(A) General.
(1) The word PERSON includes an individual, firm, association, organization, partnership, trust, company, corporation or any other legal entity.
(2) The masculine includes the feminine.
(3) The present tense includes the past and future tense, and the singular number includes the plural.
(4) The word or term SHALL is a mandatory requirement.
(5) The word MAY is a permissive requirement.
(6) The word and term SHOULD is a preferred requirement.
(7) The words USED or OCCUPIED shall be construed to include the words intended, arranged, or designed to be used or occupied.
(8) The word LOT includes the words plot, parcel and tract.
(B) Specific definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. If a term is not listed in the definitions herein, the definition for that term found in the Town of Kouts Zoning Code, as amended from time to time, will apply.
ALLEY. A permanent service right-of-way providing secondary means of access to abutting lands.
BLOCK. A block is a tract of land bounded by:
(a) Streets;
(b) Public parks;
(c) Railroad rights-of-way, when located at or above ground level, but not including sidings or spurs in the same ownership as the zoning lot;
(d) Waterways and shorelines;
(e) Corporate boundary lines of the Town of Kouts;
BOARD OF ZONING APPEALS. The Board of Zoning Appeals of the Town of Kouts, Porter County, Indiana.
BUILDING. A structure designed or intended for shelter, support or enclosure of persons, animals, chattels or property of any kind and is permanently affixed to the land.
BUILDING LINE. A line parallel to the right-of-way line at a distance therefrom equal to the depth of the front yard required for the zoning district in which the lot is located. (Also, see BUILDING SETBACK LINE in this section).
BUILDING, LOWEST ELEVATION OF ENTRANCE. The lowest elevation of access to the structure that will admit flowing water. By illustration and not limitation, the following are examples: door threshold, window sills, garage floor at entrance, walk-out basement door entrance thresholds and window sills in basement windows.
BUILDING SETBACK LINE. A line beyond which a building shall not extend unless varied according to procedures established by ordinance. This is also called a BUILDING LINE.
CHANNEL. A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.
CLEAR SIGHT TRIANGLE. An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of street line.
COMMISSION or PLAN COMMISSION. The Kouts Plan Commission, Kouts, Indiana.
COMMON OPEN SPACE. An area within any development designed and intended for the use or enjoyment of all residents of the development or for the use and enjoyment of the public in general.
COMPREHENSIVE PLAN. A development plan, or any portion thereof, recommended by the Plan Commission and adopted by the Town Council of the Town of Kouts, Porter County, Indiana.
CONSTRUCTION. The placing of construction materials, including landfill, in permanent position and fastened in a permanent manner. Where excavation, demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition or removal shall be deemed construction.
CONTIGUOUS. Abutting adjoining properties.
COUNTY. Porter County, Indiana.
CROSSWALK. A public right-of-way which crosses a block to furnish access for pedestrians to adjacent streets or properties.
CUL-DE-SAC. (See STREET, CUL-DE- SAC, in this section).
CURB CUT. Lowering the grade level to allow motorized vehicular ingress to and egress from property.
CURB LINE. A line located on either edge of the roadway, but within the right-of-way line.
DEVELOPMENT. The construction of new buildings or other structures on zoning lots, the relocation of existing buildings on another zoning lot or the use of open land for a new use.
DEVELOPMENT DENSITY. A unit of measurement; number of dwelling units per acres:
(a) Low: Less than two dwellings per acre;
(b) Medium: 2.0 to 6.0 dwellings per acre;
(c) High: More than six dwellings per acre.
DRAIN, MUTUAL. A drain that:
(a) Is located on two or more tracts of land that are under different ownership;
(b) Was established by the mutual consent of all the owners;
(c) Was not established under or made subject to any drainage statute or ordinance.
DWELLING. A building or portion thereof designed or used exclusively for residential purposes, including single-family, two-family and multiple- family dwellings, but not including mobile homes or other trailers or lodging rooms in hotels, motels or lodging houses.
EASEMENT. A right for one person or persons to use the land owned by another person for a special purpose by grant or necessary implication.
ENGINEER. The person duly appointed and designated as the Engineer of the Town of Kouts, Porter County, Indiana.
ENGINEER, CERTIFIED. A person or firm duly designated and licensed as a certified professional to engage in engineering services under the rules and regulations, laws or authorities of the State of Indiana or any other recognized regulatory authority.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface or overhead gas, electrical, steam, fuel or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals and hydrants in connection herewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety or welfare.
EXCAVATION. Any breaking of ground, except common household gardening and ground care.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land area from the overflow of inland water.
FLOOD PLAIN. Land subject to inundation by the maximum flood of reasonable regional expectancy (100-Year Flood), as determined by the Department of Natural Resources, Division of Water of the State of Indiana or any and all other applicable state and federal regulatory agencies, as defined by the Federal Emergency Management Agency (FEMA).
FLOODWAY. The channel of a river or stream in those portions of the flood plain adjoining the channel which are reasonably required to carry and discharge the flood water or flood flow of any river or stream and as defined by the Federal Emergency Management Agency (FEMA).
FLOODWAY FRINGE. That portion of a flood hazard area outside the limits of the floodway, so designed by the Federal Insurance Administration and as designated by the Federal Emergency Management Agency (FEMA).
FRONTAGE. The contact abutting property with a street which affords unobstructed access to the property.
GRADE. The average level of the finished surface of ground adjacent to the exterior walls of a building.
GREEN STRIP. A solid planing strip, composed of grass and evergreen shrubs.
HALF STREET. One side of a street divided longitudinally.
HEALTH BOARD. The Indiana State Board of Health.
IMPROVEMENTS. Street grading, street surfacing and paving, curb and gutter, sidewalks, crosswalks, water mains and lines, sanitary sewers, drainage facilities, culverts, bridges, utilities and the like.
INSPECTOR. A duly designated repre- sentative of the Town Council or the Plan Commission assigned to make any or all necessary inspections of the development in the Town of Kouts.
LOT. A portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or for development. In determining the size of a lot, no part of a street right-of-way or crosswalk may be included. The lot shall have frontage on an improved public street or on an improved private street and may consist of a single lot of record or a portion of a lot of record.
LOT AREA. The total horizontal area within the lot lines of the lot.
LOT, BUILDING. That part of a lot which is suitable for building purposes or for use as a yard area. The area of the building lot must meet the minimum lot size requirements listed for each zone or use before a building permit may be issued.
LOT, CORNER. A lot at the junction of two or more streets.
LOT, DEPTH. The distance between the front and rear lot lines measured along the median between the side lot lines.
LOT, DOUBLE FRONTAGE. A lot, generally the opposite ends of which both abut on streets, also referred to as a THROUGH LOT.
LOT FRONTAGE. The front of a lot shall be that boundary of a lot along a public street; for a corner lot, the Plan Commission may elect either street as the front lot line.
LOT, INTERIOR. A lot other than a corner lot or a double frontage through street.
LOT LINE, FRONT. The boundary of a lot which abuts a street. On a corner lot, the lot line having the shortest length abutting a street line shall be the front lot line, unless otherwise determined by the appropriate authority of the town.
LOT LINE, REAR. The lot line that is opposite the front lot line and farthest from it, except that in the case of an irregularly shaped lot, it means the lot line ten feet long, parallel to the front lot line and wholly with the lot that is farthest from the front lot line.
LOT OF RECORD. An area of land designated and dimensioned as a lot on a plat of subdivision registered or recorded in the office of the County Recorder of Porter County and which actually exists as so shown.
LOT WIDTH. Distance between the side lot lines as measured on the building line.
LOT ZONING. A tract of land located within a single block, which at the time of filing for a zoning permit, or if no zoning permit is required, at the time of filing for a certificate of occupancy, is designated by its owner or developer as a tract, all of which is to be used, developed or built upon as a unit.
MASTER PLAN. The Comprehensive Land Use Plan, including graphic and written proposals, indicating the general location for streets, parks, schools, public buildings and all physical development of the Town of Kouts, Porter County, Indiana, and includes any unit or part of such plan, and any amendment to such plan or parts thereof. The plan may or may not be recommended by the Plan Commission and/or adapted by the Town Council.
MUNICIPALITY. The Town of Kouts, Porter County, Indiana.
PARKWAY. See PLANTING STRIP.
PERFORMANCE BOND, SURETY BOND. An agreement by a subdivider or developer of the town for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to the plans and specifications within the time prescribed by the agreement.
PERMIT, ZONING. Written authorization allowing construction or use of a parcel of property in conformance with the provisions of the Zoning Code, as amended from time to time, and all other ordinances of the Town of Kouts.
PERSON. Any individual, corporation, firm, partnership, association, organization or any other group which acts as a unit.
PLANNED DEVELOPMENT. A parcel or tract of land, initially under single ownership or control, which contains two or more principal buildings, and one or more principal uses, planned and constructed as a unified development, and where certain regulations of the Zoning Code, as amended from time to time, for the zoning district where it is located are modified with approval.
PLANNED UNIT DEVELOPMENT. The development of an area of land as a single entity for a number of uses, according to a plan which does not correspond in lot size, bulk or type of building, density, lot coverage or required open space to the regulations otherwise required by this Zoning Code, as amended from time to time.
PLANTING STRIP (PARKWAY). A strip of land between the roadway and the sidewalk or sidewalk site.
PLAT. A map or chart indicating the division of land, subdivision or subdivision of land intended to be filed for recording with the Recorder of Porter County, Indiana.
PROPERTY LINE. The line between any lot and contiguous lots.
PUBLIC UTILITY. A person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under federal, state or municipal regulations to the public, gas, steam, electricity, sewage disposal, communication, transportation or water.
RIGHT-OF-WAY. An easement in the land of property owners, obtained by lawful means, for public use, such as a public street.
RIGHT-OF-WAY LINE. The dividing line between a lot and a public street, legally open or officially platted by the town, county or state or over which the owners or tenants of two lots held in a single or separate ownership have the right-of-way.
ROAD, FRONTAGE. Being a local street or road auxiliary to and located on the side of an arterial highway for service to abutting property and adjacent areas and for control of access.
SETBACK. The distance, as measured from the foundation of a structure, required to obtain the minimum front, side or rear yard open space provisions of the Zoning Code, as amended from time to time.
SETBACK LINE. A line established by the Zoning Code, as amended from time to time, generally parallel with and measured from the lot line (property line) defining the limits of a yard in which no buildings, other than accessory buildings or structures may be located above ground, except as may be provided in the Zoning Code, as amended from time to time.
SIDEWALKS. The portion of a street or crosswalk intended for pedestrian use only.
STREET. A public way for purposes of vehicular traffic, including the entire area within the right-of-way. The term STREET also includes the terms highway, parkway, road, roadway, public way, thoroughfare, avenue, boulevard, lane, court, place and other such terms; identified according to type of use as follows:
(a) ARTERIAL STREETS. A system of streets and roads which form an integrated network of continuous routes primarily for through traffic. The arterial system is stratified into principal and minor categories.
(b) COLLECTOR STREETS. A system of streets and roads which serve travel of primarily intra-area and intra-county importance with approximately equal emphasis to traffic circulation and land access service. The collector system is generally further stratified into major and minor categories. The system collects and distributes traffic between the arterial and local systems.
(c) CUL-DE-SAC STREETS. A local street open at one end only and with a special provision for vehicles turning around.
(d) DEAD-END STREETS. A local street open at one end only and without a special provision for vehicles turning around, not to exceed one lot in depth.
(e) FEEDER STREETS. A local street which facilitates the collection of traffic from local streets and which provides circulation within neighborhood areas.
(f) FRONTAGE STREETS. A local street or road auxiliary to and located on the side of an arterial for service to abutting property and adjacent areas and for control of access.
(g) HIGHWAY STREETS. A term applied to streets and roads that are under the jurisdiction of the Indiana State Highway Commission.
(h) LIMITED ACCESS STREETS. A street or road to which abutting properties are denied access.
(i) LOCAL STREETS. A system of streets and roads which primarily provides land access service and access to higher order systems.
(j) LOOP STREET. A local street with both terminal points on the same street of origin.
(k) MINOR ARTERIAL STREETS. A system of streets and roads which link other cities, large towns and traffic generators and provides a substantial amount of interstate and intra-county service in rural areas or interconnects and augments with the principal arterials to provide service to trips of moderate length for intra-community continuity in urban areas.
(l) PARTIAL STREET. A dedicated right-of-way providing only a portion of the required street width, usually along the edge of a subdivision or tract of land.
(m) PERIMETER STREET. Any existing street to which the parcel of land to be subdivided abuts on only one side.
(n) PRINCIPAL ARTERIAL STREETS. A system of streets and roads which serve corridor traffic movements having trip length and travel density characteristics indicative of substantial state-wide or interstate travel or connect major population centers in rural areas or serve major centers of activity and the highest traffic volume corridors with the longest trip desires in urban areas.
(o) PRIVATE STREET. A local street that is not accepted for public use or maintenance which provides vehicular and pedestrian access.
(p) PUBLIC STREET. A street under the control of and kept by the public, established by regular governmental proceeding for the purpose or dedicated by the owner of the land and accepted by the proper authorities and for the maintenance of which they are responsible.
(q) SECONDARY STREET. Street designed to facilitate the collection of traffic from feeder streets and usually located on neighborhood boundaries.
SUBDIVIDER. Any person who undertakes the subdivision of land as defined herein. The SUBDIVIDER may be the owner or the authorized agent of the owner of the land to be subdivided.
SUBDIVISION. The division of any parcel of land into two or more parcels, sites, lots or other divisions of land, any one of which is to be used for other than agriculture purposes; provided, however, that the following divisions of land shall not be considered as a subdivision under the terms of this chapter:
(a) The division of a tract of land into two parcels not involving the provisions of any new streets; widening of existing streets; easements for utilities or access; or the provisions of this chapter or under provisions as determined by the Board;
(b) The division of land into parcels of ten acres or more not involving the provision of any new streets; widening of existing streets; easements for utilities or access; or street, sidewalk or utility improvements as required under the provision of this chapter or under standards as established by the Board.
TOWN. The Town of Kouts, Porter County, Indiana.
TOWN COUNCIL. The Town Council of the Town of Kouts, Porter County, Indiana.
TOWN STAFF. The duly designated official(s) or representative(s) of the Town of Kouts, whether elected, appointed or employed, who are assigned the duties and responsibility of the review and control of planning, development and the like, within the town.
WATERCOURSE. The watercourse shall include channel, creek, ditch, drain, river, swale and stream.
WETLANDS. Areas as defined by the appropriate state and federal agencies.
(Ord. 1995-2, passed 1-3-95)