§ 154.005 DEFINITIONS.

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

   ABANDONMENT.  To intentionally stop the use or development of a property for a continuous period of time.

   ABUTTING. Having a common border, including being separated from such a common border by a right-of-way, street, alley, easement, body of water, or other feature. In some cases, where specified by this chapter, abutting also includes lots or other features within a specific vicinity.

   ACCESS POINT.  A driveway or other means of physical connection for the movement of vehicles or persons between a property and an adjacent property or street.

   ACCESSORY STRUCTURE.  A structure that is subordinate to a primary structure in area, extent, and/or purpose; contributes to the comfort, convenience, or necessity of occupants of the primary structure; does not alter or change the character of the property; and is located on the same lot as the primary structure.

   ACCESSORY USE.  A use which is secondary to a primary use in area, extent, and/or purpose; contributes to the comfort, convenience, or necessity of occupants of the  primary use; does not alter or change the character of the property; and is located on the same lot as the primary use.

   ACRE.  A land area equal to 43,560 square feet.

   ACRE, GROSS.  The total area within a parcel of land.

   ACRE, NET. The usable or cultivatable portion of an acre of land; a remaining area expressed in acres after the dedication of land for: public rights-of-way; the reservation of common areas such as tennis courts, swimming pools, clubhouses, and the like; or the preservation of open space, on which housing or commercial structures may be built.

   ACT.  The Indiana Tall Structure Act I.C. 8-21-10, as amended from time to time.

   ADDITION.  Any construction that increases the size of a structure in terms of site coverage, floor area, volume, and/or height.

   ADDRESS.  The number or other designation assigned to a housing unit, business establishment, other structure, or lot for the purposes of mail delivery, emergency services, and general identification.

   ADJACENT.  See ABUTTING.

   ADJOINING.  See ABUTTING.

   ADMINISTRATIVE OFFICER.  The individual or group responsible for the implementation and enforcement of this chapter.

   ADMINISTRATIVE/PROFESSIONAL OFFICE.  An office establishment primarily engaged in overall management and general supervisory functions, such as executive, personnel, finance, legal, and sales activities.

   ADULT USES. See SEXUAL ORIENTED BUSINESS.

   AGRICULTURAL CROP PRODUCTION.  An operation which consists of the following uses, individually or in combination: the production of grain or livestock; stables; forest or tree production; pasture; setting aside land in a government set-aside reserve program; a farmstead; uses accessory to agricultural operations on the site; or, uses accessory to agricultural operations in the area.  The phrase AGRICULTURAL CROP PRODUCTION includes the phrase TREE FARM, and may include the phrase ROADSIDE STAND.

   AGRICULTURAL FARM IMPLEMENT SALES OR SERVICE.  An operation that focuses on the sale or service of farm implements to the public wherein the primary use is engaged in the sale or rental of large farm implements, farm tools, machinery, grain, tack, animal care products and farm supplies.  The phrase FARM IMPLEMENT SALES AND SERVICE also includes food sales and farm machinery repair services that are incidental to a primary use whether located on-site if grown on-site or off-site if grown off-site.

   AGRICULTURAL INDUSTRY, CAFO.  The term concentrated animal feeding operation (CAFO) as defined by the National Pollutant Discharge Elimination System (NPDES) under the USEPA Clean Water Act (CWA) and administered by the Indiana Department of Environmental Management (IDEM) as sources of point sources of pollution and subject to permit requirements under 327 I.A.C. 15-15, as amended from time to time.

   AGRICULTURAL INDUSTRY, CFO.  The term confined feeding operation (CFO) shall be as defined in I.C. 13-11-2-40, as amended from time to time.

   AGRICULTURAL PRODUCTS SALES, DISTRIBUTION, AND STORAGE. A primary use engaged in the sale or rental of farm tools and equipment, grain, tack, animal care products, and farm supplies. This excludes the sale of large farm implements, such as tractor and combines, but does include food sales and farm machinery repair services that are incidental to the primary use.

   AGRICULTURE.  Farming, including dairying, pasturage, apiculture, aquaculture, agriculture, horticulture, floriculture, viticulture, forestry and animal and poultry husbandry, and the necessary incidental uses, all of which are directly related to the production of food. The operation of any incidental uses shall be secondary to that of the normal agricultural activities. Agriculture shall not include stock yards, the commercial feeding of garbage or offal to swine or other animals, or the raising of animals for medical tests or other experiments.

   AGRICULTURE STRUCTURE.  A structure located on a farm and designed and constructed to house farm implements, livestock, hay, grain, fruit, and/or other agricultural products, supplies, and equipment used by the operators of the farm. An agriculture structure shall not include dwellings or structures used for the processing, treating, or packaging of agricultural products, or by the public.

   AIRPORT.  Any area of land designed and used for the landing and take-off of aircraft, including all necessary facilities for the housing and maintenance of aircraft.

   AIRPORT ELEVATION, ESTABLISHED.  The established elevation of the highest point on the landing area, which is 862 feet above mean sea level (MSL).

   AIRPORT HAZARD.  Any structure, tree, object, or use of land which penetrates the airspace reserved herein for passage of aircraft or is otherwise hazardous to the flight of aircraft in landing or taking off at the airport.

   AIRPORT REFERENCE POINT.  The point established as the approximate geographic center of the airport landing area.

   AIRPORT ZONING MAP.  The map showing height restriction zones for the airport. The Airport Zoning Map was adopted with the height ordinance for property in the vicinity the Airport, also known as Ordinance 1975-10D, and is made part of this section and the Official Zoning Map by reference.

   ALLEY.  A public right-of-way, whether improved or not, other than a street, road, crosswalk, or easement, that provides secondary access for the abutting property.

   ALTERATION.  Any change, addition, or modification in construction or use of an existing structure or property.

   AMATEUR RADIO TOWER.  A free-standing or building-mounted structure, including any base, tower or pole, antenna and appurtenances, intended for airway communication purposes by a person holding a valid amateur radio license from the Federal Communications Commission.

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

   AMPHITHEATER.  An open-air venue for spectator sports, concerts, rallies, and theatrical performances.

   ANIMAL.  Any live vertebrate creature, domestic or wild, excluding human beings.

   ANIMAL CLINIC OR HOSPITAL. An establishment for the treatment, care, observation or treatment of small domestic animals.  This facility may have indoor or outdoor kennels.

   ANIMAL GROOMING FACILITY.  An establishment primarily engaged in providing pet care services, such as grooming and training, but does not include veterinary care or overnight boarding.

   ANIMAL KENNEL.  A facility whereby five or more dogs, cats, or other domestic animals over the age of four months are kept, raised, cared for, trained, sold, bred, boarded, shown, treated, or groomed either for commercial or non-commercial purposes.  The phrase ANIMAL KENNEL may include DOGGY DAYCARE FACILITIES.

   ANIMAL SHELTER.  A facility used to care for and house lost, stray, homeless, abandoned, or unwanted animals; including those found running at-large or otherwise subject to impoundment consistent with applicable laws. The phrase ANIMAL SHELTER includes facilities for adoption, emergency medical treatment, and cremation.

   ANIMAL STABLES. The use of any structure with stalls or compartments and/or land where animals, excluding dogs and cats, are sheltered and fed.

   ANIMAL, DOMESTIC.  Any animal that has been adopted by human beings to live and breed in a tame condition.  A domestic animal differs from a wild animal in that a wild animal means any animal not actually confined or cultivated by humans.

   ANIMAL, EXOTIC.  Any animal not customarily confined or cultivated by man for domestic or commercial purposes but rather kept as a pet for display.

   ANIMAL, FARM.  Any animal that customarily is raised for profit on farms and has the potential of causing a nuisance outside of rural areas or if not properly maintained. Examples of FARM ANIMALS include, but are not limited to cows, sheep, goats, pigs, chickens, llamas, and the like. Exotic or wild animals shall not be considered FARM ANIMALS.

   ANIMAL, PET STORE.  A retail sales facility primarily involved in the sale of domestic animals, such as cats, dogs, fish, birds, and reptiles as well as domestic pet accessories.  For the purpose of administering and enforcing this chapter, the phrase pet shop shall not include the retail sale of exotic or farm animals, nor the sale of animals for laboratory or other commercial purposes.

   ANIMAL, RIDING STABLE.  The use of any structure with stalls or compartments and/or land where large animals are sheltered and fed and rode either by owners or involved with riding lessons.

   ANIMAL, VETERINARY.  An establishment for the treatment, care, observation or treatment of large animals by a licensed veterinarian.  A veterinary facility may include indoor and outdoor areas.

   ANIMAL/ANIMAL PRODUCTS PROCESSING. The processing or treatment of animals and animal material as a raw resource for refinement as food and non-edible products.

   ANTENNA.  Any communications equipment that transmits or receives electromagnetic radio signals used in the provision of wireless communications service.

   ANTIQUE SHOP.  A retail store specializing in the sale of antiques.

   APARTMENT.  A dwelling unit in a structure, arranged, intended, designed, or occupied on a rental basis for the housing of a single family, an individual, group of individuals, or other single housekeeping unit.

   APPAREL, ALTERATIONS/TAILORING.  A commercial business specializing in the custom creation, alteration, and/or tailoring of apparel intended for human use on a custom order basis for individuals or businesses.

   APPLIANCE REPAIR SHOP.  A commercial business specializing in the repair of home appliances and related accessories.

   APPLIANCE STORE.  A commercial business specializing in home appliance retail and the sale of home appliance accessories.

   APPLICANT.  The owner, owners, or legal representative of real estate who make application for action affecting the property.

   APPLICATION.  The completed form or forms, together with any other required materials, exhibits, and fees required of an applicant consistent with the procedures established by this chapter.

   APPURTENANCE.  A minor element of a larger structure, such as a bay window, stairs, light post, and the like.

   ARCADE.  A type of indoor commercial amusement/recreation establishment where more than four amusement machines are available to the public.

   ARCHERY RANGE.  A facility designed and/or used for target practice with bows and arrows.

   ARTERIAL ROAD.  See STREET, ARTERIAL.

   ARTERIAL STREET.  See STREET, ARTERIAL.

   ASSEMBLY FACILITY.  A building or portion of a building in which facilities are provided for group civic, educational, political, professional, religious, cultural, or social functions.

   ASSISTED LIVING FACILITY.  A residential facility where assistance with daily activities, such as dispensing medication, dressing, grooming, and bathing are provided for the aged or infirm, or any other reasonably independent 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 patients being treated for mental illness or alcohol or drug addiction.

   ATHLETIC FIELD.  A wide stretch of open land used for outdoor games such as baseball, basketball, football, or soccer.

   AUCTION FACILITY.  A building or property used for the storage of goods and materials that are to be sold on the premises by public auction, and for the sale of the said goods and materials by public action on an occasional basis only.

   AUDITORIUM.  A public or commercial facility where an audience sits and enjoys a performance.  Auditoriums are generally small than theaters and used for live performances. For the purposes of administering and enforcing this chapter, the term auditorium does not include the term amphitheater or phrase sexually oriented businesses.

   AUTO ORIENTED USES, LARGE SCALE.  Uses such as sales and service of automobiles, motorcycles and/or recreational vehicles, and others listed under the heading of Auto-Oriented Uses, Large Scale by the Official Schedule of Uses included in this chapter. This does not include any uses, such as auto repair shops or gas stations, listed under the headings of auto-oriented uses medium or small scale.

   AUTO ORIENTED USES, MEDIUM SCALE.  Uses such as auto repair and body work, vehicle detailing/auto accessory sales and installation, oil change/lube shops, and others listed under the heading of Auto-Oriented Uses, Medium Scale by the Official Schedule of Uses included in this chapter. This does not include any uses listed under the headings of auto-oriented uses large or small scale.

   AUTO ORIENTED USES, SMALL SCALE.  Uses such as gas stations, car washes, and others listed under the heading of Auto-Oriented Uses, Small Scale by the Official Schedule of Uses included in this chapter. This does not include any uses listed under the headings of auto-oriented uses large or medium scale.

   AUTOMOBILE PARTS SALES. The use of any structure and/or property for the display and sale or new or used parts for motor vehicles. This does not including any salvage yard or the storage of inoperable vehicles.

   AUTOMOBILE REPAIR.  The use of a structure or property for the repair of motor vehicles, including noncommercial trucks, motorcycles, recreational vehicles and boats; including,  but not limited to, the sale installation and servicing of equipment and parts. Automobile repair includes muffler shops, auto repair garages, tire sales and installation, wheel and brake shops, body and fender shops, and similar repair and service activities, but excludes dismantling or salvage.

   AUTOMOTIVE PARTS STORE.  A commercial business specializing in the retail sales of automotive parts and which does not typically offer repair services on-site, except as an incidental use to the principle use.  For the purposes of administering and enforcing this chapter, the phrase automotive parts store shall not include salvage yards or the outside storage of inoperable vehicles.

   AUTOMOTIVE RECREATIONAL VEHICLE SALES OR SERVICE.  Any principle use of a premise for one or more of the following purposes: (a) sale or lease of new recreational vehicles; (b) purchase and sale of second hand recreational vehicles; (c) buying of second hand recreational vehicles for the purpose of remodeling, taking apart or rebuilding or selling the same, or the buying selling of parts of second hand recreational vehicles or tires, or the assembling of second hand recreational vehicles parts; or (d) repair and servicing of recreational vehicles provided the repair and servicing is conducted as an accessory use secondary to the principle use.  For the purposes of administering and enforcing this chapter, the phrase automotive recreational vehicle sales and service shall not include salvage yards or the outside storage of inoperable vehicles.

   AUTOMOTIVE SALES OR LEASE.  Any principal use of a premise for one or more of the following purposes: (a) sale or lease of new motor vehicles; (b) purchase and sale of second hand motor vehicles; (c) buying of second hand motor vehicles for the purpose of remodeling, taking apart or rebuilding or selling the same, or the buying selling of parts of second hand motor vehicles or tires, or the assembling of second hand motor vehicles parts; or (d) repair and servicing of motor vehicles provided the repair and servicing is conducted as an accessory use secondary to the principal use.  For the purposes of administering and enforcing this chapter, the phrase automotive sales or lease shall not include salvage yards or the outside storage of inoperable vehicles.

   AUTOMOTIVE STORAGE.  A facility whereby automobiles may securely be stored for an unspecified amount of time on a contract basis. For the purposes of administering and enforcing this chapter the phrase automotive storage does not include establishments where automobiles are available as rentals.

   AUTOMOTIVE, MAJOR REPAIR.  Any principle use of a premise for one or more of the following purposes: (a) muffler repair or installation; (b) brake repair or installation; (c) shock replacement; (d) transmission repair; (e) tire recapping; (f) motor overhaul; or (g) body or fender repair work, but excluding the dismantling or wrecking of motor vehicles, or the storage of inoperable, damaged or wrecked vehicles, other than those awaiting immediate repair.

   AUTOMOTIVE, MINOR REPAIR.  Any principle use of a premise for one or more of the following purposes: (a) tune-ups; (b) oil changes; (c) sale and installation of lubricants, tires, batteries; or (d) other minor maintenance operations, but excluding major repairs.

   AUTOMOTIVE, TRUCK, OR BUS RENTAL, SALES OR SERVICE.  Any principal use of a premise for one or more of the following purposes: (a) sale or lease of new or used automobiles, trucks and buses; or (b) repair and servicing of motor vehicles provided the repair and servicing is conducted as an accessory use secondary to the principal use.

   AWNING.  A roof-like cover, often of fabric, metal, or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure over a window, walk, or door. Awnings include those that may be retracted or folded against the face of a supporting building.

   BAKERY, COMMERCIAL. A principle use for one or more of the following purposes: (a) preparation of large quantities of baked goods for sale or distribution; or (b) on-site storage of delivery vehicles with or without a loading dock(s), in which the baked goods are intended for off-site distribution and consumption.

   BAKERY, RETAIL.  An establishment primarily engaged in the retail sale of baked products for consumption on- or off-site, wherein the products are prepared either on- or off-site.

   BALCONY.  A platform that projects from the wall of a building and is surrounded by a railing or parapet.

   BANK.  A facility for the custody, loan, or exchange of products, typically money. Also included is the extension of credit and facilitating the transmission of funds.

   BANNER.  A sign composed of a logo or design on a lightweight material either enclosed or not enclosed in a rigid frame and secured or mounted to allow motion caused by the atmosphere.

   BANQUET HALL.  A building, facility, room, or portion thereof, which is rented, leased or otherwise made available to any person or group for a private event or function, that is not open to the general public, whether or not a fee is charged.  A catering facility differs from a banquet hall in that a catering facility is typically where the food is prepared whereas a banquet hall is typically where catered food is intended to be consumed.  In the event that a facility both prepares and serves the food, it shall be considered a catering facility.

   BAR.  A building or part thereof where, in consideration for payment therefore, liquor, beer, wine or any combination thereof are served primarily for consumption on the premises, with or without food.  The term BAR includes the term TAVERN, but shall not be interpreted to include the phrase "package liquor store."

   BARBER SHOP.  Any establishment or place of business within which the practice of cutting hair is engaged in or carried on by one or more employees.  The term BARBER SHOP may include a facility where apprentices are trained under regulations of the Board of Health.

   BASE STATION. A station located at a specific site that is authorized to communicate with mobile stations. The term includes all radio transceivers, antennas, coaxial cables, power supplies, and other electronics associated with a station.

   BASEMENT.  The portion of a building located below the first level, a majority of the height of which is located below the average finished grade of the building perimeter.

   BATCHING PLANT. A facility for the manufacture or mixing of concrete, cement, and concrete and cement products, including any apparatus, equipment, and uses incidental to such operations.

   BEAUTY SALON.  Any commercial establishment or place of business wherein cosmetology is offered or practiced, for compensation, on a regular basis.  The term BEAUTY SHOP may include a facility where apprentices are trained under regulations of the Board of Health.

   BED AND BREAKFAST ESTABLISHMENT.  A property providing overnight accommodations to guests operated by an owner and/or operator, with premises designed primarily as a commercial enterprise; a dwelling occupied by a family and used incidentally to provide accommodation and meals to transient travelers, including tourist homes.  For the purposes of administering and enforcing this chapter the phrase bed and breakfast establishment does not include boarding house, rooming house, domiciliary hostel, group home, hotel or motel.

   BERM.  A man-made mound of earth of definite height and width used for landscaping and screening purposes.

   BICYCLE, SALES, RENTAL OR SERVICE.  A principle use of a premise for one or more of the following purposes: (a) purchase and sale of new and used non-motorized bicycles; (b) buying of used bicycles for the purpose of remodeling, taking apart or rebuilding; or (c) repair and servicing of bicycles.

   BILLIARD HALL.  A business establishment containing more than six billiard tables for use by patrons.

   BLOCK.  Property abutting one side of a street and lying between the two nearest intersecting streets (either crossing or terminating), railroad right-of-way, lake, river, stream, or other physical boundary.

   BOARD.  The McCordsville Board of Zoning Appeals.

   BOARD OF ZONING APPEALS.  The McCordsville Board of Zoning Appeals established consistent with the 900 Series of I.C. 36-7-4.

   BOARDING HOUSE.  A building or part of a building that contains accommodation facilities for lodging for definite periods of time, typically with meals served from a single kitchen. Boarding houses do not include bed and breakfasts, multi-family dwellings, hotels, or motels.

   BOAT OR BOAT TRAILER SALES OR SERVICE.  A principle use of a premise for one or both of the following purposes: (a) purchase and sale of new and used boats and boat trailers; or (b) on-site repair of boats or boat trailers.

   BOAT STORAGE FACILITY.  A structure or area designed for the indoor or outdoor storage of watercraft or marine equipment.

   BOND. See SURETY.

   BOOKSTORE.  A retail establishment that, as its primary business, engages in the sale, rental, or other charge-for-use of books, magazines, newspapers, greeting cards, postcards, videotapes, computer software and/or any other printed or electronically conveyed media.  For the purposes of administering and enforcing this chapter, the phrase book store shall not include sexually oriented businesses.

   BOTTLE GAS STORAGE AND DISTRIBUTION.  The storage and distribution of bottle gasses including propane, carbon dioxide, helium, oxygen and other commercially used gases.

   BOTTLING FACILITY.  An industrial enterprise whose output is the bottling of beverages, alcoholic or non-alcoholic, for distribution.

   BOWLING ALLEY.  An establishment that devotes a majority of its gross floor area to bowling lanes, equipment, and playing areas. A bowling alley may include other incidental uses, such as a pro shop, other recreation activities, a restaurant, or a bar.

   BREWERY, INDUSTRIAL BREWERY OR DISTILLERY.  An industrial facility utilized primarily for the brewing or distilling of alcoholic beverages to be distributed commercially.  This facility may also serve as a temporary storage/distribution center for wholesale goods produced on-site as an incidental use.

   BREWERY, MICRO-BREWERY.  A facility for the production and packaging of malt beverages for distribution, retail, or wholesale, on- or off-premise, with a typical capacity of not more than 15,000 barrels per year. A micro-brewery establishment may be comprised of other complimentary uses such as a standard restaurant, bar, or combination thereof.

   BUFFER.  A strip of land, a fence, and/or area of landscaping between one use and another designed and intended to separate and screen those uses.

   BUFFER LANDSCAPING.  Any trees, shrubs, walls, fences, berms, or related landscaping features required by this chapter as part of a buffer.

   BUFFER YARDS.  An area adjacent to front, side and/or rear property lines, measured perpendicularly from adjacent property lines and/or right-of-way lines, intended to screen incompatible uses from each other. Buffers yards are also used to help 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 CODE.  The locally adopted Indiana Building Code establishing and controlling the standards for constructing mechanical equipment, all forms of permanent structures, and related matters within the Town of McCordsville. Also referred to in this chapter as the McCordsville Building Code.

   BUILDING HEIGHT.  See STRUCTURE HEIGHT.

   BUILDING OFFICIAL.  The person responsible for the enforcement of the McCordsville Building Code.

   BUILDING PERMIT.  An official certification issued by the Building Official authorizing the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving, or repair of a building or other structure.

   BUILDING SUPPLY STORE.  A large warehouse-style establishment that offers retail and wholesale site development, building, and hardware supplies, including various basic  hardware lines, such as tools, builder's hardware, plumbing and electrical supplies, paint and glass, housewares and household appliances, and garden supplies and cutlery. A lumberyard may be included as an incidental use to the building supply retail sales.

   BUILDING, ATTACHED.  A building that is structurally connected to another building by a foundation, wall, or roof line.

   BUILDING, DETACHED.  A building which is surrounded by open space and located on the same lot as another building.

   BUILD-TO LINE.  A line parallel to the front property line indicating the distance from the front property line at which primary structures must be built. A built-to line is neither a minimum nor a maximum, but rather a specific requirement.

   BUS/MASS TRANSIT TERMINAL.  A centralized and/or primary community facility for the transient housing or parking of motor driven buses, and the loading and unloading of passengers.

   BUSINESS.  A commercial endeavor to engage in the purchase, sale, lease, barter, or exchange of goods, wares, merchandise, and/or the provision of services.

   BUSINESS DISTRICT.  A geographic area used for commerce and the operation of a business or businesses.

   BUSINESS/FINANCIAL SERVICES OFFICE.  Any office where the primary occupation is concerned with such federal or state-regulated businesses as banking, savings and loans, loan companies, and investment companies.

   BZA. See BOARD OF ZONING APPEALS.

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

   CAMPUS.  An area of land constituting and making up the grounds of an institution, such as a college or university, a business complex, or a manufacturing park.

   CAR WASH.  The use of a property for the washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment.

   CARPORT.  A permanent structure, which includes a roof and roof-supports but not enclosed by walls, which is used as an accessory to a dwelling unit for the purpose of providing shelter to one or more vehicles.

   CATERING FACILITY.  A facility primarily engaged in the preparation of food on a custom order basis for individuals or businesses.  For the purposes of administering and enforcing this chapter, the phrase CATERING FACILITY shall include RESTAURANT.  A catering facility differs from a banquet hall in that a catering facility is typically where the food is prepared whereas a banquet hall is typically where catered food is intended to be consumed.  In the event that a facility both prepares and serves the food, it shall be considered a catering facility.

   CEMETERY.  Land used or dedicated to the burial of the dead, including crematoriums and mausoleums.

   CERTIFICATE OF OCCUPANCY.  A certificate issued by the town certifying that a newly constructed or modified structure and/or property is completed in its entirely and is in complete compliance with all applicable regulations of the town, and therefore may be occupied.

   CHANGE OF USE PERMIT.  See IMPROVEMENT LOCATION PERMIT.

   CHILD CARE CENTER.  As defined by I.C. 12-7-2-28.4, as amended from time to time; child care center means a non-residential building where at least one child receives 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.

   CHILD CARE HOME.  As defined by I.C. 12-7-2-28.6, as amended from time to time, child care home means a residential structure in which at least six children (not including children for whom the provider is a parent, stepparent, guardian, custodian, or other relative or any child who is at least 14 year of age and does not require child care) 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.  Consistent with state law, the phrase CHILD CARE HOME shall include CLASS I CHILD CARE HOMES and CLASS II CHILD CARE HOMES.

   CHILD CARE HOME, CLASS I. As defined in I.C. 12-7-2-33.7, as amended from time to time, Class I Child Care Home means a child care home that serves any combination of full-time and part-time children, not to exceed at any one time 12 children plus three children during the school year only who are enrolled in at least grade one. Except as provided in I.C. 12-17.2-5-6.3(b), the addition of three school age children may not occur during a break in the school year that exceeds four weeks.  A child: (a) for whom a provider of care in the child care home is a parent, stepparent, guardian, custodian, or other relative and who is at least seven years of age; or (b) who is at least 14 years of age and does not require child care; shall not be counted in determining whether the child care home is within the limit set forth above.

   CHILD CARE HOME, CLASS II. As defined by IC 12-7-2-33.8, as amended from time to time, Class II Child Care Home means a child care home that serves more than 12 children but not more than any combination of 16 full-time and part-time children at any one time.  A child: (a) for whom a provider of care in the child care home is a parent, stepparent, guardian, custodian, or other relative and who is at least seven years of age; or (b) who is at least 14 years of age and does not require child care; shall not be counted in determining whether the child care home is within the limit set forth above.

   CHILD CARE HOME, INSTITUTION.  As defined in I.C. 12-7-2-29, as amended from time to time, a child caring institution means an establishment that: (a) operates under a license issued under I.C. 31-27; (b) provides for delivery of mental health services that are appropriate to the needs of the individual; and (c) complies with the rules adopted under I.C. 4-22-2 by the Department of Child Services.

   CHILDREN'S HOME. A facility that houses not more than ten children which are either: (a) in need of service under I.C. 31-34.1; or (b) children who have committed a delinquent act under I.C. 31-37-2.2, I.C. 31-37-2.3, or I.C. 31-37-2.5, as amended from time to time.

   CHURCH.  See RELIGIOUS INSTITUTION OR OTHER PLACE OF WORSHIP.

   CIRCUS OR CARNIVAL. A temporary outdoor amusement center, bazaar, or fair, either involving use of special purpose equipment or conducted by professional operators, or both, and where activities include such things as rides, exhibitions, food service, sales, or small-scale games.

   CLINIC.  Any facility in which human patients are admitted for medical, psychiatric, surgical, or dental study or treatment on an out-patient only basis, and in which the services of at least two physicians or dentists are provided.

   CLUB.  Public or private facilities owned or operated by a person or group of people for social, educational, or recreational purposes, but not primarily for profit nor to render a service which is customarily carried on as a business.  The term CLUB shall include the term LODGE.

   COLLECTION CENTER, DONATIONS AND RETAIL SALES.  Buildings and facilities owned and operated by a group to enable the collection of donated goods and the retail selling of household goods donated to the group.  It should be noted that this use does not denote a primary use as a for-profit business and is primarily geared toward philanthropic or job training efforts.

   COLLECTION POINT, RECYCLING.  A site where individuals bring household recyclable materials to either drop off without compensation, or, to redeem the materials for monetary compensation. Beyond any limited sorting, no other processing of the materials takes place at the site. All materials are stored completely within an enclosed structure while awaiting periodic shipment to a processing facility. While these collection points may be developed as freestanding sites, they typically are incidental uses sharing the site of a larger principle use, such as a discount store. Possible structures for this type of operation are recycling containers such as igloos "reverse vending machines", trailers, or similar structures.

   CMU.  Concrete masonry unit.

   COLLECTOR ROAD.  See STREET, COLLECTOR.

   COLLECTOR STREET.  See STREET, COLLECTOR.

   COLLEGE.  See UNIVERSITY.

   COLLOCATION. The placement or installation of wireless facilities on existing structures that include a wireless facility or a wireless support structure, including water towers and other buildings or structures. The term includes the placement, replacement, or modification of wireless facilities within an approved equipment compound.

   COMMERCIAL DISTRICT.  See BUSINESS DISTRICT.

   COMMERCIAL RECREATIONAL USES.  An occupation, employment, or enterprise that is carried on to provide recreational services for profit by an owner, lessee, or licensee.

   COMMISSION. McCordsville Advisory Plan Commission.

   COMMON AREA.  Land within a development which is not individually owned or dedicated to the public, but which is designed and intended for the use, enjoyment, and maintenance of the property owners within that development or other specific area. The common area may include complimentary structures and/or other improvements.

   COMMON OWNERSHIP.  Ownership by the same person, corporation, firm, entity, partnership, or unincorporated association, including ownership by different corporations, firms, partnerships, entities, or unincorporated associations with at least one common stockholder, partner, or associate.

   COMMUNICATIONS SERVICE EXCHANGE.  A telecommunications facility that houses one or more computer systems and related equipment dedicated to building, maintaining, and/or processing data. Such a facility would likely include a telephone service exchange, a data center, and a server farm.

   COMMUNITY CENTER.  A building available to the public for community activities, meetings, banquets, projects, gatherings, and the similar functions.

   COMPATIBLE.  Having harmony and consistency in design, function, and/or appearance.

   COMPREHENSIVE PLAN.  A document, consistent with the requirements the Indiana Code that is a compilation of policy statements, goals and objectives, standards, maps, and statistical data for the physical, social, and economic development of the community.

   CONCRETE/ASPHALT PRODUCTION FACILITY.  A facility where raw materials are processed into concrete or asphalt for sale and/or immediate use. Facilities typically include all necessary equipment for both transport and application of the finished product.

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

   CONDOMINIUM.  Real estate lawfully subject to the I.C. 32-25 series, the Horizontal Property Law, by the recording of condominium instruments, in which undivided interests in the common areas and facilities are vested in the condominium unit owners.

   CONFECTIONERY, COMMERCIAL.  Buildings and facilities operated to manufacture confectionery items for distribution, wherein some goods may be sold on-site through an incidental retail component of the facility, such as a candy factory.

   CONFECTIONERY, RETAIL.  Buildings and facilities operating and engaged in confectionery retail to the general public with limited on-site production of goods, such as a candy shop.

   CONFERENCE CENTER.  A facility used for service, business and professional organizations for seminars and training activities.  Conference centers may include limited accommodations for conference attendees, such as sleeping, dining, and exercise.  Conference centers are not typically designed to be utilized by the general public for any purpose.

   CONFINED FEEDING.  See CFO AND CAFO.

   CONTIGUOUS.  See ABUTTING.

   CONTRACTOR, COMMERCIAL.  A facility used primarily as an office, showroom and storage facility for a person who executes the construction or improving of buildings; a person or company that performs specific tasks such as electrical or plumbing work in construction projects; or a person or company hired to maintain existing facilities like air conditioning systems or grounds keeping.

   CONSTRUCTION ACTIVITY.  Any disturbance to the land that results in a change in the topography, or the existing soil cover, both vegetative and non-vegetative; any disturbance of an acre or more of land.  Examples of construction activity include, but are not necessarily limited to: clearing, grading, filling, excavating, construction of a new structure, enlargement of a structure, or conversion of a structure.

   CONTINUUM OF CARE FACILITY. A facility for the elderly or aged, where different levels of living and care are provided for a cost. Such facilities may include age-restricted housing units (55 years +), retirement homes, assisted living, nursing homes, and the like. These facilities shall not have occupants that require security restraint, equipment for surgical care or for the treatment of disease or injury, and are not primarily designed for mental patients or alcoholics.

   CONVENIENCE STORE.  A facility comprised of a small retail establishment that offers for sale a limited line of groceries, convenience goods, tobacco products, periodicals, and other household products.  This facility may offer the sale of automobile fuels, oils, and accessories, without any repair service.

   COUNTRY CLUB.  A facility functioning as a private club, having set membership fees.  This facility may offer a variety of recreational sports and fitness facilities and is typically an incidental use to a golf course.  This facility may or may not be located in conjunction with a housing development.

   COUNTY.  Hancock County, Indiana.

   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 enforceable in civil court by interested or affected parties.

   CRAFT/FABRIC STORE.  Any business that produces on the premises articles for sale of artistic quality or handmade workmanship, or businesses that primarily sell items and materials used in the creation of crafts and other such handiwork.

   CROP PROCESSING AND STORAGE. The processing of harvested crops, as well as the storage of both the raw and processed crops. Processing includes any or all of the following or similar activities as they relate to crop produce: cleaning, shelling, drying, cooking, and packaging.

   CROP PRODUCTION.  The production and management of agricultural crops, including planting, cultivation, and harvesting.

   CUL-DE-SAC.  See STREET, CUL-DE-SAC.

   CURB CUT.  The providing of vehicular ingress and/or egress between property and an abutting public street.

   DANCE/MARTIAL ARTS STUDIO.  An establishment where patrons learn and/or practice dance or martial arts.

   DATA PROCESSING CENTER.  Facilities where employees process electronic data, including data entry, storage, conversion, or analysis; subscription and credit card transaction processing; telephone sales and order collection; mail order and catalogue sales; and mailing list processing.

   DAY CARE CENTER.  See CHILD CARE CENTER.

   DAY CARE HOME.  See CHILD CARE HOME.

   DECIDUOUS TREE.  See TREE, DECIDUOUS.

   DECK.  A platform, either freestanding or attached to building that is supported by pillars or posts.

   DEDICATION.  The intentional setting apart of land or interests in land for use by Town of McCordsville.

   DELI (DELICATESSEN).  An establishment where food is sold for consumption either on or off premises, excluding groceries and supermarkets.

   DENSITY.  The number of dwelling units per acre.

   DENSITY, GROSS.  The numerical value obtained by dividing the total number of dwelling units in a development or area by the gross size of the area (in acres), including all non-residential land uses, rights-of-way, streets, and other features included in the area.

   DENSITY, NET.  The numerical value obtained by dividing the total number of dwelling units in a development or area of the actual tract of land (in acres) upon which the dwelling units are located, or proposed to be located, including common open space and excluding non-residential uses, rights-of-way, and streets.

   DEPARTMENT STORE, LARGE SCALE.  A large retail establishment with an extensive assortment of goods and services and which is organized into separate departments for the purpose of buying, promotion, customer service, and control; a store which sells products at prices lower than those asked by department stores and other traditional retail outlets; or establishments that specialize in such merchandise as jewelry, electronic equipment, or electrical appliances.  The phrase DEPARTMENT STORE includes the phrase DISCOUNT STORE. Such uses are typically 60,000 square feet in gross floor area and greater.

   DEPARTMENT STORE, MEDIUM SCALE.  A mid-size retail establishment with an extensive assortment of goods and services and which is organized into separate departments for the purpose of buying, promotion, customer service, and control; a store which sells products at prices lower than those asked by department stores and other traditional retail outlets; or establishments that specialize in such merchandise as jewelry, electronic equipment, or electrical appliances.  The phrase DEPARTMENT STORE includes the phrase DISCOUNT STORE. Such stores shall be less than 60,000 square feet in gross floor area.

   DEPARTMENT STORE, SMALL SCALE.  A small retail establishment with an extensive assortment of goods and services and which is organized into separate departments for the purpose of buying, promotion, customer service, and control; a store which sells products at prices lower than those asked by department stores and other traditional retail outlets; or establishments that specialize in such merchandise as jewelry, electronic equipment, or electrical appliances. The phrase DEPARTMENT STORE includes the phrase DISCOUNT STORE. Such stores shall be less than 10,000 square feet in gross floor area.

   DESIGN.  A planned arrangement of forms, shapes, massing, colors, and materials intended to serve a useful purpose or be decorative or artistic. The essence of a design resides not in the elements individually, nor in their method of arrangement, but in the total ensemble that awakens some sensation in the observer's mind.

   DESIGNATED ENFORCEMENT ENTITY.  The McCordsville Board of Zoning Appeals.

   DETACHED STRUCTURE.  A building that has no structural connection with the primary structure.

   DETENTION AREA.  An area that is designed to capture specific quantities of stormwater and to gradually release the stormwater at a sufficiently slow rate to avert flooding.

   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.  Any man-made change to improved or unimproved real estate including but not limited to: (1) construction, reconstruction, or placement of a structure or any addition to a structure; (2) installing a manufactured home on a site, preparing a site for a manufactured home or installing recreational vehicle on a site for more than 180 days; (3) installing utilities, erection of walls and fences, construction of roads, or similar projects; (4) construction of flood control structures such as levees, dikes, dams, channel improvements, and the like; (5) mining, dredging, filling, grading, excavation, or drilling operations; (6) construction and/or reconstruction of bridges or culverts; (7) storage of materials; or (8) any other activity that might change the direction, height, or velocity of flood or surface waters.

   DEVELOPMENT PLAN.  Dimensioned plans showing the entire on-site distribution of all elements for a proposed construction project, which would normally include architectural, engineering, landscape architectural, lighting and signage plans.

   DEVELOPMENT STANDARDS. Regulations provided by this chapter that provide specific conditions for the development and use of buildings and property.

   DISTRIBUTION CENTER. A facility that stores inventory and ships finished goods to customers for a specific geographic area. Its stock is replenished on a periodic basis by manufacturing plants or other distribution centers, and it may process customer returns but typically lacks production capabilities.  In general, distribution centers do not sell items directly to the public.

   DISTRICT.  An area with common social, physical, economic, or land use characteristics.

   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.

   DORMITORY.  A structure specifically designed to provide sleeping and living quarters for long-term stay by students of a college, university, or other institution. A common kitchen and common gathering rooms may also be provided.

   DRAINAGE.  The outflow of water or other fluids from a site through either natural or artificial means.

   DRAINAGE SYSTEM.  All facilities, channels, and areas which serve to convey, filter, store, and/or receive stormwater, either on a temporary or permanent basis.

   DRIP LINE.  An imaginary vertical line that extends from the outermost branches of a tree's canopy to the ground.

   DRIVE, PRIVATE. See STREET, PRIVATE.

   DRIVE-THRU SERVICE.  An opening or openings in the wall of a building or structure designed and intended to be used to provide for sales and/or service to patrons, who remain in their vehicles, products that are used or consumed off-site.

   DRIVE-THRU/DRIVE-UP FACILITY.  A small scale establishment developed so that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle, rather than within a building or structure.

   DRIVEWAY.  A private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure.

   DRIVEWAY, COMMON.  An access shared by adjacent property owners.

   DRIVING RANGE.  An area equipped with distance markers, clubs, balls, and tees for practicing golf drives and putting, which may or may not include a snack-bar and pro-shop, but does exclude golf courses and miniature golf courses.

   DRY CLEANERS/COMMERCIAL LAUNDERER.  A large scale establishment that cleans fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation in volatile solvents, and all related processes. Commercial cleaners typically serve businesses and clean uniforms, generally with the cleaners picking up and delivering the clothing to its business clients.

   DRY CLEANERS/LAUNDROMAT.  An establishment that allows for individuals to walk-in and drop off/pick up clothing fabrics, textiles, wearing apparel, or other articles that have been cleaned at some other location.

   DUMPSTER. A receptacle container that has a hooking mechanism that allows it to be raised and dumped into a sanitation truck, including dumpsters for trash, compacted materials, and recycling.

   DUPLEX.  See DWELLING, TWO-FAMILY.

   DWELLING.  A building or portion thereof on a permanent foundation, used primarily as a place of abode for one or more human beings, typically for a period of time not less than 30 days.

   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.  A room or group of rooms designed and equipped exclusively for use as living quarters for only one family, and including eating, lawful cooking, sleeping space and sanitary facilities reserved solely for the occupants thereof. The phrase DWELLING UNIT includes MOBILE DWELLINGS, MODULAR DWELLINGS and MANUFACTURED DWELLINGS but does not include recreational vehicles.

   DWELLING, ACCESSORY. A separate and complete secondary dwelling unit established in conjunction with and clearly subordinate to another dwelling that which serves as the primary use and/or structure on the property.

   DWELLING, DETACHED.  A dwelling unit which does not share a common wall with any other dwelling.

   DWELLING, FARM.  A single-family dwelling that is located on, and used in connection with farm operations.

   DWELLING, MANUFACTURED HOME.  A dwelling unit which is designed and fabricated in one or more modules at a location other than the home site, by assembly-line type production techniques or by other construction methods unique to an off-site manufacturing process; bearing a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Law of 1974; and built after January 1, 1981, and a minimum 950 square feet of main floor area (exclusive of garages, carports, and open porches).

   DWELLING, MOBILE HOME.  A structure transportable in one or more sections which in traveling mode is eight feet wide or more in width and 40 or more feet in length, and which is built on a permanent chassis and designed to be used as a dwelling unit.

   DWELLING, MULTI-FAMILY.  A structure designed for and occupied by three or more families or other single units of housekeeping, with the number of families and housekeeping units in residence not exceeding the number of dwelling units provided.

   DWELLING, SINGLE-FAMILY.  A structure designed for and occupancy by one family or other single unit of housekeeping and therefore including no more than one dwelling unit.

   DWELLING, TWO-FAMILY.  A structure designed for occupancy by two families or other single units of housekeeping and therefore including no more than two dwelling units; a dwelling comprised of two attached units situated side-by-side or on two separate floors.

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

   EDUCATIONAL INSTITUTION.  See SCHOOL.

   EGRESS.  An exit.

   ELECTRICAL TRANSMISSION TOWER. A structure that physically supports high voltage overhead power lines. The term does not include a utility pole.

   ELECTRONICS STORE.  An establishment that has for sale goods relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.  For the purposes of administering and enforcing this chapter the phrases "department store" and "discount store" are exclusive of the phrase "electronics store," meaning that they are not intended to be one and the same.

   ELEVATION.  One of the faces, for example the front, side, or rear, of a building.

   EMERGENCY RESPONSE FACILITY.  An outpost station that serves as an office of operation for police, fire, and/or rescue services. Such stations include personnel, equipment, vehicles, and training facilities.

   EMERGENCY SERVICES FACILITY OR STATION.  A facility providing operational space for essential fire, police, and/or other emergency response services within and around the town.

   EMPLOYMENT SERVICE.  An establishment that seeks and identifies available jobs for patrons seeking employment.

   EQUIPMENT COMPOUND. The area that:

      (1)   Surrounds or is near the base of a wireless support structure; and

      (2)   Encloses wireless facilities.

   EQUIPMENT SALES AND RENTAL.  Establishments primarily engaged in the sale or rental of tools, trucks, construction equipment, agricultural implements, and similar industrial equipment.

   EQUINE SERVICES.  Operations involved in the shelter and care of horses, as well as breeding, training, and for giving lessons, including stables, stud farms, and other related uses.

   EQUIPMENT, MECHANICAL. Equipment installed for a use appurtenant to the primary use. Such equipment may include heating and air conditioning equipment, solar collectors, parabolic antennas, and power generating devices.

   EROSION.  The detachment, movement, and wearing away of soil and rock fragments by flowing surface or subsurface water or by wind.

   ESSENTIAL SERVICES.  The erection, construction, alteration, or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, telephone, sewer, or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants, street signs, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate services by public utilities or municipal or other governmental agencies or for the public health, safety, or general welfare, but not including buildings.

   EVERGREEN TREE.  See TREE, EVERGREEN.

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

   EXPANSION OF 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).

   EXPLOSIVE MANUFACTURING AND STORAGE.  The manufacture and storage of any chemical compound, mixture, or device of which the primary and common purpose is to function by explosion with substantially simultaneous release of gas and heat, the resulting pressure being capable of producing destructive effects.

   EXTERNAL ILLUMINATION.  Illumination of a sign that is affected by an artificial source of light not contained within the sign itself.

   FABRICATION FACILITY.  An establishment where employees and machinery are used to assemble product components created offsite.

   FAÇADE.  The portion of any exterior elevation on a building, extending from grade level to the top of the parapet, wall, or eaves for the entire width of the building.

   FAIRGROUNDS.  An area of land used for agricultural related office buildings, animal shows and judging, carnivals, circuses, community meeting and recreational facilities, concerts, food booths and stands, games, rides, rodeos, sales and auctions, storage, and theaters.

   FAMILY.  One or more persons occupying a dwelling unit as a single housekeeping unit and therefore using common facilities for cooking, sanitation, and gathering. A family does not include any society, club, fraternity, sorority; or group living in a boarding house, hotel, motel, bed and breakfast facility, lodging house, rooming house, or club; any group of individuals whose association with each other is seasonal or any individuals who are in a group living arrangement as a result of criminal activity.

   FAMILY CHILD CARE HOME.  See CHILD DAY CARE HOME.

   FARM (CONFINED FEEDING).  Any livestock operation that meets one or more of the following characteristics: (1) any confined feeding of at least 300 cattle, or 600 swine or sheep, or 30,000 fowl, such as chickens, ducks and other poultry; (2) any animal feeding operation utilizing a waste lagoon or holding pits; (3) any animal feeding operation where the operator elects to come under the provisions of I.C. 13-18-10; or (4) any animal feeding operation that is causing a violation of I.C. 13-18-10 as determined by the Stream Pollution Control Board. See also CONFINED FEEDING.

   FARM (DWELLING).  See DWELLING, FARM.

   FARM (GENERAL).  An property or area exceeding 20 acres in size that is used for agriculture (such as the production and storage of vegetables, fruit trees, or grain, as well as the raising of farm animals, such as poultry or cattle, on a limited basis). A farm shall include all related structures and the storage of equipment and materials used on-site for the farm operation. A farm shall not include the commercial raising of animals, confined feeding, or the commercial feeding of garbage or offal to swine or other 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.

   FARM EQUIPMENT SALES AND SERVICE.  An establishment that services farm implements, as well as offers for sale new and used farm implements.

   FARMER'S MARKET.  A periodic market held in an open area or under a structure where groups of individual sellers holding the proper town permit offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include second-hand goods) dispensed from vehicles or temporary stands located on-site.

   FAST FOOD RESTAURANT.  See RESTAURANT, FAST FOOD.

   FBFM . Flood Boundary and Floodway Map; an official map delineating the floodway, floodway fringe, 100-year floodplain, and 500-year floodplain which is prepared in conjunction with a flood insurance study.

   FEMA.  Federal Emergency Management Agency.

   FENCE.  Any structure, solid or otherwise, which is a barrier and is used as a boundary or means of protection, confinement, or concealment.

   FENCE, BARBED-WIRE.  One or more strands of wire or other material having intermittent sharp points of wire or metal that may puncture, cut, tear, or snag persons, clothing, or animals.

   FENCE, STOCKADE.  A fence constructed of vertical wood strips, with no intervening spaces, providing a complete visual barrier.

   FERTILIZER SALES, DISTRIBUTION, AND STORAGE.  An establishment that stores, distributes, and sells fertilizers primarily for agricultural crop production use.

   FHBM.  Flood Hazard Boundary Map.

   FINAL PLAT.  See PLAT, SECONDARY.

   FINANCIAL INSTITUTION.  A facility such as a bank or credit union, concerned with providing federal or state regulated banking, savings, loans and/or investments.  For the purposes of administering and enforcing this chapter, the term financial institution does not include payday loan establishments.

   FINISHED FLOOR AREA.  See FLOOR AREA, FINISHED.

   FIREWORKS SALES.  A permanent establishment where the primary business is the retail sale of devices defined as fireworks by the State of Indiana.

   FIRM.  Flood Insurance Rate Map; the official map on which FEMA has delineated both the areas of special flood hazard and risk premium zones.

   FITNESS CENTER.  A facility where passive or active exercise and related activity is performed for the purpose of physical fitness, improved circulation or flexibility, and/or weight control.  A fitness center may provide facials and other skin care treatments, massage, exercise, yoga, and other wellness related activities with or without such equipment or apparatus as an incidental use(s).

   FLAT ROOF.  The silhouette formed by a roof line. While the name infers a roof with no pitch, the actual roof structure is required to have a slope for drainage purposes. The roof line can be stepped or flat in appearance by using architectural elements such as cornices, mansards, and parapets.

   FLEA MARKET.  An occasional or periodic market held in an open area or structure where goods are offered for sale to the general public by individual sellers from open or semi-open facilities or temporary structures. The phrase flea market shall not include informal garage or yard sales.

   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 HAZARD AREA.  Any area located within the floodplain, including the flood fringe and floodway.

   FLOODLIGHT.  Reflector type light fixture that produces unshielded and undirected illumination.

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

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

   FLOODWAY FRINGE. Those portions of the floodplain lying outside the floodway. The floodway fringe is not necessary for carrying and discharging peak flood flow, but is subject to flooding.

   FLOOR AREA. The sum of all horizontal surface areas of all floors of all roofed portions of a building enclosed by and within the surrounding exterior walls or roofs, or to the centerline(s) of party walls separating such buildings or portions thereof. Floor area of a building shall exclude exterior open balconies and open porches.

   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 linking 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. The finished floor area of a primary structure does not include a garage, carport, deck, unfinished storage, patio, or open porch.

   FLOOR AREA, GROUND.  That portion of finished floor area located on the first (or nearest ground level) floor of the dwelling unit.

   FLORIST, RETAIL.  An indoor facility whose primary purpose is to offer for sale fresh or artificial flowers and related products and services directly to consumers. Retail florists may include greenhouse operations, and incidental sales of small gardening equipment and accessories.

   FLORIST, WHOLESALER.  A facility offering for sale bulk flowers and related supplies to professionals in the trade.  See also GREENHOUSE, COMMERCIAL.

   FOOD AND BEVERAGE PRODUCTION.  The large scale processing of raw ingredients and materials to create finished or unfinished foods and beverages.

   FOOD TRUCK.  Any food sales by any person, partnership or corporation, from any truck, cart, vehicle, recreational vehicle, trailer, or other apparatus, which prepared food, meant for human consumption, is being directly offered for sale.

   FOUNDATION.  The supporting member of a wall or structure.

   FPG.  Flood protection grade; the elevation of the regulatory flood plus two feet at any given location in the Special Flood Hazard Area (SFHA).

   FRATERNITY, EDUCATIONAL.  A club or social activity officially associated with and recognized and supervised by an institution for higher education whose membership is limited exclusively to students of the institution.

   FRATERNITY, SOCIAL.  A private club of individuals organized around a civic, social, or intellectual goal or pursuit. See also PRIVATE CLUB.

   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. For a corner lot, the line marking the boundary between the lot and each of the abutting street rights-of-way.

   FRONT YARD. See YARD, FRONT.

   FRONTAGE.  See LOT FRONTAGE.

   FUNERAL HOME. A facility used for the preparation of the deceased for display and burial and the conducting of rituals and religious programs associated with burial. See also MORTUARY.

   GALLERY, ART OR PHOTO.  A facility used primarily for the exhibition and sale of art, usually visual art, painting, sculpturing, jewelry making, weaving or other similar function defined as a fine art.  For the purpose of administering and enforcing this chapter, the phrase art or photo gallery is not intended to include tattoo or piercing parlors.

   GARAGE DOOR, DECORATIVE. Garage doors that function like any modern day garage door, but typically are designed with unique paneling designs, windows, hardware, and other design features to enhance the curb appeal of the property. DECORATIVE GARAGE DOORS shall have no less than three of the following features: windows or faux windows with grids, decorative hardware including, but not limited to visible strap hinges, architectural panel design, stained wood door, multiple colors utilized, and other features as approved by the Architectural Review Committee.

   GAS STATION.  Any building, structure, or area of land used for the retail sale of automobile fuels, oils, and accessories.

   GOLF COURSE.  An area of terrain on which the game of golf is played. A golf course typically includes greens, fairways, and natural areas. A golf course may also include a driving range when integrated with the golf course operations and hours.  A golf course may also include a country club as an incidental use.

   GOVERNMENT FACILITY.  A building, group of buildings, and/or piece of property operated or occupied by a governmental agency to provide a governmental service to the public. Government facilities may include the storage and service of government vehicles, equipment, and supplies. The term GOVERNMENT in this instance is the appropriate municipal authority, officer or body charged with the care, custody and control of the land on which the facility is located.  For the purposes of administering and enforcing this chapter, the phrase government facility is not intended to include penal or correctional facilities.

   GRADE.  The finished surface of the ground adjacent to the exterior walls of a building.

   GRADE, EXISTING. The vertical elevation of the ground prior to any excavation, filling, or other construction activity.

   GRADE, FINISHED.  The final elevation of the ground surface after man-made alterations have been completed.

   GRANDFATHERED.  A description of the a status of certain properties, uses, activities, and conditions that were legally existing prior to the effective date of this chapter.

   GRANNY FLAT.  See DWELLING, ACCESSORY.

   GRAZING AND PASTURE LAND.  A fenced area used for the feeding and upkeep of livestock.

   GREENHOUSE.  A building or structure constructed primarily of translucent materials which is devoted to the protection or cultivation of flowers and other tender plants.

   GREENHOUSE, COMMERCIAL.  A building used for the growing of plants, all or some of which are sold at retail or wholesale either on or off-site.

   GROCERY STORE.  Large-scale retailers offering for sale food and other household goods and services.  Grocery stores typically house flower shops, pharmacies, bakeries, branch banks, and other complementary and incidental uses. For the purposes of administering and enforcing this chapter, the phrase grocery store shall not include grocery departments that are typically found in department stores or discount stores.

   GROSS DENSITY.  Density determined by dividing that total acreage within the site by the total number of dwelling units.

   GROUND FLOOR AREA.  See FLOOR AREA, GROUND.

   GROUP HOME.  As defined by I.C. 12-7-2-98.5, as amended from time to time, group home means a residential structure in which care is provided on a 24 hour basis for not more than ten children.

   GYMNASTICS CENTER.  An establishment where patrons learn and practice gymnastics, and where gymnastics competitions and meets may occur.

   HARD SURFACE.  See PAVED SURFACE.

   HARDSHIP.  A difficulty with regard to one's ability to improve land stemming from the application of the requirements 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.

   HARDWARE STORE.  A small or medium-scale facility primarily engaged in the retail sale of various basic hardware lines, such as tools, builder's hardware, plumbing and electrical supplies, paint and glass, housewares and household appliances, and garden supplies and cutlery. A lumberyard may be included as an incidental use to the hardware retail sales.

   HAZARDOUS MATERIAL.  Any substances or materials that by reason of their toxic, caustic, corrosive, abrasive, or otherwise injurious properties, may be detrimental to the health of any person handling or otherwise coming into contact with such material or substance.

   HAZARDOUS MATERIAL STORAGE/PROCESSING FACILITY.  All structures, other appurtenances, and any improvement to the land used for treating, storing, processing, or disposing of hazardous materials.

   HEALTH OR DAY SPA.  An establishment that offers professional services and signature treatments provided by licensed aestheticians and therapists, and which typically offer massage, body and face treatments, professional spa products, and nutritional/weight counseling.  See also FITNESS CENTER.

   HEDGE.  A row of closely planted shrubs, bushes, or any other kind of plant used as a compact, dense, living barrier that protects, shields, separates, or demarcates an area.

   HEIGHT.  The vertical distance to the highest point of any roof for structures which have roofs, and the vertical distance to the highest point of all other structures, measured from adjacent grade level.  For the purpose of determining the height in limits in all zones set forth in this chapter and shown on the airport zoning map, the datum shall be mean sea level (MSL) elevation unless otherwise specified.

   HELIPORT.  An area used for the landing and take-off of helicopters, including any structures, buildings, and equipment associated with that use.

   HISTORIC SITE.  All structures and other features identified as contributing, noteable, or outstanding by the Indiana Historic Sites and Structures Inventory - Hancock County Interim Report, or listed in the National Register of Historic Places or the Indiana Register of Historic Sites and Structures, as well as any subsequent amendments and/or additions to any of these publications.

   HOME ELECTRONICS/APPLIANCE STORE.  An establishment that primarily sells home appliances, electronics, and related accessories.

   HOME IMPROVEMENT, RETAIL.  A small or medium-scale facility, such as a hardware store or garden shop, primarily engaged in the retail sale of various basic hardware lines, such as tools, builder's hardware, plumbing and electrical supplies, paint and glass, house wares and household appliances, and garden supplies, plants, landscaping materials, and related accessories. A lumberyard may be included as an incidental use to the hardware retail sales.

   HOME OCCUPATION.  An occupation carried on in a dwelling unit by a resident thereof which is limited in extent, and incidental and secondary to the use of the dwelling unit for residential purposes, and therefore does not change its residential character.

   HOME OWNER'S ASSOCIATION.  See LOT OWNER'S ASSOCIATION.

   HOSPITAL.  An institution where sick or injured persons are given medical care and, during the course of that treatment, are housed overnight, fed, and provided nursing and related services. Related services include diagnostic facilities, laboratories, hospices, outpatient facilities, treatment facilities, and training facilities. Hospital does include institutions operating for the treatment of insane persons and persons suffering addictions, but does not include nursing homes, retirement facilities, shelters, or boarding houses.

   HOTEL.  A building in which temporary 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. A hotel furnishes customary services such as maid service and laundering of linen, telephone, secretarial, or desk service, and the upkeep of furniture. As such, it is open to the public. Compensation is usually assessed on a day-to-day basis.

   HOTEL, EXTENDED STAY.  A building in which lodgings are provided and offered, for compensation, to the public for periods greater than seven consecutive days, 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.  An extended stay hotel may furnish customary services such as maid service and laundering of linen, telephone, secretarial, or desk service, and the upkeep of furniture.  This type facility caters to the longer term stays which may be incurred in business travel.  Special accommodation such as kitchenettes may be provided.  In this instance, compensation is typically assessed on a contractual basis.

   HOUSEKEEPING UNIT.  A group of individuals functioning as a single household, making common use of a single kitchen and other family quarters. See also FAMILY.

   ICE CREAM SHOP.  Any establishment that primarily offers ice cream and frozen desserts to be eaten on- or off-premises.

   IMPERVIOUS SURFACE.  Any hard-surfaced, man-made area that prevents absorption of stormwater into the ground.

   IMPROVEMENT.  Any building, structure, bridge, work of art, area, parking facility, public facility, fence, gate, wall, landscaping, or other object constituting a physical addition to real property.

   IMPROVEMENT LOCATION PERMIT.  A permit allowing a person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any structure; alter the condition of the land; change the use or occupancy of a property; or otherwise cause any change to occur that is subject to the requirements of this chapter and/or the McCordsville Subdivision Control Ordinance.

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

   INCIDENTAL SALES.  See SALES, INCIDENTAL.

   INCINERATOR.  A facility that uses thermal combustion processes to destroy or alter the character or composition of medical waste, sludge, soil, or municipal solid waste (not including animal or human remains).

   INDECISIVE VOTE.  A vote which fails to receive a majority of the votes of the entire membership of the body, either in favor or opposed.

   INDUSTRIAL BUSINESS PARK.  Small scale manufacturing, construction, production, and assembly uses, as well as other light industrial uses. This district is specifically intended to provide appropriate setbacks and standards for small-scale businesses, entrepreneurial operations, start-up businesses, and similar operations.

   INDUSTRIAL DISTRICT.  The use of a property or area for the manufacture, fabrication, processing, reduction, or destruction of any article, substance, or commodity, including related storage facilities and warehouses.

   INDUSTRIAL, GENERAL.  General industrial manufacturing, production, assembly, warehousing, research and development facilities, and similar land uses. This district is intended to accommodate a variety of industrial uses in locations and under conditions that minimize land use conflicts.

   INDUSTRIAL, LIGHT.  Light production, assembly, warehousing, research and development facilities, and similar land uses. This district is intended to accommodate only industrial uses that are completely contained within structures and do not involve the outdoor storage of materials or the release of potential environmental pollutants.

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

   INOPERABLE MOTOR VEHICLE.  A motor vehicle which meets one or more of the following conditions: (1) any motor vehicle from which there has been removed the engine, transmission, or differential or that is otherwise partially dismantled or mechanically inoperable; or (2) any motor vehicle which cannot be driven on a public street without being subject to issuance of a traffic citation by reason of its operating condition or not displaying a valid and current license plate.

   INOPERABLE VEHICLE STORAGE. The outdoor storage of inoperable motor vehicles from which there has been removed the engine, transmission, or differential or that is otherwise partially dismantled or mechanically inoperable. Any motor vehicle which cannot be driven on a town street without being subject to the issuance of a traffic citation by reason of its operating condition or not displaying a valid and current license plate.

   INSPECTORS.  Employees of the Advisory Plan Commission authorized by the Administrator to enter, examine, and survey all lands within the town to accomplish the enforcement of this chapter and any other land use regulations of the town.

   INSTITUTIONAL FACILITY FOR THE DEVELOPMENTALLY DISABLED.  An institutional facility that provides care, supervision, and protection for persons with developmental disabilities consistent with the provisions of Indiana Code. See also RESIDENTIAL FACILITY FOR THE DEVELOPMENTALLY DISABLED.

   INSTITUTIONAL FACILITY FOR THE MENTALLY ILL.  An institutional facility that provides care, supervision, and protection for mentally ill persons consistent with the provisions of Indiana Code. See also RESIDENTIAL FACILITY FOR THE MENTALLY ILL.

   INTERIOR GREENBELT.  That portion of the front yard of a lot that is immediately adjacent and parallel to the right-of-way of intersecting corridor streets having a minimum depth of 15 feet from the street right-of-way line.

   INVESTMENT FIRM.  Any office where the primary occupation is concerned with businesses that buy and sell stocks, bonds, and other notes of purchase.

   JEWELRY STORE.  An establishment that primarily sells new jewelry, and may offer for sale used or consignment merchandise.

   JUNK.  Scrap or waste material of any kind.

   JUNK YARD.  A building, structure, or parcel of land, or portion thereof, used for collecting, storage, or sale of waste paper, rags, scrap metal, rubber tires, bottles, or discarded material; or any business and any place of storage or deposit, whether in connection with another business or not, which has stored or deposited two or more unregistered or inoperable motor vehicles that are no longer intended or in condition for legal use.

   JURISDICTION.  Any area over which a unit of government exercises power and authority.

   KENNEL.  See ANIMAL, KENNEL.

   LABORATORY.  A facility that provides controlled conditions in which scientific research, experiments, and measurements may be performed; a classroom where practical learning and demonstration take place in science, language, and other subjects.

   LAND USE.  The occupation or use of land for any human activity or purpose.

   LAND USE PETITION.  A rezoning petition, variance petition, special exception petition, or any other petition permitted by rules of procedure adoption by the McCordsville Advisory Plan Commission.

   LANDING AREA.  The area of the airport used for the landing, take off, and taxiing of aircraft.

   LANDSCAPE BUFFER.  See BUFFER.

   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.

   LEGAL NONCONFORMING LOT.  Any lot which has been legally established and recorded prior to the effective date of this chapter, or its subsequent amendments, which no longer meets the lot-specific development standards.

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

   LETTER OF MAP AMENDMENT (LOMA).  An amendment to the currently effective FEMA map that establishes that a property, area, and/or structure 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.

   LIBRARY.  A public facility for the use, but not sale, of literary, musical, artistic, or reference materials, with the exception of a not-for-profit group selling outdated or donated books.

   LIGHT INDUSTRIAL PROCESSING AND DISTRIBUTION.  Processing and distribution of materials and products from processed or previously manufactured materials. Light industry is capable of operation in such a manner as to control the external effects of processing such as smoke, noise, odor, and the like.

   LINEAR PARK.  A park or other green, open space that forms a corridor, or is a part of a corridor along a body of water, street, abandoned rail line, or pedestrian/bicycle trail.

   LIQUOR STORE.  A store that offers retail and/or wholesale liquor, including wine and beer.

   LIVESTOCK AUCTION/SALES FACILITY.  A commercial establishment where livestock is collected and auctioned and/or sold. Livestock at the facility are there on a temporary basis, for immediate sale only, and not housed long term.

   LIVESTOCK RAISING AND BREEDING.  The production and upkeep of livestock for the purposes of sale, including the feeding, sheltering, grazing, and shipping of livestock, including the storage of all necessary materials and equipment.

   LOADING BERTH.  A space within a building or on the premises providing for the loading and unloading of merchandise and materials.

   LOCAL STREET. See STREET, LOCAL.

   LODGE OR PRIVATE CLUB.  A membership organization that holds regular meetings and that may, subject to other regulations controlling such uses, maintain dining facilities, serve alcohol, or engage professional entertainment for the enjoyment of dues paying members and their guests. There are no sleeping facilities.

   LOT.  A contiguous area of land separated from other areas of land by a 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.

   LOT AREA. The horizontal area within the exterior lines of a lot, including any easements, but excluding any rights-of-way or other similar dedications to the public.

   LOT COVERAGE.  The percentage of the lot area covered by buildings, structures, parking areas, driveways, walkways, and other paved or impervious surface.

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

   LOT FRONTAGE.  The horizontal distance between side lot lines where a property abuts a street.

   LOT LINE.  The property lines which define the lot.

   LOT OF RECORD.  A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder, or a parcel of land, the deed to which has been recorded in the office of the County Recorder prior to January 1, 2002, whether or not the property has been subsequently transferred, but must have been transferred by the same description that was of record prior to January 1, 2002.

   LOT OWNERS ASSOCIATION.  An incorporated non-profit organization operating under recorded land agreements through which each lot owner is automatically a member and each lot is automatically subject to a proportionate share of the expenses for the organization's activities, such as maintaining common property.

   LOT WIDTH.  The horizontal distance between side lot lines measured at the required minimum front setback line or built-line line affecting the property.

   LOT, BUILDABLE.  Any lot upon which improvements are permitted to be constructed, or which is otherwise allowed to be occupied and used consistent with all applicable requirements of this chapter.

   LOT, CORNER.  A lot located at the corner of two or more streets.

   LOT, DEVELOPED.  A lot upon which improvements have been made or is otherwise being used for human purposes.

   LOT, DOUBLE FRONTAGE.  A lot having frontage on two or more non-intersecting streets.

   LOT, IMPROVED. See LOT, DEVELOPED.

   LOT, INTERIOR.  Any lot which is not a corner lot or through lot.

   LOT, LEGAL NONCONFORMING.  See LEGAL NONCONFORMING LOT.

   LOT, RECORDED. See LOT OF RECORD.

   LOT, UNDEVELOPED.  A lot of record upon which no improvements exist.

   LOT, ZONING.  A single tract of land that, at the time of application for an improvement location permit, is designated by the applicant for the purpose of complying with this chapter as the tract to be used, developed, or built upon. A zoning lot or lots may coincide with one or more lots of record.

   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 inch for every one square foot of enclosed area subject to flooding. The bottom of all such openings shall be no higher than one foot above grade; such enclosed space shall be usable for the parking of vehicles and building access.

   LUMBER YARD.  An area designated for open-air storage, or a warehouse or other enclosed building, established for the storage, distribution or sale (for wholesale or retail purposes) of products and equipment needed in connection with the lumber industry.

   LUMINAIRE.  A complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.

   LUMINAIRE, CUT-OFF TYPE.  A luminaire that emits less than 2.5% of lamp lumens, eliminating glare. The bulb is recessed into the housing.

   LUMINAIRE, FULL CUT-OFF TYPE.  A luminaire with no light emitted above the horizontal plane.

   LUMINAIRE, SEMI CUT-OFF TYPE. A luminaire with less than 5% of the lamp lumens emitted above the horizontal plane.

   MAIL-ORDER STORE.  Similar to a distributor or wholesaler, a mail-order store offers for sale such things as magazines, catalogs, and music directly to the consumer via the mail and further avoiding the need for a retail store.

   MALL, SHOPPING. A large scale retail use that typically serves a regional market, typically drawing relatively large volumes of traffic and comprised of a collection of independent retail stores, services, and parking areas constructed and maintained by a management firm as a single entity.

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

   MANUFACTURED HOME.  See DWELLING, MANUFACTURED HOME.

   MANUFACTURED HOME PARK.  A parcel of land containing two or more dwelling sites, with required improvements and utilities that are leased for long term placement of mobile home dwellings and/or manufactured home dwellings. A MANUFACTURED HOME PARK does not involve sales of mobile home dwellings or manufactured home dwellings in which unoccupied units are parked for inspection or sale.

   MANUFACTURED HOME SALES.  The sale and incidental storage of single-family detached housing that includes mobile homes and manufactured homes Type I, II, and III.

   MANUFACTURED HOME SITE.  The area of land in a manufactured home park for the placement of one manufactured home.

   MANUFACTURING, LIGHT.  Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment, or fabrication of materials and products, from processed or previously manufactured materials.  Light industry is typically capable of operation in such a manner as to control the external effects of the manufacturing process, such as smoke, noise, soot, dirt, vibration or odor.

   MANUFACTURING, MEDIUM.  Enterprises in which goods are generally mass produced from raw materials on a large scale through the use of an assembly line or similar process, usually for sale to wholesalers or other industrial or manufacturing uses.  Medium industry typically produces moderate external effects such as smoke, noise, soot, dirt, vibration, or odor.

   MARKER (SURVEY). A stake or any other object which is intended to mark a point on a lot or within a subdivision.

   MASONRY.  Masonry is the building of structures from individual units laid in and bound together by mortar; the art, craft and practice of building with natural or artificial stone which involves stone quarrying, cutting, dressing, jointing and laying.

   MASSAGE PARLOR.  An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless the treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state.

   MASSING.  The shape and form a building takes on through architectural design. There are ten architectural design elements that create urban space: (1) building silhouette (similar pitch and scale to a roof line); (2) spacing between building facades (setbacks or notches between primary facades that frame the structure); (3) setback from property line (building setback and/or primary façade setback from the property line); (4) proportion of windows, bays, and doorways (vertical or horizontal elements tied together in bands across façade lengths); (5) proportion of primary façade (size of facades similar in area and height to width ratios); (6) location and treatment of entryway (important visual commonality between structures); (7) exterior materials used (similar materials and treatment add to detail and monumentality of a building); (8) building scale (similarity of building height and configuration); (9) landscaping (ties together buildings and defines space); and (10) shadow patterns form decorative features (the light and dark surfaces from materials used and projections from windows, bays, and setbacks create visual breaks). A specific project may not need to incorporate all ten elements.

   MEAT MARKET (BUTCHER).  A market that primarily offers retail and/or wholesale meats, but may also sell related incidental products.

   MECHANICAL EQUIPMENT.  See EQUIPMENT, MECHANICAL.

   MEDICAL HOSPITAL, CENTER OR COMPLEX.  An institution licensed by the State Board of Health and providing health services primarily for in-patient medical or surgical care of the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central service facilities, and staff offices which are an integral part of the facility, provided such institution is operated by or treatment is given under direct supervision of a licensed physician. Types of hospitals include general, mental, chronic disease and allied special hospitals such as cardiac, contagious disease, maternity, orthopedic, cancer and the like.

   MEDICAL OR DENTAL CLINIC.  An establishment in which patients are admitted, or otherwise treated for medical or dental study or treatment and in which the services of at least two physicians, dentists, optometrists or chiropractors and where other medical practitioners are available.

   METES AND BOUNDS. A description of land prepared by a state-registered land surveyor providing measured distances and courses from known or established points on the surface of the earth.

   MICROBREWERY (BREW-PUB).  A facility for the production and packaging of malt beverages of low alcoholic content for distribution, retail, or wholesale, on or off premise, with a capacity of not more than 15,000 barrels per year. The development may include other uses such as a standard restaurant, bar or live entertainment.

   MINIATURE GOLF COURSE.  A theme-oriented recreational facility composed of a series of putting greens where patrons pay a fee to move in consecutive order from one green to the next.

   MINING OR EXCAVATION.  The extraction of metallic and nonmetallic minerals or materials from the earth for use off-site, including incidental uses and facilities such as rock crushing, screening, and the necessary storage and use of explosives.

   MINI-STORAGE FACILITY.  A storage structure containing separate storage spaces of varying sizes, each for individual purchase or rental for the storage of household goods.

   MIXED-USE DEVELOPMENT.  An area, parcel of land, or structure developed for two or more different land uses.

   MOBILE HOME.  A transportable structure suitable for year-round single-family occupancy and having water, electrical, sewage connections similar to those of conventional dwellings.

   MOBILE HOME PARK.  A parcel of land with required improvements and utilities containing two or more dwelling sites that are leased for more than 60 days.  The phrase MOBILE HOME PARK may include the siting use of a MOBILE HOMES SALES OFFICE.

   MODULAR HOME.  A factory-fabricated transportable building designed to be used alone or to be incorporated with similar units at a building site and designed and constructed with a perimeter frame to become a permanent structure on a site, with all outside walls supported by a permanent foundation. A modular home is a single-family dwelling for the purposes of this chapter.

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

   MONUMENT SALES.  A retail facility whose primary use is to offer for sale engraving of funerary headstones, monuments, and cemetery markers, and may include on-site manufacturing of monuments.

   MORTUARY.  An establishment under the care and control of a funeral director as licensed pursuant to M.G.L. Chap. 114, Sec. 49 with facilities for the preparation of the dead for burial or cremation, with reposing rooms for the viewing of the body, and for funerals, and where final disposition of the body to be elsewhere in accordance with Indiana State Law and where the funeral home director(s) are licensed by the State of Indiana.  The term MORTUARY includes the phrase FUNERAL HOME.  A mortuary may also offer for sale, as an incidental use, accessory funeral items.

   MOTEL.  An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single lot, and designed for use by transient automobile tourists. 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. See also HOTEL.

   MOTOR HOME. See RECREATIONAL VEHICLE.

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

   MOTOR VEHICLE, INOPERABLE. See VEHICLE, INOPERABLE.

   MULTI-FAMILY DWELLING.  See DWELLING, MULTI-FAMILY.

   MULTI-TENANT BUILDING.  A grouping of two or more business establishments that either share common parking on the lot where they are located, or that occupy a single structure or separate structures that are physically or functionally related or attached.

   MULTI-USE PATHWAY. See PATHWAY.

   MUSEUM.  A building having public significance by reason of its architecture or former use or occupancy, or a building housing a specific collection of natural, scientific, or literary materials, objects of interest, or works of art, and designed to be used by the public with or without an admission charge. It may include as an accessory use the sale of goods to the public.

   MUSIC STORE.  A retail establishment specializing in the sale of musical instruments and equipment, sheet music, CD's, vinyl albums, equipment and other accessories. A music store may include, as an incidental use, vocal and musical instrument/equipment instruction to the public.

   NATURAL CONDITION.  The condition that arises from, or is found in nature unmodified by human intervention.

   NATURAL DRAINAGE.  Drainage channels, routes, and ways formed over time in the surface topography of the earth prior to any modifications or improvements made by unnatural causes and/or human intervention.

   NATURE CENTER.  A building, place, or grouping of buildings with a visual center designed to educate people about nature and the environment. A nature center is typically located within a protected open space (i.e. conservancy), or state or town park designed to be used by the public with or without an admission charge. It may include, as an incidental use, the sale of goods to the public.

   NATURE RESERVE OR PRESERVE.  A place designated as an area of importance for flora, fauna, or features of geological or other special interest, which is reserved and managed in their current natural condition for conservation purposes and further provides special opportunities for study or research, or preservation for the future.  Nature reserves/preserves may be designated by government institutions, or by private landowners, such as charities and research institutions.  The phrase NATURE RESERVE/PRESERVE is intended to include WILDLIFE SANCTUARIES.

   NEWSPAPER OR MAGAZINE STAND.  An establishment that primarily offers for sale newspapers, magazines, and other periodicals.  For the purpose of administering and enforcing this chapter, the phrase newspaper or magazine stand does not include sexually oriented businesses.

   NIGHT CLUB.  A commercial establishment operated as a place of entertainment featuring live, recorded, or televised musical, comedy, or magic performances; dancing; and/or the serving of alcoholic beverages and/or food. For the purpose of administering and enforcing this chapter, the phrase night club does not include sexually oriented businesses.

   NOISE SENSITIVE ZONE.  The Act at I.C. 8-21-10-3 defines a noise sensitive zone as an area lying 1,500 feet on either side of the extended centerline of a runway for a distance on one nautical mile from the boundary of a public use airport which definition is incorporated herein and made a part of this chapter.

   NONCONFORMING LOT. A lot that does not comply with the regulations of the zoning district in which it is located.

   NONCONFORMING STRUCTURE.  A building or other structure that does not comply to the regulations of the zoning district in which it is located.

   NONCONFORMING USE.  A use of land that does not comply to the regulations of the zoning district in which it is located.  For parcels within the Airport Overlay District, a nonconforming use is any structure, tree, or use of land which is lawfully in existence at the time of this chapter or an amendment thereto becomes effective and which does not then meet the requirements of this chapter or amendment.

   NOVELTY, GIFT OR SOUVENIR STORE.  An establishment that primarily sells novelty items, gifts and/or souvenirs to the general public.  For the purpose of administering and enforcing this chapter, the phrase novelty, gift or souvenir store does not include sexually oriented businesses.

   NUISANCE.  An interference with the enjoyment and use of property as defined by the Nuisance Ordinances of the Town of McCordsville Code.

   NURSERY.  Any land used to grow fruits, vegetables, trees, shrubs, flowers, and other plants for sale. A nursery ay not include the distribution or sale of materials that are not raised on the premises.

   NURSING HOME.  A facility licensed by the State Board of Health, which provides nursing services amounting to 24-hour per day care on a continuing basis; admits the majority of the occupants upon the advice of physicians as ill or infirm persons requiring nursing services; provides for licensed physicians services or supervision; and maintains medical records. Such facilities may also provide other similar medical or health services, including physical therapy services with equipment uses in an on-going basis for patient rehabilitation provided that no occupant requires security restraint within the facility. This facility shall not contain equipment for surgical care or for treatment of disease or injury, and is not primarily designed for mental patients or alcoholics. Examples of nursing home facilities that provide health services typically include nursing homes, convalescent homes, maternity homes, rest homes, homes for the aged, and the like.

   OBJECTIONABLE ODOR.  Odors that are nauseating, noxious, or generally recognized as unpleasant.

   OCCUPANCY.  The use of any land or structure.

   OFFICE SUPPLY STORE. A large establishment that offers retail and wholesale office supplies including items such as paper, writing utensils, computer equipment, and office furniture.

   OFFICE USE.  Administrative, executive, professional, research, or similar organizations, and laboratories having only limited contact with the public, with no merchandise or merchandising services sold on the premises.

   OFFICE, PROFESSIONAL.  See PROFESSIONAL OFFICES.

   OFFICIAL ZONING MAP.  A map of McCordsville, Indiana that legally denotes the boundaries of zoning districts as they apply to the properties within the Advisory Plan Commission's jurisdiction.

   OFF-PREMISE SIGN.  Any sign or structure functioning to direct attention to an establishment or business that is not located on the same legal parcel as the advertising sign or structure.

   OFF-STREET PARKING.  The provision of parking spaces which are not located on any public right-of-way.

   OIL CHANGE SHOP. A facility that provides lubrication, checking, changing, and the addition of those fluids and filters needed for automobile maintenance. Generally such services are provided while the customer waits.

   OPEN SPACE.  An area of land not covered by structures or accessory uses except for those related to recreation. 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, and the like. Open space does not include street rights-of-way, platted lot area, private yards, patio areas, or land scheduled for future development.

   ORNAMENTAL SHRUB.  See SHRUB, ORNAMENTAL.

   ORNAMENTAL TREE.  See TREE, ORNAMENTAL.

   OUTDOOR STORAGE.  The keeping of items for sale, the products of manufacturing, materials used in production, vehicles, and other similar materials and/or equipment in an area outside of any building.

   OUTDOOR STORAGE, SEASONAL.  The outdoor storage of items for retail sale that are, by their nature, sold during a peak season, such as fruits and vegetables, Christmas trees, lawn accessories, and bedding plants.

   OUTLOT.  A lot platted as part of a larger development that is intended for the development of uses and structures which are complementary too but of a smaller scale than the primary use or structure in the development.

   OVERLAY ZONING DISTRICT.  A zoning district that extends across one or more other zoning districts which is intended to provide additional or alternate regulations for a specific critical feature or resource.

   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.

   OWNERS ASSOCIATION.  See LOT OWNERS ASSOCIATION.

   PACKAGING FACILITY.  A facility that packages supplies and products that are manufactured off site.

   PARAPET.  The portion of a wall which extends above the roof line.

   PARCEL. See LOT.

   PARK.  Any public or private land and related structures, including athletic facilities, shelter houses, and maintenance facilities that are designed to provide recreational, educational, cultural, or aesthetic use to the community.

   PARKING FACILITY.  A public or private area or parcel of land located outside of the public right-of-way and used for the storage of motor vehicles for limited periods of time. A parking facility includes all parking spaces, interior drives, and maneuvering areas, and may be an open parking lot or parking structure.

   PARKING LOT.  An open off-street area to be used for the storage of motor vehicles for limited periods of time. A parking lot includes all parking spaces, interior drives, and maneuvering areas. Outdoor areas at facilities where motor vehicles, including uninstalled mobile and manufactured homes, are sold that are intended for the storage of such vehicles are also considered a parking lot.

   PARKING SPACE.  A space within a public or private parking area for the storage of one motor vehicle.

   PARKING, OFF-STREET.  A storage space for an automobile located outside of a street right-of-way.

   PARKING, ON-STREET. A storage space for an automobile that is located within the right-of-way of a street.

   PARKING, SHARED.  A parking space or lot used jointly by two or more uses or structures.

   PATHWAY.  A designated route for travel by pedestrians, bicycles, and other non-motorized methods of personal transportation and recreation which is surfaced with crushed rock, concrete, or asphalt and separated from streets by distance or striping.

   PAVED SURFACE.  A durable surface for parking, driving, riding or similar activities that utilizes asphalt, Portland cement, concrete, brick, paving blocks, or other approved surfaces. Crushed gravel, street grindings, stone, rock, or dirt, sand or grass are not a paved surface.

   PAYDAY LOAN ESTABLISHMENT.  Any establishment where a short-term loan is offered with intent to cover a borrower's expenses until his or her next payday.

   PENAL INSTITUTION. Publicly or privately operated facilities housing persons awaiting trial or persons serving a sentence after being found guilty of a criminal offense.  The phrase PENAL INSTITUTION shall include the phrase CORRECTIONAL INSTITUTION.

   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.

   PERMIT AUTHORITY. The staff of the town and the applicable board of zoning appeals within the jurisdiction of the town.

   PERSON.  A person, corporation, firm, partnership, association, trust, organization, unit of government, or any other entity that acts as a unit, including all members of any group.

   PERSONAL SERVICES.  An establishment or place of business primarily engaged in the provision of frequent and recurrent services of a personal nature, such as a beauty or barber shop, shoe repair shop, or tanning salon.

   PET STORE.  A retail sales facility primarily involved in the sale of domestic animals, such as cats, dogs, fish, birds, and reptiles as well as domestic pet accessories. A pet shop does not include the retail sale of exotic or farm animals.

   PETITIONER. See APPLICANT.

   PETROLEUM PROCESSING AND STORAGE.  An establishment that processes and stores petroleum and its raw ingredients.

   PHARMACY.  A place where drugs and medicines are prepared and dispensed. Pharmacy also includes the incidental retail sale of medical accessories and convenience goods and services.

   PHILANTHROPIC INSTITUTION OR FACILITY.  A building, place, or grouping of buildings used to provide humanitarian or charitable assistance contributing to the greater good of society.  This facility may be utilized for office and administration purposes, community engagement, education, storage of goods, and other accessory uses.

   PHOTOGRAPHIC STUDIO.  A facility engaged in onsite photography, processing, and development, including limited retail sale, lease and service of photography equipment and supplies.

   PLACE OF WORSHIP.  See RELIGIOUS INSTITUTION OR OTHER PLACE OF WORSHIP.

   PLAN.  See COMPREHENSIVE PLAN.

   PLAN COMMISSION.  McCordsville Advisory Plan Commission.

   PLANNED UNIT DEVELOPMENT.  A large-scale unified development meeting the requirements of this chapter. Generally a planned unit development provides design flexibility (e.g. mixed use) for a parcel or parcels to be developed as a single entity which does not correspond in size of lots, layout, bulk or type of buildings, density, lot coverage, and required open space to the regulations established in any zoning district of this chapter.

   PLANNING JURISDICTION.  The area over which a city, town or county has planning authority as drawn by each community in compliance with I.C. 36-7-4 et al.

   PLANTING SEASON.  The spring and fall time periods during which new plant material which is installed is most likely to survive the planting process. Generally these periods are from April 15 to June 15 in the spring and from October 15 to November 15 in the fall.

   PLAT.  A map or chart that shows a division of land.

   PLAT, PRIMARY. The primary plat, pursuant to I.C. 36-7-4-700 series, is the plat and plans upon which the primary approval of a proposed subdivision is based.

   PLAT, SECONDARY. The secondary plat, pursuant to I.C. 36-7-4-700 series, is the plat document of a subdivision meeting all of the requirements of the town prepared in a recordable form.

   PLAYGROUND.  A recreational area for use primarily by children.

   PORCH.  A covered, but otherwise unenclosed structure projecting out from the wall or walls of a main structure.

   POST OFFICE.  A facility operated by the United States Postal Service that houses service windows for mailing packages and letters, post office boxes, offices, and which also sorts and distributes the mail.  A post office may include on-site storage of delivery vehicles.

   POWER GENERATION FACILITY.  A facility that produces usable electricity by harnessing any array of resources including fossil fuels, water, wind, and solar sources.

   PRACTICAL DIFFICULTY.  A difficulty with regard to one's ability to improve land stemming from regulations of this chapter. A practical difficulty is not a "hardship," rather it is a situation where the owner could comply with the regulations within the Zoning Ordinance, 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.

   PRIMARY PLAT.  See PLAT, PRIMARY.

   PRIMARY 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. For agricultural uses, the primary structure may be a barn or other agricultural structure.

   PRIMARY USE. See USE, PRIMARY.

   PRINT SHOP OR COPY CENTER, COMMERCIAL OR INDUSTRIAL.  A facility specializing in commercial or industrial scale reproduction of written or graphic materials on a custom order or contract basis. Typical processes include, but are not limited to: large scale plotting, photocopying, blueprint, and facsimile sending and receiving, offset printing, logo-printing, stationary and calendar production and other similar activities.

   PRINT SHOP OR COPY CENTER, RETAIL. A facility for the custom reproduction of written or graphic materials on a custom order basis for individuals or businesses. Typical processes include, but are not limited to: large scale plotting, photocopying, and facsimile.

   PRINTING/PUBLISHING FACILITY.  A large scale facility that specializes in the printing and publication of books, magazines, or newspapers for the purposes of sale or distribution.  This use may require storage and or distribution facilities for goods and vehicles.

   PRIVATE CLUB.  A facility or property owned or operated by a corporation, association, person or persons for a social, educational, or recreational purpose and for which membership is required for participation.

   PRIVATE RECREATIONAL FACILITY.  A recreational facility for use by residents and guests of a particular residential development, church, private primary or secondary educational facility, or limited residential neighborhood, including both indoor and outdoor facilities and privately-owned golf courses open to the public.

   PRIVATE STREET.  See STREET, PRIVATE.

   PROCESSING PLANT.  A building or an enclosed space used for the collection and processing of material. PROCESSING means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.

   PROFESSIONAL OFFICE.  A building or establishment for the provision of professional services. Professional services are typically provided by, but are not limited to: doctors, lawyers, architects, financial advisors, stockbrokers, and engineers.

   PROHIBITED TREES.  See TREES, PROHIBITED.

   PROPERTY OWNER.  The person(s) identified as the property owner on the most recent list prepared and maintained by the Hancock County Auditor's Office. See also OWNER.

   PUBLIC ART. Any visual work of art that is accessible to public view and located on public or private property.

   PUBLIC HEARING.  A formal meeting, announced and advertised in advance consistent with the requirements of this chapter, which is open to the public, and at which members of the public have an opportunity to participate.

   PUBLIC IMPROVEMENT.  Any improvement, facility, or service which provides transportation, drainage, public utilities, or similar essential services which are typically or specifically required to be provided by a unit of government.

   PUBLIC STREET.  See STREET, PUBLIC.

   PUBLIC UTILITY STRUCTURE.  Electric and telephone substations and distribution centers, filtration plants, pumping stations and water reservoirs; public or package sewer treatment plants, telephone exchanges; radio and television transmitting or relay stations; antenna towers and other similar public utility service structures.

   PUBLISHING FACILITY.  Any facility that prints and/or assembles publications including books, magazines, and newspapers for the purposes of sale and/or distribution.

   QUARRY.  A lot or any part of a lot used for the extracting of stone, sand, gravel, or any other material to be processed for commercial purposes.

   RACETRACK.  Any measured venue for the sport of racing where animals or machines are entered in competition against one another or against time. A racetrack may or may not have areas for spectators. Racetrack includes, but is not limited to, oval track racing, drag racing, motorcross, tractor pulling, go-cart racing, remote control airplane flying, and similar uses.

   RADIO OR TV STATION.  A facility primarily engaged in the production and broadcasting of television or radio programs.  The size of this facility varies based on scale of operation.  Broadcasting and transmission facilities are subject to municipal and FCC codes.

   REAR YARD. See YARD, REAR.

   RECORD. The written documentation of the actions and expressions of a public body, such as the Advisory Plan Commission or Board of Zoning Appeals.

   RECORD SHOP (CD SHOP).  An establishment that primarily deals with new and used audio recordings in an array of media formats. Some shops also include the sales of new and used video recordings as well.

   RECREATION.  The refreshment of body and mind through forms of play, amusement, or relaxation. The recreational experience may be active, such as boating or swimming, or individual or team sports, or may be passive, such as enjoying the natural beauty of the shoreline or its wildlife.

   RECREATION FACILITY, INDOOR.  A public or private indoor facility designed to provide opportunities for recreation.  The term INDOOR RECREATION FACILITY typically includes structures for active and passive recreation similar to but separate from fitness centers and community centers.  Indoor recreational facilities typically include indoor tracks, indoor soccer facilities, paint-ball facilities, and facilities that house similar activities.  This facility may include an accessory recreational area, provided as part of a development that is owned and maintained by the owners' association or property owner primarily for the use of the residents or employees of the development, and which may also be made accessible for use by the general public through associate membership subscription or user fees.

   RECREATION FACILITY, OUTDOOR.  A public or private outdoor facility designed to provide opportunities for recreation. The term includes active and passive recreational structures such as: swimming pools, skating rinks, tennis courts, basketball courts, pavilions, picnic areas, and the like. This facility may include an accessory recreational area, provided as part of a development that is owned and maintained by the owners' association or property owner primarily for the use of the residents or employees of the development, and which may also be made accessible for use by the general public through associate membership subscription or user fees.

   RECREATIONAL USE, LARGE SCALE.  Recreational uses that tend to serve a regional area and include establishments such as riding stables, seasonal hunting and fishing facilities, and outdoor shooting ranges.

   RECREATIONAL USE, MEDIUM SCALE. Recreational uses that tend to serve a community-wide area and include establishments such as bowling alleys, theaters, assembly halls, miniature golf courses, indoor shooting ranges, swimming pools, and skating rinks.

   RECREATIONAL USE, SMALL SCALE.  Recreational uses that tend to serve a local area and include establishments such as billiard rooms, arcades, nightclubs, brewpubs, and bars.

   RECREATIONAL VEHICLE.  Any building, structure, or vehicle designed and/or used for seasonal living or sleeping and/or recreational purposes and equipped with wheels to facilitate movement from place to place (either under its own power or towed by another vehicle). Recreational vehicles are built on a single chassis and measure 400 square feet or less, including the largest horizontal projections. Recreational vehicles include automobiles when used for living or sleeping purposes, pick-up truck coaches, motorized homes, boats, jet skis, wave runners and other aquatic vehicles, travel trailers, snow mobiles, and camping trailers not meeting the definition of a manufactured or mobile home.

   RECREATIONAL VEHICLE PARK.  Any site, lot, field, or tract designed with facilities for the temporary use of recreational vehicles.

   RECREATIONAL VEHICLE SALES OR SERVICE. Any principal use of a premise for one or more of the following purposes: (a) sale or lease of new recreational vehicles; (b) purchase and sale of second hand recreational vehicles; (c) buying of second hand recreational vehicles for the purpose of remodeling, taking apart or rebuilding or selling the same, or the buying selling of parts of second hand recreational vehicles or tires, or the assembling of second hand recreational vehicles parts; or (d) repair and servicing of recreational vehicles provided said repair and servicing is conducted as an incidental service.

   RECREATIONAL VEHICLE STORAGE, OUTDOOR.  A secure outdoor facility for the storage of recreational vehicles.

   REFUSE DUMP.  A facility designated to receive and hold municipal solid waste and other waste matters. Waste at a refuse dump is not compacted or covered as it is in a sanitary landfill.

   REGISTERED ARCHITECT.  An architect properly licensed and registered or through reciprocity permitted to practice in the State of Indiana.

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

   REGISTERED LANDSCAPE ARCHITECT.  A landscape architect properly licensed and registered or through reciprocity permitted to practice in the State of Indiana.

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

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

   RELIGIOUS, PLACE OF WORSHIP.  The use of a building or property, or some combination thereof, by a non-profit group for the purpose of religious worship together with all incidental uses commonly associated with such a facility, such as a day-care center or school. The phrase RELIGIOUS PLACE OF WORSHIP includes synagogue, temple, mosque or any other like facility used for worship and religious activities.

   REPAIR SERVICES.  Establishments that provide repair services to individuals and households, rather than businesses, not including automotive and equipment repair. Typically such services include the repair of appliances, watches, jewelry, and musical instruments.

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

   RESEARCH AND DEVELOPMENT FACILITY.  A facility primarily engaged in the development and acquisition of information, specialized technology or to introduce ideas into the business in order to improve competitiveness and profitability.  For the purpose of administering and enforcing this chapter, the phrase RESEARCH AND DEVELOPMENT FACILITY shall include LABORATORIES.

   RESIDENCE.  See DWELLING.

   RESIDENTIAL DISTRICT.  An area used primarily for dwellings.

   RESIDENTIAL TREATMENT CENTER.  Any facility licensed by the Indiana Department of Health, public or private, which regularly provides one or more people with 24-hour a day substitute care, food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the person's own home.

   RESIDENTIAL/INSTITUTIONAL FACILITY FOR THE DEVELOPMENTALLY DISABLED OR MENTALLY ILL.  A residential facility which provides residential services for mentally ill individuals, as defined by I.C. 12-28-4-7, as amended from time to time.

   RESTAURANT.  A structure in which the principal use is the preparation and sale of food and beverages.

   RESTAURANT, DRIVE-IN.  A facility and its adjacent parking area wherein the primary function is to offer for sale food to the public by order from and service to passengers in vehicles parked outside of the structure. Drive-in restaurants may also provide seating within the restaurant.

   RESTAURANT, EAT-IN.  A commercial establishment where food and beverages are prepared, served, and consumed primarily within the principal building and where food sales typically constitute more than 50% of the gross sales receipts.

   RESTAURANT, FAST FOOD.  A commercial establishment where customers order and are served their food at a counter or in a motor vehicle in packages prepared to leave the premises, or which are able to be taken to a table or counter to be consumed.

   RETAIL USES.  Commercial enterprises that provide goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the business.

   RETAIL USES, LARGE SCALE.  Retail uses that serve a regional area and include establishments such as supermarkets, shopping malls, and department stores. Such uses are typically 60,000 square feet in gross floor area and greater.

   RETAIL USES, MEDIUM SCALE.  Retail uses that serve a community-wide area and include establishments such as craft stores, sporting goods stores, pharmacies, antique shops, meat markets, and repair services. Such uses shall be less than 60,000 square feet in gross floor area.

   RETAIL USES, SMALL SCALE.  Retail uses that tend to serve a local area and include establishments such as video stores, delicatessens, bakeries, gift shops, and ice cream shops. Such uses shall be less than 10,000 square feet in gross floor area.

   RETIREMENT FACILITY.  A residential structure containing multi-family dwelling units designed for and occupied by senior citizens. Such facilities may include common gathering and dining facilities, but typically do not include nursing or medical care.

   RETREAT CENTER.  A facility used for professional, educational, or religious meetings, conferences, or seminars which provides meals, housing, and recreation for participants during the period of the retreat or program.

   REVERSE GABLE.  Roof sections that extend in the opposite direction from the normal gable construction.  These are usually miniature additions that allow homeowners to include windows and peaks in an otherwise flat roof slope.  A reverse gable roof reverses the direction of the gable, versus the gable structure itself, making the roof a secondary construction attached to the main roof of the house.

   REZONING.  An amendment to the Official Zoning Map which has the affecting of removing property from one zoning district and placing it in a different zoning district.

   RIDING STABLE.  An establishment that shelters and offers upkeep to horses for use by patrons and private owners. Stables generally include grazing pastures and land designated for horseback riding.

   RIGHT-OF-WAY.  Property occupied or intended to be occupied by a street, trail, utility transmission line, or other public utility or facility.

   RIGHT-OF-WAY LINE.  The limit of publicly owned land encompassing a public facility, such as a street or an alley as measured in the Thoroughfare Plan.

   ROAD.  See STREET.

   R-O-W.  See RIGHT-OF-WAY.

   RUNWAY.  The surface of an airport used for landing and take-off of aircraft.

   RUNWAY, NON-PRECISION INSTRUMENT.  A runway that has an electronic approach guidance system utilizing navigational aids that provide horizontal course alignment guidance and position location, but not electronic descent guidance which authorizes aircraft to execute non-precision approaches with visibility minimums down to and including 3/4 mile.

   RUNWAY, PRECISION INSTRUMENT.  A runway that has an electronic approach system utilizing navigational aids that provide electronic descent guidance in addition to the course alignment guidance of a non-precision instrument runway which authorizes aircraft to execute precision approaches with visibility minimums of 3/4 mile or less.

   RUNWAY, VISUAL.  A runway that is used only under Visual Flight Rules (VFR) and/or for circle to land instrument flight procedures.

   SALES, INCIDENTAL.  Sales that are related and subordinate to the primary service or retail activities of a commercial use.

   SALES, TEMPORARY SEASONAL.  Facilities that are indoor or outdoor and operate on a temporary basis for the sale of seasonal fruits and vegetables, fireworks, Christmas trees, and/or other holiday, event, or season related products.

   SANITARY LANDFILL.  The designated area where non-hazardous and non-medical farm, residential, institutional, commercial, or industrial waste is buried.

   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, COMMERCIAL (TRADE OR BUSINESS).  A specialized instructional establishment that provides on-site training of business, commercial, and/or trade skills such as technology, cosmetology, accounting, data processing, and computer programming and repair. The terms COMMERCIAL, TRADE OR BUSINESS SCHOOLS are intended to include VOCATIONAL SCHOOLS and CAREER CENTERS.

   SCHOOL, NURSERY. A school for children between the ages of three and five years of age, staffed by qualified teachers and other professionals who encourage and supervise educational play rather than simply providing childcare.

   SCHOOL, PRE-K THROUGH 12.  A public, private, or parochial institution which offers instruction in any of the branches of learning and study comparable to that taught in the public schools under the State of Indiana school laws and/or regulations, including pre-school, kindergarten, elementary school, and junior and senior high schools.

   SCHOOL, UNIVERSITY OR COLLEGE.  An institution, public or private, for post-secondary education offering courses in general, technical, or religious education. This use typically operates in buildings owned or leased by the institution for administrative and faculty offices, student and faculty housing, classrooms, laboratories, chapels, auditoriums, lecture halls, libraries, student and faculty centers, community rooms and facilities, athletic facilities, fraternities, or sororities. A university may include for-profit businesses and facilities that are incidental to the educational, cultural, and athletic functions and which lease space from the institution.

   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 the 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, dumps, or automobile graveyards.

   SEASONAL HUNTING/FISHING FACILITY.  A designated outdoor area that allows for the hunting and fishing of certain species during their appropriate gaming seasons.

   SEED SALES, DISTRIBUTION, AND STORAGE.  An establishment that sells, stores, and distributes agricultural seed for farm planting. Such establishments primarily sell in bulk for commercial farm purposes.

   SELF SERVICE LAUNDRY.  A business with vending machine type washing, drying, dry-cleaning, and ironing equipment for use by customers on site.

   SELF STORAGE OR MINI-WAREHOUSE, COMMERCIAL.  Facilities that rent spaces or units within a permanent building, for the temporary or long-term storage of personal items. These businesses generally have lease agreements with customers and have hours of operation during which customers may access their stored items.

   SERVICES, PERSONAL AND PROFESSIONAL.  See PROFESSIONAL SERVICES.

   SETBACK.  The horizontal distance between a structure and a lot line or right-of-way line.

   SEWAGE TREATMENT PLANT.  Any facility designed for the treatment of sewage that serves an entire community, region, or specific geographic area.

   SEXUALLY ORIENTED BUSINESS.  Any commercial activity whether conducted intermittently or continuously, which primarily involves the sale, display, exhibition, or viewing of books, magazines, films, photographs, or other materials, distinguished or characterized by an emphasis on matter depicting, describing, or relating to human sex acts, or by an emphasis on male or female genitals, buttocks, or female breasts.  Sexually oriented businesses typically include, but are not limited to the following:

      (1)   ADULT BOOKSTORE.  Any establishment having as a preponderance of its stock in trade or its dollar volume in trade any merchandise for sale, trade or lease which are distinguished or characterized by their emphasis on adult matter;

      (2)   ADULT CABARET.  A nightclub, bar, theater, restaurant or similar establishment which frequently features live performances by topless or bottomless dancers, strippers, or similar entertainers, whether professional or amateur, where such performances are distinguished or characterized by an emphasis on, or by exposure of, adult matter;

      (3)   ADULT LIVE ENTERTAINMENT ARCADE.  Any building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee to view from an enclosed or screened area or booth a series of live dance routines, strip performances or other gyrational choreography and where performances are distinguished or characterized by an emphasis on, or by exposure of, adult matter;

      (4)   ADULT MOTEL.  Any motel or similar establishment offering public accommodations for any form of consideration which provides patrons, upon request, with closed-circuit television transmissions, films, motion pictures, video cassettes, DVD's, digital or physical slides or other photographic, reproduction which are distinguished or characterized by an emphasis upon the depiction or description of adult matter;

      (5)   ADULT MOTION PICTURE THEATER.  Any establishment, to which the public is permitted or invited, used for presenting films, motion pictures, video cassettes, DVD's, digital or physical slides or similar photographic reproductions in which a preponderance of the total presentation time is devoted to showing of materials which are distinguished or characterized by an emphasis on adult matter; or

      (6)    ADULT SERVICE ESTABLISHMENT.  Any building, structure, premises or other facility, or any part thereof, under common ownership or control which provides a preponderance of services involving adult matter.

   SHADE TREE.  See TREE, SHADE.

   SHIPPING SERVICE, RETAIL.  A commercial establishment whereby items can be shipped via various carriers on a custom order basis for individuals or businesses.

   SHOE REPAIR SHOP.  An establishment that primarily repairs shoes, with incidental sales of shoe related items.

   SHOOTING RANGE.  Any establishment at which firearms are discharged for the purpose of recreation and entertainment.

   SHOOTING RANGE (INDOOR). A shooting range at which all shooting areas and targets are completely enclosed in a structure.

   SHOOTING RANGE (OUTDOOR).  A shooting range at which any portion of the shooting areas or targets are located outside of a completely enclosed structure.

   SHOPPING MALL. A shopping center where numerous stores front on a pedestrian way that may be enclosed or open.

   SHRUB, ORNAMENTAL.  A shrub planted primarily for its ornamental and screening value, not to be confused with a perennial.

   SIDE LOT LINE.  A lot boundary line other than a front or rear lot line, typically those which are perpendicular to, and intersect with the front and rear lot lines.

   SIDE YARD. See YARD, SIDE.

   SIGHT VISIBILITY TRIANGLE.  Triangular shaped areas on each corner of an intersection that are looked through by drivers approaching or departing an intersection to view oncoming traffic on crossing streets and roadways.

   SIGN.  Any name, identification, description, device, display, or illustration which is affixed to, painted, or represented directly or indirectly upon a building, structure, or piece of land which directs attention to an object, product, place, activity, person, institution, organization, or business. A sign includes the face area which conveys a message, any equipment or sign device, and any related mechanical, electrical, and structural supports and features, such as poles and lighting. In no instance shall this chapter be interpreted as considering any flag as a sign.

   SIGN PERMIT. A permit issued by the Administrative Officer on behalf of the Advisory Plan Commission that must be obtained before temporary and permanent signs are erected.

   SIGN SETBACK.  The distance between any property line or right-of-way and the nearest portion of any sign at or above grade level.

   SIGN, ABANDONED. A sign face or sign area is considered abandoned when the use to which it relates is no longer in existence or operational for a period of at least 30 days. Additionally, a sign structure, including all poles, frames, supports, and other structural, electrical, mechanical, and other elements shall be considered abandoned if the property on which it is located is vacant and/or unused for a period of six months or longer.

   SIGN, A-FRAME. A temporary sign that is constructed of wood or other similar rigid material and is designed to be displayed outside only between the hours of 7:00 a.m. and 6:00 p.m (EST) or 7:00 a.m. and 8:00 p.m. (EDT). A-FRAME SIGNS have an “A” shaped frame and may feature a sign on one or both sides.

   SIGN, ANIMATED.  A sign with action, motion, or changing colors or lights, any of which imitates movement. A flashing sign shall be considered to be an ANIMATED SIGN.

   SIGN, AREA.  The entire face of a sign including the message surface and any framing or trim, but excluding any poles or other supports. SIGN AREA is measured as the maximum vertical dimension of the face area multiplied by the maximum horizontal dimension of the face area, each at its largest point.

   SIGN, AWNING. A sign incorporated into, or attached to an awning.

   SIGN, BANNER.  A sign with a message applied to cloth, paper, fabric, or flexible plastic, with any such non-rigid material for background.

   SIGN, BILLBOARD.  See SIGN, OFF-PREMISE.

   SIGN, CHANGEABLE COPY.  A sign or portion thereof which has a reader board for the display of text information in which each alphanumeric character, graphic or symbol is defined by objects which may be changed or rearranged manually or mechanically with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign.  CHANGEABLE COPY SIGNS display a static message rather than a message that imitates movement.

   SIGN, DIRECTIONAL.  Any on-premises sign that includes information assisting in the flow of pedestrian or vehicular traffic, such as "enter", "exit", and "one-way".

   SIGN, DOUBLE-FACED.  A sign designed and/or used to display a message on the outer surface of two identical and opposite parallel planes.

   SIGN, ELECTRONIC MESSAGE BOARD. A sign or portion thereof that displays electronic information in which each alphanumeric character, graphic or symbol is defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs) or fiber optics, light bulbs, or other illumination devices within the display area itself.  ELECTRONIC MESSAGE BOARD SIGNS typically include computer programmable, microprocessor controlled electronic displays.  For the purposes of administering and enforcing this chapter, the phrase ELECTRONIC MESSAGE BOARD shall also include projected images or messages onto a building or other object.

   SIGN, ENTRY FEATURE.  A permanent on-premise sign identifying an entrance to a residential subdivision, apartment complex, or manufactured home park.

   SIGN, FACE.  The area or display surface used for the message.

   SIGN, FREE-STANDING.  A sign supported completely by a frame, pole, or foundation and which is independent from all other structures on the property.

   SIGN, FUEL STATION LED PRICING SIGN COMPONENT. An LED sign with a black background consisting of one, two or three colors which illuminate only the price of up to three products. In no instance shall the price flash, scroll, twirl, change color, fade in or out, or be anything other than static display of price. The only changes shall be change in price. Such signs are only permitted at fuel stations. FUEL STATION LED PRICING SIGN COMPONENTS are not considered electronic message boards.

   SIGN, FUEL STATION PUMP. A type of wall sign affixed for fueling pump dispensers.

   SIGN, GROUND.  A sign supported by one or more uprights, posts, or bases placed upon or affixed in the ground and not attached to any part of a building. It includes freestanding signs and monument signs.

   SIGN, HEIGHT. The highest point measured from adjacent street grade level to the highest point of the sign, including any structure, frame, light fixture, or other element of the sign.

   SIGN, ILLUMINATED.  A sign lighted by or exposed to artificial lighting either by internal or external illumination.

   SIGN, INFLATABLE. Any flexible or expandable sign or portion thereof which is filled with air, helium, or other gas and appears to float, rise, move, and the like. This shall include, but not be limited to, balloons.

   SIGN, MONUMENT.  A sign that is permanently affixed to the ground at its base, supported entirely by a base structure, and not mounted on a pole. This sign could be displayed on a decorative feature of brick, wood or other material, which is intended to serve as an entry feature or focal point.

   SIGN, MURAL.  A sign painted onto the side of a building, wall, ground, or structure.

   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 other outdoor advertising and directional signs located on private property.

   SIGN, OPINION.  A sign which does not advertise a product, good, business, or service and which expresses an opinion or point of view, such as a student achievement announcement, a political, religious, or other sentiment, or support or opposition to a candidate or proposition for a public election.

   SIGN, POLE.  A free-standing sign, usually double-faced, mounted on a round pole, square tube or other fabricated member without any type of secondary support; a free-standing sign with a visible support structure.

   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; and balloons used as signs.

   SIGN, POSTER.  Any sign made of cardboard, metal, plastic or other semi-rigid material which is attached to outdoor products, structures, or other features, or anchored into the ground with the use of stakes.

   SIGN, PROJECTING.  A sign attached to and projecting out from a building face or wall, generally at right angles to the building.

   SIGN, PYLON.  A free-standing sign, other than a pole or ground mounted sign, which is secured permanently to the ground by one or more supports.  A pylon sign differs from a pole sign in that the support structure (i.e. pole or poles) of a pylon sign is not visible.

   SIGN, REAL ESTATE.  A temporary sign that relates to the sale, lease or rental of property or structures, or to construction activity on a site.

   SIGN, SANDWICH BOARD.  A free-standing sign located at grade level constructed in such a manner as to form an "A" by separating to opposite and parallel sign faces by supporting structural members.

   SIGN, SEARCHLIGHT.  A searchlight used to attract attention to a property, use, or structure consistent with the definition of a sign. A SEARCHLIGHT is a type of animated sign.

   SIGN, SUPPLEMENTARY WALL. A temporary, exempt wall sign permitted for a limited amount of time in a calendar year.

   SIGN, TEMPORARY.  A sign not fixed to a permanent foundation and displayed for a fixed period of time, for the purpose of conveying information, knowledge, or ideas to the public.

   SIGN, TEMPORARY GROUND. A temporary sign constructed of wood, composite wood, or other similar rigid materials.

   SIGN, TEMPORARY WALL. A temporary sign permitted that is attached to a primary structure.

   SIGN, TIME AND TEMPERATURE SIGN COMPONENT. An LED sign with a black background consisting of one color which illuminates only the current time and temperature. In no instance shall the time and temperature flash, scroll, twirl, change color, fade in or out, or be anything other than static display of time and temperature. The only changes shall be change in time and temperature. TIME AND TEMPERATURE SIGN COMPONENTS are not considered electronic message boards.

   SIGN, UNIFIED DEVELOPMENT.  A single sign structure with one or more sign faces indicating the presence of multiple tenants on a property being constructed or managed as a single development.  Such developments include, but are not limited to: shopping centers, office parks, and industrial parks.

   SIGN, VEHICLE.  A sign that is attached to or painted on a parked vehicle for the purpose of drawing attention to the product, business, or property which is indicated on the sign.

   SIGN, WALL.  A sign attached to or painted on the exterior wall of a structure.

   SIGN, WINDOW.  A sign affixed to a window or placed immediately behind a window pane so as to attract the attention of persons outside of the structure.

   SIGN, YARD. A temporary, exempt ground sign permitted for a limited amount of time in a calendar year.

   SIGNABLE AREA.  A two-dimensional area that describes the largest square, rectangle, or parallelogram on the facade of a building which is free of architectural details.

   SITE DEVELOPMENT 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 for approval prior to the release of improvement location permits on the site consistent with the requirements of the I.C. 36-7-4-1400 series.

   SITE IMPROVEMENT.  The erection, construction, placement, repair, alteration, conversion, removal, demolition, maintenance, moving, razing, or remodeling of any new or existing structure or any part thereof and any activity for which an improvement location permit is required.

   SKATING RINK.  An establishment that provides facilities for patron skating.

   SMALL CELL FACILITY. A personal wireless service facility as defined by the Act or a wireless service facility that satisfies the following requirements:

      (1)   Each antenna, including exposed elements, has a volume of three cubic feet or less;

      (2)   All antennas, including exposed elements, have a total volume of six cubic feet or less; and

      (3)   The primary equipment enclosure located with the facility has a volume of 40 cubic feet or less.

   SMALL CELL FACILITY CONSTRUCTION PLAN. A written plan for construction, provided by a qualified and licensed professional engineer that demonstrates the aesthetics of the wireless support structure is substantially similar to the town’s street lights; includes the total height and width of the wireless facility and wireless support structure, including cross section and elevation, footing, foundation, and wind speed details; a structural analysis indicating capacity for future and existing antennas, including a geotechnical report and calculations for the foundations capacity; the identity and qualifications of each person directly responsible for the design and construction; and documentation that shows the proposed locations of the wireless facility and wireless support structure and all easements and existing structures within 200 feet of such wireless facility or wireless support structure.

   SMALL CELL NETWORK. A collection of interrelated small cell facilities designed to deliver wireless service.

   SORORITY, EDUCATIONAL.  A club or social activity officially associated with and recognized and supervised by an institution for higher education whose membership is limited exclusively to students of the institution.

   SORORITY, SOCIAL.  A private club of individuals organized around a civic, social, or intellectual goal or pursuit. See also PRIVATE CLUB.

   SPECIAL EXCEPTION.  A use that would not be appropriate generally or without restrictions throughout the zoning district, but if controlled as to number, area, location, or relation to the neighborhood, would promote public health, safety, and general welfare.

   SPECIAL EXCEPTION, USE.  See USE, SPECIAL EXCEPTION.

   SPECIAL FLOOD HAZARD AREA (SFHA).  Those lands within the jurisdiction of the Town of McCordsville that are subject to inundation by the regulatory flood. The SFHAs of the town are identified on the Flood Insurance Rate Map of Hancock County prepared by the Federal Emergency Management Agency.

   SPORTING GOODS SHOP. An establishment that primarily sells sporting equipment, sporting apparel, and related items.

   SPOT ZONING.  The zoning of a typically small area of land controlled by a single or limited number of property owners that results in the property involved being granted permitted uses and/or development standards that are inconsistent with those provided to, or planned for, similar surrounding properties.

   SPOTLIGHT.  A fixture designed to direct a narrow intense beam of light on a desired area.

   STATE.  The State of Indiana.

   STATIONARY SHOP.  An establishment that primarily sells stationary, paper, cards, writing utensils, and various related items.

   STOCKADE FENCE.  A wooden fence made of half round posts with pointed tops.

   STONE. Natural stones such as granite, limestone, marble, sandstone, slate, and travertine. Other stone products may be considered by the Architectural Review Committee; however, concrete masonry units (CMU) shall not be considered as stone.

   STOP-WORK ORDER. A written document issued by an enforcement official which requires the cessation of an activity.

   STORAGE, OUTDOOR.  See OUTDOOR STORAGE.

   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 above it.

   STREAM BANK.  The usual boundaries, not the flood boundaries, of a stream channel.

   STREET.  A partially or fully improved public thoroughfare, including a road, highway, drive, lane, avenue, place, boulevard, and any other thoroughfare that affords vehicular access to abutting property.

   STREET FRONTAGE.  The distance along which a property line of a lot abuts the right-of-way of an adjacent street.

   STREET INTERSECTING.  Any street that joins another street at an angle, whether or not it crosses the other street.

   STREET INTERSECTION.  The point of crossing or meeting of two or more streets.

   STREET ORIENTATION.  The direction of the architectural front façade of a building in relation to the street.

   STREET VISTA.  A view framed by buildings at the termination of the axis of a thoroughfare.

   STREET, ARTERIAL.  A street which serves the major traffic movements within a community, such as between the central business district and the outlying commercial and residential areas, as well as a majority of the vehicular traffic entering and leaving the town to travel to and from adjacent communities. The town's arterial streets are identified on the Thoroughfare Plan within the McCordsville Comprehensive Plan.

   STREET, COLLECTOR.  A street designed and used to carry moderate volumes of traffic from local streets to arterial streets. The town's collector streets are identified on the Thoroughfare Plan within the McCordsville Comprehensive Plan.

   STREET, CUL-DE-SAC.  A street with a single common ingress and egress and with a turn-around at the end.

   STREET, LOCAL.  A street designed to provide vehicular access between individual properties and the collector and arterial street system. The town's local streets are identified on the Thoroughfare Plan within the McCordsville Comprehensive Plan.

   STREET, NON-RESIDENTIAL.  Any street where the primary land use of the lots which the street provides access to, as well as the lots on either side of the street is not residential.

   STREET, PRIVATE.  Any street which is privately owned and maintained that is used to provide vehicular access to more than one property or dwelling unit.

   STREET, PUBLIC.  A street constructed and maintained by a unit of government within an officially deeded and accepted public right-of-way.

   STREET, RESIDENTIAL.  Any street where the primary land use of the lots which the street provides access to, as well as the lots on either side of the street is residential.

   STRUCTURAL ALTERATIONS.  Any change in the supporting members of a building or structure such as bearing walls, partitions, columns, beams or girders, or any substantial change in the footprint or increasing size of living space. Also, substantial roofing and siding work when repairs are made to the structure beneath.

   STRUCTURE.  Any building or other object that is constructed or erected that requires location on or under the ground or is attached to something on the ground.  For parcels located within the airport overlay district as structure is also an object constructed or installed by man, including, but without limitation thereof buildings, towers, smokestacks, and overhead transmission lines.

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

   STUDIO, ART/ARTIST.  An establishment for the conducting of one or more of the following activities: painting, sculpturing, jewelry making, weaving or other similar function defined as a fine art. For the purpose of this chapter, the phrase art/artist studio does not include tattoo or piercing parlors, or sexually oriented businesses.

   STUDIO, PERFORMING ARTS. A facility for performing arts education and productions such as dance, aerobics, and pilates. For the purpose of this chapter, the phrase performing arts studio does not include tattoo or piercing parlors, or sexually oriented businesses.

   SUBDIVIDER.  Any person or other entity which initiates proceedings to create a subdivision. See also DEVELOPER.

   SUBDIVISION.  The division of any lot, tract or parcel of land into two or more lots, parcels, sites or other divisions for the purpose, whether immediate or future, of sale, transfer, gift, or lease which results in one or more new building sites.

   SUB-LOTS.  Portions of a lot of record created in connection with the transfer of ownership of individual dwelling units in a two-family or multi-family dwelling.

   SUBSTANTIAL IMPROVEMENT.  For the purpose of flood hazard area standards, substantial improvement means 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. This term does not include improvements to 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 structure's continued designation as an historic structure.

   SUBSTANTIAL MODIFICATION OF A WIRELESS SUPPORT STRUCTURE. The mounting of a wireless facility on a wireless support structure in a manner that:

      (1)   Increases the height of the wireless support structure by a greater of:

         (a)   Ten percent of the original height of the wireless support structure; or

         (b)   Twenty feet;

      (2)   Adds an appurtenance to the wireless support structure that protrudes horizontally from the wireless support structure more than the greater of:

         (a)   Twenty feet; or

         (b)   The width of the wireless support structure at the location of the appurtenance; or

      (3)   Increases the square footage of the equipment compound in which the wireless facility is located by more than 2,500 square feet. The term substantial modification does not include the following:

         (a)   Increasing the height of a wireless support structure to avoid interfering with an existing antenna;

         (b)   Increasing the diameter or area of a wireless support structure to:

            1.   Shelter an antenna from inclement weather; or

            2.   Connect an antenna to the wireless support structure by cable.

   SUPERMARKET.  See GROCERY STORE.

   SUPPLY YARDS.  A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods. Supply yards do not include the wrecking, salvaging, dismantiling or storage of automobiles and similar vehicles.

   SURETY.  An amount of money or other negotiable instrument provided by a developer to the town which guarantees that they will perform all actions required by the town regarding an approved site development plan, plat, or other improvement, which provides that if the developer fails to comply with the requirements of approval, funds will be provided for the town to complete those requirements.

   SWIMMING POOL.  Any structure located either at, above, or below grade which is designed and/or used to hold water which exceeds two feet in depth at any point for the purpose of recreation and entertainment of adults and children.

   TAILOR SHOP.  An establishment that alters and repairs clothing for patrons.

   TANNING SALON.  Any business which provides a service using artificial lighting systems or spray booths to produce a tan on a person's body. The phrase tanning salon may include the incidental sale of tanning products.

   TATTOO AND/OR PIERCING PARLOR.  A business providing tattooing and/or piercing services by licensed professionals under Indiana state law.

   TAVERN.  See BAR.

   TELECOMMUNICATIONS.  The transmission of information between or among geographic points without change in the form or content of the information as sent or received.

   TELECOMMUNICATIONS ANTENNA.  Any structure or device, including all appurtenances, used for the purpose of collecting or radiating electromagnetic waves, including those used to transmit cellular telephone service, data, radio and television signals, and any other information.

   TELECOMMUNICATIONS TOWER.  A mast, pole, monopole, guyed, or freestanding framework, or other vertical structure that acts as an antenna or to which an antenna is affixed or attached.

   TEMPORARY SEASONAL SALES.  See SALES, TEMPORARY SEASONAL.

   TEMPORARY USE.  See USE, TEMPORARY.

   TERMINAL NAVIGATIONAL AIDS (NAVAIDS).  Those facilities and equipment installed on or near the airport for the purpose of providing pilots with electronic guidance or visual reference to use in executing an approach to land at the airport.

   THEATER, INDOOR.  An indoor facility for audio and visual productions and performing arts. For the purpose of this chapter, the phrase indoor theater shall not include tattoo or piercing parlors, or sexually oriented businesses.

   THEATER, OUTDOOR.  A type of theatre located outdoors consisting of a large outdoor screen, a projection booth, a concession stand and a large parking area for automobiles. Also know as a DRIVE-IN THEATER.

   THOROUGHFARE PLAN.  The official plan, now and hereafter adopted, which sets forth the location, alignment, dimensions, and classification of existing and proposed streets and other thoroughfares.

   TOBACCO STORE.  A business selling tobacco in various forms and the related accoutrements per Indiana State Laws regarding sale of tobacco products.

   TOOL AND DYE SHOP.  An establishment that processes, cuts, and molds metal into tools, molds, machine components, and similar products.

   TOPOGRAPHY.  The configuration of the earth's surface, including the relative relief, elevations, and position of land features.

   TOPPING.  The indiscriminate cutting back of tree branches to stubs or lateral branches that are not large enough to assume the terminal role.  Other names for topping include HEADING, TIPPING, HAT-RACKING, and ROUNDING COVER.

   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.

   TOWNHOUSE.  A one-family dwelling with a private entrance that is attached horizontally to other dwelling units in a linear arrangement, with a front and a rear wall that are totally exposed for light, access, and ventilation.

   TRADE OR BUSINESS SCHOOL.  A specialized instructional establishment that provides on-site training of business, commercial, and/or trade skills such as accounting, data processing, and computer repair. Includes vocational schools and career centers.

   TRAIL.  A public way, separate from a street, alley, or other vehicle roadway, designed for and used by pedestrians, cyclists, and others using non-motorized transportation and recreation equipment.

   TRANSIT STATION.  A public facility designed and used as a destination stop for future regional public transportation systems including, but not limited to, commuter light-rail systems, pedestrian travel and bus rapid transit systems.

   TREE.  An object of natural growth.

   TREE, BROADLEAF.  Trees having non-needle like leaves.

   TREE, DECIDUOUS.  Trees and shrubs that shed their leaves annually.

   TREE, EVERGREEN.  Trees and shrubs that do not shed their leaves annually.

   TREE, ORNAMENTAL.  A deciduous tree possessing qualities such as flowers or fruit, attractive foliage, bark or shape, with a mature height generally under 35 feet.

   TREE, PROHIBITED.  A tree, as listed in this chapter that does not meet site-landscaping or performance standard requirements.

   TREE, SHADE.  A deciduous tree planted primarily for its high crown of foliage or overhead canopy.

   TRUCK FREIGHT TERMINAL.  An area and building where trucks and cargo are stored, where loading and unloading is carried on regularly, and where minor truck maintenance is performed.

   TRUCK SALES AND SERVICE.  Any establishment that sales and services semis, grain trucks, and other vehicles similar in size. Inoperable trucks may be stored on a temporary basis, and only if they are to be serviced.

   TRUCK STOP.  A facility designed and used to provide services to the trucking industry including, but not limited to, fuel stations, repair shops, truck washes, restaurants, convenience stores, weight scales, and shower facilities, all as part of a unified facility.

   UNDEVELOPED LAND.  Land in its natural state.

   UNIVERSITY (OR COLLEGE).  An institution for post-secondary education, public or private, offering courses in general, technical, or religious education and operated not-for-profit. It operates in buildings owned or leased by the institution for administrative and faculty offices, student and faculty housing, classrooms, laboratories, chapels, auditoriums, lecture halls, libraries, student and faculty centers, community rooms and facilities, athletic facilities, fraternities, and sororities. A university may include for-profit businesses and facilities that are incidental to the educational, cultural, and athletic functions and which lease space from the institution. A university shall not include trade schools operated for profit.

   UNNECESSARY HARDSHIP.  A hardship which is subject to relief by means of variance, such as those that result from exceptional topographic conditions, exceptional physical conditions of a parcel of land, or other characteristics of the property that are unique from those of adjoining property in the same zoning district. Hardships which are self-imposed, resulting from errors in judgment on the part of the property owner, or based on a perceived reduction in economic gain shall not be considered unnecessary hardships.

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

   USE CLASSIFICATION.  A group of similar use types that are associated with each other to such an extent that they are grouped together for the purpose of identifying land uses by this chapter, such as retail uses, office uses, personal service uses, and general industrial production.

   USE, CHANGE OF.  The discontinuation of the specific primary use of a lot or structure and the replacement of that use with a different specific use.

   USE, EXISTING.  The use of a lot or structure present at the effective date of this chapter.

   USE, ILLEGAL.  Any use that is neither legal nonconforming or permitted by right or special exception in the zoning district in which it is located as defined by this chapter.

   USE, NONCONFORMING.  A use which does not comply with the use regulations of the zoning district in which it is located.

   USE, PERMITTED.  Any use listed as a permitted use in this chapter or which is an accessory or temporary use associated with a permitted use for the zoning district in which it is located.

   USE, PRIMARY.  The main use of land or structures, as distinguished from an accessory use. A primary use may be either a permitted use or a special exception use.

   USE, SPECIAL EXCEPTION.  A use that is designated by this chapter as being permitted in a specific zoning district if it is found to be appropriate and upon application, is specifically authorized by the Board of Zoning Appeals.

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

   UTILITY FACILITY.  A building or structure used for the offices, storage, distribution or transmission of utilities such as water, gas, electricity, or sewer.

   UTILITY POLE. A structure that is:

      (1)   Owned or operated by;

         (a)   A public utility;

         (b)   A communications service provider;

         (c)   A municipality;

         (d)   An electric membership corporation; or

         (e)   A rural electric cooperative; and

      (2)   Designed and used to:

         (a)   Carry lines, cables, or wires for telephone, cable television, or electricity; or

         (b)   Provide lighting.

   UTILITY SUBSTATION.  A building or structure used for the distribution or transmission of utilities such as water, gas, electricity, or sewer.

   VACATION.  The termination or termination of interest in a plat, an easement, or a right-of-way or other public dedication.

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

   VARIANCE, USE.  See USE, VARIANCE.

   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 DETAILING/ACCESSORY SHOP.  An establishment that provides auto-detailing services and/or sells associated merchandise. Services offered are cosmetic in nature, and do not include mechanical upgrades or repairs.

   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.

   VENDING MACHINE. A machine that dispenses small articles such as food, drinks, DVDs, cigarettes, and the like, when a coin, bill, or token is inserted. VENDING MACHINES shall also include LP exchange cages, water bottle exchange cages, and the like.

   VETERINARY OFFICE (ANIMAL CLINIC).  An establishment for the care, observation, or treatment of domestic animals.

   VIDEO STORE.  An establishment primarily engaged in the retail rental of DVD, videotapes, films, CD-ROMS, laser discs, video games, or other electronic media.

   VINEYARD OR ORCHARD.  A facility in which fruit is grown and grapes processed for retail and commercial sales or to be made into wine. The development may include incidental uses such as a retail shop, standard restaurant, bar or live entertainment.

   WAREHOUSING.  An enclosed or unenclosed facility for the storage, wholesale, and distribution of manufactured products, supplies, and equipment.

   WAREHOUSING, PETROLEUM PRODUCTS.  An enclosed facility for the secure storage, wholesale, and distribution of petroleum products, supplies, and equipment in order to minimize risk of fire and/or explosion.

   WASTE DISPOSAL FACILITY.  Any facility that functions to store or dispose of waste including incinerators, junk metal yard, sanitary landfills, refuse dumps, and inoperable vehicle storage.

   WASTE, HAZARDOUS.  See HAZARDOUS WASTE.

   WATER TOWER.  A tower or standpipe that functions as a reservoir providing water to the community.

   WELLFIELD (PUBLIC PUMPHOUSE).  An area of land that contains one or more existing or proposed wells for supplying water to a water utility.

   WETLAND.  Areas that are inundated and saturated by surface or groundwater at a frequency and duration sufficient to support vegetation typically adapted for life in saturated soil conditions as identified by the National Wetlands Institute and certified by an individual with a U.S. Army Corps of Engineers Regulation 4 Jurisdictional Wetland Certification.

   WHOLESALE FACILITY.  An establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers.

   WINERY.  A facility in which wine products are grown and processed for commercial sales. The development may include other uses such as a retail shop, standard restaurant, bar or live entertainment.

   WIRELESS FACILITY. The set of equipment and network components necessary to provide wireless communications service. The term does not include a wireless support structure.

   WIRELESS SUPPORT STRUCTURE. A freestanding structure designed to support wireless facilities. The term does not include a utility pole or an electrical transmission tower.

   YARD.  A space on a lot that is open and unobstructed.

   YARD SALE. See GARAGE SALE.

   YARD, FRONT. 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.

   YARD, REAR.  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. Corner lots shall have no rear yards, only front yards and side yards.

   YARD, SIDE.  The horizontal space between the nearest foundation of a building to the side lot line and that side lot line, measured as the shortest distance between that foundation and the side lot line.

   YARD, SIDE (AGGREGATE).  The sum of the horizontal space between the foundation of a building and each side lot line, measured as the shortest distance between the foundation and the side lot line.

   YARD, SIDE (SEPARATION).  The sum of the distance of the horizontal space between a foundation and side lot line, plus the horizontal space between the foundation and shared side lot line of the structure on the immediately adjacent lot.

   ZONING 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 around buildings, are established by this chapter.

   ZONING MAP.  See Official Zoning Map.

(Ord. 121410, passed 1-11-2011; Ord. 040814A, passed 4-8-2014; Ord. 111114, passed 11-11-2014; Ord. 041216-A, passed 4-12-2016; Ord. 101116-A, passed 10-11-2016; Ord. 111020C, passed 12-8-2020)