§ 151.011 DEFINITIONS.

   (A)   Introduction to terms. For the purposes of this chapter, the terms listed in division (B) shall be interpreted as they are defined in that section. All other terms not herein defined shall have the meaning customarily assigned to them in such context.

   (B)   Definitions.

      A ZONE. Portions of the special flood hazard areas (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 Flood Insurance Rate Map (FIRM), or Flood Hazard Boundary Map (FHBM). The definitions are presented below:

         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.)

         ZONE AO. Areas subject to inundation by 1% annual chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between 1 and 3 feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone. Mandatory flood insurance purchase requirements apply.

         ZONE AH. Areas subject to inundation by 1% annual chance shallow flooding (usually areas of ponding) where average depths are between 1 and 3 feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone. Mandatory flood insurance purchase requirements apply.

         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.

         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 EQUIPMENT BUILDING. A structure used to house equipment for the operation, maintenance or repair of a wireless telecommunications tower including electronic receiving and relay equipment.

      ACCESSORY STRUCTURE (APPURTENANT STRUCTURE). A structure which is subordinate to the principal structure and is located on the same zoning lot. The use of the accessory structure is incidental and accessory to that of the principal structure. Accessory structures should constitute a minimal initial investment, may not be used for human habitation, and be designed to have minimal flood damage potential.

      ACTIVE CONSTRUCTION. On-site erection, fabrication, installation, alteration, demolition, or removal of any structure, facility, or addition thereto, including all related activities, but not restricted to, clearing of land, earth moving, and landscaping.

      ADDITION (TO AN EXISTING STRUCTURE). 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, is new construction.

      ADULT ENTERTAINMENT ESTABLISHMENTS.

         (a)   ADULT BOOKSTORE. An establishment having as a significant portion of its stock in trade books, films, magazines and other periodicals which are distinguished or characterized by an emphasis on matter depicting or describing “sex act(s)” or “specified anatomical areas.”

         (b)   ADULT MOTEL. A motel wherein material is presented which is distinguished or characterized by an emphasis on depicting or describing “sex act(s)” or “specified anatomical areas.”

         (c)   ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or token-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to 5 or fewer persons per machine at any 1 time, and where images so displayed are distinguished or characterized by an emphasis on matter depicting or describing “sex act(s)” or “specified anatomical areas.”

         (d)   ADULT MOTION PICTURE THEATER. An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting or describing “sex act(s)” or “specified anatomical areas” for observation by patrons therein.

         (e)   ADULT LOUNGE or NIGHT CLUB. Any establishment that features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.

         (f)   For purposes of the above, the terms SEX ACT(S) and SPECIFIED ANATOMICAL AREAS shall mean the following:

            1.   SEX ACT(S). Means and includes the following:

               a.   Human genitals in a state of sexual stimulation or arousal;

               b.   Acts of human masturbation, sexual intercourse or sodomy; and

               c.   Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

            2.   SPECIFIED ANATOMICAL AREAS. Means and includes the following:

               a.   Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and

               b.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

      AIRPORT. The Elkhart Municipal Airport.

      AIRPORT ELEVATION. The established elevation of the highest point on the usable landing area of the airport.

      ALLEY. A public way, not more than 16-1/2 feet wide, which affords only a secondary means of access to abutting property, other than a right-of-way or easement for public utility purposes.

      AMUSEMENT ARCADE. See AMUSEMENT PARLOR (ROOM).

      AMUSEMENT MACHINE.

         (a)   Any machine or device designed or modified to be operated by a coin, coins or token, or for which change is made for the operation thereof.

         (b)   Such a machine or device used exclusively for the vending of merchandise of a tangible nature shall not be deemed an amusement machine.

      AMUSEMENT PARLOR (ROOM). Any public area or room containing 1 or more amusement machines.

      ANCHOR STORE. A store(s) within a mall or shopping center of at least 75,000 square feet that serves as a primary traffic generator for the complex.

      ANIMATED MESSAGE BOARD. Any sign that changes light intensity or that gives the visual impression of movement or rotation.

      APARTMENT. See DWELLING UNIT.

      APARTMENT HOUSE. See DWELLING, MULTIPLE-FAMILY.

      APPEAL. A request for a review of the Floodplain Administrator's interpretation of any provision of the flood hazard area regulations, §§ 151.120 et seq., or a request for a variance.

      AREA OF SHALLOW FLOODING. A designated AO or AH Zone on the community's Flood Insurance Rate Map (FIRM) with base flood depths from 1 to 3 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.

      ASSISTED LIVING FACILITY. A building containing 2 or more dwelling units with common dining and activity facilities in which a professional staff provides limited care and community activities for the residents with the primary goal of enabling the residents to live as independently as possible.

      AUTOMOBILE. See MOTOR VEHICLE.

      AWNING. A roof-like cover attached to a building generally of a material different from that of the building and which projects from the wall of the building.

      BALCONY. A raised railed platform projecting from the wall of a structure.

      BASE FLOOD ELEVATION (BFE). The elevation of the 1% annual chance flood.

      BASEMENT. That portion of a structure having its floor sub-grade (below ground level) on all sides.

      BAY WINDOW. A window or series of windows forming a bay or recess in a room and projecting outward from the wall in a rectangular, polygonal or curved form.

      BED AND BREAKFAST HOME. A structure, primarily residential in character, that provides lodging for paying guests.

      BILLBOARD. See SIGN, OFF-PREMISE.

      BILLIARD ROOM. Any public area or room containing 1 or more pool or billiard tables.

      BILLIARD TABLE. Any table used for any form of the games commonly referred to as pool or billiards and includes any table of any size, the top of which is surrounded by an elastic ledge and consists of impelling balls by means of sticks and cues.

      BOARD OF ZONING APPEALS. The Board of Zoning Appeals of the City of Elkhart, Indiana.

      BOARDING HOUSE. A structure, other than a hotel, motel or lodging house, where lodging and meals are provided for compensation primarily on a long term basis.

      BUILDING. Any structure with walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings, and which is designed or intended for shelter; enclosure or protection of persons, animals or property; provided that, any structure with interior areas not normally accessible for human use, such as oil tanks, water tanks, grain elevators, coal bunkers, oil cracking towers and other similar structures are not considered as buildings.

      BUILDING, ACCESSORY. A subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure.

      BUILDING, ATTACHED. A building which has any part of its exterior or bearing wall in common with another building or which is connected to another building or roof.

      BUILDING, DETACHED. A building having no structural connection with another building.

      BUILDING HEIGHT. The vertical distance measured from the grade level to the highest point of the main structure of the building.

      BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the zoning lot on which the building is situated. Where a part of an accessory structure is attached to the principal building in any manner, as by a roof, such accessory building shall be considered to be part of the principal building.

      BULK STORAGE TANKS. Outside storage tanks, where the total volume of the container(s) exceed 2,000 gallons used for dispensing of liquids or gases into smaller containers or for use in manufacturing processes. This definition shall not apply to underground storage tanks.

      BUSINESS. The purchase, sale, barter or exchange of goods, wares, merchandise or services or the maintenance or operation of offices or recreational and amusement enterprises.

      BUSINESS SCHOOL. A privately owned school, not conducted by or under the sponsorship of a charitable organization, which teaches secretarial, bookkeeping, accounting or other similar office or clerical skills.

      CAMPGROUND. An area or tract of land used for occupancy by 2 or more temporary tents, dwellings, rooms, sleeping quarters or recreational vehicles of any kind.

      CANOPY. See AWNING.

      CARPORT. A roofed structure designed and intended to shelter motor vehicles with at least 2 of the 4 sides open to the weather.

      CENTRAL BUSINESS DISTRICT. The Central Business District in the City of Elkhart encompasses the area as shown on the Official Zoning Map of the City of Elkhart, Indiana.

      CHARITABLE ORGANIZATION. An organization organized and operated exclusively for public charitable purposes as defined in the Internal Revenue Code of 1986, as amended.

      CITY. The City of Elkhart, Indiana.

      CITY COUNCIL. The Council of the City of Elkhart, Indiana.

      CLINIC, MEDICAL, DENTAL. A structure where 3 or more licensed physicians, or dentists, actively engage in the practice of medicine, or dentistry, on an out-patient basis.

      CO-LOCATION. The use of a wireless telecommunications facility by more than 1 wireless telecommunications provider.

      COMMITMENT. A written stipulation regarding the use or development of a parcel which is subject of a petition or proposal before the Board of Zoning Appeals, Plan Commission or City Council, made by the owner of the parcel. COMMITMENTS shall be recorded in the office of the County Recorder and shall become effective upon grant of the petition.

      COMMUNITY. A political entity that has the authority to adopt and enforce floodplain ordinances for the area under its jurisdiction.

      COMMUNITY CENTER. A place, structure, area or other facility used for and providing religious, fraternal, social and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community.

      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.

      COMPREHENSIVE PLAN. The Comprehensive Plan of the City of Elkhart, Indiana.

      CONDITIONAL USE. A use that, owing to some special characteristics attendant to its operation or installation (for example, potential danger, smoke, noise or excessive traffic generation), is permitted in a district subject to approval by the Board of Zoning Appeals, and subject to special requirements, different from those usual requirements for the district in which the conditional use may be located.

      CONSTRUCTION. The placing of construction materials in permanent position and fastened in a permanent manner. Where excavation, demolition or removal of an existing structure has been substantially begun preparatory to rebuilding the excavation, demolition or removal shall be deemed construction.

      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.

      CUL-DE-SAC. A street having one end connected to the surrounding roadway system and the other end being permanently terminated by a vehicle turn around.

      CURB CUT. The area at which a private drive connects to a public street or alley to allow motorized vehicular ingress and egress between the street or alley and the property.

      DIAMETER AT BREAST HEIGHT (d.b.h.). In measuring the size of trees, the diameter of a tree as measured at breast height.

      DAY CARE CENTER. A structure in which at least 6 children at any time receive child care from a provider:

         (a)   While unattended by a parent, legal guardian or custodian;

         (b)   For regular compensation;

         (c)   For more than 4 hours, but less than 24 hours in each 10 consecutive days per year, excluding intervening Saturdays, Sundays and holidays; and

         (d)   Which is not the primary residence of the child care provider or is not a residential structure.

      DAY CARE HOME. A residential structure in which at least 6 children (not including the children for whom the provider is a parent, stepparent, guardian, custodian or other relative) at any time receive child care from a provider:

         (a)   While unattended by a parent, legal guardian or custodian;

         (b)   For regular compensation;

         (c)   For more than 4 hours, but less than 24 hours in each 10 consecutive days per year, excluding intervening Saturdays, Sundays and holidays; and

         (d)   Which is the primary residence of the child care provider.

      DECIBEL. A unit of measurement of the intensity (loudness) of sound.

      DEVELOPMENT.  

         (a)   Any man-made change to improved or unimproved real estate including, but not limited to:

            1.   Construction, reconstruction or placement of a structure or any addition to a structure;

            2.   Installing a manufactured home on a site, preparing a site for a manufactured home, or installing a recreational vehicle on a site for more than 180 days;

            3.   Installing utilities, erection of walls and fences, construction of roads or similar projects;

            4.   Construction of flood control structures such as levees, dikes, channel improvements, etc.;

            5.   Mining, dredging, filling, grading, excavation or drilling operations;

            6.   Construction and/or reconstruction of bridges or culverts;

            7.   Storage of materials; or

            8.   Any other activity that might change the direction, height or velocity of flood or surface waters.

         (b)   DEVELOPMENT does not include activities such as the maintenance of existing structures and facilities such as painting, re-roofing; resurfacing roads; or gardening, plowing and similar agricultural practices that do not involve filling, grading, excavation or the construction of permanent buildings.

      DEVELOPMENT PLAN. All materials submitted for approval in accordance with §§ 151.175 et seq., identifying principal and accessory structures, streets, pedestrian access systems, utilities, landscaping, exterior lighting, signage and other elements of a proposed development including the site plan and supporting drawings and documentation.

      DISTRICT. A zoning district as created and defined in this chapter.

      DOMESTIC ANIMAL. Any nonferal animal which is not prohibited by the City of Elkhart’s Animal Control Ordinance. Horses require a minimum of 1 acre of fenced grazing land per animal.

      DRIP LINE. A vertical line extending from the outermost branches of a tree to the ground.

      DRIVEWAY. An area used for movement of vehicles from street to garage or established parking area.

      DRIVE-IN FACILITY. Drive-in movie theaters, restaurants characterized by primary food service to the public for consumption on the premises by order from and service to vehicular passengers outside the structure, and other businesses catering to patrons parked in vehicles on the site.

      DWELLING, MULTIPLE FAMILY. A structure containing 3 or more dwelling units.

      DWELLING, 1 FAMILY. A structure containing 1 dwelling unit.

      DWELLING, 2 FAMILY. A structure containing 2 dwelling units.

      DWELLING UNIT. One or more connected rooms in a structure intended for residential occupancy by 1 family, including complete kitchen and bathroom facilities, permanently installed exclusive of garages, porches, stoops, decks, basements and similar areas not considered to be part of the interior living space of the dwelling. Calculation of dwelling space shall be done by determining the sum of dwelling unit space as defined above.

      DWELLING UNIT, EFFICIENCY. A dwelling unit consisting of 1 room exclusive of bathroom, kitchen or dining alcove adjacent to the principal room; provided, the dining alcove does not exceed 100 square feet in area.

      EASEMENT. The right of a person, government agency, public utility company or other entity to use public or private land owned by another for a specific purpose.

      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, filled stem wall foundations (also called chain 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 National Flood Insurance Program. 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 Flood Insurance Rate Map (FIRM).

      ENCROACHMENT. The advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

      ENTRY/DEVELOPMENT CORRIDOR. The right of way of the following highways are designated entry/development corridors: Benham Avenue; Bristol Street; Cassopolis Street; County Road 6; County Road 17; Franklin Street; Hively Avenue; Jackson Boulevard; John Weaver Parkway; Johnson Street; Lexington Avenue; Lusher Avenue; Main Street; Middlebury Street; Nappanee Street; Prairie Street.

      ESTABLISHED BUILDING SETBACK. The average setback distance of all structures on the side of a street between 2 intersecting streets. The setback shall be re-determined as each successive vacant lot is proposed to be improved with a structure. Where a yard is adjacent to a river or creek, the established setback shall be determined by the average setback of 5 houses in each direction upstream and downstream of the yard in question.

      ESTABLISHED FRONTAGE. The average frontage distance for all lots on the side of a street between 2 intersecting streets. The frontage distance shall be re-determined as each successive vacant lot is proposed to be improved with a structure.

      ESTABLISHED LOT SIZE. The average lot area (square footage) for all lots on the side of a street between 2 intersecting streets. The lot area shall be re-determined as each successive vacant lot is proposed to be improved with a structure.

      EXISTING CONSTRUCTION. Any structure for which the start of construction commenced before the effective date of the community's first floodplain ordinance.

      EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the community's first floodplain ordinance.

      EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

      F.A.R. See FLOOR AREA RATIO.

      FACADE. An exterior wall of a building.

      FACILITY COMPOUND. The area of a parcel on which wireless telecommunications facilities such as towers and accessory equipment buildings are located.

      FAMILY.

         (a)   An individual;

         (b)   Two or more persons related by genetics, marriage, legal adoption or other relationship established by law; or

         (c)   Five or fewer persons who constitute a relatively permanent functioning group living as a single housekeeping unit.

      FEMA. Federal Emergency Management Agency.

      FENCE. A structure partially or completely surrounding a part of or the whole of a zoning lot which is intended to prevent intrusion from without and straying from within the area controlled, but not including a hedge or other natural growth.

      FIVE-HUNDRED YEAR FLOOD (500-YEAR FLOOD). The flood that has a 0.2% chance of being equaled or exceeded in any year.

      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 BOUNDARY AND FLOODWAY MAP (FBFM). 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.

      FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community, issued by Federal Emergency Management Agency (FEMA), where the boundaries of the areas of special flood hazard have been identified as Zone A.

      FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which Federal Emergency Management Agency (FEMA) has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

      FLOOD INSURANCE STUDY (FIS). The official hydraulic and hydrologic report provided by the Federal Emergency Management Agency (FEMA) The report contains flood profiles, as well as the Flood Insurance Rate Map (FIRM), Flood Boundary and Floodway Map (FBFM) (where applicable), and the water surface elevation of the base flood.

      FLOOD PRONE AREA. Any land area acknowledged by a community as being susceptible to inundation by water from any source. (See FLOOD)

      FLOOD PROTECTION GRADE (FPG). The elevation of the regulatory flood plus 2 feet at any given location in the special flood hazard areas (SFHA). (See FREEBOARD)

      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. Any portion of the City of Elkhart 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 (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.

      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.

      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.

      FLOOR AREA.

         (a)   For determining the floor area ratio: the sum of the gross horizontal areas of the floors of the structure measured from the exterior faces of the exterior wall or from the center line of walls separating 2 structures. The floor area shall include all typically occupied areas including basements when more than ½ of the basement height is above grade level; elevator shafts and stairwells at each floor; floor space used for mechanical equipment; penthouses; attic space with head room of 7-1/2 feet or more; interior balconies and mezzanines; enclosed porches; and garages and carports.

         (b)   The floor area of structures devoted to bulk storage of materials, including, but not limited to grain elevators and petroleum storage tanks, shall be determined on the basis of height in feet; i.e. 10 feet in height shall equal 1 floor.

      FLOOR AREA. For determining off-street parking and loading requirements: the sum of the gross horizontal areas of the floors of a structure used for office, retail, wholesale or manufacturing operations. Interior areas utilized for off-street parking or loading facilities and basements not devoted to office, retail and manufacturing uses shall not be included in the floor area calculation.

      FLOOR AREA RATIO (F.A.R.). The floor area of the structure or structures on a zoning lot divided by the area of such zoning lot or, in the case of planned unit developments, by the net site area. The floor area ratio requirements set forth in each zoning district shall determine the maximum floor area allowable for the structure or structures.

      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.

      FRINGE. Portions of the floodplain lying outside the floodway.

      FRONTAGE. The length of the front lot line of a property.

      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.

      GARAGE, COMMERCIAL VEHICLE. A structure which is used or intended to be used for the storage of commercial motor vehicles.

      GARAGE, PRIVATE. A detached accessory structure or portion of the principal structure designed, arranged, used or intended to be used for the storage of passenger motor vehicles of occupants of the premises.

      GARAGE, PUBLIC. A structure, other than a private garage, where motor vehicles are parked or stored within a structure, but, not including such a structure intended to house commercial motor vehicles.

      GARAGE SALES. See SALES, RUMMAGE - PRIVATE AND PUBLIC.

      GRADE LEVEL. The elevation of the ground, as established by the City Engineer, at a structure or site.

      GUEST HOUSE.

         (a)   Living quarters within a detached accessory building, located on the same zoning lot with the principal building, for use by temporary guests of the occupants of the premises.

         (b)   The quarters shall not be rented in any manner or otherwise used as a separate dwelling unit.

      HARDSHIP (As related to variances for flood hazard areas, §§ 151.120 et seq). The exceptional hardship that would result from a failure to grant the requested variance. The City of Elkhart 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.

      HAZARDOUS WASTE. Waste that is included in a list of specific hazardous waste (waste streams, waste sources, and certain generic waste) as specified in Title 40 C.F.R. part 261, and all subsequent revisions; or waste that is ignitable, corrosive, reactive as determined by the specific extraction procedure (E.P.) as specified in 40 C.F.R. part 261 and all subsequent revisions, or waste that is declared hazardous by the generator on the basis of the materials or process used in producing the waste.

      HAZARDOUS WASTE FACILITY. All contiguous land, structures, other appurtenances and improvements on the land used for treating, storing or disposing of hazardous waste.

      HAZARDOUS WASTE DISPOSAL FACILITY. A facility or part of a facility at which hazardous waste is intentionally placed into, or on, any land or water, and at which waste will remain after closure.

      HAZARDOUS WASTE GENERATOR. Any person or site whose act or process produces hazardous waste identified, defined or listed in E.P.A. regulations.

      HAZARDOUS WASTE MOTOR FREIGHT TERMINAL. A motor freight terminal engaged in the off-site transportation of hazardous wastes.

      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 DISTRICT. Any federally-, state, or locally-recognized historic area administered under the Historic and Cultural Preservation Commission.

      HISTORIC DISTRICT, SINGLE SITE. Any federally-, state- or locally-recognized historic structure or land administered under the Historic and Cultural Preservation Commission.

      HISTORIC STRUCTURE. Any structure individually listed on the National Register of Historic Places or the Indiana State Register of Historic Sites and Structures.

      HOME OCCUPATION.

         (a)   A gainful occupation or hobby customarily carried on by an occupant of a dwelling unit. The HOME OCCUPATION shall be carried on by an occupant of a dwelling unit as a use which is clearly incidental to the use of the dwelling unit for residential purposes. The HOME OCCUPATION shall be carried on wholly within the principal structure or within a structure accessory thereto and only by individuals who reside on the premises and are members of the family occupying the premises.

         (b)   No article shall be sold or offered for sale on the premises except such as is produced by the occupation on the premises, and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use.

         (c)   There shall be no exterior display, no exterior sign except as allowed by the sign regulations for the district in which the home occupation is located, no exterior storage of materials, no other exterior indication of the home occupation or variation from the residential character of the principal structure, and no offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.

         (d)   Clinics; medical, dental and other health care facilities; hospitals; auto repair shops; barber shops and beauty parlors; millinery shops; tea rooms and restaurants; tourist homes; animal hospitals and kennels; and uses requiring an M-1 or M-2 zoning classification shall not be deemed to be a home occupation.

      HOSPITAL. An institution providing primary health services and medical or surgical care to persons, primarily in-patients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, training facilities, medical offices and staff residences.

      HOTEL. A building containing separate sleeping units, each of which may have bathroom facilities, designed for or used primarily on a temporary basis for transients.

      HOUSE TRAILER. See MOBILE HOME.

      H.U.D. CODE MANUFACTURED DWELLING. A dwelling unit designed and built in a factory, which bears a seal certifying that it was built in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401.

      IMPERVIOUS MATERIAL. Any pavement or other material, including, but not limited to concrete, asphalt and concrete and brick pavers, which reduces or prevents the penetration of storm water into the ground relative to undeveloped land such as grass or other permeable groundcover.

      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 increased cost of compliance (ICC) coverage.

      INSTRUMENT RUNWAY. A runway equipped with electronic and visual air navigation aids adequate to permit the landing of aircraft under restricted visibility conditions.

      JUNK YARD. An open area (excepting scrap processing yards) where waste, scrap metal, paper, rags or similar materials are bought, sold, exchanged, stored, disassembled or handled, including building wrecking yards, but excluding similar uses taking place entirely within an enclosed structure.

      KENNEL. Any zoning lot on which more than 4 animals over 4 months of age are kept.

      LABORATORY. A structure devoted to experimental study such as testing and analyzing.

      LANDING AREA. The area of the airport used for landing, takeoff or taxiing of an aircraft.

      LETTER OF MAP AMENDMENT (LOMA). An amendment to the currently effective Federal Emergency Management Agency (FEMA) map that establishes that a property is not located in a special flood hazard area (SFHA). A Letter of Map Amendment is only issued by FEMA.

      LETTER OF MAP REVISION (LOMR). An official revision to the currently effective Federal Emergency Management Agency (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 National Flood Insurance Program (NFIP) map. A Letter of Map Revision Based on Fill (LOMR-F) provides the Federal Emergency Management Agency's (FEMAs) determination concerning whether a structure or parcel has been elevated on fill above the base flood elevation (BFE) and excluded from the special flood hazard area (SFHA).

      LIVE/WORK UNIT. A building or space within a building containing an integrated living and working space with shared access that is intended to function predominately as a commercial business with incidental residential use for the business operator. The unit typically has the workspace, public display area, or showroom on the ground floor of the unit and the majority of the residence located either on an upper floor or at the back of the unit.

      LOADING AND UNLOADING AREA, OFF STREET. An open area, other than a public way, surfaced with an all-weather, dustless, impervious, hard-surfaced pavement, the principal use of which is the standing, loading and unloading of commercial motor vehicles, to avoid undue interference with the public use of streets and alleys.

      LODGING HOUSE. A structure, other than a hotel, motel or boarding house, where lodging without meals is provided for compensation primarily on a long-term basis.

      LOGO. A letter, character, symbol or other distinguishing mark which identifies a use.

      LOT. See ZONING LOT.

      LOT AREA. The area of a horizontal plane bounded by the front, side and rear lot lines.

      LOT, CORNER. A lot at the junction of, and fronting on 2 or more intersecting public streets.

      LOT COVERAGE. The portion of a lot that is occupied by buildings, including accessory buildings or structures with a roof, expressed as a percentage of the total lot area. This does not include parking areas, driveways, and sidewalks.

      LOT, DEPTH. The shortest distance between the front lot line and the rear of the lot, measured in the mean direction of the side lot lines.

      LOT, INTERIOR. A lot abutting lots on both sides, whether across an alley or not.

      LOT OF RECORD. An area of land designated as a lot on a subdivision plot recorded with the Recorder of Elkhart County, Indiana.

      LOT, REVERSED CORNER. A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.

      LOT, THROUGH. A lot having frontage on 2 parallel or approximately parallel streets.

      LOT, ZONING. See ZONING LOT.

      LOT LINE. A boundary line of a zoning lot between the zoning lot and adjacent zoning lots or public ways.

      LOT LINE, FRONT. On an interior lot, the lot line adjacent to the street on which an address for the property has been assigned by the City of Elkhart; on a corner lot, the lot line separating the narrowest street frontage of a lot from the street; on a through lot, the lot line so declared by the Planning and Zoning Staff or which is faced by the front of the principal structure.

      LOT LINE, REAR. A lot line or connected lines between the ends of the side lot lines and which is or are parallel to or approximately parallel to the front lot line.

      LOT LINE, SIDE. A lot line or connected lot lines commencing at an end of a front lot line and terminating either at an intersection with an end of the rear lot line or at an intersection with the opposite sidelot line, no portion of which is parallel to or approximately parallel to the front lot line.

      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. 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 of a structure elevated on pilings or pillars; 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, through providing a minimum of 2 openings (in addition to doorways and windows) in a minimum of two exterior walls having a total net area of 1 square inch for every 1 square foot of enclosed area. The bottom of all such openings shall be no higher than 1 foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher; and

            2.   Such enclosed space shall be usable solely for non-residential purposes and building access.

      MANUFACTURED HOME. A structure transportable in 1 or more sections, which is built on a permanent chassis and is designed for the use with or without a permanent foundation when attached to the required utilities, including a H.U.D. Code Manufactured dwelling constructed after January 1, 1981 and installed on a permanent, under-floor supported system and perimeter foundation in conformity with the regulations of the Indiana One- and Two-Family Dwelling Code (as adopted by the State of Indiana and as amended), the manufacturer’s installation specifications and the following requirements:

         (a)   All wheels, axles, and hitch mechanisms shall be removed;

         (b)   Manufactured homes shall be sided with materials customarily used on site-constructed dwellings;

         (c)   The space between the floor joists of the home and the excavated under-floor grade shall be completely enclosed with a permanent perimeter enclosure, except for required openings.

      MANUFACTURED HOME does not include a recreational vehicle.

      MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into 2 or more manufactured home lots for rent or sale.

      MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS CODE. The National Manufactured Housing Construction and Safety Act, 42 U.S.C. §§ 5401 et seq., as amended (previously known as the Federal Mobile Home and Construction Act) and rules and regulations adopted thereunder, which includes U.S. Department of Housing and Urban Development (H.U.D.) approved information supplied by the home manufacturer, and regulations and interpretations of said code by the Indiana Fire Prevention and Building Safety Commission.

      MAP AMENDMENT. A change to an effective National Flood Insurance Program (NFIP) map which results in the exclusion from the special flood hazard area (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 4-digit number followed by a letter suffix assigned by the Federal Emergency Management Agency (FEMA) on a flood map. The first 4 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.

      MARQUEE. A rooflike structure projecting over an entrance to a building.

      MASSAGE. A manual soft tissue manipulation, which includes holding, causing movement, and/or applying pressure to the body.

      MASSAGE ESTABLISHMENT. Any building, room, place or establishment, other than a massage therapy school certified by the state or a regularly licensed hospital or dispensary wherein each person who administers a massage is a qualified massage therapist as defined herein, where massages, nonmedical, and nonsurgical manipulative exercises are practiced upon the human body.

      MASSAGE THERAPIST. A person who practices, administers or teaches all or any of the subjects or methods of treatment defined herein as massage therapy and meets the following criteria: Has been awarded the National Certification for Therapeutic Massage and Body Work and can produce the certification, or has graduated from an educational institute of professional massage therapy instruction accredited by the state in which it is located, and can produce a diploma, or is a licensed LPN, RN, physician, chiropractor, osteopath, cosmetologist, esthetician, physical therapist, or assistant physical therapist, or is a student enrolled in an educational institute of professional massage therapy instruction accredited by the state, performing massage therapy as a part of his or her training requirements.

      MASSAGE THERAPY. A profession in which the practitioner applies manual techniques, and may apply adjunctive therapies, with the intention of positively affecting the health and well-being of the client.

      MASSEUSE, MASSEUR. A person who practices massage and is a certified massage therapist.

      MEETING HALL/BANQUET FACILITY. A building or part of a building, operated as a for-profit facility rented or leased for the purpose of large meetings, banquets, receptions or other gatherings.

      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. A vehicle, including the equipment sold as a part of a vehicle which may be used as a conveyance upon streets by either self propelled or non self propelled means which is designed, constructed or structurally altered in such a manner as will permit occupancy as a dwelling and which is used and occupied as a dwelling unit, but which has no foundation other than wheels, jacks, skirting or other temporary supports.

      MOBILE HOME PARK. Any area of land in single ownership upon which 1 or more mobile homes are placed for purposes of occupancy in accordance with § 151.050.

      MOBILE HOME TIE-DOWN. Device used to secure a mobile home to the ground with sufficient anchorage to resist floatation, collapse or lateral movement of the mobile home.

      MODULAR HOME. A dwelling which meets all requirements of the Indiana One- and Two-Family Dwelling Code, sections of which are built in a factory and joined on a permanent foundation.

      MONOPOLES. A support structure constructed of a single, self supporting hollow metal tube securely anchored to a foundation.

      MOTEL. A structure or group of structures, other than an hotel, boarding or lodging house, containing sleeping units, each with a bathroom facility, used primarily on a temporary basis, with parking space conveniently located to each unit.

      MOTOR FREIGHT TERMINAL. A structure in which freight, brought to the structure by motor truck, is sorted for further shipment by motor truck.

      MOTOR VEHICLE. A device in, upon or by which any person or property may be transported or drawn upon a public way, except devices moved by human or other animal power or used exclusively upon stationary rails or tracks.

      MOTOR VEHICLE, COMMERCIAL. A motor vehicle used or designed for use in pulling, towing, hauling, transporting or as a temporary or permanent base, platform or support for equipment, machinery, materials and/or other goods, the rated capacity of which is more than 1-1/2 tons of such equipment, machinery, materials and/or goods, including, but not necessarily limited to stake body trucks, dump trucks, trucks and/or tractors, having dual rear wheels and/or more than 2 axles, semi-trailer tractors, semi-trailers and trailers having dual rear wheels and/or more than 1 axle and/or having an overall length of more than 12 feet, regardless of rated capacity and all construction vehicles.

      MOTOR VEHICLE IMPOUNDMENT YARD. Any place where 2 or more motor vehicles, regardless of operating condition, are kept outdoors solely for the purpose of impoundment under proper authority.

      MOTOR VEHICLE REPAIR, MAJOR. Engine rebuilding, transmission rebuilding, rebuilding the drive train, or major reconditioning of motor vehicles including frame, or fender straightening or repair, and painting of vehicles when done wholly within a building, but not including "vehicle conversion."

      MOTOR VEHICLE REPAIR, MINOR. Replacement of parts and other service to motor vehicle such as tune-ups, brake replacement and adjustment, tire repair and replacement, lubrication and oil change, muffler repair and replacement, but not including "Major Motor Vehicle Repair."

      MOTOR VEHICLE SALES LOT. Any premises where 2 or more vehicles are offered for sale or sold during any calendar year.

      MOTOR VEHICLE SERVICE STATION. A place where gasoline stored only in underground tanks, kerosene, lubricating oil or grease and other similar products used in the servicing and/or operation of motor vehicles are offered for sale directly to the public on the premises, including minor accessories and services for motor vehicles but not including major motor vehicle repairs; and including washing of motor vehicles where no chain conveyor, blower or steam-cleaning device is employed.

      MOTOR VEHICLE STORAGE YARD. Any place where 2 or more vehicles, regardless of operating condition, are kept outdoors for the purpose of storage.

      MOTOR VEHICLE WASH. A structure or portion thereof where motor vehicles are washed but not including such areas within motor vehicle service station.

      MOTOR VEHICLE WRECKING YARD. Any place where 1 or more vehicles not in running condition or otherwise legally operable on a public way, or parts thereof, are stored in the open or any land or structure used for wrecking or storing of such motor vehicles in the open and not for restoration of vehicles to operating condition.

      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 (NGVD) OF 1929. As corrected in 1929, a vertical control used as a reference for establishing varying elevations within the floodplain.

      NEW CONSTRUCTION. Any structure for which the start of construction commenced after the effective date of the community's first floodplain ordinance.

      NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the community's first floodplain ordinance.

      NEW SITE AREA. Total area of a parcel of land, excluding rights-of-way.

      NFPA. National Fire Protection Association.

      NONCONFORMING LOT. A lot of record which does not conform to the lot area or lot width regulations of this chapter.

      NONCONFORMING STRUCTURE. A structure or portion thereof which does not comply with all of the regulations of the district in which such structure is located.

      NONCONFORMING USE. The use of land, structures or structures and land which does not conform to the regulations of the district in which the use is located.

      NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88). As adopted in 1993, a vertical control datum used as a reference for establishing varying elevations within the floodplain.

      NOXIOUS MATTER. Fumes, dust and other matter that is offensive to the human senses, especially sight and smell.

      NURSERY SCHOOL. A public or private school for pre-kindergarten children.

      NURSING HOME. A private home for the care of children or the aged or infirmed, or a place of rest and/or therapy for those suffering bodily disorders, but not including facilities for the treatment of injuries or for surgical care.

      OBSTRUCTION. Includes, but is not limited to, 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.

      OFF-STREET PARKING AREA. An area which is designated for the parking of vehicles and which is not a public way.

      ONE AND TWO FAMILY DWELLING CODE, INDIANA. The mandatory statewide building code adopted by the Indiana Administrative Building Council for 1- and 2-family residential dwellings.

      ONE-HUNDRED YEAR FLOOD (100-YEAR FLOOD). 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)

      ONE-PERCENT ANNUAL CHANCE FLOOD. 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)

      OPAQUE. Material that is not reflecting, transparent or translucent, and does not emit light.

      OUTDOOR SALES. The sale, with or without on-site consumption, outside an enclosed building in accordance with the standards of the zoning district in which it is located. Includes sale of food or merchandise, however, all merchandise must be fully displayed and not stored in boxes or other containers.

      OUTLOT. A parcel located within a larger lot developed independently of, but in conjunction with, the primary lot utilizing common access drives and development standards.

      OUTSIDE STORAGE (BUSINESS OR MANUFACTURING). Outdoor storage, display or placement of manufacturing raw and finished materials, manufactured goods or business-related items in any yard.

      OUTSIDE STORAGE (RESIDENTIAL). Outdoor storage, display or placement of household items, appliances or furniture not originally designed or manufactured for outdoor use in any yard.

      PARTICIPATING COMMUNITY. Any community that voluntarily elects to participate in the National Flood Insurance Program (NFIP) by adopting and enforcing floodplain management regulations that are consistent with the standards of the NFIP.

      PERFORMANCE STANDARD. A criterion established to regulate noise, order, smoke, toxic or noxious matter, vibration, fire and explosive hazards and the glare or heat generated by or inherent in the use of land or structure.

      PERSON. An individual, firm, partnership, corporation, company, association, joint stock association, business trust, joint venture or body politic, including a trustee, receiver, assignee, administrator, executor, guardian or other representative.

      PHYSICAL MAP REVISION (PMR). An official republication of a community's Federal Emergency Management Agency (FEMA) map to effect changes to base (1% annual chance) flood elevations, floodplain boundary delineations, regulatory floodways, and planimetric features. 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 special flood hazard area (SFHAs).

      PLACE OF WORSHIP. A church, synagogue, temple, mosque or other facility that is used for prayer and religious services by persons of similar beliefs; or a special purpose building that is architecturally designed and particularly adapted for the primary use of conducting on a regular basis formal religious services by a religious congregation.

      PLAN COMMISSION. The Elkhart City Plan Commission.

      PLANNED UNIT DEVELOPMENT. A tract of contiguous land which is to be planned and developed as a single entity under single ownership or control.

      PLANNING AND ZONING OFFICE. The staff of the Plan Commission and the Board of Zoning Appeals.

      PLOT PLAN. See SITE PLAN.

      POOL ROOM. See BILLIARD ROOM.

      POOL TABLE. See BILLIARD TABLE.

      PORCH. A roofed-over structure projecting out from the wall of a principal structure and commonly open to the weather.

      POST-FIRM CONSTRUCTION. Construction or substantial improvement that started on or after the effective date of the initial Flood Insurance Rate Map (FIRM) of the community 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 Flood Insurance Rate Map (FIRM) of the community, whichever is later.

      PRIMARY FACADE. Any facade on a building which includes the main pedestrian entrance. This definition shall not apply to the Type II Development Plan Design Standards in § 151.183(A) of this chapter.

      PRIVATE RECREATION FACILITY. A site, building, and/or structure for active physical activities by members and/or customers and which is not free to the public, including but not limited to the following: billiard rooms, skating rinks, arcades, swimming pools, tennis courts, and bowling alleys. Space for spectators may also be included.

      PROBATION. Means of formally notifying participating communities of violations and deficiencies in the administration and enforcement of the local floodplain management regulations.

      PUBLIC LAW 360, ACTS OF 1971 AS AMENDED. Enabling legislation requiring the Indiana Administrative Building Council to adopt rules and regulations for the construction, repair and maintenance of factory constructed 1- and 2-family residential dwellings.

      PUBLIC PARK AND RECREATION FACILITY. A natural or landscaped area, buildings, and/or structures, provided by a unit of government, to meet the active or passive recreational needs of people.

      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.

      PUBLIC UTILITY. Any person or private company duly authorized to furnish to the public under regulation by the Indiana Utility Regulatory Commission (I.U.R.C.) electricity, gas, steam, telephone, telegraph, transportation, water, cable television and other similar services or a municipal department authorized to furnish such services.

      RECREATIONAL BUILDING. Building containing facilities for active physical activities by individuals or groups of individuals including but not limited to the following: billiard rooms, skating rinks, arcades, swimming pools and bowling alleys. Space for spectators may also be included.

      RECREATIONAL VEHICLE. A vehicle which is:

         (a)   Built on a single chassis;

         (b)   400 square feet or less when measured at the largest horizontal projections;

         (c)   Designed to be self propelled or permanently towable by a light duty truck;

         (d)   Designed specifically for temporary use as quarters for recreational camping, travel or seasonal use, and not for use as a permanent dwelling. Examples include, but are not limited to boats, motor homes, and travel trailers.

      RECYCLING CENTER. A facility that is not a junkyard and in which recoverable resources, such as newspapers, glassware and metal cans, are collected, stored, flattened, crushed or bundled within a completely enclosed building.

      REGULATORY FLOOD. 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 elevation at any location is as defined in § 151.121(B). The REGULATORY FLOOD is also known by the terms BASE FLOOD, ONE-PERCENT ANNUAL CHANCE FLOOD, and 100-YEAR FLOOD.

      RELIGIOUS ASSEMBLY. A building or group of buildings used or proposed to be used for people to gather together for public worship, religious training, other religious activities or accessory uses associated with the use.

      REPETITIVE LOSS. Flood-related damages sustained by a structure on 2 separate occasions during a 10-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.

      REST HOMES. See NURSING HOMES.

      RESTAURANTS. A structure or part of a structure where meals are prepared and sold to the public for consumption inside the structure.

      RESTAURANT, CARRY-OUT. A restaurant where meals are sold to the public for consumption other than inside the structure.

      RESTAURANT, DRIVE-IN. A restaurant that delivers food and beverages for consumption by persons in their parked cars, whether or not meals are provided for consumption inside the structure.

      RESTAURANT, DRIVE-THRU. A restaurant that delivers food and beverages, not for consumption on the premises, to persons in their vehicles from a window, door or other opening in the principal structure.

      RETAIL SALES. Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of the goods.

      RETAIL SERVICE. Establishments providing services or entertainment, as opposed to products, to the general public for personal or household use, including eating and drinking places, hotels and motels, finance, real estate and insurance, personal service, motion pictures, amusement and recreation services, health, educational and social services, museums and galleries.

      RE-UPHOLSTERY SHOP. A business engaged in the repair or replacement of materials such as springs, padding, cushions and fabric for chairs, sofas and similar furniture.

      RIGHT-OF-WAY. Land which is subject to use by the general public for general transportation purposes or conveyance of utilities including but not limited to streets, alleys, boulevards, highways, roads and other easements, whether or not in fact improved or actually used for such purposes.

      ROOMING HOUSE. See LODGING HOUSE.

      SALES, RUMMAGE - PRIVATE. A sale of used clothing and/or household items conducted only by the immediate members of 1 or 2 families in a residence, private garage, porch or rear yard.

      SALES, RUMMAGE - PUBLIC. A temporary sale, conducted by a non-profit organization such as a church or club, where members of the group bring articles or items to a central structure to be sold to raise money for use by the organization.

      SARA. Superfund Amendment and Reauthorization Act.

      SCHOOLS. Public, charitable or non-profit institutions offering a general academic curriculum, including but not necessarily limited to primary and secondary schools, junior colleges, colleges and universities and military academies, which may also include living quarters, dining room, restaurants, heating plants and incidental facilities, but excluding trade and business schools.

      SCRAP PROCESSING YARD. An establishment where scrap metals are processed.

      SCREENING. A hedge, natural planting mass, fence, wall, earthen berm or any combination thereof, used to reduce visual and auditory effects on adjoining uses.

      SECTION 1316. The 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.

      SELF-SUPPORTING LATTICE TOWERS. A support structure, securely anchored to a concrete foundation, constructed of vertical metal struts and cross braces forming a triangular or square structure often tapering from the foundation to its apex.

      SHELTERED LIVING HOME. A supervised home for physically or mentally disabled or emotionally distressed persons needing a temporary or permanent sheltered living situation in the community. The term EMOTIONALLY DISTRESSED PERSONS includes, but is not necessarily limited to expectant mothers and physically or mentally abused or battered persons.

      SIGN. Any name, identification, description, display or illumination which is affixed to, painted or represented directly or indirectly upon a structure (including a window area), or land which is in view of the general public and which directs attention to a person, place, commodity, activity, institution, organization or business. A single sign structure may be single or double faced (2-sided).

      SIGN, BANNER. Any temporary sign attached to a principal building or structure by means of a rope, string, wire or similar material, or placed as a freestanding sign.

      SIGN, BILLBOARD. See SIGN, OFF-PREMISE.

      SIGN, CONSTRUCTION. Any sign announcing the names of architects, engineers, contractors or other individuals or firms involved in the construction, alteration or repair of a building.

      SIGN, FLAG. Flags bearing the official designation of a nation, state, municipality or organization.

      SIGN, FLASHING. Any directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever.

      SIGN, FREE-STANDING. A sign which is completely or principally self-supported by post or other supports independent of any building or other structure including monument and pole signs.

      SIGN, HOLIDAY. Signs or displays which contain or depict a message pertaining to a national or state holiday and no other information.

      SIGN, INSTITUTIONAL. Any sign or bulletin board setting forth or denoting the name of, or simple announcement for, any non-profit organization when located on the premises of the organization including, but not limited to, churches, schools, government buildings and facilities, non-profit agencies, museums, art galleries and parks.

      SIGN, INTEGRAL. Names of buildings, dates of construction, commemorative tablets, and the like, when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type of construction and made a integral part of the building or structure.

      SIGN, MARQUEE, CANOPY or AWNING. A sign displayed, maintained or supported on an over-hanging marquee, canopy, awning or other similar cover or shelter projecting from a building or structure.

      SIGN, MONUMENT. Any sign attached directly to the ground by a solid base and foundation constructed of masonry, brick, stone, decorative metal, wood or other durable material.

      SIGN, MULTI-FAMILY DWELLING, SUBDIVISION OR MOBILE HOME PARK. Signs located at the drive or entrance to multiple dwelling complexes, subdivisions or mobile home developments identifying the name or the address of the development and containing no other information.

      SIGN, NAMEPLATE. Signs which identify the owner, resident or address of the premises where the sign is located and contain no other information.

      SIGN, OFFICE. Signs that identify professional or business offices.

      SIGN, OFF-PREMISE. A sign or billboard that identifies or communicates a commercial or non-commercial message related to an activity conducted, a service rendered or a commodity sold at a location other than the zoning lot where the sign is affixed.

      SIGN, ON-PREMISE. A sign which directs attention to a business, commodity, service, or entertainment conducted, sold or offered upon the premises where the sign is located or to which it is affixed.

      SIGN, PERMANENT. Any sign permanently attached to the ground or a structure as defined by and in accordance with the city’s Building Code.

      SIGN, POLE. Any sign supported by 1 or more upright poles, columns or braces placed in or on the ground and not attached to any building or structure.

      SIGN, POLITICAL. Temporary signs announcing candidates seeking public political office, issues to be voted upon including referenda and other data pertinent thereto.

      SIGN, PORTABLE DISPLAY. A moveable electrical or non-electrical sign not permanently attached to the ground and/or which does not comply with the city’s Building Code for permanent signs. It may be characterized by being either on a trailer or self-supporting framework made of durable construction such as metal, wood or plastic.

      SIGN, PROJECTING. A sign, other than a wall-mounted sign, which projects perpendicularly, or nearly so, from and is supported or attached to a wall of a building or structure.

      SIGN, PUBLIC EVENT. Temporary signs announcing any public, charitable, educational or religious event or function when located entirely within the premises of an institution.

      SIGN, PUBLIC INFORMATION. Signs indicating scenic or historical points of interest, memorial plaques and the like. PUBLIC SIGNS shall contain no advertising, trademarks, business name or the business address.

      SIGNS, PUBLIC SAFETY. Signs including safety signs, trespassing signs, traffic signs, entrance signs and exit signs, and all signs erected by or on order of a public officer in the performance of a public duty. PUBLIC SAFETY SIGNS shall contain no advertising, trademarks, business name or business address. One logo no larger than 6 inches by 6 inches may be permitted for property identification purposes.

      SIGN, REAL ESTATE. Any temporary on-premise sign announcing the name of the owner, manager, realtor or other person directly involved in the sale or rental of the property, or announcing the purpose or conditions for which it is being offered.

      SIGN, ROOF MOUNTED. A sign erected, constructed or maintained upon the roof of a structure.

      SIGN, RUMMAGE. Temporary sign clearly incidental to the primary use of the premises on which they are located advertising a private or public rummage sale.

      SIGN, SIGNABLE AREA. A 2-dimensional area defining the square, rectangle or parallelogram on the facade of a building free of architectural details on which a wall sign would be located. The signable area shall not exceed 25% of the total area of the facade of the building.

      SIGN, SURFACE AREA. The entire area within a single continuous perimeter enclosing the extreme limits of a sign. The perimeter shall not include any structural or framing elements lying outside the limits of the sign and not forming an integral part of the display. The surface area of a double-faced sign shall be the area of the largest single face. For multi-faced signs in which the faces are not back-to-back, the sign surface area shall be the total area of each sign face.

      SIGN, TEMPORARY. A display, banner, portable display sign or sign with or without a structural frame which is erected, placed or located temporarily to announce a special event, sale, opening or other activity.

      SIGN, WALL OR WALL MOUNTED. A sign drawn on or attached to the exterior wall of a building or structure which does not project more than 18 inches. Individual letters, in addition to the “box type” sign, may also be installed as a wall or wa11-mounted sign.

      SITE CONSTRUCTED DWELLING. A dwelling constructed on the premises in accordance with the Indiana One- and Two-Family Dwelling Code (as adopted by the State of Indiana and as amended).

      SITE PLAN. A diagram showing dimensions and locations of existing and proposed structures and yards.

      SLEEPING UNIT/ROOM. Sleeping and living quarters, without cooking facilities, and with or without an individual bathroom.

      SOCIAL REHABILITATION CENTER. An institution established for the purpose of treating, on a temporary resident or nonresident basis, persons with anti-social behavioral problems not considered serious enough for the person(s) to be confined to an institution.

      SPECIAL EXCEPTION. A use that is not listed as a permitted use in the particular district under this chapter, but which may be compatible with such uses and may promote the realization of the purposes of this chapter if such special exception uses are restricted as to number and location in the district and to such other conditions as may be required by the Board of Zoning Appeals.

      SPECIAL FLOOD HAZARD AREA (SFHA). Those lands within the jurisdictions of the City of Elkhart subject to inundation by the regulatory flood. The special flood hazard areas (SFHAs) of the City of Elkhart are generally identified as such on the Elkhart County and Incorporated Areas Flood Insurance Rate Map prepared by the Federal Emergency Management Agency, dated August 2, 2011. The SFHAs of those parts of unincorporated Elkhart 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 Elkhart County and Incorporated Areas Flood Insurance Rate Map prepared by the Federal Emergency Management Agency and dated August 2, 2011. (These areas are shown on a Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM) as Zone A, AE, A1-A30, AH, AR, A99, or AO).

      START OF CONSTRUCTION. Includes 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. 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. This definition ONLY applies to the flood hazard area regulations, §§ 151.120 et seq. of this Zoning Code.

      STOREFRONT. A portion of the building facade which encloses the space occupied by the store, on which is located the primary entrance to the store.

      STORY. That portion of a structure included between the surface of any floor and the surface of the floor above or, if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story when more than ½ of the basement height is above grade level.

      STORY, HALF. A half story is that portion of a structure under a gable, hip or mansard roof, the wall plates of which, on at least 2 opposite exterior walls, are not more than 4-1/2 feet above the finished floor of the story.

      STREAM BED. The stream bed of a water way as indicated on Indiana Department of Natural Resources (I.D.N.R.), Division of Water, Map 1967, as amended or any replacement therefor prepared or adopted by I.D.N.R.

      STREET. A public way other than an alley or a right-of-way or easement for public utility purposes upon which motor vehicles travel.

      STREET, ARTERIAL. A street that serves major centers of activity and high traffic volume corridors; carries a major portion of traffic entering, leaving and moving through the city; and for which access to adjoining land is subordinate to the movement of traffic. ARTERIAL STREETS within the City of Elkhart are those so defined by the City of Elkhart Public Works and Utilities Department.

      STREET, COLLECTOR. A street that provides both property access and traffic circulation within residential, commercial or industrial areas and distributes traffic between local and arterial streets. Collector streets within the City of Elkhart are those so defined by the City of Elkhart Public Works and Utilities Department.

      STRUCTURAL MODIFICATION. Any alteration, repair, enlargement or extension of an existing structure. The structural modification is considered to occur when the first alteration of any wall, ceiling, floor or other structural element of the structure commences. This term does not, however, include either:

         (a)   Any project for improvement of a structure to comply with existing health, sanitary or safety code specifications; or

         (b)   Any alteration of a structure listed on the National Register of Historic Places or the Indiana State Survey of Historic, Architectural, Archeological and Cultural Sites, Structures, Districts and Objects.

      STRUCTURE.  

         (a)   Anything constructed or erected, the use of which requires it to be located above or on the ground or be attached to an object that is located on the ground. This shall include all buildings (principal and accessory) as defined in this Zoning Code, signs, towers, antennas, storage tanks, tennis courts and other similar things, but excluding public utility lines and poles.

         (b)   For purpose of flood hazard area regulations, §§ 151.120 et seq., STRUCTURE means a structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, or a prefabricated building. The term also includes recreational vehicles to be installed on a site for more than 180 days.

      STRUCTURE, TEMPORARY. A structure which is placed at a site for less than 6 months. Temporary offices associated with on-site construction are permitted by right in all zoning districts for the duration of construction on that site.

      SUBDIVISION. The division of land into 2 or more lots, whether or not the land was previously divided, in accordance with the City of Elkhart Subdivision Ordinance.

      SUBSTANCE ABUSE. The habitual or compulsive consumption of alcohol or use of illegal drugs or misuse of prescription drugs by an individual. SUBSTANCE ABUSE CLINICS OR INSTITUTIONS are set up to assist individuals with substance abuse problems into recovery from these addictions.

      SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure (excluding the value of the land) before 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 which 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 an historic structure provided that the alteration will not preclude the structure’s continued designation as an historic structure.

      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 National Flood Insurance Program (NFIP).

      SWIMMING POOL. An artificial or semi-artificial basin or tank, including all appurtenant equipment, structures and facilities, for the purpose of impounding water to a depth of more than 2-1/2 feet for the immersion of human beings.

      TANK. Any vessel containing more than 50 gallons.

      TATTOO PARLOR. Any room or space where tattooing is performed or the business of tattooing is conducted. TATTOOING means the placement in human tissue of:

         (a)   Any indelible design, letter, scroll, figure, symbol or other mark placed with the aid of needles or other instruments; or

         (b)   Any design, letter, scroll, figure or symbol done by scarring upon or under the skin.

      TOURIST HOME. See LODGING HOUSE.

      TOWNHOUSE. A residential building containing multiple dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by party walls without openings.

      TOXIC SUBSTANCE. Those pollutants or combinations of pollutants, including disease-causing agents, which, after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly form the environment or indirectly by ingestion through the food chains, will on the basis of information available to the Planning and Zoning Staff, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction) or physical deformations in such organisms or their offspring.

      TRADE SCHOOL. A privately owned school, not conducted by or under the sponsorship of a charitable organization, which teaches industrial arts.

      TRAILER, TRAVEL. See RECRE- ATIONAL VEHICLE.

      UNDERGROUND. Located below the natural grade of the site.

      USE, ACCESSORY. A use incidental to, and on the same lot as, a principal use.

      USE, PRINCIPAL. The main use of land or structures as distinguished from subordinate or accessory use.

      VAN CONVERSION. See VEHICLE CONVERSION.

      VARIANCE. Grant of relief from the requirements of the flood hazard area regulations, §§ 151.120 et seq., which permits construction in a manner otherwise prohibited by the flood hazard area regulations, §§ 151.120 et seq., where specific enforcement would result in unnecessary hardship.

      VEHICLE. A device which is used to move people, items, or its own structure including, but not limited to motor vehicles, trailerable vehicles, travel trailers, mobile homes and recreational vehicles.

      VEHICLE CONVERSION. The process of modifying motor vehicles, commercial motor vehicles, or recreational vehicles to cause substantial change to the vehicle’s interior or exterior for the purpose of sale. Modification, includes, but is not limited to upholstery work, customized painting or the installation of custom windows.

      VEHICLE DISPLAY AREA. Any property which is used for the placement of vehicles for the purposes of sale, rental, lease or financial remuneration.

      VEHICLE HOLDING AREA. Any property which is used for the placement of vehicles pending either repair, determination of repair or total loss, or awaiting fabrication or shipment from vehicle assembly or conversion manufacturer as an accessory use to any business involved in major or minor motor vehicle repair, body shop, vehicle manufacturing or vehicle conversion.

      VIOLATION. The failure of a structure or other development to be fully compliant with the flood hazard area regulations, §§ 151.120 et seq. A structure or other development without the elevation, other certification, or other evidence of compliance required in the flood hazard area regulations, §§ 151.120 et seq., is presumed to be in violation until such time as that documentation is provided.

      WATER SURFACE ELEVATION. 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.

      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.

      WHEEL STOPS. A concrete, metal or wooden barrier not less than four inches in height used in parking areas at each parking space sufficient to prohibit vehicular movement through the parking space, properly anchored and maintained as per city specifications.

      X ZONE. The area where the flood hazard is less than that in the SFHA. Shaded X zones shown on recent Flood Insurance Rate Maps (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. A portion of a zoning lot lying either in front of, at the side of or at the rear of the principal structure on the lot, unoccupied except for a driveway and/or those fences and/or other obstructions permitted therein under §§ 151.225 et seq. and extending from a lot line a minimum distance into the lot perpendicular to the lot line, as required in the zoning district in which the lot is located.

      YARD, CORNER SIDE. The side yard abutting a street in which the required setback is the same as that for the front yard. There shall be no structures, no open storage of materials or equipment, no parking of vehicles (except at 1- and 2-family dwelling units), and no paved parking spaces, aisles or drives.

      YARD, FRONT. A yard extending the full width of the zoning lot and situated between the front lot line and a line parallel thereto and passing through the nearest point of the structure. There shall be no structures, no open storage of materials or equipment, no parking of vehicles (except at 1- and 2-family dwelling units), and no paved parking spaces, aisles or drives.

      YARD, REAR.

         (a)   A yard extending the full width of the zoning lot lying between the rear line of the lot and the nearest point of the principal structure.

         (b)   In a through lot, the REAR YARD shall not include any area which would constitute either a front yard, or a side yard if the lot were not a through lot.

      YARD, SALE. See SALES, RUMMAGE.

      YARD, SIDE. A yard lying between the nearest point of the principal building and a side lot line extending from the required front yard to the rear yard, or to the opposite front yard in the case of a through lot.

      ZONE. A geographical area shown on a Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (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.)

      ZONING LOT. A piece, parcel, plot or tract of land designated by its owner or developer to be used, developed or built upon as a unit under one ownership or control.

      ZONING MAPS. The maps or maps incorporated into this chapter.

(1979 Code, § 151.011) (Ord. 4370, passed 7-20-1998; Am. Ord. 4431, passed 7-12-1999; Am. Ord. 4454, passed 10-19-1999, Am. Ord. 4457, passed 12-6-1999; Am. Ord. 4542, passed 12-4-2000; Am. Ord. 4592, passed 6-4-2001; Am. Ord. 4683, passed 7-1-2002; Am. Ord. 4762, passed 8-1-2003; Am. Ord. 5044, passed 7-9-2007; Am. Ord. 5263, passed 8-1-2011; Am. Ord. 5618, passed 9-11-2017)