§ 153.004 DEFINITIONS.

(B) 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; and the word “shall” is mandatory and not discretionary.

ABANDONED VEHICLE. Includes the following.

(a) A vehicle located on public property illegally;

(b) A vehicle left on public property without being moved for three days;

(c) 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;

(d) A vehicle that has remained on private property without the consent of the owner or person in control of that property for more than 48 hours;

(e) A vehicle from which the engine, transmission, or differential has been removed or that is otherwise partially dismantled or inoperable and left on public property;

(f) 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 than this chapter if the impounded vehicle is not claimed or redeemed by the owner or the owner’s agent within 15 days of the vehicle’s removal; or

(g) A vehicle that is at least six-model years old, mechanically inoperable, and is left on private property continuously in a location visible from public property for more than 30 days. See I.C. 9-13-2-1, “abandoned vehicle”.

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, incidental equipment, and public telephone booths.

ADULT ARCADE, INCLUDING PEEP SHOWS. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled image-producing devices are maintained to show images to five or fewer viewers at one time, and where the images so displayed are distinguished or characterized by the depicting or describing of special sexual activities or specified anatomical areas.

ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE. A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration, any one or more of the following:

(a) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, or video reproductions, slides, or other visual representations which depict or describe specified sexual activities, or specified anatomical areas; or

(b) Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities, and

(c) Exclusion: commercial establishments shall not be considered to be an ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE, and shall not be required to obtain a special exception under § 153.023 where:

1. The commercial establishment rents or sells the material set forth above exclusively for off-premises use by the customer; and

2. A substantial portion of its business is not in selling or renting the material set forth above.

ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:

(a) Persons who appear in an state of nudity, or semi-nudity;

(b) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

(c) Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction of specified sexual activities or specific anatomical areas.

ADULT DANCE STUDIO. Any establishment or business which provides for members of the public a partner for dance where the partner is nude or semi-nude or where the partner, or the dance, is distinguished or characterized by the emphasis on matter depicting, or describing or relating to specified sexual activities or specified anatomical areas.

ADULT HOTEL OR ADULT MOTEL. A hotel or motel or similar commercial establishment which:

(a) Offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, computer software, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually-oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets, or leaflets, radio, or television;

(b) Offers a sleeping room for rent for a period of time less than ten hours; or

ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized or distinguished by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

ADULT THEATERS. A theater, concert hall, auditorium, or similar commercial establishment, which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities, acts of human masturbation, sexual intercourse, or sodomy; fondling or other erotic touching of human genitals, pubic region, buttock, or female breast,

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 human’s use and their disposal by marketing or otherwise. In this broad use, it includes farming, 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 lands, and which is less than 30 feet in width.

ALLEY LINE. A lot line bordering on an alley.

APARTMENT. A building or portion thereof designed for or occupied by more than two families. Also, a MULTI-FAMILY DWELLING.

ARTIFICIAL LAKE. A human-made body of water fed by a watercourse.

ASSESSED VALUATION. The monetary value placed on a property and/or building as established by the assessor with authority over the jurisdiction of this chapter.

AUCTION USE. A building or any specific closed or open area where merchandise is assembled and sold by a form of sale 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 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.

BED AND BREAKFAST. A residential dwelling with a character other than a hotel or motel compatible with the neighborhood providing temporary lodging generally for less than two weeks to guests for a per night charge, in five or fewer guest rooms, providing breakfast daily for guests, and a manager residing on the premises, but not providing the accessory uses normally associated with a hotel.

BLOCK. A unit of 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 OF COUNTY COMMISSIONERS. The Board of County Commissioners of Switzerland County, Indiana.

BOARD OF ZONING APPEALS. The Switzerland County Area Board of Zoning Appeals.

BOARDING HOUSE. An essentially private residence not open to transients which provides a private room and bathroom access and meals cooked on the premises and/or kitchen access to boarders for a comprehensive (meals included) weekly or monthly charge; provided, that rooms are limited to one boarder per room and the total rooms available to boarders does not exceed four. (Note: if the rooms are available on a nightly-charge basis or if there is a separate charge for meals served on the premises, the facility is a motel or hotel or bed and breakfast.)

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, ENCLOSED. A building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

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 COMMISSIONER. The official designated by the Board of County Commissioners of Switzerland County and authorized to enforce the Building Code. The BUILDING COMMISSIONER may also be the EXECUTIVE DIRECTOR.

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 Commissioner 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.

CARPORT. An open-sided roofed automobile shelter usually formed by extension of a roof from the side of a building.

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 car wash facility when the operation is equivalent in intensity to a mechanized car wash.

CEMETERY. Land used 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 Executive Director stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of the chapter.

CHARITABLE INSTITUTION.A building or group of buildings devoted to public service and supported by a nonprofit organization.

CLINIC. A facility for human ailments operated by a group of physicians, dentists, chiropractors, or other licensed practitioners for the treatment and examination of outpatients for the care, diagnosis, and treatment of sick, ailing, infirm, or injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room or kept overnight on the premises. A CLINIC shall include laboratory facilities in conjunction with normal clinic services, but shall not include in-patient care.

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.

COMMERCIAL GREENHOUSE. A building used for the growing of plants, all or part of which are sold at retail or wholesale.

COMMERCIAL RECREATIONAL FACILITY. Any area of land, buildings, and/or facilities used or intended for recreational purposes and operated for remuneration.

COMMISSION, or PLAN COMMISSION, or AREA PLAN COMMISSION. The Switzerland County Area Plan Commission.

COMMON AREA. Areas within a development that serve either a portion of or the entire development. (Example COMMON AREAS: signs; lighting; landscaping; maintenance shed; and the like).

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 I.C. 36-7-4.

CONDOMINIUM. One or more structures, each structure having two or more dwelling units or other units for occupancy, wherein provisions have been made for separate ownership of each individual dwelling unit or occupancy unit. A type of ownership.

CONFINED FEEDING OPERATION.

(a) An operation involving the confined feeding of animals for food, fur, or pleasure purposes in lots, pens, ponds, sheds, or buildings where food is supplied to the animals only by means other than grazing.

(b) The term CONFINED FEEDING OPERATION means:

1. Any confined feeding of 300 or more cattle, 600 or more swine or sheep, and 30,000 or more fowl;

2. Any animal feeding operation electing to come under the provisions of I.C. 13-1-5.7; or

3. Any animal feeding operation that is causing a violation of I.C. 13-1-3 or any rules of the State Water Pollution Control Board.

RESTRICTED COMMERCIAL FARM ENTERPRISE.

CONFORMING BUILDING OR STRUCTURE. Any building or structure which:

(a) Complies with all the regulations of this chapter or of any amendment hereto governing the zoning district in which such building or structure is located; or

(b) Is designed or intended for a conforming use.

COOPERATIVE. A type of ownership characterized by collective ownership of an object by an organization whose members share in the profits or other benefits of said collective ownership.

COUNCIL or TOWN COUNCIL. The Town Council of the Town of Vevay, Indiana, or the Town Council of the Town of Patriot, Indiana.

COUNTY. Switzerland County, Indiana.

DAY CARE CENTER, CHILD DEVELOPMENT CENTER, or DAY NURSERY. 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 child care centers, pre-schools, kindergarten, nursery schools, and similar programs and facilities for infants and children, but does not include “educational institutions”. See definition 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.

(a) Specific plans for the residential, commercial, or industrial development or other development of property settling forth certain information and data required by the Plan Commission.

(b) 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, political township, section, and range;

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 and 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 the 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 casements, 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 of 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 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.

DEVELOPMENTAL DISABILITIES RESIDENTIAL FACILITY. A facility that:

1. Provides room and board services only, which are paid for exclusively out of private funds; or

2. 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. 16-14-4.

DISH. The part of the earth station shaped like a saucer or dish.

DISH-TYPE RECEIVING ANTENNA (EARTH STATION OR GROUND STATION). A signal-receiving device, the purpose of which is to receive radio communications, television, data transmission, or other signals from a satellite or satellites in earth orbit. Considered a structure, thus subject to all ordinances relating to structures.

DISPOSAL (OR DISPOSED OF). The discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be entitled into the air or discharged into any waters, including ground waters. See LAND APPLICATION OPERATION.

DISPOSAL FACILITY. A site or plant where solid waste is subject to treatment, storage, recovery, incineration, grinding, composting, collection, or covering by earth.

DISTRICT. A section of the territory within the jurisdiction of the Switzerland 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. DISTRICTS may overlap other DISTRICTS. Also ZONE or ZONE DISTRICT.

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.

DRIVEWAY. The space or area of a lot which is specifically designated and reserved for the movement of motor vehicles within the lot or from the lot to a public street.

DUST-FREE SURFACE. A surface adequately covered in accordance with the current standards of the applicable town or Switzerland County and required to be maintained in good condition at all times.

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.

(a) A single-family dwelling is a detached building designed for or occupied by one family, exclusively.

(b) A two-family dwelling is a detached building designed for or occupied by two families, exclusively.

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.

EFFICIENCY UNIT. A dwelling unit consisting of one principal room exclusive of bathroom, hallway, closets, or kitchen and dining alcove directly off the principal room.

EXECUTIVE DIRECTOR. The official employed by the Switzerland County Area Plan Commission and authorized to enforce the Planning and Zoning Codes of Switzerland County, Indiana, and the Town of Vevay, Indiana, and the Town of Patriot, Indiana.

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 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 Agriculture District, comprising a farm house or farm dwelling built prior to the date of passage of the ordinance comprising this chapter, and/or including accessory buildings essential to the operation of the farm.

FEEDLOT. See CONFINED FEEDING OPERATION. Any area, enclosed or unenclosed, used for the concentrated feeding of livestock, other than grazing.

FENCE. A freestanding device made of metal, masonry, composition, or wood, or any combination thereof, resting on or partially buried in the ground, rising above ground level, and used for confinement, screening protection, or partition purposes.

FENCE, STOCKADE. A fence constructed of vertical wood strips, with no intervening spaces, providing a complete visual barrier.

FINANCIAL INSTITUTION. Any building wherein the primary occupation is concerned with such federal- or state-regulated businesses as banking, savings and loans, loan companies, and investment companies.

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;

(a) Sale and servicing of spark plugs, batteries, and distributors and distributor parts;

(b) Tire servicing and repair, but not recapping or regrooving;

(c) 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;

(d) Radiator cleaning and flushing;

(e) Washing and polishing, and sale of automobile washing and polishing materials;

(f) Greasing and lubrication;

(g) Providing and repairing fuel pumps, oil pumps, and lines;

(h) Minor servicing and repair of carburetors;

(i) Adjusting and repairing brakes;

(j) Emergency wiring repairs;

(k) Minor motor adjustments not involving removal of the head or crankcase or racing the motor;

(l) Sales of cold drinks, packaged foods, ice, tobacco, and similar convenience goods for service station customers, as accessory and incidental to principal operation;

(m) 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; or

(n) Provisions of road maps and other informational materials to customers; provision of restroom facilities. 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.

FLOOR AREA, GROSS. The total area, computed on a horizontal plane, within the outside dimensions of a building. See § 153.022 for application to off-street parking under subsection (D).

FLOOR AREA, NET. The sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls. The term “gross floor area” shall include basement, elevator shafts, and stairwells of each story, floor space used for mechanical equipment with structural headroom of six feet, six inches or more, penthouses, attic space (whether or not a floor has actually been laid providing headroom of six feet, six inches or more), interior balconies, and mezzanines.

FLOOR AREA, NET. The sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls and from the centerline of walls separating two or more buildings. The term NET FLOOR AREA shall include outdoor display areas for the sale, rental, and display of recreational vehicles, boats, and boating equipment; trailers; horticultural items, farm or garden equipment and other similar products; but shall exclude areas designed for permanent uses such as toilets, utility closets, malls enclosed or not, truck tunnels, enclosed parking areas, meters, rooftop mechanical structures, mechanical and equipment rooms, public and fire corridors, stairwells, elevators, escalators, and areas under a sloping ceiling where the headroom in 50% of such area is less than six feet six inches.

FLOOR AREA RATIO. The floor area of the building or buildings on a lot divided by the area of such lot.

FOOT-CANDLE. A unit of illumination. It is equivalent to the illumination at all points which are a one-foot distant from a uniform source of one candle-power.

FRANCHISE or CABLE TELEVISION. Any television distribution system designed to serve any residents within the jurisdiction of this chapter authorized by any local, state, or federal agency.

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 end, 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 portion of the principal building used only for the storage of 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 persons 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.

(a) For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street;

(b) For buildings having walls adjoining more than one street, the overage of the elevation of the sidewalk at the center of all walls adjoining the streets; and

(c) 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.

GREENBELT.The portion of the front yard of the lot which is immediately adjacent and parallel to the right-of-way of a street in the PB District and having a minimum depth of 20 feet.

GREENHOUSE. A structure for the propagation of plant materials and for sale of same.

GROSS AREA. Entire area of project or platted area.

GROSS DENSITY. The total number of dwelling units divided by the gross area in acres.

GROUND FLOOR. The first level of a building that provides outside access by a door.

GROUND FLOOR AREA. The square foot area of a residential 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.

GUEST HOUSE. Living quarters within a detached accessory building located on the same premises with the main residence building for use by temporary guests of the occupants of the main residence building, such quarters having no kitchen facilities or separate utility meters and not rented or otherwise used as a separate dwelling.

HEALTH OFFICER. Any officer of authority, Switzerland County Health Department, and the State Department of Health. Same as COUNTY HEALTH OFFICER, includes COUNTY SANITARIAN.

HEALTH FACILITY.

(a) 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, or homes for the indigent.

(b) 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 applicable sections of the State Code 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; hospitals, 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 clinics 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 tenets of the religious denomination known as the Church of Christ, Scientist.

HOME OCCUPATION or HOME OFFICE USE. 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 Department 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, outpatient 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 such as drug treatment center.

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.

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 the this chapter. A TEMPORARY IMPROVEMENT LOCATION PERMIT is an IMPROVEMENT LOCATION PERMIT authorized by the Switzerland 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 accessways planned in accordance with harmonious principles of architectural and landscape architectural design and industrial management.

INSTITUTION. A nonprofit organization established for public, charitable, educational, or religious purposes such as church, college or university, hospital, or school.

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; used lumber yards and places or yard for storage of salvaged building wrecking and structural steel materials and equipment; but not including establishments where such uses are conducted entirely within a completely enclosed building, and not including establishments for the sale, purchase, or storage of used ears in operable condition, or storage of materials incidental to manufacturing operations.

JURISDICTION OF THE COMMISSION. The unincorporated territory of Switzerland County, Indiana, and the territory within the Town of Vevay, Indiana, and the Town of Patriot, Indiana, the boundaries of which are shown on the zone map, dated 1996; as amended, which includes all of the area over which this chapter is effective.

KENNEL. Any lot on which four or more dogs, or small animals at least four months of age, are kept.

KINDERGARTEN (PRESCHOOL). A school for children primarily between the ages of three and five, providing preparation for elementary school.

LAND APPLICATION OPERATION. An operation in which sludge, waste products, or wastewater generated by industrial, municipal or semi-public facilities, or (septage) from septic haulers, are disposed of by application upon or incorporation into the soil.

LANDSCAPED GREEN AREA. An area which includes live plantings other than grass. The size of planting at the time of installation shall be not less than a minimum of 18 inches width and height for shrubs, a minimum of four to five feet in height for evergreen conifer trees, and a minimum of six to eight feet in height for shade trees.

LANDSCAPING. The improvement of a lot with grass and mounding, shrubs, trees, other vegetation and/or ornamental objects. LANDSCAPING may include pedestrian walks, flowerbeds, retention ponds, ornamental objects such as fountains, statues, and other similar natural or artificial objects designed and arranged to produce an aesthetically pleasing effect.

LIVESTOCK. Any animal which has been domestically raised 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.

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 a single parcel separately described in a deed or plat which is recorded in the office of the County Recorder of Switzerland County, 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, AREA. The horizontally projected useable area of a lot computed exclusive of any portion of a street, existing or proposed.

LOT, CORNER. A lot at the junction of and having frontage on two or more intersecting streets.

LOT COVERAGE. The total ground area of a lot visually expressed as a percentage of the lot area that is covered, occupied, or enclosed by principal and accessory buildings and structures.

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, FRONTAGE. All the property of such lot fronting on a street and as measured between side lot lines.

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, INTERIOR. A lot other than a corner lots or through lot.

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 narrowest frontage of a lot from the street, except in eases 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 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.

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 of Switzerland County, or a parcel of land, the deed to which has been recorded in the office of the Switzerland County Recorder prior to September 8, 1964.

LOT, REVERSED 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 (or in the ease of a curved building line, it is measured tangent to the arc).

MANUFACTURED DWELLING. A dwelling unit, built in a factory and bearing a seal of compliance with Federal Manufactured Housing Construction and Safety Standards Law, or Pub. Law No. 360, Acts of 1971, and constructed prior to October 30, 1992, 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.), or Pub. Law No. 360, Acts of 1971 (I.C. 22-11-1-9), constructed after January 1, 1981, and exceeds 950 square feet of occupied space.

MARQUEE or CANOPY. A roof-like structure of a permanent nature which projects from the wall of a building and may overhang into a required yard.

MASSAGE PARLOR. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with specified sexual activities, or where any person providing such treatment, manipulation, or service related thereto, exposes specified anatomical areas. The definition of “adult businesses” shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a physician, surgeon, chiropractor, or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semi-professional, or professional athlete or athletic team or school athletic program, nor by any state-licensed physical therapist, nor by any state-licensed massage practitioners.

MATERIAL, MATERIAL RELATIVE TO ADULT BUSINESSES. Includes, but not be limited to, accessories, books, correspondence, photographs, prints, drawings, paintings, motion pictures, computer software, and pamphlets, or any combination thereof.

MAXIMUM LOT COVERAGE. The entire lot or parcel which can be developed (buildings, principal or accessory; storage areas; parking lots and other accessory uses).

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:

(a) Designed for long-term occupancy for one or more persons, 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;

(b) Designed to be transported after fabrication on its own wheels, or on flatbed or either trailers or detachable wheels; and

(c) 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 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 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 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.

MOTOR VEHICLE. A passenger vehicle, truck, truck-trailers, or semi-trailer propelled or drawn by mechanical power.

NAMEPLATE. Non-illuminated sign flush with the front of the building indicating the name or address of a building, or the name of an occupant thereof and the practice of a permitted occupation therein.

NATURAL RESOURCES. The Indiana Department of Natural Resources.

NONCONFORMING 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.

NONCONFORMING USE, ILLEGAL. A use of a building, land, or premises existing at the time of the passage of the ordinance comprising this chapter which does not conform to all of the applicable provisions of this chapter, nor those of any ordinance superseded by this chapter.

NONCONFORMING USE, LEGAL. A use of a building, land or premises existing at the time of the passage of the ordinance comprising this chapter which does not conform to all of the applicable provisions of this chapter but did conform to applicable provisions of any ordinance superseded by this chapter.

NUDITY. The showing of the human male or female genitals, pubic area, or buttocks 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. See I.C. 35-45-4.1.

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, garages, 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.

OCTAVE BAND FILTER. An electrical device which separates the sounds in each octave band and presents them to the sound level meter.

OFFICE BUILDING. A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations not involving any equipment other than furniture and document processing and storage facilities.

OFF-SITE PARKING. Parking spaces which are located within the platted area and within reasonable proximity to dwelling units and supportive uses (club house, tennis courts, and the like) which they serve.

ON-SITE PARKING. Parking spaces which are located outside the garage or carport area and are located on the individual driveway.

OPACITY.

(a) A condition which renders material partially or wholly impervious to transmittance of light and causes obstruction of an observer’s view.

(b) For the purposes of these regulations, the following equivalence between OPACITY and Ringelmann shall be employed.

Opacity Percent	Ringelmann
10	0.5
20	1
30	1.5
40	1
60	3
80	4
100	5

OPEN SALES LOT. Land used or occupied for the purpose of buying or selling merchandise stored or displayed out-of-doors prior to sale. Such merchandise includes, but is not limited to, passenger cars, trucks, motorcycles, boats, monuments, mobile homes, and recreational vehicles.

OPEN SPACE. The total horizontal area of a lot excluding the building area, but including parking areas and recreational areas; provided, however, in 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; conservation 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.

OVERLAPPING DISTRICT OR ZONE. An additional zoning classification which establishes additional restrictions on the use of land and overlaps other districts on the zone map.

PARK MANAGEMENT. The person who owns or has charge, care, or control of a mobile home park.

PARK, PUBLIC. A piece of ground kept for ornamental or recreational use, or an area maintained in its natural state as a public property, owned, operated, or endorsed by a governmental unit.

PARKING AREA. An area paved with a hard surface in accordance with specifications set forth in this chapter, 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. 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.

PARTY WALL or COMMON WALL. A single unpierced masonry wall that completely separates two separate dwelling units.

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, COMMISSION, or AREA PLAN COMMISSION or COMMISSION. The Switzerland County Area Plan Commission.

PLAN COMMISSION STAFF. The Executive Director and any other persons the Switzerland County Area Plan Commission has employed to advise them on matters pertaining to planning and zoning.

PLANT NURSERY. The growing of plants outside of a structure, intended for wholesale or retail sale.

PLANTING STRIP. A section of land not less than ten feet in width intended to contain plant materials and for the purpose of creating a visual separation between uses or activities.

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 RECREATIONAL DEVELOPMENT or FACILITY. Any land area and/or facilities used or intended for recreational purposes not open to the general public and operated with or without remuneration charges.

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 U.S. Bureau of the Census.

PROFESSIONAL OFFICE CENTER. An architectural and functional grouping of professional offices and appropriate associated and accessory uses which is the central feature of a site plan composed of building area, parking area, landscaped reservation, and plantation, and other land features appropriate for its use as a professional office enterprise, designed to serve residential neighborhoods. Such center shall conform to the standards and requirements of this chapter.

PROFESSIONAL OFFICE IN RESIDENCE. An office in the dwelling of a member of the following recognized professions: doctor; dentist; lawyer; engineer; and certified public accountant; provided, that the professional service is performed by a member or members of the family occupying such dwelling, that not more than one additional person is employed in rendering such service, that not more than 25% of the gross floor area is devoted to such use, and that there shall not be used any nameplate or sign nor any artificial lighting or any display that will indicate from the exterior that the dwelling is being utilized in part for any purpose other than that of a dwelling.

PROPERTY LINES. Those lines bounding a parcel of land.

PUBLIC FACILITY IMPROVEMENTS AND INSTALLATIONS. Those facilities and installations which are intended to be accepted for maintenance by a governmental authority or public utility.

PUBLIC OR COMMERCIAL SEWAGE OR GARBAGE DISPOSAL PLANT. A facility either publicly or privately owned and operated providing treatment for sewage and/or garbage disposal.

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.

RECEIVER. A television set, radio, communication device, or data input device that utilizes the signals from the earth station.

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.

RESEARCH LABORATORY STRUCTURE. A building for the accommodation of scientific research facilities such as electronics, engineering, chemical, medical, and similar architectural and landscape architectural design.

RESTRICTED COMMERCIAL FARM ENTERPRISE.

(a) 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.

(b) Also, a RESTRICTED COMMERCIAL FARM 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; or

6. Because of the location of its facilities, influence adversely the uses of adjacent properties, either existing or proposed.

RESULTANT DISPLACEMENT. The maximum amount of motion in any direction. It shall be determined by means of any three component (simultaneous) measuring systems approved by the Plan Commission.

RESIDENCE DISTRICT. The R-1 and R-2 zoning district classifications.

RETIREMENT HOME OR HOME FOR THE AGED. Same as HEALTH FACILITY.

RIDING STABLE. Any stable for the housing of horses which is operated for remuneration, hire, sale, or stabling; or, any stable with a capacity of more than four horses which is not related to the ordinary operation of a farm, whether or not such stable is operated for remuneration, hire, sale, or stabling.

RIGHT-OF-WAY. An area of land permanently dedicated to provide light, air, and access.

RINGELMANN NUMBER. The number of the area on the Ringelmann Chart that most neatly 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 1C 7718), May 1, 1967, or any adaption thereof which has been approved. The Chart illustrates graduated shades of gray for use in estimating smoke density. See OPACITY.

ROADSIDE SALES STAND. A structure for the display and sale of agricultural products, with no space for customers within the structure itself.

ROADWAY WIDTH. The paved area of a street measured from back of curb to back of curb.

ROOMING HOUSE. A building which is the primary residence of the owner and in which rooms are provided, for compensation, to three or more, but not exceeding 12 adult persons not related by blood, marriage, or adoption to the owner; or which is not the owner’s residence and which is occupied in its entirely by three or more adult persons not related by blood, marriage, or adoption to each other. The term does not include a hotel, motel, or multi-family dwelling.

ROW HOUSE or TOWNHOUSE. A series of two or more dwelling units, arranged side by side, separated by common walls between living areas, each unit having one or more levels.

SANITARY LANDFILL. A solid waste disposal facility which may include an incinerator, grinder, composting facility, or other State Environmental Protection Agency approved facility other than an open dump or facility for storage of contained liquid or semi-solid waste or gas, including, but not limited to, environmentally harmful chemicals or radioactive materials of any type. See also definition in I.C. 13-7-22-2(b).

SEMI-NUDITY. A state of dress in which clothing covers no more than the genitals, pubic region and/or the female breast, as well as portions of the body covered by supporting straps or devices.

SERVANTS QUARTERS. Living quarters within a portion of a main building, or in an accessory building located on the same lot with the main building, used for servants solely employed on the premises with such quarters not being rented or otherwise used as a separate dwelling.

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).

SEXUALLY-ORIENTED BUSINESS or ADULT BUSINESS. A business or commercial establishment that, as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas or activities when one or more of the persons is semi-nude or in a state of nudity, and as set forth as a special exception use in this chapter. The definition of ADULT BUSINESS shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State of Indiana engages in medically approved and recognized sexual therapy. (Note: the Tri-State Country Club, Inc., is a conforming use and is not included in the definition of an ADULT BUSINESS as it currently exists.)

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.

SIGN. See § 153.096 for definition.

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 a temperature of 1,200°F.

SLUDGE. Any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

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.

SOIL MAP. A National Cooperative Soil Survey prepared by U.S.D.A. Soil Conservation Service in cooperation with Purdue Experiment Station and the Switzerland County Soil and Water Conservation District, showing soil types and composition of their locations.

SOLID WASTE. Any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved material in irrigation return flows or industrial discharges which are point sources subject to permits under § 402 of the Federal Water Pollution Control act, as amended (86 Stat. 880), or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923).

SORORITY, FRATERNITY, or STUDENT COOPERATIVE. A building providing sleeping and living accommodations for a number of usually unrelated persons and usually associated with an educational institution.

SPECIAL EXCEPTION. Permission for a conditional use of land which is granted because certain conditions will be met. This chapter specifies what these uses may be. See § 153.014 for definitions and requirements.

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 educational requirements expressly or implicitly do not apply.

SPECIFIED ANATOMICAL AREAS. Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and human male genitals in a discernable turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES. Includes any of the following:

(a) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;

(b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

(d) Human genitals in a state of sexual stimulation, arousal, or tumescence; or

(e) Excretory functions as part of or in connection with any of the activities set forth in divisions (a) through (d) of this definition.

STADIUM or COLISEUM. An amphitheater, large theater, or other such facility used for public meetings, sports, exhibitions, and the like.

STORAGE. The existence of any stock, vehicles, equipment, or materials enclosed or unenclosed for a period of more than 72 hours and not for retail or wholesale display or sale.

STORAGE WAREHOUSE. An enclosed structure used as a place for storage of goods or property.

STORY. The portion of a building, included between the surface of 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.

STRUCTURE. Anything constructed or installed or portable, the use of which requires a location on a parcel of land. It includes a movable structure which is located on land which can be used for housing, business, commercial, agricultural, or office purposes, either temporarily or permanently. STRUCTURE also includes billboards, swimming pools, poles, pipelines, transmission lines, tracks, and advertising signs, whether located on a rock, tree, separate structure, or part of another STRUCTURE.

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.

SUBDIVISION. The division of land parcels as defined in Ch. 81 of the code of ordinances of Switzerland County, Indiana, the Town of Vevay, Indiana, or the Town of Patriot, Indiana.

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 single-family building owned and occupied by a person renting out not more than three rooms for overnight accommodation for compensation to transient persons who do not stay for more than seven consecutive days.

TOWN. The Town of Vevay, Indiana or the Town of Patriot, 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 nonprofit organization; or a school conducted as a business enterprise for leaching instrumental music, dancing, barbering, or hair dressing, drafting or for the teaching of industrial or technical arts.

TRANSFER OF OWNERSHIP or CONTROL OF AN ADULT BUSINESS. Includes any of the following:

(a) The sale, lease, or sublease of the business;

(b) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

(c) The establishment of a trust, gift, or other similar legal devise which transfers ownership or control of the business.

TURNAROUND. A space on private property that permits the turning around of any passenger vehicle without the necessity of using any public right-of-way to turn around.

USE. The employment or occupation of a building, structure, or land for service, benefit, or enjoyment by a person.

USE, NONCONFORMING. See NONCONFORMING USE.

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.

VETERINARY HOSPITAL. A facility for the practice of veterinary medicine with or without provisions for the boarding of animals.

VIBRATION. Oscillatory motion transmitted through the ground.

VIEWING BOOTH. Any portion of an adult business which portion is:

(a) Partially enclosed;

(b) Has a floor area of less than 150 square feet; and

(c) Is designed for viewing films, motion pictures, video cassettes, computer displays, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

VISION CLEARANCE ON CORNER LOTS. Also, INTERSECTION VISIBILITY.

(a) 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.

(b) 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.

WASTE PRODUCTS. Materials, which are not considered sludge or wastewater under (327 I.A.C. 6), but are generated as waste in the production process and may be disposed of through application upon or incorporation into the soil.

WASTEWATER. Discarded pollutant-bearing water or other liquid waste which is generated by industrial, municipal, or semi-public facilities.

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) 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 fire-proof outside stairways, projecting not more than four feet, and certain accessory uses in accordance with the provisions of this chapter.

(b) 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. A map entitled “Zone Map, Switzerland County, and the Town of Vevay, Indiana, and Patriot, Indiana”, dated 1996, and any amendments thereto.

(Ord. passed - -1996)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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