ABANDONMENT. A nonconforming use shall be considered abandoned when: (1) The use of the property is replaced by a conforming use; or (2) the building or premises are left vacant for six months; and (3) most of the equipment and furnishings have been removed and not replaced. This definition applies only to nonconforming uses.
ACCESSORY USE. A subordinate use that relates to the same lot as a primary use and is used other than for human occupancy.
ACCESS ROAD. A road or easement that provides access to a parcel of land that is a minimum of 20 feet in width.
ADULT BOOK STORE. An establishment having as a substantial or significant portion (more than one-third) of its stock and/or sales in, pictures, (still or motion), books, magazines and other periodicals which are distinguished or characterized by their emphasis or matter depicting, describing or relating to “specified sexual activities,” or “specified anatomical areas,” or an establishment with a segment or section devoted to (one-third or more of its floor space) for sale or display of such material. There shall be no more than one establishment located in any one block.
(A) SPECIFIED SEXUAL ACTIVITIES. Means (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 touching of human genitals, pubic region, buttock or female breast.
(B) SPECIFIED ANATOMICAL AREAS. Means (1) less than completely and opaquely covered; (A) human genitals, pubic region; (B) buttock, and (C) female breast below a point immediately above the top of the areola; (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
AGRICULTURE. An activity for profit, but not limited to:
(A) The raising of trees, vines and crops of any kind;
(B) The maintaining, breeding and raising of poultry and livestock of any kind; and
(C) The harvesting, curing, processing, packaging, shipping, packing and selling of agricultural products for profit, produced on the premises.
AGRICULTURE BUILDING. A structure utilized for the conduct of farming operation for the purpose of housing farm animals, feed and farm equipment, but does not include dwelling or garage.
AICUZ. A study titled “Air Installations Compatible Use Zones” that gives the impact of the flight operations at Grissom Aeroplex on future land use. This document defines noise contours and identifies compatible land use relationships.
AIRCRAFT. A contrivance intended for use or designed for navigation of or flight in the air or outer space, by humans, including missiles and all hobby planes.
AIRPORT. Any area which is used or intended to be used for takeoff and landing of aircraft, including helicopters and any appurtenance area, which are used or intended to be used for airport buildings or facilities, including open spaces, taxi-ways and tie-down areas.
ALLEY. A right-of-way other than a street, road, crosswalk or easement, that provides secondary access for the special accommodation of the abutting property.
AMUSEMENT CENTER. An establishment where the business is to provide entertainment for recreation such as, bowling, pool, billiards, video games or other similar games or devices.
AMUSEMENT PARK. A commercial establishment where the business is any outdoor activity use for recreation purpose.
APARTMENT HOUSE. Means the same as DWELLING, MULTI-FAMILY.
AUTOMATIC CAR WASH. A building or portion thereof, where automobiles are washed by mechanical devices of any kind.
AUTOMOBILE DEALERSHIP. A lot where a franchise for new and used vehicles are sold and serviced.
AUTOMOBILE HOLD AREA. An area where wrecked, damaged or impounded vehicles are stored or kept for a period of time waiting for insurance, title or police release.
AUTOMOBILE SALES LOT. A lot arranged, designed or used for the display or storage, for sale of motor vehicles where no repair work is done.
AUTOMOBILE SALES AND SERVICE LOT. A lot in which new or used vehicles are sold and no more than 20% of the trade is dedicated to minor repair.
BED AND BREAKFAST. A residential building converted to a lodging house available to transients which include the morning meal and where a portion of the premises may be used by the person for a social, literary purpose, provided that the social or literary does not exceed more than 35 guests and excluding the sale of alcoholic beverages through any means.
BLOCK. An area that abuts a street and lies between two adjoining street or barriers such as a railroad right-of-way or a waterway.
BOARD. The Town of Bunker Hill Board of Zoning Appeals.
BOARDING HOUSE. A building available to transients, in which lodging and meals are regularly provided for compensation, for at least three, but not more than 15 persons.
BUILDING. A roofed structure for the shelter, support, enclosure or protection of person, animals or property.
BUILDING AREA. The horizontal projected area of the building on the lot, including open areas and terraces, unenclosed porches not more than one story high, and architectural features that project more than two feet.
BUILDING COMMISSIONER. An officer, employee or agent of the town, who has the authority to enforce this ordinance for the Town Plan Commission and the Board of Zoning Appeals.
BUILDING, DETACHED. A building having no structural connection with another building.
BUILDING HEIGHT. The vertical distance measured from the adjoining street centerline grade at a point opposite the principal frontage of the building to the highest point of the ceiling of the top story in the case of a flat roof to the deck line of a mansard roof and to the main height level between the eaves and ridges of a gable, hip or gambrel roof. Where the building may be measured from the average elevation of the finished lot grade at the front of the building.
BUILDING, MAIN. A building constituting the principal use on the lot.
BUILDING, NONCONFORMING. A legally existing building which fails to comply with the regulations set forth in this ordinance applicable to the district in which such building is located.
BUSINESS. The purchase, sale or exchange of goods or services, or the maintenance for profit of offices or recreational or amusement enterprises.
BUSINESS DISTRICT. Local Business (LB), General Business (GB) zone districts.
BUSINESS WHOLESALE. A business establishment that generally sells commodities, including, but not limited to, perishable or flammable in large quantities or by the piece to retailers, jobbers, other wholesale establishment or manufacturing establishments. The commodities are basically for further resale, for use in the fabrication of a product, or for use by business service.
CAMPGROUND. An area of land used or designed to be used to accommodate two or more camping units, including cabins, tents, travel trailers or other camping outfits.
CARPORT. A structure with roof which is unenclosed or partly enclosed, attached to dwelling or other structure, or unattached for the purpose of providing protection for a motor vehicle or other goods.
CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes, including columbium, crematory, mausoleum or mortuary operated in conjunction with and on the same tract as the cemetery.
CERTIFICATE OF OCCUPANCY. A certificate issued by the Plan Administrator stating that the occupancy and uses of the land or a building or structure referred to therein complies with the provisions of this ordinance.
CHILDREN’S HOME OR CHILD CARING INSTITUTION. Any children’s home, orphanage, institution or other place maintained or conducted by any group or person engaged in receiving and caring for dependent, neglected, handicapped children or children in danger of becoming delinquent or in operating for gain a private business of boarding children who are unattended by parent or guardian, or person in loco parentis, except licensed foster homes.
CLINIC. An establishment in which patients are admitted for study or treatment of a disease, disorder or disability and in which service of a least two physicians, dentists or chiropractors are provided.
CLUB. A building, or portion thereof, or premises owned or operated by a person for social, literary, political, educational or recreational purpose primarily for the exclusive use of members and guest, including the sale of alcoholic beverages.
COMMERCIAL VEHICLE. Any vehicle over one ton used for commercial use, including, but not limited to, tractor-trailers, dump trucks, semis and school buses.
COMMISSION. The Town Plan Commission.
COMPREHENSIVE PLAN. A plan recommended by the Plan Commission and adopted by the Town Council, in accordance with the laws of the state, for the promotion of public health, safety, morals, convenience, order or the general welfare and for the sake of efficiency and economy in the process of development, the Plan Commission shall prepare a Comprehensive Plan, which may include policies for:
(A) The development of public ways, public spaces, public structures and public and private utilities;
(B) The issuance of improvement location permits on platted and unplatted lands; and
(C) The laying out and development of public ways and services to platted and unplatted land.
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 yard, foundations, basements, floors, walls, hallways, stairways, elevators and all related common elements, together with individual ownership in fee of a particular unit.
CONFINEMENT FEEDING. Shall mean as feeding of animals grown for food, fur or pleasure purposes in lots, pens, ponds, sheds or buildings where feed is supplied to them by means other than grazing. For the purpose of this ordinance, the CONFINEMENT FEEDING shall be limited to the confined feeding of (1) 300 or more cattle; (2) 600 or more swine or sheep, or (3) 30,000 or more fowl. These numbers have be established by Pub. Law No. 175, Act of the 1971 Indiana General Assembly. In the event that said Act is amended, this ordinance shall be deemed amended so that it is in conformity with said Act.
CUL-DE-SAC. A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement, including public safety vehicles.
DAY CARE CENTER. Any service providing childcare, as defined in I.C. 12-7-2-28.2, or qualifying as a childcare center, childcare home, childcare ministry or child caring institution, as defined in I.C. 12-7-2-28.4, 12-7-2-28.6, 12-7-2-28.8 and 12-7-2-29.
DISTRICT OR ZONES. An area within which there are uniform regulations governing the use, height, area, size and intensity of the use of building and land and open space about the buildings.
DRIVE-IN RESTAURANT. A building or structure in which food and/or drink area primarily prepared for sale and human consumption under one or more or the following conditions:
(A) Within vehicles on the premises with such structure;
(B) On the premises outside of such structure;
(C) Take-out restaurants for human consumption off the premises; and/or
(D) Access driveway to window for pickup orders.
DRIVEWAY. The minimum area of land required to provide reasonable access from the street to the dwelling.
DUMP, OPEN. Any premises or portion thereof used for the disposal or storage of garbage, sewage, trash, refuse, waste material of any kind, junk, discarded machinery, vehicles or vehicle parts thereof, offal, dead animals or hazardous materials by abandonment, discarding, bumping reduction, burial, incineration or any means and whatever purpose which does not conform to the requirement and specification as set forth in this ordinance.
DWELLING. A place or part of building that is used primarily as a place abode, but not including a hotel, motel, bed and breakfast, lodging house, boarding house or tourist home or mobile home as defined in this ordinance.
DWELLING, MULTI-FAMILY. A single building consisting of three or more dwelling units, with varying arrangements of entrances and party walls.
DWELLING, SINGLE-FAMILY. A building consisting of a single dwelling unit only, separated from other dwelling units by open space.
DWELLING, TWO-FAMILY. A dwelling that is designed or converted into two separate dwellings for occupancy of two family units which may be separated by walls, carport or garage.
EASEMENT. An authorization granted by the property owner for the use by another of any designed use or interest of his or her property for clearly specified purpose(s).
ENLARGEMENT or TO ENLARGE. ENLARGEMENT means an addition to the floor area of an existing building and increase in the size of any structure, and increase in that portion of a tract of land occupied by an existing use. TO ENLARGE is to make an enlargement.
FAMILY. One or more persons living as a single housekeeping unit, but not including a group occupying a hotel, motel, club, nursing home, dormitory or fraternity or sorority house.
FARM, GENERAL. An area five acres or more used for agricultural operations, including truck gardening, forestry. The operation of a tree or plant nursery; provided, that a FARM shall not be construed to include farm confinement feeding, as defined here or slaughtering house, including necessary buildings and structures, shall be considered used for agriculture if not composed of subdivision lots, or of the raising of crops, or animals, is the principal occupation of the resident or uses of such area.
FAST FOOD ESTABLISHMENT. A drive-in or other fast food establishment permitting consumption of or carryout from the premises.
FENCE. A barrier intended to prevent escape or intrusion or to mark a boundary.
FIREWORKS BUSINESS. A place or booth where fireworks, such as a roll of paper containing an explosive, set off as a noisemaker or celebration are kept, stored or sold.
FITNESS CENTER. A structure used for the development of the body or mind which may include fitness equipment, spars, suntan booths, swimming pool, tract and any other activity used in developing the body.
FLEA MARKET. The retail sale of used merchandise from individually rented spaces of land or structures that are open for business more than twice in any one calendar year.
FLOOD FRINGE. The portions of the flood hazard area lying outside the floodway, shown on the floodway-flood boundary maps of the Federal Insurance Administration.
FLOODPLAIN. The area adjoining the river or stream which has been or may hereafter be covered by floodwater from the regulatory flood.
FLOODWAY. The channel of the river or stream and the portions of the floodplain adjoining the channel which are reasonably required to efficiently carry and discharge the peak flow of the regulatory flood of any river or stream shown on the floodway-flood boundary maps of the Federal Insurance Administration.
FOUNDATION. The supporting member of a wall or structure.
FOWL. A domestic cock or hen, or any of several domesticated or wild birds.
FUNERAL HOME. A dwelling or structure used and occupied by a professional licensed mortician for burial preparation and funeral services.
FUR-BEARING PROPERTY. The raising or keeping of fur-bearing animals for the purpose of collecting pelts to be used in manufacturing of clothing.
GROUND FLOOR AREA. The area of a building in square feet as measured in a horizontal plan, at the ground level within its largest outside dimensions, exclusive of open porches, breezeway, terraces, garage and exterior stairways.
GROUP HOME. A facility occupied by eight or less persons which may be licensed by the department of state or local government to provide a family-like and long-term living environment to individuals who are not related to the head of household and who are developmentally disabled, mentally ill, aged, blind, deaf or in need of adult supervision; which provides room and board and other services in accordance with their individual needs and alternative family programs; and semi-independent living programs. No GROUP HOME may be located within 3,000 feet of any other similar facility in any residential area.
GROWTH MANAGEMENT PLAN. The complete plan or any of its parts for the orderly development of the town as prepared by the Commission and adopted in accordance with Chapter 174, Acts of 1947, General Assembly of Indiana, and all Acts amendatory thereof, as now or may hereafter be in effect.
HALFWAY HOUSE. A facility occupied by eight or less persons to provide a family-like and short-term (under six months) living environment to individuals who are not related to the head of household for rehabilitation, in need of supervision, which provides room and board. No HALFWAY HOUSE may be within 3,000 feet of any other similar facility in any residential area.
HAZARDOUS WASTES. Any solid or liquid waste with inherent dangers, including, but not limited to, toxic chemicals, explosives, pathological wastes, radioactive materials, materials likely to cause fires, liquids, semi-liquids, sludge containing less than 30% solids, pesticides, pesticide containers, raw animal manure, septic tank pumping and raw or digested sewage sludge.
HEIGHT. With respect to a building, the vertical distance measured from elevation of the finished grade of the ground to the highest point of the roof with respect to other than buildings, measured to the highest point of the structure.
HOME AGRICULTURE USE. The raising or keeping of not more than two livestock animals; (i.e., ungulate mammal) or 15 fowl on an area two acres or more, zoned agriculture. HOME AGRICULTURE USES shall not be authorized in any residential subdivision or within the confines of the town limits.
HOME OCCUPATION. A use conducted entirely within an enclosed dwelling, employing only the family inhabitants thereof which is clearly incidental and secondary to residential occupancy and does not change the character thereof. Specifically excluded is the storage and display of merchandise not produced by such home occupation, any activity involving any building alterations, window display, equipment, machinery or outdoor storage. Dancing and band instrument instruction, nursing homes, tea rooms, tourist homes, beauty parlors, barber shops, animal hospitals, kennels, automobiles repair and body shops, and retail businesses, trade or sale of items not produced on the premises shall not be considered HOME OCCUPATIONS (see § 3-1 of this ordinance).
HOME PROFESSIONAL OFFICE. A portion of a dwelling used as a professional office by occupant of the dwelling, which use does not change the residential character of the dwelling. Some examples of professional office may be accountant, bookkeeper, surveyor, insurance salesperson, attorney and other similar uses (see § 2-14-3 of this ordinance).
HOME WORKSHOP. A use conducted entirely within a dwelling or in an accessory building located on the same lot, parcel or tract of land as the dwelling use for residential purposes, provided the home workshop is clearly incidental and secondary to the use of the property for residential purposes and does not change the character thereof or having any exterior evidence. HOME WORKSHOPS may not exceed more than 400 square feet of gross floor area. HOME WORKSHOPS may not create any noise, odor or other nuisances beyond the premises that could cause a hazard to public health, safety or welfare. Some examples of HOME WORKSHOPS may be seamstress, woodcraft, interior decorator, arts and crafts and other similar uses.
HOSPITAL. A place which provides overnight medical or surgical facilities, which care for the sick or injured persons.
HOSPITAL, ANIMAL. A place with overnight facilities for the medical or surgical care for sick or injured animals.
HOTEL or MOTEL. A building or group of buildings in which lodging is provided and offered to the public for compensation and catering primarily to the public traveling by motor vehicle.
IMPROVEMENT. Any building, structure, work of art or other object constituting a physical alteration of real estate or change of use.
IMPROVEMENT LOCATION PERMIT. A permit issued by an official of the town, who has the responsibility for enforcing the Zoning Ordinance and authorizing an improvement.
INDUSTRIAL PARK. An area of land use or designed for several manufacturing business that are located on the same or divided parcel of land.
JUNK. Includes, but it not limited to, scrap metals and their alloys, bones, rags, used cloth, rubber, rope, tinfoil, bottles, chemicals and plastic, (discarded) old or used machinery, tools, appliances, fixtures, utensils, lumber, boxes or crates, pipe or pipe fittings, used tires and manufactured goods that are worn deteriorated or obsolete as to make them usable in their existing condition.
JUNKYARD. A place usually outdoors, where waste, junk or discarded used property other than organic matter is accumulated and/or stored including one or more unlicensed or inoperable vehicle(s).
KENNEL. A place where three or more dogs are kept or maintained for pets, breeding or sale of which are more than 12 weeks old.
LANDFILL. See SANITARY FILL.
LAUNDROMAT. A business that provides washer, dryer, dry-cleaning and/or ironing machines for hire to be used by the customers on the premises.
LOADING SPACE. An off-street space, at least ten feet wide and 50 feet long, with a minimum height clearance of 14 feet, for the temporary parking of a commercial vehicle while loading or unloading merchandise or material, and which abuts on a street or other appropriate means of access.
LODGE. A social, fraternal or service oriented organization primarily for the use of its members.
LOT. A parcel, tract or area of land accessible by means of a street or place abutting upon a street or easement.
LOT, CORNER. A lot at the junction of and abutting two intersecting or intercepting street (see Figure 1).
LOT, COVERAGE. The percentage of the lot area that is occupied by buildings or structures.
LOT, INTERIOR. A lot other than a corner lot (see Figure 1).
LOT LINE, FRONT. The line separating the lot from the street. A corner lot shall be deemed to have only two front lines. (Am. Ord. passed 7-21-1998)
LOT LINE, REAR. On an interior or corner lot, the lot line that is opposite the front lot line and farthest from it, except for a triangular or irregularly shaped lot, it shall be parallel to the front lot line, and wholly within the lot, that is farthest from the front lot line. A through lot has no REAR LOT LINE. (Am. Ord. passed 7-21-1998)
LOT LINE, SIDE. A lot line other than front or rear lot line.
LOT, SETBACK LINE. The distance between a street line, property line or structure that shall be kept free from any construction.
LOT, THROUGH. A lot fronting on two parallel, or approximately parallel streets and includes lot frontage on both a street and a watercourse or lake (see Figure 1).
LOT, WIDTH. The distance between the side lot line as measured on the building line.
MANUFACTURED HOME. A dwelling unit fabricated 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 the federal Manufactured Housing Construction and Safety Standards Code or Pub. Law No. 360, Acts of 1971. Such a unit shall also meet all of the following conditions:
(A) Contain at least 900 square feet of occupied space as manufactured per dwelling unit, and may be double-section or multi-section manufactured housing unit;
(B) Be constructed after January 1, 1981;
(C) Be placed onto a permanent under-floor foundation installed in conformance with the State One- and Two-Family Dwelling Code, or the State Uniform Building Code in case of multi-family dwelling units, and the manufacturers installation specification;
(D) Have wheels, axles and hitch mechanisms removed;
(E) Have siding material or a type customarily used on site constructed residences; and
(F) Have roofing material of a type customarily used on site-constructed residences. Roof material shall be installed in accordance with the manufacturer’s specifications.
MANUFACTURING PLANT. The processing and converting of any unfinished or finished materials or products, or any of these into article or substance of different character, or for a different purpose. Also industries furnishing labor in the case of manufacturing or the refinishing of manufacturing articles.
MINERAL EXTRACTION. Means (1) mining or quarrying, and (2) removal of earth materials.
MINI-WAREHOUSE. A structure or enclosed storage area containing individually rented or owned compartments or stalls for storage only.
MOBILE HOME. A vehicle or other portable structure more than 30 feet in length, that is designed to move on the highway and designed or used as a dwelling, as manufactured.
MOBILE HOME DWELLING. A movable, detached dwelling unit, designed for long-term occupancy, more than 45 days, built on a chassis at a factory, with or without a permanent foundation, and consisting of a complete package with major appliances, plumbing and electrical facilities prepared for appropriate connections. It is synonymous with trailer home.
MOBILE HOME PARK. An area of land on which five or more mobile homes are regularly accommodated with or without charge, including any buildings or other structure, fixture or equipment that is used or intended to be used in providing the accommodation.
MOBILE HOME SPACE. An area of land within a mobile home park with a minimum of 2,500 square feet for the placement of one mobile home which is designed for the executive use of occupants. The minimum distance between any part of a mobile home including any addition shall be 15 feet.
MOTOR VEHICLE. Includes automobiles, trucks, tractors, trailers, semi-trailers, motorcycles, scooters, buses and farm implements, whether self-propelled or designed to be pushed, pulled or carried by another motor vehicle.
MOTOR VEHICLE REPAIR SHOP. Any building, structure or land used for the repair of motor vehicles, whether minor or major with all work done inside an enclosed building.
MUSEUM. An establishment operated as a repository or a collection of nature, scientific or literary or historical curiosities or objects of interest of work of art, not including the regular sale or distribution of the objects collected.
NONCONFORMING USE. A building, structure or use of land existing at the time of enactment of this ordinance, which does not conform to the regulations of the district or zoning in which it is situated. A NONCONFORMING USE shall abate and cease to exist 180 days from the time that the use is changed or abandonment of a structure, whichever occurs first.
NURSERY SCHOOL. A place where five or more children are kept for the purpose of providing supplemental parental care, including day nursery, day care home for children and kindergarten (see DAY CARE CENTER).
NURSING HOME. An institution for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders; but not including facilities for surgical care or institutions for the care and treatment or mental illness, alcoholism or narcotics addiction.
OCCUPANCY, CHANGE OF. The change or use of the building, structure or land.
OFFICIAL ZONING MAP. A graphic illustration of zoning boundaries and classifications drawn and approved as part of the records of the town.
OIL WELL. The drilling or extracting of petroleum minerals off a parcel of land for private or commercial use, and related storage and equipment.
PACKAGE STORES. An establishment offering for sale primarily intoxicating beverages and accessory merchandise, and where no consumption of said intoxicating beverages is permitted on the premises.
PARKING LOT. A parcel of land other than a street, devoted to parking spaces for motor vehicles.
PARKING SPACE. An area enclosed or unenclosed sufficient in size to store one vehicle, not less than nine feet wide and 20 feet long.
PERSON. Includes a corporation, firm, partnership, association, organization or any group that act as a unit or legal entity.
PET. A domesticated animal kept for pleasure rather than utility.
PLANNED UNIT DEVELOPMENT. A tract of land at least five acres in area, under single, corporation, firm, partnership or association ownership, planned and developed as an integral unit in a single development operation or a definitely programmed series of development operation and according to an approved outline development plan and a preliminary site plan (see the Plan Unit Development Ordinance).
PLAT. A map or chart that shows a division or parcel of land that is intended to be filed for record.
POOL, PRIVATE. Any constructed pool or portable private pool, used for swimming, wading or recreation, over 24 inches in depth of water with a top water surface exceeding 150 square feet and which is used for a pool in connection with a family dwelling unit and is available only to the family of the householder and his or her private guests.
PRIMARY BUILDING. A building in which the principal use of the lot 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 use, it means the main dwelling.
PRIMARY USE. The primary purpose or function that a lot serves or is intended to serve.
PRIVATE GARAGE. A detached accessory building or a portion of the main building for the housing of vehicles of the occupants of the dwelling, including carports.
PRIVATE SEWAGE SYSTEM. A system designed of connecting pipes to a tank, distribution box and leach field for the purpose of carrying away sewage waste and approved by the County Health Department.
PROFESSIONAL OFFICE. Any building or portion thereof used or intended to be used, but not limited to an office for lawyers, architects, engineers, land surveyors, licensed insurance agents, real estate brokers, accountants, physicians, surgeons, dentists and other similar professions.
PUBLIC BUILDING. Any building held, used or controlled for public purposes by any department or branch of the government, state, county or municipal, or any building where the public is invited.
PUBLIC GARAGE. Any garage operated for profit, for the purpose of parking vehicles.
PUBLIC OWNED USE. The use of any premises by a public body, board, commission or authority, such as a municipal, county, state or federal government, or any agency or department thereof for a governmental or proprietary purpose. This shall also include PUBLIC STREET, ALLEY and PARKS.
PUBLIC SEWAGE SYSTEM. A system constructed, installed, maintained, operated and owned by the town, county, Taxing District, Regional Sanitary District, utilities or private under the jurisdiction of the State Public Service Commission which carries sewage for treatment.
RECREATIONAL VEHICLE (RV). A vehicle primarily designed as temporary living quarters for recreation, camping or travel either with its own motor power or mounted on or towed by another powered vehicle.
RECREATIONAL VEHICLE CAMPSITE. An area of land on which two or more recreational vehicles are regularly accommodated with charge, including any buildings or other structure, fixture or equipment that is used or intended to be used in connection with providing accommodations day or overnight.
RECREATION VEHICLE STORAGE AREA. A place where two or more unoccupied recreational vehicles are regularly accommodated with charge.
RESIDENTIAL DISTRICT. An R-1 or R-3 Residential District.
RESTAURANT. A building structure in which food and drinks are prepared primarily for sale and consumption within such structure, including incidental take out service (see the definition of DRIVE-IN RESTAURANT).
RETAIL SALES AND SERVICES. Department stores, variety stores, drug and sundry store, restaurants, grocery stores, hardware store, furniture and floor covering store, stationary store, shoe sales or repair shops, leather and luggage shops, bakeries and other similar use that deal in retail sales or services.
ROADSIDE PRODUCE STAND. A temporary structure designed or used for the display of agriculture and related products produced on the premises and sold as a seasonal or temporary period of time not to exceed 90 days in a one-year period.
ROADSIDE STAND. A temporary structure or vehicle used for the display of merchandise, goods or articles which are sold to the public.
RUMMAGE SALE. The sale of used or new articles, not to exceed seven days and no more than two sales in a one-year period. Includes garage, porch, yard and other designated sales.
SANITARY FILL. Any zoned lot used primarily for disposal by abandonment, discarding, dumping, reduction, burial, incineration or other means and for whatever purpose of garbage, trash, refuse, waste material of any kind, junk, discarded machinery, vehicles or parts thereof, but not sewage or animal waste (see classification restrictions).
SANITARY SEWER. A pipe or conduit designed for carrying any combination of water-carried wastes from residence, business, commercial building, public use and industries, together with such groundwater, surface water and stormwater as may be present, but which are not intentionally admitted.
SATELLITE DISH. A directional microwave antenna having a concave shape used for television or radio frequency.
SCHOOL. A place for systematic instruction in any branch or branches of knowledge.
SCHOOL, TRADE OR BUSINESS. 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 nonprofit organization; or a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering, hair dressing or drafting, or for teaching industrial or technical arts.
SERVICE STATION. Any building, structure or land used for the sale or offering for sale at retail of any automobile fuel, oils or accessories including lubrication or washing of automobiles, and replacement for installation of minor parts and accessories.
SHOPPING CENTER. A group of continuous retail stores, originally planned and developed as a single unit, having a total ground floor building area of not less than 50,000 square feet, with immediate adjoining off-street parking facilities.
SIGN. An identification, description, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land and which directs attention to a product, place activity, service, person, institution or business.
SIGN, TEMPORARY. The same as a sign, except it is not on a permanent structure.
SLAUGHTERHOUSE. A commercial establishment where animals are butchered.
SPECIAL EXCEPTION. The authorization of a use that is designated as such by Table 1, as being permitted in the district concerned, if it meets special conditions, and upon application is specifically authorized by the Board of Zoning Appeals.
STORAGE. The keeping, maintaining or housing of goods, articles, equipment or other valuable that can or will be used in the future.
STREET, FEEDER. A street designed to facilitate the collection of traffic from local street and to provide circulation within the neighborhood area, and convenient ways to reach secondary streets.
STREET, LOCAL. A street designed primarily to provide access to abutting property.
STREET, PRIMARY. A street designed for high volume traffic.
STREET, PUBLIC. A street established for or dedicated to the public use.
STREET (ROAD). A right-of-way other than an alley, dedicated or otherwise legally established to public use, usually affording the principal means of access to abutting property. A STREET may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, land, drive or other appropriate names.
STREET, SECONDARY. A street designed to facilitate the collection of traffic from feeder streets, and usually located on the neighborhood boundaries.
STRUCTURAL CHANGE. A change, or repair in a supporting member of a building, such as a bearing wail or partition, column, beam or girder, or in the exterior wall, or the roof.
STRUCTURE. Anything constructed or erected that requires location on or in the ground, or attachment to something having a location on or in the ground.
SUBDIVISION. A parcel of land containing less than ten acres, comprised of two or more lots with common egress and ingress. May have common water and sewage systems but not required. Must comply with the Subdivision Control Ordinance.
SWIMMING POOL. An above or in-ground pool which holds water, use for private or commercial swimming or recreational purpose.
TAVERN. Includes, but is not limited to, an establishment commonly known as bars, grills, cafés, taverns and night clubs, and where intoxicating beverages are sold, and primarily consumed on the premises.
TEMPORARY USE. A use of land, building or structure not intended to be permanent duration.
THEATER. A structure used for dramatic, operatic, motion pictures or other performance, for admission to which entrance money is received.
THEATER, ADULT MINI MOTION PICTURE. An enclosed building with a capacity for less than 25 persons used for presenting material having as a con-(sis) presenting material distinguished or characterized by emphasis on matter depicting, describing or relating to “specified sexual activities,” or “specified anatomical areas” (as defined in this section), for observation by patrons therein.
THEATER, ADULT MOTION PICTURES. An enclosed building with a capacity for more than more than 25 persons used for presenting material having as a con-(sis) presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities,” or “specified anatomical areas” (as defined in this section), for observation by patrons therein.
TOURIST HOME. A building in which not more than five guest rooms are used to provide or offer overnight accommodation to transient guest for compensation.
TOWN COUNCIL. The Town of Bunker Hill Town Council which consists of five members.
TRUCK SERVICE CENTER. An occupancy which provides especially for the servicing of trucks, with incidental operations similar to those permitted for automobile service stations.
TRUCK TERMINAL. An establishment where three or more trucks for hire are stored or parked, along with service of fuel, fuel oil, minor or major repair.
USE. The employment or occupation of a structure or land for a person’s service, benefit or enjoyment.
VARIANCE. A special authorization, granted under § 2-8 to deviate from what the ordinance otherwise prescribes.
VARIANCE, AREA. An authorization granted by the Board of Zoning Appeals involving matters such as setback lines, frontage requirements, height limitations, lot size restrictions, density regulations and yard requirements, and shall follow the land.
VARIANCE, USE. An authorization granted by the Board of Zoning Appeals which permits a use of a building or land other than which is prescribed by the Zoning Ordinance. A USE VARIANCE shall not follow the land.
VISION CLEARANCE. A triangular space at an intersection, free from any kind of obstruction to vision between the height of three and eight feet above the established grade, determined by a diagonal line connecting two points, measured 15 feet equal distance from the street corner along each property line.
WORK TRAILER. A mobile trailer designed to move upon a highway, to be used as a temporary office, storage or breakroom on a construction site while construction is being done.
YARD, FRONT. A yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lamp posts, shrubs and similar structures, the depth of which is the least distance between the nearest street right-of-way and the front line of the building. The FRONT YARD shall be determined by the location of the main entrance of the structure.
YARD, REAR. A yard that extends across the full width of a lot and is bounded on the rear by the rear lot line, and the depth of which is the least distance between the rear lot line and the rear of the principal building.
YARD, SIDE. A yard between the principal building and the adjacent side lot line that extends from the front yard, or street right-of-way where there is no front yard, to the rear yard, and the width of which is the least distance between the side lot line and the adjacent side of the building.
ZONING MAPS. Maps showing the town and its jurisdiction, marked exhibits, that shows districts or primary street routes or jurisdiction of the town.