For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A permanent public service way providing a secondary means of access to abutting lands.
BLOCK. A unit of property bounded by streets, or by street or railroad rights-of-way, waterways or other barriers.
BLOCK FRONTAGE. Property abutting on one side op a street, and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, waterway or other barrier.
BUILDING SETBACK LINE - BUILDING LINE. The line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of buildings and structures and the front lot line.
COMMISSION. The Arcadia Town Plan Commission.
COVENANT. An agreement between buyer and seller of a piece of property specifying what may or may not be done with the subject property.
CROSS WALKWAY. A strip of land dedicated to public use, which is reserved across a block to provide pedestrian access to adjacent areas.
CUL-DE-SAC (COURT OR DEAD END STREET). A short residential street having one end open to traffic and being permanently terminated by a vehicle turn-around.
DEVELOP. To make a development; also to do any grading or filling of land, whether undeveloped or already subdivided, so as to change the drainage or the flow of water, or to do any work upon the land that is capable of future use as a subdivision or development of building sites.
DEVELOPER or SUBDIVIDER. Any person engaged in developing or improving a lot or group of lots or structures thereon for use or occupancy.
EASEMENT. A grant by the property owner of the use of a strip of land by the public, a corporation or persons for specified purposes.
HEALTH OFFICER. Any officer of authority, Sewage or Water Plant Superintendent, County Health Department and State Department of Health.
JURISDICTION OF THE COMMISSION. The territory in which the Plan Commission has statutory authority to adopt a master plan and specifically consisting of the following areas:
(1) The town of Arcadia; and
(2) The contiguous unincorporated territory surrounding the town, delineated on a map entitled “Arcadia, Indiana, Jurisdictional Area, 1974” and filed with the Recorder of the county.
LEASE. To rent to permit the possession or use of right of possession or use for consideration of a lot, parcel, tract, land or group of lots, parcels, tracts or lands.
LOT. A parcel, tract, tract or area of land accessible by means of a street, and for residential uses, abutting upon a street for at least 50% of the lot width prescribed by Ch. 156 of this code of ordinances for the district in which the lot is located. It may be a single parcel separately described in a deed which is recorded in the office of the County Recorder; or it may be a single parcel separately described in a survey which is recorded in the office of the County Recorder; or it may include a parcel contained in a plat or subdivision of land which is recorded in the office of the County Recorder; or it may include parts of, or a combination of, such parcels when adjacent to one another and used as one. In determining lot area and boundary lines, no part thereof within the limits of a street, either existing or proposed, shall be included.
LOT, DOUBLE FRONTAGE. A lot, other than a corner lot, which fronts on two streets.
MAJOR STREETS AND HIGHWAYS PLAN or THOROUGHFARE PLAN. The part of the Master Plan, now or hereafter adopted which includes a plan for major streets and highways and sets forth the location, alignment, dimensions, streets, rights-of-way and other thoroughfares.
MARGINAL ACCESS STREET. A road which parallels a major arterial street, providing access from abutting property and separated from the highway by a common dividing strip.
MASTER PLAN. The complete plan, or any of its parts, for the development of the town and jurisdictional area, prepared by the Commission and adopted in accordance with Ch. 174, Acts of 1947, General Assembly of Indiana, as is now or may hereafter be in effect.
NO ACCESS EASEMENT. Public easement along a public right-of-way across which the access to the property is not permitted.
OFFICIAL THOROUGHFARE PLAN. The part of the Master Plan, now or hereafter adopted, which includes a major street and highway plan and sets forth the location, alignment, dimensions, identification and classification of existing and proposed streets, highways and other thoroughfares.
OWNER. Any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PARCEL. An ownership, lot plat or part of an ownership, lot or plot.
PERFORMANCE BOND or SURETY BOND. A personal or corporate surety agreement between a subdivider and such surety in favor of a governmental body guaranteeing the completion of physical improvements according to plan and specifications within the time prescribed by the subdivider’s agreement.
PERFORMANCE GUARANTEE. Any guarantee which may be accepted in lieu of a requirement that certain improvements be made before the Commission approves the record plat, including by way of illustrating, but not limiting, performance bonds, escrow agreements, deposit agreements, and other similar collateral or surety arrangements approved as valid and enforceable by the Commission.
PERSON. A corporation, firm, partnership, association, organization 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 for use as the principal means of access to abutting property.
PLAT. A map or chart indicating the subdivision or resubdivision of land, intended to be filed for record.
PROVISIONAL PLAT. The map and supporting information indicating the proposed layout of the subdivision which is presented to the Commission for consideration and approval in accordance with these regulations. Also, OVERALL PROVISIONAL PLAT.
REPLAT. A subdivision or plat, the site of which has heretofore been platted or subdivided with lots or parcels of land. It may include all or any part of a previous subdivision or plat.
RECORD PLAT. A drawing, in final form, showing the subdivider’s plan of subdivision containing all information or detail required by law and by these regulations to be presented to the Plan Commission for approval, and which is approved, may be duly filed or recorded by the applicant in the office of the County Recorder.
STREET or THOROUGHFARE. A right-of-way, other than an alley, or place 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. A STREET may also be identified according to type of use, as follows.
(1) STREET, ARTERIAL. A street designated for large volumes of traffic movement. Certain ARTERIAL STREETS should be classified as limited access highways to which entrances and exits are provided only at controlled intersections and access is denied to abutting properties.
(2) STREET, FEEDER OR COLLECTOR. A street planned to facilitate the collection of traffic from residential streets, and to provide circulation within the neighborhood areas and convenient ways for traffic to reach arterial streets.
(3) STREET, RESIDENTIAL. A street designated primarily to provide access to abutting properties, usually residential, certain residential streets parallel to arterial streets, which provide access to abutting property and ways for traffic to reach access points on arterial streets.
STREET (OR ALLEY) IMPROVEMENT.
(1) The construction or a street or alley to its full thickness, commencing at the subgrade according to the specifications contained in this chapter.
(2) The placing of a new surface over an existing paved or closed surface street or alley shall not be considered as an improvement, but as maintenance.
STREET WIDTH. The shortest distance between the lines which delineate the right-of-way of a street.
SUBDIVIDER. Any person or persons, firm or corporation engaged in developing or improving a tract of land which complies with the definition of a subdivision, as defined in this chapter.
SUBDIVISION. The division of any parcel of land, separately described in a deed on record in the office of the County Recorder, into two or more contiguous parcels, sites or lots fronting on an existing street and each of which comprises less than five acres, for the purpose of immediate or future transfer of ownership, but which do not front on an existing street, such interior lots shall be considered as parts of the subdivision even though they may exceed five acres in area; for the improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the subdivision and allocation of land as streets or other open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public utilities and facilities. (See the figure in § 155.055 of this chapter.)
TOWN. The Town of Arcadia, Indiana.
ZONING ORDINANCE. The part of the Master Plan, now or hereafter adopted, which includes an ordinance and zone map which divides the jurisdiction of the Commission into districts, with regulations and requirements and procedures for the establishment of land use controls.
(Ord. passed 10-19-1977)