(A) Unless the context clearly indicates to the contrary, words used in the present tense include the future tense; words used in the plural number include the singular; the word “herein” means “in these regulations”; and the word “regulations” means “these regulations”.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. See BUILDING, ACCESSORY.
ADVERTISING SIGN. Any structure, object, or device erected, maintained, or used for advertising purposes, related to the permitted use of the premises upon which it is located. This definition does not include the term “billboard”.
AGRICULTURE. The art or science of cultivating the ground, and raising and harvesting crops. Also often includes feeding, breeding, and management of livestock; tillage; husbandry; farming; and in a broader sense, the production of plants and animals useful to people, including, to a variable extent, the preparation of those products for people’s use and their disposal by marketing or other means of distribution. This includes the use of land for farming, dairying, pasturage, agriculture, apiculture, horticulture, floriculture, viticulture, animal and poultry husbandry, and the necessary ancillary functions for packing, treating, or storing the produce, provided however, that:
(a) The operation of any such ancillary functions shall be secondary to that of normal agricultural activities;
(b) The above functions shall not include the feeding or sheltering of animals or poultry in penned enclosures within 100 feet of any residential district; and
(c) The term AGRICULTURE does not include the operation or maintenance of a commercial stockyard or feedlot where large numbers of livestock are fed concentrated feed particularly for the purpose of fattening for market.
AIRPORT. Any location, either on land or water, or structure that is designed or used for the landing and taking-off of aircraft, includes all necessary buildings and facilities, if any.
ALLEY. See STREET.
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.
APARTMENT. A room or suite of rooms in a multiple dwelling or where more than one dwelling unit is established in any building intended, designed, used, or suitable for use by one or more persons as a place of residence with kitchen facilities.
APPLICANT. The owner of land proposed to be subdivided or his or her representative. Consent shall be required from the legal owner of the premises.
APPROPRIATE AGENCY or APPROPRIATE OFFICIAL. The agency or official that will inspect improvements. The APPROPRIATE AGENCY OR OFFICIAL for roads and drainage is the Town Engineer; for water systems, the water company that will provide water service to the subdivision; for sewer lines, the AGENCY that will treat the sewage; and for septic systems, the county’s Health Department or the state’s Health Department.
ARTERIAL. See STREET.
ASSISTED LIVING FACILITY. A residential setting-combining housing, personalized supportive services, and health care, which is designed to meet the individual needs of mentally or physically limited persons who need help with activities of daily living but do not need the skilled medical care provided in a nursing home.
AUCTION USE. A building or any specific closed or open area where merchandise is assembled and sold by a form of sale called an auction.
AUTOMOBILE SALES ROOM. The use of all or part of a building for the display and sale of new or used automobiles.
AUTOMOBILE SERVICE STATION. A building designed primarily for the supplying of motor fuel, oil, lubrication, and accessories to motor vehicles, but excluding major repair and overhaul.
AUTOMOTIVE, MOBILE HOME, TRAVEL TRAILER, FARM IMPLEMENT, AND CONSTRUCTION MACHINERY SALES. The sale or rental of new or used motor vehicles, mobile homes, travel trailers, farm implements, and construction machinery.
BASEMENT. A portion of the building having more than half its clear height below the average grade of the adjoining ground.
BASEMENT, EXPOSED. A portion of the building having less than half its clear height below the average grade of the adjoining ground.
BED AND BREAKFAST. A property occupied by an owner and/or operator providing overnight accommodations to guests, with or without meals for hire or pay, for the traveling or vacationing public. It does not include boarding house, rooming house, domiciliary hostel, group home, hotel, or motel.
BILLBOARD. Any structure, object, or device erected, maintained, or used for advertising purposes not related to the use of the premises upon which it is located.
BLOCK. A tract of land bounded by streets, or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.
BOARD. Board of Zoning Appeals.
BOARDING AND LODGING HOUSE. A building where, for compensation, lodging or lodging and meals are provided for three or more persons, not including members of the keeper’s immediate family, by prearrangement for definite periods.
BOND. Any form of security including a cash deposit surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Plan Commission. All BONDS shall be approved by the Commission wherever a bond is required by these regulations.
BUILDING. Any roofed structure designed and built for the support, shelter, enclosure, or protection of persons, animals, chattels, or movable property of any kind.
BUILDING, ACCESSORY. A building subordinate to another structure, detached from it but located on the same lot, which does not change or alter the character of the premises and which is not used for human occupancy.
BUILDING AREA. The maximum horizontal projected area of the principal and accessory buildings, excluding open steps or terraces, unenclosed porches, or architectural appurtenances projected not more than two feet.
BUILDING CODE. The town ordinance or group of ordinances establishing and controlling the standards for constructing buildings, utilities, mechanical equipment, and all forms of structures and permanent installations and related matters within the town; also referred to herein as the TOWN BUILDING CODE. In lieu of a separate town building code, the current State Building Code will serve as the town’s BUILDING CODE.
BUILDING, DETACHED. A building having no structural connection with another building.
BUILDING, FRONT LINE OF. The line of the face of the building nearest the front lot line.
BUILDING, HEIGHT OF. The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridges for gable, hip, and gambrel roofs.
BUILDING LINE. The line that establishes the minimum permitted distance on a lot between the front roof line of a building and the street right-of-way line. A building shall not extend beyond the BUILDING LINE unless varied according to procedures in the zoning ordinance.
BUILDING PERMIT. A permit stating that the proposed erection, construction, enlargement, or moving of a building or structure referred to therein complies with provisions and regulations contained in the town zoning ordinance and/or the town’s subdivision regulations and/or other pertinent ordinances of the town.
BUILDING, PRINCIPAL. A building in which is conducted the permitted use of the lot on which said building is situated.
BUILDING SITE. An area proposed or provided and improved by grading, filling, excavation, or other means for erecting pads or foundations for buildings.
BUSINESS, CONVENIENCE. Commercial establishments which cater to and can be located in close proximity to or within residential districts without creating excessive congestion, noise, or other objectionable influences. CONVENIENCE uses include, but need not be limited to, drugstores, beauty salons, barbershops, carryouts, dry cleaning and laundry facilities, and small grocery stores, if the aggregate total floor area of such facilities does not exceed 10,000 square feet. Uses in this classification tend to serve the day-to-day needs of the neighborhood.
BUSINESS, GENERAL. Commercial uses which generally require locations on or near major arterials and/or their intersections, and which tend, in addition to serving day-to-day needs of the neighborhood, to also supply the more durable and permanent needs of the whole community. GENERAL BUSINESS uses include, but need not be limited to, such activities as major supermarkets; stores that sell hardware, apparel, footwear, appliances, and furniture; and various department and discount stores. Also included here may be drive-in banks.
BUSINESS, HIGHWAY. Commercial uses which generally require locations on or near major arterials and/or their intersections, and which tend to serve the motoring public. HIGHWAY BUSINESS uses include, but need not be limited to, such activities as filling stations, automotive sales and service, restaurants and motels, and commercial recreation.
BUSINESS, OFFICE TYPE. Quasi-commercial uses which may often be transitional between retail business and/or industrial and residential uses. OFFICE BUSINESS generally accommodates such occupations as administrative, executive, professional, accounting, clerical, and drafting. Institutional offices of a charitable, philanthropic, religious, or educational nature are included here.
BUSINESS SERVICES. Any activity which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in businesses and homes.
BUSINESS, WHOLESALE. Business establishments that generally sell commodities and materials in large quantities or by the piece to retailers, jobbers, or other wholesale establishments. These commodities are basically for further resale, for use in the fabrication of a product, or for use by a business service.
CAMP, PUBLIC. Any area or tract of land used or designed to accommodate two or more recreational vehicles or mobile homes or two or more camping parties, including cabins, tents, or other camping outfits.
CAPITAL IMPROVEMENTS PROGRAM. A proposed schedule for all future projects in order of construction priority together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditure of public funds, over and above the annual local government’s operating expenses, for the purchase, construction, or replacement of the physical assets for the community are included.
CARPORT. A structure with a roof supported by columns and/or one or more solid walls for the shelter of an automobile(s).
CELLULAR ANTENNA TOWER. A tower constructed for, or an existing facility that has been adapted for, the location of transmission or related equipment to be used in the provision of cellular telecommunications services or personal communications services.
CEMETERY. Land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery for which perpetual care and maintenance are provided.
CENTRAL SEWERAGE SYSTEM. A community sewer system, including collection and treatment facilities established by the developer to serve a new subdivision in an outlying or generally rural area.
CENTRAL WATER SYSTEM. A private water company formed by a developer to serve a new community development in an outlying or generally rural area. It includes water treatment and distribution facilities.
CHANNEL. A natural or artificial watercourse, with definite bed and banks to confine and conduct continuously or periodically flowing water.
CHARACTERISTICS OF USE. The permitted uses that are characteristic of an area of land or a building or structure.
CHILD CARE FACILITY. A home or facility, designed for the temporary care of four or more infants and/or children not all of common parentage, which is not licensed by the state as a child care institution, day nursery, or children’s home.
CLASSIFICATION OF STREETS. Functional classification is defined as the process by which streets and roads are grouped into classes, or systems, according to the character of service they are intended to provide. Functional classification can be applied in planning street and road system development, determining the jurisdictional responsibility for particular systems, and in fiscal planning. Three main classes are generally accepted under the functional classification scheme: arterials; collectors; and locals.
CLINIC. A building used for the care, diagnosis, and treatment of sick, ailing, infirm, or injured persons, and those who are in need of medical and surgical attention, but which building does not provide board, room, or regular hospital care and services.
CLUB. Buildings and facilities, owned or operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, to which membership is required for participation, and not operated primarily for profit or to render a service which is customarily carried on as a business.
COLLECTOR. See STREET.
COMMERCIAL ENTERTAINMENT FACILITY. Any activity that is generally related to the entertainment field, such as a motion picture theater, carnival, cocktail lounge, nightclub, and similar entertainment activities.
COMMISSION. The Plan Commission, appointed in accordance with I.C. 36-7-1.
COMMON WALL. A wall, starting from the foundation and extending continuously through all stories to or above the roof, which separates one building from another and is in joint use by each building.
COMPREHENSIVE DEVELOPMENT PLAN. A plan, or any portion thereof, adopted by the Plan Commission and the legislative authority of the town, showing, in graphic and verbal statement forms, the general location and extent of present and proposed physical, social, and economic plans and policies for the development of the town, including housing, industrial and commercial uses, parks, schools, transportation, and other community facilities and including any part of such plan and/or policies separately adopted and any amendments to such plan and/or policies or parts thereof.
CONDITIONAL USE. A use allowed within a district other than a permitted use, requiring a conditional use permit issued by the Zoning Inspector upon approval by the Plan Commission. CONDITIONAL USES permitted in each district are listed in the Official Schedule of District Regulations or special exceptions.
CONDOMINIUM. The absolute ownership of a specified space in a multiple dwelling or other multiple-occupancy building with tenancy-in-common ownership of portions used jointly with other owners.
CONFINEMENT FEEDING. The confined feeding of animals for food, fur, or pleasure purposes in lots, pens, ponds, sheds, barn buildings, or any other structure where food is supplied to the animals only by means other than grazing. The term as defined by the state’s Department of Environmental Management means the feeding of 300 or more cattle, 600 or more swine or sheep, or 30,000 or more fowl that are housed (or penned) in a confined area.
CONSTRUCTION PLANS. The maps, drawings, and textual descriptions accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision in accordance with the requirements of the Commission as a condition of the approval of the plat.
CONSTRUCTION STANDARDS. The town’s construction standards for development and public improvements as adopted and amended.
COUNCIL. The Town Council of Hanover, Indiana.
COVENANT. A written promise or pledge.
CUL-DE-SAC. See STREET.
CULVERT. A drain that channels water under a bridge, street, or driveway.
DAY CARE FACILITY. See CHILD CARE FACILITY.
DEAD-END STREET. See STREET.
DEDICATION. The setting apart of land or interests in land for use by the public by ordinance, resolution, or entry in the official minutes as by the recording of a plat.
DENSITY. A unit of measurement of the number of dwelling units per acre of land.
(a) GROSS DENSITY. The number of dwelling units per acre of the total land to be developed, including public right-of-way.
(b) NET DENSITY. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding public right-of-way.
DETACHED BUILDING. A building having no structural connection with another building.
DEVELOPER. Authorized agent(s) of a subdivider or the subdivider himself or herself. The DEVELOPER may be the owner of land proposed to be subdivided or his or her representative, the subdivider.
DISTRICT. A part of the town wherein restrictions of the zoning ordinance are uniform.
DORMITORY. See ROOMING HOUSE.
DRIVE-IN BUSINESS. An establishment with facilities for attracting and servicing prospective customers traveling in motor vehicles which are driven onto the site where such business is carried on, where normally the customer remains in the vehicle for service, but shall not include car washing establishments, drive-in theatres, or service stations.
DRIVES, PRIVATE (DRIVEWAY) . Vehicular streets and driveways, which have been graded and graveled or surfaced with concrete, asphalt, crushed stone or other hard surfaces and dustless material, which are wholly within private property except where they intersect with other streets within public rights-of-way.
DUMP. A lot of land or part thereof used for the disposal by abandonment, dumping, burial, and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or part thereof, or waste material of any kind.
DUPLEX. A two-family dwelling or house.
DWELLING. A fixed structure or building containing one or more dwelling units.
DWELLING, INDUSTRIALIZED UNIT. A manufactured assembly of building materials and products that is self-sufficient or substantially self-sufficient to constitute a dwelling unit which is intended to be moved to and installed on a building site, including modular or section units but no mobile homes.
DWELLING, MULTI-FAMILY. A dwelling consisting of three or more dwelling units with varying arrangements of entrances and common walls, including condominiums, apartments, town homes, and patio homes.
DWELLING, SEASONAL. A single detached dwelling used essentially for recreation, rest, or relaxation from time to time, throughout any season of the year, by any person or persons, but not intended to be used continually in excess of five months or as a permanent residence.
DWELLING, SINGLE-FAMILY. A dwelling consisting of a single dwelling unit, only, separated from other dwelling units by open space.
DWELLING, TWO-FAMILY. A dwelling consisting of two dwelling units which may be attached either side by side or one above the other, and each unit having a separate or combined entrances or entrance. Commonly referred to as DUPLEX.
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, including provisions for living, sleeping, cooking, and eating. The term shall include mobile homes, but shall not include travel trailers or recreational vehicles.
EASEMENT. An authorization grant by a property owner for the use by another of any designated part of his or her property for a clearly specified purpose(s).
ESCROW. A deposit of cash with the Commission in lieu of an amount required and still in force on a performance or maintenance bond. The Clerk-Treasurer shall hold such escrow funds.
ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance of gas, electrical, or communication facilities; steam, fuel, or water transmission or distribution systems; or collection, supply, or disposal systems. Such systems may include towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants, and similar accessories, but shall not include buildings which are necessary for the furnishing of such services.
FAMILY. One or more persons occupying premises and living as one housekeeping unit using one kitchen, and distinguished from a group occupying a boarding house, lodging house, fraternity or sorority house, a club, or a hotel.
FARM. An area used for agricultural operations including crop production, truck gardening, forestry, the operation of a tree or plant nursery, or the production of livestock and/or poultry.
FARM VACATION ENTERPRISES (PROFIT OR NON-PROFIT). Farms adapted for use as vacation farms; picnicking and sports areas; fishing waters; camping, scenery, and nature recreation areas; hunting areas; hunting preserves; and watershed projects.
FENCE. A structure, including entrance and exit gates, designed and constructed for enclosure or screening.
FILLING STATION. See AUTOMOBILE SERVICE STATION.
FINAL PLAT APPROVAL. The stage of application for formal Plan Commission approval of a final plat of a subdivision, the construction of which has been completed or substantially completed, with completion guaranteed by a performance bond, which, if approved and signed by the designated officials, may be submitted to the County Recorder for filing.
FLEXIBLE ZONING. Zoning which permits uses of land and density of buildings and structures different from those that are allowed within the zoning district in which the land is situated. FLEXIBLE ZONING applications shall pertain to Planned Unit Developments (PUDs).
FLOOD or FLOOD WATER. The temporary inundation of land adjacent to and inundated by overflow from a river, stream, lake, or other body of water.
FLOOD CONTROL. The prevention of floods; the control, regulation, diversion, or confinement of flood water or flood flow; and the protection therefrom, according to sound and accepted engineering practice, to minimize the extent of floods, and the death, damage, and destruction caused thereby, and all things incidental thereto or connected therewith.
FLOOD HAZARD AREA. A floodplain, or portion thereof, which has not been adequately protected from flood water by means of dikes, levees, reservoirs, or other works approved by the state’s Department of Natural Resources. See Ch. 154 of this code of ordinances.
FLOOD PROTECTION GRADE. The elevation of the lowest point around the perimeter of a building at which flood waters may enter the interior of the building.
FLOOD, REGULATORY (OR REGIONAL). A flood having a peak discharge which can be expected to be equaled or exceeded on the 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 Department of Natural Resources. The 100-year frequency flood is equivalent to a flood having a probability of occurrence of 1% in any given year (a flood magnitude that has a 1% chance of being equaled or exceeded in any given year).
FLOODPLAIN. The relatively flat area or low land adjoining the channel of a river or stream that has been or may be covered by flood water. The FLOODPLAIN includes the channel, floodway, and floodway fringe.
FLOODWAY, REGULATORY. The channel of a river or stream and 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 shown on the floodway boundary maps of the Federal Emergency Management Agency.
FLOODWAY FRINGE. Those portions of the flood hazard areas lying outside the floodway.
FLOOR AREA, GROSS. The sum, in square feet, of the floor areas of all roofed portions of a building, as measured from the interior faces of the exterior walls. It includes the total of all space on all floors of a building. It does not include porches, garages, or space in a basement or cellar when said basement or cellar space is used for storage or other such incidental uses.
FLOOR AREA, NET. The gross floor area, excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms, storage spaces, display windows, fitting rooms, and the like, in a nonresidential building. The NET AREA is used in calculating parking requirements.
FLOOR AREA RATIO. The floor area of the building divided by the area of the lot on which such building is located.
FLOOR AREA, USABLE. Same as FLOOR AREA, GROSS.
FOOD PROCESSING. The preparation, storage, or processing of food products. Examples of these activities include bakeries, dairies, canneries, and the like.
FOUNDATION. The supporting member of a wall or structure.
FRONTAGE. The length along the street right-of-way line of a single lot, tract, or development area between the side lot lines of the property. It is that side of a lot abutting a street and ordinarily regarded as the front of the lot.
FRONTAGE STREET. See STREET.
FRONT LINE OF BUILDING. The line of the face of the building nearest the front lot line.
GARAGE, PRIVATE. An accessory building, or an accessory portion of the principal building, used for storing or parking of automobiles, recreational vehicles, and/or boats of the occupants of the premises and wherein not more than one space is rented for parking to a person not resident of the premises.
GARAGE, PUBLIC. A principal or accessory building other than a private garage, used for parking or temporary storage of passenger automobiles, and in which no service shall be provided for remuneration.
GRADE. The slope of road, street, or other public way, specified in terms of percentage.
HEALTH DEPARTMENT and HEALTH OFFICER. The agency or person designated by the town to administer the health regulations within the town’s jurisdiction.
HEIGHT OF BUILDING. See BUILDING, HEIGHT OF.
HIGHWAY. See STREET.
HOME OCCUPATION. An occupation in a dwelling unit, provided that:
(a) No more than one person other than members of the family residing on the premises shall be engaged in such occupation;
(b) The use of the dwelling unit for the HOME OCCUPATION shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the gross floor area of the dwelling unit shall be used in the conduct of the occupation;
(c) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such HOME OCCUPATION other than one sign, not exceeding four square feet in area, non-illuminated, and mounted flat against the wall of the principal building;
(d) No traffic shall be generated by such HOME OCCUPATION in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such HOME OCCUPATION shall meet the off-street parking requirements as specified in the zoning ordinance and shall not be located in a required front yard; and
(e) No equipment or process shall be used in such HOME OCCUPATION that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.
HOTEL OR MOTEL and APARTMENT HOTEL. A building in which lodging or boarding and lodging are provided and offered to the public for compensation. As such, it is open to the public in contradistinction to a rooming house, boarding house, lodging house, or dormitory which is herein separately defined.
IMPROVEMENT. Any alteration to the land or other physical construction associated with subdivision and building site development.
IMPROVEMENT LOCATION/BUILDING PERMIT. See BUILDING PERMIT.
IMPROVEMENT, LOT. Any building, structure, place, work of art, or other object, or improvement of the land on which it is situated constituting a physical betterment of real property, or any part of such betterment. Certain LOT IMPROVEMENTS shall be properly bonded as provided in these regulations.
IMPROVEMENT, PUBLIC. Any drainage ditch, roadway, sidewalk, tree, lawn, off-street parking area, lot improvement, or other facility for which the local or state government may ultimately assume the responsibility for maintenance and operation, or which may effect an improvement for which local or state government responsibility is established. All such IMPROVEMENTS shall be properly bonded.
IMPROVEMENT, TEMPORARY. Improvements built and maintained by a subdivider during construction of the subdivision and prior to release of the performance bond.
INDIANA CODE. The Burns Indiana Statutes Code Edition, which codifies all Indiana statutes for reference purposes. The latest edition with any amending supplements must be referred to for the laws currently in force and applicable. (Usually abbreviated as I.C. herein.)
INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device.
INDUSTRIAL, HEAVY. Industrial processing, assembling, storing, testing, and similar manufacturing uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, and ready access to regional transportation; and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution, and water pollution, but not beyond the district boundary.
INDUSTRIAL, LIGHT. Industrial or other manufacturing 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 or nuisances.
INFRASTRUCTURE. The fixed public works and facilities necessary in a community, such as sewers, water systems, storm and drainage systems, and streets.
INSTITUTION. Building(s) and/or land designed to aid individuals in need of mental, therapeutic, or rehabilitative counseling, or other correctional services.
INTERESTED PARTIES. Those parties who are the owners of properties adjoining or adjacent to a proposed subdivision as shown on the sketch plan, or of a property where a variance or rezoning is requested.
JUNK. Old and dilapidated modes of conveyance such as automobiles, trucks, tractors, watercraft, and other such vehicles and parts thereof; wagons and other kinds of vehicles and parts thereof; household appliances, scrap building material, scrap contractors’ equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron machinery, rags, paper, excelsior, hair, mattresses, beds, and bedding or any other kind of scrap or waste material which is stored, kept, handled, or displayed.
JUNK YARD. A lot, land, or structure, or part thereof, at which 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 are used, owned, or possessed for the purposes of wrecking or salvaging the parts.
JURISDICTION. All land within the town’s boundaries and any land outside its boundaries over which it is authorized to exercise powers under these regulations.
KENNEL. Any premises where four or more domesticated animals over four months of age are housed, groomed, bred, boarded, trained, or sold and which may offer provisions for minor medical treatment.
LAND. The earth, water, and air above, below, or on the surface, and includes any improvements or structures customarily regarded as LAND.
LAND USE. The development existing on the land or the uses identified in § 7 of the town’s zoning ordinance.
LIVESTOCK. Any animal which has been domesticated primarily for agricultural purposes, but not including animals usually considered house pets such as dogs, cats, canaries, or any other similar animal or fowl.
LOADING SPACE, OFF-STREET. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required OFF-STREET LOADING SPACE is not to be included as off-street parking space in computation of required off-street parking space. All OFF-STREET LOADING SPACES shall be located totally outside of any street or alley right-of-way.
LOCAL STREET. See STREET.
LOOP. See STREET.
LOT or PARCEL. A tract of land assigned a separate tax identification number by the county taxing authorities; however, parcels/lots in different sections, townships, or ranges included in one legal description are to be considered one PARCEL/LOT even though they have separate tax identification numbers.
LOT COVERAGE. The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.
LOT FRONTAGE. The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated in the zoning ordinance.
LOT LINE, FRONT. Lot line(s) bounding a lot as follows:
(a) INTERIOR LOT. The line separating the lot from the street right-of-way.
(b) CORNER OR THROUGH LOT. The line separating the lot from either street right-of-way.
LOT LINE, REAR. The boundary of a lot that is most distant from and is, or is most nearly parallel to, the front lot line. In the case of a triangular or irregular-shaped lot, an imaginary line between the side lot lines parallel to the front lot line, ten feet long, lying farthest from the front lot line. On a corner lot the REAR LOT LINE shall be opposite the front lot line of least dimension.
LOT LINE, SIDE. Any boundary of a lot that is not a front lot line or rear lot line.
LOT OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder or a parcel of land, not exceeding one acre in area, the deed of which was recorded in the office of the County Recorder, prior to the effective date of these regulations.
LOT, MEASUREMENT OF. A lot shall be measured as follows:
(a) DEPTH. The distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
(b) WIDTH. The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line.
LOT TYPES. Terminology used in the zoning ordinance with reference to different types of lots is as follows:
(a) CORNER LOT. A lot located at the intersection of two or more streets (“A” in diagram). 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 degrees in front of the lot (“A1” in diagram).
(b) INTERIOR LOT. A lot with only one frontage on a street (“B” in diagram).
(c) REVERSED FRONTAGE LOT. A lot on which frontage is at right angles to the general pattern in the area. A REVERSED FRONTAGE LOT may be a corner lot (“A-D” in diagram) or an interior lot (“B-D” in diagram).
(d) THROUGH LOT. A lot, other than a corner lot, with frontage on more than one street other than an alley (“C” in diagram). THROUGH LOTS abutting two streets may be referred to as double frontage lots.
MANUFACTURING, EXTRACTIVE. Any mining, quarrying, excavating, processing, storing, separating, cleaning, or marketing of any mineral natural resource.
MOBILE HOME. Any vehicle originally constructed or designed for mobility, and in such a manner to permit the occupancy thereof as a dwelling or sleeping place, either self-propelled, or non-self-propelled, shall be considered mobile and not a permanent structure or building although the means or devices for mobility have been removed therefrom and their function replaced by a permanent type of foundation or anchorage to the land, and further shall be required to conform to the regulations and restrictions for the district in which so located.
MOBILE HOME PARK. An area of land upon which two or more mobile homes are harbored for the purpose of being occupied as principal residences and includes all real and personal property used in the operation of the mobile home park. An area of land that is subdivided and contains individual lots that are leased or otherwise contracted for is a MOBILE HOME PARK if two or more mobile homes are harbored there for the purpose of being occupied as principal residences.
MODEL HOME. A dwelling unit, used initially for display purposes, which typifies the type of units that will be constructed in a subdivision. Such dwelling units may be erected at the discretion of the Plan Commission.
MONUMENT. Any permanent marker either of concrete, galvanized iron pipe, or iron or steel rods, used to identify any tract, parcel, lot, or street lines.
MOTEL. See HOTEL.
NON-CONFORMING USE. A building, structure, or use of land existing at the time of enactment of the zoning ordinance, and which does not conform to the regulations of the district in which it is situated.
NONRESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than residential, such as commercial or industrial.
NURSERY, PLANT MATERIALS. Land, buildings, structures, or combination thereof for the storage, cultivation, or transplanting of live trees, shrubs, or plants offered for retail sale on the premises, including products used for gardening and landscaping.
NURSING HOME. A home or facility providing skilled medical care to residents who are often, but are not limited to being, pensioners or elderly people.
OFF-SITE. Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.
OPEN SPACE. A public or private outdoor area expressly set aside for the use and benefit of many unrelated people. The area may include natural environment features, water areas, swimming pools, tennis courts, and other recreational facilities that the Plan Commission determines to be of the same general character. Streets, parking areas, structures for habitation, and the like shall not be included in OPEN SPACE area calculations.
ORDINANCE. Any legislative action, however denominated, of a local government which has the force of law, including any amendment or repeal of any ordinance.
OWNER. Any person, firm, association, syndicate, partnership, corporation, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under the subdivision regulations.
PARCEL. See LOT.
PARKING SPACE, OFF-STREET. For the purposes of the zoning ordinance, an off-street parking space shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally off public right-of-way.
PARKING STALL. The area required for parking one automobile, with its attendant maneuvering room. The area required for a parked car is to be ten feet wide and 22 feet long.
PARTIAL STREET. See STREET.
PARTY WALL. See COMMON WALL.
PERFORMANCE BOND or SURETY BOND. An agreement by a subdivider or developer providing a warranty by an underwriting organization such as an insurance company to the town for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the agreement.
PERIMETER STREET. See STREET.
PERMITTED USE. A use marked as permitted for a district in the schedule of uses in § 7 of the town’s zoning ordinance.
PERSON. Includes a corporation, a partnership, and an incorporated association of persons such as a club.
PERSONAL SERVICES. Any enterprise conducted for gain, which primarily offers services to the general public such as shoe repair, watch repair, barbershops, beauty parlors, and similar activities.
PLAN COMMISSION. The town’s planning body as established in accordance with state law, often referred to herein simply as the Commission.
PLANNED UNIT DEVELOPMENT (PUD). 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 the zoning ordinance regulations.
PLAT. The drawing, map, or plan of a subdivision or other tract of land or a replat of such including certification, descriptions, and approval.
PLAT, FINAL. The final and formal presentation of the map, plan, or record of a subdivision and any accompanying material, as described in the subdivision regulations.
PLAT, PRELIMINARY. The preliminary drawing or drawings, described in the subdivision regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Commission for approval.
PLAT, SKETCH. A sketch preparatory to the preparation of the preliminary plat (or final plat in the case of minor subdivisions) to enable the subdivider to save time and expense in reaching general agreement with the Commission as to the form of the plat and the objectives of the subdivision regulations.
PRELIMINARY PLAT APPROVAL. An approval (or approval with conditions imposed) granted to a subdivision by the Commission after having determined in a public meeting that the subdivision complies with the standards prescribed in the subdivision regulations (per I.C. 36-7-700 series: Subdivision Control).
PREMISES. One or more lots that are in the same ownership and are contiguous or separated only by a road or water body, including all buildings, structures, and improvements.
PRINCIPAL ARTERIAL. See STREET.
PRINCIPAL BUILDING. The building in which the principal use of the lot is conducted.
PRINCIPAL USE. The primary use to which the premises is devoted, and the main purpose for which the premises exists.
PRIVATE SCHOOL. Private preprimary, primary, grade, high, or preparatory school or academy.
PRIVATE STREET. See STREET.
PROFESSIONAL ACTIVITIES. The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, engineers, and similar professions.
PROHIBITED USE. A use marked as prohibited for a certain district in the schedule of uses in § 7 of the town’s zoning ordinance.
PUBLIC RIGHT-OF-WAY. See RIGHT-OF-WAY.
PUBLIC SERVICE FACILITY. The erection, construction, alteration, operation, or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants, and other similar public service structures by a public utility; by a railroad, whether publicly or privately owned; or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communications, water, and sewerage services.
PUBLIC STREET. See STREET.
PUBLIC USES. Public parks, schools, and administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
PUBLIC UTILITY. Any person, firm, or corporation duly authorized to furnish cable television, electricity, gas, steam, telephone, telegraph, water, or sewerage systems to the public under public regulation.
QUASI-PUBLIC USES. Churches, Sunday schools, parochial schools, colleges, hospitals, and other facilities of an educational, religious, charitable, philanthropic, or non-profit nature.
RECREATION CAMPGROUND. An area of land on which two or more recreational vehicles, including campers, tents, or other similar temporary recreational structures, are regularly accommodated with or without charge, including any building, structure, or fixture of equipment that is used or intended to be used in connection with providing such accommodations.
RECREATIONAL EQUIPMENT, MAJOR. Equipment which must be hauled on a trailer with two or more wheels or which has two or more wheels attached, or which is self-propelled with wheels, including boats, trailers, and recreational vehicles.
RECREATIONAL FACILITIES. Public or private facilities that may be classified as either “extensive” or “intensive” depending upon the scope of services offered and the extent of use. Extensive facilities generally require and utilize considerable areas of land and include, but need not be limited to, hunting, fishing, riding clubs, and parks. Intensive facilities generally require less land (used more intensively) and include, but need not be limited to, miniature golf courses, amusement parks, stadiums, gymnasiums, and bowling alleys.
RECREATIONAL VEHICLE (RV). A vehicle primarily designed as a temporary living quarters for recreation, camping, or travel, either with its own motor power or mounted on or towed by another powered vehicle.
REGISTERED LAND SURVEYOR. A land surveyor properly licensed and registered or through reciprocity permitted to practice in the State of Indiana.
REGISTERED PROFESSIONAL ENGINEER. An engineer properly licensed and registered in the state or permitted to practice in the state through reciprocity.
REGULATORY (OR REGIONAL) FLOOD. See FLOOD, REGULATORY.
REGULATORY FLOOD ELEVATION. The maximum elevation, as established by the state’s Department of Natural Resources, reached by the regulatory flood at the locations in question relevant to approval of a given subdivision under consideration.
REPLACEMENT COST. The sum of money that would be required to re-erect a structure identical to the one in question.
RESEARCH ACTIVITIES. Research, development, and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation, and engineering. All research, testing, and development shall be carried on within entirely enclosed buildings, and no noise, smoke, glare, vibration, or odor shall be detected outside of said buildings.
RESERVE STRIP. A strip of land between a partial street and adjacent property, which is reserved or held in public ownership for future street extension or widening.
RESUBDIVISION (REPLAT). 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 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 transportation facilities, public utilities, or other special public uses. RIGHT-OF-WAY intended for any use involving maintenance by a public agency shall be dedicated to the public use by the maker of the plat on which such right-of-way is established.
ROADSIDE STAND. A temporary structure designed or used for the display or sale of agricultural and related products or novelties and other items of interest to the motoring public.
ROOMING HOUSE (DORMITORY). A dwelling or part thereof, other than a hotel, motel, or restaurant, where meals and/or lodging are provided for compensation, for three or more unrelated persons where no cooking or dining facilities are provided in the individual rooms.
SALE or LEASE. Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, intestate succession, or transfer, of an interest in a subdivision or part thereof, whether by deed, metes and bounds, contract, or other written instrument.
SANITARY LANDFILL. An operation permitted by the state’s Department of Environmental Management in which garbage and/or refuse is deposited by a plan on a specified portion of land, is compacted by force applied by mechanical equipment, and immediately covered by suitable covering material.
SCREENING. A structure erected or vegetation planted for concealing an area from view.
SEAT. For purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each 24 lineal inches of benches, pews, or space for loose chairs.
SEPTIC SYSTEM. See SEWERS, ON-SITE.
SETBACK. The distance between a setback line and its associated lot line.
SETBACK LINE. A line established by the zoning ordinance, generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located above ground, except as may be provided in said ordinance.
SEWERAGE SYSTEM, CENTRAL OR GROUP. An approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community, or region.
SEWERS, ON-SITE. A septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
SHALL. Is always mandatory.
SIDEWALK. The portion of the road right-of-way outside the roadway that is improved for the use of pedestrian traffic.
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.
SIGN LIGHTING DEVICE. Any light, string of lights, or group of lights located or arranged so as to cast illumination on a sign.
SIGN, ILLUMINATED. Any sign illuminated by electricity, gas, or other artificial light including reflecting or phosphorescent light.
SIGN, OFF-PREMISES. Any sign unrelated to a business or profession conducted, or to a commodity or service sold or offered upon the premises where such sign is located. Also called an ADVERTISING SIGN.
SIGN, ON-PREMISES. Any sign related to a business or profession conducted, or to a commodity or service sold or offered upon the premises where such sign is located. Can also be called a business sign.
SIGN, PROJECTING. Any sign which projects from the exterior of a building.
SPECIAL EXCEPTION. A use of a structure allowed in a district for which the Board of Zoning Appeals grants a permit because of its unusual nature.
STATE. The State of Indiana.
STORAGE FACILITIES. Land, buildings, or structures devoted primarily to storage of equipment and materials.
STORY. The part of a building between the surface of a floor and the ceiling immediately above; or if there is a floor above, the portion of a building between the surface of any floor and the surface of the floor next above. An exposed basement shall be counted as a STORY, and a basement or cellar shall not be counted as a STORY.
STREET. A general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way. The term STREET also includes the terms “highway”, “parkway”, “road”, “thoroughfare”, “avenue”, “boulevard”, “lane”, “court”, “place”, and other such terms. The recommended usage is: “highway” or “street” in urban areas; and “highway” or “road” in rural areas.
(a) ALLEY. A public or private vehicular right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
(b) ARTERIAL. A system of streets and roads that form an integrated network of continuous routes primarily for through traffic. The ARTERIAL system is stratified into “principal” (or major) and “minor” categories.
1. PRINCIPAL. Serves corridor traffic movements having trip length and travel density characteristics indicative of substantial statewide or interstate travel, or connects major population centers in rural areas; or serves major centers of activity and highest traffic volume corridors with the longest trip desires in urban areas.
2. MINOR. Links other cities, large towns, and traffic generators, and provides a substantial amount of interstate and intercounty service in rural areas; or interconnects and augments with the principal arterials to provide service to trips of moderate length for intracommunity continuity in urban areas.
(c) COLLECTOR. A street or road that generally serves travel of primarily intra-area and intracounty importance with approximately equal emphasis to traffic circulation and land access service. The COLLECTOR street is generally further stratified into “major” and “minor” categories. The COLLECTOR street collects and distributes traffic between the arterial and local systems and should be designed so that no residential properties face onto it and no driveway access to it is permitted unless the property is to be in multi-family use for four or more dwelling units.
(d) CUL-DE-SAC. A local street with only one outlet and having an appropriate circular turnaround for the safe and convenient reversal of traffic movement including public safety vehicles.
(e) DEAD-END. A street or a portion of a street with only one vehicular traffic outlet and no turnaround at the terminal end.
(f) FRONTAGE. A local street or road auxiliary to and located on the side of an arterial for service to abutting property and adjacent areas, and for control of access. Sometimes also called a MARGINAL ACCESS STREET.
(g) HIGHWAY. A term applied to streets and roads that are under the jurisdiction of the Indiana Department of Transportation (INDOT).
(h) LOCAL. A system of streets and roads that primarily provides land access service and access from individual properties and provides right-of-way beneath for sewer, water, and storm drainage pipes.
(i) LOOP. A local street with both terminal points on the same street of origin.
(j) PARTIAL. A dedicated right-of-way providing only a portion of the required street width, usually along the edge of a subdivision or tract of land.
(k) PERIMETER. Any existing street to which the parcel of land to be subdivided abuts on only one side.
(l) PRIVATE. A local platted street that is not accepted for public use or maintenance, and that provides vehicular and pedestrian access.
(m) PUBLIC. A street under the control of and kept by the public, established by regular governmental proceedings for the purpose, or dedicated by the owner of the land and accepted by the proper authorities, and for the maintenance of which they are responsible.
STREET LINE. The limit of the street or road allowance and the dividing line between a lot and street or road.
STREET RIGHT-OF-WAY WIDTH. The distance between property lines measured at right angles to the centerline of the street.
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 with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, STRUCTURES include buildings, walls, fences, and signs.
SUBDIVIDER. The individual firm, corporation, partnership, association, syndicate, trust, or other legal entity that executes the application and initiates proceedings for the subdivision of land in accordance with the provisions of the subdivision regulations. The SUBDIVIDER need not be the owner of the property; however, he or she shall be an agent of the owner or have sufficient proprietary rights in the property to represent the owner.
SUBDIVISION. Any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots, 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 includes the division or development of residential- and nonresidential-zoned land, whether by deed, metes and bounds description, or other recorded instrument However, SUBDIVISION does not include any of the following:
(a) An adjustment of lot lines as shown on a recorded plat which does not reduce the area, frontage, width, depth, or building setback lines of each building site below the minimum zoning requirements, and does not change the original number of lots in any block of the recorded plat;
(b) An allocation of land in the settlement of an estate or a decedent or a court decree for the distribution or sale of property;
(c) The unwilling sale of land as a result of legal condemnation as defined and allowed in state law;
(d) Widening of existing streets to conform to the Comprehensive Plan;
(e) The acquisition of street rights-of-way by a public agency in conformance with the Comprehensive Plan;
(f) The exchange of land for the purpose of straightening property boundaries, which does not result in the change of the present land usage; and
(g) A division of land creating only two parts, a “new parcel” and a “remainder parcel”, which division has all the following properties:
1. Both the new parcel and the remainder parcel must have frontage on a public road and must contain sufficient square feet, minimum lot width, and minimum lot depth for construction of a single-family residence according to the regulations of the zoning district in which it lies;
2. No street is created or extended;
3. Three hundred sixty-five days have elapsed since any previous division of land into parts including the parcel now being divided; however, this requirement shall not apply to a remainder parcel if it is conveyed to an adjoining owner and the tax identification numbers are merged;
4. A plat creating the new parcel must be prepared and recorded in accordance with standards and procedures established by the County Recorder; and
5. A Plan Commission representative must certify on the plat that the division of land conforms to the requirements of the town’s zoning ordinance and this exemption from the definition of a subdivision.
SUBDIVISION REGULATIONS or SUBDIVISION CONTROL ORDINANCE. An ordinance for ensuring the orderly development of land by requiring coordination of new public facilities with existing facilities; and providing standards for lot layout, street design, utilities, and easements to assure compatibility with long-range Comprehensive Plan.
SUBDIVISION, MAJOR. All subdivisions not classified as minor subdivisions, including but not limited to subdivisions of four or more lots, or any size subdivision requiring any new street or extension of the local governmental facilities, or the creation of any public improvements.
SUBDIVISION, MINOR. Any subdivision containing not more than three lots fronting on an existing street, not involving any new street or road, or the extension of municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, Thoroughfare Plan, zoning ordinance, or the subdivision regulations.
SUPPLY YARD. A commercial establishment storing and offering for sale building supplies, steel, coal, heavy equipment, feed and grain, and similar goods.
SWIMMING POOL. A pool, pond, lake, or open tank containing at least 18 inches of water at any point and maintained by the owner or manager.
SWIMMING POOL, COMMUNITY. A swimming pool for the benefit of the general public, operated with a charge for admission.
SWIMMING POOL, PRIVATE. 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.
TEMPORARY IMPROVEMENT. Improvements built and maintained by a subdivider during construction of the subdivision and intended to be replaced by a permanent improvement prior to release of the performance bond or turnaround improvements at the ends of stub streets intended to be replaced when the adjoining area is developed and the through street connection made.
TERRACE. A natural or artificial embankment between a building and its lot lines.
TERRACE, HEIGHT OF. The difference in elevation between the curb level and the top of the terrace at the center of the building wall.
TERRAIN CLASSIFICATION. For purposes of the subdivision regulations and to guide the application of geometric design criteria, terrain has been classified as follows.
(a) HILLY. The condition where longitudinal and transverse changes in the elevation of the ground with respect to a street are abrupt and where the roadbed is obtained by fragment benching or side hill excavation.
(b) LEVEL. The condition where street sight distances, as governed by both horizontal and vertical restrictions, are generally long or could be made to be so without construction difficulty or major expense.
(c) ROLLING. The condition where the natural slopes consistently rise above and fall below the street grade line and where occasional steep slopes offer some restriction to normal street horizontal and vertical alignment.
THEATER. A building or part of a building that is devoted to showing motion pictures, or for dramatic, musical, or live performances.
THEATER, DRIVE-IN. An open lot with its appurtenant facilities devoted to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles.
THOROUGHFARE PLAN. The portion of the Comprehensive Plan adopted by the Town Council indicating the general location recommended for arterial, collector, and local streets and roads within the appropriate jurisdiction.
TOURIST HOME. A building in which one but not more than five guest rooms are used to provide or offer overnight accommodations to transient guests for compensation.
TOWN ATTORNEY. The licensed attorney designated by the legally authorized body to furnish legal assistance for the administration of these regulations in lieu of the Commission having its own attorney.
TOWN ENGINEER. The licensed engineer designated by the town to furnish engineering assistance in the administration of these regulations.
TRADE OR BUSINESS SCHOOL. Secretarial or business school or college when not publicly owned or not owned or conducted by or under the sponsorship of a religious, charitable, or non-profit 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.
TRANSFER STATION. A facility at which solid waste is transferred from a vehicle or a container to another vehicle or container for transportation. The term does not include:
(a) A facility where the solid waste has been generated by the facility; or
(b) A recycling facility.
TRAVEL TRAILER. A vehicle or other portable structure designed to move on the highway, not under its own power, and designed or used as a temporary dwelling.
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 OR OCCUPIED. As applied to any land or building, shall be construed to include the words “intended, arranged, or designed to be used or occupied”.
UTILITIES. Installations for transmission of water, sewage, gas, electricity, telecommunications, or stormwater, and similar facilities providing service to and used by the public.
VARIANCE. A modification, granted by the Board of Zoning Appeals, of the strict terms of the relevant regulations of the zoning ordinance and subdivision regulations 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 and regulations would result in unnecessary and undue hardship.
VETERINARY ANIMAL HOSPITAL OR CLINIC. A place used for the care, diagnosis, and treatment of sick, ailing, infirm, or injured animals, and those who are in need of medical or surgical attention, and may include overnight accommodations on the premises for the treatment, observation, and/or recuperation. It may also include boarding that is incidental to the principal activity or use.
VICINITY MAP. A drawing, located on the plat, that sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.
VISION CLEARANCE ON CORNER LOTS. A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of three and 12 feet above established grade, determined by a diagonal line connecting two points measured 15 feet equidistant from the street corner along each lot line.
WALKWAY. A public way four feet or more in width, for pedestrian use only, whether along the side of a street or not.
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.
YARD, FRONT. A yard across the full width of the lot extending from the front line of the principal building to the front lot line.
YARD, REAR. A yard extending the full width of the lot between a principal building and the rear lot line or lines.
YARD, SIDE. A yard between the principal building and side lot line and extending from the front yard line to the rear yard line.
ZONING. The division of an area into districts and the public regulation of the character and intensity of the use of the land, and of the buildings and structures which may be located thereon, in accordance with the Comprehensive Plan.
ZONING DISTRICT. Any area of the town’s zoning jurisdiction within which the zoning regulations are uniform.
ZONING DISTRICT MAP. The map setting forth the boundaries of the zoning districts of the town, which map is part of the zoning ordinance.
ZONING ORDINANCE. A legal tool for accomplishing the objectives of a land use plan. It is an effective regulatory measure designed to encourage high standards of development by regulating the character and intensity of the use of land, the area of building coverage, and the height of structures.
References to ZONING ORDINANCES in this document are to the most recent zoning ordinance of the town, unless otherwise noted.
ZONING PERMIT. A document issued by the Town Building Inspector authorizing the use of lots, structures, uses of land and buildings, and the characteristics of the uses.
(Ord. 2005-5, passed 6-7-2005; Ord. passed 8-15-2005)