For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ACCESSORY BUILDING AND USE."
(1) A building or use subordinate to another structure or use located on the same lot, and which does not change or alter the character of the premises and which is not used for human occupancy.
(2) Public utility communication, electric distribution and secondary power lines, gas, water, and sewer lines, their supports and poles, guy-wires, small transformers, wire or cables, and incidental equipment, and public telephone booths.
"ADULT AMUSEMENT." A business shall be determined to be an adult amusement if items offered for sale or activities projected, displayed or performed, contain, reveal or present, or depict "SPECIFIED ANATOMICAL AREAS" or "SEXUALLY EXPLICIT ACTIVITIES" and said matters are carried or offered for sale, consume more than 25% of the total floor area open to the general public, excluding restrooms, basements, office areas, closets and storage areas of the enterprise, or if the revenues generated from the sale of said matters make up more than 25% of the annual gross revenues of said enterprise, or if said enterprise advertises to the general public such materials or activities, or if more than 25% of the projection or performance time is devoted to such "SEXUALLY EXPLICIT ENTERTAINMENT". If any one of the four criteria exists, it shall be considered an "ADULT AMUSEMENT" or an "ADULT BUSINESS". The words, phrases and terms used above shall have the following meaning, unless the context clearly indicates that a different meaning is intended:
(1) "ADULT BUSINESSES AND ADULT AMUSEMENTS SUBJECT TO MORATORIUM":
(a) "ADULT BOOKSTORE." An establishment having as a substantial amount of its stock in trade or its dollar volume in trade, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tape recordings or other forms of visual or audio representations which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(b) "ADULT CABARET." A nightclub, bar, theater, restaurant or similar establishment which features live performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas or which regularly feature films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.
(c) "ADULT DRIVE-IN THEATER." A lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions, and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats in which substantial amount of the total presentation time is devoted to the showing of materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
(d) "ADULT ENTERTAINMENT BUSINESS." An adult bookstore, adult motion picture theater, adult mini motion picture theater, adult motion picture arcade, adult cabaret, adult drive-in theater, adult life entertainment arcade or other non-specified businesses which, as a substantial part of their business activities, sell provide depictions of or provide activities which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas.
(e) "ADULT LIVE ENTERTAINMENT ARCADE." Any building or structure which contains or is used for commercial entertainment where the patrons directly or indirectly are charged a fee to view from an enclosed or screened area or booth, a series of live dance routines, strip performances or other gyrational choreography, which performances are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas.
(f) "ADULT MINI MOTION PICTURE THEATER." An enclosed building with a capacity of more than five but less than 50 persons, used for presenting films, motion pictures, video cassettes, slides or similar photographic reproductions in which a substantial part or portion of the total presentation time is devoted to the showing of materials which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
(g) "ADULT MOTION PICTURE ARCADE." Any place to which the public is permitted or invited, wherein coin- or slug-operated or electronically-, electrically- or mechanically-controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
(h) "ADULT MOTION PICTURE THEATER." An enclosed building with a capacity of 50 or more persons used for presenting films, motion pictures, video cassettes, slides or similar photographic reproductions in which a substantial portion of the total presentation time is devoted to showing of materials which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
(2) "SPECIFIED ANATOMICAL AREAS." Any of the following:
(a) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the aureole; or
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(3) "SEXUALLY EXPLICIT ACTIVITIES OR ENTERTAINMENT." Any of the following:
(a) Human genitals in a state of sexual stimulation or arousal;
(b) Acts of human masturbation, sexual intercourse or sodomy;
(c) Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts:
(d) Flagellation or torture in the context of sexual relationship;
(e) Masochism, erotic or sexually oriented torture, beating or the infliction of pain;
(f) Erotic touching, fondling or other such contact with an animal by a human being; or
(g) Human excretion, urination, menstruation, vaginal or anal irrigation as part of or in connection with any of the activities set forth in subsections (a) through (f) above.
"ALLEY." A permanent public service way providing a secondary means of access to abutting lands.
"BOARD." The City Board of Zoning Appeals.
"BUILDING." The word "BUILDING" includes the word "STRUCTURE", and vice-versa.
(1) "BUILDING AREA." The maximum horizontal projected area of the principal and accessory building, excluding open steps or terraces, unenclosed porches not exceeding one story in height, or architectural appurtenances projecting not more than two feet.
(2) "BUILDING LINE" or "BUILDING SET BACK LINE." The line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of a building or structure and front lot line.
(3) "DETACHED BUILDING." A building having no structural connection with another building.
(4) "FRONT LINE OF BUILDING." The line of the face of the building nearest the front lot line.
(5) "HEIGHT OF BUILDING." The vertical distance measured from the lot ground level to the highest point of the roof for a flat roof; to the deck line of a mansard roof; and to the mean height between eaves and ridges for gable, hip, and gambrel roofs.
(6) PRINCIPAL BUILDING." A building in which is conducted the main or principal use of the lot on which that building is situated. Where a substantial part of an accessory building is attached to the principal building in a substantial manner, as by a roof, the accessory building shall be counted as a part of the "PRINCIPAL BUILDING".
"BUILDING COMMISSIONER." The City Building Commissioner.
"BUSINESS." The engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise, or services, the maintenance or operation of offices or recreational and amusement enterprises for profit.
"CAMP, PUBLIC." Any area or tract of land used or designed to accommodate two or more camping parties, including cabins, tents, or other camping outfits.
"CEMETERY." Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of the cemetery.
"CERTIFICATE OF OCCUPANCY." A certificate stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this chapter.
"CLINIC" or "MEDICAL/HEALTH CENTER." An establishment where patients are admitted for special study and treatment by two or more licensed physicians or dentists and their professional associates.
"COMMISSION." The City Plan Commission.
"CONDOMINIUM." A multiple-family dwelling in which each resident, known as a condominium owner, enjoys exclusive ownership of his individual apartment or dwelling unit by holding fee simple title thereto, while retaining an undivided interest as a tenant in the common facilities and areas of the building, or buildings and grounds in combination, which are used by all the residents. The relationship among owners of "CONDOMINIUM" units is defined by a "condominium document." This definition shall include cooperatives.
"DEVELOPMENT PLAN." A drawing, including a legal or site description, of the real estate involved which shows the location and size of all buildings, structures, and yards; location and dimension of building lines and easements; widths and lengths of all entrances and exits to and from the real estate; location of all adjacent or adjoining streets; all of which presents a unified and organized arrangement of buildings and service facilities and other improvements such as planting areas, which shall have a functional relationship to the real estate comprising the planned development and to the uses of properties immediately adjacent to the proposed development.
"DISTRICT." A section of the "JURISDICTIONAL AREA" for which uniform regulations governing the use, height, area, size, and intensity of use of buildings, land, and open spaces about the buildings, are herein established.
"DWELLING." A building or portion thereof, used primarily as a place of abode for one or more human beings, but not including hotels, lodging or boarding houses, tourist homes, or mobile homes.
"DWELLING UNIT." A dwelling or a portion of a dwelling used by one family for cooking, living, and sleeping purposes.
"FAMILY." One or more persons living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, nurses home, fraternity or sorority house.
"FENCE." A structure designed and constructed for enclosure or screening. A hedge over three feet in height, serving the same purposes as a fence, shall be considered a "FENCE".
"GARAGE, PRIVATE." An accessory building with capacity for not more than three motor vehicles per family, not more than one of which may be a commercial vehicle of not more than three tons capacity. A garage designed to house two motor vehicles for each family housed in an apartment shall be classed as a "PRIVATE GARAGE".
"GARAGE, PUBLIC." Any building or premises, except those defined herein as a "private garage", used for the storage or care of motor vehicles, or where such vehicles are equipped for operation, repaired, or kept for remuneration, hire, or sale.
"GROUND FLOOR AREA." The square-foot area of a residential building within its largest outside dimensions computed on a horizontal plane at the ground floor level, exclusive of open porches, breeze-ways, terraces, garages, exterior and interior stairways.
"GROUP HOME." Buildings or land designed to house or aid individuals in need of mental, therapeutic, or rehabilitative counseling or other correctional services.
"HOME OCCUPATION." Any use conducted entirely within a dwelling and participated in solely by members of the family, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, and in connection with which there is no commodity sold upon the premises except that which is produced thereon. However, in no event shall a barber shop, beauty parlor, tea room, or animal hospital be construed as a "HOME OCCUPATION".
"HOTEL" or "MOTEL." A building or group of buildings in which lodging is provided and offered to the public for compensation and which is open to transient guests, in contradistinction to a boarding or lodging house.
"IMPROVEMENT LOCATION PERMIT." A permit stating that the proposed erection, construction, enlargement, or moving of a building or structure or other improvement referred to therein complies with the provisions of the "master plan".
"JUNK YARD." Any place at which personal property is or may be salvaged for re-use, resale or reduction or similar disposition, and is owned, possessed, collected, accumulated, dismantled, or assorted; including but not limited to used or salvaged base metal or metals, their components 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 are used, owned, or possessed for the purpose of wrecking or salvaging parts therefrom.
"JURISDICTIONAL AREA." The city.
"KENNEL." Any lot or premises on which four or more dogs or small animals, at least four months of age, are kept.
"LOADING AND UNLOADING BERTHS." The off-street area required for the receipt or distribution by vehicles of material or merchandise, which in this chapter is held to be a 12-foot by 50-foot loading space with a 14-foot height clearance, paved with a suitable dust preventive or hard surface.
"LOT." A parcel, tract, or area of land accessible by means of a street or place, and for residential uses as set forth in this chapter, abutting upon a street or place for at least 60% of the lot width prescribed for the district in which the lot is located. It may be a single parcel separately described in a deed or plat which is recorded in the office of the County Recorder, or it may include parts of, or a combination of such parcels when adjacent to one another and used as one. In determining lot area and boundary lines no part thereof within the limits of a street shall be included.
(1) "CORNER LOT." A lot at the junction of and abutting two or more intersecting streets.
(2) "FRONT LOT LINE." In the case of an interior lot, a line separating the lot from the street or place; and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in cases where deed restrictions in effect specify another line as the "FRONT LOT LINE".
(3) "INTERIOR LOT." A lot other than a corner lot or through lot.
(4) "LOT COVERAGE." The percentage of the lot area covered by the building area.
(5) "LOT GROUND LEVEL." For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street; for buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the center of all walls adjoining the streets; for buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls of the building. Any wall approximately parallel to, and not more than five feet from a street, is to be considered as adjoining the street.
(6) "LOT WIDTH." The dimension of a lot, measured between side lot lines on the building line.
(7) "REAR LOT LINE." A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.
(8) "SIDE LOT LINE." Any lot boundary line not a front lot line or a rear lot line.
(9) "THROUGH LOT." A lot having frontage on two parallel or approximately parallel streets.
"MASTER PLAN." The complete plan, or any of its parts for the development of the jurisdictional area prepared by the Plan Commission and adopted in accordance with IC 36-7-4-101 et seq., and all acts amendatory or supplemental thereto.
"MOBILE HOME." Any housing unit defined or titled by the state as a "MOBILE HOME" or any portable structure eight feet or more wide, 30 feet or more long, and designed primarily for year-round residency, which was originally transported on its own frame and running gear, and by the nature of its original design does not require a permanent foundation. Multiple units and expandables shall be included in this definition.
"MOBILE HOME PARK." An area of land upon which two or more mobile homes are harbored for the purpose of being occupied either free of charge or for revenue purposes, and shall include any building, structure, vehicle, or enclosure used or intended for use as a part of the equipment of a "MOBILE HOME PARK".
"MODULAR HOME." Any factory assembled home defined by the state as a "MODULAR HOME" or any factory assembled home not on its own permanent running gear, originally designed to be transported by truck or trailer to a building site, and by the nature of its original design does require a permanent foundation.
"PARKING AREA, PUBLIC." An open area, other than a street or alley designed for use or used for the temporary parking of more than four motor vehicles when available for public use, whether free or for compensation, or as an accommodation for clients or customers, paved with a suitable dust preventive or hard surface.
"PARKING SPACE." A space other than on a street or alley designed for use or used for the temporary parking of a motor vehicle, and being not less than nine feet wide and 20 feet long exclusive of passageways.
"PLACE." An open, unoccupied, officially designated space other than a street or alley, permanently reserved for use as the principal means of access to abutting property.
"PLAT." A map or chart indicating the subdivision or re- subdivision of land, intended to be filed for record.
"PRIVATE SCHOOL." Private preprimary, primary, grade, high or preparatory school or academy.
"PROFESSIONAL OFFICE." An office of members of recognized professions, such as an architect, artist, dentist, engineer, musician, physician, surgeon, or other professional person.
"SIGN." Any board, device, or structure or part thereof used for advertising, display, or publicity purposes. Signs placed or erected by governmental agencies for the purposes of showing street names or traffic directions or regulations for other governmental purposes shall not be included herein.
"STREET." A right-of-way, other than an alley, dedicated or otherwise legally established to the public use, usually affording the principal means of access to abutting property.
"STRUCTURE." Anything constructed or erected which requires location on the ground or attachment to something having a location on the ground. Further, the word "STRUCTURE" shall include the word "BUILDING", and vice versa.
"STRUCTURAL ALTERATION." Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the exterior walls or the roof.
"SWIMMING POOL." Any structure or container intended for swimming or bathing located either above or below ground and which is designed to hold water to a depth of greater than 36 inches.
"TOURIST HOME." A building in which one but not more than five guest rooms are used to provide or offer overnight accommodations to transient guests for compensation.
"TRADE OR BUSINESS SCHOOL." Secretarial or business school or college when not publicly owned or not owned or conducted by or under the sponsorship of a religious, charitable, or non-profit organization; or a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering or hair dressing, drafting, or for teaching industrial or technical arts.
"USE." The employment or occupation of a building, structure, or land for a person's service, benefit, or enjoyment.
(1) "NONCONFORMING USE." An existing use of land or building which fails to comply with the requirements set forth in this chapter applicable to the District in which the use is located.
(2) "OPEN USE." The use of a lot without a building or including a building incidental to the "OPEN USE" with a ground floor area equal to 5% or less of the area of the lot.
"VARIANCE." A modification not contemplated by this chapter which amends the strict terms of the relevant regulations of this chapter where those modifications will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
"VISION CLEARANCE ON CORNER LOTS." A triangluar space at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of three and 12 feet above established grade, determined by a diagonal line connecting two points measured 15 feet equidistant from the street corner along each property line.
"YARD." A space on the same lot with a principal building, open, unoccupied, and unobstructed by structures, except as otherwise provided in this chapter.
(1) "FRONT YARD." A yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lamp posts, and similar structures, the depth of which is the least distance between the street right-of-way line and the building line.
(2) "REAR YARD." A yard extending across the full width of the lot between the rear of the main building and the rear lot line, unoccupied other than by accessory buildings which do not occupy more than 30% of the required space, the depth of which is the least distance between the rear lot line and the rear of the main building.
(3) "SIDE YARD." A yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally, at 90 degrees with the side lot line, from the nearest part of the main building.
"ZONE MAP." A map entitled "New Castle, Indiana, Zone Map," and any amendments thereto.
(Ord. 2281, passed 4-2-79; Am. Ord. 3245, passed 10-16-00)