For the purpose of this chapter the following definitions shall apply unless the content clearly indicates or requires a different meaning:
"ACCESSORY USE OR STRUCTURE." A use or a structure subordinate to the principal use or building on the same lot and serving a purpose customarily incidental thereto. The accessory use shall conform to the use allowed for the principal use and as use other than human occupancy. An accessory building is not attached to the principal building. A vacant lot cannot have an accessory building until after the principal structure is built.
“ADVISORY PLAN COMMISSION.” A planning commission serving a single focal government jurisdiction established as defined under I.C. 36-7-1-2 (1981) as amended. The Greensburg Plan Commission is an Advisory Plan Commission.
“ADULT BOOKSTORE, ADULT NOVELTY STORE ADULT VIDEO STORE.” A commercial establishment which has a significant or substantial portion of its stock-in-trade or derives twenty-five percent (25%) or more of its revenues to the sale, rental, of any form of books, magazines, photographs, films, motion pictures, video cassettes, slides, or other similar items.
“AGRICULTURE.” The use of land for agricultural purposes, including necessary buildings and structures which shall be used for agriculture including, but not limited to, the raising of crops, forestry, horticulture, floriculture, and the necessary accessory uses for packing, treating or storing the produce. Accessory uses include the hauling, handling, and storage of grain, the hauling, handling, storage and processing of timber products and also shipping
“AIRPORT.” Any area of land or water which is used or intended for use for the landing and taking off of aircraft; and any accessory areas which are used or intended for use for airport buildings or other airport facilities or rights of way, together with all airport buildings and facilities located thereon.
“ALLEY.” A minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or side or properties otherwise abutting a street, and which may be used for public utility purposes.
“APPLICANT.” The owner of land who makes application to the Greensburg Plan Commission for action by said commission thereby affecting that land.
“APARTMENT.” Any structure which is used as a dwelling unit by three or more different occupants who do not own a legal interest in the dwelling unit other than the right of possession based upon the payment of rent.
“AUTOMOBILE REPAIR.” All general repair, rebuilding or reconditioning of engines, motor vehicles or trailers, collision service, including body, frame or fender straightening or repair, overall painting or paint shop; vehicle steam cleaning.
“AUTOMOBILE TRAVEL TRAILER OR MOBILE HOME SALES.” An open area, other than a street used for the display, sale or rental of new or used travel trailers or mobile homes and where no repair work is done except minor incidental repair of travel trailers or mobile homes to be displayed, sold, or rented on the premises.
“AUTOMOBILE WASHING (CAR WASH).” An activity conducted for the purposes of cleaning automobiles, whether performed automatically, semi-automatically or manually.
“BASEMENT.” A story partly or wholly underground. For purposes of height measurement a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided into rooms and used for commercial or tenant dwelling purposes by other than a janitor employed on the presses.
“BED AND BREAKFAST (HOMESTAY).” Bed and breakfast establishments are essentially small and have one to three bedrooms for rent to transients as an activity that is subordinate and incidental to the main residential use of the building. These are generally treated as home occupations.
“BILLBOARD.” Any sign situated on private premises with an area greater than one hundred (100) square feet on which the written or pictorial information is not directly related to the principal use of the land on which such sign is located.
“BLOCK.” A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-ways, shorelines of waterways, or boundary lines of municipalities.
“BOARD.” Board of Zoning Appeals of the Greensburg Plan Commission.
“BOND.” A form of security includes a cash deposit, surety bond, or instrument of credit in an amount and form satisfactory to the Plan Commission. The Commission shall approve all bonds wherever a bond is required by these regulations.
“BUFFER LANDSCAPING OR STRIP.” Trees, shrubs, walls, fences, berms, or related landscaping features required under this ordinance or the Zoning Ordinance to be placed on private property and privately maintained or in public rights-of-way for the purpose of buffering lots from adjacent properties for aesthetic purposes, and/or for creating sound and/or visual privacy.
“BUILDING.” Any structure for the shelter support, enclosures, or protection of persons, animals, or property.
“BUSINESS.” The purchase, sale, or exchange of goods or services, or the maintenance for-profit offices or recreational or amusement enterprises.
“BUSINESS DISTRICTS.” B-1 Central Business, B-2 General Business, B-3 Heavy Commercial Districts.
“CEMETERY.” Land used for the burial of the dead and dedicated for cemetery purposes, including columbiums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.
“CERTIFICATE OF OCCUPANCY.” A certificate stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this ordinance.
“CHILD CARE CENTER/DAY CARE CENTER.” Any place, home or institution which received five or more children under the age of sixteen (16) years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians, when received for more than four (4) hours and less than 24 hours per day for compensation; provided, however, this definition shall not include public and private schools organized, operated or approved under the laws of this state, custody of children fixed by a court of competent jurisdiction, children related by blood or marriage within the third degree to the custodial person, or to churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending services or meetings or classes or other related activities.
“CLINIC.” An establishment in which patients are admitted for medical or dental study or treatment that does not require overnight lodging and in which the services of at least two physicians or dentists are provided.
“CLUB.” A building or portion thereof or premises owned or operated by a corporation, association, person or persons 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, PLAN.” The City Plan Commission Greensburg, Indiana.
“CONDOMINIUM.” The division of building(s) and the related land into horizontal property interests meeting the requirements of and controlled by Indiana statutes for condominiums as prescribed by the Indiana Code, or any amendments.
“COVENANT (RESTRICTIVE).” A private legal restriction on the use of land contained in the deed to the property. Normally applied to all lots in any subdivision.
“CUL-DE-SAC.” A local street with only one (1) outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement including public safety vehicles.
“CULVERT.” A drain that channels water under a bridge, street, or driveway.
“DEAD-END STREET.” A street or a portion of a street with only one (1) vehicular traffic outlet.
“DEVELOPER.” The owner of land proposed to be subdivided or the owner's agent if written consent for making the application for development approval is obtained by the agent from the legal owner of the premises and filed with the petitioner application.
“DEVELOPMENT PLAN.” The adopted plan for orderly growth of the County and municipalities.
“DWELLINGS.” Any building or portion thereof which is designed for or used for residential purposes.
“DWELLING SINGLE-FAMILY.” A detached residential dwelling unit other than a mobile home 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, MULTIPLE-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.
“EASEMENT.” An authorization grant by a property owner for the use by another of any debated part of his property for clearly specified purpose(s).
“ESSENTIAL SERVICES.” The erection, construction, alteration, or maintenance, by public utilities or governmental agencies, underground or overhead, gas, electrical steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or governmental agencies or for the public health or safety or general welfare, but not including buildings.
“FAMILY.” 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.
“FENCE.” A structure, including entrance and exit gates, designed and constructed for enclosure or screening.
“FINAL PLAT.” The map, drawing, or plan described in this ordinance of a subdivision and any accompanying material submitted to the Commission for secondary approval, and which if approved and signed by the designated officials, may be submitted to the County Recorder for recording.
“FLOOD PLAIN.” The area adjoining the creek or stream that has been or may hereafter be covered by floodwater from the Regulatory Flood. The floodplain includes the channel floodway and floodway fringe.
“FLOOD PROTECTION GRADE.” The elevation of the lowest floor of a building, including the basement, which shall be two feet above the elevation of the Regulatory Flood.
“FLOODWAY.” The channel of a river or stream and those portions of the flood plain adjoining the channel which are reasonably required to carry and discharge the flood water or flood flow of any river or stream.
“FLOODWAY FRINGE.” Those portions of the flood hazard areas lying outside the floodway, shown on the Flood Rate Insurance Maps (FIRM) of the Federal Insurance Administration.
“FRONT YARD DEPTH.” Distance measured from the edge of the front lot line to the nearest point of the buildings foundation.
“GARAGE.” An accessory building or portion of a principal building used for the storage of motor-driven vehicles owned and used by the occupants of the premises.
“GROUND FLOOR AREA OF DWELLING.” The area of a building in square feet, as measured in a horizontal plane at the ground floor level within its largest outside dimensions, exclusive of open porches, breeze-ways, terraces, garages, and exterior or interior stairways.
“HEIGHT.” The distance from the ground where the structure stands to the highest point of the structure.
“HIGHWAY LIMITED ACCESS.” A freeway or expressway, providing for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right to access to or from the same, except at such points and in such manner as may be determined by the public authority having jurisdiction over such a highway.
“HOTEL.” A building in which lodging, or boarding and lodging, are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours.
“IMPROVEMENT LOCATION PERMIT.” A certificate issued under the Zoning Ordinance permitting a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure within its jurisdiction, or cause the same to be done or to change the use or condition of the land.
“JUNK YARD.” An area where used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled including but not limited to appliances, scrap iron and other metals, paper, rags, rubber tires, and bottles. A junkyard includes a vehicle wrecking yard, but does not include uses established entirely within enclosed buildings.
“KENNEL.” Any premises or portion thereof on which more than three dogs, cats, or other animals over one year of age are kept. Kennels are prohibited in the Residential "R" districts, allowed as a special exception in the Business "B" districts. Issues of animal control remain under the jurisdiction of the Decatur County Animal Control Board.
“LOT.” A tract of land with an enclosed legal boundary that is designated by its owner or developer as the tract or area under single ownership and designated for the permitted use at the time of any application for an improvement permit. The meaning of "lot" includes the words "plot" or "parcel". A lot shall be limited to a single use unless otherwise provided by the ordinance or a proceeding under the ordinance. A "lot" may or may not coincide with the boundary description upon the records of Decatur County Indiana. The designation of a lot by an owner under this ordinance shall be binding upon its use by any successor owners or assigns.
More specific lot definitions are as follows:
(1) “LOT, AREA.” The square feet area within the lot lines of the lot.
(2) “LOT, CORNER.” A lot of which at least two adjacent sides abut for their full lengths upon a street. A corner lot may have two (2) front lot lines.
(3) “LOT, DEPTH.” The horizontal linear distance between the front and rear lot lines.
(4) “LOT LINE, FRONT.” On an interior lot, the line separating the lot from the street. On a corner or through lot, the line separating the lot from either street.
(5) “LOT LINE, REAR.” The lot line opposite the front lot line. On a lot pointed at the rear, the rear lot line shall be an imaginary line between the side lot lines parallel to the front lot line, not less that ten (10) feet long, lying farthest from the front lot line. On a corner lot, the rear lot line shall be opposite the side of the house considered to be the front.
(6) “LOT SIDE.” Any lot lines other than a front lot line or rear lot line.
(7) “LOT WIDTH.” The horizontal linear distance across the lot between side lot lines at the building line measured at right angles to the depth.
“MANUFACTURED HOME.” A single-family dwelling unit designed and built in a factory, installed as a permanent residence, which bears a seat certifying that it was built in compliance with the Federal Manufactured Housing Construction and Safety Standards Law (1974 U.S.C. 5401 et seq.), and which also complies with the following specifications:
(1) Shall have been constructed after January 1, 1981 and must exceed nine hundred fifty (950) square feet of occupied space per I.C. 36-7-4(d);
(2) Is attached to a permanent foundation of masonry construction and has a permanent perimeter enclosure constructed in accordance with the One and Two Family Dwelling Code;
(3) Has wheels, axles and towing chassis removed;
(4) Has a pitched roof with a minimum rise of 2/12; and,
(5) Consists of two (2) or more sections which, when joined, have a minimum dimension of 20 feet in width.
“MOBILE HOME PARK.” A specific area of land under single ownership upon which two or more mobile homes are placed for the purpose of being occupied either free of charge or for revenue purposes, and shall include any building, structure, vehicle or enclosure used or intended for use as a part of the equipment of such mobile home park.
“MODULAR HOME.” See Manufactured Home
“NONCONFORMING USE.” Any unlawful use that does not comply with the provisions of this ordinance.
“ORDINANCE.” Any legislative action, however denominated, of a local government which has the force of law, including the amendment or repeal of any ordinance.
“PARKING AREA.” An area of one or more parking spaces located on the same real estate as the building, structure, or premises it is intended to serve, or an adjoining or nearby property other than the public right-of-way, and of such shape and nature to be appropriate and usable for the parking or storage, loading and unloading of motor vehicles. Parking area does not include parking created by the municipality or other governmental agency.
“PLAN COMMISSION.” See Commission.
“PLAT.” A map or chart that shows a division of land and is intended to be filed for record.
“PRE-EXISTING USE.” A lawful use that exists at the time the provision of this ordinance is passed but does not conform with the provisions of the ordinance for the district in which it is located.
“PRELIMINARY PLAT.” The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Commission for approval.
“PRINCIPAL USE.” The primary use to which the premises are devoted and the main purpose for which the premises exist.
“PROFESSIONAL OFFICE.” An office in the dwelling of a member of a recognized profession such as an architect, attorney, dentist, engineer, physician, surgeon, or other such professional person, provided that the professional service is performed by a member of the family and provided further that not more than twenty (20%) percent of the floor area is devoted to such use and provided also that no sign, other than a name plate attached to the building, not exceeding three (3) square feet in area is displayed.
“REAR YARD DEPTH.” Distance measured from the edge of the rear lot line to the nearest point of the building foundation.
“RESTRICTIVE COVENANTS.” See Covenants
“RE-SUBDIVIDE.” A change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use, or any lot line or setback; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
“RIGHT-OF-WAY.” A strip of land occupied or intended to be occupied by a street, pedestrian-way, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, special landscaping, or for another special use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, screening or special landscaping, or any other use involving maintenance by a public agency shall be dedicated to public use by the Subdivider on whose plat such right-of-way is established.
“SETBACK LINE.” A line established by the zoning ordinance, generally parallel with and measured from the lot line (property line), defining the limits of a yard in which no building other than a permitted accessory building or structure may be located above ground, except as may be provided in said ordinance.
“SIDE LOT LINE.” See Lot
“SIDE YARD DEPTH.” Distance measured from the edge of the side yard lot line to the nearest point of the building foundation.
“SIGN.” Any structure or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of any government or governmental agency.
“SKETCH PLAN.” Graphic representation of a scale, indicating the proposed manner of layout of the subdivision meeting the conditions of the ordinance.
“SPECIAL EXCEPTION.” Use of property, structure, or building within a zoning district other than a principally permitted use that is expressly permitted by the ordinance. Special use exceptions are generally considered undesirable or incompatible uses, therefore necessitating special or additional regulations than would otherwise be required in specific zoning district.
“STREET.” A right-of-way that is purchased by a governmental unit or is established by a recorded plat and publicly maintained to provide the principal means of access to abutting property.
“STRUCTURE.” Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location of the ground. Among other things, structures include buildings, walls, fences, and billboards.
“SUBDIVIDER.” Any person who (1), having a proprietary interest in land, causes it, directly or indirectly, to be divided, causes it, directly or indirectly to be divided into a subdivision; or who (2), directly or indirectly sells, leases, or develops, or offers, to sell lease, or develop, or advertises for sale, lease, or development, any interest, lot, parcel site, unit, or plat in a subdivision; or who (3) engages directly or through an agent in the business of selling, leasing, a subdivision of any interest, lot, parcel site, unit, or plat in a subdivision; and who (4) is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing.
“SUBDIVISION.” The division of a parcel of land divided into three (3) or more lots, parcels, sites, units, plats, or interests for the purpose of offer, sale, lease, or development and construction or improvements, either on the installment plan or upon any and all other plans, terms, and conditions, including resubdivision. Subdivision includes the division of development of land zoned for residential and nonresidential uses, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat or other recorded instrument.
“SWIMMING POOL.” A swimming pool used exclusively without paying an additional charge for admission, by the residents and guests of a single household, a multi-family development, a community, the members and guests of a club, or the patrons of a motel or hotel; and accessory use.
“VARIANCE.” A modification of the strict terms of the relevant regulations of this ordinance where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this ordinance would result in unnecessary and undue hardship.
“VICINITY MAP.” A small-scale map showing the location of a tract of land in relation to a larger area.
“YARD.” A space on the same lot with a principal building, such space being open, unoccupied, and unobstructed by buildings or structures from ground to sky except where encroachments and accessory buildings are expressly permitted.
(Ord. 1999-15, passed 12-6-99)