For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning. Other terms shall have the meanings ascribed to them in § 153.006. If there should be a conflict between terms defined in § 153.006 and this section, this section shall control.
ADMINISTRATOR, ZONING. The officer designated and authorized by the Plan Commission to enforce the zoning requirements.
ALLEY. A permanent public service-way, dedicated to public use, other than a street, place, road, crosswalk, or easement, designed to provide a secondary means of access for the special accommodation of abutting property.
AUDITOR, COUNTY. The Auditor of the county.
BOARD. The Board of Zoning Appeals of the county.
BLOCK. A unit of property entirely surrounded by the public highways, streets, railroad rights-of-way, waterways, tract boundary line, or other barriers, or combination thereof.
BUILDING SETBACK LINE or BUILDING LINE. The line nearest the front or side of and across a lot establishing the minimum yard to be provided between the principal building or structure and the lot line.
COMMISSIONERS. The Board of County Commissioners of the county.
COUNTY. The County of Adams, Indiana.
CROSSWALK. A strip of land dedicated to public use, which is reserved through a block to provide pedestrian access to adjacent areas.
CUL-DE-SAC (COURT). A short street having one end open to traffic and being permanently terminated by a vehicle turnaround.
DEAD END STREET. A street having one of its ends closed with no provision for a vehicle turnaround.
DESIGN COMMITTEE. The committee appointed by the Plan Commission to provide for review of plats and allowable replats on behalf of the Plan Commission when appointed in compliance with I.C. 36-7-4-701(e). It is intended that the DESIGN COMMITTEE operate as, and be commensurate with, a plat committee permitted under I.C. 36-7-4-701.
DESIGNATED OFFICIAL. The person or persons designated by the Plan Commission to certify primary approval and sign the plat certifying secondary approval (President, Vice President, or Executive Secretary (Director) of the Plan Commission).
DRAINAGE RIGHT-OF-WAY. The lands required for the installation of stormwater sewers or drainage ditches, where required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein.
EASEMENT. A grant by the property owner of the use of a strip of land by the public or a person for specified purposes.
LOT. A parcel of land of specific form and dimension, defined by a metes and bounds description or boundary lines in a recorded deed, or situated within a legally recorded plat, and designated by number or letter, for convenience and accuracy, in legal conveyance of the title thereto.
LOT, CORNER. A lot abutting two or more streets at their intersection, where the interior angle of intersection does not exceed 135 degrees.
LOT, FRONT. The part of a lot adjacent to and parallel with the street. The front of a corner lot shall be determined, at the time of application for the improvement location permit, by either the owner, builder, developer or their agent, and the Zoning Administrator. Once the FRONT is determined, the structure shall then be erected in conformity with the zoning ordinance and this subchapter.
LOT, INTERIOR. Any lot other than a corner lot, including a through lot.
LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets.
LOT WIDTH. The lineal measurement of the building setback line on the affected lot.
MAINTENANCE GUARANTEE. Any security which may be accepted that guarantees certain improvements constructed under conditions set forth by the Plan Commission shall, at the time they are accepted for public maintenance, be in such condition as to require no additional work beyond normal upkeep.
MASTER PLAN. The Comprehensive Plan, or any of its parts, serving as a guide for development of the county prepared by or for the Plan Commission and adopted by the Commissioners, in accordance with the authority conferred by I.C. 36-7-4 and all acts amendatory thereto, as is now or may hereafter be in effect.
ORDINANCE. The County Zoning and Land Use Ordinance, including these subdivision provisions, and all amendments thereto.
PERFORMANCE GUARANTEE. Any security which may be accepted in lieu of a requirement that certain improvements be made before the Plan Commission or Commissioners’ approval becomes effective, said security shall be filed with the Auditor prior to the release of the drawings of a final plat; including performance bonds, escrow agreements, and other similar collateral or surety agreements.
PERSON. A corporation, firm, partnership, association, organization, limited liability company, or any other group acting as a unit, as well as a natural person.
PLACE. An open, unoccupied, officially designated space, other than a street or alley, permanently reserved as the principal means of access to abutting property.
PLAT. The map or drawings of all or a portion of a parcel of land which is being or is proposed to be subdivided for the purpose, whether immediate or future, of transfer of ownership subsequent to the adoption of this subchapter.
PLAT OFFICER. The officer designated and authorized by the Plan Commission to enforce this subchapter. The Executive Secretary (Director) of the Plan Commission.
PLAT, PRIMARY. The drawings, maps, and documents indicating the proposed layout of the subdivision which is submitted to the Plan Commission for consideration and tentative approval.
PLAT, SECONDARY. The final map or drawings of all or a portion of the subdivision which is presented to the Plan Commission for secondary approval in accordance with this subchapter, and which, if approved, shall be filed with the County Recorder for the purpose of recordation and taxation prior to the transfer of ownership of any parcel, tract, or lot as approved.
ROAD SETBACK LINE. The line established by a county road setback resolution along certain designated public roads.
SKETCH PLAN. A freehand pencil drawing showing, with reasonable accuracy, the proposed locations of streets and lots within the proposed subdivision.
STREET. A right-of-way, other than an alley, dedicated or otherwise legally established to the public use, usually affording the principal means of access to abutting property. A STREET may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive, or other appropriate name. The arterial thoroughfares and primary and secondary streets are designated on a map developed and maintained by the Plat Officer in consultation with the County Highway Department. For the purpose of this report, STREETS shall be classified as follows:
(1) ARTERIAL THOROUGHFARES. These facilities serve to move traffic on state and U.S. marked routes, as well as some county roads and important intra-city streets. Where a highway is a non-limited access route, these facilities also perform a secondary function of providing direct access to abutting land and thus interconnect principal traffic generators.
(2) PRIMARY (MAJOR) ROUTES. These facilities serve to connect cities with each other, as well as to link smaller towns or settlements with the arterial thoroughfares system. PRIMARY ROUTES provide access to abutting land and generally serve all principal traffic generators.
(3) SECONDARY (CONNECTOR) ROADS. These facilities serve intra-city movements of traffic, such as that moving between a subdivision and major street. The principal difference between the connector road and streets or roads of higher classification is the length of trip each principally serves. They are intended to supply the abutting property with the same degree of land service as the local street, while at the same time serving larger volumes of traffic.
(4) LOCAL (RESIDENTIAL) STREETS. The sole function of these streets is to provide access to the immediately adjacent property. LOCAL ACCESS STREETS are intended to carry low volumes of traffic.
(5) MARGINAL ACCESS STREET. A street designated to connect not more than two streets and which normally parallels an arterial thoroughfare, or a primary or secondary street, and is not separated from the said thoroughfare or street by a lot or a tier of lots, and which is specifically so designated and approved as such on the plat of the subdivision.
SUBDIVIDER. Any person, or his or her agent, engaged in developing or improving a tract of land which complies with the definition of a subdivision as defined in this section. This term is synonymous with DEVELOPER or APPLICANT in this subchapter.
SUBDIVISION. The division of a parcel of land. All SUBDIVISIONS shall be classified as either a simple subdivision, exempt subdivision, minor subdivision, or major subdivision.
(1) SIMPLE SUBDIVISION. The sale or exchange of parcels or parts thereof, between adjoining lot owners where the sale or exchange shall not create additional building sites (an example of a SIMPLE SUBDIVISION might be adjoining landowners exchanging land in order to correct or straighten property lines but the resulting parcel cannot create a new building site because of lack of area, appropriate setbacks and the like). A SIMPLE SUBDIVISION shall be reviewed and approved by the Plat Officer. Any SIMPLE SUBDIVISION shall be depicted on a survey from a licensed state surveyor, and properly sealed.
(2) EXEMPT SUBDIVISION.
(a) A court ordered partition of land, or the conveyance of parcel(s) of land to one or both parties to a divorce proceeding where a court order provides for the disposition of marital assets. Any lot or parcel so created that does not conform to the subdivision or lot area requirements and restrictions of this subchapter shall not be eligible for further subdivision under the minor subdivision process. Any lot or parcel so created that does not conform to the lot area or dimensional requirements may not be eligible for an improvement location permit without a development standards variance granted by the Board of Zoning Appeals.
(b) The conveyance or division of land pursuant to a distribution of land to a devisee, legatee, or other heir pursuant to a last will and testament or intestate proceeding. Any lot or parcel so created that does not conform to the subdivision or lot area requirements and restrictions of this subchapter shall not be eligible for further subdivision under the minor subdivision process. Any lot or parcel so created that does not conform to the lot area or dimensional requirements may not be eligible for an improvement location permit without a development standards variance granted by the Board of Zoning Appeals.
(c) The sale or exchange of a parcel of land by contract, if the contract was executed prior to December 1, 1996.
(d) The division of a parcel of land by federal, state, or local government, or other entity with the powers of eminent domain, to acquire land for public purposes (an example would be the acquisition of land for a road project).
(2) MINOR SUBDIVISION. The division of a parcel that has not already been subdivided as a minor or major subdivision into three or fewer lots provided the requirements of § 153.155 are met.
(3) MAJOR SUBDIVISION. The division of a root parcel into any number of lots, provided the requirements of § 153.156 are met.
YARD. A space on the same lot with a building, which is open, unoccupied, and unobstructed by structures, except as provided in the Zoning Ordinance.
ZONING ORDINANCE. The County Land Use Ordinance, now or hereafter adopted, which divides the area within the county into districts, with regulations and requirements and procedures for the establishment of land use controls.
(Ord. 2020-13, passed 11-10-2020)