For the purpose of this Zoning Ordinance, certain terminology and words used herein shall be interpreted and defined as follows.
A
ABUTTING Bordering.
ACCESSORY BUILDING or USE A building or use of a nature customarily incidental and subordinate to the principal 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, such as utility facilities, fences, signs, and public telephone booths.
ADJOINING Sharing an edge or a boundary; touching.
ADULT DAY CARE An establishment devoted to providing daytime training, supervision, recreation, and often medical service for adults.
AGRICULTURE The use of land for agricultural purposes, including raising and harvesting crops, feeding, breeding and management of livestock; tillage; animal husbandry, farming, horticulture, pasturage, forestry, aquaculture, dairying, sugar making, and the like. Agriculture also includes the primary processing of products produced on the premises and the necessary accessory uses for packing, treating and storing said products.
AIRCRAFT A machine or device, such as an airplane, a helicopter, a glider, or a dirigible, that is capable of atmospheric flight.
AIRPORT Any runway, landing area or other facility designed, used or intended to be used either publicly or privately by any person for the landing and taking off of aircraft, including all necessary taxi-ways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces.
ALLEY A permanent public service way providing only a secondary means of vehicular access to the back or side of property otherwise abutting a street. An alley does not include a frontage street or commercial service drive.
APARTMENT A building or portion thereof containing more than two (2) dwelling units or a one (1)accessory dwelling unit above a business. Also, a MULTI-FAMILY DWELLING.
ASSISTED LIVING FACILITY A residential facility for elderly persons (age 60 or older) and their spouses, or for persons having such disabilities as to require assistance with daily living tasks, as suggested by their physician. The facility contains four or more dwelling units and rooming units, and provides, through on-site personnel, such exclusive resident services as meal preparation, laundry services and room cleaning.
AUCTION USE A building or any specific closed or open area where merchandise is assembled and sold by a form of sale called an auction.
AUTOMOBILE. A self-propelled passenger vehicle that usually has four (4) wheels and an internal-combustion engine, used for land transport.
AUTOMOBILE WRECKING YARD Any place where two (2) or more motor vehicles, not in running condition, lacking current license plates, including inoperable equipment and parts thereof, are stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods, articles, or merchandise. (See JUNKYARD).
B
BASEMENT A story having at least one-half its height below the average level of the adjoining ground.
BED AND BREAKFAST UNIT A room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes in individual rooms.
BED AND BREAKFAST OPERATION An operator occupied residence that:
(1) Provides sleeping accommodations to the public for a fee;
(2) Has no more than fourteen (14) guest rooms;
(3) Provides breakfast to its guests as part of the fee; and
(4) Provides sleeping accommodations for no more than thirty (30) consecutive days to a particular guest.
This term does not include hotels, motels, boarding houses or food service establishments.
BILLBOARD OR ADVERTISING SIGN An off-site sign which directs attention to an object as described in the definition of "SIGN" below. However, such advertising sign shall not be associated with the primary use, business activity, or service conducted upon the premises, on which the sign is located.
BLOCK A unit or property bounded by streets, and/or railroad rights-of-way, waterways, or other definite barriers.
BLOCK FRONTAGE Property having frontage on one side of a street and lying between the two nearest intersecting or intercepting streets, or a street with a railroad right-of-way, waterway, or other definite barrier.
BOARD or BOARD OF ZONING APPEALS The New Palestine Board of Zoning Appeals.
BOARDING HOUSE A building containing accommodation facilities in common, where paying guests are provided with meals and lodging.
BUILDABLE AREA The portion of the lot remaining after required yards or setback lines have been provided. Buildings may be placed in any part of the buildable area, but if there are limitations on the amount of the lot which may be covered by buildings some open space may be required within the buildable area.
BUILDING A structure having a roof supported by posts, poles, columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels, or property. When separated by party walls, without any opening through walls, each portion of such a building shall be considered a separate structure.
BUILDING, DETACHED A building having no structural connection with another building.
BUILDING, FRONT LINE OF The actual line of any portion of the building, including the overhang, nearest the front lot line, in contrast to the front setback line.
BUILDING, HEIGHT OF The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the building roof, excluding chimneys.
BUILDING LINE or BUILDING SETBACK LINE The line which establishes the minimum depth of yard, beyond which no building or structure is permitted, as measured from the right-of-way line or the lot line for the purpose of this Section the proposed right-of-way lines according to the thoroughfare plan of current adoption will be considered as the street lines for lots bordering such streets and thoroughfares.
BUILDING PERMIT A permit signed by the Zoning Administrator stating that a proposed improvement complies with the provisions of Section 7 and such other parts of this Code of Ordinances, as may be applicable.
BUILDING, PRINCIPAL A building in which is conducted the main or principal use of the lot on which said building is situated. Where a part of an accessory building is attached to the principal building in a substantial manner, as by a roof, such accessory building shall be considered a part of the principal building.
BULK FLAMMABLE MATERIAL STORAGE The type of storage where flammable or combustible liquids or gases are received by tank vessel, pipelines, tank car, or tank vehicle, and are stored and blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline, tank car, tank vehicle, portable tank, or container and also includes any storage of explosives or blasting agents.
BUSINESS or COMMERCIAL 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.
C
CAMPGROUND Any area or tract of land used or designed to be used for temporary occupancy by campers or for temporary occupancy of recreational vehicles, travel trailers, tents, cabins, or other temporary accommodations
CAR WASH A structure, or portion thereof, containing commercial facilities for washing motor vehicles, using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices. This term includes a manually operated car wash facility when the operation is equivalent in intensity to a mechanized car wash.
CEMETERY Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, mausoleum and mortuaries when operated in conjunction with and within the boundary of such cemetery.
CENTER LINE The mid-point in the width of a public right-of-way. This shall be determined by recorded subdivision plats, or by the historic centerline for all unplatted rights-of-way. In the event that acquisition of additional right-of-way has taken place on one side of right-of-way, the original centerline prior to such acquisition shall be considered the centerline for the purposes of this Zoning Ordinance
CERTIFICATE OF OCCUPANCY A certificate signed by the Zoning Administrator stating that the occupancy and use of the land or a building or structure referred to therein complies with the provisions of this code.
CLUB An establishment operated for social, educational or recreational purposes, that is open only to members and not to the general public.
COMBUSTIBLE LIQUID A liquid having a flash point at or above 100 degrees Fahrenheit, but less than 650 degrees Fahrenheit. Materials with a flash point at or above 650 degrees Fahrenheit shall for the purposes of this ordinance be considered essentially non-combustible.
COMMERCIAL CENTER A group of four (4) or more separately operated commercial establishments, planned, developed, owned, and managed as a unit, with common off-street parking provided on the property.
COMMERCIAL SERVICE DRIVE A street other than a frontage street that runs parallel or generally parallel to the frontage street and mainly located in the space to the rear of the building(s).
COMMISSION or ADVISORY PLAN COMMISSION The New Palestine Advisory Plan Commission.
TOWN COUNCIL The Town Council or Council of the Town of New Palestine.
COMMUNICATIONS TOWER A structure situated that is intended for transmitting or receiving television, radio, telephone, cellular, fiber optic, computer, or any other communications.
COMPATIBLE-INCOMPATIBLE A compatible land use situation is presented when a use is suitable for direct association with certain other uses because of consistency with the intent of the zoning district, similar or comparable characteristics, and indicating a mutually harmonious relationship with respect to protecting the use, value and enjoyment of property. An incompatible land use situation is presented when a use is unsuitable for direct association with certain other uses because it is contradictory, incongruous or discordant with one or more surrounding uses.
COMPREHENSIVE The Comprehensive Plan for New Palestine, Indiana, adopted 1999, and as amended according to the requirements of I.C. 36-7-4-500 et seq.
CONSTRUCTION TRAILER A manufactured mobile unit, not designed for dwelling purposes, used as a temporary office or other similar use.
CORNER LOT See LOT, CORNER.
CORRECTIONAL AND PENAL INSTITUTIONS A state, federal or county facility housing those convicted of serious crimes.
CORRIDOR Include the primary corridor road and intersecting roads within the corridor overlay district as shown on the official zoning map.
COUNTY Hancock County, Indiana.
COVENANTS A series of formal, sealed, binding agreements or laws.
CUL-DE-SAC (Court or Dead End street). A short residential street having one end open to traffic and being permanently terminated by a vehicle turnaround.
D
DAY CARE CENTER or CHILD CARE CENTER A building or part thereof including the lot devoted to the care and/or education and training of infants (younger than two years of age) and/or children (two to 15 years) at a location away from home for less than 24 hours per day during weekday working hours, and not including overnight accommodation or overnight sleeping. This definition encompasses facilities generally known as child care center, pre-school, kindergarten, nursery school, and similar programs and facilities for infants and children, but does not include, "Educational Institution". Day Care centers must be state licensed.
DECIBEL A unit of measurement of the intensity of loudness of sound. Sound level meters are used to measure such intensities and are calibrated in decibels.
DENSITY The number of dwelling units developed per acre of land.
DEVELOPMENT Any man-made change to improved or unimproved real estate, including, but not limited to:
(1) Construction or placement of a structure, construction of any addition to a structure, and reconstruction.
(2) Installing a manufactured home at a site, preparing a site for a manufactured home or installing a travel trailer on a site for more than one hundred eighty (180) days;
(3) Installing utilities, erection of walls and fences, construction of roads, or similar projects;
(4) Construction of flood control structures such as levees, dikes, channel improvements, and the like;
(5) Mining, dredging, filling, grading, paving, excavation, or drilling operation;
(6) Construction and/or reconstruction of bridges or culverts;
(7) Storage of materials; or
(8) Any other activity that might change the direction, height, or velocity of flood or surface waters.
"Development" does not include activities such as the maintenance of existing buildings and facilities such as painting, re-roofing, resurfacing roads; or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent buildings.
DEVELOPMENT PLAN (also SITE PLAN) Specific plan for the residential, commercial, or industrial development or other development of property setting forth certain information and data required by the Plan Commission, and prepared in compliance with Section 4.
DEVELOPMENTAL DISABILITY A disability of a person which:
(1) Is attributable to mental retardation, cerebral palsy, epilepsy, or autism; or is attributable to any other condition found to be closely related to mental retardation because this condition results in similar impairment of general intellectual functioning or adaptive behavior, or requires similar treatment and services; or is attributable to dyslexia resulting from a disability described in this clause;
(2) Originates before the person is age eighteen (18); and
(3) Has continued or is expected to continue indefinitely and constitutes a substantial handicap to the person's ability to function normally in society.
DISTRICT A section of the Town of New Palestine for which uniform regulations governing the use, height, area, size and intensity of use of buildings, land, and open spaces about buildings are herein established.
DRIVE-IN ESTABLISHMENT Any place or premises used for sale, dispensing, or serving of food, refreshments, beverages in motor vehicles, including those establishments where customers may consume the above in their vehicles parked upon the premises, or may carry out the goods for consumption off the premises. Any establishment furnishing vehicle attendant service shall be considered a drive-in as defined by this ordinance regardless of any accommodation provided in the enclosed interior of the building.
DRIVE-THROUGH ESTABLISHMENT Any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle, which is usually left running, during such business transactions.
DWELLING A building or portion thereof, used primarily as a place of abode for one or more human beings, but not including hotels or motels, lodging or boarding houses or tourist homes.
1. A SINGLE-FAMILY DWELLING is a detached building containing one dwelling unit. A manufactured home built after January 1, 1981, which is twenty three (23) feet or more in width at its narrowest dimension, and which is seven hundred twenty (720) square feet or more, which is placed on a permanent foundation and is provided with either a permanent perimeter skirting of 8"concrete block installed in accordance with American Standard Testing requirements of current adoption or poured concrete wall qualifies as a single-family dwelling.
2. A TWO-FAMILY DWELLING is a single detached building containing two dwelling units with no opening between the two dwelling units.
3. A MULTI-FAMILY DWELLING is a building or portion thereof containing three or more dwelling units.
DWELLING UNIT One room or rooms connected together constituting a separate, independent housekeeping establishment for owner occupancy, rental or lease on a weekly, monthly, or longer basis, and physically separated from any other room or dwelling units which may be in the same structure and containing independent cooking and sleeping facilities.
E
EASEMENT A right of the owner on one parcel of land, by reason of such ownership, or a right of the public, to use the land of another for a special purpose as designated; a strip of land to be used by the general public, a corporation, a utility company, or a certain person for a specific reason, for purposes of providing services to property.
EDUCATIONAL INSTITUTION or FACILITY Public, parochial, or private pre-primary, primary, grade, high, preparatory school, academy, or junior college; college or university, if public or founded or conducted by or under the sponsorship of a religious or charitable organization.
EMERGENCY SHELTER A facility providing temporary housing for one or more persons who are otherwise homeless.
F
FARM A tract of land comprising an area which is devoted to agricultural operations, such as forestry; the growing of crops; pasturage; the production of livestock and poultry (domestic fowls, such as chickens, turkeys, ducks, or geese, raised for meat or eggs); the growing of trees, shrubs and plants; and other recognized agricultural pursuits and including accessory buildings essential to the operation of the farm. Accessory buildings may include barns; equipment and animal sheds; roadside sales structure for the sale of products of the farm; and signs displaying subject matter directly related to the name or the products of the particular farm; but not including industrial or commercial operations or structures.
FARM HOUSE or FARM DWELLING The principal dwelling or residence of the owner or operator of the farm, which is located on the farm.
FAMILY Any number of individuals living together as a single housekeeping unit and doing their cooking on the premises, as distinguished from a group occupying a boarding house, or rooming house, or hotel, or housing structure occupied by social organizations such as fraternities, sororities, and clubs.
FILLING STATION/SERVICE STATION Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail or wholesale and where in addition the following services may be rendered and sales made, limited to the following:
1. Sale and servicing of spark plugs, batteries, and distributors and distributor parts;
2. Tire servicing and repair, but not recapping or regrooving;
3. Replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers, wiper blades, grease retainers, wheel bearings, mirrors, and the like;
4. Radiator cleaning and flushing;
5. Washing and polishing and sale of automobile washing and polishing materials;
6. Greasing and lubrication;
7. Providing and repairing fuel pumps, oil pumps, and lines;
8. Minor servicing and repair of carburetors;
9. Adjusting and repairing brakes;
10. Emergency wiring repairs;
11. Minor motor adjustments not involving removal of the head or crankcase or racing the motor;
12. Sales of cold drinks, packaged foods, ice, tobacco, and similar convenience goods for service station customers, as accessory and incidental to principal operation;
13. Rental of hauling vehicles for the moving of household goods, but not including the sale or rental of automobiles, mobile homes, manufactured homes or recreational vehicles, as accessory and incidental to principal operation;
14. Provision of road maps and other informational materials to customers; provision of restroom facilities. Uses permissible at a service station do not include major mechanical and body work, straightening of frames or body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in service stations.
FLAMMABLE LIQUID A liquid having a flash point below 100 degrees Fahrenheit.
FLASH POINT The lowest temperature at which a combustible liquid under prescribed conditions will give off a flammable vapor which will burn momentarily using the closed cup method.
FLOODPLAIN The area adjoining the river or stream which has been or may hereafter be covered by floodwaters.
FLOOR AREA The sum of the horizontal areas of the one or several floors of a building or portion thereof.
FLOOR AREA, NET The total area, computed on a horizontal plane, used for a particular business category, exclusive of entrances, hallways, stairs, elevators, HVAC equipment rooms, walk in coolers, and other accessory areas. (See Subsection 1.05 for application to off street parking.)
FLOOR AREA RATIO The total floor area of all stories of all buildings within the lot or project divided by the land area.
FOOD TRUCK Any food sales by any person, partnership or corporation, from any truck, cart, vehicle, recreational vehicle, trailer, or other appraisals, which prepared food, meant for human consumption, is being directly offered for sale.
FREE BURNING A rate of combustion at which a material which burns actively and easily supports combustion.
FRONTAGE That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot. Lots shall not be considered to front on stub ends of streets and in the case of corner lots will be considered to front on both intersecting streets.
FRONTAGE ROAD A road that runs parallel to the public road or highway and located within the space between the building(s) and the public road or highway.
G
GARAGE, PRIVATE An accessory building with capacity for not more than three (3)privately owned motor vehicles, not more than one (1) of which may be a commercial vehicle of not more than three (3) tons GVW. A garage designed to house two (2) motor vehicles for each family housed in a duplex dwelling or a multi-family dwelling shall be classified as a private garage
GARAGE, PUBLIC Any building, except those defined herein as a PRIVATE GARAGE, used for storage or care of motor vehicles or where such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale.
GRADE Also, LOT GROUND LEVEL The inclination or slope of a ground surface usually expressed in terms of the percentage of vertical rise (or fall) relative to a specific horizontal distance.
1. For buildings facing one street only, the elevation of the sidewalk at the center of the wall adjoining the street;
2. For buildings having walls facing more than one street, the average of the elevation of the sidewalk at the center of all walls adjoining the streets; and
3. 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 (5) feet from a street line is to be considered as facing the street.
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 porches, breezeways, terraces, garages and exterior stairways or other devices. A ground floor may have split levels, provided there is not more than a five (5) foot difference in elevations between the different levels of the floor. See OCCUPIED SPACE for manufactured dwellings.
GROUP HOME A residential facility licensed by the Developmental Disabilities Residential Facilities Council that provides residential services for not more than eight (8) developmentally disabled persons, none of whom has a history of violent or antisocial behavior, and such staff, not to exceed two (2) at any one time, as are necessary to adequately manage the home.
H
HAZARDOUS OR TOXIC MATERIAL Any substance or material that, by reason of its toxic, caustic, corrosive, abrasive, or otherwise injurious properties, may be detrimental of deleterious to the health of any person handling or otherwise coming in contact with such material or substance.
HEALTH OFFICER Any officer of authority, Hancock County Health Department, and the State Board of Health. Same as COUNTY HEALTH OFFICER, includes County Sanitarian.
HEALTH FACILITY Any building, structure, institution, or other place, for the reception, accommodation, board, care or treatment extending beyond a continuous twenty-four (24) hour period in any week of more than two (2) unrelated individuals requiring, in apparent need of, or desiring such services or combination of them, by reason of age, senility, physical or mental illness, infirmity, injury, incompetency, deformity, or any physical, mental or emotional disability, or other impairment, illness or infirmity, not specifically mentioned herein above, including institutions or places furnishing those services usually furnished by places or institutions commonly known as nursing homes, homes for the aged, retirement homes, boarding homes for the aged, sanitarium, convalescent homes, and homes for the chronically ill. The reception, accommodation, board, care, or treatment in a household or family, for compensation, of a related person.
HOME OCCUPATION An occupation, profession, activity or use that is in nature an accessory use conducted entirely within a dwelling, on a residential lot, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character or appearance thereof. See Subsection 1.04(4)(L)(4) for regulations.
HOSPITAL An institution licensed by the State Board of Health and providing health services primarily for human in-patient medical or surgical care of the sick or injured and including related facilities such as laboratories, emergency rooms, out-patient departments, training facilities, central service facilities and staff offices which are an integral part of the facility, provided such institution is operated by, or treatment is given under direct supervision of a licensed physician. Types of hospitals include general, mental, chronic disease and allied special hospitals such as cardiac, contagious disease, maternity, orthopedic, cancer and the like.
HOTEL or MOTEL A building in which lodging, with or without meals, is provided and offered to the public for compensation on a daily rate and which is open to guests, in contradistinction to a boarding or lodging house. The definition includes hotels, which offer complete kitchen facilities in some or all of the units.
I
IMPROVEMENT LOCATION PERMIT A permit which may be combined with a BUILDING PERMIT signed by the Zoning Administrator stating that a proposed improvement or use complies with the provisions of this chapter of this code. A TEMPORARY IMPROVEMENT LOCATION PERMIT is an IMPROVEMENT LOCATION PERMIT authorized by the Board of Zoning Appeals or staff with a definite time limit attached thereto.
INCOMBUSTIBLE A material which will not ignite, nor actively support, combustion during an exposure for five minutes to a temperature of 1200° F.
INDUSTRIAL PARK A planned coordinated development of a single structure or group of structures for industrial operations with special attention to a comprehensive arrangement of buildings, grounds, on-site circulation, architectural and landscape architectural design, and industrial management.
INTENSE BURNING A rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly.
J
JUNKYARD Any place at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled, or sorted, 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; and used motor vehicles, machinery or equipment which is used, owned or possessed for the purpose of seeking or salvaging parts therefrom; and not permitted in New Palestine.
JURISDICTION OF THE COMMISSION The territory within the Town of New Palestine, Indiana, the boundaries of which are shown on the Zone Map, dated 1989, as amended, which includes all of the area over which this Ordinance is effective.
K
KENNEL Any lot on which four or more dogs, or small animals, at least four (4) months of age, are kept.
L
LIVESTOCK Any animal which has been domesticated primarily for agricultural purposes, but not including house pets such as dogs, cats, or any other similar animal or fowl usually considered a house pet.
LOADING AND UNLOADING BERTHS The off-street area required for the receipt or distribution by vehicles of material or merchandise.
LOT A parcel, plat, tract, or area of land accessible by means of a public way. 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 wed as one, or it may be a parcel of land described by metes and bounds. However, in no case shall any residual lot or parcel be created which does not meet the requirements of this Ordinance. In determining lot area and boundary lines, no part thereof within a street shall be included.
LOT AREA The total horizontal area within the lot lines of a lot, computed exclusive of any portion of a street, existing or proposed.
LOT, CORNER A lot at the junction of and having frontage on two or more intersecting streets.
LOT COVERAGE The total area of a lot that is covered, roofed, occupied, or enclosed by principal and accessory buildings and structures, expressed as a percentage of the lot area.
LOT, DEPTH OF The mean horizontal distance between the front lot line and the rear lot line.
LOT FRONTAGE The linear distance of a lot measured at the front lot line where said lot abuts a street, measured between side lot lines
LOT, INTERIOR A lot other than a CORNER LOT or THROUGH LOT.
LOT LINE The property line between two established parcels of land or one parcel and a public right-of-way or place.
LOT LINE, FRONT A line separating the lot from the public way.
LOT LINE, REAR A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE Any lot boundary line not a front lot line or a rear lot line.
LOT, THROUGH A lot having frontage on two parallel, or approximately parallel streets.
LOT, WIDTH The dimension of a lot, measured between side lot lines on the front building line.
LOT OF RECORD A lot which is part of a subdivision, the map of which has been recorded in the Office of the County Recorder, or a parcel of unplatted land, the deed to which has been recorded in the Office of the County Recorder, provided that such lot was of a size that met the minimum dimensions for lots in the district in which it was located when recorded, or was recorded prior to the effective date of zoning.
LOWEST FLOOR The lowest floor of the following:
1. The top of the basement floor;
2. The top of the garage floor, if the garage is the lowest level of the building;
3. The top of the first floor or of buildings elevated on pilings or constructed on a crawl space with permanent openings; or
4. The top of the floor level of any enclosure that provides any resistance to the flow of flood waters unless:
a. The walls are designed to automatically equalize the hydrostatic flood forces by allowing for the entry and exit of flood waters, by providing a minimum of two openings (in addition to doorways and windows) and having a total area of one (1) square foot for every two (2) square feet of enclosed area subject to flooding. The bottom of all such openings shall be no higher than one (1) foot above grade.
b. Such enclosed space shall be usable for the parking of vehicles and building access.
M
MANUFACTURED DWELLING A dwelling unit, built in a factory and bearing a seal of compliance with Federal Manufactured Housing Construction and Safety Standards Law or Indiana Public Law 360, Acts of 1971, and constructed prior to January 1, 1981.
MANUFACTURED HOME A dwelling unit, designed and built in a factory, which bears a seal certifying that it was built in compliance with the Federal Manufactured Housing Construction and Safety Standards Law (1974 U.S.C. 5401 et seq.) or Indiana Public Law 360, Acts of 1971 (I.C. 22-12-1 et seq.), constructed after January 1, 1981, and exceeds 950 square feet of livable space.
MOBILE HOME A transportable vehicle which is greater than eight feet in body width and longer than 36 feet in body length and designed and constructed as a detached single-family dwelling unit with all of the following characteristics:
1. Designed for long-term occupancy, and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems;
2. Designed to be transported after fabrication on its own wheels, or on flatbed or other trailers or detachable wheels;
3. Arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities, and the like.
MOBILE HOME PARK A tract of land which has been developed with all necessary facilities and services in accordance with a development plan meeting all requirements of this code and which is intended for the purpose of providing a site for two (2) or more manufactured homes, manufactured dwellings or mobile homes for human habitation, either free of charge or for revenue proposed, including any building, vehicle or enclosure used or intended for use as a part of the equipment of such MOBILE HOME PARK.
MOBILE HOME SITE A designated site within a mobile home park or subdivision for the exclusive use of the occupants of a single mobile home, including a mobile home slab, lawn, driveway, and parking area for said occupants. A mobile home site is not a platted lot or lot of record.
MOBILE HOME SLAB or FOUNDATION The solid material upon which the home rests, consisting of a continuous concrete slab or PERMANENT FOUNDATION.
MOBILE HOME STAND That part of the mobile home park which has been reserved for the placement of one mobile home unit, including the mobile home slab, lawn area, driveway area and parking area for the unit.
MODERATE BURNING A rate of combustion described by a material, which supports combustion and is consumed slowly as it burns.
N
NATURAL RESOURCES The Indiana Department of Natural Resources.
NONCONFORMING USE A lawful use of land which does not conform in its use or otherwise with all of the regulations of the district in which the building or premises is located, but which complied with applicable regulations at the time the use was created.
NURSING HOME Same as HEALTH FACILITY.
O
OCCUPIED SPACE The total area of earth horizontally covered by the structure, excluding accessory structures such as, but not limited to, garages, patios, and porches.
OPEN SPACE The total horizontal area of a lot, excluding the building, roofed or covered area, but including parking and recreational areas.
OPEN SPACE RATIO The open space divided by the floor area.
OUTDOOR DISPLAY A portion of a lot used for exhibiting in an orderly manner, completely assembled or finished products sold by a retail business located on the same lot.
OUTDOOR RECREATION Outdoor recreation includes one or more of the following uses: riding clubs, polo fields, horse shows, hunter trails, and other equestrian sports; conservation clubs, Girl Scout and Boy Scout lodges or clubhouses, private park or playgrounds, archery ranges, and other outdoor recreation uses approved by the Board of Zoning Appeals; and accessory uses, buildings, and structures such as off-street parking and loading facilities, administration, maintenance, and clubhouse buildings. Outdoor recreation may be private recreational developments or outdoor commercial enterprises. (See BUSINESS).
OUTDOOR STORAGE The keeping, in an unenclosed or unroofed area of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.
P
PARK Any public or private land available for recreational, educational, cultural, or aesthetic use.
PARK MANAGEMENT (Also PARK OPERATOR) The person who owns or has charge, care or control of a mobile home park.
PARKING AREA, PRIVATE An area paved with a hard surface in accordance with Town specifications, other than a public way, 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.
PARKING SPACE A space other than on a street or alley permanently reserved and designed for use or used for the temporary parking of a motor vehicle and being not less than nine (9) feet wide and eighteen (18) feet long.
PARTICULATE MATTER Finely divided liquid or solid material, which is discharged and carried along in the air. This shall not include water droplets, commonly called steam.
PERFORMANCE STANDARD Criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire or explosive hazards, and glare or heat generated by or inherent in uses of land or buildings.
PERMANENT FOUNDATION Any structural system transposing loads from a structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of the supporting soil. (See I.C. 22-12-1 et seq.).
PERMANENT PERIMETER WALL An approved non-load-bearing perimeter structural system composed of a continuous solid or mortared masonry wall having the appearance of a permanent load-bearing foundation characteristic of site constructed homes, designed to support the loads imposed and extending below the established frost line.
PERSON A corporation, firm, partnership, association, organization, or any other group acting as a unit, as well as a natural person or persons.
PLACE An open, unoccupied, officially designated space other than a street, frontage street, commercial service drive, or alley, permanently reserved for use as the principal means of access to abutting property, but which is not platted as an access easement.
PLAN COMMISSION or COMMISSION or ADVISORY BOARD The New Palestine Advisory Plan Commission.
PLAN COMMISSION STAFF The Zoning Administrator and other persons the Plan Commission has employed to advise them on matters pertaining to Planning and Zoning.
PLAT A series of drawings, certificates and covenants indicating the subdivision or re-subdivision of land, either filed or intended to be filed for record.
PREMISES A lot, tract, or plat including buildings thereon, if any.
PRIMARY APPROVAL An approval that may be granted by the Plan Commission and signed and certified by the President of the Plan Commission on a plat of a subdivision in which the procedures, standards of improvement, and conditions have been met by the applicant as required by this Code. A primary approval is a final decision of the Plan Commission inasmuch as it may be reviewed by the courts.
PRIVATE SCHOOL Private, primary, grade, high or preparatory school or academy.
PUBLIC UTILITY INSTALLATIONS The erection, construction, alteration, or maintenance by public utilities, municipal departments, commissions or common carriers of underground, surface or overhead gas, oil, electrical, steam, pipes, conduits, cables, fire alarm boxes, poles, wires, mains, drains, sewers, police call boxes, traffic signals, hydrants, towers, telecommunications towers, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utility or commissions for the public health safety or general welfare.
PUBLIC WAY A street, frontage street, or road, not an easement or a commercial service drive or an alley.
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REAR ACCESS DRIVE A drive which accesses the street or right-of-way through the rear of the property.
RECREATIONAL VEHICLE A vehicle which is (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational camping, travel, or seasonal use.
RECREATIONAL VEHICLE PARK A tract of land which has been developed with all necessary facilities in accordance with a site development plan meeting the requirements of this code, and which is for short term occupancy by recreational vehicles only. It shall include, but not be limited to travel trailers, pick-up coaches, motor homes, camping trailers and tents.
RECYCLING CENTER A facility that is not a junkyard, where used material is separated and processed prior to shipment to others who will reuse those materials to manufacture new products.
REPLAT A subdivision or plat, the site of which has heretofore been platted or subdivided with lots or parcels of land.
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SELF-SERVICE STORAGE FACILITY A building or group of buildings consisting of individual, small, self-contained units that are leased or owned for the storage of goods.
SETBACK The required minimum horizontal distance between the building line and the related front, side, or rear property line.
SITE PLAN (see DEVELOPMENT PLAN).
SLOW BURNING Materials, which do not in themselves, constitute an active fuel for the spread of combustion. A material which will not ignite, nor actively support, combustion during an exposure for five (5) minutes to a temperature of 1200 degrees Fahrenheit.
SMOKE Small gas-borne particles resulting from incomplete combustion, consisting predominantly but not exclusively of carbon, ash and other combustible material, that forms a visible plum in the air.
STORY That portion of a building, included between the surface of any floor and surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall be the story.
STORY, HALF That portion of a building under a sloping, gable, hip, or gambrel roof, the wall plates on at least two opposite exterior walls of which are not more than three (3) feet above the floor level of such half-story.
STREET A public right-of-way or thoroughfare, other than an alley, or place dedicated or otherwise legally established for public use, usually affording the principal means of vehicular travel or passage.
STREET, ARTERIAL A street designated for large volumes of traffic movement. Certain arterial streets may be classed as Limited Access Highways to which entrances and exits are provided only at controlled intersections and access is denied to abutting properties.
STREET, FEEDER A street planned to facilitate the collection of traffic from residential streets and to provide circulation within neighborhood areas and convenient ways for traffic to reach arterial streets.
STREET, RESIDENTIAL A street designated primarily to provide access to abutting properties, usually residential. Certain residential streets may be marginal access streets parallel to arterial streets, which provide access to abutting property and ways for traffic to reach access points on arterial streets.
STRUCTURE Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers to be placed on a site for more than 180 consecutive days, and other similar items.
STRUCTURAL ALTERATION Any change in the supporting members of a building, such as bearing walls or partitions, columns, beam, or girders, or any substantial change in the exterior walls or the roof.
SUBDIVIDER Any person engaged in developing or improving a tract of land which complies with the definition of a subdivision as defined in Chapter 91 of this Ordinance of the Town of New Palestine.
SUBDIVISION The division of land parcels as defined in Chapter 91 of this Ordinance of the Town of New Palestine.
SWIMMING POOL, PRIVATE A swimming pool used only by the owner of the pool and friends as an accessory use at a private residence.
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TEMPORARY SIGNS A sign which is removed when the designated time period, activity or use for which the temporary sign was placed has ceased. (All of the above time periods are set by the Zoning Administrator if not stated in this Ordinance).
THOROUGHFARE PLAN The part of the Comprehensive Plan, now or hereafter adopted, which includes a Thoroughfare Plan and sets forth the location, alignment, dimensions, identification, and classification of existing and proposed streets, highways and other thoroughfares.
TOWN The Town of New Palestine, Hancock County, Indiana.
TOWN COUNCIL The Town Council of the Town of New Palestine.
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 nonprofit organization; or a school conducted as a business enterprise for teaching instrumental music, dancing, barbering or hair dressing, drafting or for the teaching of industrial or technical arts.
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UNIT DEVELOPMENT Land under unified control, planned and developed as a whole or as a series of programmed phases. A UD is built according to plans approved by the Plan Commission and shall include streets, utilities, buildings, open space and other site features and improvements. (See Subsection 1.06 for regulations)
USE The employment or occupation of a building, structure or land for service, benefit or enjoyment to a person.
UTILITY EASEMENT A strip of land a utility company has the right to use for purposes of providing services to property.
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VARIANCE FROM DEVELOPMENT STANDARDS A device which grants a property owner relief from certain provisions of the Zoning Code when, because of the particular physical surroundings, shape, or topographical condition of the property, compliance would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money.
VEHICLE SALES AREA An open area, other than a street, used for the display, sale or rental of new or used vehicles, including, but not limited to, trucks, recreational vehicles, boats, motorcycles, automobiles or trailers, and where no repair work is done except minor incidental repair of vehicles to be displayed, sold or rented on the premises.
VISION CLEARANCE ON CORNER LOTS or INTERSECTION VISIBILITY A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of three (3) and twelve (12) feet above established grade, determined by a diagonal line connecting two (2) points measured fifteen (15) feet equidistant from the street corner along each property line.
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WASTE MATTER Excrement from the body, garbage, or a useless or worthless byproduct, as from a manufacturing process.
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YARD A space on the same lot with a building, which is open, unoccupied and unobstructed by structures, except as otherwise provided in this code.
YARD, FRONT A yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lamp posts, and similar appurtenances, the depth of which is the distance between the front lot line and the building line.
YARD, REAR Yard extending across the full width of the lot between the rear of the principal building and the rear lot line unoccupied other than by accessory buildings, and steps, walks, terraces, driveways, lamp posts and similar structures, the depth of which is the least distance between the rear lot line and the rear of such principal building.
YARD, SIDE A yard between the building and side lot line, extending from the front yard or from the front lot line where no front yard is required, to the rear yard, unoccupied other than by architectural appurtenances projecting not more than twenty-four (24) inches from the building, or open or lattice-enclosed fire escapes or fireproof outside stairways, projecting not more than four (4) feet, and certain accessory uses in accordance with the provisions of this Ordinance. The width of the required side yard is measured horizontally at ninety (90) degrees with the side lot line from the nearest point of the building.
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ZONING ADMINISTRATOR The official, or his designee, appointed by the Town Council and authorized to enforce this Ordinance and other chapters pertaining to planning and zoning and building construction.
ZONE MAP A map entitled "Zone Map, New Palestine, Indiana," dated 2001, and any amendments thereto.
ZONING ORDINANCE An ordinance now or hereafter adopted under the 600 Series of I.C. 36-7-4, including a zone map which divides the jurisdiction of the Commission into districts, with regulations and requirements and procedures for the establishment of land use controls, and which indicates where subdivision of land may occur; specifically, Chapter 90
: Zoning Code.
(Ord. 121714, passed 12-17-2014)