For the purpose of the Zoning Code, certain terms and words used herein shall be interpreted and defined as follows: words in the present tense include the future and vice-versa; words in the singular number include the plural number and vice-versa; the word “building” includes the word “structure” and vice-versa,; the word “shall” is mandatory and not discretionary.
ABUTTING. Bordering.
ACCESSORY BUILDING AND USE. A building or use subordinate to another structure or use located on the same lot and which does not change or alter the character of the premises and which is not used for human occupancy; such as public utility installations, electric distribution and secondary power lines, gas, water and sewer lines, their supports and poles, guy wires, small transformers, wire or cable, and incidental equipment, and public telephone booths.
AGRICULTURE. The art or science of cultivating the ground, and raising and harvesting crops, often including feeding, breeding and management of livestock; tillage; husbandry; farming; in a broader sense, the science and art of the production of plants and animals useful to man, including to a variable extent the preparation of these products for man's use and their disposal by marketing or otherwise. In this broad use, it includes farming, horticulture, forestry, dairying, sugar making, and the like.
AIRPORT. Any runway, landing area or other facility designed, used or intended to be used either publicly; or privately by any person for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces.
ALLEY. A permanent public service way providing a secondary means of access to abutting lands, and which is less than 30 feet in width.
ALLEY LINE. A lot line bordering on an alley.
APARTMENT. A building or portion thereof designed for or occupied by more than two families. Also, a multi-family dwelling.
AUCTION USE. A building or any specific closed or open area where merchandise is assembled and sold by a form of sale called an auction.
AUTOMOBILE OR TRAILER SALES AREA. An open area, other than a street, used for the display, sale or rental of new or used automobiles or trailers, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed, sold or rented on the premises.
AUTOMOBILE WRECKING YARD. Any place where two or more motor vehicles, not in running condition, lacking current license plates and state inspection stickers, including inoperable equipment and parts thereof, are stored in the open; and including the commercial salvaging of any other goods, articles, or merchandise. (See JUNK YARD.)
BASEMENT. A story, wholly or partly underground, which, unless subdivided into rooms and used for tenant purposes, shall not be included as a story for the purpose of height measurement.
BED AND BREAKFAST. A residential dwelling with a character other than a hotel or motel compatible with the neighborhood providing temporary lodging generally for less than two weeks to guests for a per night charge, in five or fewer guest rooms, providing breakfast daily for guests, and a manager residing on the premises, but not providing the accessory uses normally associated with a hotel.
BLOCK. A unit of property bounded by streets, or by streets and/or railroad rights-of-way, waterways, or other barriers.
BLOCK FRONTAGE. Property having frontage on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of- way, waterway, or other barrier.
BOARD or BOARD OF ZONING APPEALS. The Fayette County Area Board of Zoning Appeals.
BOARD OF COUNTY COMMISSIONERS. The Board of County Commissioners of Fayette County, Indiana.
BOARDING HOUSE. An essentially private residence not open to transients which provides a private room and bathroom access and meals cooked on the premises and/or kitchen access to boarders for a comprehensive (meals included) weekly or monthly charge provided that rooms are limited to one boarder per room and the total rooms available to boarders does not exceed four. (Note - If the rooms are available on a nightly charge basis or if there is a separate charge for meals served on the premises, the facility is a motel or hotel or bed and breakfast.)
BUILDING. A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels, or property. When separated by party walls, without any opening through walls, each portion of such a building shall be considered a separate structure.
BUILDING, DETACHED. A building having no structural connection with another building.
BUILDING, ENCLOSED. A building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walk, pierced only by windows and normal entrance or exit doors.
BUILDING, FRONT LINE OF. The line of the face of the building nearest the front lot line.
BUILDING, HEIGHT (OF). The vertical distance measured from the lot ground level to the highest point of the roof for a flat roof, to the deck line of a mansard roof, and to the mean height between eaves and ridges for gable, hip and gambrel roofs.
BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which said building is situated. Where a part of an accessory building is attached to the principal building in a substantial manner, as by a roof, such accessory building shall be considered a part of the principal building.
BUILDING INSPECTOR. The official designated by the Board of County Commissioners of Fayette County and authorized to enforce the Building Code.
BUILDING LINE - BUILDING SETBACK. The line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of a building or structure and the front lot line. For the purpose of this chapter the proposed street and thoroughfare right-of-way lines according to the “Thoroughfare Plan” of current adoption will be considered as the street lines for lots bordering such streets and thoroughfares.
BUILDING PERMIT. A permit signed by the Building Inspector stating that a proposed improvement complies with the provisions of the Building Code.
BUSINESS OR COMMERCIAL. The engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services; the maintenance or operation of offices, or recreational and amusement enterprises for profit.
CAMP, PUBLIC. Any area or tract of land used or designed to accommodate two or more camping parties, including cabins, tents, or other camping outfits.
CARPORT. An open-sided roofed automobile shelter usually formed by extension of a roof from the side of a building.
CAR WASH. A structure, or portion thereof, containing commercial facilities for washing automobiles, using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices. This term includes a manually operated car wash facility when the operation is equivalent in intensity to a mechanized car wash.
CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes, including in conjunction with and within the boundary of such cemetery.
CERTIFICATE OF OCCUPANCY. A certificate signed by the Executive Director stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of the Code of Ordinances of Fayette County, Indiana.
CHARITABLE INSTITUTION. A building or group of buildings devoted to public service and supported by a non-profit organization.
CLINIC. A facility for human ailments operated by a group of physicians, dentists, chiropractors, or other licensed practitioners for the treatment and examination of outpatients for the care, diagnosis and treatment of sick, ailing, infirm, or injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room or kept overnight on the premises. A clinic shall include laboratory facilities in conjunction with normal clinic services, but shall not include in-patient care.
CITY. City of Connersville, Indiana.
CITY COUNCIL. City Council of the City of Connersville, Indiana.
CLUB. Private buildings and facilities owned or operated by a person for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
COMMISSION or PLAN COMMISSION or AREA PLAN COMMISSION. The Fayette County Area Plan Commission.
COMPREHENSIVE PLAN. A composite of all plans of land use, of thoroughfares, of sanitation, of recreation, and other related matters according to the requirements of the 500 Series of IC 36-7-4.
CONFINED FEEDING OPERATION. An operation involving the confined feeding of animals for food, fur, or pleasure purposes in lots, pens, ponds, sheds, or buildings where food is supplied to the animals only by means other than grazing. The term CONFINED FEEDING OPERATION means:
(1) Any confined feeding of 300 or more cattle, 600 or more swine or sheep, and 30,000 or more fowl;
(2) Any animal feeding operation electing to come under the provisions of IC 13-18-10; or
(3) Any animal feeding operation that is causing a violation of IC 13-18 or any rules of the Water Pollution Control Board of the State of Indiana.
(4) A restricted commercial farm enterprise.
CONFORMING BUILDING OR STRUCTURE. Any building or structure which: complies with all the regulations of this chapter or of any amendment hereto governing the zoning district in which such building or structure is located or is designed or intended for a conforming use.
COUNTY. Fayette County, Indiana.
DAY CARE CENTER or CHILD DEVELOPMENT CENTER. A building or part thereof including the lot devoted to the care and/or education and training of infants (younger than two years of age) and/or children (two to 15 years) at a location away from home for less than 24 hours per day during weekday working hours, and not including overnight accommodation or overnight sleeping. This definition encompasses facilities generally known as child care center, pre-school, kindergarten, nursery school, and similar programs and facilities for infants and children, but does not include, “Educational Institution.” (See definition FAMILY DAY CARE HOME.)
DECIBEL. A unit of measurement of the intensity of loudness of sound. Sound level meters are used to measure such intensities and are calibrated in decibels.
DENSITY. The number of dwelling units developed per acre of land.
DEVELOPMENT. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings and other structures, mining, dredging, filling, grading, paving, excavating or drilling operations.
DEVELOPMENT PLAN. Specific plans for the residential, commercial, or industrial development or other development of property settling forth certain information and data required by the Plan Commission. This information and data may include:
(1) The proposed name of the development;
(2) The name and address of developers;
(3) The location by public way, political township, section and range.
(4) The legal description;
(5) A map including date, scale and point north, location, size, capacity, and use of all buildings and structures existing or to be placed in the development;
(6) The nature and intensity of the operations involved in or conducted in connection with the development;
(7) The site layout of the development including the location, size, arrangement and capacity of area to be used for vehicular access, parking, loading, and unloading;
(8) The name of public ways giving access to the development and location, width, and names of platted public ways, railroads, parks, utility easements, and other public open spaces;
(9) The layout of proposed public ways, their names and widths, and the widths of alleys, walkways, paths, lanes, and easements;
(10) A description of the use of adjacent property and an identification of that property;
(11) The location, size, and arrangement of areas to be devoted to planting lawns, trees, and other site-screening activities;
(12) The proposals for sewer, water, gas, electricity, and storm drainage;
(13) The contours with spot elevations of the finished grade and the directions of storm runoff;
(14) The layout of proposed lots with their numbers and dimensions; and
(15) The land use density factors.
DEVELOPMENTAL DISABILITY. A disability of a person which:
(1) Is attributable to mental retardation, cerebral palsy, epilepsy, or autism; or is attributable to any other condition found to be closely related to mental retardation because this condition results in
similar impairment of general intellectual functioning or adaptive behavior, or requires similar treatment and services; or is attributable to dyslexia resulting from a disability described in this clause;
(2) Originates before the person is age 18; and
(3) Has continued or is expected to continue indefinitely and constitutes a substantial handicap to the person's ability to function normally in society.
DEVELOPMENTAL DISABILITIES RESIDENTIAL FACILITY. A facility:
(1) That provides room and board services only, which are paid for exclusively out of private funds; or
(2) That provides only those services which are minimally required, based on each recipient's needs, for federal financial participation under Title XIX of the federal Social Security Act (42 U.S.C. 1396 et seq.); for at least four, but not more than eight, developmentally disabled individuals who are not related to the individual owning or leasing the facility; however, the term does not apply to a boarding house which is approved by the department of mental health under IC 12-24.
DISPOSAL or DISPOSED OF. The discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be entitled into the air or discharged into any waters, including ground waters. (See definition of LAND APPLICATION OPERATION.)
DISTRICT. A section of the territory within the jurisdiction of the Fayette County Area Plan Commission for which uniform regulations governing the use, height, area, size and intensity of use of buildings and land, and open spaces about buildings are herein established. Districts may overlap other Districts. Also ZONE or ZONE DISTRICT.
DRIVE-IN ESTABLISHMENT. Any place or premises used for sale, dispensing, or serving of food, refreshments, beverages or services in automobiles, including those establishments where customers may serve themselves and may carry out or consume the above on or off the premises.
DWELLING. A building or portion thereof, used primarily as a place of abode for one or more human beings, but not including hotels or motels, lodging or boarding houses or tourist homes.
(1) A single-family dwelling is a detached building designed for or occupied by one family, exclusively.
(2) A two-family dwelling is a detached building designed for or occupied by two families, exclusively.
(3) A multi-family dwelling is a building designed for or occupied by three or more families, exclusively.
DWELLING UNIT. One room or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
EASEMENT. A right of the owner on one parcel of land, by reason of such ownership, or a right of the public, to use the land of another for a special purpose as designated; a strip of land to be used by the general public, a corporation, a utility company, or a certain person for a specific reason, for purposes of providing services to property.
EDUCATIONAL INSTITUTION. Public or parochial pre-primary, primary, grade, high, preparatory school or academy; junior college; college or university, if public or founded or conducted by or under the sponsorship of a religious or charitable organization.
EFFICIENCY UNIT. A dwelling unit consisting of one principal room exclusive of bathroom, hallway, closets, or kitchen and dining alcove directly off the principal room.
EXECUTIVE DIRECTOR. The official employed by the Fayette County Area Plan Commission and authorized to enforce the Planning and Zoning Codes of Fayette County, Indiana, and the City of Connersville, Indiana.
FAMILY DAY CARE HOME. An occupied dwelling in which a person provides day care for children other than his/her own family and the children of close relatives. Such care in a family day care home is limited to that care given to 12 or fewer children, including children living in the home and children or close relatives cared for in the home for less than 24 hours per day during weekday working hours. A SMALL FAMILY DAY CARE HOME is limited to six or fewer children and a LARGE FAMILY DAY CARE HOME is limited to 12 or fewer children. (See definition DAY CARE.)
FARM. A tract of land comprising an area which is devoted to agricultural operations, such as forestry; the growing of crops, pasturage; the production of livestock and poultry; the growing of trees, shrubs and plants; and other recognized agricultural pursuits and including accessory buildings essential to the operation of the farm. Accessory buildings may include barns; equipment and animal sheds; roadside sales structure for the sale of products of the farm; and signs displaying subject matter directly related to the name or the products of the particular farm; but not including industrial or commercial operations or structures.
FARM HOUSE or FARM DWELLING. The principle dwelling or residence of the owner or operator of the farm.
FARMSTEAD LOT. A tract of land located in the A-1 Prime Agriculture District or A-2 Agriculture District, comprising a Farm House or Farm Dwelling built prior to October 30, 1992, and/or including accessory buildings essential to the operation of the farm.
FAMILY. An individual or two or more persons related by blood, marriage or adoption, including foster children and bona fide domestic servants employed on a full-time basis by the family in the dwelling unit, living together as a single housekeeping unit in a dwelling unit and also including roomers, provided that the family plus the roomers shall not exceed a total of five persons, provided further that the limit of five persons shall not apply where the entire group living in the dwelling unit consists of persons related by blood, marriage or adoption, including foster children and domestic servants.
FILLING STATION/SERVICE STATION. Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail, and where in addition the following services may be rendered and sales made, limited to the following:
(1) Sale and servicing of spark plugs, batteries, and distributors and distributor parts;
(2) Tire servicing and repair, but not recapping or regrooving;
(3) Replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like;
(4) Radiator cleaning and flushing;
(5) Washing and polishing, and sale of automobile washing and polishing materials;
(6) Greasing and lubrication;
(7) Providing and repairing fuel pumps, oil pumps, and lines;
(8) Minor servicing and repair of carburetors;
(9) Adjusting and repairing brakes;
(10) Emergency wiring repairs;
(11) Minor motor adjustments not involving removal of the head or crankcase or racing the motor;
(12) Sales of cold drinks, packaged foods, ice, tobacco, and similar convenience goods for service station customers, as accessory and incidental to principal operation;
(13) Rental of hauling vehicles for the moving of household goods, but not including the sale or rental of automobiles, mobile homes or recreational vehicles, as accessory and incidental to principal operation;
(14) Provision of road maps and, other informational materials to customers; provision of restroom facilities. Uses permissible at a service station do not include major mechanical and body work, straightening of frames or body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in service stations.
FLASH POINT. The lowest temperature at which a combustible liquid under prescribed conditions will give off a flammable vapor which will burn momentarily using the closed cup method.
FLOOD PLAIN. The area adjoining the river or stream which has been or may hereafter be covered by flood-waters.
FLOOR AREA, GROSS. The total area, computed on a horizontal plane, within the outside dimensions of a building. (See § 153.36 for application to off-street parking under division (D).)
FLOOR AREA, NET. The total area, computed on a horizontal plane, used for a particular business category; exclusive of entrances, hallways, stairs and other accessory areas used for ingress or egress.
FLOOR AREA RATIO. The floor area of the building or buildings on a lot divided by the area of such lot.
FREE BURNING. A rate of combustion described by a material which burns actively and easily supports combustion.
FRONTAGE. All the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street, or, if the street is dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.
GARAGE, PRIVATE. An accessory building or portion of the principal building used only for the storage of private passenger automobiles, private boats, recreational vehicle, and private auto trailers and/or not more than one truck of a rated capacity not exceeding one and one-half ton on any lot; when the storage space on the lot does not exceed that normally required for the use of persons occupying the principal building; and in which no business, service, or industry connected directly or indirectly with motor vehicles, boats, and trailers is carried on; provided that not more than one-half of the parking spaces therein may be rented for the storage of motor vehicles, boats, and trailers of persons not resident on the premises, except that all the parking spaces in a garage of one or two car capacity may be so rented.
GARAGE, PUBLIC. Any building, except those defined herein as a private garage, used for storage, or care of motor vehicles, or where such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale.
GRADE. Also, LOT GROUND LEVEL.
(1) For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street;
(2) For buildings having walls adjoining more than one street, the overage of the elevation of the sidewalk at the center of all walls adjoining the streets; and
(3) For buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls of the building. Any wall approximately parallel to and not more than five feet from a street line is to be considered as adjoining the street.
GROUND FLOOR AREA. The square foot area of a residential building within its largest outside dimensions computed on a horizontal plan at the ground floor level, exclusive of porches, breezeways, terraces, garages and exterior stairways or other devices. A ground floor may have split levels provided there is not more than a five-foot difference in elevations between the different levels of the floor. See OCCUPIED SPACE for manufactured dwellings.
HEALTH OFFICER. Any officer of authority, Fayette County Health Department, and the State Department of Health. Same as COUNTY HEALTH OFFICER, includes County Sanitarian.
HEALTH FACILITY. Any building, structure, institution, or other place, for the reception, accommodation, board, care or treatment extending beyond a continuous 24-hour period in any week of more than two unrelated individuals requiring, in apparent need of, or desiring such services or combination of them, by reason of age, senility, physical or mental illness, infirmity, injury, incompetency, deformity, or any physical, mental or emotional disability, or other impairment, illness or infirmity, not specifically mentioned hereinabove, including institutions or places or institutions commonly known as nursing homes, homes for the aged, retirement homes, boarding homes for the aged, sanitariums, convalescent homes, homes for the chronically ill, homes for the indigent. The reception, accommodation, board, care or treatment in a household or family, for compensation, of a person related by blood to the head of such household or family, or to his or her spouse, within the degree of consanguinity of first cousins, shall not be deemed to constitute the premises in which the person is received, boarded, accommodated, cared for or treated, a health facility. Any state institution or any municipal corporation may specifically request such licensure and upon compliance with all applicable sections of the Indiana Code and upon compliance with all existing rules and regulations, the petitioning facility may then be so licensed under the provisions of IC 16-21-2; provided that the term health facility does not include hotels, motels, or mobile homes when used as such; hospitals, mental hospitals, institutions operated by the federal government; boarding homes for children; schools for the deaf or blind; day schools for the retarded; day nurseries; children's homes; child placement agencies; offices of practitioners of the healing arts; offices of Christian Science practitioners; industrial clinics providing only emergency medical services or first-aid for employees; a residential facility, as defined in IC 12-7-2-165; and any hospital, sanitorium, nursing home, rest home, or other institution wherein any health care services and private duty nursing services are rendered in accordance with the practice and tenets of the religious denomination known as the Church of Christ, Scientist.
HOME OCCUPATION. An accessory use conducted entirely within a dwelling, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character or appearance thereof.
HOSPITAL. An institution licensed by the State Department of Health and providing health services primarily for in-patient medical or surgical care of the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central service facilities and staff offices which are an integral part of the facility, provided such institution is operated by, or treatment is given under, direct supervision of a licensed physician. Types of hospitals include general, mental, chronic disease and allied special hospitals such as cardiac, contagious disease, maternity, orthopedic, cancer and the like such as drug treatment center.
HOTEL. A building in which lodging is provided and offered to the public for compensation and which is open to transient guests, in contradistinction to a boarding or lodging house.
IMPROVEMENT LOCATION PERMIT. A permit (which may be combined with a BUILDING PERMIT) signed by the Executive Director stating that a proposed improvement or use complies with the provisions of the Zoning Code. A TEMPORARY IMPROVEMENT LOCATION PERMIT is an IMPROVEMENT LOCATION PERMIT authorized by the Fayette County Area Board of Zoning Appeals with a definite time limit attached thereto.
INDUSTRIAL PARK. A single or group of structures for industrial operations forming a comprehensive arrangement of buildings, grounds, and access ways planned in accordance with harmonious principles of architectural and landscape architectural designs and industrial management.
INTENSE BURNING. A rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly.
JUNK YARD. Any place at which personal property is or may be salvaged for reuse, resale, or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled, or assorted, including, but not limited to, used or salvaged base metal or metals, their compounds or combinations, used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property except animal matter; and used motor vehicles, machinery or equipment which is used, owned or possessed for the purpose of wrecking or salvaging parts therefrom; used lumber yards and places or yard for storage of salvaged building wrecking and structural steel materials and equipment; but not including establishments where such uses are conducted entirely within a completely enclosed building, and not including establishments for the sale, purchase or storage of used cars in operable condition, or storage of materials incidental to manufacturing operations.
JURISDICTION OF THE COMMISSION. The unincorporated territory of Fayette County, Indiana, and the territory within the city, the boundaries of which are shown on the Zone Map, dated 1992; as amended, which includes all of the area over which this chapter is effective.
KENNEL. Any lot on which four or more dogs, or small animals at least four months of age, are kept.
LAND APPLICATION OPERATION. An operation in which sludge, waste products or wastewater generated by industrial, municipal or semi- public facilities, or (septage) from septic haulers, are disposed of by application upon or incorporation into the soil.
LIVESTOCK. Any animal which has been domestically raised primarily for agricultural purposes, but not including house pets such as dogs, cats, canaries, or any other similar animal or fowl usually considered a house pet.
LOADING AND UNLOADING BERTHS. The off-street area required for the receipt or distribution by vehicles of material or merchandise.
LOT. A parcel, tract or area of land accessible by means of a street or place, and for residential uses as set forth in this chapter, abutting upon a street or place for at least 50% of the lot width prescribed for the district in which the lot is located. It may be a single parcel separately described in a deed or plat which is recorded in the Office of the County Recorder of Fayette County, or it may include parts of or a combination of such parcels when adjacent to one another and used as one. In determining lot area and boundary lines, no part thereof within the limits of a street or a place shall be included.
LOT, CORNER. A lot at the junction of and having frontage on two or more intersecting streets.
LOT, DEPTH OF. The mean horizontal distance between the front lot line and the rear lot line of a lot, measured in the general direction of the side lot line.
LOT, FRONTAGE. All the property of such lot fronting on a street and as measured between side lot lines.
LOT, INTERIOR. A lot other than a CORNER LOT or THROUGH LOT.
LOT, REVERSED INTERIOR. An interior lot, the front lot line of which is formed by a street, which street also forms the side lot line of an abutting corner lot. The corner lot is considered abutting even though separated from the Interior Lot Line by an alley.
LOT, THROUGH. A lot having frontage on two parallel, or approximately parallel streets. Also DOUBLE FRONTAGE LOT.
LOT, WIDTH. The dimension of a lot, measured between side lot lines on the building line.
LOT, AREA. The horizontally projected useable area of a lot computed exclusive of any portion of a street, existing or proposed.
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 said lot abuts a street, measured between side lot lines.
LOT LINE. The property line between two established parcels of land or one parcel and a public right-of-way or place.
LOT LINE, FRONT. In the case of an interior lot, a line separating the lot from the street or place; and in the case of a corner lot, a line separating the lot from the street, except in cases where deed restrictions in effect specify another street right-of-way line as the front lot line.
LOT LINE, REAR. A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE. Any lot boundary line not a front lot line or a rear lot line.
LOT OF RECORD. A lot which is part of a subdivision, the map of which has been recorded in the Office of the County Recorder of Fayette County, or a parcel of land the deed to which has been recorded in the Office of the Fayette County Recorder.
MANUFACTURED DWELLING. A dwelling unit, built in a factory and bearing a seal of compliance with federal Manufactured Housing Construction and Safety Standards Law or Indiana Public Law 360, Acts of 1971, and constructed prior to October 30, 1992, and, although it is not actually a MOBILE HOME, for the purposes of this chapter, it is a MOBILE HOME.
MANUFACTURED HOME. A dwelling unit, designed and built in a factory, which bears a seal certifying that it was built in compliance with the federal Manufactured Housing Construction and Safety Standards Law (1974 U.S.C. 5401 et seq.) or Indiana' Public Law 360, Acts of 1971 (IC 22-11-1-9), constructed after January 1, 1981, and exceeds 950 square feet of occupied space.
Editor's Note:
IC 22-11-1-9, cited in the above definition, was repealed in 1984 and 1987
MARQUEE or CANOPY. A roof-like structure of a permanent nature which projects from the wall of a building and may overhang into a required yard.
MOBILE HOME. A transportable vehicle which is greater than eight feet in body width and longer than 36 feet in body length and designed and constructed as a detached single-family dwelling unit with all of the following characteristics:
(1) Designed for long-term occupancy for one or more persons, and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems;
(2) Designed to be transported after fabrication on its own wheels, or on flatbed or other trailers or detachable wheels;
(3) Arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities, and the like.
MOBILE HOME PARK. A tract of land which has been developed with all necessary facilities and services in accordance with a development plan meeting all legal requirements and which is intended or the purpose of providing a site for five or more manufactured homes, manufactured dwellings or mobile homes for human habitation, either free of charge or for revenue purposes, including any building, vehicle or enclosure used or intended for use as a part of the equipment of such MOBILE HOME PARK.
MOBILE HOME LOT. A designated site within a mobile home park or subdivision for the exclusive use of the occupants of a single mobile home,
including a mobile home slab, lawn, driveway, and parking area for said occupants.
MOBILE HOME SLAB or FOUNDATION. The solid material upon which the mobile home rests, consisting of a continuous concrete slab or a PERMANENT FOUNDATION.
MOBILE HOME STAND. That part of the mobile home park which has been reserved for the placement of one mobile home unit, including the mobile home slab, lawn area, driveway area and parking area for the unit.
MODERATE BURNING. A rate of combustion described by a material which supports combustion and is consumed slowly as it burns.
MOTEL. A building or detached building used as dwelling units containing bedroom, bathroom and closet space, and each unit having convenient access to a parking space for the use of the unit's occupants. The units, with the exception of the apartment of the manager or caretaker, are devoted to the use of automobile transients, and more than 50% of the lodging rooms are for rent to transient automobile tourists for a continuous period of less than 30 days.
MOTOR VEHICLE. A passenger vehicle, truck, truck-trailers, or semi-trailer propelled or drawn by mechanical power.
NAMEPLATE. Non-illuminated sign flush with the front of the building indicating the name or address of a building, or the name of an occupant thereof and the practice of a permitted occupation therein.
NATURAL RESOURCES. The Indiana Department of Natural Resources.
NONCONFORMING USE. A building or premises which does not conform in its use or otherwise with all of the regulations of the district in which the building or premises is located.
NURSING HOME. Same as HEALTH FACILITY.
NURSING HOME CONVERSIONS. A dwelling which is converted for the use of a nursing home and licensed by the State Board of Health. See HEALTH FACILITY.
OCCUPIED SPACE. The total area of earth horizontally covered by the structure, excluding accessory structures such as, but not limited to, garages, patios and porches.
OCTAVE BAND. A narrow range of sound frequencies which classify sounds according to pitch. In the octave band analyzer the audible sound spectrum is divided into eight octave bands.
OPACITY. A condition which renders material partially or wholly impervious to transmittance of light and causes obstruction of an observer's view. For the purposes of these regulations, the following equivalence between opacity and Ringelmann shall be employed.
Opacity Percent
|
Ringelmann
|
Opacity Percent
|
Ringelmann
|
10 | 0.5 |
20 | 1 |
30 | 1.5 |
40 | 2 |
60 | 3 |
80 | 4 |
100 | 5 |
See definition of RINGELMANN NUMBER.
OPEN SALES LOT. Land used or occupied for the purpose of buying or selling merchandise stored or displayed out-of-doors prior to sale. (Such merchandise includes, but is not limited to, passenger cars, trucks, motorcycles, boats, monuments, mobile homes, and recreational vehicles).
OPEN SPACE. The total horizontal area of a lot excluding the building area but including parking areas and recreational areas; provided, however, in residential districts, said open space may include the useable roof area within the project which has been improved for outdoor use of occupants, plus one-half of that space, such as balconies, which may be open on its sides but not open above to the sky.
OUTDOOR RECREATION. Outdoor recreation includes one or more of the following uses: riding clubs, polo fields, horse shows, hunter trails, and other equestrian sports; conservation clubs, Girl Scout and Boy Scout lodges or clubhouses, private parks or playgrounds, archery ranges, and other outdoor recreation uses approved by the Board of Zoning Appeals; and accessory uses, buildings, and structures such as off-street parking and loading facilities, administration, maintenance, and clubhouse building. Outdoor recreation may be private recreational developments or outdoor commercial enterprises. (See BUSINESS.)
PARK MANAGEMENT. The person who owns or has charge, care or control of a mobile home park.
PARK, PUBLIC. A piece of ground kept for ornamental or recreational use, or an area maintained in its natural state as a public property, owned, operated, or endorsed by a governmental unit.
PARKING AREA. An area paved with a hard surface in accordance with specifications set forth in this chapter, other than a street or alley, designed for use or used for the temporary parking of more than four motor vehicles when available for public use, whether free or for compensation, or as an accommodation for clients or customers.
PARKING SPACE. A space other than on a street or alley designed for use or used for the temporary parking of a motor vehicle, and being not less than nine feet wide and 20 feet long exclusive of passageways. For computing purposes, the average area of passageways shall be at least 70 square feet per space. Accordingly, the minimum total average area for a parking space is 250 square feet.
PARTICULATE MATTER. Finely divided liquid or solid material which is discharged and carried along in the air. This shall not include water droplets, commonly called steam.
PERFORMANCE STANDARD. Criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, and glare or heat generated by or inherent in uses of land or buildings.
PERMANENT FOUNDATION. Any structural system 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. (See IC 22-11-1-1.5.)
Editor's Note:
IC 22-11-1-1.5, cited in the above definition, was repealed in 1984 and 1987
PERMANENT PERIMETER WALL. An approved non-load-bearing perimeter structural system composed of a continuous solid or mortared masonry wall having the appearance of a permanent load- bearing foundation characteristic of site-constructed homes, designed to support the loads imposed and extending below the established frost line.
PERSON. A corporation, firm, partnership, association, organization, or any other group acting as a unit, as well as a natural person or persons.
PLACE. An open, unoccupied, officially designated space other than a street or alley, permanently reserved for use as the principal means of access to abutting property.
PLAN COMMISSION or COMMISSION or AREA PLAN COMMISSION. The Fayette County Area Plan Commission.
PLAN COMMISSION STAFF. The Executive Director and any other persons the Fayette County Area Plan Commission has employed to advise them on matters pertaining to Planning and Zoning.
PLAT. A map or chart indicating the subdivision or re-subdivision of land, either filed or intended to be filed for record.
PREMISES. A lot, tract, or plat including buildings thereon, if any.
PRIVATE SCHOOL. Private, primary, grade, high or preparatory school or academy.
PROFESSIONAL OFFICE. Office of a member or members of a recognized profession as defined by the United States Bureau of the Census.
PROFESSIONAL OFFICE CENTER. An architectural and functional grouping of professional offices and appropriate associated and accessory uses which is the central feature of a site plan composed of building area, parking area, landscaped reservation and plantation, and other land features appropriate for its use as a professional office enterprise, designed to serve residential neighborhoods. Such center shall conform to the standards and requirements of this chapter.
PROFESSIONAL OFFICE IN RESIDENCE. An office in the dwelling of a member of the following recognized professions: doctor, dentist, lawyer, engineer, and certified public accountant, provided that the professional service is performed by a member or members of the family occupying such dwelling, that not more than one additional person is employed in rendering such service, that not more than 25% of the gross floor area is devoted to such use, and that there shall not be used any nameplate or sign nor any artificial lighting or any display that will indicate from the exterior that the dwelling is being utilized in part for any purpose other than that of a dwelling.
PROPERTY LINES. Those lines bounding a parcel of land.
PUBLIC UTILITY INSTALLATIONS. The erection, construction, alteration, or maintenance by public utilities, municipal departments, commissions or common carriers of underground, surface or overhead gas, oil, electrical, steam, pipes, conduits, cables, fire alarm boxes, poles, wires, mains, drains, sewers, police call boxes, traffic signals, hydrants, towers and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utility or municipal departments or commissions or for the public health or safety or general welfare.
RECREATIONAL VEHICLE. A portable vehicular structure designed as a temporary dwelling for travel, vacation and recreational uses which is either a structure mounted on an automobile or truck and designed to be used for human habitation, including sleeping, or identified on the unit by the
manufacturer as a travel trailer or recreational vehicle, and is not more than eight feet in width, and not more than 36 feet in length.
RECREATIONAL VEHICLE PARK. A tract of land which has been developed with all necessary facilities in accordance with a site development plan meeting all legal requirements and which is for short term occupancy by recreational vehicles only. It shall include, but not be limited to, travel trailers, pick-up coaches, motor homes, camping trailers, and tents.
REGULATORY FLOOD. Any flood having a peak discharge which can be expected to be equalled or exceeded on the average of once in a 100-year period as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resources Commission. This flood is equivalent to a flood having the probability of occurrence of one percent in any given year.
RESTRICTED COMMERCIAL FARM ENTERPRISE. An operation or use which is inherent to or closely associated with a farm or agriculture, but not including industrial grain elevators, industrial mills, abattoirs, the manufacture of commercial fertilizer, and similar operations which are of an industrial nature. Also, a restricted commercial enterprise is any similar operation which may:
(1) Cause stream pollution by the disposal of wastes discharged into streams thus endangering water supply and health;
(2) Release odors to the atmosphere beyond the boundary of the property, which may be strong and beyond the normal expectancy of a farm operation;
(3) Create any unusual or loud noises audible beyond the normal expectancy of a farm operation;
(4) Emit poisonous and injurious fumes and gases beyond the boundaries of the property;
(5) Cause the emission of smoke or particulate matter or cause any undue vibration or excessive glare or heat beyond the boundaries of the property; or
(6) Because of the location of its facilities influence adversely the uses of adjacent properties, either existing or proposed.
RETIREMENT HOME or HOME FOR THE AGED. Same as HEALTH FACILITY.
RINGELMANN NUMBER. The number of the area on the Ringelmann Chart that most nearly matches the light-obscuring capacity of smoke. The Ringelmann Chart is described in the U.S. Bureau of Mines, U.S. Department of Interior, Information Circular 8333 (Revision of IC 7718) May 1, 1967, or any adaption thereof which has been approved. The Chart illustrates graduated shades of gray for use in estimating smoke density. See Definition of OPACITY.
ROADSIDE PRODUCE STAND. A structure or part of a property used for the sale of agricultural products. Classes of ROADSIDE PRODUCE STANDS are as follows:
(1) FARM STANDS are open seasonally or year round for the sale of produce raised on that farm property and is considered an accessory use to farm operations.
(2) FARMERS MARKETS are officially recognized by the city and county through the local economic development organization in order to provide a centralized location for the direct sale of produce and other approved products from a grower or crafts person directly to the consumer.
(3) RESALE PRODUCT STAND/GREEN GROCERS are open for the growing season for the resale of produce, the majority of which must be grown in Fayette County, or the adjacent counties.
(4) SEASONAL PRODUCE STANDS are open for the growing season only for the sale of produce grown exclusively on a property on which the primary use is residential.
(5) TRANSIENT PRODUCE STANDS are ;open for a period of less than 14 days for the resale of produce and require the issuance of a transient business license.
(6) YEAR ROUND PRODUCE STANDS are open 12 months per year for the sale of produce grown exclusively on a property on which the primary use is residential.
ROOMING HOUSE. A building in which is the primary residence of the owner and in which rooms are provided, for compensation, to three or more, but not exceeding 12 adult persons not related by blood, marriage or adoption to the owner; or which is not the owner's residence and which is occupied in its entirety by three or more adult persons not related by blood, marriage or adoption to each other. The term does not include a hotel, motel or multi-family dwelling.
SERVICE DRIVE, COMMERCIAL. A street other than a frontage street that runs parallel or generally parallel to the frontal street and mainly located in the space to the rear of the building(s).
SHOPPING CENTER. An architectural and functional grouping of retail stores, generally oriented around a supermarket or department store, and appropriate associated and accessory uses, which is the central feature of a site plan or development plan composed of building areas, parking areas, access streets and circulatory ways for vehicles and pedestrians, landscape reservations and plantations and other land features appropriate for its operation as a business enterprise, designed to serve residential neighborhoods or communities and which conforms to the requirements of this chapter.
SLOW BURNING or INCOMBUSTIBLE. Materials which do not in themselves constitute an active fuel for the spread of combustion. A material which will not ignite, nor actively support, combustion during an exposure for five minutes to a temperature of 1200° F.
SLUDGE. Any solid, semi-solid, or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.
SMOKE. Small gas-borne particles resulting from incomplete combustion, consisting predominantly but not exclusively of carbon, ash and other combustible material, that form a visible plume in the air.
SMOKE UNIT. The number obtained when the smoke density in Ringelmann number is multiplied by the time of emission in minutes. For the purpose of this calculation, a Ringelmann density reading shall be made at least once a minute during the period of observation. Each reading is then multiplied by the time in minutes during which it is observed. The various products are then added together to give the total number of smoke units observed during the entire observation periods.
SOLID WASTE. Any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved material in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880), or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923).
SPECIAL SCHOOL. Any school which has as its primary purpose the instruction, care, and rehabilitation of atypical or exceptional children or adults such that the usual statutory educational requirements expressly or implicitly do not apply.
STORY. That portion of a building, included between the surface of any floor and surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall be the story.
STORY, HALF. That portion of a building under a sloping, gable, hip, or gambrel roof, the wall plates on at least two opposite exterior walls of which are not more than three feet above the floor level of such half-story.
STREET. A right-of-way or thoroughfare, other than an alley, or place dedicated or otherwise legally established for public use, usually affording the principal means of access to abutting property.
STREET, FRONTAGE. A street that runs parallel to the frontal street and located within the space between the building(s) and the frontal street.
STRUCTURE. Anything constructed or erected on the ground or attached to the ground.
STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the exterior walls or the roof.
SUBDIVISION. The division of land parcels as defined in Chapter 81 of the Code of Ordinances of Fayette County, Indiana, the City of Connersville, Indiana, or the Town of Glenwood, Indiana.
SWIMMING POOL, PRIVATE. A swimming pool used only by the owner of the pool and friends as an accessory use at a private residence and not for monetary gain.
THOROUGHFARE, ARTERIAL. A street designated for large volumes of traffic movement. Certain arterial streets may be classed as limited access highways to which entrances and exits are provided only at controlled intersections and access is denied to abutting properties.
TOURIST HOME. A single family building owned and occupied by a person renting out not more than three rooms for overnight accommodation for compensation to transient persons who do not stay for more than seven consecutive days.
TOWNHOUSE. A two or two and one-half story dwelling, which may include a basement, and which is normally an integral part of an apartment or multi- family use as set forth in this chapter.
TRADE OR BUSINESS SCHOOL. Secretarial or business school or college when not publicly owned or not owned or conducted by or under the sponsorship of a religious, charitable or non-profit organization; or a school conducted as a business enterprise for teaching instrumental music, dancing, barbering or hair dressing, drafting or for the teaching of industrial or technical arts.
USE. The employment or occupation of a building, structure or land for service, benefit or enjoyment by a person.
USE, NONCONFORMING. See NONCONFORMING USE.
VARIANCE. A modification of the specific requirements of this chapter granted by the Board in accordance with the terms of this chapter for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and district.
VIBRATION. Oscillatory motion transmitted through the ground.
VISION CLEARANCE ON CORNER LOTS. Also, INTERSECTION VISIBILITY. A triangular space at the street corner of a corner, lot, free from any kind of obstruction to vision between the heights of 3 and 12 feet above the established street grade. The street grade is measured at the intersection of the center lines of the intersecting street pavements, and the triangular space is determined by a diagonal line connecting two points measured 15 feet equidistant from the intersection of the property lines or the property lines extended at the corner of the lot using each of the street right-of-way lines.
WASTE PRODUCTS. Materials, which are not considered sludge or wastewater under (327 IAC 6), but are generated as waste in the production process and may be disposed of through application upon or incorporation into the soil.
WASTEWATER. Discarded pollutant-bearing water or other liquid waste which is generated by industrial, municipal, or semi-public facilities.
YARD. A space on the same lot with a building, which is open, unoccupied and unobstructed by structures, except as otherwise provided in this chapter.
YARD, FRONT. A yard extending across the full width of the lot or in the case of a corner lot extending also along the length of the lot abutting the side street, unoccupied other than by steps, walks, terraces, driveways, lamp posts, and similar appurtenances, the depth of which is the least distance between the front lot line and the building line.
YARD, REAR. A yard extending across the full width of the lot between the rear of the principal building and the rear lot line unoccupied other than by accessory buildings which do not occupy more than 30% of the required space, and steps, walks, terraces, driveways, lamp posts and similar structures, the depth of which is the least distance between the rear lot line and the rear of such principal building.
YARD, SIDE. A yard between the building and side lot line, extending from the front yard or from the front lot line where no front yard is required, to the rear yard, unoccupied other than by architectural appurtenances projecting not more than 24 inches from the building, or open or lattice-enclosed fire escapes or fireproof outside stairways, projecting not more than four feet, and certain accessory uses in accordance with the provisions of this chapter. The width of the required side yard is measured horizontally at 90 degrees with the side lot line from the nearest point of the building.
ZONE MAP. A map entitled: “Zone Map, Fayette County, and Connersville, Indiana,” dated 1992, and any amendments thereto.
(Ord. 3095, passed 2-15-93; Am. Ord. 4633, passed 6-20-05)