For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY STRUCTURE or APPURTENANT STRUCTURE. A structure that is located on the same parcel of property as the principal structure, the use of which is incidental to the use of the principal structure. Accessory structures should constitute a minimal initial investment, may not be used for human habitation, and be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds.
ACCESSORY STRUCTURES WITH LIVING QUARTERS.
(1) A property owner or occupant wishing to construct a new garage or accessory structure, or remodel any existing accessory structure or garage, which shall include living quarters must submit an improvement location permit and meet all of the requirements in connection therewith.
(2) For purposes of this section, the accessory structure or garage shall be referred to ACCESSORY STRUCTURE OR GARAGE WITH LIVING QUARTERS.
(3) Living quarters are defined as bedrooms, bathrooms, living rooms, and a kitchen.
(4) An ACCESSORY STRUCTURE WITH LIVING QUARTERS shall be permitted in R-1, R-2, and R-3 Districts as a permitted use.
(5) ACCESSORY STRUCTURES OR GARAGES WITH LIVING QUARTERS are not permitted as the principal use on a lot.
(6) The ACCESSORY STRUCTURE OR GARAGE WITH LIVING QUARTERS shall not be rented and shall not be an income producing property.
(7) An ACCESSORY STRUCTURE OR GARAGE WITH LIVING QUARTERS shall also comply with all other developmental standards of this chapter.
(8) The living quarters shall not exceed 800 square feet of the ACCESSORY STRUCTURE WITH LIVING QUARTERS.
ADULT CABARET. A nightclub, bar, restaurant or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities or films, motion pictures, video cassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
AGRICULTURE. The use of land for farming, dairying, pasturage, agricultural, animal and poultry husbandry, and the necessary accessory uses for treating and storing the produce.
ALTERATION. Any change, addition or modification in construction, or any change in the structural members of a building, such as bearing walls, columns, beams, or girders.
BUILDING. A structure, either temporary or permanent, having a roof supported by columns or walls, and intended for the shelter, or enclosure of persons, animals, chattels, or property of any kind. A building shall include mobile homes, manufactured housing, sheds, garages, greenhouses, pole barns and used for the purposes of a building and similar structures. A building shall not include such structures as signs, fences or smokestacks, but shall include structures such as storage tanks, produce silos, coal bunkers, oil cracking towers or similar structures.
BUILDING PERMIT. A permit designed to insure buildings are constructed to building standards as specifications per Building Code ordinance (see Improvement Location Permit).
BUILDING, PRINCIPAL. A building in which the principal use of the lot on which it is located is conducted. Not more than one principal building shall be permitted on any one lot. In any zoning district, an accessory building shall not be erected before a lot’s principal building.
CANOPY. An overhanging or suspended shelter, enclosure or roof-like structure supported on pillars or a frame (projecting from a wall or free-standing) used for the shelter, protection or storage of persons and/or property of any kind. The posts or pillars or other structure supporting the canopy shall be imbedded at least 36 inches below grade. Seasonal canopies, which are defined as canopies permitted during the months of September through and including the following May, and which are used for the shelter, protection or storage of water craft, boat lifts, piers, and similar lake-related personal property, but not motor vehicles, shall require an improvement location permit which permit shall be issued with no permit fee. Seasonal canopies are exempt from the requirement that posts or pillars be embedded at least 36 inches below grade but must be erected in such a fashion as to meet or exceed the minimum installation and erection standards recommended by the manufacturer.
DENSITY. A unit of measurement; the number of dwelling units per acre of land.
DEVELOPMENT. Any man made change to improved or unimproved real estate including, but not limited to, buildings and other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations. DEVELOPMENT does not include activities such as the maintenance of existing buildings and facilities such as painting, re-roofing; resurfaced roads; or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent buildings.
DRIVEWAY. A private road which provides access to a lot, or to a use located on such lot, from a public way.
DWELLING UNIT. A room or group of rooms designed and equipped exclusively for use as living quarters for only one family and its household employees, which must include provisions for living, sleeping, cooking and eating. In addition, such room or group of rooms must be placed on a permanent foundation. DWELLING UNIT shall not include any room or group of rooms as described above that are not placed on a permanent foundation. DWELLING UNIT also shall not include trailers, travel trailers, campers, recreational vehicles or similar units regardless whether such units are placed or not placed on a permanent foundation.
EXCAVATION. The digging and removal of material below the grade level of the surface of the ground to construct a new below grade (below ground surface) improvement including, but not limited to, a footer, basement, foundation, crawlspace, patio, retaining wall or to expose any portion of a below grade improvement for the purpose of accessing the condition of the same and to determine whether the
same needs repaired, supported, improved, or replaced, in whole or in part, whether in connection with new construction or a remodel or rebuild.
FARM. An area of uniform ownership of which the principal use is agricultural.
FARMSTEAD. A farm dwelling unit.
FLOOD HAZARD ORDINANCE. A separate ordinance that restricts development in flood prone areas, as classified by the Federal Insurance Administration. (See Chapter 151)
FLOOD PLAIN. The channel proper and the areas adjoining any wetland, lake or watercourse which have been or hereafter may be covered by the regulatory flood. The flood plain includes both the floodway and the floodway fringe districts.
FLOOR AREA. 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, exterior stairways and all basements including walk-in basements.
FLOOR AREA RATIO. The floor area of a building divided by the area of the lots on which the building is located.
GARAGE. An accessory building used primarily for the storage of motor vehicles used by persons occupying a dwelling unit which is contained in the principal building.
HOME OCCUPATION. An occupation conducted in a dwelling unit or an accessory building to a dwelling unit, which is conducted by a resident of the home and is clearly incidental to the principal use of the property as a residence.
IMPROVEMENT LOCATION PERMIT. A permit stating that the proposed erection, construction, enlargement, or moving of a building or structure complies with the provisions of the Hamilton Zoning Ordinance.
JUNK BUILDING, JUNK SHOPS, JUNK YARDS. Any land, property, structure, building, or combination of the same, on which junk is stored or processed. Junk shall include rags, rubber tires, and bottles, etc.
KENNEL. Any premises or portions thereof on which more than four dogs, cats, or other household domestic animals over four months of age are kept or on which more than two such animals are maintained, boarded, bred, or cared for, in return for remuneration, or are kept for the purpose of sale.
LOT. For the purposes of this chapter, a LOT is a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide yards and other open spaces as are herein required. A LOT shall have frontage on an improved public street or on an approved private street.
LOT AREA. The area of any lot shall be determined exclusive of street, highway, alley, road, or other rights-of-way.
LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT, CORNER. A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if tangent projections of the front lot lines drawn perpendicular at the side lot lines meet at an interior angle of less than 135° in front of the lot.
MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME includes MOBILE HOMES and MODULAR HOMES, but does not include a RECREATIONAL VEHICLE.
MANUFACTURED HOME PARK or SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MANUFACTURED HOME SITE. The area of land in a mobile home park for the parking of one mobile home.
MANUFACTURING. Heavy manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character, require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation; and
normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution, and water pollution.
MANUFACTURING, LIGHT. Manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet, and free of objectionable or hazardous elements such as smoke, noise, odor, or dust; operating and storing within enclosed structures; and generating little industrial traffic and are not nuisances.
MAY. Is permissive.
MOBILE HOME. A factory-fabricated building built on a chassis and so constructed so as to permit it being towed upon public thoroughfares, with a minimum living area of 480 square feet, excluding accessory structures, and designed to be used for year-round living when connected to the required utilities. Mobile homes include expandables and double wides, but not modulars and HUD approved sectionals.
MOBILE HOME PARK. See MANUFACTURED HOME PARK.
MOBILE HOME SUBDIVISION. See MANUFACTURED HOME SUBDIVISION.
MODULAR HOME. A factory-built home of two or more units built other than on the home site. Modular homes will carry the Indiana Building Seal and be constructed to the Indiana 360 Building Code. Modular homes must be placed on a permanent foundation.
NATURAL RESOURCES. The Indiana Natural Resources Commission.
NONCONFORMING USE. A building, structure or use of land existing at the time of enactment of this chapter and which does not conform to the regulations of the district in which it is situated.
OCCUPIED. Includes the words intended, arranged or designed to be used or occupied.
PERIMETER WALL. A foundation or non-load bearing wall that follows the exterior walls of a building and completely encloses the space between the floor joists of the building and the ground.
PERMANENT FOUNDATION. A structural system transposing loads from a structure to the earth at a depth below the established frost line, without exceeding the safe bearing capacity or the support
soil. The foundation is so attached to the land that it cannot be removed without material and substantial injury to the dwelling unit and/or land.
PLANNED UNIT DEVELOPMENT. An area of land in which a variety of residential, commercial, and industrial uses are planned and developed as a whole according to comprehensive and detailed plans with more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations.
PRINCIPAL USE. The primary use to which the premises are devoted and the main purpose for which the premises exist.
REGULATORY FLOOD. The flood having a 1% probability of being equaled or exceeded in any given year, as calculated by a method and procedure which is acceptable to and approved by the Indiana
Natural Resources Commission. The regulatory flood elevation at any location is as defined in Chapter 151. The
REGULATORY FLOOD is also known by the term “Base Flood.”
RESTAURANT. An establishment existing primarily for the sale of food and drink which is prepared, sold and consumed for the most part within the principal building and where entertainment may be provided, but which does not provide the performances as described in the definition of “Adult Cabaret.”
SHALL. Is mandatory.
SHORELINE. The line formed on the lands adjacent to the lake (or other navigable body of water) as the water surface of the lake or other navigable body of water exists at the time of application for a permit from the town. For purposes of determining the length of the shoreline, the length shall be as established on a current survey done by a surveyor licensed and registered in the State of Indiana and properly certified to the owner of the real estate. Notwithstanding the length of the shoreline as established by said survey, in connection with any boatwell, boathouse, channel or any other manmade alteration in the lands adjacent to the lake, the shoreline shall be deemed to extend across the mouth of any such boatwell, boathouse, boathouse, channel or any other manmade alteration so that only the distance across the mouth is included in the length of the shoreline.
SIGN. An identification, description, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land, and which directs attention to a product, place, activity, service, person, institution, or business.
SPECIAL EXCEPTION. A use or structure that may be permitted in a given zoning district, but which requires approval by the Board of Zoning Appeals because of its variable nature.
SPECIAL FLOOD HAZARD AREA or SFHA. Those lands within the jurisdiction of the town that are subject to inundation by the regulatory flood. The SFHAs of the town are generally identified as such on the Flood Insurance Rate Map of the town prepared by the Federal Management Agency and dated August 19, 1986. The SFHAs of the town are generally identified as such on the Flood Insurance Rate Map prepared for Steuben County by the Federal Emergency Management Agency and dated July 3, 1986. The SFHAs of those parts of unincorporated DeKalb County that are within the extraterritorial jurisdiction of the town or that may be annexed into the town are generally identified as such on the Flood Insurance Rate Map prepared for DeKalb County by the Federal Emergency Management Agency and dated January 5, 1989. Or, the updates of any maps as the same are prepared from time to time by the agency and the town is put on formal notice of the same.
SPECIFIED ANATOMICAL AREA. Any of the following: less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Specified sexual activities mean and include any of the following: the fondling or other erotic touching of human genitals, pubic region, buttocks, anus or
female breasts; sexual acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; masturbation, actual or simulated; or excretory functions as part of or in connection with any of the activities set forth above in this definition.
STRUCTURE. Anything constructed or erected, the use of which requires location on ground or attachment to something having location on the ground. Structures include, but are not limited to, principal and accessory buildings, radio, television and cellular phone towers, decks, fences, privacy screens, walls, antennae, swimming pools, signs, gas or liquid storage facilities, manufactured homes, prefabricated buildings, street directional or street name signs and billboards. The term also includes recreational vehicles or portable items similar to a structure located on a site for more than 180 days.
TAVERN. An establishment existing primarily for the sale or dispensing of liquor by the drink for on-site consumption by the general public, where minors are not allowed on the premises, and where food may be available for on-site consumption and entertainment provided on the premises, but which does not provide the performances as described in the definition of “Adult Cabaret.”
USE. The specific purposes for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained.
USED. Includes the words intended, arranged, or designed to be used or occupied.
VARIANCE. A modification of the strict terms of the relevant regulations of this chapter 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 chapter would result in unnecessary and undue hardship.
VETERINARY CLINIC. A structure used by a licensed veterinarian to provide medical assistance to animals.
YARD. An open space other than a court on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter. In calculating the size of yards, the measurement is to be taken from the furthest protruding point of the building (i.e. eaves).
YARD, FRONT. A yard across the full width of the lot extending from the front lot line of the principal building to the front of the lot. The front of the lot starts from the road right-of-way. The front yard of a lot abutting a lake shall be that portion of the lot that abuts the lake except for lots which abut Terry Lake.
(‘88 Code, § 10-1-4) (Ord. 88-5, passed 5-2-88; Am. Ord. 94-2, passed 4-4-94; Am. Ord. 96-5, passed 12-2-96; Am. Ord. 98-8, passed 8-31-98; Am. Ord. 2000-12, passed 11-6-00; Am. Ord. 2002-16, passed 1-6-03; Am. Ord. 2004-14, passed 8-2-04; Am. Ord. 2005-04, passed 10-3-05; Am. Ord. 2015-3, passed 11-2-15; Am. Ord. 2016-4, passed 9-6-16; Am. Ord. 2020-3, passed 12-7-20; Am. Ord. 2022-4, passed 9-6-22)