Dunbar City Zoning Code
CHAPTER FIVE
Subdivision Regulations
1351.01 SHORT TITLE.
Chapter Five of this Part Thirteen - Planning and Zoning Code shall be known and may be cited as the "City of Dunbar Subdivision Regulations".
(Ord. 208. Passed 6-7-61.)
1351.02 DEFINITIONS.
For the purposes of these Subdivision Regulations, the following words and phrases shall have the meanings respectively ascribed to them by this section:
(a) "Alley" means a minor right of way providing secondary vehicular access to the side or rear of two or more properties.
(b) "Building line" means the line within the property defining the required minimum distance between any enclosed structure and the adjacent street right of way.
(c) "Cartway" means that portion of the street right of way surfaced for vehicular use.
(d) "Commission" means the Municipal Planning Commission of the City of Dunbar.
(e) "Council" means the Council of the City of Dunbar.
(f) "Easement" means a grant by a property owner of the use, for a specific purpose or purposes, of a strip of land by the general public, a corporation or a certain person or persons.
(g) "Improvements" means those physical changes to the land necessary to produce usable and desirable lots from raw acreage including, but not limited to: grading, paving, curb, gutter, storm sewers and drains, improvements to existing water courses, sidewalks, crosswalks, street signs, monuments, water supply facilities, and sewage disposal facilities.
(h) "Lot" means a tract or parcel of land intended for the transfer of ownership, use or improvement, whether immediate or future.
(i) "Plan, final" means a complete and exact subdivision plan, prepared for official recording as required by statute, to defined proposed streets and other improvements.
(j) "Right of way" means land reserved for use as a street, alley, interior walk, or for other public use.
(k) "Subdivision" means the division of a single lot, tract or parcel of land, or part thereof, into two or more lots, tracts or parcels of land, including changes in street lines or lot lines for transfer of ownership or of building development.
(l) "Subdivider" means the owner, or authorized agent of the owner, of the subdivision.
(m) "Streets":
(1) "Collector streets" means streets, which, in addition to giving access to abutting properties, intercept minor streets and provide routes, carrying considerable volumes of local traffic to community facilities and to local highways as designated on the comprehensive plan map.
(2) "Minor streets" means streets used primarily to provide access to abutting properties.
(3) "Marginal access streets" means minor streets parallel and adjacent to local highways, providing access to adjoining properties and control of intersection with local highways.
(n) "Variance" means an instance where the subdivider can show that a provision of these regulations would cause an unnecessary hardship if strictly adhered to and where, because of topographical or other conditions peculiar to the site, in the opinion of the Planning Commission a departure may be made without destroying the intent of such provisions, the Planning Commission may authorize a variance. Any variance thus authorized is required to be entered in the minutes of Council and the reasoning on which the departure was justified.
(Ord. 208. Passed 6-7-61.)
1351.03 PURPOSE.
Chapter Five is enacted for the purpose of assuring sites suitable for building purposes and human habitation; coordination of subdivision streets with existing and planned streets or highways; coordination and extension of facilities included in the comprehensive plan; establishment of minimum width, depth and area of lots within the projected subdivision; distribution of population and traffic in a manner tending to create conditions favorable to health, safety, convenience, and the harmonious development of the City; fair allocations of areas for streets, parks, schools, public and semi-public buildings, homes, utilities, business and industry.
(Ord. 208. Passed 6-7-61.)
1351.04 APPROVAL BY PLANNING COMMISSION.
After a comprehensive plan and an ordinance containing provisions for subdivision control and the approval of plats and replats have been adopted and a certified copy of the ordinance has been filed with the county clerk, the Planning Commission shall have exclusive control over the approval of all plats involving incorporated land covered by the comprehensive plan and ordinance. (Ord. 208. Passed 6-7-61.)
1351.05 RECORDING OF PLAT.
After a comprehensive plan and an ordinance, containing provisions for subdivision control and the approval of plats and replats, have been adopted and a certified copy of the ordinance has been filed with the county clerk, a plat of a subdivision shall not be recorded by the county clerk unless it has first been approved by the Planning Commission having jurisdiction over the area. The filing and recording of a plat involving the subdivision of lands covered by such comprehensive plan and ordinance shall be without legal effect unless approved by the Commission; provided, that failure to comply with this section shall not invalidate or affect title to any land within the area of such plat; and provided further, that if such plat shall bear the seal of the Commission, it shall be presumed to have been approved thereby.
(Ord. 208. Passed 6-7-61.)
1353.01 INITIAL REVIEW BY PLANNING COMMISSION.
(a) The plan requirements and application procedure shall be followed by subdividers as set forth in this article and shall be submitted to the Planning Commission prior to consideration by Council.
(b) A person desiring the approval of a plat shall submit a written application for a certificate, together with a copy of the proposed plat to the Planning Commission.
(Ord. 208. Passed 6-7-61.)
1353.02 COPIES OF APPLICATION; FEE.
(a) When filing an application for examination of a plat or subdivision plat, the subdivider shall submit duplicate copies of all plans and other information. One copy of such plans and data shall be retained by the Planning Commission and the other copy returned to the subdivider.
(b) At the time of filing the application, the subdivider shall pay to the Commission, for use by the City, a fee to defray the cost of processing such plans and drafting same on the official map of the City. The fee shall be not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00), the amount to be determined by the City Engineer based upon the estimated cost of processing each such plan.
(Ord. 208. Passed 6-7-61.)
1353.03 PLAN REQUIREMENTS.
(a) For any subdivision plan requiring approval, the plans submitted:
(1) Shall be drawn on new linen tracing cloth and shall be on sheets in multiples of seventeen inches by twenty-two inches wide with a border of one-half inch on all sides except the binding edge shall be one inch.
(2) Shall be drawn with waterproof black ink and all records, data, entries, statement, etc., thereon shall also be made with the same type ink or reproducible typing.
(3) Shall be drawn to a scale of 100 feet to the inch or larger. More than one sheet may be used for larger tracts and must be indexed.
(4) Shall contain a title block in the lower right hand corner, with the:
A. Name under which the subdivision is to be recorded.
B. Date of plan, scale and location of subdivision.
C. Name of owner of subdivision.
D. Name and address of registered engineer or surveyor preparing plan.
(b) All final plans submitted shall be drawn according to the following:
Outside of subdivision:
(1) Streets and other ways by medium solid lines.
(2) Property lines of adjacent subdivisions by medium dashed lines and two dotted lines.
(3) Lot line by light dotted lines.
(4) Restriction lines, easements, etc., by light dashed lines.
Within subdivision:
(1) Streets or ways by heavy solid lines.
(2) Perimeter property lines of subdivision by heavy dashed and two dotted lines.
(3) Lot lines by medium solid lines.
(4) Restriction of building lines by medium dashed lines.
(5) Easements or other reserved areas by light dotted lines.
(c) The final plat shall show:
(1) Primary control points, approved by the City Engineer or description and ties to such control points, to which all dimensions, angles, bearings, and similar data shall be referred.
(2) Tract boundary lines, right of way lines of streets, easements and other right of way and property lines of residential lots and other sites with accurate dimensions, bearings or deflection angles, and radii, arcs and central angles of all curves.
(3) Name and right of way width of each street or right of way.
(4) Location, dimension, and purpose of all easements.
(5) Number to identify each lot or site.
(6) Purpose for which sites other than residential are to be dedicated.
(7) Building set back line on all lots and sites.
(8) Location and description of survey monuments.
(9) Names of record owners of adjoining unplotted land.
(10) Certification of registered engineer or surveyor certifying to accuracy of survey and plat boundary closure.
(11) Protective covenants, if any, in form of recording.
(12) Certification of title showing that applicant is owner of land.
(13) Statement by owner dedicating streets, rights of way and sites for public use.
(14) Such other certificates, affidavits, endorsements or dedications as may be required in the enforcement of the Subdivision Regulations.
(Ord. 208. Passed 6-7-61.)
1353.04 ADDITIONAL MATERIAL TO BE SUBMITTED.
(a) The following material shall be submitted with the plan:
(1) A description of existing covenants, land characteristics, community facilities and utilities; the number of lots and sizes, business areas, playgrounds, and proposed protective covenants, utilities and street improvements.
(2) A map showing the relationship of the proposed subdivision to existing community facilities which serve or influence it and shall include development name, location and existing facilities, title, scale and north arrow.
(3) Topographic map of subdivision with contour interval of five feet, or in the case of relatively flat areas, such interval as may be necessary for study of the tract.
(4) Show existing water courses, banks, and other significant natural features.
(5) Show all existing buildings, sewers, water mains, culverts, bridges, and other significant man made features.
(6) All existing streets on or adjacent to the tract, including name, right of way and cartway width.
(7) Location and width of all proposed streets, alleys, sidewalks, rights of way and easements; lot lines with dimensions and bearings, building lines, and reservations of ground for public use including parks and recreational areas.
(b) The following data shall be submitted when requested by the Planning Commission:
(1) Subsurface condition of the tract.
(2) Profiles showing existing ground and proposed centerline street grades.
(3) Typical cross sections of roadways and sidewalks.
(4) Names of abutting property owner.
(Ord. 208. Passed 6-7-61.)
1353.05 NOTICE AND HEARING.
Upon receipt of the application, the Planning Commission, if it tentatively approves the application, shall set a date for a hearing, notify the applicant in writing, and notify by general publication or otherwise any person or governmental unit having a probable interest in the proposed plat.
(Ord. 208. Passed 6-7-61.)
1353.06 EFFECT OF APPROVAL OR DISAPPROVAL.
After the hearing and within a reasonable time after application for approval of the plat, the Planning Commission shall approve or disapprove it. If the Commission approves, it shall affix the Commission's seal upon the plat. If it disapproves, it shall set forth its reasons in its own records and provide the applicant with a copy.
(Ord. 208. Passed 6-7-61.)
1353.07 PLATS FILED WITHOUT APPROVAL.
After a comprehensive plan and an ordinance containing provisions for subdivision control and the approval of plats and replats have been adopted and a certified copy of the ordinance has been filed with the county clerk, the filing and recording of a plat involving the subdivision of lands covered by such comprehensive plan and ordinance shall be without legal effect unless approved by the Planning Commission; provided that failure to comply with this section shall not invalidate or affect the title to any land within the area of such plat; and provided further, that if such plat shall bear the seal of the Commission it shall be presumed to have been approved thereby.
(Ord. 208. Passed 6-7-61.)
(Ord. 208. Passed 6-7-61.)
1355.01 VARIANCES ALLOWED.
Where the Planning Commission finds that extraordinary hardships may result from strict compliance with the Subdivision Regulations, it may vary the requirements so that substantial justice may be done and the public interest secured; provided that such variance will not have the effect of nullifying the interest and purpose of the comprehensive plan or the provision of the Subdivision Regulations.
(Ord. 208. Passed 6-7-61.)
1355.02 CONDITIONS REQUIRED; APPROVAL OF COUNCIL.
In granting variances and modifications, the Planning Commission may require such conditions, as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified. The granting of variances and modifications by the Planning Commission shall be conditional and subject to the final approval of Council.
(Ord. 208. Passed 6-7-61.)
1357.01 STANDARDS TO BE APPLIED BY COMMISSION.
The land subdivision principles, standards, and requirements of the Subdivision Regulations shall be applied by the Planning Commission in evaluating the plans for proposed subdivisions and shall be considered minimum requirements.
(Ord. 208. Passed 6-7-61.)
1357.02 LAND REQUIREMENTS.
Land shall be suited for the purpose for which it is to be subdivided. Land subject to hazards of life, health, and safety shall not be subdivided for residential use until such hazards shall have been removed.
(Ord. 208. Passed 6-7-61.)
1357.03 STREET REQUIREMENTS.
(a) Proposed streets shall be properly related to City, County and State road and highway plans which have been prepared and officially adopted.
(b) Streets shall be logically related to the topography so as to produce usable lots and reasonable grades.
(c) Minor streets shall be so laid out as to discourage through traffic, but provisions for street connections into and from adjacent areas will be generally required.
(d) Where a subdivision abuts or contains an existing or proposed arterial street, the Planning Commission may require a marginal access road, reverse frontage, or other treatment which will provide protection for abutting properties, reduction of number of intersections, and separation of local and through traffic.
(e) Half streets shall be prohibited except to complete an existing half street.
(f) Maximum Allowable Grades:
Street | Percent |
Collector | 8 |
Minor | 14 |
(g) Minimum grades on all streets shall not be less than one-half percent (0.50%).
(h) Vertical curves shall be installed on all street grade changes exceeding one percent (1%).
(i) Alignment. Minimum centerline radius for horizontal curves:
Street | Feet |
Collector | 150 |
Minor | 200 |
(j) Widths. Minimum street right-of-way widths and cartway widths shall be as follows:
Type of Street | Type of Development | Cartway (ft.) | Right of Way (ft.) |
Minor and Marginal Access: | Single-family lots one hundred feet or more in width or plan of less than twenty lots | 20 | 50 |
Single-family lots sixty feet to one hundred feet | 22 | 50 | |
Commercial or industrial | (as determined by Commission) | ||
Collector: | Single-family lots in one hundred feet width or over | 24 | 50 |
Single-family lots sixty feet to one hundred feet | 28 | 50 | |
Multi-family, commercial or industrial | 32 | 50 | |
(k) Cul-de-sacs. Cul-de-sacs are permitted where the length does not exceed six hundred feet and where a turnaround with a roadway diameter of eighty feet and a right of way of one hundred feet is provided.
(l) Street Intersections.
(1) All curbs at intersections shall be rounded by a minimum radius of twenty feet.
(2) Where the grade of any street at the approach to an intersection exceeds five percent (5%), a leveling area shall be provided with a transitional grade not to exceed two percent (2%) for a distance of fifty feet from the nearest right- of-way line of the intersection.
(3) Multiple intersections of more than four roads shall be avoided.
(4) Minimum street intersection angles shall be not less than sixty degrees.
(m) Street offsets of less than one hundred twenty-five feet are to be avoided.
(n) Reverse curves shall have a minimum tangent between them of:
Streets | Feet |
Collector | 75 |
Minor | 50 |
(o) Alleys.
(1) Not permitted in residential areas.
(2) Permitted in commercial and industrial areas subject to approval of the Commission. (Ord. 208. Passed 6-7-61.)
1357.04 STREET NAMES.
The subdivider may choose his street names subject to the approval of the Planning Commission. No street, other than an extension, may be given the name of an existing street in the City. (Ord. 208. Passed 6-7-61.)
1357.05 LOTS.
(a) Residential lots where public water and sewer are not provided shall be not less than 20,000 square feet in area nor less than 100 feet in width at the building line.
(b) Residential lots where either public water or public sewer, only one, are provided shall be not less than 12,500 square feet in area nor less than eighty feet in width at the building line.
(c) Residential lots having public water and public sewer shall be not less than 7,200 square feet in area nor less than sixty feet in width at the building line.
(d) The above minimum lot areas (20,000; 12,500; and 7,200 square feet) shall be increased in area by the following amounts where the average front to rear or side to side slope of the lot is in excess of twenty-five percent (25%) slope:
Square Feet | Increase By |
20,000 | 20% |
12,500 | 15% |
7,200 | 10% |
(e) Where lots are intended for the use of more than one family, the minimum lot area, including slope if applicable, shall be increased by 1,200 square feet for each family more than one. (Ord. 208. Passed 6-7-61.)
1357.06 BUILDING LINES.
The following minimum building lines are required in the following districts:
R-1 (ft.) | R-1A (ft.) | R-2 (ft.) | |
Front yards | 25 | 25 | 20 |
Side yards | 3 | 10 feet for 1-1/2 to 2 story buildings 15 feet for over 2 story buildings | 3 |
Rear yards | 30 | 30 | 30 |
(Ord. 208. Passed 6-7-61.)
1357.07 CORNER LOTS.
Street side yards of corner lots shall not be less than three required front yards on that street. (Ord. 208. Passed 6-7-61.)
1357.08 BLOCKS.
(a) Block lengths shall not exceed 1,600 feet nor be less than 500 feet.
(b) Blocks shall be at least two lots in depth except for reverse frontage.
(c) Exceptionally long blocks shall be provided with crosswalks with a minimum right of way reservation of twelve feet, with a four foot paved walk.
(Ord. 208. Passed 6-7-61.)
1357.09 UTILITY EASEMENTS.
Utility easements shall be a minimum of fifteen feet and placed at the side or rear of the lots. (Ord. 208. Passed 6-7-61.)
1357.10 SIDEWALKS AND CROSSWALKS.
Sidewalks and crosswalks, where required, shall be installed by the subdivider along public streets or where deemed necessary for public safety, as determined by Council.
(Ord. 208. Passed 6-7-61.)
1357.11 RESERVED AREAS.
Reserve strips surrounding the property or areas reserved for any purpose which shall make any area unprofitable for regular or special assessments will not be approved by the Planning Commission.
(Ord. 208. Passed 6-7-61.)
1359.01 STREETS, CURBS, BASE AND PAVING.
(a) Streets are to be graded to grades as established on preliminary plan and street profiles and as approved by the City Engineer.
(b) Cross drains shall be a minimum of fifteen inch reinforced concrete and shall be placed wherever necessary to transfer water across the road to a natural water course and at road intersections where needed.
(c) Curbing shall be either concrete, straight 8" x 24", 6" x 8" x 18" battered or a rolled bituminous as determined by the Planning Commission and Engineer. Type required shall depend on street width and grade of street.
(d) A base course shall be constructed in accordance with the specifications of the State Department of Highways for traffic bound base course (Section 2.15 Type B).
(e) Surface treatment shall be a double seal coat in conformance with Section 2.24 of the State Department of Highways specifications.
(f) Concrete pavement may be substituted for the above street types and shall be installed to the specifications of Council and City Engineer.
(Ord. 208. Passed 6-7-61.)
1359.02 SIDEWALKS.
Sidewalks shall be of Portland concrete four inches in thickness except at driveways where they shall be a minimum of six inches. Sidewalks shall be a minimum of four feet in width.
(Ord. 208. Passed 6-7-61.)
1359.03 STREET SIGNS.
Street name signs shall be installed at each street intersection in accordance with standards established by the City.
(Ord. 208. Passed 6-7-61.)
1359.04 SANITARY SEWERS.
(a) Installation of sanitary sewers shall be made in accordance with the regulations of the Sanitary Board or their authorized authority and shall be subject to inspections by same.
(b) Laterals shall be extended to the center of the street and trunk lines provided to connect into major trunk lines of the Municipal system where the Municipal trunk is not more than one thousand feet from the street connecting point of the subdivision.
(c) In areas where the Municipal system is planned, but not yet available, laterals shall be extended to the centerline of the street and connected to a trunk line extending to that edge of the subdivision closest to the street connecting point of the Municipal trunk. Such trunk shall then be capped until such time as the major trunk is available.
(d) House lines, laterals, trunks, manholes and other appurtenances shall be of such size, spacing, and grades as specified by the Municipal authority.
(e) Connection of roof drains or any storm water into sanitary sewers shall be prohibited.
(f) On-lot septic tanks and other private sewerage systems will be permitted in areas where a Municipal system is not now available or is not planned, or when no right of way can be secured by easement through adjoining property to a public sewer.
(g) Septic tanks and private sewerage systems shall be subject to approval and inspection by Council or their authorized agent.
(h) Plans for project sewerage systems shall be subject to approval by the State Health Department and inspected by the City Engineer before acceptance. New project sewerage systems, except complete treatment plans, shall be connected to Municipal sewerage system where it is available.
(i) All individual properties now using sanitary sewage facilities and all future properties requiring sanitary sewage facilities shall be connected to the Municipal sewerage system when and where it is available.
(Ord. 208. Passed 6-7-61.)
1359.05 STORM SEWERS.
(a) Storm sewers may be located in the center of the right of way or at the edge of the cartway or curb.
(b) Storm drains shall have a minimum diameter of fifteen inches and a minimum grade of one-half percent (0.50%).
(c) Manholes shall be spaced three hundred feet or less for pipes twenty-four inches and under; not more than four hundred fifty feet for pipes twenty-four inches and larger. When approved by the City Engineer, inlets may be substituted for manholes.
(d) Bridges and culverts shall be designed to support the expected loads, to carry expected flows, and be constructed the full width of the right of way, where deemed necessary by the Planning Commission.
(e) Drainage plans shall be submitted for approval with preliminary application.
(f) Inspection of storm drainage shall be made by the City Engineer.
(Ord. 208. Passed 6-7-61.)
1359.06 WATER SUPPLY.
(a) If public water is available or definitely planned for the area, then provisions shall be made for its immediate and eventual use.
(b) Individual wells or project wells for water supply shall be approved by the State Health Officer and a copy of the approval submitted to the Planning Commission.
(c) Inspection shall be by local agency or Health Officer.
(Ord. 208. Passed 6-7-61.)
1359.07 MONUMENTS.
Monuments shall be placed at all block corners, angle points, points of curves in streets, and intermediate points as determined by the City Engineer. Same shall be such size, length and material as approved by the Engineer.
(Ord. 208. Passed 6-7-61.)
1361.01 RECORDING; DEDICATION.
(a) Within thirty days after the date of approval of the final plat, the subdivider shall submit the plat to the City for recording. The City shall record the plat with County Clerk and the recording fee shall be paid by the subdivider. Approval shall not become final and effective until such certificate has been filed.
(b) After an approved subdivision plan shall have been officially recorded, the streets, parks, recreation areas, and other public improvements shown thereon shall be so considered to be a part of the official plan of the City.
(c) Streets, parks and other public improvements shown on a subdivision plan to be recorded may be offered for dedication to the City by formal notation thereof on the plan, or the owner may note on such plan that any improvements have not been offered for dedication to the City. (Ord. 208. Passed 6-7-61.)
1361.02 COMPLIANCE; MODIFICATION OF PLAN; BOND.
(a) Council shall not approve any subdivision plan except in conformance with the provisions of these Subdivision Regulations.
(b) Council may alter any subdivision plan, specify alterations, changes, or modifications therein which it deems necessary and may make its approval subject to such alterations, changes or modifications.
(c) No road, street, lane, way or related improvements shall be accepted as a part of the street system of the City or for maintenance unless opened, layed out, graded and improved in strict accordance with the standards and regulations of the City.
(d) The Planning Commission may approve a plat for a subdivision in which the improvements and installations have not been completed as required by this article for the approval of plats if the applicant provides a bond which shall:
(1) Run to the City.
(2) Be in an amount determined by the Commission to be sufficient to complete the improvements and installations in compliance with the Subdivision Regulations.
(3) Be with surety satisfactory to the Commission.
(4) Specify the time for the completion of the improvements and installations.
(e) Any funds received from these bonds shall be used by the legally constituted body charged with making public improvement for the City only for completion of the improvements and installations for which they were provided, and without prior appropriation. The City is authorized to make these improvements and installations.
(Ord. 208. Passed 6-7-61.)
CODIFIED ORDINANCES OF DUNBAR