County Register of Deeds, which does not abut a public road or public road right-of-way and which was lawfully created. Lot. Platted shall mean a lot which is part of a subdivision of the plat of which, or the appropriate permit for which, has been legally approved by the City and recorded in the office of the Register of Deeds for Hall County. Lot of Record shall mean a lot held in separate ownership as shown on the records of the Hall County Register of deeds at the time of the passage of a regulation or regulation establishing the zoning district in which the lot is located. - 2 - I I ORDINANCE NO. 9031 (Cont.) Lot Split shall mean a subdivision involving the division of one or more lots with the end result not be greater than the two lots. Lot, Throu2h shall mean a lot having frontage on two (2) dedicated streets, not including a comer lot. Lot, Width of shall mean the average horizontal distance between the side lot line, measured at right angles to the lot depth at a point midway between the front and rear lot lines. Master Plan see "Comprehensive Development Plan". Monument shall mean an identification marker established by certified land survey and set by a registered land surveyor at each section comer, angle point, block comer, street centerline, or other point. Outlot shall mean a lot remnant or parcel of land left over after platting, which is intended as open space or other use, for which no building permit shall be issued for any private structure. Typically uses are limited within the subdivision agreement and/or plat. Owner shall mean an individual, firm, association, syndicate, or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain such proceedings. Pedestrian Way shall mean a tract of land dedicated to public use, which cuts across a block to facilitate pedestrian access to adjoining streets or properties. Person shall mean an individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, City, County, special district or any other group or combination acting as an entity, except that it shall not include Grand Island, Nebraska. Planned Unit Development shall mean a development designed to provide for an unusual or different arrangement of residential, business, or industrial uses in accordance with an approved development plan. Plat shall mean a map showing the location, boundaries, and legal description of individual properties, including street rights-of-way, public utility easements, etc. Plat, Administrative shall provide for lot combinations and boundary adjustments which result in reconfigured lots with new lot boundaries. Plat, Final shall mean the final plan of the plat, subdivision or dedication of land prepared for filing or recording in conformance with this chapter. Substantial conformance to an approved preliminary plat, prepared by a registered professional engineer or a registered land surveyor in accordance with this chapter is required. Plat, Preliminary shall mean the preliminary plan of the plat, subdivision or dedication prepared in accordance with the requirements of this chapter. Plat, Revised Preliminary shall mean a revised plat or map of a previously approved preliminary plat, including supporting data, indicating a proposed subdivision development, prepared in accordance with this chapter. Preliminary Study shall mean a drawing of a proposed subdivision to be approved by the Planning Commission and City Council before proceeding with a final plat. Property Line Adiustment shall mean the relocation of a single common property line between two abutting lots, parcels or other units of land where an additional lot, parcel or unit of land is not created and the existing lot, parcel or unit of land reduced in size by the adjustment must comply with the applicable zoning requirements. A property line adjustment does not alter the location of utility services and hook-ups. Property line adjustments are accomplished through an administrative plat. Sidewalk or Walkway shall mean that portion of a dedicated right-of-way or easement improved and intended for pedestrian use only. Replat shall mean the act of platting the lots, parcels and easements in a recorded subdivision to achieve a reconfiguration of an existing subdivision or to increase or decrease the number of lots in the subdivision. Street shall include public streets, highways, avenues, boulevards, parkways, roads, lanes, alleys, viaducts, subways, tunnels, bridges, public easements and right-of-way. Where explicitly authorized by the City Council, private streets may be authorized with the subdivision agreement. Street, Arterial shall mean a street of considerable continuity connecting various sections of the City, designated as an arterial street on the official street plan of the City. Street, Collector shall mean a street or highway that is intended to carry traffic from minor streets to major streets. Collector streets are usually the principal entrance streets to residential developments and the streets for circulation within the development as designated in the Comprehensive Development Plan. Street, Frontal!:e Access shall mean a street parallel and adjacent to a major street, major inter-regional highway, or major collection road and primarily for service to the abutting properties, and being separated from the major street by a dividing strip. Street, Local shall mean a street which is used primarily for access to the abutting properties. - 3 - I I ORDINANCE NO. 9031 (Cont.) Street. Maior shall mean a street or highway used primarily for fast or high volume traffic, including expressways, freeways, boulevards, and arterial streets as designated in the Comprehensive Development Plan. Street. Minor shall mean a street intended primarily to provide pedestrian and vehicular access to the abutting properties. Subdivider shall mean any person, group, corporation, partnership, or other entity, or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision. Subdivision shall mean the division of a lot, tract, or parcel of land into two (2) or more lots, sites, or other divisions of land for the purpose, whether immediate or future, of transfer of ownership or building development, provided that the smallest lot created by the division is less than ten (10) aces in size. Subdivision. Administrative shall mean the re-subdivision of existing subdivided lots and blocks, involving the adjustment of existing lot boundaries or the consolidation of lots, in a manner consistent with zoning regulations concerning minimum area and dimensions of lots; but not creating additional lots nor necessitating the dedication of additional public right-of-way or easements. Subdivision Al!:reement shall mean an agreement between the City of Grand Island and a subdivider whereby the subdivider agrees to construct any required public street, drainage, and other improvements, for a subdivision and to provide security for completion of the subdivision improvements and in situations involving public financing, the relative cost be borne by the subdivider and by the public entity. Conditions involving lot frontage, use, annexation, landscaping, sidewalks, flood plain, utilities and similar concerns specific to the development of the property may also be addressed. Water Course. Drainal!:e Wav. Channel or Stream shall mean a current of water usually flowing in a definite channel, having a bed and side or banks, and discharging itself into some other stream or body of water. Zoninl!: District shall mean an area delineated on a zoning map for which uniform use regulations are specified. SECTION 2. Section 33-1 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 4. That this ordinance shall be in force and take eftect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: February 14, 2006. ~\ J. c Attest: Q$\ CL4- Ell L0o.N;b RaNae Edwards, City Clerk J~y vavricckayOf;", t ()"'~' ~i...\ .<<;1"'" " .. """""tio. ~".( . '\ .. t l"'~.\'. fj?POI/4l;....'~~,.,,~!. : ,'" ~\o. - 4 - ~\:: ~\ :::1: I J "'0",.) "~*~/ . I~.' ,;......... '.'\'-. - "..:;~ <; 8R AS'+----,,"6 '~'~~.:;::y.,-,.,,_.---<:..."..'