This section explains the meaning of the more important terms used in the text of these regulations. A graphic illustration of certain definitions is provided in this section. Any zoning, drainage or erosion control terms or words used in the text of these regulations but not defined herein shall have the meaning as defined by the Zoning Ordinance.
ACCESS EASEMENT. See PRIVATE STREET.
ACCESS ROAD. A street designed to provide vehicular access to abutting property and to discourage through traffic.
ACRE. A measure of land area containing 43,560 square feet.
ADDRESS. The number or other designation assigned to a housing unit, business establishment or other structure for purposes of mail delivery, emergency services and so forth.
ALLEY. A right-of-way, other than a street, road, crosswalk or easement, designed to provide a secondary means of access to the rear or sides of lots, and not intended for the purposes of through vehicular traffic.
APPLICANT. The owner of real estate or an appointed agent who makes application to the Department for action by the Plan Commission.
APPLICATION. A form completed as specified by these regulations and all accompanying documents required by these regulations for approval of the application.
BUFFER. Land area used to visibly separate one use from another or to shield or block noise, lights or other nuisances.
BUILDABLE TRACT. A parcel of land, which is eligible for an improvement location permit.
BUILDING. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.
BUILDING CODE. The county ordinance establishing and controlling the standards for constructing buildings, utilities, mechanical equipment and all forms of structures and permanent installations and related matters, within the county; also referred to as the County Building Code, as codified in Chapter 151, and all subsequent amendments.
BUILDING ENVELOPE. The area available for construction on a lot; the lot area excluding well fields, on-site sewage systems, building setbacks, easements, water bodies and other location restrictions.
BUILDING PERMIT. Written permission issued by the Building Commissioner for the construction, repair, alteration or addition to a structure.
BUILDING (SETBACK) LINE. A line within a lot which is generally parallel with and measured from the lot line (property line), defining the limits of a yard in which no structure may be located above ground, except as allowed otherwise by the county code. SETBACK LINES are more specifically described as front yard, side yard and rear yard setbacks. See also definition of YARD.
CERTIFICATE OF OCCUPANCY. A document issued by the Building Commissioner allowing the occupancy or use of a building and certifying that the structure or use has been constructed and will be used in compliance with all applicable laws of the county.
COMMISSION. The Advisory Plan Commission of the county established as defined under I.C. 36-7-4-200.
COMMISSIONERS, BOARD OF COUNTY. The Board of County Commissioners of Elkhart County, Indiana as established under I.C. 36-2.
COMMON AREA. Land or an area of water, or combination thereof, within a development, which is designed and intended for the common use or enjoyment of the residents of the development. COMMON AREA may include complementary structures and improvements.
COMPREHENSIVE PLAN. The Comprehensive Plan for the county, prepared and approved under the 500 series of I.C. 36-7-4, as amended.
CONSTRUCTION. Any human-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, streets and other paving, utilities, filling, grading, excavation, mining, dredging, drilling operations or pile driving.
CONSTRUCTION PLAN(S). The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed for the subdivision in accordance with the requirements of these regulations and the conditions of approval of the plat.
COUNTY. Elkhart County, Indiana.
COVENANT. A private agreement restricting the use and occupancy of real estate, which is a part of the conveyance and is binding on all subsequent purchasers.
CROSS SECTION. A profile of the ground surface perpendicular to the centerline of a street, sidewalk, waterway or other improvement.
DEAD END STREET. A street temporarily having only one outlet for vehicular traffic and which is designed and intended to be extended or continued in the future.
DEDICATION. The setting apart of land or interest in land for public use by the recording of the plat, an ordinance, resolution, entry in the official minutes, or express manifestation on the part of the owner.
DEED RESTRICTION. See COVENANT.
DESIGN STANDARDS. A set of guidelines defining parameters to be followed in a site or building design and development.
DEPARTMENT. The County Planning and Development Department.
DEVELOPMENT.
(1) Any human-made change to improved or unimproved real estate including but not limited to:
(a) Construction, reconstruction or placement of a building or any addition to a building;
(b) Installing utilities, erection of walls, construction of roads or similar projects;
(c) Construction of flood control structures such as levees, dikes, dams or channel improvements;
(d) Mining, dredging, filling, grading, excavation or drilling operations;
(e) Construction or reconstruction of bridges or culverts;
(f) Storage of materials; or
(g) Any other activity that might change the direction, height or velocity of flood or surface waters.
(2) DEVELOPMENT does not include activities such as the maintenance of existing buildings and facilities such as painting, re-roofing, resurfacing roads or gardening, plowing and similar agricultural practices that do not involve filling, grading, excavation or the construction of permanent buildings.
DIRECTOR. For the purpose of this chapter, the term DIRECTOR shall mean the Plan Director of the Elkhart County Planning and Development Department, or his or her duly authorized representatives.
DOUBLE FRONTAGE LOT. See LOT, DOUBLE FRONTAGE.
DRAINAGE. Surface water runoff and the removal of water from land by drains, grading or other means during and after construction or development.
DRIVEWAY. A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure intended for motor vehicle access.
DRY HYDRANT. A non-pressurized permanent pipe assembly system installed into a water source that permits the withdrawal of water by suction to provide all weather access to an available water source for fire suppression.
EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his or her property.
EGRESS. An exit.
ELEVATION. A vertical distance above or below sea level or a flat scale drawing of the front, rear or side of a building.
ESCROW. The arrangements for the handling of instruments or money not to be delivered until specific conditions are met.
EXCAVATION. Removal by any means whatsoever of soil, rock, minerals, mineral substances or organic substances other than vegetation, from water or land on or beneath the land surface thereof, whether exposed or submerged.
FINISHED ELEVATION. The proposed elevation of the land surface of a site after completion of all site preparation work.
FLOOD PLAIN. The channel proper and the areas adjoining any wetland, lake or watercourse, which have been or hereafter may be covered by the regulatory flood. The FLOOD PLAIN includes both the flood way and the flood way fringe districts.
FLOOD WAY. The channel of a river or stream and those portions of the flood plains adjoining the channel that are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream.
FLOODWAY FRINGE. The portions of the flood plain lying outside the regulatory flood way.
FRONTAGE. The length along the street right-of-way line of a single lot, tract or development area between the side lot lines of the property. The side of a lot abutting a street is generally regarded as the front of the lot.
FUNCTIONAL CLASSIFICATION SYSTEM. A hierarchy of roads as shown on the Master Thoroughfare Plan to be used for the development and improvement of the county road system.
GRADE. The slope of a road, street, swale, storm sewer or other public improvements, specified in terms of gradient percentage. Example: one foot of rise in 100 feet would be 1% grade.
HAZARDOUS MATERIAL. Those pollutants or combinations of pollutants, including disease-causing agents as defined by the Environmental Protection Agency or the state, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of information available, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunction in reproduction) or physical deformations in those organisms or their offspring.
HOMEOWNERS ASSOCIATION. A corporation or other entity that is organized and operated exclusively for the benefit of two or more persons who each own a dwelling in fee simple and acts in accordance with the articles, bylaws and other documents governing the entity. Community associations and business park associations are included in this definition.
IDEM. Indiana Department of Environmental Management.
IDNR. Indiana Department of Natural Resources.
IMPROVEMENT. Any alteration to the land or other physical constructions associated with subdivision and building site development.
IMPROVEMENT LOCATION PERMIT. A permit, as defined in the Zoning Ordinance, stating that the proposed erection, construction, enlargement or moving of a building or structure referred to therein complies with the provisions of the Zoning Ordinance.
IMPROVEMENT PLAN(S). See CONSTRUCTION PLAN(S).
INDOT. Indiana Department of Transportation.
INGRESS. Access or entry.
JURISDICTION. The unincorporated area of the county and those jurisdictions within the county, which have by mutual agreement surrendered jurisdiction to the county.
LANDSCAPING. An expanse of organic scenery including the addition of lawns, trees, plants and other natural and decorative features of land.
LEGAL DRAIN. See REGULATED DRAIN.
LOT. A single recorded tract or parcel, created in compliance with the subdivision control regulations in effect at the time of the lot’s creation. A LOT serves as a unit for the purpose, whether immediate or future, of transfer of ownership, lease or building development.
LOT, CORNER. A lot or parcel of land abutting upon two or more streets at their intersection.
LOT, DOUBLE FRONTAGE. A lot having frontage on two parallel or approximately parallel streets, and which is not a corner lot.
LOT, INTERIOR. A lot other than a corner lot or a double-frontage.
LOT LINE. The property lines defining the legal boundary of a lot. Property lines may be designated as front, side or rear property lines.
MAINTENANCE GUARANTEE. Any security, which may be required and accepted by the Board of County Commissioners to assure that necessary improvements will function as required for a specific period of time.
MAJOR SUBDIVISION. See SUBDIVISION, MAJOR.
MINOR SUBDIVISION. See SUBDIVISION, MINOR.
MONUMENT. Any permanent marker either of concrete, galvanized steel pipes or iron or steel rods used to identify the location of a property corner or other survey point.
MS4. Municipal separate storm sewer system. A requirement of the Federal Environmental Protection Agency and the basis for the operations of the County Department of Storm Water Management.
NATURAL RESOURCE CONSERVATION SERVICE (NRCS). A governmental agency that provides advice to communities, agencies and individuals within its jurisdiction, and reviews development proposals for soil erosion and sediment control measures.
NON-ACCESS EASEMENT. An easement specifically provided that prohibits access to a road or street by vehicular traffic on a regular basis. Driveways shall not be constructed across this easement, but utility company vehicles servicing adjoining lines may cross.
ON-SITE SEWAGE DISPOSAL SYSTEM. All equipment and devices necessary for the proper on-site conduction, collection, storage and treatment of sewage and on-site disposal of sewage, from a residence or commercial facility. The related drainage field for an on-site sewage system and a replacement area equal in size to that originally approved is also considered part of the system.
OPEN SPACE. Land used for recreation, greenways, resource protection, amenity and/or buffer yards. In no event shall any area of a lot constituting neither the minimum lot area of the lot, nor any part of an existing or future road or right-of-way be counted as constituting open space except that buffer yard areas may be included in the area of a lot constituting the minimum lot area.
PARCEL. A piece or portion of land separated from other pieces or portions by legal description as on a subdivision plat, deed or other legal instrument recorded in the office of the County Recorder, and under single and separate legal ownership.
PARENT TRACT. The tract of land lawfully in existence on the effective date of this chapter from which a new tract of land is being taken.
PATH. Any pedestrian way that is not a sidewalk.
PEDESTRIAN WAYS. A pedestrian walkway or path located within an access easement.
PERMANENT EROSION CONTROL MEASURE. Any measure, vegetative or otherwise, that resists sediment migration and/or movement and shall remain unaffected by weather or atmospheric conditions.
PLAN COMMISSION. See COMMISSION.
PLAN COMMISSION STAFF. See STAFF.
PLAN COMMISSION TECHNICAL ADVISORY COMMITTEE. The Plan Commission Technical Advisors shall consist of the following county officials or their designated representative: Director of Planning and Development Department; County Highway Engineer; Director of Environmental Health; and County Surveyor and those other representatives as the Director may invite to aid in the review of scheduled petitions.
PLAT. A diagram drawn to scale representing a tract of land, showing the boundaries and location of individual properties and streets; including the subdivision or resubdivision of land intended to be filed for record.
PLAT, PRIMARY. An initial diagram of a subdivision of land that is presented to the Technical Review Committee for review and to the Plan Commission for primary approval.
PLAT COMMITTEE. The Plan Commission Plat Committee shall consist of five persons appointed from the Commission membership; one shall be the Secretary of the Plan Commission, who shall serve as Chairperson, one shall be the County Surveyor or representative and three other members of the Plan Commission. Members of the Plat Committee shall serve a term of one year, beginning January 1.
PLAT, SECONDARY. The final diagram of all or a portion of a subdivision that is presented for secondary approval.
PRIMARY APPROVAL. An approval granted to an applicant by the Plan Commission after having determined in a public hearing that the subdivision complies with the standards prescribed in these regulations as defined by I.C. 36-7-4-702, prior to secondary approval.
PRIMARY PLAN. See PLAT, PRIMARY.
PRIVATE STREET. A privately owned easement established to provide access to private properties. See EASEMENT.
PUBLIC IMPROVEMENT. Any improvement, facility or service together with its associated public site or right-of-way necessary to provide transportation, drainage, public or private utilities, energy or similar essential services, and maintained by the proper agencies.
PUBLIC STREET. A public right-of-way under the jurisdiction of and maintained by the county or a municipal entity.
PUBLIC HEARING. A meeting announced and advertised in advance, and open to the public, with the public given an opportunity to appear and be heard.
PUBLIC MEETING. A meeting announced and advertised in advance and open to the public. The public may or may not be heard, as determined by the hearing body.
PUBLIC WAY. An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.
RECORD (AS BUILT) DRAWINGS. Drawings or plans provided by the applicant, depicting the “in place” location, elevation and type of facility installed.
REGISTERED LAND SURVEYOR. A land surveyor properly licensed and registered or through reciprocity permitted to practice in the state.
REGULATED DRAIN. Also called a LEGAL DRAIN. An open drain, a tiled drain, or a combination of the two, having been accepted by and being under the authority and control of the County Drainage Board, and subject to the provisions of the State Drainage Code, I.C. 36-9-27.
REPLAT. A change to a portion of a recorded plat, generally dealing with lot line locations, building setback lines or easements. Also known as a RESUBDIVISION.
RESTRICTIVE COVENANT. See COVENANT.
RIGHT-OF-WAY (R.O.W.). A strip of land occupied by or dedicated to the county to be used as a street, pedestrian way, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, special landscaping or any other public use. For land platting purposes, every RIGHT-OF-WAY hereafter established and as shown on a final plat is to be separate and distinct from the lots or parcels adjoining the RIGHT-OF-WAY and shall not be included within the dimensions or areas of the lots or parcels. RIGHT-OF-WAY dedications by the developer on a final plat must be clearly shown on the final plat, and must be formally accepted by the Board of Commissioners. No dedication of RIGHT-OF-WAY shall be effective or binding upon the Plan Commission and/or the county until the dedication shall be accepted by the Board of Commissioners as herein set forth.
ROAD. A street, as herein defined; often named or labeled by a number.
RULES OF PROCEDURE. The Rules of Procedure adopted by the County Advisory Plan Commission.
RUNOFF. The waters derived from melting snow or rain falling within a tributary drainage basin that exceed the infiltration capacity of the soils of that basin, flow over the surface of the ground or are collected in channels or conduits.
SCREENING. A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation.
SEPTIC SYSTEM. See ON-SITE SEWAGE DISPOSAL SYSTEM.
SETBACK LINE. See BUILDING (SETBACK) LINE.
SIDEWALK. A paved, surfaced or leveled area, usually parallel to and separate from the street, used as a pedestrian walkway.
SITE. Any geographical area.
SOIL SCIENTIST. An individual registered as a professional soil scientist with the State Registry of Soil Scientists (IRSS) as provided for under I.C. 25-31.5.
SPECIFICATION. A detailed instruction, which designates the quality and quantity of materials, and workmanship, expected in the construction of a structure.
STAFF. The following shall be considered as staff, for the purposes of this chapter. All employees of the County Planning and Development Department holding positions identified within the budget classifications for the Planning Division and the Code Enforcement Division of the annual budget as approved and as amended by the County Council from time to time.
STOP WORK ORDER. An administrative order, which directs a person not to continue or not to allow the continuation of an activity that is in violation of this code.
STREET. A public right-of-way, under the jurisdiction of the county legal or geographic, to include state and federal highways, used primarily for vehicular traffic, but also for all other right-of-way supposes set forth in the dedication or creation of right-of-way or arising by operation of law.
STREET, CUL-DE-SAC. A street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement including public safety vehicles.
STREET, LIMITED ACCESS. A street which allows only indirect access to abutting properties primarily by distributing traffic to intersecting lesser volume streets or some other means as needed to allow for efficient local circulation.
STREET STANDARDS. The county ordinance establishing the guidelines and standards for design and public improvement and related matters within the county; also referred to as the ELKHART COUNTY HIGHWAY GUIDELINES AND STANDARDS FOR DESIGN AND PUBLIC IMPROVEMENT STREET STANDARDS.
STRUCTURE. Anything constructed or erected with a fixed location or attached to something having a fixed location. Among other things, STRUCTURES may include, but are not limited to, buildings, mobile homes, walls, fences, swimming pools, signs and towers.
SUBDIVISION. The division of a parcel of land into two or more lots, parcels, sites, units, plats or interests for the purpose of offer, sale, lease or development, either on the installment plan or upon any and all other plans, terms and conditions, including resubdivision. SUBDIVISION includes the division or development of land opened for residential and nonresidential uses, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat or other recorded instrument. The following kinds of division of existing parcels of land are exempt from this chapter:
(1) A division of land for the sale or exchange of tracts to correct errors in an existing legal description, provided that no additional building sites other than for accessory buildings are created by the division;
(2) A division of land for the acquisition of street right-of-way;
(3) A division of land for the sale or exchange of tracts between adjoining landowners, provided that no additional building sites are created by the division;
(4) A division of land into cemetery plots for the purpose of burial of corpses; and
(5) A division of land to be subdivided for agricultural use only, provided that no additional building sites are created by this division.
SUBDIVISION, ADMINISTRATIVE. The division of land into not more than one buildable tract, of three acres or more, in lieu of platting, under limited conditions, with the technical review and certification necessary for development in the county overseen entirely by the Plan Commission staff, with appeal to the Plan Commission.
SUBDIVISION, MAJOR. A subdivision of a parcel of land into more than three residential, commercial or industrial lots or any size subdivision requiring any new street.
SUBDIVISION, MINOR. The subdivision of a parent parcel into any combination of not more than three contiguous or non-contiguous new residential, commercial or industrial building sites, or the reconfiguration of existing lots that create new building sites, and which does not involve the construction or extension of public or private streets, or substantially affect existing drainage systems. To qualify as a MINOR SUBDIVISION, the proposal must meet all of the conditions set forth in this chapter for MINOR SUBDIVISIONS.
THOROUGHFARE PLAN. A formally adopted plan that indicates the location of existing or proposed thoroughfares, including their functional classification, alignment and rights-of-way as an amendment to the County Comprehensive Plan.
TOPOGRAPHY. The configuration of a surface area showing relative elevations set to mean sea level.
TRACT. See PARCEL.
UNIT. A single, determinate quantity.
USE. The purpose of which a building or premises is or may be occupied. In the classification of uses, a USE may be a use as commonly understood or the name of an occupation, business, activity or operation carried on, or intended to be carried on in a building or on premises, or the name of a building, place or thing which name indicates the use or intended use.
UTILITIES. Infrastructure services, including those basic utilities, and the structures necessary to deliver those services. Those services may be provided by public or private agency. Examples include water, sanitary sewer, electricity, natural gas and telephone.
VICINITY MAP. A drawing which sets forth by dimensions or other means, the relationship of the proposed development or use to other nearby developments or landmarks and community facilities and services within the county in order to better locate and orient the area in question.
WETLAND. The most current definition as defined by the United States Army Corps of Engineers or State Department of Natural Resources.
YARD. An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a principal structure from the ground upward, except as otherwise provided herein.
YARD, FRONT. A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
YARD, REAR. A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.
YARD, SIDE. A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
ZONING ADMINISTRATOR. The Zoning Administrator of the county.
ZONING ORDINANCE. The county ordinance establishing a zoning plan for the county and providing for its administration; also referred to as the Elkhart County Zoning Ordinance 36-7-4-600, as adopted and incorporated by reference in Chapter 158, and all subsequent amendments thereto.
(Ord. 2009-67, passed 3-2-2009; Ord. PC 12-05, passed 5-21-2012; Ord. PC 2014-03, passed 4-21-2014; Ord. PC 2016-20, passed 7-18-2016; Ord. PC 2017-19, passed 10-16-2017)