For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING. In the context of a screening or enclosure requirement, abutting shall mean continuous or separated there from only by a non-arterial street. In other instances, ABUTTING shall mean contiguous.
ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Any ACCESSORY STRUCTURE must be separated a minimum of ten feet from the principal structure to be considered and ACCESSORY STRUCTURE.
AGRIBUSINESS. Agribusiness means facilities directed at meeting the needs of those engaged in local farming, such as the warehousing, sales, repair, and service of agricultural equipment, vehicles, feed or supplies. It also means facilities such as grain elevators and agricultural product processing plants as well as the wholesaling of agricultural products and livestock sales.
ALL-WEATHER MATERIAL. In the context of unenclosed off-street parking and loading areas this shall be defined as an area improved with a compacted macadam base with surface treatment (seal coat), or asphaltic concrete surface, concrete, or some comparable all weather material.
ALLEY. A permanent public way providing a secondary means of access for service and emergency vehicles and not intended for general traffic circulation.
AREA PLAN COMMISSION. also referred to as PLAN COMMISSION.
ARTERIAL. A street designated on the Thoroughfare Plan as a primary arterial or secondary arterial.
BUILDING. A structure which is permanently affixed to the land and has one or more floors, a roof and is bounded by either another building with a common party wall, open air or the lot lines of a lot.
BUILDING HEIGHT. The vertical distance measured from the average ground elevation at the building wall to the highest horizontal point of the structure, provided that height exceptions listed under § 153.207 shall apply.
BUILDING SETBACK. The horizontal distance, from the point of measurement, such as the centerline of an abutting street or the boundary line of an abutting zoning district to the nearest building wall.
BUSINESS SIGN. Advertises activities on the site. A BUSINESS SIGN is also known as an ON-PREMISES SIGN. A BUSINESS SIGN attached to the facade of a building or awning is termed a “facade” or “flat” sign (See Attachment C: Zoning Sign Standards.). A BUSINESS SIGN attached to the ground is termed a “ground” sign (See Attachment C: Zoning Sign Standards.). A “ground” sign may be on a pole (i.e., pole sign) or may be touching the ground (i.e., monument sign). An outdoor advertising sign, billboard or off-premises sign is not a BUSINESS SIGN. Bulletin, identification, real estate and construction signs appropriate to agriculture, residential and office zoning districts are not BUSINESS SIGNS.
CAMP TRAILER. See TRAVEL TRAILER.
CATTLE. Cattle shall include, but not be limited to, cows (whether milked or dry), veal, calves, heifers, steers, bulls, and cow/calf pairs.
CBD. See CENTRAL BUSINESS DISTRICT.
CENTRAL BUSINESS DISTRICT. This district designation defined the central business district of Mt. Vernon and is delineated as: The Ohio River to the South, Fifth Street to the North, College Avenue to the West, and Walnut Street to the East. This District is that area of Mt. Vernon characterized by a retail core and intensive office employment. This designation shall be applied to one continuous and contiguous area. The CBD allows the most intense use of land, without regard to the regulation of building height, floor area, land coverage or parking space requirements.
CERTIORARI. A writ from a circuit court to call up for review the records of an inferior court or body acting in a quasi-judicial capacity, i.e. Board of Zoning Appeals.
CHILD CARE, IN HOME. Dwelling unit used to house and provide supervision and care for four or less children, other than those children residing in the dwelling, on a daily basis. Five to ten children may be cared for in the home if the resident obtains a special exception and maintains continuous state licensing.
CHILDREN’S NURSERY. Facility other than a dwelling unit used to provide supervision and care for children on a daily basis.
CHURCH. An edifice for public worship.
COMMERCIAL VEHICLE. A vehicle used in a commercial enterprise and not intended as private passenger vehicle.
CONCENTRATED OR CONFINED FEEDING. The raising of animals for food, fur or recreation in lots, pens, ponds, sheds or buildings, where they are confined, fed and maintained for at least 45 days during any year, and where there is no ground cover or vegetation present over at least half of the animals’ confinement area. Livestock markets and sale barns are excluded. There are three thresholds:
(1) ANIMAL FEEDING OPERATION (AFO). A lot or facility where 50 or more cattle, 100 or more hogs, sheep or goats, or 5000 or more fowl have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and crops, vegetation forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility. Animal feeding operation includes animal confinement buildings and animal waste storage facilities. Two or more animal feeding operations under common ownership are considered, for the purposes of these regulations, to be a single animal feeding operation if they adjoin each other. Livestock markets and sale barns are excluded.
(2) CONCENTRATED FEEDING OPERATION (CFO). Any animal feeding operation (AFO) that has at least 300 cattle, 600 swine, sheep or goats, or 30,000 fowl or any operation that is included within the definition in I.C. 13-11-2 or the definition in § 502(14) of the federal Glean Water Act. Two or more concentrated animal feeding operations under common ownership are considered, for purposes of these regulations, to be a single concentrated feeding operation if they adjoin each other. Livestock markets and sale barns are excluded.
(3) CONFINED ANIMAL FEEDING OPERATION (CAFO). A livestock operation where livestock have been, are, or will be confined and concentrated for 30 or more days in any 12 month period, and such operation consists of at least 700 mature cows (whether milked or dry), 1,000 veal calves; 1,000 cattle other than mature dairy cows or veal calves; 2,500 swine (each weighing 55 pounds
161 or more); 10,000 swine (each weighing less than 55 pounds); 500 horses; 10,000 sheep, lambs or goats; 55,000 turkeys; 30,000 laying hens or broilers (if the operation uses a liquid manure handling system); 125,000 chickens, other than laying hens (if the operation uses anything other than a liquid manure handling system); 82,000 laying hens; 30,000 ducks, or 5,000 ducks (if the operation uses a liquid manure handling system). Adjoining operations under common ownership are considered to be one animal feeding operation if they use common areas, buildings, equipment or manure handling systems.
CONVENIENCE STORE. Store so located near a residential or office district offering a limited line of household convenience items.
CURB LEVEL. The mean level of the established curb at the frontage of a lot. Where no curb has been established, the city engineer shall establish such curb level or its equivalent for the purposes of this chapter.
DAYCARE. See CHILDREN’S NURSERY or CHILD CARE.
DETENTION/CORRECTIONAL FACILITY. A facility for the detention, confinement, treatment and/or rehabilitation or persons arrested or convicted for the violation of civil or criminal law. Such
facilities include an adult detention center, juvenile delinquency center, pre-release center, correctional community treatment center, jail and prison.
DEVELOPMENT. Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. (See DEVELOPMENT in § 153.112 when in the context of flood hazard areas.)
DISPLAY SURFACE. The surface of a sign upon, against, or through which the message is displayed or illustrated.
DISPLAY SURFACE AREA. The net geometric area enclosed by the display surface of the sign including the outer extremities of all letters, figures, characters and delineations, but excluding structural supports of free-standing signs when the structural supports are not arranged to become a part of the attention attracting aspects of the sign. For wall or canopy signs, the net geometric area enclosed includes the outer extremities of all letters, figures, characters and delineations, with or without an illuminated background.
DOMESTIC ANIMALS. Animals normally part of home life such as dogs, cats and other small animals that are commonly sold in pet stores.
DUPLEX. A single-family attached dwelling that shares the same structure with another dwelling on the same lot. However, the lot may be split in the subdivision process so that each dwelling has its own lot.
DWELLING. A building or structure used in whole or in part for human inhabitation.
DWELLING, DUPLEX. Building containing two dwelling units, designed for occupancy by not more than two families.
DWELLING, MOBILE HOME. A vehicle designed to serve whenever parked as a dwelling, or as a place of business as manufactured, and containing a minimum of six-hundred-fifty (650) square feet of living area and designed to be used year-round.
DWELLING, MULTIFAMILY. A building containing three or more dwelling units.
DWELLING, SINGLE FAMILY ATTACHED. A building (other than a mobile home) containing one dwelling unit designed for occupancy by not more than one family, containing a minimum of 650 square feet of living area, designed to be used year-round, and having one or two walls in common with other dwelling units. This type of dwelling unit includes duplexes, zero lot-line homes, patio homes, townhouse, row houses and quadruplexes.
DWELLING, SINGLE-FAMILY DETACHED. A building (other than a mobile home) containing one dwelling unit designed for occupancy by not more than one family, and containing a minimum of
950 square feet of living area, designed to be used year-round, and separated by ten feet from any other dwelling unit.
DWELLING UNIT. A room or group of rooms arranged, intended or designed as a habitable unit, containing kitchen, bath and sleeping facilities, for not more than one family living independently of any other family.
ELDERLY/RETIREMENT HOUSING. A residential complex containing multifamily dwelling designed for and principally occupied by senior citizens. Such facilities may include a congregate meals program in a common dining area, but exclude institutional care such as medical or nursing care and are distinguished from retirement centers and extended-care facilities.
EMERGENCY AND PROTECTIVE SHELTER. A residential facility which provides room and board for a temporary period [30 days or less] of protection, counseling and pre-placement screening for abused, displaced or transient children or adults.
EXTENDED CARE FACILITY. A facility for extended medical care for the purposes of physical rehabilitation.
FACADE SIGN. See BUSINESS SIGN.
FARM-BASED BUSINESS. Business customarily associated with the agriculture practice in Posey County.
FARM WORKER. A person other than the owner of the farm, who for pay performs labor either seasonally or year round in the production, planting, cultivation or harvesting of farm products or the care of livestock.
FARM WORKER HOUSING. Housing constructed in compliance with applicable building and health codes that is occupied seasonally only by farm workers employed on the farm where the housing is located.
FENCE. An upright, freestanding structure made of wood, masonry, vinyl, metal or similar material and designed to enclose, screen, or separate areas. FENCES may not be made from trash, inoperable or junk vehicles, barrels, or any other material not designed to be used as fencing.
FIRM FLOOD INSURANCE. See § 153.112 for definition.
FLAT SIGN. See BUSINESS SIGN.
FLOOD. See § 153.112 for definition.
FLOOD HAZARD AREA. See § 153.112 for definition.
FLOOD PROTECTION GRADE. See § 153.112 for definition.
FLOOR AREA. The sum of the gross horizontal areas of the several floors, including the basements, of a building measured from the exterior faces of the exterior walls or from the centering of walls separating two buildings. Provided that for the purpose of determining compliance with the permitted floor area ratio, the FLOOR AREA of enclosed off-street parking areas shall not be included.
FLOOR AREA RATIO. The floor area of a building or buildings on a lot divided by the lot area.
FOUNDATION, PERMANENT. Any structural system for transporting loads from a structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of supporting soils.
FRONT YARD. The horizontal distance from the front lot line to the nearest building wall.
FRONTAGE. The lineal measurement of a lot boundary which abuts a public street or the lineal measurement of the building setback line when the boundary of the lot abuts a curved no arterial or cul-de-sac.
GROUND SIGN. A stand alone sign not attached to any building facade, canopy or roof. The GROUND SIGN may be on a pole (i.e., pole sign) or may be touching the ground (i.e., monument sign).
GROUP HOME. A facility that provided room and board, personal care and habitation services for mentally retarded and/or physically limited persons with a resident staff. Personal care and habitation services excludes on-site institutional type educational training, medical or nursing care.
HABITABLE FLOOR. Any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation or a combination thereof. A floor used for storage purposes only is not a HABITABLE FLOOR.
HEIGHT, BUILDING. The vertical distance measured from the average ground elevation at the building wall to the highest horizontal point of the structure.
HEIGHT, SIGN. The vertical distance measured from the curb level to the highest point of the sign.
HOME OCCUPATION. Any occupation or activity conducted within a dwelling unit or accessory building which is clearly incidental and subordinate to the use of the premises for dwelling purposes.
IMPROVEMENT LOCATION PERMIT. A permit which must be applied for and received before any structure may be occupied, or use commenced certifying that the structure and or the proposed use comply with the provisions of this chapter.
KENNEL. The use of land or buildings for the purpose of selling, breeding, boarding or training cats, dogs or both.
LIBRARY. A public building which contains books and other literary materials for reading, study or reference.
LIVABLE FLOOR AREA. The portion of the dwelling unit used as living space and specifically excluding space used for the storage of vehicles (e.g., garage) or for the permanent storage of goods and materials (e.g., storage shed).
LIVABILITY SPACE. The open spaces of a lot which is not allocated to or used for off-street parking or loading areas or for paved access to the off-street or loading area.
LIVESTOCK. Livestock means animals other than customary domestic pets commonly associated with agriculture. These include but are not limited to chickens, cows, cattle, sheep, ducks, goats, hogs, horses, mules, llamas, ostriches, and poultry.
LIVESTOCK FACILITIES. Shall include all permanent or temporary buildings (or containment structures) used for housing and handling livestock, manure storage structures, feed storage, processing and mortalities.
LIVESTOCK PASTURING OPERATION. Any livestock operation that uses pasture, as defined under this chapter, as the primary source of feed for the animals.
LOADING BERTH, OFF-STREET. A space of at least ten feet in width and 30 feet in length and having a vertical clearance of at least 14 feet, designed and located on a lot for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.
LODGE. See PRIVATE CLUB.
LOT. A lot of record.
LOT AREA. The total horizontal area within the lot lines of a lot.
LOT COVERAGE. Defined as that area of the lot covered by structures. When determining LOT COVERAGE, only those structures which are enclosed space are to be considered. An enclosed space must have a roof and walls. Structures such as swimming pools, sidewalks, parking areas, fences, signs and walls are not included in the calculation of LOT COVERAGE because they are not enclosed space and are open to the sky. An unenclosed porch is not included in LOT COVERAGE; however, a screened-in porch would be considered enclosed space.
LOT LINE. Any boundary of a lot.
LOT LINE, FRONT. The boundary of a lot which abuts a public street. Where the lot abuts more than one street, the shorter of the two lot lines shall be designated, front.
LOT LINE, REAR. The boundary of a lot which is most distant from and most nearly parallel to the front lot line.
LOT LINE, SIDE. Any boundary of lot which is not a front lot line or a rear lot line.
LOT OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded as defined below or a parcel of land defined by meets and bounds and recorded in the office of the Recorder of Deeds of Posey County, Indiana.
LOT WIDTH. The average horizontal distance between the side lot lines.
MANUFACTURED HOME. A dwelling constructed in an offsite manufacturing facility for installation at the building site and having a minimum width of 23 feet. This to be placed on a completely enclosed permanent foundation. Dwelling to bear a seal, certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Code or Indiana Public Law 360, Acts of 1971, as promulgated by the Indiana Administrative Building Council and constructed after January 1981. Also termed MODULAR HOME.
MANURE. Fecal material and urine from livestock, as well as animal-housing wash water, bedding material, rainwater or snow melt that comes in contact with fecal material or urine. Further LIQUID MANURE shall mean; manure handled as a liquid or slurry.
MOBILE HOME. See DWELLING MOBILE HOME.
MOBILE OFFICE TRAILER. A vehicle designed to serve whenever parked as a temporary office for a construction project and not for dwelling, living, or sleeping quarters.
MODULAR HOME. See MANUFACTURED HOME.
NA. Not applicable.
NAMEPLATE. A sign, attached flush against a building identifying the name of the building or the name of an occupant thereof.
NATURAL RESOURCES. The Indiana Natural Resources Commission or the Indiana Department of Natural Resources.
NEC. Not elsewhere classified.
NPDES PERMIT. A National Pollutant Discharge Elimination System permit.
NURSING HOME. A residential health care facility licensed and regulated by the State of Indiana which provides lodging, personal care and supervision for aged, chronically ill, physically infirm or convalescent patients.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire fence, rock, gravel, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or regulatory flood hazard area which may impede, retard, or change the direction or the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property.
OPERATOR. An individual or group of individuals, a partnership, a corporation, a joint venture, or any other entity owning or controlling one or more animal feeding operations or animal wintering operations.
OUTDOOR ADVERTISING SIGN. A sign advertising products not being sold on the property where the sign is located. This sign is also known as a BILLBOARD or OFF-PREMISES sign.
OWNER. A person owning, of record, a fee simple interest in real estate or the contract purchaser Of real estate provided the contract is duly recorded.
OWNER’S FAMILY. Owner’s spouse, children, step-children, grandchildren, parents and/or step-parents of owner or owner’s spouse, grandparents and/or step-grandparents of owner or owner’s spouse and a spouse of any of the above.
PARK. A tract of land set apart, by the local legislative body, for benefit of the public. The tract may be used for passive recreation (such as picnicking) or for active recreation (such as children’s playground, sports field or ball court).
PARKING SPACE, OFF-STREET. A space on a lot intended and reserved for the parking of an automobile. Such space is to be of at least nine feet in width by 20 feet in length. This shall be combined with a driveway connecting the space with a street or alley and permitting ingress or egress of an automobile.
PASTURE. An area where crops, vegetative forage growth, or post-harvest residues are sustained for the purpose of grazing animals in that area.
PASTURING. A livestock operation in which animals graze in a pasture.
PATIO HOME. A single-family attached dwelling of one story (in contrast to a townhouse that has at least two stories) on an individual lot that shares at least one side wall with another dwelling unit and that has a back patio (but not necessarily a backyard). PATIO HOME structures contain two to four units instead of a continuous row of houses common with townhouses. Yard requirements are observed for the structure (building) rather than individual dwellings.
PLAN COMMISSION. The Posey County Area Plan Commission.
PLANNED UNIT DEVELOPMENT. A discretionary type of development for a tract of land under single ownership or control, based upon an approved development plan permitting flexibility of principal land use, lot sizes and accessory uses not otherwise available under conventional development standards.
PLAYGROUND. See PARK.
PRIVATE CLUB OR LODGE FACILITY. Where the chief activity is a service and is not operated as a business for profit and which holds and maintains an income tax exempt status.
PUD. See PLANNED UNIT DEVELOPMENT.
QUADRUPLEX. A single-family attached dwelling unit located on an individual lot that has two common walls with other units, and four dwelling units in each structure. All dwelling units are on the same level and no dwelling units are constructed above or below the other. Yard requirements are observed for the structure (building) rather than individual dwellings.
RECREATION VEHICLE. A vehicular structure portable or self propelled designed as a temporary dwelling for travel use or recreational use not exceeding 35 feet in length.
REGULATORY FLOOD PROFILE 100 YEAR. A longitudinal profile along the tread of a stream showing the maximum water surface attained by the regulatory flood.
RESIDENTIAL STORAGE STRUCTURE. A structure used for personal storage purposes only and which storage does not involve the conduct of any business, trade, occupation or profession. This does not include mobile home dwellings.
RESIDENTIAL TREATMENT CENTER. A community-based residential facility providing diagnostic or therapeutic services and long-term room and board in a highly structured environment for its residents for alcoholism and drug abuse, mental illness or behavioral disorders.
RETIREMENT CENTER. A residential facility containing a dwelling designed for and principally occupied by senior citizens in a planned retirement community which includes a residential complex, an activity or community center, and a medical or nursing facility which is licensed by the State of Indiana as an intermediate care facility or a skilled nursing center.
RIVER OR STREAM. All open channels (whether natural or modified) which carry or discharge water.
ROADSIDE STAND. A structure or portion thereof for the shelter, display and sale of agricultural products produced on the premises with no space for customers within the structure itself.
ROOMING AND BOARDING HOUSE. A facility wherein congregate meals and lodging are provided for its residents exclusive of a supervised living or residential care facility as elsewhere defined, and exclusive of a hotel or motel.
SETBACK. A horizontal distance determining the location of a building with respect to the property line, a street, use district boundary line, or another use. Where the term SETBACK is used in
conjunction with a modifying word or words such a “parking area”, the setback shall in its application include, but not be limited to, buildings.
SEXUALLY ORIENTED BUSINESS.
(1) Defined by this chapter are:
(a) ADULT AMUSEMENT or ENTERTAINMENT. Amusement or entertainment which is distinguished or characterized by an emphasis on acts or material depicting, describing or relating to sexual conduct or specified anatomical areas, as defined herein, including but not limited to topless, exotic dancers, strippers, male, or female or similar entertainment.
(b) ADULT BOOKSTORE. An establishment having as a significant portion of its stock in trade books, film, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
(c) ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically or mechanically controlled, still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
(d) MASSAGE PARLOR. Any place where for any form of consideration or gratuity massage, alcohol rub, administration or fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs, without medical purpose, as part of or in connection with sexual conduct or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.
(2) SEXUAL CONDUCT. Includes the following:
(a) The fondling or other touching of human genitals, pubic region, buttocks, or female breast;
(b) Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy;
(c) Masturbation; and
(d) Excretory functions as part of or in connection with any of the activities set forth in one through three above.
(3) SPECIFIED ANATOMICAL AREAS. Includes the following:
(a) Human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola; and
(b) Human male genitals in a discernible turgid state, even if completely and opaquely covered.
SHOOTING RANGE. A permanently located and improved area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder and other similar sport shooting in an indoor or outdoor environment. The area may be publicly or privately owned and operated for profit or not for profit. SHOOTING RANGE does not include any area for the exclusive use of archery or air guns.
SIGNS, BUSINESS. A sign which directs attention to a business, commodity, service, or entertainment conducted on the premises.
SIGN, CANOPY. A sign wholly supported by a canopy projecting from a building or an extended roof or pitched roof and which does not extend above the mean height level of the building.
SIGN, CONSTRUCTION. A temporary sign erected during the period of construction advertising the construction of improvements on the property.
SIGN, HEIGHT. The vertical distance measured from the curb level to the highest point of the sign.
SIGN, OFF-PREMISES. A sign, including a billboard, which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such sign is located or to which it is affixed. See also SIGN, OUTDOOR ADVERTISING.
SIGN, ON PREMISES. Same as a BUSINESS SIGN. A sign which directs attention to a business, building, product, activity, or service, manufactured, sold, or offered upon the premised as the primary use(s) where such sign is located.
SIGN, OUTDOOR ADVERTISING. A sign which directs attention to a business, commodity, service or entertainment, sold or offered elsewhere than the premises and only incidentally on the premises if at all. This is also known as a BILLBOARD or OFF-PREMISES SIGN.
SIGN, PORTABLE. A sign which is not permanently affixed to the ground or a building.
SIGN, PROJECTING. A sign affixed to a building and which extends horizontally more than 12 feet from the supporting portion of the building.
SIGN, PROMOTIONAL BUSINESS. Items such as tinsel, advertising flags, searchlights, balloons and banners.
SIGN, REAL ESTATE. A temporary sign advertising the sale, rental or lease of the premises.
SIGN, ROOF. A sign other than a promotional business sign which is affixed to a roof extended roof, pitched roof, or canopy and which extends above the building wall or parapet wall.
SIGN, WALL. A sign affixed to a building wall or parapet which does not extend horizontally more than 15 inches from the wall no extend above the height of the wall or parapet.
SPECIAL EXCEPTION. A use or a design element of a use which is not permitted by right in a particular district because of potential adverse effect, but which if controlled in the particular instance as to its relationship to the neighborhood and of the general welfare, may be permitted by the Board of Zoning Appeals, where specifically authorized by the ordinance, and in accordance with the substantive and procedural standards of the ordinance.
STABLE. Stable means a building in which domestic animals are sheltered and fed.
STORY. A room or set of rooms on one floor level of a building.
STREET. Any named or numbered street along its full length, irrespective of any intervening street.
STREET SIDE YARD. When a lot abuts two streets, the yard on the secondary street is termed the “street side yard”.
STREET WALL. The wall or part of the building nearest to the street line.
STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, and includes buildings, walks, fences and signs. Provided that, for the purposes of §§ 153.111 through 153.117, Floodway District STRUCTURE means a walled and roofed building that is principally above ground, as well as a mobile home. Provided that, for the calculation of lot area coverage, STRUCTURE means an enclosed space with a roof and walls.
SUPPLEMENTAL DISTRICT. A zoning district to be mapped as an overlay to a use district and which modifies or supplements the regulations of the general district in recognition of distinguishing circumstances such as unit development or flooding propensity while maintaining the character and purposes of the general use district area over which it is superimposed.
SUPPORT SYSTEM (FOUNDATION). A combination of footings, piers, caps, plates, and shims, which, when properly installed, support the manufactured modular home; footings being the part of the support system which transmit loads to the soil as or below the surface and frost line; piers and caps
being the part of the support system between the footing and the home, exclusive of plates and shims; plates and shims being the cushion of wood or other approved material, which are used to fill the gap between the top of the pier caps and the frame of the home.
SWIMMING POOLS. Swimming pools shall include, but not necessarily limited to, pools over three feet in depth at any point, and shall exclude lakes.
TOP PLATE. The horizontal timber directly carrying the trusses of a roof or the rafters.
TOWNHOUSE DEVELOPMENT. A row of at least three attached dwelling units each separated by a party wall on individual lots and designed for separate ownership of the individual dwelling units with no separate dwelling unit constructed above another dwelling unit; provided that in a development of six or more units, a row of two attached dwelling units may be constructed thereon.
TRANSITIONAL LIVING CENTER. A community-based residential facility that provides short-term (120 days or less) room and board in a supervised living environment utilizing counseling and rehabilitation services for persons with a history of juvenile delinquency, behavioral disorders, mental illness, alcoholism or drug abuse.
TRAVEL TRAILER. See RECREATION VEHICLE.
VARIANCE. A relaxation of restriction of the zoning code, granted by the Board of Zoning Appeals, where by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition or circumstance of the ordinance, restriction, would result in unnecessary hardship.
VETERINARIAN CLINIC. A building used exclusively for the care and treatment of animals, including incidental overnight boarding of animals within the enclosed building, but excluding outside animal runs or boarding services.
YARD. A open unoccupied space on a lot between a building and a lot line.
YARD, FRONT. A yard extending along the full length of the front lot lines between the side lot lines.
YARD, REAR. A yard extendi ng along the full length of the rear lot line between the side lot lines.
YARD, REQUIRED. The minimum permitted distance of open unoccupied space between a building and a lot line.
YARD, SIDE. A yard extending along a side lot line between the front yard and the rear yard.
YARD, STREET SIDE. A yard fronting on the secondary street abutting lot.
ZERO LOT-LINE HOME. A single-family attached dwelling unit on an individual lot that shares a single common wall with another dwelling unit or that is structurally attached to another dwelling, and that has only one side year. Only two dwelling units may be attached in the structure.
ZONING DISTRICT. A zone designating permitted uses by right and special exception, with associated bulk and area standards.
ZONING MAP, OFFICIAL. The officially adopted map by the applicable local legislative body that shows the geographic location of zoning district designations in conjunction with the text of the zoning ordinance.
ZONING TEXT. The narrative portion of the zoning ordinance.
(Ord. 12-16, passed 8-8-12; Am. Ord. 13-9, passed 5-16-13; Am. Ord. 14-22, passed 10-16-14)