§ 157.013 DEFINITIONS.
   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESSORY STRUCTURE. Any temporary or permanent structure located on the same lot with the principal use and customarily incidental and subordinate to the principal building or use.
   ACCESSORY USE. A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.
   ALLEY. A minor way that provides vehicular access to the back side of property that abuts a street.
   ANIMAL SERVICE, MAJOR. A boarding kennel, animal hospital or other animal care use that includes outdoor runs or facilities.
   ANIMAL SERVICE, MINOR. A veterinary clinic, pet shop, pet grooming salon pet supply store, pet day care, or similar use.
   ANTENNA. A device used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based structures.
   ASSISTED LIVING FACILITY. Residences for the frail elderly or other persons in need of care that provide rooms, meals, personal care, and supervision of self-administered medications. Other services may be provided, including recreational activities, financial services, and transportation.
   AUTOMOTIVE SERVICE, MAJOR. Any operation for servicing of automobiles that includes an outdoor area, yard or compound for parking vehicles over night; general repair, rebuilding or reconditioning of engines, motor vehicles, or trailers, including body work, frame work, welding and painting service; keeping or storing one or more unlicensed vehicles, or the remains thereof, for the purpose of dismantling, wrecking, crushing, repairing, rebuilding, sale of parts, sale of scrap, storage or abandonment; or any similar use.
   AUTOMOTIVE SERVICE, MINOR. Sale or dispensing of fuel; washing, detailing, or upholstering; replacement of any part or repair of any part that does not require the removal of the engine head or pan, engine, transmission or differential, incidental body and fender work, or minor painting applied to passenger automobiles, motorcycles, snowmobiles, small engines and trucks not exceeding 9,000 pounds rated capacity.
   BED AND BREAKFAST USE. A single-family dwelling in which overnight accommodations and a morning meal are provided to transients for compensation.
   BUILDING. Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal process, equipment, goods or materials of any kind.
   BUILDING LINE. A line parallel to the street line touching that part of a building closest to the street.
   BUILDING SCALE. The relationship between the mass of a building and its surroundings, including the width of street, open space, and mass of surrounding buildings. Mass is determined by the three-dimensional bulk of a structure: height, width, and depth.
   BUSINESS SERVICE. An establishment primarily engaged in rendering financial or contractual services to businesses or individuals. These uses include but are not limited to financial institutions; insurance services, printing, mailing and packaging, photo finishing, billing services, employment services, protective services, and office equipment rental and leasing.
   CAMPGROUND or RV PARK. A lot or parcel on which two or more tents, cabins, lean-tos, recreational vehicle or other similar object is established or maintained as temporary living quarters for recreation, education, or vacation purposes.
   CLUB. An establishment operated for social, recreational or educational purposes that is open only to members and not to the general public.
   CLINIC. An establishment in which patients are admitted on an outpatient basis by one or more physicians, dentists, other medical personnel, psychologists, or social workers and where patients are not usually lodged overnight.
   COMMERCIAL CENTER. A group of four or more separately operated commercial establishments, planned, developed, owned, and managed as a unit, with common off-street parking provided on the property.
   COMMERCIAL RECREATION. An establishment primarily engaged in providing recreational services to the general public, including auditorium, theater, bowling alley, billiard room, dance studio and amusement facility.
   CONVENIENCE STORE. Any retail establishment not exceeding 3,500 square feet in area offering for sale prepackaged food products, household items, newspapers and magazines, along with other convenience items such as sandwiches, donuts, salads, coffee, and fountain drinks.
   CONVENTIONAL SUBDIVISION. A subdivision in which all the land is divided into house lots and streets, with the only open space being undevelopable land such as wetlands, steep slopes, floodplains and stormwater management areas. Such subdivisions are laid out according to design principles that include but are not limited to blocks accommodating two tiers of lots, curvilinear or grid streets, and little or no common or public open space.
   CUL-DE-SAC. A street with only one outlet and having a paved, usually circular, turn-around at one end.
   DEVELOPMENT PLAN. A specific plan required by § 157.094 and in accordance with I.C. 36-7-4, the 1400 Series, showing the development details as required by § 157.094.
   DISCONTINUANCE OF USE or ABANDONMENT. The relinquishment of property or a discontinuance of the use of the property by the owner or lessee for a continuous period of one year or more.
   DRIVE-IN RESTAURANT. A food service establishment where food is consumed on the premises outside of fully enclosed buildings or structures.
   DRIVE-THROUGH ESTABLISHMENT. Any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle, which is usually left running, during such business transactions.
   DWELLING. A structure or portion thereof that is used exclusively for human habitation.
      (1)   DWELLING, SINGLE-FAMILY. A building that contains one dwelling unit and is not attached to any other dwelling unit.
      (2)   DWELLING, TWO-FAMILY. A building that contains two dwelling units totally separated from each other by an unpierced wall extending from ground to roof.
      (3)   DWELLING, MULTIFAMILY. A building containing three or more dwelling units, including units that are located one over the other.
   FAMILY. A group of individuals not necessarily related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit under a common management plan based on an intentionally structured relationship providing organization and stability. This definition does not including a group occupying a hotel, motel, club, nurses' home, dormitory, or fraternity or sorority house.
   FENCE. An upright, freestanding structure made of wood, masonry, vinyl, or similar material and designed to enclose, screen, or separate areas. Fences may not be made from trash, inoperable or junk vehicles, barrels, or any other material not designed to be used as fencing.
   FRONTAGE. The distance for which a lot line of a zone lot adjoins a public street, from one lot line intersecting such street to the farthest distant lot line intersecting the same street.
   GARDEN SUPPLY CENTER. A premises used for the sale of plants and trees, fertilizer, bagged mulch, lawn ornaments and similar items.
   GREENHOUSE. A building with a roof and sides made largely of a transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or personal use or enjoyment.
   GUESTHOUSE. Living quarters within an accessory building for temporary use by guests of the occupants of the premises. Such quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling.
   HEALTH SERVICE, MAJOR. An institution providing inpatient and outpatient primary health and wellness services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, medical offices, and staff residence.
   HEALTH SERVICE, MINOR. An establishment providing outpatient health and wellness services. These uses include but are not limited to urgent care clinics, chiropractic services, medical and dental offices.
   HEIGHT, BUILDING. The vertical distance from the average grade adjoining the walls of the structure to the average of the highest points of the roof surface of a flat roof; or to the deck line of a mansard roof; or the mean height level between eaves and ridge for a gable, hip or gambrel roof.
   HEIGHT, SIGN. The distance measured in a vertical plane from grade at the edge of pavement of the adjacent street from which the property has immediate access to the highest point of the sign.
   HOME-BASED BUSINESS. A business or profession that is clearly subordinate to a residential use, operated by occupants of the residence on the premises.
   INDUSTRIAL PARK. A tract of land that is planned, developed, and operated as an integrated facility for several individual industrial uses, with consideration to transportation facilities, circulation, parking, utilities, aesthetics, and compatibility.
   INFILL DEVELOPMENT. The construction of new buildings on scattered sites in built-up areas.
   JUNK. Any scrap, waste, reclaimable material, or debris, that for sale, or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or other use or disposition.
   JUNKYARD. Any area, lot, or other parcel of land used for the storage, collection, processing, purchase, sale, salvage, or disposal of junk.
   KENNEL. A facility in which four or more dogs or other domesticated animals more than six months of age are housed, groomed, bred, boarded, trained, or sold.
   LEGAL LOT OF RECORD. Lot created in accordance with applicable regulations that and shown or described on a plat or deed in the office of the County Recorder.
   MANUFACTURED HOME. A factory-built, single-family structure that meets the National Manufactured Home Construction and Safety Standards Act (42 U.S.C. Section 5401), commonly known as the HUD (U.S. Department of Housing and Urban Development) Code.
   MANUFACTURED HOME PARK. A parcel of land containing 20 or more spaces, with required improvements and utilities, leased for the long-term placement of manufactured homes.
   MANUFACTURING. The mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such a lubricating oils, plastics, resins, or liquors.
   MOBILE HOME. A structure transportable in one or more sections manufactured prior to June 15, 1976, which is the effective date of the Manufactured Home Construction and Safety Act of 1974. In the traveling mode, it is eight body feet or more in width at its narrowest dimension. When erected on site, it contains 320 or more square feet, is anchored in accordance with Rule 410 IAC 6-6-11 or anchored to a permanent foundation and is connected to the required utilities.
   MOBILE HOME PARK. A parcel of land containing two or more spaces, with required improvements and utilities, leased for the long-term placement of mobile homes.
   MOBILE or MANUFACTURED HOME SITE. A parcel of land intended to accommodate one mobile or manufactured home.
   NURSING HOME. A facility licensed for the long-term inpatient care of the aged or infirm.
   OUTDOOR SALES. The display and sale of products and services primarily outside of a building or structure. Outdoor retail sales uses include but are not limited to boat sales, farm equipment sales, flea markets, auctions, lumber yards, and landscaping materials sales.
   PERSONAL CARE SERVICES. Facilities that offer supervision, assistance, and activities for special populations. Uses include but are not limited to day care centers for children or adults, children's homes, nursing homes, senior centers, and neighborhood social centers.
   PERSONAL SERVICES. Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. These uses include but are not limited to laundry, dry cleaning, beauty or barber ships, diaper service, and shoe repair.
   PRINCIPAL BUILDING. A building in which the principal use of the lot on which it is located is conducted, including a building that is attached to such a building in a substantial way, such as by a roof (with respect to residential uses, it means the main dwelling).
   PROCESSING. An operation or series of operations, usually in a continuous and regular action or succession of actions in which there is a chemical transformation of materials or substances into new products.
   PROCESSING AND WAREHOUSING. A place where materials are stored, combined, broken down, or aggregated for transport, shipment or storage and where the original material is not chemically or physically changed.
   RECREATIONAL FACILITY. A place designed and equipped for the conduct of sports and leisure-time activities.
   RECREATIONAL FACILITY, PRIVATE. A recreational facility operated by a commercial enterprise or by a nonprofit organization.
   RECREATIONAL FACILITY, PUBLIC. A recreational facility owned or operated by a unit of government, a recreational facility included in a subdivision approved by the Plan Commission and operated for the benefit of all of the lot owners in the subdivision.
   RECREATIONAL VEHICLE. A vehicular-type portable structure without permanent foundation that can be towed, hauled, or driven. It may be designed as temporary living accommodations and used for recreational, camping, and travel use. Recreational vehicles include, but are not limited to truck trailers, truck campers, pop-up tents, boats, jet skis, personal watercraft, snowmobiles, camping trailers, and self propelled campers.
   RELIGIOUS FACILITY. A structure or place in which worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are held. This definition includes a parochial school.
   RETAIL SERVICES. Establishments primarily engaged in the sale of everyday household and consumer goods, including but not limited to drugstores, variety stores, book and stationery stores, newsstands, candy and ice cream stores, grocery stores, florist, gift, antique, art, music, toy and hobby shops, package liquor stores, paint and wallpaper stores, jewelry stores.
   RETAIL SALES, OUTDOOR. The display and sale of products and services outside of a building or structure commensurate with indoor sales activities. Outdoor retail sales uses include but are not limited to automobile sales, lawn and garden equipment sales, and home improvement materials sales.
   RETAIL USE, BIG BOX. A single retail establishment containing 75,000 square feet or more.
   RETAIL USE, GENERAL. An establishment primarily engaged in the sale of goods or provision of services to the general public, including but not limited to department stores, furniture, carpet, interior decorating, upholstering, furrier, and office supply stores; restaurants and catering establishments; hotels, taverns and nightclubs; and storage, processing and/or conditioning when incidental to any of these uses.
   ROOMING HOUSE. A dwelling or part thereof in which, for compensation, lodging or lodging and meals are provided to at least three and not more than ten non-transient persons.
   SELF-STORAGE FACILITY. A structure containing separate, individual, and private storage spaces of varying sizes leased or rented to individuals for varying periods of time.
   SETBACK. The distance between a building and any lot line.
   SETBACK LINE. The line that is the required minimum distance from any lot line and that establishes the area within which the building or structure must be erected or placed.
   STORAGE, MAJOR. A distribution facility or a warehouse operated primarily for a specific commercial establishment or group of establishments in a particular industry or field. It also means any outdoor storage area associated with a business, industry, or institution.
   STORAGE, MINOR. The keeping of goods or materials associated with a principal use, incidental and subordinate to the principal use, and on the same premises with the principal use; or a self-storage facility.
   STREET. A right-of-way dedicated or otherwise legally established for public use, 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 or other appropriate name. A street may also be classified according to function as follows:
      (1)   Expressways are limited-access highways that carry large volumes of traffic and are of more importance regionally than locally. They provide continuous, high-speed traffic flow.
      (2)   Arterial streets are high-capacity, high-volume streets that provide access to and through the county. The primary function of these streets is traffic movement, not access to property.
      (3)   Collector streets are medium-volume roads that collect and distribute traffic from lower-classification streets to arterials and expressways or activity centers. Traffic movement on these roads is a higher priority than access to property.
      (4)   Local streets are medium-volume roads that form the majority of the county road network. Often they are part of the numbered county road system and are typically longer than subdivision streets. While in some cases these streets may provide direct access to property, their primary function is traffic movement.
   STRUCTURE. Anything constructed or erected on the ground or having a fixed location on the ground or attached to something having a fixed location on the ground, including but not limited to buildings, factories, sheds, detached garages, cabins, mobile homes, manufactured homes, freestanding signs, and other similar items.
   TOWNHOUSE. A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, not unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
   TRAVEL-ORIENTED BUSINESS. An establishment catering to the traveling public, such as a hotel, motel, restaurant, fast-food restaurant, automobile service station or similar use.
   WAREHOUSE. A building used primarily for the storage of goods and materials.
   WASTE DISPOSAL FACILITY. A tract of land that is used to store or process materials that are discarded by households, businesses, industries, or other entities. Waste includes both recyclable and non-recyclable materials.
   YARD. An open space that lies between the principal building or buildings and the nearest lot line. The minimum required yard as set forth in the ordinance is unoccupied and unobstructed from the ground upward except as specifically provided in this chapter.
      (1)   Front yard means a space extending the full width of the lot between any building and the front lot line and measured perpendicular to the building at the closest point to the front lot line.
      (2)   Rear yard means a space extending across the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line.
      (3)   Required yard means the open space between a lot line and the yard line within which no structure shall be located except as provided in this chapter.
      (4)   Side yard means a space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building.
   ZONE LOT. A parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage, and use, and that can provide such yards and other open spaces as required by this chapter.
(Ord. 17, 2006, passed 11-27-2006)