(A) Words in the present tense include the future and vice-versa; words in the singular number include the plural number and vice-versa; the word “building” includes the word “structure” and vice-versa; the word “shall” is mandatory and not discretionary.
(B) For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. The relinquishment of property or a cessation of the use of the property by the owner with the intention of transferring rights neither to the property to another owner, nor of resuming the use of the property.
ABUT. To physically touch or border upon; to share a common property line.
ADULT BUSINESS. The viewing, sale or rental in exchange for money or other valuable consideration:
(a) Of pornographic film, pornographic printed material, pornographic photographs or other pornographic images;
(b) Of sexual toys or sexual paraphernalia, as those terms are defined by the manufacturers, producers or distributors thereof, excepting condoms and intrauterine devices used for the prevention of disease or pregnancy;
(c) Of display of the nude human body; and
(d) Dancing or dancing exhibitions which display the nude human body without an opaque covering of the genitalia.
AGRI-BUSINESS. Establishments primarily engaged in supplying goods and services to the agricultural and farming community such as the sale of chemical pesticides, herbicides or fertilizers, farm machinery, livestock products and feed, seeds or other equipment, grain elevators, greenhouses and products normally used in connection with farming and livestock operations.
AGRICULTURE. The production of crops and livestock useful to man and the harvesting, storage and primary processing of agricultural products produced on the premises. Agricultural crops include: living plants used for human food, fiber, animal feed and forage; tree and vine crops; and other field crops. Also included are extensive horticultural enterprises where a product is raised for sale. Agricultural livestock production includes the raising, breeding and maintaining of apiaries and food animals such as horses, cattle, swine, sheep, goats, fowl, fish and fur-bearing animals raised for their pelts.
ALLEY. A public or private service way providing a secondary means of access to abutting lands.
ANIMAL HOSPITAL/VETERINARY CLINIC. A place used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals and those who are in need of medical or surgical attention and may include overnight accommodations on the premises for treatment, observation and recuperation.
APARTMENT BUILDING. A building or structure arranged, intended or designed to be occupied by three or more families living independently of each other with each including its own separate bath and kitchen facilities.
APPLICANT. The owner of land, or his or her agent or legal representative, submitting an application under the provisions of this chapter.
ASSISTED LIVING FACILITY/RETIREMENT HOME. A multiple-family structure, controlled either by a public body, institutional body or non-profit corporation, a majority of whose occupants shall be 65 years of age or over, or a multiple family structure where each unit is occupied by at least one person who is 55 years of age or over and is retired, and where the rental arrangement includes primarily non-medical services dealing with the activities and instrumental activities of daily living.
AUDITORIUM. A building or structure designed or intended to be used for entertainment events, expositions, presentations or other public gatherings.
AUTOMOBILE DISMANTLING AND IMPOUND YARD. A parcel of land or building that is used for the temporary storage of wrecked or seized motor vehicles usually awaiting to be claimed by titleholders or their agents, insurance adjustment or transport to a repair shop.
AUTOMOBILE, MOTORCYCLE, RV, FARM EQUIPMENT AND TRUCK SALES. An establishment for the sale or leasing of new and used motor vehicles, motorcycles, recreational vehicles, farm implements or trucks, which are temporarily displayed and sold on the premises.
AUTOMOBILE WRECKING/SALVAGE YARD. Any place where two or more motor vehicles, not in running condition, are stored in the open and are not being restored to operation, or any land, building or structure used for wrecking, salvage or storing of such motor vehicles or parts thereof, and including any used farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods, articles or merchandise.
BAR or TAVERN. A use, licensed by the state, to sell retail alcoholic beverages to be consumed on or off premises and which may provide dancing, entertainment and food. The term BAR shall include TAVERN, PUB, NIGHTCLUB and COCKTAIL LOUNGE.
BED AND BREAKFAST ESTABLISHMENT. An owner occupied dwelling, or portion of a dwelling, where short-term lodging rooms and morning meals are provided for compensation.
BEDROOM or SLEEPING ROOM. A private room planned and intended for sleeping, separated from other rooms by a door, and accessible to a bathroom without crossing another bedroom.
BLOCK. A tract of land bounded by streets, railroad right-of-way, waterways or other barriers.
BOARD. The North Manchester Board of Zoning Appeals.
BUFFERYARD. Land area used to visibly separate one use from another or to shield or block noise, lights or other nuisances.
BUILDING. A structure having a roof intended for the shelter, support, enclosure or protection of persons, animals, chattels or property.
BUILDING CODE. A town ordinance or group of ordinances establishing and controlling the standards for constructing buildings, utilities, mechanical equipment and all forms of structures and permanent installations and related matters, within the town.
BUILDING MATERIALS WHOLESALE. See WHOLESALER.
BUILDING, ACCESSORY. A subordinate structure, the use of which is incidental to that of the dominant use of the principal building or land.
BUILDING, HEIGHT OF. The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which said building is situated. Where a part of an accessory building is attached to the PRINCIPAL BUILDING in a substantial manner, as by a roof, such accessory building shall be considered a part of the PRINCIPAL BUILDING.
BUILDING AREA. The maximum horizontal projected area of the principal building and accessory building(s) excluding open steps or terraces, unenclosed porches or architectural appurtenances projecting not more than two feet beyond a wall of the building(s).
BUILDING COMMISSIONER. The Building Commissioner of the Town of North Manchester, Indiana.
BUILDING, DETACHED. A building having no structural connection with another building.
BUILDING PERMIT. A certificate issued by the town permitting a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure within its jurisdiction, or cause the same to be done.
BUILDING SETBACK LINE. A line establishing the minimum horizontal distance between the right-of-way of any street, or the property line of the side and rear yards, and a part of any structure regardless of whether it is the front, side or rear of the building.
CAR WASH. A building or part of a building containing facilities for washing more than two automobiles, or using production-line methods with a chain conveyor, blower, steam-cleaning device or other mechanical device and which may include on the same site the fueling of automobiles when such fueling is ancillary and preliminary to the principal function of washing vehicles.
CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, mausoleums and mortuaries when operated in conjunction with and within the boundary of such CEMETERY.
CERTIFICATE OF OCCUPANCY. A certificate signed by the Building Commissioner stating that the occupancy and use of land or a building or structure referred to therein comply with the provisions of this chapter.
CLUB. A non-profit association of persons who are bona fide members paying regular dues and are who are organized for some common purpose. CLUBS shall exclude religious places of worship or groups organized solely or primarily to render a service customarily carried on as a commercial enterprise.
COMMERCIAL ENTERTAINMENT, INDOOR. A facility for any profit-making activity which is generally related to the entertainment or recreation field that is open to the general public, such as: motion picture theaters, bowling alleys, skating rinks, video game rooms and similar entertainment activities.
COMMERCIAL ENTERTAINMENT, OUTDOOR. Any profit-making activity entertainment or recreation services offered outside of an enclosed building that is open to the general public. Examples include golf courses, driving ranges, miniature golf courses, go-kart tracks, sand volleyball courts, water parks, batting cages and amusement parks.
COMMISSION. The North Manchester Town Plan Commission.
COMPREHENSIVE PLAN. Includes physical, social and/or economic plans and policies in graphic and verbal statement forms for the development of the town and surrounding area within the town’s planning jurisdiction, prepared and adopted by the Town Council, pursuant to the state acts, and including any part of such plan and/or policies separately adopted and any amendment to such plan and/or policies, or parts thereof.
CONCRETE OR ASPHALT MIXING PLANT. An outdoor or indoor facility used for the production and temporary storage of concrete, portland cement and asphalt products.
CONDOMINIUM. The division of building(s) and the related land into horizontal property interests meeting the requirements of and controlled by state statutes for condominiums as prescribed by the I.C. 32-25-1 through 32-25-9.
CONFINED FEEDING. The raising of animals for food, fur or recreation in lots, pens, ponds, sheds or buildings, 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 animals’ confinement area. Livestock markets and sale barns are generally excluded. CONFINED FEEDING OPERATIONS are further defined in I.C. 13-11-2-39.
CONFINED FEEDING OPERATION. Any livestock operation engaged in the confined feeding of at least 300 cattle, or 600 swine or sheep, or 30,000 fowl, such as chickens, ducks and other poultry and as may further be defined or regulated in I.C. 13-18-10.
CONTRACTOR’S OFFICE AND YARD. A facility used for office space and storage for conducting the business affairs of persons engaged in the building trades industry. Such use may include unenclosed areas used for the storage and maintenance of construction equipment and other materials customarily used in the trade carried on by the contractor.
DAY CARE CENTER. Any licensed institution operated for the purpose of providing care and maintenance to children separated from their parent, guardian or custodian during a part of the day for two or more consecutive weeks, except a school or other bona fide educational institution and as further regulated in 470 I.A.C. 3-4.1-2.
DENSITY. A unit of measurement that indicates the number of units per acre of land.
DEVELOPER. The owner of land proposed to be subdivided or his or er representative or agent. Consent for making applications for development approval shall be required from the legal owner of the premises.
DEVELOPMENT. Any human-made change to improved or unimproved real estate including, but not limited to, buildings and other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
DEVELOPMENT PLAN. A drawing to scale, including a legal or site description of the real estate involved which shows the location and size of all existing and proposed buildings, structures and yards; location and dimension of buildings lines and easements; widths and lengths of all entrances and exits to and from the real estate; location of all adjacent or adjoining streets; surface water drainage plan; the purpose of which is to present a unified or organized arrangement of buildings, service facilities and other improvements including, but not limited to, planting areas, public parking areas and surface water detention and retention structures.
DISTRICT. A section of the territory within the jurisdiction of the North Manchester Town Plan Commission for which uniform regulations governing the use, height, area, size and intensity of use of the buildings and land, and open spaces about buildings are herein established.
DOUBLE-WIDE MOBILE HOME. See DWELLING, MOBILE HOME.
DRIVE THROUGH FACILITY. Any portion of a building or structure from which business is transacted or is capable of being transacted, directly with customers located in a motor vehicle during such business transaction. This definition shall also include DRIVE IN FACILITIES.
DRIVEWAY. A private roadway providing access from a dwelling or off-street parking lot to a street or other thoroughfare.
DWELLING. A building or portion thereof, used primarily as a place of residence, containing living, sleeping and sanitary facilities, for one or more human beings, but not including hotels or motels.
DWELLING, DUPLEX. See DWELLING, TWO-FAMILY.
DWELLING, MOBILE HOME. A detached dwelling unit designed to be repeatedly transported on highways, and when arriving at the site for placement involving only minor and incidental unpacking, assembling and connection operations, but which involves no substantial reconstruction which would render the unit unfit as a conveyance on the highway. A transportable structure that is wholly, or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site and designed for long-term residential use and built prior to, or not conforming to, enactment of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.), effective on the 6-15-1976, and usually built to the voluntary industry standard of the American National Standards Institute (ANSI) - A119.1, Standards for Mobile Homes. The term MOBILE HOME does not include commercial trailers, job site trailers or temporary classroom trailers or structures.
DWELLING, MODULAR HOME (FACTORY BUILT). A structural assemblage of materials having been constructed by an approved method of construction, comprising all or part of a total structure which, when constructed, is self-sufficient, and when installed constitutes a dwelling unit, except for necessary preparation for its placement. The prototype model of which has a serial number designating it as a modular structure approved by the state’s Department of Fire and Building Services.
DWELLING, MULTIPLE. A building designed for occupancy by more than two families.
DWELLING, SINGLE-FAMILY. A building designed for occupancy by no more than one family and as further described and defined by the most recent Uniform Building Code. (Modified by Steering Committee on 8-27-2003.)
DWELLING, TWO-FAMILY. A dwelling in which living quarters are arranged side-by-side, or one over the other and having either separate or one common entrance for two families.
DWELLING UNIT. One room or rooms containing independent cooking, sanitation and sleeping facilities and constituting an independent housekeeping establishment, physically separated from other dwelling units in the same structure. The term DWELLING UNIT does not include recreational vehicles.
EASEMENT. A portion or strip of land which is part of a lot or parcel, but which has been reserved for a specific use for access by persons, or for utilities and/or services.
EDUCATIONAL INSTITUTION. Public, private, secular or non-secular, pre-primary, primary, grade, junior high, high, preparatory school or academy; junior college; college or university, if public or founded or conducted by or under the sponsorship of a religious or charitable organization. For the purposes of this chapter, home schooling shall not be considered an EDUCATIONAL INSTITUTION.
ENLARGEMENT. An increase in size of an existing structure or use.
ESSENTIAL SERVICE. Overhead or underground electrical, gas, steam or water transmission or distribution systems, and collection, communication, supply or disposal systems and structures used by public utilities or governmental departments or commissions or systems as are required for the protection of public health, safety or general welfare, including: utility substations, towers, poles, wires, mains, drains, sewers, pipes, conduits, cables and similar improvements.
FACTORY-BUILT HOME. See “DWELLING, MODULAR HOME.
FAMILY. One or more persons, not necessarily related by blood, marriage, adoption or guardianship, living as a single housekeeping unit with not more than two persons regularly sleeping in each bedroom or sleeping room.
FENCE. Any artificially constructed barrier of any material, or combination of materials, erected to enclose or screen areas of land.
FINANCIAL INSTITUTION. Any building, property or activity of which the principal use or purpose of which is the provision of financial services including, but not limited to, banks, facilities for automatic teller machines (ATMs), credit unions, savings and loan institutions and mortgage companies.
FLOOD HAZARD AREAS. Those floodplains which have not been adequately protected from flooding by the regulatory flood by means of dikes, levees or reservoirs, and are shown on the Floodway-Flood Boundary Maps of the Federal Insurance Administration or maps provided to the Commission from the state’s Resources Commission.
FLOODPLAIN. The area adjoining the river or stream which has been or may hereafter be covered by flood water from the regulatory flood.
FLOOD PROTECTION GRADE. The elevation of the lowest point around the perimeter of a building at which flood waters may enter the interior of the building.
FLOODWAY. The channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flow of the regulatory flood of any river or stream shown on the Floodway-Flood Boundary Maps of the Federal Insurance Administration.
FLOODWAY FRINGE. Those portions of the flood hazard areas lying outside the floodway, shown on the Floodway-Flood Boundary Maps of the Federal Insurance Administration.
FLOOR AREA, GROUND. The square foot area of a building within its largest outside dimensions computed on a horizontal plane at the ground floor level exclusive of open porches, breeze ways, terraces, garages and exterior stairways.
FLOOR AREA, GROSS. The total area, computed on a horizontal plane, within the outside dimensions of a building.
FLOOR AREA, NET. The total area, computed on a horizontal plane, used for a particular business category; exclusive of entrances, hallways, stairs and other accessory areas used for ingress or egress.
FOUNDATION. The supporting member of a wall or structure.
FRATERNITY OR SORORITY HOUSE. A building containing sleeping rooms, bathrooms, common rooms and a central kitchen and dining room maintained exclusively for fraternity or sorority members and their guests or visitors and affiliated with an institution of higher learning.
FRONTAGE. The side of a lot abutting on a street or way and ordinarily regarded as the front of the lot. Lots shall not be considered to front on stub ends of streets and, in the case of corner lots, will be considered to front on both intersecting streets.
GASOLINE SERVICE STATION. Any building, structure or land used for supplying and selling motor fuel, lubricants, travel aides, minor automobile accessories or oil direct to motor vehicles. Convenience goods for sale to the public may also be available. This definition shall also apply to GAS STATIONS and SERVICE STATIONS.
GARAGE, PRIVATE. An accessory building generally and primarily used for the storage of motor vehicles owned by the owner of said vehicle.
GARAGE, PUBLIC. Any building, except those defined herein as a private garage, used for the storage, or care of motor vehicles, or where such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.
GREENHOUSE. A building or structure constructed mostly of glass, glasslike or translucent material, cloth or lath, which is devoted to the protection or cultivation of flowers or other plants.
GREENHOUSE, COMMERCIAL. A greenhouse used for the growing of flowers or plants, all or part of which are sold at wholesale.
GROUP HOME. A residential care facility licensed by the state which provides room and board, and personal care and supervision for more than eight, but not more than 16, aged, mentally retarded or developmentally disabled persons who are able to be integrated into a family-type setting.
GROUP HOME, STUDENT. A home or housing unit occupied by more than three persons unrelated by blood or marriage, and functioning as a single housekeeping unit. The term STUDENT GROUP HOME includes a club, nurses home, boarding or lodging house, fraternity, sorority and student cooperative, as well as other residential and housekeeping uses fitting within the foregoing definition but does not include a hotel, motel, nursing home, nursing home conversion or bed and breakfast establishment.
HEAVY MANUFACTURING. A use engaged in the processing or assembling, altering, converting, fabricating, finishing, processing or treatment of a product utilizing a process which may include or generate objectionable or hazardous elements such as smoke, noise, odor, vibration, water pollution or dust and which may be operating outside of a completely enclosed structure.
HELIPORT. An area, either at ground level or elevated on a structure, licensed by the federal government or appropriate state agency and approved for the loading, unloading, landing and takeoff of helicopters that may include auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.
HOME OCCUPATION. The production of goods and/or services within a residence by a member(s) of the family residing in the residence, provided that the use is limited in extent and incidental and secondary to the use of the dwelling unit for residential purposes and which does not change the residential character of the neighborhood. (See § 156.362 of this chapter.)
HOSPITAL. An institution providing health services, primarily for in-patient 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/MOTEL. A facility offering transient lodging accommodations, on a daily rate, to the general public and potentially providing additional accessory services such as restaurants, meeting rooms and recreational facilities.
IMPERVIOUS SURFACE. Any hard surfaced, man-made area that does not readily absorb or retain water, including, but not limited to, building roofs, paved parking and driveway areas, sidewalks and paved recreation areas.
IMPERVIOUS SURFACE RATIO. The measure of intensity of land use, determined by dividing the total of all impervious surfaces on a site by the gross area of the site.
IMPROVEMENT LOCATION PERMIT. A permit signed by the Building Commissioner stating that a proposed improvement complies with the provisions of this chapter and such other ordinances as may be applicable.
INDUSTRIAL PARK. A single structure or group of structures or lots intended for industrial purposes or operations forming a comprehensive arrangement of buildings, grounds and access ways planned in accordance with harmonious principles of architectural and landscape architectural design and industrial management.
INFILL DEVELOPMENT. The development of new principally permitted buildings on scattered development sites in a developed or built-up area.
JUNK YARD. Any place at which personal property is or may be possessed, salvaged, collected, dismantled or sorted for reuse, resale or reduction, including, but not limited to, used or salvaged base metal or metals, their compounds or combinations, used or salvaged rope, bags, paper, rags, glass rubber, lumber, millwork, brick and similar property except animal matter; and used motor vehicles, machinery or equipment which is used, owned or possessed for the purpose of wrecking or salvaging parts there from.
JURISDICTION OF THE COMMISSION. The Town of North Manchester, Indiana, and the contiguous unincorporated territory lying within one mile of the corporate limits of the town or the legal description as assigned by the County Commissioners.
KENNEL. An establishment licensed by the state to operate a facility housing domestic animals such as dogs or cats, and where grooming, breeding, boarding, training or selling of animals is conducted as a business.
LOADING AND UNLOADING BERTHS. The off-street area required for the receipt of distribution by vehicles of material or merchandise.
LIGHT MANUFACTURING. A use engaged in the processing or assembling, altering, converting, fabricating, finishing, processing or treatment of a product utilizing a relatively clean and quiet process which does not include or generate objectionable or hazardous elements such as smoke, noise, odor, vibration, water pollution or dust and which is operating in a completely enclosed structure.
LOADING SPACE. An off-street space or berth used for the loading or unloading of cargo, products or materials from vehicles.
LOT. A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or of building development.
LOT, CORNER. A lot at the junction of and having frontage on two or more intersecting streets.
LOT, DOUBLE FRONTAGE. See LOT, THROUGH.
LOT, INTERIOR. A lot other than a corner lot or through lot.
LOT, DEPTH OF. The mean horizontal distance between the front line and the rear line of the lot, measured in the general direction of the side lot lines.
LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets.
LOT COVERAGE. The percentage of a lot area covered by the building area.
LOT GROUND LEVEL.
(a) For buildings having walls adjoining one street only, the elevation of the sidewalk or the established grade of the street at the front lot line at the center of the wall adjoining the street; for buildings having walls adjoining more than one street, the average of the elevation of the sidewalk or the said established grade at the center of all walls adjoining the streets; and for buildings having one wall adjoining the street, the average level of the ground adjacent to the building.
(b) Any wall approximately parallel to and not more than five feet from a street is to be considered as adjoining the street.
LOT LINE. The property line between two established parcels of land or one parcel and a public right-of-way.
LOT LINE, FRONT. In the case of an interior lot, a line separating the lot from the street or place; and, in the case of a corner lot, a line separating the narrowest frontage of the lot from the street, except in cases where deed restrictions in effect specify another street right-of-way line as the front lot line.
LOT LINE, REAR. A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE. Any lot boundary line not a front lot line or a rear lot line.
LOT LINE, ZERO. The location of a building on a lot in such a manner that one or more of the building’s sides rests directly on a lot line.
LOT, NON-CONFORMING. A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter but which fails by reason of the adoption, revision or amendment to conform to the present requirements of the zoning district.
LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the county’s Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT WIDTH. The dimension of a lot, measured between side lot lines on the building line.
MANUFACTURING, HEAVY. See HEAVY MANUFACTURING.
MANUFACTURING, LIGHT. See LIGHT MANUFACTURING.
MASTER PLAN. See COMPREHENSIVE PLAN.
MOBILE HOME. See DWELLING, MOBILE HOME.
MODULAR HOME (FACTORY BUILT). See DWELLING, MODULAR HOME.
MOBILE HOME COURT OR PARK. A mobile home development, designed with a variety of facilities for common use, and in which mobile home spaces are rented.
MOBILE HOME SUBDIVISION. A mobile home development designed and intended to provide individual, subdivided lots for sale for the placement of mobile homes for residential purposes.
MULTI-TENANT BUILDING, NON-RESIDENTIAL. Any non-residential building or structure that is occupied by two or more owners, renters or land uses, which is managed as a single property.
NON-CONFORMING LOT. See LOT, NON-CONFORMING.
NON-CONFORMING USE. The use of a building, structure or parcel of land lawfully existing prior to the adoption, revision or amendment of this chapter, but which fails by reason of the adoption, revision or amendment to conform to the present requirement of this chapter.
NURSING HOME.
(a) A facility licensed by the state, which:
1. Provides nursing services on a continuing basis;
2. Admits the majority of the occupants upon the advice of physicians as ill or infirm person requiring nursing services;
3. Provides for licensed physicians services or supervision; and
4. Maintains medical records.
(b) Such facilities may also provide other and similar medical or health services; provided that, no occupant requires physical restraint within the facility. Examples of NURSING HOME FACILITIES that provide health services may include, if they comply with all the above criteria, nursing homes, convalescent homes, maternity homes, rest homes, homes for the aged and the like.
OFF-SITE. Any premises not located within the area of the property to be subdivided or developed, whether or not in the same ownership of the applicant for subdivision approval.
OFFICE, PROFESSIONAL. A use in a building, or portion of a building, wherein services are performed involving predominately administrative, professional or clerical operations.
OPEN SPACE. A natural or manmade landscaped area not occupied by any structures, buildings or impervious surfaces.
OUTDOOR DISPLAY. An area of designated size, outside of an enclosed building, used for the display of merchandise, goods, wares or tangible property normally sold, rented or leased within the business on the property where the merchandise is sold, rented or leased.
OUTDOOR STORAGE. A use involving the keeping outside of an enclosed building of personal or business property, goods, wares, or merchandise that are not located in that specific area for customer viewing or immediate sale, in the same place, for a period of more than 72 hours.
OUTDOOR THEATER. An open lot devoted primarily to the showing of motion pictures or for dramatic, dance, musical or other live performances.
OWNER. Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided or developed under these regulations.
PARK and PLAYGROUND. The use of any land or open space for passive or active non-commercial recreation purposes.
PARKING AREA, PRIVATE. An area paved with a hard surface (including gravel) in accordance with town specifications, other than a street or an alley, designed or used for the temporary parking of motor vehicles for clients, customers or employees.
PARKING AREA, PUBLIC. An area, paved with a hard surface (including gravel) in accordance with town specifications, other than a street or alley, designed or used for the temporary parking of more than four motor vehicles when available for public use, whether free or for compensation, or as an accommodation for clients or customers.
PARKING SPACE, OFF-STREET. An off-street parking space is a temporary storage area for a motor vehicle, including a driveway for a residential use, with room to open doors on both sides, that is directly accessible to an access aisle and which is not located on a dedicated street right-of-way.
PERSON. A corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person or persons.
PERSONAL SERVICES. Any use which caters to customers needs, and which may include the incidental sale of products. PERSONAL SERVICES may include barber shops, beauty shops, dry cleaners, health clubs and tanning spas. PERSONAL SERVICES shall not include adult business or sexually-oriented businesses.
PLACE. An open, unoccupied, officially designated space other than a street or alley permanently reserved for use as the principal means of access to abutting property.
PLAN COMMISSION. The town’s area plan body as established in accordance with state law, often referred to herein simply as the Commission.
PLANNED UNIT DEVELOPMENT (PUD). A parcel of land or contiguous parcels of land controlled by a single landowner or by a group of landowners in common agreement as to control, to be developed as a single entity, the environment of which is compatible with adjacent parcels and the intent of the zoning district or districts in which it is located.
PLANT NURSERY. Any land, building, structure or any combination thereof used for the storage, cultivation, transplanting or live trees, shrubs or offered for retail sale on the premises including products used for gardening or landscaping.
PLAT. A map or chart indicating the subdivision or re-subdivision of land either filed or intended to be filed for record.
PRIVATE SEWER. A sewage disposal system which is not constructed, installed, maintained, operated and owned by a municipality, taxing district established for that purpose, or a utility under the jurisdiction of the Public Service Commission of the state. Any such private system shall be in conformance with all local and state codes, ordinances and regulations.
PROFESSIONAL OFFICE. See OFFICE, PROFESSIONAL.
PROFESSIONAL SERVICE. The use of office and other related spaces for such services as are provided by medical practitioners not intended for overnight care, dentists, attorneys, architects, real estate agents, engineers, funeral homes and other similar professions.
PUBLIC BUILDING AND SERVICES. A building, facility or land owned, controlled and/or operated by the town, county, state or federal government including fire stations, libraries, post offices, police stations and the Town Hall.
PUBLIC SEWER. A sewage disposal system which is constructed, installed, maintained, operated and owned by a municipality, taxing district established for that purpose, or a utility under the jurisdiction of the Public Service Commission of the state, but shall not include a sewer installed for the purpose of subsoil drainage.
PUBLIC WATER. A water supply which is constructed, installed, maintained, operated and owned by a municipality, taxing district established for that purpose or a utility under the jurisdiction of the Public Service Commission of the state.
RECREATIONAL FACILITY; OUTDOOR. Any land or facility, operated by a non-profit organization that is open to the public or members of the non-profit organization that may include, but is not limited to, athletic fields, picnic areas, playgrounds and bike/hike trails.
RECYCLING CENTER. A center whose primary purpose is to gather and separate such products as glass, paper, metal plastics and similar materials. Such uses shall be distinguished from junk yards and salvage yards and shall be primarily involved with domestic uses.
REGULATORY FLOOD. That flood having a peak discharge which can be equaled or exceeded on the average of once in a 100-year period, as calculated by a method and procedure which is acceptable to and approved by the state’s Natural Resources Commission; this flood is equivalent to a flood having the probability of occurrence of 1% in any given year.
RELIGIOUS PLACE OF WORSHIP. A use involving a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship or services and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
RESEARCH AND DEVELOPMENT LABORATORY. A use in which scientific research, investigation, testing or experimentation is conducted, but not including the manufacturing or sale of products, except as incidental and accessory to the main purpose of the facility.
RESTAURANT. A use involving a business establishment, with or without table service, within which food is prepared and offered for sale and consumption on or off the premises, to the customer, in a ready to consume state in individual serving or in non-disposable containers.
RESTAURANT, FAST FOOD. A use involving a business establishment whose principal business is the sale of previously prepared food, in disposable containers, directly to the consumer in a ready to consume state for consumption either within the restaurant or off-premises.
RESTRICTIVE COVENANTS. Limitations of various kinds on the usage of lots or parcels of land within a subdivision which are proposed by the subdivider and, in the case of public health, safety and welfare by the Commission, that are recorded with the plat and run with the land.
RETAIL BUSINESS. A use that provides goods, wares and merchandise, directly to the consumer, where such goods are available for immediate purchase.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, pedestrian-way, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, special landscaping or for another special use.
ROADSIDE BUSINESS. A temporary use for the sale of seasonal products and/or produce.
SANITARY LANDFILL. A solid waste disposal facility at which solid waste, trash, refuse, junk or unwanted materials is deposited on or beneath the surface of the ground as an intended place of final location as regulated by I.C. 13-19.
SCREENING. A fence, wall or an area of land used as a planting strip on which evergreen, hedge, shrubbery or other planting materials are placed for the purpose of limiting visibility.
SETBACK. The minimum required horizontal distance between the property line or the right-of-way and the building line. The SETBACK LINE shall be parallel to the front lot line and no portion of the building shall be closer to the front lot line than the required minimum SETBACK.
SIGN. Any advertising device, billboard or board, or structure, or part thereof, or device attached thereto or painted or represented thereon, for advertising display or publicity purposes. SIGNS placed or erected by governmental agencies for the purpose of showing street names or traffic directions or regulations for other governmental purposes shall not be included herein.
SIGN, CONSTRUCTION. A construction sign is a temporary sign identifying an architect, contractor, subcontractor and/or material supplier participating in construction on the property on which the sign is located.
SIGN, DIRECTIONAL. A directional sign is any on-premise sign giving directions, instructions or facility information but shall not contain the name or logo of an establishment, nor any advertising copy.
SIGN, FREESTANDING. A freestanding sign is any permanent sign not attached to a building. This shall include signs attached to poles and signs attached directly to the ground.
SIGN, NON-CONFORMING. A non-conforming sign is a sign which was erected legally, but which does not comply with subsequently enacted sign restrictions and regulations.
SIGN, OUTDOOR ADVERTISING. A sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
SIGN, POLITICAL. A political sign is a temporary sign which announces the candidacy of a person or slate or persons running for elective office or a political party or issue.
SIGN, SANDWICH BOARD. A portable sandwich board is a sign with two display surfaces that is not permanently anchored to the ground or a structure and has a hinged, or A-frame construction that allows the sign to be displayed indoors or outdoors.
SIGN, PORTABLE. A portable sign is a sign which is movable and which is not permanently attached to the ground, a structure or other signs, and is designed or constructed in such a manner that it can be moved or relocated without involving any structural or support changes.
SIGN, PROJECTING. A projecting sign is a sign supported by a building wall or column and extending a distance exceeding 12 inches from the wall.
SIGN, REAL ESTATE. A real estate sign is a temporary sign advertising the property or land upon which the sign is located as being for rent, lease or sale.
SIGN, SUBDIVISION. A subdivision sign is any ground-mounted or wall sign identifying a recognized subdivision, condominium complex or residential development.
SIGN, TEMPORARY. A temporary sign is any sign not constructed or intended for long-term use and is not permanently mounted.
SIGN, WALL. A wall sign is any sign which is located on or formed by the surface of the wall of a building. A mansard roof facade on a building shall be considered part of the wall.
SIGN, WINDOW. A window sign is a sign installed inside a window and intended to be viewed from the outside.
STORAGE, COMMERCIAL. A building used primarily for the storage of goods and materials by the owner of goods and materials or operated for a specific commercial establishment or group of establishments in a particular industrial or economic field.
STORAGE, PERSONAL. The use of a building containing individual, compartmentalized and controlled access stalls, rooms or lockers that are leased, rented or owned by different individuals for the storage of individual possessions or personal property.
STREET. A right-of-way or thoroughfare, other than an alley, or place dedicated or otherwise legally established for public use, usually affording the principal means of access to abutting property.
STRUCTURE. Anything constructed or erected which requires location on the ground or attachment to something having a location on the ground except utilities poles and towers.
STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders, or any substantial change in the exterior walls or the roof.
SUBDIVISION. The division of a parcel of land into two or more lots, parcels, sites, units, plats or interests for the purpose of offer, sale, lease or development, either on the installment plan or upon any and all other plans, terms, and conditions, including re-subdivision. SUBDIVISION includes the division of development of land zones for residential and non-residential uses, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat or other recorded instrument.
TOWN. The Town of North Manchester, Indiana.
TRUCK AND FREIGHT TERMINAL. An area and building where trucks load and unload cargo and freight and where the cargo and freight may be divided or aggregated into smaller or larger loads to transfer to other vehicles or modes of transportation.
USE. The purpose or activity for which the land or building thereon is designated, arranged or intended, for which it is occupied, utilized or maintained.
USE, ACCESSORY. A use subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto.
USE, PRINCIPALLY PERMITTED. The primary or predominant use of any lot.
USE, SPECIAL EXCEPTION. A use permitted in a particular zoning district only upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in this chapter and authorized by the Board of Zoning Appeals.
VARIANCE. A modification of the strict terms of the relevant district regulations where the modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not a result of action of the applicant, a literal enforcement of the regulations would result in a practical difficulty or an unnecessary hardship.
VISION CLEARANCE ON CORNER LOTS. A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision.
WAREHOUSE. A use primarily involved in the indoor storage of goods and materials.
WHOLESALER. A use which maintains a stock of goods, other than samples on premises, and is engaged in the resale of commodities in quantity, to businesses, industries and institutions.
YARD. A space on the same lot with a building, which is open, unoccupied and unobstructed by structures, except as otherwise provided in this chapter.
YARD, FRONT. A yard extending across the full width of the lot or in the case of a corner lot extending also along the length of the lot abutting the side street, unoccupied other than by steps, walks, terraces, driveways, lamp posts, and similar appurtenances, the depth of which is the least distance between the lot line and the building line. The FRONT YARD of a corner lot shall be that yard abutting the street upon which the lot has its least frontage.
YARD, REAR. A yard extending across the full width of the lot between the rear of the principal building and the rear lot line.
YARD, SIDE. A yard between the building and side lot line, extending from the front yard or from the front lot line where no front yard is required, to the rear yard.
YARD SALE. A sale offering primarily domestic and household items belonging to the primary occupant of the premises and/or said persons, friends, relatives and neighbors.
ZONING ADMINISTRATOR. The Building Commissioner of the Town of North Manchester.
ZONING AMENDMENT. A change of the zoning map or zoning text authorized by the town, either in the allowable use within a district, in the boundaries of a district or in a change to the ordinance text.
ZONE MAP. A map entitled “Zone Map, North Manchester, Indiana”, dated 5-5-1982, and any subsequent amendments thereto.
(Ord. passed 9-26-2006)