For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The present tense includes the future tense. The singular number includes the plural and the plural includes the singular. The word “shall” is mandatory; the word “may” is permissive. The word “used” includes “designed” or “intended” to be used. The word “lot” includes the words “tract” or “parcel.” Any words not defined as follows shall be construed in their general accented meanings as defined by Webster’s dictionary.
ACCESSORY BUILDING, STRUCTURE OR USE. One which is subordinate to and serves the principle building or principle use; subordinate in area, extent, or purpose to the principle building or principle use served; contributes to the comfort, convenience, or necessity of occupants of the principle use served; and located on the same lot as the principle use building or principle use served, with the single exception of such accessory off-street parking facilities as are permitted.
AGRICULTURE. The use of a tract of land for agricultural purposes, including farming, dairying, pasturage, horticulture, timber and the necessary uses for packing, treating, or storing the agricultural product.
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.
APPEAL. The taking of a question of interpretation or enforcement of this chapter, in a specific case, to the Board of Zoning Appeals for review from which a variance may be authorized.
BUFFER AREA, SCREENING. Any trees, shrubs, fences, or mounds, planted or constructed for the purpose of shielding the negative effects of a neighboring land use.
BUSINESS, MANUFACTURING. A business that derives its principal source of income from the sale of goods made from raw, unfinished materials, as distinguished from the final product.
BUSINESS, RETAIL. A business that derives its principal source of income from the sale of supplies to the ultimate consumer.
BUSINESS, SERVICE. A business that derives its principal source of income from the sale of useful artistic, educational, intellectual, literary, or scientific labor from which no necessary tangible commodity is derived.
BUSINESS, WHOLESALE. A business that derives its principal source of income from sales to retailers, other merchants, or industrial, institutional or commercial users which will use the goods for resale or business use.
CLUSTER DEVELOPMENT. A development where the buildings are constructed closely together in order to preserve large areas of undeveloped space for recreational, scenic or preservation uses.
COMMISSION. The Owen County Planning Commission.
DENSITY. A unit of measurement; the number of dwelling units per acre of land.
(1) GROSS DENSITY. The number of dwelling units per acre of the total land to be developed, including the public right-of-way.
(2) NET DENSITY. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding the public right-of-way and other public lands.
DWELLING. A permanent building, or portion thereof, but not a mobile home designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, and multiple-family dwelling, but not including hotels, motels, or lodging houses.
DWELLING UNIT. One or more rooms which are arranged, designed or used as living quarters for one family only. Bathrooms and complete kitchen facilities shall be included for each DWELLING UNIT.
DWELLING, SINGLE-FAMILY. A building consisting of one dwelling unit only, separated from other dwelling units by open space.
DWELLING, MULTIPLE-FAMILY. A building consisting of two or more dwelling units.
EASEMENT. An authorization of grant by a property owner to specific person(s) or to a utility for specific purposes.
FENCE. A structure, including entrance and exit gates, designed and constructed for enclosure and/or screening.
FLOODPLAIN. The relatively flat or low land adjoining the channel of a river or stream which has been or may be covered by flood water.
GARAGE, PRIVATE. An accessory building or an accessory portion of the principal building, including a carport, which is intended for and used for storing the private vehicles of the family or families resident upon the premises.
GROCERY STORE. Any establishment or section of an establishment where food and food products are offered to the consumer and intended for off-premise consumption.
HOME OCCUPATION. An occupation or activity conducted entirely within a dwelling or accessory building, solely by the occupants thereof, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and in connection with which:
(1) Not more than one person not a resident on the premises is employed;
(2) Not over 25% of the first floor of the dwelling is occupied by such use; and
(3) No internal or external alterations to the dwelling are required to accommodate the use.
IMPERVIOUS SURFACE. An area of land, such as a parking lot, that cannot be penetrated by water or other liquids and may create considerable storm water runoff.
INDUSTRIAL PARK. Land specifically developed with the intention to locate industrial businesses.
JUNK YARD. An open area where waste or scrap materials, or three or more motor vehicles not in running operable condition, or parts thereof are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, but excluding uses established within enclosed buildings.
KENNEL. Any premises or portions thereof on which more than four dogs, cats, or other household domestic animals over four months of age are kept, or on which more than two such animals are maintained, boarded, bred, or cared for, in return for enumeration, or are kept for the purpose of sale.
LOT. A parcel of land of sufficient size to meet all requirements for use. Such LOT shall have frontage on an improved public street, or on an approved private street.
MANUFACTURED HOME. As set forth in 42 U.S.C §§ 6401 et seq., as it existed on January 1, 2007, a structure, transportable in one or more sections which, in the traveling mode, is eight body feet or more in width of 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this definition except the size requirement and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under this chapter; and except that such term shad not include any self-propelled recreational vehicle.
MANUFACTURING, EXTRACTIVE. Any mining, quarrying, excavating, processing, storing, separating, cleaning or marketing of any mineral natural resource.
MANUFACTURING, HEAVY. Manufacturing, processing, assembling, storing, testing, and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive service and facilities, ready access to regional transportation; and may generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution, and water pollution, but not beyond the property boundary.
MANUFACTURING, 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.
MASTER PLAN (NOT CAPITALIZED). The Owen County Master Plan.
OPEN SPACE. A public or private outdoor area expressly set aside for the use and benefit of people. The area may include, along with the natural environmental features, water areas, swimming pools, tennis courts, basketball courts, shelters, and other outdoor recreational facilities that the Plan Commission deems permissible. Streets, parking areas, structures for habitation, and the like shall not be included in open space area calculations.
PARKING LOT. An area of land specifically designed and used for the parking of motor vehicles.
PLANNED UNIT DEVELOPMENT (PUD). An area of land in which a variety of residential, commercial, and/or industrial uses are planned and developed as a whole according to comprehensive and detailed plans.
PRINCIPLE BUILDING. The building in which the principle use of the lot is conducted.
PUBLIC RIGHT-OF-WAY. A general term denoting land, property, or interest therein, usually in a strip, acquired for, or devoted to a transportation or transmissions facility.
RECREATIONAL VEHICLE. A vehicle primarily designed as temporary living quarters for recreation, camping or travel, either with its own motor power or mounted on or towed by another powered vehicle.
RECREATIONAL VEHICLE PARK. An area of land used for the parking of two or more recreational vehicles.
RESTAURANT. A business in which its primary function is the preparation and serving of food on its own premises.
SIDEWALK. The portion of the road right-of-way which is improved for the use of pedestrian traffic.
SIGN. An identification, description, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, or land and which directs attention to a product, place, activity, service, person, institution, or business.
SIGN, ADVERTISING. A sign, including billboards, which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where the sign is located or to which it is affixed.
SIGN, GROSS AREA OF. The entire area of a sign within its single continuous perimeter. The perimeter shall not include any structural elements lying outside the limits of the sign.
SUBDIVISION. The division of land into smaller lots for the purpose of building homes or reselling to prospective individual land owners.
VARIANCE. A change in the usual interpretation or enforcement of the master plan, as granted to a specific case, because of special conditions or unnecessary hardship. The case must be taken to the Board of Zoning Appeals.
YARD. An open space on a lot, other than a court, unoccupied and unobstructed from the ground upward, except as otherwise provided in this master plan.
(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003; BC Res. 2007-28, passed 7-17-2007)