For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The word “building” includes the word “structure” and vice-versa.
ACCESSORY BUILDING AND USE.
(1) 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.
(b) Public utility, communication, electric, gas, water and sewer lines, their supports and incidental equipment, and public telephone booths.
ALLEY. A right-of-way other than a street, road, crosswalk or easement, designed to provide a secondary means of access for the special accommodation of the property it reaches.
BED AND BREAKFAST. A tourist home where the operator of the business lives on the premises, or in adjacent premises, and provides renters or paying guests with one or more meals are on the premises.
BLOCK. 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.
BOARDING HOUSE. A building not open to transients, where lodging and/or meals are provided for three or more, but not over 30 persons regularly; 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 opening through such 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 substantial part of an accessory building is attached to the main building in a substantial, manner, as by a roof, such accessory building shall be counted as a part of the principal building.
BUILDING AREA. The maximum horizontal projected area of the principal and accessory building, excluding open steps or terraces, unenclosed porches not exceeding one story in height, or architectural appurtenances projecting not more than two feet.
BUILDING LINE. 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 street right-of-way line.
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 automobile house trailers, mobile homes, or two or more camping parties, including cabins, tents, or other camping outfits.
CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.
CERTIFICATE OF OCCUPANCY. A certificate stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this chapter.
CHILD. An individual who is less than 18 years of age.
CHILD CARE CENTER. A business that meets the definition of child care center as set forth in I.C. 12-7-2.
CHILD CARE NURSERY. A structure in which at least six children (not including the children for whom the provider is a parent, stepparent, guardian, custodian, or other relative) at any time receive child care from a provider; while unattended by a parent, legal guardian, or custodian; for regular compensation; and for more than four hours but less than 24 hours in each of ten consecutive days per year, excluding intervening Saturdays, Sundays and holidays. A “qualified child care home” shall not be considered a “child care nursery” except to permit the placement of such structures in commercial districts.
CHILD CARE HOME. A business that meets the definition of “child care home” as set forth in I.C. 12-7-2-28.6 which means a residential structure in which at least six children (not including the children for whom the provider is a parent, stepparent, guardian, custodian, or other relative) at any time receive child care from a provider; while unattended by a parent, legal guardian, or custodian; for regular compensation; and for more than four hours but less than 24 hours in each of ten consecutive days per year, excluding intervening Saturdays, Sundays and holidays.
CLINIC OR MEDICAL-HEALTH CENTER. An establishment where patients are admitted for special study and treatment by two or more licensed physicians, and/or dentists, and their professional associates.
DWELLING. A building or portion thereof, used primarily as a place of abode for one or more human beings, including qualified manufactured homes, but not including mobile homes, hotels, lodging or boarding houses or tourist homes.
DWELLING UNIT. A dwelling or portion of a dwelling used by one family for cooking, living and sleeping purposes.
FAMILY. One or more persons living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, nurses home, fraternity or sorority house.
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; farm residences for the owner, operator or farm assistants; 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.
GARAGE, PRIVATE. An accessory building with capacity for not more than three motor vehicles per family, not more than one of which may be a commercial vehicle of not more than three tons capacity. A garage designed to house two motor vehicles for each family housed in an apartment shall be classed as a private garage.
GARAGE, PUBLIC. Any building, or premises, except those defined herein as a PRIVATE GARAGE, used for the storage, or care of motor vehicles, or where such vehicles are equipped for operation, repaired, or kept for renumeration, hire or sale.
GROUND FLOOR AREA. The square foot area of a residential building within its largest outside dimensions computed on a horizontal plane at the ground floor level, exclusive of open porches, breeze-ways, terraces, garages, exterior and interior stairways.
GROUP HOME. A residential facility which provides room and board, personal care and supervision for persons who have been identified as requiring a controlled residential environment.
HOME OCCUPATION. A business or professional service conducted within a dwelling that is considered under this chapter as a permitted accessory use when the requirements, restrictions and conditions of § 154.29 of this chapter are satisfied.
HOTEL or MOTEL. A building or group of buildings 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.
IMPROVEMENT LOCATION PERMIT. A permit stating that the proposed erection, construction, enlargement or moving of a building or structure referred therein complies with the provisions of the master plan.
JUNKYARD. Any place at which personal property is or may be salvaged for re-use, resale 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 are used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.
JURISDICTIONAL AREA. All territory within the corporate boundaries of the town.
KENNEL. Any lot or premises on which four or more dogs, or small animals, at least four months of age, are kept.
LOADING AND UNLOADING BERTH. The off-street area required for the receipt or distribution by vehicles of material or merchandise, which in this chapter is held to be a 12 by 45 foot loading space with a 14-foot height clearance.
LOT. A parcel, tract or area of land abutting upon a street or place for at least 60% of the lot width prescribed for the district in which the lot is located. It may be a single parcel separately described in a deed or plat 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 shall be included.
LOT, CORNER. A lot at the junction of and abutting two or more intersecting streets.
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 buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the center of all walls adjoining the streets.
(3) For buildings haying 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 is to be considered as adjoining the street.
LOT, INTERIOR. A lot other than a CORNER LOT or THROUGH LOT.
LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets.
LOT COVERAGE. The percentage of the lot area covered by the building area.
LOT WIDTH. The dimension of a lot, measured between side lot lines on the building line.
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 narrowest street frontage of the lot from the street, except in cases where deed restrictions in effect specify another line as the front lot line.
LOT LINE, REAR. A lot line which is opposite and most distant 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 lot line or a rear lot line.
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 (42 U.S.C. 5402), or which meets the requirements of the state for certification as an industrialized building system (I.C. 22-15-4-1).
MOBILE HOME. A transportable structure more than 30 feet in length, constructed to be towed on its own chassis and designed for long-term occupancy (more than 45 days).
PARKING AREA, PUBLIC. An open area, other than a street or alley designed for use or used for the 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.
PLACE. An open unoccupied space other than a street or alley, permanently reserved for use as the principal means of access to property.
PRIVATE SCHOOL. Private preprimary, primary, grade, high or preparatory school or academy.
PROFESSIONAL OFFICE. Office of members of recognized professions, such as an architect, artist, dentist, engineer, musician, physician, surgeon, or other professional person.
QUALIFIED CHILD CARE HOME. A business that meets the definition of CHILD CARE HOME and the building is used as the primary residence of the person who operates the child care home.
QUALIFIED MANUFACTURED HOME. A manufactured home constructed after January 1, 1981 that exceeds 950 square feet of occupied space. It must have any wheels, axles and towing chassis removed, and be attached to a permanent solid foundation of masonry construction. A QUALIFIED MANUFACTURED HOME shall not be considered a mobile home except to permit the siting placement of such dwelling units in mobile home parks.
SELF-SERVICE STORAGE FACILITY. A building or group of buildings in a controlled access site that contains varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the storage of customer’s goods or wares.
SIGN. Any board, device or structure or part thereof used for advertising, display or publicity purposes. Signs placed or erected by governmental agencies for the purpose of showing street names or traffic directions or regulations for other governmental purposes shall not by included herein.
STREET. A right-of-way established for or dedicated to the public use by duly recorded plat, which affords the principal means of access to abutting property. A STREET may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive, place or other appropriate name. A STREET may also be identified according to type of use as designated in the thoroughfare plan, as follows:
(1) ARTERIAL STREETS are those designated for large volumes of traffic movement. Certain arterial streets may be classified as business streets to serve congested business sections, and others as limited access highways to which entrances and exits are provided only at controlled intersections and access is denied to abutting properties.
(2) COLLECTOR STREETS are important streets planned to facilitate the collection of traffic from minor streets, and to provide circulation within neighborhood areas and convenient ways for traffic to reach arterial streets.
(3) LOCAL OR RESIDENTIAL STREETS are those designated primarily to provide access to abutting properties. Certain residential streets may be marginal access streets parallel to arterial streets, which provide access to abutting property and ways for traffic to reach access points on arterial streets. Another type of residential street may be a cul-de-sac, a short street having one end open to traffic and being permanently terminated by a vehicle turn-around.
STRUCTURE. Anything constructed or erected which requires location on the ground or attachment to something having a location on the ground.
STRUCTURE, NONCONFORMING. An existing structure which fails to comply with the requirements set forth in this chapter governing lot size, setback lines, height, intensity, off-street parking and loading, signs and other regulations applicable to structures in the district in which the structure is located.
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.
TOURIST HOME. A building in which one but not more than five guest rooms are used to provide or offer overnight accommodations to transient guests for compensation.
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 commercial enterprise for teaching instrumental music, dancing, barbering or hair dressing, drafting or for teaching industrial or technical arts.
USE. The employment or occupation of a building, structure or land for a person’s service or enjoyment.
USE, NONCONFORMING. An existing use of land or structure which fails to comply with the requirements set forth in this chapter applicable to the district in which such use is located.
USE, OPEN. The use of a lot without a building or including a building incidental to the open use with a ground floor area equal to 5% or less of the area of the lot.
VARIANCE. A modification of the specific requirements of this chapter granted by the Board 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.
VISION CLEARANCE ON CORNER LOTS. 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 established grade, determined by a diagonal line connecting two points measured 15 feet equidistant from the street corner along each property line.
YARD. A space on the same lot with the principal building, 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, unoccupied other than by steps, walks, terraces, driveways, lamp posts and similar structures, the depth of which is the least distance between the street right-of-way line and the building line.
YARD, REAR. A yard extending across the full width of the lot between the rear of the main building and the rear lot line unoccupied other than by accessory buildings which do not occupy more than 30% of the required space, the depth of which is the least distance between the rear lot line and the rear of such main building.
YARD, SIDE. A yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required to the rear yard. The width of the required side yard is measured horizontally, at 90 degrees with the side lot line, from the nearest part of the main building.
(Ord. 480, passed 11-16-1970; Ord. 93-596, passed 7-26-1993; Ord. 95-611, passed 10-4-1995)