ARTICLE V: DEFINITIONS

5.1 USAGE

In addition to the requirements established herein, all subdivision plats shall comply with the following laws, rules and regulations:

5.1-1 For the purpose of these Regulations, certain numbers, abbreviations, terms and words used herein shall be used, interpreted, and defined as set forth in this section.

5.1-2 Unless the context clearly indicates to the contrary:

A. Words used in the present tense include the future tense.

B. Words used in the plural number include the singular and words used in the singular include the plural.

C. The word "herein" means "in these Regulations."

D. The word "Regulations" means "the Subdivision Regulations of Knox County."

E. A "person" includes a corporation, a partnership and any incorporated association of persons.

F. "Shall" is always mandatory. "May" is always permissive.

G. A "building" includes a "structure" and a "building" or "structure" includes any part thereof.

H. "Used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied."

5.2 DEFINITIONS

Alley: A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.

Applicant: The owner of land proposed to be subdivided or his representative.

Block: A tract of land bounded by streets, or by a combination of streets and other right-of-way or boundary lines.

Bond: Any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the County Commission.

Building: Any structure built for the support, shelter or enclosure of persons, animals, chattels, or movable property of any kind.

Building Line: A line on a plot indicating the limit beyond which buildings or structures may not be erected.

Common Open Space: An area of land or water or combination thereof planned for passive or active recreation, by more than one (1) homeowner or apartment dweller, but not including area utilized for streets, alleys, driveways or private roads, off-street parking or loading areas.

Common Sewer System: A sanitary sewage system in public ownership which provides for the collection and treatment of domestic effluent in a central sewage treatment plant which meets the minimum requirements of the Nebraska Department of Environmental Quality for primary and secondary sewage treatment and which does not include individual septic tanks or portable sewage treatment facilities.

Common Water System: A water system which provides for the supply, storage and distribution of potable water on an uninterrupted basis and which is in public ownership.

Comprehensive Development Plan: A plan adopted by the County, pursuant to State enabling legislation, for guidance of growth, land uses and improvements, including any part of such Plan separately adopted and any amendments to such plan, or parts thereof.

Construction Plan: The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Planning Commission as a condition of the approval of the plat.

Cul-de-Sac: A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement.

Developer: The owner of land proposed to be subdivided or his representative.

Easement: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.

Final Plat: The map or plan of a subdivision and any accompanying material, as described in these Regulations on which the subdivider's plan of subdivision is presented to the Planning Commission for approval and which, if approved, may be submitted to the Register of Deeds for filing.

Frontage: That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot.

Improvements: Street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, utility lines, landscaping, and other related projects normally associated with the development of raw land into building sites.

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 for building development or use.

Lot, Corner: A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty-five degrees (135^o).

Lot, Depth: The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and in the rear of the lot.

Lot Improvement: Any building, structure or improvement on the land constituting a physical betterment of real property.

Lot, Interior: A lot, other than a corner lot, having a single frontage on a street. Lot of Record: A lot which is part of a subdivision, the plat of which has been recorded in the Office of the Register of Deeds, or a parcel of land the deed to which was recorded prior to adoption of these Regulations.

Lot, Through: A lot which runs through a block from street to street and has frontage on two (2) or more streets..

Lot, Reversed Frontage: A lot on which the frontage is at right angles or approximately right angles, with the interior angle being less than one hundred thirty-five degrees (135°), to the general pattern in the area. A reversed frontage lot may also be a corner lot an interior lot or a through lot

Lot Splits and Administrative Plats: Any subdivision containing not more than three (3) lots fronting on an existing street, not involving any new street or road, or the extension of municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property.

Monuments: Permanent concrete or iron markers used to establish definitely all lines of the plot of the subdivision, including all lot corners, boundary line corners and points of change in street alignment

Nonresidential Subdivision: A subdivision whose intended use is other than residential, such as commercial or industrial. Such subdivision shall comply with the applicable provisions of these Regulations.

Owner: Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietory interest in the land sought to be subdivided under these Regulations.

Planned Development: District allowing flexible development of certain tracts of land when planned and designed as a unit for one or more land uses under the provisions of the Zoning Regulations of the County.

Planning Commission: The Joint Planning Commission as established in accordance with section 81-1211R.R.S. Neb. (1943) and with the powers and authority therein granted.

Plat: A map or drawing on which the subdivider's plan of subdivision is presented and which he submits for approval and intends in final form to record.

Preliminary Plat: The preliminary drawings, described in these Regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Planning Commission for approval.

Replat: A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use, or any lot; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivision.

Right-of-Way: A strip of land occupied or intended to be occupied by a street, pedestrian way, railroad, road or public or private utility or facility line.

Roadway: The portion of a street right-of-way developed for vehicular traffic and comprising the distance between property lines measured at right angles to the center line of the street.

Setback: The distance between a building and the street line nearest thereto.

Sidewalk: A pedestrian walkway with permanent surfacing to County standards.

Sketch Plat: A sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification preparatory to the preparation of 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 Planning Commission as to the form of the plat and the objectives of these Regulations.

Street: The entire width between the boundary lines of every way which provides for public uses for the purpose of vehicular and pedestrian traffic and the placement of utilities, and including the terms "road," "highway,” "lane," "place," "avenue," "alley" or other similar designation.

(a) Arterial Street: A street of considerable continuity which is intended to move through traffic to and from major traffic generators within the County and as a route for traffic between communities or large areas.

(b) Collector or Secondary Street: A street supplementary to the major street system and intended to move traffic from local roads to arterial streets; it may be used to some extent for through traffic and to a limited extent for access to abutting properties.

(c) Local Access Street: A street intended exclusively to provide access from abutting properties and to funnel traffic to collector or secondary streets.

Subdivider: Any person who, having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or who sells, leases, develops or advertises for sale, lease or development, any interest, lot, parcel, site, unit or plot in a subdivision.

Subdivision: The division of a lot, tract or parcel of land into two (2) or more lots, sites or other divisions of land for the purpose, whether immediate or future, of ownership of building development, except that the division of land shall not be considered to be a subdivision when the smallest parcel created is more than ten (10) acres in area and no new street is created nor existing street altered.

Subdivision Regulations: The Official Subdivision Regulations of the County, together with all amendments thereto, adopted pursuant to section 23-372 through 23-377 R.R.S. Neb. (1943).

Variance: A relaxation of the literal terms of the subdivision regulations where applicable to avoid undue hardship to a property owner and where the public interest will be served.

Zoning Administrator: The person or persons authorized and empowered by the County to administer and enforce the requirements of these Regulations.

Zoning Regulations: The official zoning regulations of the County, together with all amendments thereto, adopted pursuant to sections 23-114 through 23-114.05 R.R.S. Neb. (1943).