Chapter 16.06
RULES OF CONSTRUCTION AND DEFINITIONS
Sections:
16.06.010 Rules of Construction
16.06.010 Rules of Construction
Certain words used in this title shall be interpreted as follows:
A. "May" is permissive.
B. Present tense shall include the future tense.
C. "Shall" is mandatory. (Ord. 1244 (part), 2015: Ord. 920 2003)
(Manual, Amended, 07/21/2003)
16.06.020 Definitions
The following definitions shall apply:
"Alley" means a minor way designed or used primarily for vehicular and utility service access to the rear or side of properties otherwise abutting on a street.
"Block" means that property fronting on one (1) side of a street and so bounded by other streets, canals, unsubdivided acreage or other barriers (except alleys) of sufficient magnitude to interrupt the continuity of development on the perimeter of the property.
"City Council" means the Mayor and Council of the City of Winslow, Arizona.
"City" means the City of Winslow, Arizona.
"Community Development Director" means the City of Winslow official, or designee, responsible for conducting inspection, review and enforcement for compliance with regulations of the Zoning Ordinance, Subdivision Ordinance, and related development provisions.
"Cul-de-sac" means a short minor street having one (1) end open for motor traffic, the other being permanently terminated by a vehicular turnaround.
"Dedication" means the conveyance of land or a use of the land only (easement) to a public agency or to one (1) or more persons for a general or specific purpose.
"Development" means the construction of improvements and/or buildings on land for public or private purpose.
"Development agreement" means an agreement between the City and a community facilities district pursuant to Section 48-709 of Arizona Revised Statutes, a landowner or any other person having an interest in real property that may specify or otherwise relate to any of the following:
1. The duration of the development agreement.
2. The permitted uses of property subject to the development agreement.
3. The density and intensity of uses and the maximum height and size of proposed buildings within such property.
4. Provisions for reservation or dedication of land for public purposes and provisions to protect environmentally sensitive lands.
5. Provisions for preservation and restoration of historic structures.
6. The phasing or time of construction or development on property subject to the development agreement.
7. Conditions, terms, restrictions and requirements for public infrastructure and the financing of public infrastructure and subsequent reimbursements over time.
8. Conditions, terms, restrictions and requirements for annexation of property by the City and the phasing or timing of annexation of property by the City.
9. Conditions, terms, restrictions and requirements relating to the City’s intent to form a special taxing district pursuant to Title 48 of Arizona Revised Statutes.
10. Any other matters relating to the development of the property.
"Easement" means the right-to-use that a person or public entity may have on the land of another.
"Engineering plans or plans" means the plans, profiles, cross-sections, and other required details for the construction of public improvements and private lots (prepared by a civil engineer registered in the State of Arizona) in accordance with the approved preliminary plat and in compliance with standards of design as determined by the City.
"Final approval" means unconditional approval of the final plat of a subdivision. Such final approval must be certified on the plat by the Mayor and attested by the City Clerk.
"Floodplain" means an area of land subject to inundation or overflow of the one hundred (100) year flood having significant velocity to transport debris, scour the surface soil, dislodge or damage buildings or erode banks of water courses.
"Floodplain data" means information that defines the boundary of a floodplain in a one hundred (100) year flood, either mapped or given in elevations.
"Hearing Officer" means the Planning and Zoning Officer.
"Improvements" means the required installations, pursuant to this title, including, but not limited to, grading, drainage, sewer and water utilities, streets, street name signs, sidewalks, curb and gutter, easements, alleys, street lighting, and traffic control devices; the final approved design of which is a prerequisite to the approval and acceptance of the final plat and recordation of an approved final plat.
"Improvement standards" means a set of regulations setting forth the details, specifications and instructions to be followed in the planning, design and construction of certain required improvements to property.
"Lot" means a parcel or unit of ground described by metes and bounds, aliquot part or as a numbered lot or parcel in a recorded subdivision and held or intended to be held in a separate lease or ownership, and having frontage on at least one (1) street.
"Lot depth" means the horizontal distance between the front and rear lot lines. For lots having front and rear lot lines which are parallel, the horizontal distance between such lines; for lots having front and rear lot lines which are not parallel, the horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line; and for triangular shaped lots, the horizontal distance between the front line and a line within the lot, parallel to and at a maximum distance from the front line, said line having a length not less than ten (10) feet.
"Lot frontage" means the narrowest part of a front lot line that abuts a street.
"Lot line, front" means the boundary line of a lot which abuts a street and which the front of the building faces or will face, and which separates the lot from the street or easement through which access is provided; or as determined by the Community Development Director in cases of unique topography or unique lot configuration. In the case of a corner lot, the front lot line is the shorter of the two (2) lot lines separating the lot from the street, except that where these lot lines are equal or within feet of being equal either lot line may be designated the front lot line by the Community Development Director.
"Lot line, rear" means the boundary of a lot, which is most distant from, and most nearly parallel to, the front lot line. In the absence of a rear lot line, as is the case of a triangular shaped lot, the rear lot line may be considered as a line within a lot, parallel to and at a maximum distance from the front lot line, having a length of not less than ten (10) feet.
"Lot width" means, for rectangular lots, lots having side lot lines not parallel, and lots on the outside of the curve of a street, the distance between side lot lines measured at the required front setback line on a line parallel to the street or street chord; and for lots on the side curve of a street, the distance between side lot lines measured thirty (30) feet behind the required front setback line on a line parallel to the street or street chord.
"Minor subdivision" means, for a subdivision that consists of ten (10) or fewer lots, tracts or parcels, each of which is of a size conforming to the requirements of the zoning district in which the subdivision is located, the City may expedite the processing of or waive the requirement to prepare, submit and receive approval of a preliminary plat as a condition precedent to submitting a final plat and may amend infrastructure standards or requirements proportional to the impact of the subdivision. Requirements for dust-controlled access and drainage improvements may be amended, but shall not be waived.
"Open space" means any space or area characterized by existing openness, natural condition or present state of use that, if retained, would maintain or enhance the preservation of natural, scenic or recreational resources.
"Owner" means the person or persons holding title by deed to land, or holding title as vendor under a land contract, or holding any other title of record.
"Parcel of record" means any lot, tract, parcel or other piece of land that was recorded by the County Recorder prior to the adoption of the ordinance codified in this title.
"Perimeter boundary" means a line around any piece of property such as a lot, block or subdivision which encloses and separates that piece from adjacent pieces.
"Plat" means a document which includes a map of certain described land together with certifications, notes, development data and other information which has been prepared in accordance with this title and which serves as an instrument for subdivision approval.
"Plat, final" means the official plat which is prepared by a licensed engineer or surveyor and approved by the City Council and recorded with the County Recorder.
"Plat, preliminary" means the map or maps of a proposed subdivision, and specified supporting materials prepared in sufficient detail, by a licensed engineer or surveyor, to permit the evaluation of the subdivision prior to final engineering development and survey.
"Pre-application sketch plan" means a plan of a general nature for review by the City staff showing the proposed division of land at an early stage to enable discussion of the project between the subdivider and staff so as to identify any items of concern or requirements to be met before the preliminary plat is submitted.
"Proof of ownership" means a deed, title company certification, title report or some other document acceptable to the Community Development Director.
"Property split" means the division of improved or unimproved land into two (2) or three (3) lots, tracts or parcels of land for the purpose of sale or lease, except for any split involving the creation of a new street.
"Property split proposal" means the legal description of the land to be divided and legal descriptions of the lot or lots to be created along with a map showing the boundaries and dimensions of the land proposed to be split or divided and of the proposed lot or lots together with the approximate location of existing and proposed streets, easements or rights-of-way, and major improvements on or adjoining the subject property.
"Public improvement standards" means a set of regulations setting forth the details, specification and instructions to be followed in the planning, design and construction of certain public improvements in the City, formulated by the City Engineer, the County Health Department and other City departments.
"Right-of-way" means a parcel or strip of land which is granted to the City of Winslow by a property owner for use by another, e.g., street right-of-way.
"Sight distance triangle" means the area at the intersection of two (2) streets or roads where a driveway enters a street or road, that is intended to allow a clear line of sight of oncoming vehicles.
"Street" means the entire width between the boundary lines of every road or thoroughfare used for vehicular travel by the public, and includes pavement, shoulders, curbs, gutters and other areas within the boundary lines.
"Subdivider" means a person, firm, corporation, partnership, association, syndicate, trust, or other legal entity that files an application and initiates proceedings for a subdivision in accordance with the provisions of this title and statutes of Arizona, except that an individual serving as agent for such legal entity is not a subdivider; and said subdivider need not be the owner of the property as defined by this chapter.
"Subdivision" means improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into four (4) or more lots, tracts, or parcels of land, or, if a new street is involved, any such property which is divided into two (2) or more lots, tracts or parcels of land; or, any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two (2) parts. Subdivision also includes any condominium, cooperative, community apartment, townhouse, or similar project containing four (4) or more parcels, in which an undivided interest in the land is coupled with the right to exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the building or airspace above the property shown on the plat is to be divided. Subdivision does not include the following:
1. The sale or exchange of parcels of land to or between adjoining property owners if such sale or exchange does not create additional lots and conforms to the minimum lot size per the current zoning.
2. The partitioning of land in accordance with the statutes regulating the partitioning of land held in common ownership.
3. The leasing of apartments, offices, stores or similar space within a building, recreational vehicle park, or manufactured home park.
4. Mineral, oil or gas leases.
"Subdivision design" means the street alignment, grades and widths, alignments and widths of easements and rights-of-way for drainage and sanitary sewers, and the dimensions, arrangement and orientation of lots and streets.
"Tract" means a designated parcel of land that is part of a larger parcel. Sometimes used in lieu of "lot."
"USGS" means United States Geological Survey.
"Utilities" means the installations of facilities, furnished for the use of public electricity, gas, steam, communications, water, television cable, or sewage disposal, owned and operated by any person, firm, corporation, municipal department or board, duly authorized by State or municipal regulations. Utilities as used herein may also refer to such persons, firms, corporations, departments or boards, as applicable herein.
"Waterways" means any lake, river, creek, manmade channel, stream, wash or other body of water having banks and beds through which water flows at least periodically. The term may include specifically designated areas in which substantial flood damage may occur. (Ord. 1388 § 1, 2022; Ord. 1244 (part), 2015: Ord. 920 2003, Prior §16.04.040, Prior Code Appx. B § 401)
(Manual, Amended, 07/21/2003)