Chapter 17.10


17.10.010    Terms defined.

17.10.010 Terms defined.

A. For the purpose of this title, certain words and terms are hereby defined. Words used in the present tense shall include the future, the singular number shall include the plural and the plural the singular; the word “shall” is mandatory; the word “may” is permissive.

“Acquisition plat” means the graphical representation of the division of land or rights in land, created as a result of a conveyance or condemnation for right-of-way purposes by an agency of the government or other persons having the power of eminent domain.

“Aliquot part” means a fractional part of a section within the United States public land survey system. Only the fraction parts one-half, one-quarter, one-half of one-quarter, or one-quarter of one-quarter shall be considered an aliquot part of a section.

“Alley” or “lane” means a public or private way not more than 30 feet wide affording generally secondary means of access to abutting property and not intended for general traffic circulation.

“Auditor’s plat” means a subdivision plat required by either the County Auditor or the County Assessor, prepared by a surveyor under the direction of the County Auditor.

“Block” means an area of land within a subdivision that is entirely bounded by streets, highways or ways, except alleys, and the exterior boundary or boundaries of the subdivision.

“Board” or “Board of Supervisors” means the Board of Supervisors of Black Hawk County, Iowa.

Building Line. Building lines shall be shown on all lots whether intended for residential, commercial, or industrial use. Such building lines shall not be less than required by the zoning ordinance of Black Hawk County, Iowa.

“Commission” or “Planning and Zoning Commission” means the Black Hawk County Planning and Zoning Commission.

“Conveyance” means an instrument filed with the County Recorder as evidence of the transfer of title to land, including any form of deed or contract.

“County” means Black Hawk County, Iowa.

“Cul-de-sac” means a street having one end open to motor traffic, the other end being permanently terminated by a vehicular turnaround.

“Developer” means the legal or beneficial owner or owners of a lot or of any land included in a proposed development including the holder of an option or contract to purchase, or other persons having enforceable proprietary interests in such land.

“Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. For the purpose of this title, a developable parcel is a lot or parcel that can have any principal permitted use listed in the zoning ordinance other than uses listed in the “A” agricultural district.

“Division” means dividing a tract or parcel of land into two parcels of land by conveyance or for tax purposes. The conveyance of an easement, other than a public highway easement, shall not be considered a division for the purposes of this title.

“Driveway” means a private property access to either a private or public street, road, alley, highway, or freeway. A typical driveway cross section is shown in Figure 1.

“Easement” means a grant by the property owner of the use for a specific purpose of a strip of land by the general public, a corporation, or a certain person or persons, and within the limits of which the owner shall not erect any permanent structures but shall have the right to make any other use of the land subject to such easements which is not inconsistent with the rights of the grantee. Public utilities shall have the right to trim or remove trees which interfere with the use of such easements.

“Engineer” means a registered civil engineer authorized and licensed to practice engineering in the state of Iowa.

“Farm” means an area comprising 35 contiguous acres, exclusive of streets and roads, or more which is used for agricultural purposes and the growing and production of all agricultural products thereon, and their storage on the area, or for the raising thereon of livestock. Division of said area by road does not render property noncontiguous.

“Farmstead” means the buildings and adjacent service areas of a farm, including sites where the buildings have been removed provided the land has not been cultivated.

“Final plat” means the final map or plan of record of a subdivision and any accompanying material, as described in Chapter 17.30 BHCC.

“Improvements” means addition of any facility or construction on land necessary to prepare land for building sites including road paving, drainageways, sewers, water mains, wells, and other works and appurtenances.

LESA System. Land evaluation and site assessment (LESA), which was originally developed by the United States Department of Agriculture, is a locally adapted tool for determining the relative agricultural value of land. LESA is a two-part evaluation, land evaluation and site assessment, which creates a score between zero and 300 points, with higher scores indicating higher agricultural viability. The LESA system is a tool to assist policy-makers by offering them a more thorough, objective means of evaluating the agricultural potential of land during the decision-making process. It is a growth management tool geared toward agricultural land preservation. The LESA system adopted by Black Hawk County has factors and weights that were determined by a local committee of residents and experts in local government, agriculture, soils, and land use planning.

“Lot” means, for the purposes of this title, a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area to provide such yards and other open space as are herein required. A lot of record is a lot the contract or deed to which has been recorded in the office of the Recorder of Black Hawk County, Iowa, prior to November 1, 1996, the effective date of the ordinance codified in this title. Said lot shall have frontage on or access to a public street or private street and may consist of:

1. A single lot of record;

2. A portion of a lot of record;

3. A combination of complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record;

4. A parcel of land described by metes and bounds; provided, that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of the zoning or subdivision ordinance.

“Major subdivision” means all subdivisions not classified as minor or agricultural subdivisions, including, but not limited to, any size subdivision requiring any new street, extension of local government facilities, or the creation of any public improvements.

“Metes and bounds” means the method used to describe a tract of land that uses distance and angles, uses distances and bearings, or describes the boundaries of the parcel by reference to survey monuments or physical features of the land.

“Minor plat” means a plat replacing a preliminary and final subdivision plat in the case of minor subdivisions to enable the subdivider to save time and expense in reaching a general agreement as to the form of the plat and the objectives of Chapter 17.35 BHCC.

“Minor subdivision” means any subdivision which contains or creates not more than three developable parcels fronting an existing road or with a dedicated easement for access, not involving any new road or street (public or private), or the extension of municipal facilities or the creation of any public improvements or the dedication of lands to the County, and not adversely affecting the remainder of the parcel or adjoining property and not in conflict with any provision of the comprehensive plan, zoning ordinance, or this title may be classified as a minor subdivision and must meet the appropriate regulations.

“Nonresidential subdivision” means a subdivision whose intended use is other than residential, such as agricultural, commercial or industrial. Agricultural subdivisions shall comply with BHCC 17.05.030(E), Agricultural Plats. Commercial or industrial subdivisions that contain or create more than two developable parcels shall be classified as a major subdivision and must meet the appropriate regulations.

“Official plat” means either an Auditor’s plat or a major or minor subdivision plat that meets the requirements of the Code of Iowa and has been filed for record in the offices of the County Recorder, County Auditor, and County Assessor.

“Owner” means the legal entity holding title to the property being subdivided, or such representative or agent as is fully empowered to act on its behalf.

“Parcel” means a part of a tract of land.

“Permanent real estate index number” means a unique number or combination of numbers assigned to a parcel of land pursuant to Iowa Code Section 441.29.

“Plat” means a map, drawing, or chart, on which the subdivider’s plan of the subdivision is presented and which he submits for approval and intends in final form to record.

“Preliminary plat” means the proposed map or plan of record of a subdivision and any accompanying material, as described in Chapter 17.25 BHCC.

“Public utilities” means public or quasipublic distributing or operating equipment for related services for telephone, electricity, cable television, gas, sewer and water. For purposes of this title, a private, common water system and a common sewer system may be considered a public utility when a public or quasipublic system is not available and when the creating parties agree.

“Resubdivision” means 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 such a change affects any map or plan legally recorded prior to the effective date of the ordinance codified in this title.

“Street line” means a dividing line between a lot, tract or parcel of land and a contiguous street.

“Street, road, alleys, drive or entrance (public)” means all property intended for use by vehicular traffic which has been dedicated to the public or deeded to a political subdivision.

“Street, road, alleys, drive or entrance (secondary road system)” means all property intended for use by vehicular traffic which has been dedicated to the public and meets requirements of the Code of Iowa and has been accepted into the County system by the Board of Supervisors.

“Street, road, drive, alleys, or entrance (private)” means all property intended for use by vehicular traffic, but not dedicated to the public nor controlled and maintained by a political subdivision.

“Subdivider” means the owner of the property being subdivided, or such other person or entity empowered to act on the owner’s behalf.

“Subdivision” means any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots, or interests for the purpose of sale, including a sale on contract or the making of a gift, or lease, or development, including resubdivision. “Subdivision” includes the division or development of residential or nonresidential zoned land, whether by deed, sale on contract, devise, intestate succession, lease, map, plat, or other recorded instrument. A minor plat shall be required unless the split meets the requirements of an agricultural plat.

“Subdivision agent” means 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.

“Subdivision plat” means the geographical representation of the subdivision of land, prepared by a registered land surveyor, having a number or letter designation for each lot within the plat and a succinct name or title that is unique for the County where the land is located.

“Surveyor” means a registered land surveyor authorized and licensed to practice surveying in the state of Iowa, pursuant to Iowa Code Chapters 355 and 542B.

“Tract” means an aliquot part of a section, a lot within an official plat, or a government lot.

“Zoning Administrator” means the administrative officer designated or appointed by the Board of Supervisors to administer and enforce the regulations contained in this title. [Amended during 2014 recodification; Ord. 83, 2003; Ord. 81, 2003; Ord. 75, 2002; Ord. 51, 2000; Ord. 39 § 2, 1996. Code 2009 App. B, § 2.]