For the purpose of this Title XV the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A public right-of-way and thoroughfare, other than a street, road, crosswalk or easement, which provides only secondary means of access to the abutting properties.
ACCESSORY BUILDING and USE. A building or use subordinate to another structure or use located on the same lot and which does not change or alter the character of the premises and which is not used for human occupancy. Also, all satellite television receiving-only antennas shall be defined as an accessory structure on a lot.
ADVERTISING STRUCTURE or SIGN. Any notice or advertisement, pictorial or otherwise, and all such structures used as an outdoor display, regardless of size and shape, for the purposes of making anything known, the origin or place of sale of which may or may not be on the property with such advertising structures.
AGRICULTURE. The art or science of cultivating the ground, and raising and harvesting of crops, also often including feeding, breeding, and management of livestock; tillage; husbandry; farming; in a broader sense, the science and art of the production of plants and animals useful to man.
AGRICULTURAL BUILDING. A structure utilized for the conduct of farming operations, but it does not include a dwelling.
AIRCRAFT. Any contrivance, now known or hereinafter invented, for use or designed for navigation of or flight in the air or outer space, including missiles.
AIRPORT. Any area which is used or intended to be used for the taking off and landing of aircraft, including helicopters, and any appurtenant areas which are used or intended to be used for airport buildings or facilities, including open spaces, taxiways and tie-down areas.
APARTMENT. A building or portion thereof designed for, or occupied by more than two families. Also, a multi-family dwelling.
APPEALS BOARD. The Board of Zoning Appeals.
ARTIFICIAL LAKE. A man-made body of water fed by a watercourse.
BASEMENT. That portion of a building or structure which is partially or wholly underground (below grade).
BLOCK. A land area bounded by streets, places, railroads, waterways or other barriers, which set the area apart from adjacent areas.
BLOCK FRONTAGE. Property having frontage on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, waterway, or other barrier.
BOARDING HOUSE. A place of residence, which furnishes room, meals, laundry, etc., for compensation, for three or more persons, but not exceeding 12 persons, not open to transients, in contradistinction to hotels, motels, and restaurants.
BOND, SUBDIVISION. A personal or corporate surety agreement between a subdivider and such surety in favor of a governmental body guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.
BUILDING. A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels or other property.
BUILDING AREA. The maximum horizontal projected area of the principal and accessory building, excluding open steps or terraces, unenclosed porches not exceeding one story in height, or architectural appurtenances projecting not more than two feet.
BUILDING, DETACHED. A building having no structural connection with another building.
BUILDING LINE/BUILDING SET-BACK LINE. The line that established the minimum permitted distance on a lot between the front line of a building and the street right-of-way line.
BUILDING, HEIGHT OF. The vertical distance measured from the lot ground level to the highest point of the roof for a flat roof, to the deck line of a mansard roof, and to the mean height between eaves and ridges for gable, hip and gambrel roofs.
BUILDING PERMIT. A permit signed by the Director of Community Development or his designee stating that the permitted improvements or proposed construction complies with all applicable provisions of this chapter.
BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which said building is situated. Where a substantial part of an accessory building is attached to the principal building in a substantial manner, as by a roof, such accessory building shall be counted as a part of the principal building.
BUSINESS. The engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services; the maintenance or operation of offices, or recreational and amusement enterprises for profit.
CAMPING GROUND. A parcel of land used or intended to be used for temporary occupancy by campers, or for temporary occupancy by or of recreational vehicles, travel trailers, mobile homes, tents, cabins, or other temporary accommodations.
CAR WASH. A structure, or portion thereof, containing commercial facilities for washing automobiles, using production line methods with a chain conveyor, blower, steam cleaning device or other mechanical devices; also including a manually operated car wash facility.
CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.
CERTIFICATE OF OCCUPANCY. A certificate signed by the Director of Community Development or his designee stating that the land, building or structure complies with the applicable provisions of the this code, and the said land, building or structure is acceptable for the proposed use and occupancy.
CITY. The City of Fishers, Indiana; the City Council.
CLINIC. An establishment in which patients are admitted for medical or dental study or treatment and in which the services of at least two physicians, dentists or chiropractors and other medical practitioners are provided.
CLUB. Buildings and facilities owned or operated by a person for a social, educational, or recreational purpose, but not primarily for profit or to render a service, which is customarily carried on as a business.
COMMISSION or PLAN COMMISSION. The Fishers Advisory Plan Commission.
COMPREHENSIVE PLAN. The complete plan, or any of its parts, for the development of the city, prepared by the Commission and adopted in accordance with IC 36-7-4-500 et seq. as it now or may hereafter be in effect.
CONCEPT PLAN. A plan to be submitted by the applicant for a subdivision or development of land, which shows the proposed land use, density, circulation, natural characteristics and typical development of the area to be developed, as well as adjacent affected properties, traffic, and all utilities.
CONCEPTUAL DEVELOPMENT PLAN. A conceptual site map preparatory to the preparation of the preliminary plat showing land uses, basic vehicular and pedestrian traffic plans, drainage, and bufferyards.
CONDITIONAL USE. A use permitted within a district other than a principally permitted use requiring approval of the Board of Zoning Appeals because of its unusual nature.
CONDOMINIUM. One or more structures, each structure having two or more dwelling units or other units for occupancy and wherein provisions have been made for separate ownership of each individual dwelling unit or occupancy unit. A type of ownership.
COUNCIL. The City Council of Fishers, Indiana.
COOPERATIVE. A type of ownership characterized by collective ownership of an object by an organization whose members share in the profits or other benefits of said collective ownership.
DECIBEL. A unit of measurement of the intensity of loudness of sound. Sound level meters are used to measure such intensities and are calibrated in decibels.
DETAILED DEVELOPMENT PLAN. Includes all elements of both a Conceptual Development Plan and Preliminary Plat, in addition to the following: the proposed locations and sizes of all buildings, structures, and yards; topographic map; location and dimension of the building lines and easements; widths and lengths of all entrances and exits to and from said real estate; location of all adjacent or adjoining streets, service facilities; and other improvements such as planting areas and bufferyards.
DEVELOP. To make a development; also to grade, fill, install, construct or otherwise cause to be changed, the parcel of ground, or structure for the purpose of changing or modifying its occupancy or use.
DEVELOPER or SUBDIVIDER. Any person engaged in developing or improving a lot or group of lots or structures thereon for use of occupancy.
DEVELOPMENT PLAN. A drawing, including a legal or site description, of the real estate involved, which shows the location and size of the following, both existing and proposed: all buildings, structures and yards; location and dimension of building lines and easements; widths and lengths of all entrances and exits to and from said real estate; location of all adjacent or adjoining streets, service facilities and other improvements such as planting areas, and other amenities as hereinafter set forth.
DRIVE-IN ESTABLISHMENT. Any place or premises used for the sale, dispensing, or serving of food, refreshments, beverages or services in automobiles, including those establishments where customers may serve themselves and may carry out or consume the above, on or off the premises.
DWELLING. A building, or portion thereof, used primarily as a place of abode for one or more human beings, but not including hotels or motels, lodging or boarding houses or tourist homes.
DWELLING, SINGLE FAMILY. A detached residential dwelling unit designed for and occupied by one family only.
DWELLING, TWO FAMILY. A detached residential building containing two dwelling units designed for occupancy by not more than two families.
DWELLING, MULTI-FAMILY. A residential building designed for, or occupied by, three or more families, with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING UNIT. One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
EASEMENT. A grant by the property owner of the use of a strip of land by the public, a corporation, or persons, for specified purposes.
EDUCATIONAL INSTITUTION. Public or parochial pre-primary, primary, grade, junior-high, high preparatory school or academy; junior college, college or university, if public or founded or conducted by or under the sponsorship of a religious or charitable organization.
FAMILY. A group of one or more persons occupying a building and living as a single housekeeping unit. No unrelated group living as a single housekeeping unit shall consist of more than three persons.
FARM. A tract of land comprising an area which is devoted to agricultural operations, such as forestry, the growing of crops, pasturage, the production of livestock and poultry, the growing of trees, shrubs and plants, and other recognized agricultural pursuits and including accessory buildings essential to the operation of the farm. Accessory buildings may include barns, equipment and animal sheds, farm residences for the owner, operator or farm assistants, roadside sales structure for the sale of products of the farm, and signs displaying subject matter directly related to the name of the products of the particular farm, but not including industrial or commercial operations or structures.
FEED LOT, CONFINEMENT FEEDING. Any operation involving the production of livestock, fowl or related operations, indoors or outdoors, wherein more than 50 head of livestock or 1,000 fowl are kept within buildings or structures or in paved or unpaved feed lots, wherein five square feet or less of feed lot area is provided per laying hen, or eight square feet or less per hog weighing 225 pounds or less, or 15 square feet or less per sheep, or 50 square feet or less per sow, or 50 square feet or less per feeder steer, or 100 square feet or less per dairy cow, provided that this definition shall not apply to operations involved with the processing of products of feed lot operations.
FENCE. A freestanding device made of metal, masonry, composition or wood or any combination thereof, resting on, or partially buried in the ground and rising above ground level, and used for confinement, screening protection or partition purposes.
FILLING STATION, SERVICE STATION. Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail. Uses permissible at a service station do not include major mechanical and body work, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in service stations.
FINAL DEVELOPMENT PLAN. See Secondary Plat; the maps, drawings, and textual description accompanying a subdivision plat showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements as stated in Chapter 153 of this code. In addition, the final and formal presentation of the map, plan or record of a subdivision.
FLASHPOINT. The lowest temperature at which a combustible liquid under prescribed conditions will give off a flammable vapor which will burn momentarily using the closed cup method.
FLOOD or FLOOD WATER. The water of any lake or watercourse which is above the banks and/or outside the channel and banks of such lake or watercourse.
FLOOD HAZARD AREAS. The flood plain areas that have not been adequately protected from flooding by means of dikes, levees, reservoirs and other works approved by the Indiana Natural Resources Commission, as identified on the appropriate maps.
FLOOD PLAIN. The land adjacent to a body of water which has been or may be subject to periodic and predictable inundations of flood water at frequent intervals, including but not limited to the regulatory flood. The flood plain (FP) district contains the above area.
FLOOD PLAIN DISTRICT. A zoning district superimposed on all other districts which creates greater restrictions to comply with flood protection measures.
FLOOD PROTECTION GRADE. The elevation of the lowest point around the perimeter of a building at which flood water may enter the interior of the building.
FLOODWAY. The area designated by the Indiana Natural Resources Commission as the commission floodway. The floodway (FW) district contains the above area.
FLOOR AREA NET. The total area, computed on a horizontal plane, used for a particular occupancy category; exclusive of entrances, hallways, stairs and other accessory areas used for ingress or egress.
FREE BURNING. A rate of combustion described by a material which burns actively and easily supports combustion.
GARAGE, PRIVATE. A detached accessory building or an attached portion of a main building on the same lot as a dwelling for the housing of vehicles of the occupants of the dwelling, including carports.
GARAGE, PUBLIC. Any garage other than a private garage.
GARAGE, AUTOMOBILE REPAIR. A building other than a private garage used for the care, repair, or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire, or sale.
GARAGE, TRUCK REPAIR. A building other than a private garage used for the care, repair, or equipment of trucks, over one ton, or where such vehicles are parked or stored for remuneration, hire, or sale.
GROUND FLOOR AREA. The square foot area of a residential building within its largest outside dimensions computed on a horizontal plane at the ground floor level, exclusive of open porches, breezeways, terraces, garages and exterior stairways.
HEALTH OFFICER. Any officer of authority, Hamilton County Health Department, and/or the Indiana State Board of Health.
HOME OCCUPATION. An accessory use conducted entirely within a dwelling, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the character or appearance thereof.
HOSPITAL. An institution licensed by the State Department of Health and providing health services primarily for in-patient medical or surgical care of the sick or injured, and including related facilities such as laboratories, out-patient departments, training facilities, and staff offices which are an integral part of the facility provided such institution is operated by, or treatment is given under direct supervision of a licensed physician. Types of hospitals include general, mental, chronic disease and allied special hospitals such as cardiac, contagious disease, maternity, orthopedic, cancer and the like.
HOTEL. A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boarding or lodging house.
IMPROVEMENT LOCATION PERMIT. A permit signed by the Director of Community Development stating that the proposed improvements comply with the applicable provisions of this chapter.
JUNK YARD. Any place at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition; and is owned, possessed, collected, accumulated, dismantled, or assorted, including but not limited to, used or salvaged base metal or metals, their compounds or combinations, used or salvaged rope, bags, paper, rugs, glass, rubber, lumber, millwork, brick and similar property except animal matter; and used motor vehicles, machinery or equipment which is used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.
JURISDICTION OF THE COMMISSION. The territory or area in which the Advisory Plan Commission has statutory authority to adopt a Comprehensive Plan, consisting of the present city limits and those contiguous areas which will from time to time be annexed to the city.
KENNEL. Any lot on which four or more dogs, or small animals, at least four months of age are kept.
LEASE. To rent, to permit the possession or use of right of possession, or use for consideration of a lot, parcel, tract, land or group of lots, parcels, tracts, or lands.
LETTER OF CREDIT. An irrevocable letter of credit, issued by a bank on behalf of a subdivider and providing cash surety to a governmental body, guaranteeing the completion of physical improvements according to plans and specifications, within the prescribed time of the subdivider's agreement.
LOADING SPACES, LOADING and UNLOADING BERTHS. The off-street area required for the receipt or distribution by vehicles of material or merchandise.
LOT. A parcel, tract or area of land accessible by means of a street or road. It may be a single parcel separately described in a deed which is recorded in the Office of the County Recorder; or it may be a single parcel separately described in a survey which is recorded in the Office of the County Recorder; or it may include a parcel contained in a plat or subdivision of land which is recorded in the Office of the County Recorder; or it may include parts of, or a combination of such parcels, when adjacent to one another and used as one. In determining lot area and boundary lines, no part thereof within the limits of a street, either existing or proposed, shall be included. Further, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage and access on an improved public street, or on an approved private street, and may consist of a single lot of record; a portion of a lot of record; a combination of complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record; or a parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.
LOT AREA. The horizontally projected area of a lot computed exclusive of any portion of a street.
LOT, CORNER. A lot at the junction of and abutting two or more intersecting streets.
LOT COVERAGE. The total ground area of a lot usually expressed as a percentage of the lot area that is covered, occupied or enclosed by the primary structure of the lot.
LOT, DEPTH OF. The mean horizontal distance between the front lot line and the rear lot line of a lot, measured between side lot lines.
LOT FRONTAGE. The linear distance of a lot measured at the front lot line where said lot abuts a street, measured between side lot lines.
LOT LINE, FRONT. The case of an interior lot; a line separating the lot from the street or place; and in the case of a corner lot, a line separating the narrowest frontage of the lot from the street, except in cases where deed restrictions in effect specify another street right-of-way line as the front lot line.
LOT LINE, REAR. A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular-shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE. Any lot boundary line not a front lot line or a rear lot line.
LOT OF RECORD. A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder, or a parcel of land, the deed to which has been recorded in the Office of the County Recorder prior to the date of passage of this chapter of the code.
LOT, REVERSED INTERIOR. An interior lot, the front lot line of which is formed by a street, which street also forms the side lot line of an abutting corner lot. The corner lot is considered abutting even though separated from the interior lot line by an alley.
LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets.
LOT, WIDTH. The dimension of a lot, measured between side lot lines on the building line.
MARGINAL ACCESS STREETS or ROADS. An access road which parallels a street of higher classification, providing access from abutting property and separated from the street by a common dividing strip.
MINERAL EXTRACTION, MINING. The extraction of, or mining of, sand, gravel, rock and other earth materials, and/or minerals, and the processing, storage, stockpiling, distribution and sale thereof.
MOBILE HOME. A vehicle or other portable structure more than 26 feet in length that is designed to move on the highway and designed or used as a dwelling, as manufactured.
MOBILE HOME PARK. An area of land on which two or more mobile homes are regularly accommodated with or without charge, including any building or other structure, fixture, or equipment that is used or intended to be used in providing that accommodation.
MOTEL. A building or detached buildings used as dwelling units containing bedroom, bathroom and closet space, and each unit having convenient access to a parking space either directly or through a lobby for the use of the unit's occupants. The units, with the exception of the apartment of the manager or caretaker, are devoted to the use of automobile transients. Motels may include other accessory uses such as restaurants, swimming pools, meeting rooms, and the like.
NO ACCESS EASEMENT. Public easement along a public right-of-way across which the access to the property is not permitted.
NONCONFORMING USE. A building or premises which does not conform in its use or otherwise with all of the regulations of the district in which such building or premises is located.
NURSING HOME. A facility licensed by the State Board of Health, which provides nursing services on a continuing basis; admits the majority of the occupants upon the advice of physicians as ill or infirm persons requiring nursing services; provides for licensed physicians services or supervision; and maintains medical records. Such facilities may also provide other and similar medical or health services, provided that no occupant requires security restraint within the facility. Examples of nursing home facilities that provide health services may include, if they comply with all the above criteria, nursing homes, convalescent homes, maternity homes, rest homes, homes for the aged, and the like.
OCTAVE BAND. A narrow range of sound frequencies which classify sound according to pitch. In the octave band analyzer the audible sound spectrum is divided into eight octave bands.
OCTAVE BAND ANALYZER. An electrical device used with the sound level meter that sorts a complex noise or sound into the various octave bands.
OPEN SPACE. The total horizontal area of a lot excluding the building area, but including parking areas and recreational areas, provided, however, in residential districts, said open space may include the useable roof area within the project which has been improved for outdoor use of occupants, plus one-half of that space, such as balconies, which may be open on its sides but not open above to the sky.
OPEN USE. The use of a lot without a building.
OWNER. Any individual, firm, association, syndicate, co-partnership, corporation, trust or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under the Comprehensive Plan.
PARCEL. An ownership, lot plat, or part of an ownership, lot or plat.
PARKING AREA, PUBLIC. An open area, other than a street or alley designed for use or used for the temporary parking of more than four motor vehicles when available for public use, whether free or for compensation, or as an accommodation for clients or customers.
PARKING SPACE. A space other than on a street or alley designed for use or used for the temporary parking of a motor vehicle, and being not less than nine feet wide and 20 feet long exclusive of passageways.
PARTICULATE MATTER. Finely divided liquid or solid material which is discharged and carried along in the air. This shall not include water droplets, commonly called steam.
PERFORMANCE GUARANTEE. Any guarantee which may be accepted in lieu of a requirement that certain improvements be made before the Commission approves the Record Plat, including by way of illustration, but not limited to, subdivision bonds, irrevocable letter of credit, escrow agreements, deposit agreements, and other similar collateral or surety arrangements approved as valid and enforceable by the Commission.
PERSON. A corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person.
PLACE. An open, unoccupied, officially designated space, other than a street or alley, permanently reserved for use as the principal means of access to abutting property.
PLAT, PRELIMINARY. The map and supporting information indicating the proposed layout of the subdivision which is presented to the Commission for consideration and approval in accordance with these regulations.
PLAT, RECORD. A drawing, in final form, showing the subdivider's plan of subdivision containing all information or detail required by law, and by these regulations to be presented to the Plan Commission for approval, and which, if approved, may be duly filed or recorded by the applicant in the Office of the Hamilton County Recorder.
PREMISES. A lot or plat including buildings thereon, if any.
PRIVATE SCHOOL. Private, primary, grade, junior-high, high or preparatory school or academy.
PROFESSIONAL OFFICE. Office of a member or members of a recognized profession as defined by the United States Bureau of the Census.
PROFESSIONAL OFFICE CENTER. An architecturally organized and functional grouping of professional offices and appropriate associated and accessory uses which is the central feature of a site plan composed of building area, parking area, landscaped reservation and plantation, and other land features appropriate for its use as a professional office enterprise, designed to serve residential neighborhoods, and shall conform to the standards and requirements of this chapter.
PUBLIC FACILITIES PLAN. That part of the Comprehensive Plan, which shows the locations of proposed fire station sites, existing and proposed school, park, or recreational sites, city buildings and other public structures or site locations for the use of the people of the city.
PUBLIC UTILITY INSTALLATIONS. The erection, construction, alteration, or maintenance by public utilities, municipal department commissions or common carriers of underground, surface or overhead gas, oil, electrical, steam, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers and other similar equipment and accessories in connection therewith, by public utility or municipal departments, commissions, or common carriers, for the public health or safety or general welfare.
RECREATIONAL VEHICLE. A vehicular, portable structure, including a travel trailer, boat trailer and the like, built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet.
RESIDENTIAL TOWNHOUSE. A single-family dwelling unit constructed in a row of a minimum of three attached units where no unit is located over any other unit and is separated by one or more vertical common fire resistant walls.
REPLAT. A subdivision or plat, the site of which has heretofore been platted or subdivided with lots or parcels of land. It may include all or any part of a previous subdivision or plat.
RESTRICTED COMMERCIAL ENTERPRISES. An operation or use which is inherent to, or closely associated with, a farm or agriculture, but not including industrial grain elevators, industrial mills, abattoirs, the manufacture of commercial fertilizer and similar operations which are of an industrial nature. Also, a restricted commercial enterprise is any similar operation which may cause stream pollution by the disposal of wastes discharged into streams, thus endangering water supply and health; release odors to the atmosphere, beyond the boundary of the property, which may be strong and beyond the normal
expectancy of a farm operation; create any unusual or loud noises audible beyond the boundaries of the property; emit poisonous and injurious fumes and gases beyond the boundaries of the property; cause the emission of smoke, particulate matter or cause any undue vibration or excessive glare or heat beyond the boundaries of the property; or because of the location of its facilities influence adversely the use of adjacent properties, either existing or proposed.
RINGELMANN NUMBER. The number of the area on the Ringelmann Chart that most nearly matches the light-obscuring capacity of smoke. The Ringelmann Chart is described in the U.S. Bureau of Mines Information Circular 6888, on which are illustrated graduated shades of gray for use in estimating smoke density. Smoke below the density of Ringelmann No. 1 shall be considered no smoke or Ringelmann “0.”
SERVICE BUILDING. A structure housing toilet, lavatory, and such other facilities as may be required by this chapter.
SHOPPING CENTER PLAN. An architectural and functional grouping of retail stores, generally oriented around a super market or department store, and appropriate associated and accessory uses, which is the central feature of a site plan or development plan composed of building area, parking areas, access streets and circulatory ways for vehicles and pedestrians, landscape development and planting areas and other land features appropriate for its operation as a business enterprise, designed to serve residential neighborhoods or communities and which conforms to the requirements of this code.
SLOW BURNING or INCOMBUSTIBLE. Materials which do not in themselves constitute an active fuel for the spread of combustion. A material which will not ignite, nor actively support combustion during an exposure for five minutes to a temperature of 1200° F.
SMOKE. A suspension of fine particles, excluding water droplets, in a gaseous plume, which obscure more or less the transmission of light.
SMOKE UNIT. The number obtained when the smoke density in Ringelmann number is multiplied by the time of emission in minutes. For the purpose of this calculation, a Ringelmann density reading shall be made at least once a minute during the period of observation; each reading is then multiplied by the time in minutes during which it is observed. The various products are then added together to give the total number of smoke units observed during the entire observation period.
SOIL MAP. A National Cooperative Soil Survey prepared by U.S.D.A. Soil Conservation Service in cooperation with Purdue Experiment Station and the Hamilton County Soil and Water Conservation District.
SPECIAL SCHOOL. Any school which has as its primary purpose the instruction, care and rehabilitation of a typical or exceptional child or adult such that the usual statutory educational requirements expressly or implicitly do not apply.
SPECIAL EXCEPTION. A use which may be permitted in a district only if it meets special conditions, and upon application, is specifically authorized by the Board of Zoning Appeals.
STORY. That portion of a building, included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall be the story.
STORY, HALF. That portion of a building under a sloping, gable, hip, or gambrel roof, the wall plates on at least two opposite exterior walls of which are not more than three feet above the floor level of such half-story.
STREET or THOROUGHFARE. A right-of-way, other than an alley, or place dedicated or otherwise legally established to the public use, usually affording the principal means of access to abutting property. A street may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, drive, or other appropriate name. A street shall also be identified according to type of use, as follows in accordance with the Thoroughfare Plan in Chapter 152.
LOCAL STREETS, MARGINAL ACCESS, CUL-DE-SAC. A street used primarily for access to abutting properties. Certain local streets may be marginal access streets parallel to principal arterial streets, therefore, providing access from abutting properties. Right-of-way shall be a minimum of 50 feet.
INTERSTATE/EXPRESSWAY/STATE ROADS. Those roads designed for rapid movements of large volumes of regional and interstate vehicular traffic. These roads have limited controlled access, and are regulated by the state and the federal Highway Departments of the Department of Transportation. These roads do not fall under the authority of the city.
MAJOR COLLECTOR. A street planned to facilitate the collection and movement of vehicular traffic between minor collectors and thoroughfares, usually located on the perimeter or boundaries of neighborhoods. These streets are to be generally located on a one-half mile grid pattern. The minimum right-of-way shall be 70 feet.
MAJOR THOROUGHFARE. A street which serves high volume traffic corridors and connects major population centers and traffic generators, with access limited or controlled. In the case of this Thoroughfare Plan, this designation applies only to S.R. 37, which is controlled by the Indiana State Highway Commission.
MINOR COLLECTOR. A street planned to facilitate the collection of traffic from local streets, and to provide circulation within neighborhood areas and convenient ways for traffic to reach major collectors or thoroughfares. The minimum right-of-way shall be 70 feet.
THOROUGHFARE. A street providing for through movement of large volumes of traffic. Thoroughfare streets are intended to provide access to abutting property from major and minor collectors, and are subject to necessary control of entrances and exits for traffic movement, and where safety conditions warrant. As a general principle, thoroughfares shall be located at approximately one mile intervals in a north-south, east-west grid pattern, except in congested areas where they may be located at more frequent intervals. Minimum width of right-of-way for a thoroughfare shall be 90 feet. Partial control of access to a thoroughfare shall be exercised so as to reduce the number of intersections.
STREET or ALLEY IMPROVEMENT. The construction of a street or alley to its full thickness, commencing at the subgrade according to the specifications contained in this chapter. The placing of a new surface over an existing paved or closed surface street or alley shall not be considered as an improvement but as maintenance.
STREET, PRIVATE. A right-of-way which has the characteristics of a street, as defined herein, except that it is not dedicated to the public use. A driveway which is located on a lot and which serves only the use on that lot is not considered as a private street.
STREET WIDTH. The shortest distance between the lines which delineate the right-of-way of a street.
STRUCTURE. Anything constructed or erected which required location on the ground or attachment to something having a location on the ground.
STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the exterior walls or the roof.
SUBDIVIDER. Any person or persons, firm or corporation engaged in developing or improving a tract of land which complies with the definition of a subdivision as defined in this chapter.
SUBDIVISION.
(A) The division of any parcel of land, into two or more contiguous parcels or lots, for the purpose of immediate or future transfer of ownership, as follows:
(1) Lots or parcels fronting on an existing street or road, and each of which comprises less than five acres;
(2) Lots which do not front on an existing street, even though they may exceed five acres (interior lots); or
(3) The improvement of one or more parcels of land for residential, commercial or industrial structures, or groups of structures wherein there is an allocation of land for streets or other spaces for common use by owners, occupants, or lease holders; or easements for the extension and maintenance of public utilities and facilities.
(B) The following divisions of land shall not be considered subdivisions:
(1) The division of land into parcels of five or more acres not involving any new streets, easements of access, or extension of any utility; and
(2) The sale or exchange of land between adjoining lot owners, where such sale or exchange does not create additional building sites.
THOROUGHFARE PLAN. The part of the Comprehensive Plan, now or hereafter adopted, which includes a plan for major streets and highways and sets forth the location, alignment, dimensions, streets, highways, and other thoroughfares.
TOWNSHIP. Fall Creek Township and Delaware Township.
TRADE or BUSINESS SCHOOL. Secretarial or business school or college when not publicly owned or conducted by or under the sponsorship of a religious, charitable or non-profit organization; or a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering or hair dressing, drafting, or for teaching industrial or technical arts.
TRUCK SERVICE CENTER. An occupancy which provides especially for the servicing of trucks, with incidental operations similar to those permitted for AUTOMOBILE SERVICE STATION.
USE. The employment or occupation of a building, structure or land for a person's service, benefit or enjoyment.
VARIANCE, ZONING. A modification of the specific requirements of this chapter granted by the Board of Zoning Appeals, in accordance with the terms of this chapter for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and district.
VIBRATION. Oscillatory motion transmitted through the ground.
VISION CLEARANCE ON CORNER LOTS. A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of three and 12 feet above established street grade, determined by a diagonal line connecting two points measured 25 feet equidistant from the street corner along each property line.
YARD. A space on the same lot with a principal building, open, unoccupied and unobstructed by structures, except as otherwise provided in this chapter.
YARD, FRONT. A yard extending across the full width of the lot between the front of the principal building and the front lot line unoccupied other than by steps, walks, terraces, driveways, lamp posts, and similar structures, the depth of which is the least distance between the front lot line and the building line.
YARD, REAR. A yard extending across the full width of the lot between the rear of the principal building and the rear lot line unoccupied other than by accessory buildings which do not occupy more than 30% of the required space, and steps, walks, terraces, driveways, lamp posts, and similar structures, the depth of which is the least distance between the rear lot line and the rear of such principal building.
YARD, SIDE. A yard between the principal building and the side lot line, extending from the front yard or from the front lot line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally at 90° with the side lot line, from the nearest part of the principal building, except in cases where irregular or pie shaped lots are located, then the width of the required side yard shall be an average of the width of the area between the side lot line and the principal building measured horizontally at 90° with the side lot line.
ZONING MAP. A map or plan, also a part of the Zoning Ordinance, which graphically demonstrates the areas, classification and boundaries of zoned districts. This map is entitled “Zoning Map, Fishers, Indiana.”
ZONING ORDINANCE. The chapter of the Comprehensive Plan, now or hereafter adopted, which includes an ordinance and zoning map which divides the jurisdiction of the commission into districts, with regulations, requirements and procedures for the establishment of land use controls, specifically, Chapter 151 of this code of ordinances.
(Ord. 110380, passed 11-3-80; Am. Ord. 092392, passed 12-28-92; Am. Ord. 031595, passed 4-15-95; Am. Ord. 120496A, passed 6-25-97; Am. Ord. 010699, passed 1-20-99; Am. Ord. 060412, passed 6-4-12; Am. Ord. 091514SA, passed 11-17-14)