For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY APARTMENT. A second dwelling unit either in or added to an existing single-family detached dwelling, or in a separate accessory structure on the same lot as the main dwelling, for use as a complete, independent living facility with provision in the ACCESSORY APARTMENT for cooking, eating, sanitation, and sleeping. ACCESSORY APARTMENTS shall be clearly subordinate to the primary use in both size and location.
ACCESSORY STRUCTURE OR USE. A structure or use that: is incidental to and serves a principal building or use; is subordinate in height, area, and purpose to the principal structure or principal use served; contributes to the comfort, convenience, or necessity of the occupants, business, or industry of the principal structure or principal use served; and is located on the same lot as the principal structure or principal use served, except as otherwise expressly authorized by the provision of this chapter. Accessory parking facilities may be authorized to be located elsewhere. An ACCESSORY STRUCTURE is a detached structure.
ACTUAL CONSTRUCTION. See § 156.043.
ADMINISTRATOR or ZONING ADMINISTRATOR. The official appointed and/or delegated the responsibility for the administration of these ordinances as set forth in this chapter.
ADULT ARCADE. Any place to which the public is permitted or invited, wherein coin-operated 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 the depicting or describing of specified sexual areas.
ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity;
(2) Live performances, which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3) Files, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT DANCING. See ADULT CABARET.
ADULT ENTERTAINMENT FACILITIES. Any commercial establishment, business, or service, or portion thereof, which offers specific sexual activities, services, performances, or any combination thereof, or in any other form, whether filmed, recorded, or live. The term ADULT ENTERTAINMENT FACILITIES shall include, but not be limited to:
(1) Adult cabaret;
(2) Adult motel;
(3) Adult motion picture theater;
(4) Adult theater;
(5) Nude model studio;
(6) Clothing modeling; and
(7) Sexual encounter center.
ADULT MEDIA. Magazines, books, videotapes, movies, slides, CDs, DVDs, other digital recording formats, or other devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to or which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MEDIA STORE. An establishment that rents and/or sells media, and that meets any of the three tests:
(1) Forty percent or more of the gross public floor area is devoted to adult media;
(2) Forty percent or more of the stock-in-trade consists of adult media; and/or
(3) It advertises or holds itself out in any forum as XXX, adult, sex, or otherwise as a sexually oriented business other than an adult motion picture theater or adult cabaret.
ADULT MOTEL. A hotel, motel, or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, any other electronic or digital device, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this type of adult activity;
(2) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
ADULT MOTION PICTURE THEATER. An establishment emphasizing or predominately showing sexually oriented movies.
ADULT RETAIL FACILITIES. Any commercial establishment, business, or service, or portion thereof, which offers sexually oriented material, services, devices, or paraphernalia in any form. The term ADULT RETAIL FACILITIES shall include, but not be limited to:
(1) Adult media store;
(2) Escort agency; and
(3) Sex shops.
ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
ADULT USE. A use which provides a preponderance of services, trade, or material of a sexually explicit nature including, but not limited to, adult arcades, adult bookstores, adult cabarets, adult theaters, and sexual encounter establishments.
ADVISORY PLAN COMMISSION. A planning commission serving a single local government jurisdiction, established as defined under I.C. 36-7-1-2, as amended. The town’s Plan Commission is an ADVISORY PLAN COMMISSION.
ALLEY. A permanent public way primarily designed to serve as a secondary access to the side or rear of those properties whose principal frontage is on some other street.
ALTERNATIVE TOWER STRUCTURE. Human-made trees, clock towers, bell steeples, light poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
AMATEUR RADIO ANTENNA. An antenna used exclusively for amateur radio service.
AMATEUR RADIO OPERATOR. An individual licensed by the FCC as an amateur radio operator.
ANTENNA. Any exterior apparatus designed for telephonic, radio, or television communications through sending and/or receiving of electromagnetic waves.
ANTENNA HEIGHT. The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the ANTENNA HEIGHT.
ANTENNA SUPPORT STRUCTURE. Any pole, telescoping mast, tower, tripod, or any other structure which supports a device used in the transmitting and/or receiving of electromagnetic waves.
APPLICANT. The owner of land who makes application to the town’s Plan Commission or Board of Zoning Appeals for action by said Commission or Board, thereby affecting that land.
ARTERIAL, DIVIDED SECONDARY. A secondary arterial street or portion thereof which has a landscaped median strip dividing the lanes carrying traffic in opposite directions.
ARTERIAL, PRIMARY. A street intended to move through traffic to and from such major attractors as central business districts, regional shopping centers, colleges, and/or universities, military installations, major industrial areas, and similar traffic generators within the town or county and/or as a route for traffic between communities; a major intra- or inter-city thoroughfare.
ARTERIAL, SECONDARY. A street intended to collect and distribute traffic in a manner similar to primary arterials, except that these streets service minor traffic generating areas such as community- commercial areas, primary and secondary educational facilities, hospitals, major recreational areas, churches, and offices; and/or designed to carry traffic from collector streets to the system of primary arterials.
BASEMENT. The portion of a building with more than one-half of its height below the ground.
BED AND BREAKFAST. An owner-occupied dwelling unit containing guestrooms for rent for periods of less than two weeks.
BILLBOARD. See SIGN, OFF-PREMISES ADVERTISING.
BLOCK. A tract of land bounded by street, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, waterways, or boundary lines of municipalities.
BLOCK FACE. One side of a street between intersections.
BOARD. The Board of Zoning Appeals of the town.
BOARDING HOUSE. An establishment that offers rooms for rent, not available to transients, in which meals are regularly provided for compensation for at least three inhabitants, in contradistinction to hotels, bed and breakfast uses, and dwelling units.
BOARDING KENNEL. A place primarily for keeping four or more dogs, cats, or other small animals that are ordinarily kept as pets and are at least four months old. The use may include grooming, breeding, training, or selling of animals.
BROADCAST. To transmit information over the airwaves to two or more receiving devices simultaneously. Information can be transmitted over local television or radio stations, satellite systems, or wireless data communications networks.
BUFFER LANDSCAPING. Any trees, shrubs, walls, fences, berms, or related landscaping features required under this chapter or the subdivision regulations to be placed either on private property and privately maintained, or in public rights-of-way for the purpose of buffering lots from adjacent properties, for aesthetic purposes and/or for creating sound and/or visual privacy barriers.
BUILDING. Any roofed structure built for the support, shelter, enclosure, or protection of persons, animals, chattels, or movable property of any kind. (Each part of such a structure that is separated from the rest by unbroken party walls is considered to be a separate BUILDING for the purposes of this chapter.) The term includes:
(1) A gas or liquid storage tank;
(2) A manufactured home, or a prefabri- cated building; or
(3) Recreational vehicles to be installed on a site for more than 180 days.
BUILDING AREA. The horizontal projected area of the buildings on a lot; excluding open areas or terraces, unenclosed porches not more than one-story high, and architectural features that project no more than two feet.
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. See IMPROVEMENT LOCATION PERMIT.
BUSINESS. The purchase, sale, or exchange of goods or services, or the maintenance for profit of offices or recreational or amusement enterprises.
BUSINESS DISTRICT. Refers to the B-1 (Professional Business), B-2 (General Business), HS (Highway Service District), HCB (Historic Central Business), HMU (Historic Mixed Use), I-1 (Industrial Business) and I-2 (Stone Quarries) Districts.
CAMPGROUND. Any site, lot, field, or tract of land designed with facilities for short-term occupancy by recreational vehicles and other camping equipment but not including mobile homes.
CELLULAR SERVICE. A telecommunications service that permits customers to use wireless, mobile telephones to connect, via low-power radio transmission sites called cell sites, either to the public switched network or to other mobile cellular phones.
CELLULAR TELECOMMUNICATIONS. A commercial low power mobile radio service licensed by the Federal Communications Commission (FCC) to providers in a specific geographical area in which the radio frequency spectrum is divided into discrete channels which are assigned in groups to geographic cells within a service area and which are capable of being reused in different cells within the service area.
CEMETERY. Land used or intended to be used for the burial of the dead; includes any columbarium, crematory, mausoleum, or mortuary operated in conjunction with and on the same tract as the CEMETERY.
CHICKENS IN RESIDENTIAL AREAS. Chickens (within the limits imposed by this chapter) raised in residential areas exclusively for the use of the resident of the property.
CHILDCARE HOME. A residential structure in which at least six children (not including the children for whom the provider is a parent, stepparent, guardian, custodian, or other relative) at any time receive childcare from a provider: while unattended by a parent, legal guardian, or custodian; for regular compensation; and for more than four hours but less than 24 hours in each of ten consecutive days per year, excluding intervening Saturdays, Sundays, and holidays. The term includes Class I childcare homes and Class II childcare homes.
(1) CLASS I CHILDCARE HOME. A childcare home that serves any combination of full-time and part-time children, not to exceed 12 children at any one time.
(2) CLASS II CHILDCARE HOME. A childcare home that services more than 12 children but not more than any combination of 16 full-time and part-time children at any one time.
CLINIC. An establishment in which patients are admitted for medical or dental study or treatment and in which the services of at least two physicians or dentists are provided.
CLUSTER HOUSING. Developments in which dwelling units are clustered in a specific area on the site in order to permit aggregation of the remaining land into common recreational or open spaces.
COLLECTOR STREET. A street intended to move traffic from local streets to secondary arterials. (A COLLECTOR STREET serves a neighborhood or large subdivision and shall, if at all possible, be designated so that no residential properties face onto it and no driveway access to it is permitted except if the property is to be in multifamily use for four or more dwelling units.)
COLLOCATION. Locating wireless commu- nication equipment from more than one provider on a single site.
COMMISSION. The Cloverdale Plan Commission.
COMMUNICATIONS FACILITY. A land use facility supporting antennas and microwave dishes that sends and/or receives radio frequency signals. COMMUNICATIONS FACILITIES include structures or towers, and accessory buildings.
COMPACT HOME. A portable structure designed for year-round living, 14 or more feet wide and 700 or more square feet, excluding tipouts and expanding rooms, with four outside walls supported by a permanent foundation.
CONDOMINIUM. Real estate lawfully subjected to State Code Horizontal Property Law by the recordation of CONDOMINIUM installments, and in which undivided interests in the common areas and facilities are vested in the CONDOMINIUM unit owners.
CONSTRUCTION TRAILER. A manufactured mobile unit without cooking or bathroom facilities, not designed for dwelling purposes, and used as a temporary office during construction.
CORNER LOT. See LOT, CORNER.
COUNTRY CLUB. An establishment operated for social or recreational purposes that are open only to members and a limited number of their guests and not to the general public.
COUNTY. Putnam County, Indiana.
DAY CARE CENTER (RESIDENTIAL). See CHILDCARE HOME.
DENSITY. The number of dwelling units permitted per gross acre of land.
DETACHED BUILDING. A building that has no structural connection with another building.
DEVELOPMENT.
(1) Any human-made change to improved or unimproved real estate including, but not limited to:
(a) Construction, reconstruction, or placement of a building or any addition to a building;
(b) Installing a manufactured home on a site, preparing a site for a manufactured home, or installing a recreational vehicle on a site for more than 180 days;
(c) Installing utilities, erection of walls and fences, construction of roads, or similar projects;
(d) Construction of flood control structures such as levees, dikes, dams, channel improvements, and the like;
(e) Mining, dredging, filling, grading, excavation, or drilling operations;
(f) Construction and/or reconstruction of bridges or culverts;
(g) Storage of materials; or
(h) Any other activity that might change the direction, height, or velocity of flood or surface waters.
(2) DEVELOPMENT does not include activities such as, the maintenance of existing buildings and facilities such as: painting; re-roofing; resurfacing roads; or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent buildings.
DOUBLE FRONTAGE LOT. See LOT, DOUBLE FRONTAGE.
DRIVE-THROUGH ESTABLISHMENT. A facility which, by its physical design, either wholly or in part, allows people to receive goods or services while remaining in their vehicle.
DRIVES, PRIVATE. Vehicular streets and driveways, paved or unpaved, which are wholly within private property except where they intersect with public streets within public rights-of-way.
DWELLING. A building or part of a building that is used primarily as a place of abode, but not including a mobile home, hotel, motel, boarding house, or tourist home.
DWELLING UNIT. A dwelling or part of a dwelling used by one family as a place of abode, physically separated by a firewall from any other DWELLING UNITS which may be in the same structure, and containing independent cooking and sleeping facilities.
EASEMENT. An officially recorded authorization grant made by a property owner for use by another of any designated part of his or her property for a clearly specified purpose.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of this chapter.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FAA. The Federal Aviation Administration.
FAMILY. One or more persons sharing meats and living as a single housekeeping unit, within a single-dwelling unit.
FARM. An area used for agricultural operations, including roadside produce stands, forestry, the operating of a tree or plant nursery, or the production of livestock, poultry, or grain.
FAST FOOD RESTAURANT. An establishment that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service, or prepared quickly. Orders are generally not taken at the customer’s table, and food is generally served in disposable wrapping or containers. Establishment may include a drive-through service facility as an accessory use.
FBFM. Flood Boundary and Floodway Map.
FCC. The Federal Communications Commission.
FEMA. Federal Emergency Management Agency.
FHBM. Flood Hazard Boundary Map.
FIRM. Flood Insurance Rate Map.
FLAG LOT. See LOT, FLAG.
FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.
FLOOD PROTECTION GRADE. The elevation of the regulatory flood plus two feet at any given location in the SFHA.
FLOODPLAIN. The channel proper and the areas adjoining any wetland, lake, or watercourse which have been or hereafter may be covered by the regulatory flood. The FLOODPLAIN includes both the floodway and the floodway fringe districts.
FLOODWAY. The channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream.
FLOODWAY FRINGE. Those portions of the floodplain lying outside the floodway.
FLOOR AREA RATIO. The combined floor area of all stories of all buildings within a lot, divided by the land area.
FOUNDATION. The supporting member of a wall or structure making contact with the earth.
FREQUENCY. For sound, the number of cycles completed each second by a sound wave; measured in hertz (Hz). For electromagnetic radiation, the number of complete cycles each second by an electromagnetic wave; measured in Hertz (Hz).
FRONT LINE. With respect to a building, the foundation line that is nearest the front lot line.
FRONT LOT LINE. For an interior or through lot, the line marking the boundary between the lot and the abutting street or a lake or watercourse; and for a corner lot, the line marking the boundary between the lot and the shorter of the two abutting street segments.
FRONT YARD. See YARD, FRONT.
GARAGE. A deck, building, or structure, or part thereof, used or intended to be used for the parking and storage of vehicles. (Not a repair facility.)
GARAGE OR YARD SALE. A private or public sale of six or more items of personal property, the sale of which is conducted within a residence, garage, or other accessory building, or immediately outside of such building, and which is conducted by the owner or occupier of such structure.
GENERAL INDUSTRIAL USE. See INDUSTRIAL USE, GENERAL.
GROUND FLOOR AREA. The area of a building in square feet, as measured in a horizontal plane at the ground-level within its largest outside dimensions, exclusive of open porches, breezeways, terraces, garages, and exterior stairways.
GROUP HOMES. A residential facility, licensed by the Developmental Disabilities Residential Facilities Council, which provides residential services for not more than eight developmental disabled or mentally ill persons, none of whom has a history of violent or antisocial behavior. GROUP HOMES are permitted such staff as are necessary to adequately manage the home, but not to exceed two staff members residing in the home at any one time.
HEIGHT. With respect to a building, the vertical distance from the average finished grade level to the highest point of the roof or other significant component of the building.
HOBBY FARMING. The use of land for purposes of beekeeping or horticulture (see § 156.068(H)).
HOME SERVICE. The use of a home for a business or professional service (see § 156.068(B)).
HOUSEHOLD PET. A domesticated animal, such as a dog, cat, hamster, tropical fish or bird, normally kept in a residential dwelling, intended to provide company, security, or pleasure for its owner and bred for this purpose, but not including animals that would generally be considered, by reason of their number or species, to be an inherent risk to human health or safety. Expressly excluded from this term are snakes. (Also see CHICKENS IN RESIDENTIAL AREAS.)
IMPROVEMENT LOCATION PERMIT. A document issued under §§ 156.020 through 156.029, prerequisite to the issuance of a building permit, and indicating that the proposed use, erection, construction, enlargement, alteration, repair, movement, improvement, removal, conversion, or demolition any building or structure or use of the land complies with the sections of this chapter.
INDUSTRIAL USE, GENERAL. Manufac- turing, processing, extraction, heavy repairing, dismantling, storage, or disposal of equipment, raw materials, manufactured products or wastes, in which some operations, other than transportation, are performed in open area.
INDUSTRIAL USE, LIGHT. 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.
INTERIOR LOT. See LOT, INTERIOR.
JUNKYARD. A place, usually outdoors, where wastes and discarded or used property other than organic matter including, but not limited to, inoperative vehicles and other machinery is collected, stored, salvaged, and/or sold; this shall not include any industrial scrap metal yard.
KENNEL. See BOARDING KENNEL.
LETTER OF MAP AMENDMENT (LOMA). An amendment to the currently effective FEMA map that establishes that a property is not located in a special flood hazard area (SFHA). A LOMA is only issued by FEMA.
LETTER OF MAP REVISION (LOMR). An official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations.
LIGHT INDUSTRIAL USE. See INDUSTRIAL USE, LIGHT.
LOADING BERTH. An off-street, off-alley area designed or used to load goods onto or unload goods from vehicles.
LOCAL STREET. A street intended to provide access to other streets from individual properties and to provide right-of-way beneath it for sewer, water, and storm drainage pipes.
LOT. A tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or of building development.
LOT, CORNER. A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees.
LOT, DOUBLE FRONTAGE. A lot other than a corner lot that has frontage on more than one street.
LOT, FLAG. A lot with access provided to the bulk of the lot by means of a narrow corridor.
LOT, INTERIOR. A lot other than a corner lot or a through lot.
LOT, THROUGH. See LOT, DOUBLE FRONTAGE.
LOT AREA. The horizontally projected area of a lot, computed exclusive of any portion of a street.
LOT COVERAGE. The total ground area of a lot, usually expressed as a percentage of the lot area that is covered, occupied, or enclosed by principal and accessory buildings and structures.
LOT FRONTAGE. The linear distance of a lot measured at the front line where such lot abuts a street, measured between side lot lines.
LOT GROUND-LEVEL.
(1) For a building having walls abutting (that is, generally parallel to and not more than five feet from) one street only, the elevation of the sidewalk at the center of the wall abutting the street. In the absence of a sidewalk, the level of the edge of the right-of-way at the center of the wall abutting the street;
(2) For a building having walls abutting more than one street: the average of the elevations of the sidewalk at the centers of all walls that face streets. In the absence of a sidewalk, the average level of the edge of the right-of-way at the centers of all walls that face streets; and
(3) For a building having no wall abutting a street: the average level of the ground adjacent to the center of the exterior walls of the building.
LOT WIDTH. The distance between the side lot lines as measured on the building setback line.
LOWEST FLOOR. The lowest of the following:
(1) The top of the basement floor;
(2) The top of the garage floor, if the garage is the lowest level of the building;
(3) The top of the first floor of buildings elevated on pilings or constructed on a crawl space with permanent openings; or
(4) The top of the floor level of any enclosure below an elevated building where the walls of the enclosure provide any resistance to the flow of floodwaters unless:
(a) The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of floodwaters, by providing a minimum of two openings (in addition to doorways and windows) having a total area of one square foot for every two square feet of enclosed area subject to flooding. The bottom of all such openings shall be no higher than one foot above grade; and
(b) Such enclosed space shall be usable for the parking of vehicles and building access.
MANEUVERING AISLE. A maneuvering space which serves two or more parking spaces, such as the area between two rows of parking spaces and/or the driveway leading to those spaces.
MANEUVERING SPACE. An open space in a parking area which is immediately adjacent to a parking space, is used for and/or is necessary for turning, backing, or driving forward a motor vehicle into said parking space, but is not used for the parking or storage of motor vehicles.
MANUFACTURED HOME. A single-family dwelling unit which is fabricated in one or more sections at a location other than the home site by assembly-line production techniques or by other construction methods unique to an off-site manufacturing process which bears a seal certifying it was built in compliance with the Federal Manufactured Housing Construction and Safety Standards Laws, which is constructed after January 1, 1981 and exceeds 950 square feet of main floor area exclusive of garages, carports, and open porches and exceeds 23 feet in width and which is attached to a permanent foundation of masonry construction in accordance with the state’s One- and Two-Family Dwelling Code. The term MANUFACTURED HOME does not include a recreational vehicle.
MANUFACTURED HOUSING CONSTRUC- TION AND SAFETY STANDARDS CODE. Title IV 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 Standards Act).
MHZ. Megahertz, or 1,000,000 Hz.
MICRO-CELL. A low power mobile radio service telecommunications facility used to provide increased capacity in high call demand areas or to improve coverage in areas of weak coverage.
MICROWAVE. Electromagnetic radiation with frequencies higher than 1,000 MHZ; highly directional signal used to transmit radio frequencies from point-to-point at a relatively low power level.
MICROWAVE ANTENNA. A dish-like antenna manufactured in many sizes and shapes used to link communication sites together by wireless transmission of voice or data.
MINERAL EXTRACTION. Mining or quarrying and removal of earth materials.
MOBILE HOME. A dwelling unit designed and built in a factory prior to 1976 or built after 1976 and being less than 23 feet wide, equipped with the necessary service connections and made so as to be readily transportable, on its own permanent chassis, from one site to another, and to be used either with or without a permanent foundation, and which was built in accordance to the manufactured home construction and safety standards as adopted and amended by the state bearing a HUD manufactured home seal on the exterior. (The phrase “without a permanent foundation” indicates that the support system is constructed with the intent that the mobile structure placed thereon may be moved from time to time at the convenience of the owner.)
MOBILE HOME PARK. Any plot of ground upon which three or more mobile homes occupied for dwelling or sleeping purposes is located.
MOBILE STRUCTURE. A dwelling unit designed and built in a factory, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its own running gear and designed to be with or without a permanent foundation. (MOBILE STRUCTURE does not include manufactured homes.)
MODULAR HOME. A dwelling unit designed and fabricated in one or more modules at a location other than the home site by assembly line production techniques or by other construction methods unique to an off-site manufacturing process which bears a seal certifying it was built in compliance with the state’s One- and Two-Family Dwelling Code. (MODULAR HOME does not include mobile homes or manufactured homes.)
MODULAR SYSTEM. An industrialized building system other than a mobile structure intended for placement upon a permanent foundation.
MONOPOLE TOWER. A communication tower consisting of a single pole, constructed without guy-wires and ground anchors.
NEIGHBORHOOD RECREATIONAL AREA. A private recreation area which is owned by a neighborhood association or a developer, and is only for the use of the residents of that subdivision.
NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of this chapter.
NONCONFORMING BUILDING OR STRUCTURE (LEGALLY ESTABLISHED). Any continuous, lawfully established building or structure erected or structurally altered prior to the time of adoption, revision, or amendment of this chapter or granted a variance from this chapter, but which fails, by reason of such adoption, revision, amendment, or variance, to conform to the present requirements of the zoning district in which it is located.
NONCONFORMING USE. A legal use of land existing at the time of enactment of this chapter, which does not conform to the regulations of the district in which it is situated.
OCCUPIED SPACE. The total area of earth horizontally covered by the structure, excluding garages, patios, and porches, and other accessory structures.
OMNIDIRECTIONAL ANTENNA. An antenna that is equally effective in all directions and whose size varies with the frequency and gain for which it was designed.
ONE- AND TWO-FAMILY DWELLING CODE, STATE’S. The nationally recognized model building code adopted by the state’s Department of Fire Prevention and Building Safety which includes those supplements and amendments promulgated by this agency.
OPEN SPACE. The total horizontal area of a lot, excluding the building area, paved roads, and parking areas, but including recreational areas and retention/detention ponds.
OPEN USE. The use of a lot without a building, or a use for which a building with a floor area no larger than 5% of the lot area is only incidental.
PARCEL. A continuous quantity of land in the possession of, owned by, or recorded as the property of, the same person or persons.
PARKING GARAGE. A garage where parking, but not repairs, are available to the public.
PARKING LOT OR AREA. A group of parking spaces, exclusive of any part of a street or alley, designated or used for the temporary parking of motor vehicles.
PARKING LOT, COMMERCIAL. A parcel of land or portion thereof used for the parking or storage of motor vehicles as a commercial enterprise for which a fee is charged independently of any other use of the premises.
PARKING SPACE. An open space for the parking of a motor vehicle, exclusive of maneuvering area and driveway.
PERMANENT FOUNDATION. A structural system for transposing loads from a structure to the earth at a depth below the established frost line, without exceeding the safe bearing capacity of the supporting soil.
PERSON. A corporation, firm, partnership, association, organization, unit of government, or any other group that acts as a unit, as well as a natural person.
PORTABLE SIGN. See SIGN, PORTABLE.
PORTABLE STORAGE UNIT. Any container, storage unit, shed-like container or other portable structure that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory structure or shed complying with all building codes and land use requirements.
PRIMARY ARTERIAL. See ARTERIAL, PRIMARY.
PRINCIPAL BUILDING. A building in which the principal use of the lot or parcel on which it is located is conducted. Standards recognized by the State Department of Fire and Building Services shall be used to determine whether a given structure constitutes one or more buildings in cases where ambiguities exist.
PRINCIPAL USE. The primary use of land or buildings as distinguished from a subordinate or accessory use.
PRIVATE CAMP. An area of land used or designed to be used to accommodate groups or organized camping parties; may include cabins, tents, food service, and recreational facilities.
PRIVATE GARAGE. A garage whose principal use is to house motor vehicles for the accommodation of related dwelling units or related business establishments.
PRIVATE RECREATIONAL DEVELOPMENT. A recreational establishment held in private ownership and either open only to members or open to the general public in exchange for an admission fee.
PROFESSIONAL OFFICE. An office used by members of a recognized profession including, but not limited to, architects, artists, dentists, engineers, lawyers, musicians, physicians, surgeons, or pharmacists, and Realtors or insurance agents and brokers.
PUBLIC IMPROVEMENT. Any drainage ditch, street, highway, parkway, sidewalk, pedestrian-way, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.
REAR LOT LINE. For an interior or corner lot this means the lot line that is opposite the front lot line and farthest from it; except for a triangular or other irregularly-shaped lot where it means the line at least ten feet long, parallel to and furthest from the front lot line, and which is wholly within the lot.
RECREATIONAL VEHICLE. A vehicle which is: built on a single chassis; 400 square feet, or less when measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light duty truck; and designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational camping, travel, or seasonal use.
REGULATORY FLOOD. The flood having a 1% probability of being equaled or exceeded in any given year as calculated by a method and procedure which is acceptable to and approved by the state’s Natural Resources Commission and the Federal Emergency Management Agency. The REGULATORY FLOOD elevation at any location. The REGULATORY FLOOD is also known by the term BASE FLOOD.
REGULATORY FLOODWAY. See FLOODWAY.
RESIDENTIAL, DAY CARE CENTER . See CHILDCARE HOME.
RIGHT-OF-WAY. A specific and particularly described strip of land, property, or interest therein devoted to and subject to the lawful public use, typically as a thoroughfare of passage for pedestrians, vehicles, or utilities, as officially recorded in the office of the County Recorder.
ROOF AND/OR BUILDING MOUNT FACILITY. A low power mobile radio service telecommunications facility in which antennas are mounted to a structure on the roof (including rooftop appurtenances) or building face.
SCRAP METAL YARD.
(1) A general industrial use established either independent of another general industrial use or ancillary to and connected with another general industrial use. A
SCRAP METAL YARD is concerned exclusively with new and salvaged metal pipes, wire, beams, angles, rods, machinery, parts, filings, clippings, and all other metal items of every type, and it acquires such items incidental to its connection with the other general industrial use, by purchase, consignment, or bailment. Such metal items may be stored, graded, processed, melted, cut, dismantled, compressed, cleaned, or in any way prepared for reuse by a related, on site, general industrial use; or such metal items may be made available for sale, shipment, and use in other industries or businesses, including open hearth electric furnaces and foundry operations. Such establishments shall not include junkyards, dumps, or automobile graveyards; and
(2) The storage, dealing of, or accumulation of significant quantities of combustible, organic, or nonmetal scrap materials such as wood, paper, rags, garbage, bones, and shattered glass on the premises of such an establishment will disqualify it from being classified as a
SCRAP METAL YARD. Such yards will be classified as junkyards.
SECONDARY ARTERIAL. See ARTERIAL, SECONDARY.
SECTION.
(1) A unit of a manufactured home; or
(2) A designation of the separate divisions of this chapter.
SERVICE STATION. Any commercial building, structure, or premises used for the dispensing or sale of automobile fuels, oils, or accessories; and where light automobile maintenance may be conducted including, but not limited to, oil changes, air conditioning service, tune-ups, and detailing. SERVICE STATIONS shall not include heavy automobile maintenance or repair such as bodywork, painting, engine repair, or auto salvaging.
SETBACK LINE. A line parallel to and equidistant from the relevant lot line (front, back, side) which establishes the minimum depth of yard on a lot, beyond which no building or structure is permitted; as measured from the street line or lot line.
SEMINUDE. A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SEX SHOPS. An establishment offering goods for sale or rent and that meets any of the following tests:
(1) The establishment offers for sale items from any two of the following categories: adult media; lingerie; or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; and the combination of such items constitutes more than 10% of its stock in trade or occupies more than 10% of its floor area;
(2) More than 5% of its stock in trade consists of sexually oriented toys or novelties; and/or
(3) More than 5% of its gross public floor area is devoted to the display of sexually oriented toys or novelties.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude.
SEXUALLY ORIENTED BUSINESS. An inclusive term used to describe collectively adult retail facilities and adult entertainment facilities.
SEXUALLY ORIENTED TOYS OR NOVELTIES. Instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.
SFHA or SPECIAL FLOOD HAZARD AREA.
(1) Those lands within the jurisdiction of the town that are subject to inundation by the regulatory flood. The
SFHAS of the town are generally identified as such on the Flood Insurance Map of the town prepared by the Federal Emergency Management.
(2) The
SFHAS of those parts of the county that are unincorporated that are within the extraterritorial jurisdiction of the town that may be annexed into the town are generally identified as such on the Flood Insurance Rate Map prepared for the county by the Federal Emergency Management Agency.
SIDE LOT LINE. Any lines, other than front or rear lot lines, that separate two lots.
SIDE YARD. See YARD, SIDE.
SIGN. A name, identification, description, display, or illustration which is affixed to or painted or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, project, place, activity, person, institution, organization, or business.
SIGN, FLASHING. Any illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color at all times when such sign is in use. For the purpose of this chapter, any revolving, illuminated sign shall be considered a FLASHING SIGN.
SIGN, GROSS SURFACE AREA. The entire area within a single continuous perimeter enclosing the extreme limits of a sign and in no case passing through or between any adjacent elements of the same sign. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign with two visible surfaces, the GROSS SURFACE AREA shall be the sum of all sides of the sign.
SIGN, IDENTIFICATION. A sign indicating the name and address of a building, or the name of an occupant thereof, and the practice of a permitted occupation therein.
SIGN, MONUMENT. Any sign, other than a pole sign, placed upon or supported by the ground independently of any other structure.
SIGN, NONCONFORMING. Any sign which was lawfully erected in compliance with applicable regulations of the town and maintained prior to the effective date of this chapter, and which fails to conform to all applicable standards and restrictions of this chapter.
SIGN, OFF-PREMISES ADVERTISING. A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located or to which it is affixed.
SIGN, POLE. A sign erected and maintained on a freestanding mast or pole and not attached to any building, or supported by one or more uprights or braces in or upon the ground, but not including monument signs.
SIGN, POLITICAL. A sign that advertises a candidate or issue to be voted upon on a definite election day.
SIGN, PORTABLE. Any sign designed to be transported or movable including, but not limited to:
(1) Signs with wheels or with wheels removed;
(2) Signs with chassis or support constructed without wheels;
(3) Signs designed to be transported by trailer, wheels, or boat;
(4) Signs converted to or constructed as an A- or T-frame sign; and/or
(5) Signs painted, mounted, or affixed on a motor vehicle for advertising purposes, parked on or off a public right-of-way, and visible from the public right-of-way, except signs identifying the related business when the motor vehicle is being used in the normal day-to-day operations of that business.
SIGN, PROJECTING. A sign which is suspended from or affixed to any building wall or other structure and extends beyond the building wall or structure or parts thereof more than 18 inches.
SIGN, PUBLIC SERVICE. A sign or device displaying only the time, temperature, stock market quotations, or civic messages.
SIGN, ROOF. A sign that is mounted or painted on the roof of a building, or that is wholly dependent upon a building for support and that projects above the roof. (ROOF SIGNS are prohibited.)
SIGN STRUCTURE OR SUPPORT. Any structure that supports or is capable of supporting a sign, including decorative cover.
SIGN, VEHICULAR. Signs on parked vehicles visible from the public right-of-way where the primary purpose of the vehicle is to advertise a product or to direct people to a business or activity located on the same or nearby property. For the purpose of this chapter, VEHICULAR SIGNS shall not include business logos, identification, or advertising on vehicles primarily used for other business purposes.
SIGN, WALL. A sign affixed, painted, posted, or placed on a building or structure.
SIGN, WINDOW. A sign that is applied or attached to or suspended from the exterior or interior of a window or located within the interior of a structure so that its message can be read from the exterior of the structure.
SITE PLAN(S). Specific plan for the residential, commercial, or industrial development or other development of property, setting forth certain information and data required by the Plan Commission.
SOLAR PANEL. Any device intended to convert sunlight into electricity.
SPECIAL EXCEPTION. A use that is designated as such by this chapter as being permitted in the district concerned if it meets special conditions, following a public hearing and the approval of the Board of Zoning Appeals.
SPECIFIED ANATOMICAL AREAS. The male genitals in a state of sexual arousal and/or the vulva and more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIES. Means and includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) Masturbation, actual or simulated; and/or
(4) Excretory functions as part of or in connection with any of the activities set forth in divisions (1) through (3) above.
STORAGE, OUTDOOR. The outdoor accumulation or storage of goods, junk, vehicles, equipment, products, or materials for permanent or temporary holding.
STORY. The portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. For purposes of this chapter, a basement shall not be counted as a STORY.
STREET. A right-of-way that is dedicated to a governmental unit or is established by a recorded plat and publicly maintained to provide the principal means of access to abutting property.
STREET, PRIVATE. A right-of-way that is not dedicated to a governmental unit, but is privately maintained whether or not it is established by a recorded plat and intended to provide the principal means of access to abutting property. This definition does not include a private driveway serving a single parcel.
STRUCTURAL CHANGE. A substantial change in a supporting member of a building, such as a bearing wall or partition, column, beam, or girder, or in an exterior wall or the roof.
STRUCTURE.
(1) Anything constructed or erected that requires location on or in the ground or attachments to something having a location on or in the ground.
(2) The term includes:
(a) A gas or liquid storage tank;
(b) A manufactured home, or a prefabricated building; or
(c) Recreational vehicles to be installed on a site for more than 180 days.
SUBDIVISION. The division of a parcel of land into two or more lots, parcels, sites, units, plats, or interests for the purpose of offer, sale, lease, or development, either on the installment plan or upon any and all other plans, terms, and conditions, including re-subdivision.
SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the IMPROVEMENT. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements or any alteration of a historic structure, provided that the alteration will not preclude the structures continued designation as a historic structure.
TELECOMMUNICATIONS. The transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.
THROUGH LOT. See LOT, DOUBLE FRONTAGE.
TOURIST HOME. See BED AND BREAKFAST.
TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy-wired towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like.
TOWN. The Town of Cloverdale.
TOWN ATTORNEY.
(1) Usually that attorney regularly retained to advise or represent the town in legal matters.
(2) In special circumstances the term may refer also to other attorneys retained by the town for supplemental legal services.
USE. The employment or occupation of a building structure or land for a person’s service, benefit, or enjoyment.
USE VARIANCE. The approval of a use other than that prescribed by this chapter. Changes of allowed uses are not permitted by this chapter except by Zoning Map amendment.
VARIANCE. A specific approval for development or redevelopment which deviates from the development standards prescribed by this chapter including, but not limited to, height, bulk, or yard areas; but not including a change in use. Such approvals are granted by the Board of Zoning Appeals in the manner prescribed in §§ 156.020 through 156.029.
VISION CLEARANCE. (See § 156.072 for requirements at corners for a clear vision triangle.)
WIND ENERGY CONVERSION SYSTEMS (WECS). Any device designed and intended for use to convert wind energy directly in to electricity.
YARD. The area of a lot with a principal building that is open and unobstructed except as otherwise authorized by this chapter.
YARD, FRONT. The horizontal space between the nearest foundation of a building to the right-of-way line, and that right-of-way line, extending to the side lines of the lot, and measured as the shortest distance from that foundation to the right- of-way line. Lots adjoining more than one street shall have FRONT YARDS on all sides that adjoin a public or private street.
YARD, REAR. The horizontal space between the nearest foundation of a building to the rear lot line and that rear lot line, extending to the side lines of the lot, and measured as the shortest distance from that foundation to the rear lot line.
YARD, SIDE. The horizontal space between the nearest foundation of a building to the side lot line, unoccupied other than by architectural appurtenances projecting not more than 24 inches into that space, steps, or terraces not higher than the level of the first floor of the building, and open lattice-enclosed fire escapes or fireproof outside stairways and balconies projecting not over 24 inches into that space.
ZERO LOT LINE. The location of a building on a lot in such manner that one or more of the building’s sides rests directly on a lot line.
ZONING ADMINISTRATOR. See ADMINISTRATOR.
(Ord. 2014-26, passed 9- -2014)