For the purposes of this chapter, the following definitions apply unless the context clearly requires a different meaning.
ACCESSORY USE. A use incidental to the principal use of a building. In buildings restricted to residential use, the office of a professional person, customary family occupations and workshops not conducted for compensation shall be deemed ACCESSORY USES.
ADMINISTRATOR. The officer appointed by or delegated the responsibility for the administration of this chapter by the Town Council.
ADVISORY PLAN COMMISSION. A planning commission serving a single local government jurisdiction and established as defined under I.C. 36-7-1-2. The town’s Plan Commission is an ADVISORY PLAN COMMISSION.
ALLEY. A public way which affords only a secondary means of access to abutting property.
APARTMENT HOUSE. A building providing more than two rooms or suites of rooms designed as a single-family dwelling, with each including culinary accommodations.
APPLICANT. The fee simple owner of land who makes application to the Plan Commission for action by said Commission thereby affecting said land.
[Reserved]
ARTERIAL STREET. A street which provides through-traffic at higher speeds and service than a local street or a collector street. ARTERIAL STREETS are not designed to “calm” traffic; their purpose is to move traffic through.
BUILDING LINE. The line which establishes the minimum permitted distance on a lot between the front line of a building and the street right-of-way line.
BUILDING PERMIT. See IMPROVEMENT LOCATION PERMIT.
CAMPGROUND. Any site, lot, field or tract of land under single ownership or the ownership of two or more people which is designed with facilities for short-term occupancy by recreational vehicles and other camping equipment, but not including mobile homes.
CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when such are operated in conjunction with and within the boundaries of such CEMETERY.
CERTIFICATE OF COMPLIANCE. An occupancy permit as cited in I.C. 36-7-4-801 and I.C. 36-7-4-802. A CERTIFICATE OF COMPLIANCE is commonly understood to be a final approval resulting from satisfying all terms of the applicable permits.
CHILD CARE CENTER. A state-licensed or exempted facility in a nonresidential structure where one or more individuals provide child care for any number of children, in a residentially-occupied residential structure where individuals provide child care for 11 or more children at any time or in a nonresidentially-occupied residential structure for six or more children at any time.
COLLECTOR STREET. A street which collects local streets to higher-classification roads.
COMMISSION. The Advisory Plan Commission of the town.
COMPREHENSIVE PLAN. The official, comprehensive plan of the town as may be amended. Such plan is used as a guideline in developing this chapter.
CONDOMINIUM. Real estate lawfully subjected to I.C. 32-25 et seq., the Horizontal Property Law, by the recordation of condominium instruments, in which undivided interests in the common areas and facilities are vested in the condominium unit owners.
CONSTRUCTIONS STANDARDS. The Construction Standards for Subdivisions and Development as adopted by Ordinance No. 2002-13, and as may be amended from time to time.
DESIGN REVIEW COMMITTEE. A panel established by the town to provide technical services to the Plan Commission in administering this chapter.
DETACHED BUILDING. A building that has no structural connection with another building.
DISTRICT. A section or sections of the town for which the regulations governing the use of buildings and premises, and for which the height and area of buildings, are uniform.
DRIVES, PRIVATE. Vehicular streets and driveways, paved or unpaved, which are wholly within private property except where they intersect with public streets within public rights-of-way.
DWELLING. A building or a portion thereof which is used exclusively for residential occupancy, including one-family and multiple-family dwellings but not including hotels, lodging or boarding houses or tourist homes.
EASEMENT. A portion or strip of land which is part of a lot or parcel but has been reserved for a specific use or for the access of persons, utilities or services.
FAMILY. One or more persons living as a single housekeeping unit.
FARM. An area used for agricultural operations including truck gardening, forestry, the operating of a tree or plant nursery or the production of livestock and poultry.
FLOOD HAZARD AREAS. Those floodplains which have not been adequately protected from flooding caused by the regulatory flood and which are shown on the zoning map, on the flood hazard or floodway-flood boundary maps of the Federal Insurance Administration or on maps provided to the Commission from the state’s Natural Resources Commission.
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.
FLOODPLAIN. The area adjoining a river or stream which has been or may hereafter be covered by floodwater from the regulatory flood.
FLOODWAY. See REGULATORY FLOODWAY.
FLOODWAY FRINGE. The portion of the floodplain lying outside of the floodway which is inundated by the regulatory flood.
FOUNDATION. The supporting member of a wall or structure which is situated in the ground.
FRONT LOT LINE. For an interior or through lot, the line marking the boundary between the lot and the abutting street, lake or watercourse, and for a corner lot, the line marking the boundary between the lot and the shorter of the two abutting street segments.
FRONT YARD. The horizontal space between the nearest foundation of a building to the right-of- way line and said right-of-way line, which extends to the side lines of the lot and is measured as the shortest distance from that foundation to the right-of-way line. For a corner lot, the FRONT YARD shall be that yard abutting the street upon which the lot has its least frontage, except as deed restrictions specify otherwise.
GARAGE, PRIVATE. An enclosed space for the storage of one or more motor vehicles provided that no business, occupation or serve is conducted for profit therein, nor that space for more than one car is leased therein to a nonresident of the premises.
GARAGE, PUBLIC. Any garage other than a private garage which is available to the public, operated for gain and used for the storage, repair, rental, servicing or equipping of automobiles or other motor vehicles.
GROUND FLOOR AREA. The square-feet 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.
HEIGHT. With respect to a building, the vertical distance from the lot’s ground level to the highest point for a flat roof, to the deck line for a mansard roof and to the mean height between eaves and ridges for a gable, hip or gambrel roof.
HOSPITAL. A building used for the diagnosis, treatment or other care of human ailments, unless otherwise specified.
HOTEL or MOTEL. A building or a portion thereof which is used for the more-or-less temporary occupancy of individuals who are lodged, whether with or without meals.
IMPROVEMENT LOCATION PERMIT. Written permission issued by the Administrator or his or her designee to permit a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish or add to any building or structure within its jurisdiction, to cause the same to be done or to change the use or condition of the land.
LAUNDERETTE. A business premises which is equipped with individual clothes washing machines for the use of retail customers, but which is exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.
LOCAL STREET. A street which provides access to houses.
LOT. A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or building development.
LOT, CORNER. A lot situated at the intersection of two streets, with the interior angle of such intersection not exceeding 135 degrees. A lot with streets abutting more than two sides shall also be a CORNER LOT.
LOT COVERAGE. The horizontal area of all buildings on a lot as a percentage of the lot area.
LOT WIDTH. The distance between the side lot lines as measured on the building line.
MAJOR SUBDIVISION. Any subdivision not classified as a minor subdivision including, but not limited to, subdivisions of four or more lots or a subdivision of any size requiring any new street, an extension of the local government facilities or the creation of any public improvements.
MANUFACTURED HOME. A single-family dwelling unit designed and built in a factory and installed as a permanent residence which bears a seal certifying that it was built in compliance with the federal Manufactured Housing Construction and Safety Standards Act of 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 950 square feet of occupied space;
(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; and
(3) Has the wheels, axles and towing chassis removed.
MEDICAL CLINIC. An establishment where patients are admitted for special study and treatment by two or more licensed physicians and their professional associates practicing medicine together.
MINOR SUBDIVISION. Any subdivision containing not more than three lots which fronts on an existing street which is an improved right-of-way maintained by the town or other local government, and one not involving any new streets or the creation of any public improvements, not adversely affecting the remainder of the parcel or adjoining properties and not in conflict with any provision or portion of the town’s Comprehensive Plan or zoning ordinance.
MOBILE HOME. Any vehicle without motive power which is designed by the manufacturer or maker with hitch and undercarriage so as to permit the attachment of axles and wheels designed to permit it to be used as a conveyance upon public streets and highways and which is so designed, constructed or reconstructed as will permit the vehicle to be used as a single-family dwelling, but not one qualifying under the definition of manufactured home.
MOBILE HOME PARK/MANUFACTURED HOME COMMUNITY (MHP/MHC). A site with required improvements and utilities containing four or more mobile home park or manufactured home park lots which may include services and facilities for its residents, and within which recreational vehicles and tents shall not be used as places of abode.
MULTI-FAMILY DWELLING. A dwelling, on a separate lot, containing more than two dwelling units.
NONCONFORMING USE. A building, structure or use of land existing at the time of enactment of this chapter which does not conform to the regulations of the district or zone in which it is situated.
NURSING HOME or CONVALESCENT HOME. Any dwelling with less than 15 sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
PARKING AREA, PUBLIC. An open area other than a street which is used for the temporary parking of more than four automobiles and is available for public use, whether free, for compensation or as an accommodation for clients or customers.
PARKING SPACE (OFF-STREET). A space other than a street, but accessible from a street or alley, which is used for the temporary parking of a motor vehicle and is not less than nine feet wide and 20 feet long, exclusive of passageways.
PLAT. A map indicating the subdivision or resubdivision of land which is filed or intended to be filed for record with the county’s Recorder.
PRIMARY ARTERIAL. A street intended to move through-traffic to and from such major attractors as central business districts, regional shopping centers, colleges and universities, military installations, major industrial areas and similar traffic generators within the town or as a route for traffic between communities.
PRIMARY USE. The principal, predominate use of real estate.
PRIMARY-USE BUILDING. A building, including any other building attached in a substantial way, such as by a roof, in which the primary use of the lot or parcel is conducted. For single-family and two-family residential uses, it is the main dwelling or dwellings. For multi-family residential uses, it is all dwelling units. Only one PRIMARY-USE BUILDING is permitted per lot or parcel.
PROFESSIONAL OFFICE. The office of a member of one of the recognized professions, said professions being minister, attorney, dentist, engineer, physician, surgeon, licensed real estate broker, licensed broker and public accountant.
PROPERTY LINE. The line marking the boundary between properties, both public and private, which is evidenced by a certified stake survey or by recorded agreement between all adjoining landowners.
PUBLIC IMPROVEMENT. Any drainage ditch, street, highway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established. All such IMPROVEMENTS shall be properly bonded.
REAR LOT LINE. For an interior or corner lot, the lot line which is opposite the front lot line and farthest from it; for a triangular or other irregularly- shaped lot, the REAR LOT LINE IS the line ten feet long, parallel to the front lot line and wholly within the lot which is farthest from the front lot line.
REAR YARD. A yard as defined herein which encompasses the horizontal space between the nearest foundation of a building to a rear lot line and that rear lot line and extends to the side lines of the lot, measured as the shortest distance from the foundation to the rear lot line. The REAR YARD of a corner lot shall be that yard at the opposite end of the lot from the front yard.
RECREATIONAL VEHICLE. A portable vehicular structure designed as a temporary dwelling for travel and vacation uses which is identified as a travel trailer or motor home by the manufacturer of the unit and which is of a size that is street legal.
REGULATORY FLOOD. The flood having a peak discharge which can be equaled or exceeded on an average of once in a 100-year period as calculated by a method and procedure which is acceptable to and approved by the state’s Natural Resources Commission; this flood is equivalent to a flood having a 1% probability of occurrence in any given year.
REGULATORY FLOODWAY. The channel of a river or stream, those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flow of the regulatory flood of any river or stream and the area covered by floodwaters in significant downstream motion or covered by significant volumes of stored water during the occurrence of the regulatory flood.
SECONDARY ARTERIAL. A street intended to collect and distribute traffic in a manner similar to primary arterials, except such streets service minor traffic-generating areas such as major recreational areas, community-commercial areas, churches, offices and hospitals or are designed to carry traffic from collector streets to the system of primary arterials.
SETBACK. A line parallel to and equidistant from the relevant lot line, front, back or side, between which no buildings may be erected as prescribed in this chapter.
SIDE LOT LINE. Any line separating two lots other than front or rear lot lines.
SIDE YARD. The horizontal space between the nearest foundation of a building to the side lot line and that side lot line which is unoccupied other than by architectural appurtenances projecting not more than 24 inches into that space.
SIGN. A visual device or structure used for advertising, display or publicity purposes.
SIGN, PORTABLE OR FREESTANDING. Any sign designed to be moved from one location to another which is not permanently affixed to the ground or to a structure, or which is affixed by means of tie-down straps or stakes.
SIGN, TEMPORARY. Any sign which by its intention, design, construction, location, method, placement or other considerations could be construed as having a defined period of usefulness.
SINGLE-FAMILY DWELLING. A building, on a separate lot, containing one dwelling unit.
SPECIAL USE. The authorization of a use which is designated by this chapter as being permitted in the district concerned if it meets special conditions and which, upon application, is specifically authorized by the Advisory Board of Zoning Appeals.
STREET. A right-of-way purchased by a governmental unit or established by a recorded plat which is publicly maintained so as to provide the principal means of access to abutting property.
STRUCTURE. Anything constructed or erected which requires location on or in the ground or an attachment to something having a location on or in the ground.
SUBDIVISION. The division of a parcel of land into two or more lots, parcels, sites, units, plats or interests for the purpose of offer, sale, lease or development either on the installment plan or upon any and all other plans, terms and conditions, including resubdivision.
SUBDIVISION REGULATIONS. The subdivision regulations of the town as adopted by Ordinance No. 2002-13 and as may be amended from time to time.
SWIMMING POOL. An aboveground or in- ground pool which is not dismantled seasonally, meaning for less than six months, is at least 18 inches deep and is used for recreational purposes.
TRADE SCHOOL or BUSINESS SCHOOL. Secretarial schools or colleges, business schools or colleges when not public and not owned or conducted by or under the sponsorship of a religious or charitable organization and schools conducted as commercial enterprises for teaching instrumental music, dancing, barbering or hairdressing or for teaching industrial skills, whereby machinery is employed as a means of instruction.
USE. The employment or occupation of a building, structure or land for a person’s service, benefit or enjoyment.
USE VARIANCE. The approval of a use other than that prescribed by this chapter. Changes of allowed uses are not permitted by this chapter except by zoning map amendment.
VARIANCE. A specific approval which is granted by the Advisory Board of Zoning Appeals in the manner prescribed by this chapter to deviate from the development standards, such as height, bulk or area, which this chapter otherwise prescribes.
YARD. An open space other than a court which is on the same lot with a building and is unoccupied and unobstructed by any portion of a building from the ground upward except as otherwise provided herein. In measuring a YARD for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the building shall be used.
ZONE or DISTRICT. A section of the territory under the jurisdiction of the town for which uniform regulations governing the use, height, area, size and intensity of use of buildings, land and open spaces about buildings are herein established.
ZONE MAP. The map of the town’s zones adopted July 27, 1955, and amended June 2001, and any such future amendments to said map.
(Ord. 2002-5, passed 7-2-2002; Ord. 2005-1, passed 2-1-2005; Ord. 2005-5, passed 11-1-2005; Ord. 2008-5, passed 11-4-2008)