(A) Purpose. For the purpose of administrating and enforcing this chapter, certain numbers, abbreviations, terms, words, and phrases used by this chapter shall be used, interpreted, and defined as set forth below.
(B) Rules.
(1) Interpretation. For the purpose of these regulations, certain words and phrases used herein shall be interpreted as follows:
(a) The word “person” includes as individual, firm, association, organization, partnership, trust, company, corporation, or any legal entity.
(b) The masculine includes the feminine.
(c) The present tense includes the past and future tense; the singular includes the plural.
(d) The word “shall” is a mandatory requirement, the word “may” is a permissive requirement, and the word “should” is a preferred requirement.
(e) The words “used” and “occupied” include the words “intended, arranged, designed to be used or occupied.”
(2) Other words and phrases not defined.
(a) All other words not herein defined shall be defined according to any recent edition of a dictionary of the American language.
(b) Whenever any words and phrases used herein are not defined, but are defined in the Indiana Code, such definition shall be deemed to apply to such words and phrases, unless stated otherwise.
(C) Words and phrases defined. The following pages define the words and phrases used within this chapter.
A ZONE. Portions of the SFHA in which the principal source of flooding is runoff from rainfall, snowmelt, or a combination of both. In A ZONES floodwaters may move slowly or rapidly, but waves are usually not a significant threat to buildings. These areas are labeled as Zone A, Zone AE, Zones A1-A30, Zone AO, Zone AH, Zone AR and Zone A99 on a FIRM or FHBM. The definitions for these sub- zones are as follows:
(a) ZONE A. Areas subject to inundation by the 1% annual chance flood event. Because detailed hydraulic analyses have not been performed, no base flood elevation or depths are shown. Mandatory flood insurance purchase requirements apply. Zone AE and A1-A30. Areas subject to inundation by the 1% annual chance flood event determined by detailed methods. Base flood elevations are shown within these zones. Mandatory flood insurance purchase requirements apply. (Zone AE is on new and revised maps in place of Zones A1-A30.)
(b) ZONE AO. Areas subject to inundation by 1% annual chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone. Mandatory flood insurance purchase requirements apply.
(c) ZONE AH. Areas subject to inundation by 1% annual chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone. Mandatory flood insurance purchase requirements apply.
(d) ZONE AR. Areas that result from the decertification of a previously accredited flood protection system that is determined to be in the process of being restored to provide base flood protection. Mandatory flood insurance purchase requirements apply.
(e) ZONE A99. Areas subject to inundation by the 1% annual chance flood event, but which will ultimately be protected upon completion of an under-construction Federal flood protection system. These are areas of special flood hazard where enough progress has been made on the construction of a protection system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. Zone A99 may only be used when the flood protection system has reached specified statutory progress toward completion. No base flood elevations or depths are shown. Mandatory flood insurance purchase requirements apply.
ACCESSORY STRUCTURE. A structure that is subordinate to and located on the same lot as the principal structure, and which does not change or alter the character of the premises and which is not used for human occupancy. ACCESSORY STRUCTURES include such items as satellite dishes, garages, sheds, decks and fences. The term accessory structure does not include a trailer, a portion of a box truck, or any other similar container.
ACCESSORY USE. A use customarily incidental and subordinate to the principal use and located on the same lot as the principal use. ACCESSORY USES shall not exist in the absence of a principal use.
ADDITION. Means any walled and roofed expansion to the perimeter of a structure in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and
roofed addition, which is connected by a firewall or is separated by independent perimeter load- bearing walls, shall be considered new construction.
ADULT BOOKSTORE. An establishment having as a preponderance of its stock or its dollar volume in trade, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT CABARET. A nightclub, bar, theatre, restaurant or similar establishment which features live performances of topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas and/or which regularly feature films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on specific sexual activities or by exposure of specified anatomical areas for observation by patrons.
ADULT DRIVE-IN THEATER. An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of, visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats in which a preponderance of the total presentation time is devoted to the showing of materials distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.
ADULT ENTERTAINMENT BUSINESS. An adult bookstore, adult motion picture theatre, adult mini motion picture theatre, adult motion picture arcade, adult cabaret, adult drive-in theater, adult live entertainment arcade or adult service establishment.
ADULT LIVE ENTERTAINMENT ARCADE. Any building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee to view from an enclosed or screened area or booth a series of like dance routines, strip performances or other gyrational choreography which performances are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas.
ADULT MINI MOTION PICTURE THEATER. Any building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee, with
a capacity of more than five but less than 50 persons, used for presenting films, motion pictures, video cassettes, slides or similar photographic reproductions in which a preponderance of the total presentation time is devoted to the showing of materials which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or by exposure of specifies anatomical areas for observation by patrons therein.
ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug;-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specifies anatomical areas.
ADULT MOTION PICTURE THEATER. Any building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee, with a capacity of 50 or mare persons used for presenting films, motion pictures, video cassettes, slides or similar photographic reproductions in which a preponderance of the total presentation time is devoted to showing of materials which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT SERVICE ESTABLISHMENT. Any building, premises, structure or other facility, or any part thereof, under common ownership or control, which provides a preponderance of services, involving specified sexual activities or display or specified anatomical areas.
AGRICULTURAL ACTIVITY. Any use of land or structures for farming, dairying, pasturage, agriculture, horticulture, floriculture, arboriculture, or animal or poultry husbandry. Accessory uses permitted in conjunction with an agricultural use may include bams stables, corncribs, silos, and any other use or structure that is clearly a part of an agricultural operation.
AREA. Area of a lot or site shall be calculated from dimensions derived by horizontal projection of the site.
AREA OF SHALLOW FLOODING. A designated AO or AH Zone on the community’s Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AUTOMOBILE DEALERSHIP. A car dealership or vehicle local distribution is a business that sells new cars and/or used cars at the retail level, based on a dealership contract with an automaker or its sales subsidiary. It employs automobile salespeople to do the selling, it may also provide maintenance services for cars, thus employing automobile mechanics, stock and sell spare automobile parts, and process warranty claims.
AUTOMOBILE MALL. A single location that provides sales space and centralized services for a number of automobile dealers and that may include such related services as auto insurance dealers and credit institutions that provide financing opportunities.
AUTOMOBILE SERVICE, MAJOR. The replacement of any part or general repair, rebuilding or reconditioning of engines, passenger cars, commercial vehicles or trailers, including body work, framework, welding and major painting service.
AUTOMOBILE SERVICE, MINOR. The service and maintenance of equipment and parts, including oil change and lubrication, muffler shops, tire sales and installation, wheel and brake shops, automobile detailing, or installation of CB radios, car stereos, or car alarms. The above stated applies to passenger vehicles, and is typically accomplished without keeping the vehicle overnight.
BASE FLOOD ELEVATION (BFE). The elevation of a 100-year flood event which is also referred to as the 1% annual chance flood.
BASEMENT. That portion of a structure having its floor sub-grade (below ground level) on all sides.
BOARD or BZA. The Board of Zoning Appeals established by this chapter.
BUILDING. See “STRUCTURE.”
CHURCH, MEGA. A large, specialized type of house of worship that includes such nontraditional accessory uses as retail sales, residential uses, amusement parks and/or sports and entertainment facilities, as an integrated part of the development with seating for 400 or more persons; or greater than 8,000 square feet of gross floor area.
CHURCH, NEIGHBORHOOD. A building wherein persons regularly assemble for religious worship and which is maintained and controlled by a non-profit religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose. Includes synagogues, temples, mosques, or other such places of worship and religious activities with seating for 400 or more persons; or greater than 8,000 square feet of gross floor area.
CLINIC. Any establishment where human patients are examined and treated by medical professionals but not hospitalized overnight.
CLUB. An establishment operated for special, recreational, or educational purposes but open only to members and not the general public.
CONTIGUOUS UNINCORPORATED AREA. That area including all or part of the area within two miles from the corporate limits of the city, and in the event that the corporate limits of the city or the boundaries of such contiguous unincorporated area include any part of the public waters or shore lines of any lake which lies wholly within the state, may also include all or any part of the public waters and shore line of such lake together with all or any part of an area within 2,500 feet from said shore line.
CONVENIENCE STORE, NEIGHBORHOOD. A retail store with a floor area of less than 2,500 square feet that sells groceries and household items, but does not have restaurant seating or gasoline sales. The term “neighborhood convenience store” includes the term “general store.”
CONVENIENCE STORE, REGIONAL. A retail store that sells groceries and household items, and which may also provide other convenience services such as restaurant, Laundromat or gasoline sales for class I or II commercial vehicles. Such uses are considered to be accessory uses and not a separate business. See also TRUCK STOP.
COVERAGE. That percentage of the lot area covered by principal and accessory use structures.
COMMUNITY RATING SYSTEM (CRS). A program developed by the Federal Insurance Administration to provide incentives for those communities in the regular program that have gone beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding.
CRITICAL FACILITY. A facility for which even a slight chance of flooding might be too great. CRITICAL FACILITIES include, but are not limited to, schools, nursing homes, hospitals,
police, fire, and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste.
DEVELOPMENT. Any man-made change to improve or unimproved real estate including but not limited to:
(a) Construction, reconstruction, or placement of a building or any addition to a structure;
(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 that 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.
(i) The term
DEVELOPMENT does not include activities such as the installation and maintenance of essential services, or the maintenance of existing buildings and facilities. Such building and facility maintenance could include painting, re-roofing; resurfacing roads; or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavating, or the construction of permanent buildings.
DWELLING, ATTACHED SINGLE-FAMILY. Single-family dwelling units attached by a common wall or walls, and legally platted so that each unit sits on an individual lot providing for fee simple ownership of each lot. This type of dwelling may or may not have additional common grounds owned by a homeowners association. A “townhouse” is one example of a attached single-family dwelling.
DWELLING, MULTI-FAMILY. A residential building for three or more families, with the number of families in residence not exceeding the number of dwelling units provided and built in conformance with the Indiana Adopted Uniform Building Code.
DWELLING, SINGLE-FAMILY. A detached residential dwelling unit other than a mobile home, designed for and occupied by one family only.
DWELLING, TWO-FAMILY. A detached residential building containing two dwelling units, designed for occupancy by not more than two families.
DWELLING UNIT. A structure or part of a structure designed and equipped exclusively for use as a living quarters by one family including provisions for living, sleeping, cooking, and eating. The term shall include but not be limited to mobile homes and manufactured homes, but shall not include recreational vehicles or travel trailers.
ELEVATED STRUCTURE. A non-basement structure built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, or columns (posts and piers).
ELEVATION CERTIFICATE. A certified statement that verifies a structure’s elevation information.
EMERGENCY PROGRAM. The first phase under which a community participates in the NFIP. It is intended to provide a first layer amount of insurance at subsidized rates on all insurable structures in that community before the effective date of the initial FIRM.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam, or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduit, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, street signs, and other similar equipment and accessories in connection therewith, reasonable necessary for the furnishing of adequate service by such public utilities for municipal or other governmental agencies or for the public health or general welfare, but not including buildings used or intended to be used for human habitation.
ESTABLISHMENT OF AN ADULT ENTERTAINMENT BUSINESS. Includes any of the following:
(a) The opening or commencement of any such business as a new business;
(b) The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined herein;
(c) The addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or
(d) The relocation of any such business.
FAMILY. A group of two or more people who reside together and who are related by birth, marriage, or adoption. The term FAMILY does not include a group occupying a boarding house, lodging house, club, fraternity or hotel.
FARMER’S MARKET. A public market at which farmers and other vendors sell produce and other agricultural products directly to consumers, typically not for longer than a day or two at a time. The phrase farmer’s market does not include roadside stands.
FBFM. An acronym for the Flood Boundary and Floodway Map, an official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated the areas of flood hazards and regulatory floodway.
FEMA. An acronym for the Federal Emergency Management Agency. This agency administers the National Flood Insurance Program. The agency reports directly to the President and is responsible for identifying and mitigating natural and man-made hazards.
FHBM. An acronym for the Flood Hazard Boundary Map, an official map of a community, issued by FEMA, where the boundaries of the areas of special flood hazard have been identified as Zone A.
FIRM. An acronym for the Flood Insurance Rate Map. an official map of a community, on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FIS. An acronym for the Flood Insurance Study, the official hydraulic and hydrologic report provided by FEMA. The report contains flood profiles, as well as the FIRM, FBFM (where applicable), and the water surface elevation of the base flood.
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, 100-YEAR. The flood that has a 1% chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter A is subject to the 1% annual chance flood. See “Regulatory Flood”.
FLOOD, 500-YEAR. The flood that has a 0.2% chance of being equaled or exceeded in any year.
FLOOD, ONE-PERCENT ANNUAL CHANCE. The flood that has a 1% chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter A is subject to the 1% annual chance flood. See “FLOOD, REGULATORY”.
FLOOD PROTECTION GRADE (FPG). Means the elevation of the regulatory flood plus two feet at any given location in the Special Flood Hazard Area (SFHA). See also FREEBOARD.
FLOOD, REGULATORY. The flood having a 1% chance of being equaled or exceeded in any given year, as calculated by a method and procedure that is acceptable to and approved by the Indiana Department of Natural Resources and the Federal Emergency Management Agency. The “Regulatory Flood” is also known by the term “Base Flood”, “One-Percent Annual Chance Flood”, and “100-Year Flood”.
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 fringe districts.
FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
FLOODPLAIN MANAGEMENT REGULATIONS. This chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other
applications of police power which control development in flood-prone areas. This term describes federal, state, or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage.
FLOODPLAIN MANAGEMENT REGULATIONS are also referred to as floodplain regulations, floodplain ordinance, flood damage prevention ordinance, and floodplain management requirements.
FLOODPROOFING CERTIFICATE. A form used to certify compliance for non-residential structures as an alternative to elevating structures to or above the FPG. This certification must be by a Registered Professional Engineer or Architect.
FLOODPROOFING (DRY FLOODPROOFING). A method of protecting a structure that ensures that the structure, together with attendant utilities and sanitary facilities, is watertight to the floodproofed design elevation with walls that are substantially impermeable to the passage of water. All structural components of these walls are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy, and anticipated debris impact forces.
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. That portion of the floodplain lying outside the floodway.
FOUNDATION SIDING (SKIRTING). A type of wainscoting construction of fire and weather resistant material, such as aluminum, asbestos board, treated pressed wood or other approved materials, enclosing the entire undercarriage of the manufactured or mobile home.
FREEBOARD. A factor of safety, usually expressed in feet above the BFE, which is applied for the purposes of floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights greater than those calculated for the base flood.
FUNCTIONALLY DEPENDENT FACILITY. A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manufacture, sales, or service facilities.
GASOLINE STATION. A facility used partly or entirely for storing or dispensing flammable liquids, combustible liquids, liquefied flammable gas, or flammable gas into the fuel tanks of motor vehicles. The term GASOLINE STATION does not include a facility in which automobiles are serviced.
GREENHOUSE, COMMERCIAL. A greenhouse used for the growing of plants, all or part of which are sold at wholesale.
GREENHOUSE, NON-COMMERCIAL. A greenhouse used for the growing of plants, all or part of which are sold at retail.
GROUP HOME. A single-family residence used as a living space for unrelated, developmentally disabled or mentally disabled persons.
HARDSHIP (as related to variance of this chapter). The exceptional hardship that would result from a failure to grant the requested variance. The Common Council requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a structure.
HISTORIC STRUCTURE. A structure that is individually listed on the National Register of Historic Places or the Indiana State Survey of Historic Architectural, Archaeological and Cultural Sites, Structures, Districts and Objects.
HOME OCCUPATION. An occupation carried on in a dwelling unit which is clearly incidental and secondary to the use of the building for dwelling purposes, and which does not change the character of the unit as a dwelling.
INCREASED COST OF COMPLIANCE (ICC). The cost to repair a substantially damaged structure that exceeds the minimal repair cost and that is required to bring a substantially damaged structure into compliance with the local flood damage prevention ordinance. Acceptable mitigation measures are elevation, relocation, demolition, or any combination thereof. All renewal and new business flood insurance policies with effective dates on or after June 1, 1997, will include ICC coverage.
INTEGRATED COMMERCIAL CENTER. A building containing a number of individual, unrelated and separately operated uses which share common site facilities and services such as driveway entrances and exits, parking areas, truck loading, maintenance, sewer and water utilities, or similar common facilities and services; or one or more buildings containing individual, unrelated and separately operated uses, occupying a site under one ownership or management for lease, and utilizing one or a combination of the aforementioned common site facilities or services.
JUNKYARD. 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 sorted.
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.
LETTER OF MAP REVISION BASED ON FILL (LOMR-F). An official revision by letter to an effective NFIP map. A LOMR-F provides FEMAs determination concerning whether a structure or parcel has been elevated on fill above the BFE and excluded from the SFHA.
LOT. A parcel of land occupied or capable of being occupied by one or more structures.
LOT, DEPTH. A mean horizontal distance between the front and rear lot lines.
LOT, MINIMUM AREA. The horizontally projected area of a lot computed exclusive of any portion of the right-of-way of any public thoroughfare.
LOT, WIDTH. The mean width measured at right angles to its depth.
LOT OF RECORD. Any lot which individually, or as a part of subdivision, has been recorded in the office of Recorder of Deeds of the county.
LOWEST ADJACENT GRADE. The lowest elevation, after completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure.
LOWEST FLOOR. Means the lowest of the following:
(a) The top of the lowest level of the structure;
(b) The top of the basement floor;
(c) The top of the garage floor, if the garage is the lowest level of the building;
(d) The top of the first floor or of a structure constructed with a crawl space, provided that the lowest point of the interior grade is at or above the BFE and construction meets requirements of (e)(1) below; or
(e) The top of the floor level of any enclosure, other than a basement, below an elevated structure where the walls of the enclosure provide any resistance to the flow of flood waters unless:
1. The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, by providing a minimum of two openings (in addition to doorways and windows) having a total net area of one square inch for every one square foot of enclosed area. The bottom of all such openings shall be no higher than one foot above grade; and
2. Such enclosed space shall be usable solely for the parking of vehicles and building access.
MAJOR SUBDIVISION. As prescribed by Chapter 152, as amended from time to time.
MINOR SUBDIVISION. As prescribed by the Crawfordsville Subdivision Control Ordinance, as amended from time to time.
MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle.”
MANUFACTURED HOME TYPE I. A structure transportable in one or more sections, which in the completed mode, is 23 feet or more in width at its narrowest dimension, when erected on site is 950 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein. It shall bear a label certifying it is built in compliance with the federal Manufactured Home Construction and Safety Act of 1974, which became effective June 15,1976. It shall be built after January 1,1981.
MANUFACTURED HOME TYPE II. A structure transportable in one or more sections, which, in the traveling mode, is eight feet or more in width at its narrowest dimension of 40 feet or more in length, or when erected on site, is 320 square feet, and which is built on a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. It shall bear a label certifying it is built in compliance with the federal Manufactured Home Construction and Safety Act of 1974, which became effective June 15,1976.
MANUFACTURED OR MOBILE HOME PARK OR SUBDIVISION. Any plot of ground upon which five or more mobile homes, are harbored for dwelling or sleeping purposes, regardless of whether or not a charge is made for such accommodation. In addition, mobile home parks must comply with all applicable state regulations.
MANUFACTURING, GENERAL. The manufacturing, processing, assembling, fabrication, or repairing of certain materials or products where no continuous process involved will produce noise, vibration, electrical disturbance, air pollution, water pollution, heat, glare, waste matter, odor or fire hazard which will disturb or endanger neighboring property and where all operations and storage may be in open areas.
MANUFACTURING, LIGHT. The manufacturing, processing, assembly, fabrication, or repairing of certain materials or products where no process involved will produce noise, vibration, electrical disturbance, air pollution, water pollution, heat, glare, waste matter, odor, fire hazard which will disturb or endanger neighboring property and where all operations and storage are entirely within enclosed buildings.
MAP AMENDMENT (as it relates to SFHA). A change to an effective NFIP map that results in the exclusion from the SFHA of an individual structure or a legally described parcel of land that has been inadvertently included in the SFHA (i.e., no alterations of topography have occurred since the date of the first NFIP map that showed the structure or parcel to be within the SFHA).
MAP PANEL NUMBER. The four-digit number followed by a letter suffix assigned by FEMA on a flood map. The first four digits represent the map panel, and the letter suffix represents the number of times the map panel has been revised. (The letter “A” is not used by FEMA, the letter “B” is the first revision.)
MARKET VALUE. The building value, excluding the land (as agreed to between a willing buyer and seller), as established by what the local real estate market will bear. MARKET VALUE can
be established by independent certified appraisal, replacement cost depreciated by age of building (actual cash value), or adjusted assessed values.
MASSAGE. Any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the human body with the hands or with the aid of any mechanical electrical apparatus, oils, powder, creams, lotions, ointments, or other such similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his behalf will pay money or give any other consideration or any gratuity therefore. However, massage as used in this chapter shall not apply to the activity of any person who is registered or licensed by the United States Government or any agency thereof, by the state or any other agency thereof, by Montgomery county or any agency thereof, by the city or any agency thereof, or registered or licensed by any statute or ordinance of the United States, the State of Indiana, Montgomery County, or the City of Crawfordsville, while such a person so registered or licensed is performing the services for which the registration or license was issued and during the period of time said registration or license is in effect.
MITIGATION. Sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects. The purpose of mitigation is two fold: to protect people and structures, and to minimize the cost of disaster response and recovery.
MOBILE HOME. Any vehicle more than 32 feet in length designed by the manufacturer or maker with hitch and undercarriage to permit its being used as a conveyance upon public streets and highways and so designed, constructed or reconstructed as will permit the vehicle to be used as a dwelling and not qualifying under the definition of manufactured home or recreational vehicle.
MODULAR HOME. A factory-built home that is constructed to meet state and local codes and does not have a chassis. Modular homes require on-site assembly and some on-site construction. They are assembled on foundation walls constructed on-site. For the purposes of administering and enforcing this chapter, MODULAR HOME does not mean “mobile home” or “manufactured home.”
MOVIE THEATER. A specialized theater for showing movies or motion pictures. The primary structural difference between a theater and a movie theater is the projection screen. However, many movie theaters can easily be adapted for stage performances and many stages have folding screens for movie projections. Although screen shapes are mostly rectangular, they come in a variety of shapes. This definition does not include an adult entertainment theater.
MOVIE THEATER, CINEPLEX. A complex structure with multiple movie theaters in which each theater is cable of showing movies in dependent of the others in the complex. Structurally, theaters in a multiplex are grouped in a manner that allows them to share box or ticket offices, parking facilities, lobby area, restrooms, concession stands, signs and marquee displays, and other service and maintenance facilities. This definition does not include an adult entertainment theater.
MOVIE THEATER, DRIVE-IN. An outdoor movie theater where patrons view movies or any other form of entertainment on a screen or stage from their vehicles. This definition does not include an adult entertainment theater.
NATIONAL FLOOD INSURANCE PROGRAM (NFIP). The federal program that makes flood insurance available to owners of property in participating communities nationwide through the cooperative efforts of the Federal Government and the private insurance industry.
NATIONAL GEODETIC VERTICAL DATUM OF 1929 (NGVD). As corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain.
NATURAL RESOURCES. The Indiana National Resources Commission.
NEW CONSTRUCTION. Any structure for which the “start of construction” commenced after the effective date of the city’s first floodplain ordinance.
NONCONFORMING STRUCTURE. A structure designed, converted, or adapted for a use prior to the adoption of provisions prohibiting such use in such location.
NONCONFORMING USE. Non-conforming use is any use or arrangement of land or structures legally existing at the time of enactment of this chapter or any of its amendments, which does not conform to the provisions of this chapter.
NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88). As adopted in 1993 is a vertical control datum used as a reference for establishing varying elevations within the floodplain.
OBSTRUCTION. An obstruction includes, but is not limited to the following: any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, canalization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water; or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
OCCUPIED SPACE. The total area of earth horizontally covered by the structure, excluding garages, patios and porches and other accessory structures.
ONE AND TWO FAMILY DWELLING CODE, INDIANA. The nationally recognized mandatory statewide building code prepared by the Council of American Building Officials, adopted by the Indiana Administrative Building Council as mandated through Public Law 360, Acts of 1971, and, which includes those supplements and amendments promulgated by the ABC.
OWNER. A person, firm, association, syndicate, partnership, corporation, or any other legal entity recorded as such on official records and including a duly authorized agent or notary, a purchaser, a devisee, judiciary, and person having a vested or contingent interest in the property in question as long as written proof of such can be produced upon request.
PARTICIPATING COMMUNITY. Any community that voluntarily elects to participate in the NFIP by adopting and enforcing floodplain management regulations that are consistent with the standards of the NFIP.
PERMANENT FOUNDATION. Any 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 and meeting all other requirements of the One and Two Family Dwelling Code and/or Uniform Building Code of the state.
PERMANENT PERIMETER ENCLOSURE. A permanent perimeter structural system completely enclosing the space between the floor joist of the home and the ground.
PERSONAL SERVICES. Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, valet service, watch repairing, barber shop, beauty parlors, tanning and nail salons, tattooing and body piercing and other such related activities.
PHYSICAL MAP REVISION (PMR). An official republication of a community’s FEMA map to effect changes to base (1% annual chance) flood elevations, floodplain boundary delineations, regulatory floodways, and planimetric features. Planimetric refers to spatial data that shows the horizontal features of the terrain without the use of topographic or relief data. These changes typically occur as a result of structural works or improvements, annexations resulting in additional flood hazard areas, or correction to base flood elevations or SFHAs.
PLANNED UNIT DEVELOPMENT. An area under single ownership or control to be developed in conformance with an approved PUD master plan and governed by a PUD Ordinance. A PUD master plan consists of a map showing the development area and all improvements to the development area, and any other exhibits. The PUD ordinance consists of text which sets forth the uses and the development standards to be met. The uses and standards expressed in the PUD ordinance constitute the use and development regulations for the Planned Unit Development site in lieu of the regulations for the underlying district.
POST-FIRM CONSTRUCTION. Construction or substantial improvement that started on or after the effective date of the initial FIRM of the city or after December 31,1974, whichever is later.
PRE-FIRM CONSTRUCTION. Construction or substantial improvement, which started on or before December 31, 1974, or before the effective date of the initial FIRM of the city, whichever is later.
PUBLIC SAFETY AND NUISANCE. Anything which is injurious to the safety or health of an entire community, neighborhood or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.
RECONSTRUCTION. The rebuilding of a structure in such a manner and to such an extent as to substantially replace the existing structure.
RECREATIONAL VEHICLE. A portable or self-propelled vehicular structure designed as a temporary dwelling for travel and vacation uses only which conforms to either (a) or (b) below:
(a) Is identified on the unit by the manufacturer as a recreational vehicle and is not more than the statutory body width for highway purposes as determined by the Bureau of Motor Vehicles and does not exceed 32 feet in length; or
(b) Is a structure mounted on an automobile or truck and designed to be used for sleeping or temporary habitation.
RECYCLABLE MATERIALS. Recyclable materials includes, but is not limited to, metal, glass, plastic, wood and paper that is intended for remanufacturing or reconstitution. RECYCLABLE MATERIALS shall not include junk, rubbish, or hazardous waste.
RECYCLING FACILITY. An accessory use, structure, or enclosed area, not located within the public right-of-way that serves as a neighborhood drop-off point for temporary storage of recyclable materials. A RECYCLING FACILITY may also include a facility for the temporary collection of used clothing and household goods. For the purposes of administering and enforcing this chapter, the term RECYCLING FACILITY is synonymous with the term “recycling collection point.”
RECYCLING PLAN. A structure or site, in which source-separated recoverable materials, such as newspapers, glassware, and metal cans are collected, stored, flattened, crushed, or bundled prior to shipment to others who will use those materials to manufacture products. Storage of said materials on-site may include the use of bins, hoppers or trailers typically used for shipment.
REGULAR PROGRAM. The phase of the community’s participation in the NFIP where more comprehensive floodplain management requirements are imposed and higher amounts of insurance are available based upon risk zones and elevations determined in a FIS.
REHABILITATION. The repair, preservation, and/or improvement of a substandard structure.
REPETITIVE LOSS. Flood-related damages sustained by a structure on two separate occasions during a ten-year period ending on the date of the event for which the second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25% of the market value of the structure at the time of each such flood event.
ROADSIDE STAND. Roadside stands allow producers to sell directly to consumers by setting up a temporary structure along a roadside or in an off-street parking lot. The phrase ROADSIDE STAND does not include a farmer’s market, festival, or fund-raising event.
SECTION 1316. That section of the National Flood Insurance Act of 1968, as amended, which states that no new flood insurance coverage shall be provided for any property that the Administrator finds has been declared by a duly constituted state or local zoning authority or other authorized public body to be in violation of state or local laws, regulations, or ordinances that intended to discourage or otherwise restrict land development or occupancy in flood-prone areas.
SERVICES INVOLVING SPECIFIED SEXUAL ACTIVITIES OR DISPLAY OF SPECIFIED ANATOMICAL AREAS. As used in the definition of “adult service establishment”, means and includes any combination of two or more of the following activities:
(a) The sale or display of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas;
(b) The presentation of films, motion pictures, video cassettes, slides, or similar photographic reproductions, which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons;
(c) The operation of coin or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors or other image producing devices to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas;
(d) Live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specifies sexual activities or specified anatomical areas; and
(e) The operation of a any establishment having a source of income or compensation derived from the practice of massage as herein defined and which has a fixed place of business where any person, firm, association, or corporation engages in, or carries on any of the activities as defined in a massage.
SIGN. Any structure, fixture, placard, announcement, declaration, device, demonstration, or insignia used for direction, information, identification or to advertise or promote any business, product, good, activity, service or interest.
SIGN, AWNING. A building identification sign or graphic which is printed on or in some fashion is attached directly to the material of the awning.
SIGN, BUSINESS. A sign which directs attention to a business service, commodity, profession, or entertainment which is sold or offered upon the same premises where the sign is located.
SIGN, CHANGEABLE COPY. A sign or portion thereof which has a reader board for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects which may be changed or rearranged manually or mechanically with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. Changeable copy signs shall display a static message rather than a message that imitates movement. See also “SIGN, ELECTRONIC CHANGEABLE COPY.”
SIGN, CONSTRUCTION. A temporary sign, which identifies the construction activity on a property and announces the project, owner or developer, contractor, subcontractor, architect, engineer, funding source, or other related information as deemed appropriate by the Planning Director. CONSTRUCTION SIGNS are void of advertisements for products, announcements for the character of the building enterprise, or the purpose for which the building is intended.
SIGN, DIRECTIONAL. Any incidental sign, which serves solely to designate the location or direction of any place or area located on the same lot.
SIGN, ELECTRONIC CHANGEABLE COPY. A sign or portion thereof that displays electronic information in which each alphanumeric character, graphic, or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LED’s), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable copy
signs include computer programmable, microprocessor controlled electronic displays. Electronic changeable copy signs include projected images or messages with these characteristics onto building or other objects.
SIGN, IDENTIFICATION. Any sign which is limited to the name, address and number of a building, institutions or person and to the activity carried on in the building or institution, or the occupancy of the person.
SIGN, INCIDENTAL. A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as “no parking,” “entrance,” loading only,” and similar directives.
SIGN, INSTITUTIONAL. Signs for schools, colleges, hospitals, churches, or other institutions of similar public or semi-public nature.
SIGN, OFF-PREMISE. An advertising sign which directs attention to any business, profession, product, activity, commodity or service that is offered, sold, or manufactured on property or premises other than that upon which the sign is located. Also known as an outdoor advertising sign. While located off-site, social and charitable organizations are excluded from this definition.
SIGN, POLE. Any freestanding sign which has its supportive structures anchored in the ground and which has the lowest portion of its sign display surface elevated above grade level.
SIGN, PORTABLE. Any sign or sign structure not securely attached to the ground or other permanent structure, or a sign designed to be transported from place to place. Portable signs include, but are not limited to: signs transported by means of wheels; a sign attached to A- or T- frames; menu and sandwich board signs; balloons; umbrellas; and signs attached to or painted on a vehicle parked and visible from the public right-of-way. Vehicles with signs that are attached or painted on that are used in the normal day-to-day operation of the business they are advertising are hereby excluded.
SIGN, UNIFIED CENTER. A single sign structure with one or more sign faces indicating the presence of multiple tenants on a property being constructed or managed as a single development. Such developments include, but are not limited to: shopping centers, office parks, and industrial parks.
SIGN, WALL-MOUNTED. Any sign attached to or erected on a wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the wall.
SIGN, WINDOW. Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window.
SPECIAL EXCEPTION USE. The authorization of a use that is so designated as being permitted in the district concerned if it meets special conditions, and upon application, is specifically authorized by the Board of Zoning Appeals.
SPECIAL FLOOD HAZARD AREA (SFHA). Those lands within the jurisdictions of the city subject to inundation by the regulatory flood. The SFHAs of the city generally identified as such on the Flood Insurance Rate Map of the city dated February 1,1994, as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date. The SFHAs of those parts of unincorporated Montgomery County that are within the extraterritorial jurisdiction of the city or that may be annexed into the city are generally identified as such on the Flood Insurance Rate Map prepared for Montgomery County by the Federal Emergency Management Agency and dated, June 1,1988 as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date. (These areas are shown on a FHBM or FIRM as Zone A, AE, A1- A30, AH, AR, A99, or AO).
SPECIFIED ANATOMICAL AREA. Means and includes any of the following:
(a) Less than completely and opaquely covered human genitals, pubic region, buttocks or female breasts below a point immediately above the top of the areola; or
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Means and includes any of the following:
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Acts of human masturbation, sexual intercourse or sodomy.
(c) Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts;
(d) Flagellation or torture in the context of a sexual relationship;
(e) Masochism, erotic or sexually oriented torture, beating or the infliction of pain;
(f) Erotic touching, fondling or other such contact with an animal by a human being; or
(g) Human excretion, urination, menstruation, vaginal or anal irrigation as part of or in connection with any of the activities set forth in divisions (a) through (f) above.
START OF CONSTRUCTION. Start of construction means substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement or permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footing, installation of piles, construction of columns, or any work beyond the stage of excavation for placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does ft include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For substantial improvement, the actual start of construction means the
first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE. Anything constructed or erected with a fixed location, or attached to something having a fixed location. Among other things, structures may include, but are not limited to buildings, mobile homes, walls, fences, swimming pools, signs and towers. Also, any building designed or intended for the support, enclosure, shelter, or protection of persons, animals, or personal property of any kind. The term also includes recreational vehicles to be installed on a site for more than 180 days.
STRUCTURE, PRINCIPAL. A building in which the main or primary use of the lot is conducted and on which said building is situated.
SUBSTANTIAL DAMAGE. Damage of any origin sustained by a building whereby the cost of restoring the building to its before-damaged condition would equal or exceed 50% of the market value of the building before the damage occurred.
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 that have incurred “repetitive loss” or “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”.
SUPPLY YARDS. A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods. SUPPLY YARDS do not include the wrecking, salvaging, dismantling, or storage of automobiles and similar vehicles.
SUSPENSION. The removal of a participating community from the NFIP because the community has not enacted and/or enforced the proper floodplain management regulations required for participation in the NFIP.
SWIMMING POOL. Has the meaning set forth in 675 I.A.C. 20-1.1-18(s), as same may be amended from time to time. The term does not include wading pools, “kiddie” pools, or inflatable pools not exceeding two feet in depth.
TEMPORARY SIGN. An on-premises advertising device not fixed to a permanent foundation, for the purpose of conveying information, knowledge, or ideas to the public about a subject related to the activities on the premises upon which it is located. TEMPORARY SIGNS include, but are not limited to, banners and portable signs.
TEMPORARY/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 building or shed.
TEMPORARY STRUCTURE. A structure without any foundation or footings and which is removed when the designated time period, activity or use for which the temporary structure was erected has ceased.
TEMPORARY USE. A prospective use, intended for limited duration, to be located in a zoning district not permitting such use, and not continuing a nonconforming use or building.
VARIANCE, DEVELOPMENT STANDARDS. A development standards variance involves a deviation or change from the development standards (such as height, bulk, or area) applicable to a certain piece of property.
VARIANCE, USE. A use variance involves a deviation or change from the legislated zoning classification applicable to a certain piece of property.
WATERCOURSE. A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. WATERCOURSE includes specifically designated areas in which substantial flood damage may occur.
WATER SURFACE ELEVATION. Water surface elevation means the height, in relation to the North American Vertical Datum of 1988 (NAVD 88), or National Geodetic Vertical Datum of 1929 (NGVD) (other datum where specified) of floods of various magnitudes and frequencies in the floodplains of riverine areas.
X ZONE. The area where the flood hazard is less than that in the SFHA. Shaded X zones shown on recent FIRMs (B zones on older FIRMs) designate areas subject to inundation by the flood with a 0.2% chance of being equaled or exceeded (the 500-year flood). Unshaded X ZONES (C zones on older FIRMs) designate areas where the annual exceedance probability of flooding is less than 0.2%.
YARD. An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward.
YARD, FRONT. A yard across the full width of the lot extending from the front line of the principal structure to the front of the lot. Any yard having frontage on a public or private street shall be considered a front yard.
YARD, REAR. A yard extending the full width of the lot between a principal structure and the rear lot line or lines.
YARD, SIDE. A yard between the principal structure and side lot line, and extending from the front yard line of said building to the rear line of said building.
ZONE. A geographical area shown on a FHBM or FIRM that reflects the severity or type of flooding in the area.
ZONE A. See A ZONE.
ZONE B, C, AND X. Areas identified in the community as areas of moderate or minimal hazard from the principal source of flood in the area. However, buildings in these zones could be flooded by severe, concentrated rainfall coupled with inadequate local drainage systems. Flood insurance is available in participating communities but is not required by regulation in these zones. (Zone X is used on new and revised maps in place of Zones B and C.)
(Ord. 4-2009, passed 3-9-09; Am Ord. 7-2011, passed 3-14-11; Am. Ord. 8-2011, passed 4-11-11)