(A) For the purpose of these regulations, certain numbers, abbreviations, terms, and words used herein shall be used, interpreted, and defined as set forth in this section.
(B) Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; the word HEREIN means IN THESE REGULATIONS; the word REGULATIONS means THESE REGULATIONS.
(C) A PERSON includes a corporation, a partnership, and an incorporated association of persons such as a club; SHALL is always mandatory; USED or OCCUPIED as applied to any land or building shall be construed to include the words INTENDED, ARRANGED, OR DESIGNATED TO BE USED OR OCCUPIED.
ACCESSORY BUILDING. A subordinate structure, the use of which is incidental to that of the dominant use of the principal building or land.
ADMINISTRATOR. The officer appointed by and/or delegated the responsibility for the administration of these regulations by the Planning Commission. This term shall be construed to include those planning staff members working under the direction of the ADMINISTRATOR in the exercise of his or her responsibilities in regard to the processing of these subdivision regulations.
ADVISORY PLAN COMMISSION. A plan commission serving a single local government jurisdiction established as defined under I.C. 36-7-1-2, as amended.
AGENCY. See PUBLIC AGENCY.
ALLEY. A public or private vehicular right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
APPLICANT. The owner of land proposed to be subdivided or his or her agent or his or her legal representative.
ARTERIAL. Either a primary arterial or a secondary arterial as defined in this section.
AVERAGE DENSITY PROCEDURES. Procedures for calculating overall density of development prescribed in the zoning ordinance as a flexible tool for maintaining overall densities while
allowing individual lot sizes to vary from the minimum size allowed in a given zone. (See FLEXIBLE ZONING also.)
BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad right-of-way, shorelines of waterways, or boundary lines of municipalities.
BOND. Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Advisory Plan Commission. All BONDS shall be approved by the Commission wherever a BOND is required by these regulations.
BUFFER LANDSCAPING. Any trees, shrubs, walls, fences, berms, or related landscaping features required under this chapter or the zoning ordinance on private lots and privately maintained for buffering lots from adjacent properties or public rights-of-way for the purpose of increasing sound and/or visual privacy. (See SCREENING also.)
BUILDING. Any roofed structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind.
BUILDING CODE. The city ordinance or group of ordinances which establishes and controls the standards for construction of buildings, utilities, mechanical equipment, and all forms of structures and permanent installations and related matters, within the city. The ordinance referred to herein as the CITY BUILDING CODE.
BUILDING PERMIT. A certificate issued by the building permit official of a governing body permitting a person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure within its jurisdiction, or cause the same to be done.
BUILDING PERMIT OFFICIAL. That official of local government authorized to issue building permits.
CAPITAL IMPROVEMENT PROGRAM. A proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditure of public funds, over and above the annual local government’s operating expenses, for the purchase, construction, or replacement of the more durable, longer lived physical assets for the community are included.
CENTRAL SEWERAGE SYSTEM. A community sewer system, including collection and treatment facilities, established by the developer to serve a new subdivision or an existing public sewer system.
CENTRAL WATER SYSTEM. A community water supply system, including existing and new wells and/or surface water sources and intakes, treatment facilities, and distribution lines, and includes such of the above facilities established by the developer to serve a new subdivision.
CERTIFICATE. The signed and attested document which indicates that a subdivision has been granted secondary approval by the Commission subsequent to proper public notice of its hearing.
CHECKPOINT AGENCY. A public agency or organization called upon by the Commission to provide expert counsel with regard to a specific aspect of community development or required by law to give its assent before subdivision may occur.
CITY ATTORNEY. The licensed attorney designated by the legally authorized body to furnish legal assistance for the administration of these regulations in lieu of the Commission having its own attorney.
CITY BUILDING CODE. See BUILDING CODE.
CITY DESIGN REVIEW COMMITTEE. A committee established by the city to provide technical services to the Advisory Plan Commission in the administration of these regulations.
CITY ENGINEER. The licensed engineer designated by the city to furnish engineering assistance in the administration of these regulations.
CITY GOVERNMENT. The governmental body of the city empowered to adopt planning and public policy ordinances.
CLERK TREASURER. The city official empowered to examine and settle all accounts and demands that are chargeable against the city and not otherwise provided for by statute.
COLLECTOR STREET. A street intended to move traffic from local streets to secondary arterials. A COLLECTOR STREET serves a neighborhood or large subdivision and should be designed so that no residential properties face onto it and no driveway access to it is permitted unless the property is to be in multi-family use for four or more dwelling units.
COMMISSION. The City Advisory Plan Commission as referred to herein.
COMMISSION ATTORNEY. The licensed attorney designated by the Commission to furnish legal assistance for the administration of this chapter or as provided by statute.
COMPREHENSIVE PLAN. Inclusive physical, social, economic plans and policies in graphic and verbal statement forms for the development of the city prepared and adopted by the Commission and, pursuant to state acts, including any part of such plan and/or policy separately adopted and any amendment to such plan or policies or parts thereof.
CONDOMINIUM. The division of building(s) and the related land into horizontal property interest meeting the requirements of and controlled by state statutes for CONDOMINIUMS and prescribed by I.C. 32-25.
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 this chapter as a condition of the approval of the plat.
COUNTY AUDITOR. The county official empowered to examine and settle all accounts and demands that are chargeable against the county and not otherwise provided for by statute.
COUNTY HEALTH OFFICER. See HEALTH OFFICER.
COUNTY RECORDER. The county official empowered to record and file land description plats.
CUL-DE-SAC. A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement, including public safety vehicles.
DEAD-END STREET. A street or a portion of a street with only one vehicular traffic outlet, and no turnaround at the terminal end.
DEPARTMENT. See PUBLIC AGENCY.
DESIGNATED OFFICIALS. The President and Secretary of the Commission who are designated in the subdivision ordinance as required signatories for the execution of secondary approval.
DEVELOPER. The owner of land proposed to be subdivided or his or her representative. Consent for making applications for development approval shall be required from the legal owner of the premises.
DRIVES, PRIVATE. Vehicular street and driveways, paved or unpaved, which are wholly within private property except where they intersect with other streets within public rights-of-way.
EASEMENT. An authorization grant by a property owner for the use by another of any designated part of his or her property for a clearly specified purpose(s).
ESCROW. A deposit of cash with the Commission in lieu of an amount required and still in force on a performance or maintenance bond. Such ESCROW FUNDS shall be held by the Clerk Treasurer.
EXEMPT DIVISIONS. See definition of SUBDIVISION.
FINAL PLAT. The map, drawing, or plan described in this chapter of a subdivision and any accompanying material submitted to the Commission for secondary approval, and which, if approved and signed by the designated officials, may be submitted to the County Recorder for recording.
FLOOD HAZARD AREAS. Those floodplains which have not been adequately protected from flooding by the regulatory flood by means of dikes, levees, or reservoirs, and are shown on the floodway-flood boundary maps of the Federal Insurance Administration or maps provided to the Commission from the State Natural Resources Commission.
FLOODPLAIN. The area adjoining the river or stream which has been or may hereafter be covered by flood water from the regulatory flood.
FLOOD PROTECTION GRADE. The elevation of the lowest point around the perimeter of a building at which flood waters may enter the interior of the building.
FLOODWAY. See REGULATORY FLOODWAY.
FLOODWAY FRINGE. Those portions of the flood hazard areas lying outside the floodway, shown on the floodway-flood boundary maps of the Federal Insurance Administration.
FOUNDATION. The supporting member of a wall or structure.
FRONTAGE. The side of a lot abutting on a street or way and ordinarily regarded as the front of the lot. Lots shall not be considered to front on stub ends of streets and in the case of corner lots will be considered to front on both intersecting streets. (No access for any one lot is permitted to more than one street and that street generally will be the one calculated to have lower traffic volumes and less frequent intersections.)
FRONTAGE STREET. Any street to be constructed by the developer or any existing street in which development shall take place on both sides.
FRONT YARD. A yard defined herein, encompassing the horizontal space between the nearest foundation of a building to the right-of-way line and that right-of-way line, extending to the side lines of the lot, and measured as the shortest distance from that foundation to the right-of-way line. The FRONT YARD of a corner lot shall be that yard abutting the street upon which the lot has its least frontage.
GOVERNING BODY. The City Council.
GRADE. The slope of a street, or other public way, specified in percentage (%) terms.
HEALTH DEPARTMENT and COUNTY HEALTH OFFICER. The agency and person designated by the county to administer the health regulations within the county’s jurisdiction.
HIGH DENSITY. Those residential zoning districts in which the density is equal to or greater than one dwelling unit per 10,000 square feet.
HIGHWAY, LIMITED ACCESS. A freeway, or expressway, providing for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right to access to or from the same, except at such points and in such manner as may be determined by the public authority having jurisdiction over such a highway.
HOUSING CODE. The city ordinance controlling the continuing safety and healthfulness of buildings for human occupation within the city’s jurisdiction. The ordinance referred to herein as the CITY HOUSING CODE.
IMPROVEMENTS. See LOT IMPROVEMENTS or PUBLIC IMPROVEMENTS.
INDIANA CODE. The Burns Indiana Statutes Code Edition, which codifies all state statutes for reference purposes. The latest edition with any amending supplements must be referred to for the laws “now” in force and applicable. (Usually abbreviated as I.C. herein.)
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device approved by the Health Department.
INTERESTED PARTIES. Those parties who are the owners of properties adjoining or adjacent to the proposed subdivision as shown on the sketch plan.
JOINT OWNERSHIP. Joint ownership among persons shall be construed as the same owner; CONSTRUCTIVE OWNERSHIP for the purpose of imposing subdivision regulations.
LAND DIVIDER. The owner of a parcel of land to be further divided through making an exempt division.
LANDSCAPING. See BUFFER LANDSCAPING, SCREENING, and SHADE TREES.
LOCAL STREET. A street intended to provide access to other streets from individual properties and to provide right-of-way beneath it for sewer, water, and storm drainage pipes.
LOT. A tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or of building development.
LOT CORNER. A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees.
LOT IMPROVEMENT. Any building, structure, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment. Certain LOT IMPROVEMENTS shall be properly bonded as provided in these regulations.
LOW DENSITY. Those residential zoning districts in which the density is equal or less than one dwelling unit per 40,000 square feet.
MAJOR STREET. A collector or arterial street.
MAJOR STREET PLAN. See OFFICIAL MAP.
MAJOR SUBDIVISION. Any subdivision not classified as a minor subdivision, including, but not limited to, subdivisions of four or more lots, or any size subdivision requiring any new street or extension of the local governmental facilities, or the creation of any public improvements.
MAP. A representation of a part or the whole of the earth’s surface, in signs and symbols, on a plane surface, at an established scale, with a method of orientation indicated.
MARKER. A stake, pipe, rod, nail, or any other object which is not intended to be a permanent point for record purposes.
MASTER PLAN. See COMPREHENSIVE PLAN.
MEDIUM DENSITY. Those residential zoning districts in which the density is between 10,000 and 40,000 square feet per dwelling unit.
MINOR SUBDIVISION. Any subdivision containing not more than three lots fronting on an existing street which is an improved right-of-way maintained by the city not involving any new street or extension of municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property and not in conflict with any revision or portion of the Comprehensive Plan, official map, zoning ordinance, or this chapter.
MODEL HOME. A dwelling unit used initially for display purposes which typifies the kind of units that will be constructed in the subdivision. Such dwelling units may be erected, at the discretion of the Commission, by permitting a portion of a major subdivision involving no more than two lots to be created according to the procedures for minor subdivisions, as set out in these regulations.
MONUMENT. A physical structure which marks the location of a corner or other survey point.
NONRESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than residential, such as commercial or industrial. Such subdivision shall comply with the applicable provisions of these regulations.
OFF-SITE. Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.
OFFICIAL MAP. The map or maps established by the city pursuant to law showing existing and proposed street, highways, parks, drainage systems, and setback lines heretofore laid out, adopted, and established by law, and any amendments or additions thereto adopted by the city or additions thereto resulting from the approval of subdivision plats by the Commission and the subsequent filing of such approved plats.
OFFICIAL MASTER PLAN. See COMPREHENSIVE PLAN.
ORDINANCE. Any legislative action, however denominated, of a local government which has the force of law, including any amendment or repeal of any ORDINANCE.
OWNER. Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations.
PARCEL. A part or portion of land having a legal description formally set forth in a conveyance, together with the boundaries thereof, in order to make possible its easy identification.
PERIMETER STREET. Any existing street to which the parcel of land to be subdivided abuts on only one side.
PLAN COMMISSION. The city’s advisory plan body as established in accordance with state law, often referred to herein simply as the COMMISSION.
PLANNED UNIT DEVELOPMENT. A means of land regulation which permits large scale, unified land development in a configuration and possibly a mix of uses not otherwise permitted “as of right” under the city zoning ordinance but requiring under that ordinance or a special ordinance a special review and approval process.
PLAT. A map indicating the subdivision or resubdivision of land filed or intended to be filed for record with the County Recorder.
PRELIMINARY PLAT. The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Commission for approval.
PRIMARY APPROVAL. An approval (or approval with conditions imposed) granted to a subdivision by the Commission after having determined in a public hearing that the subdivision complied with the standards prescribed in this chapter (per I.C. 36-7-4-700 series: Subdivision Control).
PRIMARY ARTERIAL. A street intended to move through-traffic to and from such major attractors as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas, and similar traffic generators within the county; and/or as a route for traffic between communities; a major thoroughfare.
PRINCIPAL USE BUILDING. A building in which the principal use of the lot or parcel is conducted. Standards recognized by the state’s Administrative Building Council shall be used to determine whether a given structure constitutes one or more buildings in cases where ambiguities exist.
PUBLIC AGENCY. An agency or government department acting under the aegis of and representing an elected or appointed council, commission, or other policy-making or advisory body of federal, state, or local government to whom it is responsible.
PUBLIC IMPROVEMENT. Any drainage ditch, street, highway, parkway, sidewalk, pedestrian-way, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established. (All such IMPROVEMENTS shall be properly bonded.)
REAR YARD. A yard as defined herein, encompassing the horizontal space between the nearest foundation measured as the shortest distance from that foundation to the rear lot line. The REAR YARD of a corner lot shall be that yard at the opposite end of the lot from the front yard.
REGISTERED LAND SURVEYOR. A land surveyor properly licensed and registered in the state, permitted to practice in the state through reciprocity.
REGISTERED PROFESSIONAL ENGINEER. An engineer properly licensed and registered in the state or permitted to practice in the state through reciprocity.
REGULATORY FLOOD. That flood having a peak discharge which can be equaled or exceeded on the average of once in a 100-year period, as calculated by a method and procedure which is acceptable to and approved by the State Natural Resources Commission; this FLOOD is equivalent to a flood having a probability of occurrence of 1% in any given year.
REGULATORY FLOOD ELEVATION. The maximum elevation, as established by the State Department of Natural Resources, reached by the regulatory flood at the locations in questions relevant to approval of a given subdivision.
REGULATORY FLOODWAY. The channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flow of the regulatory flood of any river or stream shown on the floodway-flood boundary maps of the Federal Insurance Administration.
RESTRICTIVE COVENANTS. Limitations of various kinds on the usage of lots or parcels of land within a subdivision which are proposed by the subdivider, and, in the case of public health, safety, and welfare by the Commission, that are recorded with the plat and run with the land.
RESUBDIVISION. A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use, or any lot line, or setback; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, pedestrian-way, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, special landscaping, or for another special use. The usage of the term RIGHT-OF-WAY for land platting purposes shall mean that every RIGHT-OF-WAY hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such RIGHT-OF-WAY and not included within the dimensions or areas of such lots or parcels. RIGHTS-OF-WAY intended for streets, crosswalks, water mains, sanitary sewers, storm drains, screening, or special landscaping, or any other use involving maintenance by a public agency shall be dedicated to public use by the subdivider on whose plat such RIGHT-OF-WAY is established.
ROAD(S). See STREET(S).
SALE or LEASE. Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, intestate succession, or transfer of an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map, lease, devise, intestate succession, or other written instrument.
SAME OWNERSHIP. Ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations, in which a stockholder, partner, or associate, or a member of his or her family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.
SCREENING.
(a) Either:
1. A strip of at least ten feet wide, densely planted (or having equivalent natural growth) with shrubs or trees at least four feet high at the time of planting, of a type that will form a year- round dense screen at least six feet high; or
2. An opaque wall or barrier or uniformly painted fence at least six feet high.
(b) Either division (a)1. or (a)2. above shall be maintained in good condition at all times and may have no signs affixed to or hung in relation to the outside thereof except as permitted or required under the zoning ordinance. Where required by the zoning ordinance, a screen shall be installed along or within the lines or a plot as a protection for adjoining or nearby properties. Earth berms shall be incorporated as part of such SCREENING measures where appropriate.
SECONDARY APPROVAL. The stage of application for formal Plan Commission approval of a final plat of a subdivision the construction of which has been completed or substantially completed which, if approved and signed by the designated officials may be submitted to the County Recorder for recording.
SECONDARY ARTERIAL. A street intended to collect and distribute traffic in a manner similar to primary arterials, except that these streets service minor traffic generating areas such as community-commercial areas, primary and secondary educational plants, hospitals, major recreational areas, churches, and offices, and/or designed to carry traffic from collector streets to the system of primary arterials.
SETBACK. A line parallel to and equidistant from the relevant lot line (front, back, side) between which no buildings or structures may be erected as prescribed in the city zoning ordinance.
SHADE TREE. A tree in a public place, special easement, or right-of-way adjoining a street as provided in these regulations.
SIDE LOT LINES. Any lines separating two lots other than front or rear lot lines.
SKETCH PLAN. The initially submitted graphic representation of a proposed major subdivision, drawn to approximate scale, either superimposed upon a print of a topographic survey, or presented in any other suitable graphic medium or form acceptable to the Commission; and, in the case of a minor subdivision, the drawing or drawings indicating the proposed manner of layout of the subdivision meeting the conditions of the subdivision ordinance to be submitted to the Commission for primary approval.
SPECIAL LANDSCAPING. Areas of tree planting, shrubs, or other landscape features serving a public purpose and maintained by the county. (See also BUFFER LANDSCAPING and SCREENING.)
STATE ACTS. Such legislative acts of the state as they affect these regulations.
STATE PLANE COORDINATES SYSTEM. A system of plane coordinates, based on the Transverse Mercator Projection for the Western zone of the state, established by the United States Coast and Geodetic Survey for the State of Indiana.
STREET, DEAD-END. A street or a portion of a street with only one vehicular traffic outlet.
STREET RIGHT-OF-WAY WIDTH. The distance between property lines measured at right angles to the center line of the street.
STREETS, CLASSIFICATION. For the purpose of providing for the development of the streets, highways, and rights-of-way in the governmental unit, and for their future improvement, reconstruction, realignment, and necessary widening, including provision for curbs and sidewalks, each existing street, highway, and right-of-way, and those located on approved and recorded plats, have been designated on the official map of the city or thoroughfare plan and classified therein. The CLASSIFICATION of each street, highway, and right-of-way is based upon its location in the respective zoning districts of the city and its present and estimated future traffic volume and its relative importance and function as specified in the City Comprehensive Plan and/or its thoroughfare plan component. The required improvements shall be measured as set forth for each street classification on the official map.
STRUCTURE. Anything constructed or erected that requires location on or in the ground or is attached to something having a location on or in the ground.
SUBDIVIDER. Any person who:
(a) Having a proprietary interest in land, causes it, directly or indirectly, to be divided into a subdivision;
(b) Directly or indirectly sells, leases, or develops, or offers to sell, lease, or develop, or advertises for sale, lease, or development, any interest, lot, parcel site, unit, or plat in a subdivision;
(c) Engages directly, or through an agent, in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision of any interest, lot, parcel site, unit, or plat in a subdivision; or
(d) Is directly or indirectly controlled by, or under direct or indirect common control, with any of the forgoing.
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 zoned 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 divisions of existing parcels of land are herein called EXEMPT DIVISIONS and are classified into two categories: EXEMPT I and EXEMPT II. These divisions are exempt from most provisions of this chapter. EXEMPT I DIVISIONS must be one of the following types of division:
(a) A division of land into two or more tracts of which all tracts are least ten acres in size;
(b) A division of land for the transfer of a tract or 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;
(c) A division of land pursuant to an allocation of land in the settlement of a decedent’s estate or a court decree for the distribution of property;
(d) A division of land for federal, state, or local government to acquire street right-of-way;
(e) A division of land for the transfer of a tract or tracts between adjoining lots provided that no additional principal use building sites are created by the division. The lots so created hereunder shall have only one principal use building site each (see PRINCIPAL USE BUILDING); or
(f) A division of land into cemetery plots for the purpose of burial of corpses, EXEMPT I DIVISIONS are subject only to the provisions of §§ 150.029 and 150.094, but shall be exempt from other provisions of this chapter not specified or referred to in those sections. EXEMPT II DIVISIONS are divisions of land into not more than four parcels two acres or more in size but less than ten acres. Such divisions shall conform to §§ 150.029 and 150.095 but shall be exempt from other provisions of this chapter not specified or referred to in those sections.
SUBDIVISION AGENT. Any person who represents, or acts for or on behalf of, a subdivider or developer, in selling, leasing, or developing, or offering to sell or lease, or develop any interest, lot, parcel, unit, site, or plat in a subdivision, except an attorney-at-law whose representation of another person consists solely of rendering legal services, and is not involved in developing, marketing, or selling real property in the subdivision.
SUBDIVISION, EXEMPT. See SUBDIVISION.
SUBDIVISION, MAJOR. See MAJOR SUBDIVISION.
SUBDIVISION, MINOR. See MINOR SUBDIVISION.
TEMPORARY IMPROVEMENT. Improvements built and maintained by a subdivider during construction of the subdivision and intended to be replaced by a permanent improvement prior to release of the performance bond or turnaround improvements at the ends of stub streets intended to be replaced when the adjoining area is developed and the through street connection made.
THOROUGHFARE PLAN. See OFFICIAL MAP.
YARD. A space on the same lot with a principal building, such space being open, unoccupied, and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.
ZONING ORDINANCE. That city ordinance setting forth the regulations controlling use of land in the incorporated area of the city. The ordinance referred to as the city zoning ordinance.
(Ord. 5-1992, passed 7-21-1992)