For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. Whenever any words and phrases are not defined within this section but are defined in I.C. 36-7-4 et seq. and in any acts supplemental or amendatory thereto, the state statutory definition shall be deemed to apply. Any words not defined in this section or in I.C. 36-7-4 et seq. shall be construed in their generally accepted meanings as defined in a recent edition of a dictionary of the English Language. The masculine shall include the feminine. The present tense shall include the past and future tense. The singular number shall include the plural and the plural shall include the singular. The word “shall” is a mandatory requirement; the word “may” is a permissive requirement; and the word “should” is a preferred requirement.
ACCESSORY BUILDING AND USE.
(1) A building or use which:
(a) Is enclosed with four walls that supports a roof system with a height greater than 42" from grade level;
(b) Is clearly incidental to and customarily found in connection with a principal building or use;
(c) Is subordinate to and serves a principal building or a principal use;
(d) Is subordinate in area, extent or purpose to the principal building or principal use served;
(e) Contribute to the comfort, convenience or necessity of occupants, business or industry in the principal building or principal use served; and,
(f) Is located on the same lot as the principal building or use served;
(2) Where an accessory building is attached to a principal building by means of a wall or roof assembly, such accessory building shall be considered a part of the principal building.
ACCESSORY STRUCTURE AND USE. A structure or use which:
(1) Maintains a total height of less than 42" above grade level;
(2) Is clearly incidental to and customarily found in connection with a principal building and use;
(3) Is subordinate to and served a principal building or principal use;
(4) Is subordinate in area, extent or purpose to the principal building or use served;
(5) Contribute to the comfort, convenience or necessity, of occupants, business or industry in the principal building or principal use served; and,
(6) Is located on the same lot as the principal building or use served.
AGRICULTURAL LAND USE. The use of land for the production of animal or plant life, including pasturing or livestock, and planting, growing, cultivating, and harvesting crops for human or livestock consumption.
ALTERATION. As applied to a building or structure, means any change or rearrangement in the structural parts or in the exit facilities; or an enlargement, whether by extending outward from a side or sides, or by increasing in height; or the moving from on location or position to another.
APARTMENT. A building or portion thereof arranged, intended or designed to be occupied by three or more families living independently of each other.
AUTOMOBILE WASHING. An activity conducted for the purpose of cleaning automobiles, whether performed automatically, semiautomatically, or manually.
AUTOMOBILE, TRAVEL TRAILER, OR MOBILE HOME SALES. An open area other than a street used for the display, sale, or rental of new or use automobiles, travel trailers, or mobile homes. No repair work is done, except minor incidental repair of automobiles, travel trailers, or mobile homes to be displayed or sold on the premises.
AUTOMOBILE REPAIR. The repair, rebuilding, or reconditioning of motor vehicles or parts thereof, including collision service, painting, and steam cleaning of vehicles.
BASEMENT. That portion of a building or structure that is constructed either partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story when more than one-half of its height is above the average level of the adjoining ground.
BILLBOARD. Any off-premises sign on a permanent structure on which the copy is periodically changed and which is not located on the premises to which such advertising copy pertains.
BOARD. The Board of Zoning Appeals of Prince's Lakes, Indiana.
BOARDING HOUSE. Any owner occupied dwelling in which the owner rents up to three separate guest quarters that may not, necessarily, be complete dwelling units, but does not rent to any one boarder or group of boarders the entire dwelling.
BUILDING. Any structure designed or intended for the support, enclosure, shelter or protection of person, animals, chattels or property of any kind.
BUILDING, ACCESSORY. See “Accessory Building and Use.”
BUILDING HEIGHT. The vertical distance measured from the average level of the proposed or existing finished surface of ground adjacent to the exterior walls of the building to the highest point of the building.
BUILDING INSPECTOR. The term shall be synonymous with the term Zoning Administrator, and shall refer to the person delegated the primary responsibility of issuing improvement location permits (building permits), conducting relate inspections and issuing certificates of occupancy.
BUILDING PERMIT (IMPROVEMENT LOCATION PERMIT). A certificate issued by the Building Inspector permitting a person to erect, construct, enlarge, alter, repair, more, improve, remove, convert, or demolish any building or structure within the locality, or cause the same to be done.
BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which the building is situated.
BUILDING, FRONT LINE OF. A line extending across that portion or face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed but does not include steps. If no building exists, the depth of the required front yard shall determine the front line of building.
BUILDING, SETBACK LINE. The line, established by this chapter, beyond which a building shall not extend unless varied according to the procedures in this chapter. Also called a building line. Setback lines may be applicable to the front, side, and/or rear yard.
BUSINESS, GENERAL. Commercial uses which generally require locations on or near major arterial and/or their intersections, and which serve the daily needs of the neighborhood and also supply the more durable and permanent needs of the community.
BUSINESS, PROFESSIONAL, RETAIL OFFICE. Quasi-commercial uses which may often be transitional between retail business and/or manufacturing and residential uses. Office business generally accommodates such occupations as administrative, executive, professional, accounting, clerical, and drafting.
BUSINESS SERVICES. Any profit making activity which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in businesses and homes.
CEMETERY. Land used for the burial of the dead and dedicated for other cemetery purposes, including columbaria, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.
CERTIFICATE OF OCCUPANCY. A certificate issued by the Building Inspector stating that the actions approved in the building permit (improvement location permit) have been completed satisfactorily and that the occupancy and use of land or building referred to therein complies with the provisions of this chapter.
CHILD CARE CENTER. Any place, home or institution which receives four or more children under the age of 16 years, and not of common parentage, for care apart from their natural parents, legal guardians, or custodians, for regular periods of time and for compensation.
CLINIC. An establishment where patients who are not lodged overnight are admitted for examination and treated by physicians.
CLUB. A building or portion thereof or premises owned or operated by a corporation, association, person, or persons, for a social, educational, or recreational purpose, but not primarily for a profit or to render a service which is customarily carried on as a business.
COMMERCIAL ENTERTAINMENT FACILITIES. Any activity conduct for economic gain which is generally related to the entertainment field, such as motion picture theater, carnivals, night clubs, and
a similar entertainment activities.
COMMERCIAL RECREATIONAL FACILITIES. Any activity conducted for economic gain which is generally related to the recreational field, such as bowling alleys, roller skating rinks, miniature golf, golf driving ranges, and so on.
COMMISSION. The Plan Commission of Prince's Lakes, Indiana.
COMPREHENSIVE PLAN. A plan, or portion thereof, adopted by the Plan Commission and the governing body of the town showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, parks, schools, transportation corridors, and other community facilities.
CONTIGUOUS. Lands which have a boundary line or a portion of a boundary line in common or touching.
CORNER. The point of intersection of any public road or easements which have been dedicated and accepted by a unit of government.
COVENANT. A private legal restriction on the use of land contained in the deed to the property. Normally applied to all lots in a subdivision.
COVERAGE. The lot area covered by all buildings located upon it, including the area covered by all overhanging roofs.
CUL-DE-SAC. A minor street having only one means of ingress and egress and terminating in a tree or turn around.
DAY CARE CENTER AND OTHER PRESCHOOL FACILITIES. A facility operated on a regular basis providing daytime care or instruction for four or more children under seven years of age, who are
not related to the operator.
DENSITY. A unit of measurement; the number of dwelling units per acre of land.
DENSITY, GROSS. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding public right-of-way and other public land.
DENSITY, NET. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding public right-of-way and other public land.
DEVELOPMENT PLAN. A drawing, including a legal or site description, of the real estate, which shows the location and size of all existing and proposed lots, buildings, structures, and yards; location and dimension of all building lines and easements; widths and lengths of all entrances and exits to and from the real estate; location of all adjacent or adjoining streets; all of which presents a unified arrangement of streets, lots, buildings, and public parking areas, all of which shall have a functional relationship to all real estate comprising the planned development and to the uses of properties immediately adjacent thereto.
DISTRICT. A part of the town wherein the restrictions of this chapter are uniform.
DRIVEWAY. A public or private access which provides ingress or egress to a property.
DWELLING. Any building or portion thereof which is designed for residential purposes.
DWELLING, MULTIPLE FAMILY. A residential building occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING, SINGLE FAMILY. A detached residential dwelling unit other than a mobile home, occupied by only one family.
DWELLING, TWO FAMILY. A detached residential building containing two dwelling units, designed for occupancy by two families with each unit having a separate entrance.
DWELLING UNIT. One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling unity which may be in the same structure, and containing independent cooking and sleeping facilities.
EASEMENT. An authorization or grant by a property owner to a specific person or to the public to use land for specific purpose. The title to the land shall remain in the name of the property owner and shall be subject to the right of use designated in the easement.
EROSION. The detachment and movement of soil sediment, or rock fragments by water, wind, ice, or gravity.
EROSION CONTROL MEASURE. A practice or a combination of practices to control erosion and resulting sedimentation.
EROSION CONTROL PLAN. A written description of pertinent information concerning erosion control measures designed to meet the requirements of this chapter as submitted by the applicant for the review and approval by the Building Inspector.
FAMILY. One or more persons occupying a single dwelling unit, provided that unless all members are related by blood, marriage, or adoption, no such family shall contain over five persons.
FENCE. A structure, including entrance and exit gates, designed and constructed for enclosure or screening.
FILLING STATION. Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel at retail for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning, or otherwise cleaning or servicing such motor vehicles.
FLOOD (OR FLOODWATER). The temporary inundation of land adjacent to and inundated by overflow from a river, stream, lake or other body of water. I.C. 14-28-1 as amended by Public Law 123, Acts of 1973, defines flood as “the water of any river or stream in the state of Indiana, which is above and outside the banks thereof.” See I.C. 14-28-1 for additional definitions.
FLOOD CONTROL. The prevention of floods, the control, regulation, diversion or confinement of flood water or flood flow, and the protection therefrom, according to sound and accepted engineering practice, to minimize the extent of floods, and the death, damage and destruction caused thereby, and all things incidental thereto or connected with.
FLOOD HAZARD AREA. A floodplain, or portion thereof, which has not been adequately protected from floodwater by means of dikes, levees, reservoirs, or other works approved by the Indiana Natural Resources Commission.
FLOODPLAIN. The relatively flat or low land adjoining the channel of a river or stream which has been or may be covered by flood water. The floodplain includes the channel, floodway and floodway fringe.
FLOODWAY. The channel of a river or stream and those portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge the flood water or flood flow of any river or stream.
FLOODWAY FRINGE. Those portions of the flood hazard areas lying outside the floodway.
FLOOR AREA, GROSS. The sum in square feet of the floor areas of all roofed portions of a building as measured from the interior walls. It includes the total of all space on all floors of a building. It also includes porches, attached garages, or space in a basement which is used for storage or other such incidental uses. The gross floor area is generally applied in residential use for determining minimum ground level floor area.
FLOOR AREA, NET. The floor area of the specified use excluding stairs, washrooms, elevator shafts, storage spaces, display windows and so on. The net area is used in calculating parking requirements.
FLOOR AREA, USABLE LIVING. The usable floor area is determined by subtracting from the gross floor area such areas as attached garages, unfinished basements or rooms, closets, stairways, etc. Usable living floor area is generally applied in residential use for determining minimum dwelling size for a given residential zoning district.
FLOOR AREA RATIO. The gross floor area of the building divided by the area of the lot(s) on which the building is located.
FRONTAGE. All the property on one side of a street between two intersecting streets, measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.
GARAGE, PRIVATE. An accessory building designed or used for the storage of motor vehicles owned and used by the occupants of the building to which the garage is an accessory.
GARAGE, PUBLIC. Any garage other than a private garage, available to the public, operated for gain and which is used of storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
GRADE, FINISHED. The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
GROUND FLOOR AREA. The square foot area of a residential building within its largest outside dimensions computed on a horizontal plane at the first floor level, exclusive of open porches, breezeways, terraces, garages, exterior stairways and secondary stairways.
HOME OCCUPATION. An occupation or profession for gain or support conducted only by members of a family residing on the premises, and conducted entirely within the principal building, provided that no article is sold or offered for sale. Said occupation shall be customary and traditional, incidental to the primary use of the premises as a residence, and not construed as a business, and be of a personal services or professional service nature. There shall be no outside storage or display. See § 152.056 for operating rules and regulations for home occupations and Schedule of Uses section for permitted uses.
HOTEL. A non-residential building designed and constructed with separate guests quarters, or suites, that include, private bathroom facilities, and that are accessed from a common, interior lobby and common interior hallways, and offered to the general public for overnight accommodation.
IMPROVEMENT LOCATION PERMIT (BUILDING PERMIT). A certificate issued by the Building Inspector permitting a person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure within the locality, or cause the same to be done.
JUNKYARD, INCLUDING AUTOMOBILE WRECKING. Any place at which personal property may be salvaged for reuse, resale, or reduction or similar disposition.
KENNEL. Any lot or premises on which three or more dogs (except litters of animals not more than six months of age) are kept, raised, bred, cared for, or boarded for commercial or non-commercial purposes.
LAND DISTURBING ACTIVITY. Any man-made change of the land surface including removing vegetative cover, excavating, filling, transporting, and grading. In the context of this chapter, it includes only non-agricultural land disturbing activities on sites which also require a local improvement location permit or an approved subdivision plat.
LONG TERM RENTAL. Means: 1) an entire dwelling; or 2) one or more dwelling units, located in the same dwelling, offered to the public for rental for 30 consecutive days or more.
LOT. A lot is a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:
(1) A single lot of record;
(2) A portion of a lot of record;
(3) A combination of complete lots of record, or of complete lots of record and portions of lots of records, or of portions of lots of record.
(4) A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.
LOT AREA. The area of any lot exclusive of street, highway, alley, road, or other, rights-of-way. Easements are considered to be part of the LOT AREA.
LOT, CORNER. A parcel of land at the junction of and bounded by two or more intersecting streets.
LOT COVERAGE. The ratio of ground floor area of all buildings on a lot to the horizontally projected area of the lot. See “Floor Area Ratio.”
LOT FRONTAGE. The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under “Yards” in this section.
LOT LINE, FRONT. On an interior lot, the line separating the lot from the street. On a corner or through a lot, the line separating the lot from either street.
LOT LINE, LEUCOCYTE. A line separating the lot from a lake.
LOT LINE, REAR. The lot line opposite the front lot line. On a lot pointed at the rear, the rear line shall be an imaginary line between the side lot lines parallel to the front lot line, not less than ten feet long, lying farthest from the front lot line. On a corner lot, the rear lot line shall be opposite the side of the house containing the main entrance to the structure. If a corner lot contains multiple family dwelling units having entrances on each of the intersecting streets, the rear lot line shall be the interior lot line with the larger dimension.
LOT LINE, SIDE. Any lot line other than a front line or rear line.
LOT, MEASUREMENT OF. A lot shall be measured as follows:
(1) Depth. The horizontal distance between the mid-points of straight lines connecting the foremost point of the side lot lines in front and the rearmost points of the side lot lines in the rear.
(2) Width. The horizontal distance between the side lot lines, measured at the building setback line.
LOT OF RECORD. A lot which is part of a subdivision or a lot or a parcel described by metes and bounds, the descriptions of which have been recorded in the office of the County Recorder.
LOT TYPES. Terminology used in this chapter with reference to different types of lots is as follows:
(1) CORNER LOT. A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if tangent projections of the front lot lines drawn perpendicular at the side lot lines meet at an interior angle of less than 135 degrees in front of the lot.
(2) INTERIOR LOT. A lot with only one frontage on a street.
(3) THROUGH LOT. 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.
(4) REVERSE FRONTAGE LOT. A lot on which frontage is at right angles to the general pattern in a tile area. A reversed frontage lot may also be a corner lot.
MANUFACTURED HOME. A dwelling unit fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the Federal Manufacturing Housing Construction and Safety Standards Code or Indiana Public Law 360, Act of 1971, as promulgated by the Indiana Administrative Building Council.
MANUFACTURED HOME, TYPE II. Shall:
(1) Have more than 950 square feet of occupied space in a double-section or larger multi-section unit;
(2) Be placed on a permanent foundation;
(3) Utilize a permanent perimeter enclosure in accordance with approved Installation Standards, as specified in the ANTI/NFPA 501 A Standard For Installation of (Manufactured) Mobile Homes;
(4) Be anchored to the ground, in accordance with the One and Two Family Dwelling Code and to the manufacturer's specifications;
(5) Have wheels, axles and hitch mechanisms removed;
(6) Have utilities connected in accordance with the One and Two Family Dwelling Code and the manufacturer's specifications;
(7) Have siding material of a type customarily used on site constructed residences; and,
(8) Have roofing material of a type customarily used on site constructed residences.
MANUFACTURED HOME, TYPE II. Shall:
(1) Have more than 320 square feet of occupied space in a single, double, expando, or multi-section unit (including those with add-a-room units);
(2) Be placed on a permanent foundation;
(3) Be enclosed with foundation siding or skirting;
(4) Be anchored to the ground in accordance with manufacturer's specifications or the ANTI/NFPA 501 A Installation Standards;
(5) Have utilities connected in accordance with the manufacturer's specifications or the ANTI/NFPA 501 A Installation Standards;
(6) Have siding material of a type customarily used in on site constructed residences; and,
(7) Have roofing material of a type customarily used in on site constructed residences.
MOTEL. A non-residential building, or several buildings, on the same property, designed and constructed with separate guests quarters, or suites, that include private bathroom facilities, and that are accessed separately, directly from the outdoors, not from a common lobby and common hallways, and offered to the general public for overnight accommodation.
MOTOR HOME. A self-propelled vehicle containing living accommodations, used for recreational purposes.
NON-AGRICULTURAL LAND USE. The commercial use of land for the manufacturing and wholesale or retail sale of goods or services, residential or institutional use of land intended primarily to shelter people, highway use of land including lands, alleys and streets, and other land uses not included under agricultural land use as defined in this chapter.
NONCONFORMING USE. A building, structure, or use of land existing at the time of enactment of this chapter, which does not conform to the regulations of the district in which it is situated.
OCCUPIED SPACE. The total area of earth horizontally covered by the structure, excluding accessory structures, such as, but not limited to, garages, patios and porches.
OPEN SPACE. A public or private outdoor area expressly set aside for the use and benefit of many unrelated people. The area may include along with natural environmental features, swimming pools, tennis courts, and other outdoor recreational facilities that the Plan Commission deems permissive. Streets, parking areas, structures for habitation and the like shall not be included in the open space area calculation.
ORDINANCE. Any legislative action, however denominated, of local government which has the force of law, including the amendment or repeal of any ordinance.
PARKING LOT, OFF STREET. An area which is adequate for parking sufficient automobiles to meet the optimum need of each appropriate land use, together with properly related access to a public street or alley and maneuvering room, and located totally off of a public right-of-way. Required, off-street parking areas for three or more automobiles shall have individual spaces marked. As a rule of thumb, the area provided for an off-street parking lot should be at least one and one half times the space required for the number of parking space anticipated.
PARKING SPACE OR STALL. The area required for parking one automobile, with its attendant maneuvering room. The area required for a parked car should be ten feet wide and 22 feet long; however, parking spaces which are designed for the exclusive use of compact or subcompact cars, the space may be designed appropriately smaller.
PERSON. Includes an individual, firm, association, organization, partnership, trust, company, corporation, or any other legal entity.
PERSONAL SERVICES. Any enterprise conducted for profit which primarily offers services to the general public, such as barber shops, beauty parlors, day care centers, and so on.
PREMISES. One or more lots which are in the same ownership and are contiguous, or separated only be a right-of-way or water body, including all buildings, structures, and improvements.
PRINCIPAL USES. The primary use to which the premises are devoted, and the main purpose for which the premises exists.
PROFESSIONAL ACTIVITIES. The use of offices and related spaces for such professional services as provided by health practitioners, lawyer, architects, engineers, and similar professions.
PROHIBITED USE. A use indicated as prohibited for a certain district in the Schedule of Uses shall not be allowed to locate in the district except as specified under non-conformities. A “use” variance cannot be used to legalize the conversion to or erection of a prohibited use.
PUBLIC UTILITY. Any person, firm, or corporation duly authorized to furnish electricity, gas, steam, telephone, telegraph, water, or sewage systems to the public under public regulation.
RECORDING SECRETARY. For the purposes of this chapter the Recording Secretary shall be the person employed and delegated the responsibility of recording and writing minutes and transcripts of the proceedings of the Plan Commission and/or Board of Zoning Appeals.
RECREATIONAL VEHICLE. A vehicle primarily designed as temporary living quarters for recreation, camping or travel, either with its own motor power or mounted on or towed by another powered vehicle.
REPLACEMENT COST. The sum of money which could be required to reerect a structure identical to the one in question.
RESIDENTIAL. Of or relating to residences, where persons live or reside, privately, on a sustained or permanent basis.
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.
RUNOFF. The portion of precipitation from such sources as rainfall, snow melt or irrigation water that flows over the ground surface.
SCREENING. A structure erected or vegetation planted which eventually is of sufficient height and density for concealing an area from view.
SEAT. For purpose of determining the number of off-street parking spaces for certain use, the number of seating units installed or indicated or each 24 lineal inches of benches, pews, or space for loose chairs.
SETBACK. A required open area unoccupied and unobstructed by any structure, or any projection except as specifically provided for in this chapter.
SETBACK, FRONT. A setback extending across the front of a lot, being the required minimum horizontal distance between the front line and front of the buildings.
SETBACK LINE. A line established by this chapter, generally parallel with and measured from the lot line (property line), defining the limits of a yard in which no building, other than a permitted accessory building or structure may be located above ground, except as may be provided in this chapter.
SETBACK, REAR. A setback extending across the rear of a lot, being the required minimum horizontal distance between the rear property line and the rear of the building.
SETBACK, SIDE. A setback between any structure and the side lot extending from the required front setback to the required rear setback and being the minimum horizontal distance between a side lot line and the rear of the building.
SHORT TERM RENTAL. Means: 1) an entire dwelling; or 2) one or more dwelling units, located in the same dwelling, offered to the public for rental for less than 30 consecutive days.
SIDEWALK. That 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 regulations are set out in § 152.061 of this chapter.
SITE. The entire area included in the legal description of the land on which land disturbing activity has been proposed in the permit application process of §§ 152.100 through 152.107 of this chapter.
SPECIAL EXCEPTIONS. A use that is not listed as a permitted use in the particular district under this chapter but which may be compatible with such permitted uses and may promote the realization of the purposes of the chapter if such special exception uses are restricted as to number and location in the district and to such other conditions as may be required by the Board of Zoning Appeals. Special exceptions permitted in each district are listed in the official schedule of uses.
STATE. The State of Indiana.
STREET. A dedicated public right-of-way, other than an alley, intended for vehicular traffic, including collector streets, local streets, cul-de-sacs, roads, lanes, and other public ways, further defined as follows:
(1) COLLECTOR STREETS. Streets designed, planned, and intended to carry intermediate traffic volumes within residential area and from minor streets to secondary, primary and arterial streets.
(2) LOCAL STREETS. Streets designed, planned, and intended to carry intermediate traffic volumes within residential areas to secondary, major, and arterial streets.
(3) CUL-DE-SACS. Short streets having one end open to traffic, the other end being permanently terminated by a vehicular turnaround.
STORY. The part of a building between the surface of a floor and the ceiling immediately above; or if there is a floor above, the portion of a building between the surface of any floor and the surface of the floor next above.
STRUCTURE. Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences, decks, and signs.
SUBDIVISION. The division of any parcel of land shown as a unit, as part of a unit or as contiguous units, on the last preceding transfer of ownership thereof, into two or more parcels or lots, for the purpose, whether immediate or future, of transfer of ownership thereof, into two or more parcels or lots, for the purpose, whether immediate or future, of transfer of ownership or building development, provided however, that the division of land into parcels of more than three acres, not involving any new streets or easements of access, and the transfer or exchange of parcels between adjoining land owners, if such transfer or exchange does not create additional building lots, shall not constitute a subdivision for purposes of this chapter.
SUBDIVISION REGULATIONS. The applicable requirements, standards and specifications imposed by the subdivision control ordinance as enacted by the governing body of the town.
SWIMMING POOL. A pool, pond, lake, or open tank containing at least 18 inches of water at any point and maintained by the owner or manager.
SWIMMING POOL, PRIVATE. A swimming pool used exclusively without paying an additional charge for admission, by the residents and guests of a single household, a multiple family development, a community, the members and guests of a club, or the patrons of a motel or a hotel; an accessory use.
TEMPORARY PERMITS. The Plan Commission may authorize by written permit in any zoning district for a period of not more than one year from the date of such permit, a temporary building which is incidental and necessary for the sale, rental, lease construction or reconstruction of real property on premises in the zoning districts, or as otherwise provided in § 152.139 of this chapter.
THOROUGHFARE PLAN. The portion of the comprehensive plan indicating the general location recommended for arterial, collector, and local streets and roads within the appropriate jurisdiction.
TOWN COUNCIL. The Town Council of Prince's Lakes, Indiana.
TRAVEL TRAILER. A vehicle or other portable structure less than 35 feet in length designed to move on the highway, not under its own power, and designed as a recreational dwelling.
USE. The specific purposes for which land or a building is designated, arranged, intended, or for which it is occupied or maintained.
USED OR OCCUPIED. Include the words “intended, arranged, or designed to be used or occupied.”
VARIANCE. A modification of the strict terms of the relevant regulations of this chapter where such modifications will not be contrary to the public interest, and where, owing to conditions peculiar to property and not the result of the action of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
WALKWAY. A public way, four or more feet in width, for pedestrian use only, whether along the side of a street or not.
YARD. An open area on a lot other than a court, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.
YARD, FRONT. An open unoccupied area extending the full width of the lot and situated between the front lot line and the front line of the building projected to the side lines of the lot. Covered porches whether enclosed or unenclosed, shall be considered a part of the building and shall not project into a required front yard. On corner lots, the front yard shall be determined by the location of the main entrance of the structure.
YARD, LAKESIDE. An open, unoccupied space between the lakeside lot line and the building line (as defined in Table B) on the lakeside of a building or structure.
YARD, REAR. A yard extending the full width of the lot between a principal building and the rear lot line or lines.
YARD, SIDE. A yard between the principal building and side lot line, and extending from the front yard line of the building to the rear line of the building.
ZONING. A police power measure, enacted by the governing body of local governments, which the community is divided into districts or zones within which permitted and special uses are established as are regulations governing lot size, building bulk, placement, and other development standards. Requirements vary from district to district, but they must be uniform within districts.
ZONING BOARD. The Board of Zoning Appeals of the town.
(Ord. 172, §§ 2-100, 2-200, passed 4-5-90; Am. Ord. 400, passed 10-15-17)