Chapter 16.04
GENERAL PROVISIONS

Sections:

16.04.010    Applicability.

16.04.020    Exemption.

16.04.030    Definitions.

16.04.040    Administration.

16.04.060    Lot numbering and house address system.

16.04.010 Applicability.

Every subdivision of land within the unincorporated area of the county shall proceed in compliance with this title. Land divided as a short subdivision within five years immediately preceding may be resubdivided pursuant to this title. (Ord. 77-3 § 1)

16.04.020 Exemption.

The provisions of this title shall not apply to:

A.    Any cemetery or burial plot, while used for that purpose;

B.    Division of land not containing a dedication, in which the smallest lot created by the division exceeds twenty acres;

C.    Any division of land made by testamentary provision, the laws of descent, or upon court order. (Ord. 77-3 § 2)

16.04.030 Definitions.

Whenever the following words and phrases appear in this title they shall be given the meaning attributed to them by this section. When not inconsistent with the context, words used in the present tense shall include the future; the singular shall include the plural, and the plural the singular. The word “shall” is always mandatory, and the word “may” indicates a use of discretion in making a decision.

“Alley” is a strip of land dedicated to public use providing vehicular and pedestrian access to the rear side of properties which abut and are served by a public road.

“Block” is a group of lots, tracts or parcels within well defined and fixed boundaries.

“Board” is the legislative authority of the county.

“Comprehensive plan” is the current comprehensive plan of the county, adopted by the board pursuant to state law.

“Cul-de-sac” is a road closed at one end by a circular area of sufficient size for turning vehicles around.

“Dedication” is the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon; and, acceptance by the public shall be evidenced by the approval of such plat for filing by the board of county commissioners of the county.

“Easement” is a grant by a property owner to specific persons or to the public to use land for a specific purpose or purposes.

“Final plat” is the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in Chapter 271, Laws of 1969, First Ex. Sess., and in this title adopted pursuant thereto.

“Lot” is a fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.

“Planning commission” is the county planning commission.

“Plat” is a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, roads and alleys or other divisions and dedications.

“Preliminary plat” is a neat and approximate drawing of a proposed subdivision showing the general layout of roads and alleys, lots, blocks, and restrictive covenants to be applicable to the subdivision, and other elements of a plat or division which shall furnish a basis for the approval or disapproval of the general layout of a subdivision.

“Road” is an improved and maintained public right-of-way which provides vehicular circulation or principal means of access to abutting properties, and which may also include provisions for public utilities, pedestrian walkways, public open space and recreation areas, cut and fill slopes and drainage.

“Subdivider” is a person, including a corporate person, who undertakes to create a subdivision.

“Subdivision” is the division of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale or lease and shall include all resubdivisions of land. (Ord. 77-3 § 3)

16.04.040 Administration.

The county planning director hereafter referred to as the administrator, is vested with the duty of administering subdivision and platting regulations within the unincorporated areas of the county, and may prepare and require the use of such forms as are essential to their administration. (Ord. 77-3 § 4)

16.04.060 Lot numbering and house address system.

A lot numbering system and a house address system shall be required for short subdivisions and subdivisions and must be clearly shown on the short plat or final plat at time of approval. The county shall, through the building and planning department, provide such numbering system. (Ord. O-4-93 § 2)