§ 156.009 DEFINITIONS.
   (A)   Application and interpretation.
      (1)   For the purpose of this chapter, certain numbers, abbreviations, terms, words and phrases shall be used, interpreted and defined as set forth in this section. Whenever any words and phrases are not defined within this section, but are defined in I.C. 36-7-4 et seq. and in any acts supplemental or amendatory thereto, the state statutory definition shall be deemed to apply.
      (2)   The following words and phrases used herein shall be interpreted as follows.
         (a)   The word “person” shall include an individual, firm, association, organization, partnership, trust, company, corporation or any other legal entity.
         (b)   The masculine shall include the feminine.
         (c)   The present tense shall include the past and future tense.
         (d)   The singular number shall include the plural and the plural shall include the singular.
         (e)   The word “shall” is a mandatory requirement; the word “may” is a permissive requirement; and the word “should” is a preferred requirement.
         (f)   The words “used” or “occupied” shall include the words “intended, arranged or designed to be used or occupied”.
(2004 Code, § 2-100)
   (B)   Words and phrases defined. For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning. Any words not defined in this section shall be construed in their generally accepted meanings as defined in a recent edition of a dictionary of the English Language.
         (a)   A structure or use which:
            1.   Is clearly incidental to and customarily found in connection with a principal building or use;
            2.   Is subordinate to and serves a principal building or a principal use;
            3.   Is subordinate in area, extent or purpose to the principal building or principal use served;
            4.   Contribute to the comfort, convenience or necessity of occupants, business or industry in the principal building or principal use served; and
            5.   Is located on the same lot as the principal building or use served.
         (b)   Where an ACCESSORY BUILDING is attached to a principal building by means of a wall or roof assembly, such ACCESSORY BUILDING shall be considered a part of the principal building.
      ALLEY. A minor right-of-way, dedicated to public use, which affords a secondary means of vehicular access to the back or side properties otherwise abutting a street, and which may be used for public utility purposes.
      ALTERATION. As applied to a building or structure, means any change or rearrangement in the structural parts or in the exit facilities; or an enlargement, whether by extending outward from a side or sides, or by increasing in height; or the moving from one location or position to another.
      APARTMENT. A building or portion thereof arranged, intended or designed to be occupied by three or more families living independently of each other.
      APARTMENT, TOWNHOUSE. An apartment building located on a lot either alone or together with similar apartment buildings, which does not exceed three and one-half stories and has private entrances to each dwelling unit.
      AUTOMOBILE REPAIR. The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.
      AUTOMOBILE WASHING. An activity conducted for the purpose of cleaning automobiles, whether performed automatically, semiautomatically or manually.
      AUTOMOBILE, TRAVEL TRAILER OR MOBILE HOME SALES. An open area other than a street used for the display, sale or rental of new or used automobiles, travel trailers or mobile homes. No repair work is done, except minor incidental repair of automobiles, travel trailers or mobile homes to be displayed or sold on the premises.
      BASEMENT. The portion of a building or structure that is constructed either partly or wholly underground. For purposes of height measurement, a BASEMENT shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground.
      BILLBOARD. Any off-premises sign on a permanent structure on which the copy is periodically changed and which is not located on the premises to which such advertising copy pertains.
      BLOCK. A tract of land bounded by streets, or a combination of streets and public parks, cemeteries, railroad rights-of-way, waterways or boundary lines of the town.
      BOARD. The Board of Zoning Appeals of the town.
      BOARDING HOUSE. Any dwelling in which more than three persons individually or as families are housed or lodged for hire with or without meals. A rooming house or a furnished room house shall be deemed a BOARDING HOUSE.
      BUILDING. Any structure designed or intended for the support, enclosure, shelter or protection of person, animals, chattels or property of any kind.
      BUILDING HEIGHT. The vertical distance measured from the average level of the proposed or existing finished surface of ground adjacent to the exterior walls of the building to the highest point of the building.
      BUILDING INSPECTOR. Synonymous with the term ZONING ADMINISTRATOR and shall refer to the person delegated the primary responsibility of issuing improvement location permits (building permits), conducting related inspections and issuing certificates of occupancy.
      BUILDING PERMIT (IMPROVEMENT LOCATION PERMIT). A certificate issued by the Building Inspector permitting a person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure within the locality, or cause the same to be done.
      BUILDING, FRONT LINE OF. A line extending across that portion or face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed, but does not include steps. If no building exists, the depth of the required front yard shall determine the FRONT LINE OF BUILDING.
      BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which the building is situated.
      BUILDING, SETBACK LINE. The line, established by this chapter, beyond which a building shall not extend unless varied according to the procedures in this chapter. Also called a BUILDING LINE. SETBACK LINES may be applicable to the front, side and/or rear yard.
      BUSINESS, GENERAL. Commercial uses which generally require locations on or near major arterial and/or their intersections, and which serve the daily needs of the neighborhood and also supply the more durable and permanent needs of the community.
      BUSINESS, PROFESSIONAL, RETAIL OFFICE. Quasi-commercial uses which may often be transitional between retail business and/or manufacturing and residential uses. Office business generally accommodates such occupations as administrative, executive, professional, accounting, clerical and drafting.
      BUSINESS SERVICES. Any profit making activity which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in businesses and homes.
      BUSINESS WHOLESALE. Business establishments that generally sell commodities and materials in large quantities or by the piece to retailers, jobbers, other wholesale establishments or manufacturing establishments. These commodities are basically for further resale, for use in the fabrication of a product or for use by a business or service.
      CARPORT, PORTABLE. A detached manufactured accessory building customarily used for the shelter or storage of vehicles and/or watercraft, including canopies used for such, which can be easily moved without disassembly, after removal of any tie-down or other anchoring provisions intended to compensate for wind displacement, and which is generally a frame covered by lightweight membrane material.
      CEMETERY. Land use for the burial of the dead and dedicated for other cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.
      CERTIFICATE OF OCCUPANCY. A certificate issued by the Building Inspector stating that the actions approved in the building permit (improvement location permit) have been completed satisfactorily and that the occupancy and use of land or building referred to therein complies with the provisions of this chapter.
      CHILD CARE CENTER. Any place, home or institution which receives four or more children under the ages of 16 years, and not of common parentage, for care apart from their natural parents, legal guardians or custodians, for regular periods of time and for compensation.
      CLINIC. An establishment where patients who are not lodged overnight are admitted for examination and treated by physicians.
      CLUB. A building or portion thereof or premises owned or operated by a corporation, association, person or persons, for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
      COMMERCIAL ENTERTAINMENT FACILITIES. Any activity conducted for economic gain which is generally related to the entertainment field, such as motion picture theater, carnivals, night clubs and similar entertainment activities.
      COMMERCIAL RECREATIONAL FACILITIES. Any activity conducted for economic gain which is generally related to the recreational field, such as bowling alleys, roller skating rinks, miniature golf, golf driving ranges and so on.
      COMMISSION. The Plan Commission of the town.
      COMPREHENSIVE PLAN. A plan, or portion thereof, adopted by the Plan Commission and the governing body of the town, showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, parks, schools, transportation corridors and other community facilities.
      CONTIGUOUS. Lands which have a boundary line or a portion of a boundary line in common or touching.
      CORNER. The point of intersection of any public road or easements which have been dedicated and accepted by a unit of government.
      COVENANT. A private legal restitution on the use of land contained in the deed to the property. Normally applied to all lots in any subdivision.
      COVERAGE. The lot area covered by all buildings located upon it, including the area covered by all overhanging roofs.
      CUL-DE-SACS. A minor street having only one means of ingress and egress and terminating in a tee or turn around.
      DAY CARE CENTER AND OTHER PRESCHOOL FACILITIES. A facility operated on a regular basis providing daytime care or instruction for four or more children under seven years of age, who are not related to the operators.
      DENSITY. A unit of measurement; the number of dwelling units per acre of land.
      DENSITY, GROSS. The number of dwelling units per acre of the total land to be developed, including public right-of-way.
      DENSITY, NET. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding public right-of-way and other public land.
      DEVELOPMENT PLAN. A drawing, including a legal or site description, of the real estate, which shows the location and size of all existing and proposed lots, buildings, structures and yards; location and dimension of all building lines and easements; widths and lengths of all entrances and exits to and from said real estate; location of all adjacent or adjoining streets; all of which presents a unified arrangement of streets, lots, buildings and public parking areas, all of which shall have a functional relationship to all real estate comprising the planned development and to the uses of properties immediately adjacent thereto.
      DISTRICT. A part of the town where in the restrictions of this chapter are uniform.
      DRIVEWAY. A public or private access which provides ingress or egress to a property.
      DWELLING. Any building or portion thereof which is designed for residential purposes.
      DWELLING, MULTIPLE-FAMILY. A residential building occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.
      DWELLING, SINGLE-FAMILY. A detached residential dwelling unit other than a mobile home, occupied by only one family.
      DWELLING, TWO-FAMILY. A detached residential building containing two dwelling units, designed for occupancy by two families with each unit having a separate entrance.
      DWELLING UNIT. One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
      EASEMENT. An authorization or grant by a property owner to a specific person or to the public to use land for specific purpose. The title to the land shall remain in the name of the property owner and shall be subject to the right of use designated in the EASEMENT.
      FAMILY. One or more persons occupying a single dwelling unit; provided that, unless all members are related by blood, marriage or adoption, no such family shall contain over five persons.
      FENCE. A structure, including entrance and exit gates, designed and constructed for enclosure or screening.
      FILLING STATION. Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel at retail for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such motor vehicles.
      FLOOD (or FLOOD WATER). The temporary inundation of land adjacent to and inundated by overflow from a river, stream, lake or other body of water. I.C. 14-28-1, defines flood as “the water of any river or stream in the State of Indiana, which is above the bank and/or outside the channel and banks of such river or stream; and also means the water of any lake which is above and outside the banks thereof.” See I.C. 1971 for additional definitions.
      FLOOD CONTROL. The prevention of floods, the control, regulation, diversion or confinement of flood water or flood flow, and the protection therefrom, according to sound and accepted engineering practice, to minimize the extent of floods, and the death, damage and destruction caused thereby, and all things incidental thereto or connected with.
      FLOOD HAZARD AREA. A floodplain, or portion thereof, which has not been adequately protected from flood water by means of dikes, levees, reservoirs or other works approved by the Indiana Natural Resources Commission.
      FLOODPLAIN. The relatively flat or low land adjoining the channel of a river or stream which has been or may be covered by flood water. The FLOODPLAIN includes the channel, floodway and floodway fringe.
      FLOODWAY. The channel of a river or stream and those portions of the floodplain adjoining the channel, which are reasonably required to carry and discharge the flood water or flood flow of any river or stream.
      FLOODWAY FRINGE. These portions of the flood hazard areas lying outside the floodway.
      FLOOR AREA, GROSS. The sum in square feet of the floor areas of all roofed portions of a building as measured from the interior walls. It includes the total of all space on all floors of a building. It also includes porches, attached garages or space in a basement which is used for storage or other such incidental uses. The gross floor area is generally applied in residential use for determining minimum ground level floor area.
      FLOOD AREA, NET. The floor area of the specified use excluding stairs, washrooms, elevator shafts, storage spaces, display windows and so on. The net area is used in calculating parking requirements.
      FLOOD AREA, USABLE LIVING. The usable floor area is determined by subtracting from the gross floor area such areas as attached garages, unfinished basements or rooms, closets, stairways and the like. USABLE LIVING FLOOR AREA is generally applied in residential use for determining minimum dwelling size for a given residential zoning district.
      FLOOR AREA RATIO. The gross floor area of the building divided by the area of the lot(s) on which the building is located.
      FRONTAGE. All the property on one side of a street between two intersecting streets, measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.
      GARAGE, PARKING. Any building, or portion thereof, used for storage of four or more automobiles in which any servicing which may be provided is incidental to the primary use for storage purposes, and where repair facilities are not provided.
      GARAGE, PRIVATE. An accessory building designed or used for the storage of motor vehicles owned and used by the occupants of the building to which the garage is an accessory.
      GARAGE, PUBLIC. Any garage other than a private garage, available to the public, operated for gain, and which is used of storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
      GARAGE SALE. An open sale of tangible personal property from a dwelling, or other structure, driveway, and/or yard on property which is zoned residential, or planned unit development district (PUD), and designated for residential use.
      GRADE, FINISHED. The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
      GROUND FLOOR AREA. The square foot area of a residential building within its largest outside dimensions computed on a horizontal plane at the first floor level, exclusive of open porches, breezeways, terraces, garages, exterior stairways and secondary stairways.
      HOME FOR THE AGED. A facility for the care of the aged with routine nursing and/or medical care and supervision provided. A HOME FOR THE AGED is different from a nursing home in that the clientele are restricted by age.
      HOME OCCUPATION. An occupation or profession for gain or support conducted only by members of a family residing on the premises, and conducted entirely within the principal building; provided that, no article is sold or offered for sale. Said occupation shall be customary and traditional, incidental to the primary use of the premises as a residence, and not construed as a business, and be of a personal services or professional service nature. There shall be no outside storage or display. See § 156.255 of this chapter for operating rules and regulations for home occupations and § 156.170 of this chapter for permitted uses.
      HOSPITAL. An institution providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central services facilities and staff offices which are an integral part of the facilities.
      HOTEL. A building in which lodging or boarding are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contrast to a boarding house, a lodging house or an apartment.
      IMPROVEMENT LOCATION PERMIT (BUILDING PERMIT). A certificate issued by the Building Inspector permitting a person to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure within the locality, or cause the same to be done.
      INSTITUTION. Building(s) and/or land designed to aid individuals in the need of mental, therapeutic, rehabilitative, counseling or other correctional services.
      JUNKYARD, including AUTOMOBILE WRECKING. Any place at which personal property may be salvaged for reuse, resale or reduction or similar disposition.
      KENNEL. Any lot or premises on which three or more dogs (except litters of animals not more than six months of age) are kept, raised, bred, cared for or boarded for commercial or non-commercial purposes.
      LOADING SPACE, OFF-STREET. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled. A REQUIRED OFF-STREET LOADING SPACE is not to be included as off-street parking space in computation of required off-street parking space. All OFF-STREET LOADING SPACE shall be located totally outside of any street or alley right-of-way. See §§ 156.275 through 156.282 of this chapter for loading space requirements.
      LOT. A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:
         (a)   A single lot of record;
         (b)   A portion of a lot of record;
         (c)   A combination of complete lots of record, or of complete lots of record and portions of lots of records, or of portions of lots of records; and
         (d)   A parcel of land described by metes and bounds; provided that, in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.
      LOT AREA. The area of any lot exclusive of street, highway, alley, road or other right-of-way. Easements are considered to be part of the LOT AREA.
      LOT, CORNER. A parcel of land at the junction of and bounded by two or more intersecting streets.
      LOT COVERAGE. The ratio of ground floor area of all buildings on a lot to the horizontally projected area of the lot. See FLOOR AREA RATIO.
      LOT FRONTAGE. The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered FRONTAGE, and yards shall be provided as indicated under the definitions of “yards” in this section.
      LOT LINE, FRONT. On an interior lot, the line separating the lot from the street. On a corner or through lot, the line separating the lot from either street.
      LOT LINE, REAR. The lot line opposite the front lot line. On a lot pointed at the rear, the REAR LINE shall be an imaginary line between the side lot lines parallel to the front lot line, not less than ten feet long, lying farthest from the front lot line. On a corner lot, the REAR LOT LINE shall be opposite the side of the house containing the main entrance to the structure. If a corner lot contains multiple-family dwelling units having entrances on each of the intersecting streets, the REAR LOT LINE shall be the interior lot line with the larger dimension.
      LOT LINE, SIDE. Any lot line other than a front lot line or rear lot line.
      LOT, MEASUREMENT OF. A lot shall be measured as follows.
         (a)   DEPTH. The horizontal distance between the mid-points of straight lines connecting the foremost points of the side lot lines in the rear.
         (b)   WIDTH. The horizontal distance between the side lot lines, measured at the building setback line.
      LOT OF RECORD. A lot which is part of a subdivision or a lot or a parcel described by metes and bounds, the descriptions of which have been recorded in the office of the County Recorder.
      LOT TYPES. Terminology used in this chapter with reference to different types of lots is as follows.
         (a)   CORNER LOT. A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a CORNER LOT if tangent projections of the front lot lines drawn perpendicular at the side lot lines meet at an interior angle of less than 135 degrees in front of the lot.
         (b)   INTERIOR LOT. A lot with only one frontage on a street.
         (c)   REVERSE FRONTAGE LOT. A lot on which frontage is at right angles to the general pattern in the area. A REVERSED FRONTAGE LOT may also be a corner lot.
         (d)   THROUGH LOT. A lot other than a corner to with frontage on more than one street. THROUGH LOTS abutting two streets may be referred to as double frontage lots.
      MANUFACTURED HOME. A dwelling unit fabricated on or after 6-15-1976, in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the Federal Manufacturing Housing Construction and Safety Standards Code or the state’s Pub. Law No. 360, Acts of 1971, as promulgated by the state’s Administrative Building Council.
      MANUFACTURING, HEAVY. Manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation; and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution and water pollution, but not beyond district boundary.
      MOBILE HOME. A transportable structure larger than 320 square feet, designed to be used as a year-round residential dwelling, and built prior to the enactment of the Federal Mobile Home Construction and Safety Act of 1974, which became effective for all mobile home construction on 6-15-1976.
      MANUFACTURED OR MOBILE HOME COMMUNITY (PARK). A parcel of land platted for subdivision upon which five or more manufactured or mobile homes are harbored for the purpose of being occupied as principal residences and includes all real and personal property used in the operation of the manufactured or mobile home park. An area of land that is subdivided in accordance with all requirements of this chapter, designed or intended for lots to be conveyed by deed, lease or to be otherwise contracted for to individual owners is a MANUFACTURED OR MOBILE HOME PARK if five or more manufactured or mobile homes are harbored there for residential occupancy.
      MOTOR HOME. A self-propelled vehicle containing living accommodations, used for recreational purposes.
      NON-CONFORMING USE. A building, structure or use of land existing at the time of enactment of this chapter, which does not conform to the regulations of the district in which it is situated.
      NURSING HOME and CONVALESCENT FACILITIES. A private home, institution, building, residence or other place, whether operated for profit or not, including those places operated by units of government, which undertakes through its ownership or management to provide for a period exceeding 24 hours, maintenance, personal care or nursing for three or more persons not related by blood or marriage to the operator who by reason of illness, physical infirmity or advanced age, are unable to care for themselves.
      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. A public or private outdoor area expressly set aside for the use and benefit of many unrelated people. The area may include along with natural environment features, swimming pools, tennis courts and outdoor recreational facilities that the Plan Commission deems permissive. Streets, parking areas, structures for habitation and the like shall not be included in the OPEN SPACE area calculations.
      ORDINANCE. Any legislative action, however denominated, of local government which has the force of law, including the amendment of repeal of any ordinance.
      PARKING LOT, OFF-STREET. An area which is adequate for parking sufficient automobiles to meet the optimum need of each appropriate land use, together with properly related access to a public street or alley and maneuvering room, and located totally off of a public right-of-way. Required off-street parking areas for three or more automobiles shall have individual spaces marked. As a rule of thumb, the area provided for an OFF-STREET PARKING LOT should be at least one and one-half times the space required for the number of parking spaces anticipated.
      PARKING SPACE OR STALL. The area required for parking one automobile, with its attendant maneuvering room. The area required for a parked car should be ten feet wide and 22 feet long; however, PARKING SPACES which are designed for the exclusive use of compact or subcompact cars, the space may be designed appropriately smaller.
      PERSONAL SERVICES. Any enterprise conducted for profit which primarily offers services to the general public, such as barber shops, beauty parlors, day care centers and so on.
      PLANNED UNIT DEVELOPMENT (PUD). An area of land in which a variety of residential, commercial and/or industrial uses are planned and developed as a whole according to comprehensive and detailed plans, with more flexible standards, such as lot sizes, uses and setbacks, than those restrictions that would normally apply under these regulations.
      PREMISES. One or more lots which are in the same ownership and are contiguous, or separated only by a right-of-way or water body, including all buildings, structures and improvements.
      PRINCIPAL USES. The primary use to which the premises are devoted, and the main purpose for which the premises exist.
      PROFESSIONAL ACTIVITIES. The use of offices and related spaces for such professional services as provided by health practitioners, lawyers, architects, engineers and similar professions.
      PROHIBITED USE. A use indicated as prohibited for a certain district in the Schedule of Uses shall not be allowed to locate in the said district, except as specified under non-conformities. A “use” variance cannot be used to legalize the conversion to or erection of a PROHIBITED USE.
      PUBLIC UTILITY. Any person, firm, or corporation duly authorized to furnish electricity, gas, steam, telephone, telegraph, water or sewage systems to the public under public regulation.
      RECORDING SECRETARY. The person employed and delegated the responsibility of recording and writing minutes and transcripts of the proceedings of the Plan Commission and/or Board of Zoning Appeals.
      RECREATIONAL VEHICLE. A vehicle primarily designed as temporary living quarters for recreation, camping or travel, either with its own motor power or mounted on or towed by another powered vehicle.
      RECREATION CAMPGROUND. An area of land on which or more recreational vehicles including campers, tents or other similar temporary recreational structures are regularly accommodated with or without charge, including any building, structure or fixture of equipment that is used in connection with providing such accommodations.
      REPLACEMENT COST. The sum of money which would be required to re-erect a structure identical to the one in question.
      RESEARCH ACTIVITIES. Research, development and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation and engineering. All research, testing and development shall be carried on within entirely enclosed buildings, and no noise, smoke, glare, vibration or odor shall be detected outside of the building.
      ROADSIDE STAND. A temporary structure designed or used for the display or sale of agricultural and related products, or novelties and other items of interest, to the motoring public.
      ROOMING HOUSE (BOARDING HOUSE). A dwelling or part thereof, other than a motel, hotel or restaurant, where lodging is provided for compensation, for three or more unrelated persons.
      SCREENING. A structure erected or vegetation planted which eventually is of sufficient height and density for concealing an area from view.
      SEAT. For purpose of determining the number of off-street parking spaces for certain use, the number of seating units installed or indicated or each 24 lineal inches of benches, pews or space for loose chairs.
      SETBACK. A required open area unoccupied and unobstructed by any structure or any projection, except as specifically provided for in this chapter.
      SETBACK, FRONT. A setback extending across the front of a lot, being the required minimum horizontal distance between the front lot line and front of the buildings.
      SETBACK, REAR. A setback extending across the rear of a lot, being the required minimum horizontal distance between the rear property line and the rear of the building.
      SETBACK, SIDE. A setback between any structure and the side lot line extending from the required front setback to the required rear setback and being the minimum horizontal distance between a side lot line and the rear of the building.
      SIDEWALK. The portion of the road right-of-way which is improved for the use of the pedestrian traffic.
      SIGN. An identification, description, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land and which directs attention to a product, place, activity, service, person, institution or business. Sign regulations are set out in §§ 156.335 through 156.343 of this chapter.
      SPECIAL EXCEPTIONS. A use that is not listed as a permitted use in the particular district under this chapter, but which may be compatible with such permitted uses and may promote the realization of the purposes of this chapter if such special exception uses are restricted as to number and location in the district and to such other conditions as may be required by the Board of Zoning Appeals. SPECIAL EXCEPTIONS permitted in each district are listed in the official Schedule of Uses.
      STATE. The State of Indiana.
      STREET. A dedicated public right-of-way, other than an alley, intended for vehicular traffic, including expressways, primary and secondary arterials, parkways, collector streets, primary thoroughfares, local streets, cul-de-sacs, marginal access streets, roads, lanes and other public ways, further defined as follows.
         (a)   COLLECTOR STREETS. Streets designed, planned and intended to carry intermediate traffic volumes within residential areas and from minor streets to secondary, primary and arterial streets.
         (b)   CUL-DE-SACS. Short streets having one end open to traffic, the other end being permanently terminated by a vehicular turn-around.
         (c)   EXPRESSWAYS, ARTERIAL HIGHWAY OR PRIMARY THOROUGHFARES. Major streets and highways used primarily for through traffic, or fast or heavy traffic, generally including U.S. and/or state routes.
         (d)   LOCAL STREETS. Streets designed, planned and intended to carry intermediate traffic volumes within residential areas to secondary, major and arterial streets.
         (e)   MARGINAL ACCESS STREETS. Minor streets which are parallel to and adjacent to arterial streets and highways, and which provide access to abutting properties and protection from through traffic.
         (f)   SECONDARY THOROUGHFARES. Streets or roads designed, planned and intended to serve as collectors and distributors of through vehicular traffic in conformance with the town’s Comprehensive Plan.
      STORY. The part of a building between the surface of a floor and the ceiling immediately above; or, if there is a floor above, the portion of a building between the surface of any floor and the surface of the floor next above.
      STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, STRUCTURES include buildings, walls, fences and signs, portable carports and sheds (whether the shed is anchored or not anchored to the ground).
      SUBDIVISION. The division of any parcel of land shown as a unit, as part of a unit or as contiguous units, on the last preceding transfer of ownership thereof, into two or more parcels or lots, for the purpose, whether immediate or future, of transfer of ownership or building development; provided, however, that, the division of land into parcels of more than three acres, not involving any new streets or easements of access, and the transfer or exchange of parcels between adjoining land owners, if such transfer or exchange does not create additional building lots, shall not constitute a SUBDIVISION for purposes of this chapter.
      SUBDIVISION REGULATIONS. The applicable requirements, standards and specifications imposed by Ch. 155 of this code of ordinances as enacted by the governing body of the town.
      SWIMMING POOL. A pool, pond, lake or open tank containing at least 18 inches of water at any point and maintained by the owner or manager.
      SWIMMING POOL, PRIVATE. A swimming pool used exclusively without paying an additional charge for admission, by the residents and guests of a single household, a multiple-family development, a community, the members and guests of a club or the patrons of a motel or hotel; and accessory use.
      TEMPORARY PERMITS. The Plan Commission may authorize by written permit in any zoning district for a period of not more than one year from the date of such permit, a temporary building which is incidental and necessary for the sale, rental, lease construction or reconstruction of real property on premises in the zoning districts, or as otherwise provided in § 156.060 of this chapter.
      THOROUGHFARE PLAN. The portion of the Comprehensive Plan indicating the general location recommended for arterial, collector and local streets and roads within the appropriate jurisdiction.
      TOWN COUNCIL. The Town Council of the town.
      TRAVEL TRAILER. A vehicle or other portable structure less than 35 feet in length designed to move on the highway, not under its own power, and designed as a recreational dwelling.
      USE. The specific purposes for which land or a building is designated, arranged, intended or for which it is occupied or maintained.
      VARIANCE. A modification of the strict terms of the relevant regulations of this chapter where such modifications will not be contrary to the public interest, and where, owning to conditions peculiar to property and not the result of the action of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
      VETERINARY ANIMAL HOSPITAL OR CLINIC. A place used for the care, diagnosis and
treatment of sick, ailing, infirm or injured animals, and those animals which are in need of medical or surgical attention. It may also include overnight accommodations on the premises for treatment, observation and/or recuperation and boarding that is incidental to the principal activity or use.
      WALKWAY. A public way, four or more feet in width, for pedestrian use only, whether along the side of a street or not.
      YARD. An open area on a lot, other than a court, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.
      YARD, FRONT. An open unoccupied area extending the full width of the lot and situated between the front [lot] line and the front line of the building projected to the side lines of the lot. Covered porches whether enclosed or unenclosed, shall be considered as part of the building and shall not project into a required FRONT YARD. On corner lots, the FRONT YARD shall be determined by the location of the main entrance of the structure.
      YARD REAR. A yard extending the full width of the lot between a principal building and the rear lot line or lines.
      YARD SIDE. A yard between the principal building and side lot line, and extending from the front yard line of the building to the rear line of the building.
      ZONING. A police power measure, enacted by the governing body of local governments, which the community is divided into districts or zones within which permitted and special uses are established as are regulations governing lot size, building bulk, placement and other development standards. Requirements vary from district to district, but they must be uniform within districts.
      ZONING BOARD. The Board of Zoning Appeals of the town.
(2004 Code, § 2-200) (Ord. 2019-12, passed 10-15-2019)