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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE. A use located on the same lot as a principal use, related to and clearly subordinate to the principal use.
ADVERTISING STRUCTURE. Any off-premise notice, advertisement, billboard, pictorial or otherwise, used as an outdoor display for the purpose of advertising the property or the establishment or enterprise, including goods and services. These structures are considered conditional uses in every district, except R-1, in which they are not permitted. Furthermore, these structures shall meet all building and sign requirements. The term ADVERTISING STRUCTURE under this chapter does not include a "sign", as defined later in this section.
AGRICULTURAL BUILDING. A structure utilized for the conduct of farming or agricultural operations, but not a dwelling.
AGRICULTURE. The production, keeping, cultivation or maintenance, for sale, lease or personal use, of plants and animals useful to humans, including, but not limited to, forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutations or hybrids thereof, including the breeding and grazing of any or all of the animals; bees and apiary products; fur animals; llamas, chinchilla, ostrich and other specialty animals; fish for commercial sale (aquaculture); trees and forest products; fruits of all kinds; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program.
AIRCRAFT. Any contrivance, now known or hereinafter invented, for use or designed for navigation of or flight in the air or outer space, including missiles.
AIRPORT. Any area, which is used or intended to be used either publicly or privately for the taking off and landing of aircraft, including helicopters; and any appurtenant areas which are used or intended to be used for airport buildings or facilities, including open spaces, taxiways and tie-down areas.
ALLEY. A right-of-way, other than a street, road, sidewalk or easement, that provides secondary access to an abutting property.
AUTOMOBILE SERVICE STATION. Any building, structure or land used for the dispensing, sale or offering for retail sale of vehicular fuels, oils or accessories. This use may include lubrication or washing of automobiles and replacement or installation of minor parts and accessories; but does not include major repair work such as motor replacement, body and fender repair, or spray painting. (See GARAGE, AUTOMOBILE REPAIR.) It may also include a convenience store as an accessory use.
BED AND BREAKFAST UNIT. A room or group of rooms forming a single habitable unit used or intended to be used for compensation by transients for living and sleeping, but not for cooking or eating purposes.
BED AND BREAKFAST USE.
(1) An operator-occupied residence that:
(a) Provides sleeping accommodations to the public for a fee;
(b) Has no more than eight guest rooms;
(c) Provides breakfast to its guests as part of the fee; and
(d) Provides sleeping accommodations for no more than 30 consecutive calendar days to a particular guest.
(2) This term does not include hotels, motels, boarding houses, tourist homes or food service establishments.
BLOCK. A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, watercourses or any other barrier to the continuity of development.
BOARD. The County Area Board of Zoning Appeals or the Vincennes City Board of Zoning Appeals, whichever jurisdiction applies.
BOARDING OR LODGING HOUSE. A dwelling or part thereof in which for compensation, lodging and meals are provided to at least three, but not more than 30 persons other than transients.
BUILDING. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind.
BUILDING, ACCESSORY. A building or structure that is located on the same lot as a principal building and is clearly subordinate to the principal building.
BUILDING AREA. The total ground floor area of all buildings on a lot, excluding open areas or terraces, unenclosed porches not more than one story high, and architectural features that project no more than two feet in width.
BUILDING HEIGHT. With respect to a building, means the vertical distance from the lot ground level to the highest point for a flat or shed 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.
BUSINESS. The engaging in the purchase, sale, barter or exchange of goods, merchandise or services; the maintenance or operation of offices or recreational and amusement enterprises for profit.
CAMP GROUND. A parcel of land used or intended to be used for temporary occupancy by campers, or for temporary occupancy by or of recreational vehicles, travel trailers, tents, cabins or other temporary accommodations.
CAR WASH. A structure, or portion thereof, containing commercial facilities for washing automobiles, using production line methods with a chain conveyor, blower, steam cleaning device or other mechanical devices; and shall include a manually operated car wash facility when the operation is equivalent in intensity to a mechanized car wash.
CEMETERY. Land dedicated or used for the burial of the dead, including columbaria and mausoleums when operated in conjunction with and within the boundaries of the premises.
CHILD OR ADULT CARE HOME. A residential structure in which at least six children or other individuals at any time receive care from a provider, not including those for whom the provider is a parent, stepparent, guardian, custodian or other relative; but no more individuals may receive care than the maximum allowed by appropriate state regulations.
CHILD CARE SERVICE. A service conducted as a "home occupation" by an individual that provides for the care, health, safety and supervision of not more than five children at any one time, including his or her own minor children, for less than 24 continuous hours in his or her own residence.
CHURCH. Any church, temple, chapel or other building dedicated or used for public worship, ceremonies or other organized religious services
CITY. The City of Bicknell, Indiana, or the City of Vincennes, Indiana.
CLINIC. An establishment in which patients are admitted on an outpatient basis by one or more physicians, dentists, other medical personnel, psychologists or social workers and where patients are not usually lodged overnight.
CLUB. An establishment operated for social, recreational or educational purposes that is open only to members and not to the general public.
COAL EXTRACTION. This definition includes the activities associated with both surface and underground coal mining or coal extraction, including other preparations customarily done at a mine site or as part of a coal mining or coal extraction activity.
COMMERCIAL CENTER. A group of four or more separately operated commercial establishments, planned, developed, owned and managed as a unit, with common off-street parking provided on the property.
COMMERCIAL RECREATION. Establishments primarily engaged in providing recreational services to the general public, including auditorium, theater, bowling alley, billiard rooms, dance studios and amusement facilities.
COMMISSION. The County Area Plan Commission.
CONDITIONAL USE. A use that would not be appropriate generally or without restriction throughout the zone district, but which, if controlled as to number, area, location or relation to the neighborhood, could promote the public health, safety, convenience, prosperity or general welfare. The uses may be permitted in zone districts as CONDITIONAL USE, if specific provision for the CONDITIONAL USE is made in this chapter.
CONVENIENCE STORE. Any retail establishment not exceeding 3,500 square feet in area offering for sale prepackaged food products, household items, newspapers and magazines, along with other convenience items such as sandwiches, donuts, salads, coffee and fountain drinks.
COUNTY. Knox County, Indiana.
DETACHED BUILDING. A building that has no structural connection with another building.
DEVELOPMENT OF BROAD SIGNIFICANCE. A land use, development or project having the potential to affect the county in a significant manner. Effects include, but are not limited to, significant impacts on traffic, the environment, future development patterns and economic development. Examples of the uses include, but are not limited to, amphitheaters, race tracks, landfills, theme parks or other large recreational developments and prisons.
DRIVE-IN RESTAURANT. A food service establishment where food is consumed on the premises outside of fully enclosed buildings or structures.
DRIVE-THROUGH ESTABLISHMENT. Any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle, which is usually left running, during the business transactions.
DWELLING. A building or part of a building that is used primarily as a place of abode, including mobile home, as defined herein, but not including a hotel, motel, lodging house, boarding house or tourist home.
DWELLING, FARM. A single-family dwelling, located upon a farm and occupied or used by the owner, farm tenant or other person employed thereon.
DWELLING, SINGLE-FAMILY. A detached building designed for or occupied by one family exclusively.
DWELLING, TWO-FAMILY. A detached building designed for or occupied by two families. A DUPLEX DWELLING has one family unit above the other and a DOUBLE DWELLING has one family unit beside the other.
DWELLING, MULTI-FAMILY. A building designed for or occupied by three or more families.
DWELLING UNIT. A dwelling or part of a dwelling used by one family as a place of abode.
EXISTING USE. The use of a lot or structure at the time of enactment of this chapter.
FAMILY. A group of individuals, not necessarily related by blood, marriage, adoption or guardianship, living together in a dwelling unit as a single housekeeping unit under a common management plan based on an intentionally structured relationship providing organization and stability. This definition does not include a group occupying a hotel, motel, club, adult care home, child care home, group home, nursing home, dormitory or a fraternity or sorority house.
FARM. An area used for agricultural operations, including truck gardening, forestry, the operation of a tree or plant nursery or the production of livestock and poultry, except as defined under "farm, confinement feeding" or the processing of farm products produced on the farm by the resident owner or tenant; but it does not include commercial or custom slaughtering. (See AGRICULTURE.)
FARM, CONFINEMENT FEEDING. Any operation involving the production of livestock or fowl or related operations, indoors or outdoors, wherein more than 100 head of livestock or 5,000 fowl are kept within buildings or structures or in paved or unpaved feed lots, wherein five square feet or less of feed lot area is provided per laying hen, or eight square feet or less per hog weighing 225 pounds or less, or 15 square feet or less per lamb or ewe, or 50 square feet or less per sow, or 50 square feet or less per feeder steer, or 100 square feet or less per dairy cow; provided that, this definition shall not apply to operations involved with the processing of products of CONFINEMENT FEEDING OPERATIONS.
GARAGE, AUTOMOBILE REPAIR. Any building, structure or land used for major repair work or equipment of automobiles, including, but not limited to, motor replacement, body and fender repair or spray painting.
GARAGE, PRIVATE. A detached accessory building, or a portion of a main building on the same lot as a dwelling, used for the housing of vehicles of the occupants of the dwelling, including carports.
GROUP HOME. A residential facility, licensed by the appropriate state agency, that provides residential services for not more than eight developmentally disabled persons, none of whom has a history of violent or antisocial behavior, and staff, not to exceed two at any one time, as are necessary to adequately manage the home.
HOME OCCUPATION. Any use conducted within a dwelling or appropriate accessory building and participated in solely by members of the family, which use is clearly incidental and secondary to the use of the property for residential purpose and does not change the character thereof. No commodity shall be sold upon the premises, except that which is produced thereon or essential and incidental to the services offered. In no event shall a two-station barber shop, two-station beauty shop, restaurant, animal hospital, commercial warehouse or similar uses including junk yards, or major automotive repair be construed as a HOME OCCUPATION.
HOSPITAL. An institution or facility where the ill or injured may receive medical, surgical or psychiatric treatment, nursing care and the like.
IMPROVED BLOCK. Any block that contains at least three existing lots or parcels, each containing a legally established building. For the purposes of this definition, a BLOCK consists of one side of the street, not interrupted by any streets. In any case where a proposed building site has no buildings within 300 feet in either direction on the same side of the street, the property shall be considered to be in an unimproved block.
INDUSTRIAL USE, GENERAL. Manufacturing, processing, extraction, heavy repairing, dismantling, storage or disposal of equipment, raw material, manufactured products or wastes, in which operations, other than transportation, may be performed in either open or closed areas.
INDUSTRIAL USE, LIGHT. Manufacturing, processing, extraction, heavy repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or wastes, in which all operations, other than transportation, are performed entirely within enclosed buildings and for which all loading and unloading facilities are enclosed.
INSTITUTIONAL USE. Fraternal, philanthropic and charitable uses, private clubs, lodges, social centers and athletic clubs, religious establishments, museums.
JUNK. Any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed or other use or disposition. This definition includes, but is not limited to, unregistered or inoperable vehicles, tires, vehicle parts, equipment, paper, rags, metal, glass, building materials, household appliances, machinery, brush, wood and lumber.
JUNK YARD. Any area, lot, land, parcel, building or structure, or part thereof, used for the storage, collection, processing, purchase, sale, salvage or disposal of junk.
KENNEL. A place primarily for keeping a total of four or more dogs or other small animals that are ordinarily kept as pets and are at least four months old.
LOT. A parcel, tract or area of land accessible by means of a street or place. It may be a single parcel separately described in a deed or plat which is recorded in the office of the County Recorder, or it may include a combination of parcels when adjacent to one another and used as one. In determining lot area and boundary lines, no part thereof within the limits of a street shall be included.
LOT, CORNER. A lot or parcel of land 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.
LOT, INTERIOR. A lot other than a corner lot or a through lot.
LOT, THROUGH. A lot fronting on two parallel or approximately parallel streets, or a lot fronting on both a street and a watercourse or lake.
LOT COVERAGE. The percentage of the lot area that is represented by the building area together with any other physical improvements including, but not limited to, decks, patios and driveways.
LOT GROUND LEVEL (ELEVATION).
(1) For a building having walls abutting (that is, generally parallel to and not more than five feet from) one street only, means the elevation of the sidewalk at the center of the wall abutting the street;
(2) For a building having walls abutting more than one street, means the average of the elevations of the sidewalk at the centers of all walls that face streets; and
(3) For a building having no wall abutting a street, means the average level of the ground adjacent to the exterior walls of the building.
(1) FRONT. For an interior lot, the line marking the boundary between the lot and the abutting street; and for a corner lot or a through lot, means the lines marking the boundaries between the lot and the abutting streets on each side.
(2) REAR. 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 front lot line.
(3) SIDE. A lot boundary line other than a front or rear lot line.
LOT WIDTH. The distance between the side lot lines as measured along the front lot line.
MANUFACTURED HOME. Pursuant to I.C. 22-12-1-16, has the meaning set forth in 42 U.S.C. § 5402 as it existed on 1-1-2003, as follows: “A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein; except that the term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under 42 U.S.C. §§ 5401 et seq.; and except that the term shall not include any self-propelled recreational vehicle.” According to this definition, MANUFACTURED HOME is the term used under this chapter for a structure built entirely in the factory after 6-15-1976, under the Federal Manufactured Home Construction and Safety Act of 1974, according to standards administered by the United States Department of Housing and Urban Development (commonly known as the HUD Code) or an older model structure that has obtained the above mentioned certification. The term MANUFACTURED HOME under this chapter does not include a “mobile home” or a “recreational vehicle”, as defined later in this section.
MANUFACTURED HOME PARK. A parcel of land containing two or more spaces with required improvements and utilities that are leased for the long-term placement of manufactured homes.
MANUFACTURING. The manufacturing, processing, fabrication or repairing of any goods, product or materials where no continuous process involved will produce fire hazard, electrical disturbance, noise, vibration, odor, air pollution, heat, glare, water pollution or waste matter which will disturb or endanger any neighboring property and where the operations and storage are enclosed.
MECHANICAL UNITS. Mechanical units located on the outside of buildings, including but not limited to, generators, walk-in freezers, heating, ventilation and air conditioning units.
MINING or MINERAL EXTRACTION. The extraction of minerals, including solids, such as ores, sand and gravel; liquids, such as crude petroleum; and gases, such as natural gas, from the ground, excluding coal. (See COAL EXTRACTION.) This definition includes the activities associated with mining or mineral extraction, including milling, such as crushing, screening, washing and flotation; and other preparations customarily done at a mine or excavation site or as part of a mining or excavation activity.
MOBILE HOME. A structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein; except that the term shall not include any self-propelled recreational vehicle. Under this chapter, MOBILE HOME is the term used for manufactured homes produced before 6-15-1976, prior to the Federal Manufactured Home Construction and Safety Act of 1974, and have not been certified to comply with the standards established under 42 U.S.C. §§ 5401 et seq. (the HUD Code) as required by the Secretary of Housing and Urban Development. These MOBILE HOMES were built according to voluntary industry standards that may not have been enforced by various states. The term MOBILE HOME under this chapter does not include a “manufactured home” or a “recreational vehicle” as defined elsewhere in this section.
MOBILE HOME PARK. A parcel of land containing two or more spaces, with required improvements and utilities, that are leased for the long-term placement of mobile homes.
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 currently situated are not NON-CONFORMING USES, as defined herein.
OPERATING AUTHORITY. Any private utility company that owns, operates or maintains any electric, gas, water, sewer, telecommunications or any other utilities serving or located within a given area. In the case of public improvements, this includes any entity of a county, city, town or other unit of government that owns, operates and maintains the utilities or any roads, streets, parks, schools or other public systems serving or located within a given area.
PERMITTED or PERMITTED USE. Uses, structures or other items that are allowed as specified under the terms of this chapter that typically require an improvement location permit or conditional use permit, unless the use and context of the term as used in this chapter denotes otherwise.
PERSON. An individual, corporation, company, association, society, firm, partnership, joint stock company or any organized group of persons whether incorporated or not, or any agent, representative or instrumentality thereof.
PERSONAL SERVICES. Establishments primarily engaged in providing services for a person or his or her personal goods or apparel. These uses include, but are not limited to, laundry, dry cleaning, beauty or barber shops, diaper service and shoe repair.
PLANNED UNIT DEVELOPMENT. An area planned for one or more uses as an integrated and harmonious unit displaying desirable and fitting site design characteristics, the use requirements of this chapter being generally applicable to the area as a whole rather than to the individual components.
PLAT. A map or chart that shows a division of land and is intended to be filed for record.
PRINCIPAL BUILDING. A building in which the principal use of the lot on which it is located is conducted, including a building that is attached to such a building in a substantial way, such as by a roof (with respect to residential uses, it means the main dwelling).
PROFESSIONAL OFFICE. An office used by members of a recognized profession such as architects, artists, dentists, engineers, surveyors, lawyers, musicians, physicians and surgeons.
RECREATIONAL VEHICLE. A vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational camping, travel or seasonal use.
RECYCLING. The process by which waste products are reduced to raw materials and transformed into new and often different products.
RECYCLING FACILITY. A lot or parcel of land, with or without buildings, upon which used materials are collected, separated or processed for shipment or on which recycling occurs.
RETAIL USE, BIG BOX. A single retail establishment containing 75,000 square feet or more.
RETAIL USE, GENERAL. Establishments primarily engaged in the sale of goods or the provision of services to the general public; including but not limited to hotels, package liquor stores, taverns, nightclubs, restaurants and catering establishments; drugstores, department stores, variety stores, newsstands, book, stationery and office supply stores; paint, wallpaper, furniture, carpet, interior decorating, upholstering and furrier stores; candy, ice cream, jewelry, florist, gift, antique, art, music, toy and hobby shops; quick print shops, mail and package services; and storage, processing and/or conditioning when incidental to any of these uses.
SCHOOL. Any building or part thereof that is designed, constructed or used for education or instruction in any branch of knowledge.
SCHOOL, ELEMENTARY. Any school licensed by the state and that meets the state requirements for elementary education.
SCHOOL, PAROCHIAL. A school supported and controlled by a church or religious organization.
SCHOOL, PRIVATE. Any building or group of buildings the use of which meets state requirements for elementary, secondary or higher education, and which does not secure the major part of its funding from any governmental agency.
SCHOOL, PROFESSIONAL OR VOCATIONAL. A secretarial, trade or business school or college; or a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering, hair dressing or drafting; or for teaching industrial or technical arts. This definition excludes schools that are publicly owned or those owned or conducted by or under the sponsorship of a religious, charitable or non-profit organization.
SCHOOL, SECONDARY. Any school licensed by the state and that is authorized to award diplomas for secondary education.
SETBACK. The line that establishes the minimum permitted distance on a lot between the exterior face of a building and the front, side or rear lot line. For lots or tracts with property lines running to the center line of the street, the SETBACK line is measured from the street right-of-way line, not the lot or property line in the center of the street.
SIGN. Any notice or advertisement, pictorial or otherwise, used as an outdoor display for the purpose of advertising the property or the establishment or enterprise, including goods and services, upon which the sign is exhibited. The term SIGN under this chapter does not include an "advertising structure", as defined earlier in this section.
SPECIAL SERVICES. Establishments or institutions providing social or human services, including, but not limited to, child care centers, day care centers, kindergartens, nursing homes and neighborhood social centers.
STREET. A right-of-way that is established by a recorded plat or deed to provide the principal means of access to abutting property.
STREET, COLLECTOR. A street, which primarily collects traffic from local streets and feeds it to the arterial street network. COLLECTOR STREETS provide circulation between neighborhood areas.
STREET, LOCAL. A street used primarily for access to abutting properties, usually residential property.
STREET, MINOR ARTERIAL. A street, which feeds and distributes moderately high volume traffic to principal arterials. ARTERIAL STREETS may provide controlled access to abutting property.
STREET, PRINCIPAL ARTERIAL. A street that serves high volume traffic corridors and connects major population centers and traffic generators, with access limited or controlled.
STREET, PUBLIC. A street established for or dedicated to the public use.
STRUCTURAL CHANGE. A substantial change or repair, excluding normal and usual repair, in a supporting member of a building, such as a bearing wall or partition, column, beam or girder, or in an exterior wall or the roof.
STRUCTURE. Anything constructed or erected that requires location on or in the ground or attachment to something having a location on or in the ground.
TOURIST HOME. A building in which not more than five guest rooms are used to provide or offer overnight accommodations to transient guests for compensation.
TOWN. The Town of Bruceville, or Decker, or Edwardsport, or Monroe City, or Oaktown, or Sandborn, or Wheatland, Indiana, as may be applicable.
TRANSITIONAL SETBACK. An area that acts as a buffer between two land uses of different intensity and compatibility.
TRUCK GARDEN. A farm or garden devoted to the cultivation of vegetables for the market.
TRUCK SERVICE CENTER. Any building, structure or land used for the servicing, care, repair or equipment of trucks over one ton; or where the vehicles are parked or stored for remuneration, hire or sale.
USE. The purpose or activity for which land or buildings are designed, arranged or intended or for which land or buildings are occupied or maintained.
VARIANCE. Permission granted by the Board of Zoning Appeals in accordance with the provisions of this chapter to depart from the development standards of this chapter.
VISIBILITY OR SIGHT TRIANGLE. A triangular space at street intersections, free from any obstruction to vision as specified in § 152.022.
WORKER HOUSING. Communal living quarters containing a community kitchen and living room as well as sleeping quarters (which may be individual) for persons employed on the premises on which the housing is located.
YARD. A space on the same lot with a principal building that is open and unobstructed by structures, except as otherwise authorized by this chapter.
(Ord. 2006-13, passed 4-3-2006; Ord. 2012-9, passed 7-2-2012)