For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense shall include the future tense; and words used in the singular number shall include the plural number, and the plural the singular. All measured distances shall be to the nearest integral foot, (if a fraction is one-half foot or less, the integral foot next below shall be taken). Parenthetical words or statements are integral parts of the definitions in which they are located. Words not defined as follows shall be construed in their general accepted meanings as defined by Webster’s Dictionary.
ABANDONMENT. A nonconforming use which has ceased or been given up by the owner or tenant for six months with no effort to resume or restore the nonconforming use. A period of six months during which the nonconforming use activity has ceased.
ACCESSORY BUILDING OR USE. One which:
(1) Is subordinate to, incidental to, and serves a principal building or principal use;
(2) Is subordinate in area, extent, or purpose to the principal building or principal use served;
(3) Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served; and
(4) 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 to locate elsewhere than on the same lot with the building or use served.
ADVERTISING DEVICE. An advertising sign, billboard, or poster panel which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises which such sign is located or to which it is affixed; but does not include those advertising business on the premises or to a brand name of a product or commodity with which the business is specifically identified and which is sold on the premises.
ADVERTISING - OUTDOOR. Any device or means of identification, description, or illustration which is mobile, affixed to or erected upon a property, tract of land, a building or a structure which directs attention to a product, place, activity, service, institution, or business. (See §§ 152.090 through 152.097 for outdoor advertising regulations.)
AGRICULTURE. Use of ten acres or more of land for agriculture purposes, including farming, dairying, pasteurize, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory use, for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.
AIRPORT. The area of land or water which is used or intended for use for the landing and taking off of aircraft and any appurtenant areas which are used, or intended for use, for airport buildings or airport facilities or rights-of-way.
ALLEY. A public right-of-way which normally affords a secondary means of access to abutting property.
ALTERATION. A change in size, shape, character, occupancy, or use of a building or structure.
ALTERATION, STRUCTURAL. Any change in the supporting members of a building such as bearing walls, columns, beams or girders.
ANIMAL HOSPITAL. A building or portion thereof designed or used for the care, observation, or treatment of domestic animals.
AUTOMOBILE LAUNDRY. A building, or portion thereof, containing facilities for washing more than two automobiles, using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices.
AUTOMOBILE SERVICE STATION. A building or portion thereof or premises used for dispensing, or offering for sale at retail, gasoline when stored only in underground tanks, kerosene, lubricating oil or grease, for operation of automobiles, and where tires, batteries, and similar automobile accessories may be offered for sale on the premises at retail, including minor services and installations customarily incidental thereto; and facilities other than an automobile laundry, for washing care, only if enclosed in a building. AUTOMOBILE SERVICE STATIONS do not include open sales lots as defined herein.
AUTOMOBILE WRECKING YARDS. An area of land where three or more motor vehicles, or vehicles, machinery, or equipment drawn or operated by attaching to motor vehicles or mechanical unit not in running or operable condition, or parts thereof, are stored in the open; and any land, building, or structure used for wrecking or storing of each motor vehicles, machinery, or equipment or parts thereof.
AWNING. A rooflike mechanism, retractable in operation, and covered with flexible material, which projects from the wall of a building.
BASEMENT. A story partly underground but having more than one-half of its clear height below finished grade. (See GRADE)
BLOCK. A tract of land bounded by streets, or by a street or streets and any combination of boundary lines or public or institutionally-owned lands, railroads, rights-of-way, rivers and lakes and other lines of demarcation.
BOARD. The Board of Zoning Appeals of the city.
BUFFER. Screening that lessens the impact of one use on an adjacent use.
BUILDING. A structure built for the support, enclosure, shelter, or protection of persons, animals, chattels, or movable property of any kind, and which is permanently affixed to land. BUILDING includes all the other structures of every kind regardless of similarity of buildings.
BUILDING, ACCESSORY. A subordinate building or portion of a principal building, the use of which is incidental to that of the principal building and customary in connection with that use.
BUILDING, DETACHED. A building surrounded by open space on the same lot having no structural connection with another building.
BUILDING HEIGHT. The vertical distance from the curb level to the highest point of the under side of the ceiling beams in the case of a flat roof; to the deck line of a mansard roof; and to the mean level of the gable, hub, or gambrel roof. Chimneys, spires, towers, elevator pen houses, tanks, and similar projections other than signs shall not be included in calculating the height.
BUILDING LINE. The line nearest the front and across a lot establishing the minimum open space to be provided between the front line of a building or structure and the front lot line.
BUILDING, PRINCIPAL. A non-accessory building in which is conducted the principal use of the lot, on which it is located.
BUILDING, RESIDENTIAL. A building which is arranged, designed, or used, or intended to be used for residential occupancy by one or more families or lodgers and which includes, but is not limited to, the following types:
(1) Single-family detached dwellings;
(2) Two-family dwellings;
(3) Single-family or two-family attached and semidetached dwellings developed initially under single ownership or unified control; and
(4) Multiple-family dwellings.
BULK. The cubic content of a building in relation to the area of the building site.
BUSINESS OFFICE. An office used in the conduct of a business offering or selling a service such as, but not limited to, offices for real estate, insurance, brokers, and consultants, and where the service does not involve the use of delivery trucks or other commercial vehicles or equipment.
CAMP, PUBLIC. Any area or tract of land used or designed to accommodate two or more automobile house trailers, mobile homes, cabins, tents or other camping outfits, but not intended for permanent year-round occupancy.
CARPORT. An open-sided, roofed automobile shelter, formed by extension of the roof from the side of a building.
CEMETERY. Land used for the burial of the dead, including crematories and mausoleums.
CERTIFICATE OF OCCUPANCY. A certificate stating that the occupancy and the use of the land or a building or structure referred to therein complies with the provisions of this chapter.
CHARITABLE INSTITUTIONS. A group, organization, or not-for-profit corporation organized and operated to provide care, help, relief, and assistance to those trustees, directors, incorporators, or members. A not-for-profit corporation would be one where the articles of incorporation are on file with the Secretary of State. Other groups and organizations would be on file with the Consumer Protection Division of the Office of the Attorney General.
CHILD CARE CENTERS. One of the special uses listed in this chapter consisting of any residence or institution operated for the purpose of providing care and maintenance to more than five children separated from their parent, guardian, or custodian, excluding relatives of the person operating the care center.
CHURCH. A permanently located building commonly used for religious worship, fully enclosed with walls and having a roof (canvas or fabric excluded) and including accessory buildings housing facilities commonly associated with such religious worship.
CLINIC MEDICAL OR DENTAL. A building or portion thereof, the principal use of which is for offices of an organization of physicians or dentists or both.
CLUB OR LODGE - PRIVATE. A non-profit association of persons, who are bonafide members paying annual dues, which owns, hires, or leases a building, or portion thereof; the use of such premises being restricted to members and their guests. (The affairs and management of such PRIVATE CLUB OR LODGE are conducted by a Board of Directors, Executive Committee, or similar body chosen by the member.) It shall be permissible to serve food on such premises. The sale of alcoholic beverages to members and their guests shall be permitted provided it is secondary and incidental to the promotion of some other common objective of the organization.
COMMISSION. The Plan Commission of the city.
COMPREHENSIVE PLAN. An overall development plan consisting of the zoning ordinance, the subdivision ordinance, the Flood Plain Management Ordinance, the Official Thoroughfare Plan, the Final Land Use Plan, the Uniform House Numbering Ordinance and like ordinances governing and directing planning and zoning in the Master Plan.
CONDOMINIUM. A dwelling unit which is usually part of a building containing two or more dwelling units where such units may be individually owned and the land may be under group ownership.
CONFORMING BUILDING OR STRUCTURE. Any building or structure which:
(1) Complies with all regulations of this chapter or of any amendment hereto governing the zoning district in which such building or structure is located; and
(2) Is designed or intended for a conforming use.
CONTROLLING ACCESS HIGHWAY. A trafficway, including freeways, expressways, and other arterial streets, in respect to which owners or residents of abutting property or lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such trafficway.
COUNTRY CLUB. A type of private club.
COURT. An open unoccupied space bounded on two or more sides by the exterior walls of a building or exterior walls and lot lines.
CURB LEVEL. The level of the established curb in front of such building measured at the center of such front. Where no curb level has been established, the pavement elevation at the street center line similarly measured, or the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the CURB LEVEL.
DENSITY. A term indicating the number of dwelling units per acre for an area which is determined by dividing the square footage of an acre (43,560 square feet) by the minimum amount of lot area allowed in the appropriate zone.
DEVELOPMENT STANDARDS. The requirements set forth in this ordinance governing the development of a property such as maximums and minimums for height, area, bulk, setbacks, parking and accessory structures or uses.
DISTRICT. A geographical area within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DORMITORY. A building arranged for the housing of individuals with a common toilet, bath, and kitchen facilities.
DRIVE-IN ESTABLISHMENTS. An establishment which offers merchandise, service, or entertainment to persons in motor vehicles.
DWELLING. A permanent building, or portion thereof, designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, or multiple-family dwellings, but not including hotels, motels, or lodging houses.
DWELLING, ATTACHED. A dwelling which is joined to another dwelling by party walls.
DWELLING, DETACHED. A dwelling which is entirely surrounded by open space on the same lot.
DWELLING, MULTIPLE-FAMILY. A building containing three or more dwelling units.
DWELLING, SINGLE-FAMILY. A building containing one dwelling unit only.
DWELLING, TWO-FAMILY. A building containing two dwellings units only.
DWELLING UNIT. One or more rooms which are arranged, designed, or used as living quarters for one family only and having a kitchen.
EFFICIENCY UNIT. A dwelling unit consisting of one principal room exclusive of bathroom, hallway, closets, or kitchen and dining alcove off the principal room.
ELEEMOSYNARY INSTITUTION. A building or group of buildings devoted to public service and supported by a non-for-profit organization.
ESTABLISHMENT, BUSINESS. A place of business carrying on operations, the ownership and management of which are separate and distinct from those of any other place of business located on the same lot. Direct access to each BUSINESS ESTABLISHMENT shall be separate and distinct access to any other business establishment, and in no case shall there be access to one such establishment from within another such establishment.
EXPRESSWAY. A roadway so designated by the Official Thoroughfare Plan, intended for high speed, high volume continuous traffic with controlled access; its function is traffic movement; the right-of-way is 150 feet.
FAMILY. One or more persons each related to the other by blood, marriage, or adoption, or a group of not more than four persons not all so related, maintaining a common household in a dwelling unit. A FAMILY may include not more than two roomers, boarders, or permanent guests whether or not gratuitous.
FARM. An area used for agricultural operations including truck gardening, forestry, tree or plant nursery, or the production of livestock and poultry.
FEEDLOTS. The confinement for any period of time of livestock or fowl, whether open or enclosed, to any area less than required in the following schedule:
Class of Livestock | Lot Area Square Feet per Animal | Shed Square Feet per Animal |
Class of Livestock | Lot Area Square Feet per Animal | Shed Square Feet per Animal |
Feeder calves (under 600 lbs) | 60 | 60 |
Feeder calves (over 600 lbs) | 80 | 50 |
Breeder cows | 100 | 80 |
Hogs growing (40 - 120 lbs) | 10 | 6 |
Hog finishing (100 - 255 lbs) | 24 | 12 |
Cows | 60 | 30 |
Feeder lambs | 30 | 14 |
Ewes | 60 | 30 |
Farm laying flock per hen | 12 | 6 |
Commercial flock per hen | 8 | 4 |
Dairy cows | 250 | 150 |
(1) For unpaved lots double the space requirements.
(2) Double the lot size for complete confinement. (No exercise lot.)
FLOOR AREA. (For determining FLOOR AREA RATIO.)
(1) The sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The “Floor Area of a Building,” shall include the basement floor area when more than one-half of the basement height is above the established curb level; elevator shafts, and stairwells at each floor, floor space used for mechanical equipment, (except equipment, open or enclosed; located on the roof), penthouses, attic space having headroom of seven feet, ten inches or more, interior balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses.
(2) The FLOOR AREA of structures devoted to bulk storage of materials - including, but not limited to, grain elevators, and petroleum storage tanks shall be determined on the basis of the height of such structure in feet, ten feet in height shall be deemed to be equal to one floor. (If a structure measures more than five feet over such floor equivalent, it shall be construed to have an additional floor.)
FLOOR AREA OF A BUILDING. (For determining off-street parking and loading requirements). The sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to a specific use; including accessory storage areas located within selling or working space such as counters, parks or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.
FLOOR AREA RATIO. The floor area of the building or buildings on a lot divided by the area of such lot.
FRATERNITY. A dwelling or dwelling unit maintained exclusively for fraternity members and their guests or visitors and affiliated with an academic or professional college, university, or other institution of higher learning.
FRONT SETBACK. The distance required, as set forth in each zone, from the front lot line to the closest point of the wall of the building or to the closest part of a structure placed on a lot.
FRONTAGE (OF A BLOCK). All of the property fronting on one side of a street.
GARAGE, COMMUNITY. Two or more private garages.
GARAGE, PRIVATE. An accessory building, or an accessary portion of the principal building, including a carport, which is intended for or used for storing the private passenger vehicles of the family or families resident upon the premises and in which no business, service, or industry connected directly or indirectly with the automotive vehicles is carried on, provided that not more than one-half of the space may be rented for the private passenger vehicles of persons not resident on the premises, except that all the space in a garage of one or two-car capacity may be so rented.
GARAGE, PUBLIC. Any building where automotive vehicles are painted, repaired, rebuilt, reconstructed, or stored for compensation.
GARAGE, STORAGE. A building or premises used for housing only of motor vehicles pursuant to previous arrangements and not by transients; and where no equipment or parts are sold, and vehicles are not rebuilt, serviced, repaired, hired, or sold, except that fuel, grease, or oil may be dispensed within the building to vehicles stored therein.
GRADE. The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
GROUP HOUSING. A term used to describe a type of special use as listed in this chapter referring to a situation where one dwelling unit may be used to house four or more persons unrelated by blood, marriage, or adoption when approved by the Board of Zoning Appeals. (See § 152.116 for specific regulations.)
HEALTH CENTER. A convalescent home, nursing home, rest home, institutions for human care, health resorts.
HEIGHT, BUILDING OR STRUCTURE. The vertical distance from the average established curb grade in front of the lot or from the average finished grade, at the building line, if higher, to the top of the highest point of the building or structure.
HOME OCCUPATION. Any occupation or profession carried on by a member of the immediate family residing on the premises, in connection with which:
(1) There is used no sign or display except as permitted by this chapter that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling;
(2) There is no commodity sold upon the premises which is not produced on the premises; and
(3) No person is employed other than members of the immediate family residing on the premises.
HOTEL. A building or a group of buildings containing rooms intended or designed to be used or which are used, rented, or leased to be occupied or which are occupied for sleeping purposes and which is open to transient guests, in contradistinction to a boarding or lodging house.
HOTEL, APARTMENT. A hotel in which at least 60% of the hotel accommodations are occupied by permanent guests.
IMPROVEMENT LOCATION PERMIT. A permit issued by the Clerk-Treasurer of the city, stating that a proposed building or structure complies with all the provisions of this chapter, provided that such activity is initiated within six months of the date of issuance of said permit.
IMPROVEMENT USE. A use or service which is incapable of direct association with certain other uses because it is contradictory, incongruous, or discordant.
IMPROVEMENTS. Any work done, or any facility, structure, or building placed, on or off of a property involving proposed development such as streets, sidewalks, sewers, utility transmission facilities, storm drains and flood control, monuments, landscaping, screening, and any other work or facility required by ordinance.
INSTITUTION, EDUCATIONAL. A public, parochial, charitable or nonprofit college, university, other than trade or business school, including instructional and recreational uses with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers and employees.
JUNK. Scrap metals and their alloys, bones, used materials, and products such as rags, cloth, rubber, rope, tinfoil, bottles, lumber, wastepaper, boxes, crates, old tools, machinery, fixtures and appliances with negligible remaining utility, and other goods uneconomical to repair or unusable.
JUNK YARD. An open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A JUNK YARD includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings, nor does it include an establishment engaged only in the processing of scrap iron or other metals to be sold specifically for the manufacture of steel or metal alloys. A salvage yard.
KENNEL. Any premises or portions thereof on which more than four dogs, cats, 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 are kept for the purpose of sale.
LOCAL STREET. A roadway, so designated by the Official Thoroughfare Plan, intended for local traffic within neighborhoods; its primary function is to provide access to abutting properties; the right-of-way is 40 feet. (See § 152.023.)
LODGING HOUSE. A residential building, or portion thereof other than a motel, apartment, or hotel where one or more persons who are not members of the keeper’s family and where lodging or meals or both are provided by prearrangement and for definite periods.
LOT. Any tract, parcel or other land however designated held under separate ownership but not including farms. LOT includes the words “tract” and “parcel.”
LOT AREA, GROSS. The area of a horizontal plane bounded by the front, side, and rear lot lines, but not including any area occupied by the water of a lake, river, or flood plain area.
LOT, CORNER. A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees. (The narrowest part of a lot having frontage on a street is the front of the lot.)
LOT, COVERAGE. The percentage of the lot area covered by the building area.
LOT DEPTH. The average distance between the front lot line and the rear lot line of a lot.
LOT LINE, FRONT. That boundary of a lot in which is along an existing or dedicated public street, or where no public street exists, is along a public way; where such public way is not a dedicated street the right-of-way of such public way shall be deemed to be 60 feet, unless otherwise provided.
LOT LINE, REAR. That boundary of a lot which is most distant from, and is most nearly, parallel to, the front lot line.
LOT LINE, SIDE. Any boundary of a lot which is not a front or real lot line.
LOT OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder, or a parcel of land, the deed of which was recorded in the office of said Recorder prior to the adoption of this chapter.
LOT, REVERSED CORNER. A corner lot where the side lot line adjoining a street is substantially a continuation of the front lot line of an adjacent interior lot.
LOT, THROUGH. A lot having a frontage on two non-intersecting streets as distinguished from a corner lot. (Both street lines shall be deemed front lot lines.)
LOT WIDTH. The distance between side lot lines of a lot measured at the building lines.
LOT, ZONING. A single tract of land located within a single block, which (at the time of filing for an improvement location permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or unified control. (A ZONING LOT may or may not coincide with a LOT OF RECORD.)
MANUFACTURED HOME. A dwelling unit fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with Federal Manufactured Housing Construction and Safety Standards Code, being 24 C.F.R. 3280, or being I.C. 36-7-9-4 as promulgated by the Indiana Fire Prevention and Building Safety Commission.
MARQUEE or CANOPY. A roof-like structure of a permanent nature which projects from the wall of a building and may overhang into a required yard.
MAY. Is permissive.
MOBILE HOME. A portable structure transportable dwelling eight feet or more wide and 30 feet or more long and designed for year round occupancy as a residence.
MOBILE HOME PARK. A lot, parcel, or tract of land developed with facilities for accommodating five or more mobile homes provided each mobile home contains a kitchen, flush toilet, and shower or bath. Such park shall be used only by non-transient dwellers remaining continuously for more than one month, whether or not a charge is made. Each MOBILE HOME PARK shall be licensed by the Indiana State Board of Health. (It shall not include a sales lot in which automobiles or unoccupied trailers or mobile homes are parked for the purpose of inspection or sale.)
MOTEL. A building or group of buildings in which lodging is provided and offered to the public for compensation and catering primarily to the traveling public.
MOTOR VEHICLE. A passenger vehicle, truck, truck-trailer, or semitrailer propelled or drawn by mechanical power.
NAMEPLATE. Non-illuminated sign flush with the front of the building indicating the name or address of a building, or the name of an occupant thereof and the practice of permitted occupation therein.
NONCONFORMING BUILDING OR STRUCTURE. A building or structure which:
(1) Does not comply with all of the regulations of this chapter or of any amendment hereto governing bulk for the zoning district in which such building or structure is located; and
(2) Is designed or intended for a non-conforming use.
NONCONFORMING BUILDING OR STRUCTURE, LAWFUL. A building or structure which does not comply with the development standards of this chapter, and which was established prior to enactment of this chapter and is still in existence.
NONCONFORMING BUILDING OR STRUCTURE, UNLAWFUL. A building or structure which does not comply with the development standards of this chapter and which was established on or after enactment of this chapter.
NONCONFORMING USE, LAWFUL. A use of land, buildings, or structures which does not comply with the usage provisions of the zone in which such use is located and which was established prior to enactment of this chapter and which has not been, at any time, discontinued for six months or longer.
NONCONFORMING USE, UNLAWFUL. A use of land, buildings, or structures which does not comply with the usage provisions of the zone in which such use is located and which was established on or after the enactment of this chapter.
NOXIOUS MATTER OR MATERIALS. That which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals.
NURSING HOME. A facility providing human care and service for the aged, convalescent, chronically ill or incurable and in which three or more persons are received, kept, and provided with such care and service for compensation; similar terms include convalescent home, rest home, and health care center.
ODOROUS MATTER. Matter or material that yields an odor which is offensive in any way.
OFFICIAL THOROUGHFARE PLAN. A development plan for the roadway system which classifies the various roads, establishes rights-of-way, and projects traffic patterns by volume, population and trip generation.
OPEN PORCH. A porch open on three sides except for wire screening. A porch shall not be considered open if enclosed on the three sides in a manner which would allow the porch area to be heated and used as year-round living quarters. This open concept shall apply to patios, balconies, breezeways and like extensions off of a principal building.
OPEN SALES LOT. Land used or occupied for the purpose of buying or selling merchandise stored or displayed out-of-doors. (Such merchandise includes, but is not limited to, passenger cars, trucks, motor scooters, motorcycles, boats, and monuments.)
OWNER. A person who owns a lot by virtue of their name being on the deed to the property with the deed being duly recorded in the office of the Recorder of Delaware County, Indiana; or a person who is a contract purchaser of a property, or a person who has entered into a long-term lease agreement such as an 89-year lease.
PARKING LOT. A parcel of land devoted to parking spaces for four or more motor vehicles for compensation or otherwise, having an all-weather dust-free surface, enclosed or unenclosed, connected to a street and providing satisfactory ingress and egress for customers.
PARKING SPACE. The area required for parking an automobile, which shall have a minimum of nine feet in width and 20 feet in length, not including passageways.
PARTICULAR MATTER. Dust, smoke, or any other form of air-borne pollution in the form of minute separate particles.
PERSON. Includes a corporation, firm, partnership, or similar, as well as an individual.
PLANNED UNIT DEVELOPMENT. A tract of land developed under single ownership or control, the development of which is unique and of a substantially different character than that of surrounding areas.
PRIMARY ARTERIAL. A roadway, so designated by the official Thoroughfare Plan, intended for high volume through traffic; its primary function is traffic movement achieved through turn lanes, channelization and medians; the right-of-way.
PRINCIPAL USE. The primary use of a property, building, or structure in terms of being foremost in financial worth or scope of operation such as the dwelling unit on a residentially zoned lot, the selling of grocery items in a retail store containing video games, or the assembly plant of a manufacturing operation.
PROFESSIONAL OFFICE. An office used in the conduct of a profession or vocation requiring training in the liberal arts or the sciences and advanced study in a specialized field such as, but not limited to, a doctor, lawyer, engineer, dentist, surveyor.
PROJECTION. A structure which projects out from the main wall of a building and which is an architectural feature not connected to the structural support and make-up of the building, i.e. a canopy or a balcony is an architectural feature, a bay window or chimney is a part of a supporting wall.
PROPERTY LINES. Those bounding a lot.
PUD. A planned unit development.
RECREATION VEHICLE. A vehicular type unit primarily designed for recreation, camping, and travel use, so constructed as to permit its movement by either propelled or non-self propelled means, or by being mounted on another vehicle.
RECREATIONAL VEHICLE. Any portable vehicular structure not built to the National Manufactured Housing Construction and Safety Standards Code, designed to provide temporary living quarters for recreational, camping, or travel use, including but not limited to travel trailers, collapsible trailers, truck campers, motor homes, and multi-use vans; they are intended for temporary residential uses and should be occupied only in RV parks.
RELIGIOUS INSTITUTION. A church, chapel, temple, synagogue, convent, seminary, monastery, nunnery, rectory, parsonage, parish houses, and similar facilities for the conduct of religious worship.
RESERVOIR PARKING. Those off-street parking spaces allocated to automobiles awaiting entrance to a particular establishment.
REST HOME (or NURSING HOME). A private home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders.
RINGELMANN CHART. One which is described in the U.S. Bureau of Mines Information Circular 6999, and on which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke and smoke density.
RINGELMANN NUMBER. Designation of the area on the RINGLEMANN CHART that coincides most nearly with the visual density of emission or the light-obscuring capacity of the smoke.
ROADSIDE STAND. A structure for the display and sale of agricultural products, with no space for customers within the structure itself.
RUMMAGE SALE. A type of accessory use consisting of the selling, by the owner, not to exceed two times per calendar year and each time not to exceed three successive days in duration, of tangible personal property. The term shall be synonymous with GARAGE SALE, YARD SALE, and similar terms.
SALVAGE YARD. One of the special uses listed in this chapter and consisting of an area where waste paper, rags, discarded or salvaged materials are bought, sold, exchanged, bailed, packed, disassembled or handled; a SALVAGE YARD shall include wrecking yards, used lumber yards, and places or yards for the storage of salvaged house wrecking and structural steel materials and equipment; the term shall be synonymous with JUNK YARD.
SCREENINGS. A buffer consisting of either an earth berm, a masonry wall, a wooden fence, a stucco wall, a chain-link type metal fence using durable permanently affixed slats to create a substantially opaque surface, a dense evergreen hedge that will grow to the required height and density within two growing seasons, or any combination of these materials which will effectively block visibility.
SECONDARY ARTERIAL. A roadway, so designated by the Official Thoroughfare Plan, intended for high volume through local traffic; its primary function is traffic movement; the right-of-way is as shown on the exhibit in § 152.023.
SETBACK. The minimum horizontal distance between the front line of a building or structure and the front property line.
SHALL. Is mandatory, not discretionary.
SIGN. A name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, person, institution, organization, or business. A SIGN shall not include:
(1) The display of official court or public office notices;
(2) The flag, emblem, or insignia of a nation, political unit, school; or
(3) One located completely within an enclosed building, except signs located behind window areas intended to be viewed from outside the building.
SIGN, ADVERTISING. A sign which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such sign is located or to which it is affixed.
SIGN, BUSINESS. A sign which directs attention to a business or profession or to a commodity, service, or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.
SIGN, FLASHING. Illuminated sign on which the artificial light is not maintained constant in intensity and color at all times when such is in use. (A revolving, illuminated sign shall be considered to be a FLASHING SIGN.)
SIGN, GROSS AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. (Such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display.)
SMOKE UNIT. The number obtained when the smoke density in Ringlemann Number is multiplied by the time of emission in minutes. For the purpose of this calculation:
(1) Ringlemann density reading shall be made at least once a minute during the period of observation; and
(2) Each reading is then added together to give the total number of smoke units observed during the entire observation.
SOUND LEVEL METER. An instrument standardize by the American Standards Association for measurement of the intensity of sound.
SPECIAL USES. A type of use which is listed under the various residence zones as being allowed when approved by the Board of Zoning Appeals; also, one of the uses listed under Article XXXI, which gives the general procedure for filing with the Board of Zoning Appeals, consisting of mineral extraction, salvage yard, refuse disposal site, planned unit development, truck terminals, home occupation, seasonal work camps, private outdoor camps, group housing, care centers, and multi-unit developments. Some SPECIAL USES are seen as being potentially compatible with the principal uses permitted in a zone and some SPECIAL USES are of a sufficient intensity, with a potentially adverse impact on surrounding uses, as such they must be approved through a public hearing process before the Board of Zoning Appeals.
STABLE, PRIVATE. A building or structure which is located on a lot on which a dwelling is located, and which is designed, arranged, used, or intended to be used for housing not more than two saddle horses or ponies primarily for the use of occupants of the dwelling, but in no event for hire.
STORY. The portion of a building included between the surface of any floor and the surface of the floor next above or if there is no floor above, the space between the floor and the ceiling next above. (A basement having more than one-half the clear floor-ceiling height above grade shall be considered STORY.)
STORY, HALF. A space under a sloping roof which has the line of intersection of roof decking and wall, not more than three feet above the top level of the story below. (In such space, not more than 60% of the floor area is completed for a principal or accessory use).
STREET. A partially or fully improved public right-of-way which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, except public utility communication and electrical transmission lines and equipment and facilities supporting the same and/or incidental thereto.
STRUCTURAL ALTERATION. A change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as the addition, removal, or alteration of bearing walls, columns, beams, girders, or foundations.
STRUCTURE. A combination of materials other than a building to form a construction that is safe and includes among other things stadiums, platforms, radio towers, sheds, storage bins, fences, and display signs.
TOURIST CAMP. A parcel or tract of land containing facilities - for locating three or more recreational vehicles, and for use only by transients remaining less than one month, whether or not a charge is made. (Not including an open sales lot in which automobile or unoccupied trailers are parked for the purposes of inspection or sale.)
TOURIST HOME, BED AND BREAKFAST. A dwelling in which sleeping rooms are provided or offered to transient guests for compensation. (Not including as hotel, apartment hotel, or motel.)
TOWNHOUSE. A dwelling unit which usually consists of two stories and is usually attached to like dwelling units by common walls.
USE(OF PROPERTY). The purpose or activity for which the land or building thereon is designed, arranged, or intended, or for which it is occupied or maintained. Includes any manner or performance of activity or operation with respect to the performance standards of this chapter.
USE, PERMITTED. A use which may be lawfully established in a particular district or districts (provided it conforms with all requirements, regulations, and performance standards, if any, of such district.
USE, PRINCIPAL. The main use of land or buildings as distinguished from a subordinate or accessory use. (May be either “permitted” or “special.”)
USE, SPECIAL. A use (either public or private) which, because of its unique characteristics, cannot be properly classified as a permitted use in any particular district or districts.
VARIANCE. A minimum departure from the strict application of the specified requirements of this chapter granted by the Board in accordance with the terms of this chapter for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity or district.
WHOLESALE ESTABLISHMENT. A business establishment engaged in selling to retailers or jobbers rather than consumers.
YARD. A space on the same lot with a main building, open, unoccupied, and unobstructed by structures.
YARD, CORNER SIDE. The side yard fronting on the street which intersects the street running on and along the front lot line.
YARD FRONT. An open, unoccupied space on the same lot with a building, extending the full width of the lot and situated between the street right-of-way line and the front line of the building projected to the side lines of the lot.
YARD, REAR. A yard extending across the full width of the lot between the rear of the main building and the rear lot line, the depth of which is the least distance between the rear lot line and such main building.
YARD, SIDE. A yard between the main building and the side lot line, extending from the front yard to the rear yard, the width of which is measured horizontally at 90 degrees with the side lot line.
YARD, TRANSITIONAL. A yard which must be provided on a lot in a business district which adjoins a lot in a residential district, or a yard which must be provided on a lot in a manufacturing district which adjoins a lot in either a residential or business district.
ZERO LOT LINE. A term referring to a type of development where the principal buildings are not subject to a side setback; the buildings might be off-set to one side where one side wall abuts the side lot line and the other side wall is setback from the other side lot line or one building might share common walls with another building.
ZONING BOARD OF APPEALS. The Board of Zoning Appeals of the city. Pursuant to the authority of I.C. 36-7-4, the City Plan Commission is also designated as the Board of Zoning Appeals.
ZONING DISTRICT OR DISTRICTS. A section or sections of the city, for which the regulations and requirements governing use, lot, and build of buildings and premises are uniform.
(Ord. 1991-07, passed 1-7-1991)