For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A subordinate building or structure that is located on the same lot as a principal building and not used or designed for human occupancy.
ACCESSORY APARTMENT. A dwelling unit that is subordinate to the principal use of a commercial or other nonresidential structure. The accessory apartment may total not more than 50% of the total gross floor area coverage of the lot.
ACCESSORY USE. A use incidental, related, appropriate and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of the subject lot or affect other properties in the district.
ADVERTISING STRUCTURE. Any structure used as an outdoor display, designed for or upon which there is a notice or advertisement, pictorial or otherwise, regardless of size and shape, for the purposes of making anything known, the origin or sale of which is not on the property with such advertising structure.
(1) BACK-TO-BACK SIGN. An off- premises sign consisting of two sign facings oriented in opposite directions with not more than two faces per sign facing.
(2) DOUBLE FACED SIGN. An off- premises sign with two adjacent faces oriented in the same direction and not more than ten feet apart at the nearest point between the two faces.
(3) FACING. That portion of an off- premises sign upon which advertising is affixed or painted and visible in one direction at one time.
(4) FREESTANDING SIGN. An off- premises sign erected on a freestanding framework supported and affixed by one or more uprights or braces in or upon the ground.
(5) LEGALLY NONCONFORMING ADVERTISING SIGN STRUCTURE. A nonconforming advertising sign structure lawfully erected before the effective date of this chapter or any subsequent amendments but does not comply with the provisions of this chapter as amended or later fails to comply with provisions of this chapter due to changed conditions. Changed conditions include, for example, any reclassification of zones under this chapter or any subsequent change in the regulations of this chapter and any time periods specified for discontinuance of nonconforming uses shall be measured from the date of such reclassification or change. The advertising sign structure must remain substantially (90%) the same as it was on the effective date of the provisions of this chapter as amended. Reasonable repair and maintenance of the advertising sign structure not to exceed 10% of the current annual replacement cost, including changing of the advertising message, is not a change, which would terminate nonconforming rights.
(6) MULTIPLE-FACED SIGN. An off- premises advertising sign structure comprised of sections which rotate to display a series of advertisements, each advertisement being displayed for at least five seconds continuously without movement; the duration of movement of sections between advertisements not exceeding two seconds.
(7) OFFICIAL SIGN. A sign erected by a governmental agency or its designee, setting forth information pursuant to law.
(8) OFF-PREMISES OUTDOOR ADVERTISING SIGN STRUCTURE. A sign, including the supporting sign structure, which is visible from a street or highway and advertises goods or services not usually located on the premises and/or property upon which the advertising sign structure is located; also locally known as a BILLBOARD. The following shall not be considered an off-premises advertising sign structure for the purposes of this chapter:
(a) Directional or official signs authorized by law;
(b) Real estate signs;
(c) On-premises signs.
(9) OFF-SITE or OFF-PREMISES (regarding advertising sign structures). Any advertising sign structure not located on the same lot or parcel as the use it is serving.
(10) STRUCTURE SETBACK. Determined from the ground to any portion of the leading edge of the sign or any part of the structure, as the perpendicular measurement parallel to the ground from a lot line to a vertical line, real or imaginary.
AGRICULTURAL BUILDING. A structure utilized for the conduct of farming operations but it does not include a dwelling.
AIRCRAFT. Any contrivance, now known or hereinafter invented, for use or designed for navigation of or flight in the air or outer space, including missiles.
AIRPORT. Any area which is used or intended to be used for the taking off and landing of aircraft, including helicopters, and any appurtenant areas which are used or intended to be used for airport buildings or facilities, including open spaces, taxiways and tie-down areas.
ALLEY. A right-of-way, other than a street, road, crosswalk or easement, that provides secondary access for the special accommodation of the abutting property.
APARTMENT HOUSE. Means the same as DWELLING, MULTI-FAMILY.
AUTOMATIC CAR WASH. A building, or portion thereof, where automobiles are washed by mechanical devices of any kind, including both self- service and drive-through car washes.
AUTOMOBILE SERVICE STATION. Any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication or washing of automobiles and replacement or installation of minor parts and accessories, but not including major repair work such as motor replacement, body and fender repair or spray painting.
BASEMENT. A space wholly or partly underground and having more than one-half of its height, measuring from its floor to its ceiling, below the average adjoining finished grade; if the finished floor level directly above a basement is more than six feet above finished grade at any point, such space shall be considered a story.
BED & BREAKFAST (B&B). Formerly a single family dwelling in the four to five room range, this owner-occupied establishment has an equally mixed use as home and lodging with lodging superseding home more often than not. It is located in a legally zoned area and meets all the tax, fire, building and health requirements for this size and use of property. This establishment advertises publicly and can legally post a sign. Like homestay or host home, because of its size, these B&B’s usually cannot support a family unit, so the B&B is often one partner’s job and the other has outside income. Often the property is purchased specifically to be a B&B, but many are converted family homes. Reservations may be made directly with the property.
BED AND BREAKFAST HOTEL. These are 30 plus rooms, historic properties offering breakfast that
can only be considered hotels. Only the historic structure and perhaps some decorating component and breakfast provide the B&B feel.
BED & BREAKFAST INN. Generally small, owner-operated businesses providing the primary financial support of the owner. Usually the owner lives on premises. The building’s primary usage is for business. Inns advertise, have business licenses, produce their own brochures, comply with government ordinances, pay all appropriate taxes and post signs. Breakfast is the only meal served and only to overnight guests. The inn may host events such as weddings, small business meetings and the like. Room numbers range from four to 20 with a small, but increasing number up to 30. Reservations may be made directly with the property. Note: the distinction between a “B & B” and a “B & B Inn” is not readily apparent, except with regard to building usage.
BLOCK. Property having frontage on one side of a street and located between the two nearest intersecting or intercepting streets or nearest intersecting or intercepting street and railroad right- of-way, waterway or other barrier. When intersecting or intercepting streets and railroad right-of-way, waterway or other barriers do not exist, within 660 feet on either side of the centerline of the area, the unit of 660 feet shall be used. The measurement may begin at a quarter section line and terminate each 660 feet unless intersected by a street.
BOARDING HOME FOR CHILDREN. The place of residence of a person who for hire, gain or reward has in his custody or control a child, unattended by parent or legal guardian, except a child related by blood or marriage, for the purpose of providing him or her with care, food or lodging.
BOUTIQUE INN, SMALL LUXURY HOTEL. This group of properties, by name, are expensive and elaborately decorated. They often provide hotel-like services with personal touch from employees. The size ranges from 15 to 50 rooms. The owner may be involved in daily operation, but generally a manager is responsible to a corporation. Meal service is usually breakfast only, but in some instances very
high-quality dinner and/or lunch service and room service are also provided.
BUILDING. A roofed structure for the shelter, support, enclosure or protection of persons, animals or property.
BUILDING AREA. The horizontal projected area of the buildings on a lot, excluding open areas or terraces, unenclosed porches not more than one story high and architectural features that project no more than two feet, but including above ground swimming pools.
BUILDING FRONT LINE. The total length of all walls nearest to and parallel with the front lot line, which walls are within 12 feet of one another.
BUILDING LINE. The line that establishes the minimum permitted distance on a lot between the front line of a building and the street right-of-way line.
BUSINESS. The purchase, sale or exchange of goods or services or the maintenance for profit of offices or recreational or amusement enterprises.
CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes, including columbarium, crematory, mausoleum or mortuary operated in conjunction with and on the same tract as the cemetery.
CHARITABLE INSTITUTION. A nonprofit organization, with federal and state tax exempt status, which organization is supported mainly from public and private donations, which donations are held in trust to be used for the objects and purposes expressed in the institution’s articles, constitution, bylaws, charter and the like, which purposes must be for the promotion of the welfare of others. CHARITABLE INSTITUTION shall include any IRS Code Section 501(c)(3) organization.
CHILDREN’S HOME or CHILD CARING INSTITUTION. Any children’s home, orphanage, institution or other place maintained or conducted by any group of persons, a firm, association or
corporation engaged in receiving and caring for dependent, neglected, handicapped children or children in danger of becoming delinquent or in operating for gain a private business of boarding children who are unattended by parent, guardian or person in loco parentis.
CLINIC. An establishment in which patients are admitted for study or treatment of a disease, disorder or disability and in which the services of at least two physicians, dentists or chiropractors are provided.
COMMERCIAL CLASSIFICATIONS. These shall be obtained from the latest edition of the Standard Industrial Classification Manual, Executive Office of the President, Bureau of the Budget, on file at the office of the Advisory Plan Commission; also abbreviated as SIC.
COMMISSION. The Advisory Plan Commission of Marion, Indiana.
CONDOMINIUM. Ownership in common with others of a parcel of land and certain parts of a building thereon which would normally be used by all the occupants, such as yards, foundations, basements, floors, walls, hallways, stairways, elevators and all other related common elements, together with individual ownership in fee of a particular unit or portion of such building or parcel.
COOPERATIVE. A building or land in which art individual owns stock in a corporation with the right through a proprietary lease to occupy a portion of the land or a part of a building.
COUNTRY INN. A business offering overnight lodging and meals where the owner is actively involved in daily operations, often living on site. These establishments are, in fact, bed-and-breakfast inns which serve at lease one meal in addition to breakfast and operate as restaurants as well as overnight lodging accommodations. Modified American Plan (MAP) country inns serve dinner to overnight guests only, and the cost of dinner and breakfast is generally included in the room rate. A country inn with a full-service restaurant serves these
additional meals to the general public. To be a country inn, a property does not have to be located in a rural area. Room numbers tend to range from 6 to 30.
CUSTOMARY FARM HOME OCCUPATION. An occupation carried on by an occupant of a residence which occupation shall be subordinate and incidental to the residential use of said farm. When customary residential farm occupation, or a portion thereof, will be carried on within the principal building, it shall not occupy more than 20% of the gross floor area of the residence. The occupation may be permitted to be carried on within an accessory building but shall not occupy more than 30% of the total accessory building space or an open land not to exceed 1,000 square feet and may include outside storage not to exceed 1,000 square feet. In no case will open land be used to store scrap, disabled or inoperable vehicles or equipment or vehicle or equipment parts or any other objects constituting junk as defined in the AWZO. There shall be no more than one unlighted identification sign (not including the residential nameplate) not exceeding two square feet in area to be placed flat against the residence in which the occupation is conducted. There shall be no traffic congestion nor traffic hazard created by the home occupation. Only the occupant or members of his or her family normally residing in said residence shall be employed at the residence or elsewhere in said occupation. No retail sales, manufacture, or automotive service operation is permitted. No external changes, additions, enlargements, or exterior alterations changing the residential appearance to a business or commercial appearance shall be permitted. There shall be no physical expansion of utilities or community facilities beyond that normal to the residential use of the property. The Board of Zoning Appeals shall impose in each case setback or screening requirements to minimize adverse impact (visual, noise, odor and the like) on neighbors and the public right-of-way. Additional stipulations or requirements may be imposed on a case by case basis as deemed necessary or appropriate by the Board of Zoning Appeals. Whenever a sign is posted for the CHO, the permit number shall be visible and located in the lower right hand corner in one half inch letter/numbers of the sign.
CUSTOMARY HOME OCCUPATION. An occupation carried on by an occupant at his or her place of residence, which occupation shall be subordinate and incidental to the residential use of said residence, provided that: there shall be no external evidence of the occupation other than one identification sign not exceeding one square foot in area to be placed flat against the residence where the occupation is conducted; there shall be no traffic- congestion nor traffic hazard created by the home occupation; only the occupant or members of his or her family, normally residing in said residence, handle all the work and does not employ others at the residence or elsewhere in said occupation; no external changes, additions, enlargements or exterior alterations changing the residential appearance to a business or commercial appearance shall be permitted; there shall be no physical expansion of utilities or community facilities beyond that normal to the residential use of the property.
DAY NURSERY. Any institution operated for the purpose of providing care and maintenance to children separated from their parents or guardians or a person in loco parentis during a part of the day for two or more consecutive weeks excepting a school or other bonafide educational institution.
DETACHED BUILDING. A building that has no structural connection with another building.
DIRECTOR. The Executive Director of the Marion Advisory Plan Department.
DISABLED VEHICLE. A licensed motorized vehicle, including but not limited to, those vehicles unable to be operated under their own power for a short period of time due to accident, mechanical failure or legitimate restoration purposes. This includes vehicles intended by their owners to be inoperable for short periods of time and is separate and distinct from junk and antique vehicles as defined by I.C. 9-18-12-1.
DRIVE-IN RESTAURANT. A building or structure in which food and/or drink are primarily prepared for sale and consumption under one or more of the following conditions:
(1) Within vehicles on the premises with such structure;
(2) On the premises outside of such structure;
(3) Take-out restaurants for consumption off the premises. (See definition of
RESTAURANT).
DWELLING. A building or part of a building having a permanent perimeter wall that is used primarily as a place of abode, but not including a hotel, motel, lodging house, boarding house, tourist home or mobile home as defined herein.
DWELLING, FARM. Single family dwellings located upon farms and occupied or used by the owner, farm tenant or other persons employed thereon.
DWELLING, MULTI-FAMILY. A dwelling consisting of three or more dwelling units with varying arrangements of entrances and party walls.
DWELLING, SINGLE-FAMILY. A building consisting of a single dwelling unit only, separated from other dwelling units by open space.
DWELLING, TWO-FAMILY. A building consisting of two dwelling units, which may be created by remodeling an existing building, by standard on-site assembly of component parts, or by assemblage of originally designed and manufactured components.
DWELLING UNIT. A dwelling or part of a dwelling used by one family as a place of abode. This definition includes a manufactured home as originally designed and built on or after June 15, 1976, in a factory, which manufactured home bears a seal certifying that it was built in compliance with the Federal Manufactured Housing Construction and Safety Standards Law (1974 USC 5401). However, in the city, a manufactured home must be originally built and designed with other than metal roofing materials. Nonmanufactured additions may be made to manufactured homes, providing the participating jurisdiction undertakes Building Code inspections.
FAMILY. One or more persons living as a single housekeeping unit, but not including a group occupying a hotel, motel, club, nurse’s home, dormitory or fraternity or sorority house. Family shall include members of all classes of individuals protected by federal and state law from discrimination based upon any applicable law.
FARM, CONFINEMENT FEEDING. Any operations involving the production of livestock or fowl or related operations, indoors or outdoors, within buildings or structures or in paved or unpaved feed lots, wherein five square feet or less of feed lot area is provided per laying hen or eight square feet or less per hog weighing 225 pounds or less, 15 square feet or less per lamb or ewe, 50 square feet or less per sow, 50 square feet or less per feeder steer or 100 square feet or less per dairy cow, provided that this definition shall not apply to operations involved with the processing of products of confinement feeding operations.
FARM, GENERAL. An area, containing five acres or more, used for agricultural operations, including truck gardening, forestry, the operation of a tree or plant nursery or the production of livestock and poultry except as defined under FARM, CONFINEMENT FEEDING; or the accessory processing of farm products produced on the farm by the resident owner or tenant, but it does not include commercial or custom slaughtering.
FILLING OR SERVICE STATION. Means same as AUTOMOBILE SERVICE STATION.
FRONT LINE. With respect to a building means the line of the face of the building nearest the front lot line.
GARAGE, AUTOMOBILE REPAIR. A building other than a public or private garage used for the care, repair or equipment of automobiles.
GARAGE, PRIVATE. A detached accessory building or a portion of a main building on the same lot as a dwelling for the housing of vehicles of the occupants of the dwelling, including carports.
GARAGE, PUBLIC. Any garage, other than a private garage, for the parking of vehicles.
GARAGE, TRUCK REPAIR. A building other than a public or private garage used for the care, repair or equipment of trucks over one ton or where such vehicles are parked or stored for remuneration, hire or sale.
GENERAL INDUSTRIAL USE. Manufacturing, processing, extraction, heavy repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or wastes in which operations, other than transportation, may be performed in either open or closed areas.
GROUND FLOOR AREA. The area of a building in square feet as measured in a horizontal plane at the ground floor level within its largest outside dimensions, exclusive of open porches, breezeways, terraces, garages and exterior stairways.
GUEST HOUSE. An accessory structure without kitchen facilities which is used for purposes of housing occasional guests or members of the family who live as part of a single housekeeping unit with the family residing in the primary residence on the property.
HEIGHT. With respect to a building, means the vertical distance from the lot ground level to the highest point, for a flat roof; to the deck line, for a mansard roof; and to the mean height between eaves and ridges, for a gable, hip or gambrel roof.
HOME PROFESSIONAL OFFICE. A portion of a residence used or intended to be used as an office for a lawyer, architect, engineer, land surveyor, accountant and other similar professions, but not including medicine or dentistry. The profession shall be carried on by an occupant of the residence which occupation shall be subordinate and incidental to the residential use of said residence. The home professional office shall be carried on within the principal building, but shall not occupy more than 20% of the gross floor area of the residence. There shall be no more than one unlighted identification sign
(not including the residential nameplate), not exceeding two square feet in area to be placed flat against the residence in which the occupation is conducted. There shall be no traffic congestion nor traffic hazard created by the home occupation. Only the occupant or members of his or her family normally residing in said residence shall be employed at the residence or elsewhere in said occupation. No external changes, additions, enlargements or exterior alterations changing the residential appearance to a business or commercial appearance shall be permitted. There shall be no physical expansion of utilities or community facilities beyond that normal to the residential use of the property.
HOMESTAY HOST HOME. This type of establishment is an owner-occupied private home where the business of paying guests is secondary to its use as a private residence. The hosts are primarily interested in meeting new people and making some additional monies while continuing their present employment or retirement. Frequently located in residential areas, the use of signs, public advertising, and the like are not permitted. Usually between one and three rooms, these homes are booked and usually inspected by a reservation service organization (RSO and other agencies such as a club, travel agency, university, and the like) and are not required to be licensed or inspected by local applicable governmental agencies. Breakfast is the only meal served. In some instances, it may be an unhosted apartment where breakfast is self-serve.
HOTEL. A building in which lodging is provided and offered to the public for compensation and which is open to transient guests, in contradistinction to a boarding or lodging house.
INDUSTRIAL PARK. A tract of land which is planned and developed as a distinctive and attractive unit, featuring landscaped open spaces of generous dimensions and well designed structures to be used for industrial research, light industrial operations, offices and similar purposes and for uses necessary to the convenience of employees and is controlled by an organization guaranteeing the continued maintenance of all commonly used areas and installations.
INOPERABLE OR ABANDONED VEHICLE. A vehicle that is either unlicensed and/or from which there has been removed the engine, transmission, body parts, differential, or parts, or that is otherwise partially dismantled or inoperable; however, this definition shall not include antique or historic motor vehicles, as defined by I.C. 9-18-12-1.
JUNK YARD. A place, usually outdoors, where waste or discarded used property other than putrefying matter is accumulated and/or stored and is or may be salvaged for reuse or resale, including, but not limited to, one or more unlicensed or inoperable motor vehicles or farm machinery or equipment of any kind.
JURISDICTIONAL AREA. The unincorporated area of the City of Marion Indiana.
KENNEL. A place primarily for keeping five or more dogs, or other small animals, that are ordinarily kept as pets and are at least six months old.
LIGHT INDUSTRIAL USE. Manufacturing, processing, extraction, heavy repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or wastes in which all operations, other than transportation, are performed entirely within enclosed buildings and for which all loading and unloading facilities are enclosed.
LOADING BERTH. An off-street, off-alley area designed or used to load or unload vehicles.
LODGING HOUSE. A building, not available to transients, in which lodgings but not meals are regularly provided for compensation for at least three but not more than 30 persons.
LOT. A parcel, tract or area of land accessible by means of a street or place abutting upon a street or place. In the case of an irregularly shaped lot, the front lot width must equal at least 60% of the required lot width, prescribed for the district, at the building setback line. It may be a single parcel separately described in a deed or plat which is recorded in the office of the County Recorder or it may include parts of or a combination of such parcels when adjacent to
one another and used as one. In determining lot area and boundary lines, no part thereof within the limits of a street shall be included.
LOT CORNER. A lot at the junction of and abutting two intersecting or intercepting streets.
LOT COVERAGE. The percentage of the lot area that is represented by the building area.
LOT, DEPTH OF. The mean horizontal distance between the front line and rear line of the lot, measured in the general direction of the side lot lines.
LOT GROUND LEVEL.
(1) For a building having walls abutting (that is, generally parallel to and not more than five feet from) one street only, means the elevation of the sidewalk at the center of the wall abutting the street.
(2) For a building having walls abutting more than one street, means the average of the elevations of the sidewalk at the centers of all walls that face streets.
(3) For a building having no wall abutting a street, means the average level of the ground adjacent to the exterior walls of the building.
LOT INTERIOR. A lot other than a corner lot or a through lot.
LOT LINE FRONT.
(1) For an interior or through lot, means the line marking the boundary between the lot and the abutting street.
(2) For a corner lot, means the line marking the boundary between the lot and the shorter of the two abutting street segments.
LOT LINE REAR. On interior or corner lots, means the lot line that is opposite the front lot line and farthest from it, except that for a triangular or other
irregularly-shaped lot it means the line ten feet long, parallel to the front lot line and wholly within the lot that is farthest from the front lot line.
LOT LINE SIDE. A lot boundary line other than a front or rear lot line.
LOT THROUGH. A lot fronting on two parallel or approximately parallel streets, including a lot fronting on both a street and a watercourse or lake.
LOT WIDTH. The distance between the side lot lines as measured on the building line.
MARION BOARD OF ZONING APPEALS DIVISION. The division of the Board having exclusive jurisdiction of appeals involving realty located within the cooperate limits of the city.
MEDICAL OFFICE. Any building or portion of a building used or intended to be used as an office for the practice of any type of medicine, including chiropractors, dentistry or optometry.
MINERAL EXTRACTION. Mining or quarrying or the removal and/or storage of earth materials.
MOBILE HOME. A transportable building originally designed and built as a single family structure, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and which is originally constructed so that it may be used with or without a permanent perimeter wall. The term mobile home does not include any structure, which meets the definition of a DWELLING UNIT, appearing above, which is located on a permanent perimeter wall. A MOBILE HOME shall retain its designation even if wheels and axles are removed.
MOBILE HOME PARK. An area of land on which two or more mobile homes are regularly accommodated with or without charge, including any building or other structure, fixture or equipment that is used or intended to be used in providing that accommodation.
MOBILE HOME SPACE. An area of land for the placement of one mobile home which is designated for the exclusive use of occupants.
MOBILE HOME STAND. The mobile home stand is that portion of a mobile home space which has been reserved for the placement of one mobile home with accessory structures or additions.
MOTEL. A building or group of buildings in which lodging is provided and offered to the public for compensation and catering primarily to the public traveling by motor vehicle.
NONCONFORMING USE. An existing use of land or building which fails to comply with the requirements set forth in this chapter applicable to the district in which such use is located at the time of the adoption of this chapter or any amendments hereto.
OPEN USE. The use of a lot without a building or a use for which a building with a floor area no larger than 5% of the lot area is only incidental.
PARKING AREA. A group of parking spaces, or an open area not including any part of a street or an alley, designed or used for the temporary parking of motor vehicles.
PARKING LOT. A parcel of land devoted to an enclosed parking space for five or more motor vehicles for compensation or otherwise.
PERSON. Includes a corporation, firm, partnership, association, organization or any other group that acts as a unit or legal entity.
PHARMACY. A retail store engaged in, and limited to, the sale of prescription drugs, patent medicines and surgical supplies.
PLACE. An open, unoccupied, officially designated space other than a street or alley, permanently reserved for use as the principal means of access to abutting property.
PLANNED DEVELOPMENT. An advisory plan for one or more uses as an integrated and harmonious unit displaying desirable and fitting site design characteristics, the use requirements of this chapter being generally applicable to the area as a whole rather than the individual components.
PLAT. A map or chart that shows a division or parcel of land and is intended to be filed for record.
PRINCIPAL BUILDING. A building in which the principal use of the lot on which it is located is conducted, including a building that is attached to such a building in a substantial way, such as by a roof. (With respect to residential uses, it means the main dwelling).
PRINCIPAL USE. The use which comprises the main or primary activity on any lot or parcel.
PROFESSIONAL OFFICE. Any building or portion thereof used or intended to be used as an office for a lawyer, architect, engineer, land surveyor, accountant and other similar professions, but shall not include, for the purposes of this chapter, the practice of any type of medicine or dentistry.
PUBLIC CAMP. An area of land used or designed to be used to accommodate two or more camping parties, including cabins, tents, travel trailers or other camping outfits, but not including a travel trailer park.
PUBLIC STREET. A street established for or dedicated to the public use.
RESIDENTIAL CARE FACILITY. A housekeeping unit within a dwelling unit operated for the purpose of providing room, board, care, and when appropriate, a planned treatment or training program of counseling, therapy, or other rehabilitative social service, for a group of persons of similar or compatible conditions or circumstances. Foster care and shelter care homes for seven or more persons are residential care facilities.
RESTAURANT. A building or structure in which food and drinks are prepared primarily for sale and consumption within such structure, including incidental take-out service. (See definition of DRIVE- IN RESTAURANT).
SCHOOL, PRIVATE. A school other than a public school.
SCHOOL, PUBLIC. An institution conducting regular academic instruction at kindergarten, elementary and secondary levels.
SIGN. Any notice or advertisement, pictorial or otherwise, used as an outdoor display for the purpose of advertising the property or the establishment or enterprise, including goods and services, upon which the sign is exhibited.
SPECIAL EXCEPTION. The authorization of a use, designated as being permitted in the district concerned if it meets special conditions, and upon application is specifically authorized by the Board.
STREET (ROAD). A right-of-way, other than an alley, dedicated or otherwise legally established to the public use, usually affording the principal means of access to abutting property. A street may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive or other appropriate name.
STREET, COLLECTOR. A street which primarily collects traffic from local streets and feeds it to the arterial street network. COLLECTOR STREETS provide circulation within neighborhood areas. Collectors are divided into major and minor collectors depending upon its priority in the system and the amount of traffic.
STREET, LOCAL (FEEDER). A street used primarily for access to abutting properties.
STREET, MINOR ARTERIAL. A street which feeds and distributes moderately high volume traffic to principal arterials. Arterial streets may provide controlled access to abutting property.
STREET, PRINCIPAL ARTERIAL (PRIMARY OR MAJOR ARTERIAL). A street which serves high volume traffic corridors and connects major population centers and traffic generators, with access limited or controlled.
STORY. A space in a building between the surface of any floor and the surface of the floor next above, or if there be no floor above, then the space between such floor and the ceiling or roof above.
STORY, HALF. That portion of a building under a sloping, gable, hip or gambrel roof, the wall plates on at least two opposite exterior walls of which are not more than three feet above the floor level of such half- story.
STRUCTURAL CHANGE. A substantial change or repair, excluding normal and usual repair, in a supporting member of a building, such as a bearing wall or partition, column, beam or girder or in an exterior wall or the roof.
STRUCTURE. Anything constructed or erected that requires location on or in the ground or attachment to something having a location on or in the ground.
TAVERN. An establishment primarily engaged in the retail sale of drinks, such as beer, ale, wine, liquor and other alcoholic beverages for consumption on the premises. A TAVERN may also be known as a bar, beer garden, cabaret, discotheque, nightclub, saloon or tap room.
TEMPORARY BANNER, POLITICAL ADVERTISING. A sign, having characters, letters or illustrations applied to cloth, paper or fabric of any kind, with only such non-rigid material for background.
TEMPORARY SIGN, POLITICAL ADVERTISING. A sign, identifying and urging voter support for a particular election issue, political party, or candidate for public office.
TOURIST HOME. A building in which not more than five guest rooms are used to provide or offer overnight accommodations to transient guests for compensation. A TOURIST HOME may also be known as a bed and breakfast.
TRADE OR BUSINESS SCHOOL. A secretarial or business school or college when not publicly owned or not owned or conducted by or under the sponsorship of a religious, charitable or nonprofit organization; or a school conducted as a commercial enterprise for teaching instrumental music, dancing,
barbering, hair dressing or drafting or for teaching industrial or technical arts.
TRAVEL TRAILER. A vehicle or other portable structure less than 35 feet in length that is designed to move on the highway and designed or used as a dwelling.
TRAVEL TRAILER PARK. An area of land on which two or more travel trailers are regularly accommodated with or without charge, including any building or structure, fixture or equipment that is used or intended to be used in connection with providing that accommodation.
TRUCK SERVICE CENTER. An occupancy which provides especially for the servicing of trucks, with incidental operations similar to those permitted for an automobile service station.
URBAN AREAS. The areas, as illustrated on the Major Streets and Highways Plan of the Comprehensive Plan. These areas include each incorporated community, as well as its surrounding area, expected to be developed in similar manner to the community in future years. Within the urban areas, street and road rights-of-way will be developed in accordance with the urban thoroughfare cross- sections.
USE. The employment or occupation of a building, structure or land for a person’s service, benefit or enjoyment.
VARIANCE. A modification of the specific requirements other than use of this chapter granted by the Board 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 District.
VEHICLE. An automobile, motorcycle, truck, trailer, semi-trailer, tractor, bus, school bus, recreational vehicle, or motorized bicycle.
VISION CLEARANCE ON CORNER LOTS. A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of three and 12 feet above established grade of the street, determined by a diagonal line connecting two points measured 15 feet equidistant from the street corner along each property line.
YARD. A space on the same lot with a principal building that is open and unobstructed by structures except as otherwise authorized by this chapter.
YARD, FRONT. A yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lamp posts and other similar structures, the depth of which is the least distance between the nearest street right-of-way and the front line of the building. In residential districts, a corner lot shall have a front yard on each street frontage. In commercial districts, mobile homes for sale shall not be displayed in the required front yard.
YARD, REAR. A yard that extends across the full width of a lot and is bounded on the rear by the rear lot line and the depth of which is the least distance between the rear lot line and the rear of the principal building.
YARD, SIDE. A yard, between the principal building and the adjacent side lot line, that extends from the front yard or street right-of-way where there is no front yard, to the rear yard, and the width of which is the least distance between the side lot line and the adjacent side of the building.
YARD, STREET SIDE. In commercial and industrial districts, a yard on corner lots, not being the front yard, the depth of which is the least distance between the nearest street right-of-way and the closest building line of any building.
ZONING ADMINISTRATOR. The principal employee of the Planning Department who has authority to enforce this chapter.
(1985 Code, § 36-7-4-600(1.4) (Am. Ord. 22-1992, passed 7-7-1992; Am. Ord. 6-2002, passed 3-19-2002; Am. Ord. 19-2010, passed 10-19-2010)