Chapter 16.04
GENERAL PROVISIONS
Sections:
16.04.010 Purpose of provisions.
16.04.030 Planning commission--Powers.
16.04.040 Compliance required.
16.04.010 Purpose of provisions.
This title is enacted for the purpose of adopting subdivision regulations for the city and the adjacent area under jurisdiction of the city for subdivision approval. With the adoption of subdivision regulations, the following objectives should be accomplished:
A. Better living conditions will be created within new subdivisions;
B. Land descriptions will be simplified and made more certain;
C. Necessary city streets, utilities and public areas may be extended without expensive land purchases;
D. Property values will be enhanced and secured in the subdivision and adjacent lands;
E. Purchasers will be protected from unexpected assessments.
(Ord. 209 § 1, 1965)
16.04.020 Definitions.
As used in this title, unless the context otherwise requires, the following words and phrases shall mean:
"City" means the city of Phoenix, a municipal corporation of the state of Oregon, where the provision involves a duty owed the city in either its governmental or its corporate capacity; otherwise, that officer, department or agency of the city indicated by the context, or, where the context does not clearly indicate a specific officer, department or agency, then the city council of the city.
"City engineer" means the duly appointed city engineer.
"Easement" means a grant of the right to use a strip of land for specific purposes.
"Lot" means a portion of a subdivision intended as a unit for transfer of ownership or for development and normally containing no part of a street.
1. "Reversed corner lot" means a corner lot the side street line of which is substantially a continuation of the front lot line of the first lot or its rear.
2. "Through lot" means a lot having frontage on two parallel or approximately parallel streets other than an alley.
"Owner" means person having sufficient proprietary interest in the land to be subdivided to commence and maintain proceedings to subdivide the same under this title.
"Planning commission" means the planning commission of the city.
"Planning office" means a department or agency of the city created or designated by the city council to perform ministerial functions in the administration of the affairs of the planning commission; where no such department or agency has been so created or designated reference thereto herein means the city council.
"Street" means a public way for sidewalk, roadway and utility installations, being the entire width from lot line to lot line and including "road," "highway," "lane," "place," "avenue," "alley" or other similar designations.
1. "Alley" means a narrow street through a block which affords only secondary means of access to abutting property at the rear or sides thereof.
2. "Cul-de-sac" (dead-end street) means a short street having one end open to traffic and being terminated by a vehicle turnaround.
3. "Half street" means the dedication of a portion only of the width of a street, usually along the edge of a subdivision where the remaining portion of a street has been or could later be dedicated in another subdivision.
4. "Local street" means a street used primarily for access to abutting properties.
5. "Major street" means a street used primarily for through traffic.
6. "Secondary street" means a street used to some extent for through traffic and to some extent for access to abutting properties.
"Subdivide land" means to partition a parcel of land into four or more parcels of less than five acres for the purpose of transfer of ownership or building development, whether immediate or future, when the parcel exists as a unit or contiguous unit under a single ownership as shown on the tax roll for the year preceding the partitioning.
"Subdivision" means either an act of subdividing land or a tract of land subdivided as defined in this section.
"Subdivider" means a person commencing proceedings under this title, to effect a subdivision of land under this title for himself for another.
(Ord. 209 § 2, 1965)
16.04.030 Planning commission--Powers.
A. The planning commission is designated as the approving agency with respect to subdivisions as provided in the state subdivision laws.
B. The planning commission shall have all the powers and duties with respect to tentative and final maps, and the procedure relating thereto, which are specified by law and this title.
(Ord. 209 § 3, 1965)
16.04.040 Compliance required.
It is unlawful for any person to dispose of, transfer, sell or agree or offer to sell any lot or parcel of land, if the same constitutes, or is part of, a process of subdivision as defined in Section 15.04.020, or if the sale, transfer or offer is made by reference to or exhibition of a plat or plan of a subdivision; unless all the requirements of this title with regard to such subdivision or the creation of such street or way have been complied with.
(Ord. 209 § 4, 1965)
16.04.050 Appeals.
Appeal may be made to the city council from any decision, determination or requirement of the planning commission or city engineer.
(Ord. 209 § 5, 1965)
16.04.060 Violation--Penalty.
Violation of any provision of this chapter shall be punished upon conviction by a fine pursuant to Section 1.20.020 of this code.
(Ord. 897 § 2, 2008: Ord. 209 § 22, 1965)