(A) For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(B) The definitions contained in this section shall be observed and applied in the interpretation of all sections in this chapter, except where the context clearly indicates otherwise. Words used in the present tense shall include the future; words used in the singular number shall include the plural and the plural the singular; words used in the masculine gender shall include the feminine.
(C) Undefined words in this section may be found in the Kokomo Zoning Ordinance.
"ABANDONMENT." The relinquishment of property or a cessation of the use of the property for a continuous period of one year by the owner with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property.
"ADMINISTRATOR." See "Plan Director".
"ADVISORY PLAN COMMISSION." A Planning Commission serving a single local government jurisdiction established as defined under the IC 36-7-1-2 (1983) as amended. The Kokomo Plan Commission is an "ADVISORY PLAN COMMISSION".
"ALLEY." A public right-of-way, other than a street, road, crosswalk, or easement, that provides secondary access for the special accommodation of the abutting property.
"APPLICANT." "See Petitioner".
"ARTERIAL STREET." See "Street, Arterial".
"AASHTO." The American Association of State Highway and Transportation Officials.
"BERM." A man-made, formed, earth mound of definite height and width used for landscaping and obscuring purposes, the intent of which is to provide a transition between uses of differing intensity.
"BLOCK." Property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, intersecting railroad, intersecting waterway, or the end of a dead end street.
"BOARD." See "Board of Zoning Appeals".
"BOARD OF ZONING APPEALS." The Kokomo Board of Zoning Appeals or any division thereof.
"BOND." See "Surety."
"BUILDING." A structure having a root supported by columns or walls, for the shelter, support, or enclosure of persons, property, or animals; and when separated by division walls from the ground up and without openings, each portion of such building shall be deemed as a separate building.
"BUILDING AREA." The horizontal area of the buildings on a lot, measured from the outside exterior walls, excluding open areas or terraces, unenclosed porches or decks, and architectural features that project no more than two feet.
"BUILDING ENVELOPE." The setback lines that establishes an area on a lot in which building can occur.
"BZA." See "Board of Zoning Appeals".
"CENTRAL SEWERAGE SYSTEM." A sewer system including collection and treatment facilities owned and maintained by a municipality, private company or other agency who provides these facilities to the general public.
"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 or commercial/industrial development.
"CERTIFICATE OF OCCUPANCY." A certificate(s) stating that the occupancy and use of a building or structure complies with the provisions of the Indiana Building Code and the Kokomo Zoning Ordinance.
"CITY." The Municipal Corporation of Kokomo, Indiana, and the area within its corporate boundary.
"CITY ENGINEER." The City Engineer of the City of Kokomo.
"COLLECTOR STREET." See "Street, Collector."
"COMMISSION." See "Advisory Plan Commission".
"COMPREHENSIVE PLAN." Refers to the Kokomo Comprehensive Plan. The plan includes goals, objectives and strategies for land use, growth management, transportation/thoroughfares, community facilities and services, environment concerns, infrastructure, aesthetics and identity, and parks and recreation. The plan was developed and adopted by the Commission pursuant to IC 36-7-4-500 and includes any part and/or policies separately adopted and any amendment to such plan and/or policies, or parts thereof.
"CONSTRUCTION PLAN." See "Improvement Plan".
"COUNTY." The Municipal Corporation of Howard County and the area within its corporate boundary.
"COUNCIL." The Common Council of the City of Kokomo.
"COVENANTS." A list of conditions set out by the owner at the time of platting which shall run with the land and bind each owner to every other owner of land in the plat to the terms of said condition. All covenants shall be approved by the Commission, shall be recorded in the plat book as a part of the plat, and may be enforced by the owners of lots in the subdivision and not by the Commission.
"CUL-DE-SAC." A short street having one end open to traffic and being permanently terminated by a vehicular turnaround.
"DEDICATION." The setting apart of land or interests in land for use by the municipality or public by ordinance, resolution, or entry in the official minutes as by the recording of a plat.
"DIRECTOR." See "Planning Director".
"DISTRICT." See "Zoning District".
"DRAINAGE BOARD." The Drainage Board of the County.
"DRIVES, PRIVATE." See "Street, Private".
"EASEMENT." A grant by a property owner to specific persons, the general public, corporations, utilities, or others, for specified purposes.
"EXECUTIVE SECRETARY." The Executive Secretary for the Commission.
"EXEMPT SUBDIVISION." See "Subdivision, Exempt".
"FINAL PLAT." See "Plat, Final".
"FLOOD PROTECTION GRADE." The elevation of the lowest point around the perimeter of a building at which a 100-year flood may enter any finished floor area.
"FRONTAGE." See "Lot Frontage".
"HIGHWAY ENGINEER." The engineer employed by the county and assigned the responsibility for the highways, roads and bridges.
"IMPERVIOUS SURFACE." Any material that prevents absorption of stormwater into the ground.
"IMPROVEMENT(S)." Street grading, street surfacing and paving, curb and gutter, sidewalks, water mains and lines, sanitary sewers, drainage facilities, culverts, bridges, utilities, and the like.
"IMPROVEMENT LOCATION PERMIT." A permit issued under the Zoning Ordinance prior to receiving a building permit, 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 the pursuit of changes to the condition of the land.
"IMPROVEMENT PLAN(S)." A set of drawings and specifications prepared first in preliminary form with sufficient information to show that the technical requirements for a development such as grading, drainage, sewage, traffic, parking and utility service can be accomplished; and in final form, a set of drawings that show in sufficient clarity and detail to serve as construction documents to accomplish the improvement in accordance with the requirements of this chapter as a condition of the approval of the plat.
"INTERESTED PARTY." Interested parties shall include, but are not limited to, all properties adjacent to the subject site boundaries.
"LOCAL STREET." See "Street, Local".
"LOT." A portion of a subdivision or other parcel of land intended as a unit for transfer of title or interest therein, or for development, and must front on an improved street or place.
"LOT, BUILDABLE." See "Lot, Improved".
"LOT, DEVELOPED." A lot with buildings or structures.
"LOT FRONTAGE." The length of the front lot line bordering upon a public right-of-way. The lot frontage is determined by measuring the total distance in which the front lot line touches a public right-of-way.
"LOT, IMPROVED." A lot upon which a structure or building can be constructed and occupied. The lot shall have frontage on and access to an improved street, meet minimal setbacks, and have all necessary utilities available to the lot such as sewer, water, electricity and the like.
"LOT OF RECORD." A lot which is a part of a subdivision recorded in the office of the County Recorder, or a parcel or lot described by metes and bounds, and a description of what has been so recorded.
"MAJOR PLAT." See "Subdivision".
"MAJOR SUBDIVISION." See "Subdivision".
"MARKER (SURVEY)." 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".
"MINOR ARTERIAL." See "Street, Minor Arterial".
"MINOR SUBDIVISION." See "Subdivision, Minor".
"MONUMENT (SURVEY)." A permanent physical structure which marks the location of a corner or other survey point.
"OFF-SITE IMPROVEMENTS." 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, upon which is located improvements required by or related to the property to be subdivided.
"OPEN SPACE." An area of land not covered by buildings, parking structures, or accessory uses except for recreational structures. "OPEN SPACE" may include nature areas; streams and floodplains; meadows or open fields containing baseball, football, and soccer fields, golf courses, swimming pools, bicycle paths and the like. "OPEN SPACE" does not include street rights-of-way, platted lot area, private yard, patio areas, or land scheduled for future development.
"PARENT TRACT." A parent tract's actual location, shape, and size is determined by the official record of the last transfer of ownership transacted prior to the adoption of this chapter, or by its last conditional transfer of ownership by recorded contract transacted before this chapter was enacted.
"PETITIONER." Any person or group of persons, developer or developers, 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, or their legal representative. Consent of all involved property owners must be demonstrate prior to making applications for development approval.
"PLACE." A right-of-way permanently reserved in a plat which affords the principle means of access to abutting property, is not dedicated to nor maintained by the public but does grant the right to governmental agencies to use said place to provide law enforcement, mail delivery, and fire protection. A lot fronting on a place is eligible for address assignment and building permit issuance.
"PLAN." See "Comprehensive Plan".
"PLAN COMMISSION." See "Advisory Plan Commission".
"PLANNING DIRECTOR." The officer appointed by and/or delegated the responsibility for the administration of this chapter's regulations by the Plan Commission.
"PLANNING JURISDICTION." All land within the corporate limits of Kokomo, Indiana as set out on the Official Zoning Map.
"PLAT." A map or chart that shows a division of land and is intended to be filed for record.
"PLAT PRIMARY." The primary plat, pursuant to IC 36-7-4-700, is the plat and plans upon which the approval of a proposed subdivision are based. The Primary Plat and plans shall be subject to public notice and public hearing according to law and according to Plan Commission rules. (Under former state statutes, the primary plat was referred to as a "preliminary" plat.)
"PLAT, FINAL." The final plat, pursuant to IC 36-7-4-700, is the final plat document in recordable form. A final plat shall substantially conform with the preceding primary plat, or section thereof. The final plat and plans are not subject to public notices and public hearings. Final plat approval is an administrative function to be carried out in the manner prescribed by this chapter.
"PRIMARY PLAT." See "Plat, Primary".
"PRINCIPAL BUILDING/STRUCTURE." The building or structure in which the principal use of the lot or premises is located or conducted, with respect to residential uses, the principal building or structure shall be the main dwelling.
"PRINCIPAL USE." The main use of land or buildings as distinguished from an accessory use. A "PRINCIPAL USE" may be either a permitted use or a special exception.
"PRIVATE DRAIN SYSTEM." All storm water conveyances not accepted by the Board of Public Works and Safety or other public body for maintenance. Systems may include pipes, swales, ditches, open water, retention ponds, detention ponds, structures, and curbs.
"PRIVATE STREET." See "Street, Private".
"PROPERTY OWNER OF RECORD." The person(s) identified as the property owner on the most recent list prepared and maintained by the Howard County Auditor's Office.
"PUBLIC UTILITY." Any person, firm, or corporation duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, fiber optics, transportation, water, or sewerage systems.
"REGISTERED LAND SURVEYOR." A land surveyor properly licensed and registered or through reciprocity permitted to practice in the State of Indiana.
"REGISTERED PROFESSIONAL ENGINEER." An engineer properly licensed and registered or through reciprocity permitted to practice in the State of Indiana.
"REGULATORY FLOOD." A 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 Indiana Natural Resources Commission; further, this flood is equivalent to a flood having a 1% probability of occurrence in any given year.
"REGULATORY FLOODWAY." The channel of a river or stream and those portions of the flood plains adjoining the channel which are reasonably required to efficiently carry and discharge peak flow of the regulatory flood of any river or stream and, is that area covered by floodwaters in significant downstream motion or covered by significant volumes of stored water during the occurrence of the regulatory flood.
"REPLAT." Any change in a map of an approved or recorded subdivision plat, if such change affects any street layout shown on such map, area reserved thereon for public use, any lot line, 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 transportation facilities, public utilities, or other special public uses. Rights-of-way intended for any use involving maintenance by a public agency shall be dedicated to the public use by the maker of the plat on which such right-of-way is established.
"ROW." See "Right-of-Way".
"SECONDARY PLAT." See "Plat, Final".
"SITE PLAN." A drawing showing the physical features and improvements, both existing and proposed, of a building site.
"STREET." Any vehicular way that: (1) is an existing state, county, or municipal roadway; (2) is shown upon a plat approved pursuant to law; (3) is approved by other official action; or (4) is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board to review plats; includes the land between the street lines, whether improved or unimproved.
"STREET, COLLECTOR." A street designed to facilitate the collection of traffic from local streets and to provide circulation within neighborhood areas and convenient ways to reach arterial streets, as depicted by the thoroughfare plan element within the comprehensive plan.
"STREET, LOCAL." A street designed primarily to provide access to abutting properties and discourage through traffic, as depicted by the thoroughfare plan element within the comprehensive plan.
"STREET, PRIMARY ARTERIAL." A street with access control, restricted parking, and that collects and distributes traffic to and from minor arterials, as depicted by the transportation plan element within the comprehensive plan.
"STREET, SECONDARY ARTERIAL." A street with signals at important intersections and stop signs on side streets, and that collects and distributes traffic to and from collector streets, as depicted by the transportation plan element within the comprehensive plan.
"STREET, PUBLIC." A right-of-way, dedicated to public use, which affords the principle means of access to abutting property. A street may be designed as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive, court, or other appropriate name. A street may be classified according to type of use, set out in the thoroughfare plan.
"STRUCTURE." Anything constructed or erected which requires location on the ground or attachment to something having a location on the ground, including but not limited to buildings, sheds, detached garages, mobile homes, manufactured homes, above-ground storage tanks, free-standing signs and other similar items.
"SUBDIVIDER." See "Petitioner".
"SUBDIVISION." The division of a parent tract or other piece of land into at least two smaller lots or the combination of two or more smaller lots into one lot so that, either now or in the future, the subdivider can transfer ownership, construct buildings, or establish a use other than vacant, or create new building sites for leasehold, and as further defined in this chapter.
"SUBDIVISION, MINOR." The division or partition of any parcel of land into less than six lots which does not require any new street, place or easement of access.
"SURETY." Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Board of Public Works and Safety.
"THOROUGHFARE PLAN." That part of the Comprehensive Plan which sets forth the approximate location, alignment, dimension, identification improvement, and classification of existing and proposed public streets, highways, and other thoroughfares; and may include rights-of-way or improvements for pedestrians, equestrians or cyclists.
"TRANSPORTATION PLAN." See "Thoroughfare Plan".
"ZONING ADMINISTRATOR." See "Planning Director".
"ZONING DISTRICT." Areas within the City of Kokomo for which uniform zoning regulations governing use, height, area, size, intensity of use of buildings and land, and open spaces about buildings, are established by this chapter. Zoning districts are drawn on the Official Zoning Map.
"ZONING MAP." The official zoning map of the Kokomo, Indiana, denoting zoning districts.
(Ord. 6405, passed 4-10-06)