§ 133-2. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrator. The designated administrator is the city planner or his designated representative.

Block means a tract of land bounded by streets and any combination of boundary lines of public or institutionally owned lands, railroad rights-of-way, rivers, lakes, and other lines of demarcation.

Board means the city board of public works and safety.

Bond means any form of security, including cash, surety bond, or financial instrument of credit, as approved by the board of public works and safety, for the purpose of guaranteeing that improvements will be made in a subdivision according to the standards as adopted by the board.

Building setback lines means lines which are parallel to the lot lines in which no building may project closer to the lot lines.

Cemetery means an area set apart for and/or containing graves or tombs, and not bound by the regulations of this chapter.

Commission means the city plan commission.

Comprehensive plan means a plan for the physical development of the community, prepared and adopted by the plan commission, pursuant to state law, and including any part of such plan separately adopted and any amendment to the plan, or parts thereof.

Crosswalk means a right-of-way dedicated to public pedestrian use, which cuts across a block to facilitate pedestrian access between streets and sidewalks.

Developer means the owner of land proposed to be subdivided, or his representative.

Easement means a grant by a property owner to the general public, a public utility, a drainage district, or a private party for the use of land for a specifically stated purpose.

Flood protection regulations means chapter 121, as amended, which sets forth standards as recommended by the National Flood Insurance Program.

Frontage means in the case of an interior lot, a line separating the lot from the street; in the case of a corner lot, the line separating the narrowest street frontage dimension from the street.

Gradient means the slope of a lot, street, or other public right-of-way in terms of percentage.

Improvement means any permanent physical construction associated with subdivision and building site development.

Infrastructure means the fixed public works and facilities necessary in a community, such as, but not limited to, sewers, water systems, streets, sidewalks, street lights, fire hydrants, street name signs, and traffic control signs.

Interested parties means property owners within 300 feet of a proposed subdivision, the staff of the plan commission, and the subdivider.

Lot means a parcel or portion of land separated from other parcels or portions by description as on a subdivision of record or survey map for purposes of sales, leases, or separate use. The term "lot" includes the terms "parcel" and "tract."

Lot, double frontage, means a lot, other than a corner lot, which fronts on two streets.

Major subdivision means any land, vacant or improved, which is subdivided into two or more lots for the purpose of sale, lease, or development, using varying types of financing methods, and includes construction of infrastructure that will be publicly or privately owned.

Minor subdivision means any land, vacant or improved, which is divided into two or more lots for the purpose of sale, lease, or development, using varying types of financing methods, and does not include construction of any infrastructure.

Model home means a dwelling unit used initially for display purposes, which typifies the type of units that will be constructed in the subdivision.

Monument means any permanent marker used to identify the boundary lines of any lot, parcel, tract, street lines, or survey control point for streets.

Owner means any person, firm, association, syndicate, sole proprietorship, corporation, or any other legal entity having title to the land sought to be subdivided under these regulations.

Planned unit development means residential, commercial, or industrial development, or combination thereof, of a tract of land under single ownership or control according to an approved final site development plan.

Plat of subdivision means the drawing on which the subdivider's plan of subdivision is presented to the plan commission for approval, and which, if approved, shall be submitted to the county recorder for filing.

Public utility company means a firm, corporation, municipal department or board duly authorized to furnish or furnishing under regulation to the public, electricity, gas, steam, communication, central antenna television, transportation, drainage, sewer, or water.

Registered engineer means an engineer who is licensed in compliance with the laws of this state.

Registered land surveyor means a surveyor who is licensed in compliance with the laws of this state.

Replat means the process of allowing for an adjustment of a lot line or lines and/or easements, as shown on a recorded subdivision, which may or may not affect any street layout, whether existing or proposed, and may or may not increase the total number of lots within the area proposed to be replatted.

Rerecording means the process allowing for an adjustment of an easement or easements, or correction of a drafting or typographical error, as shown on an approved and recorded subdivision, which does not affect the size or configuration of the lot in question.

Reserve strip means an area of land adjacent to a public right-of-way which is retained in ownership by an individual for the purpose of denying access to adjacent land.

Right-of-way means a strip of land occupied or intended to be occupied by transportation facilities, public utilities, or other special public uses. Rights-of-way intended for any use involving maintenance by a public agency shall be dedicated to the public use by the developer of the property on which the right-of-way is established.

Should means the act referred to is a preferred requirement.

Staff means the staff of the city plan commission.

Standards means a specific and detailed listing of materials and construction methods for subdivision improvements, standards of construction and design, and performance bond schedules as adopted by the board of public works and safety.

Street means a general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way. The term "street" also includes the terms highway, parkway, road, thoroughfare, avenue, boulevard, lane, court, place, drive, trail, terrace, way, and other such terms.

(1)

Arterial means those major streets which serve major centers of activity, have the highest traffic volume, and service a large geographic area.

(2)

Collector means those streets which are used to carry traffic from local streets to arterials, including the principal entrance streets to a residential development and circulation streets within such developments; have a minimum of 60 feet of right-of-way, and are built to current board standards.

(3)

Local means those streets used primarily for access to the abutting property; have a minimum of 50 feet of right-of-way and are built to current board standards.

(4)

Service means streets which are parallel to and adjacent to arterial streets and highways, which provide access to abutting property and protection from through traffic, and have a minimum of 40 feet of right-of-way and are built to current board standards.

(5)

Alley means minor ways which are used as a convenience primarily for public utility service at the rear or side of properties otherwise abutting on a street.

(6)

Cul-de-sac means a short local or service street of not more than 600 feet in length having one end open to traffic and the other end permanently terminated by a vehicle turnaround built to current board standards.

Subdivider means the owner, or duly authorized representative for the owner, of a piece of property either proposed for subdivision or an existing subdivision.

Subdivision means any land, vacant or improved, which is divided into two or more lots for the purpose of sale, lease, or development, using varying types of financing methods. These regulations do not apply to:

(1)

The willing or unwilling sale of land as a result of legal condemnations as defined and allowed by state statutes.

(2)

Widening of existing streets to conform to the comprehensive plan.

(3)

The acquisition of street rights-of-way by a public agency in conformance with the comprehensive plan.

Traffic control devices means all signs, signals, markings, and devices placed or erected by authority of the board, the county department of highways, or the state department of highways for the purpose of regulating, warning, or guiding traffic.

Used or occupied includes the words "intended, arranged, or designed to be used or occupied."

Variance means a modification of the strict terms of the relevant regulations of this chapter where modification will not be contrary to the public interest, and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. Variances in subdivision regulations are granted only by the plan commission as set forth in section 133-201.

Zoning regulations means chapter 137 of the municipal code of the city, as amended.

(Code 1985, § 158.10; Ord. No. 3065, 7-20-1987; Ord. No. 3258, 3-20-1989)