(A) For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows:
(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, the singular number includes the plural.
(4) The word "shall" is a mandatory requirement, the word "may" is a permissive requirement, and the word "should" is a preferred requirement.
(5) The words "used" or "occupied" include the words "intended, arranged, or designed to be used or occupied."
(6) The word "lot" includes the words "plot," "parcel," and "tract."
ALLEY. A public thoroughfare, which affords only secondary means of vehicular access to abutting property, and not less than 20 feet right-of-way or more than 30 feet right-of-way in width.
APPLICANT. The owner of land proposed to be subdivided or his or her 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 nearest intersecting or intercepting street and railroad right-of-way or waterway, public parks, cemeteries, or town boundary line.
BUILDING SET-BACK LINE. The line nearest the front and across a lot establishing the minimum open space to be provided between the front of buildings and structures and the front lot line.
BUILDING SITE. An area proposed or provided by grading, filling, excavating, or other means for erecting pads, slabs, or foundations for buildings.
COMMISSION. The Waterloo Plan Commission.
COUNTY. The County of DeKalb, Indiana.
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.
DWELLING. A fixed structure or building, containing one or more dwelling units.
DWELLING UNIT. A room or group of rooms designed and equipped exclusively for use as living quarters for only one family and its household employees, including provisions for living, sleeping, cooking, and eating. The term shall include mobile homes but shall not include travel trailers or recreational vehicles.
EASEMENT. An authorization or grant by a property owner to specific persons or to the public to use land for specific 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.
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 for building development. The lot shall be of suitable size as required in this chapter and the existing zoning ordinance.
MANUFACTURED HOUSING/MODULAR HOME. An off-site (factory) constructed, transportable structure designed for permanent, residential occupancy when placed on a foundation and connected to utilities. Modular homes shall be constructed utilizing two or more units and joined on site to create one whole structure. Modular units shall not be less than 40 feet in length. Modular houses must meet or exceed the Indiana one- and two-family dwelling code. Prefabricated homes and other such implied terms shall be deemed to be the same as modular homes.
MASTER PLAN. The complete plan, or any of its parts, for the development of Waterloo, prepared by the Commission and legally adopted.
MOBILE HOME. A factory-constructed, transportable structure designed for permanent residential use when placed upon a foundation and connected to utilities. The minimum length of a mobile home shall not be less than 35 feet, excluding the hitch and other transporting appurtenances, with a total floor area of not less than 350 square feet. Mobile homes must meet or exceed federal and state mobile home construction codes.
OWNER. Any person, firm, association, syndicate, partnership, corporation, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations.
PERFORMANCE BOND. An amount of money or other negotiable security paid by the subdivider or his or her surety to the Town Clerk/Treasurer which guarantees that the subdivider will perform all actions required by the Plan Commission regarding an approved plat and provides that if the subdivider defaults and fails to comply with the provisions of an approved plat, the subdivider or his or her surety will pay damages up to the limit of the bond, or the surety will itself complete the requirements of the approved plat.
PLANNED UNIT DEVELOPMENT. A subdivision designed as a combination of residential, commercial, and/or industrial uses planned for a tract of land to be developed as a unit under single ownership or control, which is developed for the purpose of selling individual lots or estates, whether fronting on private or dedicated streets, which may include two or more principal buildings.
PLAT. A drawing, map, chart, plan, or replat indicating the subdivision or resubdivision of land, including certificate, descriptions, and approvals intended to be filed for record.
PLAT, SECONDARY. The final and formal presentation of the map, plan, or record of a subdivision and any accompanying material, as described in these regulations.
PLAT, PRIMARY. 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.
PLAT, SKETCH. An informal sketch preparatory to the preparation of the primary plat (or final plat in the case of minor subdivisions) to save time and expense in reaching general agreement with the Administrator as to the form of the plat and the objectives of these regulations.
RESUBDIVISION (REPLAT). A change in a map for an approved or recorded subdivision plat if such change effects any street layout on such map or area reserved thereon for public use, or any lot line: or if it affects any map or plat legally recorded prior to the adoption of any regulations controlling subdivisions.
RIGHT-OF-WAY WIDTH, STREET. The distance between property lines measured at right angles to the center line of the street.
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 the zoning ordinance that requires all buildings to be set back a certain distance from property lines.
SETBACK, FRONT. The distance between a building and the street right-of-way line nearest thereto as established by the zoning ordinance.
STREET. A public thoroughfare, whether designated as a street, highway, parkway, road, avenue, lane, boulevard, or however otherwise designated, 50 feet or more in width between property lines, which affords principal means of vehicular access to abutting property.
STREET, ARTERIAL. An arterial street interconnects with expressways and freeways providing a continuous high mobility network which primarily services regional and intra-county traffic.
STREET, COLLECTOR. Distributes traffic from the arterial system to neighborhood street systems (minor collectors and local), generally operating with a moderate service level and traffic volume.
STREET, INDUSTRIAL. A street which, by virtue of its location or design, primarily serves as an access to industrial property or serves to conduct traffic from industrial land to a higher classification street.
STREET, LOCAL. A local street provides direct access to and from individual homesites, generally has a low service level, and discourages through traffic.
STRUCTURE. Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards, poster panels, and pools.
SUBDIVISION. A division of a lot, tract, or parcel of land into two or more lots or other divisions of land for the purpose, immediate or future, of transfer of ownership, or development, including all changes in street or lot lines. Divisions of land for agricultural purposes in parcels of five or more acres, not involving any new street or easement of access, shall not be interpreted as a subdivision. The term includes resubdivision; and when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
SUBDIVISION, MAJOR. All subdivisions not classified as minor subdivisions, including but not limited to subdivisions of four or more lots, or any size subdivision requiring any new street or extension of the local government facilities or the creation of any public improvements. See § 152.04(A).
SUBDIVISION, MINOR. Any subdivision containing not more than three lots fronting on an existing street, not including any new street or road, or the extension of municipal facilities, or the creation of any new public improvements, and not adversely affecting the remainder of the parcel for adjoining property, and not in conflict with any provision or portion of the Master Plan, Thoroughfare Plan, Zoning Ordinance, or these regulations. See § 152.04(A).
TERRITORIAL JURISDICTIONS. The unincorporated portions, within the planning jurisdictional area of Waterloo, Indiana.
THOROUGHFARE PLANS. The part of the Master Plan which sets forth the location, alignment, and dimensions of existing and proposed public streets, highways, and other thoroughfares.
TOWN. The Town of Waterloo, Indiana.
(‘92 Code, § 150.15)