For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING. Bordering.
ACCESSORY BUILDING or ACCESSORY 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, such as public utility installations, electric distribution and secondary power lines, gas, water, and sewer lines, their supports and poles, guy wires, small transformers, wire or cable, and incidental equipment, and public telephone booths, and satellite television antennas, also known as parabolic antennas.
AGRICULTURE. The art or science of cultivating the ground and raising and harvesting 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, including to a variable extent the preparation of these products for man's use and their disposal by marketing or otherwise. In this broad use AGRICULTURE includes farming, horticulture, forestry, dairying, sugar making, and so forth.
AIRCRAFT. Any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air.
AIRPORT. A use devoted to the takeoff, landing, and storage of aircraft. The Frankfort Municipal Airport, together with all of its structures, services and improvements.
AIRPORT AUTHORITY. The Frankfort, Indiana Airport Authority.
AIRPORT BOUNDARY. The property line existing in fee simple and depicted on the Airport Facilities Plan.
AIRPORT ELEVATION. The highest point of an airport's usable landing area measured in feet from mean sea level, and established to be 861 feet above mean sea level (MSL).
AIRPORT HAZARD. Any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near such airport which obstructs the airspace required for the ascent, descent or glide path of aircraft in landing or takeoff at the airport or is otherwise hazardous to such landing or takeoff of aircraft.
ALLEY. A permanent public service way providing a secondary means of access to abutting lands.
ALLEY LINE. A lot line bordering an alley.
AMBIENT SOUND LEVEL. The amount of background noise at a given location prior to the installation of a wind energy system which may include, but not be limited to, traffic, machinery, lawnmowers, human activity, and the interaction of wind with the landscape. The ambient sound level is measured on the dB(A) weighted scale as defined by the American National Standards Institute.
APARTMENT. A building or portion thereof designed for or occupied by more than two families. Also a multi-family dwelling.
APPROACH, HORIZONTAL, AND CONICAL ZONES. These zones are set forth in § 155.242.
AUTOMOBILE SALES AREA or TRAILER SALES AREA. An open area, other than a street, used for the display, sale, or rental of new or used automobiles or trailers, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed, sold, or rented on the premises.
BASEMENT. Any floor level below the first story in a building, except that a floor level in a building having only one floor level shall be classified as a basement unless the floor level qualifies as a first story as defined herein.
BLOCK. A unit or property bounded by streets, or by streets or railroad rights-of-way, waterways, or other barriers.
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.
BOARD. The Board of Zoning Appeals.
BOARDING HOUSE. A building where meals are regularly served for compensation for three or more persons, but not exceeding 12 persons, not open to transients, in contradistinction to hotels and restaurants open to transients.
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. When separated by party walls, without opening through these walls, each portion of a BUILDING shall be considered a separate structure.
(1) DETACHED BUILDING. A building having no structural connection with another building.
(2) FRONT LINE OF BUILDING. The line of the face of the building nearest the front lot line.
(3) HEIGHT OF BUILDING. 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.
(4) PRINCIPAL BUILDING. A building in which is conducted the main or principal use of the lot on which the 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, the accessory building shall be counted as a part of the PRINCIPAL BUILDING.
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 INSPECTOR. The official designated by the Common Council of the city authorized to enforce the zoning code.
BUILDING LINE or BUILDING SETBACK LINE. The line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of a building or structure and the front lot line.
BUILDING MOUNTED WIND ENERGY SYSTEM. A wind energy system mounted or attached to a 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.
BUSINESS SCHOOL. See TRADE SCHOOL.
CAMP. See PUBLIC CAMP.
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 the CEMETERY.
CERTIFICATE OF OCCUPANCY. A certificate signed by the Building Inspector stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this chapter.
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.
COMMERCIAL FARM ENTERPRISE. An operation or use inherent to or closely associated with a farm or agriculture, such as the buying, selling, or distribution of livestock or farm or agricultural products or products essential to farm operation; but not including industrial grain elevators, industrial mills, abattoirs, commercial hatcheries and poultry processing plants, the manufacture of commercial fertilizers, and similar enterprises which are of an industrial nature.
COMMISSION. The City Plan Commission.
DECIBEL. A unit of measurement of the intensity of loudness of sound. Sound level meters are used to measure these intensities and are calibrated in DECIBELS.
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; the location and dimension of building lines and easements; widths and lengths of all entrances and exits to and from the real estate; location of all adjacent or adjoining streets, service facilities, and other improvements such as planting areas.
DEVELOPMENT PLAN, RESIDENTIAL. See RESIDENTIAL DEVELOPMENT PLAN.
DISTRICT. A section of the territory within the jurisdiction of the Frankfort City Plan Commission for which uniform regulations governing the use, height, area, size, and intensity of use of buildings and land, and open spaces about buildings, are established.
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.
(1) MULTI-FAMILY DWELLING. A building designed for or occupied by three, four, or five families exclusively.
(2) SINGLE-FAMILY DWELLING. A detached building de-signed for and occupied by one family only.
(3) TWO-FAMILY DWELLING. A detached building designed for or occupied by two families only.
DWELLING UNIT. A single unit providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.
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. An individual or two or more persons related by blood or marriage or a group of not more than eight persons (excluding servants) who need not be related by blood or marriage living together in a dwelling unit.
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 structures for the sale of products of the FARM; signs displaying subject matter directly related to the name or the products of the particular FARM; but not including industrial or commercial operations or structures.
FILLING STATION. Any building structure, premises, or enclosure or other place used for the dispensing, sale, or offering for sale at retail of fuels or oils for motor vehicles. When the dispensing, sale, or offering for sale is incidental to the conduct of a public garage, the premises shall be classified as a public garage.
FLASH POINT. 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.
FLOOR AREA.
(1) 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, breeze-ways, terraces, garages, and exterior stairways.
(2) NET FLOOR AREA. The total area computed on a horizontal plane, used for a particular business 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.
FRONTAGE. All the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead-ended, then all of the property abutting one side between an intersecting street and the dead end of the street.
GARAGE.
(1) PRIVATE GARAGE. An accessory building with capacity for not more than three motor vehicles per family, no more than one of which may be a commercial vehicle of not more than three-ton capacity. A garage designed to house one or two motor vehicles for each family housed in multi-family dwellings shall be classed as a private garage.
(2) PUBLIC GARAGE. Any building, except those defined above as a "private garage," used for the storage or care of motor vehicles or where the vehicles are equipped for operation, repaired, or kept for remuneration, hire, or sale.
GEOGRAPHICAL REFERENCE POINT. The airport referent point (ARP) established as a point having equal relationship to all existing and proposed landing and takeoff points, as defined in AC 150/5300-4B, as amended, and having Latitude 40°16'23.198"N and Longitude 86°33'49.846"W.
GRADE. The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than five feet from the building, between the building and a line five feet from the building.
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.
GROUP HOUSE. A group of dwellings constructed in a row, with the dwelling units separated by vertical party walls without openings. Also a multi-family dwelling.
HALF STORY. 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 the HALF STORY.
HEIGHT (AIRPORT OVERLAY DISTRICT). The purpose of determining the height limits in the Airport Overlay District, the datum shall be mean sea level elevation unless otherwise specified.
HELIPORT. Any airport designed and designated for the exclusive use of rotary wing and vertical takeoff and landing (VTOL) aircraft.
HOME OCCUPATION. Any use conducted entirely within a dwelling and participated in solely by members of the family, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, and in connection with which there is no commodity sold upon the premises except that which is produced thereon, provided that no sign other than a nameplate is attached to the building.
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, central service 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 Building Inspector stating that a proposed improvement complies with the provisions of this chapter and any other applicable ordinances.
INDUSTRIAL PARK. A single structure or group of structures for industrial operations forming a comprehensive arrangement of buildings, grounds, and accessways planned in accordance with harmonious principles of architectural and landscape architectural design and industrial management.
INTENSE BURNING. A rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly.
INTERCONNECTED WIND ENERGY SYSTEM. A wind energy system which is electrically connected to the local electrical power utility system and can provide power to the local electrical power utility system.
JUNK YARD. Any place at which personal property is or may be salvaged for reuse, resale, 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, rags, 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 for planning and zoning within the jurisdiction of the City Plan Commission.
KENNEL. Any lot on which four or more dogs or small animals at least four months of age are kept.
LARGER THAN UTILITY RUNWAY. A runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft.
LOADING AND UNLOADING BERTHS. The off-street area required for the receipt or distribution by vehicles of material or merchandise, which in this chapter is held to be a 12 by 45-foot loading space with a 14-foot height clearance.
LODGING HOUSE. A building where lodging only is provided for compensation to three or more, but not exceeding 12 persons, not open to transients, in contradistinction to a hotel which is open to transients.
LOT. A parcel, tract, or area of land accessible by means of a street or place, and for residential uses as set forth in §§ 155.030 through 155.034, abutting on a street or place for at least 50% of the lot width prescribed for the district in which the LOT is located. It may be a single parcel separately described in a deed or plat which is recorded in the office of the County Recorder, or it may include parts of or a combination of the 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 or place shall be included.
(1) CORNER LOT. A lot at the junction of and abutting two or more intersecting streets.
(2) DEPTH OF LOT. The mean horizontal distance between the front lot line and the rear lot line of a lot, measured in the general direction of the side lot line.
(3) INTERIOR LOT. A lot having frontage on one street and abutting lots on the other three sides, whether across an alley or not.
(4) LOT COVERAGE. The percentage of the lot area covered by the building area.
(5) REVERSED CORNER LOT. A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.
(6) REVERSED INTERIOR LOT. 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.
(7) THROUGH LOT. A lot having frontage on two parallel or approximately parallel streets and which is not a corner lot.
(8) WIDTH OF LOT. The dimension of a lot, measured between side lot lines on the building line.
LOT LINE.
(1) FRONT LOT LINE. In 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."
(2) REAR LOT LINE. 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.
(3) SIDE LOT LINE. 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 of Clinton County, or a parcel of land, the deed to which has been recorded in the office of the County Recorder of Clinton County, prior to February 21, 1967.
MASTER PLAN. The complete plan or any of its parts for the development of the city, prepared by the City Plan Commission and adopted in accordance with I.C. 36-7-4-500 et seq., as is now or may hereafter be in effect.
MOBILE HOME. Any vehicle either self-propelled or propelled by means of being attached to a motor vehicle, which may be used as a place of abode or sleeping place by one or more persons, and which has no foundation other than the wheels required for its movement from one place to another.
MOBILE HOME PARK. An area of land on which two or more mobile homes are harbored for the purpose of being occupied whether free of charge or in consideration of the payment of rental for the mobile home or the site on which it rests, and within which area a mobile home may be supported either by its wheels, or by a foundation of any sort.
MODERATE BURNING. A rate of combustion described by a material which supports combustion and is consumed slowly as it burns.
MOTEL. A building or detached building used as dwelling units containing bedroom, bathroom, and closet space, and each unit having convenient access to a parking space 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.
MULTI-FAMILY DWELLING. See DWELLING.
NACELLE. The structure which houses all of the generating components, gearbox, drive train and other components.
NET FLOOR AREA. See FLOOR AREA.
NONCONFORMING USE (AIRPORT OVERLAY DISTRICT). Any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of the Airport Overlay District standards.
NONCONFORMING USES. An existing use of land or a building which fails to comply with the requirements set forth in this chapter applicable to the district in which the use is located.
NONPRECISION INSTRUMENT RUNWAY. A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned, and for which no precision approach facilities are planned or indicated on an FAA planning document or military service's military airport planning document.
NURSING HOME. A facility licensed by the State Board of Health which meets the following.
(1) Provides nursing services on a continuing basis.
(2) Admits the majority of the occupants on the advice of physicians as ill or infirm persons requiring nursing services.
(3) Provides for licensed physicians services or supervision.
(4) Maintains medical records. These facilities may also provide other and similar medical or health services, provided that no occupant requires physical 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.
NURSING HOME CONVERSIONS. A dwelling which is converted for the use of a nursing home and licensed by the State Board of Health.
OBSTRUCTION (AIRPORT OVERLAY DISTRICT). Any structure, growth, or other object, including a mobile object, which exceeds a limiting height in the Airport Overlay District.
OCTAVE BAND. A narrow range of sound frequencies which classify sounds 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.
PARKING AREA. See PUBLIC PARKING AREA.
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.
PERSON (AIRPORT OVERLAY DISTRICT). An individual, firm, partnership, corporation, company, association, joint stock association or government entity; includes any trustee, receiver, assignee, or a similar representative thereof.
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. A map or chart indicating the subdivision or resubdivision of land, intended to be filed for record.
PRECISION INSTRUMENT RUNWAY. A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach using the global positioning system (GPS) wide area augmentation system (WAAS) with localizer like with precision vertical guidance (LPV). It also means a runway for which a precision approach system is planned and is so indicated on approved airport layout plan or any other planning document.
PREMISES. A lot or plot including buildings thereon, if any.
PRIMARY SURFACE. A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in § 155.242. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
PRIVATE GARAGE. See GARAGE.
PRIVATE SCHOOL. Private, primary, grade, high, or preparatory school or academy.
PRIVATE SWIMMING POOL. A swimming pool used only by the owner of the pool and friends as an accessory use at a private residence.
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 architectural 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. Such center shall conform to the standards and requirements of this chapter.
PROFESSIONAL OFFICE IN RESIDENCE. An office in the dwelling of a member of recognized professions as defined by the United States Bureau of the Census, provided that the professional service is performed by a member or members of the family occupying the dwelling, and that no additional person is employed in rendering the service. Not more than 25% of the gross floor area is devoted to this use, and no sign, other than a nameplate attached to the building, not exceeding two square feet in area, is displayed.
PUBLIC CAMP. Any area or tract of land used or designed to accommodate two or more camping parties, including cabins, tents, or camping outfits.
PUBLIC GARAGE. See GARAGE.
PUBLIC PARKING AREA. 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.
PUBLIC UTILITY INSTALLATIONS. The erection, construction, alteration, or maintenance by public utilities, municipal departments, 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, reasonably necessary for the furnishing of adequate service by public utility or municipal departments, commissions, or common carriers, for the public health, safety, or general welfare.
RESIDENTIAL DEVELOPMENT PLAN. A plan proposed to use a tract of land for residential development in accordance with the requirements of this chapter, even though the use of the land, the location of the buildings to be erected in the area, and the yards and open spaces provided in the plan do not conform in certain respects to the regulations for the district in which the RESIDENTIAL DEVELOPMENT is proposed to be located.
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.
ROTOR DIAMETER. The cross-sectional dimension of the circle swept by the rotating blades of a wind energy system.
RUNWAY. A defined area on an airport prepared for landing and takeoff of aircraft along its length.
SHADOW FLICKER. The moving shadow created by the sun shining through the rotating blades of a wind energy system. The amount of shadow flicker created by a wind energy system is calculated by a computer model that takes into consideration turbine locations, elevation, tree cover, location of all structures, wind activity and sunlight.
SHOPPING CENTER. An architectural and functional grouping of retail stores, generally oriented around a supermarket or department store, and appropriate associated and accessory uses, which is the central feature of a site plan or development plan composed of building areas, parking areas, access streets, and circulatory ways for vehicles and pedestrians, landscape reservations and plantations, 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 chapter.
SIGN. Any surface, fabric, or device bearing lettered, pictorial or sculptured matter designed to convey information visually and exposed to public views; or any structure (including billboards, poster panels, or other graphic displays) designed to carry the above visual information.
(1) BUILDING-MOUNTED SIGN. A sign attached to the exterior wall of a structure, other than a structure used exclusively for sign support, which does not project more than 18 inches therefrom. Individual letter, in addition to the "box-type sign" may be installed as a building-mounted sign.
(2) CANOPY SIGN. A sign displayed, maintained or supported upon an overhanging marquee, canopy, awning or other similar cover of shelter projecting from a structure.
(3) FREESTANDING SIGN. A sign that is not connected to a building or structure, other than a structure used exclusively for sign support.
(4) INDIRECT LIGHTING. Lighting which is located either internally within the sign or which is directed and shielded so that only the face of the sign is illuminated from external locations.
(5) OFF-PREMISES SIGN. A sign which communicates the availability of goods, services, ideas or a business establishment which is not available on the premises the sign is located.
(6) ON-PREMISES SIGN. A sign which communicates the availability of goods, services, ideas or a business establishment available on the premises on which the sign is located.
(7) PORTABLE SIGN. Any sign that is designed to be transported from place to place, either on its own wheels or on a trailer, and may be temporarily or permanently attached to the ground, structures or other signs.
(8) WALL GRAPHIC. A design which is painted on a side of a building for the purpose of improving a blank or dilapidated building surface, enhancing architectural detail, or generally intended to improve the visual aspect of the community. Wall graphics may include the name and/or logo of a local business, but shall not advertise specific products manufactured or offered for sale, except through indirect graphic representation.
SIGN AREA. The area of a sign shall be calculated by one of the following ways as applicable:
(1) Freestanding or building-mounted: The area includes all lettering, wording, and accompanying design and symbols, together with the background, whether open or closed, on which they are displayed. The area does not include minimal supporting framework, bracing poles, but it does include any decorative structures.
(2) Individual letter or figures: When attached or painted on a surface such as a building, canopy, awning, wall, or window, the area is that of the smallest rectangle or other geometric shape that encompasses all of the letters or symbols.
SINGLE-FAMILY DWELLING. See DWELLING.
SLOW BURNING OR INCOMBUSTIBLE. Materials which do not in themselves constitute an active fuel for the speed 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 periods.
SPECIAL SCHOOL. Any school which has as its primary purpose the instruction, care, and rehabilitation of atypical or exceptional children or adults and the usual statutory educational requirements expressly or implicitly do not apply.
STORY. That portion of a building, included between the surface of any floor and surface of the floor next above it. If there is no floor above it, then the space between the floor and the ceiling next above it shall be the STORY.
STORY, HALF. See HALF STORY.
STREET. A right-of-way or thoroughfare, 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.
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.
STRUCTURE. Anything constructed or erected which required location on the ground or attachment to something having a location on the ground.
STRUCTURE (AIRPORT OVERLAY DISTRICT). An object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation, and overhead transmission lines.
SWIMMING POOL, PRIVATE. See PRIVATE SWIMMING POOL.
TOTAL WIND ENERGY SYSTEM HEIGHT.
(1) In the case of a tower or pole mounted wind energy system, total wind energy system height shall be the vertical distance from the ground at the base of the pole or tower to the uppermost vertical extension of any blade or to the maximum height of any part of the wind energy system.
(2) In the case of a building or structure mounted wind energy system, total wind energy system height shall be the vertical distance measured from the ground at the ground's highest point adjacent to the building or structure to the uppermost vertical extension of any blade or to the maximum height of any part of the wind energy system.
TOURIST HOME. A building in which one but not more than five rooms are used to provide or offer overnight accommodations to transient guests for compensation.
TOWER MOUNT WIND ENERGY SYSTEM. A wind energy system mounted or attached to a tower, pole or similar structure which is not a building.
TRADE OR BUSINESS SCHOOL. Secretarial or BUSINESS SCHOOL or college when not publicly owned or owned or conducted by or under the sponsorship of a religious, charitable, or nonprofit 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.
TRAILER SALES AREA. See AUTOMOBILE SALES AREA.
TREE. Any object of natural growth.
TWO-FAMILY DWELLING. See DWELLING.
URBAN AREA. Any land or lots used for residential purposes where there are eight or more residences within a 1/4-mile square area, and the lands or lots have been or are planned for residential area contiguous to incorporated cities or towns.
USE. The employment or occupation of a building, structure, or land for a person's service, benefit, or enjoyment.
USE, NONCONFORMING. See NONCONFORMING USE.
UTILITY RUNWAY. A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less.
VARIANCE. 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.
VISUAL CLEARANCE. A triangular space at the street of a corner lot or at the intersection of driveways and alleys with streets or at the intersection of alleys with alleys, which must be kept free from any kind of obstruction between the height of three and 12 feet above the established surface grade as further specified in this chapter.
VISUAL RUNWAY. A runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on an FAA approved airport layout plan, a military service approved military airport layout plan, or by any planning document submitted to the FAA by competent authority.
WIND ENERGY SYSTEM. Equipment that converts and then stores or transfers energy from the wind into usable forms of energy and includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, turbine, vane, wire or other component used in the system.
WIND ENERGY SYSTEM SETBACK. The distance from the base of the structure, tower, pole or building upon which the wind energy system is mounted to a public right-of-way, overhead public utility line or lot line. In the case of multiple parcels utilized a single or multiple wind energy system(s), the setbacks shall be taken from the outside boundary of the parcels utilized for the wind energy system project.
YARD. A space on the same lot with the principal building, open, unoccupied, and unobstructed by structures, except as otherwise provided in this chapter.
(1) FRONT YARD. A yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lampposts, and similar structures, the depth of which is the least distance between the front lot line and the building line.
(2) REAR YARD. 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, lampposts, and similar structures, the depth of which is the least distance between the rear lot line and the rear of the principal building.
(3) SIDE YARD. 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 degrees 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 degrees with the side lot line.
ZONE MAP. A map entitled "Frankfort, Indiana, Zone Map and Development Plan, 1967", and any amendments thereto.
ZONES. The zones established in the Airport Overlay District are imaginary horizontal or inclined surfaces in compliance with Federal Aviation Regulation, the Frankfort Comprehensive Plan and I.C. 8-21-10, as amended.
(Ord. CO-67-2, passed 2-21-67; Am. Ord. 85-2, passed 4-8-85; Am. Ord. 85-5, passed 5-28-85; Am. Ord. CO-89-14, passed 11-27-89; Am. Ord. CO-90-4, passed 3-26-90; Am. Ord. 10-01, passed 1-25-10; Am. Ord. 11-06, passed 5-23-11)