For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ARCADE. A commercial establishment where, for any form of consideration, 1 or more still or motion picture projectors, slide projectors or similar machines or other image producing machines or gaming machine for viewing by 5 or fewer persons per machine at any 1 time, in which a substantial (30% or more) portion of the total presentation time of the images so displayed is devoted to the showing of material which meets the definition of “harmful to minors” as specified in I.C. 35-49-2-2 (and as it may from time to time be amended) and/or represent or display “sexual conduct” as defined in I.C. 35-42-44 (and as it may from time to time be amended).
ADULT BOOKSTORE, ADULT NOVELTY STORE, OR ADULT VIDEO STORE. A commercial establishment which has a substantial (30% or more) portion of its revenues, floor space or advertising associated with the sale or rental, for any form of consideration, of any 1 or more of the following;
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion picture cassettes, slides, tapes records, CD-ROMs, DVDs, DVD-ROMs or other form of visual or audio representations which meet the definition of “harmful to minors” under I.C. 35-49-2-2 (and as it may from time to time be amended) and/or represent or display “sexual conduct” as defined in I.C. 35-42-44 (and as it may from time to time be amended).
(2) Instruments, devices or paraphernalia which are designed for use in connection with “sexual conduct” as defined in I.C. 35-42-44 (and as it may from time to time be amended).
ADULT CABARET. A commercial establishment such as, but not limited to, a nightclub, bar, restaurant or similar establishment which feature live performances which meet I.C. 35-49-2-2 (and as it
may from time to time be amended) and/or represent or display “sexual conduct” as defined in I.C. 35-42-44 (and as it may from time to time be amended) to a clientele which pays any form of consideration for such live performance.
ADULT MOTION PICTURE THEATER. An indoor or outdoor facility with a capacity of 5 or more persons, where for any form of consideration, displays films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial (30% or more) of the total revenue derived from or a substantial (30% or more) is devoted to the showing of such material which meets the definition of “harmful to minors” as specified in I.C. 35-49-2-2 (and as it may from time to time be amended) and/or represent or display “sexual conduct” as defined in I.C. 35-42-44 (and as it may from time to time be amended) for observation by patrons.
ADULT THEATER. A theater, concert hall, auditorium or similar establishment, either indoor or outdoor, which for any form of consideration, regularly features live or displays of recorded performances, for a substantial (30% or more) of the total presentation time are distinguished or characterized by an emphasis on activities which meet the definition of “harmful to minors” under I.C. 35-49-2-2 (and as it may from time to time be amended) and/or represent or display “sexual conduct” as defined in I.C. 35-42-44 (and as it may from time to time be amended).
AIRPORT OR HELIPORT. A tract of leveled land where all aircraft and helicopters can take off and land.
BORROW PIT. A pit created to provide earth that can be used as fill at another sit.
CEMETERIES. See § 170.03, Definitions.
COMMERCIAL, ATHLETIC FIELDS, STADIUMS, OR AREAS. Privately-owned structures or surfaces for sporting events open to the public, generally a for-profit organization.
COUNTRY CLUB. A suburban club for social and sports activities, usually featuring a golf course.
DRIVE-IN RESTAURANT. A business involving the preparation and serving of meals for consumption on the premises in a motor vehicle or off the premises, normally requiring short amounts of time between the period of ordering and serving of the food, which is served in edible or disposable containers.
EARTH STORAGE AREA. The extent of a 2-dimensional surface enclosed with a boundary to store fill from a borrow pit.
ELECTRONIC MESSAGE BOARDS AND/OR SIGNS WITH FLASHING, MOVING, ROTATING, OR INTERMITTENT LIGHTS OR ANIMATED MESSAGES. A message center or large bulletin board that serves a specific interest group used to convey specific information. Also see § 170.03, Definitions.
GOLF COURSE. A large tract of land laid out for golf.
GOLF DRIVING RANGE. A practice range for practicing golf shots.
HELIPORT. See AIRPORT OR HELIPORT above.
HOSPITALS, NURSING HOMES, CONVALESCENT, HOSPICE CARE CENTERS, OR CUSTODIAL CARE CENTERS. Land, and buildings thereon, which are used for the care of sick, injured or disabled persons. Also see § 170.03, Definitions for HOSPITAL.
JUICE BAR. An adult cabaret which does not serve alcoholic beverages.
KENNEL (without veterinary clinic or other accessory business). A building or collection of buildings or a property in which many dogs are housed and maintained.
MASSAGE PARLOR. An establishment that offers illicit sexual services under the guise of therapeutic massage.
NUDE MODEL STUDIO. A place where a person who appears in a state of nudity is observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons, who pay any form of consideration, or such display is characterized by an emphasis on activities which meet the definition of “harmful to minors” under I.C. 35-49-2-2 (and as it may from time to time be amended) and/or represent or display “sexual conduct” as defined in I.C. 35-42-44 (and as it may from time to time be amended). This definition shall not apply to colleges or universities who are accredited by a nationally recognized accrediting organization.
NUDITY. The showing of human male or female genitals, public area buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of covered male genitals in a discernable turgid state. BUTTOCK means either of the 2 rounded prominences on the human torso that are posterior to the hips and formed by the gluteal muscles to the hips and underlying structures.
PEEP SHOW FACILITY. Any facility in which 1 or more patrons or persons for any payment of consideration are allowed to view another person or persons dance, remove their clothing, perform activities in the nude or semi-nude in a room or outdoor facility in a manner which would meet the definition of “harmful to minors” under I.C. 35-49-2-2 (and as it may from time to time be amended) and/or represent or display “sexual conduct” as defined in I.C. 35-42-44 (and as it may from time to time be amended).
PRIVATE AIRCRAFT LANDING FACILITIES. A privately owned tract of leveled land where aircraft can take off and land.
PUBLIC OR PRIVATE OUTDOOR ENTERTAINMENT. Public or private events including but not limited to performances of live or recorded forms of entertainment with an attendance of more than 25 persons whether attendance is free or for any form of consideration.
PUBLIC PARKS OR PUBLIC RECREATION FACILITIES. Land, and building thereon, owned by the State of Indiana, Warrick County or the Town of Chandler, Indiana which are open to the general public for recreational activities.
RADIO, CELLULAR ANTENNA, MICROWAVE OR TELEVISION TOWERS, WIRELESS COMMUNICATION FACILITIES AND/OR TOWERS FOR SIMILAR USES EXCLUDING EXEMPT PUBLIC UTILITIES. A facility designed and/or used for the purpose of transmitting, receiving, or relaying voice and/or data signals from various wireless communication devices and includes any transmission tower, antenna, or other facility designed or used for that purpose.
RELIGIOUS INSTITUTION. A church, synagogue, mosque, temple or building which is primarily used for religious worship of a supreme being or beings. Also included are religious institution operated incidental/accessory facilities (on same site or adjacent to) including Sunday schools, child care, preschools, adult day care, offices, soup kitchens, shelters, and similar uses.
RESIDENT-OCCUPIED AND RESIDENT-OPERATED PRESCHOOLS, ADULT DAY CARE FACILITIES OR SIMILAR OPERATIONS WHICH KEEP UP TO 12 PERSONS ON A DAILY BASES, BUT NOT INCLUDING 24-HOUR CARE. Land, and buildings thereon, which are used for daily care and/or supervision of children or adults.
SCHOOLS. Any public or private school containing any grade of preschool or kindergarten through grade 12. This definition is to also include post-secondary educational institutions such as colleges, universities or similar schools.
SELF-STORAGE WAREHOUSE FACILITIES. Real property with 50 or more enclosed spaces rented to individuals and businesses for storage.
SEXUAL ENCOUNTER CENTER. An enterprise that, as 1 of its business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite or same sex.
(2) Activities between male and female persons and/or persons of the same sex where 1 or more persons appear in a state of nudity or where the activities in division (1) or (2) herein are characterized by an emphasis on activities which meet the definition of “harmful to minors” under I.C. 35-49-2-2 (and as it may from time to time be amended) and/or represent or display “sexual conduct” as defined in I.C. 35-42-44 (and as it may from time to time be amended) or nudity for observation by patrons thereof.
SOCIAL CENTERS. Community spaces. Buildings which are used for a range of disparate activities which can be linked only by virtue of being not-for-profit.
SWIMMING POOL. Any in ground or above ground swimming pool that complies with all state and local building codes.
TEMPORARY MOBILE OFFICE. An office built within a truck, motor home, trailer or purposed built shipping container to be used for a limited amount of time.
(Ord. 2017-02, passed 2-20-2018)
Cross-reference:
See § 170.03 for additional definitions