For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ADMINISTRATOR." An official, having knowledge in the principles and practices of subdividing, who is appointed by the Plan Commission (Board, Council) to administer this chapter and regulations.
"APPLICANT." The owner of land proposed to be subdivided or his representative. Consent shall be required from the legal owner of the premises.
"BLOCK." Property abutting on one side of a street, and lying between the two nearest intersecting or intercepting streets, or between the nearest intersecting or intercepting street and railroad right-of-way, waterway, or other definite barrier.
"BOARD OF WORKS." The City Board of Public Works and Safety.
"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 governing body. All bonds shall be approved by the governing body whenever a bond is required by these regulations.
"BUILDING." Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind, and includes any structure.
"BUILDING SET BACK LINE." The line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of buildings and structures and the front lot line.
"COMMISSION." The City Plan Commission.
"CONDOMINIUM." A multiple family dwelling in which each resident, known as a condominium owner, enjoys exclusive ownership of his individual apartment or dwelling unit by holding fee simple title thereto, while retaining an undivided interest as a tenant in the common facilities and areas of the building, or buildings and grounds in combination, which are used by all the residents. The relationship among owners of condominium units is defined by a "Condominium Document." This definition shall include cooperatives.
"COUNCIL." The Common Council of the city.
"COVENANT." A written promise or pledge.
"CUL-DE-SAC", "COURT", or "DEAD END STREET." A short street having one end open to traffic and being permanently terminated by a vehicle turn-around.
"DEDICATION." The setting apart of land or interests in land for use by the public by ordinance, resolution, or entry in the official minutes as by the recording of a plat.
"DEVELOPER." Any person engaged in developing or improving a lot or group of lots or structures thereon for use or occupancy.
"EASEMENT." A grant by the property owner of the use of a strip of land by the public, a corporation, or persons, for specified purposes.
"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. It is that side of a lot abutting a street and ordinarily regarded as the front of the lot.
"IMPROVEMENT." Any alteration to the land or other physical constructions associated with subdivision and building site development.
"JURISDICTION OF THE COMMISSION" or "JURISDICTIONAL AREA." The city and the contiguous unincorporated territory shown on a map filed by the Plan Commission with the County Recorder of Henry County, as permitted by IC 36-7-4-701.
"LOT." A parcel, tract, or area of land accessible by means of a street or place, and for residential uses as set forth in this chapter, abutting upon a street or place for at least 60% of the lot width prescribed for the district in which the lot is located. It may be a single parcel separately described in a deed or plat which is recorded in the office of the County Recorder, or it may include parts of or a combination of such parcels when adjacent to one another and used as one. In determining lot area and boundary lines no part thereof within the limits of a street shall be included.
"LOT LINE."
(1) "FRONT LOT LINE." In the case of an interior lot, a line separating the lot from the street or place; and in the case of a corner lot a line separating the narrowest street frontage of the lot from the street, except in cases where deed restrictions in effect specify another line as the "FRONT LOT LINE".
(2) "REAR LOT LINE." A lot line which is opposite and most distant from the front lot line, and in the case of an irregular or triangular shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.
(3) "SIDE LOT LINE." Any lot boundary line not a front lot line or a rear lot line.
"MASTER PLAN" or "COMPREHENSIVE PLAN." The complete plan, or any of its parts, for the development of the city and unincorporated jurisdiction prepared by the Plan Commission and adopted in accordance with IC 36-7-4-101 et seq., as is now or may hereafter be in effect.
"MONUMENT." Any permanent marker either of concrete, galvanized iron pipe, or iron or steel rods, used to identify any tract, parcel, lot, or street lines.
"PLACE." An open, unoccupied, officially designated space other than a street or alley, permanently reserved for use as the principal means of access to abutting property.
"PLAT." A map or chart indicating the subdivision or resubdivision of land, intended to be filed for record.
"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 the right-of-way is established.
"SETBACK." The distance between a building and the nearest street right-of-way line or property line regardless of whether it is the front, side, or rear of the building. It is an imaginary line established by Ch. 152 that requires all buildings to be set back a certain distance from property lines.
"STREET." A right-of-way, other than an alley, dedicated or otherwise legally established to the public use, usually affording the principal means of access to abutting property. A "STREET" may be designed as a "highway", thoroughfare", "parkway", "boulevard", "road", "avenue", "drive", or other appropriate name.
"SUBDIVIDER." Any person engaged in developing or improving a tract of land which complies with the definition of a "subdivision" as defined in this chapter.
"SUBDIVISION."
(1) The division of any parcel of land shown as a unit, as part of a unit or as contiguous units on the last preceding transfer of ownership thereof, into two or more parcels, sites, or lots, any one of which is less than five acres in area, for the purpose, whether immediate or future, of transfer of ownership; provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall not be considered a "SUBDIVISION", or,
(2) The improvement of one or more parcels of land for residential, commercial, or industrial structures or groups of structures, involving the "SUBDIVISION" and allocation of land as streets or other open spaces for common use by owners, occupants, or lease holders, or as easements for the extension and maintenance of public sewer, water, storm drainage, or other public utilities and facilities.
(Ord. 2285, passed 4-16-79)