As used in this chapter:
“Building line.” Means a line established by the Zoning Code (which may be included on a subdivision plat) defining the limits of the front yard in which no structure may be located.
“Commission.” Means the Planning Commission of the city.
“Comprehensive Plan.” Means a composite of the mapped and written proposals for the future development of the municipality, duly adopted by the Commission and/or Council, indicating its recommendations for the uses of private land, public open spaces and buildings and the general street system.
“Developer.” Means an individual, firm, association, corporation, trust or any other legal entity, including his or her or its agents, commencing proceedings under these regulations to effect a subdivision of land for himself or itself or for another.
“Drainage way.” Means the land required for construction of storm water sewers or drainage ditches, or required along a natural stream or watercourse.
“Easement.” Means a grant by a property owner of the use, for a specific purpose, of land by the general public, a corporation or another person.
“Final plat.” Means the final map of all or a portion of a subdivision and which, if approved, may be recorded.
“Gross floor area.” Means the floor area within the perimeter of the outside walls of the building, without deduction for hallways, stairs, closets, thickness of walls, columns or other features.
“Half-story.” Means the portion of a building between the top floor and a sloping roof, with at least two opposite exterior walls meeting the sloping roof not over four and one-half feet above that floor level.
“Lot” or “parcel.” Means a division of land separated from other divisions by description on a recorded subdivision plat or a recorded survey map or by metes and bounds, for purposes of sale, lease or separate use.
“Map.” Means a drawing showing geographic, topographic or other physical features of land.
“Park and Recreation Plan.” Means a map showing the location and size of existing and proposed parks, playgrounds and other open public grounds of the municipality, duly adopted by the Commission and/or Council and which may be part of the Comprehensive Plan.
“Pedestrian way.” Means a dedicated public right-of-way limited to pedestrian traffic.
“Plan.” Means a drawing of a proposed design or of work to be performed.
“Plat.” Means a map of a lot, tract or subdivision on which the lines of each element are shown by accurate distances and bearings.
“Preliminary plan.” Means a drawing for the purpose of study of a major subdivision and which, if approved, permits proceeding with the preparation of the final plat.
“Sketch plan.” Means a sketch for the purpose of study and approval of minor subdivisions.
“Story.” Means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that habitable portion of a building included between the upper surface of the topmost floor and ceiling or roof above.
“Story above grade.” Means any story having its finished floor surface entirely above grade, except that a basement shall be considered as a story above grade when the finished surface of the floor above the basement is:
(1) More than six feet above grade plane;
(2) More than six feet above the finished ground level for more than 50% of the total building perimeter; or
(3) More than 12 feet above the finished ground level at any point.
“Street.” Means an avenue, highway, road, thoroughfare, boulevard, parkway, alley or other way proposed for vehicular traffic, and any existing state, county, township or city street or way shown upon a plat heretofore duly approved, filed and recorded in the office of the County Recorder. Included is the land between the street right-of-way lines, whether improved or unimproved, which may comprise the pavement, shoulders, gutters, sidewalks, division strips or other areas within the street lines. Streets shall be classified as follows:
(1) “Limited-access highway (freeway).” Means a strip of public land devoted to movement of traffic but not providing access to the abutting properties.
(2) “Local street.” Means a street primarily for access to abutting residential properties and to serve local needs.
(3) “Major street” or “thoroughfare.” Means a street which is primarily for fast moving or heavy traffic between large or intensively developed districts.
(4) “Parkway.” Means a roadway running through a strip of public park land to which right of access may or may not be permitted.
(5) “Private street.” Means a strip of private land providing access to abutting properties. Private streets are prohibited.
(6) “Right-of-way.” Means a strip of land measured between property lines, dedicated for use by the public.
(a) “Roadway.” Means the portion of a street available for vehicular traffic, including parking lanes.
(b) “Tree lawn.” Means the portion of a street between the edge of the pavement or curb and the public sidewalk or property line.
(7) “Secondary street” or “collector street.” Means a street supplementary to and connecting major streets to local streets and to district centers.
“Subdivision.” Means a division of a parcel of land, shown as a unit or as contiguous units in the current records of the County Recorder, into two or more lots, parcels, sites or other divisions of land, any one of which is five acres or less, for the purpose, whether immediate or future, of transfer of ownership, including a division or allocation of land for the opening, widening or extension of any street, or as open spaces for common use, or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities in connection with the improvement of one or more parcels of land for a residential, commercial or industrial development, and including resubdivision and replatting and, where appropriate to the context, the process of subdividing or the land divided. However, a division of land into parcels of more than five acres for agricultural purposes not involving new streets or easements of access, or a division, sale or change of parcels between adjoining lot owners, where such exchange does not create additional building sites, shall not be considered a “subdivision”.
“Thoroughfare Plan.” Means a map showing the location and width of existing and proposed streets of the municipality, duly adopted by the Commission and/or Council and which may be part of the Comprehensive Plan.
(Ord. 16-63, passed 5-20-1963; Ord. 60-98, passed 4-6-1998; Ord. 04-2021, passed 2-1-2021)