§ 36-3. Definitions.

For the purpose of this chapter, certain terms and words are hereby defined; terms not defined herein shall be construed in accordance with chapter 46, zoning, other codes and ordinances or their customary usage and meaning.

Certificate of serviceability means a document issued at no charge by the city engineer, certifying that a proposed plat can be adequately served with water and sewer according to the urban services element of the general plan.

City engineer means a duly qualified and licensed engineer hired by the city. In the event the city does not have an engineer, his duties herein shall be performed by the city manager with recommendations of consulting engineers as needed.

Conceptual/concept plan means a map or plat designed to illustrate the general design features and street layout of a proposed subdivision which is proposed to be developed and platted in sections.

Extraterritorial jurisdiction means that area adjacent to the corporate limits of the city over which the city is authorized to control, among other things, subdivisions as prescribed or defined by law.

Major street means a principal traffic thoroughfare which continues, or is intended to continue, across the city and which serves to connect remote parts of the city. Major streets may also be a principal connecting street with state or federal highways.

Minor or residential streets means all streets not otherwise indicated.

Planning and zoning commission means the duly appointed city planning and zoning commission of the city appointed by the city council.

Plat means a map or chart of the subdivision. The term "plat" also includes the plan, plat or replat, both singular and plural.

Resubdivision means the division of an existing subdivision, together with any change of lot size therein, or with relocation of any street lines.

Revised preliminary plat means a plat which has been previously submitted and is being resubmitted with changes.

Secondary or collector street means a continuous street through several residential districts intended as a connecting street between residence districts and major streets or business districts.

Secretary means the secretary of the city planning and zoning commission, or the authorized representative of the secretary.

Shall or may. The term "shall" is deemed to be mandatory; the term "may" is deemed to be permissive.

Subdivision.

(1)

The term "subdivision" means the division of any lot, tract, or parcel of land into two or more lots or sites for the purpose of sale or building development or transfer of ownership, whether immediate or future. The term "subdivision" includes resubdivision of land or lots.

(2)

The term "subdivision" does not include:

a.

The following:

1.

Testamentary division of property;

2.

Partnership division of property upon dissolution; or

3.

Division of property between two or more owners of an undivided interest by court order.

b.

The division of land into parcels of five acres or more, unless any such subdivision of five acres or more includes the planning or development of a new street.

Urban services element means an element of the general plan for the city as adopted and amended by the city council.

(Code 1990, ch. 8, § 2)