§ 150.05 DEFINITIONS.

   For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCESSORY BUILDING OR USE.  A subordinate building located on the same lot with the main building, or a subordinate use of land, either of which is incidental to the main building or to the principal use of the land.  An ACCESSORY BUILDING OR USE includes, but is not limited to:

      (1)   A children’s playhouse, garden house, or private greenhouse;

      (2)   A garage, shed, or building for domestic storage;

      (3)   Incinerators incidental to residential use;

      (4)   Storage of merchandise normally carried in stock on the same lot with any retail, service, or business use, unless that storage is prohibited by district regulations;

      (5)   Storage of goods used in, or produced by, manufacturing activities on the same lot or parcel of ground with those activities, unless that storage is prohibited by district regulations;

      (6)   A non-paying guest house or rooms for guests within an ACCESSORY BUILDING, if those facilities are used for the occasional housing of guests of occupants of the principal building and not for permanent occupancy by others as housekeeping units;

      (7)   Servants’ quarters, if part of an accessory garage and solely for occupancy by a servant or household employee of the occupants of the principal dwelling and the family of that servant or employee;

      (8)   Off-street motor vehicle parking area and loading and unloading facilities;

      (9)   Signs, other than advertising signs, as permitted and regulated in each district incorporated in this title;

      (10)   Carports;

      (11)   Boat house, if not more than ten feet high as measured from the normal water level;

      (12)   Swimming pools, if private and being incidental to use by the owner and guests; and

      (13)   Public utility communication, electric, gas, water, and sewer lines, their supports, and incidental equipment.

   ACCESSORY EQUIPMENT BUILDING.  A structure used to house equipment for the operation, maintenance, or repair of a wireless communications tower, including electronic receiving and relay equipment.

   ACCESSORY LIVING QUARTERS.  Living quarters within an accessory building for the sole use of persons employed on the premises, such as quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling.

   ACREAGE.  Any tract or parcel of land which has not been subdivided and platted.

   ADD-A-ROOM UNIT.  A unit of manufactured housing, not designed as a part of the original structure, which may have less occupied space than a manufactured housing section.

   ADJACENT PROPERTY OWNERS, OWNER,  or INTERESTED PARTY.  The owners of record, according to the real estate master file as maintained by the Auditor of the county, at the time of the filing of the application or petition involved, of each lot or parcel of real estate located within the jurisdiction of the Board, abutting the tract of real estate which is the subject of the application, petition, or matter upon which a public hearing is to be held before the Board, Plan Commission, or Board of Zoning Appeals.  Adjacent real estate in this definition shall also include properties which are separated by a public right-of- way, stream, river, or railroad.

   ADULT BOOK STORE, ENTERTAINMENT CENTER, and/or HEALTH SPA.  A retail business which sells a variety of items for entertainment expressly for and to adults aged 18 years and older.  Items for sale could include books, magazines, pictures, novelties, movies, and videos.  All items intended to appeal to or arouse a person’s sexual interest.

   ADVERTISING DEVICE.  An advertising sign, billboard, or poster panel which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where the sign is located or to which it is affixed.  However, this does not include those advertising signs, billboards, or poster panels which direct attention to the business on the premises or to a brand name of a product or commodity with which the business is specifically identified and which is sold on the premises.

   AGRICULTURAL BUILDING.  A structure utilized for the dwelling or private garage.

   AGRICULTURAL LAND USE.  The use of land for the production of animal or plant life, including forestry, pasturing or yarding livestock, and planting, growing, cultivating, and harvesting crops for human or livestock consumption.

   AGRICULTURE.  The use of land for agricultural purposes with the intent of selling any products produced by this type of activities.  AGRICULTURAL USES include farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the products; provided, however, that:

      (1)   The operation of any accessory uses shall be secondary to that of the normal agricultural activities;

      (2)   The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within 500 feet of any residential district; and

      (3)   The agricultural use does not include the operation or maintenance of a commercial stockyard or feedlot (confined feeding operation).

   ALLEY.  A public right-of-way, other than a street, road, crosswalk, or easement, and usually less than 30 feet wide, which normally affords a secondary means of access for the special accommodation of the abutting property.

   ALTERATION.  Any change, addition, or modification in construction, or any change in the structural members of a building, such as load bearing walls, columns, beams, or girders.

   ANCHORING SYSTEM.  An approved system of straps, cables, turnbuckles, chains, ties, or other approved materials used to secure a manufactured or mobile home.

   ANIMAL HOSPITAL.  A building, lot structure, or enclosure, or portion thereof, designed or used for the care, observation, or treatment of three or more dogs, cats, and other domestic animals.  An ANIMAL HOSPITAL is operated by, or the treatment therein is under the direct supervision of, a veterinarian licensed to practice by the state.

   ANSI/NFPA 501: A STANDARD FOR INSTALLATION OF (MANUFACTURED) MOBILE HOMES.  Model national standards (including all authorized successor documents) for installation of manufactured and mobile homes, as adopted and copyrighted by the National Fire Protection Association and the Manufactured Housing Institute.

   APARTMENT.  One or more rooms, including sleeping, living, lavatory, and principal kitchen facilities, designed as a unit for occupancy by only one family, of which two or more units exist in a building.  An APARTMENT would not include a single-family residence unless the residence is divided into two separate residential units.

   APPLICANT.  The owner of land, or his or her representative, which is proposed to be subdivided or rezoned or for which a variance is sought.

   APPROVED.  Acceptable to the appropriate authority having jurisdiction, by reason of investigation, accepted principles, or tests by nationally recognized organizations.

   ARCADE.  A commercial recreation business, usually conducted indoors, which provides mechanical and/or electronic games for entertainment.

   AUTOMOBILE LAUNDRY or CAR WASH.  A commercial building, or portion thereof, containing facilities for washing vehicles or other items using production line methods, or other mechanical devices including the use of steam cleaning or high pressure equipment.

   AUTOMOBILE REPAIR. 

      (1)   MAJOR.  Engine rebuilding or major reconditioning; trailers; collision service; body, frame, or fender straightening or repair; and overall painting of vehicles.

      (2)   MINOR.  Incidental repairs, replacement of parts, and motor service to motor vehicles, but not including any operation included above under AUTOMOBILE REPAIR, MAJOR.

   AUTOMOBILE SERVICE STATION.  A building, or portion thereof, or premises used for dispensing or offering for sale at retail, gasoline when stored only in underground tanks, kerosene, lubrication oil, or grease, for operation of automobiles, and where tires, batteries, and similar automobile accessories may be offered for sale on the premises at retail, including minor services and installation customarily incidental thereto, and facilities other than an automobile laundry, for washing cars, only if enclosed in a building.  AUTOMOBILE SERVICE STATIONS do not include OPEN SALES LOTS as defined herein.

   AUTOMOBILE WRECKING YARD.  See JUNK YARD.

   AWNING.  A roof-like structure which projects from the wall of a building.

   BASEMENT or CELLAR.  A story partly or wholly underground, but having more than one-half of its clear height below finished grade.  If more than one-half its clear height is above grade, it shall be considered a story for the purposes of height measurement.

   BED AND BREAKFAST, LODGING HOUSE, or TOURIST HOME.  A residential building, or portion thereof, (other than a hotel, apartment hotel, or motel) containing lodging rooms for accommodation of five or more persons who are not members of the keeper’s family and where lodging and/or meals are provided by pre-arrangement, for definite periods of time and for compensation.

   BLOCK.  A tract of land bounded by streets or by a street or streets and any combination of boundary lines or public or institutionally owned lands, railroad rights-of-way, rivers and lakes, and other lines of demarcation.

   BOARDING HOUSE.  A building, not available to transients, in which meals and lodging are regularly provided for compensation for at least three but not more than 30 persons.

   BOND.  Any form of security, including a cash deposit, surety bond, collateral, property, or instrument of credit, in an amount and form satisfactory to the Commission.  All bonds shall be approved by the Commission whenever a bond is required by these regulations.

   BUFFER.  A landscaped or naturally vegetated area established or managed to provide separation between adjacent land uses.

   BUILDING.  A structure built for the support, enclosure, shelter, or protection of persons, animals, or chattels, or affixed to the land.

      (1)   BUILDING, DETACHED.  A building, surrounded by open space on the same lot with no structural attachment to another structure.

      (2)   BUILDING, PRINCIPAL.  The main or dominant building in which is conducted the principal use of the lot on which the building is located.

      (3)   BUILDING, RESIDENTIAL.  A building which is arranged, designed, used, or intended to be used for residential occupancy by one or more families or lodgers and which includes, but is not limited to, the following types:

         (a)   Single-family detached dwellings;

         (b)   Two-family dwellings;

         (c)   Single-family or two-family attached and semi-detached dwellings developed initially under single ownership or unified control; and

         (d)   Multiple-family dwellings.

      (4)   BUILDING, SEMI-DETACHED.  A building having one party wall in common with an adjacent building.

   BUILDING HEIGHT.  The vertical distance from the curb level to the highest point of the undersides of the ceiling beams in the case of a flat roof, to the deck line of a mansard roof, and to the mean level of the underside of the rafters between the eaves and the ridge of a gable, hip, or gambrel roof.  Chimneys, spires, towers, elevator penthouses, tanks, and similar projections other than signs shall not be included in calculating the height.

   BUILDING LINE.  A line across a lot behind which any building or structure, including eaves, porches, or steps, must be constructed to allow for minimum setbacks.

   BUILDING PERMIT.  An official document or certification issued by the building official authorizing performance of a specified activity that complies with all provisions of this title and the county Building Code.

   BULK.  The cubic content of a building in relation to the area of the building site.

   BUS LOT.  Any lot or land area used for the storage or layover of passenger buses or motor coaches or the loading or unloading of passengers from these vehicles.

   BUSINESS.  An occupation, employment, or enterprise which occupies time, attention, labor, and materials, or wherein merchandise is exhibited or sold, or where services are offered.

   BUSINESS ESTABLISHMENT.  A place of business carrying on operations, the ownership and management of which are separate and distinct from those of any other place of business located on the same lot.  Direct access to each BUSINESS ESTABLISHMENT shall be separate and distinct from access to any other BUSINESS ESTABLISHMENT, and in no case shall there be access to one establishment from within another establishment. 

   CARPORT.  An open-sided roofed automobile shelter, formed by the extension of a roof from the side of a building.

   CEMETERY.  Land used or intended to be used for the burial of human or animal dead and dedicated for CEMETERY purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of a CEMETERY for which perpetual care and maintenance is provided.

   CERTIFICATE OF COMPLIANCE.  A document issued by the proper authority that the plans for a proposed use meet all applicable codes and regulations.

   CERTIFICATE OF OCCUPANCY.  A certificate stating that the occupancy and the use of land or a building or structure referred to therein complies with the provisions of this title, and any other ordinance adopted by the county relating to a building code.

   CHURCH.  A building used for public worship where regular organized services are held.

   CLINIC, MEDICAL OR DENTAL.  A building, or portion thereof, the principal use of which is for medical or dental study and/or treatment and in which the services of at least two professionals in the medical or dental fields of practice are provided.

   CLUB OR LODGE, PRIVATE.  A private association of persons who are bonafide members paying annual dues, which owns, hires, or leases a building, or portion thereof, the use of the premises being restricted to members and their guests. 

      (1)   The affairs and management of a PRIVATE CLUB OR LODGE are conducted by a board of directors, executive committee, or similar body chosen by the members. 

      (2)   It shall be permissible to serve food on the premises. 

      (3)   The sale of alcoholic beverages to members and their guests shall be permitted provided it is secondary and incidental to the promotion of some other common objective of the organization.

   CLUSTER SUBDIVISION.  A form of development that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision or increase in the overall density of development, and the remaining land area is devoted to open space, active recreation, preservation of environmentally sensitive areas, or agriculture.

   CO-LOCATION.  The use of a wireless telecommunications facility by more than one wireless communications provider.

   COMMISSION’S SEAL.  The official seal of the Plan Commission.

   COMMISSIONER.  The county Building Commissioner.

   COMMITMENTS.  Restrictions and guidelines placed upon a property’s use or development.  COMMITMENTS shall be recorded in the office of the County Recorder and take effect upon adoption of an amendment to Chapter 157 of this code of ordinances or upon granting approval for a special exception, contingent use, or variance from the terms of Chapter 157.

   COMMON TIE OF OWNERSHIP.  May involve separate ownership by family members, shareholders, business partners, corporations, or any other legal entity to develop under a common scheme or plan.

   COMPACT HOME OR MODULAR HOME.  A manufactured structure, designed for permanent occupancy, 24 feet or more wide and 40 feet or more long, and meeting the minimum square footage requirement of the district in which it is placed, with the four outside walls supported by a permanent foundation and accompanied by a certificate of compliance furnished by the state.

   CONDITIONAL USE.  A use permitted in a particular zoning district upon showing that this use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in Chapter 157 of this code of ordinances and authorized by the approving agency.

   CONDOMINIUM.  Ownership in common with others of a parcel of land and certain parts of a building thereon which would normally be used by all the occupants, such as yards, foundation, basements, floors, walls, hallways, stairways, elevators, and all other related common elements, together with individual ownership in fee of a particular unit or portion of the building.

   CONFINED FEEDING OPERATION.  Any time 300 or more cattle, 600 or more swine or sheep, or 30,000 or more fowl are housed (or penned) and fed in a confined area.

   CONFORMING BUILDING OR STRUCTURE.  Any building or structure which:

      (1)   Complies with all the regulations of this title or of any amendment hereto governing the zoning district in which the building or structure is located; and

      (2)   Is designed or intended for a conforming use.

   CONSTRUCTION PLAN.  The maps or drawings accompanying a subdivision plat, showing the specific location and design of improvements to be installed in accordance with the requirements of the Commission as a condition of the approval of the plat.

   CONTRACTOR.  Any person, firm, or corporation engaged in the business of general contractor, roofing, insulation, electrical, plumbing, sewage, well installation, heating, ventilation, air conditioning, or other ancillary contracting in the county, excepting those individuals doing work on their own residence.

   CONTROLLED ACCESS HIGHWAY.  A trafficway, including freeways, expressways, and other arterial streets, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at those points only and in that manner as may be determined by the public authority having jurisdiction over that trafficway.

   CORNER LOT.  A lot at the junction of and abutting two intersecting or intercepting streets.

   COURT.  An open unoccupied space bounded on two or more sides by the exterior walls of a building or by exterior walls and lot lines.

   CREATION.  A human activity bringing a wetland into existence at a site in which it did not formerly exist.

   CURB LEVEL.  The level of the established curb in front of the building measured at the center of the front.  Where no CURB LEVEL has been established, the pavement elevation at the street center line similarly measured, or the mean elevation of the finished lot grade immediately adjacent to a building, shall be considered the CURB LEVEL.

   DEVELOPER.  Any person engaged in developing or improving a lot or group of lots or structures thereon for use or occupancy.

   DEVELOPMENT. 

      (1)   Any improvement or change to property brought about by human activity (man-made), including, but not limited to:

         (a)   Construction, reconstruction, or placement of a building or any addition to a building valued at more than $1,000;

         (b)   Installing a manufactured home on a site, preparing a site for a manufactured home, or installing a recreational vehicle on a site for more than 180 days;

         (c)   Installing utilities, erection of walls and fences, construction of roads, or similar projects;

         (d)   Construction of flood control structures such as levees, dikes, dams, channel improvements,  and the like;

         (e)   Mining, dredging, filling, grading, excavation, or drilling operations;

         (f)   Construction and/or reconstruction of bridges or culverts;

         (g)   Storage of materials; and

         (h)   Any other activity that might change the direction, height, or velocity of flood waters or surface waters.

      (2)   DEVELOPMENT does not include activities such as the maintenance of existing buildings and facilities such as painting, re-roofing, resurfacing roads, or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent buildings.

   DEVELOPMENT REGULATION.  Any zoning, subdivision, site plan, official map, floodplain regulation, or other governmental regulation that affects the use and intensity of land development.

   DISTRICT.  A geographical area within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this title.

   DRIVE-IN ESTABLISHMENT.  An establishment which offers merchandise, service, or entertainment to persons in motor vehicles.

   DRIVEWAY.  A private access road serving only one residential dwelling or commercial building.

   DRIVEWAY ROADCUT.  An entrance into or across a county road.

   DWELLING.  A permanent building, or portion thereof, designed or used exclusively for residential occupancy, including single-family DWELLINGS, two-family DWELLINGS, and multiple-family DWELLINGS, but not including hotels or lodging houses.  Such building must be at least 23 feet wide and have 950 square feet of living space excluding basements, breezeways, porches and garages.

      (1)   DWELLING, MULTIPLE-FAMILY.  A building containing three or more dwelling units.

      (2)   DWELLING, ONE-FAMILY OR SINGLE-FAMILY.  A building containing one dwelling unit only.

      (3)   DWELLING, TWO-FAMILY.  A building containing two dwelling units only.

   DWELLING UNIT.  A single unit providing complete, independent living facilities for one or more persons, including provisions for living, sleeping, eating, cooking, and sanitation.

   EASEMENT.  An authorization or grant by a property owner to specific purposes.

   EDUCATIONAL INSTITUTION or SCHOOL.  A facility in which is conducted the process of teaching and developing the knowledge, skills, mind, character, and the like, of individuals, especially by formal education.  These include:

      (1)   DAY OR NURSERY SCHOOL. Provides day care services for children;

      (2)   HIGHER EDUCATION.  A college or university;

      (3)   PAROCHIAL SCHOOL. Maintained and operated by a religious organization;

      (4)   PRIVATE SCHOOL. Not intended for, open to, or controlled by the public;

      (5)   PUBLIC SCHOOL. An elementary or secondary school that is a part of the system of schools maintained by public taxes and supervised by municipal, county, and/or state authorities; and

      (6)   TRADE OR BUSINESS SCHOOL. Teaching and training directed toward specific vocations.

   EFFICIENCY UNIT.  A dwelling unit consisting of one principal room exclusive of bathroom, hallway, closets, or kitchen and dining alcove directly off the principal room.

   EROSION.  The detachment and movement of soil, sediment, or rock fragments by water, wind, ice, or gravity.

   EROSION CONTROL MEASURE.  A practice or a combination of practices to control erosion and resulting sedimentation.

   EROSION CONTROL PLAN.  A written description of pertinent information concerning erosion control measures designed to meet the requirements of this title as submitted by the applicant for review and approval by the county Plan Commission.

   EXCEPTION.  Permission to depart from the design standards in this title.

   EXISTING MANUFACTURED HOME PARK OR SUBDIVISION.  A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of this code.

   EXPANDO UNIT.  An expandable manufactured housing unit.

   EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION.  The preparation of additional sites by the construction of facilities for servicing the lots on which manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.

   FACILITY COMPOUND.  The area of a parcel on which wireless communications facilities such as towers and accessory equipment buildings are located.

   FAMILY.  One or more persons occupying a single dwelling unit, provided that unless all members are related to the other by blood, marriage, or adoption, no FAMILY shall contain over five persons.  A FAMILY may include not more than two roomers, boarders, or permanent guests whether or not gratuitous.

   FARM.  An area of ten or more acres used for agricultural operations including truck gardening,  forestry, tree or plant nursery, or the production and/or keeping of livestock and poultry.

   FARM/HOBBY.  A parcel of land less than 50 acres in size used primarily as a residential lot whereon some crops or animals may be raised or kept for pleasure and not used as a primary source for income.

   FBFM.  Flood Boundary and Floodway Map.

   FEASIBILITY STUDY.  A written report prepared by a registered engineer, certified planner, or registered land surveyor pertaining to the suitability of the site for various types of water and sewer systems, for drainage retention/detention or disbursement, and the sub-soil conditions for various methods of street construction.

   FEDERAL INSURANCE ADMINISTRATION.  For the purpose of this title, the administrative office of the National Flood Insurance Program.

   FEEDER STREET.  A street designed to facilitate the collection of traffic from local streets and to provide circulation within neighborhood areas and convenient ways to reach secondary streets.

   FEEDLOTS.  The confinement for any period of time of livestock or fowl, whether open or enclosed, to any area less than required as described in Appendix A of this chapter.

   FEMA.  Federal Emergency Management Agency.

   FHBM.  Flood Hazard Boundary Map.

   FILL MATERIAL.  Any solid material, when placed in a wetland or lake, that displaces water or reduces water holding capacity.

   FIRM.  Flood Insurance Rate Map.

   FLOOD or FLOODWATER.  A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation or the run-off of surface waters from any source, including the water of any lake or watercourse which is above the banks and/or outside the channel and banks of the watercourse.

   FLOOD DISTRICTS.  Floodplain (FP), floodway (FW), and flood fringe (FF) districts established under I.C. 4-28-1 et seq.  The degree of protection established is considered reasonable for regulatory purposes and is based on engineering and scientific considerations.

      (1)   FLOOD FRINGE (FF) DISTRICT.  Areas subject to potential flood damage but outside an identified floodway (FW) district.

      (2)   FLOODPLAIN (FP) DISTRICT.  Areas for which detailed flood data has not been provided.

      (3)   FLOODWAY (FW) DISTRICT.  Areas identified as a floodway.

   FLOOD FRINGE.  Those portions of the floodplain lying outside the floodway.

   FLOOD HAZARD AREA.  Any floodplain (FP), floodway (FW), or flood fringe (FF) district, or any combination thereof, which is subject to inundation by the regulatory flood, or any floodplain (FP) district as delineated by Zone A on a FHBM.

   FLOOD PROOFED BUILDING.  A commercial or industrial building designed to exclude floodwaters from the interior of that building.  All flood proofing shall be adequate to withstand the flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the regulatory flood.

   FLOOD PROTECTION GRADE or FPG.  The elevation of the lowest floor of a building or structure.  If a basement is included, the basement floor is considered the lowest floor.  Exception:  If a commercial or industrial building is flood proofed as herein defined, the term FLOOD PROTECTION GRADE applies to the water surface elevation for which the building is protected.  The elevation of the regulatory flood plus two feet at any given location in the SFHA.

   FLOODPLAIN.  The relatively flat or low land, including any wetland, lake, or watercourse, adjoining the channel of a river or stream which has been or may be covered by floodwater.  The FLOODPLAIN includes the channel, floodway, and flood fringe, as described below in this definition, and is so designated by the Federal Insurance Administration and/or the state Department of Natural Resources.

      (1)   CHANNEL.  The bed of a stream or waterway.

      (2)   FLOOD FRINGE.  The area adjoining a river or stream which has been or which may hereafter be flooded, but outside an identified floodway (FW) district, and is so designated by the Federal Insurance Administration and/or the Department of Natural Resources.

      (3)   FLOODWAY.  The channel of a river or stream and those portions of the floodplain adjoining the channel which are reasonably required to carry and discharge the floodwater or flood flow of any river or stream.  The state Department of Natural Resources exercises primary jurisdiction in FLOODWAY (FW) districts.

   FLOODWAY.  The channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream.

   FLOOR AREA.  For the purpose of determining the floor area ratio, the FLOOR AREA of a building is the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of the wall separating two buildings. 

      (1)   The FLOOR AREA of a building shall include the basement when more than one-half of the basement height is above the established curb level, or above the finished lot grade level, when the curb level has not been established; elevator shafts and stairwells at each floor; floor space used for mechanical equipment (open or enclosed); penthouse; attic space having head room of seven feet, ten inches or more; interior balconies or mezzanines; enclosed porches; and floor area devoted to accessory uses. 

      (2)   However, any space devoted to off- street parking or loading shall not be included in the determination of FLOOR AREA.

   FLOOR AREA RATIO or F.A.R.  The floor area of the building or buildings on a given zoning lot divided by the area of that zoning lot.

   FOSTER CARE HOME.  As defined by the state Department of Social Service, homes which provide congregate living arrangements for non-family members.  The categories of FOSTER CARE HOMES are given in Appendix B of this chapter.

   FOUNDATION SIDING OR SKIRTING.  A type of wainscoting constructed of fire and weather resistant material, such as aluminum, asbestos board, treated pressed wood, or other approved materials enclosing the entire undercarriage of the manufactured or mobile home.

   FRONT LOT LINE.  With respect to the relationship between property and the street:

      (1)   For an interior and through lot, the line marking the boundary between the lot and the abutting street; or

      (2)   For a corner lot, the line marking the boundary between the lot and the shorter of the two abutting street segments.

   FRONT YARD.  A yard that is bounded by the front line of the principal buildings, by the adjacent street right-of-way, and by the segments of side lot lines that they intercept.

   FRONTAGE (OF A BLOCK).  All of the property abutting a street or the space between a building and the street.

   FRONTAGE (OF A LOT).  All of the property of the lot fronting on a street, road, or highway as measured between the side lot lines and as measured along the front boundary line unless a public right-of- way easement exists, then along the easement line of the parcel or lot.

   GARAGE, PRIVATE.  An accessory building or an accessory portion of the principal building, including a carport, which is intended for or used for storing the private passenger vehicles of the family or families resident upon the premises.  No business, service, or industry connected directly or indirectly with the automotive vehicles is carried on.  GARAGES for single-family dwellings shall be limited to four spaces, and shall not exceed 1,200 square feet in floor area, nor shall a GARAGE exceed in floor area the floor area of a principal building.

   GARAGE, PUBLIC.  Any building where automotive vehicles are painted, repaired, rebuilt, reconstructed, or stored for compensation.

   GARAGE, STORAGE.  A building or premises used for housing only of motor vehicles, RVs, boats, or other vehicular equipment pursuant to previous arrangements and not being transients; and where no equipment or parts are sold, and vehicles are not rebuilt, serviced, repaired, hired, or sold, except that fuel, grease, or oil may be dispensed within the building to vehicles stored therein.

   GRADE.  The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

   GREENBELT.  A zone of tree or treelike plantings not less than 15 feet in width. 

      (1)   Width will be dependent on the plantings used.  Planting will be of at least three rows of conifers alternately planted to create a living green screen reaching 12 feet in height within seven years of planting.  Alternately, two rows of conifers and a single exterior row of deciduous trees may be used alternately planted and the deciduous trees attaining the height of 20 feet within seven years of planting.  The conifer plantings must be planted to allow interlocking branches within seven years of planting.  Deciduous trees must be planted to start the interlocking of branches within ten years.

      (2)   The GREENBELT is intended to be a continuous living screen.  All plantings must be replaced or maintained as needed or necessary to provide a continuous screen from no less than one foot above the ground to at least 12 feet in height.  Each successor in interest shall be responsible for the maintenance of the GREENBELT.

   GREENBELT, NATURAL.  A strip of land kept in its natural or undeveloped state or in agricultural use, which serves to separate adjacent land uses.

   GROUND FLOOR AREA.  The area of a building in square feet, as measured in a horizontal plane at the ground floor level within the largest outside dimensions, exclusive of open porches, breezeways, terraces, garages, and exterior stairways.

   HIGHWAY, LIMITED ACCESS.  A freeway, or expressway, providing a trafficway for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right to access to or from the same, except at those points and in that manner as may be determined by the public authority having jurisdiction over that trafficway.

   HOME BUSINESS.  For example, a beauty shop, photo studio or processing, or welding service.  A business located within a dwelling or accessory building and where success of the business is subject to the public entering the dwelling or accessory building to receive services on a regular continuing basis and/or where modifications or alterations may be required in order to conduct the business.  The provisions (1) through (5) inclusive under the definition of home occupation or professional office which follows shall be met.

   HOME OCCUPATION OR PROFESSIONAL OFFICE.  For example, a desktop publisher, graphic artist, or telephone solicitor.  An occupation or professional office which is located within a dwelling or accessory building but not subject to the public entering the dwelling or accessory building to receive services on a regular, continuing basis.  The following provisions shall be met:

      (1)   No person, other than members of the family residing on the premises, shall be engaged in this endeavor.

      (2)   The use of the dwelling unit for this endeavor shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and no more than 25% of the combined floor area of the dwelling unit and accessory buildings shall be used in the conduct of the endeavor.

      (3)   There shall be no change in the outside appearance of the building and premises, or other visible evidence of the conduct of the endeavor other than one sign, not exceeding one square foot in area, non-illuminated, and mounted flat against the wall of the building, dwelling, or accessory building.

      (4)   No traffic shall be generated by the endeavor in greater volume than would normally be expected in a residential neighborhood, and the need for parking generated by the conduct of the endeavor shall meet the off-street parking requirements as specified in this title, and shall not be located in a required front yard.

      (5)   No equipment or process shall be used in the endeavor which creates noise, vibration, glare, fumes, odors, or electrical interference detectable off the lot, if the endeavor is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence.  In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any audio or television receivers off the premises or causes fluctuations in the line voltage off the premises.

   HOSPITAL.  A facility where the ill or injured may receive medical, surgical, or psychiatric treatment, nursing, food, lodging, and the like, during illness.

   HOTEL, MOTEL, or APARTMENT HOTEL.  A building in which lodging or boarding and lodging are provided and offered to the public for compensation.  Thus, it is open to the public in contradistinction to a rooming house, boarding house, lodging house, or dormitory, which is herein separately defined.

   HYDRIC SOIL.  A soil that is saturated, flooded, or otherwise covered with water long enough during the growing season to develop deficiencies in oxygen as a result of excessive water content.

   HYDROPHYTIC VEGETATION.  Plant life growing in water or a substrate that is at least periodically deficient in oxygen as a result of excessive water content.

   IMPACT FEE.  A fee imposed on a development to help finance the cost of improvements or services.

   IMPROVEMENT LOCATION PERMIT.  A permit stating that the proposed erection, construction, enlargement, or moving of a building or structure referred to therein complies with the provisions of the Master Plan.

   INCOMPATIBLE USE.  A use or service which is incapable of direct association with certain other uses because it is contradictory or incongruous.

   INDIVIDUAL SEWAGE DISPOSAL SYSTEM.  A septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device.

   INDUSTRIAL WASTE 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.

   INDUSTRY, HEAVY.  Manufacturing, processing, assembling, storing, testing, and similar industrial uses which are generally major operations and extensive in character; which require large sites, open storage and service areas, extensive services and facilities, and ready access to regional transportation; and which normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution, and water pollution, but not beyond the district boundary.  Waste is limited to wastes other than those classified as hazardous or toxic by the United States Environmental Protection Agency.

   INDUSTRY, LIGHT.  Manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet, and free of objectionable or hazardous elements such as smoke, noise, odor, or dust; operating and storing within enclosed structures; and generating little industrial traffic and no nuisances.  Waste disposal is limited to wastes other than those classified as hazardous or toxic by the United States Environmental Protection Agency.

   IN-KIND.  The restoration or creation of a wetland with vegetation and other characteristics closely approximating those of a specific wetland.

   INTERESTED PARTY.  The interested parties shall include, but are not limited to, the appellant and the county’s zoning official or body whose order, decision, or determination is being appealed, the applicant for the relief being sought, and adjacent property owners.  This also includes any individual who addresses the Board favoring or opposed to a matter before the Board, Plan Commission, or Board of Zoning Appeals.

   INTERIOR LOT.  A lot other than a corner lot or a through lot.

   JUNK YARD.  An open area where waste or used materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled.  The waste and used materials include, but are not limited to:  motor vehicles; vehicles, machinery, or equipment drawn or operated by attaching to motor vehicles or mechanical units which are not in running or operable condition; scrap iron and other metals; paper, rags, rubber tires, and bottles; but it does not include residential, commercial, or municipal garbage, which is defined as animal, vegetable, or mineral refuse.  A JUNK YARD does not include uses established entirely within enclosed buildings, nor does it include an establishment engaged only in the processing of scrap iron or other metals to be sold specifically for the manufacture of steel or metal alloys, which must have fencing to effectively screen the area.

   JURISDICTION OF THE COMMISSION.  The unincorporated territory of the county.

   KENNEL.  Any premises, or portion thereof, on which more than four dogs, cats, or other household domestic animals over four months of age are kept, or on which more than two of these animals are maintained, boarded, bred, or cared for, in return for remuneration, or are kept for the purpose of sale.

   LABORATORY, COMMERCIAL.  A facility devoted to experimental study, testing, or analysis.  Manufacturing, assembly, or packaging of products shall not be conducted within this facility.

   LAND DISTURBING ACTIVITY.  Any man- made change of the land surface, including removing vegetative cover, excavating, filling, transporting, and grading.  In the context of this title, it includes only non-agricultural LAND DISTURBING ACTIVITIES on sites which also require a local improvement location permit or an approved subdivision plat.

   LETTER OF MAP AMENDMENT or LOMA.  An amendment to the currently effective FEMA map that establishes that a property is not located in a Special Flood Hazard Area (SFHA).  A LOMA is only issued by FEMA.

   LETTER OF MAP REVISION or LOMR.  An official revision to the currently effective FEMA map.  It is issued by FEMA and changes flood zones, delineations, and elevations.

   LOADING AND UNLOADING SPACE OFF- STREET.  An open, hard-surfaced area of land other than a street or public way, which is principally used for the standing, loading, and unloading of motor trucks, tractors, and trailers to avoid undue interference with the public use of streets and alleys.  That space shall be not less than ten feet in width, 45 feet in length and 14 feet in height, exclusive of access aisles and maneuvering space.

   LODGER or ROOMER.  Any person, not the principal tenant or a family member of the principal tenant, who resides in a living unit and who pays remuneration to the principal tenant, as distinguished from a guest who does not pay remuneration to the principal tenant.

   LODGING ROOM.  A room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom.  In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one LODGING ROOM for the purpose of this title.

   LOT. 

      (1)   A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area and to provide yards and other open spaces as are herein required. 

      (2)   A LOT shall have frontage on a public street, or on an approved private street, and, provided that in no case of division shall any residual LOT or parcel be created which does not meet the requirements of this title, a LOT may consist of:

         (a)   A single LOT of record;

         (b)   A portion of a LOT of record;

         (c)   A combination of complete LOTS of record, of complete LOTS of record and portions of LOTS of record, or of portions of LOTS of record; or

         (d)   A parcel of land described by metes and bounds.

      (3)   LOT, CORNER.  A lot situated at the intersection of two streets, the interior angle of that intersection not exceeding 135 degrees.  (The narrowest part of a lot having frontage on a street is the front of the lot.)

      (4)   LOT, DOUBLE FRONTAGE.  A lot, other than a corner lot, which fronts on two streets.

      (5)   LOT, REVERSED CORNER.  A corner lot where the side lot line adjoining a street is substantially a continuation of the front line of an adjacent interior lot.

      (6)   LOT, THROUGH.  A lot having frontage on two non-intersecting streets, as distinguished from a corner lot.  (Both street lines shall be deemed front lot lines.)

      (7)   LOT, ZONING.  A single tract of land located within a single block, which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or unified control.  A ZONING LOT may or may not coincide with a lot of record.

   LOT AREA, GROSS.  The area of a horizontal plane bounded by the front, side and rear lot lines, but not including any area occupied by the waters of a lake, river, floodplain area, or retention or detention business area, and not including that portion of a lot in use as, or to be used as, a street, retention, or detention area.

   LOT COVERAGE.  The percentage of the lot area that is represented by the building area.

   LOT DEPTH.  The average distance between the front lot line and the rear lot line of a lot.

   LOT LINE, FRONT.  The boundary of a lot which is along an existing or dedicated public street or, where no public street exists, is along a public way.  Where that public way is not a dedicated street, the right-of-way of the public way shall be deemed to be 66 feet or more, unless otherwise provided.

   LOT LINE, REAR.  The boundary of a lot which is most distant from, and is, or is most nearly, parallel to the front lot line.

   LOT LINE, SIDE.  Any boundary of a lot which is not a front or rear lot line.

   LOT OF RECORD.  A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder, or a parcel of land, described by metes and bounds, the deed to which was recorded in the office of the Recorder prior to the adoption of this title.

   LOT WIDTH.  The distance between the side lot lines of a lot measured at the building line.

   LOWEST FLOOR.  The lowest of the following:

      (1)   The top of the basement floor;

      (2)   The top of the garage floor, if the garage is the lowest level of the building;

      (3)   The top of the first floor or of the buildings elevated by pilings or constructed on a crawl space with permanent openings; and

      (4)   The top of the floor level of any enclosure below an elevated building where the walls of the enclosure provide any resistance to the flow of floodwaters, unless:

         (a)   The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of floodwaters, by providing a minimum of two openings (in addition to doorways and windows) having a total area of one square foot for every two square feet of enclosed area subject to flooding.  The bottom of all these openings shall be no higher than one foot above grade; and

         (b)   The enclosed space shall be usable for the parking of vehicles and building access.

   MANUFACTURED HOME.  A dwelling unit (as defined in I.C. 9-13-2-96), designed and built in a factory, which bears a seal certifying that it was built in compliance with the federal Manufactured Housing Construction and Safety Standards Law, and certified by the state.  The MANUFACTURED HOME shall be constructed after January 1, 1981, classified as residential design, and exceed 950 square feet of occupied space, and exceed 23 feet in width, exclusive of porches, terraces, garages, pull-out, and expansion rooms.  Also, a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities.  The term MANUFACTURED HOME does not include a recreational vehicle.

   MANUFACTURED HOME SUBDIVISION.  A parcel of land platted for subdivision according to all requirements of the comprehensive plan, designed or intended for lots to be conveyed by deed to individual owners for residential occupancy primarily by manufactured homes.

   MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARD CODES.  Title VI of the 1974 Housing and Community Development Act (42 USC 5401 et seq.), as amended (previously known as the Federal Mobile Home Construction and Safety Act), rules and regulations adopted thereunder (including information supplied by the home manufacturer, which has been stamped and approved by a Design Approval Primary Inspection Agency, an agent of the U.S. Department of Housing and Urban Development pursuant to HUD rules), and regulations and interpretations of that code by the state Administrative Building Council; all of which became effective for mobile and manufactured home construction on June 15, 1976.

   MARQUEE or CANOPY.  A roof-like structure of a permanent nature which projects from the wall of a building.

   MASTER PLAN or COMPREHENSIVE PLAN.  The complete long range plan, or any of its parts, for the zoning growth and development of the county.  The term includes any parts thereof, constituting the title and chapters, and prepared by the Commission and adopted in accordance with I.C. 36-7-4 as it is, or may hereafter be, in effect.

   MINERAL EXTRACTION.  Includes mining, quarrying, and removal of earth materials.

   MOBILE HOME.  A detached transportable structure larger than 320 square feet and designed to be used as a single-family residential dwelling with all of the following characteristics:

      (1)   Certified in a factory and fabricated to the standards outlined in I.C. 20-12-5 et seq. pursuant to I.C. 9-20-12-1;

      (2)   Designed to be transported after fabrication on its own wheel; and

      (3)   Arriving at the site where it is to be occupied as a dwelling complete, including the major appliances, and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to the utilities, and the like.

   MOBILE HOME PARK.  Any parcel or tract of land licensed and registered under provisions of I.C. 16-41-27 et seq. under the control of any persons, upon which three or more occupied mobile homes are harbored on a continual or non-recreational basis, or which is offered to the public for that purpose, regardless of whether a charge is made therefor, together with any building, structure, enclosure, street, equipment, or facility used or intended for use incident to the harboring or occupancy of mobile homes.

   MOBILE HOME SUBDIVISION.  A subdivision as defined by the state Subdivision Control Act, being Act 288 of the Public Acts of 1967, as amended, which has been expressly established for the sole purpose of selling lots on which mobile homes may be used and occupied for residential purposes, and which has been established in full compliance with all applicable provisions of the aforementioned act and of all other applicable state, county, and city regulations.

   MOBILE HOME TIE DOWNS.  Sufficient anchorage to resist flotation, collapse, or lateral movement of any mobile home.  At a minimum, this anchorage shall consist of:

      (1)   Over-the-top ties to be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring only one additional tie per side;

      (2)   Frame ties to be provided at each corner of the home with five additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring four additional ties per side;

      (3)   All components of the anchoring system to be capable of carrying a force of 4,800 pounds; and

      (4)   Additions to the mobile home to be similarly anchored.

   MODULAR HOME.  A housing unit designed, built, and certified in a factory to I.C. 22-12-2 through 22-12-5 for use as a principal residence.  It is to be constructed complete with the necessary plumbing, heating, and electrical systems.  It is designed to be transported by means other than its own undercarriage to a prepared site, and becomes suitable for permanent occupancy after proper installation of foundation supports and connection to utility service.

   MONOPOLE.  A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.

   MOTEL.  A building or group of buildings containing rooms intended or designed to be used or which are used, rented, or leased to be occupied or which are occupied for sleeping purposes and which is open to transient guests, in contradistinction to a boarding or lodging house.

   MOTOR VEHICLE.  A passenger vehicle, truck, truck-trailer, or semi-trailer propelled or drawn by mechanical power.

   NATIONAL WETLANDS INVENTORY or NWI.  A series of maps produced by the Fish and Wildlife Service of the U.S. Department of the Interior, in coordination with the maps produced by the U.S. Geologic Survey, showing the location and classification of certain identified wetlands in standard topographic areas.

   NATURAL HIGH WATER STORAGE CAPACITY.  The maximum volume of water a wetland can contain up to its ordinary high water mark without alterations to its natural grade or contour.

   NATURAL RESOURCES, DEPARTMENT OF, or DNR.  The Department of Natural Resources of the state.

   NEW MANUFACTURED HOME PARK OR SUBDIVISION.  A manufactured home subdivision or park for which the construction of facilities for servicing the lots on which the manufactured homesare to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of this code.

   NON-ACCESS EASEMENT.  A public easement along a public right-of-way across which access to the property is not permitted.

   NON-AGRICULTURAL LAND USE.  The commercial use of land for the manufacturing and wholesale, or retail sale, of goods or services; residential or institutional use of land intended primarily to shelter people; highway use of land including lanes, alleys, and streets, and other land uses not included under agricultural land use.

   NON-CONFORMING BUILDING OR STRUCTURE.  A building or structure, or portion of a structure, existing at the effective date of this code, or subsequent amendment thereto, that could not be built under the terms of this title by reasons of restrictions on lot size, height, yards, location on the lot, or other requirements concerning the structure.

   NON-CONFORMING USE.  A use of land, buildings, or structures which does not comply with all of the regulations of this title or of any amendment hereto governing use for the zoning district in which that use is located.

   NOXIOUS MATTER OR MATERIALS.  Matter or material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals.

   NURSERY or NURSING HOME.  A home or facility for the care and treatment of babies, children, pensioners, or elderly people.

   NURSERY, PLANT MATERIALS.  Land, buildings, structures, or the combination thereof for the storage, cultivation, or transplanting of live trees, shrubs, or plants offered for retail sale on the premises including products used for gardening and landscaping.

   OCCUPANCY PERMIT.  A required permit allowing the use of a building or structure after it has been determined that all the requirements of applicable ordinances have been met.

   ODOROUS MATTER.  Matter or material that yields an odor which is offensive in any way.

   OFFICES, DEPARTMENTS, BOARDS, and COMMISSION, COUNTY.  The following offices, departments, boards, and commission of the county are referred to in this title.

      (1)   ASSESSOR.  The County ASSESSOR advises and instructs all township assessors in the county as to their duties.  The ASSESSOR also serves as the reviewer of all returns made by the township assessor and has the same powers as the same.  The duties of the county inheritance tax appraiser is also the responsibility of the County ASSESSOR.

      (2)   BOARD OF COMMISSIONERS.  The County BOARD OF COMMISSIONERS (hereinafter called “the Board”), in general, is the executive branch of county government and thus is responsible for the administration of all county business and may enact ordinances and take other actions as provided to the Board by state statute.

      (3)   BOARD OF ZONING APPEALS or BZA.  The advisory BOARD OF ZONING APPEALS (hereinafter called “the BZA”) has the duty to hear and determine appeals on orders, requirements, or decisions made in connection with Chapter 157 of this code of ordinances and is authorized to grant variances and special exceptions from the code.

      (4)   BUILDING COMMISSIONER.  The Secretary of the Plan Commission and Board of Zoning Appeals oversees the operation of the Building Department and is responsible for insuring the enforcement of county zoning and subdivision ordinances, building standards, and compliance with related planning requirements, and issues and approves building permits.

      (5)   ENGINEER.  The County ENGINEER performs engineering services for the county, including:  highways, bridges, traffic safety, sanitation and pollution control, and subdivision development control.

      (6)   HEALTH DEPARTMENT.  The agency and person designated to administer the health regulations for the county.  The county HEALTH DEPARTMENT, managed by a seven-member Board of Health appointed by the County Board of Commissioners and the Health Officer appointed by the Board of Health; all appointments subject to approval and certification by the state Board of Health.  County HEALTH DEPARTMENTS have jurisdiction over the entire county but are subordinate to the state Board of Health.

      (7)   PLAN COMMISSION.  The advisory PLAN COMMISSION (hereinafter called “the Commission”), has jurisdiction within the unincorporated area of the county and has the following duties:  to formulate and recommend the adoption of plans for the conservation of resources and community betterment, participate in the preparation of a comprehensive plan for the development of the county, approve proposed subdivisions, authorize the preparation of county road maps, and administer Chapter 157 of this code.

      (8)   RECORDER.  The chief function of the County RECORDER is that of preserving public records, including deeds, mortgages, bankruptcy notices, and the like.

      (9)   SURVEYOR.  The primary duties of the County SURVEYOR are to survey and keep records of all section corners throughout the county and supervise all civil engineering work of the county, including construction and maintenance of all drains and ditches, highways, bridges, and culverts, unless these duties are specifically assigned to the County Highway Superintendent by the County Board of Commissioners.

   OFFICIAL THOROUGHFARE PLAN.  The part of the Master Plan, now or hereafter adopted, which includes a major street and highway plan and sets forth the location, alignment, dimensions, identification, and classification of existing and proposed streets, highways, and other thoroughfares. See Appendix D.

   OFF-SITE.  Restoration or creation of a wetland at a location not adjacent to, or within 25 feet of, a previous wetland.

   ONE- AND TWO-FAMILY DWELLING CODE, INDIANA.  The nationally-recognized model building code prepared by the Council of American Building Officials, adopted by the state Administrative Building Council (ABC) as mandated through P.L. 360, Acts of 1971, and which includes those supplements and amendments promulgated by the ABC.

   OPEN SALES LOT (YARD, GARAGE, ROADSIDE, or SIMILAR).  Land used or occupied for the purpose of buying or selling merchandise stored or displayed out-of-doors.  The merchandise includes, but is not limited to, passenger cars, trucks, motor scooters, motorcycles, boats, and monuments.

   OPEN USE.  The use of a lot without a building, or else a use for which a building, with a floor area no larger than 5% of the lot, is only incidental.

   ORDINARY HIGH WATER MARK.  In wetlands, a mark delineating permanent or periodic inundation or prolonged soil saturation sufficient to create conditions that support hydrophytic vegetation and include hydric soils.

   OUT-OF-KIND.  The restoration or creation of a wetland with vegetation or other characteristics not resembling those of a specific wetland.

   OWNER.  Any individual, firm, association, syndicate, co-partnership, or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this title.

   PARCEL.  A separate division of land individually described, surveyed, and recorded of record to show the actual boundaries of the PARCEL.

   PARCEL OF PROPERTY.  A single tract or plot of land.

   PARTICULATE MATTER.  Dust, smoke, or any other form of airborne pollution in the form of minute separate particles.

   PERIODIC MAINTENANCE.  Ordinary inspection and repair of facilities accessory to use of a wetland.  This includes erosion control and removal of sediment, nuisance species, and excess vegetation from a wetland in ways that do not substantially disturb other hydrophytic plant and animal life.  PERIODIC MAINTENANCE does not include any modification of a wetland’s contour or natural water storage capacity.

   PERMANENT FOUNDATION.  Any structural system for transposing loads from a structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of the supporting soil.

   PERMANENT PERIMETER ENCLOSURE.  A permanent perimeter structural system completely enclosing the space between the floor joists of the home and the ground.

   PERMITS. 

      (1)   COUNTY ROAD PERMIT APPLICATION.  An application submitted to the county Building Commissioner seeking a permit from the county Highway Department to construct an entrance into or across a county road.  The completed application must have a sketch of the proposed change, describe the location, type of road surface, and purpose of the opening.  An individual permit application must be submitted for each individual opening being requested on the roadway.

      (2)   IMPROVEMENT LOCATION PER- MIT.  A permit stating that the proposed erection, construction, enlargement, or moving of a building or structure, or change in the use of land, complies with the provisions of the Master Plan and Chapter 157 of this code of ordinances.

   PERSON.  Includes a corporation, firm, partnership, association, organization, or any other group which acts as a unit.

   PLANNED UNIT DEVELOPMENT or PUD.  A tract of land developed under single ownership or control, the development of which is unique, incorporating some or all, but not limited to, the following attributes:  a variety of uses, varied density of development, reduced right-of-way width, and zero lot line development.

   PLAT. 

      (1)   A map representing a tract of land showing the boundaries and location of individual properties and streets; or

      (2)   A map of a subdivision or site plan.

   PLAT, FINAL.  A map or chart indicating the subdivisions or resubdivision of land, intended to be filed for record.

   PLAT, PRELIMINARY.  The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Commission for approval.

   PLAT, PRIMARY.  The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Commission for approval.

   PLAT, SKETCH.  A rough sketch by the subdivider of the proposed subdivision and presented to the Commission prior to submission of the subdivision for primary approval.  Presenting a sketch plat prior to the preparation of the primary plat enables the subdivider to save time and expense in reaching general agreement with the Commission as to form of the plat and objectives of the title.

   PORCH.  A roofed-over structure, projecting out from the wall or walls of a main structure, with a portion of it commonly open to the weather.

   PRACTICAL ALTERNATIVE.  An alternative to a proposed project that would accomplish the basic purpose of the project and avoid, or have less adverse impact on, a wetland or lake.

   PREEXISTING USE.  The use of a lot or structure prior to the time of the enactment of a zoning ordinance.

   PRIVATE DRIVE.  A right-of-way which has the characteristics of a street, as defined herein, except that it is not dedicated to the public use.  A driveway which is located on a lot and which serves only the use on that lot is not considered a PRIVATE DRIVE.

   PRIVATE ROAD.  A non-dedicated road serving one or more parcels for access.

   PRIVATE SEWER.  A disposal system which is not constructed, installed, maintained, operated, or owned by a municipality, taxing district established for that purpose, or a utility under the jurisdiction of the Public Services Commission of the state.

   PRIVATE WATER.  A water supply which is not constructed, installed, maintained, operated, or owned by a municipality, taxing district established for that purpose, or a utility under the jurisdiction of the Public Services Commission of the state.

   PROFESSIONAL OFFICE.  An office used by members of a profession such as architects, artists, dentists, engineers, lawyers, musicians, planners, physicians, and surgeons.

   PROPERTY LINES.  Those bounding a lot.

   PUBLIC IMPROVEMENT.  Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may effect an improvement for which local government responsibility is established.

   PUBLIC LAW 360, ACTS OF 1971, or P.L. 360.  Enabling legislation requiring the state Administrative Building Council to adopt rules and regulations for the construction, repair, or maintenance of factory-built one- or two-family residential dwellings.

   PUBLIC SEWER.  A sewage disposal system which is constructed, installed, maintained, operated, and owned by a municipality or taxing district established for that purpose.

   PUBLIC STREET.  A street established or dedicated for public use.

   PUBLIC UTILITY.  A firm, corporation, municipal department, or board duly authorized to furnish or furnishing under regulation to the public:  electricity, gas, steam, communication (including CATV), transportation, drainage, sewer, or water.

   PUBLIC WATER.  A water supply system which is constructed, installed, maintained, operated, and owned by a municipality, taxing district established for that purpose, or a utility under the jurisdiction of the Public Services Commission of the state.

   RAILROAD RIGHT-OF-WAY.  A strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops, or water towers.

   RECREATIONAL CAMPGROUND.  An area of land on which two or more recreational vehicles, including campers, tents, RVs, or other similar temporary recreational structures, are regularly accommodated with or without charge, including any building, structure, or fixture of equipment that is used or intended to be used in connection with providing these accommodations.

   RECREATIONAL FACILITIES.  Public or private facilities that may be classified as either extensive or intensive depending upon the scope of services offered and the extent of use. 

      (1)   Extensive facilities generally require and utilize considerable areas of land and include, but are not limited to, hunting or fishing areas, race tracks, riding clubs, and parks. 

      (2)   Intensive facilities generally require less land and include, but are not limited to, miniature golf courses, bowling alleys, and shooting ranges.

   RECREATIONAL VEHICLE.  Commonly referred to as an RV.  A temporary dwelling for travel, recreation, and vacation use.

      (1)   This type of vehicle is:

         (a)   Built on a single chassis;

         (b)   Four-hundred square feet or less when measured at the largest horizontal projections;

         (c)   Designed to be self-propelled or permanently towable by a light duty truck; and

         (d)   Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational camping, travel, or seasonal use.

      (2)   They include, but are not limited to:

         (a)   MOTOR HOME.  A self-propelled vehicle with a dwelling constructed as an integral part of the vehicle, or so altered.

         (b)   PICK-UP COACH.  A structure designed to be mounted on a truck chassis or cut-down car.

         (c)   TRAVEL OR CAMPING TRAILER.  A vehicle or other portable structure that is designed to move on the highway and designed or used as a dwelling.

   REGULATED ACTIVITY.  An activity with significant impact on delineated wetlands and public freshwater lakes.  Regulated activities shall include, all construction or development in or within 25 feet of the shoreline of a public freshwater lake or a delineated wetland boundary.  All activities that are not permitted as a right or a special use are prohibited.  REGULATED ACTIVITIES are listed within appropriate state and federal guidelines.

   REGULATORY FLOOD.  The flood having a peak discharge which can be expected to be equaled or exceeded on the average of once in a 100-year period, as calculated by a method and procedure which is acceptable to and approved by the Federal Insurance Administration.  This flood is equivalent to a flood having a probability of occurrence of 1% in any given year.  The REGULATORY FLOOD elevation at any location is as defined in Chapter 153 of this code.  The REGULATORY FLOOD is also known by the term BASE FLOOD.

   REGULATORY FLOOD PROFILE.  A longitudinal profile along the thread of a stream showing the maximum water surface elevation attained by the regulatory flood.

   RESIDENTIAL PARCEL/LOT.  A parcel or tract ten acres or less in size on which there is or will be a residential dwelling.

   RESUBDIVISION.  A change in a map of an approved or recorded subdivision plat so that the change affects any street layout on the map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.

   REZONE.  To change the zoning classification of particular lots or parcels of land.

   RIGHT-OF-WAY.  A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use.  The usage of the term RIGHT-OF-WAY for land platting purposes shall mean that every RIGHT-OF-WAY hereafter established and shown on a secondary plat is to be separate and distinct from the lots or parcels adjoining the RIGHT-OF-WAY and not included within the dimensions or areas of the lots or parcels.  RIGHTS- OF-WAY intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees, or any other use involving maintenance by a public agency, shall be dedicated to public use by the maker of the plat(s) on which the RIGHTS-OF-WAY are established.

   ROADSIDE STAND.  A structure for the display and sale of agricultural products, with no space for customers within the structure itself.

   RUNOFF.  The portion of precipitation from such sources as rainfall, snow melt, or irrigation water that flows over the ground surface.

   SALVAGE YARD.  Establishment engaged in processing of scrap iron and/or other metals to be sold for manufacturing of steel or alloys.  The total parcel must be fenced.

   SALVAGING.  The controlled removal of reusable materials.

   SCAVENGING.  The uncontrolled picking of materials.

   SCREENING, BUFFERING, or GREENBELT.  A structure erected or vegetation planted which initially or eventually is of sufficient height and/or density for concealing an area from view, deadening sound, and/or protecting from human disturbance.

   SECTION.  A unit of a manufactured home at least ten body feet in width and 30 body feet in length.

   SELF-SUPPORTING LATTICE TOWERS.  A support structure, securely anchored to a concrete foundation, constructed of vertical metal struts and cross braces forming a triangular or square structure often tapering from the foundation to its apex.

   SETBACK.  The minimum horizontal distance between the front line of a building or structure measured at the edge of the eave and the front property line.

   SEWAGE DISPOSAL REPORT.  A study report on the suitability of the soil for on-lot septic system based on a mechanical analysis or soil classification or other methods as determined acceptable by the Commission.

   SFHA or SPECIAL FLOOD HAZARD AREA.  Those lands within the jurisdiction of the county that are subject to inundation by the regulatory flood.  The SFHAs of the county are generally identified as such on the Flood Insurance Rate Map (FIRM) of the county prepared by FEMA and dated June 4, 1996.

   SHORELINE.  The average normal water level as established under I.C. 14-26-4-1 through 14-26-4-12 for public freshwater lake and administered under supervision of the state Department of Natural Resources.

   SIGN.  A name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, activity, person, institution, organization, or business.  A SIGN shall not include:

      (1)   The display of official court or public office notices;

      (2)   The flag, emblem, or insignia of a nation, political unit, school, or religious group; or

      (3)   One located completely within an enclosed building, except SIGNS located behind window areas intended to be viewed from outside the building.

   SIGN, BUSINESS.  A sign which directs attention to a business, commodity, service, or entertainment related to the premises where the sign is located or to which it is affixed.

   SIGN, FLASHING.  An illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when the sign is in use.  A revolving, illuminated sign shall be considered to be a FLASHING SIGN.

   SIGN, GROSS AREA OF. 

      (1)   The entire area within a single continuous perimeter enclosing the extreme limits of the sign and in no case passing through or between any adjacent elements of same. 

      (2)   The perimeter shall not include any structural elements lying outside the limits of the sign and not forming an integral part of the display.

   SIGN, NAMEPLATE.  Non-illuminated sign flush with the front of the building indicating the name or address of a building, or the name of an occupant thereof and the practice of a permitted occupation therein.

   SIGN, OFF-PREMISES.  A structure or accessory structure usually elevated above the ground’s surface, which communicates the availability of goods, services, and ideas not necessarily available on the premises on which the sign is located; the gross surface area shall not exceed 800 square feet on any facing and shall not exhibit more than two signs per facing.

   SITE PLAN.  A drawing to scale which must be furnished to the Building Commissioner when application is made for an improvement location permit and which shows size and location of all existing and proposed buildings, all adjacent streets and highways, size of all entrances and exits from the land, and a legal description of the land.  For some uses a landscape development plan must be included.

   SOLID WASTE MANAGEMENT DISTRICT.  State-mandated county districts governed by a board of directors composed of governmental officials.  District boards are responsible for all aspects of solid waste management within their district as provided by I.C. 13-21-3-1 through 13-21-3-22.

   SPECIAL EXCEPTION.  A use permitted within a district requiring approval of the Board of Zoning Appeals because of its unusual nature.

   SPOT ZONING.  The rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding land uses and that does not further the comprehensive zoning plan.

   SPRAWL.  Uncontrolled growth, usually of a low-density nature, in previously rural areas and some distance from existing development and infrastructure.

   STABLE, PRIVATE.  A building or structure which is located on a lot three acres or more in size on which a dwelling is located, and which is designed, arranged, used, or intended to be used for housing saddle horses or ponies primarily for the use of occupants of the dwelling, but in no event for hire, and limited to not more than two horses per three acres.

   STABLE, RIDING.  A building or structure which is designed, arranged, used, or intended to be used for housing saddle horses or ponies primarily for hire.

   STAFF.  The office personnel of the Plan Commission of the county.

   STANDARDS.  A specific and detailed listing of materials and construction methods for subdivision improvements and standards of construction and design, as adopted by the Commission (I.C. 36-7-4-702).

   STOCKYARDS.  A yard for livestock; especially an enclosure, usually with pens, and the like, in which cattle, hogs, sheep, or horses are kept temporarily before being slaughtered or sent to market.

   STORAGE.

      (1)   MINI.  A single-story building or group of buildings rented or leased to the general public for the storage of miscellaneous goods and non-hazardous materials.

      (2)   WAREHOUSE.  A primary use or accessory building of one or more stories for the storage of specific goods and materials which pertains to the primary use.

   STORY. 

      (1)   The portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, the space between the floor and the ceiling next above. 

      (2)   A basement having more than one-half its clear floor-to-ceiling height above grade shall be considered a STORY.

   STORY, HALF.  A space under a sloping roof which has the line of intersection of roof decking and wall, not more than three feet above the top level of the story below.  (In that space, not more than 60% of the floor area is completed for a principal or accessory use.)

   STREET or ROAD.  A right-of-way, other than an alley, dedicated or otherwise legally established to the public use, usually affording the principal means of access to abutting property.  A STREET may be designated as a highway, thoroughfare, parkway, boulevard, ROAD, avenue, lane, drive, or other appropriate name.

   STREET, MAJOR.

      (1)   ARTERIAL STREET.  Any roadway that provides for through traffic movements between and through the county.

      (2)   COLLECTOR.  A street which carries traffic from local streets to arterial streets, and may include the principal entrance street of residential developments.

   STREET, MINOR.

      (1)   CUL-DE-SAC.  A dead-end street permanently terminated by a vehicle turnaround.

      (2)   FEEDER.  A roadway which provides access between the major street system and the MINOR STREETS defined herein.

      (3)   LIMITED ACCESS STREET.  A street to which abutting properties are denied access.

      (4)   LOCAL COLLECTOR.  A roadway which provides access between the major street system and the MINOR STREETS defined herein.

      (5)   LOCAL STREET.  A roadway, the primary function of which is to provide direct access to residential, commercial, industrial, or other abutting real estate.

      (6)   LOOP STREET.  A street which has its origin and termination point with the same street and forms a loop or “U” of various shapes or proportions.

      (7)   PERIMETER STREET.  Any existing street to which the parcel of land to be subdivided abuts on only one side.

      (8)   SERVICE ROAD.  A minor road which is parallel and adjacent to a thoroughfare, and which provides access to abutting properties and protection from through traffic.  Also known as a FRONTAGE ROAD.

   STREET, THOROUGHFARE.  A public way or public place that is included in the thoroughfare plan of a unit.  The term includes the entire right-of-way for public use of the THOROUGHFARE and all surface and subsurface improvement on it, such as sidewalks, curbs, shoulders, utility lines, and mains.

   STRUCTURAL ALTERATION.  A change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as the addition, removal, or alteration of bearing walls, columns, beams, girders, or foundations.

   STRUCTURE. 

      (1)   A combination of materials other than a building to form a construction that is safe and stable, including, among other things, stadiums, platforms, radio towers, sheds, storage bins, fences, and display signs, except public utility communication and transmission lines and supporting equipment.

      (2)   Also, a STRUCTURE that is principally above ground and is enclosed by walls and a roof.  The term includes a gas or liquid storage tank, a manufactured home, or a prefabricated building, and also includes recreational vehicles to be installed in a site for more than 180 days.

   SUBDIVIDER.  Any person engaged in developing or improving a tract of land which complies with the definition of a subdivision as defined in this title.

   SUBDIVISION.  The division of a parcel or tract of land into two or more parcels regardless of size.

   SUBDIVISION, MAJOR.  A division of a parcel or tract of land into two or more parcels that involves the creation of additional streets.

   SUBDIVISION, MINOR.  The subdividing of a parcel or tract of land to create contiguous parcels for residential purposes on frontage lots without creating additional streets or easements of access.

   SUBDIVISION, RESIDENTIAL.  A division of a parcel or tract of land into two or more parcels with or without the creation of additional streets or easement access for residential use and not commercial agricultural usage.

   SUBDIVISION, STRIP.  A division of land which creates two or more contiguous residential parcels on frontage lots.

   SUBSTANTIAL IMPROVEMENT.  Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. 

      (1)   This term includes structures which have incurred substantial damage regardless of the actual repair work performed. 

      (2)   The term does not include improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements, or any alterations of a historic structure, provided that the alteration will not preclude the structure’s continued designation as a historic structure.

   SUBSTANTIAL MODIFICATION. 

      (1)   Any alteration, repair, enlargement, or extension of an existing building.  SUBSTANTIAL MODIFICATION is considered to occur when the first alteration of any wall, ceiling, floor, or other structural element of the building commences. 

      (2)   This term does not, however, include either:

         (a)   Any project for improvement of a structure to comply with existing health, sanitary, or safety code specifications; or

         (b)   Any alteration of a structure listed on the National Register of Historic Places or the State Survey of Historic, Architectural, Archeological, and Cultural Sites, Structures, Districts, and Objects.

   SUBSTANTIAL PROPERTY INTEREST.  Any right in real property that may be affected in a substantial way by actions authorized by this title, including a fee interest, a life estate interest, a future interest, a present possessory interest, or an equitable interest of a contract purchaser as recorded in the office of the County Recorder.

   SUPPORT SYSTEM.  A pad or a combination of footings, piers, caps, plates, and shims, which, when properly installed, support the manufactured or mobile home.

   TAVERN.  A building where liquors are sold to be consumed on the premises and where entertainment may or may not be provided.

   TERRACE, OPEN.  A level and rather narrow plane, or platform, which for the purpose of this title is located adjacent to one or more faces of the principal structure and which is constructed not more than four feet in height above the average level of the adjoining ground.

   TRAVEL TRAILER.  A vehicle or other portable structure that is designed to move on the highway and designed or used as a dwelling.

   TRAVEL TRAILER PARK.  An area of land on which two or more travel trailers are regularly accommodated with or without charge, including any building or other structure, fixture, or equipment that is used or intended to be used in connection with providing that accommodation.

   TRUCK LOT.  Any lot or land area used solely for the storage or layover of commercial trucks, tractors, or truck trailers.

   TRUCK TERMINAL OR YARD, COMMERCIAL.  Any land use with or without buildings for, but not limited to:  parking, storage, maintenance, or transfer station for commercial trucks, tractors, truck trailers, and other commercial vehicles.

   UNSAFE BUILDING LAW.  An ordinance which provides for minimum standards for building condition and maintenance in the county.  The county Building Commissioner shall be the enforcement authority and the BZA shall be the hearing authority.

   URBAN DRAIN. 

      (1)   A drainage plan the Commission may require from a subdivider when considering the primary plat.  Depending upon the Commission’s findings, the county Drainage Board may be petitioned to include the subdivision as an URBAN DRAIN as specified in the 1965 state Drainage Code and its amendments. 

      (2)   A drain shall be designated as an URBAN DRAIN when:

         (a)   The drain will not provide proper drainage for urban land or will not impound water in a small lake without construction or reconstruction;

         (b)   It is determined that the construction or reconstruction will provide proper drainage; and

         (c)   Either or both of the following factors is present:

            1.   A reasonable part of the land within the watershed has been or is being converted from rural land to urban land; and

            2.   It appears to the Commission that one or more tracts within the watershed is or will be changing from rural land to urban land and that the change requires the drainage provided by an URBAN DRAIN.

   USE (OF PROPERTY).  The purpose or activity for which the land or building thereon is designed, arranged, or intended, or for which it is occupied or maintained.  This includes any manner of performance of activity or operation with respect to the performance standards of this title.

   USE, PERMITTED.  A use which may be lawfully established in a particular district or districts, provided that it conforms with all requirements, regulations, and performance standards, if any, of the district.

   USE, PRINCIPAL.  The main use of land or buildings, as distinguished from a subordinate or accessory use.  May be either a permitted use or a special use.

   USE, SPECIAL.  Those uses of land which are not essentially incompatible with the uses permitted in a zoning district, but possess characteristics or locational qualities which require individual review and restriction.

   VARIANCE.  A deviation from the strict application of the specific requirements of zoning as it pertains to use, building, frontages, access, lot size, setbacks, or other developments as it pertains to specific property.

   WAIVER.  Permission to depart from the requirements of an ordinance with no respect to the submission of required documents.

   WASTE.

      (1)   HAZARDOUS WASTE.  Regulated by the Resources Conservation and Recovery Act (RCRA, 1976) (42 USC 6901) and its amendments; any waste that is “corrosive, ignitable, reactive, or toxic” or poses a substantial threat to human health and environment when improperly managed.

      (2)   INDUSTRIAL SOLID WASTE.  Generally consists of materials such as wastewater treatment sludges (waste with most of the water removed; semi-liquid), agricultural wastes, plastics, oil, paint, metal, or coal ash, and is managed on-site in landfills, surface impoundments, land application units, and waste piles and/or off-site land facilities, discharged to wastewater treatment plants and to surface waters.

      (3)   MUNICIPAL SOLID WASTE.  The refuse discarded by households, institutions, and commercial establishments (as distinguished from hazardous wastes and sludges), and which is disposed of in landfills, by incineration, or is composted, recycled, or reused.

      (4)   YARD WASTE.  Plant clippings, pruning, and other discarded materials from yards and gardens; also called YARD RUBBISH.

   WASTE DISPOSAL MANAGEMENT AND REDUCTION.  Techniques which include but are not limited to:

      (1)   COLLECTION CENTER or INTER- MEDIATE PROCESSING FACILITY.  A light industrial facility for collecting secondary materials, usually from the public, and reselling to brokers, processing centers, or manufacturing.  COLLECTION CENTERS may or may not buy material, can be permanent or mobile, and do no processing of materials for resale.

      (2)   COMPOSTING.  The controlled decay of organic matter, producing a nutrient-rich mulch or organic soil, thus removing part of the waste going to landfills and incinerator.

      (3)   INCINERATION.  A process technology which reduces the amount (particularly by volume) of wastes, the residues of which must then be managed and disposed of properly.

      (4)   LANDFILL, SANITARY.  An engineering project for refuse disposal in which the waste is dumped in accordance with a preconceived plan, compacted, and covered during and at the end of each day.

      (5)   NEIGHBORHOOD HOME COLLECTION CENTER.  Items need to be contained in a building.

      (6)   PROCESSING CENTER.  A heavy industrial facility that buys secondary material, usually from brokers, collection centers, and various post- consumer waste facilities, to use on-site for the remanufacturing of products.

      (7)   RECYCLING.  The process by which materials otherwise destined for disposal are retrieved and remanufactured into new products.  RECYCLING involves four steps:

         (a)   Separating recyclable material from the waste stream;

         (b)   Processing recyclable materials so that they can substitute for virgin materials in the manufacture of products;

         (c)   Producing a marketable commodity using the recycled material; and

         (d)   Consumer purchase and use of recycled products.

      (8)   SOURCE REDUCTION.  Minimizing the quantity of waste generated, starting at the manufacturer and consumer levels by increasing durability and reducing weight, volume, and packaging.

      (9)   TRANSFER STATION.  An inter- mediate facility where collected refuse is deposited for transfer to the final disposal site.

   WATERSHED.  All land and water within the confines of a drainage divide (a ridge separating two drainage basins).

   WATERSHED LOCATION MAPS.  Maps required to be provided to the Commission when seeking primary approval of a plat.  The maps may be separate or incorporated in the primary plat and shall show pertinent subdivision information including, but not limited to, thoroughfares, physical features, existing schools, location of the subdivision and the streams and drainage within the watershed, and the floodplains and floodways as mapped by the Federal Insurance Administration.

   WETLAND.  An area which:

      (1)   Supports predominantly aquatic or hydrophytic vegetation;

      (2)   Contains hydric soils;

      (3)   Is saturated with water permanently, or at least sometime during the growing season; or

      (4)   Displays an hydrology typically associated with a WETLAND.

   WETLAND DELINEATION.  The determination as to whether an area is a wetland.  Reference shall be made to and guided by, and field observations shall be conducted in accordance with, the methods set forth and described in the most recent legislation for: Federal Interagency Committee for Wetlands Delineation, and subsequent amendments;  Federal Manual for Identifying and Delineating Jurisdictional Wetlands;  U.S. Army Corps of Engineers; U.S. Environmental Protection Agency; U.S. Fish and Wildlife Service; and U.S.D.A. Soil Conservation Service, Washington D.C.  (Cooperative technical publication,  76 pages, plus appendices.)  A copy of the manual is on file in the office of the county Plan Commission.

   WETLAND DISTRICT.  An area which includes any or all of the following:  a delineated wetland and area within 25 feet of a delineated wetland or within 25 feet of the shoreline of a public freshwater lake.

   WETLAND HYDROLOGY.  Commonly referred to as the wetness of an area.  An area has WETLAND HYDROLOGY when saturated or inundated at some time during the growing season.

   WETLAND MAPS. 

      (1)   The portion of the National Wetlands Inventory which includes the county, and which shows wetlands and lakes located within the county’s geographic area. 

      (2)   The National Wetlands Inventory, as periodically updated, is incorporated herein by reference.  These maps are intended as a preliminary guide, as only the general location of wetlands may be shown.  Copies of these maps are on file at the office of the county Plan Commission.

   WHOLESALE ESTABLISHMENT.  A business establishment engaged in selling to retailers or jobbers rather than consumers.

   WIRELESS COMMUNICATIONS.  The technology by which communications or radio signals are transmitted or received from one communication source to another, which may include mobile units, land-based units, or satellite, whether radio, digital, telephone, or television not otherwise exempted by federal regulation.

   WIRELESS COMMUNICATIONS ANTENNA.  The physical device through which wireless communications signals are transmitted or received.

   WIRELESS COMMUNICATIONS FACILITY.  A facility consisting of the equipment and structures involved in receiving and transmitting wireless communications signals.

   WIRELESS COMMUNICATIONS TOWER.  A structure intended to support equipment used to transmit and/or receive wireless communications signals, including monopoles and self-supporting lattice towers.

   YARD.  An open space on the same lot with a building or structure unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted.  A YARD extends along a lot line, and to a depth or width specified in the YARD requirements for the zoning district in which the lot is located, and shall not include that part in use as or to be used as a street.

      (1)   YARD, CORNER SIDE.  A side yard which adjoins a public street, road, or highway.

      (2)   YARD, FRONT.  A yard extending along the full length of the front lot line between the side lot lines, and shall not include that part in use or to be used as a street.

      (3)   YARD, INTERIOR SIDE.  A side yard which is located immediately adjacent to another lot or to an alley separating the side yard from another lot.

      (4)   YARD, REAR.  A yard extending along the full length of the rear lot line between the side lot lines.

      (5)   YARD, SIDE.  A yard extending along a side lot line from the front yard to the rear yard.

      (6)   YARD, TRANSITIONAL.  A yard which must be provided on a lot in a business district which adjoins a lot in a residential district, or a yard which must be provided on a lot in a manufacturing district which adjoins a lot in either a residential or business district.

   ZERO LOT LINE.  The location of a building on a lot in such a manner that one or more of the building’s sides rest directly on a lot line.

   ZONING.  The delineation of districts and the establishment of regulations governing the use, placement, spacing, and size of land and buildings.

   ZONING DISTRICT(S).  A section or sections of the territory of the county, for which the regulations and requirements governing use, lot, bulk of buildings, and premises are uniform.

   ZONING MAP.  The map or maps that are a part of the zoning ordinance and delineate the boundaries of zoning districts.

   ZONING OFFICIAL.  The officer appointed by the Commission to administer and enforce the provisions of Chapter 157 of this code of ordinances.

   ZONING ORDINANCE or CHAPTER 157 OF THIS CODE.  The part of the Comprehensive or Master Plan, now or hereafter adopted, which includes an ordinance and zoning maps which divide the jurisdiction of the Commission into districts, with regulations, requirements, and procedures for the establishment of the land use controls.

(`88 Code, § 8-5)  (Ord. 98-20, passed 11-10-98; Am. Ord. 2005-11, passed 9-6-05)

Statutory reference:

   Primary plat approval and standards, see I.C. 36-7-4-702