For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense include the future tense. The term “shall” is always mandatory. Definitions contained herein are specific to this chapter. Providing that these definitions are in conflict with other ordinances then the meaning(s) contained herein shall apply. Definitions contained in I.C. 36-7-1 shall take precedence over the definitions contained herein.
ADDITION. A group of lots, or contiguous parcels of land added, or sought to be added, to a municipality. Or any action sought to develop a group of lots or contiguous parcels to be added to a municipality in the future. This definition also includes the definition of SUBDIVISION.
ADMINISTRATOR. The Land Use and Zoning Administrator of the City of Tell City. The ADMINISTRATOR, if appointed, is a deputy of the Director of Planning and Zoning. If no deputy is appointed ADMINISTRATOR means the Director of Planning and Zoning, pursuant to I.C. 36-7-4 et seq.
ALLEY. A public thoroughfare primarily designed to serve as access to the side or rear of properties where principal frontage is on some other street. Alleys may also serve as easements and access for utilities. Alleys generally will not be approved for the development of future residential areas, unless unusual circumstances require them.
BLOCK. A unit of property bounded by streets, or by street or railroad rights-of-way, waterways, or other barriers. Blocks are required to have unique block names, numbers or other designations for identification. Blocks must comply with the requirements of the City Zoning Ordinance.
BLOCK FRONTAGE. Property abutting on one side of a street, and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, waterway, or other barrier.
BUILDING SET BACK LINE, BUILDING 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.
CITY. The City of Tell City, Indiana.
COMMISSION. The Tell City Plan Commission.
COMPREHENSIVE PLAN (MASTER PLAN). The complete plan, or any of its parts, for the development of the city and its environs, prepared by the Commission and adopted in accordance with I.C. 36-7-4. This chapter is part of, and a supplement to, the Comprehensive Plan Code Chapter 153.
CONSERVATION DISTRICT. The Perry County Soil and Water Conservation District.
COUNTY. Perry County, Indiana.
COVENANT. A recorded agreement between buyer and seller of a piece of property specifying what may or may not be done with the subject property. Covenants approved by the Advisory Plan Commission, and recorded with the County Recorder, run with the land and may not be abrogated without approval of the Advisory Plan Commission. Covenants not approved by the Advisory Plan Commission shall not be recorded and shall not run with the land. Covenants are not valid if they violate federal, state, county or city laws, ordinances or regulations.
CROSS WALKWAY, CROSS WALK. A strip of land dedicated to public use, which is reserved across a block to provide pedestrian access to adjacent areas.
CUL-DE-SAC (A COURT OR DEAD-END STREET). A short residential street having one end open to traffic and being permanently terminated at the other end by a vehicle turn-around.
DEVELOP. To plat or replat land or to make a development; also to do any grading or filling of land, whether un-developed or already subdivided, so as to change the drainage or the flow of water, or to do any work upon or to the land that is capable of future use as a subdivision or development of building sites. To install buildings, public facilities, drainage facilities, utilities or other facilities serving lots and blocks to be sold for use for any purpose. Also means any substantial excavation of land other than for agricultural uses.
DEVELOPER (OR SUB-DIVIDER). Any person engaged in developing or improving lands, or structures thereon, for use or occupancy.
DIRECTOR OF PLANNING AND DEVELOPMENT. The Administrator of Zoning, the Administrator of Building Codes, or other persons designated by the Common Council to Administer the land use laws.
EASEMENT. A grant by the property owner of the use of a strip of land by the public, a corporation, or persons, for one or more specified purposes. Easements are usually defined for use by utilities for the construction, operation and maintenance of utility infrastructure or system. An EASEMENT is a right of use or right of access. An EASEMENT may be restrictive. A restrictive easement must be defined on the recorded plat.
JURISDICTION OF THE COMMISSION. The City of Tell City, Indiana, and the contiguous unincorporated territory shown on a map, and/or an area described by meets and bounds, which is filed with the Perry County Recorder.
LEASE. To rent or to permit the possession of, or right of possession, or right of use, for a consideration, of a lot, parcel, tract, land, or group of lots, parcels, tracts, or lands, for a definite or indefinite period.
LOT. The smallest subdivision of land described in a plat recorded with the Perry County Recorder and which complies with the requirements of I.C. 36-7-3 et seq. or I.C. 36-7-4-700 et seq. In determining lot area and boundary lines no part thereof within the limits of a street, either existing or proposed, shall be included. Lots are required to have unique numbers for purposes of identification in accordance with I.C. 36-7-3-3(a)(3). Lots must comply with the requirements of this chapter, and the City Zoning Ordinance.
LOT, DOUBLE FRONTAGE. A lot, other than a corner lot, which fronts on two streets.
MARGINAL ACCESS STREET. A road which parallels a major arterial street providing access from abutting property and separated from the highway by a common dividing strip, or by double frontage lots.
MASTER PLAN - COMPREHENSIVE PLAN. The complete plan or any of its parts, for the development of the city and its environs (see COMPREHENSIVE PLAN).
NO ACCESS EASEMENT. Public easement along a public right-of-way across which the access to the property is not permitted.
OWNER. Any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land, sought to be subdivided, to commence and maintain proceedings to subdivide or develop the same under this chapter. The owner may be separate from the developer but has joint and several responsibility to the Commission for compliance with all land use ordinances and this chapter.
PARCEL. An ownership, lot plat, or part of an ownership, lot or plot, or any designated group or lots or ownerships.
PERFORMANCE BOND OR SURETY BOND. A personal or corporate surety agreement between a developer or sub-divider, and such surety that may be approved, in favor of a governmental body, governmental unit, or private entity, guaranteeing the completion of physical improvements, or other requirements of this chapter, according to plan and specifications within the time prescribed by the sub-divider’s agreement (also see PERFORMANCE GUARANTEE AND SURETY).
PERFORMANCE GUARANTEE. Any guarantee, which may be accepted by a governmental body or governmental unit, in lieu of a requirement that certain improvements be made before the Commission approves the record plat, including by way of illustrating but not limitation, performance bonds, escrow agreements, deposit agreements, and other similar collateral or surety arrangements approved as valid and enforceable by the Commission (also see PERFORMANCE BOND AND SURETY).
PERSON. A corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person. If the person is other than a natural person then articles of incorporation, partnership, association and the like will be required as proof of the right to petition. Proof of power of attorney may be required of an individual acting on behalf of the person.
PETITIONER. The owner of the property which is the subject of a petition, or other person qualified to appear for the owner. A developer, if the developer is not the owner. If the petitioner is other than a natural person then a power of attorney or other significant proof of the right to petition may be required with, and at the time of, the petition.
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 and included pertinent information, accurately and thoroughly describing the subdivision or re-subdivision of land, which is intended to be filed for the permanent record.
PRIMARY APPROVAL. The initial approval granted by the Advisory Plan Commission and which is sufficient approval for the Developer to initiate improvements in accordance with the conditions ordered by the Plan Commission pursuant to I.C. 36-7-4-702 et seq. PRIMARY APPROVAL does not contain any element of secondary approval.
PRIMARY PLAT (PROVISIONAL PLAT). The map, and supporting information, indicating the proposed layout and conditions, applying to the subdivision which is presented to the Commission, for consideration and approval, in accordance with state law and this chapter. Also see OVERALL PROVISIONAL PLAT.
REPLAT. A subdivision of land or plat, the site of which has heretofore been platted or subdivided with lots or parcels of land. It may include all or any part of a previously recorded subdivision or plat or a change in condition of a parcel of land dedicated for use as a street or to other public service. Certain transactions may, for practical reasons, be excluded herein.
RECORD PLAT. A map, chart or drawing, in final form, along with supporting information, showing the sub-divider’s plan of subdivision containing all information or detail required by state law, and by this chapter, to be presented to the Plan Commission for approval, and which if approved, may be duly filed or recorded by the applicant in the Office of the Perry County Recorder.
SECONDARY PLAT APPROVAL (SECONDARY APPROVAL). Follows Primary Approval. The approval granted by the Advisory Plan Commission after all requirements of Primary Approval have been met, inspected and certified, pursuant to I.C. 36-7-4-710. (See § 150.050)
STREET OR THOROUGHFARE. A right-of-way, other than an alley or place, dedicated or otherwise legally established to the public use, usually affording the principal means of access to abutting property. A street may be designated as a highway, thoroughfare, park-way, boulevard, road, avenue, land, drive, or other appropriate name, in compliance with the Thoroughfare Plan Ordinance Code (old Chapter 34). A street may also be identified according to type of use, as follows:
(1) STREET, ARTERIAL. A street designated for large volumes of traffic movement. Certain arterial streets should be classified as limited access highways to which entrances and exits are provided only at controlled intersections and access is denied to abutting properties. Arterial streets are divided into two categories: primary and secondary.
(2) STREET, FEEDER (or COLLECTOR). A street planned to facilitate the collection of traffic from residential streets, and to provide circulation within the neighborhood areas and for convenient ways for traffic to reach arterial streets.
(3) STREET, RESIDENTIAL. A street designated primarily to provide access to abutting properties, usually residential. Certain residential streets parallel to arterial streets, which provide access to abutting property and ways for traffic to reach access points on arterial streets (also see CUL-DE- SAC).
(4) Any other designation provided for in the Tell City Thoroughfare Plan.
STREET (OR ALLEY) IMPROVEMENT. The construction, or re-construction, of a street or alley to its full design standard and pavement thickness, commencing at the sub-grade according to the specifications contained in, or referred to, in this chapter of the Tell City Code. The placing of a new surface over an existing paved or closed surface street or alley shall not be considered as an improvement but as necessary maintenance.
STREET WIDTH. The shortest distance, at right angles to the centerline, between the lines which delineate the right-of-way.
SUB-DIVIDER. Any person or persons, firm or corporation engaged in developing or improving a tract of land which complies with the definition of a subdivision as defined in this chapter (also see DEVELOPER).
SUBDIVISION (verb). The act of division, or re-division, of any parcel of land, separately described in a deed on record in the Office of the County Recorder, into two or more contiguous parcels, sites or lots in accordance with provisions contained in this chapter.
SUBDIVISION (noun). A contiguous group of parcels or lots, with integral provisions for necessary infrastructure including but not limited to streets, alleys, easements or lands set aside for future public uses all of which comply with provisions contained in this chapter pursuant to I.C. 36-7-1-19.
SURETY. A person, corporation or other entity that ensures or guarantees, by becoming liable for an obligation, that any debt or obligation under this chapter will be paid, performed, or otherwise liquidate the liability for the obligation. (Also see PERFORMANCE BOND AND PERFORMANCE GUARANTEE).
THOROUGHFARE PLAN. The part of the Master Plan, now or hereafter adopted, which includes a major street and highway plan and sets forth the location, alignment, dimensions, identification, and classification of existing and proposed streets, highways, and other thoroughfares; specifically, Chapter 34, as amended or succeeded.
ZONING ADMINISTRATOR. A staff position of the Advisory Plan Commission whose duties include the administration of all matters pertaining to land use and planning. (Also See ADMINISTRATOR).
ZONING ORDINANCE. The part of the Comprehensive (Master) Plan, whether current or hereafter amended, which includes an ordinance and zone map which divides the jurisdiction of the Commission into zoning districts, with regulations and requirements and procedures for the establishment of land use controls, specifically the City Zoning Ordinance.
(Ord. 970, passed 3-5-2007)