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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE or STRUCTURE. One which is subordinate to and serves a principal building or principal use; is subordinate in area, extent, or purpose to the principal building or principal use served; contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served; and is located on the same lot as the principal building or principal use served, with the single exception of such accessory off-street parking facilities as are permitted hereinafter to locate elsewhere than on the same lot with the building or use served.
AGRICULTURE. The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of such accessory uses shall be secondary to that of normal agriculture activities and further provided that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals.
ALLEY or LANE. A public or private way not more than 20 feet wide affording only secondary means of access to abutting property.
ALTERATIONS. As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
APARTMENT. A suite of rooms or a room in a multi-family building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.
APARTMENT HOUSE. See DWELLING, MULTI-FAMILY.
BASEMENT. A story whose floor is more than 12 inches but not more than half of its story height below the average level of the adjoining grounds (as distinguished from a CELLAR which is a story more than one-half below such level). A basement, when used as a dwelling, shall be counted as a story for purposes of height measurement, and as a half-story for purposes of side yard determination.
BEGINNING OF CONSTRUCTION. The incorporation of labor and materials within the walls of the building or buildings.
BOARD. The Board of Zoning Appeals of the City of Aurora, Indiana.
BOARDING or LODGING HOUSE. A building or portion thereof where meals and/or lodging are provided, for compensation, for five or more persons not transients.
BUILDING. Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements as hereinafter provided.
BUILDING, HEIGHT OF. The vertical distance measured from the average elevation of the proposed finished grade at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
CELLAR. A story the floor of which is more than one-half of its story height below the average level of the adjoining ground at the exterior walls of the building. A cellar, when used as a dwelling, shall be counted as a story for purposes of height measurement.
CITY. City of Aurora, Indiana.
CITY ENGINEER. That engineer so designated by the Common Council for the purpose of this chapter.
CLINIC. A place used for the care, diagnosis and treatment of sick, ailing, infirm and injured humans, but who are not provided with board or room nor kept overnight on the premises.
CLUB. A nonprofit association of persons who are bona fide members organized for some common purposes and paying regular dues; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
COMMERCIAL RECREATIONAL. The use of land for recreational uses designed or motivated for profit, to include marinas, driving ranges, golf courses, miniature golf courses, batting cages, gym facilities, billiard games or game rooms, etc.
COMMISSION, PLAN. The Plan Commission of the City of Aurora, Indiana.
COMMON COUNCIL. The Common Council of the City of Aurora, Indiana.
CONDITIONAL USE. A use that is permitted, but only by application to the Board in each specific instance, and after a determination by the Board that all regulations and standards of this chapter applying to the specific use in the particular location will be met, along with such additional conditions or safeguards as the Board may prescribe in the specific case and circumstances in order to prevent harm or injury to adjacent uses, the neighborhood, and/or in order to improve the public health, safety, convenience, comfort, prosperity, and general welfare.
CORNICE. A horizontal molded projection crowning a building or structure.
COUNTY. Dearborn County, Indiana.
COURT. An unoccupied open space, other than a yard, on the same lot with a building, which is surrounded wholly or in part by the walls of such building.
DISTRICT. A portion of the territory of the City of Aurora within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DISTRICT, MORE RESTRICTED OR LESS RESTRICTED. Each of the districts in the following list shall be deemed to be more restricted than any of the districts succeeding it, and each shall be deemed to be less restricted than any of the districts preceding it: R-1, R-2, R-3, A, B-1, B-2 and M.
DUMP. A lot or land or part thereof used primarily for the disposal by abandonment, dumping burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.
DWELLING. Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, boarding or lodging house, motel, hotel, tourist home, and trailer or trailer coach.
DWELLING, MULTI-FAMILY. A building or portion thereof designed for or used exclusively for residence purposes by three or more families living independently of each other.
DWELLING, ONE-FAMILY. A building designed for or used exclusively for residence purposes by one family.
DWELLING, TWO-FAMILY. A building designed for or used exclusively for residence purposes by two families living independently of each other.
ENCROACHMENT PERMIT. A permit required to request permission to encroach on the following public right-of-way, which is defined as follows: any public street, way, place, alley, sidewalk, easement, park, square, median, parkway, boulevard or plaza that is dedicated to public use, or owned by the city, except for those rights- of-way owned by the Indiana Department of Transportation located within the city.
ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance, by public utilities or governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
FACADE. The face of a building that looks onto a street or open space.
FAMILY. A person living alone, or two or more persons living together as a single housekeeping unit, in a dwelling unit, as distinguished from a group occupying a boarding or lodging house, motel or hotel, fraternity or sorority house.
FOOTCANDLES. A measurement of illuminance or light intensity that is cast on a surface and being the measurement of lumens per square foot.
GARAGE, PRIVATE. A garage used for storage purposes only and having a capacity of not more than four motor vehicles or not more than two motor vehicles per family housed in the building to which such garage is accessory, whichever is greater.
GARAGE, PUBLIC. Any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
HISTORIC PRESERVATION COMMISSION or HPC. A seven-person board set up to approve applications for certificates of appropriateness (CPAs) required for signs and external changes to buildings and resources within the Downtown Historic District. They work with property and business owners to maintain historic appearances.
HOME OCCUPATION. An accessory use of a service character customarily conducted within a dwelling by only the residents thereof, which is clearly secondary to the use of the dwelling for living purposes, does not change the character thereof or require alterations to accommodate the use, and of which there is no exterior evidence other than a small nameplate, and which does not involve the keeping of a stock-in-trade in connection therewith. The practice of a single physician, surgeon, dentist or other professional person, including an instructor in violin, piano, or other individual musical instrument limited to a single pupil at a time, who offers skilled services to clients, and is not professionally engaged in the purchase or sale of goods, shall be deemed to be HOME OCCUPATIONS; and the occupations of dressmaker, milliner, or seamstress, each with not more than one paid assistant shall be deemed to be HOME OCCUPATIONS. Dancing instruction, musical instrument instruction in groups, tea rooms, tourist homes, beauty parlors, barber shops, real estate offices, hospitals, kennels, mortuary establishments, and stores, trades or business of any kind not herein excepted shall not be deemed to be HOME OCCUPATIONS.
HOSPITAL. Unless otherwise specified, the term HOSPITAL shall be deemed to include sanitarium, sanitorium, preventorium, rest home, nursing home, convalescent home and any other place for the diagnosis or treatment of human ailments or the care of humans, except a CLINIC.
HOTEL. Any building or portion thereof used as a temporary abiding place for remuneration, with or without meals, containing 12 or more guest rooms or suites where no provision for cooking is made in any individual room or suite, except hospitals and jails.
IMPROVEMENT LOCATION PERMIT. A document issued by the Zoning Inspector authorizing buildings, structures and/or uses consistent with the terms of this chapter and for the purpose of carrying out and enforcing its provisions.
JUNK YARD. Any area where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including motor vehicle wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including establishments where such uses are conducted entirely within a completely enclosed building, and not including establishments for the sale, purchase or storage of used cars in operable condition, or storage of materials incidental to manufacturing operations.
KENNEL. Any premises, or portion thereof, on which four or more dogs, cats and/or other household domestic animals over four months of age are kept, or on which more than two such animals are maintained, boarded, bred or cared for in return for remuneration or kept for the purpose of sale.
LAND USE PLAN. The long-range plan for the desirable use of land within the city and within the unincorporated territory within the extraterritorial jurisdiction of the Plan Commission, as officially adopted and as amended from time to time.
LINTEL. A horizontal support of timber, stone, concrete, or steel across the top of a door or window.
LOADING SPACE. An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
LOT. Any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record, that is recognized and intended as a unit for the purpose of transfer of ownership.
LOT AREA. The computed area contained within the lot lines.
LOT, CORNER. A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street lines is the "corner."
LOT, DEPTH. The mean horizontal distance between the front and the rear lot lines measured in the general direction of the side lot lines.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINES. The property lines bounding the lot.
LOT LINE, FRONT. The line separating the lot from a street. On a corner lot, the front lot line shall be the street lot line having the least dimension.
LOT LINE, REAR. The lot line opposite and most distant from the front lot line.
LOT LINE, SIDE. Any lot line other than front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.
LOT LINE, STREET OR ALLEY. A lot line separating the lot from a street or alley.
LOT OF RECORD. A lot which is a part of a subdivision, the plat of which has been recorded in the office of the Recorder of Dearborn County, Indiana; or a parcel of land, the deed to which was recorded in the office of said Recorder prior to the adoption of this chapter.
LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets.
LOT WIDTH. The mean horizontal width of the lot measured at right angles to its depth.
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 of 1974 [42 U.S.C. § 5401 et seq.].
MARQUEE. Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
MOTOR VEHICLE REPAIR, MAJOR. General repair, rebuilding or reconstruction of engines, motor vehicles or trailers; collision services including body, frame, or fender straightening or repair; overall painting or paint shop, vehicle steam cleaning.
MOTOR VEHICLE REPAIR, MINOR. Incidental body or fender work, other minor repairs, painting and upholstering, replacement of parts and motor service to passenger cars and trucks not exceeding 1-1/2 tons capacity, but not including any operation named under MOTOR VEHICLE REPAIR, MAJOR, or any other similar thereto.
MOTOR VEHICLE or TRAILER SALES AREA. An open area, other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
MOTOR VEHICLE SERVICE STATION or FILLING STATION. A place where gasoline or other motor fuel, lubricants, tires, batteries, accessories and supplies for operating and equipping motor vehicles are sold at retail to the public and deliveries are made directly into or onto motor vehicles, incidental battery, brake, muffler and tire service, washing and polishing.
NONCOMMERCIAL RECREATIONAL. The use of land for recreational purposes not designed or motivated for profit including free and open city parks, sports fields for general public use, organized league sports, or recognized recreational nonprofit clubs (YMCA, YWCA, Boys or Girls Clubs of America, Boy or Girl Scouts and the like).
NONCONFORMING USE. A use of a building or land legally existing at the time of adoption of this chapter, or any amendment thereto, and which does not conform with the use regulations of the district in which located.
OCCUPIED SPACE. The total area of earth horizontally covered by the structure excluding accessory structures such as, but not limited to, garages, patios and porches.
PARKING AREA, PRIVATE. An open area for the same uses as a private garage.
PARKING AREA, PUBLIC. An open area, other than a street or other public way, used for the parking of automobiles or other motor vehicles and available to the public whether for a fee, or as an accommodation for clients or customers.
PARKING SPACE. An area, either within a structure or in the open, exclusive of driveways or access drives, for the parking of a single motor vehicle.
PLANNED UNIT DEVELOPMENT. An area of land in which a variety of uses are planned and developed as a whole according to comprehensive and detailed plans with more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations.
PUBLIC PARK OR RECREATION AREA. Public land which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities.
PUBLIC UTILITY. Any person, firm, corporation, governmental department or board, duly authorized to furnish and furnishing under state or municipal regulation to the public, electricity, gas, steam, communications, telegraph, transportation, or water.
RELIGIOUS INSTITUTION. Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
RESIDENTIAL DISTRICT OR USE. A single family, duplex, townhouse, multiple family, or mobile park or subdivision and campground as defined in the City of Aurora Zoning Code, regardless of whether such use is a conforming use or non-conforming use. A RESIDENTIAL USE shall also include any structure containing a residential dwelling or rooming unit that is otherwise in compliance with this chapter.
SCHOOL. Any public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. SCHOOL includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.
SETBACK. The distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.
SEXUALLY ORIENTED BUSINESS. For the purposes of this chapter, SEXUALLY ORIENTED BUSINESS shall be defined as it is in § 114.02 and any subsequent amendments thereto.
(1) ADULT ARCADE. An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or descriptions of “specified sexual activities” or “specified anatomical areas.”
(2) ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE. A commercial establishment which has as a significant or substantial portion of its stock- in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale, rental for any form of consideration, of any one or more of the following:
(a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
(b) Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
(c) An establishment may have other principal business purposes that do not involve the offering for sale rental or viewing of materials depicting or describing “specified sexual activities” or “specified anatomical areas,” and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe “specified anatomical areas” or “specified sexual activities.”
(3) ADULT CABARET. A nightclub, bar, restaurant "bottle club", or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: (a) persons who appear nude, semi-nude or in a state of nudity; (b) live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities,” or (c) films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
(4) ADULT MOTEL. A motel, hotel or similar commercial establishment which: (a) offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, or (b) offers a sleeping room for rent for a period of time less than ten hours; or (c) allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.
(5) ADULT MOTION PICTURE THEATER. A commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” are regularly shown for any form of consideration.
(6) ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of “specified anatomical areas” or by “specified sexual activities.”
(7) ESCORT. A person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
(8) ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purpose for a fee, tip, or other consideration.
(9) MASSAGE PARLOR. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of, or in connection with “specified sexual activities,” or where any person providing such treatment, manipulation, or service related thereto, exposes his or her “specified anatomical areas.” The definition of sexually oriented business shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by an licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.
(10) NUDE MODEL STUDIO. Any place where a person, who regularly appears in a state of nudity or displays “specified anatomical areas” is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
(11) SEXUAL ENCOUNTER ESTABLISHMENT. A business or commercial establishment, that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of “specified sexual activities” or the exposure of “specified anatomical areas” or activities when one or more of the persons is in a state of nudity or seminude. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
SIGN. Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.
(1) ABANDONED SIGN. A sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product or activity, or for which no legal owner can be found.
(2) ANIMATED SIGN. Any sign that uses movement or change of lighting to depict action or create a special effect or scene.
(3) AWNING/CANOPY SIGN. A sign that is painted on or attached to the vertical face of an awning or canopy.
(4) BANNER. Any sign of lightweight fabric or similar material that is mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.
(5) BEACON. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move.
(6) BILLBOARD. A sign which directs attention to a business, use, service, activity, commodity, or profession which is not conducted, sold or offered at the same lot where such sign is located.
(7) BUILDING MARKER. Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.
(8) BUILDING SIGN. Any sign attached to any part of a building, as contrasted to a freestanding sign.
(9) CANOPY SIGN. Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.
(10) CHANGEABLE COPY SIGN. A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign for purposes of this section. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a sign and not a changeable copy sign for purposes of this section.
(11) DIRECTIONAL SIGN or INFORMATIONAL SIGN. A sign which provides special information, such as tourist information, entrance/exit, parking, public restrooms and telephones, or the like, and does not include any business product or service information.
(12) DOUBLE-FACED SIGN. A sign with two faces that are back to back.
(13) FLAG. Any fabric, banner, or other flexible material containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.
(14) FREE-STANDING SIGN. Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.
(15) HISTORICAL MARKER. A sign erected by a recognized federal, state or local organization, the purpose of which is to mark a historical site or structure.
(16) IDENTIFICATION SIGN. A sign identifying the name or address of a building, institution, or person, or the activity or occupation being identified.
(17) ILLEGAL SIGN. A sign which does not comply with the provisions of this chapter and which has not received legal nonconforming status.
(18) ILLUMINATED SIGN. A sign with an artificial light source which is either internal or external to the sign structure.
(19) INCIDENTAL SIGN. A sign, generally informational, that has a purpose secondary to the use of the land use zone lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental. The maximum allowable sign area for individual incidental signs shall be three square feet. In no case shall the total area for incidental signage on a single land use land use zone lot be greater than 0.1% of the total ground floor principal building area.
(20) MAINTENANCE. For the purposes of this chapter, the cleaning, repainting or cracked or faded areas, or replacement of electric parts of a sign in a manner that does not alter the basic copy, design or structure of the sign.
(21) MARQUEE SIGN. Any sign attached to, in any manner, or made a part of a marquee.
(22) MONUMENT SIGN or GROUND-MOUNTED SIGN. A free-standing or ground-mounted sign that is part of a decorative structure. Does not include pole-mounted signs.
(23) MURAL. A work of art placed on the side of a building or face of a wall. A mural does not advertise or identify a person or entity, and is not intended to communicate information to the general public. A mural may contain corporate logos or text, which is subject to regulation as a wall sign.
(24) NONCONFORMING SIGN. A sign which was erected legally but which does not comply with subsequent sign regulations.
(25) PENNANT. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, sometimes placed in series, and sometimes designed to move in the wind. Pennants shall be considered temporary signage.
(26) POLE-MOUNTED SIGN. A sign mounted on a free-standing pole or other support so that the height of the sign is no more than 20 feet in height.
(27) POLITICAL SIGN. A sign which announces the candidacy of a person or slate of persons running for elective offices, or a political party or issue.
(28) PORTABLE SIGN. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
(29) PORTABLE MARQUEE SIGN. A temporary sign, with or without wheels, illumination, or a large arrow as part of the sign structure, the purpose of which is to announce or advertise on a temporary basis.
(30) PROJECTING SIGN. Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.
(31) REAL ESTATE SIGN. Any sign which advertises or announces the sale, rental, or lease of the premises upon which the sign is located.
(32) RESIDENTIAL SIGN. Any sign located with residential household activities containing no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of the zoning ordinance (such as real estate "For Sale" signs).
(33) ROOF SIGN. Any sign erected above the gutter line of a building.
(34) ROOF SIGN, INTEGRAL. Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches. Integral roof signs are not allowed in the Aurora Downtown Historic District.
(35) SIGN FACE MESSAGE or DISPLAY MESSAGE. The components of a sign that contains a message, excluding components used as support and framing.
(36) SUSPENDED SIGN. A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
(37) TEMPORARY SIGN. Any sign, otherwise permitted by this section, that is used only temporarily and is not permanently mounted, and which is erected and displayed for a period not to exceed continuous 45 days.
(38) TEMPORARY MESSAGE SIGN. A permanent sign capable of having the message changed.
(39) WALL SIGN or WALL-MOUNTED SIGN. Any sign attached parallel to, but within six inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
(40) WINDOW SIGN. A sign affixed to, displayed from, or installed inside a window for purposes of viewing from outside the premises. This does not include merchandise and other displays located in a window.
SIGN STRUCTURE. Any structure which supports, holds, has supported, or is capable of supporting a sign.
SPANDREL. An architectural feature that adjoins arches or moldings.
STANDARD, PERFORMANCES. A criterion established in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases and other objectionable or dangerous elements generated by and inherent in, or incidental to, certain uses and activities.
STORY. That portion of a building, included between the surface of any floor and the surface of the floor next above it, then the space between the floor and the ceiling next above it.
STORY, FIRST. The lowest story or the ground story of any building the floor of which is not more than 12 inches below the average level of the adjoining ground at the exterior walls of the building; except that any basement or cellar used as a dwelling shall be deemed the first story.
STORY, HALF. A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story used as a dwelling shall be deemed a full story.
STREET. A public right-of-way 50 feet or more in width which provides a public means of access to abutting property, or any such right-of-way more than 20 feet and less than 50 feet in width provided it existed prior to the enactment of this chapter. The term "street" shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any other similar term.
STRUCTURE. Anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.
THOROUGHFARE PLAN. The official Thoroughfare Plan establishing the general location, character and extent of streets and thoroughfares in the city and within the extraterritorial jurisdiction of the Plan Commission, as officially adopted and as amended from time to time.
TOURIST HOME. A building or part thereof, other than a hotel, boarding or lodging house, or motel, where lodging is provided by a resident family for compensation, mainly for transients.
TRANSOM. A strengthening crossbar set above a window or door.
UNDER FLOOR SPACE. That space between the bottom of the floor joist and the earth.
USE. The purpose for which land and/or a building or structure is arranged, designed or intended, or for which either land or a building or structure is, or may be, occupied or maintained.
USED. Includes arranged, designed, constructed, altered, converted, rented, leased or intended to be used.
USE - FIRST PERMITTED IN "X" DISTRICT. A use which in the sequence of successively less restricted districts occurs as a permitted use for the first time in the "X" District.
VALANCE. A length of decorative drapery attached to a canopy, in order to screen the space beneath it.
VARIANCE. A variation of the requirements of this chapter, not contrary to the public interest, granted by the Board, in specific cases when warranted, in order to alleviate unnecessary and undue hardship which may otherwise ensue owing to exceptional narrowness, shallowness or shape of a lot, to difficult topography or other peculiar physical conditions of a lot, or to the nature of existing uses or structures on adjoining lots; and so that the spirit of this chapter shall be observed and substantial justice done. Such variance shall not include authorizing a use not among the permitted uses specified in this chapter for the district in which the lot is located.
YARD. An open space other than a court, on a lot, unoccupied and unobstructed from the ground upward except as expressly permitted in this chapter.
YARD, FRONT. A yard extending across the full width of the lot between any part of a building not hereafter excepted and the front lot line; and the depth of a front yard is the minimum horizontal distance between any part of the building, other than such parts as hereinafter excepted, and the front lot line.
YARD, FRONT - LEAST DEPTH, HOW MEASURED. Front yard depth shall be measured from the right-of-way line of the existing street on which the lot fronts (the front lot line); provided, however, that if a proposed right-of-way line of such street has been officially established, then the required front yard least depth shall be measured from such proposed right-of-way line.
YARD, REAR. A yard extending across the full width of the lot between a building and the rear lot line; and the depth of a rear yard is the minimum horizontal distance between any part of the building, other than such parts as hereinafter excepted, and the rear lot line.
YARD, SIDE. A yard extending between the front yard and the rear yard between a building and the nearest side lot line; and the width of a side yard is the minimum horizontal distance between any part of a building, other than such parts as hereinafter excepted, and the nearest side lot line.
YARD, SIDE - LEAST WIDTH, HOW MEASURED. Side yard widths shall be measured from the nearest side lot line and, in case such lot line is a side street lot line, from the right-of-way line of the existing street; provided, however, that if a proposed right-of-way line of such street has been officially established, then the required side yard least width shall be measured from such proposed right-of-way line.
ZONING INSPECTOR. The Zoning Inspector of the city or his authorized representative.
ZONING MAP. The Zoning Map or Maps of the city dated December, 1979, together with all amendments subsequently adopted.
(Ord., passed - -79; Am. Ord. 91-11, passed 7-1-91; Am. Ord. 98-12, passed 9-1-98; Am. Ord. 1999-1, passed 1-1-99; Am. Ord. 1999-2, passed 2-1-99; Am. Ord. 2002-9, passed 7-11-02; Am. Ord. 2017-14, passed 12-4-17)