For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUT. Having a common property line or district line.
ACCESS STREET. (See STREET, LIMITED ACCESS in this section.)
ACCESSORY BUILDING OR STRUCTURE. A subordinate building or structure, including garages, or a part thereof, or a portion of a main building, the use of which is in keeping with and incidental to that of the main building. An ACCESSORY BUILDING shall clearly be located on the lot of the main building and shall not be used for habitation. An ACCESSORY BUILDING OR STRUCTURE includes:
(1) Domestic or agricultural storage in a barn, shed, tool room or similar building or other structure;
(2) Accessory radio or television towers;
(3) Accessory satellite dish.
When ACCESSORY is used herein, it shall have the same meaning as accessory use.
ACCESSORY USE. A use which:
(1) Is conducted on the same zoning lot as the principal use to which it is related, whether located within the same or an accessory building or other structure or as an accessory use of land, except that, where specifically provided in the applicable district regulations, accessory off-street parking or loading need not be located on the same zoning lot;
(2) Is a use which is clearly incidental to, and customarily found in connection with, such principal use; and
(3) Is either in the same ownership as such principal use, or is operated and maintained on the zoning lot substantially for the benefit or convenience of the owners, occupants, employees, customers or visitors of the principal use.
ADJACENT. To lie near or close to, in the neighborhood or vicinity of.
ADJOINING. Touching or contiguous, as distinguished from lying near or adjacent.
ADULT ENTERTAINMENT. A business or enterprise that offers or presents performances or activities or reproductions of performances or activities by individuals or conduct between male and female persons and/or persons of the same sex when one or more of the persons are nude or seminude. SEMINUDE is a state of dress in which clothing covers no more than the genitals, pubic region, cleft of the buttocks and the area of the female breast such that it is less than completely covered and/or opaquely covered.
AGRICULTURE. The use of land for farming, dairying, pasturage, agriculture, apiculture, horticulture, floriculture, viticulture, animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided, however, that:
(1) The operation of any such accessory uses shall be secondary to that of normal agricultural activity;
(2) The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within 1,000 feet of any residential zoning district; and
(3) Agriculture does not include the operation or maintenance of a commercial stockyard or feedlot.
ALLEY. A permanent service right-of-way providing secondary means of access to abutting lands.
ALTERATION. A change in size, shape, occupancy or use of a building or structure.
ANIMAL HOSPITAL. A lot, building, structure, enclosure or premises whereon or wherein three or more dogs, cats and other domestic animals are kept or maintained and which is operated by or the treatment therein is under the direct supervision of a veterinarian licensed to practice by the State of Indiana.
APARTMENT. A room or group of rooms in a multiple-family dwelling intended to be and designed for use as a residence by a single family.
APARTMENT HOUSE. A building designed for and occupied exclusively for three or more families, living independent of one another.
AUTOMOBILE REPAIR STATION. A place where the following services are carried out:
(1) General repair;
(2) Engine rebuilding;
(3) Rebuilding or reconditioning of motor vehicles;
(4) Collision service, such as body, frame or fender straightening and repair, painting and undercoating of automobiles;
(5) Accessory service, such as oil/ lubrication, transmission repair, muffler service and the like;
(6) Public parking is not permitted in an automobile repair station. Open lot sales are not permitted at an automobile repair station.
AUTOMOBILE SERVICE CENTER. An establishment in which the retail sale of accessories and services for automobiles are provided as the primary use, including the customary space and facilities for the installation of such commodities on or in such vehicles, but not including the space for facilities for major storage, repair, dumping, painting, refinishing and gas pumps. Public parking is not permitted in an automobile service center. Open lot sales are not permitted in an automobile service center.
AUTOMOBILE SERVICE STATION. A place where gasoline, diesel fuel or any other automobile engine fuel, kerosene or motor oil and lubricants or grease for the operation of automobiles are retailed directly to the public on the premises as the predominant activity of the business, including the sale of minor accessories and services for automobiles. Public parking is not permitted in an automobile service station. Open lot sales are not permitted in an automobile service station. Equipment of the automobile service station, including pumps, light stands, air towers, water outlets or similar installations may be placed within the required front yard, but no closer to the curb line than 15 feet.
BASEMENT. A portion of a building having at least one-half of its floor to clear ceiling height below grade. When a basement is used for storage, garages for use of occupants of the building or other facilities common for the rest of the building, it shall not be counted as a story.
BERM. A man-made earthen mound of definite height and width used for obscuring purposes, generally constructed at a three-to-one slope.
BLOCK. A tract of land bounded by:
(1) Streets;
(2) Public parks;
(3) Railroad rights-of-way, when located at or above ground level, but not including sidings or spurs in the same ownership as the zoning lot;
(4) Waterways and shorelines; or
(5) Corporate boundary lines of the Town of Kouts.
BOARD OF ZONING APPEALS. The Board of Zoning Appeals of the Town of Kouts, Porter County, Indiana.
BOARDING OR ROOMING HOUSE. A building originally designed for and used as a single or two-family dwelling, all or a portion of which contains lodging rooms which accommodate persons who are not members of the keeper’s family. Lodging or meals or both are provided for compensation for three or more, but no more than five persons. This accommodation shall not be available to transients.
BUFFER AREA. A strip of land in a nonresidential district at the point where the nonresidential district touches a residential district. Yard requirements may be included in the buffer area requirements.
BUFFER STRIP. (See the definition for GREEN STRIP in this section).
BUILDING. A structure designed or intended for shelter, support or enclosure of persons, animals, chattels or property of any kind and is permanently affixed to the land.
BUILDING, ACCESSORY. (See ACCESSORY BUILDING, defined in this section.)
BUILDING, ATTACHED. A building which has two party walls in common with adjacent buildings.
BUILDING, COMPLETELY ENCLOSED. A building separated on all sides from the adjacent open space or from other buildings or structures by a permanent roof and by exterior walls, pierced only by windows and normal entrance and exit doors.
BUILDING, DETACHED. A building that has no structural connection with another building.
BUILDING, HEIGHT OF. The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs and to the mean height between eves and ridges for gable, hip and gambrel roofs.
BUILDING LINE. A line parallel to the right-of- way line at a distance therefrom equal to the depth of the front yard required for the zoning district in which the lot is located. (Also, see BUILDING SETBACK LINE in this section).
BUILDING, LOWEST ELEVATION OF ENTRANCE. The lowest elevation of the access to the structure that will admit flowing water. By way of illustration and not limitation, the following examples are: door thresholds, window sills, garage floor at entrance, walkout basement door entrance thresholds and window sills and basement windows.
BUILDING, NONCONFORMING. A legally existing building which fails to comply with the provisions set forth in this chapter applicable to the zoning district in which the same is located. Any building legally existing at the time of the passage of this chapter shall not be a nonconforming building by reason of its having setback line of less than the building setback line herein provided for.
BUILDING, PRINCIPAL. A nonaccessory building in which the principal use of the lot is conducted.
BUILDING, SEMI-DETACHED. A building which has only one party wall in common with another building.
BUILDING, SETBACK LINE. The line beyond which a building shall not extend unless varied according to procedures established by this chapter. The line is also called a BUILDING LINE.
BUILDING, TEMPORARY. Any building not designed to be permanently located at the place where it is or where it is intended to be temporarily placed or fixed.
CAMPGROUND. Any area or tract of land used or designed to accommodate recreational vehicles or camping parties.
CANOPY. A roof-like structure which projects from the wall of a building and overhangs into a public way.
CAPACITY IN PERSONS. The maximum number of persons that can avail themselves of the services or goods of an establishment or use at any one time with reasonable comfort and safety.
CARPORT. A partially opened shelter or structure for housing vehicles. Such structure shall comply with requirements applicable to the principal building.
CEMETERY. Land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries, if operated in connection with and within the boundaries of such cemetery for which perpetual care and maintenance is provided.
CERTIFICATE OF ZONING COMPLIANCE. A certification issued by the duly designated town official in accordance with the provisions of this chapter prior to the initial occupancy, re-occupancy after a six month’s vacancy, change in use of building or structure or change in use of land, stating that: said occupancy, re-occupancy or change in use is in accordance with all applicable provisions of the Zoning Code.
CHANNEL. A natural or artificial watercourse of perceptible extent with definite bed and banks to confine and conduct continuously or periodically flowing water.
CHARACTERISTICS OF USE. The use which is characteristic of the principal use of an area of land, a building or structure.
CHURCH. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which buildings, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
CLINIC. A facility with at least two certified and licensed physicians and/or dentists, used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons and those who are in need of medical, dental and surgical attention; but which facility does not provide board, room or regular hospital care and services.
CLOSED CUP FLASH POINT. The lowest temperature at which a combustible liquid, under prescribed conditions, will give off a flammable vapor which will burn momentarily.
CLUB. A building or portion thereof, or premises owned or operated by a person for social, literary, political, educational or recreational purpose, primarily for the exclusive use of members and their guests, but not including any organization, group or association, the principal activity of which is to render a service usually and ordinarily carried on as a business.
CLUB OR LODGE, PRIVATE. An association of persons who are bona fide members, paying dues, which owns or leases a building, the use of which shall be restricted to members and their guests.
COMMISSION. The Plan Commission of the Town of Kouts, Porter County, Indiana.
COMMON OPEN SPACE. An area within any development designed and intended for the use or enjoyment of all residents of the development or for the use and enjoyment of the public in general.
COMMUNITY CENTER. A public building, including one or more of the following facilities: meeting and recreation rooms, dining rooms and kitchen facilities and family day care centers, all for the common use of residents.
COMPREHENSIVE PLAN. A development plan, or any portion thereof, recommended by the Plan Commission and adopted by the Town Council of the Town of Kouts, Porter County, Indiana.
CONDITIONAL USE. A use that would not be appropriate throughout the zoning district, but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, peace, morals, comfort, convenience and general welfare.
CONDITIONAL USE PERMIT. A permit issued by the duly designated town official, upon approval by the Board of Zoning Appeals, to allow a use other than a principally permitted use to be established within the zoning district.
CONDOMINIUM. Real estate lawfully subjected to the terms and provisions of the State of Indiana statutory Horizontal Property Law, as amended from time to time. Real estate is not a condominium under the State of Indiana Horizontal Property Law unless the undivided interests in the common areas and facilities are vested in the condominium unit owners.
CONDOMINIUM UNIT. An enclosed space, consisting of one or more, occupying all or part of a floor or floors in a structure of one or more floors or stories, regardless of whether it be designed for residence, for office, for the operation of any industry or business or for any other type of independent use, with either direct access to a public street or highway or an exit to a thoroughfare or to a given common space leading to a thoroughfare, together with the undivided interest in the common elements appertaining to that unit of space.
CONFORMING BUILDING OR STRUCTURE. A building or structure which:
(1) Complies with all of the regulations of this Zoning Code or of any amendment thereto governing bulk of the district in which the building or structure is located;
(2) Is designed or intended for a permitted or special use as allowed in the zoning district in which it is located;
(3) The placing of construction materials, including landfill, in permanent position and fastened in a permanent manner. Where excavation, demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation, demolition or removal shall be deemed construction.
CONTIGUOUS. Abutting adjoining properties.
CONVALESCENT OR NURSING HOME. (See NURSING HOME in this section.)
CORNER LOT. (See LOT, CORNER in this section.)
COUNTY. Porter County, Indiana.
COURT. An open, unoccupied space on the same lot with a building or group of buildings and bounded on three or more sides by such building or buildings. The width of any court is its least horizontal dimension measured between opposite walls. The length of any court is its greatest horizontal dimension measured at right angles to its width.
CUL-DE-SAC. (See STREET, CUL-DE-SAC in this section.)
CURB CUT. Lowering the grade level to allow motorized vehicular ingress to and egress from property.
CURB LINE. A line located on either edge of the roadway, but within the right-of-way line.
DAY CARE CENTER. A facility which is used by a person licensed by a department of state or local government to provide for the care and maintenance of children (other than his or her own family and the children of close relatives) during a portion of the day.
DECIBEL. A unit of measurement of the intensity (loudness) of sound. Sound level meters, which are employed to measure the intensity of sound, are calibrated in DECIBELS.
DENSITY. A unit of measurement; the number of dwelling units per acre of land.
DEPTH OF LOT. (See LOT, DEPTH in this section.)
DEPTH OF YARD. (See YARD, DEPTH in this section.)
DEVELOPMENT. The construction of new buildings or other structures on zoning lots, the relocation of existing buildings on another zoning lot or the use of open land for a new use.
DEVELOPMENT REQUIREMENT. A standard, condition or contingency for the development of real property in a Planned Unit Development District that must be met by the owner or developer.
DISTRICT. A section of the Town of Kouts for which uniform regulations governing the use, height, area, size and intensity of use of buildings and land and open spaces about buildings are established herein by this chapter.
DRIVE-IN ESTABLISHMENT. A business establishment so developed that its retail or service character is dependent upon providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure and to provide self- service for patrons.
DRIVE-IN RESTAURANT. A restaurant so developed that its retail or service character is primarily dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle or to permit patrons to eat while in the motor vehicle, as well as within a building or structure, or primarily to provide self-service for patrons and food carry-out.
DRIVEWAY. A private road which provides access to a lot, or use located on such lot, from a public way.
DWELLING. A building or portion thereof designed or used exclusively for residential purposes, including single-family, two-family and multiple- family dwellings, but not including mobile homes or other trailers or lodging rooms in hotels, motels or lodging houses.
DWELLING, ATTACHED. A dwelling joined to two other dwellings by party walls, or vertical cavity walls, and above ground physically unifying horizontal structural elements.
DWELLING, DETACHED. A dwelling which is surrounded on all sides by open space on the same lot.
DWELLING, SEMI-DETACHED. Dwelling joined to one other dwelling in a party wall or vertical cavity wall and aboveground physically unifying horizontal structural elements.
DWELLING TOWN HOUSE OR ROW HOUSE. A dwelling which is part of a row of dwellings which are joined together with a party wall or vertical cavity wall and above-ground physically unifying horizontal structural elements each having front and rear yards and entrances.
DWELLING UNIT. One or more rooms in a residential building or residential portion of a building which are arranged, designed, used or intended for use by one or more persons living together and maintaining a common household and which include all of the requirements pursuant to law for occupancy thereof.
DWELLING UNIT, SINGLE-FAMILY. A building on a lot designed and occupied exclusively as a residence for one family.
DWELLING UNIT, TWO-FAMILY. A building on a lot designed and occupied exclusively as a residence for two families.
DWELLING UNIT, MULTIPLE-FAMILY. A building on a lot designed and used exclusively as a residence for a maximum of four families living independently of one another.
DUMP. Land, or a part thereof, used primarily for the disposal by abandonment, dumping, burial, burning or any other means, and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
DUPLEX. A building designed and used for residential purposes and containing two dwelling units separated by a common party wall or otherwise structurally attached.
EASEMENT. A right in one person or persons to use the land owned by another person for a special purpose by grant or necessary implication.
EDUCATIONAL INSTITUTION. Pre-primary, primary or grade, public, parochial or private school, high school, preparatory school or academy, public or founded or owned or conducted by or under the sponsorship of a religious or charitable organizations; private preparatory school or academy furnishing courses of instructions substantially equivalent to the courses offered by public high schools, preparation of admission to a college or university, public or founded or conducted by or under the sponsorship of a religious or charitable organization; or private when not conducted as a commercial enterprise for the profit of individual owners or stockholders. This definition shall not be deemed to include trade or business school as defined in this section.
ENGINEER. The person duly appointed and designated as the Engineer of the Town of Kouts, Porter County, Indiana.
ENLARGE. To make an enlargement.
ENLARGEMENT. An addition to the floor area of an existing building, an increase in the size of any other structure or an increase in that portion of a tract of land occupied by an existing use.
ENTERTAINMENT. Dancing to music provided either by mechanical means or by live musicians; live performances by musicians and other live presentations by individuals from the performing arts, excluding adult entertainment.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface or overhead gas, electrical, steam, fuel or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals and hydrants in connection herewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety or welfare.
EXCAVATION. Any breaking of ground, except common household gardening and ground care.
EXTENSION. An increase in the amount of existing floor area used for an existing use within an existing building. To EXTEND is to make an extension.
FAMILY. Any number of individuals related by blood or by a group of individuals not related by blood or not by marriage, but not exceeding four in number living together on the premises in a dwelling unit.
FARM. Any tract of land used for the raising of agricultural products, forest products, livestock or poultry, and including facilities for the sale of such products from the premises where produced.
FEEDER STREET. (See STREET, FEEDER in this section.)
FENCE. A structure partially or completely surrounding a part of or the whole of a zoning lot which is intended to prevent intrusion from without and straying from within the area controlled, but not including a hedge or other natural growth.
FILLING STATION. (See AUTOMOBILE SERVICE STATION in this section.)
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land area from the overflow of inland waters.
FLOODWAY. The channel of a river or stream in those portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge the flood water or flood flow of any river or stream.
FLOODWAY FRINGE. That portion of a flood hazard area outside the limits of the floodway, so designated by the Federal Insurance Administration.
FLOOD PLAIN. Land subject in inundation by the maximum flood of reasonable regional expectancy (100 year flood), as determined by the Department of Natural Resources, Division of Water of the State of Indiana. The flood plain includes the channel, floodway and floodway fringe.
FLOOR AREA.
(1) The sum of the gross horizontal areas of the several floors, including also the basement floor of a building, measured from the exterior faces of the exterior walls, or from the center lines of walls separating two buildings. The FLOOR AREA shall also include the horizontal areas on each floor devoted to:
(a) Elevator shafts and stairwells;
(b) Mechanical equipment, except if located on the roof, when either open or enclosed, (for example, bulkheads, water tanks, cooling towers and the like);
(c) Habitable attic space as permitted by the Building Code of the Town of Kouts, Porter County, Indiana;
(d) Interior balconies and mezzanines;
(e) Enclosed porches; and
(f) Accessory uses.
(2) The FLOOR AREA of structures used for bulk storage of materials, such as grain elevators and petroleum tanks, shall also be included in the floor area and such floor area shall be determined on the basis of the height of such structures with one floor for each ten feet of structure height, and if such structure measures less than ten feet but not less than five feet over such floor height intervals, it shall be construed to have an additional floor. The horizontal area in each floor of a building devoted to off-street parking and off-street loading facilities and the horizontal area of a cellar floor shall not be included in the floor area.
FLOOR AREA, NET. The floor area of the specified use, excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms, storage spaces, display windows, fitting rooms and the like in a nonresidential building. The net area is used in calculating parking required.
FOOD PROCESSING. The preparation, storage or processing of food products. Examples of these activities include bakeries, dairies, canneries and the like.
FOOT-CANDLE. A unit of illumination, equivalent to the illumination of all points which are one foot distant from a uniform point source of one candle power.
FOOT-LAMBERT. A unit of brightness, usually of a reflecting surface. A diffusion surface of a uniform brightness reflecting or emitting an equivalent of the light from one candle at one foot distant over one square foot has a brightness of one foot-lambert.
FREE-BURNING. A rate of combustion described by a material which burns actively and easily supports combustion.
FREIGHT TERMINAL. A building or area in which freight brought by motor truck or railroad freight cars is assembled or stored for routing in intra- state or inter-state shipment by motor trucks or railroad freight cars.
FREQUENCY. The number of oscillations per second in a sound wave, measuring the pitch of the resulting sound.
FRONT LOT LINE. (See LOT LINE, FRONT in this section.)
FRONT YARD. (See YARD, FRONT in this section.)
FRONTAGE. The contact of abutting property with a street which affords unobstructed access to the property.
GARAGE, PRIVATE. A building accessory to a single-family or two-family dwelling for a storage of motor vehicles owned and used by the owner, occupant or tenant of the lot on which it is erected.
GARAGE, PUBLIC. A building used for the storage of more than four motor vehicles. Repairing and servicing of vehicles may be carried on in conjunction with the primary function of vehicular storage.
GARAGE SALE. (See SALES, RUMMAGE in this section.)
GARAGE, SERVICE. (See AUTOMOBILE REPAIR STATION and AUTOMOBILE SERVICE STATION in this section.)
GARAGE, STORAGE. (See GARAGE, PUBLIC in this section.)
GASOLINE SERVICE STATION. (See AUTOMOBILE SERVICE STATION in this section.)
GOLF COURSE. An organized area parcel of property containing holes of golf developed in general conformance with professional golf association standards.
GRADE. The average level of the finished surface of ground adjacent to the exterior walls of a building.
GREEN STRIP. A solid planting strip, composed of grass and evergreen shrubs.
GREENBELT. A strip of land of definite width and location reserved for the planting of shrubs and/or trees to serve as an obscuring screen or buffer strip in carrying out the requirements of this chapter.
GROUND FLOOR AREA. The square foot area of a residential building within its largest outside dimensions computed on one horizontal plane above the ground level, exclusive of open porches, breezeways, terraces, garages and exterior stairways.
GROUP HOME. A residential facility licensed by the State of Indiana that provides residential services for not more than four unrelated individuals and such staff, not to exceed two at any one time, as are sufficient to manage the home.
HEIGHT. The vertical distance from the lot ground level to the highest point of a building.
HOME OCCUPATION. Any gainful business, occupation or profession conducted within a dwelling unit by a member of the family residing in the dwelling unit which is incidental and secondary to the use of the dwelling unit for dwelling purposes.
HOSPITAL. A facility in which patients are rendered medical and/or surgical care on an episodal basis with the standard provision of continuous 24 hour acute medical care on an inpatient basis.
HOSPITAL, ANIMAL. (See ANIMAL HOSPITAL in this section.)
HOTEL. A building with a common entrance or entrances in which the dwelling units or rooming units are used primarily for transient occupancy and in which one or more of the following services are offered: maid service, furnishing of linen, telephone, secretarial or desk service and bellboy service. A HOTEL may include a restaurant or cocktail lounge, public banquet halls, ballrooms or meeting rooms.
HOUSE TRAILER. (See MOBILE HOME in this section.)
ILLEGAL USE. Any use, whether of a building or other tract of land, in which a violation of any provision of this chapter has been committed or shall exist.
IMPROVEMENT. (See CONSTRUCTION in this section.)
IMPROVEMENT PERMIT. (See ZONING PERMIT in this section.)
INDUSTRIAL PARK. A unified development designed to accommodate a community of compatible and non-nuisance types of industry.
INDUSTRIAL USE, GENERAL. Manu- facturing, processing, extraction, heavy repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or waste in which operations other than transportation may be performed in either open or closed areas. See also MANU- FACTURING, LIGHT and MANUFACTURING, HEAVY in this Section.)
INDUSTRIAL WASTE OR RECLAMATION FACILITY. Any facility used for the storage, transportation, reclamation or disposal of any waste classified as hazardous or toxic by the United States Environmental Protection Agency in the State of Indiana.
INTENSE BURNING. A rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly.
INTERIOR LOT. (See LOT, INTERIOR in this section.)
JUNK. Any worn-out, cast off or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new shall not be considered junk.
JUNK YARD. Any lot, building, structure, enclosure, premises or parts thereof used for the storage, keeping or abandonment of any worn-out, cast off or discarded or abandoned article, material, vehicle, automobile, machinery or parts thereof which is ready for destruction or has been collected or stored for salvage or conversion to some use, including scrap metal, paper, wood, cordage or other waste or discarded articles, vehicles, automobiles that are inoperable or incapable of movement by their own locomotion or power or vehicles or automobiles without a valid current state registration and license plate issued to said vehicle or automobile and to the occupant, owner, purchaser, lessor, lessee, or tentative any lot, building or structure therein or thereon situated.
KENNEL. Any premise or portion thereof on which three or more dogs, cats or other household domestic animals over one year of age are kept, or on which more than two such animals are maintained, boarded, bred or cared for, in return for remuneration, or are kept for the purpose of sale.
LAMBERT. 1/929 of a foot-lambert, usually used to designate intrinsic brightness of light sources.
LAUNDROMAT. A business that provides coin- operated, self-service type washing, drying, dry- cleaning and ironing facilities, providing that not more than four persons, including owners, are employed on the premises, and that no pick-up or delivery service is maintained.
LEGISLATIVE BODY. (See TOWN COUNCIL in this section.)
LOADING SPACE. An off-street space on the same lot with a building or group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
LOCAL STREET. (See STREET, LOCAL in this section.)
LOT. A lot is a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street or on an improved private street and may consist of a single lot of record or a portion of a lot of record.
LOT AREA. The total horizontal area within the lot lines of the lot.
LOT, BUILDING. That part of a lot which is suitable for building purposes or for use as a yard area. The area of the building lot must meet the minimum lot size requirements listed for each zone or use before a building permit may be issued.
LOT, CORNER. A lot at the junction of two or more streets.
LOT COVERAGE. The percentage of the lot area that is represented by the building area, including accessory buildings.
LOT DEPTH. The distance between the front and rear lot lines measured along the median between the side lot lines.
LOT FRONTAGE. The front of a lot shall be that boundary of a lot along a public street; for a corner lot, the Plan Commission may elect either street as the front lot line.
LOT, INTERIOR. A lot other than a corner lot or a through.
LOT LINE, FRONT. The boundary of a lot which abuts a street. On a corner lot, the lot line having the shortest length abutting a street line shall be the front lot line, unless otherwise determined by the appropriate authority of the town.
LOT LINE, REAR. The lot line that is opposite the front lot line and farthest from it, except that in the case of an irregularly shaped lot, it means the lot line ten feet long, parallel to the front lot line and wholly within the lot that is farthest from the front lot line.
LOT OF RECORD. An area of land designated and dimensioned as a lot on a plat of subdivision, registered or recorded in the office of the County Recorder of Porter County, and which actually exists as so shown.
LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets.
LOT WIDTH. The distance between the side lot lines as measured on the building line.
LOT, ZONING. A tract of land located within a single block, which at the time of filing for a zoning permit, or if no zoning permit is required, at the time of filing for a certificate of occupancy, is designated by its owner or developer as a tract, all of which is to be used, developed or built upon as a unit.
MAINTENANCE AND STORAGE FACILITIES. Land, buildings and structures devoted primarily to the maintenance and storage of equipment and material.
MANUFACTURED HOUSING. Any housing unit or units, factory assembled in whole or in part, designed to be transported to a construction site, and intended primarily for permanent occupancy as a residence.
MANUFACTURING. Any use in which the major activity is the treatment, processing, rebuilding or repairing or bulk storage of material, products or items and where the finished product is not acquired by the ultimate user on the premises; as distinguished from a retail use, where the treatment, processing, repairing or storage is secondary to the sale, exchange or repairing of materials or products on the premises.
MANUFACTURING, HEAVY. Manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character and require large sites, open storage and service areas, extensive services and facilities, with ready access to regional transportation. Such operations 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 and relatively clean, quiet and free of objectionable or hazardous elements, such as smoke, noise, odor or dust, with operating and storing within the enclosed structures and which generates little industrial traffic or nuisances.
MASTER PLAN. The Comprehensive Land Use Plan, including graphic and written proposals, indicating the general location for streets, parks, schools, public buildings and all physical development of the Town of Kouts, Porter County, Indiana, and includes any unit or part of such plan, and any amendment to such plan or parts thereof. Such plan may or may not be recommended by the Plan Commission and/or adopted by the Town Council.
MICRON. A unit of length, equal to one- thousandth part of one millimeter.
MOBILE HOME. Any vehicle, including the equipment sold as a part of a vehicle, which is so constructed as to permit its being used as a conveyance upon public streets or highways by either self-propelled or not self-propelled means, which is designed, constructed or reconstructed, or added to by means of an enclosed addition or room in such manner as will permit the occupancy thereof, as a dwelling for one or more persons, which is both used and occupied as a dwelling having no foundation other than wheels, jacks, skirting or other temporary supports.
MODERATE BURNING. A rate of combustion described by a material which supports combustion and is consumed slowly as it burns.
MODULAR HOME. (See MANUFACTURED HOUSING in this section.)
MOTEL. A building, or group of buildings, whether attached or in connected units, used as individual lodging units designed primarily for transient automobile travelers and providing for adjacent accessory off-street parking facilities for each unit. No kitchen or cooking facilities shall be included in the units.
MOTOR FREIGHT TERMINAL. A building or area in which freight brought by motor truck is assembled or stored for routing in intra-state or inter- state shipment by motor truck.
MOTOR VEHICLE SALES LOT. Any premises where ten or more motor vehicles are offered for sale or sold at any given time during any calendar year.
MOTOR VEHICLE WRECKING YARD. Any place where two or more motor vehicles not in running condition or otherwise legally operable on public ways, or parts thereof, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, including farm machinery stored in the open, and not being restored to operating condition.
MUNICIPALITY. The Town of Kouts, Porter County, Indiana.
NONCONFORMING. A lawful building, use or lot, which by reason of design, size or use does not conform with the requirement of the zoning district or districts, in which it is located, as designated by this Zoning Code.
NONCONFORMING BUILDING. A building, or portion thereof, lawfully existing at the effective date of this chapter, or amendments thereto, that does not conform to the provisions of this Zoning Code for the district in which it is located.
NONCONFORMING LOT. A lot of record lawfully existing at the effective date of this chapter, or amendments thereto, that does not conform to the lot area or lot width regulations of this Zoning Code.
NONCONFORMING USE. A use which lawfully occupied a building or lot, at the effective date of this Zoning Code, or amendments thereto, that does not conform to the use regulations of the district or districts in which it is located, as designated by this chapter.
NOXIOUS MATTER OR MATERIAL. A material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects on the physical or economic well-being of individuals.
NURSERY, CHILD-CARE OR SCHOOL. An establishment for the part-time care of five or more children of pre-elementary school age in addition to the members of the family residing therein.
NURSERY, NURSING HOME. A home or facility for the care and treatment of individuals.
NURSERY, PLANT MATERIALS. Land, buildings, structures or a combination thereof for the storage, cultivation, transplanting of live trees, shrubs or plants offered for retail sale on the premises, including products used for gardening and landscaping.
OCTAVE BAND. A method of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.
OFF-STREET PARKING. (See PARKING, OFF-STREET in this section.)
OFF-STREET PARKING AREAS. (See PARKING, OFF-STREET PARKING AREAS in this section.)
OFF-STREET PARKING LOT. (See PARKING, OFF-STREET LOT within this section.)
ONE HUNDRED YEAR FLOOD. The highest level of flood that on the average is likely to occur once every 100 years (for example, that has a 1% chance of occurring each year).
OPEN SALES LOT. Land used or occupied for the purpose of buying, selling or renting merchandise stored or displayed out-of-doors prior to sale.
OPEN SPACE. A public or private outdoor area expressly set aside for the use and benefit of many unrelated people. The area may include, along with natural environmental features, water areas, swimming pools, tennis courts and other recreational facilities deemed permissive. Streets, parking areas, structures of habitation and the like shall not be included in open space area calculations.
OUTDOOR RECREATION. Uses as approved by the Plan Commission and/or Board of Zoning Appeals of the Town of Kouts, Porter County, Indiana, and accessory uses, buildings and structures, such as off-street parking and loading facilities, administration, maintenance and clubhouse buildings.
PARKING AREA. An open off-street land area, including parking spaces and access and egress drives or aisles used or required by this Zoning Code for the parking of automotive passenger vehicles of the occupants, patrons, employees, visitors of specified types of buildings or land uses, which is accessible from streets, alleys or private driveways leading to a street and in which automotive accessories, fuels and oils are not sold, automotive vehicles are not equipped, repaired, hired or sold and on which no other business is conducted.
PARKING AREA, PUBLIC. An open area, other than a street, used for the temporary parking of four or more automobiles, and available for public use, whether free, for compensation or as an accommodation for clients or customers.
PARKING, OFF-STREET. A parcel of land with a durable surfaced area, enclosed in a main building or an accessory building, or unenclosed, sufficient in size to store at least one standard automobile. Such open, unoccupied space shall be other than a street or alley, and the principal use of such parcel of the land, durably surfaced, enclosed or unenclosed, shall be for the purpose of parking vehicles off the thoroughfares, within the corporate limits of the town.
PARKING, OFF-STREET PARKING AREAS. Permanent, all-weather surfaced areas of land containing vehicular parking spaces along with adequate drives and aisles for maneuvering and including access drives to and from streets or alleys.
PARKING, OFF-STREET PARKING LOT. A facility providing vehicular parking spaces along with adequate drives and aisles for maneuvering, so as to provide access for entrance and exit for the parking of more than three vehicles.
PARKING SPACE. An off-street area not less than nine feet wide and 20 feet long, exclusive of access or maneuvering area, ramps or columns, to be used exclusively for a temporary storage space for one private motor vehicle. Truck loading and unloading space shall not be included in such area.
PARTICULATE MATTER. Finely divided solid or liquid matter, other than water, which is released into the atmosphere.
PARTY WALL. A wall starting from the foundation and extending continuously through all stories to or above the roof which separates one building from another and is in joint use by each building.
PERFORMANCE BOND, SURETY BOND. An agreement by a subdivider or developer of the town for the amount of the estimated construction cost guarantying the completion of physical improvements according to the plans and specifications, within the time prescribed by the agreement.
PERFORMANCE STANDARD. A criteria established to control smoke and particulate matter, noise, odor, toxic or noxious matter, vibration, fire and explosion hazards, glare or heat or radiation hazards generated by or inherent in the uses of land or buildings.
PERMIT, ZONING. Written authorization allowing construction on or use of a parcel of property in conformance with the provisions of this Zoning Code and all other ordinances of the Town of Kouts.
PERMITTED USE. (See USE, PERMITTED in this section).
PERSON. Any individual, corporation, firm, partnership, association, organization or any other group which acts as a unit.
PERSONAL SERVICES. Any enterprise conducted for gain which primarily offers service to the general public, such as shoe repair, watch repair, barber shops, beauty parlors and similar activities.
PLANNED DEVELOPMENT. A parcel or tract of land, initially under single ownership or control, which contains two or more principal buildings and one or more principal uses, planned and constructed as a unified development, and where certain regulations of this chapter for the district where it is located are modified.
PLANNED UNIT DEVELOPMENT. The development of an area of land as a single entity for a number of uses, according to a plan which does not correspond in lot size, bulk or type of building, density, lot coverage or required open space to the regulations otherwise required by this Zoning Code.
PLANNED UNIT DEVELOPMENT DISTRICT. A zoning district for which a Planned Unit Development Site Specific Zoning Ordinance must be adopted under this chapter.
PLANNED UNIT DEVELOPMENT SITE SPECIFIC ZONING ORDINANCE (PUD SSZO). This term shall have the same meaning as PUD DISTRICT ORDINANCE, as that term is defined in I.C. 36-7-4-1503.
PLANNING COMMISSION. (See COMMISSION in this section.)
PLAT. A map or chart that shows a division of land and is intended to be filed for record.
PRINCIPAL BUILDING. (See BUILDING, PRINCIPAL in this section.)
PRINCIPAL USE. (See USE, PRINCIPAL in this section.)
PRIVATE SCHOOL. (See SCHOOL, PRIVATE in this section.)
PROPERTY LINE. The line between any lot and contiguous lots.
PROFESSIONAL ACTIVITIES. The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, engineers and similar professions.
PROFESSIONAL OFFICE. Any non-residential building or portion of a non-residential building used or intended to be used as an office for lawyers, architects, engineers, land surveyors, optometrists, physicians, dentists, accountants and other similarly licensed professions.
PROHIBITED USE. (See USE, PROHIBITED in this section).
PUBLIC SERVICE FACILITY. The erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communications, water and sewerage services.
PUBLIC STREET. (See STREET, PUBLIC in this section.)
PUBLIC USES. (See USE, PUBLIC in this section.)
PUBLIC UTILITY. A person, firm or corporation, municipal department, board or commission duly authorized to furnish and furnishing under federal, state or municipal regulations to the public, gas, steam, electricity, sewage disposal, communication, transportation or water.
REAR LOT LINE. (See LOT LINE, REAR in this section.)
REAR YARD. (See YARD, REAR in this section.)
RECREATIONAL VEHICLE (RV). A vehicle primarily designed as a temporary living quarters for recreation, camping or travel, either with their own motor power or mounted on or towed by another powered vehicle.
RESEARCH ACTIVITIES. Research, development and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation and engineering. All research, testing and development shall be carried on within entirely enclosed buildings, and no noise, smoke, glare, vibration or odor shall be detected outside of said building.
RESEARCH LABORATORY. A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products.
RESERVOIR STANDING SPACES. Those off- street parking spaces allocated for temporary standing of automobiles awaiting entrance to a particular establishment.
RESIDENTIAL DISTRICTS. Refers to R-1, R-2 and R-3 Zoning Districts.
RESTAURANT. A lot upon which food or beverages are cooked or prepared and offered for sale and where consumption is permitted on the premises, whether or not entertainment is offered, and includes establishments commonly known as bars, grills, cafes, taverns, night clubs, dinner theaters, drive-ins and any fast food establishment permitting consumption on the premises.
RESTAURANT, DRIVE-IN. Any restaurant so developed that its retail or service character is primarily dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle or to permit patrons to eat while in the motor vehicle, as well as within a building or structure, or primarily to provide self-service for patrons and food carry-out.
RIGHT-OF-WAY. An easement in the land of property owners, obtained by lawful means, for public use, such as a public street.
RIGHT-OF-WAY LINE. The dividing line between a lot and a public street, legally open or officially platted by the town, county or state or over which the owners or tenants of two lots held in a single or separate ownership have the way.
RINGELMANN CHART. The Chart described in the U.S. Bureau of Mines Information Circular 8333, on which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke-smoke density.
ROAD, FRONTAGE. Being a local street or road auxiliary to and located on the side of an arterial highway for service to abutting property and adjacent areas and for control of access.
ROAD, SERVICE. Being a local street or road auxiliary to and located on the side of an arterial highway for service to specific property and adjacent areas and for control of access.
ROADSIDE STAND. A permitted temporary structure designed or used for the display or sale of agricultural and related products or novelties and other items of interest to the motoring public.
ROOMING HOUSE. See BOARDING OR ROOMING HOUSE in this section.)
SALES, RUMMAGE; PRIVATE. Temporary sales of used clothing and/or household items conducted only by the immediate members of one or two families in a residence, private garage, porch or rear.
SALES, RUMMAGE; PUBLIC. Temporary sales, conducted by a non-profit organization such as a church or club, where the members of the group bring articles or items to a central building to be sold to raise money for use by the organization.
SANITARY LANDFILL. A method of disposing of refuse or garbage by spreading and covering such refuse or garbage with earth.
SCHOOL. An elementary school, middle school, high school, college or university.
SCHOOL, PRIVATE. An institution not wholly financed with tax funds, conducting regular academic instruction.
SCHOOL, PUBLIC. An institution wholly financed with tax funds, conducting regular academic instruction.
SCREENING. A hedge, fence or wall, or any combination thereof, used to reduce visual and audible effects of adjoining uses.
SECONDARY STREET. (See STREET, SECONDARY in this section.)
SETBACK. The distance, as measured from the foundation of a structure, required to obtain the minimum front, side or rear yard open space provisions of this chapter.
SETBACK LINE. A line established by the Zoning Code, generally parallel with and measured from the lot line (property line) defining the limits of a yard in which no buildings, other than accessory buildings or structures, may be located above ground, except as may be provided in this Zoning Code.
SHOPPING CENTER. A group of commercial establishments planned and developed, owned or managed as a unit, with off-street parking and loading provided on the premises and related in its location, size and type of stores to the trade area which it serves.
SHOPPING CENTER, COMMUNITY. A moderate scale shopping center designed to provide general merchandising of a limited nature, such as junior department stores, variety stores and home furnishings in a community trade area.
SHOPPING CENTER, NEIGHBORHOOD. A small scale shopping center designed for the sale of convenience goods and personal services in a neighborhood trade area.
SHOPPING CENTER, REGIONAL. A large scale shopping center designed to provide general merchandising and opportunities to the consumer for comparison shopping in a regional trade area.
SIDE YARD. (See YARD, SIDE in this section.)
SIDEWALK. That portion of the road right-of- way outside the street, which is improved for the use of pedestrian traffic.
SIGN. Any outdoor display, device, notice, bulletin, figure, painting, drawing, message, placard, poster, billboard, advertisement, announcement, direction or communication or any other thing which is designated, intended or used to advertise or inform.
SIGN, OFF-PREMISES. Signs advertising or identifying any activities, products or businesses which are not conducted or maintained on the property on which the signs are located.
SIGN, ON-PREMISES. Signs advertising or identifying any activities, products or businesses which are conducted or maintained on the property on which the signs are located.
SIGN, PERMANENT. Signs which are securely affixed to a building or permanently anchored pylons, as approved by the town.
SIGNS, DIRECTIONAL AND OFFICIAL. Signs which are posted by any governmental agency of the United States, the State of Indiana or any of its political subdivisions and which regulate the flow of traffic, give information or directions or contain legal notices.
SIGNS, PORTABLE. Signs which are of temporary nature and are not permanently affixed to the ground or other permanent structure.
SIGNS, SPECIAL EVENTS. Signs which advertise an event sponsored by a civic club, church, government or non-profit organization.
SIGNS, SQUARE FOOTAGE OF. Size of signs shall be computed by determining the area of all facets on rectangular signs or all non-rectangular, irregular or three-dimensional signs, square footage shall be determined on the basis of the smallest rectangle which would enclose all letters, figures or symbols composing the sign structure.
SIGNS, TEMPORARY. Signs which do not fall within the definitions of permanent signs, portable signs or special events signs and which do not exceed nine square feet, are located on premises advertising the sale or rental at the premises or advertising a garage, auction or moving sale.
SIGNS, VISUAL TRIANGLE OF. Area which is determined by projecting a 20-foot setback from two intersecting right-of-way lines, existing or proposed, on the right-of-way line and connecting these projected points by a straight line.
SLOW BURNING OR INCOMBUSTIBLE. Materials which do not in themselves constitute an active fuel for the spread of combustion. A material which will not ignite, nor actively support combustion during exposure for five minutes to a temperature of 1200°F shall be designated incombustible.
SMOKE. The visible discharge from a chimney stack, vent, exhaust or combustion process which is made up of particulate matter.
SMOKE UNIT. The number obtained when the smoke density in the Ringelmann number is multiplied by the time of emission in minutes. For the purpose of this calculation a Ringelmann density reading shall be made at least once a minute during the period of observation, and each reading is then multiplied by the time and minutes during which it is observed, and the various products are then added together to give the total number of smoke units observed during the entire observation period.
SOUND LEVEL. The intensity of sound of an operation or use as measured in decibels.
SOUND LEVEL METER. An instrument standardized by the American Standards Association for the Measurement of the Intensity of Sound.
SPECIAL EXCEPTION. A use allowable only pursuant to the terms of this chapter and where specific conditions are required to be met in the zoning district or districts in which such special exception is sought. A SPECIAL EXCEPTION is granted only by approval of the Board of Zoning Appeals.
STATE. The State of Indiana.
STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it. The floor of a story may have split levels, provided that there are not more than four feet difference in elevation between the different levels of the floor.
STREET. A public way for purposes of vehicular traffic, including the entire area within the right-of- way. The term STREET also includes the terms highway, parkway, road, roadway, thoroughfare, avenue, boulevard lane, court, place and other such terms.
STREET ACCESS, LIMITED ACCESS. A street or road to which abutting properties are denied access.
STREET, ALLEY. A street intended to provide access to the rear or side of lots or to buildings in urban areas and not intended for the purpose of through vehicular traffic.
STREET ARTERIAL. A system of streets and roads which form an integrated network of continuous routes primarily for through traffic. The arterial system is stratified into principal and minor categories.
STREET, COLLECTOR. A system of streets and roads which serve travel of primarily intra-area and intra-county importance with approximately equal emphasis to traffic circulation and land access service. The collector system is generally further stratified into major and minor categories. The system collects and distributes traffic between the arterial and local systems.
STREET, CUL-DE-SAC. A local street open at one end only and with a special provision for vehicles turning around.
STREET, DEAD-END. A local street open at one end only and without a special provision for vehicles turning around.
STREET, FEEDER. A local street which facilitates the collection of traffic from local streets and which provides circulation within neighborhood areas.
STREET, FRONTAGE. A local street or road auxiliary to and located on the side of an arterial for service to abutting property and adjacent areas and for control of access.
STREET, HIGHWAY. A term applied to streets and roads that are under the jurisdiction of the Indiana State Highway Commission.
STREET, LOCAL. A system of streets and roads which primarily provides land access service and access to higher order systems.
STREET, LOOP. A local street with both terminal points on the same street of origin.
STREET, MINOR ARTERIAL. A system of streets and roads which link other cities, large towns and traffic generators and provides a substantial amount of interstate and intracounty service in rural areas or interconnects and augments with the principal arterials to provide service to trips of moderate length for intracommunity continuity in urban areas.
STREET, PARTIAL. A dedicated right-of-way providing only a portion of the required street width, usually along the edge of a subdivision or tract of land.
STREET, PERIMETER. Any existing street to which the parcel of land to be subdivided abuts on only one side.
STREET, PRINCIPAL ARTERIAL. A system of streets and roads which serve corridor traffic movements having trip length and travel density characteristics indicative of substantial state-wide or interstate travel, connect major population centers in rural areas or serve major centers of activity and the highest traffic volume corridors with the longest trip desires in urban areas.
STREET, PRIVATE. A local street that is not accepted for public use or maintenance which provides vehicular and pedestrian access.
STREET, PUBLIC. A street under the control of and kept by the public, established by regular governmental proceedings for the purpose or dedicated by the owner of the land and accepted by the proper authorities and for the maintenance of which they are responsible.
STREET, SECONDARY. Street designed to facilitate the collection of traffic from feeder streets and usually located on neighborhood boundaries.
STRUCTURE. Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground.
SUBDIVISION. The division of a parcel of land into lots, parcels, tracts, units or interests in the manner defined and prescribed by the Town Subdivision Control Ordinance.
SUPPLY YARD. A commercial establishment storing and offering for sale building supplies, steel, coal, heavy equipment, feed and grain and similar goods.
SWIMMING POOL. An outdoor structure designed as a receptacle for water, or an artificial pool of water, having a depth at any point of more than two feet, intended for the purpose of immersion or partial immersion therein of human beings and including all appurtenant equipment, whether such structure is built “in-ground,” “above-ground” or a combination thereof.
TAVERN. A public establishment where food is sold and served, but where the principal business is the selling and serving of alcoholic beverages for consumption on the premises.
THOROUGHFARE. A public way or public place that is included in the thoroughfare plan of the town, including the entire right-of-way for public use of the thoroughfare and all surface and subsurface improvements on it, such as sidewalks, curbs, shoulders and utility lines and mains.
TOWN COUNCIL. The legislative body of the Town of Kouts, Porter County, Indiana.
TOWN. The Town of Kouts, Porter County, Indiana.
TOWN BOARD. (See TOWN COUNCIL in this section.)
TOXIC MATTER OR MATERIAL. Those materials which are capable of causing injury to living organisms.
TRADE OR BUSINESS SCHOOL. A secretarial school or college or a business school or college which is not public and not owned or conducted under the sponsorship of a religious or charitable organization or a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering or hair dressing or for teaching industrial skills in which machinery may be employed as a means of instruction. This definition shall not be deemed to include private schools and public schools as defined in this section.
TRAILER. Any vehicle or portable structure constructed so as to permit temporary occupancy thereof for use as an accessory building or structure in the conduct of business, trade or occupation.
TRUCK TERMINAL. Any place where trucks are stored and/or dispatched.
USE. The specific purposes for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained.
USE, ACCESSORY. A use which is incidental to the dominant use of the premises.
USE, LAWFUL. The use of any building, structure or land that conforms with all of the regulations of this Zoning Code or any amendment hereto and which conforms with all of the codes, ordinances and all other legal requirements as existing at the time of the enactment of this Zoning Code, or any amendment thereto, for the structure of the land that is being examined.
USE, NONCONFORMING. (See NONCON- FORMING USE in this section.)
USE, PERMITTED. Any use which is or may be lawfully established in a particular zoning district or districts, provided it conforms with all requirements, regulations, and when applicable, performance standards of this Zoning Code for the zoning district in which such use is located.
USE, PRINCIPAL. The primary use to which the premises are devoted and the main purpose for which the premises exist.
USE, PROHIBITED. Any use marked as nonapplicable in a particular zoning district or districts.
USE, PUBLIC. Public parks, schools, administrative and cultural buildings and structures and similar uses, as permitted by this Zoning Code.
USE, SPECIAL. A use which, because of its unique characteristics, cannot be properly classified as a permitted use in any particular zoning district or districts.
VARIANCE. A deviation from the strict and specific requirements of this Zoning Code and is granted only by approval of the Board of Zoning Appeals.
VETERINARY ANIMAL HOSPITAL OR CLINIC. (See ANIMAL HOSPITAL in this section.)
VIBRATION. The periodic displacement, measured in inches, of earth at designated frequency cycles per second.
VISUAL TRIANGLE OR VISION CLEARANCE. An open triangular space at the street corner of a corner lot, or the intersection of a street and an alley, defined by a line connecting two points established on the street: lines by measurement from the corner, between which line and the intersecting street lines or intersecting street and alley lines, no structures, shrubbery or other obstacles to vision may be placed temporarily or permanently.
YARD. The area around the inner periphery of each lot in which no building or structure shall be erected. The size of each area is determined by the distance from the property lines and right-of-way lines set forth in the various zoning districts to the main building on the lot, exclusive of steps, overhanging eves, gutters or cornices.
YARD, DEPTH. The mean horizontal distance between the building line and the lot line.
YARD, FRONT. A yard extending across the full width of the lot unoccupied other than by steps, walks, terraces, driveways, lamp posts and other similar structures, the depth of which is the least distance between the front lot line and the front line of the building.
YARD, REAR. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building.
YARD, SIDE. The minimum required open space extending the full depth of the lot and extending from the side lot line to the nearest point of the main building line.
ZONE. An area within which certain uses of land and buildings are permitted and within which others are prohibited, yards and other green spaces are required, lot areas, building budget limits and other requirements are established, all of the foregoing being identical for the zone in which they apply.
ZONING. The division of an area into districts and the public regulation of the character and intensity of the use of the land and of the buildings and structures which may be located thereon in accordance with a comprehensive plan.
ZONING ADMINISTRATOR. The designated administrator and enforcement official of the Zoning Ordinance of the Town of Kouts.
ZONING DISTRICTS. The districts into which the Town of Kouts, Porter County, Indiana, has been divided for zoning regulations and requirements as set forth on the Official Zoning Map.
ZONING LOT. (See LOT, ZONING in this section.)
ZONING MAP. The official map showing the location and boundaries established by this chapter. The Zoning Map, together with all the explanatory matter thereon and all amendments thereto, is adopted by reference, and is a part of this Zoning Code.
ZONING PERMIT. A document issued by the properly designated official of the Town of Kouts, Porter County, Indiana, authorizing the use of lots, structures, uses of land and buildings and the characteristics of the uses.
(Ord. 1995-12, passed 7-6-95; Am. Ord. 1996-18, passed 11-18-96)
Statutory reference:
For provisions concerning the definition of planned unit development, see I.C. 36-7-4-1503