§ 159.016 DEFINITIONS.

“ACCESS CONNECTION.” Any driveway, street, road, turnout or other means of providing for the movement of vehicles to and from a roadway system or between abutting sites. This includes any pedestrian crosswalks not adjacent to an intersection and intersecting with vehicular movements.

“ACCESSIBILITY RAMP.” An inclined plane installed in addition to or instead of stairs to permit wheelchair, walkers, strollers, carts or other wheeled objects to more easily access a building.

“ACCESSORY DWELLING UNIT (ADU).” A secondary suite or living unit within the principal building that may have accommodations for cooking, eating, sanitation, and sleeping.

“ACCESSORY USE.” A secondary use on a property that is incidental and subordinate to a primary use located on the same property, and which does not alter or change the character of the premises.

“ACRE.” A unit of land that measures 43,560 square feet.

“ACTUAL EMISSIONS.” Any emissions which occur over a specified period of time based upon emission monitoring, stack testing, emission factors or other acceptable measurements.

“ADDITION.” An extension or increase in the floor area or height of a building or structure. For the purposes of floodplain regulation, it is a walled and roofed expansion to the perimeter of a structure in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition that is connected by a firewall or is separated by independent perimeter load-bearing walls is new construction.

“ADJACENT PROPERTY.” Any property adjacent to or directly diagonal to the subject property. Properties across a public or private right-of-way are also considered adjacent.

“ADMINISTRATOR.” The Director of Department of Planning or his or her designee who administers and enforces the provisions of the Unified Development Ordinance or Building Codes.

“ADULT CABARET.” A building or portion of a building regularly featuring dancing and other live entertainment if the dancing or entertainment that constitutes the primary live entertainment is distinguished or characterized by an emphasis on the exhibiting of specific sexual activities or specified anatomical areas for observation by patrons therein.

“ADULT MEDIA.” Magazines, book, videotapes, movies, slides, CD-roms or other devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to hard-core material.

“ADULT MEDIA SHOP.” An establishment that rents and/or sells media, and that meets any of the following three tests.

(1) Forty percent or more of the gross public floor area is devoted to adult media.

(2) Forty percent or more of the stock-in-trade consists of adult media.

(3) It advertises or holds itself in any forum as “XXX”, “adult”, “sex” or otherwise as a sexually oriented business other than as an adult media store, adult motion picture theater, or adult cabaret.

“ADULT MOTION PICTURE THEATER.” An establishment emphasizing or predominantly showing films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas or by specified sexual activities.

“AGGREGATE SIDE YARD.” The minimum yard area between two principal structures on adjacent lots.

“AGRICULTURE.” The science, art, or practice of cultivating soil, producing crops, and raising livestock.

“AGRICULTURAL PROCESSING, ACCESSORY.” The use of land and buildings for agricultural processing on the same lot with, and of a nature incidental and subordinate to, the principal agricultural use.

“AGRICULTURAL PROCESSING, PRIMARY.” An establishment primarily engaged in performing services on crops, subsequent to their harvest. with the intent of preparing them for market or further processing.

“AGRICULTURAL USES.” The use of land for farming, pasturage, horticulture, floriculture, viticulture, and the necessary accessory uses for packing, treating, or storing the resulting product provided, that the operation of any such accessory uses shall be secondary to the normal agricultural activities. The term agriculture does not include chemical storage, the sale of resulting products to the general public except from temporary roadside stands, or manufacturing of products associated with agriculture.

“AIR CONTAINMENT.” Any solid, liquid or gaseous matter, or any combination thereof, that may be emitted into the ambient air in any manner which may cause or contribute to air pollution.

“AIR CONTAINMENT EMITTER OR AIR CONTAINMENT SOURCE.” Any vehicle, process facility or other device that emits or is capable of emitting air contaminants, which are privately or publicly owned or operated. Without limiting the generality of the foregoing, this term includes all type of business, commercial, industrial plants; workshops and stores; heating and power plants and power stations; and buildings and other structures of all types including but not limited to single-family, two-family, and multi-family residences; office buildings; public buildings; commercial uses; industrial uses, all types of vehicles; portable fuel burning equipment; incinerators of all types; refuse dumps and piles, and all stack and other chimney outlets from any of the foregoing.

“AIR POLLUTION.” The presence or threatened discharge from whatever source, of solid, semisolid, liquid or gaseous matter or any combination thereof, in the ambient air in sufficient quantities and of such characteristics and duration which:

(1) injures or threatens to injure human, plant, or animal life;

(2) Damages or threatens to damage property; or

(3) Unreasonably interferes with the comfortable enjoyment of life and property.

“AIRPORT.” Any location either on land, water, or structure which is designed or used for the landing and taking-off of aircraft, including all necessary buildings and facilities, if any.

“AIRPORT (PUBLIC USE).” Any area, site or location, either on land, water or upon any building, which specifically adopted and maintained for landing and taking off of aircraft, and utilized or to be utilized in the interest of the public or such purposes. The term does not include private use airport or landing field, or any military airport solely occupied by any federal branch of government using that airport for military purposes.

“ALLEY.” A public or private right-of-way intended to provide secondary access to the rear or side of lots or to buildings in urban areas and not intended for the purpose of through vehicular traffic.

“ALTERATION.” Any change, addition, or modification in construction, or any change in the structural members of a building, such as load bearing walls, columns, beams, or girders.

“ALTERATION OF A WATERCOURSE.” A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in a cross-sectional area of the channel or the channel capacity, or any other modification that may alter, impede, retard, or change the direction of and/or velocity of the flow of water during conditions of the base flood.

“AMEND” or “AMENDMENT.” Any repeal, modification, or addition to a regulation; any new regulation; any change in the number, shape, boundary, or area of a district, or any repeal or abolition of any map, part thereof, or addition thereto.

“AMENITY AREA.” An outdoor facility that may include a clubhouse that is owned and maintained by the owner’s association or property owner(s) for the primary use and benefit of the residents of the residential development. The term may include swimming pools, basketball courts, soccer fields, tennis courts, and indoor recreational facilities.

“AMPHITHEATER.” Any land, semi-enclosed structure, or combination thereof, designed for concerts, the enactment of the performing arts or other entertainment of the customer. The uses shall include miniature golf courses, batting cages, and similar uses. See also “SPORTS AND RECREATION PARKS.”

“AMUSEMENTS, OUTDOOR.” A commercial use of land which is primarily outdoors and which is conducted primarily for the entertainment of the customer. Such uses shall include miniature golf courses, batting cages, and similar uses. See also “SPORTS AND RECREATION PARKS.”

“ANNUALS.” A plant that dies at the end of a growing season both above and below ground.

“ANTENNA.” Any communications equipment that transmits or receives electromagnetic radio signals used in the provision of wireless communication service.

“ANTENNA ARRAY OR WIRELESS TELECOMMUNICATIONS ANTENNA ARRAY.” One or more rods, panels, discs, or similar devices used for the transmission or receptions of radio frequency signals, which may include omni-directional antennas (whip), direction antennas (panel), and parabolic antennas but excluding any support structure.

“ANTENNA OR SATELLITE DISH.” Any device designed to transmit or receive wave signals to or from any source whatsoever.

“APARTMENT HOUSE.” A building that includes self-contained housing units used or intended to be used as the residence of three or more families living independently of each other, and typically for lease or rent.

“APPEAL.” A request for a review of an interpretation by the Director of Planning and Development of any provision of this chapter.

“APPELLANT.” A person filing for an appeal.

“APPLICANT.” The owner, owners, or legal representative of land who makes application to the city. Written consent shall be required from the legal owner of the premises.

“APPLICATION.” The completed form or forms, together with any other materials, exhibits, and fees as required of an applicant pursuant to this chapter.

“APPLIED TRIM.” Supplemental and separate decorative strips applied to the face or sides of a frame.

“AQUATIC BUFFER. Any area in and around a water feature including lakes, ponds, detention and retention areas, legal drains, and rivers that are generally vegetated and separate the water resources from adjacent land providing numerous functions including water quality, fish and wildlife habitats, and wildlife travel corridors.

“ARCHITECTURAL DETAIL.” Any project, relief, cornice, column, change of building material, window, or door opening on any building.

“ARCHITECTURAL GUIDELINES.” The guidelines established by the Architectural Review Board for reviewing detached single-family, attached single-family, and multi-family structures as a part of the Preliminary Development Plan Process.

“ARCHITECTURAL PLANE.” A flat surface extending in height and width. Shape is the primary identifying characteristic of an architectural plane.

“ARCHITECTURAL PLANE (PRIMARY).” Any architectural plane with frontage on a street or roadway or adjacent to a required buffer yard, trail as per the NAT Plan and/or perimeter common area(s). Corner lots and perimeter lots are considered to have multiple primary architectural planes.

“ARCHITECTURAL PLANE (SECONDARY).” Any architectural plane that is not considered a primary architectural plane.

“AREA OF SPECIAL FLOOD HAZARD.” The land within a community subject to a 1% or greater chance of being flooded in any given year.

“ART GALLERIES AND MUSEUMS.” Public or semipublic uses whose primary use is to enhance the appreciation of its visitors for past and present cultural practices and events, through the use of exhibits, tours, demonstrations, audio-visual technologies, and similar communications media.

“ARTERIAL.” See “STREET.”

“ARTICULATION.” The expression of distinct patterns or rhythms that create visual interest and enhance the building design.

“AS-BUILT CONSTRUCTION PLANS.” Drawings made after the completion of improvements which identify how the improvements were constructed on site.

“ASSEMBLY OF FINISHED GOODS.” The process of assembling and packaging pre-manufactured items into a single final product.

“ASSISTED LIVING FACILITY.” A residential facility where limited health care is provided including assistance with daily activities such as dressing, grooming and bathing, and/or taking medicines are provided for the aged or any other reasonably independent person in need of nursing care. These facilities do not contain equipment for surgical care or treatment of disease or injury and are not primarily designed for patients with mental illness or alcohol or drug addiction. “ASSISTED LIVING FACILITIES” have private rooms that are not shared by non-related persons.

“AUTOMATED TELLER MACHINE (ATM).” An electronically operated device used to conduct financial transactions on site by means of direct computerized access.

“AUTOMOTIVE FUEL STATION.” Any land, building, structure, or premises used for the retail sale of motor vehicle fuels, oils or accessories.

“AUTOMOTIVE RENTAL.” Any land, building, structure, or premises used for the rental of motor vehicles on a temporary basis, and including any incidental storage thereof.

“AUTOMOTIVE REPAIR/BODY SHOP.” Any land, building, structure, or premises used for the general repair of automobiles including but not limited to engine rebuilding or reconditioning of motor vehicles; engine steam cleaning; transmission welding or rebuilding and installation; collision service such as body, frame and fender straightening and repair; and painting of motor vehicle after a collision, fire damage, water damage, or other natural disaster or for the purpose of restoration. “AUTOMOTIVE REPAIR/BODY SHOPS” may also include “AUTOMOTIVE SERVICE”, as defined.

“AUTOMOTIVE SALES.” Any land, building, structure, or premises used for the sale or lease of new or used motor vehicles. Automotive sales may include automotive repair and automotive service. See also “AUTOMOTIVE REPAIR” and “AUTOMOTIVE SERVICE.”

“AUTOMOTIVE SERVICE.” Any land, building, structure, or premises used for the routine maintenance of automobiles and limited servicing of automobiles including but not limited to the sale and installation of oil, lubricants, filters, batteries, tires, brakes, belts and other similar activities or for installing or repairing parts and accessories, but not to include “AUTOMOTIVE REPAIR/BODY SHOP” as defined.

“AVERAGE DAILY TRAFFIC (ADT).” The estimated daily average number of vehicular travelers on a street in a 24-hour period.

“BALLAST.” A heavy substance placed in such a way as to improve the stability and control of an object.

“BANDING.” A continuous series of moldings projecting slightly from the architectural plan.

“BAR,” “TAVERN,” or “LOUNGE.” Premises used primarily for the sale and dispensing of liquor by the drink for on-site consumption and where food may be available for consumption on the premises as accessory to the principal use.

“BARE-BULB (ILLUMINATION).” See “ILLUMINATION, BARE-BULB.”

“BASE FLOOD.” The flood having a 1% chance of being equaled or exceeded in any given year. The base flood may also be referred to as the “1% ANNUAL CHANCE FLOOD” or the “100-YEAR FLOOD”.

“BASE FLOOD ELEVATION.” The water surface elevation of the base flood in relation to a specified datum, usually the North American Vertical Datum or 1988.

“BASE STATION.” A station located at a specific site that is authorized to communicate with mobile stations. The term includes all radio transceivers, antennas, coaxial cables, power supplies, and other electronics associated with a station.

“BASEMENT.” That portion of the building that is underground but having at least half its clear height below the average grade of the adjoining ground. See also “CELLAR.”

“BASEMENT.” (for floodplain management purposes only) That portion of a structure having its floor below ground level on all sides.

“BASEMENT FINISH.” Completion or construction of new walls, heating, electrical, and the like, so as to make the below ground area habitable.

“BED AND BREAKFAST ESTABLISHMENT.” An owner-occupied dwelling unit providing overnight accommodations and breakfast to the public for compensation for ten or more days in a 12-month period.

“BERM (MOUND).” A man-made landscape feature used for screening in which earth is piled up in irregular, round, oblong shapes. “BERMS” do not have consistent crest elevations but are irregular creating a more natural landscape feature.

“BEST AVAILABLE FLOOD LAYER (BAFL).” Floodplain studies, and any corresponding floodplain maps prepared and/or approved by the Indiana Department of Natural Resources, that provide base flood elevation information and/or floodway delineations for flood hazards identified by approximate studies on the currently effective FIRM (Zone A) and/or for waterways where the flood hazard is not identified on available floodplain mapping.

“BEST MANAGEMENT PRACTICES (BMP).” The utilization of the natural environment, artificial structures, scheduling, and/or prohibition to ensure the long-term operation and maintenance of features that control erosion and/or the discharge of polluting elements.

“BEVERAGE BOTTLING.” Art establishment engaged in manufacturing, processing, and bottling or packaging of beverages for wholesaling and distribution.

“BIORETENTION FACILITIES (RAIN GARDENS).” A stormwater management system that uses soil and plants to absorb stormwater runoff and to capture pollutants. These are small landscaped basins intended to provide water quality management by filtering stormwater runoff before release into a storm drain system.

“BIOSWALE.” A bioswale is a shallow depression created in the earth to accept and convey stormwater runoff. A bioswale uses natural means, including vegetation and soil, to treat stormwater by filtering out contaminants being conveyed in the water.

“BLOCK.” A tract of land bounded by streets, or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.

“BMP (BEST MANAGEMENT PRACTICES).” See “BEST MANAGEMENT PRACTICES.”

“BOARD.” The Noblesville Board of Zoning Appeals.

“BOARD OF WORKS.” The Noblesville Board of Public Works and Safety is in charge of approving City contracts and accepting public improvement projects.

“BOARD OF ZONING APPEALS (BZA).” The City of Noblesville’s Advisory Board of Zoning Appeals or any division thereof and its designees.

“BOARDING HOUSE.” A building, not available to transients, in which only meals and lodging are regularly provided for compensation for at least three but not more than 12 persons.

“BOND.” Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Board of Works or County Commissioners. All bonds shall be approved by the Board of Works or County Commissioners whenever a bond is required by these regulations.

“BORROW PIT.” An area of land from which earth is removed for use on another site and a permanent or temporary irregular terrain is created.

“BRANCH.” An outgrowing shoot, stem or twig that grows from the main stem or trunk.

“BREWPUB.” A commercial use which brews ales, beers, meads, and/or similar beverages on site and serves those beverages on site.

“BRICK.” A solid or hollow masonry unit of clay mixture with sand, and molded into a rectangular-shape while in a plastic state, then baked in a kiln.

“BUFFER LANDSCAPING.” Any trees, shrubs, walls, fences, berms/ mounds, space or related landscaping features required under the UDO for buffering lots, parcels, etc., from adjacent properties or public rights-of-way for the purpose of increasing visual shielding or other aspects of privacy or aesthetics.

“BUFFER YARD (PERIPHERAL).” See “LANDSCAPING BUFFER YARD.”

“BUFFERING.” Any means of protecting an area of land from the adverse visual and suitable effects of another area, which may include trees, shrubs, walls, fences, berms/mounds, space or related landscaping features required under this chapter for buffering lots, parcels, etc., from adjacent properties or public rights-of-way for the purpose of increasing visual shielding or other aspects of privacy or aesthetics.

“BUILD-TO-LINE.” A line appearing on the development plan stated as the setback dimension from the right-of-way which a building facade must be placed.

“BUILDING.” Any structure designed, built, and used for the shelter, protection, or enclosure of persons, animals, or property, and which is permanently affixed to the land. A building is also a structure.

“BUILDING AREA.” The horizontal square footage, under roof, of a building or structure.

“BUILDING CODE.” The Indiana Building Code that establishes and controls the standards for constructing all forms of permanent structures and related matters. Also referred to as the Noblesville Building Code.

“BUILDING, DETACHED.” A building that has no structural connection with the primary building or any other building or structure.

“BUILDING ENVELOPE.” The setback lines that establishes an area on a lot in which a building and related activities can occur.

“BUILDING FRONTAGE.” The length of an outside building wall on a dedicated public or private street.

“BUILDING, HEIGHT OF.” See “HEIGHT, BUILDING.”

“BUILDING, PRINCIPAL.” A building in which is conducted the main or principal use of the lot in which said building is situated.

“BUILDING PERMIT.” A permit signed by the Director of Planning and Development stating that a proposed improvement complies with the provisions of this chapter and such other parts of the City Code as may be applicable.

“BUILDING SEPARATION.” The least distance between the walls of two structures regardless of whether they are located on the same lot or parcel.

“BUILDING SETBACK LINE (FRONT).” 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 the front lot line. Said building setback line shall be parallel to a street.

“BUILDING, SINGLE-TENANT.” A building in which all space is occupied by one tenant and is not a part of a larger unified development.

“BUSINESS, GENERAL.” Commercial uses which generally require locations on or near major arterials and/or their intersections which tend to serve day-to-day needs of the neighborhood and supply the more durable and permanent needs of the whole community.

“BUSINESS, LOCAL.” Commercial establishments which cater to and can be located in close proximity to residential districts without creating excessive congestion, noise, or other objectionable influences. Uses in this classification tend to serve the day-to-day needs of the neighborhood.

“BUS.” A motor vehicle, other than a commuter van, designed for carrying more than ten persons.

“BUS PASSENGER TERMINAL.” Any land, structure, or building which serves as a point of arrival or departure for passengers of commercial busses, including any ticket sales areas, reception areas, bus parking and/or refueling areas, and retail sales accessory thereto. “BUS PASSENGER TERMINALS” shall not include the storage, cleaning, or repair of busses.

“CALIPER.” The American Association of Nurserymen Standard for trunk measurement of nursery stock. Caliper of the trunk shall be taken six inches above the ground for up to and including four-inch caliper sizes, and 12 inches above the ground for larger trees.

“CAMOUFLAGED.” Any telecommunications facility that is designed to blend into the surrounding environment. Examples of “CAMOUFLAGED” facilities may include architecturally screened roof mounted antennas, building mounted antennas painted to match the existing structure, antennas integrated into architectural elements, towers made to look like trees and antenna structures designed to resemble light poles or flag poles.

“CAMPGROUND.” An area of land on which two or more recreational vehicles, including campers, tents, RV’s, or other similar temporary recreational structures, are regularly accommodated with or without charge, including any building, structure, or fixture or equipment that is used or intended to be used in connection with providing such accommodations.

“CANE.” A primary stem which starts at a point not higher than 1/4 the height of the plant.

“CANOPY COVER.” The percent of a fixed area covered by the crown of an individual plant species or delimited by the vertical projection of its outermost perimeter. Small openings in the crown are included.

“CAPITAL IMPROVEMENTS PROGRAM.” A schedule of all proposed public improvement projects in order of construction priority together with cost estimates and the anticipated means of financing each project. All major projects requiring the expenditure of public funds, over and above the annual municipal operating expenses, for the purchase, construction, or replacement of the physical assets for the community are included.

“CARE SHARE.” The offering of an automobile for rent for a short period of time such as by the hour. Use allows occasional access to an automobile often through an app or online.

“CAR WASH.” A building or portion thereof containing facilities for washing one or more automobiles simultaneously, using production line methods such as a chain conveyor, blower, steam cleaning device, or other mechanical devices, or providing space, water, equipment, or soap for the complete or partial cleaning of such automobiles, whether by operator or by customer.

“CART CORRAL.” A structure within a parking lot that is designed and designated for patrons to deliver shopping carts.

“CEILING.” The overhead surface covering a room and the underside of a floor level or a roof.

“CELLAR.” A portion of the building partly underground, but having half or more of its clear height below the average grade of the adjoining ground.

“CELLULAR ON WHEELS (COW).” A mobile cell site that consists of an antenna tower and electric radio transceiver equipment on a truck or trailer to provide expanded cellular network coverage and/or capacity at major special events or disaster areas and designed to be a part of the cellular network.

“CEMETERY.” Land used or intended to be used for the burial of human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery for which perpetual care and maintenance is provided.

“CERTIFICATE OF COMPLIANCE.” A certificate issued by the Director of Planning and Development or his or her designee stating that the plans submitted for an improvement location permit including grading and pad elevations, sign permits, landscape plans, and miscellaneous permits that comply with the approved plans, provisions of the Unified Development Ordinance, and commitments as required by the Plan Commission, Board of Zoning Appeals, Common Council, Board of Public Works, or the Director of Planning and Development. A Certificate of Compliance is not a substitute for a Certificate of Occupancy for occupying a building/structure.

“CERTIFICATE OF OCCUPANCY.” A certificate signed by the Director of Planning and Development stating that the occupancy and use of land or building or structure referred to therein complies with the provisions of this Code.

“CERTIFICATE OF OCCUPANCY (CONDITIONAL).” A certificate with a specific expiration date issued by the Director of Planning and Development or his or her designee, that at the time of issuance, the occupancy and use of the building or structure does not fully comply with the provisions of all applicable codes including but not limited to the Unified Development Ordinance, Building Codes, Electrical Codes, Fire Codes, Mechanical Codes, and all other state and federal codes and ordinances, but may be occupied for the specified period subject to the conditions stipulated on the certificate.

“CERTIFICATE OF OCCUPANCY (TEMPORARY).” A certificate with a specific expiration date issued by the Director of Planning and Development or his or her designee, that at the time of issuance, the occupancy and use of the building or structure does not fully comply with the provisions of all applicable codes including but not limited to the Unified Development Ordinance, Building Codes, Electrical Codes, Fire Codes, Mechanical Codes, and all other state and federal codes and ordinances, but may be occupied for the specified period subject to the conditions stipulated on the certificate.

“CHANGE OF ZONING.” See “REZONING.”

“CHANGEABLE COPY.” Letters, numeral, or other copy that may be manually or mechanically affixed to and/or removed from a sign. “CHANGEABLE COPY” is only permitted when incorporated into a permanent sign structure as permitted by this chapter.

“CHANNEL.” A natural or artificial water course of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.

“CHANNEL LETTERS.” Three-dimensional individually cut letters or figures, the depth of which is a minimum of two inches, illuminated or not illuminated, and affixed to a structure. Open-face “CHANNEL LETTERS” are prohibited.

“CHEMICAL PROCESSING.” An establishment engaged in producing basic chemicals, or in manufacturing products by predominantly chemical processes.

“CHILD CARE CENTER.” A place where at least 17 children receive child care from a provider while unattended by a guardian, for regular compensation and, and for a period of at least four, but no more than 24, consecutive hours in each of ten consecutive days per year, excluding intervening weekends and holidays.

“CHILD CARE HOME.” A dwelling unit in which at least six children not including the children for whom the provider is a parent, stepparent, legal guardian, custodian or other relative that receives child care from a provider while unattended by a parent, stepparent, legal guardian or custodian, for regular compensation and for a period of more than four hours and less than 24 hours, consecutive hours in each of ten consecutive days per year, excluding intervening weekends and holidays. Any child who is at least 14 years of age that does not require child care and any child who is at least seven years of age for whom a provider of care in the child care home is a parent, stepparent, legal guardian or custodian does not count toward determining the limit set forth regarding the number of children. The term “CHILD CARE HOME” shall refer to Class I Child Care Homes and Class II Child Care Homes.

“CHILD CARE HOME, CLASS I.” A Child Care Home that serves any combination of full-and part-time children, not to exceed 12 children at any one time.

“CHILD CARE HOME, CLASS II.” A Child Care Home that serves more than 12 children but not more than any combination of 16 full-time and part-time children at any one time.

“CHURCH.” See “PLACE OF WORSHIP.”

“CINEMA OR THEATER.” Any building designed for the enactment of dramatic performances and/or showing of motion pictures. For the purposes of this chapter, a drive-in theater shall be deemed a separate and distinct use.

“CITY.” The city having jurisdiction over the parcel of land under consideration. The City of Noblesville, Indiana.

“CITY ENGINEER.” The City Engineer of the City of Noblesville.

“CLADDING.” Any material used to cover a building's exterior.

“CLADDING MATERIALS.”

(1) Masonry, wood, fiber cement board, stucco, composite lap, and vinyl siding. The use of vinyl siding material on a structure shall be the least percentage of the materials compared to the others listed in this definition.

(2) The use of 0.050-inch gauge vinyl siding may be allowed on single-family detached structures when it is combined with brick and/or stone at the wainscot line, two architectural elements and a decorative entryway with a 12 inch min. door trim. Lap siding shall have a minimum of seven-inch exposed board face.

“CLINIC.” See “OFFICE, MEDICAL.”

“CLUB OR LODGE, PRIVATE.” An association organized and operated on a non-profit basis for persons who are bona fide members paying dues, which association owns or leases premises, the use of which premises is restricted to such members and their guests, and which manages the affairs of such association by and through a board of directors, executive committee or similar body chosen by the members. Food, meals and beverages may be served on such premises, provided adequate dining room space and kitchen facilities are available. This includes fraternities and sororities.

“CLUBHOUSE.” A building or portion thereof, accessory to a residential subdivision or multi-family development, and used primarily by the residents and their guests for recreational and entertainment purposes. Such uses shall not include retail or food sales or services except on a temporary and occasional basis.

“CLUSTER BOX UNIT.” A freestanding, pedestal-mounted mailbox containing eight, 12, 13 or 16 individually locked mailboxes and parcel compartments.

“COFFEE HOUSE.” A restaurant primarily offering coffee, tea, and other beverages that are typically sold at a counter or drive-up window for motor vehicles.

“COLLECTOR.” See “STREET.”

“COLLEGE OR UNIVERSITY.” A public or private institution providing full-time or part-time education beyond the high school level and including any lodging rooms or housing for students or faculty. A business or trade school is not considered a college or university.

“CO-LOCATION.” A space on an existing or proposed telecommunication tower that can be used for the installation and/or mounting of antennas or radio or cellular communication equipment that operates on a different frequency from the initial user.

“COMMERCIAL MESSAGE.” Any image, logo, or words that advertise a business conducted, services rendered, activities conducted, or goods produced and/or sold.

“COMMISSION.” The Noblesville City Plan Commission.

“COMMITMENT.” A recordable written agreement or covenant concerning the use or development of a parcel of real property which is made in writing by the owner of that parcel that may include a site plan and/or other pertinent drawings that sets forth any binding limitations of use or development for that particular parcel. This may be made either voluntarily or in accordance with an order or request of the Plan Commission.

“COMMON, CREATIVE, AND COLLABORATIVE SPACES.” A facility that offers open access to resources that is characterized by a culture of openness and collaboration concerning knowledge-sharing, skills and tools. Shared resources may range from physical resources like office materials, machines and prototyping tools, to more intangible resources such as new knowledge, professional networking, training, or mentorship.

“COMMON SPACES (MULTI-FAMILY)”. Areas within multi-family developments that are generally open to all residents and may be open to the public. These spaces generally can include, but not be limited to, lobbies, fitness facilities, leasing offices, laundry, storage, mail/package room, gathering areas, light food prep, pools, and entertainment rooms.

“COMMUNITY.” A political entity that has the authority to adopt and enforce floodplain ordinances for the areas within its jurisdiction.

“COMMUNITY EVENT.” An activity in Noblesville that is open to the general public and sponsored by a public, private not-for-profit, or religious organization that is educational, cultural, or recreational in function. Charitable events sponsored by for-profit organizations are also considered community activities.

“COMMUNITY GATEWAY.” A corridor, expressway, or arterial that citizens or visitors of Noblesville travel in high numbers which represents the character of the community. These gateways include the State Road 37 corridor, the 146th Street corridor, the State Road 32 corridor, the State Road 38 corridor, and the Corporate Campus.

“COMMUNITY RATING SYSTEM (CRS).” A program developed by the Federal Insurance Administration to provide incentives for those communities participating in the regular program of the National Flood Insurance Program (NFIP) that have included provisions beyond the minimum floodplain management regulations to develop extra measures providing additional protection(s) from flooding.

“COMPATIBLE.” A structure, planned development, and/or use that is capable of existing together in harmony with its surrounding structures, planned developments, and/or uses forming a homogeneous mixture that neither separates from nor alters its surroundings causing attention to be drawn to the proposed structure, planned development, and/or use.

“COMPOSITION.” The manner in which parts are combined or related to form a united whole. It includes scale, site relationship, space, volume, texture, proportion, reflection, rhythm, repetition, pattern, ornamentation, mass, form, harmony, depth, color, contrast, and balance.

“COMPREHENSIVE PLAN.” A plan adopted by the Plan Commission and Common Council, pursuant to State law, and including any part of such plan separately adopted and any amendment to such plan, or parts thereof. The document shall include:

(1) A statement of objectives for the future development of the jurisdiction.

(2) A statement of policy for the land use development of the jurisdiction.

(3) A statement of policy for the development of public ways, public places, public lands, public structures, and public utilities.

“CONCEPT PLAN.” A plan for the development of land brought by the applicant/petitioner to a pre-submittal meeting that shows in general terms the proposed land use, circulation, natural characteristics and typical development of the area including the affected adjacent properties and traffic.

“CONDITION.” A restrictive or modifying factor that is essential to the occurrence of something else.

“CONDITIONAL APPROVAL.” Stipulations or provisions attached to an approval issued by any governmental entity that are a prerequisite for a final certificate of occupancy.

“CONDITIONAL LETTER OF MAP REVISION (CLOMR).” A document that illustrates FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevation (BFE), or the Special Flood Hazard Area (SFHA). The letter does not revise an effective NFIP map but indicates whether the project, if built as proposed, would be recognized by FEMA. Building permits cannot be issued based on a CLOMR because a CLOMR does not change the NFIP map.

“CONDITIONAL USE.” A use permitted within a district other than a use permitted "by right", and requiring approval of the Board of Zoning Appeals because of its unusual nature. “CONDITIONAL USES” that may be allowed in each district are listed in the Official Schedule of District Regulations.

“CONDOMINIUM.” The individual ownership of a dwelling unit within a multiple family dwelling, together with an interest in the common land and building areas and the underlying land as per I.C. 32-25. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

“CONFINED FEEDING OPERATION.” The raising of animals for food, fur or recreation in an area where they are confined, fed and maintained for at least 45 days during any year, and where there is no ground cover or vegetation present over at least half of the confinement area. This shall be any animal feeding operation that houses at least 300 cattle, or 600 swine or sheep, or 30,000 or more fowl.

“CONIFER.” Cone-bearing tree.

“CONSERVATION.” Protection, improvement, and wise use of natural resources according to principles that will assure utilization of the resource to obtain the highest economic and social benefits.

“CONSTRUCTION PLANS.” The maps, drawings, and textual description showing the specific location and design of improvements to be installed or constructed.

“CONTRACTOR’S OFFICES.” Any land, building, or structure used as the permanent place of business for a general contractor or tradesman, including the incidental storage of construction equipment and materials and company vehicles.

“CONVALESCENT, NURSING OR REST HOME.” An establishment for the care or assisted living of the aged or infirm, or a place of rest for those suffering bodily disorders. Such home does not contain equipment for surgical care or for the treatment of disease or injury.

“CONVENIENCE STORE.” An establishment where food stuffs, patent medicines, periodicals, and other similar items of household convenience are kept for retail sale to the public.

“CONVERSION.” A change of a building's use to another use.

“COPY.” The wording, logo, shapes, or object content of a sign in either permanent or removable letter media.

“CORE CENTRAL BUSINESS DISTRICT.” The area beginning at the intersection of Clinton Street and 10th Street, running thence south along 10th Street to the intersection with Maple Avenue, running thence west along Maple Avenue to a point where Maple Venue would intersect with White River, if Maple Avenue were continued upon its western course; running thence north along the meandering thread of White River to the intersection of a line which would represent the extension of Clinton Street to the west to its intersection with White River; thence east to Clinton Street and along Clinton Street to the point of beginning.

“CORNER BREAK.” The position at which two architectural planes meet and form projecting relief creating a third dimension.

“CORNICE.” A molded ornamental projection that crowns or finishes the top of the building or wall to which it is affixed.

“COUNCIL.” The Common Council of the City of Noblesville.

“COUNTY.” Hamilton County, Indiana.

“COVENANT (DEED RESTRICTION).” Private and legal restrictions of various kinds on the usage of lots, typically within a subdivision and applied by the subdivider. In the case of public health, safety, and welfare, covenants may be applied by the Plan Commission that are recorded with the plat and deed. Covenants can also be placed on commercial and industrial developments. Unless specifically agreed to, covenants are not enforceable by the Plan Commission or its designees; however, they are enforceable in civil court by interested or affected parties.

“CRITICAL FACILITY.” Any use of land for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire, and emergency response installations, or installations which produce, use, or store hazardous materials or hazardous waste.

“CRITICAL ROOT ZONE.” The area of undisturbed natural soil around a tree that must be left undisturbed in order to preserve a sufficient root mass to give the tree a reasonable chance of survival defined by a horizontal circle drawn at grade with the center being the center of the trunk of the tree and a radius equal to the distance from the trunk to the outermost portion of the drip line.

“CROWN.” The portion of the tree comprising the branches.

“CROWN FORM (SHAPE)” The configuration crown of a standing tree or shrub - circle, triangle, parabola, rectangle, or horizontal ellipse.

“CROWN WIDTH (DIAMETER).” The span of the crown of a tree or shrub.

“CUL-DE-SAC.” See “STREET,” “CUL-DE-SAC.”

“CULVERT.” A drain pipe that channels water under a bridge, street, or driveway.

“CURB.” A concrete boundary marking the edge of a street or other paved area and providing for a change in grade between the street surface and the adjacent unpaved portions of the street right-of-way.

“CURB CUT (DRIVEWAY CUT).” A permit issued by the Department of Engineering providing for vehicular ingress/egress between property and the abutting street.

“CURB RADIUS.” The curved edge of a street, driveway, or other paved area at an intersection with another street driveway, or other paved area.

“CUT.” An excavation. The difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the material removed in excavation.

“CUT AND FILL.” The modification of a lot or parcel by excavating in one location and subsequently moving the excavated material to another location on the same site. See also single words “CUT” and “FILL.”

“CUT AND FILL.” (for flood purposes only) To build up the level of low lying land in the Special Flood Hazard Area (floodplain) using material from within the same watershed floodplain to cause a permanent increase in existing ground elevations. The intent of this method is to provide an area of compensatory storage to offset the impact of the fill area.

“DEAD END.” See “STREET, DEAD END.”

“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.”

“DECIDUOUS.” Plants that shed their leaves annually.

“DEDICATION.” The setting apart of land or interests in land for use by the public or municipality by ordinance, resolution, or entry in the official minutes as by the recording of a plat.

“DEMOLITION.” The act of doing away with a structure by destroying it to the ground.

“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 rights-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 rights-of-way, floodplains, wetlands, and other public lands.

“DETENTION AREA.” An area that is designed to capture specific quantities of stormwater and to gradually release the stormwater at a sufficiently slow rate to avert flooding. This area normally is eventually dry.

“DEVELOPED AREA.” Land that has been substantially improved by making it more useful to humans including the erection of buildings or increasing its value by cultivation.

“DEVELOPER.” The owner or his or her legal representative of land proposed to be subdivided, or residentially, commercially, or industrially utilized. Consent shall be required from the legal owner of the premises.

“DEVELOPMENT.” Any man-made change to improved or unimproved real estate, including, but not limited to: construction, reconstruction, or placement of a structure; an addition to a structure; installation of a manufactured home; installation of a recreational vehicle on a site for more than 180 days; mining; dredging; filling; grading; paving; excavation; drilling operations; construction and/or reconstruction of bridges or culverts; construction of roads; erection of walls and fences; utility installation; construction of flood control structures, including levees, dikes, dams, channel improvements, and the like; storage of materials; construction or reconstruction of boat lifts, docks, piers, and sea walls; or any other activity that might change the direction, height, or velocity of flood or surface waters. This does not include activities, such as the maintenance of existing buildings and facilities such as painting, re-roofing, resurfacing roads, gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, construction of elevated beds, or the construction of permanent structures.

“DEVELOPMENT PLAN.” A scale drawing, including a legal or site description, of the real estate involved which shows the location and size of the following, both existing and proposed: all buildings, structures, and yards; topographic map; location and dimension of 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, service facilities; and other improvements such as planting areas.

“DEVELOPMENT PLAN, DETAILED.” The construction drawings incorporating all amendments and plans adopted at the Preliminary Development Plan hearing that sets the stage for approval of the Secondary Plat(s) as evidenced in a development plan.

“DEVELOPMENT PLAN, PRELIMINARY.” The initial development plans as proposed for a Planned Development following approval by the Plan Commission and adoption by the Common Council of said drawings and Planned Development (PD) ordinance including any waivers from the underlying zoning district regulations and commitments by the developer for said real property.

“DIRECTOR OF PLANNING AND DEVELOPMENT.” The official in charge of the Department of Planning and Development and authorized to administer and enforce the Unified Development Code including his or her designees.

“DISC GOLF COURSE.” An area of land laid out with a series of targets in which a player throws discs at a target.

“DISPLAY PUBLICLY.” The act of exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that is may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway, or public sidewalk, or from the property of others, or from any portion of the premises where items and materials other than adult media are on display to the public.

“DISTRICT (ZONING).” Specific areas within the jurisdiction of the Plan Commission for which uniform regulations governing the use, height, area, size, and intensity of use of buildings and land, parking, open space and similar bulk standards that are established by this chapter. (See individual zoning districts).

“DNR.” The Indiana Department of Natural Resources.

“DOMESTIC PETS.” Animals commonly used as household pets, protection, companions, and for assistance to disabled persons. Domestic pets shall include animals that are cared for and treated in a manner acceptable for pet dogs, cats, and birds. Domestic pets shall include, but not be limited to, dogs, cats, parakeets, parrots, finches, lizards, spiders, guinea pigs, hamsters, gerbils, rats, mice, rabbits, aquarium fish, ferrets, and snakes if cared for in the manner described above.

“DORMER PACKAGE.” Two or more dormers assembled side-by-side and not separated by some other architectural feature or element.

“DOWNTOWN MIXED-USE RESIDENTIAL.” Any single-family, two-family, or multi-family dwelling unit(s) located above a non-residential use in the same building.

“DRAINAGE.” The outflow of water or other fluids from a site through natural or artificial means.

“DRAINAGE CONCENTRATION.” The diversion of the natural flow of water, directed to a point or an area that creates a greater than natural flow at that point or area.

“DRAINAGE SYSTEM.” All facilities, channels and areas which serve to convey, filter, store and/or receive stormwater, either on a temporary or permanent basis.

“DRINKING PLACE.” An establishment whose primary use is the sale of beverages such as coffee or juice. A “DRINKING PLACE” shall not include a bar unless the sale of alcoholic beverages is also permitted in the district in which the drinking place is located. See also “BAR, TAVERN, OR COCKTAIL LOUNGE.”

“DRIP LINE.” The vertical line encompassing the outermost portions of the tree canopy extending to the ground.

“DRIVE-IN” or “DRIVE-UP FACILITY.” A small scale establishment developed so that its retail or service character is dependant on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons, while remaining in their motor vehicles, rather than within a building or structure.

“DRIVE-IN THEATER.” A cinema which is also a drive-in establishment. See also “CINEMA OR THEATER” and “DRIVE-IN OR DRIVE-THROUGH ESTABLISHMENT.”

“DRIVE-THRU SERVICE.” An opening or openings in the wall of a building or structure designed and intended to be used to provide for sales and/or service to patrons, who remain in their vehicles, of products that are used or consumed off-site.

“DRIVEWAY.” Access for vehicular movement to egress/ingress between the right-of-way of private or public streets and the required building setback line.

“DRIVEWAY, LEADING EDGE.” The edge of the driveway located behind the street right-of-way.

“DRIVING RANGE.” A tract of land equipped with distance markers for practicing golf shots.

“DRY CLEANING ESTABLISHMENT WITH ON-SITE PLANT.” An establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry with an on-site plant and the maintenance or operation of any laundry or dry cleaning equipment on the premises.

“DWELLING.” A building or structure or portion thereof used exclusively for residential occupancy, including single-family, two-family, and multi-family; however, excluding hotels, motels, and boarding houses.

“DWELLING, MULTI-FAMILY.” A building consisting of three or more dwelling units, including condominiums, with varying arrangements of entrances and party walls.

“DWELLING, SINGLE-FAMILY ATTACHED.” A building consisting of two or more dwelling units, each of which occupies a separate platted lot.

“DWELLING, SINGLE-FAMILY DETACHED.” A building consisting of a single dwelling unit only, separated from other dwelling units by open space. “SINGLE-FAMILY DWELLINGS” shall include modular homes and may include mobile homes. (See definitions.)

“DWELLING, SINGLE-LEVEL.” Any building containing exactly one-story above adjacent grade.

“DWELLING, TWO-FAMILY.” A building consisting of two dwelling units which may be attached either side-by-side or one above the other, and each unit having a separate or combined entrance or entrances. Includes condominiums.

“DWELLING UNIT.” A room or group or rooms designed and equipped exclusively for use as living quarters for only one family and including provisions for living, sleeping, cooking, and sanitary facilities. The term shall include manufactured and mobile homes but shall not include recreational vehicles.

“EASEMENT.” An authorization or grant by a property owner to specific person(s) or to the public to use land for specific purposes.

“DRAINAGE EASEMENTS.” These easements are for watercourses, drainage swales, streams, or buried storm water pipes or other structures that traverse the parcel, subdivision, or planned development. These easements shall be exclusive to that use and separate from the dedication of other utility easements.

“PERMANENT UTILITY EASEMENTS.” These easements shall be provided where it is necessary to accommodate utilities that serve the parcel, subdivision, or planned development allowing for utility service in and through the parcel, proposed subdivision or planned development.

“TEMPORARY UTILITY EASEMENTS.” These easements shall be provided where necessary to accommodate the installation of utilities that serve the parcel, subdivision, or planned development and typically expire after the initial installation of the required utilities.

“EASEMENT, NO ACCESS.” A public easement along right-of-way across which the access to the property is not permitted.

“EIFS.” External Insulation Finish System.

“ELDERLY HOUSING.” Any dwelling units occupied 90% or more by persons 60 years of age or older.

“ELECTRICAL TRANSMISSION TOWER.” A structure that physically supports high voltage overhead power lines. The term does not include a utility pole.

“ELEVATION (BUILDING).” A two-dimensional scaled drawing of any side of a building or structure.

“ELEVATION CERTIFICATE.” A certified statement that verifies the existing grade, pad, footings and/or structure elevation.

“ELEVATION CERTIFICATE.” (for floodplain management purposes) A FEMA form, routinely reviewed and approved by the White House Office of Management and Budget under the Paperwork Reduction Act, that is encouraged to be used to collect certified elevation information.

“EMPLOYEE.” The regular working staff, (paid, volunteer or otherwise) at maximum strength and in full-time equivalent numbers necessary to operate, maintain or service any given facility or use under normal levels of service.

“ENCLOSED AREA.” An area of a structure surrounded by walls on all sides. Also known as an enclosure.

“ENCLOSURE.” See “ENCLOSED AREA”.

“ENCLOSURE BELOW THE LOWEST FLOOR.” See “LOWEST FLOOR” and “ENCLOSED AREA”.

“ENCROACHMENT.” The advancement or infringement of uses, fill, excavation, buildings, permanent structures, or development into a sensitive natural environment, such as a floodplain or wetland areas. Such encroachment may impede or alter the natural systems in place in those areas, including altering the flow capacity of a floodplain. Shall also be defined as any work, equipment, construction material, merchandise, furniture, or other related items that are located in public right-of-way.

“ENTERTAINMENT RELATED FACILITIES AND USES.” Any use which is typically or commonly associated with permitted entertainment uses which may include but are not limited to:

(1) Amphitheater facilities. These accessory uses and structures can include but are not limited to stage houses, pavilion seating, lawn seating, sound amplification systems, lighting towers, hospitality rooms, guest rooms and suites, dressing rooms, firework displays.

(2) Concession and merchandise stands. This includes stands for the sale of food, alcohol and beverages; stands for the sale of event related merchandise; stands for the rental of customer convenience items such as lawn chairs or strollers; and other vendor kiosks or stations.

(3) Entrance/ticket facilities. These include entry plazas, bridge and ticket gates, and box office.

(4) Merchandise buildings. These include office, storage, warehouse, and sales administration related to merchandise tracking, preparation and on-site sales.

(5) Plaza areas. These areas include plaza stage, party plaza shelters and VIP club and plaza.

(6) Property management facilities. These include property management/grounds office buildings, maintenance buildings, storage buildings, workshops, and parking operations house.

(7) Restrooms and related accommodations including port-o-lets.

(8) Specialty lights for individual productions, concerts, and shows.

“EPA.” The Environmental Protection Agency of the United States.

“EQUIPMENT COMPOUND.” The area that:

(1) Surrounds or is near the base of a wireless support structure; and

(2) Encloses wireless facilities.

“EROSION.” The removal of surface materials by the action of natural elements.

“ESCROW.” The arrangement for the handling of instruments or money not to be delivered until specified conditions are met.

“ESSENTIAL SERVICES.” The erection, construction, alteration, or maintenance of gas, electrical, communication facilities, steam, fuel, or water transmission or distribution systems, collection, supply, or disposal systems. Such systems may include: poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants, and similar accessories, but shall not include buildings which are necessary for the furnishing of such services.

“ESTABLISHMENT.” Any business regulated by this chapter.

“EVERGREEN.” A plant having green leaves or needles throughout the entire year.

“EXCAVATION.” An operation for the movement, placement, or removal of earth, sand, gravel, rock, or any other material in or on the ground by use of tools or mechanized equipment or by discharge of explosives, including auguring, backfilling, boring, digging, ditching, drilling, driving, grading, jacking, plowing in, pulling in, ripping, scraping, trenching, and tunneling.

“EXCLUDED EVENT OR LOCATION.” An area, location, or event where the operation of a mobile food vehicle is prohibited as stated in this chapter unless permission is received from the event organizer or Noblesville Park Board.

“EXISTING MANUFACTURED HOME PARK OR SUBDIVISION.” A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final grading or the pouring of concrete pads) is completed before the effective date of the community’s first floodplain ordinance.

“EXISTING STRUCTURE.” Does not include a utility pole or an electrical transmission tower.

“EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION.” The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final grading or the pouring of concrete pads).

“EXPLICIT SEXUAL MATERIAL.” Any hard-core material.

“EXPOSITIONS, INDOOR.” A public exhibition or show located entirely within an enclosed building which may include conventions, trade shows, auctions, flea markets, swap meets, or other types of exhibition. Expositions are typically a temporary use lasting no more than a weekend, a holiday weekend, or a maximum of one week period time.

“EXPOSITIONS, OUTDOOR.” A public exhibition or show not located entirely within an enclosed building which may include conventions, trade shows, or other types of exhibition. Expositions are typically a temporary use lasting no more than a weekend, a holiday weekend, or a maximum of one week period time.

“FACADE.” An exterior wall or face of a building.

“PRIMARY FACADE.” The front exterior wall or face of a building that contains its main entrance and/or fronts a street.

“SECONDARY FACADE.” The exterior wall or face of a building that does not contain the its main entrance and/or does not front a street.

“FACADE.” An exterior wall or face of a building.

“FRONT FACADE.” Any exterior wall of a building containing the primary entrance and that is oriented towards and most parallel to a lot line with frontage on a street for which no buildable lots are located between the lot line and said street.

“PRIMARY FACADE.” Any exterior wall of a building that is oriented towards and may be parallel to a lot line with frontage on a street, or fronting a common area, perimeter landscape buffer yard, and/or a Noblesville Alternative Transportation Trail for which no buildable lots are located between the lot line and said street, common area, Noblesville Alternative Transportation Trail, and/or landscape buffer yard.

“SECONDARY FACADE.” Any exterior wall that is not considered a “PRIMARY FACADE” or “FRONT FACADE.

“FACADE VARIATION.” Shifts in the plane of walls, setbacks, reveals, overhangs, and details in order to create fluctuation in the building's facade.

“FAIR MARKET VALUE.” The value of land, structures, or both as determined by one or more professional real estate appraisers under the provisions of this chapter.

“FAIRGROUNDS.” The Hamilton County (Indiana) Fairgrounds.

“FALSE-FRONT GABLE.” A triangular shape that is created on the slope of the main roof and represents a gable used strictly for decorative purposes.

“FAMILY.” An individual or two or more persons related by blood, marriage, guardianship, or legal adoption living together as a single housekeeping unit within a dwelling unit, plus no more than two domestic servants. A “FAMILY” may also consist of not more than three unrelated persons.

“FARM.” See “AGRICULTURAL USES.”

“FBFM.” Flood Boundary and Floodway Map.

“FEMA.” Federal Emergency Management Agency.

“FENCE.” A freestanding structure, made of metal, masonry, composition, or wood, or any combination thereof, resting on or partially buried in the ground, rising above ground level designed and constructed for enclosure, confinement, protection, or screening.

(1) “DECORATIVE FENCE.” An open ornamental (metal) fence which main purpose is to decorate or enhance the appearance of the existing lot and principal structure and is not being used as a visual enclosure or barrier. Columns for this type of fencing may include masonry, stone, wrought iron, brick, or a combination thereof. Fences consisting of chain-link mesh, welded or woven wire, barbed wire, or sheet metal fences, and metal pipe materials are excluded from this definition.

(2) “OPEN FENCE.” A fence that is a minimum of 60% transparent as viewed from the outside of the fence. This type offence includes but is not limited to chain-link or vinyl-link without slats, split-rail or post and rail, picket, and wrought-iron.

(3) “SOLID/VISION BLOCK FENCE.” A fence that is a minimum of 50% opaque as viewed from the outside of the fence. This type of fence includes but is not limited to wooden or vinyl shadowbox, stockade, concave, dog-ear cut, convex, panel and/or masonry materials such a brick or stone.

“FESTIVALS.” A program of cultural performances, exhibitions, or competitions which include fairs, carnivals, haunted houses, as well as other seasonal celebrating activities such as holiday light shows. Festivals may include amusement rides and games. Festivals are typically a temporary use lasting no more than one week at a time or in some instances seasonal festivals may last the duration of the season.

“FILL.” Any act by which earth, sand, gravel, rock, or any other material is placed, pushed, dumped, pulled, transported, or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade. Also, the material used to make a fill.

“FILL.” (for floodplain management purposes) Any material deposited or placed that has the effect of raising the level of the ground surface above the natural grade elevation. Fill material includes but is not limited to consolidated material such as concrete and brick, and unconsolidated material such as soil, sand, gravel, and stone.

“FINAL PLAT.” See “PLAT, SECONDARY.”

“FINANCIAL INSTITUTION.” Any business that the primary occupation is concerned with federal or state regulated businesses such as banking, savings and loans, loan companies, and investment companies.

“FINISHED GOODS, ASSEMBLY AND PACKAGING.” An establishment engaged in the assembly and/or packaging of finished goods for the purpose of wholesaling or distribution.

“FIRM.” Flood Insurance Rate Map.

“FLAG.” A rectangular piece of fabric of distinctive design that is or represents an official symbol of a nation, state, municipality, or the legal entity that occupies the property.

“FLEX or FLEXIBLE USES.” Spaces designed to easily transition from one use to another with little or no alteration to the physical space.

“FLOOD” or “FLOODING.” A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1) The overflow of inland or tidal waters;

(2) The unusual and rapid accumulation or runoff of surface waters from any source;

(3) Mudslides (i.e., mudflows), which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

“FLOOD” or “FLOODING.” Also includes the collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels that result in a flood as defined above.

“FLOOD, REGULATORY.” The flood having a 1% chance of being equaled or exceeded in any given year, as calculated by a method and procedure that is acceptable to and approved by the Indiana Department of Natural Resources (IDNR) and the Federal Emergency Management Agency (FEMA). The regulatory flood elevation at any location is as defined in § 159.109 (A)(3). The “REGULATORY FLOOD” is also known by the terms “BASE FLOOD”, “1% ANNUAL CHANCE FLOOD”, and “100-YEAR FLOOD”.

“FLOOD BOUNDARY AND FLOODWAY MAP (FBFM).” An official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated the areas of flood hazards and regulatory floodway.

“FLOOD FRINGE.” Those portions of the floodplain lying outside the floodway.

“FLOOD HAZARD AREA.” Any area subject to the 1% annual change flood. See “SPECIAL FLOOD HAZARD AREA”.

“FLOOD INSURANCE RATE MAP (FIRM).” An official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

“FLOOD INSURANCE STUDY (FIS).” The official hydraulic and hydrologic report provided by FEMA. The report contains flood profiles, as well as the FIRM, FBFM (where applicable), and the water surface elevation of the base flood.

“FLOOD-PRONE AREA.” Any land area acknowledged by a community as being susceptible to inundation by water from any source. See “FLOODPLAIN”.

“FLOOD PROTECTION GRADE (FPG).” The base flood elevation (BFE) plus two feet at any given location in the SFHA. See “FREEBOARD”.

“FLOODPLAIN.” The channel proper and the areas adjoining any wetland, lake or watercourse which have been or hereafter may be covered by the regulatory flood. The “FLOODPLAIN” includes both the floodway and the floodway fringe districts. The “FLOODPLAIN” is shown on the FIRM map(s).

“FLOODPLAIN MANAGEMENT.” The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, the natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

“FLOODPLAIN MANAGEMENT REGULATIONS.” Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, and erosion control ordinance), and other applications of police power that control development in flood-prone areas. The term describes such state or local regulations, in any combination thereof, that provide standards for flood damage prevention and reduction.

“FLOODPROOFED BUILDING.” A building designed to exclude floodwaters from the interior of that building or otherwise preclude the possibility of flood damage. All such floodproofing shall be adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regulatory flood, as certified by a registered professional engineer or an architect licensed to practice in the state.

“FLOODPROOFING (DRY).” A method of protecting a structure that ensures that the structure, together with attendant utilities and sanitary facilities, is watertight to the floodproofed design elevation, with walls that are substantially impermeable to the passage of water. All structural components of these walls are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy and anticipated debris-impact forces.

“FLOODPROOFING CERTIFICATE.” A form used to certify compliance for non-residential structures as an alternative to elevating structure to or above the flood protection grade.

“FLOODWATERS.” The water of any lake, stream, creek, drainage ditch or watercourse that is above its banks and/or outside of the channel and banks of said lake, stream, creek, drainage ditch or watercourse.

“FLOODWAY.” The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

“FLOODWAY FRINGE.” Those portions of the Flood Hazard Areas lying outside the floodway as shown on the FIRM map(s).

“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, except for porches, garages, or space in a basement or cellar when said basement or cellar space is used for storage or other such incidental uses. The “GROSS FLOOR AREA” is generally applied in residential use.

“FLOOR AREA (FOR THE PURPOSE OF PARKING CALCULATIONS).” The total horizontal areas of the one or several floors of the building or portion thereof devoted to the use, from the exterior face of exterior walls, but excluding any space where the floor to ceiling height is less than six feet.

“FLOOR AREA, NET.” The gross floor area of the specified use excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms, display windows, fitting rooms, etc. The “NET FLOOR AREA” is generally applied in non-residential use.

“FLOOR AREA RATIO.” The net floor area of the building divided by the area of the lot(s) on which such building is located.

“FLOOR LEVEL.” A continuous supporting surface extending horizontally throughout the building.

“FOOD PRODUCTION.” An establishment engaged in manufacturing, processing, and/or packaging of food products for wholesaling and distribution.

“FOUNDATION.” The supporting member of a wall or structure.

“FOUNDATION, PERMANENT.” A structural support system for transporting loads from a structure to the earth at a depth below the frost line without exceeding the safe bearing capacity of the supporting soil.

“FREEBOARD.” A factor of safety, usually expressed in feet above the base flood elevation (BFE), which is applied for the purposes of floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights greater than those calculated for the base flood.

“FRINGE (FLOOD FRINGE).” Those portions of the floodplain lying outside the floodway.

“FRONTAGE.” Property connected directly with a street or highway. For the purpose of determining frontage, an alley is not considered to be a street or highway.

“FRONT ENTRY.” The main entrance to a structure that fronts on or gives direct access to a street or road.

“FUNCTIONALLY DEPENDENT USE.” An activity or establishment that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

“FUNERAL HOMES.” See “MORTUARY OR FUNERAL HOME.”

“GALLERY/MUSEUM.” A privately-operated facility or area for the acquisition, preservation, study, exhibition or sale of works of artistic, historic or scientific value.

“GARAGE, COMMUNITY.” A detached accessory structure, or collection of detached accessory structures, used for the storing or parking of passenger vehicles and/or recreational vehicles and/or boats of the occupants of the premises. Such uses shall be permitted only inside multi-family developments.

“GARAGE DOOR PERCENTAGE (SINGLE-FAMILY DETACHED STRUCTURES IN PD'S ONLY).” The ratio of the area of all garage doors divided by the total area of the facade on which the garage doors are located. In a residential planned development, this calculation would include the roof, windows, and doors on said overall facade.

“GARAGE, PRIVATE.” A detached accessory structure, or a portion of the principal building, used for the storing or parking of passenger vehicles and/or recreational vehicles and/or boats of the occupants of the premises.

“GARAGE, PUBLIC OR COMMERCIAL.” A principal building or accessory structure other than a private or storage garage, used for the parking or temporary storage of passenger vehicles.

“GARAGE SALE (RUMMAGE SALE, NEIGHBORHOOD, ESTATE AND OTHER SIMILAR ACTIVITIES).” The sale or offering for sale to the general public of personal property on any portion of a lot in any zoning district, either within or outside of a structure on a temporary basis. It includes a single individual, a group of individuals, and/or a sale conducted by a religious, school, or not-for-profit organizations.

“GARAGES, COMMUNITY.” Multi-bay structures used for storage or vehicle parking offered for rent within a multi-family development.

“GLASS.” A hard, brittle transparent or translucent substance, produced by melting a mixture of silica oxides; while molten it may be blown, drawn, rolled, pressed, or cast into a variety of shapes.

“GLASS BLOCK.” Two sheets of plate glass with an air space between them, formed into a sealed modular hollow block.

“GOLF COURSE.” An area of land laid out for golf with a series of nine or 18 holes each including tee, fairway, and putting green and often one or more natural or artificial hazards. Naturalized areas are acceptable alternatives to resurfaced and well-manicured courses. This definition may include a driving range accessory to the golf course, but a driving range as a primary use shall not constitute a “GOLF COURSE.”

“GOVERNMENT OFFICES.” An office use owned or operated by a unit of government, except for fire and police stations, post offices, libraries, or other government-owned or operated uses elsewhere specified in the Schedule of Uses. This definition also shall not include offices which are accessory to the primary use of a lot or structure, such as parks or utility plants.

“GRACE PERIOD.” An extension of time granted for correction, termination, or cessation of a violation of this Unified Development Ordinance or related codes.

“GRADE.” The level of the ground. Elevation.

“GRADE, AVERAGE.” The mean elevation of the land measured at the front setback line between the side lot lines.

“GRADE, FINISHED.” The elevation of the finished surface of the ground adjoining the building or structure after final grading and normal settlement.

“GRADING PLAN.” A drawing(s) indicating the existing vertical elevation of the ground prior to any excavation, filling, or other construction activity and the resulting vertical elevation of the ground surface after man-made alterations have been completed.

“GRANDFATHER, GRANDFATHERED, GRANDFATHERING.” See “NONCONFORMING LOT, USE, STRUCTURE.”

“GREEN BELT.” A landscaped area required in the MO District which measures 25 feet in depth and the width of the building plus 20 feet in length, and is installed on all sides of the building.

“GREEN SPACE.” Areas designated for public gatherings or recreation.

“GROSS LEASABLE AREA.” Gross floor area minus elevator shafts and stairways, public restrooms, public lobbies, common mall areas, atriums and courtyards provided solely for pedestrian access to the buildings from the exterior; and permanently designated corridors.

“GROSS PUBLIC FLOOR AREA.” The total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-counter areas, storage areas visible from such other areas, restrooms (whether or not labeled “public”), areas used for cabaret or similar shows (including stage areas), plus aisles, hallways, and entryways serving such areas.

“GROUND FLOOR LEVEL.” That level of a structure which is not more than three feet above or three below grade as defined in this chapter. It is generally the first floor of living area.

“GROUNDCOVER.” A species of low-growing plant used for the purpose of growing over an area of ground.

“GROWTH HABIT.” The mode or rate of growth, general shape, mature size, and branching structure of a plant including the changes that take place seasonally during its life cycle.

“GUYED TOWER.” A telecommunications tower that is supported, in whole or in part, by guy wires and ground anchors.

“HABITAT PRESERVATION AREA.” An area of a site in which the entire natural habitat is unchanged and protected for the preservation of trees, storm water infiltration, and/or wildlife.

“HARD-CORE MATERIAL.” Media characterized by sexual activity that includes one or more of the following: erect male organ; contact of the mouth of one person with the genitals of another; penetration with a finger or male organ into any orifice in another person; open female labia; penetration of a sex toy into an orifice; male ejaculation; or the aftermath of male ejaculation.

“HARDSCAPE.” The non-living elements used in landscape such as decorative walls, ledges, fountains, sculptures, stone paths, etc.

“HARDSHIP.” The exceptional burden that would result from failure to grant a requested variance. The Board of Zoning Appeals requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. “HARDSHIP”also does not result from an inability to use a parcel exactly as intended by the property owner as long as there remains a viable use of the property.

“HEADQUARTERS.” A facility that is the center of operations for an organization or company. Also may be called the chief administrative office.

“HEALTH FITNESS FACILITY.” A place that provides activity components including strength training, muscular development, and endurance training and nutritional guidance conducted by a personal trainer or as group sessions.

“HEALTH OFFICER.” Any Officer of authority within the Hamilton County Health Department and Indiana State Health Department.

“HEDGE.” a row or rows of closely planted shrubs, bushes, or combination thereof creating a vegetative barrier.

“HEIGHT, BUILDING.” The vertical distance measured from the average finished grade to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridges for gable, hip and gambrel roofs. (See also “HEIGHT, STRUCTURE.”)

“HEIGHT, SIGN.” The vertical distance measured from the highest point of the sign to the finished grade of the ground immediately beneath the sign. For those instances when the sign is constructed on an artificially constructed earthen berm, the “SIGN HEIGHT” shall be measured from the highest point of the sign to the base of the earthen berm.

“HEIGHT, STRUCTURE.” The vertical distance measured from the average finished elevation to the highest point of the structure.

“HELIPAD.” A location which is occasionally set aside for helicopters to land and take off which is intended to be an accessory use that is temporary in nature.

“HELIPORT.” A place for helicopters to land and take off usually constructed of an asphalt or concrete pad that is appropriately marked and lighted.

“HERBACEOUS PLANT.” A plant with a non-woody stem, typically the above-ground growth dies back in the winter.

“HIGHEST ADJACENT GRADE.” Highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a structure.

“HIGHWAY.” See “STREET.”

“HISTORICAL SIGNIFICANCE.” The process used to evaluate what was noteworthy about selected architectural styles and developments in the past that had an impact towards changing the future as well as its relationship to current housing styles and determining final decisions of current architectural styles relevance to the earlier architectural styles.

“HISTORIC STRUCTURE.” Any structure that is:

(1) Individually listed on the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3) Individually listed on a state inventory of historic places in states with historic preservation programs that have been approved by the Secretary of the Interior; or

(4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by:

(a) An approved state program as determined by the Secretary of the Interior; or

(b) Directly by the Secretary of Interior in states without approved programs.

“HOME OCCUPATION.” A business use conducted completely within a dwelling unit, carried on by any member of the immediate family residing on the premises, clearly incidental and secondary to the use of the dwelling for residential purposes.

“HOMOGENEITY.” The uniformity of the overall structure, resulting from the compatibility of components.

“HOSPITAL.” An institution licensed by the State Department of Health and providing health services primarily for inpatient medical or surgical care of the sick or injured and including related facilities such as laboratories, 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.” A building in which lodging is offered with or without meals principally to transient guests and that provides a common entrance, lobby, halls, and stairways. See also “MOTEL, BED AND BREAST ESTABLISHMENT, AND BOARDING HOUSE.”

“HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSIS.” Analysis performed by a professional engineer licensed by the State of Indiana, in accordance with standard engineering practices that are accepted by the Indiana Department of Natural Resources and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles.

“IDNR.” The Indiana Department of Natural Resources.

“ILLUMINATION.” An artificial light source incorporated internally or externally for the purposes of illuminating the sign.

“ILLUMINATION, BARE-BULB.” A light source which consists of light bulbs with a 20 watt maximum wattage for each bulb.

“ILLUMINATION, FLOOD.” A light source which shines directly upon the object which it is intended to illuminate.

“ILLUMINATION, HALO-LIT.” Individually mounted opaque, internally backlit letters that illuminate the wall or surface to which they are attached.

“ILLUMINATION, INDIRECT.” A light source which does not directly shine upon the object which it is illuminating.

“ILLUMINATION, INTERNAL.” A light source that is concealed or contained within the object which it is intended to illuminate and becomes visible in darkness through a translucent .

“IMPACT.” The effect of one land use upon another as measured by traffic or noise generation; site activity, hours of operation, site lighting, vibration, smoke or odor emissions or similar factors.

“IMPERVIOUS SURFACE.” Any surface that does not allow water to be absorbed or percolate into the ground. Such surfaces include areas covered by buildings, porches, patios, swimming pools, tennis courts and also includes surfaces constructed of asphalt, concrete, gravel composite, brick, stone, tile, or any other paving material used for parking, driveways, and walkways.

“IMPROVEMENT.” Any alteration to the land or other physical constructions associated with subdivision and building site development.

“IMPROVEMENT LOCATION PERMIT.” A permit issued by the Director of Planning and Development permitting a person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure as a part of a building permit and/or the alteration of the condition of land, change of use or occupancy, or any change that is subject to the provisions of this chapter not governed by other requirements. A separate improvement location permit shall be issued for grading, earthwork, pad elevations, and similar activities and is required prior to the issuance of a building permit and/or in conjunction with the approval of the Technical Advisory Committee members. A performance bond is required in the amount of 110% of the improvements and/or disturbance of the land including grading, topsoil removal, excavation etc. and shall be posted with the Department of Planning and Development prior to the issuance of an improvement location permit for any land disturbance activities associated with multi-family, commercial, industrial, and/or institutional uses.

“IMPROVEMENT, PUBLIC.” Any drainage ditch, roadway, sidewalk, tree, lawn, off-street parking area, main, or other facility for which the local or state government may ultimately assume the responsibility for maintenance and/or operation, or which may affect an improvement for which local or state government responsibility is established. All such improvements shall be properly bonded. See also “INFRASTRUCTURE.”

“IMPROVEMENT, SUBSTANTIAL.” Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred substantial damage regardless of the actual repair work performed. The term does not include those improvements of structures to correct existing violations of state or local health, safety, sanitary code requirements or an alteration of a historic structure, provided said alteration shall not preclude the structures continued designation as a historic structure.

“IMPROVEMENT, TEMPORARY.” Improvements built and maintained by a subdivider during construction of the subdivision and which may become permanent prior to release of the performance bond.

“IMPROVEMENT LOCATION PERMIT.” A certificate issued by the Director of Planning and Development permitting a person, firm, or corporation 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.

“INCREASED COST OF COMPLIANCE (ICC).” The cost to repair a substantially damaged structure that exceeds the minimal repair cost and that is required to bring a substantially damaged structure into compliance with the local flood damage prevention ordinance. Acceptable mitigation measures are elevation, relocation, demolition, or any combination thereof. All renewal and new business flood insurance policies with effective dates on or after June 1, 1997 will include ICC coverage.

“INDIVIDUAL LETTERS.” May include channel letters/figures, sandblasted letters/figures, wood-carved letters/figures or other types as determined by the Director of Planning and Development or his or her designee.

“INDIVIDUAL SEWAGE DISPOSAL SYSTEM.” A septic tank, seepage tile, sewage disposal system, or any other approved sewage treatment device designed for use in a limited area.

“INDOT.” The Indiana Department of Transportation.

“INDUSTRIAL, EXTRACTIVE.” Any mining, quarrying, excavating, processing, storing, separating, or cleaning, of any mineral natural resource.

“INDUSTRIAL, HEAVY.” Manufacturing, processing, assembly, 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.

“INDUSTRIAL, LIGHT.” Manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet, and free of objectionable or hazardous elements such as smoke, noise, odor, or dust; operating and storing within enclosed structures; and generating little industrial traffic and no nuisances.

“INFRASTRUCTURE.” The fixed public works and facilities necessary in a community, such as sewers, water systems, and streets.

“INNOVATION.” A facility that enables problem-solving and provides creative insight that allows things to be looked at from a different perspective. Includes assembly facilities, research and design labs, and technology related production uses.

“INSTITUTIONAL.” Public and quasi-public land uses which enhance the community’s quality of life, such as schools, churches, libraries, or hospitals, but not including such uses as utility plants or garages.

“INTEGRATED DEVELOPMENT.” A development containing three or more stores, service establishments, offices or other permitted uses planned, organized, and managed to function as a unified whole and featuring all or some of the following features in common: (1) driveways, (2) parking, (3) signage plan, (4) landscaping plan, and/or platted as a subdivision that may include outlots for lease or for sale.

“INTERNATIONAL CODE COUNCIL-EVALUATION SERVICE (ICC-ES) REPORT.” A document that presents the findings, conclusions, and recommendations from a particular evaluation. ICC-ES reports provide information about what code requirements or acceptance criteria were used to evaluate a product, and how the product should be identified and installed.

“INVASIVE PLANT SPECIES.” An alien species that is not native to the ecosystem under consideration and whose introduction does or is likely to cause economic or environmental harm or harm to human, animal, or plant health.

“ITEM OF INFORMATION.” A word, an initial, a logo, an abbreviation, a number, a symbol, or a geometric shape.

“JUNK YARD/SALVAGE YARD.” Any place at which person property is or may be salvaged for reuse, resale, 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 and their compounds or combinations; used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick, and other similar properties, except animal matter and used motor vehicles or the equipment which is used, owned or possessed for the purpose of wrecking of salvaging parts therefrom.

“JURISDICTION.” Jurisdiction of local government means all land within its boundaries and any land outside its boundaries over which it is authorized to exercise powers under state planning legislation.

“KENNEL.” Any premises where more than three dogs and/or cats over four months of age are housed, groomed, bred, boarded, trained, and/or sold, except for those which are primarily kept indoors at a single- family residence as domestic pets.

“KENNEL, COMMERCIAL.” A place primarily for the keeping of three or more dogs, cats, or other small animals of at least four months of age that are housed, groomed, bred, boarded, trained, and/or sold.

“KENNEL, PRIVATE.” A place for keeping three or less dogs, cats, or other small animals for personal use and enjoyment which are primarily kept indoors at a residence as domestic pets and is subordinate to the primary use.

“LABORATORY.” A place equipped for experimental study in a science or for testing and analysis, including chemical labs, dental-medical labs, and labs performing mechanical. electrical, physical or environmental tests.

“LAMP.” The component of a luminaire that produces the actual light.

“LAND.” The earth, water, and air above, below, or on the surface, including any improvements or structures customarily regarded as land.

“LAND USE DESIGNATION.” The classification of land according to the general use allowed therein, under which certain regulations are imposed and which appears in one or more locations on the City of Noblesville's Comprehensive Master Plan Land Use Map.

“LAND USE MAP.” The official City of Noblesville's map that is a part of the Comprehensive Master Plan which generalizes boundaries of the land use designations.

“LANDSCAPE AREA.” Areas on or adjacent to a lot or right-of-way or the perimeter of a development that are identified for application of landscaping regulations. “LANDSCAPE AREAS” include street tree plantings, parking lots including islands and perimeter, foundation planting areas, building base landscaping areas, peripheral buffer yard areas, LID Stormwater BMPs, and retention/detention pond areas.

“LANDSCAPE BUFFER YARD.” An area adjacent to the front, side, and rear property lines of a development, measured perpendicularly from and parallel to adjacent property lines and/or right-of-way lines, intended to provide attractive spaces to reduce the impacts of proposed uses on adjacent properties and rights-of-way, or to maintain natural features, or as required by this chapter. Buffers help to maintain existing trees and natural vegetation; to block or reduce noise, glare, or other emissions; and to maintain privacy. “LANDSCAPE BUFFER YARDS” are in addition to and separate from front, side, and rear yard setbacks and are not contained within any lots. This area is common area to be maintained by the property owners, homeowners association, developer(s) and/or another entity approved by the Director of Planning and Development.

“LANDSCAPE ISLAND.” A landscape area defined by a curb or edge of pavement and surrounded on all sides by pavement. To function as a LID Stormwater BMP, the landscape island shall be at a lower grade than the surrounding pavement and strategic breaks in the curbing shall allow drainage from pavement to enter into the recessed landscaping area.

“LANDSCAPE MATERIALS.” Trees, shrubs, grasses, plants, decorative fences, walls, berms, irrigation systems, flower beds, ground cover, and edging. Xeriscaping landscape materials are encouraged to function as LID Stormwater BMPs. Artificial trees, shrubs, grasses, plants, flowers, ground cover are not considered “LANDSCAPE MATERIAL.”

“LANDSCAPE PENINSULA.” A landscaped area defined by a curb or edge of pavement and surrounded by paving on three sides. To function as a LID stormwater BMP, the landscape peninsula shall be at a lower grade than the surrounding pavement and strategic breaks in the curbing shall allow drainage from pavement to enter into recessed landscape area.

“LANDSCAPE PLAN.” A scaled drawing, prepared by a licensed landscape architect or a landscape contractor, showing all plant materials including locations, sizes, species (botanical and common names) at the time of planting, signed by one of the above including a license number for the landscape architect. The mature tree canopy size shall be included.

“LANDSCAPE, STRUCTURE (HARD SCAPE).” Decorative fences, walls, retaining walls, decorative rocks, pavers, fountains, or like materials.

“LANDSCAPING.” The improvements of an area with trees, shrubs, grasses and other vegetation and/or ornamental objects. Landscaping may include flowerbeds, berms, fountains, depressions for LID Stormwater BMPs, and other similar and man-made objects designed and arranged to create an aesthetically pleasing effect.

“LATTICE TOWER.” A guyed or self-supporting three or four sided, open, steel frame structure used to support telecommunications equipment.

“LAUNDRIES/DRY CLEANERS WITH ON-SITE PLANT.” A commercial laundering or dry cleaning establishment that contains the cleaning facilities on-site.

“LETTER OF CREDIT.” An irrevocable letter of credit, issued by a bank on behalf of a developer, subdivider, owner, or their designated representative, providing a cash surety to a governmental body, guaranteeing the completion of physical improvements according to the approved plans and specifications, within a prescribed time.

“LETTER OF FINAL DETERMINATION (LFD).” A letter issued by FEMA during the mapping update process which establishes final elevations and provides the new flood map and flood study to the community. The LFD initiates the six-month adoption period. The community must adopt or amend its floodplain management regulations during this six-month period unless the community has previously incorporated an automatic adoption clause.

“LETTER OF MAP CHANGE (LOMC).” A general term used to refer to the several types of revisions and amendments to FEMA maps that can be accomplished by letter. They are broken down into the following categories:

(1) CONDITIONAL LETTER OF MAP REVISION (CLOMR). FEMA’s comment on a proposed project that would, upon construction, result in modification of the SFHA through the placement of fill outside the existing regulatory floodway;

(2) “CONDITIONAL LETTER OF MAP REVISION BASED ON FILL (CLOMR-F).” A letter from FEMA stating that a proposed structure that will be elevated by fill would not be inundated by the base flood;

(3) “LETTER OF MAP AMENDMENT (LOMA).” An amendment by letter to the currently effective FEMA map that establishes that a building or land is not located in a SFHA through the submittal of property specific elevation data. A LOMA is only issued by FEMA;

(4) “LETTER OF MAP AMENDMENT OUT AS SHOWN (LOMA-OAS).” An official determination by FEMA that states the property or building is correctly shown outside the SFHA as shown on an effective NFIP map. Therefore, the mandatory flood insurance requirement does not apply. An out-as-shown determination does not require elevations;

(5) “LETTER OF MAP REVISION (LOMR).” An official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations;

(6) “LETTER OF MAP REVISION BASED ON FILL (LOMR-F).” FEMA’s modification of the SFHA shown on the FIRM, based on the placement of fill outside the existing regulatory floodway.

“LEVEL OF SERVICE.” A qualitative measure describing operational conditions within a traffic stream and the perception thereof by road users. Level of Service standards may be evaluated in terms such as speed and travel, time, freedom to maneuver, traffic interruptions, comfort, convenience, geographic accessibility, and safety. The highway capacity manual defines six levels of service for each type of facility for which analysis procedures are available. They are given letter designations from ‘A’ to ‘F’, with level of service ‘A’ representing the best operating conditions and level of service ‘F’ the worst operating conditions, as calculated by a methodology endorsed by the Institute of Transportation Engineers (ITE).

“LIBRARY.” A permanent building or portion of a building whose primary use is the temporary loan of books and other reading material to the public. Such uses may also include the loan of audio or video tapes, the use of computer hardware and software, and meeting rooms.

“LIGHT FIXTURE.” The assembly that houses a lamp or lamps.

“LIGHT SOURCE.” Source from which light emanates either directly from a bulb or indirectly from a reflective enclosure, lens, or diffuser. Light level meters are used to measure such intensities and are calibrated in foot-candles or Lux.

“LINGERIE MODELING STUDIO.” An establishment or business that provides the services of live models modeling lingerie to individuals, couples, or small groups in a room smaller than 600 square feet either as a temporary or primary use.

“LOADING BERTH.” An off-street space for the temporary parking of a commercial vehicle while loading and unloading goods or materials within a loading facility exclusive of driveways, aisles, maneuvering areas, ramps, columns, landscaping areas, office and work areas.

“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.

(1) Required off-street loading space is not to be included as off-street parking space in computation of required off- street parking space.

(2) All off-street loading spaces shall be located totally outside of any street or alley right-of-way.

“LOGO.” The official emblem or insignia of an organization, corporation, or institution.

“LONG TERM CARE FACILITIES.” See “CONVALESCENT, NURSING OR REST HOME.”

“LOT.” A parcel of land located within a single block and may be either a lot of record or a zoning lot.

“LOT, CORNER.” A lot located at the intersection of two or more streets, the interior angle of such intersection not exceeding 135 degrees. A lot abutting 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.

“LOT, FLAG.” Any lot that does not meet the minimum street frontage requirements and that continues the narrow width from the frontage for some distance and becomes wider and takes shape as a rectangle or similar shape of which said lot resembles a hanging flag from a flag pole.

“LOT, INFILL.” A lot or parcel bordered on at least two sides by another established development.

“LOT, INTERIOR.” A lot with only one frontage on a street.

“LOT PERIMETER.” Any lot located adjacent to a common area, perimeter landscaping buffer, and/or a Noblesville Alternative Transportation Trail for which no buildable lots are located between said lot and said street(s).

“LOT, REVERSED FRONTAGE.” 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.

“LOT, THROUGH.” A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.

“LOT, ZONING.” A single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under a single ownership or control. A zoning lot may not coincide with a lot of record.

“LOT AREA.” The area of any lot exclusive of street, highway, alley, road, or other rights-of-way, the area of the horizontal plane of the lot bounded by the vertical plans of the front, side, and rear lot lines. Easements are considered to be part of the lot area.

“LOT COVERAGE.” The ratio of the enclosed ground floor area of all buildings on a lot to the total area of the lot.

“LOT COVERAGE, MAXIMUM.” The percentage of buildable lot that can be covered with impervious surface including but not limited to principal buildings and accessory structures, parking, driveways, and walkways.

“LOT DEPTH.” The distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

“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 “YARDS” in this section.

“LOT LINE, REAR.” The lot line opposite the front lot line. On a lot pointed at the rear, the rear lot 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 lot has two front yards (those fronting on a street) and two side yards.

“LOT LINE ADJUSTMENT.” A division made for the purpose of adjusting a boundary line(s), which does not create any additional lot; cause any lot to contain insufficient area, dimensions or building setbacks, or reduce the overall area in a subdivision plat devoted to open space and which is not inconsistent with any restrictions or conditions of approval for the recorded plat, and does not have a common boundary and does not circumvent the subdivision procedures as set forth in this chapter.

“LOT WIDTH.” The horizontal distance between the side lot lines, measured at the building setback line.

“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 lot 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 considered to be the front.

“LOT LINE, SIDE.” Any lot line other than a front lot line or rear lot line.

“LOT OF RECORD.” A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder; or a lot or a parcel described by metes and bounds, legally defined and duly recorded in the office of the County Recorder prior to January, 1974.

“LOW IMPACT DEVELOPMENT (LID).” A land planning and engineering design approach with a goal of replicating the pre-development hydrologic regime of urban and developing watersheds. The primary goal of LID is to mimic a site's predevelopment hydrology by reducing the impervious surface, infiltrating, filtering, storing, evaporating, and detaining runoff close to its source.

“LOWEST ADJACENT GRADE.” Lowest elevation, after the completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure.

“LOWEST FLOOR.” (for floodplain management purposes) The lowest elevation described among of the following:

(1) The lowest floor of the structure;

(2) The basement floor;

(3) The garage floor, if the garage is connected to the structure;

(4) The first floor of a structure elevated on pilings or pillars;

(5) The floor level of any enclosure, other than the basement, below an elevated structure, where the walls of the enclosure provide any resistance to the flow of floodwaters. Designs for meeting the flood opening requirement must either be certified by a registered professional engineer or architect, or meet or exceed the following criteria:

(a) The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of floodwaters;

(b) At least two openings are designed and maintained for the entry and exit of floodwater; and these openings provide a total net area of at least one square inch for every one square foot of enclosed area. The bottom of all such openings shall be no higher than one foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher. Doorways and windows do not qualify as openings; and

(6) The first floor of a building elevated on pilings or columns in a coastal high hazard area (as that term is defined in 44 CFR 59.1), as long as it meets the requirements of 44 CFR 60.3.

“LUMEN.” A unit used to measure the amount of light emitted by lamps.

“LUMINAIRE.” The complete lighting system including the lamp and fixture.

“LUX.” Unit of luminance in the International System of Units (SI) equal to one lumen per square meter.

“MACHINERY AND EQUIPMENT REPAIR.” An establishment providing repair for heavy machinery or equipment, such as farm or construction equipment.

“MAIN ROOF.” The major (predominant) structure forming the upper covering of a building.

“MAJOR CHANGE (as applies to Planned Developments).” An amendment which alters the concept or intent of the Planned Development or changes in the final governing agreements, provisions, waivers, stipulations, conditions, or covenants where such changes conflict with the approved preliminary development plan including: (1) increases in density (residential); (2) a 10% or greater increase in the quantity of approved diverse housing types; (3) modifications to the proportion or allocation of land uses; (4) lessening of aesthetic treatments of structures, buildings, signs, and/or landscaping; (5) modifications in the functional use of open space; (6) modifications to the street system, access to the development, and/or off-street parking areas affecting traffic patterns, alignment, or intensity greater than 10% of the planned development area; (7) modifications to utilities including water, electricity, gas, drainage, and other infrastructure greater than 10% of the planned development area; (8) significant changes to the drainage management systems including but not limited to BMP’S and legal drains; and/or any other modification that is not specifically listed and is determined significant by the Director of Planning and Development.

“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 of 1974 (42 U.S.C. 5401 et seq.), was constructed after January 1, 1981, and exceeds 950 square feet of occupied space. For the purposes of floodplain management, a structure, transportable in one or more sections, built on a permanent chassis and designed for use with or without a permanent foundation when attached to the required utilities. The term “MANUFACTURED HOME” does not include a “RECREATIONAL VEHICLE.”

“MANUFACTURED HOME PARK OR SUBDIVISION.” A parcel or collection of contiguous parcels that have been allocated into sites or lots for installation of manufactured homes. The sites or lots may be offered for rent or sale.

“MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS CODE.” Title IV of the 1974 Housing and Community Development Act (42 U.S.C. 5401 et. seq.), as amended (previously known as the Federal Mobile Home Construction and Safety Act), rules and regulations adopted thereunder, which include HUD-approved information supplied by the home manufacturer, and regulations and interpretations of the code by the Indiana Administrative Building Council.

“MANUFACTURING, GENERAL.” An establishment engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as lubricating oils, plastics. resins, or liquors.

“MANUFACTURING, LIGHT.” Clean, low intensity, (non-polluting and no nuisance) manufacturing uses.

“MAP AMENDMENT.” (for flood purposes only) Change of the effective NFIP map that results in the exclusion from the Special Flood Hazard Area (SFHA) of an individual structure or a legally described parcel of land that has been inadvertently included in the Special Flood Hazard Area (SFHA) (i.e. no alterations of topography have occurred since the date of the first NFiP map that showed the structure or parcel to be within the Special Flood Hazard Area (SFHA)).

“MARKER (SURVEY).” A stake, pipe, rod, nail or any other object that serves to identify something and that is not intended to be a permanent point for record purposes such as on a lot or within a subdivision.

“MARKET VALUE.” The building value, excluding the land, as agreed upon by a willing buyer and seller, as established by what the local real estate market will bear. Market value can be established by an independent certified appraisal, replacement cost depreciated by age of the building (actual cash value), or adjusted assessed values.

“MARINA.” Any land, building, structure, or premises used for the launching, docking, and storage of marine craft.

“MARINE CRAFT SALES, REPAIR, AND SERVICE.” Any land, building, structure, or premises used for the sale, repair, and/or service of new or used marine craft.

“MASONRY.” Brick, stone such as marble, granite, travertine, limestone, concrete block, glass block, tile and other similar materials and/ or a siding made from natural and sustainable raw materials including cement, sand, wood fiber and water.

“MASSAGE STUDIO.” Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body, which occurs as a part of or in connection with specified sexual activities, or where any person providing such treatment, manipulation, or service related thereto, exposes his or her specified anatomical areas. The definition of sexually oriented businesses shall not include the practice of massage in or by any licensed hospital; nor by a licensed physician, surgeon, chiropractor or osteopath; nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath; nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program; nor by any person or entity that operates in compliance with the Noblesville City Code of Ordinances Title XI, Chapter 113.

“MASTER PLAN.” See “COMPREHENSIVE PLAN.”

“MATERIAL PATTERN.” An artistic design resulting from the arrangement of cladding materials including but not limited to horizontal siding, board and batten siding, shake shingles, and/or masonry.

“MATERIAL PERCENTAGE.” The ratio of the area of a particular cladding material divided by the sum of all other cladding materials on an architectural plane excluding the roof, windows, and doors.

“MEDIA.” Anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything that is or may be used as a means of communication. “MEDIA” includes but shall not necessarily be limited to books, newspapers, magazines, movies, videos, sound recordings, CD-roms, other magnetic media, and undeveloped pictures.

“MEDIA SHOP.” A general term, identifying a category of business that may include sexually oriented material but that is not subject to the special provisions applicable to adult media shops. In that context, “MEDIA SHOP” means a retail outlet offering media for sale or rent, for consumption off the premises if any outlet meeting the definition of adult media shop shall be treated as an adult media outlet. “MEDIA SHOPS” may contain adult media, which constitutes less than 10% of the stock in trade and occupies less than 10% of the floor area.

“MEDICAL OFFICES.” See “OFFICE, MEDICAL.”

“MEETING OR PARTY HALL.” A building, structure, or space designed for public assembly providing an area for open discussion or a particular service and containing at least one room having an area equivalent to 400 square feet.

“METES AND BOUNDS.” A description of land prepared by a state-registered land surveyor providing measured distances and courses from known or established points on the surface of the earth.

“MICROBREWERY.” A limited-production facility, typically producing specialty beers and ales and often selling its products only locally or on the premises.

"MIDLAND TRACE." Any property conveyed to the City of Noblesville, by title or easement, for purposes of the establishment of the Midland Trace public recreational trail.

“MINERAL/SAND/GRAVEL EXTRACTION.” The excavation of, or mining of, sand, gravel, rock and other earth materials, and/or minerals, and the processing, storage, stockpiling, distribution and sale thereof.

“MINOR CHANGE (as applies to Planned Developments).” An amendment that does not alter the intent, objectives, conditions, stipulations, waivers, or findings of the approved plan and does not significantly differ from the plan/ordinance adopted. Minor amendments may include (1) alteration of plant materials or type; (2) locations and/or specifications of lighting; (3) additions of emergency generators that have limited impact both visually and acoustically to the surrounding properties; (4) addition of electric vehicle charging stations or bike-share facilities; (5) modifications to the appearance of entrance/subdivisions signs; (6) changes to lot arrangement but not lot size; (7) reduction of parking spaces by less than 5% of what is required by the Unified Development Ordinance (UDO) provided it does not increase intensity or fall below the minimum parking requirements of the UDO; (8) minor modifications to drainage management structures; (9) modifications in access to the development site where such change is a reduction in intensity in the traffic patterns of the roadway; (10) addition of or modifications to fencing; and/or (11) modification of trails/sidewalks but not the elimination of such and any modification that is determined by the Director of Planning and Development meeting this definition.

“MITIGATION.” Sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects. The purpose of mitigation is twofold: to protect people and structures, and to minimize the cost of disaster response and recovery.

“MOBILE FOOD VEHICLE.” Any motorized vehicle that includes a self-contained or attached trailer kitchen in which food is prepared, processed, or stored and used to sell and dispense food to the consumer that holds all requisite health department, business, and resale licensures to sell food and beverages. Mobile units must be mobile at all times during operation.

“MOBILE HOME.” Any factory fabricated portable structure, residential or non-residential, designed to be towed or transported on its own chassis for placement on a temporary or permanent foundation, or on its own structure or elements thereof, without the aid of house moving equipment or other specialized but separate supporting apparatus, and which is not a “manufactured home” as defined by this chapter. “MOBILE HOME” shall include double-wide mobile homes of two such units designed to be used in combination at a building site. This definition is not intended to apply to other modular housing or prefabricated housing panels, trusses, or other sub-elements, nor any other dwelling unit which is defined as a “manufactured home” by this chapter.

“MOBILE HOME PARK.” A tract of land under single, joint or common ownership designed in such a manner as to provide sites for mobile homes in a residential environment.

“MOBILE HOME SUBDIVISION.” A tract of land divided into individual lots for the purpose of setting mobile homes on lots generally owned by the occupant of the mobile home and arranged in such a manner as to provide a residential community environment.

“MOBILE HOME TIE-DOWNS.” Sufficient anchorage to resist floatation, collapse or lateral movement of any mobile home. At a minimum, such anchorage shall consist of one over-the-top tie provided at each of the four corners of the mobile home with two additional ties per side at intermediate locations, except mobile homes less than 50 feet long require only one additional tie per side; and two frame ties provided at each corner of the home with five additional ties per side at intermediate points, except mobile homes less than 50 feet long require only four additional ties per side. All components of the anchoring system shall be capable of carrying a force of 4,800 pounds. Any additions to the mobile home shall be similarly anchored.

“MODEL HOME.” A dwelling unit used initially for display purposes which typifies the type of units that will be constructed in the subdivision or development.

“MONOPOLE.” A telecommunication tower consisting of a single-pole constructed without guy wires and ground anchors.

“MONUMENT.” Any permanent marker either of stone, concrete, galvanized iron pipe, or iron or steel rods, used to identify the boundary lines of any tract, parcel, lot, or street lines.

“MORTUARY OR FUNERAL HOME.” An establishment with facilities for the preparation of the dead for burial or cremation, for the viewing of the body and for funerals. See also “CEMETERY.”

“MOTEL.” A building in which lodging is offered with or without meals principally to transient guests and that provides each unit with individual entrances from the outdoors. See also “HOTEL,” “BED AND BREAKFAST ESTABLISHMENT,” and “BOARDING HOUSE.”

“MOTOR VEHICLE, COMMERCIAL.” Any motor vehicle used or designed for: (a) use in pulling, towing, hauling, transporting or (b) as a temporary or permanent base, platform, or support for equipment, machinery, materials, or other goods (including but not limited to stake body trucks, dump trucks, trucks or trailers having dual rear wheels or more than two axles, semi-trailer tractors, semi-trailers and trailers having dual rear wheels or more than one axle or having an overall length of more than 12 feet; or (c) passenger vehicles marked by signage, logos or commercial messages. This definition does not apply to motor vehicles which serve as a source of transportation for an individual residing at the premises where the vehicle is stored or parked on a regular basis and is not used in any commercial activity or vehicles and trailers used for the transport of livestock or goods associated with and located upon the premises of a property used for farming or grazing.

“MOUND.” See “BERM.”

“MURAL, ART.” Original works (i) created by an individual or team that are designed with the intent of producing a creative or aesthetic outcome, (ii) are not used for advertising a business, product, service, or commercial activity, and (iii) is painted, drawn, or similarly applied on the exterior of a structure for artistic expression. The only lettered or numeric messaging includes the artist's name and date of installation.

“NATIONAL FLOOD INSURANCE PROGRAM (NFIP).” The federal program that makes flood insurance available to owners of property within participating communities nationwide through the cooperative efforts of the Federal Government and the private insurance industry.

“NATIVE PRAIRIE GRASSES.” A mixture of perennial grasses that historically populated the prairie ecosystem of the United States that contain no trees. Prairie grasses may vary by region.

“NATURAL AREAS.” Any critical area such as a floodplain, wetlands, high tree concentrations, critical habitats that contain rare, threatened, or endangered species, wooded slopes, wooded or partially wooded stream, woodlands, and riparian areas.

“NATURAL CONDITION.” The condition that arises from, or is found in nature unmodified by human intervention.

“NATURAL DRAINAGE.” Drainage channels, routes, and ways formed over time in the surface topography of the earth prior to any modifications or improvements made by unnatural causes and/or human intervention.

“NATURAL FEATURES.” The physical characteristics of a property or area that are not man-made, such as soil types, geology, slopes, vegetation, and drainage patterns.

“NATURAL GRADE.” (for floodplain management purposes) The elevation of the undisturbed natural surface of the ground. Fill placed prior to the date of the initial identification of the flood hazard on a FEMA map is also considered natural grade.

“NAVD.” North American Vertical Datum.

“NEIGHBORHOOD.” An area with distinctive characteristics that distinguish it from others including economic bases, housing types, schools, development styles or patterns, or boundaries defined by distinct physical barriers such as railroads, arterial streets, rivers or major water bodies and/or similar characteristics and boundaries that include both geographic and social components.

“NEIGHBORHOOD DELIVERY CENTERS (POSTAL KIOSKS).” A freestanding, sheltered or enclosed installation containing a large number of individually locked, wall-mounted mailboxes and compartments.

“NEW CONSTRUCTION.” Structures for which the “start of construction” commences on or after the effective date of this chapter. For floodplain management purposes, any structure for which the “start of construction” commenced on or after the effective date of floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.

“NEW MANUFACTURED HOME PARK OR SUBDIVISION.” A manufactured home park for which the construction of facilities for servicing the sites on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the community’s first floodplain ordinance.

“NEWSPAPER AND JOB PRINTING.” Art establishment providing printing, blueprinting, photocopying, engraving. binding, or other related services.

“NFIP.” National Flood Insurance Program.

“NOBLESVILLE PARKS.” All public land owned by the City of Noblesville and under the jurisdiction of the Noblesville Parks Board.

“NOISE SENSITIVE PURPOSE.” The use of a building or structure as a residence, school, church, child care facility, medical facility, retirement home, or nursing home.

“NON-BOUNDARY RIVER FLOODWAY.” The floodway of any river or stream that is not the part of the Ohio River that forms the boundary between Kentucky and Indiana.

“NON-CONFORMING LOT, USE OR STRUCTURE.” Any lot, use, or structure legally existing as of the effective date of this chapter, that is not in compliance with this chapter or any subsequent amendments.

“NON-POINT SOURCE POLLUTION.” Pollution affecting a water body from widely spread sources. Such sources range from runoff from agricultural areas draining into a river. “NON-POINT SOURCE POLLUTION” may also include urban runoff, such as contaminated storm water washed off of parking lots, roads and highways, and lawns (often containing fertilizers and pesticides).

“NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD).” Adopted in 1993 and is a vertical control datum used as a reference for establishing varying elevations within the floodplain.

“NOTICE OF PUBLIC HEARING.” A legal document announcing the opportunity for the public to present their views to an official representative, board, and/or commission of a public agency concerning an official action pending before the agency.

“NUDE MODEL STUDIO.” Any place where a person, who regularly appears in a state of nudity or displays specified anatomical areas for money or any form of consideration and is to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons.

“NURSERY, PLANT MATERIALS, ACCESSORY.” Land, buildings, or structures for the use of offering live trees, shrubs, or plants for retail sale on the same lot with, and of a nature customarily incidental and subordinate to the principal use, building, and/or structure.

“NURSERY, PLANT MATERIALS, PRIMARY.” Land, buildings, structures, or combination thereof for the storage, cultivation, transplanting of live trees, shrubs, or plants offered for retail sale on the premises including products used for gardening and landscaping.

“NURSING HOME.” See “CONVALESCENT, NURSING, OR REST HOME.”

“OBSTRUCTION.” (for floodplain management purposes) Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, canalization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across or projecting into any watercourse which may alter, impede, retard, or change the direction and/or velocity of the flow of water; or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

“OCCUPANCY.” The portion of a building or premises owned, leased, rented, or otherwise occupied for a given use.

“OFFICE.” A use that provides professional, administrative, or business related services. This definition also includes welfare and charitable services. Production, distribution, or the retail or wholesale of goods are not included.

“OFFICE, MEDICAL.” An establishment for the care, diagnosis, and treatment of sick, ailing, infirm, or injured persons, and those who are in need of medical and surgical attention, but which building does not provide board, room or regular hospital care and services. This definition shall include clinics as well as the offices of medical doctors, physicians, dentists, or other health care practitioners.

“OFF-SITE OR OFF-PREMISES (REGARDING SUBDIVISION APPROVAL).” Any premises or structure not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant.

“OFF-SITE OR OFF-PREMISES (REGARDING SIGNS).” Any sign not located on the same lot or parcel as the use it is serving.

“OFF-STREET PARKING AREA.” See “PARKING, OFF-STREET.”

“ONE AND TWO FAMILY DWELLING CODE, INDIANA.” The mandatory statewide building code adopted by the Indiana Administrative Building Council for one and two family residential dwellings.

“ONE PERCENT ANNUAL CHANCE FLOOD.” The flood that has a 1% chance of being equaled or exceeded in any given year. See “FLOOD, REGULATORY”.

“ON-SITE CONSULTATION.” A representative of the Planning Department meeting at a location that is off-site from the Offices of Planning and Development to discuss an item(s) relating tor a permit or planning process as requested by the contractor, owner, and/or developer.

“OPEN SPACE.” An area of land not covered by buildings, parking areas/structures, structures for habitation, or accessory uses. “OPEN SPACE” does not include street rights-of-way, platted lots, private yards, patio areas or land scheduled for future development.

(1) “ENVIRONMENTAL OPEN SPACE.” An area which contains natural systems (including man-made) that function to preserve the natural integrity of the area including but not limited to woodlands, bio-swales, restored prairies, wetlands, and naturalized detention/ retention ponds.

(2) “RECREATIONAL OPEN SPACE.” An area that has been designed and designated for active use including but not limited to trails, nature viewing areas, plazas, ball fields or similar activity fields, accessible bodies of water for active use, and playgrounds.

“OPEN-FACE CHANNEL LETTERS.” Three-dimensional individually cut letters or figures, illuminated, having clear plastic faces allowing for raw neon or like materials to be seen and affixed to a structure. This type of channel letter is prohibited.

“ORDINANCE.” Any legislative action, however denominated, of a local government which has the force of law, including the amendment or repeal of any ordinance.

“OSHA.” The United States Occupational Safety & Health Administration.

“OUTDOOR AMUSEMENTS.” See “AMUSEMENTS, OUTDOOR.”

“OUTDOOR SALE AND/OR DISPLAY.” The placement and availability for purchase of products outside of a building or structure, including but not limited to garden supplies, clothing, toys, play equipment, agricultural products, building materials, landscape materials and bagged salt.

“OUTDOOR STORAGE.” The keeping of materials, merchandise, stock, supplies, machines, equipment, or manufacturing materials of any nature that are not kept in a structure, regardless of how long such materials are kept on the premises.

“OVERHANG.” The horizontal distance that the roof projects beyond the story immediately below.

“OVERLAY DISTRICT.” An area that is superimposed upon another district which supersedes, modifies, or supplements the underlying district regulations.

“OWNER.” Any person, firms, association, syndicate, partnership, corporation, or any other legal entity having legal title to or sufficient proprietary interest in the land under these regulations.

“PACKAGE SEWERAGE SYSTEM.” A sewerage system including collection and treatment facilities established by the developer to serve a new subdivision or development in an outlying or generally rural area.

“PACKAGING OF FINISHED GOODS.” A facility that packages supplies and products that are manufactured off site.

“PARAPET.” A low solid protective wall along the edge of a roof or balcony.

“PARK.” A non-commercial lot or parcel designed and set aside exclusively for diversion, recreation, or amusement; characterized by large amounts of open space; and which is not operated for a profit. While the majority of park activities take place out of doors, accessory buildings and structures such as swimming pools, tennis courts, picnic shelters, or playground equipment may also be permitted. See also “SPORTS AND RECREATION PARK” and “AMUSEMENT, OUTDOOR.”

“PARKING GARAGE.” A structure or portion thereof composed of one or more levels or floors used exclusively for the parking or storage of motor vehicles.

“PARKING LOT, PUBLIC.” An un-enclosed area for off-street parking which is owned and/or operated by the city, county, or other unit of government; or which is operated for the general public and not for patrons of a particular use.

“PARKING, OFF-STREET.” An area appropriate in size to accommodate the required parking for the applicable land use(s), together with driveways and maneuvering room; located totally out of public right-of-way; and set back from such right-of-way as required within this chapter.

“PARKING, REQUIRED.” The number of parking spaces required for a particular use or uses as required within this chapter.

“PARKING SPACE.” An enclosed or un-enclosed surfaced area permanently reserved for the temporary storage of one passenger motor vehicle and appropriately part of a street or connected with a street or alley by a surfaced driveway affording adequate ingress and egress.

“PARTIAL STREET.” See “STREET, PARTIAL.”

“PARTICULATE MATTER.” Finely divided liquid or solid materials that are discharged and carried along in the air. This shall not include water droplets commonly called steam.

“PARTY WALL.” A wall starting from the foundation and extending continuously through all stories to or above the roof which separates one building unit from another and is in joint use by each building unit.

“PATIO.” An open landing that adjoins a dwelling, is often paved, and is adapted to outdoor uses.

“PEDIMENT.” The triangular piece of roof that extends from the facade of the building and is Used for decorating over a front entry.

“PENAL OR CORRECTIONAL FACILITY.” The use of land for the confinement or safe custody of persons as a result of a legal process and may include attendance centers established for persons sentenced to serve periods of community service.

“PERENNIAL.” A plant that has a life-cycle lasting more than two years and survives during the winter by an underground root system.

“PERFORMANCE BOND OR SURETY BOND.” An amount of money or other negotiable security paid by the subdivider, developer, property owner or his or her surety to the city that guarantees that the individual will perform all actions as required by the city regarding approved plans or in other situations as stated in the Unified Development Ordinance or by the Director of Planning and Development within a specified time; which provides that if the subdivider, developer, property owner or his or her surety defaults and fails to comply with the provisions of his or her approvals, the subdivider, developer, property owner, or his or her surety shall pay damages up to the limit of the bond or the surety will itself complete the requirements of approval.

“PERMANENT FOUNDATION.” A structural system for transporting 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.

“PERMEABLE PAVERS.” Any kind of pavement constructed of material that allows water to penetrate and drain into underlying soils.

“PERMITTED OR LICENSED PREMISES.” Any premises that requires and/or permit and that is classified as a sexually oriented business.

“PERMITTED USE.” An authorized use within a zoning district.

“PERSONAL CARE SERVICES.” Any enterprise conducted for gain which primarily is engaged in the provision of frequent or recurrent needed services of a personal nature. Typical uses include shoe repair, barber and beauty shops, tailor shops, nail shops, individual person trainer, and similar activities.

“PERSONAL SERVICES.” Any enterprise conducted for gain which primarily offers services to the general public as shoe repair, watch repair, barber shops, beauty parlors, and similar activities.

“PETITIONER.” The property owner or a person legally empowered, in writing by the property owner, to act on the property owner’s behalf and who thereby has the property owner’s authority to make representations and decisions before the city officials, regarding the use and/or development of the subject real estate.

“PETITIONER’S REPRESENTATIVE.” A person legally empowered, in writing by the property owner, to act on the petitioner’s behalf and who thereby has the petitioner’s authority to make representations and decisions before the city officials, regarding the use and/or development of the subject real estate.

“PETROCHEMICAL FACILITIES.” An establishment engaged in the processing of chemicals derived from petroleum or natural gas.

“PHYSICAL MAP REVISION (PMR).” (for floodplain management purposes) An official republication of a community’s FEMA map to effect changes to base (1% annual chance) flood elevations, floodplain boundary delineations, regulatory floodways, and planimetric features. These changes typically occur as a result of structural works or improvements, annexations resulting in additional flood hazard areas, or corrections to base flood elevations or SFHAs.

“PLACES OF PUBLIC ASSEMBLY.” Buildings or indoor facilities including, but not necessarily limited to, banquet halls, auditoria, and conference centers, and including any kitchens for the preparation of food to be consumed at the premises.

“PLACES OF WORSHIP.” Structures and other indoor or outdoor facilities used for public worship and related educational, cultural, and social activities.

“PLAN COMMISSION (PC).” The Advisory City of Noblesville Plan Commission or any division thereof and its designees.

“PLANNED UNIT DEVELOPMENT (PUD).” A large-scaled unified development consisting of a parcel or parcels of land, controlled by a single owner to be developed as a single entity. The area of land in which a variety of residential, commercial, and/or industrial uses are planned and developed as a whole according to the adopted preliminary development plans and approved detailed plans, with more flexible standards, such as lot sizes, uses and setbacks, than those restrictions that would normally apply to a specific zoning district.

“PLANNING AND DEVELOPMENT, DIRECTOR OF.” An official appointed to administer this chapter. Director of Planning and Development for Noblesville.

“PLANNING JURISDICTION.” City of Noblesville and the two mile jurisdictional area(s), and any and all townships participating in a Joinder Agreement.

“PLANT MATERIALS.” Trees, shrubs, native grasses, ground cover, perennials and the like. Xeriscaping landscape materials are encouraged to function as LID Stormwater BMPs.

“PLANTING SEASON.” The spring and fall time periods during which new plant materials that are installed are most likely to survive the planting process. Generally, these periods are from April 15 to June 15 (spring) and October 15 to November 15 (fall). This does not prohibit the installation of plant materials during other times of the year.

“PLASTICS.” Any of the various complex organic compounds produced by polymerization.

“PLAT.” The drawing, map, or plan of a subdivision or other tract of land or a replat of such including certifications, descriptions, and approvals. The final map or drawing, described in these regulations, on which the subdivider’s plan of subdivision is presented to the Plan Commission for approval and which, if approved, may be submitted to the County Recorder for filing.

“PLAT, PRIMARY.” The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Plan Commission for approval.

“PLAT, SECONDARY.” The final and formal presentation of the map, plan, or record of a subdivision and any accompanying material, as described in the regulations of this chapter.

“POINT SOURCE POLLUTION.” A single, identifiable, discrete source from which pollution is generated. For example, a smokestack, ditch, pipe, sewer outfall, or an industrial waste pipe.

“PORCH.” A structure attached to a building that has a roof and that may or may not have walls.

“PORTABLE STORAGE PODS.” A portable streamlined enclosure or detachable container that is delivered on-site for the packing of temporary storage needs and is removed to a secure storage center (indoor warehouse) for storage of the enclosure/container. The actual pods shall remain on-site for a maximum of 30 days per calendar year.

“PORTICO.” A major porch usually supported by a pedimented roof and supported by columns.

“POST FIRM CONSTRUCTION.” Construction or substantial improvement that started on or after the effective date of the initial FIRM of the community or after December 31, 1974, whichever is later.

“POTENTIAL EMISSIONS.” Any emissions of any one pollutant which would be emitted from a facility, if that facility were operated without the use of pollutant control equipment unless such control equipment (aside from air pollution control equipment) is necessary for the facility to produce its normal product or is integral to the normal operation of the facility. “POTENTIAL EMISSIONS” shall be rated on the maximum rated capacity.

“PRE FIRM CONSTRUCTION.” Construction or substantial improvement that started on or before December 31, 1974, or before the effective date of the initial FIRM of the community, whichever is later.

“PREFABRICATED BUILDING.” A structure that is manufactured and constructed using factory-made components or units that are transported and assembled on-site to form the complete structure.

“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.

“PRESCHOOL.” See “SCHOOL, PRESCHOOL.”.

“PRIMARY LIVE ENTERTAINMENT.” On-site entertainment by live entertainers that characterizes the establishment, as determined (if necessary) from a pattern of advertising as well as actual performances.

“PRINCIPAL USE.” The primary use to which the premises are devoted, and the main purpose for which the premises exist.

“PRINCIPALLY ABOVE GROUND.” A structure where at least 51% of its actual cash value, less land value, is above ground.

“PRINTING AND PUBLISHING.” An establishment that provides printing, publishing, duplicating, or collating services using photocopy, blueprint, off-set printing, or related equipment.

“PRIVATE STREETS.” See “STREET, PRIVATE.”

“PRIVATE WATER SYSTEM.” A water system formed by a developer to serve a new community development in an outlying or generally rural area. It includes water treatment and distribution facilities.

“PROCESS (AIR QUALITY).” Any action, operation or treatment and the equipment used in connection therewith and all methods or forms of manufacturing or processing that emits or is capable of emitting an air contaminant.

“PROCESSING OF RAW GOODS.” An establishment engaged in a specific industrial or manufacturing operation, such as the chemical trans-formation of raw goods into new products that may include the blending and combining of gases and liquids.

“PROFESSIONAL OFFICE.” The office of a recognized profession maintained for the conduct of that profession. A “PROFESSION” is a vocation, calling, occupation, or employment requiring training in the liberal arts or sciences, or combination thereof, requiring advanced study in a specialized field, and any occupation requiring licensing by the State and maintenance of professional standards applicable to that field. “PROFESSIONS” include attorney, architect, engineer, financial planner, realtor, insurance agent, broker and other similar professions.

“PROGRAM OF SIGNS.” A plan and narrative that sets forth and describes the signs permitted in a specific development area including sign materials, lighting, sizes, colors, types, and locations.

“PROHIBITED USE.” A use indicated as prohibited for a certain district in the Schedule of Uses.

“PROJECT SITE.” The area of the entire site for a development that might include smaller, individual platted lots or parcels.

“PROVISIONAL PLAT.” See “PLAT, PRIMARY.”

“PUBLIC ACCESS AREA.” A public place that is generally an outdoor area, whether publicly or privately owned, to which the public have access by right or by invitation, expressed or implied, whether by payment of money or not, but not a place when used exclusively by one or more individuals for a private gathering or other personal purpose. A social space that is open and accessible to people.

“PUBLIC LAW 360, ACTS OF 1971.” Enabling legislation requiring the Indiana Administrative Building Council to adopt rules and regulations for the construction, repair, or maintenance of factory- constructed one or two family residential dwellings.

“PUBLIC SERVICE FACILITY.” Buildings, power plants, substations, water treatment plants, pumping stations, sewage disposal or pumping plants; lift stations, transmission or distribution systems; collection or disposal systems; and other similar structures used by a public utility or railroad, whether publicly or privately owned, or by a municipal or other governmental agency to furnish electrical, gas, rail transport, transportation, communications, water and sewer services. Such facilities may include the specific facilities listed above as well as poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarms, police call boxes, traffic signals, hydrants, and similar accessories needed to provide such services for consumption by the general public.

“PUBLIC STREET.” See “STREET, PUBLIC.”

“PUBLIC USES.” Public parks, schools, fire and police stations, libraries, museums, zoological gardens and parks, city and town halls, county courthouses, utility complexes, fairgrounds, and administrative and cultural buildings and structures, but not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.

“PUBLIC UTILITY.” Any person, firm, or corporation duly authorized to furnish electricity, gas, steam, telephone, telegraph, water, or sewerage systems to the public under public regulation.

“PUBLIC VIEW.” The range of vision from the primary entrance of a building to an adjacent building, roadway, street, common area, pedestrian area, public trail or sidewalk, or public space.

“QUALITY OF LIFE.” The degree to which individuals perceive themselves as able to function physically, emotionally and socially. “QUALITY OF LIFE” includes all aspects of community life that have a direct influence on the physical and mental health of its members.

“QUARRIES AND OTHER EXCAVATION ACTIVITIES.” A place where rock, ore, stone, sand, and similar materials are excavated for sale or for off-tract use.

“QUARTERS FOR RELATIVES.” A second dwelling unit, located within and subordinate to an accessory structure, for use as a complete, independent living facility with provision within said dwelling unit for cooking, eating, sanitation, and sleeping. Such a dwelling is an accessory use to the main dwelling on the lot.

“QUASI-PUBLIC USE.” Places of worship, private and parochial schools, colleges, hospitals, cemeteries, and other facilities of an educational, religious, charitable, philanthropic, or no-profit nature. Private airports, clubs and lodges, athletic complexes, nursing homes, clinics, country clubs, homes for elderly and children, and other seemingly public uses which are in private ownership shall be considered quasi-public.

“QUOINS.” Units of stone or brick used to accentuate the corners of a building.

“RAIN BARRELS.” A container that collects rainwater, managing rooftop runoff.

“RAIN GARDEN.” See “BIORETENTION FACILITY.”

“RECREATIONAL EQUIPMENT, MAJOR.” Equipment which must be hauled on a trailer with two or more wheels or which has two or more wheels attached, or which is self-propelled with wheels, including boats, travel trailers, and recreational vehicles.

“RECREATION, INDOOR.” Any indoor athletic activity such as but not limited to indoor swimming pools, track & field events, soccer fields, gymnasiums, or skating rinks (ice or roller). See also “PARK, OUTDOOR AMUSEMENTS, AND SPORTS PARK.”

“RECREATIONAL VEHICLE (RV).” 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.

“RECREATIONAL VEHICLE.” (for floodplain management purposes) A vehicle that 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 quarters for recreational camping, travel, or seasonal use.

“RECYCLING CENTER.” A facility that accepts source-sorted recyclable materials, processes those materials, and makes the materials available for use in their original form. “RECYCLING CENTERS” are subject to all applicable requirements of the City and State.

“REDEVELOPMENT.” Any new construction on a site that has pre- existing uses on it.

“REGISTERED ARCHITECT.” An architect properly licensed and registered in the State of Indiana or through reciprocity permitted to practice in the State of Indiana.

“REGISTERED LAND SURVEYOR.” A land surveyor properly licensed and registered in the State of Indiana or through reciprocity permitted to practice in the State of Indiana.

“REGISTERED LANDSCAPE ARCHITECT.” An architect, specializing in landscaping, properly licensed and registered in the State of Indiana or through reciprocity permitted to practice in the State of Indiana.

“REGISTERED PROFESSIONAL ENGINEER.” An engineer properly licensed and registered in the State of Indiana or through reciprocity permitted to practice in the State of Indiana.

“REGULATION.” A rule or order issued by a public agency having the force of law.

“REGULATORY FLOOD.” See “FLOOD, REGULATORY.”

“RELIGIOUS INSTITUTION.” Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities. See also “PLACES OF WORSHIP.”

“REPETITIVE LOSS.” Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equaled or exceeded 25% of the market value of the structure before the damage occurred.

“REPLACEMENT COSTS.” The sum of money which would be required to reconstruct a structure identical to the one in question.

“RESEARCH AND DEVELOPMENT.” Indoor facilities for scientific research; and the design, development, and testing of electrical, electronic, magnetic, optical and mechanical components in advance of product manufacturing, that are not associated with a manufacturing facility on the same site. Includes pharmaceutical, chemical, medical/dental, electrical, and biotechnology research and development.

“RESIDENCE.” A building or structure or portion thereof designed for purposes of housing a family or other single-housekeeping unit. It does not include hotels, motels, or lodging houses.

“RESIDENTIAL AREA.” Any portion of the city in which residential uses are permitted or a legal non-conforming residential use is established.

“RESIDENTIAL CARE HOME.” A dwelling unit shared by four or more unrelated disabled individuals, exclusive of staff, who require assistance and/or supervision and who reside together in a family- type environment as a single housekeeping unit. A “RESIDENTIAL CARE HOME” shall not include a home for persons currently addicted to alcohol or narcotic drugs or who are criminal offenders serving on work release or probationary programs.

“RESPONSIBLE PARTY.” Any person, firm or corporation that uses property in violation of this chapter or knowingly permits another person, firm or corporation to do so.

“RESTAURANT, SIT-DOWN.” A business establishment within which the primary use is prepared food offered for sale and consumption within the structure or in a designated and permitted outdoor area. May also include carry-out service. See “DRIVE-IN OR DRIVE-THROUGH ESTABLISHMENT.”

“RESTAURANT, CARRY-OUT.” A business establishment within which the primary use is prepared food offered for sale in disposable containers and packaged for carry-out. See “DRIVE-IN OR DRIVE-THROUGH ESTABLISHMENT.”

“RESUBDIVISION (REPLAT).” A change in a map for an approved or recorded subdivision plat if such change effects any street layout on such map or area reserved thereon for public use, or any lot line; or if it affects any map or plat legally recorded prior to the adoption of any regulations controlling subdivision.

“RETAIL SALES.” A business establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

“RETENTION AREA.” An area that is designed to capture specific quantities of stormwater and to gradually release the stormwater at a sufficiently slow rate to avert flooding. It is an area that normally contains water at a specific level prior to a storm event.

“RETIREMENT COMMUNITY.” An age restricted development that may include detached and attached dwelling units, apartments, and may include assisted living units and a nursing home.

“REVERSE CHANNEL LETTERS (SIGN).” Individually mounted opaque, internally backlit letters which illuminate the wall or surface to which they are attached.

“REZONING.” An amendment to a zoning map and/or text of a zoning ordinance to effect a change in the nature, density, or intensity of uses allowed in a zoning district and/or on a designated parcel or land area.

“RIDGE.” The peak where two opposing roof planes meet.

“RIDGELINE.” A line marking or following the ridgetop.

“RIDGETOP.” The crest of the ridge.

“RIGHT-OF-WAY.” An area of land occupied or intended to be occupied by transportation facilities, public utilities, or other special public uses. Rights-of-way intended for any use involving maintenance by a public agency shall be dedicated to the public use by the maker of the plat on which such right-of-way is established.

“RIGHT-OF-WAY WIDTH.” The distance between properties adjacent to the right-of-way as measured at right angles to the centerline of the right-of-way. The minimum right-of-way width will be the sum of the widths of travel lanes, shoulders, median (if applicable), ditches, plus that necessary for fill or cut slopes or for roadside clear zones, whichever is greater. The overall right-of-way width shall be increased to provide additional width for the following: maintenance, utility corridors and future expansion.

“RIPARIAN AREA.” Wooded or vegetative areas along creeks, streams, rivers or designated regulated drains. The area on each bank designated as a riparian area shall be no wider than the average width of the creek, stream, or river at normal flow elevation, but be no less than ten feet in width from the top of the banks.

“RIVERINE.” Relating to, formed by, or resembling a river (including tributaries), stream, brook, and the like.

“ROAD.” See “STREET.”

"ROADSIDE CORRIDOR." A linear green space of a minimum width of 30 feet along each side of State Highway 32, and immediately abutting the State Highway 32 right-of-way line, within which alternative transportation trail improvements are installed.

“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.

“ROOF GRAPHIC.” A street graphic which is displayed above the eaves and under the peak.

“ROOF OVERHANG.” The horizontal distance, excluding gutters which extends from the face of the wall and projects beyond the side of the building.

“ROOF PITCH.” The amount of rise in the roof as compared to the horizontal measurement of the roof. The angle (pitch) of the roof is calculated by the number of inches it rises vertically for every twelve inches it extends horizontally.

“ROOT PROTECTION ZONE.” See “CRITICAL ROOT ZONE.”

“RUNOFF.” The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of the land.

“SALVAGE YARD.” See definition of “JUNK YARD.”

“SAME OWNERSHIP.” Ownership by the same person, corporation, firm, entity, partnership, or un-incorporated associations, in which a stockholder, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity, or un- incorporated association.

“SANITARY LANDFILL.” A solid waste disposal facility designed to meet the minimum standards of the State of Indiana wherein "solid waste" as defined by state standards is disposed of by utilizing acceptable landfill engineering technology.

“SATELLITE STORE/OFFICE.” A small store or office in a different location from a company or government agency's main office to serve an expanding market share or an underserved area.

“SCHOOL, PRESCHOOL.” A school for children primarily between the ages of three and five, providing preparation for elementary school.

“SCHOOL, PRIMARY OR SECONDARY.” An institution primarily engaged in academic instruction for all or part of grades K through 12, and recognized or approved by the State.

“SCHOOL, TRADE OR BUSINESS.” A school with a curriculum which is focused upon certain skills required in business, trades or the arts, including secretarial skills, instrumental music, dancing, barbering, hairdressing or other technical trades which require knowledge of special machinery.

“SCREENING.” A structure erected or vegetation planted which eventually is of sufficient height and density for concealing an area from view.

“SEAT.” For purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each 24 lineal inches of benches, pews, or space for loose chairs.

“SECONDARY PLAT.” See “PLAT, SECONDARY.”

“SEDIMENTATION.” The process by which mineral or organic matter is accumulated or deposited by moving wind, water, or gravity. Once this matter is deposited (or remains suspended in water), it is usually referred to as “sediment.”

“SELF-STORAGE.” See “WAREHOUSE, MINI-STORAGE.”

“SEPTIC SYSTEM.” See “SEWER, ON-SITE.”

“SERVICE DELIVERY SPACE.” An off-street space provided for motor vehicles that are 25-feet in length or less; that are making deliveries and/or providing a maintenance service. Required service delivery loading space is not to be included as off-street parking space in computation of required off-street parking spaces. All off-street service delivery spaces shall be located outside of any street or alley right-of-way.

“SERVICES.” An establishment providing recurrently needed services, as opposed to products, to the general public for personal or household use, including finance, real estate and insurance, barber and beauty shops, personal service, health, and social services.

“SETBACK, REQUIRED.” The minimum and/or maximum required distance between a property line and a setback line, as established by this chapter.

“SETBACK LINE.” A line established by this chapter, generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than an accessory structure exempted in §§ 159.120 et seq., may be located above ground, except as may be provided in this chapter. See also “YARD” and “BUILDING SETBACK LINE (FRONT).”

“SEWERS, ON-SITE (PRIVATE).” A septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.

“SEX SHOP.” An establishment offering goods for sale or rent and that meets any of the following tests:

(1) The establishment offers for sale items from any two of the following categories:

(a) Adult media;

(b) Lingerie; or

(c) Leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; and the combination of such items constitutes more than 10% of its stock in trade or occupies more than 10% of its floor area.

(2) More than 5% of its stock in trade consists of sexually oriented toys or novelties.

(3) More than 5% of its gross public floor area is devoted to the display of sexually oriented toys or novelties.

“SEXUALLY ORIENTED BUSINESS.” An inclusive term used to describe collectively: adult cabaret; adult motion picture theater; adult media shop, video-viewing booth or arcade; massage studio; and/or sex shop.

“SEXUALLY ORIENTED TOYS OR NOVELTIES.” Instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.

“SHOOTING GALLERY.” An indoor range equipped with targets for practice with firearms.

“SHRUB.” A woody plant of relatively low height having several stems arising from the base and lacking a single trunk.

“SIDEWALK.” That portion of the road right-of-way which is improved for the use of pedestrian traffic.

“SIGN.” Any name, identification, description, display, or illustration which is affixed to, or painted, or represented directly or indirectly upon a building or other outdoor structure or parcel of land, and which directs attention to an object, product, place, activity, business, person, service, or interest.

(1) “AWNING.” A roof-like covering of cloth, plastic or other non-structural material that either is permanently extending from a building or can be raised or retracted to a position against a building when not in use.

(2) “BANNER.” A sign with a message comprised of a logo, text, coloring, and/or design applied to a lightweight material such as cloth, paper, fabric, or plastics and secured or mounted to allow movement caused by the atmosphere or by artificial means of producing the movement of air. These do not include wing banners, feather banners, flying banners, towers, cylindrical banners, wind-up banners, and tear-drop banners.

(3) “BANNER, FEATHER.” A sign with a rigid rib that forms a straight line, curve, or angle at the top on a single or two sides and loose fabric on the other edges. Also known as wing banners, feather flags, flying banners, towers, cylindrical banners, wind-up banners, and tear-drop banners.

(4) “BLADE.” A smaller version of a projecting sign oriented to be read from the sidewalk by a pedestrian. These signs shall be located on the ground floor of the building and shall be suspended from or supported by the building, an awning, canopy, or marquee.

(5) “CABINET/BOX.” A sign with text and symbols printed on a single piece of plastic, acrylic, wood, or metal made up of a single face and back or two faces that are mounted in a cabinet or box that houses the lighting sources and equipment.

(6) “CANOPY.” A roof like structure extending from a building in order to provide protection from the elements, and which is carried by a frame which is supported by the ground.

(7) “CONSTRUCTION.” A sign located on a property or within a development or subdivision that is actively under construction. That includes property with active building permits or improvement location permits.

(8) “DESIGNATION.” A type of ground sign that identifies an integrated development and may identify one or more establishments within the development.

(9) “DIRECTIONAL.” A sign intending to direct the safe flow of both pedestrian and vehicular traffic and includes “enter,” “exit,” and “arrow” signs and other similar information.

(10) “DIRECTORY.” A sign that provides a listing of uses or tenants within a particular building or complex of buildings, intended to facilitate circulation within the development and provide information to patrons by providing either directions to or locations of tenants.

(11) “ELECTRONIC.” A sign capable of displaying words, symbols, figures, or images in a format such as LED (Light Emitting Diode) that can be electronically or mechanically changed by remote or automatic means.

(12) “GATEWAY.” A permanent sign indicating entry into a neighborhood or special district located either on private property or within the right-of-way.

(13) “GROUND.” A freestanding sign supported primarily by an internal structural framework or integrated into landscaping or other solid structure features. If supported by poles, posts, or braces, the maximum clearance between the bottom of the sign and the grade is one foot. The external support structures shall be covered by natural flagstone, brick, rock, stone, and/or river rock with said sign design being of the same architectural style and materials as the main building on the site. Each support covering must be a minimum of 25% of the width of the sign face.

(14) “INCIDENTAL.” A permanent sign which has a purpose that is secondary and incidental to the use of the lot on which it is located such as “hours of operation,” “loading zone only,” “air,” and “visitor parking” and other similar messages which carries no commercial message that is legible beyond the lot on which the sign is located.

(15) “LIGHTER-THAN-AIR.” A nonporous bag of light material that can be inflated with heated air or gas so as to make it float in the atmosphere and give it shape and is properly anchored to the ground.

(16) “LOT IDENTIFICATION.” A sign that includes the lot number, structure address number, and building permit all laminated and established on a two-foot by four-foot post(2), a minimum of five feet to a maximum of six and one-half feet in height above the ground level.

(17) “MENU BOARD.” A cabinet sign listing the assortment of food items available and the price of such items offered.

(18) “MODEL HOME/SHOW HOME SIGN.” A sign indicating that it is a “MODEL HOME” or “SHOW HOME” and may include the name of the builder/developer, telephone number of the builder/developer, hours open, cost, model/style, and other information relating to that particular home and located on the lot of the “model” or “show” home.

(19) “MURAL.” A sign painted onto the side of a building, wall, ground, or structure. “MURALS” without a commercial message are not regulated by this chapter.

(20) “NEIGHBORHOOD.” A sign identifying a subsection of the overall subdivision or development that is internal to the subdivision/development.

(21) “NON-CONFORMING SIGN.” A sign legally existing as of the effective date of this chapter that is not in compliance with this chapter or any subsequent amendments.

(22) “OFF-PREMISE” or “OFF-SITE.” A sign directing attention to a business, product, service, entertainment and/or any activity offered, sold or conducted elsewhere than upon the lot where the sign is displayed.

(23) “PARKING LOT IDENTIFICATION.” A sign providing information for the convenience of the public to identify the location of a parking space or parking lot that only contains the venue name or symbol and the necessary information to identify the parking lot and row.

(24) “PLACARD.” A sign that is attached directly to the face of a residential structure that has been converted into a business in the area shown in Appendix G of the Unified Development Ordinance also known as the Central Core Map.

(25) “POLE.” A freestanding street graphic that is permanently supported in a fixed location by a structure of poles, posts, uprights, or braces from the ground and not supported by a building or base structure.

(26) “PORTABLE.” Any sign that is not permanently attached to the ground or other permanent structure or a sign designed to be transported including but not limited to signs designed to be transported by wheels; balloons used as signs, umbrellas used for advertising and signs attached to or painted on vehicles which are parked or positioned for the primary purpose of displaying the sign.

(27) “PROJECTING.” Any double-sided sign suspended from or supported by a building, and extending outward perpendicular to the building face upon which it is attached.

(28) “REAL ESTATE AVAILABILITY.” A sign displayed on property that is listed for sale, lease, or rent on a centralized listing service, website, newspaper advertisement, or other similar media.

(29) “ROOF.” Any sign erected on or above the roof-line of a building.

(30) “SANDBLASTED.” A sign created by placing a rubber stencil over letters and images and etching the background with a high-pressure mixture of sand and air on wood or glass materials.

(31) “SANDWICH BOARD.” A sign constructed in such a manner as to form an “A” or tent-like shape not permanently attached or secured to the ground or surface upon which it is located specifically for advertising that business.

(32) “SUSPENDED PORCH.” A sign that is suspended from a porch or overhang. This type of sign shall be permitted on residential structures that have been converted to a business in the area shown in Appendix G of the Unified Development Ordinance also known as the Central Core Map.

(33) “TEMPORARY.”

A sign or advertising display that is to be displayed for a temporary designated period of time. The following signs are included but are not limited to contractor sign, garage sale sign, community garage sale sign, special event sign, real estate availability sign, lighter-than- air display, lot identification sign, model home/show home sign, open house directional sign, sandwich boards, banners, community pride sign, and other signs as determined by the Director of Planning and Development or his or her designee.

(34) “WALL.” A sign attached to or affixed directly to the wall of a building or structure, parallel to the plane of the building or structure and extending less than 12 inches from the building or structure.

(35) “WINDOW.” A sign painted, etched, or attached either directly onto the inside or outside of a window.

(36) “YARD.” A sign mounted on a stake or metal frame that is used for limited time without regard to the message. Examples include but are not limited to campaign, sales, service, business identification and promotions.

“SIGN, COMMERCIAL MESSAGE.” Any image, logo, or words that advertise a business conducted, service rendered, activity conducted, or goods produced and/or sold.

“SIGN, DIRECTIONAL.” A street sign providing information for the convenience of the public such as the location of exits, entrances, and parking lots. Limited in size to four square feet and no more than four feet from ground to top of sign.

“SIGN, GROUND.” A freestanding sign supported primarily by an internal structural framework or integrated into landscaping or other solid structure features other than support poles, posts, uprights, or braces with no clearance between the bottom of the sign, the sign face and the ground below, and designed to include a continuous or nearly continuous central base.

“SIGN, HEIGHT OF.” The vertical distance measured from grade at the edge of the adjacent right-of-way to the highest point of the street sign.

“SIGN, ILLUMINATED.” Any sign illuminated by electricity, gas, or other artificial light including reflecting or phosphorescent light:

(1) “INDIRECTLY ILLUMINATED.” A sign with a light source directed primarily toward said sign and so shielded so that no direct rays from the light source are visible.

(2) “INTERNALLY ILLUMINATED.” A sign that has its light source enclosed and viewed through a translucent material.

“SIGN, PORTABLE, HUMAN.” Any sign or banner, made of any material, which is carried, held, or displayed by any person or persons.

“SIGN AREA.” The entire area within a single continuous perimeter enclosing all elements of the sign which form an integral part of the sign and which are organized, related, and composed to form a single unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign.

“SIGN AREA, GROUND AND PROJECTING SIGN (for calculating area).” The total area of the face which is used to display a street sign, not including its supporting poles or structures. If a sign has two faces that are parallel and supported by the same poles or structures, the area of the sign is one-half the area of the two faces. If a sign has two or more faces that are supported by the same poles or structures but are not parallel, the area of the sign is the largest area of all faces visible at one time.

“SIGN AREA, WALL SIGNS (for calculating area).” The percentage of the signable area of a building or structure which may be used for roof and wall signs.

"SIGN BACKER." A background display that is attached to the building or a part of the sign which is typically a geometric shape and usually of a contrasting color to either the building and/or the sign face.

“SIGNABLE AREA.” An area which is free of architectural details on the facade of a building or part of a building in which an activity is located.

“SIGNATURE MONUMENT.” An identifying mark, architectural feature, or water feature located at the entrance to a residential development on a roadway identified on the Noblesville Thoroughfare Plan. These include, but are not limited to, a fountain, clock tower, pergola, gazebo, outdoor plaza, ponds, spire, arbor, or waterfalls.

“SITE.” A parcel or adjoining parcels under single ownership or single control, considered as a unit for the purpose of development or other use.

“SITE COMPOSITION.” The position of a building in reference to the surrounding locality.

“SITE PLAN.”

(1) A drawing of the site, drawn accurately to an engineering scale, showing existing and proposed features of the site including but not limited to buildings and other structures both existing and proposed; setbacks from all buildings/structures to the property lines; location and dimensions of all building lines and easements; widths and lengths of all entrances and exits to and from said property (driveways); location of all adjacent and adjoining streets, service facilities, manholes, ponds, drainage swales, grading and all other improvements sufficient for the review as required by the Unified Development Ordinance. The lot number and subdivision and/or legal description, address of site, property owner’s name and contact information, and contractor’s name and contact information shall be included.

(2) All planned developments and/or ARB subdivisions require the addition of a landscaping plan that is relevant to the site, indicating plants (common and botanical names if possible or an approved list of plants from the developer/owner/builder); tree calipers and minimum height of shrubs and/or grasses at the time of installation; planting bed(s) width and length including materials used in the planting beds and any and all other information as required for sufficient review by the planning/engineer staffs.

“SLOPE.” Any ground, sidewalk, or off-street parking area whose surface makes an angle with the plane of the horizon.

“SMALL CELL FACILITY.” A wireless service facility that satisfies the following requirements:

(1) Each antenna, including exposed elements, has a volume of three cubic feet or less;

(2) All antennas, including exposed elements, have a total volume of six cubic feet or less; and

(3) The primary equipment enclosure located with the facility has a volume of 17 cubic feet or less.

“SMALL CELL NETWORK.” A collection of interrelated small cell facilities designed to deliver wireless service.

“SOIL MAP.” A National Cooperative Soil Survey prepared by the USDA Soil Conservation Service in cooperation with Purdue Experiment Station and the Hamilton County Soil and Water Conservation District.

“SOLID WASTE DISPOSAL FACILITY.” Any facility involved in the storage or disposal of non-liquid, non-soluble materials, ranging from municipal garbage to industrial wastes, that contain complex and sometimes hazardous substances. Solid waste also includes sewage sludge, agricultural refuse, demolition wastes, mining wastes, and liquids and gases stored in containers.

“SPECIAL CONSIDERATION.” A use requiring specific approval by the Plan Commission and Common Council because of its unique or unusual nature accompanied with special conditions.

“SPECIAL EXCEPTION. A use that may be permitted in a district only if it meets special conditions, and upon application is specifically authorized by the Board of Zoning Appeals.

“SPECIAL EVENT.” A noteworthy occasion or activity that is not a part of a regular service or occasion that is conducted by a business, religious, civic, educational, community, governmental or similar organizations.

“SPECIAL FLOOD HAZARD AREA (SFHA).” Those lands within the jurisdiction of the city subject to a 1% or greater chance of flooding in any given year. The SFHAs of the city are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps and Flood Insurance Studies as Zone A, AE, or A99. The “SFHA” includes areas that are flood-prone and designated from other federal, state, or local source data, including, but not limited to, best available flood layer maps provided by or approved by the Indiana Department of Natural Resources, historical flood information reflecting high water marks, previous flood inundation areas, and flood-prone soils associated with a watercourse. Also known as “Areas of Special Flood Hazard” and “floodplain”.

“SPECIFIED ANATOMICAL AREAS.”

(1) Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and

(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

“SPECIFIED SEXUAL ACTIVITIES.” Human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse, sodomy, or fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

“SPORTS AND RECREATION PARKS.” The use of land for commercial outdoor athletic activities such as but not limited to baseball/softball diamonds, soccer fields, tennis courts, swimming pools, water parks, ice skating rinks, or track and field events. Such uses shall not include shooting ranges.

“SPREAD.” A term used to indicate the horizontal width of a shrub or the crown of a tree.

“STADIUM (COLISEUM, ARENA).” A large, usually roofless building with tiers of seats for spectators at public entertainments.

“STAINED GLASS.” Glass that is given a desired color while in the molten state or by firing a stain into the surface of the glass after forming. This glass is used as decorative windows set in lead canes.

“START OF CONSTRUCTION.” The first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. This term does include substantial improvement, in which the “START OF CONSTRUCTION” would be the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. The “START OF CONSTRUCTION”, repair, reconstruction, or improvement must be commenced within 180 days of the permit date.

“STATE.” State of Indiana.

“STIPULATION.” A condition, requirement, or item specified as a part of an agreement or ordinance.

“STOCKPILE, SOILS PILE, STORAGE PILE (CONSTRUCTION ONLY).” - The accumulation of excavated soil which is a reserve supply to provide proper building/site elevations for construction.

“STOCKPILE (PERMANENT).” Any stockpile remaining after a particular phase of construction has achieved its own dirt balance and is surplus that remains on site for future phases.

“STOCKPILE (TEMPORARY).” Any stockpile associated with the same phase of construction for which a permit has been issued and will be removed at the end of the permitted phase for which it was created.

“STONE PROCESSING ACTIVITIES.” An establishment engaged in the processing of stone and its products for the purpose of wholesaling or distribution.

“STORAGE BY THE BIN.” A building that contains storage bins that are leased or rented, and are used for storing personal property, household goods, merchandise or commodities. Such bins are transported to and from the warehouse building by the storage company, as requested by the leasee/renter, to another destination for loading, unloading or reloading.

“STORY.” The space in a building, above adjacent grade, between two adjacent floor levels or if there is no floor level above it; then the space between a floor level and the ceiling.

“STORY, HALF.” The space in a building located above a floor level and under a sloping, gable, hip, and/or gambrel roof containing an area that is less than fifty percent (50%) of the floor area for the story immediately below excluding a basement.

“STREET.” A general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way. The term “STREET” also includes the terms highway, parkway, road, thoroughfare, avenue, boulevard, lane, court, place, and other such terms.

“STREET, ARTERIAL.” A system of streets and roads which form an integrated network of continuous routes primarily for through traffic. The “Arterial” system is stratified into “major” and “minor” categories.

“STREET, ARTERIAL, MAJOR.” Serves corridor traffic movements having trip length and travel density characteristics indicative of substantial statewide or interstate travel, or connects major population centers in rural areas or serves major centers of activity and highest traffic volume corridors with the longest trip desires in urban areas.

“STREET, ARTERIAL, MINOR.” Links other cities, town, and traffic generators, and provides a substantial amount of interstate and inter-county service in rural areas; or interconnects and augments with the principal arterials to provide service to trips of moderate length for intracommunity continuity in urban areas.

“STREET, COLLECTOR.” A system of streets and roads which generally serve travel of primarily intra-area and intracounty importance with approximately equal emphasis to traffic circulation and land access service. The “collector” system is generally further stratified into “major” and “minor” categories. The system collects and distributes traffic between an arterial and local systems.

“STREET, CUL-DE-LOOP.” A local street that runs into and reconnects with its main axis with the center or island used for parking or open space purposes.

“STREET, CUL-DE-SAC.” A short local street having one end open to traffic and being permanently terminated by a vehicle turn-around at the other end.

“STREET, DEAD-END.” A local street open at one end only and without a special provision for a vehicle turn-around.

“STREET, FRONTAGE.” A local street or road auxiliary and parallel to an arterial for service to abutting property and adjacent areas, and for control of access. Sometimes also called a “marginal access street.”

“STREET, HIGHWAY.” A term applied to streets and roads that are usually under the jurisdiction of the Indiana Department of Transportation (INDOT).

“STREET, LOCAL.” A system of streets and roads, which primarily provides local access service including supplying access to fronting properties and access to higher order street systems.

“STREET, PARTIAL.” A dedicated right-of-way providing only a portion of the required street width, usually along the edge of a subdivision or tract of land. Sometimes referred to as a “half- street.”

“STREET, PRIVATE.” A local street that is not dedicated or accepted for public use or maintenance which provides vehicular and pedestrian access to more than one property, or dwelling unit.

“STREET, PUBLIC.” A street owned and maintained by a unit of government within an officially dedicated and accepted right-of-way to provide vehicular and pedestrian access.

“STREET, STUB.” A temporary dead-end street intended to be extended at a later date.

“STREET TREES.” Trees growing on public rights-of-way except for alleys and for medians contained within subdivisions.

“STRUCTURE.” Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground or requires location under the ground. Among other things, structures include buildings, walls, fences, signs, gas or liquid storage tanks, mobile homes, and accessory structures under 200 square feet that do not require a permanent foundation. A structure is not a building except as further defined by that term.

“STRUCTURE.” (for floodplain management purposes) A walled and roofed building, including a gas or liquid storage tank, that is principally above ground. The term includes a manufactured home, as well as a prefabricated building. It also includes recreational vehicles installed on a site for more than 180 consecutive days.

“STRUCTURE, ACCESSORY.” A structure that is located on the same parcel of property as the principal building and the use of which is incidental and subordinate to the use of the principal structure. An accessory structure specifically excludes structures used for human habitation. Accessory structures should be designed to have a minimal impact on adjoining properties. Examples of accessory structures include, but are not limited to, detached garages, carports, storage and tool sheds, pole barns, hay sheds, lean-tos, and boathouses.

(1) For the purposes of floodplain regulation, accessory structures shall have the following additional characteristics:

(a) A floor area of 400 square feet or less; and

(b) Are considered walled and roofed when they include at least two outside rigid walls and a fully secured roof.

(2) The following may have uses that are incidental or accessory to the principal structure on a parcel but are generally not considered to be accessory structures by the NFIP (National Flood Insurance Program):

(a) Structures in which any portion is used for human habitation, whether as a permanent residence on a parcel or as a temporary or seasonal living quarters, such as a detached garage or carriage house that includes an apartment or guest quarters, or a detached guest house on the same parcel as a principal residence;

(b) Structures used by the public, such as a place of employment or entertainment; and

(c) Development that does not meet the NFIP definition of a structure for floodplain management purposes. Examples include, but are not necessarily limited to, a gazebo, a pavilion, a picnic shelter, or a carport that is open on all sides (roofed but not walled).

“STRUCTURE, ELEVATED.” A non-basement structure built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, filled stem wall foundations (also called chain walls), pilings, or columns (posts or piers).

“STRUCTURE, HISTORIC.” Any structure listed on the National Register of Historic Places, The Indiana State Survey of Historic, Architectural, Archaeological and Cultural Sites, Structures, Districts and Objects, or a local designation of a structure, site or object.

“STRUCTURE, SEMI-ENCLOSED.” A structure which has either a roof or walls but not both, or which has only partial roof and/or walls, such that the structure is open to the outdoors.

“STRUCTURE, TEMPORARY.” Any building or structure which is easily moved, without any foundation or footing, or intended to be used for a limited period of time.

“STUCCO.” A mixture of lime or gypsum, Portland cement and water to produce a paste-like material which sets to form a hard surface.

“SUBDIVIDER.” An individual, firm, corporation, partnership, association, syndicate, trust, or other legal entity which is engaged in developing or improving a tract of land that complies with the definition of subdivision and executes the application and initiates proceedings for the subdivision of land in accordance with the provisions of this chapter.

“SUBDIVISION.” Any land, vacant or improved, which is divided or proposed to be divided into two or more lots, parcels, sites, units, plots or the combination of two or more lots into one lot, or interests for the purpose of offer, sale, lease, or development either on the installment plan or upon any and all other plans, terms, and conditions, including resubdivision. Subdivision includes the division or development of residential and nonresidential zoned land, whether by deed, metes and bounds description, or other recorded instrument. However, this regulation shall not apply to the following:

(1) An adjustment of lot lines as shown on a recorded plat which does not reduce the area, frontage, width, depth, or building setback lines of each building site below the minimum zoning requirements, and does not change the original number of lots in any block of the recorded plat.

(2) A division of land into two or more tracts consisting of more than five acres each for agricultural or any other uses not involving a new road.

(3) An allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property.

(4) The unwilling sale of land as a result of legal condemnations as defined and allowed in the Indiana State Law.

(5) Widening of existing streets to conform to the Comprehensive Plan.

(6) The acquisition of street rights-of-way by a public agency in conformance with the Comprehensive Plan.

(7) The exchange of land for the purpose of straightening property boundary lines which does not result in the change of the present land usage.

(8) The division, sale, and recordation of land and structures within condominium developments which comply with the appropriate statutes of the State of Indiana and the Zoning Ordinance of the City of Noblesville Regarding Condominium Development.

“SUBDIVISION, MINOR.” Is any land which is proposed to be further divided or the combining of existing lots currently existing in an approved and recorded plat, meeting the following criteria:

(1) Contains a maximum of three lots;

(2) Has all lots fronting an existing street;

(3) Does not involve the construction of a new street, realignment, or the extension of an existing street;

(4) Does not involve the dedication of additional right-of- way;

(5) Does not necessitate the extension of any municipal infrastructure or the creation of any public improvements;

(6) Does not create non-conformity of lot(s) and/or structure(s); and

(7) Does not adversely affect the remainder of the parcel or adjoining properties.

The land shall be subdivided to developable lot(s) as required by the applicable regulations in the Unified Development Ordinance (Ch. 159).

“SUBSTANTIAL DAMAGE.” Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damage condition would equal or exceed 40% of the market value of the structure in the Flood Hazard (FH) zoning district and would equal or exceed 50% of the market value of the structure before the damage occurred in all other zoning districts.

“SUBSTANTIAL IMPROVEMENT.” Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 40% of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “repetitive loss” or “substantial damage” regardless of the actual repair work performed. The term does not include improvements of a structures to correct existing violations of state or local health, sanitary, or safety code requirements.

“SUBSTANTIAL MODIFICATION OF A WIRELESS SUPPORT STRUCTURE.” The mounting of a wireless facility on a wireless support structure in a manner that:

(1) Increases the height of the wireless support by the greater of:

(a) Ten percent of the original height of the wireless support structure; or

(b) Twenty feet;

(2) Adds an appurtenance to the wireless support structure that protrudes horizontally from the wireless support structure more than the greater of:

(a) Twenty feet; or

(b) The width of the wireless support structure at the location of the appurtenance; or

(3) Increases the square footage of the equipment compound in which the wireless facility is located by more than 2,500 square feet.

This does not include the following:

(1) Increasing the height of a wireless support structure to avoid interfering with an existing antenna;

(2) Increasing the diameter or area of a wireless support structure to:

(a) Shelter an antenna from inclement weather; or

(b) Connect an antenna to the wireless support structure by cable.

“SUBSTANTIALLY SIMILAR.” The same or significantly the same as a prior plan or application as determined by the associated land area, the intensity of development proposed, the range of proposed uses, the type, variety, and scale of signage, and other relevant factors.

“SUPPLY YARD.” A commercial establishment storing and offering for sale building supplies, steel, coal, heavy equipment, feed and grain, and similar goods.

“SUPPORT STRUCTURE.” A free standing structure designed and constructed to support an antenna array that may consist of a monopole, a self supporting lattice tower, a guyed tower, or other similar structure.

“SURETY.” An amount of money or other negotiable instrument provided by a developer, subdivider, or owner to the city, which guarantees that the developer, subdivider, owner or their assignees will perform all actions required by the city regarding an approved development plan, site plan, subdivision plat, landscaping plan or other improvements. Surety provides that, if the developer, subdivider, owner or assignee fails to comply with the requirements of the approval, funds will be provided to the city to complete those improvements.

“SURFACE.” The outside part or layer of a physical object.

“SURFACE PARKING LOT.” A parking facility constructed on prepared grade and without a covering roof or structure.

“SURVEYOR, LAND.” Any person who is licensed in the State of Indiana to practice professional land surveying.

“SWALE.” A low lying stretch of land which gathers or carries surface water runoff.

“SWIMMING POOL, COMMUNITY.” A swimming pool for the benefit of the general public, usually operated with a charge for admission; a principal use.

“SWIMMING POOL, NON-PERMANENT.” Any on-ground pool capable of a water depth no greater than 42 inches that is so constructed that it may be readily disassembled for storage and reassembled to its original integrity.

“SWIMMING POOL, PERMANENT.” Any in-ground pool or on-ground pool capable of a water depth of greater than 42 inches and 12 feet in diameter.

“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 multi-family development, a community, the members and guests of a club, or the patrons of a motel or hotel; an accessory use.

“TECHNICAL ADVISORY COMMITTEE.” A committee established to assist in the evaluation of development applications, and to make advisory recommendations to the applicable reviewing authority. The membership of the Committee shall include, but not be limited to, persons that are engaged in either private or public work with specific knowledge in road design and construction; sewer and water facility design and construction; solid waste; health requirements for water and sewer facilities; recreation and open space; environmental planning criteria related to geology, vegetation, noise, and water systems; and urban design.

“TELECOMMUNICATION TOWER.” Any mast, pole, monopole, guyed tower, lattice tower, freestanding tower, or other similar structure designed and primarily used to support antenna arrays. (For Mobile Telecommunications Tower, see “CELLULAR ON WHEELS (COW)”.)

“TEMPORARY SHELTERS.” An establishment providing cover, protection, and/or food to individuals or families on a short-term basis. Such accommodations shall be utilized for no more than three consecutive months per individual or family. This shall include shelters operated by organizations such as the Red Cross and churches to provide housing form families and individuals displaced by a natural or man-made disaster.

“TERRAIN CLASSIFICATION.” For purposes of these regulations and to guide the application of geometric design criteria, terrain has been classified as follows:

(1) Level. That condition where street sight distances, as governed by both horizontal and vertical restrictions, are generally long or would be made to be so without construction difficulty or major expense.

(2) Rolling. That condition where the natural slopes consistently rise above and fall below the street grade line and where occasional steep slopes offer some restriction to normal horizontal and vertical street alignment.

(3) Hilly. That condition where longitudinal and transverse changes in the elevation of the ground, with respect to a street, are abrupt and where the roadbed is obtained by fragment benching or side hill excavation.

“TEXT AMENDMENT.” A modification that clarifies or preserves the written provisions of an adopted ordinance or creates a new provision. It may correct an error or inconsistency or meet the challenge of changing conditions.

“THEATER.” See “CINEMAS AND THEATERS.”

“THOROUGHFARE PLAN.” The portion of the Comprehensive Plan adopted by the City Plan Commission indicating the general location recommended for arterial, collector and local streets and roads within the appropriate jurisdiction.

“TOPOGRAPHY.” The configuration of the earth’s surface including the relative relief, elevations, and position of land features.

“TOPSOIL.” Surface soils and subsurface soils which presumably are fertile soils and soil material, ordinarily rich in organic matter or humus debris. “TOPSOIL” is usually found in the uppermost soil layer called the “A Horizon.”

“TOWING AND RECOVERY YARD.” A lot or building used for the storage of damaged, wrecked or impounded motor vehicles for a limited period of time, usually awaiting insurance adjustment, transport to a repair shop, or recovery by the owner operator.

“TOWNHOUSE.” One or more single-family dwellings with a minimal front and rear yards and no side yards, arranged side by side, separated by common walls between living areas, each having more than one story.

“TRAFFIC CALMING.” Methods of reducing the negative impacts of vehicles on surrounding land uses and other methods of personal transportation through street design that decreases the speed of vehicles and provides increased space and comfort for pedestrians.

“TRAFFIC CONTROL DEVICES.” All signs, signals, markings, and devices placed or erected by authority of the Common Council or official having jurisdiction for the purpose of regulating, warning, or guiding traffic.

“TRAILER, UTILITY.” A road vehicle, usually two-wheeled, towed by a motor vehicle and features an open-top rear cargo area (bed), and used for the transportation of a user's personal property including but not limited to boat, ATV, motorcycle, snowmobiles, other water recreational vehicles or horse trailers, not used in commerce, which has a gross weight equal or less than 3,000 pounds, or a manufacturer's gross vehicle rating (GVWR) of 3,000 pounds. Notwithstanding the above, a "UTILITY TRAILER" includes a trailer or semitrailer designed and used for the transportation of livestock, not in commerce, which does not exceed GVWR of 10,000 pounds or manufacturer's GVWR of 10,000 pounds.

“TRAINING FACILITY.” A site used for education and preparation of individuals in a specific field or skill. May include indoor or outdoor spaces that may be manipulated to create different drills or activities for hands-on demonstrations.

“TRASH RECEPTACLE ENCLOSURE.” An enclosure for trash containers, recycling containers, garbage containers, building material containers or other large metal containers. Three sides of the enclosure shall be constructed of building materials matching the facade of the on-site principal building with the fourth side being screened by a metal gate or other similar materials. The enclosure shall completely screen the containers from view and measure a minimum of six feet in height or two above the size of the container whichever is greater.

“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 or used as a recreational dwelling.

“TREE.” A perennial woody plant with one main trunk and a rather distinct and elevated head, ordinarily growing to definite heights and usually developing branches at some distance from the ground.

“LARGE SHADE.” Any tree the height of which is 35 feet or greater at maturity and has a limb spread of 30 feet or more at maturity and has a spreading canopy which screens the sun.

“MEDIAN SHADE.” Any tree which has a mature height of 25 to 40 feet and has a spreading canopy which screens the sun.

“ORNAMENTAL.” Any tree grown for decorative purposes, typically small with multi-seasonal interest.

“SMALL SHADE.” Any tree which has a mature height of less than 25 feet and has a spreading canopy which screens the sun.

“TREES, STREET.” See “STREET TREES.”

“TRUCK TERMINAL.” A building or area in which freight brought by truck is assembled and/or stored for routing in intrastate and interstate shipment by truck or in which semi-trailers, including tractor and/or trailer units, and other trucks are parked or stored. This term includes moving and storage establishments.

“TRUNK.” The portion of a stem or stems of a tree before branching occurs.

“TRUSS.” An assemblage of members (as beams) forming a rigid framework.

“TRUSS DESIGN DRAWING.” The graphic depiction of an individual truss which describes the design and physical characteristics of the truss.

“TURF.” Lawn-type grasses that are intended to be manicured and maintained at a maximum height of six inches.

“UNIFIED DEVELOPMENT ORDINANCE.” A document comprised of the zoning ordinance and subdivision control ordinance for the city.

“USE.” The specific purpose for which land or a building is designated, arranged, intended, or for which it is or may be occupied or maintained.

“USE, ACCESSORY.” A use subordinate to another use located on the same property which does not change or alter the character of the premises and is clearly and customarily incidental to the primary use.

“USE, LEGAL-NONCONFORMING.” Any continuous, lawful use of structures, land, or structures and land in combination established prior to the effective date of the Unified Development Ordinance or its subsequent amendments that is no longer a permitted use in the zoning district where it is located.

“USE, NONCONFORMING.” A use which does not conform to the use regulations of the zoning district in which it is located.

“USE, PERMITTED.” Any use by right authorized in a particular zoning district or districts and is subject to the restrictions applicable to that zoning district(s).

“USE, PRIMARY.” The main use of land or buildings as distinguished from an accessory use. It may be a permitted use, conditional use, or a special exception.

“USE, TEMPORARY.” Short-term or seasonal uses which may be associated with construction projects or which intend to sell or promote specific merchandise or products and shall include, but not be limited to, residential model homes, sales offices operated from a temporary structure, non-commercial batching plants, temporary building or yard for construction materials, parking lot for a special event; bazaars, carnivals and similar temporary uses; outdoor seasonal sales; parking of recreational vehicle exceeds 14 days; garage sales; and any uses deemed appropriate by the Director of Planning and Development and/or the Board of Zoning Appeals.

“UTILITY POLE.” A structure that is:

(1) Owned or operated by:

(a) A public utility;

(b) A communications service provider;

(d) An electric membership corporation; or

(e) A rural electric cooperative; and

(2) Designed and used to:

(a) Carry lines, cables, or wires for telephone, cable television, or electricity; or

(b) Provide lighting.

This does not include a wireless support structure or an electrical transmission tower.

“UTILITY, PUBLIC.” Any person, firm, or corporation duly authorized to furnish under public regulations to the public electricity, gas, steam, telephone, fiber optics, transportation, water, or sewage systems.

“VARIANCE.” A modification of the strict terms of the relevant regulations of this chapter, where such modification 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, serious practical difficulties. For the purposes of floodplain management, it is the grant of relief from requirements of this chapter consistent with the variance conditions herein.

“VARIANCE, DEVELOPMENT STANDARDS.” A specific approval granted by the Board of Zoning Appeals deviating from the development standards (such as height, setbacks, lot area, etc.) that are prescribed within the Unified Development Ordinance.

“VARIANCE, USE.” An approval of use granted by the Board of Zoning Appeals permitting a use other than that prescribed in the Unified Development Ordinance.

“VEGETATIVE SCREEN.” A visual barrier of vegetation with dense foliage used to block aesthetically intrusive land uses from view.

“VEHICLE LENGTH.” For purposes of indicating stacking at drive- thru windows, ATM’s, etc., the minimum vehicle length is 25 feet.

“VEHICLE, INOPERATIVE.” A vehicle: from which the engine, transmission, or differential has been removed; that is partially dismantled or inoperable; or that is at least three model years old, is mechanically inoperative, does not have current license plates, and is left on private property continuously for more than 20 days.

“VESTED RIGHTS.” A right that has become fixed and cannot be revoked by subsequent changes of applicable regulations.

“VETERINARY ANIMAL HOSPITAL.” A place used for the care, diagnosis, and treatment of sick, ailing, infirm, or injured small animals, and those who are in need of medical or surgical attention. Generally, operated by a licensed veterinarian. See also “KENNEL.”

“VICINITY MAP.” A small inset map located on the plat showing the location of a proposed subdivision or use to nearby developments, landmarks, community facilities, and services within the general area.

“VIDEO-VIEWING BOOTH OR ARCADE BOOTH.” Any booth, cubicle, stall, or compartment that is designed, constructed, or used to hold or seat patrons and is used for presenting motion pictures or viewing publications by any photographic, electronic, magnetic, digital, or other means or media (including, but not limited to, film, video or magnetic tape, laser disc, CD-rom, books, magazines, or periodicals) for observation by patrons therein. A “VIDEO-VIEWING BOOTH” shall not mean a theater, movie house, playhouse, or a room or enclosure or portion thereof that contains more than 600 square feet.

“VILLAGE CENTER.” A location within the city containing an orderly mix of land uses that meets the daily needs of surrounding area residents. The mix is intended to contain active street shops such as convenience retail, food services, personal business service uses, and public access areas that will accommodate directly the pedestrian linkages to the non-residential facilities. These uses should be arranged in a manner which is focused around a central open space.

“VINYL SIDING.” An engineered product manufactured primarily from polyvinyl chloride resin used for decoration and weatherproofing imitating wood clapboard, board and batten and/or shakes and having a minimum vinyl siding thickness grade of 0.050 inch.

“VIOLATION.” The erection, alteration, enlargement, maintenance or use of any land, building or structure in violation of this chapter, Building Codes and related codes, weed ordinance or other codes and ordinances of the city applicable to said land, use, building, or structure in the zoning district in which it is located.

“VIOLATION, NOTICE OF.” A letter, stop work order, or citation identifying the violation and issued by the Department of Planning and Development.

“VIOLATION, REPEATED.” A repeat of the same violation or a similar violation at the same or different location by the same responsible party.

“VISIBLY OBSTRUCTED.” The view of an object which is blocked by a building or other manmade structure so as to be incapable of being seen from that line-of-sight.

“VISUAL CORNER CLEARANCE.” A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision, including buildings, structures, fences, signs, trees, and shrubs between the heights of two and one-half feet and ten feet above the established street grade. The street grade is measured at the intersection of the centerlines of the intersecting street pavements. The triangular space is determined by a diagonal line connecting two points, measured 15 feet equidistant from the lot corner along each property line at the intersections of two local streets, or one local street and one alley; or 25 feet along each property line at the intersection of a local street and a collector, arterial, expressway or any combinations thereof. For measuring purposes only, an alley shall be determined as per the local street distances. For areas located within the Central Core Map, Appendix G, this particular requirement may be modified and shall be approved by the City Engineer on a case-by-case basis.

“WAINSCOT (BRICK OR STONE).” A constant horizontal brick/stone line around the building, beginning at the first floor window sill down to the foundation and requiring a minimum of 24-inches in height whichever is greater.

“WAIVER.” A specific modification or lessening of the regulations of the Unified Development Ordinance granted by the Plan Commission and Common Council for a specific development such as a Planned Development in response to unique site characteristics or development patterns that justify relief from the otherwise applicable regulations or by the Plan Commission for relief from the Subdivision Control standards.

“WALLED AND ROOFED.” A building that is affixed to a permanent site and has two or more exterior rigid walls.

“WAREHOUSE, MINI-STORAGE.” A building containing small, independent, fully enclosed storage compartments that are leased or rented to persons exclusively for storage of their household goods or personal property.

“WAREHOUSING.” A building used for the storage of goods, merchandise and/or commodities that may be for later use or for resale, typically used or leased by importers, exporters, wholesalers, retailers, transport businesses, customs and other similar entities. A “STORAGE-BY-THE-BIN” facility would be considered “WAREHOUSING.” This definition does not include in-house warehousing within the principal building of a non-residential use, which is used by the company or entity occupying the principal building.

“WATER SURFACE ELEVATION.” The height, in relation to the North American Vertical Datum of 1988 (NAVD 88) or National Geodetic Vertical Datum of 1929 (NGVD) or other datum where specified, of floods of various magnitudes and frequencies in the floodplains of riverine areas.

“WATER TABLE.” The upper surface of groundwater, or the level below which the soil is seasonally saturated with water.

“WATERCOURSE.” A lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. “WATERCOURSE” includes specifically designated areas in which substantial flood damage may occur.

“WATERSHED.” The total area above a given point on a watercourse that contributes water to its flow; the entire region drained by a waterway or watercourse that drains into a reservoir, lake, or sea.

“WEEKEND DIRECTIONAL SIGNS.” Signs such as, but not limited to, those which advertise real estate open houses, residential development locations, and auctions. These signs typically are placed out on weekends, however, the definition does include this type of sign when placed out any day of the week.

“WHIP ANTENNA.” An antenna that transmits signals in 360-degrees. These are typically cylindrical in shape and are less than three inches in diameter and measure up to six feet in length, including mounting. It may be called omni-directional, stick or pipe antennas.

“WHOLESALE TRADE, INDOOR.” Establishments or places of business engaged primarily in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. Such operations shall be totally enclosed within the principal structure of the property.

“WHOLESALE TRADE, OUTDOOR.” Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

“WIDTH, PAVEMENT.” The actual measurement of a street surface that includes only the area that is drivable by vehicles, excluding curbs and/or gutter.

“WILDLIFE HABITAT (SIGNIFICANT).” A place or environment where a plant, insect, or animal naturally or normally lives and grows including shelter, food, nesting sites, and protection.

“WINDOW.” An opening in the wall of a building for admission of light and/or air that is usually enclosed by casements or sashes containing a transparent material such as glass or other similar transparent materials.

“WINDOW TREATMENT.” The application of shutters, masonry, or trim composed of wood, engineered wood, or fiber cement or other composite materials installed around and immediately adjacent to the window frame.

“WIRELESS FACILITY.” A set of equipment and network components necessary to provide wireless communications service. This does not include a wireless support structure.

“WIRELESS SUPPORT STRUCTURE.” A freestanding structure designed to support wireless facilities. This does not include a utility pole or an

electrical transmission tower.

“WIRELESS TELECOMMUNICATIONS SERVICE FACILITY.” An unmanned facility that transmits and/or receives electromagnetic waves, commonly consisting of an antenna array, connection cables, a support structure or tower to achieve the necessary elevation, and an equipment facility to house accessory equipment which may include cabinets, pedestals, shelters, and similar protective structures. It may include antenna array on buildings or structures of sufficient height.

“WOOD PRODUCTS.” Uncut trees suitable for construction are converted to lumber or lumber products by sawing, planing, or rotary cutting to produce standardized sizes of rough or dressed lumber.

“WOODLAND.” Land covered with a dense growth of trees usually greater in extent than a grove and smaller than a forest.

“WOODY PLANTS.” A plant that has a hard stem and has buds that survive above ground in the winter.

“XERISCAPING.” An approach to landscaping that minimizes outdoor water use while maintaining soil integrity through the use of native, drought-tolerant plants.

“YARD.” An open space on a lot, other than a court, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter. See also “SETBACK, REQUIRED.”

“YARD, FRONT.” A yard across the full width of the lot extending from the front property line to the front setback line. On corner lots and through lots, there shall be two or more front yards as determined by the road frontages.

“YARD, REAR.” A yard extending the full width of the lot between the rear setback line and the rear property line.

“YARD, SIDE.” A yard between the side setback line and side property line and extending from the front setback line to the rear setback line.

“YARD CARD (SIGN BOARD).” A durable, double-sided, detailed design advertising a community garage sale event. The “CARD/SIGN BOARD” may be constructed of PVC or pressure treated wood with a protective coating or similar materials.

“ZERO LOT LINE.” A development approach in which a building is sited on one or more lot lines with no yard. The intent is to allow more flexibility in site design and to increase the amount of usable open space on the lot.

“ZONE.” A geographical area shown on a FHBM or FIRM that reflects the severity or type of flooding in the area.

“ZONE A.” Areas subject to inundation by the 1% annual chance flood event. Because detailed hydraulic analyses have not been performed, no base flood elevation or depths are shown. Mandatory flood insurance purchase requirements apply.

“ZONE AE.” Areas subject to inundation by the 1% annual chance flood event determined by detailed methods. Base flood elevations are shown within these zones. Mandatory flood insurance purchase requirements apply.

“ZONE AO.” Areas subject to inundation by the 1% annual chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown in this zone. Mandatory flood insurance purchase requirements apply.

“ZONE AH.” Areas subject to inundation by the 1% annual chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone. Mandatory flood insurance purchase requirements apply.

“ZONE AR.” Areas that result from the decertification of a previously accredited flood protection system that is determined to be in the process of being restored to provide base flood protection. Mandatory flood insurance purchase requirements apply.

“ZONE A99.” Areas subject to inundation by the 1% annual chance flood event, but which will ultimately be protected upon completion of an under construction federal flood protection system. These are areas of special flood hazard where enough progress has been made on the construction of a protection system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. Zone A99 may only be used when the flood protection system has reached specified statutory progress toward completion. No base flood elevations or depths are shown. Mandatory flood insurance purchase requirements apply.

“ZONE B, C, X.” Areas identified in the community as areas of moderate or minimal hazard from the principal source of flood in the area. Buildings in these zones could be flooded by severe, concentrated rainfall coupled with inadequate local drainage systems. Flood insurance is available in participating communities, but is not required by regulation in these zones.

“ZONING.” A police power measure, enacted by the governing body of local governments, in 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 DISTRICT(S).” Areas within the city for which uniform zoning regulations governing use, height, area, size, intensity of use of both buildings and land, and open spaces are established by this Unified Development Ordinance.

“ZONING DISTRICT, BASE.” In the case of an overlay district, the standard zoning district that the parcel or tract of land is located and the standards of which apply when the overlay district regulations are silent on any given point.

“ZONING MAP.” The official City of Noblesville zoning map.

“ZONING VERIFICATION LETTER.” A request initiated by an individual or organization to provide information concerning a particular parcel or project. Information requested may include previous or existing zoning and building code violations, building and site plans, adopted ordinances and/or zoning commitments that apply to the project or parcel, zoning restrictions, certificates of occupancy, certificates of compliance, and other similar items. This request does not include those individuals or organizations requesting only written confirmation of the current zoning classification of a particular parcel or project.

(Ord. 62-12-95, passed 1-22-96; Am. Ord. 5-2-97, passed 3-10-97; Am. Ord. 67-12-98, passed 1-11-99; Am. Ord. 15-3-00, passed 4-10-00; Am. Ord. 55-11-01, passed 12-11-01; Am. Ord. 5-2-02, passed 3- 12-02; Am. Ord. 04-01-03, passed 2-11-03; Am. Ord. 26-4-03, passed 5-13-03; Am. Ord. 86-11-03, passed 12-9-03; Am. Ord. 33-6-04, passed 7-13-04; Am. Ord. 57-9-04, passed 9-28-04; Am. Ord. 42-5- 05, passed 6-14-05; Am. Ord. 48-6-05, passed 7-12-05; Am. Ord. 76-9-05, passed 10-11-05; Am. Ord. 82-10-05, passed 11-15-05; Am. Ord. 96-11-05, passed 12-13-05; Am. Ord. 89-10-06, passed 11-14- 06; Am. Ord. 95-11-06, passed 12-12-06; Am. Ord. 22-4-07, passed 4-10-07; Am. Ord. 23-4-07, passed 5-15-07; Am. Ord. 56-11-07, passed 12-11-07; Am. Ord. 13-3-08, passed 4-15-08; Am. Ord. 64-11-08, passed 12-9-08; Am. Ord. 17-5-09, passed 6-9-09; Am. Ord. 25-7-09, passed 8-11-09; Am. Ord. 41-9-09, passed 10-13-09; Am. Ord. 23-06-10, passed 7-13-10; Am. Ord. 25-7-10, passed 8-24-10; Am. Ord. 31-9-10, passed 9-28-10; Am. Ord. 12-2-11, passed 3-15-11; Am. Ord. 29-9-11, passed 10-11-11; Am. Ord. 32-10-11, passed 11-5-11; Am. Ord. 03-02-12, passed 2-28-12; Am. Ord. 09-03-12, passed 3-27-12; Am. Ord. 121-06-12, passed 7-10-12; Am. Ord. 22-06-13, passed 7-9-13; Am. Ord. 24-07-13, passed 8-13-13; Am. Ord. 13-02-14, passed 3-11-14; Am. Ord. 17-04-14, passed 5-13-14; Am. Ord. 37-08-14, passed 9-9-14; Am. Ord. 48-10-14, passed 11-10-14; Am. Ord. 49-10-14, passed 10-28-14; Am. Ord. 25-04-15, passed 5-12-15; Am. Ord. 53-10-15, passed 11-10-15; Am. Ord. 61-12-15, passed 1-12-16; Am. Ord. 46-07-16, passed 8-9-16; Am. Ord. 01-01-17, passed 1-24-17; Am. Ord. 12-04-17, passed 4-25-17; Am. Ord. 25-07-17, passed 8-15-17; Am. Ord. 32-07-19, passed 7-23-19; Am. Ord. 40-10-18, passed 12-16-18; Am. Ord. 41-11-20, passed 11-24-20 ; Am. Ord. 31-05-21, passed 5-25-21; Am. Ord. 68-11-22, passed 11-9-22; Am. Ord. 28-07-24, passed 7-9-24)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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