§ 154.050 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   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. (Referred to as Plan Director throughout the chapter.)
   ADVISORY PLAN COMMISSION. A Plan Commission serving a single local government jurisdiction established as defined under the I.C. 36-7-1-2, as amended.
   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.
   BLOCK. A tract of land bounded by streets, or by a combination of streets, public area, railroad right-of-way or other similar natural or human-made boundaries.
   BOARD OF COUNTY COMMISSIONERS. Referred to herein as the COUNTY or COUNTY COMMISSIONERS so as not be confused with the Plan Commission, referred to herein as the Commission.
   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 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 regulations 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. (Also see SCREENING.)
   BUILDING. Any roofed structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind.
   BUILDING CODE. That county ordinance or group of ordinances 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 herein as the COUNTY 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.
   BUILDING SETBACK LINE. A line within a lot or other parcel of land which denotes the area between such line and the adjacent street right-of-way line, where a building and other obstructions are prohibited, except those encroachments that are permitted.
   CAPITAL IMPROVEMENTS 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 SEWAGE 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 take place.
   COLLECTOR STREET. A subdivision which has wider right-of-way and roadway widths, and which is a prime entrance or circulating street. Its primary function is to distribute and collect traffic to and from minor local streets.
   COMMISSION. The County Advisory Plan Commission or Commission as referred to herein; not the Board of County Commissioners, or any other Commission unless so specified.
   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 and economic plans and policies in graphic and verbal statement forms for the development of the county (and the constituent communities within its planning jurisdiction), prepared and adopted by the Commission, pursuant to the state acts, and including any part of such plan and/or policies separately adopted and any amendment to such plan and/or policies, or parts thereof.
   CONDOMINIUM. The division of building(s) and the related land into horizontal property interests meeting the requirements of and controlled by state statutes for condominium as prescribed by I.C. 32-25.
   CONSERVATION SUBDIVISION(S). Alternative method for subdivision designs. The grouping or concentration of dwellings/buildings on lots smaller then otherwise permitted in an existing zoning district in order to preserve quality land and/or open space without increasing the overall allowable density of a development, with the exception of bonus lots based oil conservation areas.
   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 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.
   COUNTY AUDITOR. That 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 ENGINEER. The licensed engineer designated by the county to furnish engineering assistance in the administration of these regulations.
   COUNTY GOVERNMENT. That governmental body of the county empowered to adopt planning and public policy ordinances; the County Commission, herein referred to only as the county.
   COUNTY RECORDER. That county official empowered to record and file land description plats.
   COUNTY TECHNICAL ADVISORY COMMITTEE. A committee established by the county to provide technical services to the Plan Commission in the administration of these regulations.
   CUL-DE-SAC. A minor local street with a single outlet, and is permanently terminated by a vehicle turnaround.
   DEAD-END STREET. A street or a portion of a street with only one vehicular traffic outlet, and no turnaround at the terminal end.
   DESIGNATED OFFICIALS. Those officials of the Commission designated in the subdivision regulations as required signatories for the execution of final 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 streets and driveways, paved or unpaved, which are wholly within private property except where they intersect with other streets within public right-of-way.
   DRIVEWAY. A right-of-way which provides egress or ingress to a residential dwelling unit.
   EASEMENT. A quantity of land set aside over or under which a liberty, privilege or advantage in land without profit is dedicated and is district from ownership of the land, or is granted either to the public, a particular person or a combination of both.
   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 County Auditor.
   EXISTING PARCEL. The parcel from which an applicant wishes to subdivide a smaller parcel from.
   FINAL APPROVAL. The stage of applications 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 filing.
   FINAL PLAT. The map, drawing or plan described in this chapter of a subdivision and any accompanying material submitted to the Commission for final 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 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. That 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 intersection.)
   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 as 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 body of the relevant local government having the power to adopt ordinance.
   GRADE. The slope of a street, or other public way, specified in percentage terms.
   HEATH 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.
   HOMESTEAD PARCEL. The smaller parcel being subdivided from the existing parcel.
   HOUSING CODE. That county ordinance controlling the continuing safety and healthfulness of buildings for human occupation within the county’s jurisdiction. Also referred to herein as the COUNTY HOUSING CODE.
   INDIANA CODE. The code of laws for the State of Indiana. (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. Any trees, shrubs, walls, fences, berms or related landscape features required under this chapter or the zoning regulations on private lots for the visual enhancement and definition of frontage along public rights-of-way.
   LOCAL STREET. A street intended to provide access to other streets from individual properties and to provide right-of-way beneath if 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 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 at least two but not more than three lots fronting on an existing street or road which is an improved right-of-way maintained by an approved covenants or dead agreement or by the county (or other local government), not involving any new street(s) or the 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 provisions of portion of the Comprehensive Plan, official map, zoning regulations or this chapter.
   MOBILE HOME. A transportable structure larger than 320 square feet, designed to be used as a year-round residential dwelling, and built prior to the enactment of the Federal Mobile Home Construction and Safety Act of 1974, being 42 U.S.C. §§ 5401 et seq., which became effective for all mobile home construction on June 15, 1976.
   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.
   NET BUILDABLE. The portion of a lot that can be developed with buildings, septic system and water well.
   NO-ACCESS STRIP. A land area at least 12 feet wide along the rear lot lines of double frontage lots and abutting a major street within which no private vehicular driveway shall be permitted. Walkways may be permitted.
   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 county pursuant to law showing the existing and proposed streets, highways, parks, drainage systems and setback lines theretofore laid out, adopted and established by law, and any amendments or additional thereto adopted by the county or additions thereto resulting from the approval of subdivision plats by the Commission and the subsequent filing of such approved plats.
   ONE LOT SUBDIVISION. Any subdivision containing a single parcel when divided from the original parcel and when built upon will contain one single-family dwelling, not involving any new street or affecting the remainder of the parcel or adjoining property, and not in conflict with any provisions or portions of the Comprehensive Plan, official map(s), zoning regulations or this chapter.
   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. Includes any person, firm association, partnership, private corporation, public or quasi-public corporation or a combination of any of these, or other legal entity having sufficient proprietary interest in the land sought to be subdivided or divided to commence and maintain proceedings under the provisions of this chapter.
   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 identifications.
   PEDESTRIAN WAY. A right-of-way across or within a block designated for pedestrian use.
   PERIMETER STREET. Any existing street to which the parcel of land to be subdivided abuts on only one side.
   PLAN COMMISSION. The Putnam County Plan Commission.
   PLAN DIRECTOR. The County Planner, Plan Director, Zoning Administrator or Administrator as defined in this section.
   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 county zoning regulations but requiring under that 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 complies 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 Indiana 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 of a building to a rear lot line and that rear lot line, extending to the side lines of the lot, and 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 or through reciprocity permitted to practice in the State of Indiana.
   REGISTERED PROFESSIONAL ENGINEER. An engineer properly licensed and registered in the State of Indiana or permitted to practice in Indiana 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 Indiana Department of Natural Resources, reached by the regulatory flood at the locations in question relevant to approval of a given subdivision under consideration.
   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 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 is 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 subdivision.
   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. RIGHT-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.
   ROADWAY. That portion of the street designated for vehicular use.
   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.
      (1)   Either:
         (a)   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
         (b)   An opaque wall or barrier or uniformly painted fence at least six feet high.
      (2)   Either division (1)(a) or (1)(b) 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 regulations.
      (3)   Where required by the zoning regulations, a screen shall be installed along or within the lines of a plot as a protection for adjoining or nearby properties.
      (4)   Earth berms may be incorporated as part of such screening measures where appropriate.
   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 education plants, hospitals, major recreational areas, churches, and offices and/or designated 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 county zoning regulations.
   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.
   SIDEWALK. That portion of the street right-of-way designated for pedestrian use.
   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 regulations to be submitted to the Commission for primary approval.
   SOIL SURVEY. The National Cooperative Soil Survey prepared by the United States Department of Agriculture, Soil Conservation Service, in cooperation with Purdue University.
   STATE ACTS. Such legislative acts of the State of Indiana as they affect these regulations.
   STATE PLAN COORDINATE SYSTEM. A system of plane coordinates, based on the Transverse Mercator Projection for the Western Zone of Indiana, established by the United States Coast and Geodetic Survey for the State of Indiana.
   STREET. A right-of-way which affords primary means of access by pedestrians and vehicles to abutting properties, whether designated as a street, a venue, highway, road, boulevard, easement or however otherwise designated.
   STREET, 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 improvements, reconstruction, realignment and necessary widening, including provision for curbs and sidewalks, each existing street, highway and right-of-way, and those located on approval and filed plats, have been designated on the official map of the county 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 county and its present and estimated future traffic volume and its relative importance and function as specified in the County 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.
   STREET, RIGHT-OF-WAY WIDTH. The distance between property lines measured at right angles to the centerline of the street.
   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:
      (1)   Having a proprietary interest in land, causes it, directly or indirectly, to be divided into a subdivision;
      (2)   Directly or indirectly sells, leases or develops, or offers to sell, lease or develop, or advertise for sale, lease or development, any interest, lot, parcel site, unit or plat in a subdivision;
      (3)   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; and
      (4)   Is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing.
   SUBDIVISION.
      (1)   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 of development of land zoned for residential and nonresidential uses, whether be deed, metes and bounds description, devise, intestacy, lease, map, plat or other recorded instrument.
      (2)   (a)   The following kinds of division of existing parcels of land are herein called EXEMPT DIVISIONS.
         (b)   EXEMPT I DIVISIONS must be one of the following types of division:
            1.   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;
            2.   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;
            3.   A division of land for federal, state or local government to acquire street right-of-way;
            4.   A division of land for the transfer of a tract or tract between adjoining lots provided that no additional principal use building sites are created by the division;
            5.   A division of land into cemetery plots for the purpose of burial of corpses;
            6.   A homestead variance shall be granted by the County Board of Zoning Appeals if the following conditions are met:
               a.   The homestead parcel designated for the request is the larger of the following:
                  i.   Three acres; or
                  ii.   An acreage estimated by the County Health Department to be large enough for a primary and backup septic system.
               b.   The existing parcel, before and after the proposed subdivision, meets all bulk and frontage requirements for the district it is in;
               c.   The homestead parcel contains a pre-existing single-family dwelling; and
               d.   The homestead parcel shall have a minimum lot frontage on road of 200 feet.
            7.   A division of land from the parent parcel that meets the development standards or homestead variance ordinance The remaining parent parcel must meet the development standards.
   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, 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 DESIGN STANDARDS. The basis land-planning principles established as guides for the preparation of preliminary plans and final plats.
   SUBDIVISION, EXEMPT. See SUBDIVISION.
   SUBDIVISION, MAJOR. See MAJOR SUBDIVISION.
   SUBDIVISION, MINOR. See MINOR SUBDIVISION.
   TECHNICAL ADVISORY COMMITTEE. The Committee as defined in Article II, § 10, Page 2 of the Rules of Procedure for the County Advisory Plan Commission.
   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.
   TERRAIN CLASSIFICATIONS. Shall be as follows:
 
Ordinary
Cross slope range 0—8%
Rolling
Cross slope range 8.1%—15%
Hilly
Cross slope range over 15%
 
   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 county ordinance, as codified in Chapter 155 of this code of ordinances, setting forth the regulations controlling the use of land in the unincorporated areas and in those jurisdictions within the county not controlling land use through their own zoning ordinances. Also referred to as the COUNTY ZONING ORDINANCE.
(Ord. passed 7-20-1992; Ord. 1993-4-19, passed 4-19-1993; Ord. 1999-10-18, passed 10-18-1999; Ord. 2002-12-16, passed 12-16-2002; Ord. 2012-6-18-01, passed 6-18-2012; Ord. 2013-03-18, passed 3-18-2013; Ord. 2013-4-1-A, passed 4-1-2013; Ord. 2013-4-13-1, passed 4-15-2013; Ord. 2014-1-21, passed 1-21-2014)