§ 156.004 DEFINITIONS.

   The purpose of this section is to explain the meaning of terms used in the text of this chapter as well as additional terms which Planning Commissions and Zoning Administrators often have to deal with. By making these meanings explicit, the risk of arbitrary administrative decisions through lack of understanding is reduced and fair administration of the chapter is enhanced. Those preparing applications will have their tasks made easier if the purposes, processes and requirements of the ordinance are more clearly comprehended. Common understanding of the chapter will facilitate adherence to it and the accomplishment of the stated public purposes for all parties affected by the chapter in regard to adherence to its provisions and to the means of amending its text and maps. Definitions that are illustrated in bold capital letters are those which are explicitly used by the zoning and/or subdivision ordinances. Definitions that are illustrated in bold letters are those which may be used by developers, planners or other similar planning documents. For definitions included in this chapter and for additional definitions not specifically defined in this chapter refer to: The New Illustrated Book Of Development Definitions, by Harvey S. Moskowitz and Carl G. Lindbloom, Center For Urban Policy Research, Rutgers University, 1995 edition; Black's Law Dictionary, sixth edition, West Publishing Company, 1990; Model Zoning Ordinance & Model County Subdivision Regulations, HERPICC, Purdue University, 1988; and Replacement Zoning Ordnance and Replacement Subdivision Control Ordinance, Noble County, Indiana, 1987; "Indiana Code, 1993 Edition," West Publishing Company, 1993; The Job of the Practicing Planner, Albert Solnit, American Planning Association, 1988.

   ABANDONMENT. The relinquishing of property, or a cessation of the use of the property, by the owner or lessee without any intention of transferring rights to the property to another owner or of resuming the use of the property.

   ABUT. To physically touch or border upon; or to share a common property line but not overlap.

   ACCESS. A way to means of approach to provide vehicular or pedestrian physical entrance to a property.

   ACCESS POINT. The location of the intersection of a highway or street or driveway with the highway.

   ACCESS ROAD. See STREET, LOCAL.

   ACCESSORY APARTMENT. A dwelling unit that has been added onto, or created within, a single-family house which is also occupied full-time by its owner.

   ACCESSORY BUILDING. A subordinate structure, the use of which is incidental to that of the dominant use of the primary building or land and has a reasonable relationship to the primary use. Refers to a building or use which:

      (1)   Is subordinate to and serves a principal building or principal use;

      (2)   Is subordinate in area, extent or purpose to the principal building or principal use served;

      (3)   Contributes to the comfort, convenience or necessity of occupants in the principal building or principal use served; and

      (4)   Is located on the same zoning lot as the principal building or principal use served with the exception of accessory off-street parking facilities located elsewhere than on the same zoning lot with the principal building or principal use served.

   ACCESSORY USE. A subordinate use which is incidental to that of the primary use, has a reasonable relationship to the primary use, and is a use other than human occupancy.

   ACRE. A unit of land measurement equal to 43,560 square feet (4,047 square meters).

   Acreage. Any tract or parcel of land that has not been subdivided and platted.

   ACTUAL CONSTRUCTION. See § 156.037 below.

   ADAPTIVE REUSE. The development of a new use for an older building or for a building originally designed for a special or specific purpose.

   ADDITION. A structure added onto the original structure sometime after the completion of the original; or an extension or increase in floor area or height of a building or structure.

   ADJOINING LAND. See ABUT.

   ADJOINING LOT. See ABUT.

   ADMINISTRATOR. The officer appointed by and/or delegated the responsibility for the administration of these regulations by the Planning Commission.

   ADULT ARCADE. A commercial establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines, or other image producing machines, for viewing by five or fewer persons per machine at any one time, in which a substantial portion (30% or more) of the total presentation time is devoted to the showing of material which meets the definition of harmful to minors and/or represents or displays sexual conduct.

   ADULT BOOKSTORE, ADULT NOVELTY STORE, ADULT VIDEO STORE. A commercial establishment which has a substantial 30% or more portion of its revenues, floor space or advertising associated with the sale or rental for any form of consideration, of any one or more of the following:

      (1)   Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, CD-ROMS or other forms of visual or audio representations which meet the definition of harmful to minors and/or represent or display sexual conduct; and/or

      (2)   Instruments, devices or paraphernalia which are designed for use in connection with sexual conduct.

   ADULT BUSINESS. Any and all businesses classified as an adult bookstore, adult novelty store, adult video store, adult arcade, adult cabaret, adult motion picture theater, adult theater, nude model studio, sexual encounter center and/or peep show facility, as defined in this chapter.

   ADULT CABARET. Nightclub, bar, restaurant or similar establishment which features live performances which meets the definition of harmful to minors and/or represents or displays sexual conduct to a clientele who pays any form of consideration for the live performance.

   ADULT MOTION PICTURE THEATER. An indoor or outdoor facility with a capacity of six or more persons, where for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion (30% or more) of the total revenue derived from or substantial time (30% or more) is devoted to the showing of material which meets the definition of harmful to minors and/or represents or displays sexual conduct, for observation by patrons.

   ADULT THEATER. A theater, concert hall, auditorium or similar establishment, either indoor or outdoor, which for any form of consideration, regularly features live performances, of which a substantial portion (30% or more) of the total presentation time is distinguished or characterized by an emphasis on activities which meet the definition of harmful to minors, and/or represent or display sexual conduct.

   ADVISORY PLAN COMMISSION. A Planning Commission serving a single local government jurisdiction established as defined under the I.C. 36-7-1-2 (1983), as amended. The City Plan Commission is an ADVISORY PLAN COMMISSION.

   AESTHETIC. The perception of artistic elements or elements in the natural or created environment that are pleasing to the eye.

   AGENCY. See PUBLIC AGENCY.

   Agricultural Building. Any building or structure used for agricultural purposes. See FARM STRUCTURE.

   Agricultural Pollution. The liquid, gaseous and solid wastes from all types of farming, including runoff from pesticides, fertilizers and feedlots, erosion and dust from plowing, animal manure and carcasses, and crop residue and debris.

   AGRICULTURE. The primary use of a tract of land for growing or production of field crops, livestock and livestock products, including the harvesting, storage and primary processing of agricultural products produced.

   Air Contaminant. Dust, fumes, gas, mist, smoke, vapors, odors or other air impurities or any combination of them.

   Air Contaminant Source. Any source of emission of air contaminants, whether derived from privately or publicly owned or operated sources.

   AIR POLLUTION. The presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of characteristics and duration to be injurious to human, plant or animal life or property; or that unreasonably interfere with the comfortable enjoyment of life and property.

   AIRCRAFT. Any contrivance or vehicle designed for flight within or outside of the earth's atmosphere.

   AIRPORT. Any area that is used or is intended to be used for taking off or landing of aircraft and any appurtenant areas that are used or intended to be used for accessory buildings or uses, including open spaces, taxiways and tie-down areas.

   AISLE. The traveled way by which cars enter and depart parking spaces.

   ALLEY. A public or private way primarily designed to serve as a secondary access to the side or rear of those properties whose principal frontage is on some other street and which is not intended for general traffic circulation.

   Amenity. A natural or created feature that enhances the aesthetic quality, visual appeal or makes more attractive or satisfying a particular property, place or area.

   AMERICANS WITH DISABILITIES ACT (ADA). A1990 federal law designed to bring disabled Americans into the economic mainstream by providing them equal access to jobs, transportation, public facilities and services.

   AMUSEMENT AND RECREATION SERVICES. Establishments engaged in providing entertainment for a fee and including such activities as dance halls; studios; theatrical productions; bands, orchestras and other musical entertainment; bowling alleys and billiard and pool establishments; commercial facilities, such as arenas, rings, rinks and racetracks; public golf courses; coin operated devices; amusement parks; membership sports and health clubs; amusement and bathing beaches; swimming pools; riding academies; carnival operations; expositions; game parlors; and horse shows.

   Animal Hospital. See VETERINARY HOSPITAL.

   ANIMAL KENNEL. Any establishment in which animals are housed, boarded, groomed, bred, trained or sold, for commercial gain. See KENNEL.

   ANNEXATION. The incorporation of a land area into an existing community with a resulting change in the boundaries of the community.

   ANTENNA. A device used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based structures.

   APARTMENT BUILDING. A structure containing three or more dwelling units. See DWELLING, MUFTI-FAMILY.

   Apartment Complex. Two or more apartment buildings clustered together.

   Apartment House. A structure containing three or more dwelling units. See DWELLING, MULTI-FAMILY.

   APARTMENT UNIT. One or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit in a building containing three or more dwelling units. See APARTMENT HOUSE and DWELLING, MULTI-FAMILY.

   APPLICANT. The fee simple owner of land who makes application to the City Plan Commission for action by the commission thereby affecting that land.

   APPROVED PLAN. A plan that has been granted final approval by the appropriate approving authority.

   ARCHITECTURAL FEATURE. A prominent or significant part of element of a building, structure or site.

   ARTERIAL (STREET OR ROAD). Either a primary arterial or secondary arterial as defined in this section.

   ARTIFICIAL LAKE. A human-made body of water which has a surface area of six acres or larger.

   ARTIFICIAL POND. A human-made body of water which has a surface area of less than six acres.

   AUCTION HOUSE. A building or structure where art, furniture and other goods are offered for sale to persons who bid on the object in competition with each other.

   AUTOMATIC CAR WASH. A building, or a portion of a building, where automobiles are washed by mechanical devices either automatically or semiautomatically.

   AUTOMOTIVE REPAIR, MAJOR. A building, structure or facility where automobiles, trucks, tractors, trailers, recreational vehicles or buses are repaired and where the repair includes, but is not limited to, engine rebuilding, reconditioning or replacement; collision repair including body, frame or fender straightening, repair or replacement; and overall painting of vehicles.

   AUTOMOTIVE REPAIR, MINOR. A building, structure or facility used for incidental automotive repair, replacement of parts and motor service to motor vehicles, but not including any operation specifically included under AUTOMOTIVE REPAIR, MAJOR.

   AUTOMOTIVE SERVICE STATION. A facility where gasoline or automotive fuel (stored only in underground tanks), kerosene, lubricating oil or grease (for operation of automotive vehicles) are offered for sale to the public on the premises, along with minor accessories and service for automotive vehicles (but not including major automotive repairs) and the washing of vehicles where no chair conveyor, blower or steam cleaning device is employed.

   Automotive Wrecking Yard. Any place where two or more non-operable motor vehicles or where vehicular parts are stored in the open and are not being restored to operation; any land, structure or building used for storing, cutting up, compressing or otherwise disposing of motor vehicles or parts including the commercial salvaging of any other goods, articles or merchandise. See JUNK YARD.

   AVERAGE DENSITY PROCEDURES. Procedures for calculating overall density of development prescribed in this chapter as a flexible tool for maintaining overall densities while allowing individual lot sizes to vary from the minimum size allowed in a given zone.

   Awning. A temporary roof-like cover that projects from the wall of a building and overhangs the public way.

   BAR. Premises used primarily for the sale or dispensing of liquor by the drink for on-site consumption and where food may be available for consumption on the premises as accessory to the principal use.

   Base Map. A map having sufficient points of reference, such as a state, county or municipal boundary lines, streets, easements and other selected physical features, to allow the plotting of other data.

   BASEMENT. A space wholly or partly underground and having more than one-half of its height, measuring from the floor to its ceiling, below the average adjoining finished grade. If the finished floor level directly above a BASEMENT is more than six feet above finished grade at any point, the space is a story.

   Bed and Breakfast Inns. Establishments ranging from four to 20 guest rooms and may include restaurants that cater to the general public as well as to overnight guests. These are treated as commercial enterprises. See also INN.

   BED AND BREAKFASTS; HOMESTAY. A small establishment, having one to three bedrooms for rent to transients as an activity which is subordinate and incidental to the main residential use of the building. These are generally treated as tourist homes.

   BEDROOM. A private room planned and intended for sleeping, separated from other rooms, by a door, and accessible to a bathroom without crossing another bedroom.

   BILLBOARD. See OFF-PREMISE SIGN, OUTDOOR ADVERTISING.

   Blighted Area. An area in which normal development and occupancy are undesirable or impossible because of:

      (1)   Lack of development;

      (2)   Cessation of growth;

      (3)   Deterioration of improvements;

      (4)   Character of occupancy;

      (5)   Age;

      (6)   Obsolescence;

      (7)   Substandard buildings; or

      (8)   Other factors that impair values or prevent a normal use or development of property.

(I.C. 36-7-1-3)

   BLOCK. A tract of land bounded by streets, or by a combination of streets, public lands, public parks, cemeteries, railroad rights-of-way, shorelines of waterways, boundary lines of municipalities or any other barrier to the continuity of development.

   BLOCK FACE. One side of a street between intersections.

   BOARD. The Advisory Board of Zoning Appeals of the city.

   BOARD OF COUNTY COMMISSIONERS. Referred to herein as the county so as not to be confused with the Plan Commission, referred to herein as the Commission.

   BOARDING HOUSE. A building, (other than a hotel or restaurant) not available to transients, in which meals are regularly provided for compensation for at least four inhabitants, but not more than 12 persons, who are not members of the keeper's family, in addition to the owner occupant.

   BOARDING KENNEL. See ANIMAL KENNEL.

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

   BORROW PIT. An excavated area where material has been dug for use as fill at another location.

   BUFFER LANDSCAPING. Any trees, shrubs, walls, fences, berms or related landscaping features required under this chapter or the subdivision regulations to be placed on private property and privately maintained or in public rights-of-way for the purpose of buffering lots from adjacent properties, for aesthetic purposes, and/or for creating sound barriers and/or visual privacy.

   BUILDING. Any roofed structure supported by columns or walls built for the support, shelter, enclosure or protection of persons, animals, chattels or moveable property of any kind (each part of such a structure that is separated from the rest by unbroken party walls is considered to be a separate building for the purposes of this chapter). Any structure with interior areas not normally accessible for human use such as gas holders, oil tanks, grain elevators, coal bunkers and other similar structures are not BUILDINGS.

   BUILDING, ACCESSORY. A subordinate structure on the same lot as the principal or main building or use.

   BUILDING AREA. The horizontal projected area of the buildings on a lot, excluding open areas or terraces, unenclosed porches not more than one story high, and architectural features that project no more than two feet.

   BUILDING CODE. That ordinance, statute or group of ordinances or statutes establishing and controlling the standards for constructing buildings, utilities, mechanical equipment and all forms of structures and permanent installations.

   Building Front Line. The total length of all walls nearest to and parallel with the front line.

   BUILDING HEIGHT. The vertical distance measured from the average elevation of the finished lot grade at the front of the building.

   BUILDING INSPECTOR. The individual designated to enforce the provisions of the Building Code. The construction official.

   BUILDING LINE. The line that establishes the minimum permitted distance on a lot between the front line of a building and the street right-of-way line.

   BUILDING, NONCONFORMING. A legally existing building that fails to comply with the regulations set forth in this chapter applicable to the district in which that building is located.

   BUILDING PERMIT. See IMPROVEMENT LOCATION PERMIT.

   BUILDING, PRINCIPAL. A building in which is conducted the principal use of the lot on which it is located, including a building that is attached to the building in a substantial way, such as by a roof.

   BUILDING SETBACK LINE. A line parallel to the street line at a distance regulated by the front yard requirements in this chapter.

   BULK. The size and mutual relationships of buildings and other structures, as to the size; height; coverage; shape; location of exterior walls in relation to lot lines, to the center line of streets, to other walls of the same building, and to other buildings or structures, and to all open spaces relating to the building or structure.

   Bulk Regulations. Standards and controls that establish the maximum size of buildings and structures on a lot and the buildable area within which the building can be located, including coverage, setbacks, height, floor area ratio and yard requirements.

   BULK STORAGE. The storage of chemicals, petroleum products, grains and other materials in structures for subsequent resale to distributors or retail dealers or outlets and not directly to the consuming public.

   BUSINESS. The purchase, sale or exchange of goods or services, or the maintenance for profit of offices or recreational or amusement enterprises.

   BUSINESS DISTRICT. Refers to the General Business (GB) and Central Business (CB) districts.

   BUSINESS SERVICES. Services provided primarily to other businesses, including but not limited to: advertising, personnel (temporary) services, computer programming, data entry services, printing and duplication services, building maintenance and management services, and tax return preparation services. See PROFESSIONAL SERVICES.

   CAMPGROUND. Any site, lot, field or tract of land under single ownership, or ownership of two or more people, or publicly owned designed with facilities for short term or temporary occupancy by recreational vehicles and other camping equipment for recreation, education or vacation purposes but not including mobile homes.

   CAPITAL IMPROVEMENTS PROGRAM. A proposed schedule of all future projects, listed in order of construction priority, together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditure of public funds, over and above the annual local government's operating expenses, for the purchase, construction or replacement of the more durable, longer lived physical assets for the community are included.

   CARPORT. A roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides.

   CEMETERY. Property used for the interning of the dead. Includes any columbarium, crematory, mausoleum or mortuary operated in conjunction with and on the same tract as the cemetery.

   CENSUS. An official periodic enumeration of designated geographic areas; population, housing and other characteristics.

   Census Tract. Small areas into which large cities and adjacent areas have been divided for statistical purposes.

   CENTRAL BUSINESS DISTRICT (CB). That part of the city, usually centrally located, where historically its commercial activities are concentrated (such as financial services, retail, government, entertainment and office), along with traditional related residential uses. For the purpose of this chapter, CENTRAL BUSINESS DISTRICT has been established to include the city’s core business area.

   CENTRAL SEWERAGE SYSTEM. A community sewer system including collection and treatment facilities established by the developer to serve a new subdivision or an existing public sewer system. See PUBLIC SEWER.

   CENTRAL WATER SYSTEM. A community water supply system including existing and new wells and/or surface water sources and intakes, treatment facilities and distribution lines and includes such of the above facilities established by the developer to serve a new subdivision.

   CERTIFICATE. The signed and attested document which indicates that a subdivision has been granted secondary approval subsequent to proper public notice.

   CHARITABLE ORGANIZATION. A non-profit organization, with federal and state tax exempt status, supported mainly by public and private donations, which are held in trust to be used for the objects and purposes expressed in the institution's articles, constitution, by-laws or charter for the promotion of the welfare of others.

   CHECKPOINT AGENCY. A public agency or organization called upon to provide expert counsel with regard to a specific aspect of community development or required by law to give its assent before subdivision may take place.

   CHILD-CARE CENTER. An establishment providing for the care, supervision and protection of children. See DAY CARE CENTER.

   CHILDREN'S HOME. A children's home, orphanage, institution or other place maintained or conducted for receiving and caring for dependent, neglected, disabled children or children in danger of becoming delinquent or for boarding of children who are unattended by parents or guardian, or person in loco parentis. See GROUP HOME.

   CHIMNEY. A structure containing one or more flues for drawing off emissions from stationary sources of combustion.

   CHURCH. A building or structure, or groups of buildings or structures, that by design and construction are primarily intended for conducting organized religious services and associated accessory uses. See RELIGIOUS INSTITUTION.

   CITY BUILDING CODE. See Building Code.

   CITY COUNCIL. Referred to herein as the CITY.

   City Government. The governmental body of the city empowered to adopt planning and public policy ordinances: the city commission, herein referred to only as the CITY.

   CITY PARK. Property owned by the city and designated for use as a park or for recreational activities.

   CLINIC. An establishment in which patients are admitted for medical or dental study or treatment and in which the services of at least two physicians or dentists are provided.

   CLUSTER. A development design technique that concentrates buildings on a part of the site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive features.

   CLUSTER HOUSING. Developments in which dwelling units are clustered close to their access streets or drives in order to permit aggregation of yard space into larger common recreational spaces.

   COLLECTOR STREET. A street intended to move traffic from local streets to secondary arterials as designated by and shown on the Thoroughfare Plan. (A COLLECTOR STREET serves a neighborhood or large subdivision and shall if at all possible, be designed so that no residential properties face onto it and no driveway access to it is permitted except if the property is to be in multi-family use for three or more dwelling units.)

   COMMERCIAL GREENHOUSE. See GREENHOUSE, COMMERCIAL.

   COMMERCIAL RECREATION FACILITY. A recreation facility operated as a business and open to the public for a fee, including theme parks, miniature golf courses, driving ranges, batting cages, go-cart racing and the like. See PRIVATE RECREATION FACILITY.

   COMMERCIAL USE. Activity involving the sale of goods or services carried out for profit.

   COMMISSION. The City Advisory Plan Commission.

   COMMISSION ATTORNEY. The licensed attorney designated to furnish legal assistance for the administration of this chapter or as provided by statute.

   Community Character. The image of a community or area as defined by such factors as its built environment, natural features and open space elements, type of housing, architectural style, infrastructure and the type and quality of public facilities and services.

   COMPOSTING. A controlled process of degrading organic matter by microorganisms.

   COMPREHENSIVE PLAN. A document which is intended to guide and direct the pattern of physical and social development. Under state law a Comprehensive Plan must contain at least the following elements:

      (1)   A statement of objectives for the future development of the jurisdiction;

      (2)   A statement of policy for the land use development of the jurisdiction; and

      (3)   A statement of policy for the development of public ways, public places, public lands, public structures and public utilities.

(I.C. 36-7-4-501)

   Community Planning. The decision-making process in which goals and objectives are established, existing resources and conditions analyzed, strategies developed and legislation and policies enacted and adopted to achieve the goals and objectives as they relate to communities.

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

   Conditional Use Permit. A permit issued stating that the conditional use meets all conditions set forth in local ordinances.

   CONDOMINIUM. Real estate lawfully subjected to I.C. 32-1-6 (the Horizontal Property Law) by the recordation of condominium instruments, in which undivided interests in the common areas and facilities are vested in the condominium unit owners.

   CONSTRUCTION PLAN(S). The maps or drawings showing the specific location and design of improvements to be installed in accordance with prevailing ordinances and statutes.

   CONVENIENCE STORE. Any retail establishment of 3,500 square feet or less offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods, such as salads, for off-site consumption.

   CORNER LOT. See LOT, CORNER.

   COUNTY. Noble County, Indiana.

   COUNTY ATTORNEY. The licensed attorney designated by the county to furnish legal assistance to the County.

   COUNTY AUDITOR. The Noble County official empowered to examine and settle all accounts and demands that are chargeable against the county.

   COUNTY COMMISSIONERS. The Noble County governmental body empowered to adopt planning and public policy ordinances. Not the County Plan Commission.

   COUNTY ENGINEER. The licensed engineer designated by the county to furnish engineering assistance.

   County Housing Code. See HOUSING CODE.

   COUNTY RECORDER. The Noble County official empowered to record and file land description plats.

   COUNTRY CLUB. Land area and buildings containing golf courses, recreational facilities, a clubhouse and customary accessory uses, open only to members and their guests.

   COVENANT. An agreement written into deeds and other instruments promising performance or nonperformance of certain acts of stipulating certain uses or non-use of property.

   CUL-DE-SAC. A local street with only one combined inlet and outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement including public safety vehicles. The turnaround at the end of a dead-end street.

   CULVERT. A drain, ditch or conduit, not incorporated in a closed system, that carries drainage water under a driveway, roadway, railroad, pedestrian walk or public way.

   CUSTOMARY HOME OCCUPATION. Job or business that is carried out by an occupant from inside the occupant's place of residence, which is a subordinate and incidental to the primary residential use of the property. See § 156.039 below for regulations governing home occupations. See HOME OCCUPATION.

   DAY CARE CENTER. Anyplace operated by a person, society, agency, corporation or institution, or any other group wherein are received for pay three or more children under 18 years of age for group care, without transfer of custody, for less than 24 hours per day.

   DAY CARE HOME. See CUSTOMARY HOME OCCUPATION.

   DEAD-END-STREET. A street or a portion of a street with only one vehicular traffic outlet, and no turnaround at the terminal end.

   DEED. A legal document conveying ownership of real property.

   Deed Restriction. See RESTRICTIVE COVENANT.

   DENSITY. The number of families, individuals, dwelling units, households or housing structures per unit of land.

   DEPARTMENT. See PUBLIC AGENCY.

   DESIGN REVIEW COMMITTEE. A panel established by the city to provide technical services, and recommendations, to the Plan Commission in the administration of this chapter.

   DESIGN STANDARDS. A set of guidelines defining parameters to be followed in site and/or building design and development.

   DESIGNATED OFFICIALS. Those officials designated as required signatories for the execution of secondary approval.

   DETACHED BUILDING. A building that has no structural connection with another building.

   DEVELOPER. The legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase or other persons having enforceable proprietary interests in such land.

   DEVELOPMENT. The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance; and any use or extension of the use of the land.

   Development, Conventional. Development other than planned development or cluster development.

   Development, Major. Any development not a minor development.

   Development, Minor. Any development involving three or fewer lots and/or involving a land area of less than five acres and not requiring the extension of any new streets or other municipal or governmental services.

   DEVELOPMENT PLAN.

      (1)   Specific plans for the residential, commercial or industrial development of property setting forth certain information and data required by the Plan Commission.

      (2)   This information and data may include:

         (a)   The proposed name of the development;

         (b)   The name and address of developers;

         (c)   The location by public way, township and section;

         (d)   The legal description;

         (e)   A map including date, scale and point north, location, size, capacity and use of all buildings and structures existing or to be placed in the development;

         (f)   The nature and density of the operations involved in or conducted in connection with the development;

         (g)   The site layout of the development including the location, size, arrangement and capacity of area; to be used for vehicular access, parking, loading and unloading;

         (h)   The name of public ways giving access to the development and location, width and names of platted public ways, railroads, parks, utility easements and other public open spaces;

         (i)   The layout of proposed public ways, their names and widths, and the widths of alleys, walkways, paths, lanes and easements;

         (j)   A description of the use of adjacent property and identification of the property;

         (k)   The location, size and arrangement of areas to be devoted to planting lawns, trees and other site-screening activities;

         (l)   The proposals for sewer, water, gas, electricity and storm drainage;

         (m)   The contours with spot elevations of the finished grade and the directions of storm runoff;

         (n)   The layout of proposed lots with their numbers and dimensions; and

         (o)   The land use density factors.

   DILIGENTLY. Attentive and persistent; steadily applied; active; laborious; a fair, proper and due degree of care and activity or attention as might be expected from persons of ordinary prudence and activity.

   DISTRICT. A part, zone or geographic area within the city or its jurisdictional area within which certain zoning or development regulations apply.

   DOUBLE-WIDE. Two manufactured housing components, attached side by side, to make one complete housing unit. See MANUFACTURED HOME TYPE I, MANUFACTURED HOME TYPE II and MANUFACTURED HOME TYPE III.

   DRIVE-IN. An establishment selling foods, frozen desserts or beverages to consumers, the establishment being designed, intended or used for the consumption of the items on the premises, but outside of the building in which they were prepared.

   DRIVES, PRIVATE. Vehicular streets and driveways, paved or unpaved, which are wholly within private property except where they intersect with public streets within public rights-of-way.

   DUPLEX. A building containing two single-family dwelling units totally separate from each other by an un-pierced wall extending from ground to roof. See DWELLING, TWO-FAMILY.

   DWELLING. A building or part of a building that is used exclusively for human habitation.

   Dwelling, Efficiency Unit. A dwelling unit consisting of not more than one habitable room together with a kitchen or kitchenette and sanitary facilities.

   Dwelling, Farm. A single-family dwelling, located upon a farm.

   Dwelling, Flat. An upper story apartment which is incidental to the structure's primary use.

   DWELLING, GARDEN APARTMENT. One, two or three story multi-family structures, generally built at a gross density of ten to 15 dwelling units per acre, with each structure containing eight to 20 dwelling units and including related off-street parking, open space and recreation. See DWELLING, MULTI-FAMILY.

   DWELLING, MULTI-FAMILY. A building containing three or more dwelling units, including units that are located one over the other.

   DWELLING, QUADRUPLED. Four attached dwellings in one building in which each unit has two open space exposures and shares one or two walls with adjoining unit or units. See DWELLING, MUFTI-FAMILY.

   DWELLING, SINGLE-FAMILY DETACHED. A building containing one dwelling unit and that is not attached to any other dwelling by any means and is surrounded by open space and yards.

   Dwelling, Single-family, Semi-detached. A one family dwelling attached to one other one-family dwelling by a common vertical wall, with each dwelling located on a separate lot. Single-family, semi-detached are permitted in R3 and R4 districts. See DUPLEX for building requirements.

   DWELLING, TOWNHOUSE. A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. See DWELLING, MULTI-FAMILY.

   DWELLING, TRIPLEX. A building containing three dwelling units, each of which has direct access to the outside or to a common hall. See DWELLING, MULTI-FAMILY.

   DWELLING, TWO-FAMILY. A building on a single lot containing two dwelling units, each of which is totally separated from the other by an un-pierced wall extending from ground to roof or an un-pierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units. See DUPLEX.

   DWELLING UNIT. A dwelling or part of a dwelling used by one family as a place of abode.

   EASEMENT. An authorization grant made by a property owner for use by another of any designated part of his or her property for a clearly specified purpose which is officially recorded.

   Efficiency Apartment. See DWELLING UNIT, EFFICIENCY.

   Emergency Shorter. A facility providing temporary housing for one or more persons who are otherwise temporarily or permanently homeless.

   EMISSION. A discharge of pollutants into the air.

   ENGINEER. See REGISTERED PROFESSIONAL ENGINEER.

   ENVIRONMENT. All external conditions and influences affecting the life, development and ultimately, the survival of an organism.

   ESCROW. A deposit of cash in lieu of an amount required and still in force on a performance or maintenance bond. The ESCROW funds shall be held by the County Auditor or the Clerk-Treasurer of the city.

   ESSENTIAL SERVICES. Services and utilities needed for the health, safety and general welfare of the community, such as underground, surface or overhead electrical, gas, telephone, water, sewerage and other utilities and equipment and appurtenances necessary for the systems to furnish an adequate level of service for the area in which it is located.

   EXCEPTION. Permission to depart from the design standards. The design standards are those outside this chapter, i.e., length of cul-de-sacs, landscaping requirements and the like.

   Exclusionary Zoning. Development regulations that result in the exclusion of low and moderate income and minority families from a community.

   EXEMPT DIVISIONS. See EXEMPT SUBDIVISION.

   EXEMPT DIVISIONS. Are subject only to the provisions of §§ 155.029 and 155.084 of this code of ordinances, and shall be exempt from other provisions of this chapter not specified or referred to in those sections.

   EXEMPT SUBDIVISION. The following kinds of divisions of existing parcels of land are herein called EXEMPT DIVISIONS. These divisions are exempt from most provisions of this chapter:

      (1)   A division of land into two or more tracts of which all tracts are at least ten acres in size;

      (2)   A division of land for the transfer of a tract or tracts to correct errors in an existing legal description, provided that no additional building sites other than for accessory buildings are created by the division;

      (3)   A division of land pursuant to an allocation of land in the settlement of a decedent's estate or a court decree for the distribution of property;

      (4)   A division of land for federal, state or local government to acquire street right-of-way;

      (5)   A division of land for the transfer of a tract or tracts between adjoining lots provided that no additional principal use building sites are created by the division. The lots so created hereunder shall have only one principal use building site each. See PRINCIPAL USE BUILDING; and

      (6)   A division of land into cemetery plots for the purpose of burial of corpses.

   EXISTING USE. The use of a lot or structure at the time of the enactment of a zoning ordinance. The preexisting nonconforming use, legal at the time of the passage of this chapter, but made nonconforming as a result of the ordinance, which has a legal right to continue.

   EXTENDED CARE FACILITY. A long-term facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged, or a governmental medical institution.

   Facade. The exterior walls of a building exposed to the public view or that wall viewed by persons not within the building.

   FACTORY. A building in which raw material and semifinished or finished materials are converted to a different form or state or where goods are manufactured, assembled, treated or processed. Use considered industrial.

   FAMILY. One or more persons sharing meals and living as a single housekeeping unit.

   FARM, CONFINEMENT FEEDING. Any operation involving the production of livestock or fowl or related operations, indoors and outdoors, within buildings or structures, or in paved or unpaved feed lots.

   FARM, GENERAL. An area used for agricultural operations, including truck gardening, forestry, the operating of a tree or plant nursery, or the production of livestock and poultry. Note: the production of livestock and poultry is considered confinement feeding and is permitted only in areas specifically designated for agricultural use in §§ 156.020 through 156.041 below.

   FARM, EQUIPMENT SALES OR SERVICE. Land whose primary purpose is for the sale or repair of farm machinery.

   FARM STRUCTURE. Any building or structure used for agricultural purposes. See AGRICULTURAL BUILDINGS.

   FAST-FOOD RESTAURANT. An establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building, in cars on the premises, or off the premises.

   Feedlot. A confined area or structure, pen or corral, used to fatten livestock prior to final shipment.

   FENCE. An artificially constructed barrier of any material or combination of materials erected to enclose, screen or separate areas.

   FINAL PLAT. The map, drawing or plan described in this chapter of a subdivision and any accompanying material submitted for secondary approval, and which if approved and signed by the designated officials, may be submitted to the County Recorder for recording.

   FLAT. See DWELLING, FLAT.

   FLEA MARKET. An occasional or periodic market held in an open area or structure where groups or individual sellers offer goods for sale to the public.

   FLOOD HAZARD AREAS. Those flood plains which have not been adequately protected from flooding caused by the regulatory flood, and are shown on the zoning map and/or on the flood hazard or floodway-flood boundary maps of the Federal Insurance Administration or maps provided to the Commission from the State Natural Resources Commission or by ordinance.

   FLOOD PLAIN. The area adjoining the river or stream which has been or may hereafter be covered by flood water from the regulatory flood.

   FLOOD PROTECTION GRADE. The elevation of the lowest floor of a building, including the basement, which shall be two feet above the elevation of the regulatory flood.

   FLOODWAY. See REGULATORY FLOODWAY.

   FLOODWAY FRINGE. The portion of the flood plain lying outside the floodway, which is inundated by the regulatory flood.

   FOUNDATION. The supporting member of a wall or structure.

   FRONT LINE. With respect to a building, means the foundation line that is nearest the front lot line. See BUILDING FRONT LINE.

   FRONT LOT LINE. The side of a lot abutting on a street or way. Lots shall not be considered to front on stub ends of streets and corner lots will be considered to front on both intersecting streets or ways. (No access for any one lot is permitted to more than one street and that street generally will be the one calculated to have lower traffic volumes.)

   FRONT YARD. A space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line.

   FRONTAGE. See FRONT LOT LINE.

   FRONTAGE STREET. Any street to be constructed by the developer or any existing street in which development shall take place on both sides.

   FUNERAL HOME. A building used for the preparation of the deceased for burial and the display of the deceased and rituals connected therewith before burial or cremation. See MORTUARY.

   GARAGE, PRIVATE RESIDENTIAL. A structure that is accessory to a residential building and that is used for the parking and storage of vehicles owned and operated by the residents thereof and that is not a separate commercial enterprise available to the general public. See ACCESSORY STRUCTURE.

   Garage, Public. Any building or structure other than a private garage which is used for the storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.

   GARDEN APARTMENT. See DWELLING, GARDEN APARTMENT.

   GENERAL INDUSTRIAL USE. See INDUSTRIAL, GENERAL.

   GOVERNING BODY. The body of the relevant local government having the power to adopt ordinances.

   GRADE.

      (1)   The average elevation of the land around a building; and

      (2)   The percent of rise or descent of a sloping surface.

   GREENHOUSE. A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.

   GREENHOUSE, COMMERCIAL. A greenhouse used to raise flowers, shrubs or plants for sale. See GREENHOUSE, NURSERY.

   Ground Cover. Grasses or other plants and landscaping grown to keep soil from being blown or washed away.

   GROUND FLOOR. The first floor of a building other than a cellar or basement.

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

   GROUP HOME. A single self-contained children's home established and operated by the County Department of Welfare, licensed private child placement agency or licensed incorporated group established for the purpose of receiving and caring for up to eight children who are attended by house "parents." See CHILDREN'S HOME.

   Growth Management. Techniques used by the government to control the rate, amount, location, timing and type of development.

   HARDSHIP. A perceived difficulty with regard to one's ability to improve land stemming from the application of the development standards of this chapter, which may or may not be subject to relief by means of variance. In and of themselves, self-imposed situations and claims based on a perceived reduction of or restriction on economic gain shall not be considered HARDSHIPS. Self-imposed situations include: the purchase of land with actual or constructive knowledge that, for reasons other than physical characteristics of the property, the development standards herein will inhibit the desired improvement; any improvement initiated in violation of the standards of this chapter; any result of land division requiring variance from the development standards of this chapter in order to render that site buildable.

   HARMFUL TO MINORS. As defined in I.C. 35-49-2-2 (and as it may from time to time be amended). A matter or performance is harmful to minors for purposes of this chapter, if:

      (1)   It describes or represents, in any form, nudity, sexual conduct, sexual excitement or sado-masochistic abuse;

      (2)   Considered as a whole, it appeals to the prurient interest in sex of minors;

      (3)   It is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable matter for or performance before minors; and

      (4)   Considered as a whole, it lacks serious literary, artistic, political or scientific value for minors.

   HEALTH CARE FACILITY. A facility or institution, whether public or private, principally engaged in providing services for health maintenance and the treatment of mental or physical conditions.

   HEALTH DEPARTMENT and HEALTH OFFICER. The agency and person designated to administer and enforce the health regulations.

   HEAVY INDUSTRIAL. See INDUSTRIAL, HEAVY.

   HEIGHT. With respect to a building, means the vertical distance from the lot ground level to the highest point, for a flat roof; to the deck line, for a mansard roof; and to the mean height between eaves and ridges, for a gable, hip or gambrel roof.

   HIGH DENSITY. Those residential zoning districts in which the density is equal to or greater than one dwelling unit per 10,000 square feet.

   HIGHWAY, LIMITED ACCESS. A freeway, or expressway, providing 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 points and in a manner as may be determined by the public authority having jurisdiction over such a highway.

   HISTORIC DISTRICT. A district or zone designated by a local authority or state or federal government in which the buildings, structures, appurtenances and places are of basic and vital importance because of their association with history; or because of their unique architectural style and scale, including color, proportion, form and architectural detail; or because of their being a part of or related to a square, park or area the design or general arrangement of which should be preserved and/or developed according to a fixed plan based on cultural, historical or architectural motives or purposes.

   HISTORIC PRESERVATION. The protection, rehabilitation and restoration of districts, sites, buildings, structures and artifacts significant in history, architecture, archaeology or culture. See ADAPTIVE REUSE.

   HISTORIC SITE. See HISTORIC DISTRICT.

   HOME OCCUPATION. Any activity earned out for gain by a resident and conducted as a customary, incidental and accessory use in the resident's dwelling. See CUSTOMARY HOME OCCUPATION.

   Home Professional Office. A home occupation consisting of the office of a practitioner of a recognized profession.

   HOME SERVICE. The use of a home for a business or professional service which does not involve treating or attending a person or animal, except consultation or treatment by members of the medical and dental professions, beauticians, seamstresses and day care homes, which is established entirely within a dwelling unit and is conducted only by members of the family residing in the same dwelling unit. See CUSTOMARY HOME OCCUPATION.

   HOSPITAL. An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, medical offices and staff residences.

   HOTEL. A facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, entertainment and recreational facilities.

   HOUSING CODE. The ordinance controlling the continuing safety and healthfulness of buildings for human occupation.

   HOUSING UNIT. A room or group of rooms used by one or more individuals living separately from others in the structure, with direct access to the outside or to a public hall and containing separate bathroom and kitchen facilities. See DWELLING UNIT.

   ILLUMINATED SIGN. See SIGN, ILLUMINATED.

   IMPROVEMENT LOCATION PERMIT. A document issued under §§ 156.125 through 156.135 of this chapter permitting a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure within its jurisdiction, or cause the same to be done or to change the use or condition of the land.

   IMPROVEMENTS. See LOT IMPROVEMENTS or PUBLIC IMPROVEMENTS.

   Incentive zoning. The granting by the approving authority of additional development capacity in exchange for the developer's provision of a public benefit or amenity.

   INCLUSIONARY ZONING. Regulations that increase housing choice by establishing requirements and providing incentives to construct housing to meet the needs of low and moderate income households.

   INDIANA CODE. The laws of the State of Indiana as published by the Indiana Legislative Council or The Burns Indiana Statutes Code Edition, which codifies all state statutes for reference purposes. The latest edition with any amending supplements must be referred to for the laws "now" in force and applicable. Usually abbreviated as I.C. herein.

   INDIVIDUAL SEWAGE DISPOSAL SYSTEM. A system for the treatment and disposal of sanitary sewage in the ground on the lot upon which the primary use is located.

   INDUSTRIAL, GENERAL. Industrial zones that are intended to provide areas for fabricating, manufacturing and processing industries where the operation is enclosed within a building and conducted in such a manner that no adverse impacts are created or emitted outside the building. Parameters for general industrial zones are outlined in § 156.020(K) below.

   INDUSTRIAL, HEAVY. Industrial zones that are intended to provide areas for intense industrial uses such as fabricating, manufacturing, processing, extraction, heavy repair and dismantling industries where outside operations and storage areas may be required. Parameters for heavy industrial zones are outlined in § 156.020(L) below.

   INDUSTRIAL, LIGHT. Industrial zones that are intended to provide areas in which goods are produced for direct consumption by consumers. Parameters for light industrial zones are outlined in § 156.020(J) below.

   INDUSTRIAL PARK. A tract of land that is planned, developed and operated as an integrated facility for a number of individual industrial uses, with consideration to transportation facilities (rail and highway), circulation, parking, utility needs, aesthetics, environmental regulations and compatibility.

   INFRASTRUCTURE. Facilities and services needed to sustain industry, residential, commercial and all other land use activities.

   INN. A commercial facility for the housing and feeding of transients.

   INTERESTED PARTIES. Those parties who are owners of properties adjoining or adjacent to the property for which a zoning change is being sought.

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

   INTERMEDIATE CARE FACILITY. A facility that provides, on a regular basis, personal care, including dressing and eating and health-related care and services, to individuals who require such assistance but who do not require the degree of care and treatment that a hospital or skilled nursing facility provides.

   JOINT OWNERSHIP. The equal estate interest of two or more persons. JOINT OWNERSHIP among persons shall be construed as the same owner; "constructive ownership".

   JUICE BAR. An adult cabaret which does not serve alcoholic beverages.

   JUNK YARD. A place, usually outdoors, where waste or discarded used property other than organic matter, including but not limited to automobiles, farm implements and trucks, is accumulated and is or may be salvaged for reuse or resale.

   JURISDICTIONAL AREA. A "buffer" or "fringe" area located outside of the municipal boundaries of the city, extending up to two miles from the corporate boundaries, which is under the planning and zoning jurisdiction of the city.

   KENNEL. Any establishment in which dogs or domesticated animals are housed, groomed, bred, boarded, trained or sold, all for a fee or compensation. Also, see ANIMAL KENNEL.

   LAND DIVIDER. The owner of a parcel of land to be further divided through making an exempt division.

   LAND USE. A term used to indicate the utilization of any piece of land. The way in which land is being used is the LAND USE. A study of the existing use of land usually provides the basis for the formulation of a land use plan in a community and the establishment of district boundaries in a zoning ordinance.

   Land Use Plan. The proposed or projected utilization of land. It is usually presented in a map form, indicating areas best suited for residential, commercial, industrial, agricultural and other types of uses. The map is supported by a written text explaining the underlying policy and the principles upon which it is based. It is one of the major components of a community's comprehensive plan.

   LANDFILL. A disposal site in which refuse and earth, or other suitable cover material, are deposited and compacted in alternative layers of specified depth in accordance with an approved plan. See SANITARY LAND FILL.

   LANDSCAPING. See BUFFER LANDSCAPING, SCREENING and SHADE TREES.

   LARGE LOT DEVELOPMENT. Low density residential development that requires a large parcel of land (one acre or more) for each dwelling.

   LAUNDROMAT. An establishment providing washing, drying or dry-cleaning machines on the premises for rental use to the general public.

   LIGHT INDUSTRIAL. See INDUSTRIAL, LIGHT.

   LOADING BERTH. An off-street space or berth used for the loading or unloading of cargo, products or materials from vehicles.

   LOCAL STREET. A street intended to provide access to other streets from individual properties and to provide right-of-way beneath it for sewer, water and storm drainage pipes.

   LODGING HOUSE. A building, not available to transients, in which lodgings are regularly provided for compensation for at least three persons in addition to the owner occupant.

   LOT. A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or of building development.

   LOT AREA. The horizontal projected area of a lot measured from the front lot line, to the rear lot line, to both side lot lines. Does not include public rights-of-way.

   LOT, CORNER. A lot situated at the intersection of two streets, the interior angle of the intersection not exceeding 135 degrees. A lot with streets abutting more than two sides shall also be a CORNER LOT.

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

   LOT GROUND LEVEL.

      (1)   For a building having walls abutting (that is, generally parallel to and not more than five feet from) one street only, means the elevation of the sidewalk at the center of the wall abutting the street;

      (2)   For a building having walls abutting more than one street, means the average of the elevations of the sidewalk at the centers of all walls that face streets; and

      (3)   For a building having no wall abutting a street, means the average level of the ground adjacent to the exterior walls of the building.

   LOT IMPROVEMENT. Any building, structure, work of art or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of the betterment. Certain LOT IMPROVEMENTS shall be properly bonded.

   LOT LINE. A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space.

   LOT WIDTH. The distance between the side lot lines as measured on the front building line.

   LOW DENSITY. Those residential zoning districts in which the density is equal or less than one dwelling unit per 40,000 square feet.

   MAJOR STREET. A collector or arterial street.

   MAJOR STREET PLAN. See OFFICIAL MAP.

   MAJOR SUBDIVISION. Any subdivision not classified as a minor subdivision. Such a subdivision of land is regulated under the Chapter 155 of this code.

   Mall. A shopping center where stores front both sides of a pedestrian way, which may be open or closed.

   MANEUVERING AISLE. A maneuvering space which serves two or more parking spaces, such as the area between two rows of parking spaces and/or the driveway leading to those spaces.

   MANEUVERING SPACE. An open space in a parking area which: is immediately adjacent to a parking space; is used for and/or is necessary for turning, backing or driving forward a motor vehicle into the parking space; but is not used for the parking or storage of motor vehicles.

   MANUFACTURED HOME. A structure, fabricated in an off-site manufacturing facility, which is transportable in one or more sections and is designed for uses as a dwelling with or without a permanent foundation when connected to the required utilities. Such a structure may or may not be built on an integral chassis. The term MANUFACTURED HOME shall not include a "recreational vehicle."

   MANUFACTURED HOME PARK. A parcel of land designed for the use by one or more Type II or Type III manufactured homes which provides the infrastructure and utilities necessary for single-family occupancy of those homes.

   MANUFACTURED HOME, TYPE I. A single-family dwelling unit designed and built in a factory, installed as a permanent residence, which bears a seal certifying that it was built in compliance with the federal Manufactured Housing Construction and Safety Standards Law (1974 (U.S.C. §§ 5401 et seq.)) and which also complies with the following specifications:

      (1)   Shall have been constructed after January 1,1981 and must exceed 950 square feet of occupied space per I.C. 36-7-4(d);

      (2)   Is attached to a permanent underfloor foundation of masonry construction, which is not pierced, except for required ventilation and access; and has a permanent perimeter enclosure constructed in accordance with the One and Two Family Dwelling Code;

      (3)   Has wheels, axles and towing chassis removed;

      (4)   Has a pitched roof with a minimum rise of 2/12;

      (5)   Consists of two or more sections which, when joined, have a minimum dimension of 20 feet by 47.5 feet in length or width enclosing occupied space; and

      (6)   Have siding and roofing material of a type customarily used on dwellings constructed on-site;

   MANUFACTURED HOME, TYPE II. A structure, fabricated in an off-site manufacturing facility for installation of assembly at a building site, bearing a seal certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standards Act (42 U.S.C. §§ 5401 et seq.) or I.C. 22-15-4-1 (as opposed to a Type I manufactured home which is built in the conformance with the State One and Two Family Dwelling Code). To be considered a Type II manufactured home, the structure must:

      (1)   Contain at least 950 square feet of occupied space per dwelling unit;

      (2)   Be a double or multiple section unit;

      (3)   Be placed on a permanent under-floor foundation installed in conformance with the State One and Two Family Dwelling Code and according to the manufacture's installation specifications;

      (4)   Be placed onto a permanent perimeter enclosure in conformance with the State One and Two Family Dwelling Code;

      (5)   Have the wheels, axles and hitch mechanisms removed;

      (6)   Have siding and roofing material of a type customarily used on dwellings constructed on-site;

      (7)   Be connected to all the utilities necessary for the occupancy of the unit in conformance with the State One and Two Family Dwelling Code; and

      (8)   Have been constructed after January 1,1981.

   MANUFACTURED HOME, TYPE III. A structure, fabricated in an off-site manufacturing facility, which is transportable in one or more sections and is designed for use as a single-family dwelling. A mobile home would meet this definition. To be considered a TYPE III MANUFACTURED HOME, the structure must:

      (1)   Be properly connected to all utilities necessary for the occupancy of the unit; and

      (2)   Be set on piers and properly skirted, with wheels and axles removed, in a manufactured home park.

   MANUFACTURED HOME SUBDIVISION. A parcel of land platted for subdivision and designed or intended for lots to be conveyed by deed to individual owners for residential occupancy by manufactured homes.

   MAP. A representation of a part or the whole of the earth's surface, in signs and symbols, on a plane surface, at an established scale, with a method of orientation indicated.

   MARKER. A stake, pipe, rod, nail or any other object which is not intended to be a permanent point for record purposes.

   MASTER PLAN. See COMPREHENSIVE PLAN.

   MAXIMUM LOT COVERAGE. The greatest amount, percentage, of structure coverage permitted on a lot.

   MEDIUM DENSITY. Those residential zoning districts in which the density is between 10,000 and 40,000 square feet per dwelling unit.

   MILE. A linear measure equal to 5,280 feet, 1,760 yards or 1.6 kilometers.

   MINERAL EXTRACTION.

      (1)   Mining or quarrying; and

      (2)   Removal of earth materials.

   MINI-MALL. A shopping center of 80,000 to 150,000 square feet on a site of eight to 15 acres where tenants are located on both sides of a covered walkway with direct pedestrian access to all establishments from the walkway.

   Mini-Warehouse. See SELF SERVICE STORAGE FACILITY.

   MINIMUM LOT AREA. The least amount of square footage required for a lot to be approved for a particular use.

   MINOR SUBDIVISION. The division of any previously divided parcel into not more than three parcels or lots and requiring no new streets or easements of access, and which division is not in conflict with any other provisions, provided however, there shall be no more than one minor plat resulting from one root parcel.

   MIXED-USE DEVELOPMENT. The development of a tract of land, building or structure with a variety of complementary and integrated uses, such as, but not limited to, residential, office, manufacturing, retail, public or entertainment, in a compact urban form.

   Mixed-Use Zoning. Regulations that permit a combination of different uses within a single development.

   MOBILE HOME. Any vehicle without motive power designated by the manufacturer or maker with hitch and undercarriage to permit attachment of axles and wheels, and so designed to permit its being used as a conveyance upon public streets and highways and so designed, constructed or reconstructed as will permit the vehicle to be used as a single-family dwelling. See MANUFACTURED HOME, TYPE III.

   Mobile Home Park. A subdivision containing spaces with the required improvements and utilities for the long term placement of mobile homes. See MANUFACTURED HOME PARK.

   Mobile Home Space. A plat of land for placement of a single mobile home within a mobile home park.

   MODEL HOME. A dwelling unit used initially for display purposes which typifies the kind of units that will be constructed in the subdivision. The dwelling units may be erected, at the discretion of the Commission, by permitting a portion of a major subdivision involving no more than two lots to be created according to the procedures for minor subdivisions, as set out in these regulations.

   Modular Housing. See MANUFACTURED HOUSING.

   MONUMENT. A physical structure which marks the location of a corner or other survey point.

   MORTUARY. A place where dead bodies are kept before burial or cremation. See FUNERAL HOME.

   MOTEL. An establishment providing sleeping accommodations with a majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

   National Ambient Air Quality Standards. Standards promulgated by the federal Environmental Protection Agency for specified air pollutants, including suspended particulates, sulfur dioxide, ozone, hydrocarbons and lead.

   NEIGHBORHOOD. An area of a community with characteristics that distinguish it from other areas and that may include distinct ethnic or economic characteristics, housing types, schools or boundaries defined by physical barriers, such as major highways and railroads or natural features, such as rivers.

   NONCONFORMING USE. A building, structure or use of land existing at the time of enactment of this chapter, which does not conform to the regulations of the district in which it is situated.

   NONRESIDENTIAL SUBDIVISION. A subdivision whose intended use is other than residential, such as commercial or industrial. The subdivision shall comply with all applicable provisions.

   NONRESIDENTIAL USE. Any use other than residential.

   NOXIOUS CHEMICALS. Chemicals that can only be manufactured in I3 (Heavy Industrial) districts. These include ammonia, acetylene, carbide, carbon black, caustic soda, cellulose, fertilizer, hydrogen, nitrates, oxygen, plastics, proxylene, potash, synthetic resins and turpentine. NOXIOUS CHEMICALS do not include pharmaceutical products, household chemicals, cleaning products, ink, glue, sizing, paint, lacquers, shellac, varnish, reducers and removers, tanning materials, tar products and other similar products; these may be manufactured in I2 (General Industrial) districts.

   NUDE MODEL STUDIO. A place where a person who appears in a state of nudity is observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any other form of consideration, in which the display is characterized by an emphasis on activities which meet the definition of harmful to minors and/or represent or display sexual conduct. This definition shall not apply to colleges or universities who are accredited by a nationally recognized accrediting organization.

   NUDITY. The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of covered male genitals in a discernable turgid state. BUTTOCK means either of the two rounded prominences on the human torso that are posterior to the hips and formed by the gluteal muscles to the hips and underlying structures.

   NURSERY. Land or greenhouses used to raise flowers, shrubs and plants for sale. See GREENHOUSE.

   NURSING HOME. See INTERMEDIATE CARE FACILITY, EXTENDED CARE FACILITY, HOSPITAL.

   OCCUPIED SPACE. The total area of earth horizontally covered by the structure, excluding garages, patios and porches and other accessory structures.

   OFFICE BUILDING. A building used primarily for conducting the affairs of a business, profession, service, industry or government or like activity, and may include ancillary services for office workers, such as a restaurant, coffee shop, newspaper or candy stand, and child-care facilities.

   OFF-SITE. Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.

   OFF-PREMISE SIGN. Billboard or display used for advertising. See SIGN.

   OFF-SITE PARKING. Parking which is provided in a separate location from the business or use which it is intended to serve.

   OFF-STREET PARKING SPACE. A temporary storage area for a motor vehicle that is directly accessible to an access aisle and that is not located on a dedicated street right-of-way.

   OFFICIAL MAP. The map or maps established by the city pursuant to law showing the existing and proposed streets, highways, parks, drainage systems and set-back lines theretofore laid out, adopted and established by law, and any amendments or additions thereto adopted by the city or additions thereto resulting from the approval of subdivision plats by the Commission and the subsequent filing of the approved plats.

   OFFICIAL MASTER PLAN. See Comprehensive Plan.

   ON-SITE. Located on the lot that is the subject of an application for development.

   ON-SITE PARKING. Parking which is located adjacent to the use which it serves.

   ON-STREET PARKING SPACE. A temporary storage area for a motor vehicle that is located on a dedicated street right-of-way.

   ONE- AND TWO-FAMILY DWELLING CODE, INDIANA. The nationally recognized model building code adopted by the State Department of Fire Prevention and Building Safety as mandated by Public Law 360, Act of 1971, being 42 U.S.C. §§ 5401 et seq., and, which includes those supplements and amendments promulgated by this agency.

   OPEN SPACE. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners, occupants and their guests of land adjoining or neighboring the open space.

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

   ORDINANCE. Any legislative action, however denominated, of a local government which has the force of law, including any amendment or repeal of any ordinance.

   Outdoor Advertising. Billboard or display used for advertising. See SIGN.

   OWNER. Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or having sufficient proprietary interest in the land.

   PARCEL. A part or portion of land having a legal description formally set forth in a conveyance together with the boundaries thereof, in order to make possible its easy identification.

   PARK. A tract of land, designated and used by the public for active and passive recreation.

   PARKING AREA. A group of parking spaces, exclusive of any part of a street or alley, designed or used for the temporary parking of motor vehicles.

   PARKING GARAGE. A garage, where parking but not repairs are available to the public.

   PARKING SPACE. An open space exclusive of maneuvering aisle and driveway for the parking of a motor vehicle.

   PEEP SHOW FACILITY. An establishment utilizing a device operated manually, mechanically, magnetically, electrically or electronically which exhibits, displays, projects or illuminates photographed, videotaped or magnetically reproduced images, or exposes live entertainment to the viewer, in which the viewer is in a booth or stall distinguished or characterized by an emphasis on matter depicting sexual conduct or nudity for observation by patrons thereof.

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

   PERMANENT FOUNDATION. A 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, except for necessary openings, constructed in accordance with the One and Two Family Dwelling Code.

   PERMIT. Written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law but not allowed without authorization.

   PERSON. A corporation, firm, partnership, association, organization, unit of government or any other group that acts as a unit, as well as a natural person.

   PETROLEUM BULK STORAGE and DISTRIBUTION FACILITY. A facility designed as an above ground storage facility for petroleum or petroleum products.

   PLANNED DEVELOPMENT or PLANNED UNIT DEVELOPMENT. A means of land regulation which permits large scale, unified land development in a configuration and possibly a mix of uses not otherwise permitted as-of-right under the City Zoning Ordinance but requiring under that ordinance a special review and approval process. See §§ 156.085 through 156.097 below for requirements.

   Planner. Professional who assist in the planning and development process and who provides technical assistances to the communities for whom they work.

   PLANNING. The process of setting development goals and policy, gathering information, evaluating that information and developing alternatives for future action based on previous analysis is commonly referred to as PLANNING. In a community, PLANNING is a joint effort of the citizens, elected officials, Planning Commission and planning staff. It consists of identifying the physical, social and economic factors that affect an area part of the community; defining the community's goals and objectives; and after careful evaluation of the information and possible alternatives for the future, selecting a course of action most likely to bring the community closer to its desired goals.

   PLANNING COMMISSION.

      (1)   A group of citizens appointed by the mayor or chairperson of the board of county commissioners to research, survey, analyze and make recommendations on current and long-range land development policies, resource management, ordinances and administrative decisions such as subdivisions plats, shoreline permits and rezone request.

      (2)   The PLANNING COMMISSION functions as a fact-finding and advisory board to the elected officials, but its main function is to recommend a comprehensive plan and implement measures to be adopted by the city council or board of county commissioners.

      (3)   I.C. 36-7-4-207 states that the membership of an Advisory Planning Commission, such as the one in the city, in a city having a park board and city civil engineer shall consist of nine members, as follows:

         (a)   One member appointed by the city legislative body from its membership;

         (b)   One member appointed by the park board membership;

         (c)   One member or designated representative appointed by the city works board; and

         (d)   The city civil engineer or a qualified assistant appointed by the city civil engineer.

   PLAT. A map indicating the subdivision or resubdivision of land filed or intended to be filed for record with the County Recorder.

   PRELIMINARY PLAT. The preliminary drawing or drawings indicating the proposed manner or layout of the subdivision to be submitted for approval.

   PRIMARY APPROVAL (PRELIMINARY PLAT APPROVAL). An approval (or an approval with conditions imposed) granted to a subdivision after having determined in a public hearing that the subdivision complies with the standards prescribed.

   PRIMARY ARTERIAL. A street intended to move through-traffic to and from the major attractions as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas and similar traffic generators within the city or county, and/or as a route for traffic between communities; a major intra or intercity thoroughfare as designated by and shown on the Thoroughfare Plan.

   PRINCIPAL USE BUILDING. A building in which the principal use of the lot or parcel on which it is located is conducted. Standards recognized by the State Department of Fire Prevention and Building Safety shall be used to determine whether a given structure constitutes one or more buildings in cases where ambiguities exist.

   PRIVATE CAMP. An area of land used or designed to be used to accommodate groups or organized camping parties, including cabins, tents, food service and recreational facilities.

   PRIVATE GARAGE. A garage whose principal use is to house motor vehicles for the accommodation of related dwelling units or related business establishments.

   PRIVATE RECREATION FACILITY. A recreational facility operated by a nonprofit organization and open only to bona fide members and guest of the nonprofit organization. See COMMERCIAL RECREATION FACILITY.

   PRIVATE SCHOOL. A school other than a public school.

   PROFESSIONAL OFFICE. An office used by members of a recognized profession including but not limited to accountants, architects, artists, dentists, engineers, lawyers, musicians, physicians, surgeons or pharmacists, Realtors and insurance agents and brokers.

   PROFESSIONAL SERVICES. See PROFESSIONAL OFFICE.

   PUBLIC AGENCY. An agency or government department acting under the aegis of and representing an elected or appointed council, commission or other policy-making or advisory body of federal, state or local government for whom it is responsible.

   PUBLIC BUILDING. Any building, structure, facility or complex used by the general public, whether constructed by any state, county or municipal government agency or instrumentality or any private individual, partnership, association or corporation, including, but not limited to, assembly buildings, such as auditoriums, libraries, public eating places, schools and theaters; business buildings, such as offices; and factories and industrial buildings.

   PUBLIC DOMAIN. All lands owned by the government.

   PUBLIC IMPROVEMENT. Any drainage ditch, street, highway, parkway, sidewalk, pedestrian-way, tree, lawn, off-street parking area, lot improvement or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established. All those IMPROVEMENTS shall be properly bonded.

   PUBLIC NOTICE. The advertisement of a public hearing in a paper of general circulation, and through other media sources, indicating the time, place and nature of the public hearing and where the application and pertinent documents may be inspected.

   PUBLIC SEWER. Any system, other than an individual septic tank, tile field or individual well, that is operated by a municipality, governmental agency or a public utility for the collection, treatment and disposal of wastes.

   PUBLIC UTILITY. A closely regulated enterprise with a franchise for providing to the public a utility service deemed necessary for the public health, safety and welfare.

   QUADRUPLED. See DWELLING, QUADRUPLES.

   Quarry. A place where rock, ore, stone and similar materials are excavated for sale or for off tract use.

   REAR LOT LINE. The lot line opposite and most distant from the front lot line. In the case of triangular or otherwise irregularly shaped lots, a line ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

   REAR YARD. A space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line.

   RECREATION FACILITY. See PRIVATE RECREATION FACILITY or COMMERCIAL RECREATION FACILITY.

   RECREATIONAL VEHICLE. A portable vehicular structure designed as a temporary dwelling for travel and vacation uses which:

      (1)   Is identified on the unit by the manufacturer as a travel trailer or a motor home; and

      (2)   Of a size that is street legal, or:

         (a)   Is a structure mounted on an automobile or truck; and

         (b)   Is designed to be used for sleeping and human habitation.

   RECYCLING. The process by which waste products are reduced to raw materials and transformed into new and often different products.

   RECYCLING CENTER. A lot or parcel of land, with or without buildings, upon which used materials are separated and processed for shipment for eventual reuse in new products.

   REDEVELOPMENT. Includes the following activities:

      (1)   Acquiring real property in blighted areas;

      (2)   Replatting and determining the proper use of real property acquired;

      (3)   Opening, closing, relocating, widening and improving public ways;

      (4)   Relocating, constructing and improving sewers, utility services, off-street parking facilities and levees;

      (5)   Laying out and constructing necessary public improvements, including parks, playgrounds and other recreational facilities;

      (6)   Restricting the use of real property acquired according to law;

      (7)   Repairing and maintaining buildings acquired, if demolition of those buildings is not considered necessary to carry out the redevelopment plan;

      (8)   Rehabilitating real or personal property, whether or not acquired, to carry out the redevelopment or urban renewal plan;

      (9)   Disposing of property acquired on the terms and conditions and for the uses and purposes that best serve the interests of the units served by the redevelopment commission;

      (10)   Making payments required or authorized by I.C. 8-23-17 (State Department of Transportation relocation assistance); and

      (11)   Performing all acts incident to the statutory powers and duties of a redevelopment commission. See ADAPTIVE REUSE.

(I.C. 36-7-1-18)

   REFURBISHED. To renovate or to make fresh.

   REGISTERED LAND SURVEYOR. A land surveyor properly licensed and registered or through reciprocity permitted to practice in the state.

   REGISTERED PROFESSIONAL ENGINEER. An engineer properly licensed and registered in the state or permitted to practice in the state through reciprocity.

   REGULATORY FLOOD. The flood having a peak discharge which can be equaled or exceeded on the average of once in a 100-year period, as calculated by a method and procedure which is acceptable to and approved by the State Natural Resources Commission; this flood is equivalent to a flood having a probability of occurrence of 1% in any given year.

   REGULATORY FLOOD ELEVATION. The maximum elevation, as established by the State Department of Natural Resources, reached by the regulatory flood at the locations in question relevant to approval of a given subdivision under consideration.

   REGULATORY FLOODWAY. The channel of a river or stream and those portions of the flood plains adjoining the channel which are reasonably required to efficiently carry and discharge peak flow of the regulatory flood of any river or stream and, is that area covered by flood waters in significant downstream motion or covered by significant volumes of stored water during the occurrence of the regulatory flood.

   RELIGIOUS INSTITUTION. A church, synagogue, mosque, temple or building which is used primarily for religious worship of a supreme being or beings.

   RENOVATE. To restore or make like new. See ADAPTIVE REUSE, HISTORIC PRESERVATION.

   RESIDENTIAL DISTRICT. Those districts, areas, whose primary use is for housing. They are classified as R1, R2, R3, R4 and R5 as described under § 156.020.

   RESTAURANT. An establishment where food and drink are prepared, served and consumed primarily within the principal building, but may also provide take-out service and where ordering may also take place from an automobile.

   RESTRICTIVE COVENANTS. Limitations of various kinds on the usage of lots or parcels of land within a subdivision which are proposed by the subdivider and in the case of public health, safety and welfare by the jurisdiction, that are recorded with the plat and run with the land.

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

   RETAIL SALES. Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of those goods.

   Retail Sales, Outdoor. The display and sale of products and services primarily outside of a building or structure, including vehicles, garden supplies, gas, tires and motor oil, food and beverages, boats and aircraft, farm equipment, motor homes, burial monuments, building and landscape materials and lumber yards.

   Retail Services. Establishments providing services or entertainment, as opposed to products, to the general public for personal or household use, including eating and drinking places, hotels and motels, finance, real estate and insurance, personal service, motion pictures, amusement and recreation services, health, educational and social services, museums and galleries.

   REZONING. A change in the designation or boundaries of the zoning ordinance. Rezoning is a legislative act and can be legal only if enacted by the governing body. REZONING can take two forms: a comprehensive revision or modification of the zoning text and map; and a change in the map, such as the zoning designation of a particular parcel or parcels. Or the change of text, which might further or lessen the restrictions on a particular district.

   RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, pedestrian way, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, special landscaping, 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 final plat is to be separate and distinct from the lots or parcels adjoining the right-of-way and not included in the dimensions or areas of such lots or parcels. RIGHTS-OF-WAY intended for streets, crosswalks, water mains, sanitary sewers, storm drains, screening or special landscaping, or any other use involving maintenance by a public agency shall be dedicated to public use by the subdivider on whose plat the right-of-way is established.

   ROAD(S). See STREET(S).

   RURAL AREA. A sparsely developed area, with a population density of less than 100 persons per square mile and where the land is undeveloped or primarily used for agricultural purposes.

   SALE or LEASE. Any immediate or future transfer of ownership, or possessory interest in land, including contract of sale, lease, devise, intestate succession, or transfer, of an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map, lease, devise, intestate succession or other written instrument.

   SAME OWNERSHIP. Ownership by the same person, corporation, firm, entity, partnership or unincorporated association; or ownership by different corporations, firms, partnerships, entities or unincorporated associations, in which a stockholder, partner or associate, or a member of his or her family owns an interest in each corporation, firm, partnership, entity or unincorporated association.

   SANITARY LAND FILLING. A planned method of solid waste disposal in which the solid waste is spread in thin layers, compacted to reduce its volume, and covered with earth at the end of each working day.

   SANITARY LANDFILL. A disposal site in which refuse and earth, or other suitable cover material, are deposited and compacted in alternative layers of specified depth in accordance with an approved plan: See LAND FILL, DUMP.

   SANITARY SEWERS. Pipes that carry domestic or commercial sanitary sewage and into which storm, surface and ground waters are not intentionally admitted. See PUBLIC SEWER.

   SCALE. The relationship between distances on a map and actual ground distances; the proportioned relationship of the size of parts to one another.

   SCRAP METAL YARD. A general industrial use established independent or ancillary to and connected with another general industrial use, which is concerned exclusively in new and salvaged metal pipes, wire, beams, angles, rods, machinery, parts, filings, clippings and all other metal items of every type, and which acquires those items incidental to its connection with the other general industrial use or by purchase, consignment or bailment which stores, grades, processes, melts, cuts, dismantles, compresses, cleans or in any way prepares the items for reuse by the connected other general industrial use or for sale and shipment and use in other industries or businesses including open hearth, electric furnaces and foundry operations; such an establishment shall not include junk yards, dumps or automobile graveyards. The storage, dealing in or the permitting of the accumulation of significant quantities of combustible, organic or nonmetal scrap materials such as wood, paper, rags, garbage, bones and shattered glass on the premises of such an establishment will disqualify it from being classified as a SCRAP METAL YARD, and the same will be classified as either a junk yard, a sanitary fill or refuse dump depending on the content of the accumulated matter.

   SCREENING. A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation. SCREENING is often used to improve the aesthetic appearance of parking or industry.

   SECONDARY APPROVAL (FINAL PLAT APPROVAL). The stage of application for formal approval of a final plat of a subdivision the construction of which has been completed or substantially completed, which if approved and signed by the designated officials may be submitted to the County Recorder for filing.

   SECONDARY ARTERIAL. A street intended to collect and distribute traffic in a manner similar to primary arterials, except that these streets service minor traffic generating areas such as community-commercial areas, primary and secondary educational plants, hospitals, major recreational areas, churches and offices, and/or designed to carry traffic from collector streets to the system of primary arterial's as designated by and shown on the Thoroughfare Plan.

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

   SELF-SERVICE STORAGE FACILITY. A structure containing separate, individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time.

   SEPTIC SYSTEM. An approved underground system with a septic tank used for the decomposition of domestic wastes.

   SETBACK. A line parallel to and equidistant from the relevant lot line (front, back, side) between which no buildings may be erected as prescribed in this chapter.

   SEWAGE. The total of organic waste and wastewater generated by residential, industrial and commercial establishments.

   SEWAGE SYSTEM. Devices for the collection, treatment and disposal of sewage. See SEWER.

   SEWER. Any pipe or conduit used to collect and carry away sewage or storm water runoff from the generating source to treatment plants or receiving streams. Note: A sewer that conveys household, commercial and industrial waste is called a sanitary sewer; if it transports runoff from rain or snow it is a storm sewer, if storm water runoff and sewage are transported in the same system, then it is a combined sewer.

   SEXUAL CONDUCT. As defined in I.C. 35-49-1-9 (and as it may from time to time be amended):

      (1)   Sexual intercourse or deviate sexual conduct;

      (2)   Exhibition of the uncovered genitals in the context of masturbation or other sexual activity;

      (3)   Sado-masochistic abuse; or

      (4)   Sexual intercourse or deviate sexual conduct with an animal.

   SEXUAL ENCOUNTER CENTER. An enterprise that as one of its business purposes, offers for any form of consideration:

      (1)   Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

      (2)   Activities between male and female persons and/or persons of the same sex where one or more persons appears in a state of nudity or where the activities in divisions (1) and (2) herein are characterized by an emphasis on activities which meet the definition of harmful to minors and/or represent or display sexual conduct.

   SHADE TREE. A tree in a public place, special easement or right-of-way adjoining a street as provided in these regulations.

   SHOPPING CENTER. A group of commercial establishments planned, constructed and managed as a total entity, with customer and employee parking provided on site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements, and landscaping and signage in accordance with an approved plan.

   SIDE LOT LINE. Any lot line other than a front or rear lot line.

   SIDE YARD. A space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point on the principal building.

   SIGN. A visual device or structure used for advertising, display or publicity purposes.

   Sign, Illuminated. A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign.

   SIGN, NET AREA. The area shall be measured by the smallest square, rectangle, triangle, circle or combination thereof which will encompass the entire sign face.

   SIGN, ON-PREMISE. A sign which contains the name and other advertisement material for activities which are conducted on the property upon which it is located.

   Sign, Outdoor Advertising. A structural poster panel or painted sign, either freestanding or attached to a building, for the purpose of conveying information, knowledge or ideas to the public about a subject unrelated to the activities on the premises upon which it is located.

   SIGN, PORTABLE. A free-standing, on-premise advertising device which is designed to be moved from one location to another and is not permanently affixed to the ground or to a structure, or is only affixed by means of the down straps or stakes;

   SINGLE-FAMILY DETACHED. See DWELLING SINGLE-FAMILY DETACHED.

   Single-Family, Semi-Detached. See DWELLING SINGLE-FAMILY, SEMI-DETACHED.

   Single Wide. See MANUFACTURED HOME TYPE I, MANUFACTURED HOME TYPE II, MANUFACTURED HOME TYPE III.

   SITE PLAN. The development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority.

   SKETCH PLAN. The initially submitted graphic representation of a proposed major subdivision, drawn to approximate scale, either superimposed upon a print of a topographic survey, or presented in any other suitable graphic medium or form acceptable; and in the case of a minor subdivision, the drawing or drawings indicating the proposed manner of layout of the subdivision meeting the conditions of Chapter 155 of this code to be submitted for primary approval.

   SPECIAL LANDSCAPING. Areas of tree planting, shrubs or other landscape features serving a public purpose and maintained by the city. See also BUFFER LANDSCAPING and SCREENING.

   SPECIAL USE. The authorization of a use that is designated as such by this chapter as being permitted in the district concerned if it meets special conditions, and upon application, is specifically authorized by the Advisory Board of Zoning Appeals.

   STATE ACTS. The legislative acts of the state as they affect these regulations.

   STATE PLANE COORDINATES SYSTEM. A system of plane coordinates, based on the Transverse Mercator Projection for the Western Zone of Indiana, established by the United States Coast and Geodetic Survey for the state.

   STORY. The portion of a building included between the surface of any floor and the surface of the next floor above, or if there is no floor above it, then the space between any floor and the ceiling next above it; also any portion of a building used for human occupancy between the topmost floor and the roof. A basement shall not be counted as a STORY unless the height of the surface of the first floor above the average elevation of the finished lot grade at the front of the building exceeds four feet.

   Story, Half. A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of the story.

   STREET, DEAD-END. A street or portion of a street with only one vehicular-traffic outlet.

   STREET RIGHT-OF-WAY WIDTH. The distance between property lines measured at right angles to the center line of the street.

   STREET(S). A right-of-way that is purchased by a governmental unit or is established by a recorded plat and publicly maintained to provide the principal means of access to abutting property.

   STREETS, CLASSIFICATION. For the purpose of providing for the development of the streets, highways and rights-of-way in the governmental unit, and for their future improvement, reconstruction, realignment and necessary widening, including provisions for curbs and sidewalks, each existing street, highway and right-of-way, and those located on approved and filed plats, have been designated on the official map and classified therein. The classification of each street, highway and right-of-way is based on its location in the respective zoning districts of the town and its present and estimated future traffic volume and its relative importance and function as specified in the City Comprehensive Plan.

   STRUCTURAL CHANGE. A substantial change in a supporting member of a building, such as a bearing wall or partition, column, beam or girder, or in an exterior wall or the roof.

   STRUCTURE. Anything constructed or erected that requires location on or in the ground or attachments to something having a location on or in the ground.

   Studio Apartment. See DWELLING, EFFICIENCY UNIT.

   SUBDIVIDER. Any person who, having proprietary interest in land, causes it, directly or indirectly, to be divided into a subdivision; or who, directly or indirectly sells, leases or develops, or offers to sell, lease or develop, or who advertises for sale, lease or development, any interest, lot, parcel site, unit or plat in a subdivision; or who engages directly, or through an agent, in the business of selling, leasing, developing or offering for sale, lease or development a subdivision of any interest, lot, parcel site, unit or plat in a subdivision; and who is directly or indirectly controlled by, or under direct, or indirect common control with any of the foregoing.

   SUBDIVISION. The division of a parcel of land into two or more lots, parcels, sites, units, plats or interests for the purpose of offer, sale, lease or development, either on the installment plan or upon any and all other plans, terms and conditions, including resubdivision. SUBDIVISION includes the division of development of land zoned for residential and nonresidential uses, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat or other recorded instrument. See MINOR SUBDIVISION, MAJOR SUBDIVISION, EXEMPT SUBDIVISION.

   SUBDIVISION AGENT. Any person who represents, or acts for or on behalf of, a subdivider or developer, in selling, leasing or developing, or offering to sell, lease or develop any interest, lot, parcel, unit, site or plat in a subdivision, except an attorney-at-law whose representation of another person consists solely of rendering legal services, and is not involved in developing, marketing or selling real property in the subdivision.

   SUBDIVISION, EXEMPT. See EXEMPT SUBDIVISION.

   SUBDIVISION, MAJOR. See MAJOR SUBDIVISION.

   SUBDIVISION, MINOR. See MINOR SUBDIVISION.

   SWALE. A depression in the ground that channels water.

   TAVERN. An establishment used primarily for the serving of liquor by the drink to the general public, primarily for on site consumption, and where food or packaged liquors may be served or sold only as an accessory to the primary use. (See BAR.)

   TEMPORARY IMPROVEMENT. Improvements built and maintained by a subdivider during construction of the subdivision and intended to be replaced by a permanent improvement prior to release of the performance bond or turnaround improvements at the ends of stub streets intended to be replaced when the adjoining area is developed and the through street connection made.

   TERRITORIAL JURISDICTION. The city and the contiguous unincorporated areas outside of the city extending approximately two miles from the corporate limits.

   THOROUGHFARE, MAJOR. Refers to Indiana 5 and U.S. 33.

   THOROUGHFARE PLAN. Refers to the major stated thoroughfares of the County Comprehensive Plan.

   THROUGH LOT. A lot fronting on two parallel or approximately parallel streets and includes lots fronting on both a street and a watercourse or lake.

   TOURIST HOME. See BED AND BREAKFAST, HOMESTAY.

   TOWNHOUSE. See DWELLING, TOWNHOUSE.

   TRACT. An area, parcel, site, piece of land or property that is the subject of a development application.

   TRADE OR BUSINESS SCHOOL. A secondary or higher education facility teaching usable skills that prepare students for jobs in a trade, business or vocation.

   Trailer Park. See MOBILE HOME PARK.

   Transitional Care Home. A facility in which individuals live for a short period while receiving physical, social or psychological therapy and counseling to assist them in overcoming physical or emotional problems.

   TRIPLEX. See DWELLING, TRIPLEX.

   TRUCK TERMINAL. An area and building where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.

   Uniformity. The requirement that all properties in a zoning district be treated alike.

   USE. The employment or occupation of a building, structure or land for a person's service, benefit or enjoyment.

   USE VARIANCE. The approval of a parcel use other than that prescribed by this chapter. Changes of allowed uses are not permitted by this chapter except by zoning map amendment.

   UTILITY EASEMENT. The right-of-way acquired by a utility or governmental agency to locate utilities, including all types of pipelines, telephone and electric cables, and towers.

   VACANCY. Any unoccupied land, structure or part thereof that is available and suitable for occupancy.

   VARIANCE. A specific approval granted by the Advisory Board of Zoning Appeals in the manner prescribed by this chapter, to deviate from the development standards (such as height, bulk, area) that the ordinance otherwise prescribes.

   VETERINARY HOSPITAL. A place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use.

   WAREHOUSE. A building used primarily for the storage of goods and materials.

   WHOLESALE PRODUCE TERMINAL. Warehouse facility used for the storage of fresh fruits, vegetables and other food items.

   WETLANDS. Land areas where excess water is the dominant factor determining the nature of soil development and the types of plant and animal communities living at the soil surface. WETLAND soils retain sufficient moisture to support aquatic or semiaquatic plant life.

   YARD. An open space that lies between the principal building or buildings and the nearest lot line. The minimum required YARD as set forth in this chapter is unoccupied and unobstructed from the ground upward except as otherwise authorized by this chapter. (See FRONT YARD, REAR YARD and SIDE YARD.)

   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 ORDINANCE. The ordinance which delineates districts and establishes regulations governing the use, placement, spacing and size of land and buildings. The City of Ligonier's Zoning Ordinance (this chapter).

(Ord. 614, passed 2-22-1999; Ord. 870-2015, passed 9-14-2015)