For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows. (Words used in the present tense include the future tense. The term “shall” is always mandatory.)
ACCESSORY STRUCTURE. A subordinate building or structure detached from but located on the same lot as a principal building which does not alter or change the character of the premises. Public utility communications, electric, gas, water and sewer lines, their supports and incidental equipment, and public telephone booths shall be considered accessory uses even though no principal building exists on the premises.
ACCESSORY USE (see also HOME OCCUPATION). A use that:
(1) Is clearly incidental and customarily found in connection with a principal building or use;
(2) Is subordinate to and serves the principal use;
(3) Is subordinate in area, extent or purpose to the principal use served;
(4) Contributes to the comfort, convenience or necessity of occupants, business or industry of the principal use served; and/or
(5) Is located on the same lot as the principal use served.
ACT. Area Planning Law of the State of Indiana, as defined by I.C. 36-7-4-102.
ADULT BOOKSTORE. An establishment having as a preponderance of its stock in trade or its dollar volume in trade, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT CABARET. A nightclub, bar, theater, restaurant or similar establishment which features live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers, where the performances are distinguished or characterized by their emphasis on specified sexual activities or by exposure of specified anatomical areas and/or which regularly feature films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.
ADULT DRIVE-IN THEATER. An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats in which a preponderance of the total presentation time is devoted to the showing of materials distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.
ADULT ENTERTAINMENT BUSINESS. An adult bookstore, adult motion picture theater, adult mini motion picture theater, adult motion picture arcade, adult cabaret, adult drive-in theater, adult live entertainment arcade or adult service establishment.
ADULT LIVE ENTERTAINMENT ARCADE. Any building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee to view from an enclosed or screened area or booth a series of live dance routines, strip performances or other gyrational choreography which performances are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas.
ADULT MINI MOTION PICTURE THEATER. Any building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee, with a capacity of more than five, but less than 50, persons, used for presenting films, motion pictures, video cassettes, slides or similar photographic reproductions in which a preponderance of the total presentation time is devoted to the showing of materials which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or by exposure of specified anatomical areas for observation by patrons therein.
ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited where coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATER. Any building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee, with a capacity of 50 or more persons used for presenting films, motion pictures, video cassettes, slides or similar
photographic reproductions in which a preponderance of the total presentation time is devoted to the showing of materials which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT SERVICE ESTABLISHMENT. Any building, premises, structure or other facility or any part thereof, under common ownership or control which provides a preponderance of services involving specified sexual activities or display of specified anatomical areas.
AGRICULTURAL BUILDING. A structure utilized for the conduct of farming operations but not including dwellings used for human occupancy.
AGRICULTURE PURPOSES. Generally, the utilization of land for the following activities;
(1) Tillage of soil in the production of crops;
(2) Production or maintenance of hay and pasture crops;
(3) Husbandry or production of livestock or poultry, and horses, and their products, excluding dogs and other small animals commonly kept as household pets;
(4) Growing of trees for the production of timber or timber products, erosion control and other purposes commonly found in agricultural areas; and
(5) The science or art of horitcultural processes, by which land is used for cultivating fruits, vegetables, ornamental plants and other activities.
AIRCRAFT. Any contrivance used or designed for transporting a cargo and/or passengers more than five feet above the ground.
AIRPORT/HELIPORT. Any area which is used or intended to be used for the taking off and landing of aircraft and any appurtenance areas which are used or intended to be used for airport buildings or facilities, including open spaces, taxiways and tie-down areas. Private owner-occupied and used grass-strips shall be excluded from this definition.
ALLEY. A right-of-way other than a street, road, crosswalk, designed to provide a secondary means of access for the special accommodation of the property it reaches.
ANIMAL DAY-CARE FACILITY. Any facility in which four or more dogs or other small animals that are commonly kept as household pets, which are at least three months old, and where the primary use of the facility is to care for those animals during the daytime hours. Over-night boarding of the animals at the facility is prohibited.
APC. The Area Plan Commission of Boone County, Indiana.
APPLICANT. The owner or owners of real estate who makes application to the APC or BZA for action by the commission affecting the real estate owned thereby.
AUTOMATIC CAR WASH. A building, or portion thereof, where automobiles, trucks or other self-powered vehicles are washed by mechanical devices of any type.
AUTOMOBILE REPAIR. Any building, premises and land in which or upon which a business, service or industry involving the maintenance, servicing or repair of vehicles is conducted or rendered.
AUTOMOBILE SERVICE STATION. Any building, structure or land used primarily for the dispensing or sale of any automobile fuels, oils or accessories. This includes lubrication and replacement or installation of minor parts or accessories, but does not include major repair work such as motor replacement, transmission replacement, body and fender repair or spray painting.
AUTOMOTIVE, MOBILE HOME, TRAVEL TRAILER, FARM IMPLEMENT and CONSTRUCTION MACHINERY SALES AREA. An open area other than a street or public right-of-way, used for the display, sale or rental of new or used motor vehicles, mobile homes, travel trailers, farm implements and construction machinery.
BED AND BREAKFAST. A residential building, or portion thereof, other than a motel, apartment hotel or hotel, containing lodging rooms for accommodation of five 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 and for compensation.
BLOCK. An area that abuts a street and lies between two intersecting streets or barriers such as railroad rights-of-way or watercourses.
BOOK STORE. A business established for the retail trade of books, magazines or similar literature, excluding adult or sexually oriented materials.
BUFFERYARD. A unit of yard together with the planting thereon required to separate land uses from each other.
BUILDING. Any enclosed structure designed or intended for the support, enclosure, shelter or protection of persons, animals or property of any kind and includes any structure.
BUILDING AREA. The horizontal projected area of the buildings on a lot or premises, excluding open areas or terraces, unenclosed porches not more than one story high, and architectural features that project no more than two feet.
BUILDING COMMISSIONER. The employee or officer of the APC who is empowered to inspect and approve improvement location permits, and to act as the agent of the Director in any other matter concerning the enforcement of this chapter.
BUILDING, DETACHED. A building having no structural connection with another building.
BUILDING, HEIGHT OF. The vertical distance measured from the lot ground level to the highest point of the roof for a flat roof; to the deck line of a mansard roof; and to the mean height between eaves and ridges for gable, hip and gambrel roofs.
BUILDING LINE. The line that establishes the minimum permitted distance on a lot between the front line of a building and the street right-of-way line.
BUILDING PERMIT. A document signed by the Director or the Building Inspector which certifies that a proposed use meets the requirements of the Boone County Zoning Ordinance and all other codes which may be applicable.
BUILDING, PRIMARY. A building in which the primary use of the lot or premises on which it is located is conducted, including a building that is attached to such a building in a substantial way, such as by a roof. With respect to residential uses, the PRIMARY BUILDING shall be the main dwelling.
BUSINESS. The engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services, the maintenance or operation of offices, or recreational and amusement enterprises for profit.
BZA. The Boone County Area Board of Zoning Appeals of the Area Plan Commission of Boone County, Indiana, or the Board of Zoning Appeals of any incorporated city or town under the jurisdiction of the Area Plan Commission of Boone County, Indiana, whichever the case may be.
CAMPING GROUNDS. A parcel of land used or intended to be used for temporary occupancy by campers, recreational vehicles, travel trailers, mobile homes, tents and the like.
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 the cemetery.
CERTIFICATE OF OCCUPANCY. A certificate stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this chapter.
CHURCH or TEMPLE. A building, together with its accessory buildings and uses, where persons regularly assemble for religious purposes and related social events and which buildings, together with accessory buildings and uses, is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes.
CLEAN FILL SITE. A facility or site specifically designed and restricted to the disposal, processing and/or reclamation of off-site generated, uncontaminated and untreated stone, bricks or concrete; road demolition waste materials; natural growth including tree limbs and grass clippings; sawdust from untreated natural wood; and other items not included in the above definition if subsequently approved by the Boone County Solid Waste Management District and the Indiana Department of Environmental Management. CLEAN FILL SITES shall be classified into one of the following types:
(1) Long term permitted clean fill disposal site;
(2) Temporary permitted clean fill disposal site;
(3) Long term permitted clean fill processing site;
(4) Temporary permitted clean fill processing site; and
(5) Temporary permitted clean fill land reclamation site.
CLINIC. A building used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons, and those who are in need of medical and surgical attention, but which building does not provide board, room or regular hospital care and services.
CLUB. A building or portion thereof or premises owned or operated by a person or group for a social, literary, political, educational or recreational purpose primarily for the exclusive use of members and their guests excluding adult or sexually oriented activities. This does not include any use or activity rendering a service usually and ordinarily carried out as a business including restaurants or food service.
COMMERCIAL CLASSIFICATIONS. These shall be obtained from the latest edition of the Standard Industrial Classification Manual, Executive Officer of the President, Bureau of the Budget.
COMMERCIAL FERTILIZER OPERATION. A large scale commercial operation where the primary business is the sale, transfer, or storage of mass quantities of anhydrous ammonia, fertilizer or similar chemical occurs on the property.
COMMERCIAL MESSAGE. Any sign wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
COMMITMENT. A covenant concerning the use or development of a parcel of real property which is made in writing by the owner of that parcel, either voluntarily or in accordance with an order or request of the APC or the appropriate legislative body.
COMMON SPACE. An area that is held in common by a homeowners’ association, a recognized land trust or conservancy or a public entity and is not located in rights-of-way.
COMPOSTING. The biological treatment process by which microorganisms decompose the organic component of vegetative matter and other types of organic material; the compost may be used as:
(1) A soil conditioner;
(2) A cover material for a solid waste landfill; and
(3) Another use approved by the Boone County Solid Waste Management District and the Indiana Department of Environmental Management.
COMPOSTING/DIGESTER FACILITY. A specific type of composting facility.
COMPOSTING FACILITY. A solid waste processing facility specifically designed and operated for the express purpose of composting.
COMPREHENSIVE PLAN. The Boone County Comprehensive Plan approved by the Board of County Commissioners on July14, 1997, as amended.
CONDOMINIUM. Ownership in common with others of a parcel of land and certain parts of a building thereon which would normally be used by all the occupants, such as yards, foundations, basements, floors, walls, hallways, stairways, elevators and all other related common elements, together with individual ownership in fee of a particular unit or portion of the building, which building shall be the same as DWELLING, MULTI-FAMILY.
CONFINED FEEDING OPERATION. As defined in I.C. 13-11-2-40:
(1) Any confined feeding of 300 or more cattle, 600 or more swine or sheep and 30,000 or more fowl;
(2) Any animal feeding operation where the operator elects to come under the Act;
(3) Any animal feeding operation that violates Chapter 214 of the Act of 1943 as determined by the Water Pollution Control Board of the State of Indiana; or
(4) As defined by the Indiana Department of Environmental Management latest revisions or amendments.
CONSERVATION AREA. Designated open space further defined as PRIMARY and SECONDARY CONSERVATION AREAS. PRIMARY CONSERVATION AREAS include wetlands, lands that are generally inundated, land within the 100-year floodplain, and slopes exceeding 25%. SECONDARY CONSERVATION AREAS typically include natural resources such as forests, meadows, farm fields, wildlife habitat and water quality protection or other reasons.
CONSERVATION EASEMENT. An easement granting a right or, interest in real property that is appropriate to retaining land or water areas predominately in their natural, scenic, open or wooded condition retaining such areas as suitable habitat for fish, plants or wildlife, or maintaining existing land uses.
CONSTRUCTION/DEMOLITION SITE. A solid waste land disposal facility, or site, designed and operated to accommodate large volumes of solid waste, having minimal potential for ground water contamination. Further, in the Boone County Solid Waste Management District, a construction/
demolition site is to be specifically designed and restricted to the disposal, processing and/or reclamation of only construction or demolition waste to include bricks; concrete; stone; glass; wallboard; lumber; roofing materials; other items which are affixed to the structure being constructed or demolished including plumbing fixtures; wiring and non-asbestos insulation; and other items not included in the above definition if subsequently approved by the Boone County Solid Waste Management District and the Indiana Department of Environmental Management.
CONVENIENCE STORE. A small store that is open for long hours and sells a variety of goods, especially gasoline, food and drink, cleaning materials, and newspapers or magazines.
COOPERATIVE. A building or land in which an individual owns stock in a corporation with the right through a proprietary lease to occupy a portion of the land or part of the building, which building shall be the same as DWELLING, MULTI-FAMILY.
COUNTY. The County of Boone, Indiana.
DAY CARE CENTER. A commercial facility or single-family home licensed and/or regulated by the Indiana Department of Public Welfare for the care and/or education of human beings. A DAY CARE CENTER shall not be considered a home occupation.
DECIBEL. A unit of measurement of the intensity of loudness of sound.
DEVELOPER. Any person engaged in developing a lot or group of lots or structures thereon for use or occupancy.
DEVELOPMENT PLAN. A specific plan for the development of real property that:
(1) Requires approval by the APC under I.C. 36-7-4-1400 series:
(2) Includes a site plan;
(3) Satisfies the development requirements specified in the ordinance regulating the development; and
(4) Contains the plan documentation and supporting information required by the ordinance regulating development.
DEVELOPMENT REQUIREMENT.
(1) Development standards plus any additional requirements specified herein, which must be satisfied in connection with the approval of a development plan.
(a) For development of real property in a zoning district for which a development plan is required; and
(b) That conforms to I.C. 36-74-1405.
(3) As relates to planned unit development a requirement:
(a) For development of real property in a planned unit development district that must be met; and
(b) That conforms to I.C. 36-7-4-1508.
DIRECTOR. The Executive Director of the Boone County Area Plan Commission who has the power to enforce this chapter, and is responsible for the performance of any duties or functions required by the Area Plan Commission of Boone County, Indiana, under I.C. 36-7-4.
DISTRICT. A section of the jurisdictional area for which uniform regulations governing the use, height, area, size and intensity of use of buildings and land, and open spaces about buildings, are herein established.
DRIVE-IN RESTAURANT. An establishment selling foods, frozen desserts or beverages to consumers, the establishment being designed, intended or used for the consumption of such items on the premises outside of the building in which they were prepared.
DRIVEWAY, PRIVATE. A privately controlled and maintained accessible ingress and egress extending from a public right-of-way or private road easement to one or two lots to access buildings or structures.
DRIVEWAY, PRIVATE ACCESS. A privately controlled and maintained easement, designed and maintained in compliance with the provisions of this chapter, that provides the means of access and frontage pursuant to the underlying zoning district for more than two and less than four abutting residential lots. The term ACCESS DRIVE shall be synonymous to the terms streets, avenue, place, way, lane or boulevard.
DRUG STORE. A store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and non-prescription medicines but where non-medical products may be sold as well.
DWELLING. A building or part of a building that is used primarily as a place of abode, but not including a hotel, motel, lodging house, boarding house, bed and breakfast or mobile home, as defined in this chapter.
DWELLING, MULTI-FAMILY. A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING, SINGLE-FAMILY. A detached residential dwelling unit designed for and occupied by one family only.
DWELLING, TWO-FAMILY. A detached residential building containing two dwelling units designed for occupancy by not more than two families.
DWELLING UNIT. A room or group of rooms designed and equipped exclusively for use as living quarters for only one family and its household employees, including provisions for living, eating, sleeping and cooking. The term shall include mobile and manufactured homes, but shall not include recreational vehicles.
EASEMENT. An authorization or grant by a property owner to specific persons, the general public, corporations, utilities and the like, for the purpose of providing services or access to the property.
ESTABLISHMENT OF AN ADULT ENTERTAINMENT BUSINESS. Any of the following:
(1) The opening or commencement of any such business as a new business;
(2) The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined herein;
(3) The addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or
(4) The relocation of any such business.
FAMILY. One or more persons living as single housekeeping unit, but not including a group occupying a hotel, motel, club, nursing home, dormitory, fraternity or sorority house.
FARM. An area comprising 20 acres or more which is primarily adapted, bu reason or nature, for the use for agricultural purposes.
FARM BUILDING. A structure on a farm which hosts agricultural storage of livestock, poultry, grain, feed, hay, farm machinery or other similar non-residential purposes.
FENCE. A partition including entrance and exit gates, designed and constructed for enclosure or screening.
FILLING OR SERVICE STATION. The same as AUTOMOBILE SERVICE STATION.
FLOOD or FLOODWATER. The water of any river or stream which is above the bank and/or outside the channel and banks of the river or stream.
FLOOD HAZARD AREA. Any floodplain, floodway, floodway fringe or any combination thereof which is subject to inundation by the peak discharge from a 100-year frequency flood event. The area shown as Zone A on the flood hazard boundary maps of Boone County and incorporated areas.
FLOOD PLAIN. The area adjacent to a stream or river which is subject to inundation by flood waters, including the floodway fringe and the regulatory floodway.
FLOOD PROTECTION GRADE. The elevation of the lowest point around the perimeter of a building at which floodwater may enter the interior of the building.
FLOODWAY. The channel of a river or stream and those areas adjacent to the channel which are expected to carry and discharge the peak flow of the 100-year frequency rainfall event.
FLOODWAY FRINGE. That portion of the floodplain which lies outside the floodway which may also be inundated by the peak flow of the 100-year frequency rainfall event.
FLOOR AREA, NET. The sum in square feet computed from the outside dimensions of the structure. It does not include crawl space, unusable attic area, unenclosed porches or patios, elevator shafts, display windows and the like.
FOOD PROCESSING. The preparation, storage or processing of food products.
FRATERNITY, SORORITY OR STUDENT HOUSING. A building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, convent, monastery or other similar institutional use.
FRONTAGE. The distance at which a property or properties is located along a dedicated street or road.
GARAGE, PARKING. Any garage, other than private garage, for the parking of vehicles.
GARAGE, PRIVATE RESIDENTIAL. A structure that is accessory to a residential building and that is used for the parking and storage of vehicles owned and operated by the residents thereof and that is not a separate commercial enterprise available to the general public.
GARAGE, TRUCK REPAIR. A building, other than a parking garage or private residential garage, used for the care, repair or equipment of trucks, over one ton, or where the vehicles are parked or stored for remuneration, hire or sale.
GEOMETRIC CENTER. The center point of the smallest rectangle that will encompass the entire site.
GRADE. The slope of a road, street or other public way, specified in terms of percentage.
GROSS FLOOR AREA. The sum of the gross horizontal areas of the several floors of a building or structure from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but excluding any space where the floor-to-ceiling height is less than six feet.
GROUND FLOOR AREA. Same as FLOOR AREA, NET except computed for ground floor only.
GROUP RESIDENTIAL FACILITY. A facility licensed by the State of Indiana, that provides a home-like setting to the developmentally disabled and/or the mentally ill who need the benefits of a group living situation as an alternative to hospitalization or institutionalization.
HELIPORT. See AIRPORT.
HAZARDOUS WASTE. A waste or combination of wastes that, because of its quantity; concentration; or physical, chemical and/or infectious characteristics; may:
(1) Cause or significantly contribute to an increase in mortality or increase in serious irreversible, or incapacitating reversible illness: or
(2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
HAZARDOUS WASTE LANDFILL. A facility approved by the EPA and sited by the State of Indiana for the disposal of hazardous wastes as defined elsewhere in this ordinance.
HEALTH CLUB. A place of business with equipment and facilities for exercising and improving physical fitness.
HOME CATERING. The business of providing perishable items in a residence for future transport to an off-site location for purchase.
HOME OCCUPATION. An accessory use that by custom has been carried on entirely within a dwelling unit, and is incidental and subordinate to the dwelling use and that shall not occupy more that 30% of the gross floor area or 700 square feet, whichever is less, of the dwelling units used. In connection with such use, there is to be no stock or trade of commodities sold on the premises. Such use shall be carried on by the occupants of the dwelling unit with not more that one nonresident employee, and shall not in any manner change the residential character of the building.
HOTEL or MOTEL. A building or group of buildings in which lodging is provided and offered to the public for compensation and which is open to transient guests, in contradiction to a boarding house or lodging house.
IMPROVEMENT LOCATION PERMIT. A permit stating that the proposed erection, construction, enlargement or moving of a building or structure referred to therein complies with the provisions of the Zoning Ordinance.
INCINERATOR. An engineered apparatus or solid waste processing facility designed for the burning of solid waste under the effect of controls of temperature, retention time, air and other combustion factors.
INDUSTRIAL, GENERAL. Manufacturing, processing, extraction, heavy repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or wastes, in which operations, other than transportation, may be performed in either open or closed areas.
INDUSTRIAL PARK. A tract of land that is planned and developed as a distinctive unit featuring landscaped open spaces and well designed structures to be used for research, offices, experimental and testing laboratories, light industrial, storage and distribution facilities, and for necessary uses to the convenience of employees, and is controlled by an organization guaranteeing the continued maintenance of all commonly used areas and installations.
INOPERATIVE MOTOR VEHICLE. Any automobile, truck, semi-trailer, school bus, recreational vehicle and the like that lacks a motor, drive train, wheels, axles, transmission and the like; also a vehicle which does not carry a current year state registration or license tag.
INSTITUTION. Any home, orphanage or other facility maintained or conducted by a group of persons, a firm, association, corporation or governmental body engaged in receiving and caring for dependent, neglected, handicapped or permanently disabled persons, or children in danger of becoming delinquent or in operating for gain a private business of boarding children who are unattended by parents or guardians, or persons in loco parentis.
INTERNET SALES (ELECTRONIC COMMERCE). The use of computer technologies to conduct general business communication and sales transactions over the internet. As most restrictively defined, electronic commerce is the buying and selling of goods and services, and the transfer of funds, through digital communications.
JUNK YARD. Any lot, parcel or tract of real estate, platted or unplatted, at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or assorted, including but not limited to used or salvaged base metal or metals, their compounds or combinations, used or salvaged rope, bags, paper matter; and property used for the dismantling, wrecking, storage, sale or clumping of two or more inoperative motor vehicles or their parts. This shall not include tractors, combines, pickers, discs, plows or other similar farm machinery that is owned by a farm operator and is used for parts replacement for machinery currently being used in the farming operation.
JURISDICTIONAL AREA. The unincorporated area of Boone County, Indiana, and participating incorporated areas.
KENNEL, SMALL. Any lot or premises on which there are located four to 25 runs, cages, pens and/or animal housing units for dogs or other small animals that are commonly kept as household pets which are at least three months old and where the primary use of the facility is to breed and/or board the animals, whether on a temporary or long-term basis. All animals must be licensed in accordance with county regulations.
KENNEL, LARGE. Any lot or premises on which there are located 26 to 50 runs, cages, pens and/or animal housing units for dogs or other small animals that are commonly kept as household pets, which are at least three months old, where the primary use of the facility is to breed and/or board the animals, whether on a temporary or long-term basis. All animals must be licensed in accordance with county regulations.
KENNEL, UNLIMITED. Any lot or premises on which there are located more than 50 runs, cages, pens and/or animal housing units for dogs or other small animals that are commonly kept as household pets, which are at least three months old, where the primary use of the facility is to breed and/or board the animals, whether on a temporary or long-term basis. All animals must be licensed in accordance with county regulations.
LANDSCAPE CONTRACTOR. A person, partnership or corporation involved in the business of growing, storing, planting, installing and otherwise caring for live-trees, shrubs, flowers and the like.
LANDSCAPE EASEMENT. An area located in a subdivision that may be privately owned, but is reserved to provide greenspace and bufferyards. Restrictions for landscape easements will reflect those of regulated drain easements.
LEGISLATIVE BODY. The Boone County Board of Commissioners or the appropriate legislative body of the incorporated areas of Boone County.
LIFE CARE FACILITY. A facility for the housing and care of elderly residents which may or may not contain on-site health care facilities.
LIGHT INDUSTRY. Manufacturing, processing, extraction, heavy repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or wastes, in which all operations, other than transportation, are performed entirely within enclosed buildings and for which all loading and unloading facilities are enclosed.
LIMITED ACCESS HIGHWAY. A highway to which abutting properties are denied access.
LOADING AND UNLOADING BERTHS. The off-street area required for the receipt or the distribution, by vehicles, of material or merchandise.
LOT. A platted parcel or tract of land of at least sufficient composition to meet minimum zoning requirements and provide such yards and other open spaces as are hereby required.
LOT AREA. The area of horizontal plan bounded by the vertical planes through front, side and rear lot lines.
LOT, CORNER. A lot at the junction of or abutting two or more intersecting streets. CORNER LOTS have two frontyard setbacks and two side yard setbacks.
LOT COVERAGE. The total ground area within the lot or project covered by the primary structure, plus any accessory structures (including decks, patios, swimming pools, garages, carports and storage sheds), excluding driveways, sidewalks, fences and walls not attached in any way to a roof.
LOT DEPTH. The average horizontal distance between the front and rear lot lines.
LOT, FLAG. A lot with access provided to the majority of the lot by means of a narrow corridor.
LOT, GROUND LEVEL. For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street. For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the center of all walls adjoining the streets. Any wall approximately parallel to and not more than five feet from a street is to be considered as adjoining the street.
LOT, INTERIOR. A lot other than a corner lot or through lot.
LOT LINE. A line dividing one lot from another lot or from a street or alley.
LOT LINE, FRONT. Any property line separating the lot from a street; or on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.
LOT LINE, REAR. Any property line which is not intersecting and most distant from and most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line.
LOT LINE, SIDE. Any lot boundary line not a front lot line or rear lot line.
LOT OF RECORD. A lot whose existence, location and dimensions have been legally recorded or registered in a deed or on a plat recorded in the office of the County Recorder, provided that the lot meets the requirements for lots in the district in which it was located at the time of recording.
LOT, THROUGH. A lot having frontage on two parallel or approximately parallel street.
LOT WIDTH. The horizontal distance between side lot lines, measured at the required front setback line.
LOW LEVEL NUCLEAR WASTE. Radioactive byproduct materials generated by laboratory, hospital and industrial research and commercial production as defined by the Atomic Energy Act of 1954, as amended and administered by the Nuclear Regulatory Commission.
MACHINE SHOP. A commercial business for the primary purpose of manufacturing, compounding, assembly, or treatment of articles or merchandise from previously prepared materials. Types of permitted MACHINE SHOPS include blacksmith shops, cabinet or carpenter shops, electric motor rebuilding, machine shops, sheet metal shops, welding shops, plumbing shops and the like.
(1) MACHINE SHOP, LARGE. A large machine shop is determined by the scale and extent of the number of employees and/or total square footage of the building not to exceed 55,000 square feet. The number of employees may range between 10 and 25 permissible at one shift performing work on-site.
(2) MACHINE SHOP, SMALL. A small machine shop is determined by the scale and extent of the number of employees and/or total square footage of the building not exceed 30,000 square feet. The number of employees permissible at one shift is ten performing work on-site.
MAJOR RESIDENTIAL SUBDIVISION. The division of a lot, tract or parcel of land into five or more residential lots, tracts, parcels or other divisions of land for sale, development or lease.
MANUFACTURED HOME. As defined in I.C. 22-12-1-16, a dwelling unit (as defined in P.I. 312), 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, and certified by the State of Indiana. The MANUFACTURED HOME shall be constructed after January 1, 1931, classified as residential design, and exceed 750 square feet of occupied space, and exceed 12 feet in width. Occupied space does not include porches, terraces, garages, pull-out or expansion rooms.
MANUFACTURED HOME SUBDIVISION. A parcel of land platted for subdivision according to all requirements of the Comprehensive Plan, Zoning Ordinance and Subdivision Control Ordinance, designed or intended for lots to be conveyed by deed to individual owners for residential occupancy primarily by manufactured homes.
MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS CODES. Title VI of the 1974 Housing and Community Development Act (42 U.S.C. §§ 5401 et seq.), as amended (previously known as the Federal Mobile Home Construction and Safety Act), rules and regulations adopted thereunder (including information supplied by the home manufacturer, which has been stamped and approved by a Design Approval Primary Inspection Agency, an agent of the U.S. Department of Housing and Urban Development pursuant to HUD rules), and regulations and interpretations of said code by the Indiana Department of Fire and Safety, all of which became effective for mobile/manufactured home construction on June 15, 1976.
MASSAGE. Any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external parts of the human body with the hands or with the aid of any mechanical electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefore. However, MASSAGE, as used in this chapter, shall not apply to the activity of any person who is registered or licensed by the United States Government or any agency thereof, by the State of Indiana or any agency thereof, by Boone County or any agency thereof, or registered or licensed by any agency or association authorized to so register or license by any statute or ordinance of the United States, the State of Indiana or Boone County, while the person so registered or licensed is performing the services for which the registration or license was issued and during the period of time the registration or license is in effect.
MASSAGE ESTABLISHMENT. Any establishment having a source of income or compensation derived from the practice of massage as herein defined and which has a fixed place of business where any person, firm, association or corporation engages in, or carries on any of the activities as defined in a massage.
MAXIMUM DENSITY. A unit of measurement which represents the maximum number of units per acre of land on the aggregate total land to be developed, exclusive of rights-of-way of perimeter streets, floodway areas, and areas designated as primary conservation areas or other non-developable areas.
MINERAL EXTRACTION. Activities including mining or quarrying, and the removal of earth materials.
MINOR RESIDENTIAL SUBDIVISION. The division of a lot, tract or parcel of land into two to four residential lots, tracts, parcels or other divisions of land for sale, development or lease.
MOBILE HOME. As defined in I.C. 16-41-27-4, a detached transportable structure designed to be used as a single-family residential dwelling with all of the following characteristics:
(1) Certified in a factory and fabricated to the standards outlined in Indiana Public Law 135, pursuant to state law;
(2) Designed to be transported after fabrication on its own wheels; and
(3) Arriving at the site where it is to be occupied as a dwelling complete, including the major appliances and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to the utilities and the like.
MOBILE HOME PARK. As defined in I.C. 16-41-27-5, any parcel or tract of land licensed and registered under provisions of the Mobile Home Commission Act, being Act 419 of the Public Acts of 1976, as amended, under the control of any person upon which three or more occupied mobile homes are harbored on a continual or non-recreational basis, or which is offered to the public for that purpose, regardless of whether a charge is made therefor, together with any building structure, enclosure, street, equipment or facility used or intended for use incident to the harboring or occupancy of mobile homes.
MOBILE HOME, TEMPORARY. The temporary placement of a mobile home for one of the following purposes:
(1) Temporary residence for persons intending to build a permanent residence on the same property within two years;
(2) Temporary residence of a mobile home adjacent to the permanent residence of one who is able to provide care or in need of care; and
(3) Temporary use of a mobile home, trailer or van as a contractor’s office, watchperson’s shelter or tool and equipment storage on the project site and only during the period of construction.
MULTI-UNIT DEVELOPMENT. A development which contains three or more residential units.
NIGHT CLUB. An establishment dispensing liquor and/or meals and in which music, dancing or entertainment is conducted, excluding adult or sexually oriented activities.
NON-CONFORMING USE. Lots, structures, uses of land and/or zoning districts which were lawful before this chapter was amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments.
NUCLEAR WASTE. Radioactive fuel elements, assemblies and the like generated by utility companies; military, industrial and commercial production as defined by the Atomic Energy Act of 1954 as amended and administered by the Nuclear Regulatory Commission. Any radioactive material whether gaseous, liquid or solid and associated carrier materials whether gaseous, liquid or solid which has been declared de minimus and no longer under control of the NRC. The material may or may not be designated hazardous by the EPA.
NURSING HOME. A facility licensed by the State of Indiana which provides nursing and health care services on a continuing basis to persons of all ages who may require medical treatment but not hospitalization.
OPEN BURNING. The combustion of any matter in the open or in an open dump.
OPEN DUMP. The consolidation of solid waste from one or more resources or the disposal of solid waste at a single disposal site that does not fulfill the requirements of a sanitary landfill or other land disposal method as prescribed by law or regulations, and that is established and maintained without cover and without regard to the possibilities of contamination of surface or sub-surface water resources.
OPEN SPACE. Common space that provides light and air and is designed for environmental, scenic or recreational purposes. Cropland, forested areas or pastureland qualifies as open space. OPEN SPACE may include turf areas, decorative plantings, walkways, active and passive recreation areas, playgrounds, wooded areas and wetlands. Recreational facilities located on the grounds of public schools may qualify as open space, provided that there are no barriers (i.e. fences, walls and the like) between the grounds and residential properties. OPEN SPACE shall comprise primary conservation areas, secondary conservation areas and bufferyards. OPEN SPACE shall not include areas devoted to public or private streets or rights-of-way.
ORPHANAGE. An institution for the care of children whose parents are incapacitated or deceased.
OVERLAY DISTRICT. A zoning district that encompasses one or more underlying zones and that imposes additional requirements above that required by the underlying zone.
PARENT LOT, TRACT OR PARCEL. The lot, tract or parcel of land for which approval is sought to subdivide it into at least two lots, tracts, parcels or other divisions of land for sale, development or lease.
PARKING AREA. Any public or private area, under or outside of a building or structure, designed and used for parking and maneuvering motor vehicles including garages, private driveways and legally designated areas of public streets.
PARKING SPACE. A space other than on a street or alley designed for use or used for the temporary parking of a motor vehicle.
PERSON. Any individual, corporation, firm, partnership, association or organization, or any other group that acts as a unit.
PLANNED UNIT DEVELOPMENT. A district established to allow development of an area of land as a single entity for a number of uses conforming to an approved development plan, which may not correspond with number of units, bulk, type of use, density, open space, parking, signage, landscaping or other standards required by other ordinances; a zoning district for which a PUD ordinance is required.
PLANT NURSERY. Land, buildings, structures or a combination thereof for the storage, cultivation, transplanting of live trees, shrubs or plants offered for retail or wholesale sale on the premises including products used for gardening and landscaping.
PLAT. A map or chart indicating the subdivision or re-subdivision of land intended to be filed for record.
PLAT COMMITTEE. In accordance with I.C. 36-7-4-701(e), a sub-committee created by the Plan Commission to hold hearings on minor residential subdivisions and replats on behalf of the APC in accordance with the rules of procedure of the APC.
PRIMARY CONSERVATION AREAS. This category includes wetlands, lands that are generally inundated (under ponds, lakes or creeks), land within the 100-year floodplain, and slopes exceeding 25%.
PRIME FARMLAND. Land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber and oilseed crops and is also available for these uses (land cannot be urban built-up land or water). It has the soil quality, growing season and moisture supply needed to economically produce sustained high yields or crops when treated and managed, including water management, according to acceptable farming methods. In general, PRIME FARMLANDS have an adequate and dependable water supply from precipitation or irrigation, a favorable temperature and growing season, acceptable acidity or alkalinity, acceptable salt and sodium content, and few or no rocks. They are permeable to water and air. PRIME FARMLANDS are not excessively erodible or saturated with water for a long period of time, and they either do not flood frequently or are protected from flooding. These areas are defined and illustrated on the map important farmlands as defined in 1975 by Cartographic Division, Soil Conservation Service, USDA, of Boone County, Indiana as amended.
PRINCIPAL USE. The main use of land or structures as distinguished from a secondary or accessory uses.
PRIVATE SCHOOL. A private primary, grade, high or preparatory school or academy not supported by public tax dollars.
PROFESSIONAL OFFICE CENTER. A building or group of buildings housing professional offices and appropriate associated and accessory uses.
PUBLIC SEWER UTILITY. A municipal or public sewage disposal service which has been issued a final order by the Indiana Utility Regulatory Commission (IURC) granting a certificate of territorial authority (CIA) to the utility and maintains the CTA in good standing with the IURC.
PUBLIC UTILITY. A municipal or public utility service which has been issued a final order by the Indiana Utility Regulatory Commission granting an applicable certificate to the utility and maintains the certificate in good standing with the IURC.
PUBLIC UTILITY INSTALLATIONS. The erection, construction, alteration, operation or maintenance of buildings, power plants, substations, water and sewage treatment plants, pumping stations, and other similar public service structures by a public utility, railroad or by a municipal or other governmental agency.
PUBLIC WATER UTILITY. A municipal or public water utility service which has been issued a final order by the Indiana Utility Regulatory Commission (IURC) granting a certificate of necessity and convenience (CNC) to the Utility and maintains the CNC in good standing with the IURC.
PUD. Planned Unit Development.
PUD DISTRICT. A zoning district for which a PUD District Ordinance is adopted.
PUD DISTRICT ORDINANCE. A zoning ordinance that does the following:
(1) Designates one or more parcels for real property as a PUD District;
(2) Specifies uses or range of uses permitted in the PUD District;
(3) Expresses in detailed terms the development requirements that apply in the PUD district;
(4) Specifies the plan documentation and supporting information that must be supplied before an improvement location permit may be issued for development of real property in the PUD District;
(5) Specifies any limitation applicable to a PUD District; and
(6) Meets the requirements of the I.C. 36-7-4-1500 series.
RECOVERY. Obtaining materials or energy for commercial or energy for commercial or industrial use from solid waste or hazardous waste.
RECREATION AREA. An area designated, designed and equipped for the conduct of sports and leisure-time activities.
RECREATION FACILITY, INDOOR. A place primarily designed and equipped for the conduct of sports and leisure-time activities indoors.
RECREATION FACILITY, OUTDOOR. An area primarily designed and equipped for the conduct of outdoor sports and leisure-time activities. Such facility may be either public or private.
RECREATIONAL VEHICLE (RV). A vehicle designed as a temporary living quarters for recreation, camping or travel, either with their own motor power or mounted or towed by another powered vehicle.
RECREATIONAL VEHICLE PARK. Any lot or land upon which two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.
RECYCLING. A process by which materials that would otherwise become solid waste are collected, separated or processed, and converted into materials or products for reuse or sale.
REGULATORY FLOOD PROFILE. A longitudinal profile along the thread of a stream showing the maximum water surface attained by the regulatory flood.
RESOURCE RECOVERY. The processing of solid waste into commercially valuable materials or energy.
RESOURCE RECOVERY FACILITY. A solid waste processing facility designed and operated for the express purpose of processing solid waste into commercially valuable materials or energy.
RESOURCE RECOVERY SYSTEM. A solid waste management system which provides for collection, separation, recycling and recovery of solid and/or non-hazardous wastes including the disposal of non-recoverable waste residues.
RESTRICTED WASTE SITE. A solid waste land disposal facility designed and operated to accommodate specific types of waste as specified in state law.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by transportation facilities, public utilities or other special public uses.
RINGLEMAN NUMBER. The number of the area on the Ringleman Chart that most nearly approximates the light observing capacity of smoke. The RINGLEMAN CHART is described in the U.S. Bureau of Mines Information Circular 6888, on which are illustrated graduated shades of gray for use in estimating smoke density. Smoke below the density of Ringleman No. 1 shall be considered as no smoke or Ringleman No. 0.
ROAD FRONTAGE. The distance measured along the property line that divides a lot from a right-of-way, and between the points of intersection of the side lot lines and right-of-way.
ROADSIDE PRODUCE STAND. A temporary structure designed or used for the display or sale of agricultural and related products.
SANITARY LANDFILL. A solid waste land disposal facility designed to accommodate general types of solid waste as elsewhere defined in this chapter, excluding waste regulated by state law, and operated by spreading the waste in thin layers, compacting it to the smallest practical volume, and covering it with cover material at the end of each working day. This definition does not include a clean fill site, or a construction/demolition site, which are defined elsewhere in the chapter.
SECONDARY CONSERVATION AREAS. This category shall typically include all or part of the following kinds of resources: woodlands; aquifer recharge areas; poorly drained soils; significant wildlife habitat areas; prime farmland; historic, archaeological or cultural features listed (or eligible to be listed) on national, state or county registers or inventories; scenic views into the property from existing public roads; or other features unique to the site. SECONDARY CONSERVATION AREAS, therefore, typically include forest, meadows, pastures, farm fields, part of the ecologically connected matrix of natural areas significant for wildlife habitat, water quality protection or other reasons.
SEPTIC SYSTEM, PRIVATE. A septic tank, filtration field and sub-surface drainage if required, which are located on an individual lot. Installations of such a system shall be based on the requirements of the Boone County Sewage Disposal and Drainage Ordinance as administered by the Boone County Health Department.
SERVICES INVOLVING SPECIFIED SEXUAL ACTIVITIES or DISPLAY OF SPECIFIED ANATOMICAL AREAS. This phrase, as used in the definition of ADULT SERVICE ESTABLISHMENT, means and includes any combination of two or more of the following activities:
(1) The sale or display of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas;
(2) The presentation of films, motion pictures, video cassettes, slides or similar photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons;
(3) The operation of coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas;
(4) Live performance by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas; and
(5) The operation of a massage establishment.
SETBACK LINE. A line established by this chapter defining the limits of a yard in which no building or structure may be located except as may be excluded in the chapter.
SHARED DRIVEWAY. A single driveway that serves two to four adjacent lots pursuant to access easements.
SIGN. Any object, device, display or structure, or part thereof situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. For purposes of this chapter, the following signs are defined:
(1) ANIMATED SIGN. Any sign that uses movement or change of lighting to depict action or create a special effect or scene.
(2) BANNER. Any sign of lightweight fabric or similar material that is permanently 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.
(3) 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.
(4) BUILDING SIGN. Any sign attached to any part of a building, as contrasted to a freestanding sign.
(5) 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.
(6) FLAG. Any fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity.
(7) FREESTANDING 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.
(8) INCIDENTAL SIGN. A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as “no parking”, “entrance”, “loading only” and other similar directives. No sign with a commercial message legible from a position off the lot on which this sign is located shall be considered INCIDENTAL.
(9) MARQUEE. Any permanent roof-like structure projecting beyond a budding or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
(10) OFF-PREMISES SIGN. Directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
(11) 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 one-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 front the public right-of-way, unless the vehicle is used in the normal day-to-day operations of the business.
(12) 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 the building or wall.
(13) RESIDENTIAL SIGN. Any sign located in a residential district that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering the service at the location conforms with all requirements of this chapter.
(14) ROOF SIGN. Any sign erected and considered wholly on an over the roof of a building, supported by the roof structure and extending vertically above the highest portion of the roof.
(15) ROOF SIGN, INTEGRAL. Any sign erected or constructed as an 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.
(16) SUSPENDED SIGN. A sign that is suspended from the underside of a horizontal plane surface and is supported by the surface.
(17) TEMPORARY SIGN. Any sign that is used only temporarily and is not permanently mounted.
(18) WALL 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 the wall or building, and which displays only one sign surface.
SITE PLAN. A plan prepared to scale, and other material showing accurately and with complete dimensions, the boundaries of a site and the location of all buildings, structures, uses and principal site development features, interior vehicular and pedestrian access proposed for a specific parcel of land.
SMOKE UNIT. The number obtained when the smoke density in Ringleman number is multiplied by the time of emission in minutes. For the purpose of this calculation, a Ringleman density reading shall be made at least once a minute during the period of observation. Each reading shall then be multiplied by the time in minutes during which it is observed. The products so computed shall then be added to give the total number of smoke units observed during the entire observation period.
SOLID WASTE. Garbage; refuse; sludge from a waste treatment plant, water supply treatment plant or air pollution control facility; or other discarded materials including solid, liquid, semi-solid or contained gaseous material resulting from industrial, commercial, mining or agricultural operations or from community activities. However, the term solid waste does not include:
(1) Solid or dissolved materials in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges, which are point sources subject to permits under § 402 of the Water Pollution Control Act Amendments (33 U.S.C. § 1342);
(2) Source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C. §§ 2011 et seq.); or
(3) Manures or crop residues returned to the soil at the point of generation as fertilizers or soil conditioners as part of a total farm operation (F.L. 145-1985, § 90).
SOLID WASTE PROCESSING FACILITY. A solid waste facility upon which is located a solid waste incinerator, transfer station, solid waste baler, solid waste shredder, resource recovery system, composting facility, garbage grinding facility and other facilities, or recycling facilities, not included in the above definition if subsequently approved by the Boone County Solid Waste Management District and the Indiana Department of Environmental Management.
SOLID WASTE TRANSFER STATION. A facility for the collection, separation, compaction, processing and storage of solid waste until the waste can be transported or transferred to a sanitary landfill or other facility approved and licensed for the disposal of solid wastes by the State of Indiana.
SPECIAL EXCEPTION. The authorization of a use, designated as being permitted in the District concerned if it meets special conditions, and upon application, is specifically authorized by the BZA.
SPECIFIED ANATOMICAL AREAS. This phrase means and includes any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. This phrase means and includes any of the following:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy;
(3) Fondling or other erotic touchings of human genitals, pubic regions, buttocks or female breasts;
(4) Flagellation or torture in the context of a sexual relationship;
(5) Masochism, erotic or sexually oriented torture, beating or the infliction of pain;
(6) Erotic touching, fondling or other such contact with an animal by a human being; or
(7) Human excretion, urination, menstruation, vaginal or anal irrigation as part of or in connection with any of the activities set forth in divisions (1) through (6) above.
STABLE, PRIVATE. An accessory building in which horses are kept for private use and not for remuneration, hire or sale.
STABLE, PUBLIC. An accessory building in which horses are kept for commercial use including boarding, hire, riding, show or sale.
STATE. The State of Indiana.
STORY. That part of a building between the surface of a floor and the ceiling immediately above; or if there is a floor above, the portion of a building between the surface of any floor and the surface of the next floor above. A basement shall not be counted as a STORY.
STREET (ROAD). A right-of-way established for or dedicated to the public use which affords the principal means of access to abutting properties.
STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders or any substantial change in the exterior walls or roof.
STRUCTURE. Anything constructed or erected which requires location on the ground or attachment to something having a location on the ground.
SUBDIVIDER. Any person having an interest in land that is the subject of an application for subdivision. Also, a person submitting an application for subdivision.
SUBDIVISION. The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale, development or lease.
SUBDIVISION, MAJOR RESIDENTIAL. The division of a lot, tract or parcel of land into five or more residential lots, tracts, parcels or other divisions of land for sale, development or lease. The parent lot, tract or parcel of land counts as one of the subdivided lots, tracts, parcels or other subdivisions of land for the purpose of determining whether the application for approval is to be treated as a major or minor residential subdivision.
SUBDIVISION, MINOR RESIDENTIAL. The division of a lot, tract or parcel of land into two to four residential lots, tracts, parcels or other divisions of land for sale, development or lease. The parent lot, tract or parcel of land counts as one of the subdivided lots, tracts, parcels or other subdivisions of land for the purpose of determining whether the application for approval is to be treated as a major or minor residential subdivision.
SWIMMING POOL. A self-contained body of water at least 18 inches in depth used for recreational purposes. The body of water may exist in a metal tank, plastic lined or masonry structure located either above or below ground level. SWIMMING POOLS may be either public or private in use. A private pool is considered as an accessory use.
THOROUGHFARE. See STREET.
THOROUGHFARE PLAN. The portion of the Boone County Comprehensive Plan and Zoning Map indicating the existing and proposed location of interstate highways, primary arterials, secondary arterials, feeders and local roads and streets and right-of-ways within the jurisdiction of the APC.
TOWN. The incorporated constituent areas under the jurisdiction of this chapter.
TRADE OR BUSINESS SCHOOL. A secretarial or business school or college when not publicly owned or not owned or conducted by or under the sponsorship of a religious, charitable or non-profit organization, or a school conducted as a commercial enterprise for teaching music, dancing, barbering, hair dressing, drafting or industrial or technical arts.
TRANSFER STATION. A solid waste processing facility at which solid waste is transferred from a vehicle or a container to another vehicle or container for transportation, but shall not include neighborhood recycling collection centers or transfer activities at generating facilities.
TRUCK SERVICE CENTER. A commercial trucking operation which provides areas for fueling, parking, and usually food and other necessary services to long-haul trucks. Truck stops are usually located on or near a busy road and consist (at the very least) of a diesel grade fueling station with bays wide and tall enough for modern tractor/trailer rigs and have a large enough parking area to accommodate from five to over a hundred trucks or other heavy vehicles.
USE. The specific purposes for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained.
VARIANCE. A modification of the specific requirements 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 and district.
VETERINARY ANIMAL HOSPITAL or CLINIC. A facility where the primary use is for a licensed veterinarian and his or her supervised staff to the care, diagnose and treat sick, ailing, infirm or injured animals, and those in need of medical or surgical attention. Temporary boarding as an accessory use is allowed.
VIDEO STORE. A business where videos and associated visual home entertainment products are sold, rented or otherwise distributed, excluding sexually oriented material.
WIRELESS COMMUNICATIONS FACILITY. Any towers, poles, antennas or other structures intended for use in connection with transmission or receipt of radio or television signals, or any other spectrum-based transmissions/receptions.
YARD. A space on the same lot with principal building, open, unoccupied and unobstructed by structures, except as otherwise provided in this chapter.
YARD, FRONT. A yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lamp posts and similar structures, the depth of which is the perpendicular distance between the street right-of-way line and the front setback line.
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 perpendicular distance between the rear lot line and the rear setback line.
YARD SALE. Garage sales, rummage sales, yard sales and the like shall mean the sale of personal property from a residentially occupied site, provided that the sale shall not extend beyond three consecutive days and further that they may be conducted to a maximum of four times in a calendar year.
YARD, SIDE. A yard extending across the full length of the lot, unoccupied other than by steps, walks, terraces, driveways, lamp posts and similar structures, the depth of which is the perpendicular distance between the side lot line and the side setback line.
ZONE MAP. The map or maps that are a part of the zoning ordinance and delineate the boundaries of zone districts and any amendments thereto of the jurisdictional area of the APC.
ZONING ORDINANCE (CHAPTER). The Boone County Zoning Ordinance enacted by the APC on October 6,1976, and as amended. It is a regulatory measure designed to encourage high standards of development and to foster the most efficient use of land within the county.
(Ord. 98-25, passed 12-21-1998; Am. Ord. 2001-4, passed 2-12-2001; Am. Ord. 2002-15, passed - -2002; Am. Ord. 2003-8, passed 4-7-2003; Am. Ord. 2004-01, passed 2-9-2004; Am. Ord. 2004-07, passed - -; Am. Ord. 2006-6, passed 5-6-2006; Am. Ord. 2012-02, passed 3-5-2012)