§ 155.006 DEFINITIONS.

ABANDONMENT. The relinquishment of property or a cessation of the use of the property for a continuous period of one year by the owner with neither transferring rights to the property to another owner nor of resuming the use of the property.

ACCESSORY STRUCTURE. A structure which is subordinate to a primary structure in area, intent, and/or purpose; contributes to the comfort, convenience, or necessity of occupants of the primary building, structure, or principal use; does not alter or change the character of the premises; is located on the same lot as the primary building, structure, or use.

ADDITION. Any walled and roofed expansion to the perimeter of an existing structure in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by independent perimeter load-bearing walls, is new construction.

ADEQUATE PUBLIC FACILITIES (APF). Those public facilities included in the context of the Adequate Public Facilities Code that have the capacity to serve development without decreasing levels of service below a locally established minimum standard.

ADEQUATE PUBLIC FACILITY LETTER OF UNDERSTANDING. A letter from the Planning Commission to the developer which sets forth all terms, conditions and restrictions which must be satisfied for a finding of adequacy.

ADMINISTRATOR. The individual or group responsible for the implementation and enforcement of the codes. The Planning Director shall be the administrator for the zoning and subdivision codes.

ADULT BOOKSTORE, ADULT NOVELTY STORE, ADULT RETAIL STORE, ADULT VIDEO STORE. A commercial establishment which has significant or substantial portion of its stock-in trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space to 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, compact discs, slides, or other visual representations which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.

(2) Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.

ADULT CABARET. A nightclub, bar, juice bar, restaurant bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:

(1) Persons who appear semi-nude;

(2) Live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities; or

(3) Films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of specified anatomical areas or specified sexual activities.

ADULT ENTERTAINMENT BUSINESS. See SEXUALLY ORIENTED BUSINESS.

ADULT MOTEL. A motel, hotel, or similar commercial establishment which:

(1) Offers public accommodations, for any form of consideration, and which regularly provides patrons with closed-circuit television transmission, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas and which regularly advertise the availability of such material by means of a sign visible from the public right-of-way, or by means of any off-premise advertising, including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; and

(2) Offers a sleeping room for rent for a period of time less than ten hours.

ADULT MOTION PICTURE THEATER. A commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.

ADULT STRIP CLUB. See ADULT THEATER.

ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of semi-nudity or live performances which are characterized by their emphasis upon the exposure of specified anatomical areas or specified sexual activities.

ADVERTISING DEVICE. An advertising sign, billboard or poster panel which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such sign is located or to direct attention to the business on which the premises or to a brand name of a product or commodity with which the business is specifically identified and which is sold on the premises.

ADVISORY PLAN COMMISSION. A plan commission serving local government jurisdictions established as defined under IC 36-7-1-2 and IC 36-7-4-202, as amended. The Lowell Plan Commission is an advisory plan commission and must follow all codes and regulations associated with advisory planning law.

AGRICULTURE. The use of land for agriculture purposes, including farming, dairying, pasturage or livestock yard, apiculture, agriculture, horticulture, floriculture, viticulture, forestry and animal and poultry husbandry, and the necessary accessory uses. The operation of any accessory uses shall be secondary to that of the normal agricultural activities. AGRICULTURE shall not include stock yards, or the commercial feeding of garbage or offal to swine or other animals.

ALLEY. A public right-of-way, other than a street, road, crosswalk, or easement, that provides secondary access for the abutting property.

ALTERATION. A change in size, shape, character, occupancy or use of a building or structure.

ALTERATION, STRUCTURAL. Any change in the supporting members of a building such as bearing walls, columns, beams or girders.

AMEND or AMENDMENT. Any repeal, modification, or addition to a regulation; or any new regulation.

ANIMAL HOSPITAL. A building or portion thereof designed or used for the care, observation or treatment of domestic animals.

ANTENNA. A structure or device that is used for the purpose of receiving and/or transmitting signals, images, sounds, or information of any nature by radio, visual, or electromagnetic waves, including but not limited to directional or omnidirectional antennas, panels, and microwave or satellite dishes.

APARTMENT. One or more rooms in an apartment building, with private bath and kitchen facilities or combination apartment and commercial building, arranged, intended, designed or occupied on a rental basis as a dwelling unit of a single family, an individual, or a group of individuals.

APARTMENT BUILDING. A multi-family housing structure designed and constructed to accommodate three or more apartments, in contrast to single- or two-family dwellings converted for multi-family use.

APPEAL. A request for a review of the Planning Director's interpretation of any provision of this chapter or request for a variance.

APPLICANT. The owner, owners, or legal representative of real estate who makes application to the town for action affecting the real estate owned thereby.

ARTERIAL ROAD. See ROAD, ARTERIAL.

ATTACHED BUILDING. A building that is structurally connected to another building by a foundation, wall, or roof line. Carports, garages, porch awnings and the like shall be considered attached buildings.

AUTO SERVICE AND REPAIR. Engine rebuilding or reconditioning of worn or damaged motor vehicles; collision service, including body, frame, or fender straightening or repair; motor vehicle service, including application of lubricating oil or grease for the operation of motor vehicles; sale and installation of tires, batteries, other accessories, and auto repair and overall painting of vehicles but not including bulk plant, automobile wrecking or automobile sales.

AUTOMOBILE GAS (SERVICE) STATION. Any building or premises used for the dispensing, sale, or offering for sale at retail to the public, of automobile fuels stored only in underground tanks and located wholly within the lot lines.

AUTOMOBILE GRAVEYARD. A yard, field or other area used to store three or more unserviceable, inoperable, discarded, dismantled or partially dismantled, worn-out or junked motor vehicles, or parts of such vehicles. An automobile junkyard does not include any area used for temporary storage of vehicles, not exceeding 45 days, by an establishment or place of business which is primarily engaged in doing auto repair work.

AUTOMOBILE WRECKING YARD. See JUNK YARD.

AWNING. A roof-like mechanism, retractable in operation, or fixed, and covered with flexible material which projects from the wall of a building.

BASE FLOOD ELEVATION (BFE). The elevation of the 1% annual chance flood.

BASEMENT. A story partly underground but having more than one-half of its clear height below finished grade.

BED AND BREAKFAST FACILITY. An individual owner-occupied residence containing no more than six guest rooms for hire, for lodging by prearrangement for periods not to exceed three consecutive weeks and providing for occasional meals daily (usually breakfast) and not a hotel, boarding, lodging house, or motel.

BERM. A man-made, formed, earth mound of definite height and width used for landscaping and obscuring purposes, the intent of which is to provide a transition between uses of differing intensity.

BILLBOARD. See SIGN, OFF-PREMISE.

BLOCK. Property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, intersecting railroad, intersecting waterway, or the end of a dead end street.

BOARD OF ZONING APPEALS. The Lowell Board of Zoning Appeals or any division thereof.

BOARDING HOUSE. A building or part of a building that contains accommodation facilities for lodging, with or without meals reserved solely for the occupants thereof for a fee. BOARDING HOUSES do not include bed and breakfasts, multi-family dwellings, hotels or motels.

BOND. See PERFORMANCE SURETY.

BUFFER, CONSERVATION. Any land in permanent vegetation, designed to intercept pollutants, stabilize stream banks and other riparian areas and manage other environmental concerns. Conservation buffers include: riparian buffers, filter strips, grassed waterways, shelter belts, windbreaks, living snow fences, contour grass strips, cross-wind trap strips, shallow water areas for wildlife, field borders, herbaceous wind barriers, and vegetative barriers.

BUFFER LANDSCAPING. Any trees, shrubs, walls, fences, berms, space, or related landscaping features required by code on private lots, and privately maintained, for buffering lots from adjacent properties or public rights-of-way for the purpose of increasing visual or other aspects of privacy and aesthetics.

BUFFER YARDS. An area adjacent to front, side and rear property lines, measured perpendicularly from adjacent property lines and/or right-of-way lines, intended to provide attractive spaces to reduce the impacts of proposed uses on adjacent property or natural features and to screen incompatible uses from each other. Buffers also help to maintain existing trees or natural vegetation, to block or reduce noise, glare or other emissions and to maintain privacy. Buffer yards are in addition to (separate from) front, rear, or side yard setbacks.

BUILDING. A structure having a roof, supported by columns or walls, for the shelter, support, or enclosure of persons, property, or animals; and when separated by division walls from the ground up and without openings, each portion of such building shall be deemed as a separate building. Also includes the word PLOT.

BUILDING, DETACHED. A building surrounded by open space on the same lot.

BUILDING, PRINCIPAL. A non-accessory building in which is conducted the principal use of the lot on which it is located.

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

(1) Single-family detached dwellings;

(2) Two-family dwellings;

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

(4) Multiple-family dwellings.

BUILDING AREA. The horizontal area of the buildings on a lot, measured from the outside exterior walls, excluding open areas or terraces, unenclosed porches or decks, and architectural features that project less than two feet.

BUILDING CODE. The Indiana Building Code establishing and controlling the standards for constructing mechanical equipment, and all forms of permanent structures and related matters within the town. Also referred to herein as the Lowell Building Code.

BUILDING ENVELOPE. The area on a lot, established by the setback lines, in which building can occur.

BUILDING HEIGHT. See STRUCTURE HEIGHT.

BUILDING LINE. The line nearest the front and across a lot establishing the minimum open space to be provided between the front line of a building or structure and the front lot line.

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

BUSINESS. The engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise, or services; an occupation, employment, or enterprise which occupies time, attention, labor, and materials; or the maintenance or operation of offices, recreational, or amusement enterprises.

BUSINESS DISTRICT. Refers to the B1, B2, and TC Districts.

BZA. See BOARD OF ZONING APPEALS.

CAMPGROUND AND RV PARK. Any site, lot, field, or tract of land designed with facilities for short term occupancy by recreational vehicles and other camping equipment but not including mobile homes.

CAPITAL IMPROVEMENT PLAN. A proposed schedule of future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project.

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

CELLULAR COMMUNICATION EQUIPMENT. Antennas and other transmitting and/or receiving device or other associated devices used in the provision of telecommunications service.

CEMETERY. Includes any crematory, mausoleum, or mortuary operated in conjunction with and on the same tract as the cemetery.

CERTIFICATE OF OCCUPANCY. A certificate stating that the occupancy and use of a structure complies with the provisions of the Lowell Building Code and all other applicable regulations of the town.

CHILD CARE HOME.

(1) As defined by IC 12-7-2-28.6 and for the purposes of the zoning code, an establishment providing non-overnight care, supervision, and protection of children in private residences which is ancillary to the primary use as residential structure. A residential structure in which at least six children (not including the children for whom the provider is parent, stepparent, guardian, custodian, or other relative, or those which are at least age 14 at any time receive child care from a provider:

(a) While unattended by a parent, legal guardian or custodian;

(b) For regular compensation; and

(c) For more than four hours but less than 24 hours in each of ten consecutive days per year, excluding intervening Saturdays, Sundays, and holidays.

(2) The term includes class I child care home and class II child care home as defined in IC 12-7-2-33.7 and IC 12-7-2-33.8.

CHILD CARE INSTITUTION. As defined by IC 12-7-2-29 and for the purposes of the zoning code:

(1) A residential facility with a capacity of not more than ten children that does not meet the residential structure requirements of a group home; or

(2) Operates under a license issued under IC 31-27;

(3) Provides for delivery of mental health services that are appropriate to the needs of the individual; and

(4) Complies with the rules adopted under IC 4-22-2 by the Division of Family and Children.

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

CLUB OR LODGE, PRIVATE. A non-profit association of persons, who are bona fide members paying annual dues, which owns, hires, or leases a building or portion thereof; the use of such premises being restricted to members and their guests. (The affairs and management of such private club or lodge are conducted by a board of directors, executive committee, or similar body chosen by the members.)

COLLECTOR ROAD. See ROAD, COLLECTOR.

CO-LOCATION SITE. A site on an existing or proposed telecommunication tower that can be used for the installation and/or mounting of antennas or radio or cellular communication equipment that operates on a different frequency from the initial user.

COMMISSION. Set ADVISORY PLAN COMMISSION.

COMMUNITY DEVELOPMENT DIRECTOR. See PLANNING DIRECTOR.

COMMUNITY RATING SYSTEM (CRS). A program developed by the Federal Insurance Administration to provide incentives for those communities in the regular program that have gone beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding.

COMPREHENSIVE PLAN. Refers to the Lowell comprehensive plan. The plan includes goals, objectives and strategies for land use, growth management, transportation/thoroughfares, community facilities and services, environment concerns, infrastructure, aesthetics and identity, economic development, and parks and recreation. The plan was developed and adopted by the town pursuant to the IC 36-7-4-500 series and includes any part and/or policies separately adopted and any amendment to such plan and/or policies, or parts thereof.

CONDITION OF APPROVAL. Stipulations or provisions set forth as a prerequisite for approval of a petition.

CONDOMINIUM. Real estate lawfully subject to IC 32-25, (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.

CONFINED (OR CONCENTRATED) ANIMAL FEEDING OPERATION (CAFO). A facility where livestock or poultry are fed in confinement for at least 45 days per year and crop or forage growth is not maintained in the area of confinement. If at any time during the period of animal confinement, through a combination of grazing, trampling or manure deposition no vegetative cover is evident in the confined area, this would constitute a lack of maintenance of crop or forage growth.

CONFORMING BUILDING OR STRUCTURE. Any building or structure which:

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

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

CONSTRUCTION PLAN(S). The maps or drawings showing the specific location and design of improvements to be installed for a subdivision in accordance with the applicable requirements of the town.

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

COUNTY. Lake County, Indiana.

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

COVENANTS. Private and legal restrictions of various kinds on the usage of lots, typically within a subdivision and applied by the subdivider, that are recorded with the plat and deed. Covenants are not enforceable by the Plan Commission or its designees. However, they are enforceable in civil court by interested or affected parties.

CRITICAL FACILITY. A facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire, and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste.

CUL-DE-SAC. A street having one end open to traffic and being permanently terminated by a vehicular turnaround.

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

DAY CARE CENTER. See CHILD CARE CENTER.

DEDICATION. The setting apart of land or interests in land for use by the municipality or public by code, resolution, or the recording of a plat.

DEMAND MANAGEMENT STRATEGIES OR TRANSPORTATION DEMAND MANAGEMENT STRATEGIES (TDM). Strategies aimed at channeling travel behavior rather than at expanding the transportation network to meet travel demand. Such strategies can include the promotion of work-hour changes, ride-sharing options, parking policies, or telecommuting.

DETACHED BUILDING. A building that has no structural connection with the principal building.

DEVELOPER. An individual, partnership, corporation (or agent thereof), or other entity that undertakes the responsibility for land development, particularly the designing of a subdivision plat or site development plan showing the layout of the land and the public improvements involved therein. In as much as the subdivision plat is merely a necessary means to the end of assuring a satisfactory development, the term DEVELOPER is intended to include the term SUBDIVIDER, even though the personnel involved in successive stages of the project may differ.

DEVELOPMENT.

(1) Any man-made change to improved or unimproved real estate including but not limited to:

(a) Construction, reconstruction, or placement of a structure or any addition to a structure;

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

(d) Construction of flood control structures such as levees, dikes, dams, channel improvements, etc.;

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

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

(g) Storage of materials; or

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

(2) DEVELOPMENT does not include activities such as the maintenance of existing buildings and facilities such as painting, re-roofing; resurfacing roads, gardening, plowing, and similar agricultural practices.

DISTRICT. A section of the town for which uniform zoning regulations governing use, height, area, size, intensity of use of buildings and land, and open spaces about buildings, are established by the zoning code.

DOMESTIC PETS. Animals commonly used as household pets, protection, companions, and for the assistance of disabled persons. DOMESTIC PETS shall include animals that are cared for and treated in a manner acceptable for pet dogs, cats, and birds. DOMESTIC PETS shall include, but not be limited to, dogs, cats, parakeets, parrots, finches, spiders, guinea pigs, hamsters, gerbils, rats, mice, rabbits, aquarium fish, pot belly pigs, ferrets, and snakes if cared for in the manner described above.

DRIVES, PRIVATE. See ROAD, PRIVATE.

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

DUPLEX. See TWO-FAMILY DWELLING.

DWELLING. A building or structure or portion thereof, conforming to all requirements applicable to the residential use districts of the zoning code and Lowell Building Code/Indiana Building Code used exclusively for residential occupancy, including single-family dwelling units, two-family dwelling units, and multifamily dwelling units, but excluding hotels, boarding houses, and lodging houses.

DWELLING SITE. A site within a manufactured home park and/or mobile home park with required improvements and utilities that is leased for the long term placement of manufactured homes and/or mobile homes.

DWELLING UNIT. Any structure or portion thereof designed for or used for residential purposes as a self sufficient or individual unit by one family and having permanently installed sleeping, cooking, and sanitary facilities.

EASEMENT. A grant by a property owner to specific persons, the general public, corporations, utilities, or others, for a specified purpose.

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

ELEEMOSYNARY INSTITUTION. A building or group of buildings devoted to public service and supported by a not-for-profit organization.

ELEVATED STRUCTURE. A non-basement structure built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, filled stem wall foundations (also called chain walls), pilings, or columns (posts and piers).

EMERGENCY CERTIFICATE. A certified statement that verifies a structure's elevation information.

EMERGENCY PROGRAM. The first phase under which a community participates in the NFIP. It is intended to provide a first layer amount of insurance at subsidized rates on all insurable structures in that community before the effective date of the initial FIRM.

ENCROACHMENT. The advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

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

EXISTING CONSTRUCTION. Any structure for which the start of construction commenced before the effective date of the community's first floodplain ordinance.

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

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

FAA. Federal Aviation Administration.

FAMILY. An individual, or two or more persons related by blood, marriage, or adoption, or a group of not more than four persons, not related by blood, marriage, or adoption, living together as a single housekeeping unit, but not including the residents of any apartment, hotel, or of a boarding house or lodging house serving more than two paying guests.

FARM. An area of at least ten acres used for agricultural operations, forestry, the operation of a tree or plant nursery, or the production of livestock and poultry as well as those properties classified by the Internal Revenue Service as a farm.

FARM ANIMAL UNIT. A method of measuring the relative impact of different types of animals.

FARM ANIMALS. Animals commonly used for transportation, food, skins, and other by-products. FARM ANIMALS include, but are not limited to horses, cattle, pigs, sheep, goats, mules, donkeys, miniature horses, miniature donkeys, camels, emu, ostrich, llamas, alpacas, rabbits, mink, fox, buffalo, chickens, turkeys, quail, pheasants, and other animals or fowl of similar characteristics.

FBFM. Flood Boundary and Floodway Map.

FCC. Federal Communications Commission.

FEEDLOTS. The confinement for any period of time of livestock or fowl, whether open or enclosed.

FEMA. Federal Emergency Management Agency.

FHBM. Flood Hazard Boundary Map.

FINAL PLAT. The final map, drawing or chart upon which the subdivider's plan of subdivision is presented, and which, if approved, will be submitted for recording among the land records for the town.

FINANCIAL COMMITMENT. That sources of private or public funds or combinations thereof have been identified which will be sufficient to finance public facilities necessary to support development and that there is reasonable assurance that such funds will be timely put to that end.

FINISHED FLOOR AREA. See FLOOR AREA, FINISHED.

FIRM. Flood Insurance Rate Map.

FIVE-HUNDRED YEAR FLOOD (500-YEAR FLOOD). The flood that has a 0.2% chance of being equaled or exceeded in any year.

FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.

FLOOD BOUNDARY AND FLOOD WAY MAP (FBFM). An official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated the areas of flood hazards and regulatory floodway.

FLOOD HAZARD BOUNDARY MAP (FHBM). An official map of a community, issued by FEMA, where the boundaries of the areas of special flood hazard have been identified as Zone A.

FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which FEMA has delineated both the areas of special flood hazard and the rich premium zones applicable to the community.

FLOOD INSURANCE STUDY. The official hydraulic and hydrologic report provided by FEMA. The report contains flood profiles, as well as the FIRM, FBFM (where applicable), and the water surface elevation of the base flood.

FLOOD PRONE AREA. Any land area acknowledged by a community as being susceptible to inundation by water from any source. (See FLOOD).

FLOOD PROTECTION GRADE or THE FPG. The elevation of the regulatory flood plus two feet at any given location in the SFHA.

FLOODPLAIN. The relatively flat area or low land adjoining the channel of a river or stream which has been or may be covered by flood water. The floodplain includes the channel, floodway, and floodway fringe. Flood plain boundaries are to be determined by using the Floodway-Flood Boundary Maps of the Federal Insurance Administration/Federal Emergency Management Administration.

FLOODPLAIN MANAGEMENT. The operation of an overall program of correction and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulation, and open space plans.

FLOODPROOFING (DRY FLOODPROOFING). A method of protecting a structure that ensures that the structure, together with attendant utilities and sanitary facilities, is watertight to the floodproofed design elevation with walls that are substantially impermeable to the passage of water. All structural components of these walls are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy, and anticipated debris impact forces.

FLOODPROOFING CERTIFICATE. A form used to certify compliance for non-residential structures as an alternative to elevating structures to or above the FPG. This certification must be by a registered professional engineer or architect.

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

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

FLOOR AREA (for determining floor area ratio). The sum of the gross horizontal areas of the several floors of the building enclosed by an exterior wall, excluding however, attic, and basement floors, open porches, breezeways and garages.

FLOOR AREA, FINISHED. That portion of floor area constructed, completed, and usable for living purposes with normal living facilities which includes sleeping, dining, cooking, working, entertainment, common space living rooms, areas for personal hygiene, or combination thereof. Floor area or portion thereof used only for storage purposes and not equipped for the facilities mentioned above shall not be considered finished floor area.

FLOOR AREA, GROUND. That portion of finished floor area located on the first (or nearest ground level) floor of the dwelling unit. The main floor area of a primary structure does not include a garage, carport, deck, unfinished storage, patio, or open porch.

FLOOR AREA OF A BUILDING (for determining off-street parking and loading requirements). The sum of the gross horizontal areas of the several floors of the building, or portions thereof, devoted to a specific use; including accessory storage areas located within selling or working space such as counters, racks or closets; and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

FLOOR AREA RATIO. The floor area of the building or buildings on a lot divided by the area of such lot.

FOUNDATION. The supporting member of a wall or structure.

FREEBOARD. A factor of safety, usually expressed in feet above the BFE, which is applied for the purposes of floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights greater than those calculated for the base flood.

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

FRONT LOT LINE. For an interior or through lot, the line marking the boundary between the lot and the abutting street right-of-way or a lake or watercourse; and for a comer lot, the line marking the boundary between the lot and each of the abutting streets.

FRONT YARD. The horizontal space between the nearest foundation of a building to the front lot line, extending to the side lines of the lot, and measured as the shortest distance from that foundation to the front lot line. For the purpose of determining the required front yard, the proposed right-of-way shall be used where it is greater than the existing right-of-way.

FRONTAGE. See LOT FRONTAGE.

FUNCTIONALLY DEPENDENT FACILITY. A facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manufacture, sales, or service facilities.

GARAGE, PRIVATE. An attached or detached structure whose principal use is to house motor vehicles or personal property for the accommodation of related dwelling units or related business establishments, including a carport, which is intended for or used for storing the private passenger vehicles of the family or families resident upon the premises, and in which no business, service, or industry connected directly or indirectly with the automotive vehicles is carried on, provided that not more than one-half of the space may be rented for the private passenger vehicles of persons not resident on the premises, except that all the space in a garage of one or two car capacity may be so rented.

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

GOVERNMENT PROJECTS. Any building, structure, or alteration thereof paid for and used by the local, state or federal government entities.

GRADE LEVEL. The mean elevation of the ground surrounding the perimeter of a building or structure, calculated as an average of the highest and lowest elevations.

GROUND FLOOR AREA. See FLOOR AREA, GROUND.

GROUND LEVEL. See GRADE LEVEL.

GROUP HOME. A home or living environment intended to provide supervised services for groups of four or more residents. The care provided is similar to that provided at assisted living facilities or other medical facilities, but in a less restrictive environment.

HARDSHIP. A difficulty with regard to one's ability to improve land stemming from the application of the development standards of the zoning code, 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 the zoning code; any result of land division requiring variance from the development standards of this chapter in order to render that site buildable.

HEIGHT. See STRUCTURE HEIGHT.

HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a structure.

HISTORIC STRUCTURE. Any structure individually listed on the National Register of Historic Places or the Indiana State Register of Historic Sites and Structures.

HOME OCCUPATION #1. A business based in the dwelling of its owner or operator, with no articles sold or offered for sale except as may be produced by a member of the immediate family residing on the premises, which results in minimal (no impact to structure or surroundings) business practices within certain residential zoning districts. Further, the intent is not to allow the loss of the residential district's character or function as a residential area or neighborhood.

HOME OCCUPATION #2. A business based in the dwelling of its owner or, with no articles sold or offered for sale except as may be produced by a member of the immediate family residing on the premises, which results in moderate home business practices within certain residential zoning districts. Further, the intent is not to allow the loss of the residential district's character or function as a residential area or neighborhood.

HOSPITAL. An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, or care for three or more unrelated individuals suffering from illness, disease, injury, deformity, or other abnormal physical conditions. The term HOSPITAL does not apply to institutions operating primarily for treatment of insane persons, drug addicts, liquor addicts, and other types of cases necessitating restraint of patients, and the term HOSPITAL shall not include convalescent, nursing, shelter, or boarding homes.

HOTEL. A building in which lodging or board and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public. Compensation is usually assessed on a day-to-day basis.

IMPERVIOUS SURFACE. Any material that prevents absorption of stormwater into the ground.

IMPROVEMENT LOCATION PERMIT. A permit allowing a person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure or before starting any construction, excavation, or work within a subdivision within its jurisdiction, or the pursuit of changes to the condition of the land. Improvement location permits are issued pursuant to the regulations of the Lowell Building Code.

INCIDENTAL. A minor occurrence or condition which is customarily associated with a permitted use and is likely to ensue from normal operations.

INCREASED COST OF COMPLIANCE (ICC). The cost to repair a substantially damaged structure that exceeds the minimal repair cost and that is required to bring a substantially damaged structure into compliance with the local flood damage prevention ordinance. Acceptable mitigation measures are elevation, relocation, demolition, or any combination thereof. All renewal and new business flood insurance policies with effective dates on or after June 1, 1997, will include ICC coverage.

INDIANA STATEWIDE TRANSPORTATION IMPROVEMENT PLAN (INSTIP). An annual document prepared by the Indiana Department of Transportation (INDOT) indicating state transportation projects which are planned for the following three-year period.

INDUSTRIAL DISTRICT. Refers to the LI, Light Industrial and HI, Heavy Industrial Zoning Districts.

INDUSTRIAL, GENERAL. The assembly, fabrication or processing of goods and materials using processes that ordinarily have greater than minimal impacts on the environment, or that otherwise do not constitute light manufacturing, and which may include open uses and outdoor storage. General manufacturing generally includes processing and fabrication of products made from extracted or raw materials.

INDUSTRIAL, LIGHT. The assembly, fabrication or processing of goods and materials using processes that ordinarily do not create noise, smoke, fume, odors, glare or health or safety hazards outside of the building or lot where such assembly, fabrication, or processing of goods are housed entirely within an enclosed building. Light manufacturing generally includes processing and fabrication of finished products predominantly from previously prepared materials.

INSTITUTIONAL FACILITY FOR THE DEVELOPMENTALLY DISABLED/MENTALLY ILL. A residential facility that provides care, supervision and protection and operates under a license issued under IC 12-28-4; provides for delivery of mental health services that are appropriate to the needs of the individual; and complies with the rules adopted under IC 4-22-2 by the Division of Family and Children (For reference see IC 12-7-2).

INTERESTED PARTY. Interested parties shall include, but are not limited to, those persons, groups, property owners or other entities which are considered or consider themselves to be affected by a change in land use or the intended results of a petition.

INTERIOR LOT. See LOT, INTERIOR.

INTERSTATE. See LIMITED ACCESS HIGHWAY.

JUNK. An automobile, recreational vehicle, boat, truck, other motor vehicle, large appliance, furniture or like materials which has been damaged to such an extent that it cannot be operated under its own power or used and/or will require major repairs before being made usable. This could also include such a vehicle which does not comply with state or county vehicle laws or codes.

JUNK YARD. A place, usually outdoors, where waste or discarded property, other than organic matter, including but not limited to automobiles and farm implements and trucks, is accumulated and is or may be salvaged for reuse or resale; this shall not include any industrial scrap metal yard. The storage, dealing in or the permitting of the accumulation of significant quantities of combustible, organic or nonmetal scrap materials such as, but not limited to, wood, paper, rags, garbage, tires, 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 a junk yard. No accumulation of vehicles or other herein described stored items shall be allowed to be accumulated or grandfathered into existence without specific submission and approval as a zoned junk yard or storage lot.

JURISDICTION. All land within the incorporated limits of Lowell, Indiana, not owned by the State of Indiana or federal government.

KENNEL. A place primarily for keeping four or more adult dogs, or other small animals that are ordinarily bred for sale as pets. Also could include temporary care facility for compensation.

LANDSCAPING. The improvement of a lot with grass, shrubs, trees, and other vegetation and/or ornamental objects. LANDSCAPING may include pedestrian walks, flower beds, berms, fountains and other similar natural and man-made objects designed and arranged to produce an aesthetically pleasing effect.

LEGAL NONCONFORMING LOT OF RECORD. Any legally established and recorded lot prior to the date specified in the subdivision control code, or its subsequent amendments, that no longer meet the lot specific development standards.

LEGAL NONCONFORMING SIGN. Any sign lawfully existing on the effective date of the zoning code, or amendment thereto, that does not conform to all the standards and regulations of the zoning code.

LEGAL NONCONFORMING USE. Any continuous, lawful use of structures, land, or structures and land in combination established prior to the effective date of the zoning code or its subsequent amendments that is no longer a permitted use in the district where it is located.

LETTER OF MAP AMENDMENT (LOMA). An amendment to the currently effective FEMA map that establishes that a property is not located in a special flood hazard area (SFHA). A LOMA is only issued by FEMA.

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

LETTER OF MAP REVISION BASED ON FILL (LOMR-F). An official revision by letter to an effective NFIP map. A LOMR-F provides FEMA's determination concerning whether a structure or parcel has been elevated on fill above the BFE and excluded from the SFHA.

LEVEL OF SERVICE (LOS). An established minimum capacity of public facilities or services that must be provided per unit of demand or other appropriate measure of need.

LIMITED ACCESS HIGHWAY. Any roadway that operates at a high service level, consists of limited access, is divided, carries region-wide traffic and is generally classified as part of the interstate system.

LIVING SPACE. That portion of a residential structure constructed, completed and usable as finished floor area. Such area shall be heated and directly connected to other finished floor area. As such, attached garages shall not be considered living space.

LOCAL ROAD. A road designed primarily to provide access to abutting properties and discourage through traffic.

LOCAL STREET. Set LOCAL ROAD.

LODGING HOUSE. See BOARDING HOUSE.

LOT. A contiguous area of land separated from other areas of land by separate description (including a recorded deed, a subdivision plat or record of survey map, or by metes and bounds) for purpose of sale, lease, transfer of ownership or separate use. It may be a single parcel separately described or a combination of such parcels when adjacent to one another and used as one lot.

LOT, BUILDABLE. Any lot upon which a building or structure is allowed to be constructed and occupied by the regulations of the town. Generally, the lot shall have frontage on and access to an improved street, meet minimal setbacks, and have all necessary utilities available.

LOT, CORNER. A lot situated at the intersection of two streets or which fronts a street on two or more sides forming an interior angle of less than 135 degrees.

LOT, DEVELOPED. A lot with buildings or structures.

LOT, IMPROVED. See LOT, BUILDABLE.

LOT, INTERIOR. A lot other than a corner lot with frontage on only one street other than an alley.

LOT, THROUGH. A lot fronting on more than one street, other than an alley, or abutting multiple streets which do not intersect at the boundaries of the lot. Also includes lots fronting on both a street and a watercourse or lake.

LOT COVERAGE. The area of a lot occupied by the principal building and any accessory structures.

LOT DEPTH. The horizontal distance between the front and rear lot lines.

LOT FRONTAGE. All property of a lot fronting on a street right-of-way or common, private drive, as measured between side lot lines.

LOT OF RECORD. A lot which is a part of a subdivision recorded in the office of the County Recorder, or a parcel or lot described by metes and bounds, and a description of which has been so recorded.

LOT WIDTH. The distance as measured between the side lot lines at the front setback line.

LOWEST ADJACENT GRADE. The lowest elevation, after completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure.

LOWEST FLOOR. The lowest of the following:

(1) The top of the basement floor;

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

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

(4) The top of the floor level of any enclosure below an elevated building where the walls of the enclosure provide any resistance to the flow of flood waters unless: the walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, by providing a minimum of two openings (in addition to doorways and windows) having a total area of one square foot for every two square feet of enclosed area subject to flooding. The bottom of all such openings shall be no higher than one foot above grade; or such enclosed space shall be usable for the parking of vehicles and building access.

MAJOR PLAT. See SUBDIVISION, MAJOR.

MAJOR SUBDIVISION. See SUBDIVISION, MAJOR.

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 such parking space, but is not used for the parking of or storage of motor vehicles.

MANUFACTURED HOME. A dwelling unit built in a factory, installed as a permanent residence, and bearing a seal of compliance with Federal Manufactured Housing Construction and Safety Standards.

MANUFACTURED HOME PARK. A dwelling unit built in a factory, installed as a permanent residence, and bearing a seal of compliance with Federal Manufactured Housing Construction and Safety Standards.

MAP PANEL NUMBER. The four-digit number followed by a letter suffix assigned by FEMA on a flood map. The first four digits represent the map panel, and the letter suffix represents the number of times the map panel has been revised. (The letter "A" is not used by FEMA, the letter "B" is the first revision).

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

MARKET VALUE. The building value, excluding the land (as agreed to between a willing buyer and seller), as established by what the local real estate market will bear. Market value can be established by independent certified appraisal, replacement cost depreciated by age of building (actual cash value), or adjusted assessed values.

MARQUEE or CANOPY. A roof-like structure of a permanent nature which projects from the wall of a building and may overhang into a required yard.

MASTER PLAN. See COMPREHENSIVE PLAN.

METROPOLITAN PLANNING PLAN ORGANIZATION (MPO). The Metropolitan Planning Organization (MPO) is the designated transportation planning agency for the region or county consisting of local governments within the region containing one or more counties which have common transportation interest. The Northwestern Indiana Regional Planning Commission is the MPO for Lake County.

MICRO WIND ENERGY CONVERSION SYSTEM. A building-mounted wind system that projects no more than 15 feet above the highest point of the roof and a maximum rotor diameter of ten feet. Micro wind systems are subject to regulations in all zoning districts.

MITIGATION. Sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects. The purpose of mitigation is two fold: to protect people and structures, and to minimize the cost of disaster response and recovery.

MOBILE HOME. A transportable dwelling unit which is a minimum of eight feet in width and which is built on a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical system contained therein, and which was manufactured either:

(1) Prior to June 15, 1976, and bears a seal attached under Indiana Public Law 135, 1971, certifying that it was built in compliance with the standards established by the Indiana Administrative Building Council; or

(2) Subsequent to or on June 15, 1976, and bears a seal, certifying that it was built in compliance with the Federal Mobile Home Construction and Safety Standards.

MODULAR HOME. See SINGLE FAMILY DWELLING.

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

MOTEL. An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot, and designed for use by transient automobile tourists, in which ingress and egress to and from rooms is made through individual exterior entrances. A motel furnishes customary services such as maid service and laundering of linen, telephone, secretarial, or desk service, and the use and upkeep of furniture.

MOTOR HOME. See RECREATIONAL VEHICLE.

MOTOR VEHICLE. This term includes: A device propelled or drawn by mechanical power or which a person or property is or may be transported on a highway. Any passenger vehicle, truck, tractor, tractor-trailer, truck-trailer, trailer, semitrailer, motorcycles or similar vehicles.

MOTORIZED ATV/OFF-ROAD VEHICLE OR MOTOR BIKES. A motorized vehicle whose primary purpose and design is for usage other than transportation and generally off improved road surfaces. Also may be referred to as "not street legal". Vehicles designed for use on challenging terrain and/or contests of speed and skill in adverse conditions. Examples include, but are not limited to: dune buggies, motor cross bikes, off road motorcycles, quad-runners, three wheelers.

MULTI-FAMILY DWELLING. A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.

MURAL. A painting on the side of a building, wall, or structure; or a painting on the ground or the ceiling of a building or structure. A mural that does not function as a sign is not regulated by this chapter. Murals that function as a sign are regulated in this chapter as a wall sign.

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

NATIONAL FLOOD INSURANCE PROGRAM (NFIP). The federal program that makes flood insurance available to owners of property in participating communities nationwide through the cooperative efforts of the federal government and the private insurance industry.

NATIONAL GEODETIC VERTICAL DATUM (NGDV) OF 1929. Corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain.

NET USABLE. That portion of land capable of being used after public right-of-way is excluded.

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

NONCONFORMING BUILDING. A building, structure, or portion thereof, which was designed, erected, or structurally altered such that it does not conform to the regulations of the zoning district in which it is located.

NONCONFORMING LOT OF RECORD. A lot which was created such that it does not conform to the regulations of the zoning district in which it is located.

NONCONFORMING SIGN. A sign or portion thereof, which was designed, erected, or structurally altered such that it does not conform to the regulations of the zoning district in which it is located.

NONCONFORMING USE. A use of land, buildings, or structures which does not conform with the use regulations of the zoning district in which it is located.

NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88). Adopted in 1993 is a vertical control datum used as a reference for establishing varying elevations within the floodplain.

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

NURSING HOME. A private home for the care of the aged or infirm, or any other person in need of nursing care and which does not contain equipment for surgical care or for treatment of disease or injury, and is not primarily designed for mental patients or alcoholics.

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

OFFICIAL ZONING MAP. A map of Lowell, Indiana, that legally denotes the boundaries of zoning districts as they apply to the properties within the planning jurisdiction.

OFF-SITE IMPROVEMENTS. 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, upon which is located improvements required by or related to the property to be subdivided.

ONE HUNDRED YEAR FLOOD (100-YEAR FLOOD). A 1% annual chance of flood.

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

OPEN SPACE. An area of land not covered by buildings, parking structures, or accessory uses except for recreational structures. OPEN SPACE may include nature areas; streams and flood plains; meadows or open fields containing baseball, football, and soccer fields, golf courses, swimming pools, bicycle paths, etc. OPEN SPACE does not include street rights-of-way, platted lot area, private yard, patio areas, or land scheduled for future development.

OUTDOOR STORAGE. See STORAGE, OUTDOOR.

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

PARCEL. See LOT.

PARENT TRACT. A parent tract's actual location, shape, and size is determined by the official record of the last transfer of ownership occurring prior to December 31, 2000. Multiple lots owned by one person, persons in partnership, or a company shall each be considered one parent tract. Easements shall not constitute a separation of two or more pieces of land owned by one person, persons in partnership, or a business. A lot of record with an existing public road that splits it shall be considered two parent tracts.

PARKING SPACE, AUTOMOBILE. Space within a public or private parking area for the storage of one passenger automobile or commercial vehicle under a one and one-half ton capacity.

PARTICIPATING COMMUNITY. Any community that voluntarily elects to participate in the NFIP by adopting and enforcing floodplain management regulations that are consistent with the standards of the NFIP.

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

PAVED. A durable surface for parking, driving, riding or similar activities that utilizes asphalt, concrete, brick, paving blocks or similar material. Crushed gravel, stone, rock, or dirt, sand or grass are not permitted as a paved surface.

PERFORMANCE SURETY. An amount of money or other negotiable security paid by the subdivider, developer, or property owner or his or her surety to the town which guarantees that the subdivider will perform all actions required by the town regarding an approved plat or other land development, and provides that if the subdivider, developer, or property owner defaults and fails to comply with the provisions of approval, the subdivider, developer, property owner, or his or her surety will pay damages up to the limit of the surety, or the surety will itself complete the requirements of the approval.

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.

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.

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

PHYSICAL MAP REVISION (PMR). An official republication of a community's FEMA map to effect changes to base (100-year flood) flood elevations, floodplain boundary delineations, regulatory floodways, and planimetric features. These changes typically occur as a result of structural works or improvements, annexations resulting in additional flood hazard areas, or correction to base flood elevations or SFHAs.

PLAN. See COMPREHENSIVE PLAN.

PLAN COMMISSION. See ADVISORY PLAN COMMISSION.

PLANNING DEPARTMENT. A department within the town government that performs the administrative function for the Planning Commission and other functions as directed by the Planning Commission and/or Town Council. Also known as COMMUNITY DEVELOPMENT DEPARTMENT.

PLANNING DIRECTOR. The person appointed by and/or delegated the responsibility for the administration of the zoning and subdivision control code regulations by the Advisory Plan Commissioner, or his or her designees. Also known as COMMUNITY DEVELOPMENT DIRECTOR.

PLANNING JURISDICTION. The area that a municipality has planning authority as drawn by each community in compliance with IC 36-7-4 et seq. For the planning jurisdiction of town see § 155.003.

PLAT. A map or chart that shows a division of land and is intended to be filed for record.

PLAT, FINAL. The final plat, pursuant to IC 36-7-4-700 series, is the plat document in recordable form. A final plat shall substantially conform with the preceding primary plat, or section thereof. The final plat and plans are not subject to public notices and public hearings. Final plat approval is an administrative function to be carried out in the manner prescribed by the written rules of the Advisory Plan Commission.

PLAT, PRELIMINARY. The preliminary plat, pursuant to IC 36-7-4-700 series, is the plat and plans upon which the approval of a proposed subdivision are based. The preliminary plat and plans shall be subject to public notice and public hearing according to law and according to Plan Commission rules.

PORCH. A roofed-over structure projecting out from the wall or walls of a main structure and commonly open to the weather in part.

POST-FIRM CONSTRUCTION. Construction or substantial improvement that started on or after the effective date of the initial FIRM of the community or after December 31, 1974, whichever is later.

PRACTICAL DIFFICULTY. A difficulty with regard to one's ability to improve land stemming from regulations of the zoning code. A practical difficulty is not a hardship, rather it is a situation where the owner could comply with the regulations within the zoning code, but would like a variance from the development standards to improve his or her site in a practical manner. For instance, a person may request a variance from a side yard setback due to a large tree which is blocking the only location that would meet the development standards for a new garage location.

PRE-FIRM CONSTRUCTION. Construction or substantial improvement that started on or before the effective date of the initial FIRM of the community or after December 31, 1974, whichever is later.

PRELIMINARY PLAT. See PLAT, PRELIMINARY.

PRIMARY BUILDING/STRUCTURE. The building or structure in which the primary use of the lot or premises is located or conducted. With respect to residential uses, the primary building or structure shall be the main dwelling.

PRIMARY USE. The main use of land or buildings as distinguished from an accessory use. A principal use may be either a permitted use or a special use.

PRIVATE ROAD. See ROAD, PRIVATE.

PROBATION. A means of formally notifying participating communities of violations and deficiencies in the administration and enforcement of the local floodplain management regulations.

PROFESSIONAL OFFICE. An office used by members of a recognized profession such as architects, artists, dentists, engineers, lawyers, musicians, physicians, surgeons or pharmacists, and real estate or insurance agents and brokers.

PROPERTY OWNER OF RECORD. The person(s) identified as the property owner on the most recent list prepared and maintained by the Lake County Assessor's Office.

PUBLIC IMPROVEMENTS. Any storm drainage facility, street, highway, parkway, sidewalk, pedestrian-way, tree, lawn, off-street parking area, lot improvement, utility, 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.

PUBLIC ROAD. All property dedicated or intended for public highway, freeway, or roadway purpose and subject to public use therefor.

PUBLIC SAFETY AND NUISANCE. Anything which is injurious to the safety or health of an entire community, neighborhood or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, basin, or canal.

PUBLIC SEWER SYSTEM. A community sewer system including collection and treatment facilities owned and maintained by a municipality or sewer utility.

PUBLIC UTILITY. Any firm, or corporation duly authorized to furnish under regulation to the public, electricity, gas, steam, telephone, fiber optics, transportation, water, or sewerage systems.

PUBLIC 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 including such of the above facilities owned and maintained by a municipality or utility.

PUBLIC WORKS AGREEMENT. A contract, between the developer and the town, to complete the necessary improvements in accordance with the approved plans and specifications by a given date.

PUBLIC/PRIVATE PARKING AREA. A group of parking spaces in an open area not including any part of a street or alley, designed or used for temporary parking of motor vehicles.

RACETRACK. Any venue for the sport of racing or competing where participants drive, ride, or control motorized or non-motorized vehicles. A racetrack may or may not have areas for spectators. RACETRACK includes, but is not limited to oval track racing, drag racing, bicycle racing, motorcross, tractor pulling, go-cart racing, remote control airplane flying, and similar uses.

REAR LOT LINE. The lot line that is opposite the front lot line and farthest from it, except that for a triangular or other irregularly-shaped lot, the line ten feet long, parallel to the front lot line, and wholly within the lot, that is farthest from the lot line.

REAR YARD. The horizontal space between the nearest foundation of a building to a rear lot line and that rear lot line, extending to the side lines of the lot, and measured as the shortest distance from the foundation to the rear lot line. The rear yard of a corner lot shall be that yard at the opposite end of the lot from the front yard.

RECREATIONAL VEHICLE PARK.

(1) Any site, lot, field, or tract of land under single ownership, ownership of two or more people, owner-occupied, or corporate ownership designed with facilities for short-term or seasonal occupancy for recreational vehicles. A RECREATIONAL VEHICLE PARK is not for permanent year-round or family residency occupancy.

(2) Types of RECREATIONAL VEHICLE PARKS:

(a) Type 1: Transient over-night camping. Cater to traveling RV public where campers usually occupy sites for one to three nights.

(b) Type la: Primitive unimproved camping. Sites generally without electric or water available except at central sites.

(c) Type 2: Recreational/seasonal non-permanent camping. Lots rented for RV campers to remain on site all year round but which prohibit off season occupancy. An RV park owner or manager enforces occupancy restrictions. Individual lots are not subject to buildable lot and setback restrictions but the campground, taken as a whole, must comply with size restrictions listed for campgrounds.

(d) Type 3: Owner-occupied seasonal camping. Lots which are owned by individual RV owners and RV campers remain on-site all year round but which prohibit lots from being occupied during the off-season. The elected officers of an association of lot owners enforce occupancy restrictions. Individual lots are not subject to buildable lot and setback restrictions but the campground, taken as a whole, must comply with size restrictions listed for campgrounds.

RECREATIONAL VEHICLE. A vehicle which is:

(1) Built on a single chassis;

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

(3) Designed to be self-propelled by a light duty truck; and

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

(5) A temporary dwelling for travel, recreation and vacation use including but not limited to:

(a) TRAVEL TRAILER: A vehicle identified by the manufacturer as a travel trailer, built on a chassis eight feet or less wide and 30 feet or less long and designed to move on the highway.

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

(d) CAMPING TRAILER: A canvas, folding structure, built on a chassis with wheels and designed to move along the highway.

REGIONAL AND LOCAL TRANSPORTATION PLANS. The transportation plan for the regionally (or county) designated transportation system which is produced by the regional transportation planning organization.

REGIONAL TRANSPORTATION PLAN ORGANIZATION (MPO). See METROPOLITAN PLANNING ORGANIZATION.

REGISTERED LAND SURVEYOR. A land surveyor properly licensed or registered through reciprocity permitted to practice in the State of Indiana.

REGISTERED PROFESSIONAL ENGINEER. An engineer properly licensed or registered through reciprocity permitted to practice in the State of Indiana.

REGULAR PROGRAM. The phase of the community's participation in the NFIP where more comprehensive floodplain management requirements are imposed and higher amounts of insurance are available based upon risk zones and elevations determined in a FIS.

REGULATORY FLOOD. The flood having a 1% probability of being equaled or exceeded in any given year, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resources Commission and the Federal Emergency Management Agency. The REGULATORY FLOOD is also known by the term BASE FLOOD.

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

REPETITIVE LOSS. Flood-related damages sustained by a structure on two separate occasions during a ten-year period ending on the date of the event for which the second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25% of the market value of the structure at the time of each such flood event.

REPLAT. Any change in a map of an approved or recorded subdivision plat.

RESIDENTIAL DISTRICT. Refers to the R1, R2, R3, and MH Districts.

RESIDENTIAL FACILITY FOR THE DEVELOPMENTALLY DISABLED/MENTALLY ILL. A residential facility which provides residential services for mentally ill individuals as described in IC 12-28-4(7-10). No two residential facilities for the mentally ill shall be within 3,000 feet of one another in the town planning jurisdiction as stated in Indiana Code.

RESTHOME. See NURSING HOME.

RE-SUBDIVISION. A change in a recorded subdivision plat if such change affects any street layout or area reserved thereon for public use or any lot line or easement; or if it affects any map or plan legally recorded.

RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by transportation facilities, public utilities, or other special public uses. Rights-of-way intended for any use involving maintenance by a public agency shall be dedicated to the public use by the maker of the plat on which such right-of-way is established.

RIGHT TO FARM. The state law or local code which protects farmers and farm operations from public and private nuisance lawsuits. A private nuisance interferes with an individual's use and enjoyment of the property. Public nuisances involve actions that injure the public at large.

RINGELMAN CHART. One which is described in the U.S. Bureau of Mines Information Circular 6888, and on which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke and smoke density.

RINGELMAN NUMBER. Designation of the area on the Ringelman Chart that coincides most nearly with the visual density of emission or the light-obscuring capacity of the smoke.

ROAD. Any vehicular route that:

(1) Is an existing state, county, or municipal roadway;

(2) Is shown upon a plat approved pursuant to law;

(3) Is approved by other official action; or

(4) Is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board to review plats;

(5) Includes the land between the street lines, whether improved or unimproved.

ROAD, COLLECTOR. A road designed to facilitate the collection of traffic from local streets and to provide circulation within neighborhood areas and convenient ways to reach arterial streets.

ROAD, PRIMARY ARTERIAL. A road with access control, restricted parking, and that collects and distributes traffic to and from collectors.

ROAD, PRIVATE. Vehicular streets and driveways which are wholly within private property except where they intersect with other streets within public rights-of-way and are maintained by the owner(s).

ROAD, PUBLIC. All property dedicated or intended for public highway, freeway, or roadway purpose or subject to public easements therefor.

ROOF MOUNTED ANTENNA. Any device attached to a building, or structure that is used for wireless telecommunications service. (Not included in these definitions are AM radio, non commercial but residential type radio, TV, ham two-way radio, short-wave radio, antennas and satellite dishes but which may be included in other sections of the zoning code).

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

R.O.W. See RIGHT-OF-WAY.

SALVAGE YARD. See SCRAP METAL YARD.

SATELLITE DISH/ANTENNA. An apparatus capable of receiving communications from a transmitter relay located in a planetary orbit, or broadcasted signals from transmitting towers.

SCHOOL. A public or private institution which offers instruction in any of the branches of learning and study comparable to that taught in the public schools under the Indiana school laws, including pre-kindergarten, kindergarten, elementary school, and junior and senior high schools, but excluding trade, business, or commercial schools.

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 such 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 said items for reuse by the connected other general industrial use or for storage, sale or shipment and use in other industries or businesses including open hearth, electric furnaces and foundry operations; such an establishment shall not include junk yards or automobile graveyards.

SECTION 1316. That section of the National Flood Insurance Act of 1968, as amended, which states that no new flood insurance coverage shall be provided for any property that the Administrator finds has been declared by a duly constituted state or local zoning authority or other authorized public body to be in violation of state or local laws, regulations, or ordinances that intended to discourage or otherwise restrict land development or occupancy in flood-prone areas.

SEMI-NUDE MODEL STUDIO. Any place where a person, who regularly appears in a state of semi-nudity is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons, except in cases where the activity is:

(1) Limited to participants of a class for which students must enroll at least three days in advance of the class;

(2) Operated by a college, junior college, or university supported entirely or partly by taxation, or whose educational programs provide credit transferable to a college, junior college, or university supported entirely or partly by taxation; and

(3) Inside a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing.

SETBACK. The minimum horizontal distance between the building line and a lot line or right-of-way.

SEXUAL ENCOUNTER ESTABLISHMENT. A commercial establishment, that as one of its principle business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of specified sexual activities or when one or more of the persons is semi-nude. The definition of SEXUAL ENCOUNTER ESTABLISHMENT shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore, adult novelty store, adult video store, adult retail store, adult cabaret, adult motel, or adult entertainment call-out service in the form of semi-nude dancing or exhibition, adult motion picture theater, adult theater, semi-nude model studio, or sexual encounter establishment.

SEXUALLY ORIENTED ENTERTAINMENT ACTIVITY. The sale, rental, trade, or exhibition for any form of consideration, of books, videos, films, video cassettes, video discs, magazines, periodicals, or live performances which are characterized by an emphasis on the exposure or display of specified sexual activities or specified anatomical areas.

SFHA or SPECIAL FLOOD HAZARD AREA. Those lands within the jurisdiction of the town that are subject to inundation by the regulatory flood. The SFHAs of the town are generally identified as such on the Flood Insurance Rate Map of the county prepared by the Federal Emergency Management Agency and dated October 18, 1983. The SFHAs of those parts of unincorporated Lake County that are within the extraterritorial jurisdiction of the town or that may be annexed into the town are generally identified as such on the Flood Hazard Boundary Map prepared for Lake County by the Federal Emergency Management Agency and dated September 2, 1981.

SHARED HOUSING. Any dwelling unit which the owner allows to be occupied by unrelated persons living as a single housekeeping unit, provided that the number of occupants does not exceed twice the number of bedrooms, and that the total number of unrelated occupants does not exceed four regardless of the number of bedrooms.

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

SIDE YARD. The horizontal space between the nearest foundation of a building to the side lot line and that side lot line, unoccupied other than by architectural appurtenances projecting not more than 24 inches into that space; steps or terraces not higher than the level of the first floor of the building; and open lattice-enclosed fire escapes, fireproof outside stairways and balconies projecting not over 24 inches into that space.

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

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

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

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

SIGN, ADVERTISING. A sign which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such sign is located or to which it is affixed.

SIGN, BUSINESS. A sign which directs attention to a business or profession or to a commodity, service, or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.

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

SIGN, FREESTANDING. A sign mounted on a pole or similar structure and not attached to a building.

SIGN, GROSS AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. (Such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display).

SIGN, GROUND. A sign in which the bottom edge of the sign is permanently affixed to the ground. A monument sign is another name for a ground sign.

SIGN, MURAL. A sign painted onto the side of a building, wall, ground, or structure. A mural sign is regulated as a wall sign in the zoning code. Murals not meeting the definition of a sign are not regulated by the zoning code.

SIGN, OFF-PREMISE. A sign which directs attention to a business, commodity, service, organization, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located or to which it is affixed. This includes billboard and outdoor advertising signs.

SIGN, PORTABLE. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A or T-frames; menu or sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in normal day-to-day operations of the business.

SIGN, PROJECTING. A sign attached to and supported exclusively by a building which extends out from the building wall at an angle.

SIGN, TEMPORARY. An on-premise advertising or identification device not fixed to a permanent foundation, for the purpose of conveying information, knowledge, or ideas to the public about a subject related to the activities on the premises upon which it is located.

SIGN, WALL. A sign attached to the wall of a building with the sign face parallel to the face of the wall on which it is attached, and which projects from the wall surface less than 12 inches. Wall signs shall not extend beyond the edges of the wall or roofline (see SIGN, PROJECTING).

SIGN, WINDOW. Any sign applied or painted on, affixed to, or hung near a window and intended to be or exclusively visible from the exterior of a building. In calculating the gross area of a window sign, any perimeter decoration, including appliques, light strips, and neon tubes, and any oblique, semi-transparent, or lighted background, shall be included in determining the sign extents.

SINGLE-FAMILY DWELLING. A detached residential dwelling unit designed for and occupied by one family.

SITE DEVELOPMENT PLAN (SITE PLAN). The plan indicating the location of existing and proposed buildings, structures, paved areas, walkways, vegetative cover, landscaping and screening within a site proposed for development which is to be submitted to the Plan Commission and/or staff for approval prior to the release of improvement location permits on the site.

SMALL WIND ENERGY CONVERSION SYSTEM. A small wind energy conversion system has a maximum height of 120 feet and a maximum rotor diameter of 30 feet.

SMOKE UNIT. The number obtained when the smoke density in Ringelmann Numbers is multiplied by the time of emission in minutes. (For the purpose of this calculation:

(1) A Ringelmann density reading shall be made at least once a minute during the period of observation;

(2) Each reading is then multiplied by the time in minutes during which it is observed;

(3) The various products are then added together to give the total number of smoke units observed during the entire observation period).

SOUND LEVEL METER. An instrument standardized by the American Standards Association for measurement of the intensity of sound.

SPECIAL EXCEPTION. A use not classifiable in the customary zoning districts; or a use which may not under circumstances be inharmonious in zoning districts where not normally permitted; or a use requiring special consideration of its probable effect upon property and uses in its vicinity, which nevertheless may be permitted in specific controlled situations in accordance with the terms of this chapter.

SPECIAL FLOOD HAZARD AREA. See SFHA.

SPECIAL USE. A use that is designated by the zoning code as being permitted in the district concerned if it meets special conditions, is found to be appropriate and upon application, is specifically authorized by the Board of Zoning Appeals. Also known as a special exception.

SPECIAL USE HORSE/EQUESTRIAN. The total number of horses stabled on a property which is not zoned for agriculture or commercial equestrian usage shall not exceed one animal per primary family group member plus one.

SPECIFIED ANATOMICAL AREAS. The human genitals, anus, cleft of the buttocks, or the female breast.

SPECIFIED SEXUAL ACTIVITY. Refers to any of the following:

(1) Sex acts, normal or perverted, including intercourse, oral copulation, masturbation, or sodomy; or

(2) Excretory functions as part of or in connection with any of the activities described in division (1) above.

STABLE, PRIVATE. A building or structure which is located on a lot on which a dwelling is located, and which is designed, arranged, used, or intended to be used for housing saddle horses or ponies primarily for the use of occupants of the dwelling, but in no event for hire. Horses shall be subject to the animal unit/acreage restrictions for the available pasture space.

STORAGE, OUTDOOR. The outdoor accumulation of goods, junk, cars, busses, tractor trailers, railroad cars, equipment, products, or similar materials for permanent or temporary holding.

STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof. (A basement having more than one-half the clear floor-to-ceiling height above grade shall be considered a story.)

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

STREET. A partially or fully improved public right-of-way which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, except public utility communication and electrical transmission lines and equipment and facilities supporting the same and/or incidental thereto.

STRUCTURAL ADEQUACY. Determination by Town Engineer that the pavement cross section (or bridge design) is of sufficient depth and design to carry the increased traffic volume generated by the proposed development, including the heavy construction vehicles which will be present, without causing undue failure of the infrastructure.

STRUCTURAL ALTERATION. A change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as the addition, removal, or alteration of bearing walls, columns, beams, girders, or foundations. Also, substantial roofing and siding work when repairs are made to the structure beneath.

STRUCTURE. A structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, stadiums, platforms, radio towers, sheds, storage bins, fences, and display signs or a prefabricated building. The term also includes recreational vehicles to be installed on a site for more than 180 days.

STRUCTURE HEIGHT. The vertical distance measured from the lot ground level to the highest point of the roof.

SUBDIVISION. The division of a lot, tract or parcel of land into two or more lots, parcels, sites or other divisions of land for the purpose, whether immediate or future, of transfer of ownership or for building development. It includes resubdivision and when appropriate to the context, relates to the process of resubdividing or to the land or territory subdivided.

SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred substantial damage regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements or any alteration of an historic structure, provided that the alteration will not preclude the structures continued designation as an historic structure.

SURETY. See PERFORMANCE SURETY.

SWIMMING POOL. A self-contained body of water at least 18 inches deep and eight feet in diameter or width and used for recreational purposes. It may be above or below ground level and shall be considered an accessory structure/use.

TEMPORARY USE/STRUCTURE. A land use or structure established for a limited and fixed period of time with the intent to discontinue such use or structure upon the expiration of the time period.

THEATER. A facility for audio and visual productions and performing arts, excluding adult motion picture theaters and adult entertainment businesses.

THOROUGHFARE PLAN. The official plan adopted as part of the Lowell Comprehensive Plan, March 20, 2001, or as subsequently amended, which includes a street plan, sets forth the location, alignment, dimensions, identification, and classification of existing and proposed streets, and other thoroughfares. All proposed right-of-way widths shall be treated as front property lines for the purpose of determining front yards and front setbacks except where the existing right-of-way is greater than the proposed right-of-way in which case the existing right-of-way shall be used. In no case shall there be any structures or signs located in the proposed right-of-way.

THOROUGHFARE PLAN/STREET CLASSIFICATION WIDTHS. The following widths shall be used to determine the proposed rights-of-way for street classification in the Lowell Thoroughfare Plan unless a specific width is delineated by another section of the development code:

(1) Arterial - 100 feet;

(2) Collector - 80 feet;

(3) Local - 60 feet.

TOURIST CAMP. A parcel or tract of land containing facilities for locating three or more trailers or mobile homes, and for use only by transients remaining less than one month, whether or not a charge is made. (Not including an open sales lot in which automobiles or unoccupied trailers are parked for the purposes of inspection or sale).

TOURIST HOME. A dwelling in which not more than nine sleeping rooms are provided or offered to transient guests for compensation (Not including a hotel, apartment hotel, or motel). A TOURIST HOME is not considered an accessory use or a home occupation.

TOWER. A ground pole, spire, structure, or combination thereof including supporting lines, cables, wires, braces, and masts intended primarily for the purpose of mounting an antenna, a meteorological device, or other similar apparatus above ground for use as a wireless telecommunications facility. (Not included in these definitions are AM radio, non-commercial but residential type radio, TV, ham two-way radio, shortwave radio, antennas and satellite dishes but which may be included in other sections of this zoning code.)

TOWN. Lowell, Indiana.

TRAILER. Trailers designed for human dwellings can be divided into RV or mobile homes. To be classified as a RV trailer it must be less than 400 square feet and a trailer of 400 square feet or more is classified as a mobile - single wide). Trailers used for construction or sales offices should not be considered the same as RV or as mobile homes.

TRANSPORTATION FACILITIES. Capital facilities related to air, water, or land transportation.

TRANSPORTATION IMPROVEMENT PLAN (TIP). An annual document prepared by the Lake County Commissioners indicating local and state transportation projects which are planned for the following three-year period.

TRANSPORTATION LEVEL OF SERVICE STANDARDS. A measure that describes the operational condition of the travel stream and acceptable adequacy requirements. Such standards may be expressed in terms such as speed and travel time, freedom to maneuver, traffic interruptions, comfort, convenience, geographic accessibility, and safety. For example, a transportation measure of capacity is a standardized index of relative service provided by a road or highway ranging from "A" to "F" with "A" representing free, unobstructed flow and "F" representing a forced flow beyond capacity of the facility as defined in the Highway Capacity Manual published by the Transportation Research Board (Special Report #209).

TWO-FAMILY DWELLING. A residential building containing two dwelling units designed for occupancy by not more than two families.

USE. The purposes for which land, building, or structure thereon is designed, arranged, or intended, or for which it is occupied, maintained, let, or leased.

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

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

USE, SPECIAL. A use (either public or private) which, because of its unique characteristics, cannot be properly classified as a permitted use in any particular district or districts.

VARIANCE. A minimum departure from the strict application of the specific requirements of this chapter granted by the Board of Zoning Appeals in accordance with the terms of this chapter for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity or district.

VARIANCE, DEVELOPMENT STANDARDS. A specific approval granted by a Board of Zoning Appeals in the manner prescribed by the zoning code, to deviate from the development standards (such as height, bulk, area) that the code otherwise prescribes.

VARIANCE, USE. The approval of a use other than that prescribed by the zoning code.

VARIETY STORE. A retail establishment that sells a multitude of consumer goods.

VEHICLE. A device used as a mode of transportation of persons and/or goods including but not limited to automobiles, semi-tractor trailers, all types of trailers, snowmobiles, recreational vehicles, motorcycles and like devices.

VEHICLE, INOPERABLE. A vehicle which due to mechanical defect or failure or incorrect or unapparent licensing is not physically or legally able to be operated.

WATER SURFACE ELEVATION. The height, in relation to the NAVD 88 or NGVD of floods of various magnitudes and frequencies in the floodplains of riverine areas.

WATERCOURSE. A lake, river, creek, stream, wash, channel or other topographical feature on or over which waters flow at least periodically. WATERCOURSE includes specifically designated areas in which substantial flood damage may occur.

WETLAND. An area that is inundated or saturated by surface or ground water at a frequency and duration that under normal circumstances supports a prevalence of hydrophytic vegetation.

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

WIND ENERGY CONVERSION SYSTEM (WECS). The equipment that converts and then stores or transfers energy from wind into usable forms of energy and includes any base, blade, foundation, generator, nacelle, rotor, wind tower, transformer, turbine, vane, wind farm collection system, wire, or other component used in the system.

WIND TOWER. The monopole, freestanding, or guyed structure that supports the energy capture, conversion, storage and transfer components of a WECS.

WIRELESS TELECOMMUNICATIONS FACILITY. A wireless telecommunications facility consists of the tower, antennas, electronics equipment and all other structures in conjunction with the tower and antenna.

WIRELESS TELECOMMUNICATIONS SERVICES. Licensed public commercial telecommunications services, including but not limited to cellular, digital, personal communication services (PCS), enhanced specialized mobilized radio (ESMR), paging, and other similar services that are marketed to the general public.

YARD. An open space on the same lot with a building or structure, unoccupied and unobstructed from 30 inches above the general ground level to the sky, except as otherwise permitted. (A yard extends along a lot line, and to a depth or width specified in the yard requirements for the zoning district in which such lot is located).

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

YARD, FRONT. A yard extending along the full length of the front lot line between the side lot lines.

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

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

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

YARD, TRANSITIONAL. A yard which must be provided on a lot in a Business District which adjoins a lot in a Residential District, or a yard which must be provided on a lot in a Manufacturing District which adjoins a lot in either a Residential or Business District.

ZONING DISTRICT. See DISTRICT.

ZONING MAP. See OFFICIAL ZONING MAP.

(Ord. 2013-02, passed 3-11-13; Am. Ord. 2016-14, passed 8-8-16; Am. Ord. 2018-19, passed 8-13-18)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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