(A) Identification. The purpose of this section is to identify the terms and words used in this chapter as they relate to the county.
(1) BOARD. The County Board of Zoning Appeals.
(2) BUILDING INSPECTOR. The County Building Inspector.
(3) CODE/ORDINANCE. In subsequent sections hereof, reference may be made to “Code” or to the “Ordinance.” It is intended that the terms, when used herein, are interchangeable.
(4) COMMISSION. The County Area Plan Commission.
(5) COUNTY. Jennings County, Indiana.
(6) DISTRICT. A section of the jurisdictional area for which uniform regulations governing the use, height, area, size and intensity of use of buildings and land, and open spaces about buildings, are herein established.
(7) MASTER PLAN. The complete plan, or any of its parts, for the development of areas, prepared by the Commission and adopted in accordance with I.C. 18-7-5-1, as amended and now known as I.C. 36-7-4-201 et seq. as is now or hereafter in effect.
(8) ZONE MAP. The current editions of maps entitled “Jennings County, Indiana Zone Map,” and “Jennings County, Indiana Jurisdictional Area and Zone Map,” with amendments, and are on file and available for public inspection in the Area Plan Commission Office of the county.
(B) Interpretation. The purpose of this section is to interpret certain terms and words for the purpose of this chapter.
(1) Tense and number.
(a) Words in the present tense include the future and vice-versa.
(b) Words in the singular number include the plural number and vice-versa.
(2) Key words.
(a) The word “Building” includes the word “Structure” and vice-versa.
(b) The word “Shall” is mandatory and not discretionary.
(C) Terms. For the purpose of this chapter and Chapter 153, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING USE.
(a) A subordinate, detached and roofed structure, not designed for human habitation, which serves a function incidental to and associated with that of the same lot and which does not change or alter the character of the premises.
(b) Public utility communications, electric, gas, water and sewer lines, their supports and incidental equipment.
ACT. Refers to the existing Indiana Code. (See INDIANA CODE.)
ADVERTISING SIGN OR STRUCTURE. (See SIGN.)
AGRICULTURE.
(a) The use of land for active pursuit of agricultural purposes, including farming, dairying, pasturage, AGRICULTURE, horticulture, floriculture, viticulture, animal and poultry husbandry, the primary processing of products thereof produced on the premises and the necessary accessory uses for packing, treating or sorting said products.
(b) The principal characteristic of such operations shall not include the commercial processing of agricultural products produced primarily on farms other than that on which the processing facilities are located.
AIRPORT. Any location, including necessary buildings, either on land, water or structure, which is designed or used for landing and taking-off of aircraft.
(a) AIRCRAFT. Any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air.
(b) AIRPORT. The North Vernon Municipal Airport.
(c) AIRPORT ELEVATION. The highest point of an airport’s usable landing area measured in feet from mean sea level, and established to be 758 feet above mean sea level (MSL).
(d) AIRPORT HAZARD. Any structure, object of natural growth located on or in the vicinity of a public airport or any use of land near such airport, which obstructs the airspace required for the flight of aircraft in landing or take-off at such airport or is otherwise hazardous to such landing or takeoff of aircraft.
(e) AIRPORT LAYOUT PLAN. An overall planning document geometrically establishing the horizontal and vertical locations of the ultimate runway ends at the North Vernon Municipal Airport for which is the basis for the Airport Zoning District
(f) BOUNDARY. The property line existing in fee simple and depicted on the Airport Zoning Map.
(g) GEOGRAPHICAL REFERENCE POINT. The airport reference point (ARP) established as a point having equal relationship to all existing and proposed landing and takeoff points, as defined in AC 15073500-4B, as amended, and having Latitude 39° 02'36"N and Longitude 85° 37'0T’W.
(h) PRIMARY SURFACE. A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the PRIMARY SURFACE extends 200 feet beyond each end of that runway; but when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of the runway. The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
(i) RUNWAY. A defined area on an airport prepared for landing and takeoff of aircraft
along its length.
(j) RUNWAY 5-23, NON-PRECISION INSTRUMENT. A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned, and for which no precision approach facilities are planned or indicated on an FAA planning document or military service’s military airport planning document.
(k) RUNWAY 15-33, UTILITY. A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less.
(l) RUNWAY 15-33, VISUAL. A runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on an FAA approved airport layout plan, or by any planning document submitted to the FAA by competent authority.
(m) ZONES. The zones established in this chapter are imaginary horizontal or inclined surfaces as indicated on the North Vernon Municipal Airport Zoning Map dated August 4, 1981.
ALLEY. A minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.
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.
ANIMAL, DOMESTIC. A horse, mule, swine, goat, sheep, cow, rabbit, turkey, chicken, guinea, pheasant, quail or similar animals and fowl commonly kept on farms located in the county area.
APPLICANT. The fee simple owner of land who makes application to the County Area Plan Commission for action by said Commission thereby affecting that land.
AREA PLAN COMMISSION. A multiple jurisdictional Plan Commission established under the area plan law as defined in I.C. 36-7-4-102 as amended.
ARTERIAL. Either a primary arterial or a secondary arterial as defined in this section.
ATTACHED MULTI-FAMILY. A structure of multi-family use, having common or party wall or walls.
BASEMENT. A story or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground or when subdivided into rooms and used for commercial or tenant dwelling purposes by other than a janitor employed on the premises.
BED AND BREAKFAST. 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.
BILLBOARD. (See SIGN.)
BLOCK. A property abutting on one side of a street, and lying between the two nearest intersecting streets, or between the nearest intersecting street and railroad right-of-way, waterway or other definite barrier.
BLOCK, FRONTAGE. Property having frontage on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, waterway or other barrier.
BLOCK, RESIDENTIAL. A block in which business or industrial uses are not permitted.
BOARD. The County Board of Zoning Appeals. Also commonly referred to by the abbreviation BZA.
BOARDING HOUSE. A building other than a hotel where, for compensation and by arrangement, meals and/or lodging are provided for three or more persons but not to exceed 20 persons.
BUFFER LANDSCAPING. Any trees, shrubs, walls, fences, berms or related landscaping
features required under the subdivision control ordinance or the zoning ordinance on private lots and privately maintained for buffering lots from adjacent properties or public rights of way for the purpose of increasing sound and/or visual privacy. (See SCREENING also.)
BUILDING. Any roofed structure built for the support, shelter, enclosure or protection of persons, animals, chattels or moveable property of any kind (each part of such a structure that is separated from the rest by unbroken party walls is considered to be a separate BUILDING for the purposes of this chapter). All BUILDINGS which are not accessory buildings shall have a permanent foundation. (Refer to STRUCTURE.)
BUILDING AREA. The total ground area, within the lot or project, covered by enclosed residential building space plus garages, carports and other accessory buildings.
BUILDING CODE. (See CODE/ORDINANCE.)
BUILDING COMMISSIONER. Refers to the person employed and delegated the primary responsibility of issuing permits and may or may not conduct inspections of same.
BUILDING, HEIGHT OF. (See HEIGHT.)
BUILDING INSPECTOR.
(a) The County Building Inspector.
(b) The person who, under the direction of the Zoning Enforcement Officer/Building Commissioner, conducts on-site inspections of buildings for compliance with the applicable codes.
BUILDING LINE. The line that establishes the minimum permitted distance on a lot between the building and the lot line.
BUILDING PERMIT. A certificate issued by the Building Permit Official of a governing body permitting a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure within its jurisdiction, or cause the same to be done.
BUILDING PERMIT OFFICIAL. That official of local government authorized to issue building permits.
BUILDING, PRINCIPAL. (See PRINCIPAL USE BUILDING.)
BUILDING SETBACK LINE. A line parallel to and equidistant from the relevant lot line (front, back, side), establishing the minimum open space to be provided, between which no buildings or structures may be erected as prescribed in this chapter, except an eave or cornice overhang not to exceed four feet.
BUSINESS OR COMMERCIAL. The engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services, the maintenance or operation of offices or recreational and amusement enterprises for profit.
BUSINESS SCHOOL. (See TRADE OR BUSINESS SCHOOL.)
CAMPGROUND. Any site, lot, field or tract of land under single ownership, or ownership of two or more people, designed with facilities for short term occupancy by recreational vehicles and other camping equipment but not including mobile homes.
CAMPING TRAILER. A TRAVEL TRAILER as defined under RECREATIONAL VEHICLE in this section.
CAR AREA. Open space area (uncovered and covered) used for car traffic, maneuvering and parking. Includes roads and right-of-way of all streets within the project, plus the area of half of any abutting alley or street right-of-way.
CARPORT. An area under roof which is used for off-street storage of street vehicles.
CEMETERY. Land used for the burial of the dead and dedicated for cemetery proposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.
CENTRAL SEWERAGE SYSTEM. A community sewer system including collection and treatment facilities established by the developer to serve a new subdivision or an existing public sewer system.
CENTRAL WATER SYSTEM. A community water supply system including existing and new
wells and/or surface water sources and intakes, treatment facilities and distribution lines and includes such of the above facilities established by the developer to serve a new subdivision.
CERTIFICATE. The signed and attested document which indicates that a subdivision has been granted secondary approval by the Commission subsequent to proper public notice of its hearing.
CERTIFICATE OF COMPLIANCE. An occupancy permit, as cited in I.C. 36-7-4-801 and 36-7-4-802. A certificate of compliance is commonly understood to be final approval resulting from satisfying all the terms of the applicable permits.
CERTIFICATE OF OCCUPANCY. A certificate stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this chapter.
CHECKPOINT AGENCY. A public agency or organization called upon by the Commission to provide expert counsel with regard to a specific aspect of community development or required by law to give its assent before subdivision may take place.
CHILD CARE CENTER. A non-residential structure in which the operators of the structure
receive compensation for caring for four or more children on a regular basis. The care center must be licensed by the state, and can include nursery schools or pre-schools. This definition does not include public or private schools of general education. Generally care is provided for four or more hours during the working hours of the child’s parent or guardian.
CHILD CARE HOME. A residential structure in which the resident receives compensation for the caring for at least six children, for more than four hours but less than 24 hours, for ten or more consecutive working weekdays (not including the children for whom the provider is a parent, step-parent, guardian, custodian or other relative.)
CHURCH. A building for religious worship services.
CITY. Any classified CITY or incorporated town.
CLINIC. An establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians.
CODE/ORDINANCE. In subsequent sections hereof, reference may be to CODE or to the ORDINANCE. It is intended the terms, when used herein, are interchangeable.
COLLECTOR STREET. A street intended to move traffic from local streets to secondary arterials. (A COLLECTOR STREET serves a neighborhood or large subdivision 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 multifamily use for four or more dwelling units.)
COMMERCIAL. (See BUSINESS OR COMMERCIAL.)
COMMISSION. The County Area Plan Commission.
COMPREHENSIVE PLAN. Inclusive physical, social and economic plans and policies in graphic and verbal statement forms for the development of North Vernon, Vernon, any other participating town, and the county, prepared and adopted by the Commission and indicating general locations recommended for public improvement, pursuant to the state acts, and including any part of such plan and/or policies separately adopted and any amendment to such plan and/or policies, or parts thereof.
CONDOMINIUM. The division of building(s) and the related land into horizontal property interests meeting the requirements of and controlled by state statutes for condominiums as prescribed by I.C. 32-25.
CONSTRUCTION PLAN(S). The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed for the subdivision in accordance with the requirements of this chapter as a condition of the approval of the plat.
CORNER. The point of intersection of any public roads or easements which have been dedicated and accepted by a unit of government.
CORNER LOT. (See LOT, CORNER.)
COUNTY. Jennings County, Indiana.
COUNTY BUILDING CODE. (See BUILDING CODE.)
COUNTY RECORDER. The county official empowered to record and file land description plats.
COVENANT (DEED RESTRICTION). A private, legal restriction on the use of land contained in the deed to the property. Normally applied to all lots in any subdivision.
COVERAGE. The lot area covered by all buildings located thereon.
CUL-DE-SAC. A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement including public safety vehicles.
DAY CARE CENTER. (See CHILD CARE CENTER.)
DAY CARE HOME. (See CHILD CARE HOME.)
DEAD-END STREET. A street or a portion of a street with only one vehicular traffic outlet, and no turnaround at the terminal end.
DESIGNATED OFFICIALS. Those officials of the Commission designated in the subdivision ordinance as required signatories for the execution of secondary approval.
DETACHED BUILDING. A building that has no structural connection with another building.
DEVELOPER. The owner of land proposed to be subdivided or his or her representative. Consent for making applications for development approval shall be required from the legal owner of the premises.
DEVELOPMENT DENSITY. Number of dwelling units per gross acre. (IDEM Permit System with Sewage and Water.)
(a) Low - one or less dwelling units per acre.
(b) Medium - one to four dwelling units per acre.
(c) High - over four dwelling units per acre.
DEVELOPMENT PLAN. A specific plan for the development of real property that:
(a) Requires approval by a plan commission under the 1400 series of I.C. 36-7-4;
(b) Includes a site plan;
(c) Satisfies the development requirements specified in the zoning ordinance regulating the development; and
(d) Contains the plan documentation and supporting information required by the zoning ordinance.
DISTRICT. A section of the jurisdictional area for which uniform regulations governing the use, height, area, size and intensity of use of buildings and land, and open spaces about buildings, are herein established.
(I.C. 36-7-1-6)
DRIVE-IN. An establishment selling foods, frozen desserts or beverages to consumers, the establishment being designed, intended or used for the consumption of such items on the premises outside of the building in which they were prepared.
DRIVES, PRIVATE. Vehicular streets and driveways, paved or unpaved, which are wholly
within private property except where they intersect with public streets within public right-of-way.
DRIVEWAY. (See DRIVES, PRIVATE.)
DWELLING UNIT. One room, or rooms, connected constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
EASEMENT. An authorization grant by the property owner for the use of any designated part of his or her property by a corporation or persons for a specific use(s) and purpose(s) and officially recorded.
ESCROW. A deposit of cash with the Commission in lieu of an amount required and still in force on a performance or maintenance bond. Such escrow funds shall be held by the County Auditor.
EXECUTIVE DIRECTOR. The Executive Director of the Area Plan Commission of the county.
FAMILY. One or more persons sharing meals and living as a single housekeeping unit.
FARM. Land for which the primary purpose is the active pursuit of agriculture and the production of agricultural products. A FARM may include dwellings for the owner of the farm and/or the operator of the farm, and the families thereof, as well as necessary buildings to house or accommodate business activities of the farm.
FENCE. A structure, including entrance and exit gates, designed and constructed for enclosure or screening.
FINAL PLAT. The map, drawing or plan described in this chapter and any accompanying material submitted to the Commission for secondary approval, and which if approved and signed by the designated officials, may be submitted to the County Recorder for recording.
FLAG LOT. (See LOT, FLAG.)
FLOOD.The temporary inundation of land adjacent to and inundated by overflow from a river, stream, lake or other body of water. I.C. 14-8-2-93 as amended by Pub. L. No. 123, Acts of 1973, defines FLOOD as “the water of any river or stream in the state or upon or adjoining any boundary line of the state which is above the bank and/or outside the channel and banks of such river or stream;” and also means the water of any lake which is above and outside the banks thereof. See state law for additional definitions.
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 with.
FLOOD HAZARD AREA. A floodplain, or portion thereof, which has not been adequately protected from floodwater by means of dikes, levees, reservoirs or other works approved by the Indiana Natural Resource Commission. These areas are shown on the zoning map and/or the Flood Hazard or Floodway-Flood Boundary maps of the Federal Insurance Administration or maps provided to the Commission from the State Natural Resources Commission.
FLOODPLAIN. The relatively flat or low land adjoining the channel of a river or stream which has been or may be covered by flood water. The FLOODPLAIN includes the channel, floodway and floodway fringe.
FLOODWAY. 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 peak flow of the regulatory flood of any river or stream and is that area covered by floodwaters in significant downstream motion or covered by significant volumes of stored water during the occurrence of the regulatory flood.
FLOODWAY FRINGE. Those portions of the flood hazard areas lying outside the floodway, which is inundated by the regulatory flood.
FLOOR AREA. The sum of the horizontal areas of the one or several floors and basements of all buildings or portions thereof, within the project, and devoted to permitted uses. Not including however:
(a) Floor or basement floor area devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering space;
(b) Floor or basement floor area provided for recreational uses, available to occupants of two or more living units within the project; or
(c) Basement floor area provided for storage facilities allocated to serve individual living units within the project.
FLOOR AREA RATIO (FAR). The total area of all stories of all buildings within the project divided by the land area.
FOUNDATION. Any structural system for transporting loads from a structure to the earth at a depth below the established frost line without exceeding the safe capacity of the supporting soil.
FRONT LINE. With respect to a building, means the foundation line that is nearest the front lot line.
FREE-STANDING SIGN. (See SIGN.)
FRONT YARD. 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 hues of the lot, and measured as the shortest distance from that foundation to the right-of-way line. The FRONT YARD of a corner lot shall be that yard abutting the street upon which the lot has its least frontage, except as deed restrictions specify otherwise.
FRONTAGE. Any part of a lot that faces a street, road or public way.
FRONTAGE STREET. Any street to be constructed by the developer or any existing street in which development shall take place on both sides.
GARAGE, PRIVATE. An accessory building with capacity for not more than four motor vehicles per family, not more than one of which may be a commercial. A garage designed to house two motor vehicles for each family housed in an apartment shall be classed as a PRIVATE GARAGE.
GARAGE, PUBLIC. Any building or premise, except those defined herein as a PRIVATE GARAGE, used for the storage, or care of motor vehicles, or where such vehicles are equipped for operation, repairs or kept for remuneration, hire or sale.
GARAGE SALES. (See YARD SALES.)
GOVERNING BODY. The body of the relevant local government having the power to adopt ordinances.
GRADE. The slope of a street, or other public way, specified in percentage terms.
GROUP HOME. A residential facility licensed by the Developmental Disabilities Residential Facilities Council that profiles residential services for not more than eight developmentally disabled persons, none of whom has a history of violent or antisocial behavior, and such staff as are necessary to adequately manage the home. Nothing in this chapter shall regulate any residential facility in a residential zone within the definition of I.C. 12-7-2-165, as amended, or any such facility operated and existing within the applicable state and federal laws.
HARDSHIP. A perceived difficulty with regard to one’s ability to improve land stemming from the application of the development standards of this chapter which may or may not be subject to relief by means of variance. In and of themselves, self-imposed situations and claims based on a perceived reduction of or restriction on economic gain shall not be considered HARDSHIPS. Self-imposed situations include: the purchase of land with actual or constructive knowledge that, for reasons other than physical characteristics of the property, the development standards herein will inhibit the desired improvement; any improvement initiated in violation of the standards of this chapter; any result of land division requiring variance from the development standards of this chapter in order to render that site buildable.
HEIGHT.
(a) For the purpose of determining the HEIGHT limits in all zones set forth and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise stated.
(b) With respect to a building, means the vertical distance from the lot ground level to the highest point, for a flat roof; to the deck line, for a mansard roof; and to the mean HEIGHT between eaves and ridges, for a gable, hip or gambrel roof.
HOME OCCUPATION OR HOME BUSINESS. Any use conducted entirely within a residential structure and participated in, principally by members of the family, which use is clearly incidental and secondary to the use of the structure for residential purpose and does not change the character thereof.
HOTEL. A building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such it is open to the public in contradiction to a boarding house or a multiple-family residence which are herein separately defined.
HOUSING CODE. That county ordinance controlling the continuing safety and healthfulness of buildings for human occupation within the county’s jurisdiction. Also referred to herein as the COUNTY HOUSING CODE.
I.C. (See INDIANA CODE.)
IMPROVEMENTS. (See LOT IMPROVEMENTS or PUBLIC IMPROVEMENTS.)
IMPROVEMENT LOCATION PERMIT. A certificate issued by the Zoning Enforcement Officer/Building Commissioner permitting a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure within the locality, or cause the same to be done or change the use or condition of the land.
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 now 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 approved by the Health Department.
INSTITUTION. Building(s) and/or land operated by or through various government programs designed to aid individuals in need of mental, therapeutic, rehabilitative counseling or other correctional services.
INTERESTED PARTIES. Those parties who are the owners of properties adjoining or adjacent to the proposed subdivision as shown on the sketch plan.
INTERIOR LOT. (See LOT, INTERIOR.)
JOINT OWNERSHIP. JOINT OWNERSHIP among persons shall be constructed as the same owner; “constructive ownership” for the purpose of imposing subdivision regulations.
JUNK VEHICLES. Includes any of the following criteria:
(a) A vehicle that is not properly licensed;
(b) Not being operated;
(c) Not in running condition;
(d) On blocks;
(e) Dismantled or improperly stored; and
(f) Including any vehicle being repaired for more than a 60-day period.
JUNKYARD. Any place at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or sorted; including, but not limited to, 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 is used, owned or possessed for the purposes of wrecking or salvaging parts therefrom.
LAND AREA. The total area within the legal boundaries of a parcel.
LAND DIVIDER. The owner of a parcel of land to be further divided through making an exempt division.
LANDSCAPE SCREEN. Any combination of fences, walls, hedges, shrubs, trees and other
landscape materials which effectively provide a solid, dense opaque mass on a year-round basis, to prohibit view, absorb sound and provide site delineation.
LOCAL STREET. A street intended to provide access to other streets from individual properties and to provide right-of-way beneath it for sewer, water and storm drainage pipes.
LOT.
(a) A tract, plot or portion of a subdivision or other parcel of land, that has access to a street or thoroughfare, intended as a unit for the purpose, whether immediate or future, of transfer of ownership or of building development.
(b) It may be a single parcel separately described in a deed or plat which is recorded in the office of the County Recorder. In determining lot area and boundary lines, no part thereof within the limits of a street shall be included.
LOT, CORNER. A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees. A lot with streets abutting more than two sides shall also be a CORNER LOT.
LOT COVERAGE. The horizontal area of all buildings on a lot as a percentage of lot area.
LOT, FLAG. A large lot not meeting minimum frontage requirements and where access to the public road is by a narrow, private right-of-way or driveway.
LOT FRONTAGE. (SeeFRONTAGE.)
LOT IMPROVEMENT. Any building, structure, work of art or other object or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment. Certain lot improvements shall be provided in these regulations.
LOT, INTERIOR. A lot other than a corner or through lot with only one frontage on a street.
LOT LINE. The property line between two established parcels of land or one parcel and a public right-of-way or place.
LOT, THROUGH. A lot other than a corner lot with frontage on more than one street. THROUGH LOTS abutting two streets may be referred to as double frontage lots
LOT TYPE. (See LOT, CORNER, LOT, INTERIOR, LOT, THROUGH)
LOT WIDTH. The dimension of a lot, measured between the side lot lines on the building line.
MARKER. A stake, pipe, rod, nail or any other object which is not intended to be a permanent point for record purposes.
MASTER PLAN. The complete plan, or any of its parts, for the development of areas, prepared by the Commission and adopted in accordance with I.C. 18-7-5-1, as amended and now known as I.C. 36-7-4-201 et seq. as is now or hereafter in effect. (Also see COMPREHENSIVE PLAN.)
MAJOR STREET. A collector or arterial street.
MAJOR SUBDIVISION. Any subdivision not classified as a minor subdivision, including but not limited to subdivisions of more than five lots of less than ten acres each, or any size subdivision requiring any new street or extension of the local governmental facilities, or the creation of any public improvements.
MANEUVERING AISLE. A maneuvering space which serves two or more parking spaces, such as the area between two rows of parking spaces and/or the driveway leading to those spaces.
MANEUVERING SPACE. An open space in a parking area which:
(a) Is immediately adjacent to a parking space;
(b) Is used for and/or is necessary for turning, backing or driving forward a motor vehicle into such parking space, but
(c) Is not used for the parking or storage of motor vehicles.
MANUFACTURED HOUSING. A single-family dwelling unit designed and built in a factory, installed as a permanent residence, which bears a seal certifying that it was built in compliance with the federal Manufactured Housing Construction and Safety Standards Law 1974 (U.S.C. § 5401 et seq.), and which complies with the following specifications:
(a) Shall have been constructed after January 1, 1981 and must exceed 950 square feet of occupied space per I.C. 36-7-4;
(b) Is attached to a permanent foundation of masonry construction and has a permanent perimeter enclosure constructed in accordance with the One-and Two-Family Dwelling Code;
(c) Has wheels, axles and towing chassis removed;
(d) Has a pitched roof with a minimum rise of 2/12; and
(e) Consists of two or more sections which, when joined, have a minimum dimension of 20 feet by 47.5 feet in length or width enclosing occupied space.
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, but not beyond the district boundary.
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; and operating and storing within enclosed structures.
MAP. A representation of a part or the whole of the earth’s surface, in signs and symbols, on a plane surface, at an established scale, with a method of orientation indicated.
MARKER. A stake, pipe, rod, nail or any other object which is not intended to be a permanent point for record purposes.
MINOR SUBDIVISION. A division of land into two or more lots, but not more than five lots of less than ten acres each, fronting an existing street which is an improved right-of-way maintained by the county (or other local government), in one calendar year and not requiring new streets, alleys or roads, nor the extension of municipal utilities, and not affecting the development of the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, Official Map or this chapter.
MOBILE HOME. Any vehicle without motive power designated by the manufacturer or maker with hitch and undercarriage to permit attachment of axles and wheels, and so designed to permit its being used as a conveyance upon public streets and highways and so designed, constructed or reconstructed as will permit the vehicle to be used as a single-family dwelling and not qualifying under the definition of MANUFACTURED HOUSING.
MOBILE HOME PARK. An area of land owned by a single user or group and used for the parking of two or more mobile homes.
MONUMENT. A physical structure which marks the location of a corner or other survey point.
MOTEL. A non-residential building in which lodging is provided and offered to the public for compensation on a daily or weekly basis. Generally, MOTELS do not provide permanent living quarters or areas for cooking and eating within the rental unit.
MULTI-FAMILY, ATTACHED. (See ATTACHED MULTI-FAMILY.)
MULTI-FAMILY RESIDENCE. (See RESIDENCE, MULTI-FAMILY.)
NON-CONFORMING USE. Any building or land lawfully occupied by a use at the time of passage of this chapter which does not conform after the passage of this chapter with the use regulations of the district in which it is situated. Existing improvements which do not meet required lot size, setback lines, height, intensity, off-street parking and loading, signs and other regulations for the district in which they are situated are NON-CONFORMING USES as defined herein.
OCCUPIED SPACE. The total area of earth horizontally covered by the structure, excluding garages, patios and porches and other accessory structures.
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.
ONE AND TWO FAMILY DWELLING CODE, INDIANA. The nationally recognized model building code adopted by the State Department of Fire Prevention and Building Safety as mandated by 675 I.A.C. 14, and, which includes those supplements and amendments promulgated by this agency.
OPEN SPACE. The total area of all land within parcel boundaries which is not covered by structures or pavement.
OPEN SPACE RATIO (OSR). The open space divided by the floor area of structures located on the parcel.
OPEN USE. (See USE, OPEN.)
ORDINANCE. A designated legislative action, however denominated, of a local government body having the force of law, including an amendment or repeal of any ORDINANCE.
OUTSIDE STORAGE.
(a) The presence of equipment, materials, goods or other articles outside of commercial or industrial structures.
(b) OUTSIDE STORAGE does not include off street parking, but does include abandoned vehicles, unregistered vehicles, salvage vehicles and vehicles awaiting repair if any of the above are left outside overnight.
OVERHANG. Any portion of a building structure that extends beyond the exterior wall of the building without support. OVERHANGS shall not project more than three feet from the building, and in no case shall be used to shelter an automobile.
OWNER. Any person, group of persons, firms, corporations or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations.
PARCEL. A part or portion of land having a legal description formally set forth in a conveyance together with the boundaries thereof, in order to make possible its easy identification.
PARKING AREA, PUBLIC. An open area, other than a street or alley, designed for use or used for the temporary parking of motor vehicles, whether free or for compensation, or as an accommodation for clients, customers or employees.
PARKING GARAGE. A garage where parking but not repairs are available to the public.
PARKING SPACE. An open space, and portion of the car area, exclusive of maneuvering aisle and driveway for the parking of a motor vehicle.
PAVEMENT WIDTH. The pavement width is measured from far edge of outside travel lane to the opposite edge of the outside travel lane.
PERIMETER STREET. Any existing street to which the parcel of land to be subdivided abuts on only one side.
PERMANENT FOUNDATION. Any structural system for transporting loads from a structure to the earth at a depth below the established frost line without exceeding the safe capacity of the supporting soil.
PERMANENT PERIMETER ENCLOSURE. A permanent perimeter structure system completely enclosing the space between the floor joists of the home and the ground, except for necessary openings, constructed in accordance with the One and Two Family Dwelling Code.
PERSON. A corporation, firm, partnership, association, organization, unit of government or any other group that acts as a unit, as well as a human being.
PLACE. An open, unoccupied, officially designated space other than a street or alley, permanently reserved for use as the principal means of access to abutting/adjoining property.
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 this chapter but requiring under this chapter or a special ordinance a special review and approval process.
PLAT. A map or chart indicating the subdivision or re-subdivision of land, either filed or intended to be filed for record.
PRELIMINARY PLAT. A tentative map indicating the subdivision or resubdivision of land, prepared in accordance with the requirements of this chapter as a basis for consideration prior to the preparation of the final plat.
PRIMARY APPROVAL. An approval (or approval with conditions imposed) granted to a subdivision by the Commission after having determined in a public hearing that the subdivision complies with the standards prescribed in this chapter (per I.C. 36-7-4-700 series: Subdivision Control).
PRIMARY ARTERIAL. A street intended to move through-traffic to and from such major attractors as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas and similar traffic generators within the county; and/or as a route for traffic between communities; a major thoroughfare.
PRIMARY STRUCTURE. (See PRINCIPAL USE BUILDING.)
PRINCIPAL USE. The primary use to which the premises are devoted, and the main purpose for which the premises exist.
PRINCIPAL USE BUILDING. A building in which is conducted the main or principal use of the lot on which said building is situated. Standards recognized by the State Administrative Building Council shall be used to determine whether a given structure constitutes one or more buildings in cases where ambiguities exist.
PRIVATE GARAGE. (See GARAGE, PRIVATE.)
PRIVATE SCHOOL. Private pre-primary, primary, grade, high or preparatory school or academy approved and licensed by the state for educational purposes.
PROFESSIONAL OFFICE. An office of a member of a recognized profession, such as an architect, attorney, dentist, engineer, physician, surgeon or other such professional person.
PROJECT. A lot or parcel of contiguous land to be developed for use or uses permitted in accordance with this chapter.
PUBLIC AGENCY. An agency or government department acting under the aegis of and representing an elected or appointed council, commission or other policy-making or advisory body of federal, state or local government to whom it is responsible.
PUBLIC BUILDING. Any building owned, leased or held by the United States, the state, the county, a city, town, township, any special district, school district or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes.
PUBLIC GARAGE. (See GARAGE, PUBLIC.)
PUBLIC IMPROVEMENT. Any drainage ditch, street, highway, parkway, sidewalk, pedestrian-way, tree, lawn, off-street parking area, lot improvement or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established. (All such improvements shall be properly bonded.)
PUBLIC RIGHT-OF-WAY. A general term denoting land, property or interest therein, usually in a strip, acquired for or devoted to a transportation or transmissions facility.
PUBLIC USES. Public parks, schools and administrative, cultural and service buildings, not including public land or buildings devoted solely to the storage and maintenance of equipment and material.
PUBLIC UTILITY. Any person, firm or corporation duly authorized to furnish electricity, gas, telephone, telegraph, water or sewage systems to the public under public regulation.
REAR LOT LINE. For an interior or corner lot, the term means the lot line that is opposite the front lot line and farthest from it, except that for a triangular or other irregularly-shaped lot it means the line ten feet long, parallel to the front lot line, and wholly within the lot, that is farthest from the lot line.
REAR YARD. A YARD as defined herein, encompassing the horizontal space between the nearest foundation of a building 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. The REAR YARD of a corner lot shall be that yard at the opposite end of the lot from the front yard.
RECREATIONAL VEHICLE (RV). A temporary dwelling for travel, recreation and vacation use including, but not limited to:
(a) CAMPING TRAILER. A collapsible or folding structure, built on a chassis with wheel and designed to move on the highway and used for vacation or travel purpose.
(b) MOTOR HOME. A self-propelled vehicle with living accommodations constructed as an integral part of the vehicle and used for vacation or travel purposes.
(d) TRAVEL TRAILER. A vehicle identified by the manufacturer as a travel trailer built on a chassis, designed to move on the highway, and not designed or approved for permanent residence, but designed for vacation or travel purposes.
(c) PICK-UP COACH. A structure designed to be mounted on a truck chassis or cut-down car.
REGISTERED LAND SURVEYOR. A land surveyor properly licensed and registered or through reciprocity permitted to practice in the state.
REGISTERED PROFESSIONAL ENGINEER. An engineer properly licensed and registered in the state or permitted to practice in the state through reciprocity.
REGULATORY FLOOD. The flood having a peak discharge which can 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 Natural Resources Commission; this flood is equivalent to a flood having a probability of occurrence of 1% in any given year.
REGULATORY FLOOD ELEVATION. The maximum elevation, as established by the State Department of Natural Resources, reached by the regulatory flood at the locations in question relevant to approval of a given subdivision under consideration.
REGULATORY FLOODWAY. (See REGULATORY FLOOD.)
RESIDENCE. A building or portion thereof, used primarily as a place of abode for one or more human beings, but not including hotels, lodging or boarding houses or tourist homes.
RESIDENCE, MULTI-FAMILY. A residential building designed for three or more families, with the number of families in residence not exceeding the number of dwelling units provided.
RESIDENCE, RESORT. A resort area established for temporary or permanent living.
RESIDENCE, SINGLE-FAMILY. A building, on a separate lot, containing one dwelling unit with a 950 square foot minimum main floor area exclusive of garages, carports and open porches, and has a minimum width of 24 feet.
RESIDENCE, TWO-FAMILY. A detached residential building containing two living units, designed for occupancy by not more than two families.
RESIDENTIAL BLOCK. (See BLOCK, RESIDENTIAL.)
RESORT RESIDENCE. (See RESIDENCE, RESORT.)
RESTRICTIVE COVENANTS. Limitations of various kinds on the usage of lots or parcels of land within a subdivision which are proposed by the subdivider, and, in the case of public health, safety and welfare by the Commission, that are recorded with the plat run with the land.
RESUBDIVISION. A change in a map of an approved or recorded subdivision plat if such
change affects any street layout on such map or area reserved thereon for public use, or any lot line, or setback; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
RIGHT-OF-WAY. (See PUBLIC RIGHT-OF-WAY.)
ROAD. (See STREET.)
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 metes and bounds, deed, contract, plat, map, lease, devise, intestate succession or other written instrument.
SCREENING.
(a) Either:
1. A strip of at least ten feet wide, densely planted (or having equivalent natural growth) with shrubs or trees at least four feet high at the time of planting, of a type that will form a year-round dense screen at least six feet high; or
2. An opaque wall or barrier or uniformly painted fence at least six feet high.
(b) Either division 1. or 2. above 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. Earth berms may be incorporated as part of such SCREENING measures where appropriate.
SECONDARY APPROVAL. The stage of application for formal Area Plan Commission approval of a final plat of a subdivision the construction of which has been completed or substantially completed which, if approved and signed by the designated officials may be submitted to the County Recorder for filing.
SECONDARY ARTERIAL. A street intended to collect and distribute traffic in a manner similar to primary arterials, except that these streets service minor traffic generating areas such as community-commercial areas, primary and secondary educational plants, hospitals, major recreational areas, churches and offices, and/or designed to carry traffic from collector streets to the system of primary arterials.
SECTION. A unit of a manufactured home at least ten feet in width and 30 feet in length.
SECTIONAL HOME OR MODULAR HOME.
(a) A structure manufactured in two or more sections or modules and transported to its permanent location as separate sections or modules. A sectional/modular home must be installed on a permanent foundation with no rolling chassis components, and must be at least 24 feet in width.
(b) A SECTIONAL/MODULAR HOME is distinguished from a mobile home in that the running gear, including springs, wheels, axles and other rolling suspension parts remain a part of a mobile home residence. Such parts have been removed from a SECTIONAL/MODULAR HOME at the time of placement onto a permanent foundation.
(c) For matters of zoning policy, SECTIONAL/MODULAR HOMES shall be considered equal to stick-built homes.
SETBACK. A line parallel to and equidistant from the relevant lot line (front, back, side) between which no buildings or structures may be erected as prescribed in this chapter.
SHOW CAUSE HEARING. Hearing before the Area Plan Commission members to present a violation and show cause as to why legal action should or should not be taken.
SIDE LOT LINES. Any lines separating two lots other than front or rear lot lines.
SIDE YARD. The horizontal space between the nearest foundation of a building to the side lot line and that side lot line, unoccupied other than by architectural appurtenances projecting not more than 24 inches into that space; steps or terraces not higher that the level of the first floor of the building; and open lattice-enclosed fire escapes, fireproof outside stairways and balconies projecting not over 24 inches into that space. The width of the required SIDE YARD is measured horizontally at 90 degrees with the side lot line, from the nearest part of the main building.
SIGN. Any outdoor announcement, declaration, device, demonstration or insignia used for directions, information, identification or to advertise or promote any business, product, activity, services or interests.
(a) ADVERTISING SIGN. Any cloth, card, metal, glass, wooden, plastic, plaster or stone sign or any other sign, device or structure of any character whatsoever including a statuary, or on any tree, wall, bush, rock, post.
1. The term “placed” shall include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing, or making visible in any manner whatsoever.
2. The area of an advertising structure shall be determined as the area of the largest cross-section of such structure.
3. Neither directional warning nor other signs posted by public officials in the course of their public duties nor merchandise or materials being offered for sale shall be construed as advertising signs for the purpose of this chapter.
4. A sign which directs attention to any business, product, activity or service which may or may not be located in the same place as the sign.
(b) BILLBOARD. An off-premises object, device, display, sign or structure, or part thereof, displayed outdoors or visible from a public way, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location, or to express a point of view, by any means, including words letters, figures, design, symbols, advertising flags, fixtures, colors, illuminations or projected images. Each substantially different face of a BILLBOARD structure shall constitute a separate BILLBOARD. BILLBOARDS do not include on-premises commercial or political signage nor small commercial or noncommercial signs temporarily placed in residential lawns by residents, owners, contractors, realtors or by or on behalf of political candidates or issues.
(c) BUSINESS SIGN. A sign which identifies a building or directs attention to a business product, activity or service manufactured, sold or offered upon the premises where such sign is located.
(d) FACING. The surface of the sign upon, against or through which the message of the sign is exhibited.
(e) FREE-STANDING SIGN. Any sign supported by structure or supports that are placed on or anchored in the ground and that are independent from any building or other structure.
(f) INCIDENTAL SIGN. A name plate or sign relating to the lot or use thereof and designating accessory uses, direction, identification, information or real estate for sale, rent or lease.
(g) PORTABLE SIGN. A sign which is designed to be transportable.
(h) PROJECTING SIGN. A sign suspended from or supported by a building structure, or column and projecting out more than 18 inches from the building.
(i) SIGN STRUCTURE. The supports, uprights, bracing and framework for the sign. In the case of a sign structure consisting of two or more sides, where the angle formed between and of the sides (or projection thereof) exceeds 15 degrees, each side shall be considered a separate sign structure.
(j) SIGN SURFACE. The entire area within a single, continuous perimeter enclosing all elements of the sign which form an integral part of the display.
SINGLE-FAMILY RESIDENCE. (See RESIDENCE, SINGLE-FAMILY.)
SOIL SURVEY, GENERAL. A survey done by a combination of visual inspection and utilization of existing information about the area which is sufficiently detailed to delineate soil area of questionable suitability as an adequate foundation for structures or of questionable suitability for on-site sewage disposal and areas subject to flooding.
SOIL SURVEY, OPERATIONAL. A highly detailed analysis of soil characteristics (e.g., texture, structure, acidity or alkalinity, permeability, moisture capacity) and identification of kinds of soil as described and named in a nationwide system.
SPECIAL EXCEPTION PERMIT. A special permit issued upon application by the Board of
Zoning Appeals for conducting activities which do not conform to the zoning for the site.
SPECIAL USE. The authorization of a use that is designated as such by this chapter as being permitted in the district concerned if it meets special conditions, and upon application, is specifically authorized.
STATE ACTS. Such legislative acts of the state as they affect these regulations.
STATE PLANE COORDINATE SYSTEM. A system of plans co-ordinates, based upon the Transverse Mercator Projection for the Eastern Zone of Indiana, established by the United States Coast and Geodetic Survey for the state.
STICK-BUILT HOME or CUSTOM-BUILT HOME. A permanent residential structure constructed of building materials at its site, and built on a permanent foundation.
STORAGE WAREHOUSE. A structure or room for the storage of commodities, materials or goods.
STREET. A dedicated public right-of-way, other than an alley, intended for vehicular traffic, including expressways, parkways, collector streets, primary thoroughfares, local streets, cul-de-sacs, marginal access streets, roads, lanes and other public ways.
STREET, DEAD END. (See DEAD END STREET.)
STREET RIGHT-OF-WAY WIDTH. The distance between property lines measured at right angles to the center line of the street.
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, mobile homes, walls, fences, billboards and poster panels. (Refer to BUILDING.)
STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or in the dimensions or configuration of the roof or exterior walls.
SUBDIVIDER. Any person who:
(a) Having a proprietary interest in land, causes it, directly or indirectly, to be divided into a subdivision;
(b) Directly or indirectly sells, leases or develops, or offers to sell, lease or develop or advertises for sale, lease or development, any interest, lot, parcel site, unit, or plat in a subdivision; or
(c) Engages directly, or through an agent, in the business of selling, leasing, developing, or offering for sale, lease, or development of a subdivision of any interest, lot, parcel site, unit or plat in a subdivision; and
(d) Is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing.
SUBDIVISION. The division of a parcel of land into two or more lots or parcels for the purpose of transfer of ownership or building development, or if a new street is involved, any division of a parcel of land; provided that a division of land for agricultural purposes into lots or parcels of ten acres or more and not involving a new street shall not be deemed a SUBDIVISION. The term includes RESUBDIVISION and, when appropriate to the contest, shall relate to the process of subdividing or to the land subdivided.
SUBDIVISION AGENT. Any person who represents, or acts for or on behalf of, a subdivider or developer, in selling, leasing or developing, or offering to sell, lease or develop any interest, lot, parcel, unit, site or plat in a subdivision except an attorney-at-law whose representation of another person consists solely in rendering legal services, and is not involved in developing, marketing or selling real property in the subdivision.
SUBDIVISION, MAJOR. (See MAJOR SUBDIVISION.)
SUBDIVISION, MINOR. (See MINOR SUBDIVISION.)
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.
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.
THOROUGHFARE PLAN. The part of the Comprehensive Plan for the county now or hereafter adopted, which includes a major thoroughfare plan and sets forth the general or approximate location, alignment, dimensions, identifications and classifications of existing and proposed highways and other thoroughfares, located within the jurisdiction of the Commission.
THROUGH LOTS. (See LOTS, THROUGH.)
TOTAL CAR RATION (TCR). The total number of parking spaces divided by the number of living units.
TOURIST HOME or BED AND BREAKFAST. (See BED AND BREAKFAST.)
TRADE OR BUSINESS SCHOOL.
(a) A secondary or higher education facility teaching usable skills that prepare students for jobs in a trade, business or vocation.
(b) Secretarial or business school or college conducted as a commercial enterprise for teaching trades or technical vocations such as instrumental music, dancing, barbering or hair dressing, drafting, industrial and/or technical arts.
TREE. Any object of natural growth.
TWO-FAMILY RESIDENCE. (See RESIDENCE, TWO-FAMILY.)
UNNECESSARY CLUTTER. Items, junk or debris littered or strewn in a heap, or in a confused and disorderly manner.
USE. The nature of employment or occupation of a building, structure or land for a person’s service, benefit or enjoyment.
USE, OPEN.
(a) The use of land principally for purposes that do not require a building, or including a building:
1. Whose use is unconnected with the use of the remaining land; or
2. Which is incidental to the use of the open land.
(b) This definition shall include, but not be limited to, the following: parking facilities, storage, open space and natural areas.
USE VARIANCE. The approval of a use other than that prescribed by this chapter. Changes of allowed uses are not permitted by this chapter except by zoning map amendment.
VARIANCE. A modification of the specific requirements of this chapter granted upon request and application by the Board of Zoning Appeals.
VEHICLES, JUNK. (See JUNK VEHICLES.)
VISION CLEARANCE ON CORNER LOTS. A triangular space at the street corner of a corner lot, free from any kind of visual obstruction between the heights of three and 12 feet above the established street grade for the purpose of observing activity which might obstruct or endanger traffic safety.
YARD. A space of a lot which is open, unoccupied and unobstructed by structures, except as otherwise provided in this chapter.
YARD, FRONT. (See FRONT YARD.)
YARD, REAR. (See REAR YARD.)
YARD SALES. A sale of items belonging to the resident of the household or multi-family households.
YARD, SIDE. (See SIDE YARD.)
ZONE MAP. The words ZONE MAP refer to the current editions of maps entitled “Jennings County, Indiana Zone Map,” and “Jennings County, Indiana Jurisdictional Area and Zone Map,” with amendments, and are on file and available for public inspection in the Area Plan Commission Office of the county.
ZONING. A police power measure, enacted by the governing body of local governments, in which the community is divided into districts or zones within which permitted and special uses are established as are regulations governing lot size, building standards, placement and other development standards. Requirements vary from district to district, but they must be uniform within zoning districts. The zoning ordinance consists of two parts: a narrative text and a map.
ZONING ENFORCEMENT OFFICER. The person employed and delegated the primary responsibility of enforcing this chapter and issuing relevant permits.
(Ord. passed 9-1-2006)