§ 2.02. Definitions.

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 responsibilities in regard to the processing of these subdivision regulations.

Advisory plan commission. A plan commission serving a single local government jurisdiction established as defined under the Indiana Code.

Affected parties. All owners within one hundred (100) feet of the described lot, parcel or tract of land in which an application is made. A lot shall be a parcel described as a recorded parcel in the Office of the Recorder of Noble County on the date of application. For the purposes of this definition, if the area affected by an application is a portion of the recorded parcel, the entire parcel shall be considered when determining affected parties.

Agency. See "public agency."

Alley. A right-of-way other than a street, road, crosswalk or easement, designed for the special accommodation of the property it reaches.

Applicant. The owner of land proposed to be subdivided or his agent or his legal representative.

Arterial street. That part of the roadway system serving as the principle network for through traffic flow. Arterial streets include street and federal highway systems.

Block. The property abutting one (1) side of a street and lying between the two (2) nearest intersecting streets, or between one (1) intersecting street and railroad right-of-way, unsubdivided acreage, lake, river, or stream; or between any of the aforementioned any other barrier to the continuity of development.

Board of works. The Board of Public Works and Safety of the City of Kendallville, Indiana.

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 board of public works and safety. The city attorney shall approve all bonds wherever a bond is required by these regulations.

Buffer landscaping. Any trees, shrubs, walls, fences, berms, or related landscaping features required under this ordinance or the zoning ordinance 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. (See "screening" also.)

Building. A structure having a roof supported by columns or walls designed, built or used for the enclosure, shelter or protection of persons or property.

Building Code. That City of Kendallville 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 City of Kendallville and its jurisdictional area. Also referred to herein as the City Building Code.

Building official. That official of local government authorized to issue building permits.

Building permit improvement location 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.

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 sewerage 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 meetings.

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.

City. The City of Kendallville, Indiana.

City 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.

Collector street. A street intended to move traffic from local streets to secondary arterials.

Commission. Kendallville Plan Commission.

Commission attorney. The licensed attorney designated by the Commission to furnish legal assistance for the administration of this ordinance 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 City of Kendallville and its jurisdictional areas, prepared and adopted by the common council, 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. Real estate used as a condominium as defined in the Indiana Horizontal Property Law IC 32-1-6-2a, as same may be amended from time to time. A "condominium unit" means an enclosed open space consisting of one (1) or more rooms occupying all or part of a floor or floors in a structure of one (1) or more floors or stories regardless of whether it is designed for residence, for office use, for the operation of any industry or business, or for any other type of independent use. A "condominium unit" may be located in a building containing two (2) or more units or in two (2) or more buildings containing one (1) or more units.

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 ordinance or any other municipal standards as a condition of the approval of the plat.

Council. The Common Council of the City of Kendallville, Indiana.

County recorder. That county official empowered to record and file land description plats.

Cul-de-sac. A local street with only one (1) outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement including public safety vehicles.

Dead-end street. A street or a portion of a street with only one (1) vehicular traffic outlet, and no turnaround at the terminal end.

Designated officials. Those officials of the commission designated in the subdivision ordinance as required signatories for the execution of secondary approval.

Developer. The owner of land proposed to be subdivided or his representative engaged in developing or improving a lot or group of lots or structures thereon for use or occupancy. 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 rights-of-way.

Easement. An acquired privilege of right-of-use or enjoyment which one (1) person may have in the land of another.

Escrow. A deposit of cash with the City of Kendallville in lieu of an amount required and still in force on a performance or maintenance bond. Such escrow funds shall be held in a manner approved by the board of public works and safety.

Exempt subdivision. A dividing of land into parcels having a minimum of three hundred twenty (320) feet of frontage on a public right-of-way and containing five (5) acres or more per parcel and conforms with all zoning restrictions and does not involve any new streets or extensions of city facilities, or the creation of any public improvements. An exempt subdivision may also be the sale or exchange of land between adjoining property owners, where such sale does not create additional building sites. Any partition shall present a certificate of survey by a registered land surveyor as defined by this ordinance upon application for any improvement location permit.

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.

Frontage street. Any street to be constructed by the developer or any existing street in which development shall take place on one (1) or both sides.

Governing body. The body of the relevant local government having the power to adopt ordinances.

Grade. The slope of a street, or other public way, specified in percentage (%) terms.

Health 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 (1) dwelling unit per six thousand (6,000) square feet.

Individual sewage disposal system. A septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device approved by the health department.

Joint ownership. Joint ownership among persons shall be construed as the same owner; "constructive ownership" for the purpose of imposing subdivision regulations.

Jurisdictional area. For planning and zoning, the area incorporated within the city, and any unincorporated territory legally under the jurisdiction of the Kendallville Plan Commission.

Land divider. The owner of a parcel of land to be further divided through making an exempt division.

Landscaping. (See "buffer landscaping and screening.")

Letter of credit. See "bond."

Local street. A street intended to provide access to other streets from individual properties and to provide right-of-way beneath it for sewer, water, and storm drainage pipes.

Lot. A parcel, tract or area of land accessible by means of an improved street or public way having a minimum width of thirty (30) feet, abutting upon a street or place for the minimum distance required by the district. Cul-de-sac lots shall have at least seventy (70) percent of the lot width prescribed for the district in which the lot is located abutting the street or public right-of-way and required lot width at the building line. All lots shall be properly recorded in the office of the county recorder. In determining lot area and boundary lines, no part thereof within a street or other public right-of-way shall be included.

Lot, corner. A lot abutting two (2) or more public streets at their intersection where the interior angle of the intersection does not exceeding one hundred thirty-five (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 (1) dwelling unit per twenty-five thousand (25,000) square feet.

Major subdivision. Any subdivision not classified as a minor subdivision, including but not limited to subdivisions of four (4) 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 that 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 greater than six thousand (6,000), but less than or equal to twenty-five thousand (25,000) square feet per dwelling unit.

Minor subdivision. Any subdivision containing not more than three (3) lots fronting on an existing street which is an improved right-of-way maintained by the city or county not involving any new street 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 provision or portion of the comprehensive plan, official map, zoning ordinance, or this ordinance.

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 (2) lots to be created for display purposes and realty sales associated with the subdivision. Model homes shall be discontinued upon the completion of ninety (90) percent of the lots of the subdivision or phase in which the homes are located.

Monument. A permanent physical structure that marks the location of a corner or other survey point.

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 or shall be submitted under the provision of a planned unit development as defined in the zoning ordinance.

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 city or county pursuant to law showing the existing and proposed streets, highways, parks, drainage systems theretofore laid out, adopted and established by law, and any amendments or additions thereto adopted by the city or county or additions thereto resulting from the approval of subdivision plats by the commission and the subsequent filing of such approved plats.

Official master plan. (See "comprehensive plan.")

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. A person holding any legal, equitable, optional or contractual interest in land.

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.

Plan commission. The plan body as established in accordance with Indiana law, often referred to herein simply as the commission.

Planned unit development. A development in which the developer wishes the flexibility of district regulations governing lot size, yards, setbacks, and building location or size. A planned unit development may be a subdivision which is being developed as unit under single ownership or control whose intent is to sell individual lots or estates, whether fronting on private or dedicated streets.

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 ordinance (per I.C. Sec 36-7-4-700 series: Subdivision Control).

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 (1) or more buildings in cases where ambiguities exist.

Private improvements. A private improvement is any improvement that is not intended to be accepted by the authority having jurisdiction of the improvements. Any private improvements within a development shall be listed as such on the recorded plat. No private improvement shall be considered for public acceptance later than two (2) years after installation without evidence that the improvement meets or exceeds the municipal standards of the City of Kendallville.

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.)

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 though reciprocity.

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 of 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 if 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 subdivisions. This may also be referred to as a replat of a 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 secondary 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. Rights-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.

Screening. Either (a) a strip of at least ten (10) feet wide, densely planted (or having equivalent natural growth) with shrubs or trees at least four (4) feet high at the time of planting, of a type that will form a year-round dense screen at least six (6) feet high; or (b) an opaque wall or barrier or uniformly painted fence at least six (6) feet high. Either (a) or (b) 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 by the plan commission. Where required by the plan commission, a screen shall be installed along or within the lines of a plot as a protection for adjoining or nearby properties. Earth berms may be incorporated as part of such screening measures where appropriate.

Secondary plat. The map, drawing, or plan described in this ordinance of a subdivision and any accompanying material submitted to the commission for secondary approval, and which if approved and signed by the designated officials, may be submitted to the county recorder for recording.

Secondary approval. The stage of application 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.

Setback. The minimum horizontal distance between the building or structure, including steps and unroofed porches, and the adjacent property line, lot line, right-of-way, or easement used for ingress or egress.

Side lot lines. Any line separating two (2) lots other than front or rear lot lines.

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 approval.

Structure. Anything constructed or erected which requires location on the ground or attachment to something having a location on the ground.

Subdivision. Any division of a parcel shall be considered a subdivision for the purposes of this ordinance. A subdivision may include developed or undeveloped property and shall conform to the provision set forth by this ordinance for minor or major subdivisions.

Temporary improvement. Improvements built or maintained by the subdivider during construction of the subdivision and intended to be replaced by a permanent improvement prior to the release of the performance bond or turnaround improvements at the ends of stub streets intended to be replaced when adjoining area is developed and the through street connection made.

Yard. A space on the same lot with a principal building, open, unoccupied and unobstructed by structures, except as otherwise provided in this appendix.

Yard, front. A yard extending across the full width of the lot, unoccupied other than by walks, terraces, driveways, lampposts and similar structures, the depth of which is the least distance between the street right-of-way and the building line. Each street side of a corner and a through lot shall be considered a front yard for zoning purposes.

Yard, rear. A yard extending across the full width of the lot between the rear of the main building and the rear lot line unoccupied other than by accessory buildings which do not occupy more than thirty (30) percent of the required space, the depth of which is the least distance between the rear lot line and the rear of the principle building.

Yard, side. A yard between the principle building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally, at ninety (90) degrees with the side lot line, from the nearest part of the principle building.

(Ord. No. 977, § 1, 8-7-01)