For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning. Words used in the present tense shall include the future; and the singular number shall include the plural; and the plural the singular; and the word SHALL is mandatory and not permissive.
ACCESSORY USE. A use customarily incidental and subordinate to the principal use and located on the same lot as the principal use.
AREA. Area of a lot or site shall be calculated from the dimensions derived by horizontal projection of the site.
BASEMENT. A story having more than 50% of its clear height below finished grade.
BOARD. The Advisory Board of Zoning Appeals as established by this chapter.
CLINIC. Any establishment where human patients are examined and treated by doctors or dentists without being hospitalized overnight.
CLUB, PRIVATE. An establishment operated for social, recreational, or educational purposes, but open only to members and not the general public.
CONDOMINIUM. Ownership in common with others of a parcel of land and certain parts of a building drawn which would normally be used by all the occupants, such as yards, foundations, basements, floors, walls, hallways, stairways, elevators, and all other related common elements, together with individual ownership in fee of a particular unit or portion of such building.
COOPERATIVE. A building or land in which an individual owns stock in a corporation with a right through a proprietary lease to occupy a portion of the land or a part of the building.
COVERAGE. That percentage of the lot area covered by principal and accessory use structures.
DWELLING UNIT. Any structure or part of a structure designed or used as the living quarters for one family. The structure, whether site built or manufactured, shall be at least 24 feet in width at the smallest dimension; and this structure, whether site built or manufactured, shall contain a minimum of 950 square feet of occupied space.
ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam, or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants, street signs, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
FAMILY. One or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, club, fraternity, or hotel.
HOME OCCUPATIONS. An occupation carried on in a dwelling unit which is clearly incidental and secondary to the use of the building for dwelling purposes, and which does not change the character thereof.
I.C. 36-7-4-602. Enabling legislation requiring the State Department of Fire Prevention and Building Safety to adopt rules and regulations for the construction, repair, or maintenance of factory constructed one- and two-family dwellings.
LIGHT INDUSTRIAL. The processing and fabrication of certain materials and products where no process involved will produce noise, vibration, air pollution, fire hazard, or noxious emission which will disturb or endanger neighboring properties.
LOT. A parcel of land occupied or capable of being occupied by one or more structures.
LOT, DEPTH OF. A mean horizontal distance between the front and rear lot lines.
LOT, MINIMUM AREA OF. The horizontally projected area of a lot computed exclusive of any portion of the right-of-way of any public thoroughfare.
LOT OF RECORD. Any lot which individually or as part of a subdivision, has been recorded in the office of the Recorder of Deeds of the county.
LOT, WIDTH OF. The mean width measured at right angles to its depth.
MANUFACTURED HOMES. A dwelling unit fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction Safety Standards Act of 1974, being 42 U.S.C. §§ 5401 et seq. or I.C. 36-7-4-602, as promulgated by the State Department of Fire Prevention and Building Safety.
MANUFACTURED HOUSING CONSTRUCTION SAFETY STANDARD ACT. Title IV of the Housing and Community Development Act of 1974 (42 U.S.C. §§ 5401 et seq.), as amended (previously known as the Federal Home Construction and Safety Act), rules and regulations adopted thereunder, which include HUD approved information supplied by the home manufacturer, and regulations and interpretations of said code by the State Department of Fire Preventions and Building Safety.
MOBILE HOME.
(1) A transportation structure built prior to June 15, 1976, effective date for the Federal Manufactured Housing Construction Safety Standards Act of 1974, being 42 U.S.C. §§ 5401 et seq. larger than 320 square feet, and designed to be used as a year-round residential dwelling.
(2) A recreational vehicle, as defined herein, shall be considered a MOBILE HOME if occupied.
NONCONFORMING STRUCTURE. A structure designed, converted, or adapted for a use prior to the adoption of provisions prohibiting such use in such location.
NONCONFORMING USE. Any use or arrangement of land or structures legally existing at the time of the effective date of the ordinance from which this chapter is derived, or any of its amendments, which does not conform to the provisions of this chapter.
ONE AND TWO-FAMILY DWELLING CODE, INDIANA. The nationally recognized model building code prepared by the Council of American Building Officials, adopted by the State Department of Fire Preventions and Building Safety as mandated through I.C. 36-7-4-602, and which includes those supplements and amendments promulgated by the State Department of Fire Prevention and Building Safety.
RECREATIONAL VEHICLE. A portable vehicular structure not built to Federal Manufactured Housing Construction Safety Standards Act of 1974, being 42 U.S.C. §§ 5401 et seq. (or the obsolete ANSI 119.1 mobile home designed in construction standard) designed for travel, recreational camping or vacation purposes, either having its own motor or mounted on or to be drawn by another vehicle, and including, but not limited to, travel and camping trailers, truck campers, and motor homes.
STRUCTURE. Anything constructed or erected, the use of which requires a fixed location on the ground, including buildings, billboards, carports, porches, decks, patios, and other building features, but not including sidewalks and drives.
SUPPLY YARD. A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods. SUPPLY YARDS do not include the wrecking, salvaging, dismantling, or storage of automobiles and similar vehicles.
VISION CLEARANCE ON CORNER LOTS. Triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of zero and 12 feet above established grade of the street, determined by a diagonal line connecting two points measured 15 feet equal distance from the street corner along each property line.
(Prior Code, § 36-7-4-600-701) (Ord. 712, passed 4-2-1957; Ord. 1964-9, passed 9-15-1964; Ord. 1965-4, passed 3-2-1965; Ord. 1966-2, passed 3-1-1966; Ord. 1967-7, passed 6-6-1967; Ord. 1968-5, passed 8-6-1968; Ord. passed 8-4-1970; Ord. 1977-12, passed 11-1-1977; Ord. 1978-18, passed 12-5-1978; Ord. 1980-8, passed 9-16-1980; Ord. 1980-11, passed 11-4-1980; Ord. 1982-1, passed 6-1-1982; Ord. 1985–5, passed 11-19-1985)