For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Unless the context clearly indicates to the contrary, words used in present tense include the future tense; words used in the plural number include the singular; the word “herein” means in this chapter. A “person” includes a corporation, a partnership and an incorporated association of persons; “shall” is always mandatory; “used” or “occupied” as applied to any land or building shall be construed to include the words “intended, arranged, or designed to be used or occupied”.
ALLEY. A permanent public service way providing a secondary means of access to abutting lands, which is primarily used for vehicle access to the rear or sides of properties otherwise abutting on a street.
APPLICANT. The owner of land proposed to be subdivided or his or her documented agent or his or her documented legal representative.
BLOCK. Property abutting on one side of a street, and lying between the two nearest intersecting or intercepting streets, or between the nearest intersecting or intercepting street and railroad right-of-way, waterway, or other definite barrier.
BOARD. The Planning and Zoning Board of Daleville.
BUILDING COMMISSIONER. That person appointed by the Town Council responsible for the implementation and control of this chapter.
BUILDING SETBACK 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.
COMMISSION. The Daleville Planning and Zoning Board.
COMMON COUNCIL. The Common Council of the Daleville, Indiana.
CUL DE SAC (COURT OR DEAD END STREET). A short street having one end open to traffic and being permanently terminated by a vehicle turnaround.
DEPARTMENT. The Daleville Building Commissioner and staff should any staff be so appointed.
DIRECTOR. The Building Commissioner.
DITCH-OPEN. A relatively deep drainage channel, which may have a continuous water flow. Open ditches are outlets for both surface, subsurface or storm sewer drainage systems.
DITCH-LEGAL. Any drainage system over which the County Drainage Board has legal control.
DRAINAGE EASEMENT. The land required for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
DRAINAGE-SUBSURFACE. A system of pipes, tile, conduit or tubing installed beneath the ground surface used to collect underground water from individual parcels, lots, building footings or pavements.
DRAINAGE-SURFACE. A system by which the storm water runoff is conducted to an outlet. This would include the proper grading of parking lots, streets, driveways and yards so that storm runoff is removed without ponding and flows to a drainage swale, open ditch or a storm sewer.
DRAINAGE-SWALE. A natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses, used to conduct surface water from a field, diversion or other site feature.
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.
FINAL APPROVAL. The final approval of subdivision granted by the Town Council. This approval authorizes the owner to record the plat.
LOT. A parcel, tract, or area of land intended as a unit for transfer of ownership or for development, and accessible by means of a street or place. For residential uses as set forth in this subchapter, the lot shall abut upon a street or place at least 100% of the lot width prescribed for the district in which the lot is located. It may be a single parcel separately described in a deed or plat 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 or alley shall be included.
LOT AREA. The area contained within the property lines of the individual parcels of land as shown on a subdivision plan, excluding space within any street but including the area of any easement.
MASTER PLAN or COMPREHENSIVE PLAN. The complete plan or any of its parts for the development of the town prepared by Planning and Zoning Board accordance with I.C. Title 36, Article 7, and all acts of the General Assembly of the state, as is now or may hereafter be in effect.
MINOR SUBDIVISION. A division of land into four lots or less fronting upon an existing street and which does not require provision of any new streets, alleys or roads nor the extension of municipal facilities thereto; and further with respect to said division of land, the commission must determine that:
(1) The subdivision will not impede the normal and orderly development of improvements of the parcel or surrounding properties;
(2) Necessary and adequate utilities, drainage, and sanitary facilities have been or are being provided;
(3) Adequate measures will be taken to provide ingress and egress to the remainder of the parcel and surrounding properties; and
(4) The subdivision will not be detrimental to or endanger public health, safety or the general welfare.
PERSON. A corporation, firm partnership, association, organization or any group acting as a unit, as well as a natural person or persons.
PLACE. An open, unoccupied, officially designated space, other than a street or alley permanently reserved for use as a principal means of access to abutting property.
PLAT. A map or chart indicating the subdivision or re-subdivision of land platted or subdivided with lots or parcels of land intended to be filed for record. It may include all or any part of a previous subdivision or plat.
PLAT, FINAL. A drawing, in final form, showing the applicant’s plan of subdivision containing all information or detail required by these regulations to be presented to the Commission for approval, and which if approved, may be duly filed or recorded by the applicant in the Office of the County Recorder.
PLAT, PRELIMINARY. A tentative map and supporting information indicating the subdivision of land prepared in accordance with the requirements of this subchapter as a basis of consideration prior to the final plat.
PLAT REVIEW COMMITTEE. The advisory person or committee designated by the Planning and Zoning Board that will have the responsibility for reviewing a proposed subdivision application and providing a report to the Commission of its findings. The applicant is encouraged to meet with the person or committee prior to the submission of an application for primary approval of a plat of a subdivision. The committee members may be the Building Commissioner, an Engineer determined by the town, a member of the Planning and Zoning Board and other public officials as deemed necessary on a case by case basis.
PRIMARY APPROVAL. Approval granted by the Commission to a preliminary plat. The preliminary approval may include conditions, which will bring the plat into conformance with existing land use regulations or such terms as the parties and the town deem appropriate. All subsequent final plats of any or all sections of the preliminary plat shall be in substantial conformance with the preliminary plat. No primary approval shall be granted if it is determined that the proposed division violates this subchapter or completion of same is not in the best interests of the town.
RIGHT-OF-WAY. A strip of land appropriated for public use as a street, highway, driveway, alley or walkway or for any drainage or public utility purposes or other similar uses.
SECONDARY APPROVAL. The final approval granted to a subdivision by the Board of Zoning Appeals and confirmed by the Town Council.
STREETS. A right-of-way dedicated to public use other than an alley of place, which affords 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.
SUBDIVISION. The division of any parcel of land preceding transfer to other property owners into two or more parcels, sites, or lots, any one of which is less than five acres in area for any purpose, whether immediate or future, or transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall not be considered a subdivision; or the improvements of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division and allocation of and as streets or other open spaces for common use by owners, occupants or lease holders or as easement for the extension and maintenance of public sewer, water, storm drainage, or other public facilities.
TERRITORIAL JURISDICTION. For the purpose of this subchapter, territorial jurisdiction of the Planning and Zoning Board, Board of Zoning Appeals and Town Council shall include the land within the corporate limits of the town.
YARD. A space on the same lot with a principal building, open, unoccupied and unobstructed by structures, except as otherwise provided in this subchapter.
YARD, FRONT. A yard extending across the full width of the lot, occupied other than by steps, walks, terraces, driveways, lampposts and similar structures, the depth of which is the least distance between the front lot line and the building line.
YARD, REAR. A yard extending across the full width of the lot between the rear and the principal and the rear lot line occupied other than by accessory buildings which do not occupy more than 30% of the required space, and steps, walks, terraces, driveways, lampposts and similar structures, the depth of which is the least distance between the rear lot line and the rear of such principal building.
YARD, SIDE. A yard between the principal building and the side lot line, extending from the front yard or from the front lot line where no front line is required, to the rear yard. The width of the required side yard is measured horizontally, at 90° with the side lot line, from the nearest part of the principal building.
(Ord. 07-01, adopted 5-5-2007, updated 5- -2009, § 3.102)