Chapter 16.04
GENERAL PROVISIONS

Sections:

16.04.010    Title.

16.04.020    Purpose.

16.04.030    Compliance required.

16.04.040    Definitions.

16.04.050    Powers of the city staff and planning commission.

16.04.010 Title.

This title shall be known as the “Subdivision Ordinance” of the city of Culver, Oregon. [Ord. 01-02 § 3 (Exh. 3 § 1), 2001.]

16.04.020 Purpose.

The purpose of this title is to enact subdivision regulations for the city which will provide for better living conditions within new subdivisions; assure necessary streets, utilities, and public areas and provide for their installation or improvement; enhance and secure property values in subdivisions and adjacent land; simplify and make land descriptions more certain; implement the comprehensive land use plan; and, in general, to promote the health, safety, convenience, and general welfare of the people of Culver. [Ord. 01-02 § 3 (Exh. 3 § 2), 2001.]

16.04.030 Compliance required.

It shall be unlawful for any person to create any street or way for the purpose of partitioning land; or to dispose of, transfer, sell, or agree to offer to sell any lot or parcel of land if the same constitutes or is part of a process of subdivision or minor land partition as defined in CMC 16.04.040, or if the sale, transfer, or offer is made by reference to or exhibition of a plat or plan of a subdivision unless all the requirements of Chapters 16.04 to 16.24 CMC with regard to such subdivision or minor land partition, or the creation of such street or way, have been complied with. In the event of an unlawful subdivision or partitioning contrary to this section, each day during which the subdivider thereafter fails to bring the subdivision into total compliance with this title shall be deemed a separate offense punishable by fine not exceeding $500.00. [Ord. 01-02 § 3 (Exh. 3 § 3), 2001.]

16.04.040 Definitions.

As used in Chapters 16.04 to 16.24 CMC, unless the context otherwise requires, the following words and phrases shall mean:

“Access or access way” means the place, means, or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property.

“Alley” means a public way, permanently dedicated or reserved as a secondary means of access to abutting property. Encroachment by a structure or other land use is prohibited.

“Block” means a contiguous series of lots bounded on all sides by streets, railroad rights-of-way, or unsubdivided land.

“Building line” means a dashed line on a plat restricting the location of buildings or structures or that distance as prescribed by CMC Title 17, when applicable.

“City” means the city of Culver, a municipal corporation of the state of Oregon, where the provisions involve a duty owed the city in either its governmental or its corporate capacity; otherwise, that officer, department, or agency of the city indicated by the context or, where the context does not clearly indicate a specific officer, department, or agency, then the city administrator of said city.

“City administrator” means the duly appointed administrative officer of the city of Culver, or a person designated to fulfill the obligations as set forth in this title.

“City engineer” means the appointed city engineer of the city of Culver.

“Comprehensive plan” means a plan adopted by the planning commission providing the objectives and policy guidelines for the growth and development of the city, including amendments thereto.

“Contiguous land” means two or more parcels or units of land including water under a single ownership which are not separated by an intervening parcel of land under separate ownership including limited access right-of-way which would deny access between the two parcels under single ownership.

“Curb line” means the line dividing the roadway from a planting strip or footway.

“Design” means the design of any street or alley, alignments, grade or width, alignment of width of easements and rights-of-way for drainage or irrigation purposes and sanitary facilities.

“Easement” means a grant of the right to use a strip of land for specific purposes. Public easements shall not be encroached upon by permanent structures.

“Legal description” means the method by which the outer boundaries of a site or premises and all appurtenant easements and applicable restrictions or covenants are described or established by reference to established points, monuments, etc.

“Lot” means a single parcel of land for which a legal description is filed on record or the boundaries of which are shown on the subdivision plat filed in the office of the Jefferson County clerk. The term “lot” shall include a part of a single parcel of land when such part is used as a separate lot for all purposes and under all requirements of this title; except for the parcel of land on which condominium structures are placed, the term “lot” does not include condominium as used under ORS 91.505 through 91.675, “Unit Ownership Law.”

“Lot area” means the total horizontal net area within the lot lines of a lot.

“Lot corner” means a lot situated at the intersection of two or more streets.

Lot Depth. The depth of a lot shall be the horizontal length of a straight line connecting the bisecting points of the front and rear lot lines.

“Lot, double frontage” means an interior lot having frontage on and with access on two parallel or approximately parallel streets.

“Lot, interior” means a lot other than a corner lot or reverse corner lot.

“Lot, key” means the first lot to the rear of a reversed corner whether or not separated by an alley.

“Lot line, front” means, in the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the line separating the narrowest street frontage of the lot from the street.

“Lot line, rear” means lot line which is opposite and most distant from the front lot line.

“Lot line, side” means any lot boundary line not a front line or a rear lot line.

“Lot, reverse corner” means a corner lot which rears upon the side yard of another lot.

“Lot width” means the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

“Minimum road standard” means that standard which must be met by a road before it may be used in a subdivision or partition or is accepted for dedication to the city.

“Nonconforming structure or use” means a lawful existing structure or use at the time this title or any amendment thereto becomes effective which does not conform to the requirements of the zone in which it is now located.

“Official map” means the comprehensive plan map as adopted by the planning commission for the city of Culver.

“Owner” means the individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest in the land sought to be subdivided or partitioned to commence and maintain proceedings to subdivide or partition the same under this title.

“Parcel” means a tract of land as created by a partitioning of land.

“Parking space” means a rectangular area not less than 20 feet long and eight and one-half feet wide, together with maneuvering and access space required for a standard American automobile to park within the rectangle.

“Partition land” means to divide an area or tract of land into two or three parcels when such area or tract exists as a unit of contiguous land under a single ownership. “Partition land” does not include division of land resulting from creation of cemetery lots; and “partition land” does not include any adjustment of a lot line by relocation of a common boundary where an additional parcel is not created and where the existing parcel reduced in size by the adjustment is not reduced below the minimum lot or parcel size established by applicable zoning ordinance. See ORS Chapter 92 for further definition.

“Pedestrian way” means a right-of-way for pedestrian traffic.

“Plat” means a map, diagram, drawing, or replat containing all descriptions, locations, specifications, dedications, provisions, and information concerning a subdivision or partition as specified by this title.

“Right-of-way” means the area between the boundary lines of an alley, easement, street, or highway.

“Roadway” means the portions of the right-of-way of a street or highway developed for vehicular traffic.

“Sidewalk” means a pedestrian walkway with permanent surfacing.

“Street” means a public way for sidewalk, roadway, and utility installations, being the entire width from lot line to lot line and including the terms “road,” “highway,” “lane,” “place,” “avenue,” “alley,” or other similar designations.

1. “Alley” means a narrow street through a block which affords only secondary means of access to abutting property at the rear or sides thereof.

2. “Cul-de-sac (dead end street)” means a short street having one end open to traffic and being terminated by a vehicle turn-around.

3. “Half-street” means the dedication of a portion only half of the width of a street, usually along the edge of a subdivision, where the remaining portion of a street has been or could later be dedicated in another subdivision.

4. “Local street” means a street used primarily for access to abutting properties.

5. “Major street” means a street used primarily for through traffic.

6. “Secondary street” means a street used to some extent for through traffic and to some extent for access to abutting properties.

“Structure” means that which is built or constructed. An edifice or building of any kind or any piece of work artificially built up or composed of parts wired together in some manner and which requires location on the ground or which is attached to something having a location on the ground.

“Subdivide land” means to divide an area or tract of land into four or more lots when such area or tract of land exists as a unit or contiguous units of land under a single ownership at the time of adoption of the ordinance codified in this title.

“Subdivider” means any person, firm, corporation, partnership or association who causes the land to be divided into a subdivision as defined herein.

“Tentative plan” means initial diagram of a proposed subdivision or partition. [Ord. 01-02 § 3 (Exh. 3 § 4), 2001.]

16.04.050 Powers of the city staff and planning commission.

A. The city staff may administratively approve tentative plans for partitions subject to the right of aggrieved parties to appeal to the planning commission. The city staff may refer any partition to the planning commission as staff deems necessary. The planning commission review of such referral may also require a quasi-judicial public hearing process.

B. The planning commission is hereby designated as the approving agency with respect to subdivision of land, as provided in the state subdivision laws.

C. The planning commission shall have all the powers and duties with respect to tentative and final subdivision maps, and the procedure relating thereto, which are specified by law and by this title.

D. A decision of the planning commission may be appealed to the city council by an aggrieved party following the provisions of CMC 17.48.080. [Ord. 01-02 § 3 (Exh. 3 § 5), 2001.]