For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A minor public way, primarily for vehicular access to the rear or side of properties otherwise abutting on a street.
BLOCK. An area of land within a subdivision which is entirely bounded by streets, highways, railways or waterways, or the exterior boundaries of the subdivision.
BOARD OF PUBLIC WORKS. The Board of Public Works and Safety of the city.
BUILDING SETBACK LINES (FRONT YARD SETBACK). A line on a plat between which line and the adjacent street line, buildings or structures may not be erected.
COMMISSION. The City Plan Commission.
DISPOSITION. A contract of sale resulting in the transfer of equitable title to an interest in subdivided land; an option to purchase an interest in subdivided land; a lease or an assignment of an interest in subdivided land; or any other conveyance of an interest in subdivided land.
DWELLING UNIT OR UNITS. A place of residence that may be located in either a single or multiple dwelling unit building.
EASEMENTS. Areas other than streets and alleys which are reserved, conveyed or dedicated for specialized or limited purposes.
EVIDENCE. Any map, table, chart, contract or any other document of testimony prepared or certified by a qualified person to attest to a specific claim or condition which evidence must be relevant and competent and must support the position maintained by the subdivider.
FLOOD or FLOODWATER. The water of any watercourse which is above the banks or outside the channel and banks of such watercourse.
FLOOD HAZARD AREA. Any floodplain, floodway or floodway-fringe district, or any combination thereof as shown on the zoning map of the city; provided, such area, for purpose of participation in the National Flood Insurance Program under the Federal Insurance Administration only, shall include any area designated as a flood hazard area on the most current Federal Insurance Administration Flood Hazard Boundary Map, as revised from time to time, in addition to area otherwise designated as a flood hazard area by Ch. 150 of this code of ordinances.
FRONT YARD SETBACK. A line on a plat between which line and the adjacent street line, buildings or structures may not be erected.
IMPROVEMENT PLAN. A map, engineering drawing, text or other supporting materials detailing the improvements required or proposed for a subdivision and showing how these will be constructed or provided.
LOT. A parcel of portion of land separated from other parcels or portions by description as on a subdivision or record of survey map or by metes and bounds for purpose of sale, lease, separate use or building development.
MASTER PLAN. A complete plan or any part of such plan for the development of the city as prepared and adopted by the City Plan Commission.
NECESSARY LAND. The land to be dedicated for school or park purposes shall mean that amount of suitable acreage which is required by the Commission or Board of Public Works in connection with the formulas and standards provided in this chapter.
PLAT. A map and supporting materials of certain described land, prepared in accordance with the subdivision regulations as an instrument for recording of real estate interests with the County Recorder.
PRIMARY PLAT. The map or maps of a proposed subdivision and specific supporting materials, drawn and submitted in accordance with the requirements of this chapter to permit the evaluation of the proposal prior to detailed engineering and design.
PUBLIC HEARING or HEARING. A hearing, held by the Plan Commission, pursuant to notice stating the matter to be heard, the time and place of the hearing, published in a newspaper of general circulation in the city, unless otherwise designated by statute, at least seven days prior to the date set for the hearing, for the purpose of affording the public an opportunity to be heard with regard to such matter. In the event that any applicable statute specifies a different manner of notice or is otherwise in conflict, the requirements of the statute shall control and shall be followed in lieu of these notice requirements.
SKETCH PLAN. A drawing of a proposed subdivision, drawn and submitted in accordance with the requirements of § 154.050 of this chapter in order for the Plan Commission to evaluate the design characteristics and feasibility of a proposed subdivision at an early state in the planning.
STREET. A public thoroughfare which affords principal means of vehicular access to abutting property whether indicated as a street, highway, thoroughfare, drive, parkway, expressway, road, avenue, boulevard, land or otherwise.
SUBDIVIDER or DEVELOPER. Any person, firm, partnership, joint venture, association or corporation who shall participate as owner, promoter, developer or sales agent, in the planning, platting, development, promotion, sale or lease of a subdivision.
SUBDIVISION or SUBDIVIDED LAND. Any parcel of land in the city or its official planning jurisdiction including land to be used for condominiums, apartments or any other multiple dwelling units unless such land when previously subdivided was accompanied by a filing which complied with the provisions of this chapter with substantially the same density, or which is divided into two or more parcels, separate interests or interests in common, unless exempted under divisions (1) or (2) below.
(1) The terms
SUBDIVISION and SUBDIVIDED LAND, as defined in this section, shall apply to the division of any parcel of land, shown as a unit, as part of a unit or as contiguous units on the last preceding transfer of ownership, into two or more parcels or lots for the purpose, whether immediate or future, of transfer of ownership or improvement of one or more of these parcels of land for residential, commercial or industrial structures or groups of structures. All divisions of land meeting the above described definition of a SUBDIVISION or SUBDIVIDED LAND shall have a plat recorded in the office of the County Recorder.
(2) Unless the method of disposition is adopted for the purpose of evading this chapter, the terms
SUBDIVISION and SUBDIVIDED LAND, as defined in this section, shall not apply to any division of land:
(a) Created by order of any court in this state or by operation of law;
(b) Created by lien, mortgage, deed of trust or any other security instrument;
(c) Created by a security or unit of interest in any investment trust regulated under the laws of the state or any other interest in any investment entity;
(d) Created as cemetery lots; or
(e) Created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common and such interest shall be deemed for purposes of this section as only one interest.
(Prior Code, § 154.04)