For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning. Words in the present tense include the future and vice-versa; words in the singular number include the plural number and vice-versa; the word “building” includes the word “structure” and vice-versa; the word “shall” is mandatory and not a directory.
ABANDONED VEHICLE. The following:
(1) A vehicle located on public property legally;
(2) A vehicle left on public property without being moved for three days;
(3) A vehicle located on public property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicular traffic on a public right-of-way;
(4) A vehicle that has remained on a private property without the consent of the owner or person in control of the property for more than 48 hours;
(5) A vehicle from which the engine, transmission or differential has been removed or that is otherwise partially dismantle or inoperable and left on public property;
(6) A vehicle that has been removed by a towing service or public agency upon request of an officer enforcing a statute or an ordinance other that this chapter if the impounded vehicle is not claimed or redeemed by the owner or the owner’s agent within 20 days after the vehicle’s removal; and
(7) A vehicle that is at least three model years old, is mechanically inoperable and is left on private property continuously in location visible from public property for more than 20 days.
ABUTTING. Bordering.
ACCESSORY BUILDING AND USE. A building or use subordinate to another structure or use located on the same lot and which does not change or alter the character of the premises and which is not used for human occupancy; such as public utility installations, electric distribution and secondary power lines, gas, water and sewer lines, their supports and poles, guy wires, small transformers, wire or cable, and incidental equipment, and public telephone booths.
ADULT ENTERTAINMENT/SEXUALLY ORIENTED BUSINESS. A business or use that is primarily used for or advertised as an arcade, bar, bookstore, cabaret, club, novelty store, theater, tavern or video store where human adults appear in the nude or in a state of nudity, materials depicting human adults appearing in the nude or in a state of nudity or novelty items, including, but not limited to, instruments, devices or paraphernalia advertised for, designed for and/or sold for the fondling or other erotic touching of the human genitals, human genital region, pubic region, buttocks, anus or female breasts.
AGRICULTURE. The art or science of cultivating the ground, and raising and harvesting crops, often including feeding, breeding and management of livestock; tillage; husbandry; farming; in a broader sense, the science and art of the production of plants and animals useful to humans, including to a variable extent the preparation of these products for a human’s use and their disposal by marketing or otherwise, In this broad use, it includes farming, feedlots, animal waste areas, horticulture, forestry, dairying, sugar making and the like.
AIRPORT. Any runway, landing area or other facility designed, used or intended to be used either publicly or privately by any person for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces.
ALLEY. A permanent public service way providing a secondary means of access to abutting land, and which is less than 30 feet in width.
ALLEY LINE. A lot line bordering on an alley.
ANIMAL WASTE AREA. A holding area or lagoon used or intended to be used for the storage or treatment of animal manure and other waste products associated with an animal feedlot.
APARTMENT. A building or portion thereof designed for or occupied by more than two families. Also a MULTI-FAMILY DWELLING.
AUCTION USE. A building or any specific open area where merchandise is assembled and sold by a form of sales called an auction.
AUTOMOBILE OR TRAILER SALES AREA. An open area, other than a street, used for the display, sale or rental of new or used automobiles or trailers, and where no repair work is done, except minor incidental repair of automobiles or trailers to be displayed, sold or rented on the premises.
AUTOMOBILE WRECKING YARD. Any place where two or more motor vehicles, not in running condition, lacking current license plates and state inspection stickers, including inoperable equipment and parts thereof, are stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods, articles or merchandise. (See JUNK YARD.)
BASEMENT. A story, wholly or partly underground, which, unless subdivided into rooms and used for tenant purposes, shall not be included as a story for the purpose of height measurement.
BLOCK. A unit or property bounded by streets, or by streets and/or railroad rights-of-way, waterways or other barriers.
BLOCK FRONTAGE. Property having frontage on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, waterway or other barrier
BOARD or BOARD OF ZONING APPEALS. The County Area Board of Zoning Appeals.
BOARD OF COUNTY COMMISSIONERS. The Board of Commissioners of the county.
BOARDING HOUSE. A building not open to transients, where lodging and/or meals are provided for three or more persons, but not exceeding 12, persons regularly, in contradistinction to hotels and restaurants open to transients; a lodging house.
BUILDING. A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels or property. When separated by party walls, without any opening through walls, each portion of such a BUILDING shall be considered a separate structure.
BUILDING, DETACHED. A building having no structural connection with another building.
BUILDING, FRONT LINE OF. The line of the face of the building nearest the front lot line.
BUILDING, HEIGHT OF. The vertical distance measured from the lot ground level to the highest point of the roof for a flat roof, to the deck line of a mansard roof, and to the mean height between eaves and ridges for gable, hip and gambrel roofs.
BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which said building is situated. Where a part of an accessory building is attached to the PRINCIPAL BUILDING in a substantial manner, as by a roof, such accessory building shall be considered a part of the PRINCIPAL BUILDING.
BUILDING INSPECTOR. The official designated by the Board of County Commissioners and authorized to enforce the Building Code.
BUILDING LINE, BUILDING SETBACK. The line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of a building or structure and the front lot line. For the purpose of this chapter, the proposed street and thoroughfare right-of-way lines according to the Thoroughfare Plan of current adoption will be considered as the street lines for lots bordering such streets and thoroughfares.
BUILDING PERMIT. A permit signed by the Building Inspector stating that a proposed improvement complies with the provisions of the Building Code.
BUSINESS or COMMERCIAL. The engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services; the maintenance or operation of offices or recreational and amusement enterprises for profit.
CAMP, PUBLIC. Any area or tract of land used or designed to accommodate two or more camping parties, including cabins, tents or other camping outfits.
CAR WASH. A structure, or portion thereof, containing commercial facilities for washing automobiles, using production line methods with a chain conveyor, blower, steam cleaning device or other mechanical devices. This term includes a manually operated care wash facility when the operation is equivalent in intensity to a mechanized car wash.
CEMETERY. Land use for the burial of the dead and dedicated for cemetery purposes, including in conjunction with and within the boundary of such cemetery.
CERTIFICATE OF OCCUPANCY. A certificate signed by the Building Inspector and the Executive Director stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of the county’s code of ordinances, if the structure or use is located within the unincorporated territory of the county; or this chapter in the case of the Towns of Holton, Milan, Napoleon, Osgood, Sunman and Versailles.
CLINIC. A facility that offers care, diagnosis and treatment of sick or injured persons. A clinic may provide out patient surgical attention but does not include accommodations. Hospital, mental health facilities, facilities for the insane, substance abuse and related facilities.
CLUB. Private buildings and facilities owned or operated by a person for a social, educational or recreational purpose, but not primarily for profit or to render a service, which is customarily carried on as a business.
COMMISSION or PLAN COMMISSION. The County Area Plan Commission.
COMPREHENSIVE PLAN. A composite of all plans of land use, of thoroughfares, of sanitation, of recreation and other related matters according to the requirements of the 500 Series of the Area Planning Law, I.C. 36-7-4.
CONFINED FEEDING OPERATION. See RESTRICTED COMMERCIAL FARM ENTERPRISE.
COUNTY. Ripley County, Indiana.
DAY CARE CENTER or CHILD DEVELOPMENT CENTER. A building or part thereof including the lot devoted to the care and/or education and training of infants (younger than two years of age) and/or children (two to 15 years) at a location away from home for less than 24 hours per day during weekday working hours, and not including overnight accommodation or overnight sleeping. This definition encompasses facilities generally known as childcare center, pre-school, kindergarten, nursery school and similar programs and facilities for infants and children, but does not include an educational institution. (See definition of FAMILY DAY CARE HOME.)
DECIBEL. A unit of measurement of the intensity of loudness of sound. Sound level meters are used to measure such intensities and are calibrated in DECIBELS.
DENSITY. The number of dwelling units developed per acre of land.
DEVELOPMENT. Any human-made change to improved or unimproved real estate, including, but not limited to, buildings and other structures, mining, dredging, filling, grading, paving, excavating or drilling operations.
DEVELOPMENT PLAN. Specific plans for the residential, commercial or industrial development or other development of property setting forth certain information and data required by the Plan Commission. This information and data may include:
(1) The proposed name of the development;
(2) The name and address of developers;
(3) The location by public way, township and section;
(4) The legal description;
(5) A map including date, scale and point north, location, size, capacity and use of all buildings and structures existing or to be placed in the development;
(6) The nature or intensity of the operations involved in or conducted in connection with the development;
(7) The site layout of the development including the location, size, arrangement and capacity of area to be used for vehicular access, parking, loading and unloading;
(8) The name of public ways giving access to the development and location, width and names of platted public ways, railroads, parks, utility easements and other public open spaces;
(9) The layout of proposed public ways, their names and widths and the widths of alleys, walkways, paths, lanes and easements;
(10) A description of the use and adjacent property and an identification of that property;
(11) The location, size and arrangement of areas to be devoted to planting lawns, trees and other site-screening activities;
(12) The proposals for sewer, water, gas, electricity and storm drainage;
(13) The contours with spot elevations of the finished grade and the directions of storm runoff;
(14) The layout of proposed lots with their numbers and dimensions; and
(15) The land use density factors.
DEVELOPMENTAL DISABILITIES RESIDENTIAL FACILITY. A facility:
(1) That provides room and board services only, which are paid for exclusively out of private funds; or
(2) That provides only those services which are minimally required, based on each recipient’s needs, for federal financial participation under Title XIX of the Federal Social Security Act (42 U.S.C. §§ 1396 et seq.); for at least four, but not more than eight, developmentally disabled individuals who are not related to the individual owning or leasing the facility; however, the term does not apply to a boarding house which is approved by the Department of Mental Health under I.C. 16-41.
DEVELOPMENTAL DISABILITY. A disability of a person which:
(1) Is attributable to mental retardation, cerebral palsy, epilepsy or autism; or is attributable to any other condition found to be closely related to mental retardation because this condition results in similar impairment of general intellectual functioning or adaptive behavior, or requires similar treatment and services; or is attributable to dyslexia resulting from a disability described in this clause;
(2) Originates before the person is age 18; and
(3) Has continued or is expected to continue indefinitely and constitutes a substantial handicap to the person’s ability to function normally in society.
DISTRICT. A section of the territory within the jurisdiction of the County Area Plan Commission for which uniform regulations governing the use, height, area, size and intensity of use of buildings and land, and open spaces about buildings are herein established.
DRIVE-IN ESTABLISHMENT. Any place or premises used for sale, dispensing or serving of food, refreshments, beverages or services in automobiles, including those establishments where customers may serve themselves and may carry out or consume the above on or off the premises.
DWELLING. A building or portion thereof, used primarily as a place of abode for one or more human beings, but not including hotels or motels, lodging or boarding houses or tourist homes.
(1) MULTI-FAMILY DWELLING. A building designed for or occupied by three or more families, exclusively. Minimum square foot living area: see Figure 1 chart.
(2) SINGLE-FAMILY DWELLING. A detached building designed for or occupied by one family, exclusively; minimum 950 square foot living area on ground floor.
(3) TWO-FAMILY DWELLING. A detached building designed for or occupied by two families, exclusively; minimum square foot living area: see Figure 1 chart.
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 units which may be in the same structure, and containing independent cooking and sleeping facilities.
EASEMENT. A right of the owner on one parcel of land, by reason of such ownership, or a right of the public, to use the land of another for a special purpose as designated; a strip of land to be used by the general public, a corporation, a utility company or a certain person for a specific reason, for purposes of providing services to property.
EDUCATIONAL INSTITUTION. Public or parochial pre-primary, primary, grade, high, preparatory school or academy; junior college; college or university, if public or founded or conducted by or under the sponsorship of a religious or charitable organization.
EXECUTIVE DIRECTOR. The official employed by the County Area Plan Commission and authorized to enforce the Planning and Zoning Codes of the county.
FAMILY. An individual or two or more persons related by blood, marriage or adoption, including foster children and bona fide domestic servants employed on a full-time basis by the family in the dwelling unit, living together as a single housekeeping unit in a dwelling unit and also including roomers; provided that, the FAMILY, plus the roomers, shall not exceed a total of five persons; provided further that, the limit of five persons shall not apply where the entire group living in the dwelling unit consists of persons related by blood, marriage or adoption, including foster children and domestic servants.
FAMILY DAY CARE HOME. An occupied dwelling in which a person provides day care for children other than his or her own family and the children of close relatives. Such care in a FAMILY DAY CARE HOME is limited to that care given to 12 or fewer children, including children living in the home and children or close relatives cared for in the home for less than 24 hours per day during weekday working hours. A small FAMILY DAY CARE HOME is limited to six or fewer children and a large FAMILY DAY CARE HOME is limited to 12 or fewer children. (See definition of DAY CARE.)
FARM. A tract of land comprising an area which is devoted to agricultural operations, such as forestry; the growing of crops, pasturage; the production of livestock and poultry; the growing of trees, shrubs and plants; and other recognized agricultural pursuits and including accessory buildings essential to the operation of the FARM. Accessory buildings may include barns; equipment and animal sheds; roadside sales structure for the sale of products of the farm; and signs displaying subject matter directly related to the name or the products of the particular FARM; but not including industrial or commercial operations or structures.
FARM HOUSE or FARM DWELLING. The principle dwelling or residence of the owner or operator of the farm.
FARMSTEAD LOT. A tract of land located in the A-1 Prime Agriculture District or A-2 Agricultural District, comprising a farm house or farm dwelling built prior to 6-5-1991, and/or including accessory buildings essential to the operation of the farm.
FEEDLOT. A lot or building or combination of contiguous lots and buildings intended for the confined feeding, breeding, raising or holding animals and specifically designed as a confinement area where manure may accumulate, or where the concentration of animals is such that vegetative cover cannot be maintained within the enclosure. Open lots for the feeding and rearing of poultry (poultry ranges) shall be considered animal feedlots, but pastures will not be considered animal feedlots.
FILLING STATION/SERVICE STATION. Buildings and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail and where, in addition, the following services may be rendered and sales made, limited to the following:
(1) Sale and servicing of spark plugs, batteries and distributors and distributor parts;
(2) Tire servicing and repair, but not recapping or regrooving;
(3) Replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like;
(4) Radiator cleaning and flushing;
(5) Washing and polishing, and sale of automobile washing and polishing materials;
(6) Greasing and lubrication;
(7) Providing and repairing fuel pumps, oil pumps and lines;
(8) Minor servicing and repair of carburetors;
(9) Adjusting and repairing brakes;
(10) Emergency wiring repairs;
(11) Minor motor adjustments not including removal of the head or crankcase or racing the motor;
(12) Sales of cold drinks, packaged foods, ice, tobacco, similar convenience goods for service station customers, as accessory and incidental to principal operation;
(13) Rental of hauling vehicles for the moving of household goods, but not including the sale or rental of automobiles, mobile homes or recreational vehicles, as accessory and incidental to principal operation;
(14) Provision of road maps and other informational materials to customers; provision of restroom facilities;
(15) Uses permissible at a service station do not include major mechanical and body work, straightening of frames or body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations.
FLASH POINT. The lowest temperature at which a combustible liquid under prescribed conditions will give off a flammable vapor, which will burn momentarily using the closed cup method.
FLOODPLAIN. The area adjoining the river or stream, which has been or may hereafter be covered by flood waters.
FLOOR AREA, NET. The total area, computed on a horizontal plane, used for a particular business category; exclusive of entrances, hallways, stairs and other accessory areas used for ingress or egress.
FREE BURNING. A rate of combustion described by a material, which burns actively and easily supports combustion.
FRONTAGE. All the property on one side of a street between two intersecting streets (crossing or terminating) 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 or a portion of the principal building used only for the storage or private passenger automobiles, private boats, recreational vehicle and private auto trailers and/or not more than one truck of a rated capacity not exceeding one and one-half ton on any lot; when the storage space on the lot does not exceed that normally required for the use of person occupying the principal building; and in which no business, service or industry connected directly or indirectly with motor vehicles, boats and trailers is carried on; provided that, not more than one-half of the parking spaces therein may be rented for the storage of motor vehicles, boats and trailers of persons not resident on the premises; except that, all the parking spaces in a garage of one- or two-car capacity may be so rented.
GARAGE, PUBLIC. Any building, except those defined herein as a “private garage”, used for storage or care of motor vehicles, or where such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.
GRADE. Also LOT GROUND LEVEL.
(1) For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street;
(2) For building having walls adjoining more than one street, the coverage of the elevation of the sidewalk at the center of all walls adjoining the streets; and
(3) For buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls of the building. Any wall approximately parallel to and not more than five feet from a street line is to be considered as adjoining the street.
GROUND FLOOR AREA. The square foot area of a residential building within its largest outside dimensions building within its largest outside dimensions computed on a horizontal plan at the ground floor level, exclusive of porches, breezeways, terraces, garages and exterior stairways or other devices. A ground floor may have split levels; provided, there is not more than a five-foot difference in elevations between the different levels of the floor. See OCCUPIED SPACE for manufactured dwellings.
HEALTH FACILITY. Any building, structure, institution or other place, for the reception, accommodation, board, care or treatment extending beyond a continuous 24-hour period in any week of more than two unrelated individuals requiring, in apparent need of or desiring such services or combination of them, by reason of age, senility, physical or mental illness, infirmity, injury, incompetency, deformity or any physical, mental or emotional disability, or other impairment, illness or infirmity, not specifically mentioned hereinabove, including institutions or places or institutions commonly known as nursing homes, homes for the aged, retirement homes, boarding homes for the aged, sanitariums, convalescent homes, homes for the chronically ill, homes for the indigent. The reception, accommodation, board, care or treatment in a household or family, for compensation, of a person related by blood to the head of such household or family, or to his or her spouse, within the degree of consanguinity of first cousins, shall not be deemed to constitute the premises in which the person is received, boarded, accommodated, cared for or treated, a health facility. Any state institution or any municipal corporation may specifically request such licensure and upon compliance with all sections of this chapter and upon compliance with all existing rules and regulations, the petitioning facility may then be so licensed under the provisions of I.C. 16-10-2; provided that, the term HEALTH FACILITY does not include hotels, motels or mobile homes when used as such; hospital, mental hospitals, institutions operated by the federal government; boarding homes for children; schools for the deaf or blind; day schools for the retarded; day nurseries; children’s homes; child placement agencies; offices of practitioners of the healing arts; offices of Christian Science practitioners; industrial clinic providing only emergency medical services or first-aid for employees; a residential facility, as defined in I.C. 16-10-2.1-1; and any hospital, sanatorium, nursing home, rest home or other institution wherein any health care services and private duty nursing services are rendered in accordance with the practice and tenants of the religious denomination known as the Church of Christ, Scientist.
HEALTH OFFICER. Any officer of authority, County Health Department and the State Board of Health. Same as COUNTY HEALTH OFFICER and includes County Sanitarian.
HOME OCCUPATION. An accessory use conducted entirely within a dwelling, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character or appearance thereof.
HOSPITAL. An institution licensed by the State Board of Health and providing health services primarily for in-patient medical or surgical care of the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central service facilities and staff offices which are an integral part of the facility; provided, such institution is operated by, or treatment is given under direct supervision of a licensed physician. Types of HOSPITALS include general, mental, chronic disease and allied special hospitals such as cardiac, contagious disease, maternity, orthopedic, cancer and the like.
HOTEL. A building in which lodging is provided and offered to the public for compensation and which is open to transient guests, in contradistinction to a boarding or lodging house.
HOUSEHOLD PETS. Animals kept within a home. HOUSEHOLD PETS include, but are not limited to, dogs.
IMPROVEMENT LOCATION PERMIT. A permit (which may be combined with a building permit) signed by the Executive Director stating that a proposed improvement or use complies with the provisions of this chapter. A TEMPORARY IMPROVEMENT LOCATION PERMIT is an improvement location permit authorized by the County Area Board of Zoning Appeals with a definite time limit attached thereto.
INDUSTRIAL PARK. A single or group of structures for industrial operations forming a comprehensive arrangement of buildings, grounds and access ways planned in accordance with harmonious principles or architectural and landscape architectural design, and industrial management.
INSTITUTION. A facility designed and used to aid individuals in need of mental, therapeutic, rehabilitation counseling, or other correctional services. This includes methadone or controlled substance abuse facilities, where persons who are addicted to opioid-based drugs, such as heroin or prescription painkillers; or any other form of controlled substances receive in patient counseling and/or therapy; or where persons receive medication-based therapy such as methadone, Dolophine, or any variation thereof, on an outpatient or as need basis.
INTENSE BURNING. A rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly.
JUNK YARD. Any place at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or assorted, including, but not limited to, used or salvaged base metal or metals, their compounds or combinations, used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property, except animal matter; and used motor vehicles, machinery or equipment which is used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.
JURISDICTION OF THE COMMISSION. The unincorporated territory of the county and the territory within the Towns of Versailles, Osgood, Milan, Sunman, Holton and Napoleon, Indiana, the boundaries of which are shown on the Zone Map, dated 1991; as amended, which includes all of the area over which this chapter is effective.
KENNEL. Any lot or use on which or where four or more dogs, cats or other small animals, more than four months of age, are kept.
LIVESTOCK. Any animal which has been domestic primarily for agricultural purposes, but not including house pets such as dogs, cats, canaries or any other similar animal or fowl usually considered a house pet.
LOADING AND UNLOADING BERTHS. The off-street area required for the receipt or distribution by vehicles of material or merchandise.
LODGING HOUSE. A building where lodging only is provided for compensation to three or more, but not exceeding 12 persons, not open to transients, in contradistinction to a hotel or lodge which is open to transients.
LOT. A parcel, tract or area of land accessible by means of a street or place, and for residential uses as set forth in this chapter, abutting upon a street or place for at least 50% of the lot width prescribed for the district in which the lot is located. It may be single parcel separately described in a deed or plan which is recorded in the office of the County Recorder or it may include parts of, or a combination of, such parcels when adjacent to one another and used as one. In determining lot area and boundary lines, no part thereof within the limits of a street or a place shall be included.
LOT, CORNER. A lot at the junction of and having frontage on two or more intersecting streets.
LOT, DEPTH OF. The mean horizontal distance between the front lot line and the rear lot line of a lot, measured in the general direction of the side lot line.
LOT, INTERIOR. A lot other than a corner lot or through lot.
LOT, REVERSE INTERIOR. An interior lot, the front lot line of which is formed by a street, which street also forms the side lot line of an abutting corner lot. The corner lot is considered abutting even though separated from the interior lot line by an alley.
LOT, THROUGH. A lot having frontage on two parallel, or approximately parallel, streets. Also DOUBLE FRONTAGE LOT.
LOT, WIDTH. The dimension of a lot, measured between side lot lines on the building line.
LOT, AREA. The horizontally projected area of a lot computed exclusive of any portion of a street, existing or proposed.
LOT COVERAGE. The total ground area of a lot usually expressed as a percentage of the lot area that is covered occupied or enclosed by principal and accessory buildings and structures.
LOT FRONTAGE. The linear distance of a lot measured at the front line where said lot abuts a street, measured between side lot lines.
LOT LINE. The property line between two established parcels of land or one parcel and a public right-of-way or place.
LOT LINE, FRONT. In the case of an interior lot, a line separating the lot from the street or place; and in the case of a corner lot, a line separating the lot from the street, except in cases where deed restrictions in effect specify another street right-of-way line as the front lot line.
LOT LINE, REAR. A lot line which is opposite and most distance from the front lot line and, in the case of an irregular or triangular shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.
LOT LINE, SIDE. Any lot boundary line not a front line or a rear lot line.
LOT OF RECORD. A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder, or a parcel of land, the deed to which has been recorded in the office of the County Recorder.
MANUFACTURED DWELLING. A dwelling unit, built in a factory and bearing a seal of compliance with the Federal Manufactured Housing Construction and Safety Standards Law or State Pub. Law No. 360, Acts of 1971, and constructed prior to January 1, 2003, and although it is not actually a mobile home, for the purposes of this chapter, it is a mobile home.
MANUFACTURED HOME. A dwelling unit, designed and built in a factory, which bears a seal certifying that it was built in compliance with the Federal Manufactured Housing Construction and Safety Standards Law (1974 U.S.C. §§ 5401 et seq., as amended) and/or Indiana Public Law No. 360, Acts of 1971,as amended (I.C.22-12–1-16), constructed after January 1, 2003, and exceeds 950 square feet of occupied space.
MINI-WAREHOUSE. A structure or group of structures for the dead storage of a customer’s goods and wares where individual stalls or lockers are rented out to different tenants for storage and where one or more stalls or lockers has less than 500 square feet of floor area.
MOBILE HOME. A transportable vehicle, which is greater than eight feet in body width and longer than 36 feet in body length and designed and constructed as a detached single-family dwelling unit with all of the following characteristics:
(1) Designed for long-term occupancy, and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems;
(2) Designed to be transported after fabrication on its own wheels, or on flatbed or other trailers or detachable wheels; and
(3) Arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities and the like.
MOBILE HOME LOT. A designated site within a mobile home park or subdivision for the exclusive use of the occupants of a single mobile home, including a mobile home slab, lawn, driveway and parking area for said occupants.
MOBILE HOME PARK. A tract of land which has been developed with all necessary facilities and services in accordance with a development plan meeting all legal requirements and which is intended or the purpose of providing a site for five or more manufactured homes, manufactured dwellings or mobile homes for human habitation, either free of charge or for revenue purposes, including any building, vehicle or enclosure used or intended for use as a part of the equipment of such MOBILE HOME PARK.
MOBILE HOME SLAB OR FOUNDATION. The solid material upon which the mobile home rests, consisting of a continuous concrete slab or a permanent foundation.
MOBILE HOME STAND. The part of the mobile home park which has been reserved for the placement of one mobile home unit, including the mobile home slab, lawn area, driveway area and parking area for the unit.
MODERATE BURNING. A rate of combustion described by a material, which supports combustion and is consumed slowly as it burns.
MOTEL. A building or detached building used as dwelling units containing bedroom, bathroom and closet space, and each unit having convenient access to a parking space for the use of the unit’s occupants. The units, with the exception of the apartment of the manager or caretaker, are devoted to the use of automobile transients and more than 50% of the lodging rooms are for rent to transient automobile tourists for a continuous period of less than 30 days.
NATURAL RESOURCES. The State Natural Resources Commission.
NON-CONFORMING USE. A building or premises which does not conform in its use or otherwise with all of the regulations of the district in which the building or premises is located.
NUDITY/STATE OF NUDITY. The showing of the human male or female genitals, public area, vulva, anus, anal cleft or cleavage with less than fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
NURSING HOME. Same as HEALTH FACILITY.
NURSING HOME CONVERSIONS. A dwelling, which is converted for the use of a nursing home and licensed by the State Board of Health. See HEALTH FACILITY.
OCCUPIED SPACE. The total area of earth horizontally covered by the structure, excluding accessory structures such as, but not limited to, garage, patios and porches.
OCTAVE BAND. A narrow range of sound frequencies which classify sounds according to pitch. In the octave band analyzer, the audible sound spectrum is divided into eight OCTAVE BANDS.
OPACITY.
(1) A condition, which renders material partially or wholly impervious to transmittance of light and causes obstruction of an observer’s view. For the purposes of these regulations, the following equivalence between OPACITY and Ringelmann shall be employed.
Opacity Percent | Ringelmann |
Opacity Percent | Ringelmann |
10 | 0.5 |
20 | 1 |
30 | 1.5 |
40 | 2 |
60 | 3 |
80 | 4 |
100 | 5 |
(2) See the definition of RINGELMANN NUMBER.
OPEN SPACE. The total horizontal area of a lot excluding the building area, but including parking areas and recreational area; provided, however, in the residential districts, said open space may include the useable roof area within the project which has been improved for outdoor use of occupants, plus one-half of that space, such as balconies, which may be open on its sides but not open above to the sky.
OUTDOOR RECREATION. Includes one or more of the following uses: riding clubs, polo fields, horse shows, hunter trails and other equestrian sports; conversation clubs, Girl Scout and Boy Scout lodges or clubhouses, private parks or playgrounds, archery ranges and other outdoor recreation uses approved by the Board of Zoning Appeals; and accessory uses, buildings and structures such as off-street parking and loading facilities, administration, maintenance and clubhouse building. OUTDOOR RECREATION may be private recreational developments or outdoor commercial enterprises. (See BUSINESS.)
PARK MANAGEMENT. The person who owns or has charge, care or control of a mobile home park.
PARKING AREA. An area paved with a hard surface in accordance with city specifications set forth in this chapter, other than a street or alley, designed for use or used for temporary parking of more than four motor vehicles when available for public use, whether free or for compensation, or as an accommodation for clients or customers.
PARKING SPACE. A space other than on a street or alley designed for use or used for the temporary parking of a motor vehicle, and being not less than nine feet wide and 20 feet long exclusive of passageways. For computing purposes, the average area of passageways shall be at least 70 square feet per space. Accordingly, the minimum total average area for a PARKING SPACE is 250 square feet.
PARTICULATE MATTER. Finely divided liquid or solid material, which is discharged and carried along in the air. This shall not include water droplets, commonly called steam.
PASTURE. Areas where grass or other growing plants are used for grazing and where the concentration of animals is such that vegetation cover is maintained during the growing season except in the immediate vicinity of temporary supplemental feeding or watering devices.
PERFORMANCE STANDARD. Criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, and glare or heat generated by or inherent in uses of land or buildings.
PERMANENT FOUNDATION. Any structural system transposing loads from a structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of the supporting soil. (See I.C. 22-11-1-1.5.)
PERMANENT PERIMETER WALL. An approved non-load-bearing perimeter structural system composed of a continuous solid or mortared masonry wall having the appearance of a permanent load-bearing foundation characteristic of site-constructed homes, designed to support the loads imposed and extending below the established frost line.
PERSON. A corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person or persons.
PLACE. An open, unoccupied, officially designated space other than a street or alley, permanently reserved for use as the principal means of access to abutting property.
PLAN COMMISSION or COMMISSION or AREA PLAN COMMISSION. The County Area Plan Commission.
PLAN COMMISSION STAFF. The staff of the County Area Plan Commission specifically, the Executive Director and Building Inspector, and any other persons employed by the Area Plan Commission, under the supervision of the Executive Director who have regular duties in the Area Plan Commission office.
PLAT. A map or chart indicating the subdivision or re-subdivision of land either filed or intended to be filed for record.
PREMISES. A lot, tract or plat including buildings thereon, if any.
PRIVATE SCHOOL. Private, primary, grade, high or preparatory school or academy.
PROFESSIONAL OFFICE. Office of a member or members of a recognized profession as defined by the United State Bureau of the Census.
PUBLIC UTILITY INSTALLATIONS. The erection, construction, alteration or maintenance by public utilities, municipal departments, commissions or common carriers of underground, surface or overhead gas, oil, electrical, steam, pipes, conduits, cables, fire alarm boxes, poles, wires, mains, drains, sewers, police call boxes, traffic signals, hydrants, towers and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utility or municipal departments or commissions or for the public health or safety or general welfare.
RECREATIONAL VEHICLE. A portable vehicular structure designed as a temporary dwelling for travel, vacation and recreational uses which is either a structure mounted on an automobile or truck and designed to be used for human habitation, including sleeping or identified on the unit by the manufacturer as a travel trailer or recreational vehicle, and is not more than eight feet in width, and not more than 36 feet in length.
RECREATIONAL VEHICLE PARK. A tract of land which has been developed with all necessary facilities in accordance with a site development plan meeting all legal requirements and which is for short term occupancy by recreational vehicles only. It shall include, but not be limited to, travel trailers, pick-up coaches, motor homes, camping trailers and tents.
REGULATORY FLOOD. Any 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 State Natural Resources Commission. This flood is equivalent to a flood having the probability of occurrence of 1% in any given year.
RESTRICTED COMMERCIAL FARM ENTERPRISE. An operation or use which is inherent to or closely associated with a farm or agriculture, but not including industrial grain elevators, industrial mills, abattoirs, the manufacture of commercial fertilizer and similar operations which are of an industrial nature. Also, a RESTRICTED COMMERCIAL ENTERPRISE is any similar operation, which may:
(1) Cause stream pollution by the disposal of wastes discharged into streams thus endangering water supply and health;
(2) Release odors to the atmosphere beyond the boundary of the property, which may be strong and beyond the normal expectancy of a farm operation;
(3) Create any unusual or loud noises audible beyond the normal expectancy of a farm operation;
(4) Emit poisonous and injurious fumes and gases beyond the boundaries of the property;
(5) Cause the emission of smoke or particulate matter or cause any undue vibration or excessive glare or heat beyond the boundaries of the property;
(6) Because of the location of its facilities influence adversely the uses of adjacent properties, either existing or proposed;
(7) Animal feeding operation (AFO), see 372 IAC 19-2-3 or as revised (latest amendment); or
(8) Confined feeding operation and concentrated animal feeding operation (CFO and CAFO), see 327 IAC 19-2-6 or as revised (latest amendment).
RETIREMENT HOME or HOME FOR THE AGED. Same as HEALTH FACILITY.
RINGELMANN NUMBER. The number of the area on the Ringlemann Chart that most nearly matches the light-obscuring capacity of smoke. The Ringelmann Chart is described in the U.S. Bureau of Mines, U.S. Department of Interior, Information Circular 8333 (Revision of I.C. 7718), 5-1-1967, or any adoption thereof which has been approved. The Chart illustrates graduated shades of gray for use in estimating smoke density. See the definition of OPACITY.
SERVICE DRIVE, COMMERCIAL. A street other than a frontage street that runs parallel or generally parallel to the frontal street and mainly located in the space to the rear of the building(s).
SHOPPING CENTER. An architectural and functional grouping of retail stores, generally oriented around a supermarket or department store, and appropriate associated and accessory uses, which is the central feature of a site plan or development plan composed of building areas, parking areas, access streets and circulatory ways for vehicles and pedestrians, landscape reservations and plantations and other land features appropriate for its operation as a business enterprise, designed to serve residential neighborhoods or communities and which conforms to the requirements of this chapter.
SLAUGHTER HOUSE. A building or place where animals are butchered for food.
SLOW BURNING or INCOMBUSTIBLE. Materials, which do not in themselves, constitute an active fuel for the spread of combustion. A material, which will not ignite, nor actively support, combustion during an exposure for five minutes to temperate of 1,200°F.
SMOKE. Small gas-borne particles resulting from incomplete combustion, consisting predominantly but not exclusively of carbon, ash and other combustible material that form a visible plume in the air.
SMOKE UNIT. The number obtained when the smoke density in Ringelmann number is multiplied by the time of emission in minutes. For the purpose of this calculation, a Ringelmann density reading shall be made at least once a minute during the period of observation. Each reading is then multiplied by the time in minutes during which it is observed. The various products are then added together to give the total number of SMOKE UNITS observed during the entire observation periods.
SPECIAL SCHOOL. Any school, which has, as its primary purpose, the instruction, care and rehabilitation of atypical or exceptional children or adults such that the usual statutory education requirements expressly or implicitly do not apply.
STORY. The portion of a building, included between the surface on any floor and surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall be the STORY.
STORY, HALF. The portion of a building under a sloping, gable, hip or gambrel roof, the wall plates on at least two opposite exterior walls of which are not more than three feet above the floor level of such HALF-STORY.
STREET. A right-of-way or thoroughfare, other than an alley or place dedicated or otherwise legally established for public use, usually affording the principal means of access to abutting property.
STREET, FRONTAGE. A street that runs parallel to the frontal street and located within the space between the building(s) and the frontal street.
STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the exterior walls or the roof.
STRUCTURE. Anything constructed or erected on the ground or attached to the ground.
SUBDIVISION. The division of land parcels, as defined in Ch. 155 of this code of ordinances or the applicable participating town codes.
SWIMMING POOL, PRIVATE. A swimming pool used only by the owner of the pool and friends as an accessory use at a private residence and not for monetary gain.
THOROUGHFARE, ARTERIAL. A street designated for large volumes of traffic movement. Certain ARTERIAL STREETS may be classed as limited access highways to which entrances and exits are provided only at controlled intersections and access is denied to abutting properties.
TOURIST HOME. A building in which one, but not more than five, guest rooms are used to provide or offer overnight accommodations to transients for compensation.
TOWN. The incorporated Towns of Versailles, Osgood, Milan, Sunman, Holton and Napoleon, Indiana.
TOWNHOUSE. A two or two and one-half story dwelling, which may include a basement, and which is normally an integral part of an apartment or multi-family use as set forth in this chapter.
TRADE OR BUSINESS SCHOOL. Secretarial or business school or college when not publicly owned or not owned or conducted by or under the sponsorship of a religious, charitable or non-profit organization; or a school conducted as a business enterprise for teaching instrumental music, dancing, barbering or hair dressing, drafting or for the teaching of industrial or technical arts.
USE. The employment or occupation of a building, structure or land for service, benefit or enjoyment to a person.
USE, NON-CONFORMING. See NON-CONFORMING USE.
VARIANCE. A modification of the specific requirements of this chapter granted by the County Area Board of Zoning Appeals, in accordance with the terms of this chapter for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and district.
VIBRATION. Oscillatory motion transmitted through the ground.
VISION CLEARANCE ON CORNER LOTS. Also INTERSECTION VISIBILITY. A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of three and 12 feet above the established street grade. The street grade is measured at the intersection of the centerlines of the intersecting street pavements, and the triangular space is determined by a diagonal line connecting two points measured 15 feet equidistant from the intersection of the property lines or the property lines extended at the corner of the lot using each of the street right-of-way lines.
YARD. A space on the same lot with a building, which is open, unoccupied and unobstructed by structures, except as otherwise provided in this chapter.
YARD, FRONT. A yard extending across the full width of the lot or in the case of a corner lot extending also along the length of the lot abutting the side street, unoccupied other than by steps, walks, terraces, driveways, lamp posts and similar appurtenances, the depth of which is the least distance between the front lot line and the building line.
YARD, REAR. A yard extending across the full width of the lot between the rear of the principal building and the rear lot line unoccupied other than by accessory buildings which do not occupy more than 30% of the required space, and steps, walks, terraces, driveways, lamp posts and similar structures, the depth of which is the least distance between the rear lot line and the rear of such principal building.
YARD, SIDE. A yard between the building and side lot line, extending from the front yard or from the front lot line where no front yard is required, to the rear yard, unoccupied other than by architectural appurtenances projecting not more than 24 inches from the building, or open or lattice-enclosed fire escapes or fireproof outside stairways, projecting not more than four feet, and certain accessory uses in accordance with the provisions of this chapter. The width of the required SIDE YARD is measured horizontally at 90 degrees with the side lot line from the nearest point of the building.
ZONE MAP.* The Area Zone Map of the county, as amended, consists of 11 sheets, each identified by the name of the township represented thereon, and participating towns may be found on the back of the applicable sheet. The Area Zone Map defined herein, with an effective date being the date of its adoption, shows the districts that appeared on the Zone Map dated 12-14-1998, as amended.
*NOTE #1: In accordance with the authority conferred by I.C. 36-7-4-602(c) and the requirements of § 156.002(B) and (C) of “The Area Zoning Code of Ripley County, Indiana, 1991”, as amended, the previous Zone Map consisting of six sheets, was replaced with an “Area Zone Map of Ripley County, Indiana, effective December 14, 1998”, consisting of six sheets with corrections and all known and recorded changes enacted since 9-3-1991 for the unincorporated territory of the county; since 7-2-1991 for Napoleon; since 6-12-1991 for Holton; since 7-2-1991 for Osgood; since 9-4-1991 for Versailles; and since 9-5-1991 for Sunman and Milan. The existing zone map will be replaced with an updated zone map consisting of the 11 townships with participating towns located thereon with corrections and all known and recorded changes enacted since 12-14-1998.
*NOTE #2:
(a) The original Zone Map was part of the “Unified Zoning Ordinance of Ripley County, Indiana”, passed by the County Board of Commissioners and the Town Boards of Versailles, Osgood, Sunman, Milan and Napoleon in 1970 and 1971.
(b) In 1991 the “Unified Zoning Ordinance of Ripley County, Indiana, passed in 1970 and 1971, was repealed by enactment of the “Area Zoning Code of Ripley County, Indiana, 1991”; accordingly, the original Zone Map was replaced by another Zone Map, entitled: “Area Zone Map, Ripley County, Indiana,” Sheets 1, 2, 3, 4, 5 and 6 of 6 dated 1991.
(c) The “Area Zone Map” of 1991 was intended to include the original zoning patterns established in 1970 and 1971, plus all of the amended zones, which were passed up to 1991. The Town of Holton became a member of the Area Planning Department and their zoning was “new” in 1991. The Town of Sunman requested numerous changes in their zone districts, which were included and passed in 1991. Also changes were made to types of districts or zones and their designations in the “Area Zoning Code of Ripley County, Indiana, 1991”. The “MH” Mobile Home District, “AB” Accommodation Business District and “SC” Shopping Center District were eliminated, and the “RB” Roadside Business District, “IB” Interchange Business District, and the “UD” Unit Development Plan District were created.
(d) The new “Area Zone Map of 1998" incorporated new town maps with up-to-date lot divisions from Ripley County records, which in some instances may vary somewhat from the town maps which are a part of the “Area Zone Map of 1991”. It was noticed that the “MH” Mobile Home District appeared in Sunman in two areas, which are now classified in the “R-3" Multi-Family Residence District. Also, the “FP” Floodplain District has been shown on each sheet of the “Area Zone Map of 1998" by photogrammetrical methods, assuring accuracy and compatibility with the actual Federal Flood Maps. All of the above have necessitated making minor adjustments in some districts, but every effort has been made to follow the spirit of the existing zoning patterns and to avoid establishing “creative” or “new” zones wherever possible.
(e) The “Area Zone Map of 2005” incorporated new town maps with up-to-date lot division from Ripley County records, which in some instances may vary somewhat from the town maps which are a part of the “Area Zone Map of 1998”. The “Area Zone Map of 2005” takes into account the known and recorded changes that have taken place since 12-14-1998 and the Comprehensive Plan of the county adopted by Ord. 2002-13 on 6-10-2002 by the Board of Commissioners of the county. All of the above has necessitated making minor adjustments in some districts, but every effort has been made to follow the spirit of the existing zoning patterns and to avoid establishing “creative” or “new” zones wherever possible.
(f) In the event a property owner can produce factual information to the Executive Director indicating that his or her parcel has been improperly classified, after this chapter goes into effect, the Area Plan Commission may, on its own motion, petition the respective legislative body to correct the “Area Zone Map of 2005”, accordingly, and at no expense to the property owner.
(Ord. passed - -2006, § 80.43; Ord. 2015-10, passed 12-21-2015; Ord. 2016-07, passed 9-12-2016; Ord. 2019-07, passed 10-7-2019)