Chapter 16.04
GENERAL PROVISIONS
Sections:
16.04.010 Title.
The regulations set forth in this title shall be referred to as the “city of Lincoln City subdivision ordinance.” (Ord. 2011-01 § 1; Ord. 78-32 § 1.010(1))
16.04.020 Purpose.
The purpose of this title is to:
A. Encourage well planned subdivision development so that good, livable neighborhoods with all needed amenities and community facilities may be created;
B. Encourage development in harmony with the natural environment;
C. Safeguard both interests of the public and the property owner;
D. Improve land records and boundary monumentation;
E. Ensure equitable processing of subdivision plats and secure to the extent possible the goals and objectives of the comprehensive plan for the city. (Ord. 2011-01 § 1; Ord. 78-32 § 1.010(2))
16.04.030 Authority.
Oregon cities and counties are required by law to control the subdivision of land within their jurisdiction by virtue of ORS 92.010 through 93.160. (Ord. 2011-01 § 1; Ord. 78-32 § 1.010(3))
16.04.040 Definitions.
As used in this title, unless it is apparent from the context that different meanings are intended, the following words and phrases shall have the following meanings:
“Bikeway” means a right-of-way for bicycle traffic.
“Block length” means the distance measured along all that part of one side of a street which is between two intersecting or intercepting streets, or between an intersecting or intercepting street and a watercourse, body of water or undivided acreage.
“Bond or certified check” means a financial commitment by the partitioner or subdivider and executed by an Oregon licensed surety company, in an amount equal to the full cost of construction and improvements as required by LCMC 16.08.300, and conditioned upon the faithful performance thereof.
“Boundary survey,” pursuant to ORS 209.250, Section 1, as amended, means and includes a map made in sizes of eight and one-half inches by 13 inches or multiples thereof, and which is a permanent type of reproducible tracing. Maps shall show the following:
1. Location of survey by one-fourth section and donation land claim, township and range;
2. The date of survey;
3. Scale of drawing and north point;
4. Basis of bearings, if available;
5. Initial point of survey, giving ties to corner or corners of record;
6. All bearings or measured angles and distances separately indicated from those of record;
7. All monuments set and their relation to older monuments found. A detailed description of monuments found and set shall be included, and all monuments set shall be separately indicated from those found.
“Building line” means a line on a plat that coincides with the side of a building and behind which all structures must be located.
“Commission” means the city planning commission.
“Dedicated open space” means an open space comprising open land area, generally improved or developed to city standards, demonstrated on the comprehensive plan and/or approved by the planning commission and city council and dedicated through deeding or platting for public use, enjoyment and ownership. Improved pedestrian, bicycle and/or equestrian ways may be required.
“Development comprehensive plan” means any plan, including amendments adopted by the city, to regulate growth and improvements.
“Easement” means a grant of the right to use a strip of land for specific purposes.
“Equestrian way” means a right-of-way for equestrian traffic.
“Lot” means a unit of land that is created by a subdivision of land.
1. “Corner lot” means a lot two or more connecting sides of which abut street(s) other than alleys.
2. “Reversed corner lot” means a corner lot the side street line of which is substantially a continuation of the front line of the first lot to its rear.
3. “Through lot” means a lot having frontage on two parallel, or approximately parallel, streets other than alleys.
“Owner” means an individual, association, partnership or corporation having legal or equitable title to land sought to be divided, other than legal title held for purpose of security only.
“Parcel” means a unit of land that is created by a partitioning of land.
“Partition” means either an act of partitioning land, or an area or tract of land partitioned as defined in this section.
“Partition land” means to divide an area or tract of land into two or three parcels within a calendar year when such area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of such year. “Partition land” does not include:
1. Division of land resulting from the creation of cemetery lots;
2. The sale of a lot in a recorded subdivision, even though the lot may have been acquired prior to the sale with other contiguous lots or property by a single owner;
3. Any adjustment of a lot or parcel line by the relocation of a common boundary where an additional parcel or lot is not created and where the existing parcel or lot reduced in size by the adjustment is not in conflict with any applicable law or ordinance, including but not limited to provisions pertaining to minimum area, frontage, average depth and width and required setbacks.
“Partitioner” means an owner commencing proceedings under this title to effect a partition of land by himself or his lawful agent.
“Pedestrian way” means a right-of-way for pedestrian traffic.
“Plat” means and includes a final map, diagram, drawing, replat or other writing containing all description, locations, specifications, dedications, provisions and information concerning a subdivision or partition plat.
“Property line adjustment” means any adjustment of a lot or parcel line by the relocation of a common boundary that does not create an additional parcel or lot.
“Replat” means the act of platting a portion or all of the lots, parcels and easements in a recorded subdivision or partition plat to achieve a reconfiguration, or to increase or decrease the number of lots. A replat shall not serve to vacate any public right-of-way.
“Replat, minor” means a replat that involves five or fewer lots or any number of lots or parcels totally contained within a city block in the original configuration and that does not involve any public street rights-of-way. A minor replat shall not serve to vacate any public right-of-way.
“Right-of-way” means the area between boundary lines of a street or other easement.
“Road” or “street” means a public or private way that is created to provide ingress or egress (vehicular and pedestrian traffic) to one or more lots, parcels, areas or tracts of land, including the placement of utilities, excluding a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry, mining or agricultural purposes. A “road” or “street” includes the land between right-of-way lines, whether improved or unimproved.
1. “Alley” means a narrow street through the interior of a block, primarily for vehicular service access to the back or side of properties otherwise abutting on another street.
2. “Collector street” means a street supplementary to the major street system, and a means of intercommunication between this system and small areas; used to some extent for through traffic and for access to abutting properties.
3. “Cul-de-sac” or “dead-end street” means a short street having one end open to traffic; the other end terminated by a vehicle turnaround.
4. “Half-street” means a portion of the width of a street, usually along the edge of a subdivision, where the remaining portion of the street could be provided in another subdivision.
5. “Major street” means a street which is used primarily for through traffic, or which by its location will likely be needed for such use in the normal growth of the community.
6. “Marginal access street” means a minor street, parallel and adjacent to a major street, providing access to abutting properties, but protected from through traffic.
7. “Minor street” means a street intended exclusively for access to abutting properties.
8. “Private road” means a road or driveway under private ownership, the intent of which is to provide access to one or more lots or parcels and which travels through or alongside a separate ownership or potential separate ownership.
9. “Reserve strip” means a separated tract, designated by tract letter or number, intended to prohibit unrestricted vehicular or pedestrian movements from public streets and roads to or across private property. Reserve strips shall be placed in the control of the city.
“Roadway” means the portion of a street right-of-way developed for vehicular traffic.
“Sidewalk” means a pedestrian walkway with permanent surfacing to city standards.
“Subdivide land” means to divide an area or tract of land into four or more lots within a calendar year when such area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of such year.
“Subdivider” means an owner commencing proceedings under this title to effect a subdivision of land by himself or through his lawful agent.
“Subdivision” means either an act of subdividing land or an area or tract of land subdivided as defined in this section.
“Tentative plan” or “tentative map” means a preliminary drawing or diagram concerning a partition or subdivision.
“Undedicated open space” means an open space comprising open land area, generally unimproved or undeveloped to an acceptable standard. Ownership and maintenance shall remain with a responsible organization with powers to cause and ability to finance maintenance. Improved pedestrian, bicycle and/or equestrian ways may be required through undedicated open space. These ways may then become dedicated through deeding or platting, as required by the planning commission and city council. (Ord. 2011-01 § 1; Ord. 78-32 § 1.020)