For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. (The word BUILDING includes the word STRUCTURE and vice-versa.)
ABUTTING. Real property to a depth of two ownerships or 660 feet from property in question.
ADJOINING. Sharing an edge or a boundary; touching.
ALLEY. A permanent public service way providing only a secondary means of vehicular access to the back or side of property otherwise abutting a street. An ALLEY does not include a frontage street or commercial service drive.
APPLICANT. The owner of land proposed to be subdivided or his or her agent or his or her legal representative.
BLOCK. A unit or property bounded by streets and/or railroad rights-of-way, waterways, or other definite barriers.
BLOCK FRONTAGE. Property having frontage on one side of a street and lying between the two nearest intersecting or intercepting streets, or a street with a waterway, or other definite barrier.
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 Town Attorney. All BONDS shall be approved by the Town Attorney wherever a bond is required by these regulations.
BUILDABLE AREA. The portion of the lot remaining after required yards or setback lines have been provided. Buildings may be placed in any part of the BUILDABLE AREA, but if there are limitations on the amount of the lot which may be covered by buildings, some open space may be required within the BUILDABLE AREA.
BUILDING. A structure having a roof supported by posts, poles, columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels, or property. When separated by party walls, without any opening through walls, each portion of such a BUILDING shall be considered a separate structure.
BUILDING, DETACHED. A building having no structural connection with another building.
BUILDING, FRONT LINE OF. The actual line of any portion of the building, including the overhang, nearest the front lot line, in contrast to the front setback line.
BUILDING LINE or BUILDING SETBACK LINE. The line which establishes the minimum depth of yard, beyond which no building or structure is permitted, as measured from the right-of-way line or the lot line. For the purpose of this chapter, the proposed right-of-way lines according to the Thoroughfare Plan of current adoption will be considered as the street lines for lots bordering such streets and thoroughfares.
BUILDING PERMIT. A permit signed by the Plan Commission staff stating that a proposed improvement complies with the provisions of Chapter 150 and such other parts of this Code of Ordinances, as may be applicable.
CERTIFICATE OF OCCUPANCY. A certificate signed by the Plan Commission staff stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this Code of Ordinances.
COMMERCIAL SERVICE DRIVE. A street other than a frontage street that runs parallel or generally parallel to the frontal street and mainly located in the space to the rear of the building(s).
COMMISSION or PLAN COMMISSION. The Town Advisory Plan Commission.
COMMON AREA. Space or parcels within or related to a development, not in individually owned lots or dedicated for public use. but which is designated and intended for the common use or enjoyment of the residents of the development.
COMPREHENSIVE PLAN. The Comprehensive Plan for Trafalgar. Indiana, Resolution 2011-04, adopted April, 11, 2011, as may be amended from time to time, according to the requirements of I.C. 36-7-4-500 et seq.
CONDOMINIUM. The division of building(s) and the related land into horizontal property interest meeting the requirements of and controlled by Indiana statutes for condominiums as prescribed by I.C. 32-25.
CONSERVATION DISTRICT. Johnson County Soil and Water Conservation District.
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.
COUNCIL. The Trafalgar Town Council.
COUNTY. Johnson County, Indiana.
COVENANTS. A series of formal, sealed, binding agreements or laws.
CUL-DE-SAC, COURT, or DEAD-END STREET. A residential street having one end open to traffic and being permanently terminated by a vehicle turn-around.
DESIGN STANDARDS AND SPECIFICATIONS MANUAL. The document, its appendices and any subsequent revisions and additions, that is approved by the Town Council and that sets forth the standards and specifications for public improvements in the town, which is incorporated herein by reference.
DEVELOPER. The owner of land or his representative proposing changes to a parcel or parcels of land, including development, lot improvement or subdivision of land. See DEVELOPMENT, IMPROVEMENT, LOT, and SUBDIVISION.
DEVELOPMENT.
(1) Any man-made change to improved or unimproved real estate including, but not limited to:
(a) Construction or placement of a building greater than 400 square feet, construction of any addition to a building, and reconstruction;
(b) Installing a manufactured home at a site, preparing a site for a manufactured home or installing a travel trailer on a site for more than 180 days;
(c) Installing utilities, erection of walls and fences, construction of roads, or similar projects;
(d) Construction of flood control structures such as levees, dikes, channel improvements, and the like;
(e) Mining, dredging, filling, grading, paving, excavation, or drilling operation;
(f) Construction and/or reconstruction of bridges or culverts;
(g) Storage of materials; or
(h) Any other activity that might change the direction, height, or velocity of flood or surface waters.
(2) DEVELOPMENT does not include activities such as the maintenance of existing buildings and facilities such as painting, re-roofing, resurfacing roads; or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent buildings.
DIRECTOR OF PLANNING AND ZONING . The official, or his or her designee, authorized to enforce this chapter of the code and other chapters pertaining to planning, zoning and building construction.
DRAINAGE BOARD. The Johnson County Drainage Board.
EASEMENT. A right of the owner of one parcel of land, by reason of such ownership, or a right of the public, to use the land of another for a special purpose as designated; a strip of land to be used by the general public, a corporation, a utility company, or a certain person for a specific reason, for purposes of providing services to property. The property owner shall be responsible for maintaining the area within EASEMENTS on their property.
FLOODPLAIN. The area adjoining a river, stream, wetland, lake, or watercourse that has been or may hereafter be covered by flood water from the regulatory flood.
FRONTAGE. That side of a lot abutting on a street or public 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.
FRONTAGE STREET. A street that runs parallel to the public street or highway and located within the space between the building(s) and the public street or highway.
GRADE. The slope of a street, or other public way, specified in percentage terms.
IMPROVEMENT LOCATION PERMIT. A permit which may be combined with a building permit signed by the Plan Commission staff stating that a proposed improvement or use complies with the provisions of the Zoning, Building, and Subdivision Control Ordinances.
(1) A TEMPORARY IMPROVEMENT LOCATION PERMIT is an IMPROVEMENT LOCATION PERMIT authorized by the Board of Zoning Appeals or staff with a definite time limit attached thereto.
IMPROVEMENT, LOT. Any building, structure, place, 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 improvement shall require financial guarantee as provided in the applicable regulations.
JURISDICTION OF THE PLAN COMMISSION. The territory within the Town of Trafalgar, Indiana, the boundaries of which are shown on the Official Zoning Map, as amended, which includes all of the area over which this chapter is effective.
LOT. A parcel, plat, tract, or area of land intended as a unit for the purpose, whether immediate or future, of offer, sale, lease, transfer of ownership, or development, either on the installment plan or on any and all other plans, terms, and conditions, including re-subdivision. 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 or treated as one, or it may be a parcel of land described by metes and bounds. However, in no case shall any residual lot or parcel be created which does not meet the requirements of this chapter. In determining lot area and boundary lines, no part thereof within a street shall be included.
LOT AREA. The total horizontal area within the lot lines of a lot, computed exclusive of any portion of a street, existing or proposed.
LOT, CORNER. A lot at the junction of and having frontage on two or more intersecting streets. For the purpose of this chapter, CORNER LOTS are considered to have two front yards and two side yards.
LOT COVERAGE. The total area of a lot that is covered, roofed, occupied, or enclosed by principal and accessory buildings and structures, expressed as a percentage of the lot area.
LOT, DEPTH OF. The mean horizontal distance between the front lot line and the rear lot line or side lot lines for corner lots.
LOT, FLAG. A lot that gains access to a street by means of a corridor having less than the required lot width. Also known as a PANHANDLE LOT.
LOT FRONTAGE. The linear distance of a lot measured at the front lot line where the lot abuts a street, measured between side lot lines.
LOT, INTERIOR. A lot other than a corner lot or through lot.
LOT LINE. The property line between two established parcels of land or one parcel and a public right-of-way or place.
LOT LINE, FRONT. A line separating the lot from the public way.
LOT LINE, REAR. 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.
LOT LINE, SIDE. Any lot boundary line not a front lot line or a rear lot line.
LOT OF RECORD. A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder, or a parcel of unplatted land, the deed to which has been recorded in the office of the County Recorder, provided that such lot was of a size that met the minimum dimensions for lots in the district in which it was located when recorded, or was recorded prior to January 12, 2004.
LOT, THROUGH. A lot having frontage on two parallel, or approximately parallel streets. Also DOUBLE FRONTAGE LOT.
LOT, WIDTH. The dimension of a lot, measured between side lot lines on the front building line.
OWNERS’ ASSOCIATION. A corporation or other entity that is organized and operated exclusively for the benefit of two or more persons who each own a lot in fee simple and acts, in accordance with the articles, bylaws, and other documents governing the entity to:
(1) Acquire, transfer, manage, repair, maintain, or engage in construction on or in the land and improvements on the land related to the use of the lots owned by the members of the corporation;
(2) Purchase insurance to cover a casualty or an activity on or in the land and improvements on the land; or
(3) Engage in an activity incidental to an activity described in divisions (1) or (2).
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 identification.
PERSON. A corporation, firm, partnership, association, organization, or any other group acting as a unit, as well as a natural person.
PLAN COMMISSION STAFF. The Director of Planning and Zoning, his or her designees, and/or other persons designated by the Plan Commission to advise them on matters pertaining to planning and zoning.
PLAT. A series of drawings, certificates and covenants indicating the subdivision or re-subdivision of land, either filed or intended to be filed for record.
PRACTICAL DIFFICULTIES. Significant economic injury that arises from the strict application of this chapter to the conditions of a particular, existing parcel of property. PRACTICAL DIFFICULTIES are not as significant as the injury associated with hardship, that is, it does not deprive the parcel owner of all reasonable economic use of the parcel, yet they are clearly more significant than compliance cost.
PRIMARY APPROVAL. An approval that may be granted by the Plan Commission and signed by the President of the Plan Commission on a plat of a subdivision which complies with the procedures, standards of improvements, and conditions have been met by the applicant as required by this code. PRIMARY APPROVAL is a final decision of the Plan Commission inasmuch as it may be subject to judicial review.
PUBLIC WAY. A street, frontage street, or road, not an easement or an alley.
REAR ACCESS DRIVE. A drive which accesses the street or right-of-way through the rear of the property.
REGULATORY FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year, as calculated by a method and procedure that is acceptable to and approved by the Indiana Department of Natural Resources and the Federal Emergency Management Agency. The REGULATORY FLOOD is also known by the term BASE FLOOD, 1% ANNUAL CHANCE FLOOD, and 100-YEAR FLOOD.
REPLAT. A subdivision 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 previous subdivision or plat.
RULES OF PROCEDURE. The Rules of Procedure adopted by resolution by the Plan Commission.
SECONDARY APPROVAL. An approval that may be granted by the Plan Commission and signed and certified by the President of the Plan Commission on a plat of the subdivision which the Plan Commission has already given its primary approval before it can be filed with the County Auditor and recorded by the County Recorder, and the improvements and installations have been completed as required by this code or, if the improvements and installations have not been completed as required, the applicant therefore has provided a bond or other proof of financial responsibility in accordance with the requirements of this chapter.
SETBACK. The required minimum horizontal distance, measured perpendicularly, between the building line and the related front, side, or rear property line.
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 ordinance to be submitted to the Commission for primary approval.
STREET. A public right-of-way, other than an alley, or place dedicated or otherwise legally established for public use, usually affording the principal means of vehicular travel or passage. 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 may be classed as limited access highways to which entrances and exits are provided only at controlled intersections and access is denied to abutting properties. ARTERIAL STREETS may be divided subcategories, such as primary and secondary, in accordance with this chapter, the Zoning Code, Comprehensive Plan, and/or Thoroughfare Plan.
(2) STREET, COLLECTOR. A street planned to facilitate the collection of traffic from residential streets and to provide circulation within neighborhood areas and convenient ways for traffic to reach arterial streets.
(3) STREET, LOCAL. A street designated primarily to provide access to abutting properties, usually residential. Certain residential streets may be marginal access streets parallel to arterial streets, which provide access to abutting property and ways for traffic to reach access points on arterial streets.
SUBDIVIDER. Any person who (1), having a proprietary interest in land, causes it, directly or indirectly, to be divided into a subdivision; or who (2), directly or indirectly sells, leases, or develops, or offers to sell, lease, or develop, or advertises for sale, lease, or development, any interest, lot, parcel site, unit, or plat in a subdivision; or who (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 who (4) is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing.
SUBDIVISION. Any land, vacant or improved, which is divided or proposed to be divided, into two or more lots, parcels, sites, units, plots, 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 re-subdivision. SUBDIVISION includes the division or development of either residential or non-residential zoned land, whether by deed, metes and bounds description, or other recorded instruments.
SUBDIVISION, EXEMPT. Subdivisions of lots of record that meet any of the following conditions:
(1) 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.
(2) A division of land for the acquisition of street right-of-way or easement.
(3) A division of land for the sale or exchange of tracts between adjoining land owners, provided that no additional building lots are created by the division.
(4) A division of land for the sale or exchange of tracts to correct errors in an existing legal description, provided that no additional building lots are created by this division.
(5) A division of land into cemetery plots for the purpose of burial of corpses.
(6) Final survey corrections of property lines for townhouses and other attached dwellings, after construction, when the perimeter boundaries of the original parcel are in conformance with the previously recorded plan.
(7) Consolidation of more than one lot into a single lot or tract, provided that prior easements are vacated when such easements were recorded along property lines to be eliminated and no perimeter lot lines are modified.
(8) A division which is proposed to be legally effectuated by eminent domain proceedings.
SUBDIVISION, MAJOR. A subdivision that is not a minor subdivision and that creates more than four total lots (including any remaining tract) and/or that requires the creation of any new public improvements.
SUBDIVISION, MINOR. A subdivision that (1) results in the creation of four or fewer total lots (including any remaining tract), each of which fronts on an existing street and (2) does not include the construction of any new public improvements. MINOR SUBDIVISIONS may include the upgrade of existing public improvements such as the construction of sidewalks, the dedication of additional street right-of-way along an existing street, and/or the extension of utility services to the new lots.
TECHNICAL REVIEW COMMITTEE (of the Plan Commission). A committee whose purpose is to make recommendations to the Plan Commission and Board of Zoning Appeals concerning standards, design and impact upon streets, utilities, facilities for planned unit development proposals, subdivision plans, and development plans; the Board of Zoning Appeals may also request the COMMITTEE to review variance requests and conditional uses.
THOROUGHFARE PLAN. The part of the Comprehensive Plan for the town, 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 for the town within its environs.
TOWN. The Town of Trafalgar, Indiana.
UTILITY EASEMENT. A perpetual easement granted to any private or public utility or municipal department, their successors and assigns, within the area shown on the plat and marked “Utility Easement,” to install, lay, construct, renew, operate, maintain and remove conduits, cables, pipes, poles and wires, overhead or underground.
YARD. A space on the same lot with a building, which is open, unoccupied and unobstructed by structures, except as otherwise provided in this code.
YARD, FRONT. A yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lamp posts, and similar appurtenances, the depth of which is the distance between the front lot line and the building line.
YARD, REAR. Yard extending across the full width of the lot between the rear of the principal building and the rear lot line unoccupied other than by accessory buildings, and steps, walks, terraces, driveways, lamp posts and similar structures, the depth of which is the least distance between the rear lot line and the rear of such principal building.
YARD, SIDE. A yard between the building and side lot line, extending from the front yard or from the front lot line where no front yard is required, to the rear yard, unoccupied other than by architectural appurtenances projecting not more than 24 inches from the building, or open or lattice-enclosed fire escapes or fireproof outside stairways, projecting not more than four feet, and certain accessory uses in accordance with the provisions of this chapter. The width of the required SIDE YARD is measured horizontally at 90 degrees with the side lot line from the nearest point of the building.
ZONE MAP. The map authorized by § 152.004 that shows the boundaries of and areas covered by the zoning districts of the town, and any amendments thereto.
ZONING ORDINANCE. The ordinance and Zone Map that provide regulations and requirements and procedures for land use controls and development standards, and which indicate where subdivision of land may occur; specifically, Chapter 152, the Zoning Code, of the Town of Trafalgar Code of Ordinances.
(Ord. 2018-003, passed 4-19-2018)