For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING OR USE. A building or use subordinate to another structure or use located on the same lot and which does not change or alter the character of the premises. In no event shall a lot which is not contiguous to the principal use be considered an ACCESSORY USE.
AGRICULTURAL LABOR CAMP (MIGRANT WORKER CAMP). Includes one or more dwellings, mobile homes, tents, or vehicles, together with the land appertaining thereto, established, operated, or used as living quarters for five or more adult, seasonal, or temporary workers engaged in agricultural activities, including related food processing.
AGRICULTURAL USES. The use of a tract of land, for normal agricultural activities including farming and dairy farming, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating, storing, or selling the produce, provided that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.
AMORTIZATION. The process of discontinuing non-conforming land uses.
BOARD. The Board of Zoning Appeals of the county.
BUILDING. A structure having a roof supported by columns or walls designed, built, or used for the enclosure, shelter, or protection of persons, animals, chattels, or property. At no time shall this definition be construed to include mobile homes.
(1) BUILDING, DETACHED. A free standing building having no structural connection with another building.
(2) BUILDING, HEIGHT OF. Where the front of the building is contiguous to the street right-of-way line, the vertical distance measured from the adjoining street centerline.
(3) BUILDING, MAIN. The building which constitutes the principal use of a lot.
(4) BUILDING, NON-CONFORMING. A building, lawfully existing at the time this chapter becomes effective with the regulations set forth in this chapter applicable to the district in which such building is located.
(5) BUILDING, SEMI-DETACHED. A main building having one wall in common with the adjacent main building.
BUILDING SETBACK LINE. The line, established by this chapter, which a building shall not extend beyond unless such line is varied according to procedures in the chapter. This may be applicable to the front, side, and/or rear yard.
CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.
CERTIFICATION OF OCCUPANCY. A certificate issued by the Zoning Administration stating that the occupancy and use of land or building referred to therein complies with this chapter.
CHURCH. A building wherein persons regularly assemble for religious worship which is used only for such purpose and those customarily associated accessory uses.
CLINIC or MEDICAL HEALTH CENTER. An establishment where two or more licensed physicians or dentists engage in active practice. Human patients are examined and studied but not hospitalized overnight.
COMMISSION. The County Plan Commission.
COMMISSIONERS. The Board of County Commissioners.
CONDOMINIUM. Real estate which may be defined as a condominium under I.C. 32-1-6-1, the State Horizontal Property Law, as the same may be amended from time to time.
COUNTY. The County of Adams, State of Indiana.
COURT. An open, unoccupied space on the same lot with a building or group of buildings and bounded on three or more sides by such building or buildings.
COVENANT (DEED RESTRICTION). A private legal restriction on the use of land contained in the deed to the property, normally applied to all lots in any subdivision.
DEVELOPMENT PLAN. A plot plan, and supporting information, delineating the location and characteristics of structures, vehicular and pedestrian areas, utilities, stormwater drainage, signage, landscaping, and other accessory facilities to be constructed, modified, or reconstructed on a parcel or parcels of real estate.
DISTRICT or ZONE. See the definition for ZONE.
DWELLING. A structure or building, or portion thereof, used exclusively for residential occupancy; including single-family, two-family, and multiple-family dwellings, but not including hotels, motels, lodging or boarding houses, or tourist homes.
(1) DWELLING, COMMERCIAL MULTIPLE-GROUP. A group of two or more dwellings occupying a parcel of land in common ownership and having any yard, court, compound, or service in common and resided in by persons not related by family.
(2) DWELLING, MULTIPLE-FAMILY. A dwelling or portion thereof used for occupancy by three or more families living independently of each other.
(3) DWELLING, MULTIPLE-GROUP. A group of two or more multiple dwellings occupying a parcel of land in common ownership and having any yard, court, compound, or service in common and resided in by related family members. (For example, a home with a separate “dawdi haus” on the same real estate parcel.)
(4) DWELLING, SINGLE-FAMILY. A dwelling used for occupancy by one family.
(5) DWELLING, TWO-FAMILY. A dwelling, or portion thereof, used for the occupancy by two families living independently of each other.
DWELLING UNIT. A dwelling or a portion of a two-family or multiple-family, or of an apartment, used by one family for cooking, living, and sleeping purposes.
EASEMENT. An authorization or grant by a property owner to a specific person or to the public to use land for specific purposes.
EDUCATION INSTITUTION. Pre-primary, primary, or grade, public, parochial, or private school, high school preparatory school or academy, public or founded, or owned or conducted by or under the sponsorship of a religious or charitable organization; private preparatory school or academy furnishing courses of instruction substantially equivalent to the courses offered by public high school for preparation of admission to college or university, public or founded, or conducted by or under the sponsorship of a religious or charitable organization, or private when not conducted as a commercial enterprise for the profit of individual owners or stockholders. This definition shall not be deemed to include trade or business school as defined in this chapter.
ESSENTIAL SERVICES. Service lines, distribution systems, and all appurtenances constructed or maintained for or by a utility company for the aforementioned uses, either private or governmental.
FAMILY. An individual, or a group of two or more persons related by blood, marriage, or adoption, together with not more than three additional persons not related by blood, marriage, or adoption, living together as a non-profit single housekeeping unit. However, domestic servants employed on the premises may be housed on the premises without being counted as a member of the FAMILY.
FLOODPLAIN. The areas adjoining any river or stream which have been, or may be expected hereafter to be, covered by flood water as established from data supplied by the Division of Water of the State Department of Natural Resources.
FLOODWAY. The channel of a river or stream, and those portions of the floodplain adjoining the channels, which are required to efficiently carry the discharge of floodwater or flood flow of any river or stream.
FLOOR AREA, GROSS. The sum, in square feet, of the floor areas of all roofed portions of a building, as measured from the interior walls. It includes the total of all space on all floors of a building. It does not include porches, garages, or space in a basement or cellar when said basement or cellar space is used for storage or other such incidental uses. The GROSS FLOOR AREA is generally applied in residential use.
FLOOR AREA, NET. The floor area of the specified use excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms, storage spaces, display windows, fitting rooms, and the like, in a non-residential building.
GARAGE, PRIVATE. A privately owned detached accessory building or a portion of a main building used as an off-street parking area.
GARAGE, PUBLIC. Any building, other than a private garage, used as a public parking area or which is used for repair, rental, greasing, washing, servicing, adjusting, or equipping of motor vehicles.
HAZARDOUS WASTES. Any solid or liquid waste with inherent dangers, including, but not limited to, toxic chemicals, explosives, pathological wastes, radioactive materials, flammable materials likely to cause fires, liquids, semi-liquids, sludges containing less than 30% solids, pesticides, pesticide containers, raw animal manure, septic tank pumpings, and raw or digested sewer sludge.
HOME OCCUPATION. Any gainful occupation or profession conducted entirely within a dwelling and carried on only by an occupant or an occupant’s family residing in that dwelling, which use is clearly incidental and secondary to the use as a dwelling.
HOME WORKSHOP/BUSINESS. A gainful occupation or profession conducted entirely within a dwelling, or in an accessory building located on the same lot, parcel, or tract of land as the dwelling, and carried on by an occupant or an occupant’s family residing in that dwelling and by no more than two employees, associates, or partners who are not members of the family, which use is clearly incidental and secondary to the use as a dwelling.
HOSPITAL. “Sanitarium,” “sanitorium,” or “preventorium,” provided such institution is operated by or treatment given under direct supervision of a physician licensed to practice by the state and where human patients may remain overnight.
HOSPITAL, ANIMAL. A lot, building, structure, enclosure, or premises whereon or wherein three or more dogs, cats, and other domestic animals are kept or maintained and which is operated by, or the treatment therein is under direct supervision of, a veterinarian licensed to practice by the state.
HOTEL and MOTEL. A building, group of buildings, or portion thereof in which more than five guest rooms are provided as temporary accommodations for compensation to transient guests.
IMPROVEMENT LOCATION PERMIT. A permit issued by the Zoning Administration of the county stating that the proposed erecting, construction, enlargement, or moving of a building or structure referred to therein complies with the provisions of this chapter.
INCORPORATION. The mixing of liquid or solid manure with the surface soil using standard agricultural practices, such as tillage.
INJECTION. The placement of liquid manure beneath the surface of the soil in the crop root zone using equipment specifically designed for this purpose.
JUNK. Old scrap copper, brass, rags, batteries, paper, rubber debris, iron, steel, and other old or scrap ferrous or non-ferrous materials or junked, dismantled, abandoned, or wrecked motor vehicles or parts of them.
JUNKYARD. An establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile salvage yard, and the term shall include garbage dumps and sanitary landfills, but shall not include a scrap metal processing facility.
JURISDICTION. The portion of the county lying outside of the limits of incorporated towns and cities with the exceptions as provided in I.C. 36-7-4 and all acts amendatory thereto, as is now or may hereafter be in effect.
KENNEL. A lot, building, structure, enclosure, or premises whereon or wherein dogs or cats are maintained, boarded, bred, kept, or cared for in return for remuneration, or are kept for the purpose of sale or are groomed, trained, or handled for others.
LOT. A parcel of land defined by metes and bounds or boundary lines in a recorded deed or on a recorded plat in the office of the County Recorder and fronting on a legally dedicated public thoroughfare. In determining lot area, no part thereof within the limits of the proposed street right-of-way shall be included.
(1) LOT, CORNER. A lot abutting two or more streets at their intersection.
(2) LOT, DEPTH OF. The distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
(3) LOT, FRONT. The part of a lot adjacent to and parallel with the street. The FRONT OF A CORNER LOT shall be determined at the time of application for the improvement location permit by either the owner, builder, developer, or their agent and the Zoning Administrators.
(4) LOT, INTERIOR. A lot with only one frontage on a street.
LOT LINES. Lines bounding a lot as follows.
(1) LOT LINE, FRONT. The line running along the front of the lot and separating it from the street. In this chapter, the FRONT LOT LINE is called the FRONT STREET LINE. In a “through lot,” both lines abutting the streets are deemed FRONT STREET LINES.
(2) LOT LINE, REAR. The LOT LINE generally opposite and parallel to the front street line except in a “through lot.” If a REAR LOT LINE is less than ten feet long or the lot comes to a point at the rear, said REAR LOT LINE is assumed to be a line at least ten feet long, lying wholly within the lot, parallel to the front street line or if the front street line is curved, parallel to the cord of the arc of said front street line.
(3) LOT LINE, SIDE. Any lot line other than a front street line or a rear lot line. A SIDE LOT LINE separating the lot from a street is a SIDE STREET LINE.
MANUFACTURED HOME. A dwelling unit designed and built in a factory, which bears a seal certifying that it was built in compliance with the Federal Manufactured Housing Construction and Safety Standards Law (1974 U.S.C. §§ 5401 et seq.) or the State One and Two-Family Dwelling Code (675 I.A.C. 14-2.1) or the State Uniform Building Code (675 I.A.C. 13-2 and 675 I.A.C. 13-3) in the case of multiple family dwelling units, which was constructed after January 1,1981, which exceeds 950 square feet of occupied floor space, and which is placed on a permanent foundation.
MANURE APPLICATION. The placement of liquid or solid manure by:
(1) Spraying or spreading onto the land surface;
(2) Injection below the land surface; or
(3) Incorporation into the soil.
MASTER PLAN. The complete plan, or any of its parts, serving as a guide for the development of the county, prepared by or for the Commission and adopted by the Commissioners in accordance with the authority conferred by I.C. 36-7-4 and all acts amendatory thereto, as is now or may hereafter be in effect.
MOBILE HOME. A single-family dwelling of vehicular, portable design built on a chassis and designed to be moved from one site to another and to be used without a permanent foundation. A recreational vehicle shall not be construed to mean a MOBILE HOME in this chapter.
MOBILE HOME LOT. The area of land in a mobile home park intended for the parking of one mobile home.
MOBILE HOME PARK. An area of land used for the parking of two or more mobile homes which are being used for dwelling purposes.
MOTOR VEHICLE. Shall include automobiles, trucks, recreational vehicles, tractors, trailers, semi-trailers, airplanes, buses, farm implements, motorcycles and motorscooters, whether self-propelled or designed to be pushed, pulled, or carried by another motor vehicle.
NON-CONFORMING STRUCTURES. A legally existing building which fails to comply with the regulations set forth in this chapter applicable to the district in which such building is located.
PARKING AREA, OFF-STREET. An area other than on a street or alley, designed for use for the temporary storage of a motor vehicle.
PARKING AREA, PUBLIC. An area, other than a street or alley, used for the temporary storage of four or more motor vehicles and available for public use whether free, for compensation, or as an accommodation for clients or customers.
PLANNED UNIT DEVELOPMENT. A development in which the developer wishes 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 a unit under single ownership or control whose intent is to sell individual lots or estates, whether fronting on private or dedicated streets.
RECREATIONAL VEHICLE. A temporary dwelling for travel, recreation, and vacation use including, but not limited to, travel trailer, pickup coach, motor home, camping trailers, and tent.
RECREATIONAL VEHICLE PARK. An area of land used for the parking of two or more recreational vehicles which are being used for temporary dwelling purposes.
REFUSE PICKUP OR TRANSFER STATION. Those areas where facilities are located for the temporary storage of refuse. These areas may serve as convenient collection points for refuse if contained in approved containers and removed to a final disposal site on a regular basis.
ROOT PARCEL OF LAND. Any parcel of land shown as a unit, or as contiguous units, on the last preceding transfer of property prior to December 1, 1996. A publicly dedicated roadway separating parcels of land shall cause said parcels to be considered to be not contiguous.
SANITARY LANDFILL. A method of disposing of refuse or land without creating nuisances and hazards to public health, safety, and welfare by utilizing principles of engineering and other practices to confine the refuse to the smallest practical volume, covering it with a layer of suitable cover at the conclusion of each day’s operation (or at more frequent intervals as necessary), and is operated in compliance with all federal and state environmental regulations and this chapter.
SCREENING. A structure erected or vegetation planted which eventually is of sufficient height and density for concealing an area from view.
SIGN. Any board, device, structure, or part thereof used for advertising, display, or publicity purposes. SIGNS placed or erected by governmental agencies for the purposes of showing street names, or traffic directions, or regulations for other governmental purposes shall not be included herein.
(1) SIGN, CONSTRUCTION. Any sign announcing the names or architects, engineers, contractors, or other individuals or firms involved with the construction, alteration, or repair of a building project or announcing the character of the building enterprise or the purpose for which the project is intended.
(2) SIGN, ENTRANCE. A sign which is used to identify a planned district or platted subdivision with the intention of providing knowledge about the complete project and not a single entity or unit.
(3) SIGN, FREE STANDING. A sign which is completely or principally self-supported by posts or other supports independent of any building.
(4) SIGN, MARQUEE. A sign displayed, erected, or supported upon an overhanging marquee, canopy, awning, or other similar cover or shelter.
(5) SIGN, OFF-PREMISES. Any sign advertising a business, use, activity, product, or merchandise not sold, handled, or occurring in the property on which the sign is located.
(6) SIGN, ON-PREMISES. Any sign advertising a business, use, activity, product, or merchandise that is sold, handled, or occurring in the property on which the sign is located.
(7) SIGN, POLITICAL. Any temporary sign pertaining to an election or a referendum, or carrying the picture or name of a person seeking election or appointment to a public office.
(8) SIGN, TEMPORARY. A sign which is not permanently installed, such as an advertising display, constructed of cloth, canvas, light fabric, cardboard, or other light material.
(9) NAME PLATE. A sign for residential housing units identifying the occupancy and address of the premise and which may include only house numbers.
SPLIT. A deed of conveyance which is first offered for recordation which is less than all of the real estate contained in the last deed of record. A SPLIT will necessarily be a subdivision of a root parcel, but only if it is first offered for recordation and will create a new tax parcel.
STREET (ROAD). A public way established or dedicated by duly recorded plat, deed, grant, governmental authority, or by operation of law for the purposes of vehicular traffic.
(1) ARTERIAL THOROUGHFARES. This type of facility serves mainly to move through traffic. State and U.S. marked routes, as well as some county roads and important intra-city streets, are considered under this classification. Where a highway is a non-limited access route, these facilities also perform a secondary function of providing direct access to abutting land and this interconnect principal traffic generators.
(2) PRIMARY (MAJOR) ROUTES. These facilities serve to connect cities with each other, as well as to link smaller towns or settlements with the arterial thoroughfares system. PRIMARY ROUTES provide access to abutting land and generally serve all principal traffic generators.
(3) SECONDARY (CONNECTOR) ROADS. These facilities serve intra-city movements of traffic, such as that moving between a subdivision and major street. The principal difference between the CONNECTOR ROAD and streets or roads of higher classification is the length of trip each principally serves. They are intended to supply the abutting property with the same degree of land service as the local street, while at the same time serving larger volumes of traffic.
(4) LOCAL (RESIDENTIAL) STREETS. The sole function of these streets is to provide access to the immediately adjacent property. LOCAL ACCESS STREETS are intended to carry low volumes of traffic.
STRUCTURE. Anything constructed, erected, or placed which requires location on or in the ground, or attached to something having a location on or in the ground. Devices used for the support of wires or appurtenances supplying public utility services shall not be considered as STRUCTURES under this chapter. A home satellite dish for television reception shall be considered a STRUCTURE. Oil wells, derricks, and related equipment, including storage tanks, shall be considered as STRUCTURES. A transmission line and its towers and associated structures shall be permitted by the obtaining of one permit for the entire construction project in the county. If not enforceable due to conflicts with eminent domain, a map showing the location of lines and towers and other needed information shall be requested.
SUBDIVISION. The division of a root parcel of land. All SUBDIVISIONS shall be classified as exempt subdivisions, minor subdivisions, or major subdivisions. There shall be no further division of a subdivision (includes a split off from a root parcel) unless the further division is an exempt subdivision. Any SUBDIVISION of land, whether or not the same is exempt, shall require an accurate plat of survey with improvements and the same shall be placed of record upon recording said sold-off deed pursuant to the terms of § 153.081.
(1) SUBDIVISION, EXEMPT.
(a) The division of a root parcel into not more than three parcels. This will allow two splits of a root parcel;
(b) A court-ordered partition of land;
(c) The division of land by testamentary or intestate succession. (This exemption does not include the division of land by estate personal representatives or by requested court orders where the court order is not merely fulfilling the terms of a testamentary or intestate transfer);
(d) The sale or exchange of parcels or parts thereof, between adjoining lot owners where the sale or exchange cannot create additional building sites (an example might be adjoining landowners exchanging land in order to correct or straighten property lines);
(e) The division of land for purely agricultural purposes, not involving any new public ways or easements, and not reasonably expected to result in new building sites, whether presently or in the future, and includes 20 acres of land per parcel; and
(f) The sale or exchange of a parcel of land by contract, if the contract was executed prior to December 1, 1996.
(2) SUBDIVISION, MAJOR. The division of a root parcel into more than five parcels.
(3) SUBDIVISION, MINOR. The division of a root parcel into five or fewer parcels.
SURFACE APPLICATION. The placement of manure by spraying or spreading onto the land surface.
TOURIST HOME. A building in which one, but not more than five, guest rooms are used to provide or offer overnight accommodations for transient guests, also known as BED AND BREAKFAST INNS.
TRADE OR BUSINESS SCHOOL. Secretarial school or college, business school or college when not public and not owned or conducted by or under the sponsorship of a religious or charitable organization, school conducted as commercial enterprise for teaching instrumental music, dancing, barbering, martial arts, or hair dressing, or for teaching industrial skills in which machinery is employed as a means of instruction. This definition shall not be deemed to include educational institution as defined in this chapter.
USE. The employment or occupancy of a building, structure, or land for a person’s service, benefit, or enjoyment.
(1) USE, CONTINGENT. A use that is essential or desirable to the public convenience or welfare but is not necessarily a permitted use.
(2) USE, NON-CONFORMING. A use that is lawful prior to the adoption of this chapter or by amendments that may later be adopted, but would be prohibited, regulated, or restricted under the terms of this chapter or future amendments.
(3) USE, PERMITTED. A use that is allowed, as of right, within a certain zone.
(4) USE, SPECIAL. A use that is desired in a certain zone, and is not a permitted use, that will not be detrimental to the surrounding area.
VARIANCE. A modification of the strict terms of the relevant regulations of this chapter where such 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.
YARD. A space on the same lot with a main building, open, unoccupied, and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this chapter.
(1) YARD, FRONT. A yard extending across the full width of the lot, the depth of which shall be the least distance between the front lot line and the front of the main building.
(2) YARD, REAR. A yard extending across the full width of the lot between the rearmost main building and the rear lot line, the depth of which should be the least distance between the rear lot line and the rear of such main building.
(3) YARD, SIDE. A yard between the main 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 depth of the required SIDE YARD is measured horizontally at 90-degree angles with the side lot line from the nearest point of the side lot line to the nearest part of the main building.
ZONE. A section of the jurisdictional area of the county for which uniform regulations governing the use, height, area, size, and intensity of use of buildings mid land, and open space about buildings as established by this chapter.
ZONING ADMINISTRATOR. The officer designated and authorized by the Commission to enforce the zoning requirements.
(Ord. 2005-01, passed 2-17-2005; Ord. 2017-04, passed 4-11-2007)