For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ACCESSORY STRUCTURE." A detached building or structure incidental and accessory to the principal building or structure.
"ACCESSORY USE." A use incidental to, and on the same lot as, a principal use.
"AGRICULTURAL BUILDING." A structure principally utilized for the storage of machinery used for purposes of crop production or for the shelter and feeding of livestock.
"AGRICULTURE." The use of land for crop production and/or the raising of livestock.
"ALLEY." A public or private street primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on some other street.
"BOARD." The Huntington City Board of Zoning Appeals.
"BUFFER." Land area used to visibly separate one use from another or to shield or block noise, lights, or other potential nuisances.
"BUILDING." A structure having a roof supported by columns or walls designed, built, or used for the enclosure, shelter, or protection of persons, animals, or property.
"BUILDING AREA." The area within the outside perimeter of exterior walls of the ground floor of a building.
"BUILDING, DETACHED." A building that has no structural connection with another building.
"BUILDING, HEIGHT." The vertical distance measured from the established grade to the highest finished roof structure, including any roof superstructure or appurtenance.
"BUILDING LINE." The line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of a building or structure and the street right-of-way line.
"BUILDING PAD." The area of land upon which a building is constructed, wherein ownership may or may not be separate from the ownership of common areas. Building pad(s) are typically found in a planned, unified development.
"BUSINESS OFFICE." The office of a business designed and used primarily to conduct the administrative and clerical affairs of the business.
"BUSINESS PARK." A development on a tract of land that contains a number of separate businesses, offices, light manufacturing facilities, accessory and supporting uses, and common open space designed, planned and constructed on an integrated and coordinated basis.
"CEMETERY." Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of the cemetery.
"CERTIFICATE OF OCCUPANCY." A certificate issued by the Building Commissioner stating that the occupancy and use of the land or a building or structure referred to therein complies with the provisions of this chapter.
"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.
"COMMISSION." The Huntington City Plan Commission.
"COMMON AREA." The total area available for common use by all owners, tenants, occupants and their invitees, including but not limited to parking lots and their appurtenances, lobbies, malls, sidewalks, landscaped areas, public restroom facilities, and loading and service facilities.
"DEPARTMENT." The Community Development and Redevelopment Department.
"DEVELOPMENT." The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any buildings; use or change in use of any buildings or land; or any extension of any use of land or any clearing, grading, or other movement of land under the jurisdiction of any local land use authority.
"DEVELOPMENT PLAN." A specific plan, as required by this zoning code, for the development of real property.
"DEVELOPMENT REQUIREMENT." A requirement for development of real property in a zoning district for which a development plan is required.
"DIRECTOR." The Director of the Community Development and Redevelopment Department.
"DISTRICT." A section of the territorial jurisdictional area of the City Plan Commission for which uniform regulations governing the use, height, area, size, and intensity of the building and land, and open space about buildings, are established by this chapter.
"DWELLING." A building or portion thereof, used primarily as a place to live for one or more people, but not including hotels, lodging or boarding houses, or tourist homes.
"DWELLING, MULTIPLE FAMILY." A building or portion thereof used for occupancy by three or more families living independently of each other.
"DWELLING, ONE FAMILY." A building used for occupancy by one family.
"DWELLING, TWO FAMILY." A building used by two families living independently of each other.
"DWELLING UNIT." A building or portion of a building used by one family for cooking, sleeping, and living purposes.
"EASEMENT, PRIVATE." A strip or parcel of land dedicated for private access to land or structures.
"EASEMENT, PUBLIC." A strip or parcel of land dedicated for public utilities or other necessary purposes.
"EFFICIENCY DWELLING UNIT." A dwelling unit containing a living room of not less than 220 square feet of superficial floor area. An additional 100 square feet of superficial floor area shall be provided for each occupant of the unit in excess of two.
"ESSENTIAL SERVICES." The erection, construction, alteration, or maintenance by public utilities or municipal departments or commissions, of underground or overhead gas, electrical, steam or water transmission, or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith, but not including buildings reasonably necessary for the furnishing of adequate service by the public utilities or municipal departments or commissions or for the public health or safety or general welfare.
"FAMILY." One or more persons living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house.
"FARM." A lot utilized for agricultural purposes.
"FENCE." Any above-grade construction and/or growing vegetation that constitutes a material barrier to ingress and egress, or marks a boundary, or encloses or screens land.
"FENCE, DECORATIVE." Any fence constructed of boards or similar material no greater than three inches in width, with the spacing between those boards or pieces of material being no less than three inches. This term shall also include wire and chain-link fencing that do not contain privacy slats.
"FENCE, PRIVACY." Any fence constructed of boards or similar material, with the spacing between those boards or pieces of material being less than three inches.
"FILLING STATION." Premises used for the purpose of retailing lubricating oil, greases, gasoline, fuel oil, and the servicing other than repairing, of motor vehicles. This definition does not include the storing of inoperative motor vehicles or their parts.
"FLOOR AREA, GROSS." The sum of the horizontal areas of the floors of a building measured from the exterior face of exterior walls, but not including any space where the floor-to-ceiling height is less than six feet.
"FLOOR AREA, GROUND." The sum of the horizontal areas of the ground floor of a building measured from the exterior face of exterior walls, but not including open porches, decks, terraces, garages or exterior stairways.
"FOUNDATION." The supporting member of a wall or structure.
"FRONT YARD." A yard as defined herein, encompassing the horizontal space between the nearest foundation of a building to the right-of-way line and that right-of-way line, extending to the side of the lot, and measured as the shortest distance from that foundation to the right-of-way line. A lot which is located on a corner shall be considered as having two front yards.
"GARAGE."
(1) "PRIVATE." A private garage is a building or part thereof accessory to a primary structure and providing for the storage of automobiles and which no occupation or business is carried on.
(2) "PUBLIC OR STORAGE." A building or part thereof other than a private garage for the inside storage of motor vehicles and in which service station activities may be carried on.
"HEDGE." A solid and unbroken visual screen of self-supporting living plant material.
"HOME OCCUPATION." An occupation, profession, activity or use carried out by a resident with the intention for economic gain, and which is conducted as an accessory use in tho resident's dwelling unit or accessory structure on the premises.
"HOTEL." A building containing rooms intended or designed to be used or which are used, rented, or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or in an accessory building.
"IMPERVIOUS SURFACE." A surface that has been compacted or covered with any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land. "IMPERVIOUS SURFACE" shall include, but is not limited to, buildings, driveways, parking areas, roads, sidewalk, area of compacted gravel, and any area of concrete or asphalt.
"IMPROVEMENT LOCATION PERMIT." A permit issued by the Department stating that the proposed erection, construction, enlargement, moving, or locating of the buildings or structures referred to on the permit application is in compliance with the development and use standards and regulations of the Zoning Code.
"JUNK." Old, cast off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which is composed of, but not limited to, copper, brass, rags, batteries, paper, trash, rubber, stone, wrecked or dismantled automobiles or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.
"JUNKYARD." An establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling of junk. Any type of business allowing inoperative vehicles or their parts to collect in an area not properly screened from public view.
"KENNEL." A place where any combination of three or more domestic animals, as defined in § 91.01 of this Code of Ordinances, are kept. For this purpose, animals shall not be counted until they reach the age of six months. The only exception shall be that which allows for two additional cats (Felis cattus or Felis domesticus) for a total of five animals in the household, if all of the cats are indoor cats, are spayed or neutered, and are current on all annual shots recommended by the Indiana Veterinary Medical Association. The maximum combinations are five cats, or four cats and one dog, or three cats and two dogs, and two cats and three dogs. No more than three dogs will be allowed.
"LODGING HOUSE." A building with more than two, but not more than ten guest rooms where lodging with or without meals are provided.
"LOT." A parcel, tract of land established by plat, subdivision or otherwise permitted by law, to be used, developed, or built upon.
"LOT, CORNER." A lot abutting upon two or more streets at their intersection; or, upon two parts of the same street forming an interior angle of less than 135 degrees.
"NONCONFORMING USE." A building, structure, or use of land existing at the time of the enactment of this chapter, and which does not conform to the regulations of the district in which it is located.
"OFFICE." A room, suite of rooms, or building in which a person transacts the affairs of a business, profession, service, industry, or government.
"OWNER." Any person, group of persons, firms, corporations, or any other legal entity having legal title to or sufficient property interest in a parcel of property.
"PERIMETER LANDSCAPE STRIP." A continuous strip of land along the perimeter of the site containing trees, living barriers, hedges, ground cover and/or other living plant material.
"PERSON." Any individual, corporation, firm, partnership, association, organization, or group acting as a unit.
"PERVIOUS SURFACE." Any material that permits full or partial absorption of storm water into previously unimproved land.
"PLAN COMMISSION." The Huntington City Plan Commission.
"PLANNED DEVELOPMENT." An area of a minimum contiguous size, as specified by this chapter, to be planned, developed, operated, and maintained by a single entity, containing one or more building pads with appurtenant common areas.
"PLANNED UNIT DEVELOPMENT." A means of land regulation which permits large scale, unified land development in a configuration and possibly a mix of uses not otherwise permitted "as of right" under the zone districts, but requiring under this chapter a review by the Board of Zoning Appeals.
"PLANTING AREA." An unrestricted area which provides a pervious surface for plants to grow.
"PRINCIPAL STRUCTURE." A building or structure in which the principal use of the lot on which the building or structure is located is conducted.
"PRINCIPAL USE." The primary or predominant use of any lot, building or structure.
"PROFESSIONAL OFFICE." The office of a member of a recognized profession maintained for the conduct of business in any of the following related categories: architectural, engineering, planning, law, interior design, accounting, insurance, real estate, medical, dental, optical, or any similar type profession.
"PROPERTY OWNER." An individual, firm association, organization, partnership, trust, company, corporation, or any other legal entity who owns or holds title to real property. For the purposes of this code, an entity which has the power of eminent domain shall be considered a property owner and have the authority to act as a property owner.
"REAR YARD." A yard as defined herein, encompassing the horizontal space between the nearest foundation of a building or structure to a rear lot line and that rear lot line, extending to the side lines of the lot, and measured as the shortest distance from the foundation to the rear lot line.
"RESIDENT." An individual who's principal place of living and
sleeping is in a particular location is a resident of that location.
"RIGHT-OF-WAY." A strip of land occupied or intended to be occupied by a street, pedestrian-way, crosswalk, railroad, electrical transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, special landscaping, or for another special use.
"ROOMING HOUSE." Any dwelling in which more than five persons either individually or as a family are housed or lodged for hire, with or without meals. A boarding house or furnished room house shall be deemed a "ROOMING HOUSE."
"SCREENING." Either a strip of at least ten feet wide, densely planted (or having equivalent natural growth) with shrubs or trees at least eight feet high at the time of planting, of a type that will form a year-round dense screening; or an opaque wall or barrier or uniformly painted fence at least eight feet in height. Screenings shall be maintained in good condition at all times and may have no signs affixed to or hung in relation to the outside thereof except as permitted or required under this chapter. Where required by this chapter a screen shall be installed along or within the lines of a plot as a protection for adjoining or nearby properties.
"SETBACK LINE." A line parallel to and equidistant from the relevant lot line (front, back, and side) between which no buildings or structures may be erected as prescribed in these regulations.
"SIDE LOT LINES." Any lines separating two lots other than front or rear lot lines.
"SIDE YARD." A yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard.
"STREET." A right-of-way, other than an alley dedicated or otherwise legally established to the public use, usually affecting the principal means of access to abutting property. A "STREET" includes road, thoroughfare, parkway, avenue, boulevard, land, drive, or other appropriate name.
"STRUCTURAL ALTERATION." Any change in the supporting members of a building such as bearing walls, beams, columns, posts, or girders.
"STRUCTURE." Anything constructed or erected which requires location on the ground or attached to something located on the ground.
"SUPPLY YARD." A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed, grain or similar goods. Supply yards do not include the wrecking, salvaging, dismantling, or storage of automobiles and similar vehicles.
"SWIMMING POOL." Any artificial basin constructed, modified or improved for wading, swimming or diving. The term does not include artificial lakes.
"SWIMMING POOL, IN-GROUND." Any pool whose sides rest in partial or full contact with the earth.
"SWIMMING POOL, ON-GROUND." Any pool whose sides rest fully above the surrounding earth.
"SWIMMING POOL, PERMANENT." Any in-round pool and any on-ground pool capable of a water depth greater than 42 inches, or any pool inside a residence, regardless of water depth, whether or not served by an electrical circuit..
"TRAILER PARK." Any tract of ground designed for use or used by one or more trailers of the independent mobile home type defined in this chapter and which is used for dwelling or sleeping purposes regardless of whether a charge is made for the accommodation.
"USE." The purpose for which land or a building is arranged, designed, or intended, or from which either land or a building is or may be occupied or maintained.
"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.
(Ord. 10-C-86, passed 5-13-86; Am. Ord. 36-C-91, passed 12-3-91; Am. Ord. 3-C-91, passed 4-9-91; Am. Ord. 9-C-92, passed 4-14-92; Am. Ord. 18-C-92, passed 6-9-92; Am. Ord. 28-C-92, passed 8-11-92; Am. Ord. 29-C-92, passed 10-13-92; Am. Ord. 27-C-94, passed 2-15-95; Am. Ord. 8-C-96, passed 5-14-96; Am. Ord. 24-C-96, passed 10-8-98; Am. Ord. 17-C-97, passed 9-9-97; Am. Ord. 1-C-03, passed 4-8-03; Am. Ord. 18-C-14, passed 7-29-14)