The purpose of this Section is to allow for an alternative
administrative approval procedure to Large Parcel Property Divisions in the
Urban Growth Area for rural residential development. The clustering of
development parcels within the Urban Growth Areas on parcels that are at least
20 Acres but less than 40 Acres is intended to mitigate strain on
infrastructure and public services and to anticipate future development
patterns for the remainder of the property after annexation.
(1) A division of a parcel of land that is less than 40 acres in area, but at least 20 acres in area, and that is located in Service Areas 2-4, of Lawrence’s Urban Growth Area or in another City’s Urban Growth Area, may be approved according to the Cluster Development provisions of this Section.
Lands divided pursuant to this Section shall be developed as a Cluster Development and shall contain an Immediate Development Area and a Future Development Area in accordance with the following requirements.
(1) Immediate Development Area.
The Immediate Development Area of a Cluster Development shall not exceed 60% of the total acreage of the proposed development. Residential Development Parcels and the cross access easements serving these parcels shall be located only in the Immediate Development Area. Individual Residential Development Parcels shall only take access from the cross access easement and shall be laid out in a manner that minimizes adverse impacts to the Future Development Area. Development of the Immediate Development Area, to the greatest extent practicable, shall conform to the following requirements:
(i)
Minimum Parcel
Acreage. The minimum Residential Development Parcel
size shall be 3 acres.
(ii) Location of Residential Development Parcels. Within the Cluster Development, each Residential Development Parcel shall be designed and developed in accordance with the requirements in this sub-section:
a. Clustered to take access from Cross Access Easements to minimize access points to the adjacent public right(s)-of-way.
1.
Cross Access
Easements shall be
established by a separate legal instrument, acceptable to the County
Counselor legal counsel of the nearby city
and the easement shall be dedicated to the County filed at the
Register of Deeds as a restrictive covenant of the Cluster Development that
prohibits development of the Future Development Area until, upon annexation,
the Cross Access Easement is dedicated to the annexing city as public road
right of way.
2.
The
Cross Access Easements shall be written so that, upon annexation by a city, the
cross access easement shall be deemed to in acceptable form and
dimensions to be dedicated to the City as public road right(s)-of-way, to allow for
construction of Street within the Cross Access Easements to meet the then
current city Street standards.
b. Planned and laid out to allow for future subdivision of the Residential Development Parcels into platted lots at an urban density commensurate with the zoning and subdivision regulations of the annexing city.
(iii) Utility – Water. All Residential Development Parcels shall obtain Publicly Treated Water delivered through a water meter.
(iv) Access to Future Development Area. All Residential Development Parcels shall have direct physical access to the Future Development Area, either by being contiguous thereto or by a dedicated pedestrian easement, as set forth in Section 20-810(f)(4).
(v) Utility – Wastewater. All Residential Development Parcels shall have an On-Site Sewage Management System approved by the Director of Lawrence/Douglas County Health Department or a connection to a wastewater disposal system approved by the Kansas Department of Health and Environment.
(vi) County Health Code Restriction in Floodplain. On-Site Sewage Management Systems shall be located outside the FEMA designated regulatory floodplain.
(vii) Building Envelopes. The Immediate Development Area shall not contain any lands identified as worthy for Resource Preservation in Section 20-810(j). The buildable area for each Residential Development Parcel within the Immediate Development Area shall be defined by Building Envelopes.
(viii) Access. When the Cluster Development is located within the Lawrence Urban Growth Area or in the Urban Growth Area of another city, the development shall have direct access to a road that meets or exceeds the County’s Rock Road Standard. One access shall be allowed for the entire development unless a separate access point is necessary to allow access to the Future Development Area to prevent intrusion or damage to the resources being conserved and protected.
(ix) Steep Slopes. The Building Envelopes of Residential Development Parcels shall not contain any slopes greater than 15%.
(x) Minimum Road Right(s)-of-way. If the Cluster Development is located adjacent to public road right-of-way that does not meet the minimum width standards of Section 20-810(d)(4), approval of the application for division pursuant to this Section 20-804 shall be subject to a condition that the Subdivider dedicate, by separate instrument to the County, ½ the additional land necessary to bring the road(s) adjoining the Cluster Development to the required right-of-way standard based on the road’s classification established in the County’s Access Management Standards. All necessary dedications shall be by separate instrument, satisfactory to the County Counselor, and filed with the Register of Deeds. No final action may be taken on the Certificate of Survey until this additional road right-of-way has been dedicated.
(xi) Minimum Frontage and Entrance Spacing Requirements. The Cluster Development must meet the minimum frontage and entrance spacing requirements established in the County’s Access Management Standards. The Frontage and Entrance Spacing Requirements are based on the classification of the road upon which the cross access easement is proposed to take access.
(xii) Drainage Easements. If any portion of the Residential Development Parcel lies in a FEMA designated regulatory floodplain, or if drainage Channels or Swales exist on the Residential Development Parcel that carry runoff from adjacent property or public Street/Roads, the FEMA designated regulatory floodplain or drainage Channel or Swale shall be protected by grant of an Easement, or other similar device, evidenced by separate legal instrument, as may be required by the Planning Director and acceptable to the County Counselor.
(xiii) Restrictive Covenants. Property in the Immediate Development Area shall be subject to a restrictive covenant as set forth in sub-section 20-804(d).
(2) Future Development Area.
The Future Development Area shall meet the requirements set forth in this sub-section:
(i) Minimum Requirement. A minimum of 40% of the total Cluster Development shall be designated as Future Development Area.
(ii) Conservation of Natural Resources. Land that is or contains the resources identified in Section 20-810(j), to the greatest extent reasonably practicable, shall be conserved and protected through the filing with the Register of Deeds of either a Temporary Set Aside Agreement or a permanent Conservation Easement.
The Immediate Development Area and Future Development Area each shall be restricted by a separate instrument, satisfactory to the County Counselor, which shall:
(1) Incorporate by reference and have attached as an exhibit the Build Out Plan;
(2) Require future division of the Residential Development Parcels to conform to the Build Out Plan, subject to the requirements of this Article;
(3) For the Immediate Development Area, limit each Residential Development Parcel to one principal dwelling and accessory buildings until annexation into a city and municipal water and sanitary sewer service are extended to the property;
(4) For the Future Development Area, any further division for development purpose is prohibited until annexation or until an amended Certificate of Survey is approved and filed with the Register of Deeds;
(5) Restrict the location of structures within the Immediate Development Area to Building Envelopes that have been created to allow for the future subdivision of the Immediate Development Area into lots of an urban density that avoids interference with planned future Street/Roads, easements and setbacks;
(6) Be binding upon the owner and all of its successors and assigns, and shall constitute a covenant running with the land, expiring at the time the subject property is annexed by a city; and
(7) Be in a recordable form and be recorded with the Register of Deeds.
(1) Written notice of the proposed division for rural residential purposes shall be mailed to the Owner of record of all property within ¼ mile of the subject property. The notice shall be sent by the applicant by regular mail, postage pre-paid. The mailing addresses for property owners within the ¼ mile notification area shall be obtained from the Douglas County Clerk. The applicant shall submit a Certificate of Mailing, obtained from the US Post Office, at the time of submission of the Certificate of Survey application. A Certificate of Survey application shall be considered incomplete without an executed Certificate of Mailing. The notice shall provide:
(i) A brief description of the location of the property proposed for division;
(ii) The projected date a Certificate of Survey application will be submitted to the Lawrence/Douglas County Planning Office;
(iii) A contact telephone number and address for the property owner proposing the division for rural residential purposes; and,
(iv) The letter shall include the following Statement and information:
Notice of Proposal to divide land located at [road address or general description such as; ½ mile north of the intersection of x road and y road, on the east side] for rural residential development purposes.
This letter is being sent to the Owner of property adjoining and within ¼ mile of the boundaries of the property proposed for division for rural residential (Cluster) development. The purpose of this letter is to provide general information to the recipient and/or owner of property of a proposed or potential change in land use.
(2) Additional divisions or development of the Immediate Development Area shall be made in accordance with Section 20-810.
(3) After annexation, divisions or development of any portion of the Future Development Area not subject to a Conservation Easement shall be made in accordance with the Subdivision Regulations of the applicable city.
Any person having legal or equitable interest in property that meets the criteria required by this Section may file, with the Planning Director, an application for a division of land in conformance with this Section. The completed application must: satisfy the requirements of Section 20-802; be submitted with an approved application form supplied by the Planning Department; and, shall be accompanied by:
(1) The applicable review and recording fees;
(5) A Build Out Plan illustrating the following with respect to both the Immediate Development Area and Future Development Area:
(6) One original and 3 copies of a Certificate of Survey that complies with the requirements of Section 20-807, and,
(7) An executed annexation agreement allowing annexation by the city that’s Urban Growth Area the development is located within based on the adopted annexation policies of that city.
The Planning Director shall review all applications for Cluster Developments pursuant to this Section in accordance with the Certificate of Survey administrative review procedures set forth in Section 20-807.
(2) Upon Annexation, development of the Future Development Area shall occur in accordance with the Build Out Plan. If, however, the appropriate city’s plans or regulations for the area covered by the Build Out Plan recommend a different type of land use or scale of development, the property shall be platted to conform to the city’s current plans and regulations.
(3) Upon annexation, all divisions of land in the Immediate Development Area or Future Development Area shall be made in accordance with Section 20-809, Major Subdivisions for the City of Lawrence, or in accordance with the applicable procedures set forth in the annexing city’s Subdivision Regulations.
(1) Where the conditions imposed by the provisions of these regulations are either more restrictive or less 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.
(2) 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.
(3) 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 of adoption of these regulations.
(4) The provisions of these regulations are cumulative and are additional limitations upon all other laws and ordinances heretofore passed or which may be passed hereafter governing any subject matter in the provisions of these regulations.
(1) Words used in this Article have the standard dictionary definition unless they are defined in this section. Words defined in this section shall have the specific meaning assigned, unless the context expressly indicates another meaning.
(2) Words or terms that are specifically defined in the Subdivision Regulations are distinguished by being in Title Case an in Blue Text in the original code document.
Term |
Definition |
|
|
Abut |
To physically touch or border upon; or to share a common property line.
|
|
|
Acceleration Lane |
An added Roadway lane which permits integration and merging of slower moving vehicles into the main vehicular stream.
|
|
|
Access Control |
Access Control is the limitation of public access rights to and from properties Abutting Streets or highways. Access Control is used on Arterial Streets and higher functional classes of Streets to preserve traffic service levels and safety.
|
|
|
Access Easement |
An easement created for the purpose of providing vehicular or pedestrian access to a property
|
|
|
Adequate Assurances |
A written and executed agreement or contract supplemented by one of the means of ensuring completion of public improvements set forth in Section 20-811(h)(2).
|
|
|
Agency |
For floodplain management purposes, means the Federal Emergency Management Agency (FEMA).
|
|
|
Agricultural Purposes |
A purpose that is directly related to the agricultural activity on the land which shall include: (a) the cultivation and tillage of the soil; (b) dairying; (c) the production, cultivation, growing or harvesting of any agricultural or horticultural commodity; (d) the raising or training of livestock, bees, fur-bearing animals, or poultry; or (e) any practices performed by a farmer or on a farm, incident to or in connection with such farming operations. The term "agriculture purpose" does not mean the processing for sale or handling for sale a commodity or product grown or produced by a person other than the farmer or the farmer's employees. In all cases, an agricultural purpose does not include a structure used as a residential dwelling or an On-Site Sewage Management System.
|
|
|
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.
|
|
|
Appeal |
For floodplain management purposes, means a request for the review of the Floodplain Administrator’s interpretation of any provision of the Flood Protection Standards or a request for a variance.
|
|
|
Applicant |
A Person submitting an application for approval.
|
|
|
Areas of Special Flood Hazard |
Is the land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year.
|
|
|
Base Flood |
A flood having a 1% chance of being equaled or exceeded in any given year. See “Regulatory Flood”.
|
|
|
Base Flood Elevation |
Water surface elevation of the base flood as determined by the Flood Insurance Study or by an approved Hydrologic and Hydraulic Study, whichever is higher. |
|
|
Basement |
Any area of the structure having its floor sub-grade (below ground level) on all sides.
|
|
|
Benchmark |
Surveying mark made in some object which is permanently fixed in the ground, showing the height of that point in relation to National Geodetic Vertical Datum (NGVD) and City or County Datum.
|
|
|
Block |
A parcel of land entirely surrounded by public Streets, highways, railroad rights-of-way, public walks, parks or green strips, or drainage Channels or a combination thereof.
|
|
|
Bore Hole or Soil Boring |
Soil test(s) conducted by drilling or auguring a hole through the native soil and logging the descriptions of the soil stratification, characteristics, moisture content, presence of Groundwater, and other relevant observations in accordance with the Unified Soil Classification System, USDA’s Soil Textural Triangle, or other professional soil description system as approved by the applicable local health department.
|
|
|
Boulevard |
A tree-line roadway or a multi-lane street with a landscaped median.
|
|
|
Boundary Line Adjustment |
A change in the boundary between adjoining lands that does not create an additional building site and that, when completed, will result in tracts of land or Lots that comply with the Lot design standards of Section 20- 801(a)(2) and with the Zoning District regulations that apply to the subject property.
|
|
|
Boundary Line Street (or Road) |
A Street or road that forms a part of the boundary line of a City.
|
|
|
Build Out Plan |
A future subdivision layout that has been planned and engineered based on the subdivision regulations of the city that is closest to the unplatted rural residential development. The build out plan shall identify eventual lots based on the typical residential lot size within the nearby city, the bundling of these “city-sized” residential lots for immediate development as rural Residential Development Parcels with the building envelope shown for this immediate development, which is outside the future Street rights-of-way and public easement locations based on the future subdivision layout.
|
|
|
Buildable Lot |
A lot for which a building permit can be obtained. Property that is designated as a “Tract” of land is not a buildable lot.
|
|
|
Building, Principal |
A building in which is conducted the Principal Use of the building site on which the building is situated. In A-1 (Suburban Home Residential) and R-1 (Single-Family Residential), or in any residential District in Lawrence, any Dwelling shall be deemed to be the Principal Building on the lot, parcel or division on which the Dwelling is located.
|
|
|
Building Envelope |
The buildable area of a Lot or a Residential Development Parcel defined by the minimum required setbacks of the applicable Zoning Regulations and excluding lands identified in Section 20-810(j).
|
|
|
Catch Basin |
An inlet designed to intercept and redirect surface waters. |
|
|
Certificate of Survey |
A legal instrument approved pursuant to Section 20-807; this is a narrowly used term and this instrument shall not be considered a “Plat” or a ‘Subdivision” as defined herein.
|
|
|
Channel |
A watercourse with a definite bed and banks which confine and conduct the normal continuous or intermittent flow of water.
|
|
|
Channelization |
(1) The straightening and deepening of Channels and/or the surfacing thereof to permit water to move rapidly and/or directly; (2) A traffic control device which forces vehicles into certain traffic flows or turning movements.
|
|
|
Circle |
A Street naming suffix designating a Street with a single common Ingress and Egress (Cul-de-sac). The “Circle” suffix is used as a part of a Street name when the Cul-de-sac is a logical extension or continuation of a Street e.g., 14th Circle.
|
|
|
City Engineer |
The person designated by the City Manager as the City Engineer. If no person has been so designated, then this term shall refer to the head of the City Public Works Department. If no person has been designated to fill either such position, then this term shall refer to the head of the department or operating unit primarily responsible for the maintenance of City Streets.
|
|
|
Cluster Subdivision |
A form of Development for single-family detached dwelling residential Subdivisions that permits a reduction in Lot area and bulk requirements, provided that there is no increase in the number of Lots that would be permitted under a conventional Subdivision and the resultant land area is devoted to open space. The clustering design technique concentrates buildings in specific areas on the site to allow the remaining land to be set aside for recreation, meaningful Common Open Space and preservation of environmentally and geographically sensitive areas or historical features.
|
|
|
Comprehensive Plan |
The Comprehensive Plan for the city or county, 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.
|
|
|
Community |
Any State or area or political subdivision thereof, which has authority to adopt and enforce floodplain management regulations for the areas within its jurisdiction.
|
|
|
Conservation Easement |
See “Easement, Conservation”
|
|
|
County’s Access Management Standards |
Access and minimum frontage standards in the Douglas County Code, Chapter IX, Article 5.
|
|
|
County Engineer |
The person designated by the County Administrator or Board of County Commissioners as the County Engineer. If no person has been so designated, then this term shall refer to the head of the County Public Works Department. If no person has been designated to fill either such position, then this term shall refer to the head of the department or operating unit primarily responsible for the maintenance of County roads and infrastructure.
|
|
|
County’s Rock Road Standard |
Standards as delineated in Chapter IX, Section 203 of the Douglas County Code.
|
|
|
Court |
A Street naming suffix designating a Street with a single common Ingress and Egress (Cul-de-sac). The “Court” suffix is used as a part of a Street name when the Cul-de-sac emanates from a Street at a near right angle, e.g., 14th Court.
|
|
|
Cross Access Easement |
See “Easement, Cross Access”
|
|
|
Crosswalk |
A strip of land dedicated for public use which is established across a Block for the purpose of providing pedestrian access to adjacent areas.
|
|
|
Cul-de-sac |
A Street that has one outlet and is permanently terminated by a vehicle turn-around at the other end. This is a sub-category of Streets with a single outlet.
|
|
|
Culvert |
A drain, ditch or conduit not incorporated in a closed system, which carries drainage water under a Driveway, Roadway, railroad, pedestrian walk or public way.
|
|
|
Curb Cut |
The opening along the curb line at which point vehicles may enter or leave a Roadway.
|
|
|
Curb Return |
The connecting link between the Street curb and the ramp (Driveway) curb.
|
|
|
Datum, City |
A reference point from which heights or depths are calculated within the City of Lawrence. All reference marks using City Datum shall also denote NGVD elevation.
|
|
|
Deceleration Lane |
An added Roadway lane that permits cars to slow down and leave the main vehicle stream.
|
|
|
Dedication |
Gift or donation of property by the Owner to a governmental unit. The transfer is conveyed by a Plat or a written separate instrument. The act of dedicating is completed with a formal acceptance by the Governing Body.
|
|
|
Design Standards, Subdivision |
All requirements and regulations relating to design and layout of Subdivisions contained in Section 20-810.
|
|
|
Detention Pond |
A storage facility for the temporary storage of stormwater runoff. The stormwater may be released to downstream facilities at a designed rate of flow.
|
|
|
Developer |
The legal or beneficial Owner or Owners of a Lot or of land proposed to be subdivided including the holder of an option or contract to purchase, or other Person having enforceable proprietary interests in the land.
|
|
|
Development |
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, levees, levee systems, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.
|
|
|
Double Frontage Lot |
A Lot with two opposite Lot Lines Abutting upon Streets which are substantially parallel.
|
|
|
Douglas County Zoning & Codes Director |
The director of the Douglas County Zoning and Codes Department or such Person’s designee with primary responsibility for enforcement and administration of the Zoning and Building Code Regulations of Douglas County. |
|
|
Drainage System |
Pipe, Waterways natural features and man-made Improvements designed to carry drainage.
|
|
|
Drive |
A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure. Also referred to as a driveway.
|
|
|
Driveway |
A privately owned means of providing direct vehicle access to Streets.
|
|
|
Driveway Apron or Driveway Approach |
A paved area between the sidewalk and the street curb used by the property owner for vehicular access.
|
|
|
Driveway, Joint-Use |
A privately owned Driveway that provides access to 2 or more Lots in a commercial or industrial Development, such as in a shopping center (with out Lots) or a business or industrial park.
|
|
|
Dwelling |
A building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, trailer or Mobile Home.
|
|
|
Easement |
A grant of one or more of the property rights by the property Owner to and/or for the use by the public, a corporation or another Person or entity.
|
|
|
Easement, Avigational |
An air rights Easement which protects air lanes around airports.
|
|
|
Easement, Conservation |
A non-possessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic or open-space values of real property, assuring its availability for agricultural, forest, recreational or open-space use, protecting natural resources, maintaining or enhancing air or water quality or preserving the historical, architectural, archaeological or cultural aspects of real property. In case of any conflict between this definition and K.S.A. 58-3810, as it may be amended from time to time, the amended statute shall control and shall be used in the construction and interpretation of this Development Code.
|
|
|
Easement, Cross Access |
An easement between two or more adjacent parcels creating rights to utilize a service drive providing vehicular Access among those parcels so the driver need not enter the public Street system, except at a limited access point. When established as part of a Cluster Development in Lawrence’s UGA, the service drive constructed within the Cross Access Easement shall be constructed, at a minimum, to meet the county’s rock road standard, and the minimum width of traveled-way plus shoulder shall be 20 feet. |
|
|
Easement, Drainage |
An Easement required for the installation of stormwater sewers or , Waterways and/or required for the preservation or maintenance of a natural stream or water course or other drainage facility.
|
|
|
Easement, Private |
A right-of-way granted for limited use of land for a private purpose.
|
|
|
Effective Date |
December 31, 2006, the date Joint Ordinance No. 8064/ Resolution No. 06-41 took effect.
|
|
|
Egress |
An exit.
|
|
|
“Eligible Community” or “Participating Community” |
A community for which the Administrator has authorized the sale of flood insurance under the National Flood Insurance Program (NFIP).
|
|
|
Encroachment |
Any obstruction in a delineated Floodway, right-of-way, Easement, building setback or adjacent land.
|
|
|
Encumber |
To place a legal claim or restriction upon a tract or parcel of land.
|
|
|
Engineer |
A professional Engineer licensed by the State of Kansas or licensed to practice in the State of Kansas.
|
|
|
Exception |
Permission to depart from or request relief from the design standards. Exceptions often refer to standards such as: length of cul-de-sac, location and type of improvements, or landscaping requirements. They are dictated by the circumstances related to the specific application that makes the design requirements for which the exception is requested unnecessary or unreasonable.
|
|
|
Existing Construction |
Structures for which the “start of construction” commenced before the effective date of the FIRM (March 2, 1981); “existing construction” may also be referred to as “existing structures”.
|
|
|
Existing Mobile Home Park |
A mobile home park or subdivision for which the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including, at a minimum, the installation of utilities, the construction of Streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
|
|
|
Final Plat |
A map of a land Subdivision prepared in a form suitable for filing of record with necessary affidavits, Dedications, restrictions, and acceptances, and with complete bearings and dimensions of all lines defining Lots and Blocks, Streets, Alleys, public areas and other dimensions of land.
|
|
|
Fire Hydrant |
An outdoor water supply outlet with wrench-actuated value and a connection for a fire hose.
|
|
|
Flag Lot |
City meaning: A lot not fronting or abutting a public right-of-way except for a narrow strip of land providing access to the lot from the public right-of-way. County Meaning: A lot or a Residential Development Parcel that has a minimum lot or Residential Development Parcel width of less than 90% of the minimum lot or Residential Development Parcel’s required frontage at the road right-of-way or road easement line.
|
|
|
"Flood" or "Flooding" |
Means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland waters; (2) the unusual and rapid accumulation or runoff of surface waters from any source; and (3) the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined above in item (1).
|
|
|
Flood Insurance Rate Map (FIRM) |
An official map of a community, on which the Administrator has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
|
|
|
Flood Insurance Study (FIS) |
An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
|
|
|
Floodplain |
The land area inundated by a flood of a given magnitude as determined by the Flood Insurance Study or Governing Body based on an approved Hydrologic and Hydraulic Study.
|
|
|
Floodplain or Floodplain District |
That area designated by the Governing Body as susceptible to Flooding including but not limited to the Regulatory Floodplain designated by the Federal Insurance Administrator.
|
|
|
Floodplain Management |
The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works, and floodplain management regulations.
|
|
|
Floodplain Management Regulations |
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. |
|
|
Floodproofing |
Any combination of structural and nonstructural additions, changes, or adjustments to structures that reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, or structures and their contents.
|
|
|
"Floodway" or "Regulatory Floodway" |
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
|
|
|
Floodway Encroachment Lines |
The lines marking the limits of floodways on Federal, State and local floodplain maps. |
|
|
Floodway Fringe |
The area outside the floodway encroachment lines, but still subject to inundation by the regulatory flood.
|
|
|
Force Main |
A sanitary sewer line through which waste water is pumped rather than carried by gravity flow.
|
|
|
Freeboard |
A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as bridge openings and the hydrological effect of urbanization of the watershed.
|
|
|
Frontage Road |
A “Street, Marginal Access. located in front of the properties that it abuts.
|
|
|
Frontage |
The boundary of a Lot or Residential Development Parcel that Abuts a Street or a Road.
|
|
|
Full Maintenance Road |
A road in the Unincorporated Area of the County that receives maintenance on a regular basis in accordance with its road classification and traffic counts.
|
|
|
Governing Body |
The respective City Commission or City Council within the incorporated limits of the City of Lawrence, Baldwin City, Eudora, or Lecompton and the Board of County Commissioners within the Unincorporated Area of Douglas County.
|
|
|
Grading |
The act of excavation or filling or a combination of both or any leveling to a smooth horizontal or sloping surface on a property, but not including normal cultivation associated with an agricultural operation. For grading in FEMA designated floodplains the definition in the Floodplain Management Regulations shall take precedence.
|
|
|
Groundwater |
Any subsurface water in the zone of saturation, including but not limited to spring water, perched Water Tables, seasonal Water Tables and aquifers.
|
|
|
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.
|
|
|
Hard Surfaced Road |
A properly constructed and maintained road surface with asphaltic concrete, Portland cement concrete or with chip sealed aggregate base.
|
|
|
Highest Adjacent Grade |
The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
|
|
|
Historic Landmark |
Any structure that is (a) listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) individually listed on the Register of Historic Kansas Places; or (d) individually listed the Lawrence Register of Historic Places. |
|
|
Home Owners Association |
A Community association, other than a condominium association, which is organized in a Development in which individual Owners share common interests in open space or facilities. The Home Owners Association usually holds title to Reserves, manages and maintains the common property, and enforces certain covenants and restrictions. Condominium associations differ from Home Owners Associations in that condominium associations do not have title to the common property.
|
|
|
Hydrologic and Hydraulic Study |
An engineering study that is done in accordance with the Lawrence Development Code 20-1204 (c).
|
|
|
Improvements |
All facilities constructed or erected by a Subdivider to permit and facilitate the use of Lots and Blocks for residential, institutional, business or manufacturing purpose. Improvements shall include all facilities listed in Section 20-810(j).
|
|
|
Infrastructure |
Facilities and services needed to sustain manufacturing, residential, commercial and all other land uses or activities under the control of a governmental agency. Infrastructure includes water lines, sewer lines, and other utilities, streets and roads, communications, and public facilities, such as fire stations, parks, schools, and other similar type uses.
|
|
|
Ingress |
An entrance.
|
|
|
Intersection |
Where two or more Streets cross at-grade.
|
|
|
Land Combination |
The combination of a vested division of land in the unincorporated area with additional acreage to increase the overall acreage of an individual residential parcel. A Land Combination does not increase the number of building permits a parcel of land has a vested right to receive.
|
|
|
Land Disturbance |
Any activity involving the clearing, cutting, excavating, filling, or grading of land or any other activity that alters land topography or vegetative cover.
|
|
|
Land Surveyor |
One who is licensed by the State of Kansas as a land surveyor and is qualified to make accurate field measurements and to mark, describe, and define land boundaries.
|
|
|
Lot |
A designated parcel or area of land established by Plat or Subdivision to be used, transferred, developed or built upon as a unit.
|
|
|
Lot Depth |
The distance between the midpoint of the front Lot Line and the mid-point of the rear Lot Line.
|
|
|
Lot Line, “or Residential Development Parcel Line” |
The perimeter of a Lot or a Residential Development Parcel.
|
|
|
Lot Width, “or Residential Development Parcel Width” |
The distance between the side Lot Lines of a Lot, or the side lines of a Residential Development Parcel at the required front Setback Line.
|
|
|
Lot, Frontage “or Residential Development Parcel Frontage” |
That portion of the Lot or a Residential Development Parcel which lies between the side Lot Lines and is adjacent to the Street or Road serving the Lot or the Residential Development Parcel.
|
|
|
Lot of Record |
A legally created Lot recorded at the Register of Deeds as part of a plat or subdivision.
|
|
|
Lowest Floor |
The lowest floor of the lowest enclosed area, including a Basement; an unfinished or flood-resistant enclosure, usable solely for parking of vehicles, Building access, or storage, in an area other than a Basement area, is not considered a Building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable floodproofing design requirements of the Flood Protection Standards.
|
|
|
Major Thoroughfares Map(s) |
A plan adopted by the Planning Commission and the Governing Body(ies) identifying and classifying the major Streets and roads in the community. The Major Thoroughfares Plan in effect on the date of adoption of this Article is incorporated in “Transportation 2020, the Lawrence/Douglas County Long Range Transportation Plan”, but it may be amended or superseded from time to time.
|
|
|
Market Value |
An estimate of what is fair, economic, just and equitable value under normal local market conditions.
|
|
|
Mean Sea Level |
For purposes of the National Flood Insurance Program (NFIP), the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map (FIRM) are referenced.
|
|
|
Metes And Bounds |
A method of describing the boundaries of land by directions and distances from a known point of reference.
|
|
|
Minimum Elevation of Building Opening |
The minimum elevation above sea level at which a building located in the floodplain may have a door, window, or other opening.
|
|
|
Minor Subdivision |
See “Subdivision, Minor”
|
|
|
Mobile Home |
A structure, transportable in one or more sections, that is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "mobile home" does not include a "recreational vehicle.”
|
|
|
Mobile Home Subdivision or Park |
A parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale.
|
|
|
Minimum Elevation for Building |
The finished floor elevation of the lowest floor. |
|
|
Neighborhood Development Plan |
See “Sector Plan” |
|
|
New Construction |
For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM (March 2, 1981) and includes any subsequent improvements to such structures; for floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of the floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.
|
|
|
Off-Site Improvements
|
Improvements located on property outside the perimeter of the Subdivision that are determined by the Planning Commission to be necessary because of the proposed Subdivision, e.g., construction of Streets, signalization of Intersections, drainage Channels, extension of public utilities, etc.
|
|
|
On-site Sewage Management System |
An individual Sewage disposal system involving a water tight receptacle that receives the discharge of Sewage from a building and is designed and constructed to permit settling of solids from this liquid, digestion of the organic matter (sludge), and discharge of the liquid portion into an underground lateral disposal area. The sludge is pumped out of the tanks, usually by commercial FIRMs, at regular intervals. On-Site Sewage Management Systems are used for domestic wastes when a sanitary sewer line is not available to carry the wastes to a wastewater treatment plant. Approval of a site for use of a On-site sewage management system involves establishing a minimum Lot area to provide for the system’s operation, determining that the soil has an acceptable Percolation rate and ensuring separation of the system from Groundwater.
|
|
|
On-Site |
Located within the perimeter of the property that is subject to an application for Subdivision or a Residential Development Parcel approval.
|
|
|
Open Space, Common |
Land within or related to a Development, not individually owned or dedicated for use, which is designed and intended for the common use or enjoyment of the residents of the Development and may include such complementary Structures and Improvements as are necessary and appropriate. Common Open Space is Platted as a reserve and is owned and maintained by a Home Owners Association.
|
|
|
Original Townsite Area |
The original Townsite of the City of Lawrence, as shown on the “Original Townsite Map” available for public inspection from the Planning Director.
|
|
|
Outlet, Single |
A single connection between the Street or road system in a particular Subdivision or other development and the Street system shown on the Major Thoroughfare Map; a cul-de-sac is a sub-category of Streets with single outlets, but a loop road or more complex system within a development may also have access to the Street system through a Single Outlet.
|
|
|
Overlay District |
A special zoning district that has been “overlaid” on a base zoning classification to alter some or all the base district zoning regulations. |
|
|
Owner |
Any Person or Persons, Firm or Firms, corporation or corporations, or any other legal entity having legal title to land being subdivided under these regulations. Also any legal entity having legal title to land for which a building permit application is made.
|
|
|
Package Plant |
A prefabricated or pre-built wastewater treatment plant.
|
|
|
Parcel |
A contiguous area of land under the same ownership. This is an inclusive term that includes Lot, Residential Development Parcel and other terms. Unlike “Lot,” the term “Parcel” or “Residential Development Parcel” does not mean a division of land created through a plat or Subdivision process.
|
|
|
Parent Parcel |
The recorded and legally defined parcel of land from which one or two further divisions can be made for the purpose of conveying a Residentially Development Parcel within the unincorporated area of the County, outside the Lawrence Urban Growth Area or other Cities’ Urban Growth Areas, to an individual.
|
|
|
Parkway |
A Street that includes a landscaped median. A parkway may run in any direction.
|
|
|
Participating Community |
Also known as an "eligible community," means a community in which the Administrator has authorized the sale of flood insurance.
|
|
|
Peak Hour Traffic |
The largest number of vehicles passing over a designated section of a Street during the busiest one-hour period during a 24-hour period.
|
|
|
Pedestrian Right-of-Way Easement |
A strip of land dedicated for public use which is Reserved across a Block for the purpose of providing pedestrian access to adjacent areas.
|
|
|
Pedestrian Way |
A public walk dedicated entirely through a block, from street to street, or providing access to a school, park, recreation area, or shopping center.
|
|
|
Percolation Test |
A test designed to determine the ability of ground to absorb water and used in determining the suitability of a soil for drainage or for the use of a septic system.
|
|
|
Percolation |
Downward flow or infiltration of water through the pores or spaces of rock or soil.
|
|
|
Person |
Any individual or group of individuals, corporation, partnership, association, or any other entity, including Federal, State, and local governments and agencies.
|
|
|
Petition, Public Improvement |
A legal instrument which serves as the basis for initiation of a public improvement project by the Governing Body. A Public Improvement Petition is frequently used during the Platting process to guarantee the construction of certain Improvements that are required as conditions of Plat approval, such as Street paving, sidewalks, water and sewer lines, and stormwater and drainage Improvements. |
|
|
Planning Area |
The area considered in the development of a comprehensive plan for cities in Douglas County. |
|
|
Planning Commission |
The Lawrence/Douglas County Metropolitan Planning Commission.
|
|
|
Planning Director |
The Lawrence/Douglas County Metropolitan Planning Director. |
|
|
Plat |
A Subdivision as it is represented as a formal document by drawing and writing and which is presented to the Planning Commission for review and approval in accordance with these Subdivision Regulations and to the Governing Body for the acceptance of Easements and Dedications.
|
|
|
Platting Binder |
A report issued by a title insurance company setting forth the conditions to be met for certain property to be Platted, e.g., Easements filed for record, mortgages, fee title Owners, etc.
|
|
|
Potable Water |
Water suitable for drinking or cooking purposes.
|
|
|
Preliminary Plat |
A map of proposed land Subdivision showing the character and proposed layout of the tract in sufficient detail to indicate its’ suitability for the proposed Subdivision.
|
|
|
Principal Building |
See ‘Building, Principal’.
|
|
|
Principal Use |
The primary purpose, for which land or a Structure is utilized, based in part on the amount of Floor Area devoted to each identifiable use. The main use of the land or Structures as distinguished from a secondary or Accessory Use.
|
|
|
Principally Above Ground |
At least 51% of the actual cash value of the structure, less land value, is above ground.
|
|
|
Private Drive |
A use Platted for a Reserve in order to provide access to Lots from either a public or Private Street system. A Reserve for Private Drive purposes is the means to access Lots within a comprehensive group Development for townhouses or apartment units or for commercial complexes and office park Developments A new Private Drive may be established under this Article only in a Planned Development. |
|
|
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 purposes.
|
|
|
Public Utility Facilities |
Telephone, electric and cable television lines, poles, equipment and Structures; water lines, holding towers or gas pipes, mains, valves or Structures; sewer pipes, valves or Structures; Pumping Stations; telephone exchanges and repeater stations; and all other facilities, equipment and Structures necessary for conducting a service by a government or a public utility.
|
|
|
Public Water Supply |
A system for delivery to the public of piped water for human consumption that has at least 10 service connections or regularly serves at least 25 individuals daily at least 60 days out of the year. This term includes any source, treatment, storage, or distribution facilities used in connection with the system.
|
|
|
Publicly Treated Water |
Water supplied for domestic purposes by a municipality or by a Rural Water District and approved by the Kansas State Department of Health. |
|
|
Pumping Station |
A pumping facility that transports waste water between two gravity flow sewer lines. A Pumping Station is used when topographic conditions do not allow a continuous gravity flow system.
|
|
|
Raw Sewage |
Untreated domestic or commercial wastewater.
|
|
|
Recreational Vehicle |
A vehicle which is (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projections; (c) designed to be self-propelled or permanently able to be towed by a light-duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick- disconnect type utilities and security devices, and has no permanently attached additions.
|
|
|
Regulatory Flood |
The Flood determined by the Federal Insurance Administration as having a 1% chance of being equaled or exceeded in any given year.
|
|
|
Regulatory Flood Elevation |
The elevation at which the Regulatory Flood is determined to occur.
|
|
|
Regulatory Floodplain |
Land included within the Regulatory Floodway and Floodway Fringe areas as determined by the Federal Insurance Administration.
|
|
|
Replat |
Same as “Resubdivision”.
|
|
|
Reserve |
An area of property within a Subdivision which is Platted for specific uses, e.g., open space, landscaping, entry monuments, recreational facilities, utilities and drainage, Floodway, Private Street, etc. Typically, future Ownership and maintenance responsibilities for a Reserve is set forth by a Restrictive Covenant which provides that a Home Owners or Lot Owners association will hold title to the Reserve and therefore be responsible for the Reserve’s maintenance. The Restrictive Covenant may provide for Ownership and maintenance to be tied to the Ownership of an adjacent Lot. Ownership and maintenance is not assigned to an individual, partnership or corporation except in the case of a Reserve platted for possible future sales to a public body for a public facility].
|
|
|
Residential Development Parcel |
A parcel created by the division of a Parent Parcel for the purpose of construction of one single-family residential dwelling unit and permitted accessory uses, buildings and structures.
|
|
|
Restrictive Covenant |
A restriction on the use of land traditionally set forth in a deed. Restrictions are also placed of record by separate instruments including Home Owners association agreements. The Restrictive Covenant usually runs with the land.
|
|
|
Resubdivision |
The further Subdivision of a tract of land which has previously been lawfully subdivided and for which a Plat of such prior Subdivision has been duly recorded.
|
|
|
Road or Roads |
Same as “Street” or “Streets”. |
|
|
Road, Stub |
A short section of public Road or Road Easement dedicated to provide future access to an adjacent unplatted tract of property.
|
|
|
Roadway |
The paved or improved area of a Street right-of-way, exclusive of sidewalks, Driveways, or related uses.
|
|
|
Rural Area |
All of the Unincorporated Area of Douglas County lying outside of an Urban Growth Area.
|
|
|
Sanitary Sewers |
Pipes that carry only domestic, industrial or commercial Sewage and into which storm, surface and ground waters are not intentionally admitted.
|
|
|
Sector Plans |
Plans that encompass one or more sections of land with the purpose being to use geographic and demographic information to develop a detailed land use vision of future development or redevelopment of a study area.
|
|
|
Setback Line (Front) or Building Line |
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.
|
|
|
Setback Line |
That line that is the required minimum distance from the Street right- of-way line or any other Lot Line that establishes the area within which the principal Structure must be erected or placed.
|
|
|
Sewage Lagoon |
A shallow, artificial pond where sunlight, bacterial action and oxygen interact to restore waste water to a reasonable state of purity.
|
|
|
Sewage |
The total of organic waste and waste water generated by residential, industrial and commercial establishments.
|
|
|
Sewerage |
(1) All effluent carried by sewers whether it is sanitary Sewage, industrial waste or storm water runoff; (2) The entire system of Sewage collection, treatment and disposal.
|
|
|
Slope |
Degree of deviation of a surface from the horizontal; measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run), and the second is the vertical distance (rise), as two to one. A two to one slope is a 50% slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a 90° slope being vertical (maximum) and 45° being a 1:1 or 100% slope.
|
|
|
Staff |
The technical and professional Staff of the Lawrence/Douglas County Metropolitan Area Planning Director.
|
|
|
Start of Construction |
Includes substantial-improvements, and means the date the Building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvements were within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, any work beyond the stage of excavation, or the placement of a mobile home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, the installation of Streets and/or walkways, excavation for a Basement, footings, piers, foundations, the erection of temporary forms, nor installation on the property of accessory structures, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial-improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a Building, whether or not that alteration affects the external dimensions of the Building. |
|
|
State Coordinating Agency |
The Division of Water Resources, Kansas Department of Agriculture, or other office designated by the governor of the State or by State Statute at the request of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP) in that State.
|
|
|
Stormwater Detention |
Any storm drainage technique that retards or detains runoff, such as a detention or retention basin.
|
|
|
Street or Streets |
Any vehicular way(s) which: (1) is an existing state, county or municipal Roadway; or (2) is shown upon a Plat approved pursuant to law; or (3) is approved by other official action. The Street right-of-way is all land located between the Street lines, whether improved or unimproved.
|
|
|
Street Width |
The amount of Street right-of-way Abutting a Lot’s property lines.
|
|
|
Street, Arterial |
Arterial Streets are the highest level of Street classification, generally providing for longer distance trips with relatively high traffic volumes and high speeds for the context. Principal arterials permit traffic flow through the urban area and between major destinations. Minor arterials collect and distribute traffic from principal arterials and expressway to Streets of lower classification, and, in some cases, allow traffic to directly access destinations.
|
|
|
Street, Collector |
A collector Street provides for land access and traffic circulation within and between residential neighborhoods and commercial and industrial areas. They distribute traffic movements from these areas to the arterial Streets. Collectors do not typically accommodate long through trips and are not continuous for long distances.
|
|
|
Street, Cul-de-sac |
A Street having only one outlet and being permanently terminated by a vehicle Turnaround at the other end.
|
|
|
Street, Dead-End |
A Street having only one outlet and which does not benefit from a Turnaround at its end.
|
|
|
Street, Expressway |
Any divided Street or highway with no access from Abutting property and which has either separated or at-grade access from other public Streets and highways.
|
|
|
Street, Freeway |
Any divided Street or highway with complete Access Control and grade separated interchanges with all other public Streets and highways. |
|
|
Street, Limited Local |
A Local Street providing access to not more than eight Abutting single- family residential Lots.
|
|
|
Street, Local |
Local Streets provide direct access to adjacent land uses. Direct access from a local Street to an arterial Street should be discouraged.
|
|
|
Street, Marginal Access |
A Street that is generally parallel and adjacent to an Arterial Street or other limited-access Street and that is designated to provide direct access to adjacent property. Marginal Access Streets are commonly known as “Frontage Roads”.
|
|
|
Street, Private |
A Street that is not dedicated for public use. Not permitted in the unincorporated area of the County and only permitted within Planned Developments in the City of Lawrence.
|
|
|
Street, Residential |
Same as “Local Street”.
|
|
|
Street, Residential Collector (or Residential Connector) |
Residential collector is a special category of collector street characterized by lower speeds & the residential nature of land uses along the corridor. Bicycle & pedestrian facilities are strongly recommended for residential collectors. Various traffic-calming treatments may be used to reduce travel speeds. Residential collector streets with adjacent residential land uses should be limited to two lanes. These streets can serve as a connector street between local streets and the thoroughfare system.
|
|
|
Structure |
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a mobile home. "Structure" for insurance purposes, means a walled and roofed building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a mobile home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.
|
|
|
Street, Stub |
A short section of Street right-of-way Platted to provide future access to an adjacent unplatted tract of property.
|
|
|
Subdivider |
The Owner, or any other Person, FIRM or corporation, authorized by the Owner, undertaking proceedings under the provisions of these regulations for the purpose of subdividing and platting land.
|
|
|
Subdivision (Plat) |
The division of a Lot, tract or parcel of land into two or more parts for the purpose, whether immediate or future, of sale or building Development, including Resubdivision, but not including a “Certificate of Survey” Administrative Procedure as is separately defined.
|
|
|
Subdivision, Major |
A Subdivision that includes 5 or more lots. [See section 20-809].
|
|
|
Subdivision, Minor |
A Subdivision that satisfies one of the criteria set forth in section 20-808.
|
|
|
Subdivision Regulations |
For the City of Lawrence, Article 8 in Chapter 20 of the City Code, as adopted and amended from time to time by Ordinance adopted by the City Commission. For Douglas County, Chapter 11 in the County Code, as adopted and amended from time to time by Resolution adopted by the Board of County Commissioners.
|
|
|
Substantial- Damage |
Damage of any origin sustained by a structure whereby the cost of restoring the structure to pre-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
|
|
|
Substantial- Improvement |
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before "start of construction" of the improvement. This term includes structures, which have incurred "substantial-damage”, regardless of the actual repair work performed. The term does not, however, include either (1) any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications that have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure.” |
|
|
Surveyor |
A professional Land Surveyor licensed by the State of Kansas.
|
|
|
Swale |
A shallow ditch lined with grass or other vegetation for the purpose of carrying stormwater from one location to another and filtering sediments and other pollutants from stormwater runoff.
|
|
|
Temporary Set Aside Agreement |
An agreement relating to land located within the Urban Growth Area that contains the resources identified in Section 20-810(j) that, as reasonably practicable, requires the retention of the environmental, geographical, or historical characteristics of the land and prohibits any use or activity that will significantly impair, interfere with, or destroy these characteristics. A Temporary Set Aside Agreement shall: (i) be between the Owner of the land and the County and City, (ii) provide that the County has regulatory authority under the agreement until the land is annexed into the City and, thereafter, the City acquires regulatory authority, (iii) provide that the agreement expires 2 years after the date of annexation unless further action is taken by the City and the Owner, and (iv) be approved by the County Counselor, the City Manager, or their designees. |
|
|
Terracing |
An erosion control method that uses small hills and contours on the land surface to control Flooding and runoff.
|
|
|
Topography |
The configuration of a surface area showing National Geodetic Vertical Datum (NGVD).
|
|
|
Tract |
A non-buildable, platted parcel reserved for open space, storm drainage or easement purposes or an otherwise specific and restricted use.
|
|
|
Traffic Calming Device |
Physical traffic control or intervention measures designed to reduce the negative effects of motor vehicle use, alter driver behavior and improve conditions for non-motorized Street users. |
|
|
Turn-around |
An area at the closed end of a Street with a single common Ingress and Egress within which vehicles may reverse their direction.
|
|
|
Unnecessary Hardship |
The condition resulting from application of these regulations when viewing the property in its environment that is so unreasonable as to become an arbitrary and capricious interference with the basic right of private property ownership, or convincing proof exists that it is impossible to use the property for a conforming use, or sufficient factors exist to constitute a hardship that would in effect deprive the owner of their property without compensation. Mere financial loss or the loss of a potential financial advantage does not constitute unnecessary hardship.
|
|
|
Unincorporated Area |
That portion of Douglas County lying outside any incorporated municipality.
|
|
|
Urban |
An area generally characterized by medium and higher density residential development (i.e., 3 or more dwelling units per acre), commercial development, and industrial development, as well as the availability of public services required for that development, specifically a municipal water and sewer, an extensive network of streets, public transit and other such services (such as municipal fire protection or senior services). Development not providing such services may be considered non-urban or rural.
|
|
|
Urban Density |
A residential density that resembles the built and developed density of the city for which an Urban Growth Area was projected and adopted. [See definition of “Urban”.]
|
|
|
Urban Growth Area – Lawrence |
That area designated as the Lawrence Urban Growth Area (UGA) on the most recent (adopted) version of the Comprehensive Plan. The Comprehensive Plan, Horizon 2020, distinguishes four service areas within the UGA based on the city’s adopted Wastewater Master Plan and projected ability to provide sanitary sewer service to those areas. Solely for the purpose of interpretation of the exemption section of these regulations, a property shall be considered to be located within the Urban Growth Area of Lawrence (UGA) if 100% of the tract or Ownership parcel as shown on the 1998 Property Ownership Map, Douglas County (which was prepared by York Publications in 1998) is within the UGA boundary shown on Figure 9 in HORIZON 2020. An Ownership tract or parcel having less than 100% of its land area within the UGA as shown on Figure 9 shall not be construed to be within the Urban Growth Area of Lawrence.
|
|
|
Urban Growth Area – [other cities in the County] |
The area defined by a city’s master plan as land that will be annexed into the city within the land use planning period to accommodate the future growth and development of neighborhoods, businesses and industries by the extension of city infrastructure and services.
|
|
|
Variance |
Permission to depart from the Design Standards of the regulations when the application of a specific standard is so unreasonable that it would prevent the logical subdivision of the property.
|
|
|
Waiver |
Permission to depart from the requirements of an ordinance or Resolution with respect to the submission of required documents. Note: The terms “”waiver” and “exception” are often used interchangeably, however there are differences. Refer to ‘Exception’ for its meaning.
|
|
|
Water Surface Elevation |
The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplain.
|
|
|
Water Table |
The upper surface of Groundwater, or that level below which the soil is seasonally saturated with water.
|
|
|
Waterway |
Any natural or artificial stream, river, creek, ditch, Channel, canal, conduit, Culvert, drain, Waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite Channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or Flood water.
|
|
|
Wetlands |
Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.
|
|
|
Woodlands |
Natural hardwood forests, whether or not actively forested.
|
|
|
Zone A |
Special flood hazard areas inundated by 100-year flood where no base flood elevations have been determined.
|
|
|
Zone AE |
Special flood hazard areas inundated by 100-year flood where base flood elevations have been determined.
|
|
|
Zone AH |
Special flood hazard areas inundated by 100-year flood with flood depths of 1 to 3 feet (usually areas of ponding), where base flood elevations have been determined.
|
|
|
Zone AO |
Special flood hazard areas inundated by 100-year flood with flood depths of 1 to 3 feet (usually sheet flow on sloping terrain), where average depths have been determined. For areas of alluvial fan flooding velocities have also been determined.
|
|
|
Zoning Regulations |
The rest of Chapter 20 of the City Code or the current Zoning Regulations in effect in Douglas County, as adopted from time to time by resolution of the Board of County Commissioners.
|
|