Words used in the present tense include the future tense the terms “shall” and “must” are always mandatory. Definitions which contain provisions that, allow, restrict, prohibit, modify or require specific action with respect to: land uses; development standards; Commission or Board procedures; subdivision of land or any other act are enforceable under this section; the same as if cited in the text of the body of this document and shall apply throughout this chapter. For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A subordinate building located on the same lot as a principal building which does not alter or change the character of the premises and which is not used for human occupancy.
ACTS. The Advisory Planning Act, I.C. 36-7-1 through 36-7-1200 and I.C. 36-7-1400 through I.C. 36-7-1500 series and all acts amendatory thereto.
ADVERTISING STRUCTURE (OFF-PREMISE SIGN). Any outdoor structure designed for the purpose of advertising or making known any service or commodity that is not available upon the property on which the structure is located. This definition will include billboards of any size or shape, any semi-trailer, motor home, or similar vehicle, licensed or unlicensed, that remains in the same location for more than 90 days, which has prominently displayed, visible to the public, a sign, message, logo, design or any other written or graphic message to announce, advertise or make known any off- premises, retail, commercial, industrial, or business use or service, including political campaign advertising. ADVERTISING STRUCTURES must meet the requirements of § 94-37 of this chapter.
AIRCRAFT. A weight-carrying machine or structure for flight in or navigation of the air that is to be supported by the air either by the buoyancy of the structure or by the dynamic action of the air against its surfaces.
AIRPORT. Any area which is used or intended to be used for the taking off and landing of aircraft and any appurtenance areas which are used or intended to be used for airport building or facilities, including open spaces, taxiways and tie-down areas.
ALLEY. A right-of-way other than a street, road, crosswalk or easement designed to provide a secondary means of access for the special accommodation of the property it reaches.
ALTERATIONS. See STRUCTURAL ALTERATIONS.
APARTMENT HOUSE. A building designed to house three or more families and used exclusively for residential purposes.
APPLICANT. The owner or owners of real estate who makes application to the Plan Commission or Board of Zoning Appeals of the city for action by said Commission or Board affecting the real estate owned thereby.
AUTOMOBILE OR TRAILER SALES AREA. An open area, other than a street, used for the display, sale or rental of new or used automobiles or trailers, and where no repair work is done, except minor incidental repair of automobiles or trailers to be displayed, sold or rented on the premises.
AUTOMOBILE SERVICE STATION. Any building, structure or land used for the dispensing, sale at retail of any automobile fuels, oils or accessories, including lubrication and replacement or installation of minor parts or accessories, but not including major repair work such as motor replacement, transmission replacement, body or fender repair or spray painting.
BLOCK. An area that abuts a street and lies between two intersecting streets or barriers such as railroad rights-of-way or watercourses.
BOARD. The Board of Zoning Appeals of the City of Martinsville, Indiana.
BOARDING HOUSE. A building, not available to transients, in which meals are regularly provided for compensation for at least three persons.
BUFFER ZONE. All that area outside the corporate limits of the city that is within the zoning jurisdiction of the city as provided by statute and as defined by ordinance of Common Council of the city.
BUILDING. A roofed structure for the shelter, support, enclosure or protection of persons, animals or property.
BUILDING, ACCESSORY. See ACCESSORY BUILDING.
BUILDING, DETACHED. A building having no structural connection with another building.
BUILDING, FRONT LINE. The line of the face of the building nearest the front lot line.
BUILDING HEIGHT OF. The vertical distance measured from the ground elevation to the highest point of the roof for a flat roof; to the deck line of a mansard roof; to the height of the highest eave of a gable, hip and gambrel roofs.
BUILDING INSPECTOR. An employee of the City Superintendent who is empowered to inspect and approve improvement location permits.
BUILDING, PRINCIPAL OR PRIMARY. A building in which the principal use of the lot or premises 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, the PRINCIPAL BUILDING shall be the main dwelling.
BUILDING AREA. The horizontal projected area of the buildings on a lot or premises including accessory buildings, but excluding open areas or terraces, unenclosed porches not more than one story high, and architectural features that project no more than two feet.
BUILDING LINE (SETBACK 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 engaging in the purchase, sale, barter or exchange of goods, wares, merchandise, or services, the maintenance or operation of offices or recreational and amusement enterprises for profit.
CARPORT. Same as PRIVATE GARAGE.
CAR WASH. A building, or portion thereof, where mechanical devices of any type, wash automobiles, trucks or other self-powered vehicles.
CELLULAR TOWER, CELLULAR SITE or COMMUNICATIONS TOWER. The tower, building and other improvements constructed, placed, installed and maintained for the purpose transmitting, retransmitting or broadcasting any electromagnetic (radio) signal, analog or digital, for use of mobile or portable communication devices, including television and radio, of any kind and including tower to tower transmitting.
CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes, including columbarium, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.
CERTIFICATE OF OCCUPANCY. A certificate stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this chapter.
CITY. The incorporated City of Martinsville, Indiana.
CITY COUNCIL. Referred to herein as simply the CITY COUNCIL or COUNCIL. The legislative body of the city and is responsible for approving ordinances including ordinances that may be presented for zoning map changes.
CITY ENGINEER. An Indiana licensed engineer designated by the city to furnish engineering consultation in the administration of these regulations. The CITY ENGINEER is a member of the Plan Commission.
CITY SUPERINTENDENT. An employee of the city who is empowered by the city’s Plan Commission to administer and enforce this chapter, including subdivision control and Building Codes.
CLINIC. Establishments in which patients are admitted for medical, dental or optometric study or treatment and in which the services of at least two physicians, dentists, optometrists, osteopaths or chiropractors are provided.
COMMISSION. A planning commission serving a single government jurisdiction established as defined under I.C. 36-7-1-2, as amended. The city’s PLAN COMMISSION is an advisory plan commission.
COMMITMENT(S). The Plan Commission or Board of Zoning Appeals may require or allow the landowner to make binding written commitment(s) as a requirement for approval of any zoning change, special exception, special use or subdivision.
COMPREHENSIVE PLAN. Inclusive physical, social and economic plans and policies in graphic and written statement form for the development of the city prepared and adopted by the Commission pursuant to the I.C. 36-4-4-500 and including any part of such plan and/or policies separately adopted and any amendments to such plan and/or policies, or parts thereof. It does not include the implement ordinances such as this chapter.
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 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, which building shall be the same as a dwelling, either single, double or multi-family, as the case may be.
CONVENIENCE STORE. A retail business that offers to the public readily consumable items. Included in this definition is the dispensing of vehicle fuel and other vehicle fluids that are prepackaged and removed from the premises. Not include are any type of vehicle repair or servicing, except for dispensing of vehicle fuel.
COOPERATIVE. A building or land in which an individual owns stock in a corporation with the right through a proprietary lease to occupy a portion of the land or part of the building, which building shall be the same as a dwelling, building, which building shall be the same as a dwelling, either single, double or multi-family, as the case may be.
COUNTY. The County of Morgan, Indiana.
DAY CARE CENTER or DAY NURSERY. Any institution operated for the purpose of providing care and maintenance to six or more unrelated children separated from their parents or guardians or a person in loco parentis (one who acts in place of parents) during a part of the day for two or more consecutive weeks excepting a school or other bona fide educational institution.
DEMOLITION OF STRUCTURE. The intentional destruction, demolition or removal of a structure including, houses, garages, sheds, office buildings, foundations and basements, factories, warehouses, radio cellular or microwave towers, chimneys, water towers or tanks, underground storage tanks, septic tanks, cisterns, wells (gas, oil or water).
DESIGNATED OFFICIAL. The member of the city’s Advisory Plan Commission designated by Commission rules as the required signatory for the execution of secondary (final) plat approval. The Secretary of the Advisory Plan Commission of the city when necessary shall attest to the signature of the DESIGNATED OFFICIAL.
DETACHED BUILDING. A building that has no structural connection with another building.
DEVELOPER. Any person, whether the landowner or landowner’s agent, engaged in developing a lot or group of lots or structures for use or occupancy. If other than the record landowner is the developer, then the DEVELOPER shall have the written authorization of the landowner to make any application, commitment or submittal to the Commission or Board.
DISTRICT. A section of the jurisdictional area for which uniform regulations governing the use, height, area, size and intensity of use of buildings and land, and open spaces about buildings, are herein established.
DRIVES, (PRIVATE). Vehicular driveways, paved or unpaved, which are wholly within private property, except where they intersect with public streets within public rights-of-way.
DRIVE-IN RESTAURANT. An establishment selling foods, frozen desserts or beverages to consumers, the establishment being designed, intended or used for the consumption of such items on the premises outside of the building in which they were prepared.
DWELLING. A building or part of a building 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 in this chapter. Use of any other structure, travel trailer, camper, tent, garage or similar structures as a DWELLING for a period of more than 14 days in any calendar year is prohibited unless it is in a district where such use is specifically permitted.
DWELLING, DOUBLE. A two-family dwelling that is a single building designed to house two families living side by side and used exclusively for residential purposes.
DWELLING DUPLEX. A two-family dwelling that is a single building designed to house two families living one above the other and used exclusively for residential purposes.
DWELLING, MULTI-FAMILY. A building or portion thereof designed for more than two families and used exclusively for residential purposes.
DWELLING, SINGLE-FAMILY. A detached building designed for, or occupied by, one family exclusively for residential purposes.
DWELLING UNIT. A dwelling or part of a dwelling used by one family as a place of abode.
EASEMENT. An authorization grant made by a property owner for use by another of any designated part of his or her property for a clearly specified purpose such as utilities, drainage, signs, landscaping and the like.
EASEMENT, ACCESS OR INGRESS/EGRESS. An easement for the purpose of providing access, both vehicular and pedestrian, to and from, lots or parcels, that do not have direct access to a public street or road. For the purpose of this chapter, an EASEMENT that provides access to four or fewer, parcels or lots, shall be not less than 30 feet in width.
FAMILY. One or more person living as a single housekeeping unit, but not including a group occupying a hotel, motel, club, nursing home, dormitory, fraternity or sorority house.
FARM, CONFINEMENT FEEDING. The confined feeding of livestock and poultry on a tract or contiguous tracts of land for food or pleasure purposes in lots, pens, sheds and buildings where food is supplied to the animals by means other than grazing.
(1) A
CONFINEMENT FEEDING OPERATION shall mean the confined feeding of:
(a) Three hundred or more head of cattle;
(b) Six hundred or more head of swine, sheep or goats;
(c) One thousand five hundred or more head of poultry; or
(d) Ten or more head of horses or mules.
(2) And/or, any confinement feeding that exceeds per acre per year for the entire farm:
(a) Three or more head of cattle;
(b) Twenty or more head of swine;
(c) One hundred fifty or more head of poultry;
(d) Ten or more head of sheep or goats; or
(e) Four or more head of horses or mules.
(3) And/or, any area wherein five square feet or less of feed lot area is provided per laying hen or eight square feet or less per hog weighing less than 225 pounds, or 15 square feet or less per lamb or ewe, or 50 square feet or less per heifer or steer, or 100 square feet or less per beef and/or dairy cow or bull; provided that, this definition shall not apply to operations involved in the processing of products of
CONFINEMENT FEEDING OPERATIONS.
FARM, GENERAL. Land used for agricultural operations and production of agricultural products including truck gardening, forestry, the operation of a tree or plant nursery, or the production of livestock, as defined herein. Also, the processing and sale of farm products produced on the land by the resident owner or tenant. Not included in this definition is the slaughtering of animals for commercial or retail sales or confined feeding operations. Unless otherwise allowed in this chapter, keeping or maintaining livestock and poultry in any district other than “agricultural” is prohibited.
FILLING OR SERVICE STATION. The same as AUTOMOBILE SERVICE STATION.
FLOOD or FLOODING. A general or temporary condition of partial or compete inundation of normally dry land areas from:
(1) The overflow of inland waters; and/or
(2) The unusual and rapid accumulation of run-off of surface water from any source.
FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood, without cumulatively increasing the water surface elevation more than one tenth of a foot.
FLOODWAY FRINGE. The area of the floodplain subject to inundation by the regulatory or base flood, but located outside the floodway.
FLOODPLAIN. The area subject to inundation by the regulatory or base flood, but for which the floodway fringe delineations have not been provided.
GARAGE, PRIVATE. An accessory building for storage of residential vehicles.
GARAGE, AUTOMOBILE REPAIR. A building other than a public or private garage, used for the care, repair or equipment of automobiles.
GARAGE, PUBLIC. Any garage, other than a private garage, for the parking of vehicles.
GARAGE SALE. The organized sale, barter or exchange of new or used merchandise, household items, clothing, furniture, appliances, vehicles, equipment, or any other similar items from any structure, yard, sidewalk or driveway within any residential district or any other district where retail sales are prohibited. GARAGE SALES, yard sales and similar activities may be held in a residential district, by any individual, not for commercial or business purpose; provided, said sales do not take place at the same address or location more than nine days in any 90 day period and provided safe and adequate parking is available as determined by the city’s Police Department or the County Sheriff. Sale days more frequent than allowed by this definition, or if unsafe or congested traffic conditions occur as a result of the sale, would be a violation of this chapter and the violating party would be subject to remedies and penalties of Article XII in § 94-241 of this chapter.
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 when such vehicles are parked or stored for remuneration, hire or sale.
GRANDFATHER CLAUSE. A traditional or common use term for a non-conforming use. See Article VIII of this chapter for non-conforming use restrictions.
GREATER ZONING CLASSIFICATION. Any zoning classification with a lower density.
GROUND FLOOR AREA - RESIDENTIAL. The square floor area of a residential building within its largest outside dimensions computed on a horizontal plane at the ground level, exclusive of open porches, breezeways, terraces, garages, carports and exterior stairways. In the case of a bi-level type structure where the level above the grade line contains complete living facilities including living, cooking and sleeping areas, that level may be used to compute the ground floor area. The average width (defined as: total ground floor area, exclusive of garage, patio, porch or deck, divided by the overall length of longest side of the dwelling) of any structure to be used as a residential building shall be not less than 18 feet. This provision does not apply to mobile or manufactured homes within a mobile home park or planned unit development approved for mobile homes.
HARDSHIP. A perceived difficulty with regard to one’s ability to improve land stemming from the application of the development standards of this chapter, which may or may not be subject to relief by means of variance. In and of themselves, self-imposed situations and claims based on a perceived reduction of or restriction on economic gain shall not be considered HARDSHIPS. Self-imposed situations include: the purchase of land with actual or constructive knowledge that, for reasons other than physical characteristics of the property, the development standards herein will inhibit the desired improvement; any improvement initiated in violation of the standards of this chapter; any result of land division requiring variance from the development standards of this chapter in order to render that site buildable.
HOME DAY CARE or HOME NURSERY. Any home or residence used for the purpose of providing care and maintenance to not more than five unrelated children separated from their parents or guardians or a person in loco parentis (one who acts in place of parents) during a part of the day for two or more consecutive weeks.
HOME OCCUPATION, CUSTOMARY. 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 non-lighted identification sign not exceeding three square feet in area to be placed flat against the residence where the occupation is conducted; that there is no commodity or service sold upon the premises; except that, which is produced thereon; there shall be no traffic congestion or traffic hazard created by the home occupation: only the occupant or members of his or her family, normally residing on said premises, 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 relating in any way to the home occupation shall be permitted; there shall be no physical expansion of utilities or community facilities beyond that normal to the residential use of the property; and that said HOME OCCUPATION shall be terminated upon transfer of said property to any person other than a member of the immediate family residing on the property.
HOTEL or MOTEL. A building or group of buildings in which lodging is provided and offered to the public for compensation and which is open to transient guests, in contradiction to a boarding house or lodging house.
IMPROVEMENT LOCATION PERMIT. A permit that states that the proposed erection, construction, enlargement or improvement of property or structures referred to therein complies with the provisions of this chapter.
INDUSTRIAL PARK. A tract of land that is planned and developed as a distinctive unit featuring landscaped open spaces and well designed structures to be used for research, offices, experimental and testing laboratories, light industrial storage and distribution facilities, and for necessary uses to the convenience of employees, and is controlled by an organization guaranteeing the continued maintenance of all commonly used areas and installations.
INSTITUTION. Any home, orphanage or other facility maintained or conducted by any group of persons, a firm, association, corporation or governmental body engaged in receiving and caring for dependent, neglected, handicapped or permanently disabled persons, or children in danger of becoming delinquent or in operating for gain a private business of boarding children who are unattended by parents or guardians or dependent mentally ill.
JOINT OWNERSHIP. Joint ownership among persons shall be constructed as one and the same owner for the purpose of imposing subdivision regulations.
JUNKYARD. Any lot, parcel or tract of real estate, platted or unplatted, at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or sorted, including, but not limited to, used or salvaged rope, bags, paper matter; and property used for the dismantling, wrecking, storage, sale or dumping of two or more inoperative motor vehicles or their parts. This shall not include tractors, combines, pickers, disks, plows or other similar farm machinery that is owned by a farm operator and is used for parts replacement for machinery currently being used in the farming operation.
JURISDICTIONAL AREA. The incorporated area within the city and any or all of the unincorporated territory (buffer zone) within two miles of the city boundaries lying within the county as designated on the map entitled “jurisdictional area” or “buffer zone”, together with the legal description of said area, recorded in the office of the Recorder of the county and is by reference hereby made a part of this chapter.
KENNEL. Any lot or premises on which more than five or more dogs or cats that are commonly kept as household pets. Exception: a litter of pups or kittens not over five months old.
LIMITED ACCESS HIGHWAY. A highway to which abutting properties are denied access.
LIVESTOCK. Animals commonly maintained, raised or kept on a farm including, cattle, horses, swine, goats, sheep and poultry. Also, included in the definition are fish or other aquatic animals such as shrimp or prawns raised in ponds or lakes for commercial purposes.
LOADING AND UNLOADING BERTHS. The off-street area required for the receipt or the distribution, by vehicle, of material or merchandise which in this chapter is held to be a 12-foot by 75- foot loading space with a 14-foot height clearance.
LODGING HOUSE. The same as BOARDING HOUSE.
LOT. Any lot, parcel or tract, of land abutting upon a street or on a recorded easement that has a separate and distinct legal description. A LOT will have a unique parcel number in the records of the Auditor of the county. In determining lot area, no part thereof shall be included that is within the limits of a dedicated street or within the limits of a private access easement.
LOT, CORNER. A lot at the junction of and abutting two or more intersecting streets.
LOT, COVERAGE. The percentage of the lot area covered by all buildings on the premises.
LOT, ELEVATION. For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the walls adjoining the street. For buildings having walls adjoining more than one street, the average of the ELEVATION of the sidewalk at the center of all walls adjoining the streets shall determine the ground level.
LOT, INTERIOR. A lot other than a corner lot or through lot.
LOT (OR PARCEL) OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder or a parcel of land, having a separate and distinct legal description, the deed of which has been recorded in the office of the County Recorder and existed prior to passage of this chapter.
LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets.
LOT, WIDTH. The dimension of a lot, measured between side lot lines on the minimum building line as established by this chapter.
LOT LINE, FRONT. Any property line separating the lot from the street or access easement. Also, the front of a lot shall be determined by the principal direction in which the front of the primary structure faces. The City Superintendent shall determine which face of the building is the front of the primary structure.
LOT LINE, REAR. A lot line which is opposite and most distant from the front lot line, and in the case of an irregular or triangular shaped lot, the line that, for its entire length is completely within the lot and parallel with and at the maximum distance from the front lot line.
LOT LINE, SIDE. Any lot boundary that is not a front lot line or a rear lot line. In no instance shall the sideline be closer than the sidelines for that district.
MANUFACTURED HOME. A dwelling unit, designed and built in a factory, which bears a seal certifying that it was built in compliance with Federal Manufactured Housing Construction and Safety Standards Law of 1974 (42 U.S.C. §§ 5401 et seq.).
MINERAL EXTRACTION. Mining, quarrying or the removal of rock, sand, gravel or other earth material.
MOBILE HOME. A transportable structure larger than 320 square feet, designed for use as a year-round residential dwelling.
MOBILE HOME PARK. Any area of land that has one owner upon which two or more manufactured homes or mobile homes are supported by wheels or a foundation.
MODULAR HOME. Any structure designed to move on the highway and manufactured to be used as a dwelling under the laws of the state.
OFFICIAL THOROUGHFARE PLAN. A plan for major streets and highways which sets forth the location, alignment, dimensions, identification and classification of existing dimensions, identification and classification of existing and proposed streets, highways and other thoroughfares.
OVERLAY DISTRICT.
(1) A district that places additional conditions or restrictions on use, development or improvement of land in the base or underlying district. An
OVERLAY DISTRICT cannot be subdivided or developed.
(2) However, the underlying district can be subdivided, developed or improved as long as such division, development and improvements are in conformance with the
OVERLAY DISTRICT conditions and restrictions; and, provided that, said uses, development or improvements are not prohibited by the restrictions of the OVERLAY DISTRICT.
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 sought to be subdivided under these regulations.
PARCEL. A piece of land having a legal description formally set forth in a conveyance together with a description of its location, shape and size in order to make possible its easy identification.
PARKING AREA, PUBLIC. An open area, other than a street or alley, designed for use or used for the temporary parking of more than four motor vehicles when available for public use, whether free or for compensation or as an accommodation.
PARKING SPACE. A space other than on a street or alley, designed for use or used for the temporary parking of a motor vehicle, and being not less than nine feet wide and 20 feet long exclusive of passageways.
PERSON. Any individual, corporation, firm, partnership, association or organization, or any other group that acts as a unit.
RECREATIONAL VEHICLE. A portable or self-propelled vehicular structure designed as a temporary dwelling for travel and vacation use which:
(1) Either:
(a) Is identified on the unit by the manufacturer as a recreational vehicle;
(b) Is not more than the statutory body width for highway purposes as determined by the Bureau of Motor Vehicles; and
(c) Is of any weight provided its body length does not exceed 32 feet.
(2) Or:
(a) Is a structure mounted on an automobile or truck; and
(b) Is designated as a use for sleeping or temporary habitation.
REGISTERED LAND SURVEYOR. A land surveyor properly licensed and registered or through reciprocity permitted to practice in the state.
REGISTERED PROFESSIONAL ENGINEER. An engineer properly licensed and registered or through reciprocity permitted to practice in the state.
SALVAGE YARD. See JUNKYARD.
SETBACK. The distance from the respective lot line beyond which buildings may be placed. Also, buildings shall not be placed closer to the respective lot line than the setback distance.
SIGN. Any medium including, but not limited to, changeable copy signs, banners, awnings, electronic message boards, or flags, designed for the purpose of advertising, information, or making known any service or commodity that is available. This definition also includes logos, trademarks, and corporate insignias, but does not apply to color schemes.
SIGN PERMIT EXPIRATION DATES. All permits for advertising structures and freestanding signs that are not permanent shall expire 30 days after date issued, or for a fixed period of time not to exceed a collective 30 days out of a calendar year.
SIGN, FREESTANDING (NOT PERMANENT). Any non-permanent outdoor structure, not to exceed 28 square feet in size, designed for the purpose of advertising or making known any service or commodity that is available on the premises, that stands apart from any building or structure on the property, and has attached its own support structure, completely by frame or pole and is displayed for a fixed period of time not to exceed a collective 30 days out of a calendar year.
SIGN, FREESTANDING (PERMANENT). Any permanent outdoor structure, designed for the purpose of advertising or making known any service or commodity that is available on the premises, that stands apart from any building or structure on the property, and has attached its own support structure, completely by frame, pole, or foundation and must be designed and anchored to withstand 70 miles per hour wind by a design professional (architect/engineer).
SIGN, POLITICAL. See ADVERTISING STRUCTURE.
SIGN, TEMPORARY. Any outdoor signage to include, but not limited to, banners, flags, or yard signs on premise, not fixed to a permanent foundation and displayed for a fixed period of time not to exceed a collective 30 days out of a calendar year 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.
SPECIAL EXCEPTION. The authorization of a use, that the Board specifically authorizes being permitted in the district concerned if it meets special conditions and upon application.
STOCKYARD. Any parcel, lot or tract where, in any 30-day period, a total of more than; 150 head of cattle; 300 head of swine, sheep or goats; 750 head of poultry; or ten head of horses, pones or mules, are confined in a building or held in pens for the purpose of sale, transfer, auction, shipping or slaughter, or any operation where livestock is purchased for the purpose of resale within 30 days.
STREET. A right-of-way established for or dedicated to the public use that affords the principal means of access to abutting properties. A STREET may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive, place or other appropriate name.
STREET DEAD-END. A local street with only one outlet and not having an appropriate terminus (turn around) for the safe and convenient reversal of traffic including public safety.
STREET PRIVATE. A right-of-way or easement for the public use for vehicular and pedestrian traffic that is owned and maintained by a private person or entity and not by a governmental body. Its owner or owners may limit use of a private street. PRIVATE STREETS may serve residential or non- residential properties.
STREET PUBLIC. A right-of-way dedicated for the public use for vehicular and pedestrian traffic to be owned and maintained by the governmental body having jurisdiction. Other ancillary uses such as drainage and/or utility facilities may also be included within public right-of-way.
STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders or any substantial change in the exterior walls, roof, electrical systems, plumbing systems or mechanical equipment.
STRUCTURE. Anything constructed or erected which requires location on the ground or attachment to something having a location on the ground.
SUBDIVISION.
(1) A division of any parcel of land into two or more parcels, sites or lots, any one of which is less than 20 acres in area for the purpose of transfer of ownership, sale or building development. Also, the improvement of one or more parcels of land, not under one ownership, for construction of residential, business, industrial or commercial structures or groups of structures the development of which requires land for streets, open spaces, common areas or creation of easements for access, drainage or public utilities to service the varied facilities.
SUBDIVISION OF LAND is permitted in every zoning district, except overlay districts. In overlay districts, SUBDIVISION OF THE LAND in the underlying district is permitted.
(2) Exemption from platting requirements: for the purposes of these regulations, the following are not considered a
SUBDIVISION and, therefore, are exempt from the platting requirements of this chapter:
(a) An allocation of land in the settlement of an estate of a descendant or a court decree for the distribution of property;
(b) The unwilling sale of land as a result of legal condemnations as defined and provided under state law;
(c) Widening of existing street right-of-way by a government entity for the public good;
(d) Land acquisition for street or public mass transit system right-of-way by a government entity for the public good;
(e) The exchange of land for the purpose of straightening property boundary lines which does not result in the change of the present land usage; and
(f) A division of land for the sale or exchange of parcels between adjoining land owners, provided that no additional building sites are created other than for accessory buildings.
SUPERINTENDENT. See CITY SUPERINTENDENT.
SWIMMING POOL. Any structure, facility or container, above ground, on ground or in-ground, temporary or permanent, which has been constructed, installed or erected for the purpose of providing a swimming or bathing facility. However, for the purpose of this chapter, any such structure that has a maximum sidewall height of two feet or less is not a SWIMMING POOL.
THOROUGHFARE. The same definition as STREET.
TOURIST HOME. A building in which one, but not more than five, guest rooms are used to provide or offer overnight accommodations to transient guests for compensation.
TRADE OR BUSINESS SCHOOL. A secretarial or business school whether private or public, or a school for the teaching of music, dancing, barbering, hair dressing, drafting, industrial or technical arts.
TRAVEL TRAILER PARK. An area, premises, space or place, including service buildings thereon, in which parking or rental space for trailers on a temporary basis is provided to the public for compensation.
TRUCK SERVICE CENTER. An occupancy which provides especially for the servicing of trucks, with incidental operations similar to those permitted for “automobile service center”.
USE. The employment or occupation of a building, structure or land for a person’s service, benefit or enjoyment.
UTILITIES. Any entity, public or private, that provides an essential or desired service to the public that is delivered via wires, cables, pipes, ducts, conduits or mains. Including, but not limited to, sanitary sewers, water, telephone, electric, natural gas, cable television, internet service or any other service provided to the public that the Plan Commission determines is a utility.
VARIANCE, DEVELOPMENT. A specific approval granted by the Board of Zoning Appeals in the manner prescribed by this chapter, to deviate from the development standards, such as height, bulk, setback or area, that this chapter otherwise prescribes.
VARIANCE, DIMENSIONAL. See VARIANCE, DEVELOPMENT.
VARIANCE, USE. The approval of a “use” other than that prescribed by this chapter, as specifically approved by the Board of Zoning Appeals.
VISION CLEARANCE. 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 street grade, determined by a diagonal line, connecting two points measured 25 feet equidistant from the right-of-way corner along each right-of-way line. Further no structure, landscaping or fence shall be erected or maintained on any lot or parcel that, in the opinion of the City Engineer, would restrict sight distance such that there would be a danger to vehicles or pedestrians using streets, roads, sidewalks, alleys or other public rights-of-way that adjoin the property. (See § 94-33(M) of this chapter.)
WAIVER. A specific approval granted by the Plan Commission that permits a deviation from the development standards of this chapter, including the subdivision control article (Art. XIV of this chapter). WAIVERS must be made in writing at the time application is made for PUD or subdivision primary plat approval including minor plats. Waiver request must be specific as to the development standard to be waived and the extent of the variation desired.
WELLHEAD PROTECTION AREA (OVERLAY). Areas near wellfields used to supply water for public purposes wherein certain potentially hazardous land uses near such wellfield areas shall be regulated and restricted to a greater extent than the underlying zoning.
WORK STATION. An area in a business or industrial use classification specifically equipped for the occupancy of one employee to conduct their work activity.
YARD. A space on the same lot with a principal building, open unoccupied and unobstructed by structures, except as otherwise provided in this chapter.
YARD, FRONT. A yard extending across the full width of the lot, unoccupied other than steps, walks, terraces, driveways, lamp posts and similar structures, the depth of which is the least distance between the street right-of-way line and the building line.
YARD, REAR. A yard extending across the full width of the lot between the rear of the main building and the rear lot line unoccupied other than by accessory buildings which do not occupy more than 30% of the required space, the depth of which is the least distance between the rear lot line and the rear of such main building.
YARD SALE. See GARAGE SALE.
YARD, SIDE. A yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally, at 90 degrees with the side lot line, from the nearest point of any building.
ZONING COMMITMENT. See COMMITMENT(S).
ZONING MAP. The map entitled “Martinsville Zoning Map”, dated as may be applicable, and any amendments thereto, as shown on the primary Martinsville Zoning Map on display in City Hall.
(Ord. 2001-1478, passed 11-19-2001; Ord. 2011-1655, passed 7-18-2011; Ord. 2017-1742, passed 4- -2017; Ord. 2021-0028, passed 1-10-2022)