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The definitions contained in this section shall be observed and applied in the interpretation of all sections of this appendix, except where the context clearly indicates otherwise. Furthermore, words used in the present tense shall include the future; words used in the singular number shall include the plural and the plural the singular; words used in the masculine gender shall include the feminine.
The following terms appearing in this appendix shall have the following meanings:
ABANDONMENT. The relinquishment of property or a cessation of the use of the property for a continuous period of one year by the owner with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property.
ACCESSORY BUILDING OR STRUCTURE. A building or structure which:
1. Is subordinate to a primary building or structure in area, intent, and/or purpose;
2. Contributes to the comfort, convenience, or necessity of occupants of the primary building, structure, or primary use;
3. Does not alter or change the character of the premises;
4. Is located on the same zoning lot as the primary building, structure, or use;
5. Conforms to the setback, height, bulk, lot coverage, and other requirements of this appendix unless otherwise provided for by this appendix;
6. May not be constructed prior to the time of construction of the primary building or structure; and
7. Is not designed for human occupancy as a dwelling or commercial use.
ADECIBEL (dbA). A unit, expressed in logarithmic scale, for measuring the relative intensity of sounds, ranging from 0 to 130, for the average pain level experienced by the human ear.
ADULT BOOKSTORE. An establishment having as a majority of its stock in trade or its dollar volume in trade, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas.
ADULT CARE CENTER. A building, other than the operator's primary place of residence, where adults receive care from a primary provider: (1) While unattended by a relative, legal guardian, or custodian; (2) For regular compensation; and (3) For more than four hours but less than 24 hours in each of ten consecutive days per year, excluding intervening Saturdays, Sundays and holidays. It is intended that adult care centers be classified as commercial uses, and be located in commercial zoning districts.
ADULT CARE HOME. A residential structure, which is the primary residence of the adult care provider, in which more than six but less than 12 adults not related to the provider receive day care for regular compensation.
ADULT ENTERTAINMENT BUSINESS. An adult bookstore, adult motion picture theater, adult cabaret, or adult live entertainment arcade, or like uses which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas.
ADVISORY PLAN COMMISSION. A planning commission serving a single local government jurisdiction established as defined under I.C. 36-7-102. The Waterloo Plan Commission is an Advisory Plan Commission.
AGRICULTURE. The use of land for agriculture purposes, including farming, dairying, pasturage, apiculture, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any accessory uses shall be secondary to that of the normal agricultural activities. AGRICULTURE shall not include feed lots, stockyards, or the commercial feeding of garbage or offal to swine or other animals.
ALLEY. A public or private right of way less than 20 feet in width primarily designed to serve as a secondary access to the side or rear of those properties whose principal frontage is on some other street.
ALLEY LINE. A lot line bordering on an alley.
ANIMAL HOSPITAL/CLINIC. See VETERINARY ANIMAL HOSPITAL/CLINIC.
ANIMAL SHELTER. See KENNEL.
ANNEXATION. The process by which a municipality may add territory to itself, as specified in I.C. 36-4-3-1 to 36-4-3-22, as amended.
ANTENNA. A structure or device that is used for the purpose of receiving and/or transmitting signals, images, sounds, or information of any nature by radio, visual, or electromagnetic waves, including but not limited to directional or omnidirectional antennas, panels, and microwave or satellite dishes.
APARTMENT. One or more rooms in a residential building or combination of residential and commercial building, arranged, intended, designed, or occupied on a rental basis as a dwelling unit of a single family, an individual, or a group of individuals.
APARTMENT BUILDING. See DWELLING, MULTI-FAMILY.
APPLICANT. The owner, owners, or legal representative of real estate who makes application to the Waterloo Plan Commission and/or Board of Zoning Appeals for action by said Commission or Board affecting the real estate owned thereby.
ARTERIAL STREET. See STREET, PRIMARY ARTERIAL.
ASSISTED LIVING. See SENIOR CITIZEN HOUSING.
ATTACHED BUILDING. A building that is structurally connected to another building by a foundation, wall, or roofline. Carports, garages, porch awnings and the like shall be considered attached buildings and abide by all regulations pertaining to primary buildings.
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.
AUTO REPAIR, MAJOR. Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame, or fender straightening or repair; and overall painting of vehicles.
AUTO REPAIR, MINOR. Incidental repairs, replacement of parts, and motor service to automobiles but excluding any operation specified under AUTOMOBILE REPAIR, MAJOR.
AUTOMOBILE SERVICE STATION. Any building or premises used for the dispensing, sale, or offering for sale at retail to the public, automobile fuels stored only in underground tanks and located wholly within the lot lines, and/or lubricating oil or grease for the operation of automobiles, and/or the sale and installation of tires, batteries, other minor accessories, and/or minor auto repair (not including a bulk plant, conducting of major auto repairs, automobile wrecking, automobile sales).
AUTOMOBILE WRECKING YARD. Any place where two or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building, or structure used for wrecking or storing of such motor vehicles or parts thereof, and including any used farm vehicles or farm machinery, or part thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods, articles or merchandise.
BAR/TAVERN. An establishment primarily for the sale or dispensing of alcoholic beverages by the drink, bottle, can or other container.
BASE FLOOD ELEVATION. See REGULATORY FLOOD.
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 purposes of height measurement.
BED AND BREAKFASTS, HOME STAY. A small establishment, having one to three bedrooms for rent to transients as an activity which is subordinate and incidental to the main residential use of the building. These are generally treated as tourist homes.
BED AND BREAKFAST INNS. Establishments ranging from four to 20 guestrooms and may include restaurants that cater to the general public as well as to overnight guests. These are treated as commercial enterprises.
BICYCLE LANE. A lane at the edge of a roadway reserved and marked for the exclusive use of bicycles.
BILLBOARD. See SIGN, OUTDOOR ADVERTISING.
BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or town boundary lines.
BOARD OF ZONING APPEALS. The Waterloo Board of Zoning Appeals or any division thereof.
BOAT SALES, SERVICE, AND STORAGE. The use of any building or land area for the display and sale of new or used boats, boat trailers and accessories, and including any vehicle preparation or repair work conducted as an accessory use.
BOND. Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Plan Commission. All bonds shall be approved by the Commission wherever a bond is required by these regulations.
BUFFER LANDSCAPING. Any trees, shrubs, walls, fences, berms or related landscaping features required under this appendix or the subdivision regulations to be placed on private property and privately maintained or in public rights-of-way for the purpose of buffering lots from adjacent properties, for aesthetic purposes, and/or for creating sound barriers and/or visual privacy.
BUILDING. Any roofed structure built for the support, shelter, enclosure or protection of persons, animals, chattels or moveable property of any kind (each part of such a structure that is separated from the rest by unbroken party walls is considered to be a separate building for the purposes of this appendix.
BUILDING AREA. The maximum horizontal projected area of the principle and accessory building, excluding open steps or terraces, unenclosed porches not exceeding one story in height, or architectural appurtenances projecting not more than two feet.
BUILDING CODE. The town ordinance and appropriate state or federal building code(s) establishing and controlling the standards for constructing mechanical equipment, and all forms of permanent structures and related matters within the town.
BUILDING, DETACHED. A building having no structural connection with another building.
BUILDING, HEIGHT. 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, PRIMARY. A building in which is conducted the main or primary use of the lot on which said building is situated. Where a substantial part of an accessory building is attached to the primary building in a substantial manner, as by a roof, such accessory building shall be counted as part of the primary building.
BUILDING SETBACK LINE. The line nearest the front of and across a lot establishing the minimum open space to be provided between the front line, at the foundation, of a building or structure and the front lot line.
BUSINESS. 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.
BZA. See BOARD OF ZONING APPEALS.
CAMPGROUND. Any site, lot, field or tract of land under single ownership, or ownership of two or more people, designed with facilities for short term occupancy by recreational vehicles and other camping equipment but not including mobile homes.
CAPITAL IMPROVEMENT PLAN. A proposed schedule of future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project. Major projects requiring the expenditure of public funds, over and above the annual local government's operating expenses, for the purchase, construction, or replacement of the capital improvements for the community are included.
CAR WASH. Any permanent structure or facility used for the primary purpose of washing, cleaning, or polishing the exterior and/or interior of motor vehicles for a fee.
CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes, including but not limited to columbarium, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.
CERTIFICATE OF COMPLIANCE. An occupancy permit, as cited in I.C. 36-7-4-801 and 36-7-4-802. A certificate of compliance is commonly understood to be final approval resulting from satisfying all the terms of the applicable permits.
CERTIFICATE OF OCCUPANCY. A certificate stating that the occupancy and use of a building or structure complies with the provisions of this appendix and the Waterloo Building Code.
CHILD CARE. Custodial, supervisory, recreational or institutional care, designed to supplement parental care, given children (other than the provider's), who are under 11 years old. Childcare facilities are either licensed by the State or exempted from licensing requirements. CHILD CARE does not include: public or parochial schools, baby-sitting, day camps, summer camps, foster homes, group homes or cooperative reciprocating care by a group of parents in their own homes. See CHILD CARE, ACCESSORY, CHILD CARE CENTER, CHILD CARE HOME.
CHILD CARE, ACCESSORY. An occupant's use of a dwelling to provide child care for five or fewer children at any time for less than 24 hours a day. The State exempts this use from licensing requirements.
CHILD CARE CENTER. A state licensed (or exempted) facility in a nonresidential structure where at least one child receives child care from a provider: (1) while unattended by a parent, legal guardian, or custodian; (2) for regular compensation; and (3) for more than four hours but less than 24 hours in each of ten consecutive days per year, excluding intervening weekends, and holidays. (I.C. 12-7-2-28.4)
CHILD CARE HOME. A residential structure in which at least six children (not including the children for whom the provider is a parent, stepparent, guardian, custodian; or other relative) at any time receive child care from a provider: (1) while unattended by a parent, legal guardian, or custodian; (2) for regular compensation; and (3) for more than four hours but less than 24 hours in each of ten consecutive days per year, excluding intervening weekends, and holidays. (I.C. 12-7-2-28.4)
CHURCH. A building or structure that, by design and construction, is primarily intended for conducting organized religious services and associated accessory uses.
CLUB. Buildings and facilities owned or operated by a person for social, educational, or recreational purpose, but not primarily for profit or to render a service, which is customarily carried on as a business.
COLLECTOR STREET. See STREET, COLLECTOR.
COMMERCIAL. See BUSINESS.
COMMUNICATIONS TOWER. A structure on which one or more antenna will be located that is intended for transmitting and/or receiving radio, television, telephone, wireless or microwave communications for an FCC licensed carrier, excluding those used exclusively for private radio and television reception, and private citizen's bands, amateur radio and other similar private/residential communications. (Further regulations/definitions are included in Section 4, Additional Development Standards of this Appendix.)
COMPATIBLE/INCOMPATIBLE. A compatible land use situation is presented when a use is suitable for direct association with certain other uses because of consistency with the intent of zoning district, similar or comparable characteristics, and incompatible land use situation is presented when a use is unsuitable for direct association with certain other uses because it is contradictory, incongruous or discordant.
COMPREHENSIVE PLAN. Refers to the Waterloo Comprehensive Plan. The plan includes goals, objectives and strategies for land use, growth management, transportation/thoroughfares, community facilities and services, environment concerns, infrastructure, aesthetics and identity, economic development, and parks and recreation. The plan was developed and adopted by the Commission pursuant to the I.C. 36-7-4-500 series and includes any part and/or policies separately adopted and any amendment to such plan and/or policies, or parts thereof.
CONDITION OF APPROVAL. Stipulations or provisions set forth by the Board of Zoning Appeals or Plan Commission required as a prerequisite for approval of a petition.
CONDOMINIUM. Real estate lawfully subject to I.C. 32-1-6 (1-31), (the Horizontal Property Law), by the recordation of condominium instruments, in which undivided interests in the common areas and facilities are vested in the condominium unit owners.
CONSTRUCTION PLAN(S). See IMPROVEMENT PLAN(S).
CONSTRUCTION TRAILER. A manufactured mobile unit without cooking or bathroom facilities, not designated for dwelling purposes, used as a temporary office or other similar use.
CORRECTIONAL and PENAL INSTITUTIONS. A state or federal prison for those convicted of serious crimes.
COUNCIL. The Town Council of the Town of Waterloo, Indiana County - DeKalb County, Indiana.
CONVENIENCE STORE. Any commercial location, facility, or structure where gasoline and groceries (including food, drink and household items) are sold on the same premises.
COVENANTS. Private and legal restrictions of various kinds on the usage of lots, typically within a subdivision and applied by the sub divider. In the case of public health, safety and welfare, covenants may be applied by the Commission, that are recorded with the plat and deed. Covenants can also be placed on commercial and industrial developments. Unless specifically agreed to, covenants are not enforceable by the Plan Commission or its designees. However, they are enforceable in civil court by interested or affected parties.
CUL-DE-SAC. A short street having one end open to traffic and being permanently terminated by a vehicular turnaround.
CULVERT. A structure designed to convey a watercourse not incorporated in a closed drainage system under a road or pedestrian walk.
CURB. A vertical or sloping edge of a roadway.
CURB, BARRIER. A steep-faced curb intended to prevent encroachments.
CURB, MOUNTABLE. A low curb with a flat slope designed to be crossed easily without discomfort.
DEDICATION. The setting apart of land or interests in land for use by the municipality or public by ordinance, resolution, or entry in the official minutes as by the recording of a plat.
DENSITY. The number of buildings, offices, or housing units on a particular area of land.
DENSITY, HIGH. Those residential districts in which the density is in excess of eight dwelling units per acre.
DENSITY, LOW. Those residential districts in which the density is equal to or less than dwelling units per acre.
DENSITY, MEDIUM. Those residential districts in which the density is less than or equal to eight dwelling units per acre, but no less than five dwelling units per acre.
DETENTION BASIN. A man made or natural water collector facility designed to collect surface and subsurface water in order to impede its flow and to release the same, gradually, at a rate not greater than that prior to the development of the property, into natural or man made outlets.
DEVELOPER. The owner or legal representative of land proposed to be subdivided or commercially/industrially utilized. Consent for making applications for development approval shall be required from the legal owner of the premises.
DEVELOPMENT PLAN. A drawing, including a legal or site description of the real estate involved, which shows the location and size of all existing and proposed easements; widths and lengths of all entrances and exits to and from said real estate location of all adjacent or adjoining streets; all of which presents a unified and organized arrangement of buildings and service facilities and other improvements such as planting areas, which shall have a functional relationship to the real estate comprising the planned development and to the uses of properties immediately adjacent to the proposed development.
DOMESTIC PETS. Animals commonly used as household pets, protection, companions, and for the assistance to disabled persons. Domestic pets shall include animals that are cared for and treated in a manner acceptable for pet dogs, cats, and birds. Domestic pets shall include, but not be limited to, dogs, cats, parakeets, parrots, finches, lizards, spiders, guinea pigs, hamsters, gerbils, rats, mice, rabbits, aquarium fish, pot belly pigs, ferrets, and snakes if cared for in the manner described above.
DRIVEWAY. A surfaced area intended solely for the purpose of accessing a garage or parking area, other than an aisle serving as direct access to a row of parking spaces.
DUPLEX. See DWELLING, TWO- FAMILY.
DWELLING. A building or structure or portion thereof, conforming to all requirements applicable to the district in which it is located, all building codes, and is used exclusively for residential occupancy, including single-family dwelling units, two-family dwelling units, and multi-family dwelling units, but excluding hotels, motels, boarding houses, and lodging houses.
DWELLING, MULTI-FAMILY. A residential building designed for or occupied by three or more families or unrelated households, with the number of families or unrelated households in residence not exceeding the number of dwelling units provided.
DWELLING, SINGLE-FAMILY. A detached residential dwelling unit designed for and occupied by one family. A single-family dwelling shall be at least 23 feet wide for 60% of its length.
DWELLING, TWO-FAMILY. A residential building containing two dwelling units designed for occupancy by not more than two families.
EASEMENT. An authorization or grant made by a property owner for use by another of any designated part of the owner's property for a clearly specified purpose and officially recorded.
ENVIRONMENTAL CONSTRAINTS. Features, natural resources, or land characteristics that are sensitive to improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment, or may require limited development, or in certain instances may preclude development.
FARM. A tract of land comprising of an area which is devoted to agricultural operations, including but not limited to: forestry; the growing of crops; pasturage; the production of live stock and poultry; the growing of trees, shrubs and plants' and other recognized agricultural pursuits and including accessory buildings essential to the operation of the farm. Accessory buildings may include barns; equipment and animal sheds; farm residences for the owner, operator or farm assistants' roadside sales structures 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 ANIMALS. Animals commonly used for transportation, food, skins, and other by-products. Farm animals include, but are not limited to, horses, cattle, pigs, sheep, goats, mules, donkeys, miniature horses, miniature donkeys, camels, emu, ostrich, llamas, alpacas, rabbits, mink, fox, buffalo, chickens, turkeys, quail, pheasants, and other animals or fowl of similar characteristics.
FENCE. A man-made structure designed and constructed for enclosing one or more sides of a yard, or a portion of a yard, that is constructed of non-masonry materials.
FILLING STATION. See AUTOMOBILE SERVICE STATION.
FLOOD HAZARD AREAS. Those flood plains which have not been adequately protected from flooding caused by the regulatory flood, and are shown on the zoning map and/or on the Flood Hazard or Floodway Flood Boundary Maps of the Federal Insurance Administration or maps provided to the Commission from the Indiana Natural Resources Commission.
FLOOD PROTECTION GRADE. The elevation of the regulatory flood plus two feet at any given location in the SFHA.
FLOOD, REGULATORY. The flood having a 1% probability of being equaled or exceeded in any given year, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resources Commission and the Federal Emergency Management Agency.
FLOODPLAIN. The channel proper and areas adjoining any wetland, lake or watercourse which have been or hereafter may be covered by the regulatory flood. The floodplain includes both the floodway and the floodway fringe districts.
FLOODWAY. The channel of a river stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream.
FLOODWAY FRINGE. Those portions of the floodplain lying outside of the floodway.
FOUNDATION. The supporting member of a wall or structure.
FREE BURNING. A rate of combustion described by a material which burns actively and easily supports combustion.
FRONT LINE. With respect to a building, the foundation line that is nearest the front lot line.
FRONT LOT LINE.
1. For an interior or through lot, the line marking the boundary between the lot and the abutting street right-of-way or watercourse; and
2. For a corner lot, the line marking the boundary between the side lot line and abutting street.
FRONT YARD. The horizontal space between the nearest foundation of a building to the front lot line, extending to the side lines of the lot, and measured as the shortest distance from that foundation to the front lot line.
FRONTAGE. That part along the street right-of-way line of a single, lot, tract, or development area between the side lot lines of the property. It is that side of a lot abutting a street and ordinarily regarded as the front of the lot.
GARAGE. An attached or detached structure whose primary use is to house motor vehicles or personal property for the accommodation of related dwelling units or related business establishments.
GARAGE, PRIVATE. An accessory building with capacity for not more than three major vehicles of not more than three tons capacity. A garage designated to house one or two motor vehicles for each family housed in a multi-family dwelling shall be classed as a private garage.
GARAGE SALE. See SALE, GARAGE.
GENERAL DEVELOPMENT PLAN. A plan outlining general rather than detailed, development intentions. It describes the basic parameters of a major development proposal, rather than giving full engineering details. As such, it allows general intentions to be proposed and discussed without the extensive costs involved in submitting a detailed proposal
GREENHOUSE, COMMERCIAL. Any location, facility, or structure where plants are grown indoors for sale.
GREENHOUSE, RESIDENTIAL. Any accessory use, structure, or addition to a residential property where plants are grown indoors for hobby, personal use, or personal consumption. Also, any accessory use, structure, or addition to a residential property being primarily constructed of glass or other translucent materials.
GROUND FLOOR AREA. The area of a building in square feet, as measured in a horizontal plane at the ground floor level within its largest outside dimensions, exclusive of open porches, breezeways, terraces, garages, porches, and exterior stairways.
GROUP HOME. A residential facility for a group of individuals (who are not mentally ill or developmentally disabled) having full or part-time supervisory staff providing care, education, social, or counseling services. A retirement facility shall not be included under this definition.
HARDSHIP. A difficulty with regard to one's ability to improve land stemming from the application of the development standards of this appendix, which may or may not be subject to relief by means of variance. In and of themselves, self-imposed situations and claims based on a perceived reduction of or restriction on economic gain shall not be considered hardships. Self-imposed situations include: the purchase of land with actual or constructive knowledge that, for reasons other than physical characteristics of the property, the development standards herein will inhibit the desired improvement; any improvement initiated in violation of the standards of this appendix; any result of land division requiring variance from the development standards of this appendix in order to render that site buildable.
HIGH DENSITY. See DENSITY, HIGH.
HISTORIC DISTRICT. An area related by historical events or themes, by visual continuity or character, or by some other special feature that helps give it a unique historical identity, which may be designated as such by a local, state, or federal government.
HOME OCCUPATION #1. The intent of the Home Occupation #1 provisions are to allow minimal (no impact to structure or surroundings) business practices within certain residential zoning districts. Further, the intent is not to allow the loss of the residential district's character or function as a residential area or neighborhood. (Further regulations/definitions are included in Section 4, Additional Development Standards, of this appendix).
HOME OCCUPATION #2. The intent of the Home Occupation #2 provisions are to allow reasonable business practices within certain residential zoning districts. Further, the intent is not to allow the loss of the residential district's character or function as a residential neighborhood or area. (Further regulations/definitions are included in Section 4, Additional Development Standards, of this appendix).
HOTEL. A facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities.
I.C. Abbreviation for Indiana Code.
IMPROVEMENT. Any man made, immovable item which becomes part of, is placed upon, or is affixed to, real estate; facilities which aid in land development.
IMPROVEMENT LOCATION PERMIT. A permit issued under the zoning ordinance prior to receiving a building permit, permitting a person, firm, or corporation to erect, construct, enlarge, alter, repair, move, occupy, use, improve, remove, convert, or demolish any building or structure within its jurisdiction, or the pursuit of changes to the condition of the land.
IMPROVEMENT PLAN(S). The maps or drawings showing the specific location and design of improvements to be installed in accordance with the requirements of this appendix and the Indiana Building Code as a condition of the approval.
INCIDENTAL. A minor occurrence or condition which is customarily associated with a permitted use and is likely to ensue from normal operations.
INDUSTRIAL PARK. A planned industrial district not less than 20 acres in area developed within the industrial zoning district(s), in which buildings and land may be used for research, office, experimental or testing laboratories, light industrial, non-nuisance manufacturing, storage distribution facilities, and other customary uses.
INTENSE BURNING. A rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly.
INTERIOR LOT. See LOT, INTERIOR.
ISLAND. With respect to street design, a raised area, usually curbed, placed to guide traffic and separate lanes, or uses for landscaping, signing, or lighting.
JURISDICTION. See PLANNING JURISDICTION.
JUNK. An automobile, truck, other motor vehicle, large appliances, furniture or like materials which has been damaged to such an extent that it cannot be operated under its own power or used and/or will require major repairs before being made usable. This could also include such a vehicle, which does not comply with state, county, or city vehicle laws or ordinances.
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 slaved 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 therefore.
KENNEL (COMMERCIAL). A place primarily for keeping more than four adult dogs, or other small animals that are ordinarily bred for sale as pets. Also could include temporary care facility for compensation.
KENNEL (PRIVATE). A place for keeping up to four adult dogs, or other small animals for personal use and enjoyment, which is subordinate to the primary, residential use.
LANDSCAPING. The improvements of a lot with grass, shrubs, trees, and other vegetation and/or ornamental objects. LANDSCAPING may include pedestrian walks, flower beds, berms, fountains and other similar natural and man-made objects designed and arranged to produce an aesthetically pleasing effect.
LOCAL STREET. See STREET, LOCAL.
LOT. A parcel, tract, or area of land accessible by means of a street or place that is intended for development uses set forth in this appendix, 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 Recorder of the County, or it may include parts of, or 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 place shall be included.
LOT, CORNER. A lot at the junction of and abutting two or more intersecting streets.
LOT COVERAGE. The area of a zoning lot occupied by the primary building, and any accessory structures.
LOT DEPTH. 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, DEVELOPED. A lot with buildings or structures.
LOT, IMPROVED. A lot upon which a structure or building can be constructed and occupied. The lot shall have frontage on and access to an improved street, meet minimal setbacks, and have all necessary utilities available to the lot such as sewer, water, electricity, etc.
LOT, INTERIOR. A lot other than a corner lot or a through lot.
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 the corner lot a line separating the narrowest frontage of the lot from the street, except in cases where deed/plat 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 that is not a front lot line or a rear lot line.
LOT OF RECORD. A lot which is a part of a subdivision recorded in the office of the County Recorder, or a parcel or lot described by metes and bounds, and a description of what has been so recorded. Lots recorded prior to 2004 are lots of record. All lots proposed for development shall meet all the requirements of this appendix.
LOT WIDTH. The distance between the side lot lines and/or interior lot lines as measured along the front building setback line.
MANUFACTURED HOME. A structure, fabricated in an off-site manufacturing facility, which is transportable in one or more sections and is designed for use as a dwelling with or without a permanent foundation when connected to the required utilities. Such a structure may or may not be built on an integral chassis. The term MANUFACTURED HOME shall not include a RECREATIONAL VEHICLE.
MANUFACTURED HOME, TYPE I. A structure, fabricated in an off-site manufacturing facility for installation or assembly at a building site, which is designed for use as a dwelling, either by itself or in conjunction with other similar units. Typically, a modular home would fall under this definition. To be considered a Type I manufactured home, the structure must:
1. Be constructed in conformance with the Indiana One-and Two-Family Dwelling Code;
2. Consist of two or more sections;
3. Be placed on a continuous, permanent underfloor foundation which is not pierced, except for required ventilation and access;
4. Have siding and roofing material of a type customarily used on dwellings constructed on site;
5. Not be constructed with an integral chassis or permanent hitch; or wheels, axles, or other device allowing transportation; and
6. Be designed to be transported by a trailer or other similar carrier, which is not designed to be permanently attached to the dwelling or remain with it after the structure is placed on its foundation.
7. Be a minimum of 950 square feet.
MANUFACTURED HOME, TYPE II. A structure, fabricated in an off-site manufactured facility for installation or assembly at a building site, bearing a seal certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standards Act (42 USC Section 5401, et. Seq.) or I.C. 22-15-4-1, as may be amended, (as opposed to a Type I manufactured home which is built in conformance with the Indiana One- and Two- Family Dwelling Code). To be considered a Type II manufactured home, the structure must:
1. Contain at least 950 square feet of occupied space per dwelling unit;
2. Be a double or multiple section unit;
3. Be placed on a permanent under-floor foundation installed in conformance with the Indiana One-and Two-Family Dwelling Code, and according to the manufacturer's installation specifications;
4. Have the wheels, axles, and hitch mechanisms removed;
5. Have siding and roofing material of a type customarily used on dwellings constructed on-site;
6. Be connected to all the utilities necessary for the occupancy of the unit, in conformance with the Indiana One- and Two-Family Dwelling Code; and
7. Have been constructed after January 1, 1981.
MANUFACTURED HOME TYPE III. A structure, fabricated in an off-site manufacturing facility, which is transportable in one section and is designed for use as a single-family dwelling. A MOBILE HOME would meet this definition. To be considered a Type III manufactured home, the structure must:
1. Be properly connected to all utilities necessary for the occupancy of the unit; and
2. Be set on piers and properly skirted, with wheels and axles removed, in a manufactured home park.
MANUFACTURED HOME PARK. A parcel of land designed for use by one or more Type II or Type III manufactured homes which provides the infrastructure and utilities necessary for single-family occupancy of those homes.
MANUFACTURED HOME SUBDIVISION. Any site, lot, field, or tract of land under single ownership, or ownership of two or more persons, which is to be divided into smaller sites, lots, fields, or tracts of land, which smaller sites, lots, field or tracts of land are to be sold for the use by the purchaser to place Type II manufactured homes.
MARKER (SURVEY). A stake, pipe, rod, nail, or any other object, which is not intended to be a permanent point for record purposes.
MASTER PLAN. See COMPREHENSIVE PLAN.
MOBILE HOME. See MANUFACTURED HOMES, TYPE III.
MODULAR HOME. See MANUFACTURED HOMES, TYPE I.
MONUMENT (SURVEY). A permanent physical structure, which marks the location of a corner or other survey point.
MOTEL. An establishment providing sleeping accommodations with a majority of all rooms having direct access to the outside without the necessity of passing through a main lobby.
MOTOR HOME. See RECREATIONAL VEHICLE.
MOTOR VEHICLE. Any passenger vehicle, truck, tractor, tractor-trailer, truck-trailer, trailer, or semi-trailer propelled or drawn by mechanical power.
NIGHTCLUB. An establishment dispensing liquor and meals in which music, dancing, or entertainment is provided.
NON-CONFORMING BUILDING. A building, structure, or portion thereof, which was designed, erected, or structurally altered such that it does not conform to the regulations of the district in which it is located.
NON-CONFORMING USE. A use, which does not conform to the use regulations of the district in which it is located.
NURSING HOME. A facility licensed by the State Board of Health, which: (1) provides nursing services on a continuing basis; (2) admits the majority of the occupants upon the advice of physicians as ill or infirm persons requiring nursing services; (3) provides for licensed physicians services or supervision; (4) maintains medical records. Such facilities may also provide other similar medical or health services, provided that no occupant requires physical restraining within the facility. Examples of nursing home facilities that provide health services may include, if they comply with all the above criteria, nursing homes, convalescent homes, maternity homes, rest homes, homes for the aged, and the like.
NURSING HOME CONVERSIONS. A dwelling which is converted for the use of a nursing home and licensed by the State Board of Health.
NUISANCE. The use of land or behavior that brings harm or substantial annoyance to adjacent property owners or the public in general.
OCCUPANCY PERMIT. A permit or certificate of zoning compliance stating that the premises have been inspected after the erection, construction, reconstruction, alteration or moving of a building or structure, or after the change in use or character of land, referred to herein, and that the proposed use of the building, structure or land complies with the sections of this title.
OFFICIAL ZONING MAP. A map of the Town of Waterloo, Indiana, that legally denotes the boundaries of zoning districts as they apply to the properties within the planning jurisdiction. There is only one official zoning map, and it is kept up to date by the Plan Commission. Copies of the official zoning map shall bear a notation to the fact that it is a copy and may or may not be up to date.
OFFICIAL ZONING MAP COPIES. A map of the Town of Waterloo, Indiana, that legally denotes the boundaries of zoning districts as they apply to the properties within the planning jurisdiction. These maps may be out of date.
OPEN SPACE. An area of land not covered by buildings, parking structures, or accessory uses except for recreational structures. Open space may include nature areas; streams and flood plains; meadows or open fields containing baseball, football, and soccer fields, golf courses, swimming pools, bicycle paths, etc. OPEN SPACE does not include street rights-of-way, platted lot area, private yard, patio areas, or land scheduled for future development.
OUTDOOR ADVERTISING SIGN (BILLBOARD). A sign that directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
OUTDOOR STORAGE. See STORAGE, OUTDOOR.
OWNER. Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be developed under these regulations, or their legal representative.
PARCEL. See LOT.
PARKING, AREA, PUBLIC. An open area, other than a street or alley designed for use or used for the temporary parking of more than four motor vehicles when available for public use, whether free or for compensation, or as an accommodation for clients or customers.
PARKING, OFF STREET. A parking space provided in a parking lot, parking structure, or private driveway.
PARKING, ON STREET. A parking space that is located on a dedicated street right-of-way.
PARKING LANE. A lane generally located on the sides of streets, designed to provide on-street parking for vehicular traffic.
PERFORMANCE BOND. An amount of money or other negotiable security paid by the subdivider, developer, or property owner or his or her surety to the town which guarantees that the subdivider, developer, or property owner will perform all actions required by the town regarding an approved plat or in other situations as set forth in this appendix and/or as deemed by the Zoning Administrator, and provides that if the subdivider, developer, or property owner defaults and fails to comply with the provisions of his or her approval, the subdivider, developer, or property owner or his or her surety will pay damages up to the limit of the bond, or the surety will itself complete the requirements of the approval.
PERMANENT FOUNDATION. A structural system for 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.
PERMANENT PERIMETER ENCLOSURE. A permanent perimeter structural system completely enclosing the space between the floor joists of the home and the ground, except for the necessary openings, constructed in accordance with the One- and Two-Family Dwelling Code.
PERVIOUS SURFACE. A surface that permits full or partial absorption of stormwater, such as grass and other vegetation, soil, water bodies, gravel, approved open-center paving block, etc. Decks made of wood and other materials shall be considered pervious if not built over an impervious slab or foundation and if slats are spaced a minimum of 1/8-inch apart.
PLAN COMMISSION. The Advisory Plan Commission of the Town of Waterloo.
PLANNED UNIT DEVELOPMENT. A large-scale unified development meeting the requirements for zoning approval under the provisions of Section 8, Planned Unit Developments, of this appendix. Generally, a planned development consists of a parcel or parcels of land, controlled by a single landowner, to be developed as a single entity, which does not correspond in size of lots, bulk or type of buildings, density, lot coverage, and required open space to the regulations established in any district of this appendix. This may result in more creative development than conventional zoning would allow. Clustered housing (dwellings built in innovative lot arrangements around common open space) and zero lot line housing (dwellings built immediately adjacent to lot lines) are possible as part of planned developments. A planned unit development requires approval through a zoning map amendment.
PLANNING JURISDICTION. All land within the corporate limits of Waterloo, Indiana, as well as those lands in its extraterritorial jurisdiction.
PLAT, PRIMARY. The preliminary drawing or drawings described in this appendix, indicating the proposed manner or layout of the subdivision to be submitted to the Plan Commission for approval.
PLAT, SECONDARY. The final and formal presentation of the map, plan, or record of a subdivision and any accompanying material, as described in this appendix.
PORCH. A roofed-over structure projecting out from the wall or walls of a main structure and commonly open to the weather in part.
PRACTICAL DIFFICULTY. A difficulty with regard to one's ability to improve land stemming from regulations of this appendix. A practical difficulty is not a "hardship," rather it is a situation where the owner could comply with the regulations within this appendix, but would like a variance from the development standards to improve his or her site in a practical manner. For instance, a person may request a variance from a side yard setback due to a large tree which is blocking the only location that would meet the development standards for a new garage location.
PREMISES. A lot or plot including buildings thereon, if any.
PRIMARY ARTERIAL. See STREET, PRIMARY ARTERIAL.
PRIMARY BUILDING/STRUCTURE. The building or structure in which the primary use of the lot or premises is located or conducted, with respect to residential uses, the primary building or structure shall be the main dwelling. Only one primary single-family structure shall be allowed on any one lot at any time.
PRIMARY PLAT. See PLAT, PRIMARY.
PRIMARY USE. The main use of land or buildings as distinguished from an accessory use. A primary use may be either a permitted use or a special exception.
PRIVATE STREET. See STREET, PRIVATE.
PROFESSIONAL OFFICE. An office used by members of a recognized profession by the U.S. Bureau of the Census such as, but not limited to, architects, artists, dentists, engineers, lawyers, musicians, physicians, surgeons or pharmacists, and realtors or insurance agents and brokers.
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 uses as a professional office enterprise.
PUBLIC IMPROVEMENTS. Any storm drainage facility, street, highway, parkway, sidewalk, pedestrian-way, tree, lawn, off-street parking area, lot improvement, utility, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.
PUBLIC/PRIVATE PARKING AREA. A group of parking spaces in an open area not including any part of a street or alley, designed or used for temporary parking of motor vehicles.
PUBLIC STREET. See STREET, PUBLIC.
PUBLIC UTILITY. Any person, firm, or corporation duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, fiber optics, transportation, water, or sewerage systems.
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, police call box, traffic signals, hydrants, towers and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by public utility or municipal departments, commissions, or common carriers, for the public health or safety or general welfare.
REAR YARD. See YARD, REAR.
RECREATIONAL FACILITY. A place designed and equipped for the conduct of sports and leisure-time activities.
RECREATIONAL VEHICLE. A vehicular-type portable structure without permanent foundation that can be towed, hauled, or driven and primarily designed as a temporary living accommodation for recreational, camping, and travel use and including but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes. A recreational vehicle shall not be used as living quarters.
RECREATIONAL VEHICLE PARK. Any commercially zoned site, lot, field, or tract of land under single ownership, or ownership of two or more people, designed with facilities for short term occupancy for recreational vehicles only.
REGISTERED LAND SURVEYOR. A land surveyor properly licensed and registered or through reciprocity permitted to practice in the State of Indiana.
REGISTERED PROFESSIONAL ENGINEER. An engineer properly licensed and registered or through reciprocity permitted to practice in the State of Indiana.
RESIDENTIAL FACILITY FOR THE DEVELOPMENTALLY DISABLED (LARGE). A residential facility which provides residential services for more than eight developmentally disabled individuals as described in I.C. 12-28-4.
RESIDENTIAL FACILITY FOR THE DEVELOPMENTALLY DISABLED (SMALL). A residential facility which provides residential services for eight developmentally disabled individuals or less as described in I.C. 12-28-4.
RESIDENTIAL FACILITY FOR THE MENTALLY ILL. A residential facility which provides residential services for mentally ill individuals as described in I.C. 12-28-4. No two residential facilities for the mentally ill shall be within 3,000 feet of one another in the Waterloo planning jurisdiction as stated in I.C. 12-28-4.
RETAINING WALL. A structure erected between lands of different elevation to protect structures and/or to prevent the washing down or erosion of earth from the upper slope level.
RETENTION BASIN. A pond, pool, or basin used for the permanent storage of water runoff.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by transportation facilities, public utilities, or other special public uses. Rights-of-way intended for any use involving maintenance by a public agency shall be dedicated to the public use by the maker of the plat on which such right-of-way is established.
ROW. See RIGHT-OF-WAY.
ROADWAY, COLLECTOR. A roadway designated to facilitate the collection of traffic from local roads and to provide circulation within neighborhood areas and convenient ways to reach arterial roads, as depicted by the Future Transportation Corridors Map within the Waterloo Comprehensive Plan.
ROADWAY, INDOT. A roadway under the control of the Indiana Department of Transportation. These roadways collect and distribute traffic to and from collector roadways, as depicted by the Future Transportation Corridors Map within the Waterloo Comprehensive Plan. These roadways necessitate access control and restricted parking.
ROADWAY, PRIMARY LOCAL. A roadway designated primarily as thoroughfares in and around the town, as depicted by the Future Transportation Corridors Map in the Waterloo Comprehensive Plan.
ROADWAY, SECONDARY LOCAL. A roadway designated primarily for residents who live on them, as depicted by the Future Transportation Corridors Map in the Waterloo Comprehensive
ROOF-MOUNTED ANTENNA. Any device attached to a building, or structure that is used for wireless telecommunications service.
S.E. Abbreviation for special exception.
SALE, GARAGE/YARD. A public or private sale conducted by the owner or occupier of a premise, and conducted within a residence, garage, other accessory buildings or outside thereof, which sale is of ten or more items of personal property owned or in the possession of the owner or occupier of the premises. (See Section 4-5. of this appendix).
SANITARY LANDFILL. A site on which solid wastes are disposed of in a manner protective to the environment, such that wastes are spread in thin layers, compacted to the smallest practical volume, and covered with soil at the end of each workday.
SATELLITE DISH/ANTENNA. An apparatus capable of receiving communications from a transmitter relay located in a planetary orbit, or broadcasted signals from transmitting towers. (For the purposes of this appendix, a satellite dish shall be considered as being within the jurisdiction of this appendix only if it has a diameter greater than two feet (24 inches), per I.C. 36-7-4-201.1(3).)
SCHOOL. A public or private institution which offers instruction in any of the branches of learning and study comparable to that taught in the public schools under the Indiana School Laws, including pre-kindergarten, kindergarten, elementary school, and junior and senior high schools, but excluding trade, business, or commercial schools.
SCRAP METAL YARD. A general industrial use established independent, or ancillary to, and connected with another general industrial use, which is concerned exclusively in new and salvaged metal pipes, wire, beams, angles, rods, machinery, parts, filings, clippings, and all other metal items of every type, and which acquires such items incidental to its connection with the other general industrial use or by purchase, consignment or bailment which stores, grades, processes, melts, cuts, dismantles, compresses, cleans, or in any way prepares said items for reuse by the connected other general industrial use or for storage, sale or shipment and use in other industries or businesses including open hearth, electric furnaces and foundry operations; such an establishment shall not include junk yards, dumps, or automobile graveyards. The storage, dealing in, or the permitting of the accumulation of significant quantities of combustible, organic or nonmetal scrap materials such as wood, paper, rags, garbage, bones and shattered glass on the premises of such an establishment will disqualify it from being classified as a scrap metal yard, and the same will be classified as a junk yard.
SEASONAL BUSINESS. A temporary business operating at a non-permanent location for certain months of the year or during special events.
SEASONAL OUTDOOR RETAIL SALES. Any business or use (primary or accessory), that is conducted primarily out of doors, which may include but not be limited to: retail sales of garden supplies and equipment; roadside stands for the sale of fruits and vegetables, plants, flowers, Christmas trees, fireworks, and other similar businesses or uses.
SECONDARY PLAT. See PLAT, SECONDARY.
SENIOR CITIZEN HOUSING.
1. ASSISTED LIVING FACILITY. Residences for the frail elderly that provide rooms, meals, personal care and supervision of self-administered medications. They may provide other services such as recreational activities, financial services and transportation.
2. CONGREGATE RESIDENCES. Apartments and dwellings for the elderly with communal dining facilities and services, such as housekeeping, organized social and recreational activities, transportation services and other support services appropriate for the residents.
3. CONTINUING CARE RETIREMENT COMMUNITY. An aged-restricted development that provides a continuum of accommodations and care, from independent living to long-term bed care, and enters into contracts to provide lifelong care in exchange for the payment of monthly fees and entrance fee in excess of one year of monthly fees.
4. RETIREMENT COMMUNITY. Any age-restricted development which may be in any housing form, including detached and attached dwelling units, apartments and residences, offering private and semi-private rooms.
SETBACK. The minimum horizontal distance between the building line, at the foundation, and a lot line or right-of-way.
SHOPPING CENTER. An architectural and functional grouping of retail stores, generally oriented around a supermarket or department store, including appropriate associated and accessory uses.
SHOULDER. The graded (may be paved with asphalt, concrete, or gravel) part of the right-of-way that lies between the edge of the main pavement (main traveled way) and the non-traveled part of the road right-of-way.
SIDE LOT LINE. A lot boundary line other than a front or rear lot line.
SIDE YARD. See YARD, SIDE.
SIGN. Any advertising sign, billboard, or board, device, or structure, or part thereof, or device attached thereon, for advertising, display or publicity purposes. Signs placed or erected by governmental agencies for the purpose of showing street names or traffic directions or regulations for governmental purposes shall not be included herein.
SIGN, OUTDOOR ADVERTISING. A sign located on a lot, or easement, which does not contain a building. These signs are often called billboards and are the primary use and/or structure on the lot, or easement.
SIGN, TEMPORARY. An on-premise advertising device not fixed to a permanent foundation, for the purpose of conveying information, knowledge, or ideas to the public about a subject related to the activities on the premises upon which it is located.
SPECIAL EXCEPTION. The authorization of a use that is designated as such by this appendix as being permitted in the district concerned if it meets special conditions, is found to be appropriate upon application, and is specifically authorized by the BZA.
SPECIAL FLOOD HAZARD AREA (SFHA). Those lands within the jurisdiction of the Town of Waterloo that are subject to inundation by the regulatory flood.
STORAGE, OUTDOOR. The outdoor accumulation of goods, junk, vehicles, equipment, products, or materials for permanent or temporary holding.
STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof.
STORY, HALF. That portion of a building under sloping, gable, hip, or gambrel roof, with 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. Any path for the purpose of vehicular travel that:
1. Is an existing state, county, or municipal roadway;
2. Is shown upon a plat approved pursuant to law;
3. Is approved by other official action; or
4. Is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board to review plats; includes the land between the street lines, whether improved or unimproved.
STREET, COLLECTOR. Distributes traffic from the arterial system to neighborhood street systems (minor collectors and local), generally operating with a moderate service level and traffic volume.
STREET, PRIVATE. Vehicular streets and driveways, paved or unpaved, which are wholly within private property except where they intersect with other streets within public rights-of-way, and are maintained by the owner(s).
STREET, PUBLIC. A public thoroughfare, whether designated as a street, highway, parkway, road, avenue, lane, boulevard, or however otherwise designated, which affords principal means of vehicular access to abutting property.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building or structure such as bearing walls, partitions, columns, beams or girders, or any substantial change in the footprint or increasing the size of the living space. This also includes substantial roofing and siding work when repairs are made to the structure beneath.
STRUCTURE. Anything constructed or erected which requires location on the ground or attachment to something having a location on the ground, including, but not limited to, buildings, sheds, detached garages, mobile homes, manufactured homes, above-ground storage tanks, free-standing signs and other similar items.
SUBDIVISION. The division of a parent tract of land into at least two smaller lots, or the combination of two or more smaller lots into one lot, so that either now or in the future, the subdivider can do any of the following with one or more of the subdivided lots:
1. Transfer ownership.
2. Construct buildings or establish a use other than vacant.
3. Create new building sites for leasehold.
SWIMMING POOL. A self-contained body of water at least 18 inches deep and eight feet in diameter, or width, and used for recreational purposes. It may be above or below ground level, and shall be considered an accessory use.
SWIMMING POOL, PRIVATE. A swimming pool used only by the owner of the pool and guests as an accessory use at a private residence.
TELECOMMUNICATION/CO- LOCATION. A number of different telecommunication providers or different use antennas by the same provider or several providers locate their transmitting facilities on a single tower to allow the use of a number of different kinds of public and private telecommunications services including police, fire, emergency management, storm warning etc.
TELEPHONE SWITCHING STATION. A building used exclusively for the transmission and exchange of telephone messages, but the term shall not include wireless service towers.
TEMPORARY IMPROVEMENT LOCATION PERMIT. A permit issued under the zoning ordinance permitting a temporary use or structure not to exceed two months. One extension of two months may be authorized by the Zoning Administrator for reason/cause.
TEMPORARY USE/STRUCTURE. A land use or structure established for a limited and fixed period of no more than four months with the intent to discontinue such use or structure upon the expiration of the time period.
THOROUGHFARE PLAN. A plan which includes a street plan, sets forth the location, alignment, dimensions, identification, and classification of existing and proposed streets, and other thoroughfares.
TOWER. A ground pole, spire, structure, or combination thereof including supporting lines, cables, wires, braces, and masts intended primarily for the purpose of mounting an antenna, a meteorological device, or other similar apparatus above ground for use as a wireless telecommunications facility.
TOWN. This refers to the Town of Waterloo.
TOWNHOUSE. A building having three or more dwelling units arranged side by side, each occupying an exclusive vertical space without another dwelling unit above or below, and each of which has at least one exterior entrance.
TRADE or BUSINESS SCHOOL. Secretarial school, business school, or college when not publicly owned, or owned or conducted by or under the sponsorship of a religious, charitable or non-profit organization; or a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering or hair dressing, drafting, or for teaching industrial or technical arts.
TRANSPORTATION PLAN. The official plan, now and hereafter adopted, which includes a street plan, sets forth the location, alignment, dimensions, identification, and classification of existing and proposed streets, and other thoroughfares.
USE. The purposes of which land, building, or structure thereon is designed, arranged, or intended, or for which it is occupied, maintained, let, or leased.
USE, NONCONFORMING. An existing use of land or building which fails to comply with the requirements set forth in this appendix applicable to the district in which such use is located.
VARIANCE, USE. The approval of a use other than that prescribed by the zoning ordinance, an act granted by I.C. 36-7-4-918.3, as amended from time to time.
VARIANCE, DEVELOPMENT STANDARDS. A specific approval granted by a Board of Zoning Appeals in the manner prescribed by this appendix, to deviate from the development standards (such as height, bulk, area) that the appendix otherwise prescribes.
VETERINARY ANIMAL HOSPITAL or CLINIC. A place used for the care, diagnosis and treatment of sick, ailing, infirm or injured animals, and those who are in need of medical or surgical attention, and may include overnight accommodations on the premises for treatment, observation and/or recuperation. It may also include boarding that is incidental to the primary activity or use.
VISUAL CLEARANCE ON CORNER LOTS. A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of three and 12 feet above the established street grade. The street grade is measured at the intersection of the center lines of the intersecting street pavements, and the triangular space is determined by a diagonal line connecting two points measured 15 feet along each of the street property lines equidistant from the intersection of the property lines, or the property lines extended, at the corner of the lot.
WALL. A man-made structure designed and constructed for enclosing one or more sides of a yard, or a portion of a yard, that is constructed of masonry materials. This does not include a retaining wall intended to hold back earth due to differences in elevation on opposite sides of the wall.
WIRELESS TELECOMMUNICATIONS FACILITY. A wireless telecommunications facility consists of the equipment and structures utilized to transmit or receive telecommunication signals to and from any communications source which may also be connected to a mobile and/or stationary unit with land-based facilities including but not limited to all antennas, towers, and accessory structures.
WIRELESS TELECOMMUNICATIONS SERVICES. Licensed public commercial telecommunications services, including but not limited to cellular, digital, personal communication services (PCS), enhanced specialized mobilized radio (ESMR), paging, and other similar services that are marketed to the general public.
YARD. A space on the same lot with a primary building, open, unoccupied and unobstructed by structures, except as otherwise provided in this appendix.
YARD, FRONT. A yard extending across the full width of the lot unoccupied other than by landscaping, steps, walks, terraces, driveways, lamp posts and similar structures, 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 primary building and the rear lot line unoccupied other than by accessory buildings which shall not occupy more than 15% 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 primary building.
YARD, SIDE. A yard between the primary building and the side lot line, extending from the front building line or from the front lot line where no front yard is required, to the rear building line. The width of the required side yard is measured horizontally at 90 degrees with the side lot line, from the nearest part of the primary or accessory building, except in cases where irregular or pie shaped lots are located, then the width of the required side yard shall be an average of the width of the area between the side lot line and the primary or accessory building measured horizontally at 90 degrees with the side lot line.
ZONING DISTRICT. Areas within the Town of Waterloo for which uniform zoning regulations governing use, height, area, size, intensity of use of buildings, and land, and open spaces about buildings, are established by this appendix. Districts are drawn on the official zoning map.
ZONING ADMINISTRATOR. The officer appointed by and/or delegated the responsibility for the administration of these regulations by the Planning Commission.
ZONING MAP. See official zoning map.
ZONING ORDINANCE. A set of development guidelines, specifications, and regulations enacted by the Council to create districts which permit certain land uses and character specifications and prohibit others; in reference to documentation, the Waterloo Zoning Ordinance, and any other supporting or accompanying ordinances, plans, resolutions, rules, or regulations and including their provisions, except where the context clearly indicates otherwise.
(Ord. 05-03, passed 7-12-05)
The Town of Waterloo is divided into the following districts for purposes as stated. Each of the following districts stands alone and is not part of a tiered system of zoning.
AG: Agriculture. This district is composed of land being used primarily for agricultural activities in those areas outside of the corporate limits for which control for planning and zoning has been granted to the Town of Waterloo by DeKalb County. This land is expected to develop into urban uses within the near future. It is the intent of this district to protect the area from the encroachment of scattered urban uses that may inhibit the overall future development of the area in accordance with the Comprehensive Land Use Plan.
SR: Suburban Residential. The Suburban Residential District is established for the purpose of low-density residential development. This district is intended to promote the new development of larger lot housing opportunities within the community. This area should be protected from conflicting land uses and non-family oriented businesses.
UR: Urban Residential. The Urban Residential District is established for medium to high-density residential development. This district is intended to promote development in new residential areas as well as redevelopment of housing in older areas of the community.
MF: Multi-Family Residential. The Multi-Family Residential District is established to provide a land use category for small to medium scale two-family and multi-family developments.
CB: Central Business. The Central Business District is established to promote and regulate a variety of urban uses within the downtown business area, to promote vitality and to attract commerce.
NB: Neighborhood Business. The Neighborhood Business district is established for the purpose of promoting the responsible development of small business establishments that are close to residential areas and are appropriate to serving their shopping and service needs.
GB: General Business. The General Business District is established to include areas that are appropriate to all kinds of retail, commercial, service, entertainment, eating establishments or similar uses.
LI: Light Industrial. The Light Industrial District is intended to provide areas for fabricating, manufacturing, and processing industries where the operation is enclosed within a building and conducted in such a manner that no adverse impacts are created or emitted outside of the buildings.
HI-E: Heavy Industrial - Enclosed. The Heavy Industrial-Enclosed District is intended to provide for areas for intense industrial uses such as fabricating, manufacturing, processing, heavy repair, and dismantling industries where the operation is enclosed within a building and conducted in such a manner that no adverse impacts are created or emitted outside of the buildings.
HI-O: Heavy Industrial - Open. The Heavy Industrial District is intended to provide for areas for intense industrial uses such as fabricating, manufacturing, processing, extraction, heavy repair and dismantling industries where outside operations and storage areas may be required. Due to the nature of these industries, districts are typically located away from residential areas and districts.
OS: Open Space. The purpose of the Open Space District is to provide areas for public and quasi-public uses, for passive and active recreation activities, and for the conservation of unique and/or environmentally sensitive natural areas.
B. Any land use not listed as a permitted use or special exception is considered non-permitted.
C. The Plan Commission or Zoning Administrator may determine into which category a use is to be placed if not specifically listed but very similar to another use that is permitted or is a special exception.
D. The BZA may add conditions to its approval of each special exception regulating drainage, screening, lighting, signage, outdoor display areas, the location of off-street parking, and hours of operation.
A. AG District Objective. This district (AG) is composed of land being used primarily for agricultural activities in those areas outside of the corporate limits for which control for planning and zoning has been granted to the Town of Waterloo by DeKalb County. This land is expected to develop into urban uses within the near future. It is the intent of this district to protect the area from the encroachment of scattered urban uses that may inhibit the overall future development of the area in accordance with the Comprehensive Land Use Plan.
B. AG Permitted Uses. Following are uses that are permitted in the Agricultural District. Similar uses to those listed may be permitted at the discretion of the Zoning Administrator.
Type of Use | Permitted Uses |
Agricultural | Agriculture Greenhouse Orchards Farmer’s Market Tree Farm |
Business | Home Occupation #1 Kennel, private (up to four dogs) |
Public Facilities | Church/Temple/Mosque |
Residential | Accessory Building/Use Adult Care Home Child Care, Accessory Child Care Home Dwelling, Single-Family Residential Facility for Developmentally Disabled, Small Type 1 Manufactured Home |
Utilities | Public Water Wells Sewage Lift Station Telephone Switching Station Utility Substations Other Similar Public Utility Uses |
C. AG Special Exception Uses.
Type of Use | Use allowed through Special Exception |
Agricultural | Agricultural Supply Store Artificial Lake Commercial Raising of Non-Farm Animals Commercial Processing of Agricultural Products on Site Winery |
Business | Home Occupation #2 Bed and Breakfast, Home Stay Gravel Pit/Mineral Extraction and/or Processing Operation Kennel, Commercial Landscape Business Riding Stables, Commercial Small Animal Clinic/Veterinarian Large Animal Clinic/Veterinarian |
Public/Institutional | Cemetery |
Residential | Residential Facility for Mentally Ill (no two within 3,000 feet) |
Utilities | Communication Towers |
D. AG District Standards.
Minimum Lot Area:
o 1 acre (With Access to Municipal Water and Sewer Hookup)
o 2 acres (Without Access to Municipal Water and/or Sewer Hookup)
Minimum Lot Width (At the Front Building Line):
o 150 feet (With Access to Municipal Water and Sewer Hookup) *
o 200 feet (Without Access to Municipal Water and Sewer Hookup) *
Maximum Lot Length to Width Ratio: 3:1
Minimum Front Yard Setback: **
o 70 feet adjacent to an INDOT Roadway
o 60 feet adjacent to a Collector Roadway
o 50 feet adjacent to a Primary Local Roadway
o 40 feet adjacent to Secondary Local Roads
Minimum Side Yard Setback (Interior Lot Lines): **
o 20 feet for the Primary Structure
o 10 feet for Accessory Structures ***
Minimum Side Yard Setback for Side Facing a Street on a Corner Lot: **
o Two-thirds (2/3) of minimum front yard setback for all street classifications
Minimum Rear Yard Setback: **
o 30 feet for the Primary Structure
o 10 feet for Accessory Structures ***
Maximum Lot Coverage:
o Square footage of all Primary and Secondary Structures cannot exceed 25% of the lot area
Minimum Residential Ground Floor Area:
o 950 square feet for one-story, primary structures, excluding the garage; or
o 700 square feet for the first floor of the primary structure, provided that the total finished floor area is 950 square feet or more.
Maximum Structure Height:
o 35 feet for the Primary Residential Structure
o 25 feet for the Accessory Structures
*This shall supersede lot width requirements stated in the subdivision control ordinance.
**Minimum building setbacks shall be not less than the width of a utility and/or drainage easement, when present, in cases where the width of the easement is greater than the minimum appropriate setback stated above.
***Ground floor area of an accessory structure cannot exceed 400 square feet to be considered accessory for the purposes of rear and side yard setback requirements. Any structure exceeding 400 square feet will be required to adhere to primary structure side yard and rear yard requirements.
E. AG District Sketches.
1. Lot Description. Left Blank for Future Use.
2. Setbacks. Left Blank for Future Use.
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