For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural the singular; and the word SHALL is mandatory and not permissive.
ACCESSORY USE. A use customarily incidental and subordinate to the principal use and located in the same lot as the principal use.
AGRICULTURE. Any use of land or structures for farming, dairying, pasturage, agriculture, horticulture, floriculture, arboriculture or animal or poultry husbandry. Accessory uses permitted in conjunction with an agricultural use may include barns, stables, com cribs, silos and any other use or structure that is clearly a part of an agricultural operation.
AREA. The AREA of a lot or site shall be calculated from dimensions derived by horizontal projection of the site.
BASEMENT. A story having more than 50% of its clear height below finished grade.
BILLBOARD. A billboard or other sign with a commercial message related to goods, services or other commercial transactions not offered on the premises on which the sign is located.
CABARET OR THEATER, SEXUALLY ORIENTED. A building or portion of a building which provides or allows the provision of sexually oriented entertainment to its customers or which holds itself out to the public as an establishment where sexually oriented entertainment is available. Signs, advertisements or an establishment name including verbal or pictorial allusions to sexual stimulation or gratification or by references to adult entertainment, strippers, showgirls, exotic dancers, gentleman’s club, XXX or similar terms, shall be considered evidence that an establishment holds itself out to the public as an establishment where sexually oriented entertainment is available.
CAMPGROUND. Any area or tract of land used or designed for occupancy by tents, motor homes, travel trailers, truck campers, campers or any similar device, or any dwelling not suitable for year-round human occupancy. A CAMPGROUND shall consist of two or more units.
CLINIC. Any establishment where human patients are examined and treated by doctors or dentists but not hospitalized overnight.
CLUB (PRIVATE). An establishment operated for social, recreational or educational purposes, but open only to members and not the general public. This includes, but is not limited to, resorts, fishing clubs, gun clubs, athletic clubs, sportsmen clubs or entities of a like nature.
COMMERCIAL MESSAGE. A sign, wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
COUNTY. Perry County, Indiana.
COVERAGE. The percentage of the lot area covered by principal and accessory use structures.
DWELLING UNIT. Any structure or part of a structure designed or used as the living quarters for one family having a minimum gross public floor area of 800 square feet. The Zoning Administrator may issue a permit for a structure used as living quarters for one family having a minimum gross public floor area of 480 square feet including porches or decks covered by a roof, if it is demonstrated to the satisfaction of the Zoning Administrator that the dwelling will be used only for seasonal and recreational purposes. A mobile home shall have a minimum gross public floor area of 500 square feet.
ENTERTAINMENT, SEXUALLY ORIENTED. Any of the following activities, when performed by a sexually oriented entertainer at a sexually oriented business that is required to be licensed: dancing, singing, talking, modeling (including lingerie or photographic), gymnastics, acting, other forms of performing or individual conversations with customers for which some type of remuneration is received.
ERECTED. Includes the placement, building, construction, reconstruction or other action involved in creating a new sign at a particular location or in replacing a sign. It does not include a mere changing of the face of an existing sign where there is no change in the surface area or height of the sign.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants, street signs and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
ESTABLISHMENT. A premises used as a place of business and the business that operates there, regardless of how it is denominated. An ESTABLISHMENT may be operated by any person or group of persons and may be a sole proprietorship, a partnership, a limited liability corporation, a corporation, or some combination thereof. The intent of this definition is to include any place of business operating in the county.
FAMILY. One or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house or lodging house, club, fraternity or hotel.
FLOOR AREA, GROSS PUBLIC. 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 other areas, restrooms (whether or not labeled public), areas used for cabaret or similar shows (including stage areas), plus aisles, hallways and entryways serving those areas.
FREQUENTLY. Two or more times per month.
HEAVY AND SPECIAL INDUSTRIAL. Heavy and special industrial uses are ones which require both buildings and open areas for manufacturing, fabricating, processing, extraction, heavy repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or wastes.
HOME OCCUPATION. An occupation carried on in a dwelling which is clearly incidental and secondary to the use of the building for dwelling purposes, and which does not change the character thereof.
LEGIBLE. As related to regulations of signs, means that a message can be comprehended by a person with eyesight adequate to obtain a current state driver’s license standing in the public way or other location from which LEGIBILITY is to be determined. Where these facts are material, it shall be presumed that the observation takes place in daylight hours, and that the person making the observation is standing and is between five feet two inches and six feet tall.
LIGHT INDUSTRIAL. A light industrial use is one which ordinarily uses only light machinery, is conducted entirely within enclosed substantially constructed buildings, does not use the open area around the buildings for storage of raw materials or manufactured products or for any other industrial purpose, other than loading and unloading operations.
LOT. A parcel of land occupied or capable of being occupied by one or more structures.
LOT, MINIMUM AREA OF. The horizontally projected area of a lot computed exclusive of any thoroughfares.
LOT OF RECORD. Any lot which individually or as part of a subdivision, has been recorded in the office of Recorder of Deeds of the county.
LOT, WIDTH OF. The mean width measured at right angles to its depth.
MASSAGE. Touching, stroking, kneading, stretching, friction, percussion and vibration, and includes holding, positioning, causing movement of the soft tissues and applying manual touch and pressure to the body (excluding an osseous tissue manipulation or adjustment).
MASSAGE PARLOR. Any business offering massages that is operated by a person who is not a state licensed massage therapist or that provides massages by persons who are not massage therapists certified by the American Massage Therapy Association or the Bodywork and Massage Associated Professionals.
MASSAGE THERAPIST. A person certified as a massage therapist by the American Massage Therapy Association or the Bodywork and Massage Associated Professionals.
MASSAGE THERAPY. The profession in which a certified massage therapist applies massage techniques with the intent of positively affecting the health and well being of the client.
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, DVDs, other magnetic media and undeveloped pictures.
MEDIA, SEXUALLY ORIENTED. Magazines, books, videotapes, movies, slides, CDs, DVDs or other devices used to record computer images or other media which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
MEDIA STORE WITH SEXUALLY ORIENTED MEDIA. A retail book, video or other media store that has sexually explicit media that constitutes more than 5% but not more than 30% of its inventory or that occupies more than 5% but not more than 30% of its gross public floor area.
MEDIA STORE, SEXUALLY ORIENTED. An establishment that rents and/or sells sexually oriented media, and that meets any of the following three tests:
(1) More than 30% of the gross public floor area is devoted to sexually oriented media;
(2) More than 30% of the stock in trade consists of sexually oriented media; or
(3) It advertises or holds itself out in any forum as a XXX, adult or sex business or otherwise as a sexually oriented business, other than sexually oriented media outlet, sexually oriented motion picture theater or sexually oriented cabaret.
MOBILE HOME. Any mobile vehicle used or designed to be used for living purposes; whether the wheels are attached or not.
MOTION PICTURE THEATER, SEXUALLY ORIENTED. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are frequently shown that are characterized by the depiction or description of specified sexual activities or specified anatomical areas or that are marketed as or offered as adult, XXX or sexually oriented. Frequently shown films, motion pictures, videocassettes, slides or other similar photographic reproductions as characterized herein do not include sexually oriented speech and expressions that take place inside the context of some larger form of expression.
MOTOR VEHICLE SALVAGE YARD. A place where inoperable motor vehicles, or parts thereof, are accumulated and are or may be salvaged for reuse or re-sale, or sold for parts or scrap metal.
NONCONFORMING STRUCTURES. A structure designed, converted or adapted for a use prior to the adoption of provisions prohibiting that use in that location.
NONCONFORMING USE. Any use or arrangement of land or structures legally existing at the time of enactment of this chapter or any of its amendments, which does not conform to the provisions of this chapter.
NUDITY or STATE OF NUDITY The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the areola or nipple, or the showing of the covered male genitals in a discernibly turgid state. See also SEMI-NUDE.
PERSON An individual, firm, partnership, joint-venture, association, independent contractor, corporation (domestic or foreign), limited liability company, trust, estate, assignee, receiver or any other group or combination acting as a unit.
PLANNED UNIT RESIDENTIAL PROJECT. Any scheme or plan whereby a single tract or parcel of land, or any part thereof, is divided, either simultaneously or in a series of separate transactions having a common scheme or plan, into two or more lots, tracts or parcels of land for the purpose, whether immediate or future, of the transfer of ownership for residential purposes, or for the construction of any structure thereon which may be used for human habitation, whether for year around use or recreational use. No lot in a planned unit residential project may be sold until the property meets all requirements which may be imposed by the Board of Zoning Appeals pursuant to § 153.053.
PREMISES. The physical location at which a business operates; as used in this chapter, the term shall include all parts of that physical location, both interior and exterior, which are under the control of the subject business, through ownership, lease or other arrangement.
RIGHT-OF-WAY. A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts and bridges.
SADOMASOCHISTIC PRACTICES. Flagellation or torture by or upon a person clothed or naked, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed or naked.
SALVAGE YARD (OTHER THAN MOTOR VEHICLE). A place where discarded property (but excluding motor vehicles or any part thereof) is accumulated and is or may be salvaged for reuse or re-sale or sold for scrap.
SEMI-NUDE or IN A SEMI-NUDE CONDITION. The showing of the female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit or other apparel; provided the areola is not exposed in whole or in part.
SEX SHOP. An establishment offering goods for sale or rent and that meets any of the following tests:
(1) It offers for sale items from any two of the following categories:
(a) Sexually oriented media;
(b) Lingerie;
(c) Leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; and/or
(d) The combination of those items constitute 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; or
(3) More than 5% of its gross public floor area is devoted to the display of sexually oriented toys or novelties.
SEXUALLY-EXPLICIT MATERIAL. Any pictorial or three-dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation of unclothed genitals, sadomasochistic abuse or emphasizing the depiction of post-pubertal human genitals; provided, however, that works of art or material of anthropological significance shall not be deemed to fall within the foregoing definition.
SEXUALLY ORIENTED BUSINESS.
(1) An inclusive term used to describe collectively the following businesses:
(a) Sexually oriented cabaret or theater;
(b) Sexually oriented entertainment;
(c) Sexually oriented motion picture theater;
(d) Sexually oriented motion picture arcade;
(e) Sexually oriented encounter center;
(f) Sexually oriented media store;
(g) Sexually oriented escort bureau;
(h) Bathhouse;
(i) Massage parlor;
(j) Sex shop;
(k) Sexually oriented modeling studio; or
(l) Any other business establishment whose primary purpose is to offer sexually oriented entertainment or materials.
(2) This collective term does not describe a specific land use and shall not be considered a single use category for purposes of the county or any applicable municipal zoning code or other applicable ordinances.
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.
SIGN. Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or marks or combinations thereof, by which anything is made known, such as the designation of an individual, a firm, an association, a profession, a business, a commodity or product which are visible from any public way and used as an outdoor display, including any base or supporting structure.
SIGN, CHANGEABLE COPY ELECTRONIC. A sign or portion of a sign designed so that the message or copy could be changed frequently and which contains a display of letters, characters, figures or illustrations that can be rearranged altered or manipulated without altering the face or surface of the sign by electrical, electromechanical, electronic or computerized process. This definition includes signs using LED or other video technology.
SIGN, CHANGEABLE COPY MANUAL. A sign such as a bulletin board, public announcement device or message center where letters, figures, numbers or combinations thereof which are not permanently affixed to the structure, framing or background and where the message is manually replaced or altered periodically.
SIGN, DETACHED. A sign which is supported by one or more poles, pylons, columns, platforms, uprights or braces in the ground and is not attached to a building or structure. Also known as a ground sign, pole sign or monument sign.
SIGN, DIMENSIONS.
(1) Height. The vertical distance from the finished grade at the base of the supporting structure to the top of the sign, or its frame or supporting structure, whichever is higher.
(2) Surface area. The entire area within a regular geometric form or combinations of regular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. Structural frames and members not bearing advertising matter shall not be included in computation of surface area.
SIGN, NONCONFORMING. A sign in existence on the date of adoption of this chapter and that is not in conformance with the requirements of this chapter.
SIGN, OFF-PREMISES. See BILLBOARD.
SIGN, PERMANENT. A sign permanently affixed to a building or the ground.
SIGN, PORTABLE. Any sign not permanently attached to the ground or other permanent structure or a sign designed to be transported, including, but not limited to:
(1) Signs designed to be transported by means of wheels;
(2) Signs made as A-frames or T-frames;
(3) Menu and sandwich board signs;
(4) Balloons used as signs;
(5) Umbrellas used for commercial messages; and
(6) Signs attached to or painted on vehicles parked and visible from the public right-of-way, unless the vehicle is used in the normal day-to-day operations of the business.
SIGN, TEMPORARY. Any sign that is used only for a short, specifically limited time and that is not permanently mounted.
SIGN, WALL. Any sign painted on or attached to and erected parallel to the face of, or erected and confined within the limits of, the outside wall of any building and supported by the wall or building and which displays only one advertising surface.
SIGN, WINDOW. Any sign placed inside or upon a window facing the outside and which is legible from the exterior.
SOLID MUNICIPAL WASTE TRANSFER STATION. A place for the loading, unloading and transfer from one mode of transportation to another mode of transportation, trash and other wastes of a type generated by households and small businesses, including those collected by any municipality or any contractor performing a service similar to municipal waste collection. Further provided that the facility shall meet all requirements imposed by local state and federal regulatory agencies.
SPECIFIED ANATOMICAL AREAS. Parts of the human body, including:
(1) Less than completely and opaquely covered human genitals, pubic region or the areola or nipple of the female breast;
(2) Human male genitals in a discemibly turgid state, even if completely and opaquely covered; and
(3) Areas of the human anatomy included in the definitions of nudity or state of nudity.
SPECIFIED SEXUAL ACTIVITIES. Acts of human masturbation, sexual intercourse or sodomy. These activities include, but are not limited to the following: bestiality, erotic or sexual stimulation with objects or mechanical devices, acts of human analingus, cunnilingus, fellatio, flagellation, masturbation, sadism, sadomasochism, sexual intercourse, sodomy or any excretory functions as part of or in connection with any of the activities set forth above with any person on the premises. This definition shall include apparent sexual stimulation of another person’s genitals whether clothed or unclothed.
STRUCTURE. Anything constructed or erected, the use of which requires a fixed location on the ground, including buildings, billboards, carports, porches and other building features but not including sidewalks, drives, fences and patios.
SUPPLY YARDS. A commercial establishment storing or offering for the sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods. SUPPLY YARDS do not include the wrecking, salvaging, dismantling or storage of automobiles and similar vehicles.
(Ord. O-C-97-10, passed 12-22-1997; Ord. O-C-07-6, passed 10-9-2007)