For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A subordinate structure, the use of which is incidental to that of the dominant use of the primary building or land.
ACCESSORY DWELLING. A residential dwelling unit located on the same lot as a single-family dwelling unit. ACCESSORY DWELLING UNITS shall be developed in accordance with the standards set forth in Ord. 1999-4-5 (codified as Chapter 150 of this code of ordinances) and only in those zoning districts where the use is listed as a permitted use. The parcel shall be able to support a primary and backup septic system site for single-family dwelling unit and also a primary system site for accessory dwelling unit. The ACCESSORY DWELLING UNIT is to be a temporary use and reviewed by the Plan Commission on a yearly basis.
ACCESSORY USE. A subordinate use which is incidental to that of the primary use and is a use other than human occupancy.
AGRICULTURE. The use of land or structures for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, forestry, aquaculture, viticulture and commercial raising of livestock and related products; necessary accessory structures and uses such as tenant housing; and for the packing, treatment or storage of produce; provided that the operation of these accessory uses shall be secondary to that of the normal agricultural activities.
AIR POLLUTION. The presence in the outdoor atmosphere of one or more air contaminants in quantities sufficient to be harmful to human, plant or animal life, or to property.
ALLEY. A public right-of-way (other than a street, road, crosswalk or easement) that provides secondary access to abutting property.
APPROVED. Acceptable to the appropriate authority by reason of investigation, accepted principles or tests by nationally recognized organizations.
ASSEMBLY FACILITY. A building or portion of a building in which facilities are provided for group civic, educational, political, professional, religious, cultural, or social functions. See also BANQUET HALL.
BANQUET HALL. An establishment which is rented by individuals or groups to accommodate private functions including, but not limited to, banquets, weddings, anniversaries and other similar celebrations. Such a use may or may not include:
(1) Kitchen facilities for the preparation or catering of food;
(2) The sale of alcoholic beverages, pursuant to all regulations by the State of Indiana, for on-premise consumption, only during scheduled events and not open to the general public;
(3) Outdoor gardens or reception facilities; and
(4) Overnight accommodations for attendees subject to local ordinances and regulations by the State of Indiana. See also ASSEMBLY FACILITY.
BOARD. The Board of Zoning Appeals of Putnam County, Indiana.
BUILDING. A structure built for the support, enclosure, shelter or protection of persons, animals, chattels or movable property of any kind, and which is permanently affixed to the land.
BUILDING ADMINISTRATOR. The employee of the Plan Commission who issues permits, administers the daily office business of the Commission, and enforces the provisions of this chapter, all under the guidance, direction and control of the Commission.
BUILDING AREA. The horizontal projected area of the buildings on a lot, excluding open areas or terraces, unenclosed porches not more than one story high, and architectural features that project no more than two feet.
BUILDING FRONTAGE. The linear length of a building facing the right-of-way or the linear length of the right-of-way facing the building, whichever is smaller.
BUILDING LINE. The line that establishes the minimum permitted distance on a lot between the front line of a building and the street right-of-way line.
BUILDING PERMIT. See IMPROVEMENT LOCATION PERMIT.
BZA. The Board of Zoning Appeals.
CHILD CARE HOME. As defined by I.C. 12-7-2-33.7, as amended or replaced by the Indiana General Assembly. CLASS I CHILD CARE HOME and I.C. 12-7-2-33.8 (as amended or replaced by the Indiana General Assembly) CLASS II CHILD CARE HOME both apply to only a child care home that is used as the primary residence of the person who operates the child care home.
CLINIC. Any establishment where human patients are examined and treated by doctors or dentists, but not hospitalized overnight.
COMMISSION. The Putnam County Advisory Plan Commission.
CONDITIONAL USE PERMIT. A permit issued by the Zoning Inspector upon approval by the BZA to allow a use other than a principally permitted use to be established within a district.
CONFINED FEEDING. The confined feeding of animals for food, fur or pleasure, in lots, pens, ponds, sheds or buildings where all food is supplied by means other than grazing.
CONFINED FEEDING OPERATIONS.
(1) Any confined feeding of 300 or more cattle, 600 or more swine or sheep, and 30,000 or more fowl;
(2) Any animal feeding operation where the operator elects to come under the state law;
(3) Any animal feeding operation that violates I.C. 13-18-10; or
(4) As defined by the Indiana Department of Environmental Management (IDEM) latest revisions or amendments.
CONSERVATION SUBDIVISION. The grouping or concentration of dwellings/buildings on lots smaller then otherwise permitted in an existing zoning district in order to preserve quality land and/or open space without increasing the overall allowable density of a development, with the exception of bonus lots based on conservation areas.
CONSTRUCTION. Work done which is beyond the preparation stage and into that stage where the changes and additions are made permanent.
CONTRACTOR. A person or entity that agrees and becomes obligated to furnish materials or professional services for a price.
CONTRACTOR EQUIPMENT STORAGE YARD. For the storage of equipment, vehicles or other materials commonly used in the contractor’s type of business. Excludes private landowners and their personal equipment solely engaged in forestry or agricultural activities on their own personal property.
COUNTY COMMISSIONERS. The Putnam County Board of Commissioners.
DAY CARE FACILITIES. Any place, home or institution which receives children not of common parentage, for care apart from their natural parents, legal guardians or custodians for a substantial part of the day.
DEVELOPMENT. Any constructed change to improved or unimproved real estate, including, but not limited to, buildings, structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
DISTILLERY. A facility where distilled liquors or spirits are produced in accordance with and subject to state or federal regulations.
DWELLING. A permanent building or portion of (but not a mobile home), designed or used exclusively for residential occupancy, including single-family, two-family and multiple-family dwellings, but not including hotels, motels or lodging houses.
DWELLING, MULTIPLE-FAMILY. A dwelling or portion thereof containing three or more dwelling units, including condominiums.
DWELLING, TWO-FAMILY. A dwelling containing two dwelling units only.
DWELLING UNIT SINGLE-FAMILY. One or more rooms which are used as living quarters for one family.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities, municipalities or governmental agencies of underground or overhead gas, electrical, telephone, sewer, water transmission drains, sewers, pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants, street signs and other similar equipment and for the furnishing of adequate services for the public health, safety or general welfare, but not including buildings.
FAMILY. One or more persons, each related to the other by blood, marriage or adoption, or a group not all related, but maintaining a common household in a dwelling unit, but excluding groups occupying hotels, motels, clubs or dormitories.
FARM. An area used for agricultural operations, including truck gardening, forestry, the operating of a tree or plant nursery, or the production of livestock and poultry.
FLOOD or FLOODWATER. The water of any lake or watercourse which is above the banks and/or outside the channel and banks of the watercourse.
FLOOD HAZARD AREA. Any floodplain district, floodway district, floodway fringe district or any combination which is subject to inundation by the regulatory flood or any floodplain district delineated by Zone A on a flood hazard boundary map.
FLOODPLAIN. The area adjoining the river or stream which has been or may be covered by floodwaters.
FLOOD PROTECTION GRADE. The elevation of the lowest floor of a building, including the basement, which shall be two feet above the elevation of the regulatory flood.
FLOODWAY DISTRICT. The area designated as a “Commission floodway” by the Indiana Department of Natural Resources. (IDNR).
FLOODWAY FRINGE DISTRICT. That portion of the floodplain outside the floodway where development is allowed under certain restrictions.
FLOOR AREA OF A BUILDING. The sum of the gross horizontal areas of the floors of a building or portion of area devoted to a specific use, including accessory storage areas located within selling or working space such as counters, racks or closets; and any basement floor areas devoted retailing activities, the production or processing of goods, or to business or professional offices. This definition can be used for determining off-street parking and loading requirements.
FRONT YARD. A yard extending along the full length of the front lot line between side lot lines.
GRADE. The average level of the finished surface on the ground adjacent to the exterior walls of the building or structure.
HOME OCCUPATION. An occupation or activity conducted entirely within a dwelling by its occupants which is clearly incidental and secondary to the use of the building for dwelling purposes and does not occupy more than 25% of gross square footage.
IMPROVEMENT LOCATION PERMIT (ILP). A document issued under provisions of this chapter permitting a person, firm, government or corporation to erect, construct, enlarge, alter or convert, any building or structure within its jurisdiction, or cause the same to be done or to change the use or condition of the land. The following improvements are excepted from an ILP: fences, sidewalks, patios, decks, flagpoles, mail boxes, agricultural drives and lanes, gates, portable sheds, new roofs on existing buildings, landscaping, play or tree houses, or dog houses.
INDUSTRIAL ENVIRONMENTAL MANAGEMENT ACTIVITY. Those processes used to treat, store, recycle or dispose of industrial and hazardous wastes in a program subject to permitting by the Indiana Department of Environmental Management or the U.S. Environmental Protection Agency.
INDUSTRIAL, HEAVY. The manufacture, storage, extraction, processing, assemblage, fabrication, storage, disposal or repair of certain materials or products where no continuous process involved will produce noise, vibration, electrical disturbance, air or water pollution, heat, glare, waste matter, odor or fire hazard which will disturb or endanger any neighboring property and where all operations and storage are entirely within fenced areas.
INDUSTRIAL, LIGHT. The manufacture, storage, processing, assemblage, fabrication or repair of certain materials or products where all processes involved are clean, quiet and free of hazardous or objectionable elements, vibration, electrical disturbance, air or water pollution, heat, glare, waste matter, odor or fire hazard. All operations and storage occur entirely within enclosed buildings.
JUNK YARD. A place, usually outdoors, where waste or discarded used property other than organic matter, including, but not limited to, automobiles, farm implements and trucks, is accumulated and is or may be salvaged for reuse or resale; this shall not include any industrial scrap metal yard or normal farming activities.
KENNEL. An establishment licensed to operate a facility housing animals (such as dogs or cats) and where grooming, breeding, boarding, training or selling of animals is conducted as a business.
LOT. A tract or parcel of land of sufficient size to meet minimum zoning requirements for use and area. Such LOTS shall have 50-foot minimum frontage on public streets.
LOT, CORNER. A lot situated at the intersection of two or more streets.
LOT DEPTH. The mean horizontal distance between a front lot line and rear lot line, measured within the lot boundaries.
LOT OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded in the County Recorder’s office, or a parcel of land, the deed to which was recorded in the Recorder’s office prior to adoption of this chapter.
LOT, THROUGH. A lot having frontage on two non-intersecting streets (as distinguished from a corner lot). Both street lines shall be deemed front lot lines.
LOT WIDTH. The horizontal distance between side lot lines, measured at right angles to the lot depth at the established front building lines.
LOW IMPACT/PROPERTY OCCUPATION.
(1) An occupation which is conducted by the deed holder (legal owner) of the property.
(2) The occupation must conform to the following:
(a) Will be conducted entirely within the described legal description on the deed;
(b) Will be conducted entirely within a single enclosed, permanently attached to the ground, built on site structure (this does not mean fences, and absolutely no outside storage, and no manufactured type structures);
(c) The owner of the property (as listed on title) shall be the only employee of the associated activity;
(d) Signs shall comply with the current zoning of the property, (absolutely no directional lighted signs; flashing arrows);
(e) The structure shall not exceed 3,000 square feet; and
(f) The type of occupation does not include mini warehouse, and/or storage type structures for the purpose of rental storage.
MANUFACTURED HOME TYPE 1. A single-family dwelling unit designed and built in a factory, installed as a permanent residence, which bears a seal certifying that it was built in compliance with the Federal Manufacturing Housing Construction and Safety Standards Law (42 U.S.C. §§ 5401 et seq.), and which also complies with the following specifications:
(1) Shall have been constructed after January 1, 1981 and must exceed 950 square feet of occupied space per I.C. 36-7-4-1106(d);
(2) Is attached to a permanent foundation of masonry construction and has a permanent perimeter enclosure constructed in accordance with the One- and Two-Family Dwelling Code;
(3) Has wheels, axles and towing chassis removed;
(4) Has a pitched roof with a minimum rise of two to 12; and
(5) Consists of two or more sections which, when joined, have a minimum width of 23 feet.
MANUFACTURED HOME TYPE 2. A dwelling unit built in a factory and bearing a seal of compliance with Federal Manufacturing Housing Construction Safety Standards or I.C. 22-12-1-5, which shall have a minimum of 720 square feet and is installed and anchored according to manufacturer’s specifications, but which need not be anchored to a permanent foundation and perimeter wall, and which need not have a pitched roof or siding of materials customarily used for site-constructed homes.
MICROBREWERY. An establishment that produces specialized beers in accordance with and subject to state or federal regulations, for sale on premises in a tap room, or for sale in packages for later consumption off premises via retail carry-outs and/or through distribution. A MICROBREWERY may also in conjunction with the sale of beer on the premises, sell wine by the glass for consumption on premises.
MOBILE HOME. A transportable structure larger than 320 square feet, designed to be used as a year-round residential dwelling, and built prior to the enactment of the Federal Mobile Home Construction and Safety Act of 1974, being 42 U.S.C. §§ 5401 et seq., which became effective for all mobile home construction on June 15, 1976. (For the purpose of this chapter a mobile home manufactured after 1976 is defined as a MANUFACTURED HOME TYPE 2.)
MOBILE HOME PARK. An area of land under single ownership used for the parking of three or more occupied motor homes.
MOBILE HOME SITE. The area of land for the parking of one mobile home.
MOBILE HOME SUBDIVISION. A residential subdivision designed exclusively for and occupied by mobile homes in which the homes and land are owned by the same person.
NET BUILDABLE. The portion of a lot that can be developed with buildings, septic system and water well.
NONCONFORMING STRUCTURE. A structure designed, converted or adapted for a use prior to the adoption of provisions prohibiting the use or structure in its 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 provisions of this chapter.
OCCUPIED SPACE. The total area of earth horizontally covered by a structure, excluding accessory structures such as (but not limited to) garages, patios and porches.
OFF-STREET PARKING. The provision of parking spaces which are not located on any public right-of-way.
PLANT AREA. The territory planned for extraction of sand, gravel or other earth materials and the operational installation for the excavating, processing and distribution of minerals.
POND. A still body of water.
PUBLIC SEWERAGE SYSTEM. A community sewer system including collection and treatment facilities established by the developer to serve a new subdivision, or an existing public sewer system, such system must be operated by units of local government, conservancy district and/or sewer district, all as defined by the Indiana Code and Indiana Department of Environmental Management. This does not include package treatment plant. The policy is: systems are encouraged to hook onto units of local government (i.e., municipal).
PUBLIC WATER SYSTEM. A community water system including distribution facilities established by the developer to serve a new subdivision, designed to connect to existing public water system, such system must be operated by public/private company, unit of local government, conservancy district and/or water district, all as defined by the Indiana Code and Indiana Department of Environmental Management.
PUBLIC UTILITY STRUCTURE. Electrical and telephone substations and distribution centers; filtration plants, pumping stations, water reservoirs, water and sewage treatment plants; telephone exchanges; radio and television transmitting or relay stations; antenna towers and other similar public utility service structures. This definition does not apply to wireless facilities.
RECREATIONAL VEHICLE. A portable structure designed as a temporary dwelling for travel or vacation uses in a recreational park which:
(1) Is identified on the unit by the manufacturer as a travel trailer of a motor home; and
(2) Of a size that is street legal: or
(a) Is a structure mounted on an automobile or truck; and
(b) Is designed to be used for sleeping and human habitation.
RECREATIONAL VEHICLE PARK. An area of land used for the parking of two or more recreational vehicles.
REGULATORY FLOOD. A flood having a peak discharge which can be expected to 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 Indiana Natural Resources Commission. This flood is equivalent to a flood having a probability of occurrence of 1% in any given year.
REGULATORY FLOOD PROFILE. A longitudinal profile along the thread of a stream showing the maximum water surface elevation attained by the regulatory flood.
SALVAGE OR SCRAP METAL YARD.
(1) A general industrial use established independent or ancillary to and connected with another general industrial use, which is concerned exclusively in new and salvaged metal pipes, wire, beams, angles, rods, machinery, parts, filings, clippings and all other metal items of every type, and which acquires such items incidental to its connection with the other general industrial use or by purchase, consignment or bailment which stores, grades, processes, melts, cuts, dismantles, compresses, cleans or in any way prepares said items for reuse by the connected other general industrial use or for sale and shipment and use in other industries or businesses including open hearth, electric furnaces and foundry operations; such an establishment shall not include junk yards, dumps or automobile graveyards.
(2) The storage, dealing in or the permitting of the accumulation of significant quantities of combustible, organic or non-metal scrap materials such as wood, paper, rages, garbage, bones and shattered glass on the premises of such an establishment will disqualify it from being classified as a SCRAP METAL YARD, and the same will be classified as either a junk yard, a sanitary fill or refuse dump depending on the content of the accumulated matter.
SETBACK. A line parallel to and equidistant from the relevant lot line (front, back and side) between which no buildings or structures may be erected.
SIGN. A single or multi-faced structure or device designed to inform or attract the attention of persons not on the premises on which the structure or device is located.
SIGN, ADVERTISING. A sign, including a billboard, 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, BUSINESS. A sign which directs attention to a business, building, product, activity or service manufactured, sold or offered upon the premises (as the primary uses) where the sign is located.
SIGN, GROSS AREA OF. The entire area with a single continuous perimeter enclosing the extreme limits of the sign. The perimeter shall not include any structural elements lying outside the limits of the sign and not forming an integral part of the display.
SPECIAL EXCEPTION. The authorization of a use that is designated as such by this chapter as being permitted in the district concerned if it meets special conditions, and upon application, is specifically authorized by the Advisory Board of Zoning Appeals.
STREET. A partially or fully improved public right-of-way which provides principal access to abutting property.
STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground or is attached to something having a permanent location on the ground, except public utility, communication and electrical transmission lines, and support equipment and facilities.
SUBSTANTIAL MODIFICATION.
(1) Any alteration, repair, enlargement or extension of a building.
(2) SUBSTANTIAL MODIFICATION is considered to occur when the first alteration of any wall, ceiling, floor or other structural element of the building begins.
(3) This term does not include either:
(a) Improvement of a structure to comply with health, sanitary or safety code specifications; or
(b) Any alteration of a structure listed on the National Register of Historic Places or the Indiana State Survey of Historical, Architectural, Archeological and Cultural sites, structures, districts and objects.
SUPPLY YARDS. A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods. SUPPLY YARDS do not include the wrecking, salvaging, dismantling or storing of automobiles and similar vehicles.
USE. The purpose or activity for which the land or building is designed, arranged or intended, or for which it is occupied or maintained.
USE VARIANCE. The approval of a use other than that prescribed by this zoning chapter. Changes of allowed uses are not permitted by this chapter except by zoning map amendment.
VARIANCE. A specific approval granted by the Advisory Board of Zoning Appeals in the manner prescribed by this chapter, to deviate from the development standards (such as height, bulk, area) that the chapter otherwise prescribes.
WETLAND.
(1) Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water.
(2) For purposes of this classification WETLANDS must have one or more of the following three attributes:
(a) At least periodically, the land supports predominantly hydrophytes, (water plants);
(b) The substrate is predominantly undrained hydric soil; and
(c) The substrate is non-soil and is saturated with water or covered by shallow water at some time during the growing season of each year.
WINERY. A facility where vinous liquors are produced in accordance with and subject to state or federal regulations.
YARD. (See FRONT YARD.) An open space on the same lot with a building or structure, unoccupied and unobstructed from its lowest level upward, except as otherwise permitted by this chapter.
YARD, REAR. A yard extending along the full length of the rear lot line between side lot lines.
YARD, SIDE. A yard extending along a side lot from the front of the rear yard.
ZONING. The division of an area into districts. The public regulation of the character and intensity of the use of the land, buildings and structures in accordance with a Comprehensive Plan.
ZONING DISTRICT. An area within which the zoning regulations are uniform.
ZONING MAPS. Maps which show zoning districts.
ZONING ORDINANCE. A legal tool for accomplishing the objectives of a land use plan. A regulatory measure designed to encourage high standards of development and to foster the most efficient use land.
(Ord. passed 7-20-1992; Ord. 1994-6-20-2, passed 6-20-1994; Ord. 1996-12-2, passed 12-2-1996; Ord. 1999-4-19-1, passed 4-19-1999; Ord. 2001-12-17, passed 12-17-2001; Ord. 2003-07-07-1, passed 7-7-2003; Ord. 2012-12-3-2, passed 12-3-2012; Ord. 2014-10-6, passed 10-6-2014; Ord. 2015-6-1-2, passed 6-1-2015; Ord. 2019-12-2-3, passed 12-2-2019)