For the purposes of this Ordinance, certain terms or words used herein shall be interpreted as follows:
The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
The word “shall” is mandatory, the word “may” is permissive.
The words “used” or “occupied” include the words “intended”, “designed”, or “arranged to be used or occupied”.
a. Abandonment. The relinquishment of property or a cessation of the use of the property, by the owner with the intention neither of transferring rights to the property owner nor of resuming the use of the property.
b. Abut or Adjacent. To share a common wall or lot line without being separated by a street or alley.
c. Accessory Building. A subordinate structure, such as a garage, storage shed, or barn, the use of which is incidental to that of the dominant use of the principal building or land.
d. Accessibility Ramp. A ramp or similar structure that provides wheelchair or similar access to a structure.
e. Accessory Use. A use on the same lot as the principal use and subordinate to the principal use of the land or structure thereon.
f. Addition/Enlargement. Construction that increases the size of a structure in terms of building footprint, height, or floor area.
g. Administrator. The officer appointed by and/or delegated the responsibility for the administration of these regulations by the Planning Commission. This term includes, those planning staff members working under the direction of the Administrator in the exercise of his/her responsibilities in regard to the processing of these Subdivision Regulations.
h. Adjacent Property Owners. Those parties who are the owners of properties adjoining or adjacent to the proposed subdivision as shown on the sketch plan.
i. Adult Use. Adult use includes:
1. Adult retail where the following are sold: publications, photographs, films, or other video reproductions, or visual representations that depict or described specified sexual activities or specified anatomical areas, or devices or paraphernalia designed for use in connection with specified sexual activities; and
2. Adult entertainment where a business features dances, go-go dancers, exotic dancers or similar entertainers, or live entertainment, in which persons regularly appear in a state of nudity, or where live performances are characterized by the exposure of specified anatomical areas or by specified sexual activities. Adult use establishments specifically exclude minors, or minors are specifically prohibited by statute or ordinance, regardless of whether any such business is licensed to sell alcoholic beverages. Any adult use must be a minimum of one thousand (1,000) feet from any residential use, place of worship, educational facility, or day care center.
j. Alley. A public or private vehicular right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
k. Animal Care Facility. A business which provides care for domestic animals, including veterinary offices for the treatment of animals, where animals are boarded during the day or for overnight stays.
l. Annexation. The incorporation of a land area into an existing community with a resulting change in the boundaries of that community.
m. Antique Shop. A retail establishment engaged in the sale of goods and merchandise, the majority of which are older than fifty (50) years, have value as collectibles, and are not intended for everyday use or wear.
n. Applicant. The owner of land proposed to be subdivided or his agent or his legal representative.
o. Art Gallery. A business engaged in the sale, loan and/or display of paintings, sculpture, photographs, video art, or other works of art. Art gallery does not include a cultural facility, such as a library or museum, which may also display paintings, sculpture, photographs, video art, or other works.
p. Art and Fitness Studio. A business where an art, type of art or activity is taught, studied, or practiced such as dance, martial arts, photography, music, painting, palates, or yoga. An art and fitness studio also includes private exercise studios that are only open for private sessions with trainers and/or classes, but does not include health clubs.
q. Arbor. A freestanding structure to support vines or trained climbing plants.
r. Auction House. An establishment that offers for public sale goods, wares, and merchandise to the highest bidder.
s. Automatic Teller Machine, Exterior (ATM). An automated structure providing limited banking services without personal attendants.
t. Awning. A roof like structure typically made of cloth, metal, or other material attached to a frame that extends from and is supported by a building. Awnings are typically erected over a window, doorway, or building front and they may be raised or retracted to a position adjacent to the building.
u. Balcony. A roofed or unroofed platform that projects from the exterior wall of a structure above the ground floor, which is exposed to the open air, has direct access to the interior of the building, and is not supported by posts or columns extending to the ground.
v. Bay Window. A window that projects outward from the structure, which does not rest on the building foundation or on the ground.
w. Bed and Breakfast. A single-family residential dwelling where a resident/owner, who lives on the premises, provides lodging for a daily fee in guest rooms with no in-room cooking facilities and prepares meals for guests. A bed and breakfast may include dining facilities. A bed and breakfast is a principal use of a single-family dwelling and does not include transient vacation rentals or any other type of short-term rental.
x. Berm. An earthen mound designed to provide visual interest on a site, screen undesirable views, reduce noise, or fulfill other similar purposes.
y. Billboard. A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.
z. Blank Wall Area. Any portion of an exterior wall facing a street that does not contain doors or windows, columns, pilasters or other articulation representing a projection or recess of at least six (6) inches, or a significant change in building materials or texture of building materials, which is calculated horizontally along the building facade.
aa. Block. A tract of land bounded by streets, or by a combination of streets and public parks, cemetery, railroad rights- of-way, shorelines of waterways, or boundary lines of municipalities.
bb. Bond. Any form of security including a cash deposit, surety bond, collateral, property, or instrumental credit in an amount and form satisfactory to the Town Council. All bonds must be approved by the Town Council wherever a bond is required by these regulations.
cc. Body Modification Establishment. A business that offers tattooing services, body piercing, and/or non-medical body modification. Body modification establishment does not include an establishment that offers only ear piercing as an ancillary service.
dd. Brewpub. A restaurant-based establishment where beer is manufactured and stored on the licensed premises and sold at retail from storage tanks to non-licensees, and sold in packages to importing distributors, distributors, and non-licensees in accordance with the brewpub license. The brewing capacity is limited to less than six thousand (6,000) barrels per year. (See “micro-brewery” for brewing capacity in excess of six thousand (6,000) barrels per year.)
ee. Broadcasting Facility - TV/Radio. A facility engaged in broadcasting and information relay services for radio and television signals. A broadcasting facility may or may not include antennas to broadcast the signal.
ff. Buffer. Land area with landscape plantings and other components used to visibly separate one use from another and/or to shield or block noise, lights, or other nuisances.
gg. Buildable Area. The space remaining on a lot after the minimum setback and maximum building coverage requirements are met.
hh. Building. Any structure built for the enclosure, protection, shelter of persons, animals, or property of any kind and which is permanently affixed to the ground.
ii. Building Code. That Town ordinance or group of ordinances establishing and controlling the standards for constructing buildings, utilities, mechanical equipment and all forms of structures and permanent installations and related matters, within the Town. Also referred to herein as the Dyer Building Code.
jj. Bulk. A term used to describe the size and relationships of structures as to area, height, coverage, and shape, location of exterior walls in relation to lot lines, the centerline of streets, other walls of the same structure and to other structures, and to all open spaces relating to the structure.
kk. Business. An occupation, employment, or enterprise that occupies time, attention, labor and materials, where merchandise is exhibited or sold, or where services are offered.
ll. Business Service Center. An establishment that provides support services to businesses and the public that includes services such as delivery and/or receipt of packages, copying of documents, including self-service copy machines, computer access for a fee, faxing, and sales of office supplies.
mm. Building Inspector. That official of local government authorized to issue building permits.
nn. Building Permit. A certificate issued by the Building Inspector of a governing body permitting a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure within its jurisdiction, or cause the same to be done.
oo. Capital Improvements Program. A proposed schedule of all future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditure of public funds, over and above the annual local government's operating expenses for the purchase, construction or replacement of the more durable, longer lived physical assets for the community are included.
pp. Central Sewer System. A community sewer system including collection and treatment facilities established by the developer to serve a new subdivision or an existing sewer system.
qq. Central Water Systems. A community water supply system including existing and new wells and/or surface water sources and intakes, treatment facilities, and distribution lines and includes such of the above facilities established by the developer to serve a new subdivision.
rr. Certificate. The signed and attested document which indicates that a subdivision has been granted secondary approval by the Commission subsequent to proper public notice of its hearing.
ss. Commission. The Dyer Plan Commission.
tt. Commission Attorney. The licensed attorney designated by the Dyer Town Council to furnish legal assistance for the administration of this ordinance or as provided by statute.
uu. Comprehensive Plan. Inclusive physical, social and economic plans and policies in graphic and verbal statement forms for the development of the Town, prepared and adopted by the Commission and Town Council, pursuant to the State Acts, and including any part of such plan and/or policies separately adopted and any amendment to such plan and/or policies, or parts thereof.
vv. Car-share Facility. A car-share facility is a membership-based car-sharing service that provides automobile rental to members, billable by the hour or day, and is not considered a vehicle rental establishment.
ww. Car Wash. A business for the washing and cleaning of passenger vehicles, recreational vehicles or other light duty equipment, whether automatic, by hand, or self-service.
xx. Carport. An open-sided roofed vehicle shelter, usually formed by extension of the roof from the side of a building but may be freestanding.
yy. Children's Home. A residential facility that provides both long-term residence for and short-term care and services to children up to eighteen (18) years of age, who have experienced abuse, neglect, violence, abandonment, and/or are in need of supervised care. A children's home includes counseling for children within the facility and for parents and children not residing at the facility, and offices for the administration of the facility and its associated programs. It may also include day care services as an ancillary function. Children's homes must be appropriately licensed by the State of Indiana.
zz. Chimney. A vertical shaft of reinforced concrete, masonry or other approved material enclosing one or more flues, for the purpose of removing products of combustion from solid, liquid, or gaseous fuel.
aaa. Coach House. An additional dwelling unit located within a detached garage on the upper floor that is associated with, and incidental to, the principal single-family dwelling on the same lot. A coach house includes separate cooking and sanitary facilities, with its own means of ingress and egress.
bbb. Construction Plan(s). The preliminary and/or final drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed for the subdivision in accordance with the requirements of this ordinance as a condition of the approval of the plat.
ccc. Community Center. A facility used as a place of meeting, recreation, or social activity, that is open to the public and is not operated for profit, and offers a variety of educational and community service activities.
ddd. Community Garden. The cultivation of fruits, flowers, vegetables, or ornamental plants by one or more persons or family. Community gardens do not include the keeping of any animals, bees, or aquaculture, or the use of heavy machinery.
eee. Community Residence. A residence licensed, certified, or accredited for specialized residential care home by the appropriate state or federal agencies, that functions as a single housekeeping unit for the housing of unrelated persons with functional disabilities who share responsibilities, meals, recreation, social activities, and other aspects of residential living. The use matrix in Table 8-1 distinguishes sizes of community residents by number of residents; this number includes any caretakers that live on-site.
fff. Condominium. The division of building(s) and the related land into horizontal property interests meeting the requirements of and controlled by Indiana statutes for condominiums as prescribed by I.C. 32-1-6-1 through 31.
ggg. Consignment Shop. An establishment where personal items, such as clothes, jewelry, or artifacts, or small furniture are resold through a broker for the owner at an agreed-upon price.
hhh. Craft Brew Lounge. An establishment that serves craft beer. Craft beer is defined as a beer from a craft brewery that:
1. Produces less than fifteen thousand (15,000) barrels of beer annually or four hundred sixty-five thousand (465,000) gallons; and
2. Produces a significant volume of either malt beers or beers that use adjuncts to enhance, rather than to lighten, flavor.
iii. Cross-Access. A vehicular and/or pedestrian connection between abutting properties in different ownership that connects the two (2) sites and allows vehicles and/or pedestrians to travel between sites without the having to exit to the street.
jjj. Cul-de-Sac. A local street with only one (1) outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement including public safety vehicles.
kkk. Cultural Facility. A facility open to the public that provides access to cultural exhibits and activities including, but not limited to, museums, cultural centers, non-commercial galleries, historical societies, and libraries. A cultural facility may include retail sales of related items and restaurants as ancillary uses.
lll. Cutoff. The point at which all light rays emitted by a lamp, light source or luminaire are generally eliminated (cutoff) at a specific angle above the ground, acknowledging that some light trespass may occur.
mmm. Day Care Center. A state licensed facility operated by any person, group of persons, agency, association or organization, where care, protection, and supervision is provided for children or well, ambulatory, or semi-ambulatory (non-bedridden) adults for less than twenty- four (24) hours per day.
nnn. Day Care Home. A state licensed facility operated in a dwelling where a permanent occupant of the dwelling provides for the care, protection, and supervision of a maximum of eight (8) clients, at any one time, apart from their parents or legal guardian, for less than twenty-four (24) hours per day. Clients are defined as children under twelve (12) and include the permanent occupant's natural, foster, or adopted children.
ooo. Dead-End Street. A street or a portion of a street with only one (1) vehicular traffic outlet, and no turnaround at the terminal end.
ppp. Deck. A roofless outdoor space built as an aboveground platform projecting from the wall of a structure and connected by structural supports at grade or by the structure.
qqq. Developer. The owner of land proposed to be subdivided or one who is hired by the owner to subdivide or develop the land. Consent for making applications for development approval is required from the legal owner of the premises.
rrr. Drip Line. A vertical line extending from the outmost edge of the tree canopy or shrub branch to the ground.
sss. Drive-Through Facility. A portion of a business where business is transacted directly with customers via a service window that allows customers to remain in their vehicle.
ttt. Drives, Private. Vehicular streets and driveways, paved or unpaved, which are wholly within private property, except where they intersect with other streets within public rights-of-way.
uuu. Dwelling. A structure, or portion thereof, designed or used exclusively for human habitation, including single-family dwellings (detached and attached), two-family dwellings, townhouse dwellings, and multi-family dwellings, but excluding mobile homes and hotels/motels.
vvv. Dwelling - Above the Ground Floor. Dwelling units located above ground-floor non-residential uses or behind ground-floor non-residential uses. In the case of dwelling units located behind ground-floor non- residential uses, the residential uses cannot be located along the primary street frontage.
www. Dwelling - Multi-Family. A structure containing three (3) or more dwelling units used for residential occupancy not designed as a townhouse dwelling as defined in this section.
xxx. Dwelling - Single-Family. A structure containing only one (1) dwelling unit.
yyy. Dwelling - Two-Family. A structure containing two (2) dwelling units, each with a separate entrance.
zzz. Dwelling - Townhouse or Rowhouse. A structure consisting of three (3) or more dwelling units, which are connected by party walls. A townhouse or rowhouse is designed with no other dwelling or portion of other dwelling, directly above or below, where each unit has a separate exterior entrance and direct ground level access to the outdoors with no opening between units. The dwelling does not include two-family or multifamily dwellings and is also referred to as single family attached dwelling.
aaaa. Easement. An authorization grant by a property owner for the use by another of any designed part of his property for a clearly specified purpose(s).
bbbb. Eave. The projecting lower edges of a roof overhanging the wall of a structure.
cccc. Educational Facility - Primary or Secondary. A public, private, or parochial facility that offers instruction at the preschool, elementary, junior high, and/or high school levels.
dddd. Educational Facility - University. A facility for post-secondary higher learning that grants associate or bachelor degrees. The institution may also have research facilities and/or professional schools that grant master and doctoral degrees. Educational facilities - university include ancillary uses such as dormitories, cafeterias, restaurants, retail sales of educational supplies, and similar uses.
eeee. Educational Facility - Vocational. A facility that offers instruction in industrial, clerical, computer, managerial, automotive, repair (electrical, plumbing, carpentry, etc.), or commercial skills, or a business conducted as a commercial enterprise, such as a driving school or school for general educational development. Educational facility - vocational also applies to privately operated schools that do not offer a complete educational curriculum.
ffff. Encroachment. The extension or placement of any structure, or a component of such, into a required setback.
gggg. Engineer (Design). Professional engineer hired by a developer/private party for the purposes of designing a particular project.
hhhh. Engineer (Town). Professional engineer or engineering firm employed by the Town of Dyer either as a Town employee or as a consulting engineer.
iiii. Escrow. A deposit of cash with the Town Council and held by the Clerk-Treasurer in lieu of an amount required and still in force on a performance or maintenance bond.
jjjj. Final Plat. The map, drawing or plan described in this ordinance of a subdivision and any accompanying material submitted to the Commission for secondary approval, and which, if approved and signed by the designated officials, may be submitted to the County Recorder for recording.
kkkk. Exterior Stairwell. One or more flights of stairs, and the necessary landings and platforms connecting them, to form a continuous passage from the entry way of a floor or level to another, located on the exterior of a principal building.
llll. Farmers' Market. A temporary use of land and/or structures for the sale of a variety of fresh fruits and vegetables, and other locally produced farm and food products directly to consumers from two (2) or more farmers or vendors that have taken such items on consignment for retail sale.
mmmm. Fence. A structure used as a boundary, screen, separation, means of privacy, protection or confinement, and is constructed of wood, plastic, metal, masonry, and similar materials and is used as a barrier and/or boundary.
nnnn. Fence - Open. A fence that has, over its entirety, fifty percent (50%) or more of the superficial surface consisting of regularly distributed openings.
oooo. Fence - Solid. A fence that has, over its entirety, no distributed openings. A shadowbox design fence is considered a solid fence. A chain link fence with slats is not considered a solid fence.
pppp. Financial Institution. A bank, savings and loan, credit union, or mortgage office. Financial institutions do not include currency exchanges and pay day loan establishments that exchange common currencies, sell money orders, issue cashier's checks, and cash checks as its principal business activity, or provide loans to individuals in exchange for receiving personal checks or the original title to the borrower's motor vehicle as collateral respectively.
qqqq. Flood or Spot Light. Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.
rrrr. Flood Hazard Areas. Those flood plains which have not been adequately protected from flooding by the Regulatory Flood by means of dikes, levees, or reservoirs, and are shown on the Floodway-Flood Boundary Maps of the Federal Insurance Administration or maps provided to the Commission from the Indiana Department of Natural Resources.
ssss. Flood Plains. The area adjoining the river or stream which has been or may hereafter be covered by flood water from the Regulatory Flood.
tttt. Flood Protection Grade. The elevation of the lowest point around the perimeter of a building at which flood waters may enter the interior of the building.
uuuu. Floodway Fringe. Those portions of the flood hazard areas lying outside the floodway, shown on the Floodway-Flood Boundary Maps of the Federal Insurance Administration.
vvvv. Foundations. The supporting member of a wall or structure.
wwww. Funeral Home. An establishment that prepares the dead for burial display and for rituals before burial or cremation, including chapels for the display of the deceased and the conducting of rituals before burial or cremation, and crematoriums.
xxxx. Garage. A structure, either attached or detached, used for the parking and storage of motor vehicles by a resident.
yyyy. Gas Station. A business where fuel for vehicles are stored and dispersed from fixed equipment into the fuel tanks of motor vehicles. This may also include ancillary retail uses, one automatic car wash facility (one stall), and solar and/or electric charging stations.
zzzz. Gazebo. A freestanding outdoor structure designed for recreational use and not for habitation.
aaaaa. Glare. Light emitting from a luminaire with an intensity great enough to reduce a viewers' ability to see, cause discomfort, and, in extreme cases, cause momentary blindness.
bbbbb. Grading. The reshaping of natural land contours, using natural land materials such as soil, gravel, sand, black dirt, etc., for the purpose of eliminating erosion or sedimentation problems, creating or improving surface drainage, providing for the natural aesthetic contouring of property, or to accommodate a building plan by making minor changes in land elevation.
ccccc. Green Roof. An assembly of interacting components designed to waterproof and normally insulate a building's top surface that includes, by design, vegetation and related landscaping elements.
ddddd. Greenhouse/Nursery. A business where flowers, shrubbery, vegetables, trees, and other horticultural and floricultural products are grown and sold, and may include gardening and landscape supplies and products, such as hardware, garden tools and utensils, and paving stone and bricks.
eeeee. Greenhouse (Accessory). A structure constructed chiefly of glass, glasslike or translucent material, cloth, or lath, which is devoted to the protection or cultivation of flowers or other tender plants.
fffff. Ground Floor. The story closest to and above grade along the street.
ggggg. Governing Body. The Dyer Town Council.
hhhhh. Health Club. An establishment that provides health and fitness facilities such as running, jogging, aerobics, weight lifting, court sports, and swimming, and may include ancillary facilities such as locker rooms, showers, massage rooms, saunas, sales of related health equipment and clothing, juice bars, and other related uses.
iiiii. Health Department and Health Officer. The agency and person designated by the County to administer the health regulations within the County's jurisdiction.
jjjjj. Heavy Retail and Rental. Retail and/or rental establishments that typically have permanent outdoor storage areas, and/or partially enclosed structures including, but not limited to, large-scale home improvement centers, industrial supply stores, and lumberyards. Heavy retail and rental establishments may include ancillary service uses, such as equipment repair, as part of the principal retail and rental use.
kkkkk. Hedge. A row of closely planted shrubs, bushes, or any kind of plant forming a boundary.
lllll. Helipad. An area of land or portion of a structure used for the landing and take-off of helicopters with no facilities for service or permanent basing of such aircraft.
mmmmm. Home Occupation. Any occupation or profession conducted within a dwelling unit and its permitted accessory structures that is clearly incidental and secondary to the use of such buildings.
nnnnn. Hospital. Facilities for primary health services and medical or surgical care to people, primarily in-patients, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or educational facilities. Hospital includes, but is not limited to, sanitariums and any other medical facility where intensive medical treatment, including in-patient residential care, is provided.
ooooo. Hotel/Motel. A facility that provides sleeping accommodations for a fee and customary lodging services. Related ancillary uses include, but are not be limited to, conference and meeting rooms, restaurants, and recreational facilities for the use of guests.
ppppp. Industrial - Light. The manufacturing from previously prepared materials of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, provided all industrial activities are contained entirely within a building and noise, odor, smoke, heat, glare, and vibration resulting from the industrial activity are confined entirely within the building. A light industrial use may also include a showroom and ancillary sales of products related to the items manufactured or stored on-site.
qqqqq. Indiana Code. The codification of all Indiana statutes in effect. (Abbreviated as I.C.)
rrrrr. Joint Ownership. Joint ownership among persons means the same owner, "constructive ownership" for the purpose of imposing subdivision regulations.
sssss. Live Performance Venue. A facility for the presentation of live performances, including musical acts, theatrical plays or acts, stand-up comedy, magic, dance clubs, and disc jockey performances using vinyl records, compact discs, computers, or digital music players. A live performance venue does not include any adult entertainment.
ttttt. Live/Work Dwelling. A structure combining a dwelling unit with a non-residential use permitted in the zoning district where the structure is located and that is principally used by one or more of the residents. A live/work dwelling may also include the combination of a dwelling unit with arts-related activities, such as painting, photography, sculpture, music and film, principally used by one or more of the residents. Live/work dwellings are subject to the standards for the individual uses contained within this ordinance. Any area used for commercial space in a live/work dwelling cannot be converted to residential living space if the commercial component is no longer operating.
uuuuu. Lot. A subdivided and recorded parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot must have frontage on an improved public street, or on an approved private street, and may consist of:
(1) A single lot of record.
(2) A combination of complete lots of record, or complete lots of record and portions of lots of record.
vvvvv. Massage Service Establishment. An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is offered by a licensed massage therapist as required by the State of Indiana. For the purposes of this definition, the following medical practices are not considered a massage service establishment, but are part of a medical/dental clinic per this ordinance: massage treatment administered by licensed medical practitioners, licensed physical therapists, chiropractors, acupuncturist or other holistic medicine, or similar professional medical person licensed by the state. A massage service establishment does not include ancillary services provided as part of a health club, school, or full-service spa or salon.
wwwww. Major Subdivisions. Any subdivision not classified as a minor subdivision, including, but not limited to, subdivision of four (4) or more lots, or any size subdivision requiring any new street or extension of the local governmental facilities, to the creation of any public improvements.
xxxxx. Map. A representation of a part or the whole of the earth's surface, in signs and symbols, on a plane surface, at an established scale, with a method of orientation indicated.
yyyyy. Marker. A stake, pipe, rod, nail, or any other object which is intended to be a permanent point for record purposes.
zzzzz. Master Plan. See Comprehensive Plan.
aaaaaa. Minor Subdivision. Any subdivision containing not more than three (3) lots fronting on existing street which is an improved right-of-way maintained by the Town involving no street or the extension of municipal facilities, or the creation of any public improvements. A minor subdivision may not adversely affect the remainder of the parcel or adjoining property or conflict with any provision or portion of the Comprehensive Plan, Official Map, Zoning Ordinance, or this ordinance.
bbbbbb. Model Home. A dwelling unit used initially for display purposes which typifies the kind of units that will be constructed in the subdivision.
cccccc. Monument. A physical structure which marks the location of a corner or other survey point.
dddddd. Medical/Dental Clinic. A facility operated by one or more physicians, dentists, chiropractors, psychiatrists, physiotherapists, or other licensed practitioners of the healing arts for the examination and treatment of persons solely on an outpatient basis. Medical clinics also include alternative medicine clinics, such as acupuncture and holistic therapies, methadone clinics, and physical therapy offices for physical rehabilitation.
eeeeee. Medical Marijuana Dispensary. A facility operated by an organization or business that is registered by the State of Indiana to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients. Medical use cannabis means the acquisition, administration, delivery, possession, transfer, transportation, or use of cannabis to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition.
ffffff. Micro-Brewery. A facility for the production and packaging of malt beverages of alcoholic content for wholesale distribution, with a capacity of less than fifteen thousand (15,000) barrels per year and may include a tap room. A tap room allows customers to taste samples of products manufactured on site and purchase related sales items. Sales of alcohols manufactured outside of the facility are prohibited. A separate liquor license is required for sales of alcohols manufactured on-site. (See "light industrial" for capacity in excess of fifteen thousand (15,000) barrels per year.)
gggggg. Micro-Distillery. A facility for the production and packaging of alcoholic beverages in quantities not to exceed twenty- five thousand (25,000) gallons per year and may include a tasting room. A tasting room allows customers to taste samples of products manufactured on site and purchase related sales items. Sales of alcohols manufactured outside of the facility are prohibited. A separate liquor license is required for sales of alcohols manufactured on-site.
hhhhhh. Micro-Winery. A facility for the production and packaging of any alcoholic beverages obtained by the fermentation of the natural contents of fruits or vegetables, containing sugar, including such beverages when fortified by the addition of alcohol or spirits, in quantities not to exceed twenty-five thousand (25,000) gallons per year and may include a tasting room. A tasting room allows customers to taste samples of products manufactured on site and purchase related sales items. A separate liquor license is required for sales of alcohols manufactured on-site.
iiiiii. Nonresidential Subdivision. A subdivision whose intended use is other than residential, such as commercial or industrial. Such subdivision must comply with the applicable provisions of these regulations.
jjjjjj. Off-Site. Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision's approval.
kkkkkk. Official Map. The zoning map established by the Town pursuant to law and any amendments or additions thereto adopted by the Town or additions thereto resulting from the approval of subdivision plats by the Commission and the subsequent filing of such approved plats.
llllll. Outdoor Dining. A seating area that is outdoors and contiguous to a restaurant or bar, typically in addition to an indoor seating area. Outdoor dining areas are also permitted on rooftops, when determined by the Town to be structurally sound for such use.
mmmmmm. Outdoor Display and Sales Area. Part of a lot used for outdoor sales and/or display of goods accessory to the principal use.
nnnnnn. Ordinance. Any legislative action, however denominated, of a local government which has the force of law, including any amendments or repeal of any ordinance.
oooooo. Owner. Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to the land sought to be subdivided under these regulations.
pppppp. Parapet. The extension of a false front or wall above a roof-line.
qqqqqq. Parcel. A part or portion of land having a legal description formally set forth in a conveyance together with the boundaries thereof, in order to make possible its easy identification.
rrrrrr. Park/Playground. A noncommercial, public facility that serves the recreational needs of residents and visitors. Park/playground includes, but is not limited to, playgrounds, ballfields, football fields, soccer fields, basketball courts, tennis courts, dog parks, skateboard parks, passive recreation areas, and park district field houses, which include public indoor recreation facilities run by the Town. Parks/playgrounds may also be associated with schools.
ssssss. Parking Lot. An open, hard-surfaced area, other than a street or public way, used for the storage of operable passenger motor vehicles, whether for compensation or at no charge. With the exception of Town-owned parking lots, all parking lots must be accessory to a principal use.
tttttt. Parking Structure. A structure of one or more levels or floors used for the parking or storage of operable passenger motor vehicles, whether for compensation or at no charge. With the exception of Town-owned parking structures, all parking structures must be accessory to a principal use.
uuuuuu. Party Wall. A wall starting from the foundation and extending continuously through all stories to or above the roof, that separates one building from another, but is in joint use by each building.
vvvvvv. Patio. A hard surface designed and intended for recreational use by people and not used as a sidewalk or parking space.
wwwwww. Pergola. A freestanding, open structure that forms a partially shaded pedestrian walkway, passageway, or sitting area, and is constructed of a semi-open roof and vertical posts that support cross-beams and a sturdy open lattice. It may also be used as an extension of a building entry way.
xxxxxx. Perimeter Street. Any existing street to which the parcel of land to be subdivided abuts on only one side.
yyyyyy. Person. A person includes a corporation, partnership and an unincorporated association of persons such as a club.
zzzzzz. Personal Service Establishment. A business that provides frequent or recurrent needed services of a personal nature. Typical uses include, but are not limited to, beauty shops, barbershops, tanning salons, electronics repair shops, nail salons, laundromats, dry cleaners, and tailors. Personal service establishments do not include currency exchanges and pay day loan establishments that exchange common currencies, sell money orders, issue cashier's checks, and cash checks as its principal business activity, or provide loans to individuals in exchange for receiving personal checks or the original title to the borrower's motor vehicle as collateral respectively.
aaaaaaa. Place of Worship. A building, together with accessory structures and uses, where persons regularly assemble for religious purposes and related social events, and may include group housing for persons under religious vows or orders. Places of worship may also include ancillary day care facilities and/or classrooms for weekly religious instruction.
bbbbbbb. Plan Commission. That Commission established by the Town of Dyer in accordance with I.C. 36-7-1-2.
ccccccc. Planned Unit Development. A means of land regulation which permits a unified land development in a configuration and possibly a mix of uses not otherwise permitted "as of right" under the Town Zoning Ordinance, but requiring under that ordinance or a special ordinance a special review and approval process.
ddddddd. Primary Approval. An approval (or approval with conditions imposed) granted to a subdivision by the Commission after having determined in a public hearing that the subdivision complies with the standards prescribed in this ordinance (per I.C. 36-7-4-700 series: Subdivision Control).
eeeeeee. Primary Plat. The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Commission for approval which include full engineering drawings.
fffffff. Porch. An architectural feature that projects from the exterior wall of a structure, has direct access to the street level of the building, and is covered by a roof.
ggggggg. Principal Use Building. A building in which the principal use of the lot or parcel is conducted. Standards recognized by the Indiana Administrative Building Council determine whether a given structure constitutes one or more buildings in cases where ambiguities exist.
hhhhhhh. Public Improvement. Any drainage ditch, street, highway, parkway, sidewalk, pedestrian-way, tree, lawn, off-street parking area, lot improvement, or other facility used by the general public and not intended for private use.
iiiiiii. Rear Yard. A yard defined herein, encompassing the horizontal spaces between the nearest foundation of a building to a rear lot line and that rear lot line, extending to the side lines of the lot, and measured as the shortest distance from that foundation to the real lot line. The rear yard of a corner lot is the yard at the opposite end of the lot from the front yard.
jjjjjjj. Railroad Right-of-Way. A strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops, or water towers.
kkkkkkk. Real Estate Project Sales Office/Model Unit. A residential unit temporarily used for display purposes as an example of dwelling units available for sale or rental in a residential development and/or sales or rental offices for dwellings within the development.
lllllll. Reception/Banquet Facility. A facility that provides hosting and rental services of a banquet hall or similar for private events including, but not limited to, wedding receptions, holiday parties, and fundraisers, with food and beverages that are prepared and served on-site or by a caterer to invited guests during intermittent dates and hours of operation. Live entertainment may be provided as an ancillary use as part of an event. A reception facility is not operated as a restaurant with regular hours of operation.
mmmmmmm. Recreation, Indoor. A facility for spectator and participatory uses conducted within an enclosed building, such as sports courts, bowling alleys, tumbling centers, skating centers, roller rinks, movie theaters, pool halls, and sporting exhibitions. An indoor recreation facility may include ancillary uses, such as restaurants, for the use of patrons. Indoor recreation facilities do not include public indoor recreation facilities that are run by the Town.
nnnnnnn. Recreation, Outdoor. A facility for spectator and participatory uses conducted outdoors or within partially enclosed structures, such as sports courts, batting cages, mini-golf, and sporting exhibitions. An outdoor recreation facility may include ancillary uses, such as restaurants, for the use of patrons. Outdoor recreation facilities do not include live performance venues.
ooooooo. Registered Land Surveyor. A land surveyor properly licensed and registered or through reciprocity permitted to practice in the State of Indiana.
ppppppp. Registered Professional Engineer. An engineer properly licensed and registered in the State of Indiana or permitted to practice in Indiana through reciprocity.
qqqqqqq. Regulatory Flood. That flood having a peak discharge which can be equaled or exceeded on the average of once in one hundred (100) year period, as calculated by a method and procedure which is acceptable to and approved by the Federal Emergency Management Agency (FEMA); this flood is equivalent to a flood having probability of occurrence of one percent (1%) in any given year.
rrrrrrr. Regulatory Flood Elevation. The maximum elevation, as established by FEMA, reached by the regulatory flood at the location in question relevant to approval of a given subdivision under consideration.
sssssss. Regulatory Floodway. The channel of a river or stream and those portions of the flood plains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flow of the Regulatory Flood of any river or stream shown on the Floodway-Flood Boundary Maps of the Federal Insurance Administration.
ttttttt. Restrictive Covenants. Regulations of various kinds on the usage of lots or parcels of land within a subdivision which are proposed by the subdivision, and in the case of public health, safety, and welfare by the Commissions, that are recorded with the plat and run with the land.
uuuuuuu. Re-subdivisions. A change in a map of an approved or recorded subdivision plat.
vvvvvvv. Right-of-Way. A strip of land occupied or intended to be occupied, by a street, pedestrian-way, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, special landscaping, or for another special use. The usage of term "right-of-way" for land platting purposes means that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, screening or special landscaping, or any other use involving maintenance by a public agency must be dedicated to public use by the subdivider on whose plat such right-of-way is established.
wwwwwww. Research and Development (R&D). A facility where research and development are conducted in industries that include, but are not limited to, biotechnology, pharmaceuticals, medical instrumentation or supplies, communication, and information technology, electronics and instrumentation, and computer hardware and software. Research and development does not involve the manufacture, fabrication, processing, or sale of products.
xxxxxxx. Residential Care Facility. A group care facility licensed by the state for 24-hour medical or non-medical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living, or for the protection of the individual. A residential care facility includes nursing homes, assisted living, hospices, and continuum of care facilities.
yyyyyyy. Restaurant. An establishment where food and/or beverages are provided to the public, which may be offered for on premises consumption by seated patrons, delivery, carry-out, or a combination of such. If the establishment serves alcoholic beverages, a full selection of food must also be prepared for primarily on- premise consumption by seated patrons. Live entertainment may be provided as an ancillary use to a restaurant.
zzzzzzz. Retail Goods Establishment. A commercial enterprise that provides physical goods, products or merchandise directly to the consumer, where such goods are typically available for immediate purchase and removal from the premises by the purchaser. A retail goods establishment does not include auction houses, antique shops, consignment shops, or secondhand goods dealer, each of which are defined separately.
aaaaaaaa. Roofline. The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys or minor projections.
bbbbbbbb. Sale or Lease. Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, intestate succession, or transfer of an interest in a subdivision or part thereof, whether by metes and bounds, deeds, contract, plat, map, lease, devise, intestate, succession, or other written instrument.
cccccccc. Same Ownership. Ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations in which a stockholder, partner, or associate, or member of his family owns an interest in each corporation, firm, partnership, entity, or unincorporated association.
dddddddd. Screening. Either (a) a strip of at least ten (10') feet wide, densely planted (or having equivalent natural growth) with shrubs or trees at least four (4') feet high at the time of planting, of a type that will form a year-round dense screen at least six (6') feet high; or (b) an opaque wall or barrier or uniformly painted fence at least six (6') feet high. Either (a) or (b) must be maintained in good condition at all times and may have no signs affixed to or hung in relation to the outside thereof except as permitted or required under the Zoning Ordinance. Where required by the Zoning Ordinance, a screen must be installed along or within the lines of a plot as a protection for adjoining or nearby properties. Earth berms may be incorporated as part of such screening measures where appropriate.
eeeeeeee. Satellite Dish Antenna. A dish antenna designed for transmitting signals to a receiver or receiving station or for receiving television, radio, data, communication or other signals from other antennas, satellites or other services.
ffffffff. Secondary Approval. The stage of applications for formal Plan Commission approval of a final plat of a subdivision the construction of which has been completed or substantially completed which, if approved and signed by the designated officials, may be submitted to the County Recorder for filing.
gggggggg. Secondhand Goods Dealer. A retail establishment engaged in the sale of goods and merchandise, the majority of which have been previously owned and either do not have value as collectibles or are intended for everyday use or wear.
hhhhhhhh. Self-Service Storage Facility. A facility for the storage of personal property where individual renters control and access individual storage spaces. Ancillary retail sales of related items, such as moving supplies, and offices may also be included. Self-storage facilities do not include any outdoor storage.
iiiiiiii. Sketch Plan. The initially submitted graphic representation of a proposed subdivision, drawn to the approximate scale, whether superimposed upon a print of a topographic survey or presented in any other suitable graphic medium or form acceptable to the Commission. Drawing or drawings indicating the proposed manner of layout of the subdivision meeting the conditions of the subdivision ordinance to be submitted to the Commission for primary approval.
jjjjjjjj. Special Landscaping. Areas of tree planting, shrubs, or other landscape feature serving a public purpose and maintained by the Town. (See also Buffer Landscaping and Screening.)
kkkkkkkk. State Acts. Such legislative acts of the State of Indiana as they affect these regulations.
llllllll. State Plan Coordinates System. A system of plan coordinates, based on the Transverse Mercator Projection for the Western Zone of Indiana, established by the United States Coast and Geodetic Survey for the State of Indiana.
mmmmmmmm. Street, Public. All major secondary and minor streets which are shown on the subdivision plat and are to be dedicated for public use.
nnnnnnnn. Street, Approved. Any street, whether public or private, meeting standards and specifications of the Town. Specific street classifications are defined in Section 1 of the Design Standards for Improvements in the Town of Dyer, in the attached appendix to Ord. 2021-30.
oooooooo. Structure. Anything constructed or erected that requires location on or in the ground or is attached to something having a location on or in the ground.
pppppppp. Subdivider. Any person, or his legally designated Attorney-in-Fact by a Power of Attorney properly executed and recorded in the Miscellaneous Records of Lake County Indiana, who: (1), having a proprietary interest in land, causes it, directly or indirectly, to be divided into a subdivision; or who (2) directly sells, leases, or develops, or offers to sell, lease, or develop, or advertise for sale, lease, or development, any interest, lot, parcel site, unit, or plat in a subdivision; or who (3) engages directly, or through an agent, in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision of any interest, lot, parcel site, unit, or plat in a subdivision; or (4) is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing.
qqqqqqqq. Subdivision. The division of a parcel of land into one (1) or more lots for the purpose of transfer of ownership or building development. If a new street is involved, any division of a parcel of land is considered to be a subdivision. The term "subdivision" includes re-subdivision and; when appropriate to the context, relates to the process of subdividing or to land being subdivided.
rrrrrrrr. Shed. An accessory structure, often purchased pre-built or as a kit in pre-fabricated sections, that is not designed to be served by heat or plumbing and does not need to be placed on a permanent foundation. A "shed" is typically intended to store lawn, garden, or recreational equipment.
ssssssss. Sidewalk. An improved surface, the principal purpose of which is a pedestrian walkway.
tttttttt. Specialty Food Service. A business that specializes in the production and/or sale of specialty food products, such as a bakery, meat market, coffee roasters, catering business, or fishmonger, and may offer areas for accessory retail sales of or restaurants that serve the products processed on-site. Specialty food service also includes preparation, processing, canning or packaging of food products where all processing is completely enclosed and there are no outside impacts.
uuuuuuuu. Stacking Space. A space specifically designed and designated as a waiting area for vehicles patronizing a drive-through facility or service bay.
vvvvvvvv. Stoop. An exterior floor typically, constructed of stone, concrete, and/or masonry, with a finished floor elevation higher than the adjacent ground level, often with steps leading up to it, and utilized primarily as an access platform to a structure. A "stoop" may be roofed and designed with railings, but cannot be enclosed. A "stoop" is also referred to as a portico.
wwwwwwww. Storage Yard (Outdoor). The storage of material outdoors as a principal use of the lot for more than twenty-four (24) hours.
xxxxxxxx. Subdivision Plat. A map indicating the subdivision or re-subdivision of land filed or intended to be filed of record with the County Recorder.
yyyyyyyy. Temporary Mobile Food Sales. A truck or trailer used for the preparation and service of food served from the vehicle.
zzzzzzzz. Temporary Outdoor Entertainment/Promotional Event. A temporary live entertainment event, such as the performance of live music, revue, or play within an outdoor space. Temporary outdoor entertainment event includes fireworks shows, carnivals/circuses, temporary worship services, and others.
aaaaaaaaa. Temporary Outdoor Sales. Temporary uses, including temporary structures, where goods are sold, such as consignment auctions, arts and crafts fairs, flea markets, rummage sales, temporary vehicle sales and holiday sales, such as Christmas tree lots and pumpkin sales lots. This category comprises only outdoor sales: (1) by a retail goods establishment when such goods are part of the establishment's regular items offered for purchase; or (2) by a civic, religious or nonprofit organization for fundraising purposes.
bbbbbbbbb. Temporary Outdoor Storage Container. Temporary self-storage containers delivered to a residence or business owner to store belongings, and then picked up and returned to a warehouse until called for.
ccccccccc. Temporary Pop-Up Business. Temporary use of a storefront or other commercial space for a non-residential use, such as retail, restaurant, or art galleries.
ddddddddd. Temporary Improvement. Improvements built and maintained by a subdivider during construction of the subdivision and intended to be replaced by a permanent improvement.
eeeeeeeee. Temporary Turnaround. Turnaround improvements at the ends of stub streets intended to be replaced when the adjoining area is developed and the through street connection is made.
fffffffff. Temporary Structure. Any structure that is not permanently located, placed, or affixed in the place where it is or where it is intended to be placed.
ggggggggg. Transparency. The total area of clear glass within windows and doors, which is typically expressed as a percentage of the total facade by story.
hhhhhhhhh. Tobacco, Electronic Smoking Device, or Drug Paraphernalia.
(1) Any device intended or designed primarily for use by individuals for the smoking or ingestion of tobacco, notwithstanding that the device may also be used for the smoking or ingestion of marijuana, hashish, hashish oil, cocaine or any other "controlled substance," examples of such devices include, but are not limited to: "pipes," "bongs," "hookahs," "vaporizers," "roach clips," "electric pipes," "buzz bombs," "blunts" or similar devices;
(2) Any equipment, product, or material that is modified for making, using, or concealing illegal drugs such as cocaine, heroin, marijuana, and methamphetamine;
(3) Cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, electronic smoking device batteries, electronic smoking device chargers, and any other item specifically designed for the preparation, charging, or use of electronic smoking devices;
(4) An electronic smoking device.
iiiiiiiii. Tobacco or Smoke Shop. Any store, stand, booth, or concession that devotes thirty percent (30%) or more of its display floor area to tobacco products, or to the display and sale of tobacco, electronic smoking devices, or drug paraphernalia to purchasers for consumption or use. This classification of use does not include medical cannabis dispensaries.
jjjjjjjjj. Tobacco Product.
(1) Any product containing tobacco leaf including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and
(2) Any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
kkkkkkkkk. Utility. Facilities that produce and/or transmit basic services, such as electricity, gas, sewer, or water, including largescale developments such as electric or gas generation plants, electrical substations, high voltage transmission lines, and water towers and tanks. Utilities do not include public works facilities.
lllllllll. Vehicle Dealership. An establishment that sells or leases new or used automobiles and recreational vehicles. A vehicle dealership may maintain an inventory of the vehicles for sale or lease either on-site or at a nearby location, and may provide on-site facilities for the repair and service of the types of vehicles sold or leased by the dealership.
mmmmmmmmm. Vehicle Operations Facility. A facility for the dispatch, storage, and maintenance of emergency medical care vehicles, taxicabs, school buses, and livery vehicles. Motor vehicle operations facility does not include a public works or public safety facility, where vehicles for fire, police or other municipal departments are dispatched, stored, and/or maintained.
nnnnnnnnn. Vehicle Rental. An establishment that rents automobiles and vans, including incidental parking and servicing of rental vehicles. A motor vehicle rental establishment may maintain an inventory of the vehicles for sale or lease either on-site or at a nearby location, and may provide on-site facilities for the repair and service of the vehicles sold or leased by the dealership.
ooooooooo. Vehicle Repair - Major. A business that provides services in engine rebuilding, major reconditioning of worn or damaged motor vehicles, motorcycles, all-terrain vehicles (ATV), recreational vehicles and trailers, towing and collision service, including body, frame or fender straightening or repair, and painting of motor vehicles, and may include minor auto repair services.
ppppppppp. Vehicle Repair - Minor. A business the provides services in minor repairs to motor vehicles, motorcycles, all-terrain vehicles (ATV) vehicles, including repair or replacement of cooling, electrical, fuel and exhaust systems, brake adjustments, replacement tires, realigning and repairs, wheel servicing, alignment and balancing, repair and replacement of shock absorbers, and replacement or adjustment of mufflers and tail pipes, hoses, belts, light bulbs, fuses, windshield wipers/wiper blades, grease retainers, wheel bearings, and the like.
qqqqqqqqq. Warehouse and Distribution. An enclosed facility for the storage and distribution of manufactured products, supplies, and/or equipment.
rrrrrrrrr. Wholesale Establishment. A business where goods are sold to either retailers, or to industrial, commercial, institutional, or other professional business users, or to other wholesalers and related subordinated services.
sssssssss. Wireless Telecommunications. Towers, antennas, and facilities used to transmit and receive radio-frequency signals, microwave signals, or other signals that facilitate wireless telecommunications. The following definitions describe the wireless telecommunications infrastructure described within the general definition for wireless telecommunications:
(1) Antenna. A specific device, the surface of which is used to transmit and/or receive radio-frequency signals, microwave signals, or other signals transmitted to or from other antennas. This does not include satellite dish antenna.
(2) Tower. A structure designed and constructed to support one or more wireless telecommunications antenna and including all appurtenant devices attached to it. Wireless telecommunications tower is inclusive of accompanying facilities, which are un-staffed structures used to house and protect the equipment necessary for processing telecommunications signals.
ttttttttt. Yard. All areas of the property not covered with structures, parking areas or other hard surfaces.
(Ord. No. 2007-33, 12-27-07; Am. Ord. No. 2009-18, 11-18-09; Am. Ord. No. 2021-30, § 1, 11-10-21)