Any word or phrase which is defined in this section shall have the meaning assigned to it by this section whenever the word or phrase is used in these regulations:
(1) Agricultural Purposes. The growing of crops and the raising of livestock and poultry for profit on a tract of land of 10 acres or more. The feeding or disposal of community or collected garbage shall not be deemed an agricultural use.
(2) Alley. A minor right-of-way dedicated to public use which gives a secondary means of vehicular access to the rear or side of properties otherwise abutting a street and which may be used for public utility purposes.
(3) Arterial Street. A street serving major traffic movements, designed primarily as a traffic carrier between, around, and across cities, and between various sections of the county and which forms part of the through-street network. The designed function is to move traffic safely, efficiently, and quickly; to protect this function direct access is prohibited where practical. Such streets are subject to various and necessary control of entrances, exits, and curb uses.
(4) Block. A parcel of land used or intended to be used for urban purposes and entirely surrounded by public streets, highways, railroad rights-of-way, public walks, parks or green strips, rural land or drainage channels or a combination thereof.
(5) Building Line or Setback Line (Front). A line nearest the front of and across a lot or parcel of land establishing the minimum open space to be provided between the front line of a building or structure and the line of the fronting street right-of-way.
(6) City Engineer. The licensed engineer designated by the Governing Body to furnish engineering assistance for the administration of these regulations.
(7) Codes Administrator. The person authorized and empowered by the city to administer and enforce the permitting and inspecting process of these regulations, and associated regulations and codes adopted by the City.
(8) Collector Street. A street which is designed to serve traffic needs between arterial and local streets and not generally intended to provide access to abutting properties.
(9) Comprehensive Plan. The comprehensive development plan for the city officially approved or adopted to provide long-range development policies, and which may include, among other things, the plan for land use, land subdivision, circulation, and community facilities.
(10) Cul-de-sac. A street that has one outlet and is permanently terminated by a vehicle turn-around at the other end.
(11) Design Standards or Design Requirements. All requirements and regulations that relate to design and layout of subdivision.
(12) Double Frontage Lot. A lot with two opposite lot lines abutting upon streets which are substantially parallel.
(13) Easement. A grant of one or more of the property rights by the subdivider to and/or for use by the public, or any other individual or entity, which use shall be specified and demarcated on the subdivision plat or easement survey.
(14) Engineer. A professional engineer or land surveyor licensed by the State of Kansas or licensed to practice in the State of Kansas.
(15) Fire Department Access Road. A road designed and maintained to support the imposed loads of fire apparatus (70,000 pounds gross vehicle weight) and provided with a surface so as to provide all-weather driving capabilities. Such road shall be marked with proper signage. Where curbs are required, the curbs shall be painted to indicate a fire lane.
(16) Governing Body. The duly elected Mayor and City Council of the City of Eudora, Kansas.
(17) Half-Street. A street bordering one or more property lines of a subdivision tract to which the subdivider has allocated only a portion of the required street width.
(18) Local Street. A street or road which provides primarily for direct access to adjoining properties and is designed to serve minor traffic needs.
(19) Lot. A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose whether immediate or future, of transfer of ownership, or possession, or for building development.
Lot Depth. The mean horizontal distance between the front lot line and the rear lot line.
Lot Width. The mean horizontal distance between the side lot lines.
(20) Lot Line Adjustment. An adjustment of platted lot lines between owners of adjoining properties which is solely for the purpose of adjustments in boundaries or for the purpose of adjusting building lines as provided in these regulations.
(21) Lot Consolidation. A combining of adjacent lots under single ownership as provided in these regulations.
(22) Lot, Platted (or “Platted Lot”). A lot created by a final plat which has been approved by the planning commission, accepted by the governing body and filed in the Douglas County Register of Deeds.
(23) Lot Split. The division of a single lot zoned for industrial purposes or of any single platted lot, regardless of its zoning classification, into not more than two (2) tracts, per these regulations, without having to re-subdivide said lot, providing that the resulting lots shall not again be divided without replatting.
(24) Marginal Access Street (Frontage Road). A local street which is parallel with and adjacent to a limited access arterial street, road or highway and is designed to provide direct access to adjacent property.
(25) Neighborhood Development Plan. A general design plan for a designated neighborhood or planning area showing proposed collector streets, frontage roads, and concepts of local streets, school and park sites, and general land use areas for the neighborhood.
(26) Off-Site. Any premises not located within the area of the property to be subdivided, whether or not in the common ownership of the applicant for subdivision approval.
(27) One-Hundred Year Flood. A flood having a chance occurrence in any one year of one percent. A 10-year flood is a flood having a chance occurrence in any one year of 10%.
(28) Owner. Any person or persons, firm or firms, corporation or corporations, or any other legal entity having title to land.
(29) Pedestrian-way. A strip of land dedicated for public use which is reserved across a block for the purpose of providing pedestrian access to adjacent area.
(30) Planning Commission. The City of Eudora Planning Commission.
(31) Plat, Final. A drawing of a permanent nature showing the precise location and dimension of such features as streets, lots, easements and other elements pertinent to transfer of ownership and prepared to be recorded after approval by the Planning Commission and including any accompanying material as described in these regulations.
(32) Plat, Preliminary. A drawing described in these regulations, showing the proposed general patterns of streets, lots and land uses within a tract to be subdivided, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission for approval.
(33) Plat, Sketch. A sketch preparatory to the preliminary plat (or final plat in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the Codes Administrator as to the form of the plat and the objectives of these regulations.
(34) Plat, Small Subdivision. A subdivision or re-subdivision that consists of one, two, three, or four lots, where staff may waive the requirements for submission of pre-application plans and data and the preliminary plat.
(35) Private Street or Road. A nondedicated way which forms the principal vehicular access to property.
(36) Public Improvements. All public facilities constructed or erected by a subdivider within a subdivision to permit and facilitate the use of lots or blocks for a principal residential, business, or manufacturing purpose.
(37) Public Water. Water supplied for domestic purposes by a municipality or county and approved by the Kansas State Department of Health.
(38) Public Works Director. The person authorized and empowered by the City to administer the codes relevant to the development of public improvements, and associated regulations and codes adopted by the City.
(39) Re-subdivision. The act of amending or changing an approved Final Plat, including any change in any street layout or other public improvement, any lot line, the amount of land reserved for public use or the common use of lot owners, or any easements shown on the approved plat.
(40) Right-of-way. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term “right-of-way” for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way are not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.
(41) Street. A way set aside for vehicular traffic, regardless of size or designation, but excluding private driveways serving only one (I) parcel of land. The paved or improved area of a street way, exclusive of sidewalks, driveways, or related uses, may be referred to as the road or roadway.
Street, Arterial. A streets or highways designed or utilized primarily for high vehicular speeds or for heavy volumes of traffic.
Street, Collector. A street that carries or will carry intermediate volumes of traffic from local streets to arterial streets.
Street, Local. A street that is used or will be used primarily for access to abutting properties and which carry or will carry limited volumes of traffic.
Street, Marginal Access. A street that is parallel to and adjacent to arterial streets and highways and that serves to reduce the number of access points to the arterial streets and thereby increase traffic safety.
(42) Street Width. The distance measured perpendicular to the centerline of the paved portion of the right-of-way; either to the back of the curb, where a curb exists, or to the edge of the pavement where no curb exists.
(43) Structure: Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, but not including fences or public items such as utility poles, street light fixtures, and street signs.
(44) Subdivider. A person, firm, corporation, partnership, or association subdividing land.
(45) Subdivision. Any land, vacant or improved, which is divided or proposed to be divided into two (2) or more lots, parcels, sites, units, plots or interests for the purpose of offer, sale, lease or development either on the installment plan or upon any and all other plans, terms and conditions, including resubdivision. Subdivision includes the division or development of residential and nonresidential zoned land, whether by deed, metes and bound description, map, plat or other recorded instrument.
(46) Minimum Elevation for Building. The finished floor elevation of the lowest floor.
(a) Where the conditions imposed by the provisions of this article are either more restrictive than comparable conditions imposed by any other provisions of any other applicable law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern.
(b) The provisions of these regulations are not intended to abrogate any easement, covenant, or other private agreement: provided that where the requirements of these regulations are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement, the requirements of these regulations shall govern.
(c) A subdivision of land which was not lawful at the time of the adoption of these regulations shall not become or be made lawful solely by reason or adoption of these regulations.
(d) The provisions of these regulations are cumulative and are additional limitations upon other laws and ordinances heretofore passed or which may be passed hereafter governing any subject matter in the provisions of these regulations.