The following terms or words used in the text of this chapter shall have the following meanings, unless a contrary meaning is either required by the context of a particular sentence or phrase or specifically prescribed in a particular sentence or phrase.
ABANDONED. A condition that exists after a voluntary act or failure to act by the owner of a nonconforming use which evidences that the owner neither claims nor retains the right to exercise the nonconforming use.
ACCESS. The way in which vehicles ingress and egress a lot from a street fronting along the lot.
ACCESS DRIVE. That area within the right-of-way between the pavement edge or curb and the right-of-way line to provide ingress and egress to and from a lot.
ACCESSORY (STRUCTURE, BUILDING, OR USE). A subordinate structure, building, or use that is customarily associated with, and is appropriately and clearly incidental and subordinate in use, size, bulk, area and height to the primary structure, building, or use, and is located on the same lot as the primary building, structure, or use.
ACCESSORY PARKING LOT. See PARKING LOT, ACCESSORY.
ADULT CABARET. See CABARET, ADULT.
AGRICULTURAL NONCONFORMING USE. An agricultural use of land that is not permitted under this chapter, including any amendments hereto.
AGRICULTURAL USE. An operation which consists of the following uses, individually or in combination: the production of livestock or livestock products, commercial aquaculture, equine or equine products, land designated as a conservation reserve plan, pastureland, poultry or poultry products, horticultural or nursery stock, fruit, vegetables, forage, grains, timber, trees, bees and apiary products, tobacco, or other agricultural crops; uses accessory to agricultural operations on the site; or uses accessory to agricultural operations in the area.
ALLEY, PRIVATE. A private right-of-way for public use as a secondary means of public access to a lot otherwise abutting upon a public street or private street and not intended for traffic other than public services and circulation to and from the lot.
ALLEY, PUBLIC. Any public right-of-way which has been dedicated or deeded to and accepted by the public for public use as a secondary means of public access to a lot otherwise abutting upon a public street and not intended for traffic other than public services and circulation to and from the lot.
AMUSEMENT ARCADE. Any establishment which keeps, maintains, or operates for hire on the premises 4 or more amusement devices, including by way of example: automatic baseball court, shooting gallery, pinball machines, tenpin machines, electronic or video game machines, prize machines, and the like. An establishment which has 4 or more amusement devices, and which establishment does not dedicate and/or derive its business and/or income primarily from these amusement devices, shall not be considered a controlled use.
AMUSEMENT CENTER. Any indoor and/or outdoor establishment which keeps, maintains, or operates for hire on the premises 1 or more recreational activities, including by way of example: go-cart tracks, skateboard facilities, water slides, model car or model railroad tracks, ice and roller skating rinks, and the like. Establishments of this type generally charge fees for each activity, and may include food, beverage, amusement arcade, and waiting areas.
AMUSEMENT PARK. A primarily outdoor establishment which keeps, maintains, and operates on the premises 1 or more recreational activities, including by way of example: roller coasters, water
slides, merry-go-rounds, plays, dance shows, and any and all assortment of mechanical rides, amusement booths, restaurants, and snack areas. Establishments of this type generally have controlled access to the entire facility, and have a general admission charge. Selected venues within the park may have additional fees and/or charges and may include elements of an amusement arcade and an amusement center.
ANTENNA. Any structure or device designed and used to:
(1) Receive direct broadcast satellite service, including direct-to-home satellite services;
(2) Receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services;
(3) Receive radio or television broadcast signals; or
(4) Collect or radiate electromagnetic waves, including both directional antennas, such as panel antenna, and dish antenna, and omnidirectional antennas, such as whip antennas, but not including satellite earth stations.
ANTENNA ARRAY. A structure attached to a telecommunications tower that supports a telecommunications antenna.
ANTENNA, DISH. A dish shaped device which may be freestanding or mounted on a building or structure and is designed to receive direct broadcast satellite service.
ANTENNA, FLAGPOLE. A telecommunications tower designed to appear and function as a large diameter flagpole where panel antenna are integrally designed into and located inside of a telecommunications tower and are not visible from the exterior. A FLAGPOLE ANTENNA may or may not include flying of a flag. FLAGPOLE ANTENNA may be ground mounted or roof mounted.
ANTENNA, NON-WHIP. An antenna which is not a whip antenna, such as dish antennas, panel antennas, and the like.
ANTENNA, PANEL. A flat, rectangular antenna or antenna array designed to concentrate a radio signal in a particular area. Panel antenna are also known as directional antenna or sectored antenna.
ANTENNA, RADIO/TELEVISION. A wire or combination of wires and support structures designed for directly transmitting electric waves (broadcast radio or television) into space, or receiving them therefrom.
ANTENNA, SLICK. Panel antennas that are mounted directly to tapering monopole telecommunications tower where the furthest point of the panel antenna is no greater than 18 inches from the exterior of the tapering monopole telecommunications tower.
ANTENNA, STEALTH. An antenna or antenna array placed on or in an existing or proposed building, structure, or telecommunications tower and designed or placed in a manner intended to disguise, hide, or minimize the appearance of the antenna or antenna array. A STEALTH ANTENNA may or may not have a secondary function (e.g., bell tower, church steeple, spire, flagpole, clock tower, cupola, and the like). STEALTH ANTENNA may include, but are not limited to: flagpole antenna; slick antenna; or a surface-mount antenna with a color and appearance that is compatible with or blends with the color and materials of the surface of the building or structure to which the surface-mount antenna is attached.
ANTENNA, TELECOMMUNICATION. An antenna used to provide a telecommunications service.
ANTENNA, WHIP. An omnidirectional dipole antenna of cylindrical shape which is no more than 6 inches in diameter.
APPROVED HOTEL. See HOTEL, APPROVED.
AREA BOARD OF ZONING APPEALS. The Board of Zoning Appeals having jurisdiction over all real property within the town.
AREA PLAN COMMISSION. The Area Plan Commission of St. Joseph County, established pursuant to the Area Planning Law of the state.
ARTIFICIAL LAKE. Either:
(1) An artificially created body of water which is not required in connection with a storm water management system; or
(2) That portion of an artificially created body of water developed in connection with a storm water management system which exceeds the capacity required to manage the 100-year storm event.
ASSEMBLY (when used in reference to an industrial operation). The fitting together of previously manufactured parts or sub-assemblies, that does not require additional manufacturing or machining, into a finished item or unit.
AUTHORIZED AGENT. Any party duly authorized in writing by the owner of a subject parcel to act on the owner’s behalf with respect to any development petition, including but not limited to a petition for: zone map change; platting of a subdivision; development plan approval; variance; special exception use; or vacation of land in a plat.
AUTOMOBILE REPAIR, MAJOR. Servicing and repairs which include muffler repair or installation, brake repair or installation, shock replacement, transmission repair, tire recapping, motor overhaul, or body or fender repair work (not including the dismantling or wrecking of motor vehicles, or the storage of inoperable, damaged, or wrecked vehicles, other than those awaiting immediate repair).
AUTOMOBILE REPAIR, MINOR. Servicing and repairs limited to tune-ups, oil changes, sale and installation of lubricants, tires, batteries, and other minor maintenance operations.
AWNING. A roof-like cover, often of fabric, metal, plastic, fiberglass, or glass designed and intended for protection from the weather or as a decorative embellishment, and which is supported by and projects from a wall or roof of a building or structure over a window, door, sidewalk, walkway, or the like.
BANNER. See SIGN, BANNER.
BAR. A premises used primarily for the sale or dispensing of liquor by the drink for on-site consumption, and where packaged liquor may be sold or food may be available for consumption on the premises as accessory to the primary use.
BASEMENT. That portion of a building with an interior vertical height clearance of not less than 78 inches and having 1/2 or more of its interior vertical height clearance below grade level.
BED & BREAKFAST. The commercial leasing of bedroom(s) for guest(s) within a private, owner-occupied, single family dwelling unit or 2 family dwelling unit. Such leasing provides temporary accommodations, typically including a morning meal, to overnight guests for a fee. The leasing may also provide for the temporary accommodation of daytime meetings or receptions for guests for a fee. The leasing caters largely to tourists and the traveling public.
BILLIARD HALL. See POOL HALL.
BINGO. A game of chance as defined in I.C. 4-32.3-2-3, and all other games of chance or other allowable events as regulated by I.C. 4-32.3.
BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines, or municipal boundary lines.
BLOCK FACE. The frontage of a block, which may contain 1 or more lots, along 1 side of a public street or private street between intersections.
BOARD OF ZONING APPEALS. See AREA BOARD OF ZONING APPEALS.
BOARDING HOUSE. A building or part of a building, other than hotels, motels, restaurants, bed & breakfast, or multifamily dwellings, containing accommodation facilities in common where lodging, typically with meals reserved solely for the occupants thereof, is provided, whether or not for compensation.
BUFFERYARD. See RESIDENTIAL BUFFERYARD.
BUFFERYARD, FRONT. See RESIDENTIAL BUFFERYARD, FRONT.
BUFFERYARD, REAR. See RESIDENTIAL BUFFERYARD, REAR.
BUFFERYARD, SIDE. See RESIDENTIAL BUFFERYARD, SIDE.
BUILDABLE AREA. The area of a lot remaining after the minimum yard and lot area requirements of this chapter have been met and in which development may occur subject to compliance with all applicable development standards.
BUILDING. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods, or materials of any kind or nature.
BUILDING COMMISSIONER. The Building Commissioner of the Town of New Carlisle.
BUILDING HEIGHT. The vertical distance measured from the average elevation of the proposed finished grade at the front of the building or structure to the highest point of the building (typically the roof) or structure; provided, however, appurtenances such as chimneys, spires, cupolas, steeples, antenna attached to a building or structure shall not be included in the calculation of building height.
BUILDING LINE. A line parallel to any front lot line, side lot line, or rear lot line which passes through the nearest point of any building or structure.
BUILDING LINE, FRONT. A line parallel to any front lot line which passes through the nearest point of any building or structure and terminates at the point of contact with any side lot line.
BUILDING LINE, REAR. A line parallel to any rear lot line which passes through the nearest point of any building or structure and terminates at the point of contact with any side lot line.
BUILDING LINE, SIDE. A line parallel to any side lot line which passes through the nearest point of any building or structure and terminates at the point of contact with any front lot line or rear lot line.
BUILDING MATERIAL. Exterior surface materials, exclusive of materials used for: windows; doors; roofing; fascia; soffit; balconies; railings; handrails; stairs; foundations; vents; and support beams or columns less than 18 inches in width.
BUILDING PERMIT. A permit issued in compliance with the terms and provisions of the Building Code for the town.
BUS. A motor vehicle designed for carrying more than 10 passengers, exclusive of the driver.
BUSINESS. An enterprise involving selling, storing or processing goods or commodities or the rendering of services.
BUSINESS DAY. A day when the offices of the town and the Area Plan Commission of St. Joseph County are open to the public for the transaction of business for the entire period of its normal operating hours.
CABARET. A commercial establishment where persons congregate for the purpose of eating, drinking, dancing or singing and where live musical or live entertainment is provided.
CABARET, 21 & OVER (a.k.a. CLASS A CABARET). Any cabaret, not including an adult cabaret or a family cabaret, or family restaurant with lounge, which has on the premises an area where:
(1) Alcoholic beverages are sold, bartered, exchanged, given away, or furnished; and
(2) From which minors are excluded pursuant to I.C. 7.1-5-7-9, 7.1-5-7-10 and 7.1-5-7-11.
CABARET, FAMILY (a.k.a. CLASS C CABARET). Any cabaret in which minors are not excluded pursuant to I.C. 7.1-5-7-9, 7.1-5-7-10, and 7.1-5-7-11, and which is not a 21 & over cabaret, an adult cabaret, or a family restaurant with lounge.
CALIPER. The diameter of a tree trunk, measured in inches, at 6 inches above the ground.
CANOPY. A roof-like cover, often of fabric, metal, plastic, fiberglass, or glass on a support, which is supported in total or in part, from the ground and providing shelter over, for example, a doorway, outside walk, interior access drive, or parking area.
CANOPY, VEHICULAR. A roofed, open, drive-through structure designed to provide temporary shelter for vehicles and vehicle occupants while receiving a business service.
CARE GIVER. See DWELLING, CARE GIVER.
CARE RECEIVER. See DWELLING, CARE RECEIVER.
CARPORT. A roofed structure designed and intended to shelter the automotive vehicle of occupant or owner of the premises, with at least 1 side open to the weather.
CASINO. A building, facility or room where any gambling games, not operated by a qualified organization are conducted. (For reference see I.C. 4-32.3 et seq.)
CERTIFICATE OF OCCUPANCY. A certificate issued authorizing an occupancy under the local Building Codes of the town.
CHILD CARE. A service that provides for the care, health, safety, and supervision of a child’s social, emotional, and educational growth.
CHILD CARE CENTER. A nonresidential building where at least 1 child receives child care from a provider:
(1) While unattended by a parent, legal guardian, or custodian;
(2) For regular compensation; and
(3) For more than 4 hours but less than 24 hours in each of 10 consecutive days per year, excluding intervening Saturdays, Sundays, and holidays.
CHILD CARE HOME.
(1) A residential structure in which at least 6 children (not including the children for whom the provider is a parent, stepparent, guardian, custodian, or other relative or any child who is at least 14 years of age and does not require child care) at any time receive child care from a provider:
(a) While unattended by a parent, legal guardian, or custodian;
(b) For regular compensation; and
(c) For more than 4 hours but less than 24 hours in each of 10 consecutive days per year, excluding intervening Saturdays, Sundays, and holidays.
(2) The term includes:
(a) A Class I child care home; and
(b) A Class II child care home as defined in state law.
CHILD CARE MINISTRY. Child care operated by a church or religious ministry that is a religious organization exempt from federal income taxation under Section 501 of the Internal Revenue Code.
CHILD CARE PROGRAM, SCHOOL AGE. A program operated by a school corporation or a nonprofit organization that offers care to children who are at least 5 years of age but less than 15 years of age for the following periods of time:
(1) Before or after the school day, or both;
(2) When school is not in session; or
(3) When school is in session for students who are enrolled in a half-day kindergarten program.
CLASS A CABARET. See CABARET - 21 AND OVER.
CLASS B CABARET. See CABARET - ADULT.
CLASS C CABARET. See CABARET - FAMILY.
CLUB. An association or corporation:
(1) Organized, in good faith, under authority of law;
(2) Maintaining, in good faith, a membership roll of paid-up membership:
(3) Owning, leasing, or occupying an establishment operated solely for objects of a nation, social, patriotic, religious, political, or athletic nature, or the like;
(4) Not operated for pecuniary gain;
(5) With property and advantages of the organization belonging to its members;
(6) Where the sale or provision of alcoholic beverages, if undertaken, is done pursuant to a club permit issued by the State Alcoholic Beverage Commission.
CO-LOCATION. The placement of 2 or more antenna or antenna arrays by telecommunication service providers on a common support structure.
COMMITMENT. A legally binding, written restriction on the use and development of real estate entered into in connection with a petition for: zoning map change; development plan approval; special exception; or variance.
COMPREHENSIVE PLAN. The Comprehensive Plan for the town or any supplemental or replacement comprehensive plan subsequently recommended by the Area Plan Commission and adopted by the Town Council pursuant to state law.
CONCEPT PLAN. An informal site plan of a proposed subdivision, project, planned unit development or other development intended to convey the scope, content and nature of a proposed development, but lacking sufficient detail to determine compliance with chapter requirements.
CONCEPT PLAN REVIEW. A cursory review of a concept plan or sketch plan for a proposed subdivision, project, planned unit development or other development in which staff provides initial review comments to a prospective petitioner on the design and layout of a proposed subdivision, project, planned unit development or other development.
CONDOMINIUM. A building, group of buildings, or portion thereof, in which units are owned individually, and the structure, common areas, or facilities are owned by all the owners on a proportional, undivided basis. (For reference see I.C. 32-25.)
CONFORMING. The state of being in compliance with the permitted use or development standards regulations of the district to which the real estate is zoned pursuant to this chapter.
COTTAGE BUSINESS/RESIDENTIAL. A business operated out of the same building or tenant space as the primary dwelling unit of the proprietor when located in a district which permits such mixed-use occupancy.
COTTAGE SCHOOL. A private school which:
(1) Provides educational services for a maximum of 6 children at a time;
(2) Is operated in a residential property; and
(3) Provides educational instruction for students between and including grades K - 12.
COUNTRY CLUB. Land area and buildings containing golf courses, recreational facilities, clubhouse, and customary accessory uses, open only to members and their guests.
CUTOFF. A luminaire where light distribution does not exceed:
(1) Two and one-half percent above an angle of 90 degrees; and
(2) Ten percent at an angle between 80 degrees and 90 degrees.
CUTOFF, FULL. A luminaire equipped with a light fixture (i.e., lamp, lens, reflective surface, and the like) that does not protrude below the bottom edge of the light fixture and is designed so that:
(1) No light is emitted above an angle of 90 degrees; and
(2) Light distribution does not exceed 10% at an angle between 80 degrees and 90 degrees.
CUTOFF, NON. A luminaire where light distribution is unrestricted.
CUTOFF, SEMI. A luminaire where light distribution does not exceed:
(1) Five percent above an angle of 90 degrees; and
(2) Twenty percent at an angle between 80 degrees and 90 degrees.
DECK. A ground-supported, unenclosed, platform accessory structure, usually constructed of wood, of which any permanent horizontal area(s) of the platform is raised above grade level and is designed and intended for the recreational enjoyment of the occupant(s) and guest(s) of the primary use or structure.
DETAILED TERMS. The uses and development standards specified in a PUD District ordinance with sufficient information from which to determine if an improvement location permit application is in compliance with the use, area and bulk regulations specified in the PUD District ordinance. Specific information including but not limited to: permitted uses; gross density; frontage; setbacks; minimum yards; use of yards; building height; parking area requirements; loading area requirements; landscaping requirements; signs; open space; building design and appearance requirements; and the like, is provided.
DEVELOPED RECREATIONAL OPEN SPACE. The total horizontal area of those portions of a lot which are located outside of any required yard and which are set aside and developed for the recreational use and enjoyment of all residents of a project.
DEVELOPMENT PETITION. Any petition or review process required by this chapter prior to the issuance of a improvement location permit, including but not limited to petitions for: zone map changes; variances; special exception uses; primary plats; secondary plats; re-plats; vacations; or development plans.
DEVELOPMENT PLAN. Specific plans development of property filed in connection with development incentives review under the terms of this chapter. A DEVELOPMENT PLAN may include but not be limited to: a site plan; landscape plan; signs; lighting plans; building elevations; and pedestrian and vehicular circulation plans, which are reasonably necessary to depict or describe certain information and data as required by this chapter.
DEVELOPMENT REQUIREMENTS. Permitted uses, development standards and any additional requirement specified in this chapter which must be satisfied in connection with the approval of a development plan.
DEVELOPMENT STANDARDS. Area, bulk, height, setback, parking, loading, landscaping, lighting, performance standards, building materials, pedestrian and vehicular circulation, and other applicable regulations of a district contained in this chapter which govern the physical development of real estate.
DIRECTOR. See EXECUTIVE DIRECTOR.
DISTRICT. Any zoning district or overlay district applicable to a section of the territory within the jurisdiction of this chapter.
DISTRICT, OVERLAY. A section of the territory within the jurisdiction of this chapter in which additional requirements are imposed on certain properties within one or more underlying zoning district.
DISTRICT, ZONING. A section of the territory within the jurisdiction of this chapter for which uniform regulations over the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land, including, but not limited to: permitted uses; height; area; size; and intensity of use of buildings, structures, land, and open spaces about buildings or structures, are established by this chapter.
DRAINAGE POND. An artificially created body of water which is required in connection with a storm water management system.
DRIVE, INTERIOR ACCESS. A way for internal vehicular movement in and around an individual lot or integrated center.
DRIVE-THROUGH FACILITY. A feature of an establishment which typically includes an opening in the exterior of the building, or the use of pneumatic dispatch or similar devices, which encourage or permit customers to receive goods or services while remaining in or on a motor vehicle.
DRIVEWAY. Access for vehicular egress/ingress between the right-of-way of a public street or private street and the minimum required setback line on a lot.
DRIVEWAY, INTERIOR ACCESS. A way for vehicular egress/ingress between the minimum required setback lines of separate lots or between lots within the boundaries of an integrated center.
DWELLING. Any building, or portion of a building, which is designed or used primarily for residential purposes, including a single family dwelling, 2 family dwelling, and multifamily dwelling but not including hotels, motels, boarding houses, lodging houses, and bed & breakfast.
DWELLING, ACCESSORY. A dwelling unit which is subordinate and incidental to the primary use of a lot for a single family dwelling.
DWELLING, CARE GIVER. A second dwelling unit located on a lot in a Residential District which permits only 1 single family dwelling as a matter of right and which is:
(1) Occupied by a family who provides weekly assistance to the family residing in the permitted single family dwelling; and
(2) Approved by the Board of Zoning Appeals through the grant of a special exception.
DWELLING, CARE RECEIVER. A second dwelling unit located on a lot in a Residential District which permits only 1 single family dwelling as a matter of right and which is:
(1) Occupied by a family who receives weekly assistance from the family residing in the permitted single family dwelling; and
(2) Approved by the Board of Zoning Appeals through the grant of a special exception.
DWELLING, MANUFACTURED HOME. A dwelling unit which is fabricated in one or more modules at a location other than the home site, by assembly-line type production techniques or by other construction methods unique to an off-site manufacturing process.
DWELLING, MOBILE. A movable or portable dwelling unit that:
(1) Is fabricated in 1 or more modules at a location other than the home site, by assembly-line type production techniques or by other construction methods unique to an off-site manufacturing process;
(2) Is designed for occupancy by 1 family;
(3) Is erected or located as specified by the town Building Code; and
(4) Was either:
(a) Constructed prior to June 15, 1976; or
(b) Constructed subsequent to or on June 15, 1976 and bears a seal, certifying that it was built in compliance with the Federal Mobile Home Construction and Safety Standards law.
DWELLING, MODULAR HOME. A dwelling unit which is fabricated in 1 or more modules at a location other than the home site by assembly-line type production techniques or by other construction methods unique to an off-site manufacturing process, provided that the dwelling unit must have been built in compliance with the Indiana One and Two Family Dwelling Code and the Town Building Code.
DWELLING, MULTIFAMILY. A building consisting of 3 or more dwelling units, including condominiums, with varying arrangements of entrances and party walls.
DWELLING, SINGLE FAMILY. An individual, detached building containing 1 dwelling unit which is either:
(1) Built in compliance with the Indiana One and Two Family Dwelling Code and the Town Building Code;
(2) A modular dwelling; or
(3) A manufactured home dwelling.
DWELLING, TWO FAMILY. A building consisting of 2 dwelling units which may be either attached side by side or one above the other, and each dwelling unit having a separate or combined entrance.
DWELLING UNIT. A room or group of rooms designed and equipped exclusively for use as living quarters for only 1 family and its household employees, including provisions for sleeping, lawful cooking, and sanitary facilities. The term shall include mobile dwellings, modular dwellings and manufactured dwellings but shall not include recreational vehicles.
EIA-222. Electronics Industries Association Standard 222, “Structural Standards for Steel Antenna Towers and Antenna Support Structures.”
ELECTRONIC VARIABLE MESSAGE SIGN (EVMS). See SIGN, ELECTRONIC VARIABLE MESSAGE.
ESCORT. A person who, for consideration, agrees or offers to act as a date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY. A person or business who furnishes, offers to furnish, or advertises to furnish escorts as a primary business purpose for a fee, tip, or other compensation.
EXECUTIVE DIRECTOR. The Executive Director of the Area Plan Commission of St. Joseph County, or the designee of the Executive Director of the Area Plan Commission of St. Joseph County.
FAÇADE. That portion of any exterior elevation of a building, extended from grade to the top of the parapet wall or eaves, and extending the entire width of the building elevation.
FAÇADE, FRONT. The façade of a building which is oriented toward a front lot line of the lot on which the building is located.
FAÇADE, REAR. The façade of a building oriented toward a rear lot line of a lot on which the building is located.
FAÇADE, SIDE. The façade of a building oriented toward a side lot line of a lot on which the building is located.
FAMILY. One or more persons related by blood, marriage, legal adoption, foster care or guardianship, living and cooking together as a single housekeeping unit, exclusive of incidental domestic servants and temporary, non-compensating guests; or not more than 2 persons not so related, living and cooking together as a single housekeeping unit. A person or persons residing with a family as hereinabove defined by reasons of placement by a publicly licensed placement agency shall be considered as members of that FAMILY.
FAMILY RESTAURANT. See RESTAURANT, FAMILY.
FAMILY RESTAURANT WITH LOUNGE. See RESTAURANT, FAMILY, WITH LOUNGE.
FLAG. See SIGN, FLAG.
FLOOR AREA.
(1) For single family dwellings and 2 family dwellings, the sum of all horizontal surface areas of all floors of all roofed portions of a building enclosed by and within the surrounding exterior walls or roofs, or the centerline(s) of party walls separating the buildings or portions thereof. The floor area of such a building shall exclude all areas with a vertical height clearance less than 78 inches, exterior open balconies, and open porches.
(2) For multifamily dwellings, the sum of all horizontal surface areas of all floors of all roofed portions of all buildings enclosed by and within the surrounding exterior walls or roofs, or the centerline(s) of party walls separating the buildings or portions thereof. However, the floor area of such a building shall not include the following:
(a) All areas with a vertical height clearance less than 78 inches;
(b) All exterior open balconies and open porches;
(c) Floor area or basement floor area devoted to off-street parking or off-street loading, including aisles, ramps, and maneuvering space;
(d) Floor area or basement floor area provided for recreational uses, available to occupants of 2 or more dwelling units within a project; or
(e) Basement FLOOR AREA provided for storage facilities, allocated to serve individual dwelling units with a project.
FLOOR AREA, FINISHED. That portion of floor area constructed, completed and usable for living purposes with normal living facilities which includes sleeping, dining, cooking, sanitary, or combination thereof. A floor area or portion thereof used only for storage purposes and not equipped with the facilities mentioned above shall not be considered FINISHED FLOOR AREA.
FLOOR AREA, GROSS.
(1) For dwelling units, the total area, computed on a horizontal plane inclusive of finished basements, attached garages, entrances, hallways, stairways, and other enclosed areas, but exclusive of unfinished basements, cellars, and attics.
(2) For commercial or industrial buildings or structures, the sum of all horizontal surface areas of all floors of a building or structure measured from the exterior faces of the exterior walls or from the centerline of walls separating abutting buildings or structures.
FLOOR AREA, GROSS LEASABLE. The portion of the gross floor area which is designated for the exclusive use and occupancy of a tenant.
FLOOR AREA, MAIN. That portion of the finished floor area located on the first floor of the dwelling unit.
FOUNDATION LANDSCAPING. Landscaping installed along or in relation to the perimeter foundation of a building or structure.
FOUNDATION LANDSCAPING AREA. The area along or in proximity to the perimeter foundation of a building or structure which is required to be set aside for the installation of foundation landscaping.
FRATERNITY HOUSE. A building containing sleeping rooms, bathrooms, common rooms, and a central kitchen and dining room maintained exclusively for fraternity members and their guests or visitors and affiliated with an instruction of higher learning.
FRONT FAÇADE. See FAÇADE, FRONT.
FRONTAGE. The line of contact of an abutting property with the street right-of-way along a front lot line which allows unobstructed, direct access to the lot.
FRONTAGE STREET or FRONTAGE ROAD. See STREET, FRONTAGE.
FULL CUTOFF. See CUTOFF, FULL.
GAMBLING GAME. Any of the activities governed by the State Gaming Commission as a wagering device set forth in I.C. 4-33-2-9, as it may be amended from time to time.
GAME COURT. In Residential Districts, a type of recreation facility which consists of an unpaved or paved, accessory, surface area of ground open and essentially unobstructed to the sky, on the same lot as the primary building, designed and intended for the playing of a recognized sport as an accessory, recreational activity by the occupants and guests of the primary building, which may include fencing, screening, nets, goals, or other necessary appurtenances required for recreational use.
GARAGE. An accessory building to a residential use, or an enclosed area attached to or integrated into a residential building, which is primarily designed and intended to be used for the storage of the private vehicle(s) for the occupant(s) of the residence and is not a separate commercial enterprise available to the general public.
GARAGE, PARKING. See PARKING GARAGE.
GARAGE SALE. A public or private sale conducted by the owner or occupier of a premises of 6 or more items of personal property owned by the owner or occupier of the premises, which personal property was not acquired by the owner or occupier for the purpose of resale.
GASOLINE SERVICE STATION. Any building, land area or other premises or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels, which may include as an accessory use: minor automotive repairs; the sale and installation of lubricants, tires, or batteries; car washes; and similar uses. The establishments shall provide a facility where gasoline and other motor fuels are stored and subsequently dispensed by means of fixed, approved dispensing equipment by customers or employees.
GENERAL TERMS. The uses and development standards expressed in a PUD District ordinance (such as designations of areas in terms of: units per acre; multifamily; retail; office; and the like) which do not provide sufficient information from which to be able to determine if an improvement location permit application for a particular development is in compliance with the use, area and bulk regulations for the PUD District ordinance. Detailed information regarding: permitted uses; gross density; frontage; setbacks; minimum yards; use of yards; building height; parking requirements; loading requirements; landscaping requirements; sign information; open space; building design and appearance requirements; and the like, are not specified.
GLARE. The harsh appearance of a direct source of light as discernible from adjacent properties and which causes annoyance, discomfort or loss of visual performance and visibility.
GOLF COURSE. A tract of land laid out for at least 9 holes for playing the game of golf and improved with tees, greens, fairways and hazards, and may include a clubhouse or shelter (with ancillary pro shop, food service, locker room facilities, fitness center, and the like). See also COUNTRY CLUB.
GRADE. The average level of the finished surface of the ground 5 feet from the building, structure or proposed building pad; provided, however, when referring to “street grade” the term GRADE shall mean the slope of a street specified in percentage (%) terms.
GREENBELT. An open space along the perimeter of a development, subdivision or project which is maintained in its natural vegetative state and which, at a minimum, contains sufficient vegetation to meet or exceed perimeter landscape yard requirements.
GREENWAY. May include any of the following:
(1) A linear open space established along either a natural corridor (i.e., a riverfront, stream valley or ridge line) or over land (i.e., along a railroad right-of-way, a canal, a scenic road, or other route) converted to or available for recreational use;
(2) Any natural or landscaped course for pedestrian or bicycle passage; or
(3) An open space connector linking parks, natural features, cultural features, or historic sites with each other or with residential, employment or shopping areas, which are designated on an officially adopted plan of the town or the county.
GROUP HOME. A residential facility for children which, in addition to providing food and shelter, may also provide some combination of personal care, social services, counseling services, or transportation to residents and is licensed by the state.
GROUP RESIDENCES. A residential facility which, in addition to providing food and shelter, may also provide some combination of personal care, social services, counseling services or transportation to residents. GROUP RESIDENCES would include student housing, halfway houses, work release houses or any other similar form of residential facility for individuals which do not qualify as a family or any other form of residential facility expressly provided for in this chapter.
GUN AND GUNSMITH SHOPS. Any location where firearms or ammunition are being sold or repaired as the primary business items.
HALF STORY. See STORY, HALF.
HEDGE PLANT. A woody plant of relatively low height (not exceeding 10 to 12 feet in height), branching from the base.
HISTORIC LANDMARK. A building, structure, object, district, land use, area or site of historical significance and designated as an historic landmark on the historic preservation plan.
HISTORIC PRESERVATION. The research protection, maintenance, restoration, rehabilitation, reconstruction or development of historic landmarks and Historic Preservation Districts. For the purposes of this chapter, this definition shall apply to the preservation of exterior features only.
HISTORIC PRESERVATION COMMISSION. The Historic Preservation Commission established under the provisions of this chapter.
HISTORIC PRESERVATION DISTRICT. A geographically definable area with a significant consideration of buildings, structures, sites, spaces, or objects unified by past events, physical development, design, setting, materials, workmanship, a sense of cohesiveness, or related historic association and designated as an historic preservation district on the historic preservation plan.
HOME OCCUPATION. An occupation or business activity carried on within a legally established dwelling unit by a resident of the dwelling.
HOTEL. Any building or group of buildings containing 5 or more rooms without direct entrance to or from the outside, designed or intended to be occupied for sleeping purposes by guests for a fee, often with general kitchen and dining room facilities provided within the building or an accessory building, and which caters to the traveling public.
HOTEL, APPROVED. A hotel where gambling may be conducted, and contains: at least 250 rooms, or a lesser number established by the State Gaming Commission; an indoor public space used for exhibit space; meeting rooms; banquet rooms; restaurants; lobbies; lounges or bars; show theaters; parking areas; and shops. This definition shall also include the definition of “approved hotel” contained in I.C. 4-33-2-3, as that definition may be amended from time to time.
IMPROVEMENT. Any man-made, immovable item which becomes part of, placed upon, or is affixed to real estate.
IMPROVEMENT LOCATION PERMIT. A permit stating that the proposed erection, construction, enlargement, or moving of a building or structure, and uses thereof, complies with the provisions of this chapter, or a building permit which includes a site plan review or which authorizes the proposed erection, construction, enlargement, or movement of any sign.
INCIDENTAL. A minor occurrence or condition which is customarily associated with a permitted use and is likely to ensue from normal operations.
INDUSTRIAL PARK. An integrated center zoned for and primarily used by industrial businesses. See INTEGRATED CENTER.
INTEGRATED CENTER. An area of development (commercial/town center, industrial, or any combination of commercial/town center, industrial, and residential uses) of 1 or more lots or out lots, comprised of:
(1) Two or more individual, non-related and separately operated uses in 1 building sharing common site facilities;
(2) One or more buildings containing non-related and separately operated uses occupying a common site, which utilizes 1 or a combination of common site facilities, such as driveways, parking areas, loading areas, interior access drives, maintenance, and similar common services; or
(3) One or more buildings containing non-related and separately operated uses occupying individual sites, which are interrelated by the utilization of 1 or a combination of common facilities, such as driveways, internal public street or private street network developed in accordance with an approved master plan or preliminary plan of a subdivision, parking areas, loading areas, maintenance, or other services.
INTERIOR YARD. See YARD, INTERIOR.
JUNK YARD. Any place at which personal property:
(1) Is or may be salvaged for reuse, resale, or reduction or similar disposition;
(2) Is owned, possessed, collected, accumulated, dismantled, or assorted (including but not limited to: used or salvaged base metal or metals, their compounds or combinations; used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property except animal matter; and used motor vehicles, machinery or equipment which does not carry a current, valid license); or
(3) Is used, owned, or possessed for the purpose of wrecking or salvaging parts therefrom.
LAWFUL COOKING. A room or area in which food may be prepared and cooked and which contains the following:
(1) A kitchen sink in good working condition and properly connected to an approved water supply and approved sewer/septic system. The sink must provide an adequate amount of water under pressure, both unheated and heated to no more than 120ºF;
(2) Cabinets, shelves, counters, or tables used for storage of food, eating, drinking, or cooking equipment and utensils shall be of sound condition furnished with surfaces that are easily cleanable and that will not impart any harmful effect to food; and
(3) A stove, oven, or microwave oven for cooking food and a refrigerator for safe storage of food at temperatures less than 45ºF. These appliances shall be properly installed with all necessary connections for safe, sanitary, and efficient operation and shall be maintained in good working condition.
LEGALLY ESTABLISHED. The condition of being in compliance with all applicable development regulations at the time of recording, construction or erection of a lot, building, structure, use, or sign.
LEGALLY ESTABLISHED NONCONFORMING. See NONCONFORMING BUILDING OR STRUCTURE, LEGALLY ESTABLISHED OR NONCONFORMING USES, LEGALLY ESTABLISHED.
LIQUOR STORE. A retail establishment whose primary business, in terms of gross floor area or sales, is related to the sale of alcoholic beverages. A grocery store or drug store which sells alcoholic beverages, but whose sales of such beverages is incidental to the overall gross floor area or sales receipts of the business, shall not be considered a LIQUOR STORE.
LOADING AREA. Any area maintained and intended for the maneuvering and temporary parking of vehicles while transferring goods or materials to and from a facility. LOADING AREA includes the loading space and maneuvering area required to enter the loading space.
LOADING, OFF-STREET. A loading area located completely on a lot and accessed via interior access drives, interior access driveways, access drives, or driveways in which no individual loading spaces gain direct access to a public street or private street.
LOADING SPACE. A hard-surfaced, off-street area used for the temporary parking of a commercial vehicle while transferring goods or materials to and from a facility.
LOT.
(1) A piece, parcel, plot, or tract of land designated by its owner or developer to be used, developed or built upon as a unit under single ownership or control and may consist of:
(a) A single lot of record; or
(b) A combination of complete lots of record.
(2) For purpose of this definition, the ownership of a LOT is further defined to include:
(a) The person(s) who holds either fee simple title to the property or is a life tenant as disclosed in the records of the assessor; or
(b) A long-term lessee (but only if the lease is recorded among the records of the St. Joseph County Recorder and has a term (exclusive of non-exercised extensions and renewals) of at least 25 years remaining before its expiration at the time of applying for a permit).
(3) Provided, however, for the purposes of the Subdivision Control Ordinance, the term LOT shall mean that portion of a subdivision which is proposed to be recorded in the office of the St. Joseph County Recorder as a LOT OF RECORD.
LOT AREA. The total area of a lot bounded on all sides by any front lot line, rear lot line, and side lot line, provided, however, LOT AREA shall not include: any area lying within the right-of-way of any public street or private street or easement for surface access into the subject lot or adjoining lots; or land reserved for drainage pond, wetland, or lands subject to periodic flooding. No part of the minimum lot area required under the applicable district, commitment, variance grant, or development plan approval may be satisfied by land that is under water.
LOT, CORNER. A lot abutting 2 or more streets at their intersections, or upon 2 parts of the same street forming an interior angle of less than 135 degrees.
LOT COVERAGE. The total ground area within the lot or project covered by the primary structure plus any accessory structures (including decks over 30 inches above grade, above-ground pools, in-ground pools, garages, carports, storage sheds, or any under roof areas), excluding driveways, walkways, fences, grade level decks and patios, and walls not attached in any way to a roof.
LOT DEPTH. The distance from the midpoint of the front lot line to the midpoint of the rear lot line.
LOT, DOUBLE FRONTAGE. A lot abutting 2 parallel streets, or abutting 2 streets which do not intersect at the boundaries of the lot.
LOT, INTERIOR. A lot which is not a corner lot or a double frontage lot.
LOT LINE. The line of separation of a lot from any abutting street or adjoining lot.
LOT LINE, FRONT. The lot line separating a lot from any abutting street or limited access highway.
LOT LINE, REAR. A lot line which is opposite and most distant from the front lot line, or in the case of a triangularly shaped lot, a line 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line. However, in the case of a corner lot, any lot line which intersects with a front lot line shall not be considered a REAR LOT LINE.
LOT LINE, SIDE. Any lot line not designated as a front lot line or rear lot line.
LOT OF RECORD. A lot which is part of a final plat recorded in the office of the Recorder of St. Joseph County, or for which a deed has been so recorded prior to May 6, 1958.
LOT WIDTH. The full width of a lot measured along the minimum front yard and minimum building setback line required by this chapter.
LUMINAIRE. A complete lighting unit consisting of a lamp or lamps together with the parts designed to distribute light on any property, to position and protect the lamps and to connect the lamps to the power supply.
LUMINOUS TUBE LIGHTING. Gas-filled tubing which, when subjected to high voltage, becomes luminescent in a color characteristic of the particular gas used, e.g., neon, argon, and the like.
MANUFACTURE. The mechanical or chemical transformation of materials or substances into new products or into a useable form. MANUFACTURE may include the creation of products (including subsequent assembly of previously manufactured parts), or the blending of materials such as lubricating oils, plastics, resins, or liquors.
MANUFACTURED HOME DWELLING. See DWELLING, MANUFACTURED HOME.
MANUFACTURING RETAILER. A food sales and service establishment which where food or beverage products are produced in a limited quantity (not industrial manufacturing) sufficient to support on-site sales as a primary or accessory portion of the on-site business. Examples include confectioners, bakeries and brew pubs.
MASSAGE. The manipulation of body muscle or tissue by rubbing, stroking, kneading or tapping by hand or mechanical device.
MASSAGE BUSINESS. Any establishment or business wherein massage is practiced, including message therapy by a licensed health professional and establishments commonly known as health clubs, physical culture studios, massage studios, or massage parlors. Any MASSAGE BUSINESS which involves any specified anatomical areas or any specified sexual activities shall be deemed an adult business.
MASTER PLAN. A drawing, map, plan, or other graphic representation of an overall project, drawn to an appropriate scale by hand or other drawing method, but containing sufficient detail to depict the patterns proposed for an overall project and to determine general compliance with the use and development standards provisions of this chapter.
MAXIMUM BUILDING HEIGHT. The height which a building or structure may not exceed. See also BUILDING HEIGHT.
MET TOWER. A meteorological tower used for the measurement of wind speed.
MINI (SELF STORAGE) WAREHOUSE. A building or structure designed and used for the purpose of renting or leasing individual storage spaces to occupants who are to have access to such for the purpose of storing and removing personal property.
MINOR. A person less than 21 years of age.
MOBILE DWELLING. See DWELLING, MOBILE.
MOTEL. Any building or group of buildings containing 5 or more rooms with at least 25% of all rooms having direct entrance to and from the outside without the necessity of passing through the main lobby of the building(s), designed and intended to be occupied for sleeping purposes by guests for a fee, where general kitchen and dining room facilities may be provided within the building or an accessory building, and which caters to the traveling public.
NEIGHBORHOOD RECYCLING COLLECTION POINT. A site where individuals bring household recyclable materials to either drop off without compensation, or, to redeem the materials for monetary compensation. Beyond any limited sorting, no other processing of the materials takes place at the site. All materials are stored completely within the structure while awaiting periodic shipment to the processing facilities. While these collection points may be developed as freestanding sites, they typically are accessory uses sharing the site of a larger primary use. Possible structures for this type of operation include such recycling containers as “igloos,” reverse vending machines, trailers, or similar structures.
NIGHTCLUB. An establishment: offering liquor by the drink or food for on-site consumption; and in which music, dancing, or entertainment is conducted.
NONCONFORMING. The state of not being in compliance with the permitted use or development standards regulations of the district to which the real estate is zoned pursuant to this chapter.
NONCONFORMING BUILDING OR STRUCTURE. Any building or structure erected or constructed but which fails to conform to the present requirements of the district.
NONCONFORMING BUILDING OR STRUCTURE, LEGALLY ESTABLISHED. Any continuous, lawfully established building or structure erected or constructed:
(1) Prior to the time of adoption, revision or amendment of this chapter but which fails by reason of the adoption, revision or amendment to conform to the present requirements of the district;
(2) Pursuant to a granted variance; or
(3) Prior to a right-of-way acquisition or access rights acquisition by a governmental entity but which fails by reason of the right-of-way acquisition or access rights acquisition by a governmental entity to conform to the present requirements of the district.
NONCONFORMING USE. Any land use which fails to conform to the present requirements of the district.
NONCONFORMING USE, LEGALLY ESTABLISHED. Any continuous, lawful land use having commenced:
(1) Prior to the time of adoption, revision, or amendment of this chapter but which fails by reason of the adoption, revision, or amendment to conform to the present requirements of the district; or
(2) Pursuant to a granted variance.
NON-CUTOFF. See CUTOFF, NON.
NON-WHIP ANTENNA. See ANTENNA, NON-WHIP.
OCCUPANCY. The use to which a building or premises is devoted.
OFF-STREET. An area, typically set aside for parking or loading, which is located on private property and does not occur in the right-of-way of any public street or private street.
ON-STREET. An area, typically set aside for parking or loading, which is located within the right-of-way of any public street or private street.
OPEN SPACE. A lot, a portion of a lot or common area set aside as a playground, plaza, park, parkway, greenbelt, residential bufferyard, or other landscape area and maintained free from buildings or structures, except for those structures which are directly related to and essential to the use of the open space for recreational purposes, including, but not limited to swimming pools, play equipment for youngsters, game courts, and picnic tables. In the case of individual residential lots, open space shall be an area landscaped with grass, trees, shrubbery, or other suitable vegetative ground cover and maintained free from buildings or structures.
OUT LOT.
(1) The portion of land in a integrated center, industrial park, or other planned development which does not contain the central or primary building of the development and is:
(a) Usually located adjacent to a street or frontage street; and
(b) Is intended for the development of a smaller, additional, and separate building or buildings.
(2) In an integrated center or industrial park where there is no clearly identifiable central or primary building of the development, or where individual lots are developed independently of each other, each lot shall be considered an OUT LOT; provided, however, for the purposes of the Subdivision Control Ordinance, the term OUT LOT shall mean a non-buildable portion of a subdivision.
OUTDOOR DISPLAY AREA. The part of lot used for the display of merchandise or goods available for purchase or lease from the business located on that lot.
OUTDOOR LIGHT FIXTURE. Any outdoor electrically powered illuminating devices, outdoor light, or reflective or refractive surfaces, lamps, and similar devices, including all parts used to distribute the light or protect the lamp, permanently installed or portable, used for flood lighting, general illumination, or location identification.
OUTDOOR STORAGE. See STORAGE, OUTDOOR.
PARK. An open space designed and used by the public for passive or active recreational use.
PARK, ACTIVE. An open space improved with active recreational facilities, including but not limited to: tennis or basketball courts; softball, baseball, football, or soccer fields; slides; playgrounds, and the like, and maintained for the continued use and enjoyment of area residents.
PARK, PASSIVE. An open space improved with passive features, including but not limited to park benches, picnic tables, gazebos, and the like, and maintained for the continued use and enjoyment of area residents.
PARKWAY. An open space entirely bounded by street or pedestrian rights-of-way within a developed area.
PARKING AREA. Any area other than an open exhibition or display area (not inclusive of interior access drives, driveways, interior access driveways and access drives) intended for the temporary storage of automotive vehicles, including parking spaces and the area allocated to the egress/ingress of automotive vehicles to and from the actual parking space.
PARKING GARAGE. Any building or structure designed and intended for the storage of motor vehicles for compensation.
PARKING LOT. The primary use or accessory use of a lot or a portion of a lot for the parking of automotive vehicles.
PARKING LOT, ACCESSORY. The use of a lot in a Residential District as a parking lot where the parking lot is accessory to a permitted use which is either: located on an adjacent lot in a Commercial/Town Center District or Industrial District; or located in a Commercial/Town Center District or Industrial District separated from the lot in a Residential District by a street or alley not over 30 feet in width. Such ACCESSORY PARKING LOTS are intended to create an effective buffer between residential uses and a commercial/town center or industrial use and, where practical, are developed in compliance with all off-street parking standards and all landscaping standards applicable parking lots in a Commercial/Town Center District or Industrial District.
PARKING, OFF-STREET. A parking area located completely on a lot and accessed via interior access drives, interior access driveways, access drives, or driveways in which no individual parking spaces gain direct access to a public street or private street.
PARKING, ON-STREET. A parking area located partially or completely within the right-of-way of a public street or private street.
PARKING SPACE. That portion of the parking area used only for the temporary placement of an operable motor vehicle.
PATIO. A hard-surfaced area accessory structure to a primary use or structure of which the horizontal area is at grade level with at least 1 side open to the weather and essentially unobstructed to the sky. This area is specifically designed and intended for the recreational enjoyment of the occupant(s) and guest(s) of the primary use or structure and is not designed or intended for use by automotive vehicles.
PENNANT. See SIGN, PENNANT.
PERFORMANCE BOND. A legally binding agreement whereby the developer or subdivider posts a surety for the construction of improvements, installations, and lot improvements required by this chapter, any other applicable ordinances of the town, and any requirements, covenants, conditions, or commitments which may be imposed pursuant to this chapter.
PERMITTED USE. The use of land or the use of a building or structure on land which is allowed, either as a matter of right or under limited conditions (i.e., as a special exception use, an accessory use, a home occupation, or a temporary use) in the district applicable to the land.
PLAN COMMISSION. A commission established pursuant to I.C. 36-7-4 et seq., and which is responsible for: making recommendations regarding adoption and amendments to the Comprehensive Plan; making recommendations regarding adoption or text amendments of the initial zoning ordinance, replacement zoning ordinance, and subdivision control ordinance; making recommendations regarding adoption or amendment of a PUD District ordinance; making recommendations regarding zone map changes; rendering decisions concerning plats, re-plats and amendments to plats; making determinations regarding development plans; and other duties or powers authorized by I.C. 36-7-4 et seq., and ordinance. See also AREA PLAN COMMISSION.
PLAN REVIEW COMMITTEE (PRC). A committee of technical consultants established to provide the Executive Director, Building Commissioner/Zoning Administrator with technical assistance in the review of plans for compliance the provisions of this chapter and other applicable rules and regulations of federal, state, or local agencies.
PLANNED UNIT DEVELOPMENT. A site to be developed, operated, or maintained as a single entity and containing 1 or more residential areas, public areas, quasi-public areas, commercial areas or industrial areas, and containing a range of uses as specified in the PUD District ordinance.
PLAYGROUND. An open space which contains an active recreational area with a variety of facilities, including equipment for younger children, game courts, and fields for games.
PLAZA. An open space that may be improved and landscaped, usually surrounded by streets or buildings.
POOL HALL or BILLIARD HALL. Any establishment which keeps, maintains or operates for hire on the premises 4 or more pool or billiard tables.
PORCH. A roofed accessory structure with at least 1 side exposed to the weather, supported from the ground and attached to or part of a building at the area of entrance or exit to the building.
PRELIMINARY PLAN. A drawing, map, plan, or other graphic representation of a planned unit development, drawn to an appropriate scale by hand or other drawing method, but containing sufficient detail to depict the general land use patterns, major street network, and generalized infrastructure proposals proposed for the planned unit development. A PRELIMINARY PLAN may be supplemented with text to provide sufficient details to determine applicable permitted use and development standards provisions for the planned unit development.
PRIMARY BUILDING. The building in which the primary permitted use of the lot is conducted.
PRIMARY USE. A permitted use of land or a permitted use of a building or structure on land which is allowed as a matter of right in the district applicable to the land, subject only to compliance with the development standards applicable to that district.
PROJECT. A single use site, integrated center, mixed use development, single family dwelling subdivision, 2 family dwelling subdivision, multifamily development, or any other form of development of real estate.
PROJECT AREA. The total land area of a site, less area included in: the existing right-of-way or proposed right-of-way of a perimeter street; and the area included in floodway or other undevelopable portions of the site.
PROPOSED SITE PLAN. A plan drawn to scale, showing uses and structures proposed for a parcel of land, as required by this chapter.
PUD. See PLANNED UNIT DEVELOPMENT.
PUD DISTRICT ORDINANCE. A petition for zone map change which designates a parcel of real property as a planned unit development, specifies uses or a range of uses permitted in the planned unit development, specifies development requirements in the planned unit development, specifies plan documentation and supporting information that may be required prior to development in a planned unit development, and specifies any limitations applicable to the planned unit development.
REAR FAÇADE. See FAÇADE, REAR.
RECREATIONAL VEHICLE. A vehicular-type portable structure without permanent foundation that can be towed, hauled, or driven and primarily designed as a temporary living accommodation for recreational, camping, and travel use, including but not limited to: travel trailers, truck campers, camping trailers, self-propelled motor homes; personal watercraft; and boats.
RECYCLING CONTAINER. A receptacle designed and intended for the collection of cleaned, sorted, solid household waste products, including, but not limited to glass, plastic, metal, and paper.
RECYCLING FACILITY. A recycling operation involving further processing (relative to a neighborhood recycling collection point) of materials to improve the efficiency of subsequent hauling. Such a facility typically features sorting, the use of a crushing apparatus, and the storage of the material until it is shipped out.
RELIGIOUS USE. A land use and all buildings and structures associated therewith devoted primarily to the purpose of divine worship together with reasonably related accessory uses, which are subordinate to and commonly associated with the primary use, which may include but are not limited to educational, instructional, social, residential, or child care ministry uses.
RESIDENTIAL BUFFERYARD. A front yard, side yard, or rear yard of a nonresidential land use on a lot which faces or abuts a Residential District or residential land use designation within a planned unit development. A RESIDENTIAL BUFFERYARD may include landscape plantings, fences, walls, or berms required to provide screening or buffering for adjacent residential properties. A RESIDENTIAL BUFFERYARD shall not apply to any front yard abutting a limited access highway.
RESIDENTIAL BUFFERYARD, FRONT. The front yard of a nonresidential land use on a lot which faces or abuts a Residential District. See also RESIDENTIAL BUFFERYARD.
RESIDENTIAL BUFFERYARD, REAR. The rear yard of a nonresidential land use on a lot which faces or abuts a Residential District. See also RESIDENTIAL BUFFERYARD.
RESIDENTIAL BUFFERYARD, SIDE. The side yard of a nonresidential land use on a lot which faces or abuts a Residential District. See also RESIDENTIAL BUFFERYARD.
RESOURCE RECOVERY. The processing of solid waste into commercially valuable materials or energy.
RESTAURANT, DRIVE-IN. Any family restaurant or fast food restaurant designed to permit or facilitate the serving of food or beverages directly to, or permitted to be consumed by patrons in or on motor vehicles parking or stopped on the premises.
RESTAURANT, DRIVE-THROUGH. Any family restaurant or fast food restaurant designed to permit or facilitate the serving of food or beverages directly to patrons in or on motor vehicles at a drive-through facility.
RESTAURANT, FAMILY. Any establishment whose main business function is the retail sale of food for consumption on the premises, and which does not have on the premises an area from which minors are excluded pursuant to I.C. 7.1-5-7-9, 7.1-5-7-10, and 7.1-5-7-11 or pursuant to any policy of the establishment.
RESTAURANT, FAMILY, WITH LOUNGE. Any family restaurant which has on the premises an area constituting not more than 25% of the gross floor area from which minors are excluded pursuant to I.C. 7.1-5-7-9, 7.1-5-7-10, and 7.1-5-7-11 or pursuant to any policy of the establishment.
RESTAURANT, FAST FOOD. An establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building, on-premises or off-premises.
RIGHT-OF-WAY. Specific and particularly described land, property, or interest therein devoted to and subject to the lawful use, typically as a thoroughfare for passage of pedestrians, vehicles, or utilities, as set forth in a written grant, declaration, or conveyance that is recorded in the office of the Recorder of St. Joseph County.
RIGHT-OF-WAY, EXISTING. The total right-of-way width of a street as created or expanded by the most recent grant, declaration, or conveyance that is recorded in the office of the Recorder of St. Joseph County.
RIGHT-OF-WAY, PRIVATE. Specific and particularly described strip of privately-held land devoted to and subject to use for general transportation purposes or conveyance of utilities, whether or not in actual fact improved or actually used for those purposes, as set forth in a written grant, declaration, or conveyance that is recorded in the office of the Recorder of St. Joseph County.
RIGHT-OF-WAY, PROPOSED. The recommended right-of-way width for a street based upon that street’s classification in the thoroughfare plan for the town, as shown in the Comprehensive Plan.
RIGHT-OF-WAY, PUBLIC. Specific and particularly described strip of land, property, or interest therein dedicated to and accepted by the municipality, county or state to be devoted to and subject to use by the general public for general transportation purposes or conveyance of utilities whether or not in actual fact improved or actually used for those purposes, as set forth in a written grant, declaration, or conveyance that is recorded in the office of the Recorder of St. Joseph County.
ROOF MOUNT. The placement of an antenna, antenna array, or flag pole on the roof of an existing building or structure.
SECONDARY APPROVAL. A review of a planned unit development required when the development requirements of a planned unit development are expressed only in general terms in the PUD District ordinance.
SEMI CUTOFF. See CUTOFF, SEMI.
SEMI-TRAILER. A freight trailer, tanker, or other large vehicles or machinery with a forward portion designed to be supported by a fifth wheel device of a truck tractor when in motion.
SETBACK. That distance measured perpendicularly from the lot line to the closest point of the building, structure, sign structure, parking area, or any other permanent improvement.
SETBACK LINE. A line that establishes the minimum distance that a building, structure, or portion thereof, can be located from a lot line or right-of-way line.
SETBACK, MAXIMUM. The largest distance allowed by this chapter from a front lot line for the location of a building, structure, or any other permanent improvement (excluding parking areas).
SETBACK, MINIMUM. The smallest distance required by this chapter from a lot line to the closest point of a building, structure, sign structure, parking area, loading area, storage area, or any other permanent improvement. A MINIMUM SETBACK may be a minimum front setback, minimum side setback, or minimum rear setback. The distance shall be measured perpendicularly from the lot line.
SETBACK, MINIMUM FRONT. The minimum distance required by this chapter from a front lot line to the closest point of the building, structure, sign structure, parking area, loading area, storage area, or any other permanent improvement. The distance shall be measured perpendicularly from the front lot line.
SETBACK, MINIMUM REAR. The minimum distance required by this chapter from a rear lot line to the closest point of the building, structure, sign structure, parking area, loading area, storage area, or any other permanent improvement. The distance shall be measured perpendicularly from the rear lot line.
SETBACK, MINIMUM SIDE. The minimum distance required by this chapter from a side lot line to the closest point of the building, structure, sign structure, parking area, loading area, storage area, or any other permanent improvement. The distance shall be measured perpendicularly from the side lot line.
SIDE FAÇADE. See FAÇADE, SIDE.
SIDEWALK. A defined pedestrian way which is typically constructed of concrete, separated from and located parallel to the improved surface of a public street or private street, and located within a right-of-way of the street.
SIGN. Any object, device, display, structure, fixture, placard, announcement, declaration, demonstration or insignia, or part thereof, used to draw attention; provide direction, information, identification; or 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, design, symbols, fixtures, colors, illumination or projected images.
SIGN, A-FRAME. A portable sign containing 2 sign faces and whose framing is hinged at the apex at an angle less than 45 degrees.
SIGN, ADVERTISING. See SIGN, OFF-PREMISES.
SIGN, ANIMATED. Any sign, or any portion thereof, which moves, assumes any motion, uses a change in lighting to depict motion or create a special effect or scene, or gives the illusion of moving.
SIGN, AWNING. Any sign or graphic printed on or in some fashion attached directly to the material of an awning.
SIGN, BALLOON. A temporary sign consisting of a bag made of lightweight material which is either filled with a gas lighter than air; or continuously filled with blown air, and designed to rise or float in the atmosphere or is attached to the ground or a building.
SIGN, BANNER. A sign of lightweight fabric or similar material mounted to a pole or building at 2 opposite edges or 4 corners.
SIGN, BUILDING. Any sign placed upon or supported by a building, including, by way of example but are not limited to wall signs, projecting signs, awning signs, canopy signs, marquee signs, suspended signs, and roof signs.
SIGN CABINET. The frame of an internally illuminated sign which contains and supports the sign face. SIGN CABINET does not apply to painted signs or 1-piece, non-illuminated, individual letter signs.
SIGN, CANOPY. Any sign or graphic printed on or in some fashion attached directly to a canopy.
SIGN, CHANGEABLE COPY. A sign, or portion thereof, where the message copy includes characters, letters, or illustrations that can be physically altered without altering the primary surface of the sign. The message copy of a CHANGEABLE COPY SIGN may be changed manually in the field or through remote electronic or electric techniques. Methods of changing the message copy include the use of:
(1) Changeable letters, numbers, symbols, and similar characters;
(2) Changeable pictorial panels; or
(3) Rotating panels or other similar devices. See also SIGN, ELECTRONIC VARIABLE MESSAGE.
SIGN, ELECTRONIC VARIABLE MESSAGE (EVMS). A sign, or portion thereof, where the message copy includes characters, letters or illustrations that can be changed or rearranged electronically without touching or physically altering the primary surface of the sign. Message copy may be changed in the field or from a remote location.
SIGN FACE. See SIGN SURFACE.
SIGN, FLAG. A sign of lightweight fabric or similar material mounted to a pole or building at 1 edge or 2 corners.
SIGN, FREESTANDING. A sign that is attached to, erected on or supported by some structure (such as a pole, mast, or frame) that is not itself an integral part of or attached to a building or structure where the principal function of the building or structure is something other than the support of a sign. See also SIGN, MONUMENT and SIGN, POLE.
SIGN, GROUND. See SIGN, MONUMENT.
SIGN, INCIDENTAL. A sign relating to the lot or use thereof which provides information or directions necessary or convenient for visitors coming on the lot, including but not limited to signs marking entrances and exits, parking areas, circulation direction, restrooms and pickup or delivery areas.
SIGN, MARQUEE. Any sign or graphic printed on or attached directly to a marquee.
SIGN, MENU BOARD. A permanent sign located in connection with a drive-through facility, which is oriented toward motor vehicles located in a drive-through lane, and which provides information to the occupants of motor vehicle, related to the products and services available at the drive-through facility.
SIGN, MONUMENT. Any freestanding sign constructed in or on the ground surface with its sign display surface extending upward from the ground surface and which has the lowest portion of the sign display surface elevated by no more than the lesser of 5 feet above grade or 1/2 the overall height above grade.
SIGN, NONCONFORMING. A sign which qualifies as a legally established nonconforming structure.
SIGN, OFF-PREMISES. A sign which directs attention to an activity, business, entertainment, commodity, product, profession or service conducted, manufactured, offered, or sold at a location other than the premises on which the sign is located.
SIGN, ON-PREMISES. A sign which directs attention to an activity, business, entertainment, commodity, product, profession, or service conducted, manufactured, offered, or sold on the premises where the sign is located.
SIGN, OUTDOOR ADVERTISING. See SIGN, OFF-PREMISES SIGN.
SIGN, OUTDOOR DISPLAY AREA. A sign located within an outdoor display area and which directs attention to or provides information about the display area or the good, products, or merchandise on display.
SIGN, PENNANT. A sign of lightweight plastic, fabric, or other similar material which is suspended from a rope, wire or string, usually in a series, and which is designed to move in the wind.
SIGN, POLE. Any freestanding sign which has its supportive structure(s) anchored in the ground and which has the lowest portion of its sign display surface elevated by more than 10 feet above the grade.
SIGN, PORTABLE. Any sign or sign structure not securely attached to the ground or other permanent structure, or a sign designed to be transported from place to place, including but not limited to signs transported by means of wheels; a sign attached to A- or T-frames; a temporary menu and sandwich board sign; a balloon used as a sign; table or patio umbrellas which include a sign; and a sign attached to or painted on a vehicle parked and visible from the public right-of-way, unless the vehicle is used in the normal day-to-day operation of the business.
SIGN, PROJECTING. Any sign which is affixed to a building or wall in such a manner that the leading edge extends more than 18 inches beyond the surface of the building or wall face.
SIGN, PYLON. See SIGN, MONUMENT.
SIGN, ROOF. Any sign erected on or wholly constructed upon a roof of any building and supported solely on the roof structure.
SIGN, SPANDREL. Any sign that is a part of or attached to the spandrel.
SIGN STRUCTURE. Any structure including any pole, base, foundation, support, tie rods, upright, bracing, or framework which supports or is capable of supporting any sign.
SIGN SURFACE. The surface of the sign upon, against, or through which the message of the sign is exhibited.
SIGN SURFACE AREA. The area of a sign surface (which is also the sign surface area of a wall sign or other sign with only 1 sign face). Sign surface area shall be computed by using the smallest area contained within 1, 2, or 3 distinct squares, rectangles, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which the sign is placed, but not including any supporting framework, bracing 24 inches in width or less, or any decorative fence or wall when the fence or wall otherwise meets the applicable regulations of this chapter and is clearly incidental to the display itself.
SIGN, SUSPENDED. Any sign that is suspended from the underside of a horizontal plane surface and is connected to the horizontal plane surface.
SIGN, T-FRAME. A portable sign utilizing an inverted “T” style of framing to support the sign.
SIGN, TEMPORARY. Any sign or sign structure which is not permanently affixed or installed, and is intended to be displayed for limited periods only. Examples of TEMPORARY SIGNS include but are not limited to signs erected or placed in connection with the following activities or occurrences. sale or lease of real estate; announcement of pending construction; special event; political campaign; garage sale; home improvement/remodeling; model home; and seasonal/holiday signs.
SIGN, WALL. Any sign attached to or erected on a wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the wall, within 18 inches of the wall, and containing only 1 sign surface.
SIGN, WIND. A sign of lightweight fabric or similar material attached at one end to a pole or similar apparatus so as to swing freely, inflate, and flutter by movement of the wind.
SIGN, WINDOW. Any sign placed inside of and within 2 feet of a window; or upon a window; and is intended to be seen from the exterior of the window.
SINGLE USE SITE. An area of development (commercial/mixed use or industrial) on 1 lot occupied by 1 business. Any commercial/mixed use or industrial development which does not qualify as an integrated center.
SKETCH PLAN. A graphic representation of a project or subdivision, drawn to an appropriate scale by hand or other drawing method, and capable of depicting the general pattern proposed for the development of a project or subdivision.
SMALL WIND ENERGY CONVERSION SYSTEM (SWECS).
(1) A wind energy conversion system consisting of a wind turbine with its associated tower and control or conversion electronics, which has a rated capacity of not more than 10 kilowatts (kW) each, and whose dual purpose is to:
(a) Primarily reduce on-site consumption of utility power; and
(b) Produce clean, on-site energy for homes, farms, and businesses.
(2) A SMALL WIND ENERGY CONVERSION SYSTEM can consist of a system either designed to be firmly anchored into the ground using a self-supporting tower, or firmly anchored to the sides or roof of the primary or accessory structure, or a combination thereof.
SORORITY HOUSE. A building containing sleeping rooms, bathrooms, common rooms, and a central kitchen and dining room maintained exclusively for sorority members and their guests or visitors and affiliated with an instruction of higher learning.
SPANDREL. A roof-like structure that covers the gasoline pump dispenser, serves as a second-tier canopy, may be a lighting source for the dispensing area, may identify the gasoline pumps by numerical or other designation, and may display signs.
SPECIAL EVENT. Any of the following occurrences: commencement of construction; fairs, carnivals, circus or festivals; grand openings; Independence Day; Labor Day; listing of properties for sale or lease; Memorial Day; posting of notices at the direction of a governmental agency; Presidents’ Day; Veterans’ Day; or other occurrence officially recognized by the town as a special event for the town.
SPECIAL EXCEPTION USE. The use of land or the use of a building or structure on land which is allowed in the district applicable to the land only through the grant of a special exception.
STAFF. Shall include: the Executive Director of the Area Plan Commission; the Building Commissioner for the Town of New Carlisle; the Zoning Administrator for the Town of New Carlisle; any employee of the Area Plan Commission; any attorney, agent or designee of the Executive Director of the Area Plan Commission; any attorney, agent, or designee of the Building Commissioner for the Town of New Carlisle; any attorney, agent, or designee of the Zoning Administrator; or any other employee of the Town of New Carlisle related to the review, recommendation, or approval process for development.
STORAGE, OUTDOOR. The storage of any product, goods, equipment, machinery, vehicles, boats, supplies, building materials or commodities, including raw, semi-finished and finished materials for a period of time in excess of 1 week, the storage of which is not accessory to a residential use; provided, however, that vehicular parking and the display of automobiles, boats, trucks or farm equipment associated with a legally established dealership shall not be deemed OUTDOOR STORAGE.
STORY. The part of a building, with an open height of no less than 78 inches, except a mezzanine, included between the upper surface of one floor and the lower surface of the next floor, or if there is no floor above, then the ceiling next above. A basement shall constitute a STORY only if it provided finished floor area. A STORY shall not include a mechanical penthouse.
STORY, HALF. A story under a gable, gambrel or hip roof, to wall plates of which on at least 2 opposite exterior walls, are not more than 2 feet above the floor of the story.
STREET. Any public right-of-way or private right-of-way, with the exception of alleys, essentially open to the sky and open and dedicated to the general public for the purposes of vehicular and pedestrian travel affording access to abutting property, whether referred to as a street, lane, road, drive, expressway, arterial, thoroughfare, highway, or any other term commonly applied to a right-of-way for those purposes. A STREET may be comprised of pavement, shoulders, gutters, curbs, sidewalks, parking spaces, and similar features.
STREET, FRONTAGE. A street located along side and generally parallel with a more heavily traveled street and which provides access to abutting property or properties.
STREET, PRIVATE. A privately-held right-of-way, with the exception of alleys, essentially open to the sky and open to the general public for the purposes of vehicular and pedestrian travel affording access to abutting property, whether referred to as a street, easement, road, expressway, arterial, thoroughfare, highway, or any other term commonly applied to a right-of-way for those purposes. A PRIVATE STREET may be comprised of pavement, shoulders, curbs, sidewalks, parking spaces, and similar features.
STREET, PUBLIC. A publicly dedicated, accepted, and maintained right-of-way, with the exception of alleys, which has been improved to town standards and is essentially open to the sky and open to the general public for the purposes of vehicular and pedestrian travel affording access to abutting property, whether referred to as a street, lane, road, drive, expressway, arterial, thoroughfare, highway, or any other term commonly applied to a public right-of-way for those purposes. A PUBLIC STREET may be comprised of pavement, shoulders, gutters, curbs, sidewalks, parking spaces, and similar features.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground, or attachment to something having a fixed location on the ground. Among other things, STRUCTURES include buildings, mobile homes, fences, walls, parking areas, loading areas, towers, antenna and signs.
STRUCTURE MOUNT. The placement of an antenna or antenna array on an existing structure such as a water tower, athletic field light standards, or electric-line transmission towers.
SUBDIVIDER. The owner, developer, or authorized agent of the owner or developer of real estate, who is responsible for all designs, reservations, and improvements related to the petition for primary or secondary plat approval or the development of a subdivision.
SUBDIVISION. The division of a parcel of land into 2 or more lots, parcels, sites, units, plats, or interests for the purpose of offer, sale, lease, or development, either on the installment plan or upon any and all other plans, terms, and conditions, including resubdivision. SUBDIVISION includes the division or development of land opened for residential and nonresidential uses, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat, or other recorded instrument.
SUBDIVISION, MAJOR. Any of the following:
(1) A subdivision of a tract of land into 4 or more parcels or lots, including any remainder of the original tract, for single family or 2 family dwelling purposes; or
(2) Any subdivision which involves the creation of new streets, extension of water lines or sewer lines, or the creation of public improvements; or
SUBDIVISION, MINOR. A subdivision of a tract of land into less than 4 parcels or lots, including any remainder of the original tract, which does not involve the creation of new streets, extension of water lines or sewer lines, or the creation of public improvements.
SUBDIVISION, NONRESIDENTIAL INCREMENTAL. A subdivision of a tract of land, including any remainder of the original tract, for any commercial, industrial, or special exception use which is submitted for primary and secondary plat approval through the incremental plat approval process.
SUB-LOTS. Portions of a lot of record created in connection with the transfer of ownership of individual dwelling units in a 2 family or multifamily dwelling.
SURFACE MOUNT. The placement of an antenna or antenna array on the existing or proposed surface of a building or structure.
TAVERN. See BAR.
TATTOO, BODY PIERCING, SCARIFYING, AND BRANDING ESTABLISHMENTS. All types of businesses where services are provided which include: deliberately scarring, burning, or pricking the skin so as to leave a mark or a color that cannot be removed without a surgical procedure. This includes: figurative tattooing; permanent coloring; scarifying and branding; and the piercing of the human body to create a permanent hole (excluding ear piercing services).
TELECOMMUNICATIONS. The transmission between or among points specified by the user of information of the user’s choosing, without change in the form or content of the information as sent and received.
TELECOMMUNICATIONS ANTENNA. See ANTENNA, TELECOMMUNICATIONS.
TELECOMMUNICATIONS SERVICE. The offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
TELECOMMUNICATIONS TOWER. A structure more than 10 feet tall, built primarily to support 1 or more telecommunications antennas.
TEMPORARY LIVING QUARTERS. A manufactured home dwelling or mobile dwelling located on a lot and intended to serve as a temporary dwelling unit for a care giver; care receiver; or family in the process of building a permanent single family dwelling on a lot.
TEMPORARY SEASONAL RETAIL SALES. A temporary use established for a fixed period of time, for the retail sale of seasonal products, including but not limited to such items as food, Christmas trees, pumpkins, and live plants. A TEMPORARY SEASONAL RETAIL SALES use may or may not involve the construction or alteration of any permanent building or structure.
TEMPORARY USE. A land use established for a limited and fixed period of time with the intent to discontinue the use upon the expiration of the time period.
THOROUGHFARE PLAN. That portion of the Town Comprehensive Plan, or other officially adopted plan of the town, which sets forth recommendations for major street alignments and street classifications.
TOBACCO STORE. A retail establishment whose primary business, in terms of gross floor area or sales, is related to the sale of tobacco products. A grocery store, convenience store, gasoline service station or drug store which sells tobacco products, but whose sales of the products is incidental to the overall gross floor area or sales receipts of the business, shall not be considered a TOBACCO STORE.
TOWN. The Town of New Carlisle, Indiana.
TOWN ENGINEER. The Town Engineer of the Town of New Carlisle.
TOWNHOUSE. A multifamily dwelling with: all dwelling units constructed in a row; with each dwelling unit having an individual front and rear ingress and egress; and no dwelling unit located over another dwelling unit.
TRAILER. A non-automotive vehicle designed to be hauled on the road.
TRANSFER STATION. A facility where solid waste is transferred from a vehicle or container to another vehicle or container for transportation. The term does not include the following:
(1) A facility where the solid waste that is transferred has been generated by the facility; or
(2) A recycling facility.
TRUCK. A motor vehicle designed, used, or maintained primarily for the transportation of property.
TRUCK TERMINAL. An area and buildings used for the temporary parking of motor freight vehicles or trucks of common carriers during unloading and loading of cargo or freight and where cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.
TRUCK TRACTOR. A truck equipped with a fifth wheel device for the towing of a semi-trailer, tanker, or other vehicles or machinery.
UNDERGROUND FACILITIES. An accessory structure which is at least 75% subterranean, utilized for storage of personal property or as a temporary shelter for people, such as a storm cellar or fallout shelter.
USE. The purpose or activity for which land, buildings, or structures are designed, arranged, or intended or which land, buildings, or structures are occupied or maintained.
USE, PERMITTED. See PERMITTED USE.
VARIANCE. Permission granted by the Board of Zoning Appeals to depart from the literal requirements of this chapter.
VEHICULAR CANOPY. See CANOPY, VEHICULAR.
WAGERING, OFF-TRACK PARI-MUTUEL FACILITY. A location, other than a racetrack, authorized by the Indiana Horse Racing Commission, at which pari-mutuel wagering is conducted.
WAIVER/WAIVED. Permission granted in connection with the approval of a development plan; the approval of a primary plat for a subdivision; or a special exception, to allow a deviation from the development standards or development requirements of this chapter.
WALKWAY. A defined pedestrian way, typically improved with concrete or asphalt, which provides for pedestrian movement on private property. A WALKWAY may or may not be located in an pedestrian easement.
WAREHOUSE. A building or structure, including but not limited to a distribution center and truck terminal, for the storage and/or transfer of goods, materials, or products awaiting shipment to another location for wholesale or retail trade.
WHIP ANTENNA. See ANTENNA, WHIP.
WINDBLOWN DEVICE. Any banner, pennant, spinner, streamer, propeller, disc, moored blimp, gas balloon, or flag that is designed to inform or attract attention, whether or not the device carries a message, all or part of which is set in motion by or remains inflated by wind, mechanical, electrical, or any other means.
WIND ENERGY CONVERSION SYSTEM. Any combination of equipment that converts and then stores or transfers energy from the wind into usable forms of energy and includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, turbine, vane, wire, or other component used in the system. A WIND ENERGY CONVERSION SYSTEM includes but is not limited to a small wind conversion system and a wind energy facility.
WIND ENERGY FACILITY. An electricity generating facility consisting of 1 or more commercially-rated wind turbines under common ownership or operating control, and whose main purpose is to supply electricity to off-site customer(s), and includes but is not limited to substations, MET towers, cables/wires and operations and maintenance buildings accessory to the facility. Also known as a WIND FARM or a WIND POWER PLANT.
WIRELESS TELECOMMUNICATIONS FACILITY. Any facility constructed by or constructed for use by a licensed wireless telecommunication service provider and which consists of the equipment and structures involved in the receiving and transmitting of electromagnetic waves associated with wireless telecommunication services.
YARD. An open space, unobstructed to the sky, extending fully across the lot while situated between the front lot line, side lot line, or rear lot line and the established front building line, side building line, or rear building line.
YARD, AGGREGATE SIDE. The total combined distance of both side yards on an individual interior lot or double frontage lot.
YARD, FRONT. An open space, unobstructed to the sky, extending fully across the lot while situated between the front lot line and the established front building line.
YARD, INTERIOR. An open space, unobstructed to the sky, extending out from the wall of a multifamily dwelling.
YARD, MINIMUM. An open space unobstructed to the sky, extended fully across the lot situated between a lot line and a setback line. MINIMUM YARD may be a front yard, a side yard, or a rear yard, depending on which lot line the minimum yard abuts and is measured from.
YARD, PERIMETER. An open space, unobstructed to the sky, extending fully across the lot while situated between any front lot line, side lot line, and rear lot line and the minimum front setback, minimum side setback, and minimum rear setback.
YARD SALE. See GARAGE SALE.
YARD, SIDE. An open space, unobstructed to the sky, extending fully across the lot while situated between a side lot line and the established side building line.
YARD, REAR. An open space, unobstructed to the sky, extending fully across the lot while situated between the rear lot line and the established rear building line.
ZONING ADMINISTRATOR. The individual(s) designated by the Town Council in this chapter as having the responsibility for the interpretation and administration of this chapter.
(Ord. 1221, § 12.02, passed 1-26-2010)