For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE. For the purposes of this section, abandoned vehicle shall refer to I.C. 9-13-2-1.
ACCESS CONTROL AND MANAGEMENT. Control of entrance, exits and turns of vehicles using busy streets and highways in order to increase safety and move traffic efficiently.
ACCESSORY BUILDING. A building housing an accessory use, and located on the same lot as the principal use. Where a part of the wall of a building housing an accessory use is a part of the wall of the building housing the principal use, or where an accessory building is attached to the principal-use building, the accessory building shall be counted as part of the principal-use building.
ACCESSORY STRUCTURE. One that is customarily incidental and subordinate to the principal building on the property and is physically detached to the principal building. Accessory structures must be on the same property as the building or use to which they are accessory and may not be used for human habitation. Some common examples of an accessory structure include: garage, workshop, garden shed, gazebo, carport, or pole barn. This list is not inclusive. Other structures may also be considered accessory structures.
ACCESSORY USE. The use of a lot or structures that is incidental and subordinate to the principal use on the same lot, and is either in the same ownership as the principal use or is maintained and operated on the same lot substantially for the benefit or convenience of the owners, occupants, employees, customers or visitors of the principal use.
ADA. The Americans with Disabilities Act.
ADAPTIVE REUSE. Finding a new use for an older building structure, which would be suitable for renovation.
ADULT ENTERTAINMENT. Any form of entertainment which includes nudity or sexual conduct as defined under I.C. 35-49-1, and which is provided in a place accessible to the public, whether in a play, motion picture, video tape or disk, dance, or other exhibition or presentation, and whether in pictures, animated, or live. The term does not include the legal rental or sale of videos or other media that conforms to this definition and that is to be viewed privately at a location other than the point of purchase, and does not include a tavern.
AGRICULTURAL USE.
(1) The use of land for:
(a) The production, keeping, pasturing, confined feeding or breeding of livestock;
(b) The production, planting, growing, cultivating and harvesting of fruits, vegetables and grains for commercial gain or for on-site consumption by livestock;
(c) The production of fish, fowl, animal or dairy products or by-products;
(d) The production of timber for commercial gain;
(e) Commercial aquiculture or commercial viticulture;
(f) The operation of orchards, fisheries, and aviaries for commercial gain; and
(g) Conservation reserve under a state or federal program.
(2) The term does not include:
(a) Nursery, greenhouse or landscaping business;
(b) Horse riding stable;
(c) Hunting or fishing;
(d) Home gardening, including planting, growing, cultivating and harvesting of crops primarily for on-site use or consumption, but not for commercial gain; and
(e) Food processing, slaughterhouse, tannery or the processing of fish or livestock by-products.
ALLEY. A minor public right-of-way which is not greater than 20 feet in width and which provides secondary vehicular access to the rear or sides of lots, and access to utility lines at the rear or sides of lots. The term does not include “street” or “driveway.”
AMUSEMENTS, INDOOR. Participant-oriented recreational and sporting activities conducted primarily in-doors, including but not limited to ice and roller skating, game rooms, arcades, in-door theaters and bowling alleys. The term does not include bars, taverns and night clubs.
AMUSEMENTS, OUTDOOR. Participant- oriented recreational and sporting activities conducted primarily outside, including but not limited to putt-putt or miniature golf; batting cages, swimming pools, basketball courts, roller blading and skate courts, and tennis courts. The term does not include amusement parks, drive-in theaters, campgrounds, resorts, RV parks, animal and auto race facilities, go-cart tracks, picnic areas, and outdoor shooting or target ranges.
ARCHITECTURAL FEATURE. Non-habitable ornamentation or decorative features attached to or protruding from an exterior wall, including roof overhangs, gutters and down spouts, window and door sills, and chimneys.
ARTERIAL ROADS. Wide roads, which have signals at important intersections collecting and distributing traffic from neighborhoods and subdivisions.
AUTO STORAGE YARD. A lot or part thereof used for the temporary storage of damaged, abandoned or impounded motor vehicles. The term does not include a junk yard, salvage yard, or scrap metal processing facility.
BABYSITTING. See CHILD CARE.
BED AND BREAKFAST. A dwelling occupied by the owner or owner’s representative, which provides sleeping accommodations to the public for a fee in accordance with the provisions under I.C. 16-41-31. The term does not include hotels, motels, boarding houses, or food service establishments.
BLIGHTED PROPERTY. Real property, including any building or structure located thereon, which is and continues to be in a state of disrepair or is becoming dilapidated.
BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.
BOARD OF ZONING APPEALS. The advisory Board of Zoning Appeals of the Town of Ellettsville. The term includes BOARDand BZA.
BUFFER. Land area used to visibly separate one use from another through screening and distance; to shield or block noise, light, glare, or visual or other conditions; to block physical passage to non-similar areas, or to reduce air pollution, dust, dirt and litter.
BUILDING. A roofed structure for the support, shelter, enclosure or protection of persons, animals or moveable property of any kind.
BUILDING, AREA. The horizontal area covered by all enclosed buildings on a lot, excluding unenclosed porches, decks, steps, patios and architectural features.
BUILDING, ATTACHED. Two or more buildings combined to form a single structure wherein each part is separated from the rest by a common dividing wall without openings.
BUILDING, DETACHED. A building having no wall in common with another building.
BUSINESS INCUBATOR. Facilities dedicated to the start up and growth of small business. The affordable space and support is usually temporary.
CAMPGROUND. A lot with facilities designed for short-term accommodation of recreational vehicles and other camping activities, but not including siting of mobile homes or permanent structures except those permanent structures that are necessary to support the operation of the campground.
CHILD CARE. The provision of services and care for non-resident persons under the age of 18 in any of the following programs:
(1) BABYSITTING. The provision of child care or babysitting services for a total of not more than five nonresident children for less than 24 hours at any one time.
(2) CHILD CARE CENTER. A non- residential building in which at least 17 children receive care for at least four hours but less than 24 hours pursuant to I.C. 12-7-2-28.4 and 12-17.2. The term includes “child care center” and “day care center.”
(3) CHILD CARE HOME. A dwelling in which, pursuant to I.C. 12-7-2-28.6, 12-7-2-33.7, 12-7-2-33.8 and 12-17.2-5, child care services are provided at any one time for six or more but less than 17 non-resident children for more than four hours but less than 24 hours.
(4) CHILD CARE MINISTRY. A non- residential building in which children receive care provided by a church pursuant to I.C. 12-7-2-28.8 and I.C. 4-22-2.
(5) PRE-SCHOOL. A non-residential building in which child care services are provided for less than 24 hours, and which services do not conform with the criteria for babysitting, a child care center, child care home or child care ministry as defined herein and as regulated under Indiana law.
CHURCH. A non-profit institution organized for religious purposes and incorporated pursuant to I.C. 23-17-1.
CLUSTER PATTERN. Grouping of homes or stores close together without changing the overall density of a large parcel which saves on infrastructure and leaves sensitive environmental areas as greenspace.
CLASS 1 BUILDING. Any building except a specifically exempted building or a one-family or a two-family dwelling, as regulated by the Indiana Department of Fire and Building Services.
CLASS 2 BUILDING. Any building serving only as a one-family or a two-family dwelling, as regulated by the Indiana Department of Fire and Building Services.
CLINIC. A facility for the provision of medical, dental and psychological outpatient diagnosis and treatment.
COMMERCIAL COMPOSTING FACILITY. A facility used by any person for the composting of any vegetative or animal matter or byproduct, and which accepts any matter from any off- premises source, or which is intended for commercial or financial gain.
COMMERCIAL USE. The use of land primarily for wholesale and retail sales and related merchandise storage, business and government offices, the provision of medical and related services, and cultural, religious and social assembly. Secondary and incidental uses include manufacturing, assembly, and processing only as required to support the principal activities, or as required for facility maintenance and repair.
COMMERCIAL VEHICLES. Any vehicle which is registered as commercial under the State Vehicle Code, rated over one ton and having a wheel rim diameter of 17 inches or greater.
COMMUNICATION FACILITIES. Land or structures, including transmission facilities, antennas, towers and related equipment, that utilize or are used to provide commercial wireless communications or commercial wireless telecommunications services, including radio, television, and telephonic transmission facilities.
COMMUNICATION INFRASTRUCTURE. State of the art capital improvements, which facilitate high-speed multimedia and multi purpose communication and information distribution.
COMPREHENSIVE PLAN. The comprehensive plan for the planning and zoning jurisdiction of the town adopted pursuant to I.C. 36-7-4-500. The term includes MASTER PLAN.
COMMUNITY CHARACTER. The visual character of a community, which when protected and enhanced contributes to a sense of place and community identity.
CONVENIENCE MART OR STORE. A retail establishment often about 3,000 square feet wherein small items are made available primarily to the traveling public, and which may also dispense fuel to vehicles to four tons gross vehicle weight or less, but does not include the repair or washing of vehicles.
COUNTY. Monroe County, Indiana. The term includes COUNTY.
CUL-DE-SAC. A dead-end street which is terminated by a vehicle turnaround at the closed end.
CULTURAL, RELIGIOUS AND SOCIAL FACILITIES. Places used primarily for private, member-only or other limited access assembly, or an organization chartered or established by state law, including lodges, churches, clubs, associations, orders or other facilities for civic, social, religious and fraternal organizations. The term does not include schools, extended care facilities, government facilities, taverns or restaurants.
DANGEROUS FENCES. Includes all twisted wires armed with barbs or sharp points, when erected or strung from posts or otherwise to form an obstacle to passage, and other fences with sharp or dangerous extrusions designed to cause injury to repel persons or animals who come in contact.
DAY CARE CENTER. See CHILD CARE.
DEAD-END STREET. A street with only one end open to traffic.
DEPARTMENT STORE. A retail establishment that offers a wide range of goods and related services, excluding heavy retail items such as motor vehicle and heavy machinery sales and services. The term does not include a “convenience mart or store.”
DEVELOPMENT PLAN. The plan presented by a person for the improvement of land in order to comply with the requirements of this chapter, or to qualify a proposed subdivision for approval.
DIRECTOR OF PLANNING SERVICES. This shall be the appointed administrator of the town’s planning, zoning and subdivision regulations.
DRIVE-IN FACILITY. Land and structures which have facilities for the sale, dispensing or serving of food and beverages or other services to automobiles, including but not limited to drive-in restaurants, financial offices and liquor stores. The term does not include a facility that dispenses fuels.
DRIVEWAY. A privately-maintained improved surface for vehicle access from a public street into private property. Includes PRIVATE DRIVE.
DWELLING. A site-built structure or manufactured home comprised of one or more dwelling units in any of the following configurations:
(1) MULTI-FAMILY. A single building designed for more than two separate but attached dwelling units.
(2) SINGLE-FAMILY. A single building designed as a single dwelling unit. The term includes ONE-FAMILY DWELLING.
(3) TWO-FAMILY. A single building designed for two separate but attached dwelling units. The term includes DUPLEX.
DWELLING UNIT.
(1) A permanent structure or part thereof used primarily for residential habitation, having more than one room for cooking, living, sanitary and sleeping purposes, characterized by, but not limited to all of the following:
(a) A unique and single numeric street address for the purpose of locating the dwelling;
(b) A single kitchen adequate for the preparation of meals;
(c) At least one separate room providing sanitary toilet and bathing facilities; and
(d) A tenancy based upon a legal relationship of a unitary nature, i.e., a single lease, single mortgage or contractual sales agreement for the entire premises.
(2) The term does not include rooming or boarding houses, hotels or motels, or bed and breakfast.
EASEMENT. The granting by the owner of land of full or restricted use of the land or a part of the land by the public or by specified persons.
EXTENDED CARE FACILITY. A commercial residential facility which provides long-term or permanent 24 hour per day residential care and health services for the residents. The term includes convalescent, nursing, rest or retirement home and center. The term does not include “group home” or “health maintenance facility.”
FENCE. A structure which utilizes vertical posts of wood or metal together with wire, fence rails, wood or plastic boards, or chain-link, to enclose an area or provide a barrier, and which is not used as a part of another structure.
FENCING. May be naturally grown or constructed of vegetation, construction materials or combinations thereof: wood, metal, fiberglass or masonry materials, and their placement, which borders a property acts as a barrier. The finished side of a fence is the side whose framing, supports or posts are not visible.
FINAL PLAT. The map, drawing and plan of an area, and any accompanying material submitted to the Plan Commission for secondary approval, and which if approved and signed by the designated officials, is to be submitted to the Monroe County Recorder for recording as the official plat of a new subdivision of land.
FLOOD PLAIN or 100-YEAR FLOOD. A low area which naturally floods at regular intervals and is likely to have a 6.4" rain event over 24 hours causing flooding every 100 years.
FLOOR AREA. The total number of square feet of floor space within the surrounding walls of a building or structure or portion thereof exclusive of vents, shafts and courts.
FOOD SERVICE ESTABLISHMENT. An indoors place of general public gathering in which the serving of food is the primary service provided, and where the serving of alcoholic beverages or the provision of entertainment are incidental. The term includes a deli, restaurant, or soup and sandwich shop. The term does not include bars or taverns, drive-in food facilities, or cultural, religious and social organizations, or adult entertainment.
GARAGE. An attached or detached accessory building which is used primarily to house the vehicles and personal items belonging to the occupants of the associated dwelling or the occupants of the related commercial buildings. The term does not include “parking facility.”
GARAGE SALE. A sale of various items of personal property by the owner or occupant of premises in an area zoned residential. Contains items of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of the sale. The definition includes yard sales, lawn sales, attic sales, rummage sales, flea markets, and moving sales. The definition further includes items displayed for sale on a lawn or in a garage.
GARBAGE. Putrescible animal and vegetable wastes resulting from handling, preparation, cooking, and consumption of food.
GENERAL PROPERTY MAINTENANCE. Homes on which the condition of the paint has become so deteriorated as to permit decay, excessive cracking, peeling, dry rot, warping or termite infestation should be repaired and repainted. Yard areas should be maintained with healthy landscaping.
GROUP HOME. Residential accommodations for the developmentally disabled and the mentally ill, regulated pursuant to I.C. 12-28-4.
HALFWAY HOUSE. A residential facility regulated by state or federal law which is used as civil-commitment temporary housing for parolees or any other person under the control or direction of any government correctional agency which places limits on the parolee or person’s freedom of movement into and out of the temporary residential facility as a condition of their assignment to the residential facility, whether for rehabilitation or any other purpose. The term does not include a “group home.”
HEALTH AND FITNESS FACILITY. A commercial gymnasium or other commercial facility which provides physical fitness or personal fitness training or accommodations for the public or for private membership.
HEALTH MAINTENANCE FACILITY. A commercial facility which provides short-term inpatient and outpatient mental, physical and rehabilitation health services without long-term residential care functions. The term includes a hospital, inpatient clinic and rehabilitation clinic or facility. The term does not include an “extended care facility” or “health and fitness facility.”
HOME OCCUPATION. The incidental and secondary use of part of a dwelling for limited non- residential activities.
HORSE RIDING STABLE. A facility used for keeping horses for pleasure riding, whether for commercial or personal use, but not for the production or breeding of stock.
HOUSING CLUSTER PATTERN. A grouping of homes close together without changing the overall density of a large parcel of land, which saves on infrastructure and leaves sensitive environmental areas as greenspace.
HISTORICAL ZONING. A zoning district applied in Ellettsville to protect the integrity of historical limestone buildings.
I.C. Indiana Code.
IMMINENT DANGER. A condition which could cause serious or life threatening injury or death.
IMPROVEMENT. Any building, structure or improvement of land, constituting a physical betterment of real property, or any part of such betterment.
INDUSTRIAL USE. The use of land primarily for manufacturing, assembly, processing, storage or warehousing activities, with incidental uses including wholesale and retail sales, and services required to support the primary use. The term does not include the primary use of land for residential, agricultural or commercial purposes.
INOPERATIVE VEHICLES. One that has flat tires, engine failure, electrical malfunction, expired registration, or missing parts.
JUNK. Discarded, broken or disabled items, including, but not limited to, furniture, appliances, toys, vehicle parts, building materials, tools, machinery parts or other items that are not in functioning condition.
KARST. A rolling landscape developed over soluble limestone, which has few surface streams. KARST AREAS have many sinkholes leading underground into caverns. KARST AREAS are very environmentally sensitive; especially from polluted surface runoff and sediment discharges.
KENNEL.
(1) A lot or any part of a lot or structure thereon used for boarding, breeding, buying, keeping, letting for hire or training of a total of more than five dogs and/or cats that are six or more months of age, whether or not regulated and licensed pursuant to I.C. 15-5-9 and other laws.
(2) The term does not include “pet shop.”
LIVESTOCK. Domesticated farm animals, including but not limited to buffalo, oxen, horses, donkeys, mules, cattle, ostrich, mink, swine, sheep, turkeys, and poultry, and any animal which is bred in any part from an animal listed herein.
LOT. A piece, parcel, tract or plot of land or remnant thereof defined by metes and bounds in a recorded deed, or by boundary lines on a recorded plat. Two or more parcels or tracts described by metes and bounds which are contiguous and held in singular ownership shall be considered to be a single lot unless having been:
(1) Divided into separate lots prior to the implementation of subdivision regulations;
(2) Previously approved as separate lots by a Plan Commission; or
(3) Divided into separate lots in accordance with the then-prevailing subdivision regulations.
LOT, CORNER. A lot located at the intersection of two or more streets or dedicated rights-of-way for streets.
LOT, DOUBLE FRONTAGE. A lot having frontage on two non-intersecting streets or dedicated rights-of-way for streets, as distinguished from a corner lot.
LOT, INTERIOR. A lot other than a corner or double frontage lot.
LOT OF RECORD. A lot, the deed for which has been recorded in the office of the County Recorder at the time of adoption of this chapter, and which was either:
(1) Part of a subdivision, the plat of which is recorded in the office of the County Recorder; or
(2) A lot described by metes and bounds, and which complies with one of the following:
(a) Was approved by a Plan Commission;
(b) Was created in accordance with the then-applicable provisions of a subdivision control ordinance; or
(c) Was created prior to the existence of a Plan Commission or subdivision control ordinance.
LOT WIDTH. The shortest distance between the side yard lot lines as measured along a line that is parallel to the front yard lot line.
MAJOR VEHICLE REPAIR. Any maintenance, repair or replacement not listed in the definition of “minor vehicle repair” in this section, including, but not limited to, the removal of engines, rebuilding of engines, repair of the internal components, repair or removal of differentials or axles, dismantling of vehicles, and body work.
MANAGED. As used in this section means a planned and designed yard or landscape with the intent to control, direct, and maintain the growth of natural vegetation.
MANUFACTURED HOME.
(1) A dwelling built primarily in a factory, which complies with all of the following:
(a) Has a seal certifying that it was built in compliance with the federal Manufactured Housing Construction and Safety Standards Law of 1974;
(b) Has the required state and/or U.S. Department of Housing and Urban Development (HUD) seals certifying the structure for residential use in the state;
(c) Was constructed after January 1, 1981; and
(d) Exceeds 950 square feet of occupied space.
(2) The term does not include “recreational vehicle” or “mobile construction office.”
MANUFACTURING AND PROCESSING OPERATION. An industrial use of land for molding, stamping, machining cutting, milling and otherwise making and processing raw or non-finished materials into the next step of refinement of value-added products. Storage, wholesale sales and retail sales are incidental to manufacturing and processing operations.
MINOR VEHICLE REPAIR. Maintenance, repair or replacement of the alternator, generator, starter, water pump, battery, brakes or part thereof; minor tune-up (which consists of distributor cap, motor and spark plug replacement); change of oil and filter, fan belt, or hoses; lamp replacement; repair of flat tires; lubrication.
MOBILE CONSTRUCTION OFFICE. A vehicle that was constructed as a transportable office and which is:
(1) Supported by the vehicle's wheels and axles, or other temporary supports, for occupancy;
(2) Certified by the State of Indiana as an Indiana Mobile Off-Site Fabricated Structure; and
(3) Used as an on-site construction management office. The term does not include a “manufactured home,” “mobile home” or “recreational vehicle.”
MOTOR VEHICLE. Any self-propelled vehicle designed primarily for transportation of persons or goods along public streets or other public ways. MOTOR VEHICLE does not include motorized wheelchairs, bicycles, tricycles or quadracycles, farm tractors or other agricultural implements.
MUNICIPAL DISTRICT. The use of land owned by the Town of Ellettsville primarily for town usage and includes government offices, operating and storage facilities, and public parks.
NATURAL WOODED AREAS. Complex ecosystems in which trees are the dominant life form interacting with animals and other plants in a delicate balance. NATURAL WOODED AREAS are comprised of native deciduous forests, coniferous forests, shrubland forests, and mixed hardwood-coniferous forests.
NATURE PRESERVE. A nature preserve is a protected area of importance for wildlife, flora, fauna or features of geological or other special interest, which is reserved and managed for conservation and to provide special opportunities for study or research. NATURE PRESERVES may be designated by government institutions, or by private landowners, such as charities and research institutions.
NET LOT AREA. The area, measured horizontally, covered by a lot, excluding that part of the lot which lies within a right-of-way for a street, alley or other use, and which right-of-way has been dedicated for public use or defined by prescriptive use. The term shall include LOT AREA.
NON-COMPLYING STRUCTURE. A structure which does not comply with one or more of the terms of this chapter with respect to size, bulk, density or setback.
NON-CONFORMING USE. A legally existing use of land or structures which does not conform with the permitted uses and provisions applicable to the zoning district in which the use is located on the date of adoption of this chapter.
NURSING HOME. See EXTENDED CARE FACILITY.
OCCUPIED SPACE. The total area of earth horizontally covered by an enclosed dwelling, excluding attached or detached accessory structures, patios, porches, decks, add- a-rooms (tip-outs), fences, architectural features, and any attachments or devices required solely for the construction or movement of a structure.
ONE AND TWO FAMILY DWELLING CODE. The Indiana One and Two Family Dwelling Code, 1997 Edition, as amended.
ONE WAY PAIR. Split of a major highway thoroughfare into one way streets each going a different direction. Sometimes these streets are called couplets (St . Hwy. 46 through Ellettsville).
OPEN SPACE. The total area on a lot, measured horizontally, which is not covered by structures.
OUTDOOR STORAGE. Covers a broad spectrum, but in general it is considered to be anything that is not normally found in residential yards and on porches, or around business premises. This could include construction materials, auto parts, appliances, unused indoor- type furniture and the clutter of various personal items or stacks of containers in plain view, among other things. In residential zones, equipment regularly used for lawn maintenance, outdoor furniture, children’s toys, bicycles and neatly stacked firewood are not generally considered to be outdoor storage.
OWNER. Any person having legal title to, controlling interest in, or sufficient proprietary interest in land.
PARKED. Placed or left standing for any period of time.
PARKING FACILITY. A lot or structure intended to be used for the temporary parking of vehicles, exclusive of any part of a street or alley. The term does not include a garage, driveway, auto storage yard, salvage yard, or any area used for vehicle repair or servicing.
PARKING SPACE. The actual area available for parking one automobile, exclusive of any maneuvering areas or driveways.
PASTURING OF LIVESTOCK. The keeping of livestock where they have routine access to open pasture land for feeding off the land, where ground cover or vegetation is sustained over more than 50% of the animal confinement area. The term does not include confined feeding.
PAVED. Treated or covered with concrete, asphalt, or other similar material approved by the Director of Planning.
PAWN BROKER.
(1) A primarily retail or wholesale establishment that accepts merchandise on deposit in exchange for cash, goods, or as security for a loan, including terms for possible future redemption. The term includes PAWN SHOP.
(2) The term does not include any registered financial institution including but not limited to a bank, credit union or brokerage.
PEDESTRIAN STYLE COMMERCIAL. A commercial style district which has a focus on sidewalks, street trees, benches, and lighting which encourages shoppers to walk and stroll feeling a sense of safety from street traffic.
PERMANENT FOUNDATION. A structural support system for a building which:
(1) Transfers loads imposed by the building to the earth;
(2) Has a lower surface placed below the frost line;
(3) Secures the building to the foundation such that the building becomes part of the real property; and
(4) Is assessed for taxation as an improvement to the real property.
PERSON. An individual, agency, partnership, corporation, group, organization, governmental entity, trust, estate, or any other legal or commercial entity.
PET SHOP. A retail establishment that offers for sale dogs, cats, birds, reptiles, other small animals and fish, which are intended to be kept as pets, and products which are incidental to the sale of the pets. The term does not include the operation of a kennel or the management of livestock.
PETITIONER. The person proposing to subdivide a lot into more than one lot, and/or applies for development plan approval or plat approval. The term shall include DEVELOPER.
PLAN COMMISSION. The advisory Plan Commission of the town. The term includes COMMISSION and PC.
PRELIMINARY PLAT. A proposed layout of land in a drawing which together with other information required in the subdivision control ordinance is to be submitted to the Plan Commission for review and primary approval.
PRE-SCHOOL. See CHILD CARE.
PRIMARY APPROVAL. An approval with or without conditions imposed, granted to a subdivision plat and development plan by the Plan Commission after having determined at a public hearing that the plan and plat comply with the standards prescribed in this chapter and the subdivision control ordinance.
PRIVATE SWIMMING POOL. Any swimming pool located on private property under the control of a single homeowner or his or her tenant.
PROFESSIONAL OFFICE. An office used for administration of business matters and for meeting and consultation with clients, including but not limited to accountants, architects, artists, attorneys, brokers, engineers, insurance agents, musicians, photographers, and realtors. The term includes BUSINESS OFFICE.
PROHIBITION OF BLIGHTED PROPERTY. No person, firm or corporation, whether as owner, agent or manager of the subject property, or as lessee, sub lessee or occupant in possession of the property shall maintain any residential property in a blighted condition or shall permit that property to be blighted. No person, firm or corporation shall take any action or allow any action to be taken in violation of any provision of this chapter or order issued pursuant thereto.
PUBLIC NUISANCE. Any property that is a blighted property pursuant to the provisions of this section is hereby declared and determined to be a public nuisance.
PUTRESCIBLE SUBSTANCES. Substances which are subject to organic decomposition.
RECREATIONAL VEHICLE. Any camping trailer, motor home, mini-motor home, travel trailer, truck camper, or similar type of vehicle.
RECREATIONAL VEHICLE PARK. A place with accommodations for the temporary siting of recreational vehicles, including but not limited to electrical, sanitary sewer and water facilities designed to serve recreational vehicles. The term includes RV PARK.
REGULATED VEGETATION. May include but are not limited to brush, vines, shrubs, thistles,
burdock, jimson weed, ragweed, milkweed, mullein, poison ivy, poison oak, poison sumac, pokeberry, grass or other plant species which may potentially create, directly or indirectly, a health hazard or may endanger public safety.
REFUSE. All putrescible and non- putrescible wastes, including animal wastes, garbage, rubbish, and dead animals.
RESIDENTIAL FAMILY. Domestic association of individuals including roommates not on a formal lease.
RESIDENTIAL USE. The primary use of land for dwellings, and on which all other uses are secondary and incidental to the residential use.
RESTRICTIVE COVENANTS. Limitations of various kinds on the usage of lots or parcels of land within a subdivision which are proposed by the petitioner, or which are required by the Plan Commission for public health, safety, and welfare, and which are recorded with the plat and run with the land.
RETAIL SALES. The principal use of a structure or land for the sale of services, commodities or goods to the final consumer, and where assembly, processing, repair and storage are incidental and subordinate to the merchandising and sales.
RIGHT-OF-WAY (ROW). A strip of land occupied or intended to be occupied by a street or alley, transportation support facilities such as signs and signals, public utilities, or other special public uses. A land owner shall not build a permanent structure in the right-of-way.
RUBBISH. Non-putrescible solid wastes consisting of both combustible and non- combustible wastes, such as paper, cardboard, tin cans, wood, glass, bedding, crockery, construction debris, and similar materials.
SALVAGE YARD.
(1) The use of land for any one or more of the following:
(a) Storage, abandonment, processing, disassembly, reuse and/or resale of discarded matter, including metal, wood, glass, paper or other similar materials.
(b) Possession of two or more inoperable vehicles for more than 30 days.
(c) Wrecking or dismantling of a vehicle for resale, or the selling of any major component parts of the vehicle, including the engine, transmission, body-chassis, doghouse (front assembly), rear-end, or frame.
(d) Rebuilding wrecked or dismantled vehicles.
(e) Engaging in the business of storing, disposing, salvaging, or recycling of vehicles, vehicle hulks, or the parts of vehicles except for a bona fide auto repair or auto sales facility.
(2) The term includes JUNK YARD and WRECKING YARD.
SCHOOL. Any state certified public, parochial or private institution which offers courses of instruction at least substantially equivalent to the courses offered in public primary, grammar, middle or high schools, or substantially equivalent to the courses offered by a preparatory school, academy, trade or business school, college or university, and which is intended to provide students with a certificate of completion or academic degree recognized by the state.
SECONDARY APPROVAL. The formal approval by the Plan Commission of the plat of a subdivision or a phase thereof in which the construction of required infrastructure complies with
the terms of the primary approval, and which if approved and signed by the designated officials may be submitted to the Monroe County Recorder for filing. The term includes FINAL APPROVAL.
SETBACK LINE. A line parallel to and equidistant from the relevant lot line (front, rear, side), and which establishes a yard.
SIGHT DISTANCE TRIANGLE. The area formed at a corner intersection of a public right-of-way and a driveway, alley or other public or private right-of-way, whose two sides are 20 feet, measured along the right-of-way line of the street and the edges of the driveway, and whose third side is a line connecting the other two side.
SIGN. An use of a placard, wall, banner, balloon, or other device or structure or part thereofwhich forms, or on which is located graphics, symbols, lights, words and/or numbers intended to convey information to the public, and which announces, notifies, or advertises a person, organization, company, group, establishment, structure, product, goods or services, or which offers an opinion or other message.
SPA. A pool designated for recreational or therapeutic use or physiological or psychological relaxation that is not drained, cleaned and refilled for each user. Common terminology for a spa includes but is not limited to therapeutic pool, hydrotherapy pool, whirlpool, hot spa and hot tub. Such spas are shallow in depth and not intended for swimming or diving.
SPECIAL EXCEPTION. An exception from the terms of this chapter granted by the Board of Zoning Appeals in the classes of cases specified in this chapter.
SPORTS FACILITY. Recreational and sporting activities which require large tracts of land and/or provide accommodations for a significant number of observers, including but not limited to: animal, auto, truck and tractor racing facilities; go-cart tracks; golf
courses; and baseball, basketball, tennis, softball, soccer and football fields or stadiums.
STATE OF DISREPAIR. In a physically deteriorating condition which, if left unabated, would cause an unsafe or unsanitary condition or a nuisance to the general public which may be evidenced by one or more of the following conditions:
(1) Multiple missing, broken or boarded up windows and/or doors;
(2) Collapsing or missing walls or roof;
(3) Seriously damages or missing sidling;
(4) Fire or water damage;
(5) Infestation by rodents or other pests;
(6) Excessive amounts of garbage or trash on the property;
(7) Is in inoperative or unregistered motor vehicles or inoperable boats, parked, kept or stored on the premises unless garaged or the premises is properly permitted as a junk yard;
(8) Commercial parking lots left in a state of disrepair or abandonment; and
(9) Vacant buildings or structures left unsecured or unguarded against unauthorized entry.
STORAGE OF DEBRIS. Any materials, but not limited to, broken or discarded furniture, appliances, vehicle parts, household items, trash, rubble, debris, cardboard boxes, cut or dead vegetation.
STORMWATER DETENTION. The temporary containment of rainwater in a system designed to control the rate of discharge of the water. Rooftops and hard surfaces increase runoff which must be captured in detention ponds before the water is allowed to slowly leave the site through natural channels.
STORMWATER FILTERING. All stormwater must be relatively clean when entering a natural stream. Sediment and pollution must be mitigated and reduced by the use of grass swales or sand bed filters.
STORY. The portion of a structure included between the upper surface of any floor and the upper surface of the floor next above; also, any portion of a building used for human occupancy between the topmost floor and the roof. A basement shall not be counted as a STORY, except when the average elevation of the finished grade on the lot around the walls of the structure covers 50% or more of the vertical distance between the floor of the basement and the floor of the first story above the basement.
STREET. The improved part of a public right-of-way used primarily as a thoroughfare for vehicular traffic, which may also provide the principal means of access to more than one lot. The term includes ROAD, THOROUGHFARE, HIGHWAY, AVENUE and CUL-DE-SAC. The term does not include “driveway” or “alley.”
STRUCTURE. Anything constructed, installed or erected which requires location on the ground or attachment on something having location on the ground, including but not limited to buildings, walls, fences and signs.
SUBDIVISION. The division of a lot into two or more lots, parcels, sites, units, plats, or interests for any purpose, and whether recorded by deed, metes and bounds description, device, lease, map, plat, or other recorded instrument.
SUBDIVISION CODE. The subdivision control regulations of the town. The term includes SUBDIVISION ORDINANCE and SUBDIVISION REGULATIONS.
SWIMMING POOL. Any permanent depression in the ground or any permanent above or below ground container in which water more than 18 inches deep is contained and which is used primarily for the purpose of bathing or swimming.
TAVERN. A place of general public gathering in which the serving of alcoholic beverages is the primary service provided, and the serving of food or provision of entertainment are incidental. The term includes BAR. The term does not include food service establishments, or cultural, religious or social organizations, or adult entertainment.
TEMPORARY SUPPORT. A structural support system for a building which:
(1) Transfers loads imposed by the structure to the earth;
(2) Has a lower surface placed above the frost line; and
(3) Permits the movement or relocation of the structure in a reasonable amount of time.
TEMPORARY USE. A use specified in this chapter as temporary, as distinguished from the same use when permitted in full compliance with all applicable zoning, site plan, construction and permitting criteria. TEMPORARY USES shall include, but not be limited to non- permanent signs, and uses conducted from or within tents, trailers, vehicles, mobile construction offices, and other temporary structures not erected under the state and local permit processes for permanent buildings.
TRAILER. Any vehicle which is drawn by or used in connection with a motor vehicle and not designed for human occupancy.
TRANSFER STATION. Any facility at which solid waste is transferred from a vehicle or container to another vehicle or container for transportation or from one mode of transportation to another, including the transfer of a trailer, container, or waste from rail to road transportation.
TURF GRASS. Grasses commonly used in regularly cut lawns or play areas, such as, but not limited to bluegrass, fescue, and ryegrass blends.
UNDERFLOOR SPACE. The space between the bottom of the floor joists of a building and the earth.
URBAN SPRAWL. Land uses built at a distance from supportive infrastructure. SPRAWL depends on the extensive use of the automobile since needed services are at a distance. SPRAWL is expensive to serve with utilities and other services.
USE. The purpose or activity for which a structure or land is occupied or maintained at the time of and as permitted after adoption of this chapter.
VARIANCE. A granting by the Board of Zoning Appeals to a petitioner of the right to deviate from the terms of this chapter concerning the use of land or the development of land.
WAREHOUSE. A building with one or more storage spaces each of which is more than 200 square feet in area, used primarily for the storage of goods, equipment, food and materials, and in which there is no manufacturing or processing except as required to maintain and repair the structure. The term does not include “mini-warehouse.”
WAREHOUSE, MINI. A facility which provides multiple individual storage spaces each of which is 200 square feet or less in area, separated by permanent interior partitions, with individual access to each storage space, and used for the storage of personal belongings, but not as an accessory use to commercial or industrial activities. The following are prohibited in mini- warehouses:
(1) Manufacturing or processing;
(2) Use as a residence; and
(3) Storage of food, combustible, explosive or hazardous materials.
WASTEWATER TREATMENT FACILITY. A facility regulated by the state for the holding and treatment of wastewater from human, industrial or any processing activity. The term does not include an
individual onsite wastewater disposal system, a manure management system for livestock, or the components such as pipes and pumps required for the collection and transfer of wastewater to the treatment facility.
WATERSHEDS. A watershed is the area of land where all of the water that is under it or drains off of it goes into the same place. WATERSHEDS come in all shapes and sizes. They cross county, state, and national boundaries.
WEEDS AND UNSIGHTLY VEGETATION. Weeds and vegetation, such as trees, shrubbery, or grass, which is overgrown, dead, decayed, or diseased.
WHOLESALE SALES. The sale of commodities to a retailer, manufacturer or processor, but not to the final consumer, for resale.
YARD.
(1) The open space on the same lot with a structure, which space is unoccupied and unobstructed by any part of any structure from the ground to the sky, between the property line or right-of-way line and the relevant setback line.
(2) Types of yards include:
(a) FRONT YARD. The yard extending across the full width of a lot, between the foremost part of the nearest building and the lot line which runs adjacent to the right- of-way which the building faces, or in the case of a lot which is not adjacent to a right-of-way, the lot line which lies in front of the nearest building. The depth of the front yard shall be measured as the least distance between the lot line so described and the foremost portion of the nearest building.
1. PRIMARY FRONT YARD. On properties with multiple street frontages, the portion of the front yard adjacent to the primary building entrance, extending the width of the yard.
2. SECONDARY FRONT YARD. On properties with multiple street frontages, the portion of a front yard that is not considered the primary front yard.
(b) REAR YARD. The yard extending across the full width of the lot between the rearmost part of the nearest building and the lot line behind the building, the depth of which shall be measured as the least distance between the rear lot line and the rearmost portion of the nearest building. There shall be only one rear yard.
(c) SIDE YARD. The yard extending between the front yard and the rear yard, and between the nearest building and the side lot line or, in the absence of a side lot line, the right-of-way line nearest the side of the principal building.
YARD WASTE. Includes leaves, grass clippings, stumps, roots or shrubs with root balls, garden debris and brush.
ZONING CODE. The official zoning regulations of the town. The term includes ZONING ORDI-NANCE and ZONING REGULATIONS.
ZONING DISTRICTS MAP. The official map of the town, which delineates the zoning districts within the territorial jurisdiction of the Plan Commission.
(Ord. 03-05, § 807, passed 5-27-2003; Am. Ord. 10-05, passed 4-12-2010; Am. Ord. 2013-17, passed 2-24-2014; Am. Ord. 2015-01, passed 2-23-2015; Am. Ord. 2018-02, passed 3-26- 2018; Am. Ord. 2019-07, passed 3-25-2019)