For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING PROPERTY OWNER. Official owner of record, whose property is contiguous to the subject property; any property which would touch at any point the subject property ignoring all rights-of-way, easements, alleys and the like.
ACCESSORY BUILDING, STRUCTURE OR USE. An accessory building, structure or use is one which:
(1) Is subordinate to and serves a principal building or principal use;
(2) Is subordinate in building area, intensity of use or purpose to the principal building or principal use served;
(3) Contributes to the comfort, convenience, necessity of occupants of the principal building or principal use served;
(4) Is located on the same zoning lot as the principal building or principal use served, with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served; and
(5) Is prohibited prior to the establishment of the primary use except where authorized by the Zoning Administrator.
ADJACENT. Nearby, but not necessarily touching or abutting.
ALLEY. A public or private right-of-way designed to serve as a secondary means of access to the side or rear of those properties whose principal frontage is on a street.
ALLOWABLE VARIANCE. Variations from the regulations of the zoning chapter which meet the standards established in § 157.051 but not including any variance for use change. (Note: A use change may, when appropriate, be obtained with a rezoning amendment, not a variation).
ALTERATION. Any change in size, shape, character, occupancy or use of a building or structure.
AMBULATORY CARE CENTER. An establishment where patients are admitted for surgical treatment on an out-patient basis with related diagnostic and laboratory facilities.
AMORTIZATION. The process by which, upon official notification by the Zoning Administrator of a nonconforming status, nonconforming uses and structures must be discontinued or made to conform to requirements of the chapter at the end of a specified period of time.
ANSI. American National Standards Institute, or its successor bodies.
APARTMENT. See DWELLING, APARTMENT.
APPAREL STORES. Stores selling new clothing for men, women or children at retail.
AUTOMOBILE SALES. The sale of new and used automobiles and other motor vehicles in operating condition; the storage of automobiles and other motor vehicles in operating condition; but not including storage of trucks of more than five tons in weight or buses; and the repair and servicing of such vehicles, but not including body work, painting or motor rebuilding, unless specifically permitted by the zoning district regulations.
AUTOMOBILE SERVICE STATION. Any building or premises used for dispensing, sale or offering for sale any automotive fuels or oils, having pumps and storage tanks, battery, tire, minor repairs and other similar services are rendered, if rendered wholly within lot lines. The sale of automobiles, trailers, vans, recreational vehicles or trucks is not permitted. The unenclosed storage of automobiles, trucks, trailers or other motor vehicles for purposes other than awaiting repair shall be prohibited.
AWNING. A roof-like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.
BANNER. A temporary form of signage used to advertise a special event; designed for short-term use and typically suspended from a structure with rope or wire. PERMISSIBLE BANNERS shall not exceed, in size, 200 square feet.
BASEMENT. A story partly underground and having one-half its height below the average level of the adjoining ground. A BASEMENT shall be counted as a story if subdivided and used for a dwelling or business.
BEER GARDEN. A festival type event which occurs at a designated location not normally used for the purpose of providing beer or wine to the public and at which beer and wine may be sold to the participants.
BERM. An earthen mound utilized for buffer, landscape and aesthetic purposes.
BLOCK. A tract of land bounded by street rights-of-way, or by a combination of street rights-of-way and public parks, cemeteries, railroad and utility rights-of-way, bulkhead lines or shorelines of waterways, or corporate boundary lines.
BOARD OF ZONING APPEALS. Board of Zoning Appeals of the Town of Newburgh.
BOARDING/ROOMING HOUSE, BED AND BREAKFAST, DORMITORY, FRATERNITY OR SORORITY HOUSE. A private establishment that provides sleeping rooms for rent for set terms, generally by the week or month, in which meals may be provided on a communal basis, but in which cooking is prohibited in individual sleeping rooms.
BUFFERING AREAS. Areas reserved for the purpose of creating open space at the perimeter of a parcel to be developed. In the reserved areas no improvements are permitted except for the purpose of direct vehicular access to the site and landscaping and/or screening. Vehicular accessways shall not be computed as part of the required buffering area.
BUILDABLE AREA. That area remaining on a lot or parcel after all yard requirements have been complied with and such remaining area may be built upon provided it meets all applicable requirements.
BUILDING. Any permanently anchored structure used or intended for supporting or sheltering any use or occupancy. When a BUILDING is divided into separate parts by unpierced walls, each part shall be deemed a separate BUILDING.
BUILDING, DETACHED. One surrounded by open space on the same lot.
BUILDING ENVELOPE. An area that encompasses all structures on a lot or parcel of common ownership.
BUILDING HEIGHT. The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest elevation of the roof in the case of a slant or flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; provided that where buildings are set back from the street line, the height of the building shall be measured from the average elevation of the finished lot grade at the front of the building.
BUILDING LINE. The line nearest the front of and across a zoning lot, establishing the minimum open space to be provided between the front line of a building or structure and the street right-of-way.
BUILDING, PRINCIPAL. A building in which the dominant use of the lot is conducted.
BUILDING, TEMPORARY. A structure designed, built, created or occupied for short and/or intermittent periods of time and shall include tents, lunch wagons, dining cars, trailers and other roofed structures on wheels or other supports used for residential business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes. For the purpose of this definition, ROOF shall include an awning or other similar covering whether or not it is permanent in nature.
BULK. The term used to determine the size of lots; the size and placement of buildings or structures, and the location of same with respect to one another, and includes the following:
(a) Size and height of buildings;
(b) Location of exterior walls at all levels in relation to lot lines, streets or to other buildings;
(c) Gross floor area of buildings in relation to lot area (floor area ratio);
(d) All open spaces allocated to buildings; and
(e) Amount of lot areas and lot width provided per dwelling unit.
BUSINESS. Any occupation, employment or enterprise which occupies time, attention, labor and/or materials for compensation whether or not merchandise is exhibited or sold, or services are offered.
CANOPY. Any structure, mobile or stationary, attached to and deriving its support from framework or posts or other means independent of a connected structure for the purpose of shielding a platform, stoop or sidewalk from the elements, or a roof-like structure of permanent nature which projects from the wall of a structure and overhangs the public way.
CAR WASH. An establishment that provides washing and cleaning of passenger or recreational vehicles by hand, by use of automated equipment operated by one or more attendants, or by self-service facilities.
CELLAR. A story having more than one-half of its height below the curb level or below the average grade of the adjoining ground. A CELLAR shall not be counted as a story for the purpose of height measurement.
CERTIFICATE OF APPROPRIATENESS. A certification authorized by the Plan Commission authorizing plans for construction, reconstruction, alteration, the moving, rehabilitation or demolition, in whole or in part, of a building or structure which is located within the Town Core Overlay District.
CERTIFICATE OF OCCUPANCY. A certificate to occupy a structure as issued by the Building Inspector.
CHILD CARE CENTER.
(1) Any child care facility receiving more than eight children for fewer than 24 hours per day unattended by parent or legal guardian.
(2) A CHILD CARE CENTER shall constitute the primary use of a structure and may not be housed in an accessory structure. This use is considered a commercial operation in which non-household employees are allowed.
CHILD CARE HOME. A facility located in a single household residence which receives not more than eight children for fewer than 24 hours per day unattended by parent or legal guardian. The maximum of eight children includes the family’s natural or adopted children under the age of 16 and those children who are in the home under full-time care. Activities may include educational training, however, non-household employees shall not be allowed.
CLINIC, IN-PATIENT. An establishment where patients are admitted for study or treatment on an in-patient basis by two or more licensed physicians or dentists and their professional associates practicing medicine or dentistry together.
CLINIC, OUT-PATIENT. An establishment where patients are admitted for study or treatment on an out-patient basis by two or more licensed physicians or dentists and their professional associates practicing medicine or dentistry together.
CLUB OR LODGE, PRIVATE. A group or association of persons who are bona fide members paying dues, which owns, hires or leases a building or portion thereof; the use of such premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises, provided adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed provided it is secondary and incidental to the promotion of some other common objective of the organization.
CLUB, PRIVATE (NON-PROFIT). A non-profit association of persons, who are bona fide members paying annual dues, which owns, hires or leases a building, or portion thereof; the use of such premises being restricted to members and their guests. The affairs and management of such PRIVATE CLUB are conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting. It shall be permissible to serve food and meals on such premises, providing adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guest shall be allowed provided it is secondary and incidental to the promotion of some other common objective of the organization, and further provided that such sale of alcoholic beverages is in compliance with the applicable federal, state and county laws.
CLUSTERING. Clustering permits the siting of structures which may be independent of existing lot lines on a parcel of land which is based on a plan.
COMMERCIAL SIGN DISTRICT. An area of the town located in zoning districts C1, C2, C3 and C4, and any associated overlay districts according to the official zoning map of the town.
COMMUNITY EVENT. An event of community-wide interest sponsored by a governmental agency or a not-for-profit corporation or association. Such event does not include any activity for the economic benefit of particular business.
CONGREGATE HOUSING. Institutional housing consisting of apartments, rooms, medical service facilities and dining services for residents who require such housing because of age or medical condition.
CONSTRUCTION. On-site erection, fabrication, installation, alteration, demolition or removal of any structure, facility or addition thereto, including all related activities, but not restricted to, clearing of land, earth moving, blasting and landscaping.
CONVALESCENT, NURSING OR REST HOME. An establishment for the care of the aged or infirm, or a place of rest for those suffering bodily disorders. Such home does not contain equipment for surgical care or for the treatment of disease or injury.
CONVENIENCE RETAIL CENTER. A neighborhood oriented shopping center or freestanding enterprise designed to serve patrons on a short term drop-in-basis, typically containing, but not limited to, a small food and sundries store, drug store, carry-out food service, hairdresser or barber, or dry cleaning pick-up store. Liquor sales and gasoline sales are expressly prohibited.
COUNCIL. The Town Council of Newburgh.
CURB LEVEL. The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the CURB LEVEL shall be the average of the levels of the curbs at the center of the front line on each street. Where no curb has been established, the mean level of land immediately adjacent to the building shall be considered the CURB LEVEL.
DAYTIME HOURS. 7:00 a.m. to 7:00 p.m., local time.
db(A). Decibels as read on the sound level meter when set for the A-weighted filter. The A-weighted filter approximates the sensitivity of the human ear as to frequency response.
DEMOLITION. Any act or process which destroys in part or in whole a structure.
DENSITY BONUSES. The granting of the allowance of additional density in a development in exchange for the provision by the developer of other desirable amenities from a public perspective, e.g., public open space, plazas, art, landscaping and the like.
DEVELOPMENT COMMITMENT. A written commitment filed by a developer of a proposed development project which specifies the terms and conditions a master development plan, easements, landscape and buffering plans, use restrictions and other development details which may be beyond or instead of normal requirements of the zoning or subdivision chapters and may result from conditions imposed by review bodies as a condition for development approval. DEVELOPER COMMITMENTS are recorded as deed restrictions which run with the property as a condition of title.
DISTRICT. Any specifically described area of the town as indicated by the official zoning map of the town to which these regulations apply and shown on a official map maintained by the Zoning Administrator.
DISTRICT, OVERLAY. An overlay district is a second set of regulations applied to any part or all of a zoning district (as defined for the term “district”) or any number of districts. The overlay district regulations may relax or further restrict the number or types of uses allowed as well as the way permitted activities operate within the overlay district boundaries. Such districts are mapped on the town’s official zoning map.
DISTRICT, UNDERLYING. Referring to a zoning district (as defined for the term “district”) when it is affected by an overlay district.
DORMITORY. A building or part of a building operated by an institution and containing a room or rooms forming one or more habitable units which are used or intended to be used by residents of the institution for living and sleeping, but not for cooking or eating purposes.
DRIVE-IN (DRIVE-THROUGH) RESTAURANT. A restaurant which is laid out and equipped to serve food and beverage to patrons in automobiles.
DRIVEWAY. A pathway for motor vehicles from a street to a permitted accessory building used for service purposes or for access to the principal structure on a zoning lot.
DWELLING. A building, or portion thereof, designed or used exclusively for residential occupancy, including single-household dwellings, two-household dwellings or multiple-household dwellings, but not including hotels or motels.
DWELLING, MODULAR UNIT. A factory-fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into a modular structure that will be a finished building in a fixed location on a permanent foundation.
DWELLING UNIT. One or more rooms including a kitchen or kitchenette, located within a residence providing complete living facilities for one household or containing facilities and equipment for living, sleeping, cooking and eating.
DWELLING UNIT, MULTIPLE-HOUSEHOLD. A building, or portion thereof, consisting of three or more dwelling units with varying arrangements of entrances and party walls. The definition of multiple-household dwelling unit may include, but shall not limited to, the following terms: apartment, condominium, cooperative, quadraminium, three-flat and triplex.
DWELLING UNIT, SINGLE-HOUSEHOLD ATTACHED. A building consisting of dwelling units each of which is attached by a common vertical wall to one other dwelling unit with each dwelling unit having a separate entrance. An ATTACHED SINGLE-HOUSEHOLD DWELLING UNIT shall include the terms “townhouse” and “rowhouse”.
DWELLING UNIT, SINGLE-HOUSEHOLD DETACHED. A building containing a single dwelling unit only, which is separated from all other dwelling units by open space.
DWELLING UNIT, TWO-HOUSEHOLD. A building consisting of two dwelling units which may either be attached, side-by-side, or one above the other, with each dwelling unit having a separate or combined entrance or entrances.
EXTERIOR ARCHITECTURAL APPEARANCE. Includes the architectural character, general composition and general arrangement of the exterior of a structure, including the kind, color and texture of the building material and the type and character of all windows, doors, light fixtures, signs and appurtenant elements, visible from public streets and thoroughfares.
EXTERNAL ILLUMINATION. Illumination of a sign which is effected by a source of light which is not contained within the sign itself.
FACADE. The portion of any exterior elevation on the building extending from grade to top of the parapet, wall or eaves and the entire width of the building elevation.
FAMILY. Consists of one or more persons each related to the other by blood, marriage or adoption (including foster children), together with such relatives of the representatives of the respective spouses who are living with the family in a single dwelling and maintaining a common household. A FAMILY may also be composed of not to exceed four persons not so related, provided that such unrelated persons live in a single dwelling and maintain a common household and a single housekeeping unit. A FAMILY includes any domestic servants and not more than one gratuitous guest residing with said family; such servants shall be included in the unrelated persons attained by this definition, and shall not be in addition thereto.
FAMILY CARE FACILITY. A non-medical facility for the housing of no more than eight unrelated persons (inclusive of residential staff), who, due to advanced age, handicap, impairment due to chronic illness or status as a minor who is unable to live with parents or guardians, require assistance and/or supervision, and who reside together in a family-type environment as a singe housekeeping unit. Excluded from the definition of FAMILY CARE FACILITIES are homes in which residents are criminal offenders or former criminal offenders. Excluded from this definition are persons whose disability arises from current use or addiction to a controlled substance as this term is used in the United States Code and Indiana Statutes.
FENCE. A freestanding structure of metal, masonry, composition or wood or any combination thereof resting on or partially buried in the ground and rising above ground level, and used for confinement, screening or partition purposes.
FILLING STATION. See AUTOMOTIVE SERVICE STATION.
FINDING OF FACT. Information obtained with respect to a matter or a statement or a writing made by any person or entity required to make a “finding” under the terms of this chapter.
FLOOR AREA. The sum of the gross horizontal areas of the several floors of the budding measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, computed as follows:
(1) For determining floor area ratio.
(a) The sum of the following areas:
1. The ground floor area when any portion of the basement or ground floor used for a dwelling, business or commercial purpose except for home occupation;
2. Elevator shafts and stairwells at each floor;
3. Floor space (including any basement floor space) used for mechanical equipment (except equipment, open or enclosed, located on the roof);
4. Penthouses;
5. Attic space having headroom of seven feet, ten inches or more;
6. Interior balconies and mezzanines;
7. Enclosed porches; and
8. Floor area devoted to accessory uses.
(b) Space devoted to off-street parking or loading shall not be included in the FLOOR AREA. The FLOOR AREA of structures devoted to bulk storage of materials shall be computed by counting each ten feet of height, or fraction thereof, as being equal to one floor.
(2) For determining off-street parking and loading requirements.
(a) The sum of the following areas:
1. Floor space devoted to the principal use of the premises, including accessory storage areas located within selling or working space such as counters, racks or closets;
2. Any basement floor area devoted to retailing activities; and
3. Floor area devoted to the production or processing of goods or to business or professional offices.
(b) For this purpose, FLOOR AREA shall not include space devoted primarily to storage purposes (except as otherwise noted herein), off-street parking or loading facilities, including aisles, ramps and maneuvering space, or basement floor area other than area devoted to retailing activities, the production or processing of goods, or business or professional offices.
FLOOR AREA RATIO (FAR). The number obtained by dividing the floor area of a building or other structure by the gross area of the site on which the building or structure is located. When more than one building or structure is located on a lot, then the FLOOR AREA RATIO is determined by dividing the total floor area of all the buildings or structures by the gross area of the site.
FOOD STORES. Stores which sell foods, fresh or frozen, and other items commonly sold in connection therewith and including, but not limited to, stores commonly referred to as dairy stores, delicatessens, fruit markets, grocery stores, health food stores, nut shops and supermarkets. Sales must be made at retail on the premises, but not for consumption on the premises.
FRONT VS. REAR ON THROUGH LOT. Any parcel of real estate which is contiguous with more than one street shall have only one front. If no dwelling unit exists on the parcel, then the front shall be designated on the drawing accompanying the application for a building permit. If a dwelling unit already exists on a parcel, then the front of such parcel shall be determined by the street address of the dwelling unit.
FRONTAGE. All property on one side of a street or place between two intersecting streets which cross or terminate at the other, measured along the line of the street; or, if the street has a dead end, then all of the property abutting on one side between an intersecting street and the dead end of the street.
GARAGE, PRIVATE. A detached accessory building or portion of the main building used only for the storage of motor driven vehicles which are the property of and for the private use of the occupants of the lot on which the private garage is located. If the occupants of the lot have fewer vehicles than the storage spaces contained in said garage, the unrequired spaces may be used by, or rented to others. Not more than one of the vehicles may be a commercial vehicle of not more than three-quarter ton capacity.
GARAGE, PUBLIC. Any premises, except those described as a private or storage garage, used for the storage or care of self-propelled vehicles, or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.
GARAGE, STORAGE. Any building used for the storage only of motor vehicles pursuant to previous arrangements and not to transients, and where no equipment, parts, fuel, grease or oil is sold and vehicles are not equipped, services, repaired, hired or sold.
GROSS FLOOR AREA (FOR DETERMINING OFF-STREET PARKING AND LOADING REQUIREMENTS). The sum of the gross horizontal area of the floor(s) of a building, excluding floor area devoted to permanent storage; floor area devoted to off-street parking and loading facilities, including aisles and maneuvering space; basement floor area other than the area devoted to retailing activity, production or processing of goods, or business or professional offices; mechanical rooms; stairwells; and shafts devoted to elevators, wiring or mechanical equipment.
GROUP CARE FACILITY. A residential facility which is the same as a family care facility except that it may house six persons
GUEST, PERMANENT. A person who occupies or has the right to occupy a hotel or apartment hotel accommodation as his or her domicile and place of permanent residence.
HALFWAY HOUSE. A non-medical residential facility for the housing of no more than eight unrelated persons (inclusive of residential staff) who due to status as a minor, criminal offender, person on work release program, parole or probation, are unable to live with parents or guardians and require assistance or supervision. The residents live together in a family-type environment as a single housekeeping unit. (See also FAMILY CARE FACILITY.)
HANDICAP. Physical or mental impairment which limits one or more of a person’s life activities; or a record of having such impairment; or being regarded as having such impairment. However, the definition of HANDICAP does not include the current use of or addiction to a controlled substance.
HEIGHT OF SIGN. The vertical distance measured from the adjacent street grade to the highest point of the sign.
HISTORICAL SIGNIFICANCE. The quality of significance in American history, architecture, archaeology and culture is present in districts, sites, buildings, structures and objects that possess integrity of location, design, setting, material, workmanship, feeling and association and:
(1) That are associated with events that have made a significant contribution to the broad patterns of the town’s history;
(2) That are associated with the lives of persons significant in the town’s past;
(3) That embody the distinctive characteristics of a type, period or method of construction, or that represent a significant and distinguishable entity whose components may lack individual distinction; or
(4) That have yielded or may be likely to yield information important in prehistory or history.
HOSPITAL. Any institution, place, building or agency, public or private, whether organized for profit or not, devoted primarily to the maintenance and operation of facilities for the diagnosis and treatment or care of two or more unrelated persons admitted for overnight stay or longer in order to obtain medical, including obstetric, psychiatric and nursing, care of illness, disease, injury, infirmity or deformity. The term HOSPITAL with regard to length of stay shall also include notice to interested persons may be made by mail or personal service on the last assessee of record and upon all occupants.
INTERNAL ILLUMINATION. Illumination of a sign which is effected by a source of light which is contained within the sign itself. Any sign in which light becomes visible by shining through a translucent surface shall be considered a sign in which INTERNAL ILLUMINATION is used.
ITEM OF INFORMATION. For purposes of calculating permitted information on a sign, an ITEM OF INFORMATION refers to a single word, number or symbol.
JUNKYARD. An open area where junk, waste, scrap, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A JUNKYARD includes automobile wrecking or salvage yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house-wrecking and structural steel materials and equipment, but does not include uses established entirely within enclosed buildings.
KENNEL. Any premises used for the commercial breeding, boarding, grooming or bathing of dogs, cats and/or other small domesticated household pets (not farm animals), or for the breeding or keeping of dogs for racing purposes.
LABORATORY, MEDICAL OR SCIENTIFIC. A building or group of building in which facilities for medical or scientific research, investigation, testing or experimentation are located, and in which no more than 15% of a building so occupied may be used for ancillary manufacturing, fabricating, processing, assembly, storage, repair or service facilities.
LANDSCAPED AREA. Land that has been decoratively or functionally altered by contouring and planting shrubs, trees or vines, and with a living or nonliving ground cover.
LODGING HOUSE (INCLUDING BOARDING AND ROOMING HOUSE). A residential building, or portion thereof; other than a motel or hotel, containing lodging rooms which accommodate persons who are not members of the keeper’s family. Lodging with or without meals is provided for compensation on a weekly or monthly basis.
LOT. A single parcel of land which is legally described and recorded as such, or which is one or more numbered lots or parts of such lots legally described and recorded as a part of a recorded subdivision plat. A LOT is one or more contiguous lots or parts of lots of record comprising the tract of land which is designated by the owner at the time of application for a building or sign permit as the site to be used, developed or built upon as a unit. Therefore, a LOT may or may not coincide with a single lot of record.
LOT AREA OR SIZE. The total horizontal area included within the lot lines of a lot
LOT, CORNER. A lot situated at the intersection of two or more streets, where the interior angle of such intersection coterminous with the right-of-way lines of such streets does not exceed 135 degrees.
LOT COVERAGE. That portion or percentage of a lot permitted to be covered by structures.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.
LOT FRONTAGE. The length of the front line of a lot.
LOT LINE. A property boundary line of any lot held in single or separate ownership; except that where any portion of the lot extends into the abutting street or alley, the LOT LINE shall be deemed to be the street or alley line.
LOT LINE, FRONT. Rear lot line is the lot line most nearly parallel to and most remote from the FRONT LOT LINE. If the rear lot line as determined above shall be less than ten feet in length, such rear lot line shall be determined to be a line which is not less than ten feet in length, which line shall be parallel to and at the maximum distance from the front lot line.
LOT LINE, REAR. The lot line that is most distance from, and is, or is most nearly, parallel to, the front lot line. If a REAR LOT LINE is less than 15 feet long lying wholly within the lot, parallel to the front lot line, then the Zoning Administrator may interpret this chapter to include portions of the side yards as the REAR LOT LINE where such interpretation is consistent with the requirements set forth in this chapter. If a zoning lot has two or more front lot lines, the owner or developer shall designate the yard which is to be the rear yard.
LOT OF RECORD. A lot which is a part of a subdivision, the map of which has been recorded in the office of the County Recorder of Deeds of Warrick County.
LOT, REVERSED CORNER. A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.
LOT TYPES. The terminology used in this chapter with reference to lot types is as follows:
(1) CORNER LOT. A lot located at the intersection of two or more streets.
(2) INTERIOR LOT. A lot other than a corner lot with only one frontage on a street other than an alley.
(3) THROUGH LOT. A lot other than a corner lot with frontage on more than one street other than an alley. THROUGH LOTS with frontage on two streets require that front yards shall be provided on both streets; provided, however, if the lot is comparatively level, the number of dwelling units that may be constructed facing either street shall be computed by using one-half of the total area of the lot; if the lot has a substantial change in elevation, the area of the level portion shall determine how many dwelling units may be constructed fronting on the street adjoining the level portion of the lot.
(4) ZONING LOT.
(a) A single unified tract of land located within a single block which at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single or unified ownership or control.
(b) Such lot shall have frontage on a street; shall be of at least sufficient size to meet minimum zoning requirements for use, coverage and area; shall provide such yards and other open spaces as herein required; and may consist of:
1. A single lot or record;
2. A portion of a lot of record;
3. A combination of complete lots of record; and
4. A parcel of land described by a metes and bounds description; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.
LOT WIDTH. The distance on a horizontal plane between the side lot lines measured at right angles to the lot depth at the established front building line.
MANUFACTURED HOME. A dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Code (42 U.S.C. §§ 5401 et seq.).
MARQUEE. Any permanent roof-like structure extending from part of the wall or building but not supported by the ground and constructed of durable material such as metal or glass. Such structure may overhang a public way but shall not overhang a public right-of-way.
MEDICAL CENTER. An institution providing health service and medical or surgical care on an in-patient basis or out-patient basis to persons suffering from illness, disease, injury, deformity or other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities such as laboratories or training facilities.
MOBILE HOME. A single household residential unit with all of the following characteristics:
(1) Designed for long-term occupancy, and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities with plumbing and electrical connections provided for attachments to outside systems;
(2) Designed to be transported after fabrication on its own wheels;
(3) Arriving at the site where it is to be occupied as a dwelling complete, conventionally designed to include major appliances, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities and the like; and
(4) Designed for removal to and installation or erection on other sites.
MOTEL. See HOTEL-MOTEL.
MOTOR VEHICLE. Every device, in, upon or by which any person or property is or may be transported or drawn upon a road or highway except devices moved by human power, devices used exclusively upon stationary rails or tracks and snowmobiles. For this chapter, MOTOR VEHICLES are divided into two divisions.
MUNICIPALITY. The Town of Newburgh.
MURAL. Painting, or other art work applied to or made integral with a wall surface which is of significance primarily because of its artistic quality rather than because of the message it communicates.
NEON TUBE ILLUMINATION. Illumination effected by a light source consisting of a neon tube which is bent to form letters, symbols or other shapes.
NIGHTTIME HOURS. 7:00 p.m. to 7:00 a.m., local time.
NOISE POLLUTION. A level of noise which subjects those in close proximity to such decibel levels that impair their health, general welfare and enjoyment of their property for its intended use.
NONCONFORMING USE. See USE, NONCONFORMING.
OCTAVE BAND SOUND PRESSURE LEVEL. The sound pressure level for the sound being measured contained within the specified octave band. The reference pressure is 20 micronewtons per square meter.
OFF-PREMISES SIGN. A sign which advertises goods, services or facilities which are not available on the premises where the sign is located. The foregoing definition includes, but is not limited to, outdoor advertising sign structures.
OFF-STREET LOADING AND UNLOADING SPACE. An open hard-surface area of land, other than a street, driveway or public way, the principal use of which is for standing, loading and unloading of motor trucks, tractors and trailers, to avoid undue interference with the public use of streets and alleys. Such space shall not be less than 12 feet in width, 30 feet in length for short berths and 50 feet in length for long berths and 15 feet in height, exclusive of access aisles and maneuvering space.
OFFICE SIGN DISTRICT. Those parts of the town which are located in zoning base districts O1 or O2 and any associated overlay districts, according to the official zoning map.
OPEN SPACE. All land or water areas which are not occupied by buildings, roads, parking or private open areas. It includes park land and play areas, community garden plots, storm water detention/retention facilities and service areas which may be dedicated to the public or may be designated or reserved for the sole use and enjoyment of the people having a common proprietary interest in the development. Land required to remain as OPEN SPACE by this chapter may be used for recreation, resource protection, underground utility, amenity and buffer area purposes. Where the OPEN SPACE is part of the park land or school dedication the entire parcel so dedicated shall be considered as OPEN SPACE.
ORNAMENTAL TREE. A tree which generally reaches a mature height of between ten and 25 feet. Such trees provide seasonal color and interest, screening and visual enhancement at intermediate elevations.
OVERNIGHT FACILITY. A building accessory to medical facilities, in which rooms or suites are reserved to provide sleeping accommodations for temporary guests,
OWNER. The owner as shown on the records of the County Recorder’s office on the date of the filing of an application for development approval.
PARCEL. A continuous area of real property which is legally described and accurately drawn on the plat of such property.
PARKING AREA. An open hard-surface area of land, other than a street, driveway or public way, the principal use of which is for the storage (parking) of passenger automobiles or commercial vehicles under two-ton capacity by the public, whether for compensation or not, or as an accommodation to clients or customers. (See Town Engineering Design Standards.)
PARKING AREA, PRIVATE. A private parking area is an open, hard-surfaced area, other than a public way or street, designed, arranged and made available for the storage of private passenger automobiles only, of occupants of the building or buildings for which the parking area is developed and is accessory. PRIVATE PARKING AREAS shall comply with requirements of §§ 157.180 through 157.183.
PARKING AREA, PUBLIC. An open, hard-surfaced area, other than a public way or street, intended to be used for the temporary, daily or off-street parking of passenger automobiles and commercial vehicles under one and one-half tons rated capacity, and available to the public, whether for compensation, free or as an accommodation to clients or customers.
PARKING LOT. An improved surface upon which passenger vehicles are parked, and at which a fee may be charged.
PARKING SPACE, AUTOMOBILE. Hard surfaced space within a parking area or a building of not less than 157.25 square feet (eight and one-half feet by 17.5 feet, and a vertical clearance of at least seven feet), exclusive of access drives, aisles, ramps, columns or office and work area, for the storage of one passenger automobiles or commercial vehicles under two-ton capacity.
PARKWAY TREES. Trees which are planted in the public right-of-way.
PARTY WALL. A wall which is common to but divides contiguous buildings.
PEDESTRIAN SIGN. A sign intended primarily for viewing by pedestrian traffic, displayed as a wall sign, window sign or window display.
PERFORMANCE STANDARD. A criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, and glare or heat generated by, or inherent in uses of land or buildings.
PERSON. An individual, partnership, corporation, joint stock association or joint venture, and includes any trustee, receiver, assignee or personal representative.
PLACE. An open unoccupied space other than a street or alley, permanently reserved as the principal means of access to abutting property.
PLAN COMMISSION. The Plan Commission as established in the town zoning chapter.
PLANNED DEVELOPMENT. A parcel or tract of land, initially under single ownership or control to be developed as a unified project and single entity which contains two or more principal buildings and more than one principal use, the plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage or required open space to the regulations in any one district established by this zoning chapter.
PLANNED UNIT DEVELOPMENT.
(1) A parcel of land or contiguous parcels of land of a size sufficient to create its own character, controlled by a single landowner or by a group of landowners in common agreement as to control, to be developed as a single entity, the character of which is compatible with adjacent parcels, and the intent of the zoning district or districts in which it is located; the developer or developers may be granted relief from specific land use regulations and design standards and may be awarded certain premiums in return for assurances of an overall quality of development, including any specific features which will be of exceptional benefit to the town as a whole and which would not otherwise be required by the zoning chapter.
(2) The areas of PLANNED UNIT DEVELOPMENT shall remain under one ownership or unified control unless safeguards are provided that, in the opinion of the Town Attorney, will provide the continuation of the original planned development concept and any modification as recommended by the Plan Commission and approved by the Town Council.
PRACTITIONER. A person licensed by the state to practice medicine or other healing arts.
PRE-CODE. Uses established prior to April 1, 1931.
PREFERRED FREQUENCIES. Those frequencies in Hertz preferred for acoustical measurements which, for the purposes of this regulation, consist of the following set of values: 20, 25, 31.5, 40, 50, 63, 80, 100, 125, 160, 200, 250, 315, 400, 500, 630, 800, 1,000, 1,250, 1,600, 2,000, 2,500, 3,150, 4,000, 5,000, 6,300, 8,000, 10,000 and 12,500.
PREMISES. A distinct portion of real estate, land or lands with or without buildings or structures. It may or may not have the same meaning as “lot”, “building” or “structure”.
PRINCIPAL STRUCTURE. A structure in which a principal use of the lot on which the structure is located is conducted.
PRINCIPAL USE. The main use of land or structures as distinguished from a subordinate or accessory use.
PROJECTING SIGN. A sign other than a wall sign which projects from and is supported by a wall of the building or structure.
PROPRIETARY INTEREST. Private ownership of a given plot of land.
QUASI-PUBLIC USES. Land or building uses that combine a public and private function, such as museums and parks.
RECYCLING CENTER. An establishment primarily engaged in the storage, sale, dismantling or other processing of used or waste materials which are not intended for re-use in their original forms, such as automotive wrecking yards, metal salvage yards, or paper, glass or plastic salvage yards.
REHAB FACILITIES. A building or portion thereof where a group of persons are admitted for periods of more than one day for the primary purpose of taking a program of physical rehabilitation.
REPLACEMENT COST. The cost to build a structure which has been destroyed or partially destroyed with a new structure which conforms to modern building standards and which is otherwise substantially similar to the structure which was destroyed or partially destroyed. Calculation of the replacement cost shall be based on the most current Building Valuation Data Report as published in the most current copy of BOCA - The Building Official and Code Administration Magazine.
RESIDENTIAL CLUSTER DEVELOPMENT. A development which allows various dwelling unit types including single-household detached, single-household attached and stacked units, a flexibility of dwelling unit placement which encourages the preservation of natural open space.
RESIDENTIAL DISTRICT OR ZONE. Any one or all of the A1, RL, R1, R2, R3 and R4 Districts.
RESIDENTIAL DISTRICT SPECIAL USE SIGN. A freestanding ground or wall sign, approved by the Town Council, located on a property that has been granted a special use in a residential district by the Town Council. RESIDENTIAL DISTRICT SPECIAL USE SIGNS may be a maximum of 20 square feet and have a maximum height of five feet.
RESIDENTIAL SIGN DISTRICT. Those parts of the town which are located in zoning base districts A1, RL, R2, R3, R4 and any associated overlay districts according to the official zoning map are designated as RESIDENTIAL SIGN DISTRICTS.
RESTAURANT, STANDARD. Any restaurant facility where the consumption of food, frozen desserts or beverages within a motor vehicle parked upon the premises, or at other facilities outside of the restaurant building is posted as being prohibited and such prohibition is strictly enforced by the restaurant
ROOF LINE. Either the edge of the roof or the top of the parapet which ever should be joined forms the top line of the building silhouette and, where a building has several roof levels, this roof or parapet shall be the one belonging to that portion of the building on whose wall the sign is located.
ROOMING HOUSE/BED AND BREAKFAST. Any building in which three or more persons either individually or as families are housed or lodged for compensation with or without meals. A boarding house or furnished room house shall be deemed a ROOMING HOUSE.
SATELLITE ANTENNA, PRIVATE. Any accessory structure capable of receiving, for the sole benefit of the principal use, radio or television signals from a transmitter or a transmitter relay located in planetary orbit. This definition includes, but is not limited to, satellite receivers, satellite dish antennas, direct broadcast systems (DBS) and television reception only systems (TVROS).
SATELLITE DISH ANTENNA. A device or instrument, designed for television or other electronic communications signal broadcast or relayed from an earth satellite. It may be a solid, open mesh or bar-configured structure, typically eight feet in diameter, in the shape of a shallow dish or parabola.
SERVICE ORGANIZATION SIGN. A sign which identifies a service organization which regularly functions within the town such as the Rotary Club, the Kiwanis Club and the like.
SETBACK. A line parallel to the dedicated right-of-way line, or parallel to the private street edge of pavement, at a distance from it as regulated by this chapter. This is a line over which no part of any building may extend.
SHADE TREE. A tree with a broad spreading canopy which generally reaches a mature height in excess of 30 feet. Provides for screening, shade and visual enhancement at higher elevations.
SHORT FORM COMPLAINT. Standard form “ticket” citation or summons form adopted by the Zoning Administrator which conforms to the rules of the Indiana Supreme Court.
SHRUB CLUSTER. A group of at least five individual shrubs. Shrubs shall be spaced so that they achieve a full continuous mass within five years of planting.
SIGHT TRIANGLE. The imaginary triangular area formed at a street corner by projecting the curb lines of the two intersecting streets to where the two projected lines would cross. From that intersecting point one measures 25 feet back along both curbs and then the two end points are then connected. Within this imaginary triangle, no visual obstructions taller than three feet are allowed.
SIGN. Any object, device, display or structure, or part thereof, situated outdoors or indoors, that is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images.
SIGN, HISTORIC. Any sign which is significant because it is part of a structure, or site which is important because of its historic significance, or which is it self significant because it is important, famous or decisive in history.
SINGLE-HOUSEHOLD ATTACHED STRUCTURE. A group of two or more dwelling units attached by a wall, which is one or more stories in height, with each dwelling unit accessible by its own separate exterior entrance at grade level.
SINGLE-HOUSEHOLD DETACHED STRUCTURE. A freestanding single-household dwelling unit.
SITE REVIEW ADVISORY COMMITTEE. An administrative and technical review body.
SNIPE SIGN. Any non-governmental sign of any material whatsoever that is attached in any way to a utility pole, tree or any object located or situated on public right-of-way. No SNIPE SIGNS shall be allowed in the town.
STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it, then the space between such floor and the ceiling next above it.
STORY, HALF. A story under a gable, hip or gambrel roof, the wall plates of which at least two opposite exterior walls are not more than two feet above the floor of such story.
STREET. A thoroughfare which affords the principal means of access to abutting property.
STRUCTURAL ALTERATION. Any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as the addition, removal or alteration of bearing walls, columns, beams, girders or foundations.
STRUCTURE. Anything constructed or erected with a fixed location on the ground. Without limitation to the foregoing, a STRUCTURE shall include buildings, fences, walls and signs.
SUPERMARKET. A self-serve retail market selling foods and a limited selection of household merchandise.
TEMPORARY USE. A use established for a fixed period of time with the intent to discontinue such use upon the expiration of such time; and does not involve the construction or alteration of any permanent structure.
THOROUGHFARE. A major street passing through a busy business and/or commercial area. A THOROUGHFARE is characterized by lots whose rear yards abut a residential district.
TOWNHOUSE. A group or row of three or more attached single-household dwelling units extending from the basement to the roof and facing upon a street or place as herein defined.
TRAFFIC IMPACT ANALYSIS. A study and analysis of how a given use, plan or development will affect traffic in the surrounding area (circulation patterns, amount of vehicles generated, amount of trips generated and the like)
TRANSITIONAL BUFFER YARD. A landscaped yard which provides increased compatibility between incompatible land uses.
TRANSITIONAL LOT. A specified lot or lots, adjoining a specified lot, or lots, in another district. The “transitional” identification is used when special transitional regulations are applied to deal with possible conflicts of uses at district boundaries. Transitional buffer yards may be imposed at these locations to act as a buffer between uses.
UNDER CANOPY SIGN. A sign suspended beneath a canopy, ceiling, roof or marquee. The lower edge of the under canopy sign shall be a minimum of nine feet above the surface of the ground. The sign size shall be limited to a maximum 18 inches of depth, and the sign length shall be no longer than 75% of the depth of the canopy, ceiling, roof or marquee to which the sign is attached.
USE. Any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained or occupied; also, any activity, occupation, business or operation carried on, or intended to be carried on, in a structure or on a tract of land.
USE, CONDITIONAL. A use, either public or private, which because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts. After due consideration, in each case, of the impact of such use upon neighboring land and of the public need for a particular use at the particular location, such CONDITIONAL USE may or may not be granted, subject to the terms of this chapter.
USE, NONCONFORMING. Any use of land, building or structures which use is not permitted in the zoning district in which such use is located.
USE, PERMITTED. Any building, structure or use which complies with the applicable regulation of the chapter governing permitted uses in the zoning districts in which such building, structure or unit is located
USE, PRIMARY. The main use of the land, building or structure as distinguished from a subordinate or accessory use.
USE, PRINCIPAL. The main use of land or buildings as distinguished from a subordinate or accessory use. The PRINCIPAL USE may be either a permitted or special use.
VARIATION. All variations authorized by this chapter which are not minor variations shall be considered major variations.
VARIATION, MAJOR. All variations authorized by this chapter which are not minor variations shall be considered MAJOR VARIATIONS.
VARIATION, MINOR. Variations from height, yard, bulk, lot area and fence height provisions of this chapter that are less than 20% of the required standard. For example, a variation from a required 20-foot yard setback in an amount of not less than four feet is a MINOR VARIATION.
VISITOR. Any individual present at the site of the home occupation for commercial reasons related to the home occupation other than actual residents of the dwelling unit, governmental officials and employees. The term shall include clients, patrons, pupils, suppliers, sales persons, delivery persons and the like.
WALL SIGN. A sign fastened to the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign.
WAREHOUSE. A structure, or part thereof, or area used principally for the storage of goods and merchandise.
WINDOW DISPLAY. One or more signs in a display window which are incorporated with a display or merchandise or relating to services offered but which are not affixed to any window.
WINDOW SIGN. A sign which is affixed to, or in contact with the glass surface of a window or the glass surface of a door and is visible from the public street.
WORK OF ART. An object other than a sign which is valued primarily for its decorative or illustrative qualities.
YARD. An existing or required open space on the same lot with a principal building, and lying along the adjoining lot lines, open, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a YARD for the purpose of determining the width of a side yard, the depth of the front yard or the depth of the rear yard, the mean horizontal distance between the lot line and the main building shall be used.
(1) YARD, CORNER SIDE. The minimum yard required on corner lots between any building and the property line adjacent to the street upon which the lot has the greater lineal dimension. This yard may be observed when no other lots with frontage on this street have, or have the ability to have, a building fronting on this street.
(2) YARD, FRONT. The minimum horizontal distance between the property line and any buildings, or any projection thereof, other than the projection of the usual steps or entrance way and extending for the full width of the lot.
(3) YARD, REAR. A space, unoccupied, except by a building of accessory use as herein provided extending for the full width of the lot between the area lot line and the extreme rear line of the principal building. On corner lots, the REAR YARDS shall be considered as parallel to the street upon which the lot has its least dimension. On interior lots, the REAR YARD shall in all cases be at the opposite end of the lot from the front yard.
(4) YARD, SIDE. A yard between any building and the side line of the lot and extending from the front lot line to the rear yard line.
ZONING ADMINISTRATOR. Appointed official of the town who performs duties of Zoning Administrator as they are defined in this and other ordinances.
ZONING COMPLIANCE CERTIFICATE. A certificate issued by the Zoning Administrator certifying that a lot, structures thereon and a proposed use complies with the requirements of this chapter. Same as IMPROVEMENT LOCATION PERMIT.
ZONING EXCEPTION CERTIFICATE. May be issued by the Zoning Administrator for any zoning lot which has a nonconforming use or structure which may be maintained because relief has been granted from any of the provisions of this code due to one or more of the following:
(1) Its establishment as a lawful, nonconforming building;
(2) Its establishment as a lawful special use;
(3) The granting of a variation by the Board of Zoning Appeals; or
(4) Court action.
ZONING MAP. A delineation of the boundaries of areas or divisions of the town for the purpose of regulating, limiting and determining the height and bulk of buildings, the intensity of the use of lot area, the areas of open spaces about the surrounding buildings for the purpose of classifying, regulating and restricting the location of trades and industries, and buildings designed for specified industrial, business and residential uses, and which map is attested to and is on file in the office of the Town Clerk-Treasurer.
(Ord. 1997-1, § 130.12, passed 1-22-1997; Ord. 2001-14, passed 8-22-2001)