(A) Words used in the present tense include the future and vice versa; words in the singular number include the plural number and vice versa. The word shall is mandatory and not discretionary.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT.
(1) An intent to abandon or to relinquish by some overt act, or some failure to act, which carries the implication that the owner neither claims or retains any interest in the subject matter of the abandonment.
(2) ABANDON means to intentionally cease all business activity associated with a wireless support structure for a minimum period of one year or more.
ACCESSORY BUILDING, STRUCTURE OR USE. A building, structure or use subordinate to the principal use of a building, structure or principal use of land, located on the same lot as such principal use and serving a purpose customarily incidental to the use of the principal building, structure or land use.
ACCESSORY EQUIPMENT. (In reference to a WIRELESS COMMUNICATIONS FACILITY, WIRELESS COMMUNICATIONS FACILITY WITH WIRELESS SUPPORT STRUCTURE AND WIRELESS SUPPORT STRUCTURE.) Includes, but is not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, guy wires, equipment buildings, cabinets and storage sheds, shelters or other similar structures.
ACREAGE. Any tract or parcel of land which has not been subdivided and platted.
ADMINISTRATIVE APPROVAL. The zoning approval that the Administrator or the Administrator's designee is authorized to grant after Administrative Review.
ADMINISTRATIVE REVIEW. The non-discretionary evaluation of an application by the Administrator or designee, without a public hearing.
ADU. See DWELLING UNIT, ACCESSORY.
AGRICULTURE. The use of five or more acres of land for agriculture purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, U-pick operations, cut-your-own Christmas tree farms, aquaculture, and animal or poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce raised on the premises, provided however, that the operation of such accessory uses shall be secondary to the normal agriculture activities. The term "agriculture" shall not include stockyards, slaughterhouses and confined feeding operations, concentrated animal feeding operations and both large and medium satellite manure storage structures.
AGRICULTURE, PRIME (PRIME FARMLAND). Prime farmland has the soil quality, growing season and moisture supply needed to produce substantial high yields of crops economically when treated and managed, including water management, according to modern farming methods (USDA).
AGRITOURISM. (1) An activity at an agricultural, horticultural, or agribusiness operation where the general public is allowed or invited to participate in, view or enjoy the activities for recreational, entertainment or educational purposes, including farming, ranching, historic and cultural agricultural activities, self-pick farms or farmers' markets; (2) an activity involving an animal operation at an agricultural fair; or (3) natural resource based activities and attractions, including hunting, fishing, hiking and trail riding. (As defined by the Indiana Legislature.)
AIR POLLUTION. Presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as to be injurious to human, plant or animal life, to property or which unreasonably interfere with the comfortable enjoyment of life and property.
AIRPORT or AIRSTRIP. Any runway, landing area or other facility designed, 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, hangers and other necessary buildings and open spaces.
ALLEY. A public or private way not more than 20 feet wide, at the rear or side of property, affording only a secondary means of access to abutting property.
ALTERATIONS. As applied to a building or structure, a change or rearrangement in the structural parts or in exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
AMENDMENT. A change of the zoning regulations, district boundaries or classification of property as shown on the Zoning Map. The authority for any amendment lies solely with the County Commissioners.
ANIMAL HUSBANDRY. The keeping, grazing, feeding and care of animals other than household pets.
ANTENNA. Any communications equipment that transmits or receives electromagnetic radio signals used in the provision of wireless communications service.
APARTMENT. A suite of rooms or a room in a multi-family building arranged, designed and intended for a place of residence of a single family.
APARTMENT, GARDEN. A group of buildings not more than two and one-half stories in height, each building containing not less than two or more than 12 dwelling units.
APARTMENT, HOTEL. An apartment house which furnishes services for the use of its tenants which are ordinarily furnished by hotels.
APARTMENT, HOUSE. A building or portion thereof designed for or used exclusively for residence purposes by three or more families living independent of each other.
AQUACULTURE. The propagation, cultivation and marketing of aquatic plants and animals. AQUACULTURE shall not include retail sales of aquatic plants and animals, fee fishing or aquaculture facilities that require a National Pollution Discharge Elimination Standard (NPDES) permit.
AREA (LOT, NET SITES). The total area within the property line.
AREA, COMMON. Space reserved for use by any and all residents of a housing development such as halls, stairways and landings in apartment houses.
ATTIC. The space of a building which is immediately below and wholly or partially within the roof framing.
AUTOMOBILE BODY SHOP (MOTOR VEHICLE). A building on a lot that is used for the repair or painting of bodies, chassis, wheels, fenders, bumpers and/or accessories of automobiles and other motor vehicles.
AUTOMOBILE GARAGE, MAJOR (MOTOR VEHICLE). A building on a lot designed and/or used primarily for mechanical and/or body repairs, storage, rental servicing of automobiles, trucks or similar motor vehicles.
AUTOMOBILE, GARAGE, MINOR (MOTOR VEHICLE). An accessory building for the
storage of one or more automobiles and/or other vehicles, accessory and incidental to the primary use of the premises; provided that, no business, occupation or service is conducted for profit therein.
AUTOMOBILE REPAIR, MAJOR (MOTOR VEHICLE). General repair, rebuilding or reconstruction of engines, motor vehicles or trailers; collision services including body, fender or frame straightening or repair; overall painting or paint shop, vehicle steam cleaning.
AUTOMOBILE REPAIR, MINOR (MOTOR VEHICLE). Incidental repairs, replacement of parts, and motor service to motor vehicles, but not including any operation specified under “Automobile, Repair, Major” or any other similar thereto.
AUTOMOTIVE SALES – MOBILE HOME, TRAILER, RECREATION VEHICLES AND FARM IMPLEMENT. An open lot, used for the outdoor display, sale or rental of new or used motor vehicles, mobile homes, trailers, recreation vehicles or farm implements.
AUTOMOTIVE SALES GARAGE – MOBILE HOME, TRAILER, RECREATION, VEHICLES AND FARM IMPLEMENT. A building on a lot designed and used primarily for the display, sale or rental of new or used motor vehicles, mobile homes, trailers, recreation vehicles or farm implements, where mechanical repair and body work may be conducted as an accessory use incidental to the primary use.
AUTOMOBILE SERVICE STATION (MOTOR VEHICLE OR FILLING). A building or place where gasoline or other motor fuel, lubricants, tires, batteries, accessories and supplies for operating and equipping motor vehicles are sold at retail to the public and deliveries are made directly into motor vehicles, including incidental battery, brake, muffler and tire service, washing and polishing.
AUTOMOBILE WASH. A structure or building designed for cleaning, washing, waxing, simonizing or similar treatment of automotive vehicles as its principal function.
AUTOMOBILE WRECKING OR SALVAGE YARD (MOTOR VEHICLE). Any land, building or structure where motor vehicles are disassembled, dismantled, junked or wrecked, or where two or more motor vehicles not licensed or in operable condition or used parts of motor vehicles are stored.
BASE STATION. A station located at a specific site that is authorized to communicate with mobile stations. The term includes all radio transceivers, antennas, coaxial cables, power supplies, and other electronics associated with a station.
BASEMENT. A story whose floor is more than 12 inches, but not more than one-half of its story height below the average level of the adjoining grounds (as distinguished from a “cellar”, which is more than one-half below such level).
BLOCK. Property having frontage on one side of a street and lying between two nearest or intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of- way or waterway.
BOARD. The Board of Zoning Appeals of Wayne County, Indiana.
BOAT LIVERY. A lakeside or stream side operation and premises where boats for lease, storage and service may be conducted; this service shall include supplies and accessories as are customarily used in such business.
BROADBAND or HIGH-SPEED INTERNET ACCESS. A transmission technique using a wide range of frequencies that enables messages, including voice, video and data, to be sent digitally, simultaneously, used in fast Internet connections over a minimum of five different platforms: fiber optic cable (transmits through glass fibers), digital subscriber line (DSL transmits through existing copper telephone lines), cable modem (transmits through TV cables), Wireless (fixed or mobile, connects to local Internet service via electromagnetic waves) and Satellite (transmits through two to three-foot dish, modem and clear line of sight to a satellite). Broadband service is one of many kinds of communications services classified by the Federal Communications Commission. Broadband equipment can be installed on a wireless support structure, a building, structure (silo, grain elevator, water tower, etc.), a dedicated pole, a light pole, electrical poles/transmission lines and telephone pole/lines.
BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.
BUILDING. Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals, chattels or property. When such a structure is divided into separate parts by one or more un-pierced walls extending from the ground up, each part is deemed a separate BUILDING.
BUILDING AREA. The maximum horizontal projected area of a building or structure at or above grade, excluding cornices, eaves, gutters, unenclosed porches, terraces, balconies or steps.
BUILDING COVERAGE. The percentage of the plot or lot area covered by the building area.
BUILDING DETACHED. A building having no structural connection with another building.
BUILDING HEIGHT. The vertical distance measured from the average elevation of the proposed finished grade at the front wall of the building to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
BUILDING LINE. The line established by the minimum setback from the street right-of-way for buildings or structures for the distance involved. The BUILDING LINE shall be the point at which the lot width shall be measured.
BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which said building is situated. Where a substantial part of the wall of a PRINCIPAL BUILDING is shared by an accessory building or where an accessory building is attached to the principal building in other substantial manner as by roof, such accessory building shall be counted as a part of the PRINCIPAL BUILDING.
BUSINESS (COMMERCIAL). The engaging in the purchase, sale, barter, exchange of goods, wares, merchandise or services, the maintenance or operation of offices or recreational and amusement enterprises for profit.
BUSINESS, LARGE SCALE DEVELOPMENT. A large scale commercial development is a tract of land not less than five acres for non-residential development, which is planned for development as units under single ownership and control and which includes two or more non-residential principal buildings.
BUSINESS, NEIGHBORHOOD OR LOCAL. Commercial establishments which cater to and can be located in close proximity to residential districts without creating excessive congestion, noise or other objectionable influence.
BUSINESS, OFFICE. Office or agencies which conduct service establishment, without a stock of goods such as real estate, insurance and the like.
BUSINESS, SERVICE. Any profit-making activity which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in business and homes.
CAMPING GROUNDS. A parcel of land used or intended to be used for temporary occupancy by campers, or for temporary occupancy by or of recreational vehicles, tents, cabins or other temporary accommodations.
CARRIER ON WHEELS OR CELL ON WHEELS (COW) or MOBILE STATIONS. A portable self-contained wireless communications facility that can be moved to a location and set up to provide wireless services on a temporary or emergency basis. A COW is normally vehicle- mounted and contains a telescoping boom as the antenna wireless support structure.
CELLAR. A story having more than one-half of its height below the average level of the finished grade of the adjoining ground.
CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operated in connection with and within the boundaries of such cemetery.
CENTERLINE. The centerline of the traveled roadway.
CERTIFICATE OF OCCUPANCY. A document issued by the Zoning Inspector certifying that a building, structure and/or its use or the use of the premises conform with the provisions of this chapter or, in case of a “non-conforming use” that it constitutes such use under terms of this chapter.
CHANNEL (STREAM BED). A natural or artificial watercourse of perceptible extent, with a definite bed and banks to confine and conduce continuously or periodically flowing water.
CLINIC. A place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons, but who are not provided with board or rooms nor kept overnight on the premises.
CLUB. A non-profit association of persons who are bona fide members organized for some common purposes and paying regular dues; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
CLUB, COUNTRY. A club for golfing, tennis, hunting, fishing, horseback riding or similar sports.
CLUB, PRIVATE. A non-profit social organization whose premises are restricted to its members and their guests.
CLUSTER DEVELOPMENT. A planned development in which lots are restricted to its members and their guests.
COLLOCATION or CO-LOCATION. The placement or installation of wireless communications facility on existing structures that include a wireless communications facility, wireless communications facility with wireless support structure and wireless support structure, including water towers and other buildings or structures. The term includes the placement, replacement, or modification of wireless communications facility within an approved equipment compound.
COMMERCIAL DOG BREEDER. A person who maintains more than 20 unaltered female dogs that are at least 12 months of age.
COMMERCIAL DOG BROKER. A person who is a Class B licensee under 9 C.F.R. § 1.1 and sells 500 dogs or more in a calendar year.
COMMERCIAL ENTERTAINMENT FACILITY. Any profit-making activity which is generally related to the entertainment field, such as a motion picture theater, carnival, cocktail lounge, nightclub, playhouse, concert hall/venue, and similar entertainment activities, operated indoors or outdoors.
COMMERCIAL NURSERIES AND GREENHOUSES. The growing of trees, ornamental shrubs, fruits, vegetables, flowers and houseplants for wholesale and/or retail, along with the ancillary sale of garden supplies and decorative yard items, but not including the sale of lawn and yard equipment, fencing or buildings, and may include an outdoor display area, wherein the preponderance of the growing operation is inside a building or structure, except for outdoor nurseries.
COMMERCIAL RECREATION FACILITY. Recreation facilities operated as a business and open to the general public for a fee, including agritourism.
COMMISSION. The Plan Commission of Wayne County, Indiana.
COMMISSIONERS, COUNTY. The Board of Commissioners of the County of Wayne, State of Indiana.
COMMUNICATIONS SERVICE PROVIDER. A person or an entity that offers communications service to customers in Indiana, without regard to the technology or medium used by the person or entity to provide the communications service. The term includes a provider of commercial mobile service (as defined in 47 U.S.C. 332).
COMMUNITY USES. Uses that are available to the general public such as a public library, public school, hospital, community center, public park and sports facility.
CONCEALED WIRELESS COMMUNICATIONS FACILITY. Any wireless communications facility that is integrated as an architectural feature of an existing structure or any new wireless support structure designed so that the purpose of the facility or wireless support structure for providing wireless services is not readily apparent to a casual observer. (Also known as a stealth or camouflaged wireless communications facility.)
CONCENTRATED ANIMAL FEEDING OPERATION (CAFO). The terms “confined feeding operation” (CFO) and “concentrated animal feeding operation” (CAFO) relate to the size of the CFO. All farms with 300 or more cattle, 600 or more swine or sheep, 30,000 or more poultry or 500 or more horses in confinement are CFOs. CAFOs are larger in animal numbers. For the purpose of this chapter, a CFO and CAFO are synonymous.
CONDOMINIUM. A multi-family project of one-family dwelling units which may consist of one, a part or more than one building wherein the real property title and ownership are vested in an owner, who has undivided interest with others in common usage area and facilities which serve the development (I.C. 32-1-6-1).
CONFINED FEEDING.
(a) The confined feeding of animals for food, fur or pleasure purposes in lots, pens, ponds, sheds or buildings where:
1. Animals are confined, fed and maintained for at least 45 days during any 12-month period; and
2. Ground cover or vegetation is not sustained over at least 50% of the animal confinement area.
(b) The term does not include:
1. A livestock market where animals are assembled from at least two sources to be publicly auctioned or privately sold on a commission basis and that is under state or federal supervision; or
2. A livestock sale barn or auction market where animals are kept for not more than ten days.
(c) See 327 I.A.C. 16-2-4 regarding CONFINED FEEDING.
CONFINED FEEDING OPERATION (CFO).
(a) Any confined feeding of at least 300 cattle; 600 swine or sheep or 30,000 fowl; or animal feeding operations electing to be subject to I.C. 13-18-10; or animal feeding operations that causes a violation of the state’s water pollution control laws or any rules of the Water Pollution Control Board or of I.C. 13-18-10.
(b) The CONFINED FEEDING OPERATION includes:
1. Manure storage structures;
2. Manure treatment systems;
3. Feedlot;
4. Confinement buildings; or
5. Waste liquid handling, storage and treatment systems.
(c) See 327 I.A.C. 16-2-5 regarding “confined feeding operation” and 327 I.A.C. 16-2-44 “waste management system”.
CONSTRUCTION, BEGINNING OF. A substantial change or alteration in the physical properties of a zoning lot or structure and where the incorporation of labor and material upon said lot or within said structure will incur liabilities for labor and materials.
COVERAGE. The percentage of the plot or lot area covered by the building, or structure, including accessory buildings and structures.
DAIRY. A commercial establishment for the manufacture or processing of dairy products.
DENSITY. Number of living units permitted per gross acre of land, exclusive of lands, lying within the boundary of any public highway.
DEVELOPMENT. The construction of a new building or other structure on a zoning lot, or the use of a tract of land for a new one.
DISTRICT or ZONE. The portion of the unincorporated territory of the county within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DOMESTIC PETS.
(a) Animals commonly used as household pets, protection, companions and for assistance to disabled persons. For the purposes of this chapter, DOMESTIC PETS are dogs and cats.
(b) DOMESTIC PETS are a permitted use in all zone districts so long as the animals are maintained healthy and humanely within the confines of a dwelling unit or within the confines of a dwelling unit lot and so long as the frequency of breeding is limited to one litter per year per household (i.e., not one litter per animal). DOMESTIC PETS maintained to the confines of the dwelling unit or dwelling unit lot shall not exceed more than five animals over the age of six months.
DOMESTIC PET GROOMING FACILITY. Any lot or premises on which is located a facility to primarily groom domestic pets. The domestic pets brought to the facility to be groomed would typically be held at the facility for less than 24 hours. Should the typical holding time for a domestic pet at a grooming facility more often than not exceed a 24-hour period, the facility shall be considered a boarding facility.
DOMESTIC PET STORE. Any lot or premises on which domestic pets are primarily sold for remuneration. It may include animal food and other domestic pet supplies for sale to the general public. A DOMESTIC PET STORE does not include the breeding or boarding of domestic pets.
DORMITORY. A building or part of a building operated by an institution and containing a room or rooms forming one or more habitable units which are used or intended to be used by residents of the institution for living and sleeping, but not for cooking or eating purposes.
DRIVE-IN ESTABLISHMENT. An establishment which is designed to provide either wholly or partly, service to customers while in their automobile parked upon the premises.
DRIVE-IN MOVIE. An open lot or part thereof , with appurtenant facilities devoted primarily to the showing of moving pictures, on a paid admission basis, to patrons seated in automobiles or outdoor seats.
DRIVE-IN RESTAURANT. Any place or premises used for sale, dispensing or serving food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food refreshments or beverages on the premises.
DUMP. A lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means, and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles, or parts thereof, or waste material of any kind.
DWELLING. Any building or portion thereof, designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, recreational vehicle, boarding or lodging house, motel, hotel, or tourist home.
DWELLING CODE, ONE- AND TWO-FAMILY. The nationally recognized model Building Code prepared by the Council of American Building Officials, as adopted by the Indiana Administrative Building Council (ABC) and which includes those supplements and amendments promulgated by the ABC.
DWELLING, DETACHED. A dwelling which is designed to be and is substantially separate from any other structure or structures, except accessory buildings.
DWELLING, MULTI-FAMILY. A building or portion thereof designed for or used exclusively for residential purposes by three or more families living independently of each other.
DWELLING, ONE-FAMILY OR SINGLE-FAMILY. A building designed for or used exclusively for residence purposes by one family only.
DWELLING, TWO-FAMILY. A building designed for or used exclusively for residence purposes by two families living independent of each other.
DWELLING, SPECIAL PLACEMENT. Any building or premises occupied by three or more persons not related to the owner, lessee or operator by blood, marriage or adoptions, who upon their release as patients from any recognized mental institution, treatment ward for alcoholism, treatment center for narcotic addicts or as an inmate of any correctional penal institution, use such building or premises as living facilities in order to secure non-institutionalized care in their attempt to re-enter society.
DWELLING UNIT, ACCESSORY or ADU (also known as a GRANNY FLAT OR IN-LAW COTTAGE). A detached dwelling installed on a permanent foundation that is an accessory use to the main dwelling on the same property and is commonly used for generational occupancy of a property. Development Standards:
(a) Restricted to districts which permit residential use and districts which have legal non-conforming residential use, with the exception of subdivisions.
(b) An ADU is not permitted without a primary single-family dwelling.
(c) The owner of the property must reside in either the primary dwelling or the accessory dwelling unit.
(d) There shall be a minimum separation of 100 feet between the ADU and the primary dwelling in the Agricultural and Commercial Districts and on property with a legally non-conforming primary dwelling.
(e) There shall be a minimum separation of 50 feet between the ADU and the primary dwelling in the Residential Districts.
(f) A maximum of one ADU is permitted per parcel.
(g) An ADU must have a minimum of 576 square feet of living area.
(h) An ADU must contain, at minimum, a kitchen, living area, a single bedroom and bathroom.
(i) An ADU may not exceed one and one-half stories in height, with the exception of an ADU above a detached garage, which may not exceed 30 feet in overall height.
(j) An ADU may not be a mobile home.
(k) The ADU must be provided with a minimum of one off-street parking space in addition to the off-street parking required for the primary dwelling.
(l) All minimum residential code/ordinance requirements for septic, zoning and construction shall be met.
EDUCATIONAL INSTITUTION. Public or parochial pre-primary, primary, grade, junior high, 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.
EASEMENT. A strip of land to be used by the general public, a corporation, a utility company, or a certain person(s) for a specific reason, for purposes of providing services to property.
ELECTRICAL TRANSMISSION TOWER. A structure that physically supports high voltage overhead power lines. The term does not include a utility pole.
EQUIPMENT COMPOUND. The area that surrounds or is near the base of a wireless support structure and encloses a wireless communications facilities with wireless support structure.
EXISTING STRUCTURE. Previously erected wireless support structure or any other structure, including but not limited to, buildings and water tanks, to which wireless communications facilities can be attached. The term does not include a utility pole or an electrical transmission tower.
EXTRACTION OPERATION. The removal of soil, gravel, sand or dirt for purposes unrelated to excavation for construction where the excavation for construction where the extractive operation is conducted; this shall include the extraction of mining of minerals or the extraction of oil or other hydrocarbons.
FALL ZONE. The area within which the wireless support structure may be expected to fall in the event of a structural failure, as certified by engineering standards.
FAMILY. A person living alone, or two or more persons living together as a single housekeeping unit in a dwelling unit, as distinguished from a group occupying a boarding or lodging house, motel or hotel, fraternity or sorority house.
FAMILY, GROUP HOME. A residential facility, licensed by the State Board of Health, that provides residential services for not more than eight developmentally disabled persons, none of whom has a history of violent or antisocial behavior, and such staff, not to exceed two at any one time, as are necessary to adequately manage the home.
FARM. A tract of five or more acres land which is devoted to agriculture use and including necessary farm buildings or structures essential to the operation of the farm.
FARM, ALCOHOL, PRODUCTION SYSTEM. The equipment and facilities necessary to produce alcohol for fuel or as an additive to other fuels, production not to exceed 100,000 gallons annually.
FARM BUILDING. Any building used for the housing of agriculture equipment, produce, livestock or poultry, or for the incidental or customary processing of farm products; and, provided that, such building is necessary to the operation of the farm. The term FARM BUILDING shall not include “farm dwelling.”
FARM DWELLING. A building or dwelling unit designed for or occupied exclusively by a farm family with the usual accessory buildings.
FILTER STRIP. A filter strip is a relatively uniform and maintained vegetated area used for collecting sediment and cleansing run-off. See 327 I.A.C. 16-2-12 regarding “filter strips”.
FLEA MARKET. Any area where individual stands or spaces are assigned to two or more individuals for the purpose of selling, buying or exchanging goods.
FLOOD. The water of any river or stream which is above the band and/or outside the channel and banks of such river or stream; and also the water of any lake which is above and outside the banks thereof.
FLOOD, CONTROL. The prevention of floods, the control, regulation, diversion or confinement of flood water or flood flow and the protection therefrom, according to sound and accepted engineering practice, to minimize the extent of floods, and the death, damage and the destruction caused thereby, and all things incidental thereto or connected therewith.
FLOOD HAZARD AREA. The part of the floodplain not adequately protected from flooding by means of structural improvements.
FLOOD, HUNDRED YEAR. A flood having an average frequency of occurring in the order of one in 100 years, or a 1% chance of occurring in any given year.
FLOODPLAIN. The area adjoining a stream that has been or may be covered by flood water, including the floodway and floodway fringe.
FLOODWAY. The channel of a river or stream and those portions of the floodplains adjoining the channel, which are reasonably required to efficiently carry and discharge the flood water or flood flow of any river or stream.
FLOODWAY FRINGE.
(a) The part of the flood hazard area lying outside the floodway.
(b) Special definitions pertaining to FLOODWAY and FLOOD FRINGE determinations only follow.
1. BUILDING. See STRUC-TURE.
2. DEVELOP MENT.
a. Any human-made change to improved or unimproved real estate including but not limited to:
i. Construction, recon-struction or placement of a building or any addition to a building valued at more than $1,000;
ii. Installing a manufactured home on a site, preparing a site for a manufactured home or installing a travel trailer on a site for more than 180 days;
iii. Installing utilities, erection of walls and fences, construction of roads or similar projects;
iv. Construction of flood control structures such as levees, dikes, channel improvements and the like;
v. Mining, dredging, filling, grading, excavation or drilling operations;
vi. Construction and/or reconstruction of bridges or culverts;
vii. Storage of materials; or
viii. Any other activity that might change the direction, height or velocity of flood or surface waters.
b. DE VELOPMENT does not include activities such as the maintenance of existing buildings and facilities such as painting, re-roofing; resurfacing roads; or gardening, plowing and similar agricultural practices that do not involve filling, grading, excavation or the construction of permanent buildings.
3. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
4. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads).
5. FHBM. Flood Hazard Boundary Map.
6. FIRM. Flood Insurance Rate Map.
7. FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation or the run-off of surface waters from any source.
8. FLOODPLA IN. The channel proper and the area 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.
9. FLOOD PROTECTION GRADE or FPG. The elevation of the regulatory flood, plus two feet and any given location in the SFHA.
10. LOWEST FLOOR. The lowest of the following:
a. The basement floor;
b. The garage floor, if the garage is the lowest level of the building:
c. The first floor of buildings elevated on pilings or constructed on a crawl space with permanent openings; or
d. The floor level of any enclosure below an elevated building where the walls of the enclosure provide any resistance to the flow of flood waters unless:
i. The walls are designated to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, through providing a minimum of two openings (in addition to doorways and windows) having a total area of one square foot for every two square feet of enclosed floor area subject to flooding. The bottom of all such openings shall be no higher than one foot above the enclosed area’s floor; or
ii. Such enclosed space shall be usable for non-residential purposes and building access.
11. MANUFACTURED HOMES. See definition of Manufactured Homes Type I, Type II and Type III, Number 154, 155, 156. See definition of “Manufactured Home Park of Subdivision Number 161”.
12. RECREATIONAL VEHICLES. See definition of Recreational Vehicles Number 204.
14. REGULATORY FLOOD. 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 State Natural Resources Commission. The REGULATORY FLOOD is also known by the term BASE FLOOD.
15. SFHA or SPECIAL FLOOD HAZARD AREA. Those lands within the jurisdiction of the county that are subject to inundation by the regulatory flood. The SFHAs of the county are generally identified as such on the Flood Insurance Rate Map of the county prepared by the Federal Emergency Management Agency and dated 9-2-1982. The SFHAs of those parts of unincorporated county that are within the extraterritorial jurisdiction of the city or that may be annexed into the city are generally identified as such on the Flood Insurance Rate Map prepared for the county by the Federal Emergency Management Agency and dated 9-2-1982.
16. STRUCTUR E. A structure that is principally above-ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home or a prefabricated building. The term also includes recreational vehicles and travel trailers to be installed on a site for more than 180 days.
17. SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 40% of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage” regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary or safety code requirements or any alteration of a “historic structure”; provided that, the alteration will not preclude the structures continued designation as a “historic structure”.
FLOOR AREA. The sum of the gross horizontal areas of the floor or floors of a building which are enclosed and usable for human occupancy or the conduct of business. Said areas shall be measured to the outside surface of exterior walls. Said areas shall not include cellars or attics not used or intended to be used for human occupancy or other use, garage space or accessory buildings.
FLOOR AREA RATIO. The quotient of the floor area of a building divided by the lot area.
FOUNDATION. Consists of a substructure which has a continuous wall of cement blocks, poured concrete or masonry equivalent, enclosing and supporting the bottom of the structure, excluding windows and doors.
FRONTAGE. All the property abutting on one side of a public right-of-way.
FUNERAL HOME. A structure used and occupied by a professional licensed mortician for burial preparation and funeral services.
GARAGE, PUBLIC PARKING. A principle or accessory building, other than a private garage, used for parking or temporary storage of licensed and operable motor vehicles, whether for compensation, free, or as an accommodation for clients or customers and in which no service is provided.
GARAGE, PRIVATE. A garage used for storage purposes only and having a capacity of not more than three motor vehicles or not more than two motor vehicles per family housed in the building to which such garage is accessory, whichever is greater.
GARAGE, PUBLIC. Any garage other than a private garage, available to the public, operated for gain, and which is used for storage, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
GARAGE SALES. Any sale of goods or merchandise by one or more people which is conducted within or adjacent to a garage, patio or porch.
GOVERNING BODY. The body of local government having the power to adopt and/or amend ordinances.
GRADE. The percent of slope that a proposed or existing surface makes with the horizontal. Also, the elevation of an existing or proposed surface.
GRADE, FINISHED. The completed surface of lawns, walks and roads brought to grades as shown on official plans on designs related thereof.
GRAVEL PIT. A lot or land or part thereof used for the purpose of extracting stone, sand or gravel for sale as commercial operations.
HEALTH FACILITY. Any building, structure, institution or other place for the reception, accommodation, board, care or treatment 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, including institutions commonly known as nursing homes, homes for the aged, retirement homes, boarding homes for the aged, sanitariums, convalescent homes, homes for the chronically ill, homes for the indigent. The 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 or child placement agencies or those defined in I.C. 16-10-2-3.
HEALTH OFFICER. The Wayne County, Indiana, Health Officer or his or her authorized representative.
HEIGHT. The vertical distance from the highest point on a structure, excepting any chimney or antenna on a building, to the average grade where the walls or other structural elements intersect the ground.
HEIGHT OF BUILDING. The vertical distance measured from the average ground level of the grade line about the building to the mean height between eaves and ridge for pitched roofs, and to the highest part of the roof for flat roofs.
HEIGHT OF BUILDING, HOW MEASURED. The vertical distance measured from the top of the foundation to the highest point of the building, excepting any chimney or antennae.
HISTORIC AND CULTURAL LANDMARK. A building, structure, object, district, land use, area or site of historical significance and designated as a historical landmark on the Register of Historic and Cultural Landmarks.
HOSPITAL. An institution licensed by the State Board of Health and providing health services primarily for in-patient medical or surgical care of the sick or injured and including related facilities such as laboratories, out-patient departments, emergency care facilities, 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.
HOSPITAL, ANIMAL or VETERINARY CLINIC. An area designated for the specific use of hospitalization and treatment of both large and small animals, including the housing of diagnostic equipment, including radiographic instruments, and facilities for attending to the medical and surgical needs for animals in general.
HOTEL. Any building or portion thereof used as a temporary abiding place for remuneration, with or without meals, containing 12 or more guest rooms or suites with no provisions for cooking in any individual room or suite.
HOUSE BOARDING or LODGING HOUSE. A dwelling or part thereof where meals and/or lodging are provided, for compensation, for five or more persons, not transients.
HOUSE, FRATERNITY or SORORITY HOUSE. A building occupied and maintained exclusively for students affiliated with an academic or professional college or university, or other recognized institution of higher learning.
HOUSE ROOMING. A dwelling or other residential structure in which lodging facilities are supplied for pay over an extended period of time and distinguished from tourist home.
HOUSE, TOURIST – BED AND BREAKFAST. A building or part thereof, other than a hotel, boarding house, lodging house, resort or motel, where lodging is provided by a resident family for compensation mainly for transients.
IMPROVEMENT LOCATION PERMIT. A document issued by the Zoning Inspector authorizing buildings, structures or uses consistent with the terms of this chapter and for the purpose of carrying out and enforcing its provisions.
INDUSTRY or INDUSTRIAL. The manufacturing, processing, extraction, heavy repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or wastes. The specific classification of light and general industrial uses are designated by M-1 and M-2 Industrial Zone Districts.
INDUSTRIAL, LARGE SCALE DEVELOPMENT. A large scale industrial development is a tract of land not less than ten acres for non-residential development, which is planned for development as units under single ownership and control and which includes two or more non- residential principal buildings.
INDUSTRIAL PARK. A special or exclusive type of planned, industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors.
INSTITUTIONAL USES. Organizations, establishments, foundations, societies, or the like, devoted to the promotion of a particular cause or program such as a church, parochial school or charitable organization.
JUNK. Includes scrap metals and their alloys, bones, used materials and products (such as rags and cloth, rubber, rope, bottles, old tools and machinery, automobiles, fixtures, appliances, lumber, boxes or crates, pipe and pipe fittings), and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition, but are subject to being dismantled for sale of parts.
JUNK OR SALVAGE YARD. Any area where waste, discarded or salvaged materials are brought, sold, exchanged, baled, packed, stored, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house 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 cars in operable condition, or storage of materials incidental to manufacturing and agricultural operation.
JURISDICTIONAL AREA. The unincorporated territory of Wayne County, Indiana that the County Plan Commission has jurisdiction of for Planning and Zoning.
KENNEL. Any lot or premises or portion thereof on which more than five domestic pets over six months of age are kept; or on which more than three such animals are maintained, bred or cared for, in return for remuneration; or are kept for the purpose of sale. The term KENNEL does not include the boarding or keeping of animals at a facility where the animal has received veterinary medicine services.
(a) KENNEL, SMALL. Any lot or premises on which there are located up to and including ten runs, cages, pens and/or domestic pets over six months of age and where the primary use of the facility is to breed and/or board the animals, whether on a temporary or long-term basis. The number of domestic pets over six months of age shall not exceed ten.
(b) KENNEL, LARGE. Any lot or premises on which there are located more than ten, but less than 20, runs, cages, pens and/or domestic pets over six months of age and where the primary use of the facility is to breed and/or board the animals, whether on a temporary or long-term basis. The number of domestic pets over six months of age shall not exceed 20.
(c) KENNEL, UNLIMITED. Any lot or premises on which there are located more than 20 runs, cages, pens and/or domestic pets over six months of age and where the primary use of the facility is to breed and/or board the domestic pets, whether on a temporary or long-term basis.
LABORATORY. A place devoted to experimental study such as testing and analyzing. Manufacturing, assembly or packing of products is not included within this definition.
LANDFILL, SANITARY. A method of disposing of refuse on land without creating nuisance or hazard to public health or safety, by utilizing principles of engineering to confine the refuse to the smallest practical area, to reduce it to the smallest practical volume, and to cover it with compacted layer of suitable material at the conclusion of each day and at more frequent intervals as necessary.
LIVESTOCK SALES YARD. A tract of land, which is used for the sale of domestic animals such as cattle, sheep, horses and hogs.
LIVING AREA. The area comprised of the enclosed occupied living accommodations within a residence exclusive of basements, garages and open porches.
LOADING SPACE. An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
LOT. A parcel of land occupied or intended to be occupied by a principal building or group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this chapter, having at least the minimum area required by this chapter for a lot in the zone in which lot is situated and having its principal frontage on a public street or road.
LOT AREA. The computed area contained within the lot’s lines.
LOT, CORNER. A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street lines is the corner.
LOT, COVERAGE. The percentage of the lot area that is occupied by the ground area of a building and its accessory buildings.
LOT, DEPTH. The mean horizontal distance between the front and rear lot lines measured in the general direction of the side lot lines.
LOT, FRONTAGE. The linear distance of a lot measured at the front lot line where said lot abuts a street, measured between side lot lines.
LOT INTERIOR. A lot other than a corner lot.
LOT, LINES. The lines separating the lot from a street, alley or other lots.
LOT LINE, FRONT. The line separating the lot from the street on the established or proposed right-of-way lines, whichever is the greater, but in no case shall the line be less than 25 feet from the centerline of the existing or proposed street.
LOT LINE, REAR. The lot line opposite and most distant from the front lot line.
LOT LINE, SIDE. Any lot line other than front or rear lot line. A SIDE LOT LINE separating a lot from a street is called a SIDE STREET LOT LINE. A SIDE LOT LINE separating a lot from another lot or lots is called an INTERIOR SIDE LOT LINE.
LOT LINE, STREET OR ALLEY. A lot line separating the lot from a street or alley.
LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets.
LOT WIDTH. The mean horizontal distance between the side lot lines measured at right angles to its depth at the building line.
LOTS OF RECORD. A lot which is a part if a subdivision, the plat of which has been recorded in the office of the County Recorder or a lot described in a deed by metes and bounds which has been recorded in said office prior to the effective date of this chapter.
MAJOR HIGHWAY PLAN. The part of the Master Plan, now or hereafter adopted by the county, which sets forth the location, alignment, dimensions, identifications and classification of existing and proposed public streets, highways and other thoroughfares.
MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation and connected to the required utilities, including, but not limited to, plumbing, sanitation and electric. The structure shall bear the label of a HUD manufactured home that indicates the home has been inspected in accordance with the requirements of Housing and Urban Development and is constructed in conformance with the Federal Manufactured Home Constructions and Safety Standards in effect on the date of manufacture.
MANUFACTURED HOME OR MOBILE HOME ADDITION. The reconstruction, extension or alteration of an existing manufactured home or mobile home meeting the following: the addition shall be factory designed for the existing manufactured home or mobile home meeting the standards of the Manufactured Housing Association, or meet the requirements of the Building Code of the county for a single-family dwelling.
MANUFACTURED HOME OR MOBILE HOME LOT. A designated site within a manufactured home or mobile home park for the exclusive use of the occupants of the home.
MANUFACTURED HOME OR MOBILE HOME PARK. An area of land upon which two or more homes are harbored for the purpose of being occupied as principal residences and includes all real and personal property used in the operation of the home park.
MANUFACTURED HOME OR MOBILE HOME SUPPORT SYSTEM. A combination of footers, piers, caps and shims that will, when properly installed, support a house.
MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS CODES. Title VI of the 1974 Housing and Community Development Act (Pub. Law No. 93-383, U.S. C. 5401 et sequential), as amended (previously known as the Federal Mobile Home Construction and Safety Act), rules and regulations adopted thereunder, which include information supplied by the home manufacturer, (which has been stamped and approved by a design approval primary inspection agency, who is an agent of the U.S. Department of Housing and Urban Development pursuant to HUD rules), and regulations and interpretations of said code by the State Administrative Building Council.
MANURE. Any liquid or solid animal excreta or waste liquid or contaminated runoff and any other materials commingled with the manure.
MASTER PLAN, COMPREHENSIVE. The complete plan, or any of its parts, for the development of the county, prepared by the Commission and adopted in accordance with I.C. 36-7-4-501 et seq., and all acts amendatory thereto; and are now or may hereafter be in effect.
MICRO WIND ENERGY CONVERSION SYSTEM. A structure-mounted wind system that is mounted on an existing structure that has a nameplate capacity (manufacturer’s rating) of less than ten kilowatts and projects no more than 15 feet above the highest point of the roof; such building-mounted wind systems shall not be considered a wind energy conversion system.
MICRO WIRELESS FACILITY. A small cell facility to which both of the following apply:
(a) The small cell facility is not larger in dimension than:
1. Twenty-four inches in length;
2. Fifteen inches in width; and
3. Twelve inches in height.
(b) If the small cell facility has an exterior antenna, the exterior antenna is not longer than 11 inches.
MINOR MODIFICATION. Any improvement to existing structures that do not qualify as substantial modifications, do not result in an increase to the fall zone to an extent that would result in a violation of the setback requirement and that is eligible for administrative review and approval.
MOBILE HOME. A vehicle which is so constructed as to permit it being used as a conveyance upon public streets or highways by either self-propelled or not self-propelled means, and is designed, constructed, reconstructed or added to by means of an enclosed addition or room, to permit the occupancy as a dwelling. The vehicle may be placed upon a permanent foundation, when required by this chapter, or occupied as a dwelling having no foundation, other than wheels, jacks, skirting or other temporary supports when permissible by ordinance. The vehicle shall bear the label of “state mobile off-site fabricated structure”, certified under 675 I.A.C. 22-15-4-2, and subsequent amendments.
MODEL. A structure placed or erected for the purpose of showing room arrangements and/or other factors valuable in promoting lot sales.
MODULAR HOME. A structure to be used as a dwelling that is constructed or prefabricated, in part or in whole, at a place other than the permanent foundation site. The structure is to be constructed to the Residential Code for One- and Two-Family Dwellings in effect on the date of construction and shall be placed upon a permanent foundation and shall be connected to the required utilities, including, but not limited to, plumbing, sanitation and electric. The structure shall bear the label of “state modular off-site fabricated structure”, certified under 675 I.A.C. 22-15-4-1, and subsequent amendments.
MONOPOLE. A single, freestanding pole-type structure supporting one or more antenna. For purposes of this chapter, a monopole is not a tower.
MOTEL or MOTOR HOTEL. A series of attached, semi-attached or detached sleeping or living units, for the accommodation of transient guests and not customarily including cooking or kitchen facilities, said units having convenient access to off-street parking spaces for the exclusive use of guests or occupants.
NATURAL AREAS. A non-renewable resource of specific biotic communities which are indigenous to the county.
NON-CONFORMING BUILDINGS OR STRUCTURE. A building or structure, legally existing at the time of adoption of this chapter or any amendments thereto, which is designed or located upon a lot and intended for a use which does not conform to the regulations of the district in which it is located.
NON-CONFORMING BULK. A lot of record existing at the time of adoption of this chapter which does not have the minimum width or contain the minimum area for the zone in which it is located.
NON-CONFORMING USE. The use of a building, structure or land legally existing at the time of adoption of this chapter or any amendments thereto, or any previously existing ordinance and amendment thereto, and which does not conform with the use regulations of the district in which it is located.
NURSERY, PLANT MATERIALS. Land, buildings, structure or combination thereof for the storage, cultivation, transplanting of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening and landscaping.
NURSING HOME.
(a) 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 service or supervision;
4. Maintains medical records; or
5. Such facilities may also provide other similar medical or health services.
(b) Examples of NURSING HOME FACILITIES that provide health services may include, if they comply with all the above criteria, nursing homes, convalescent homes, rest homes, homes for the aged and the like but not including a hospital or mental health center.
OBSTRUCTION. Any dam, wall, embankment, levee, dike, pile, protection, excavation, channel, rectification, bridge, conduit, culvert, building, wire fence, rock, gravels, refuse, fill structure or matter in, along, across or projecting into any channel, watercourse or encroachment area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that it is placed where the flow of the water might carry the same downstream.
OFF-SITE MANURE. Manure that is produced by an animal or poultry husbandry activity, or by a CFO or CAFO and is used or stored at a location that is not owned or under the control of the same person or entity whose CFO, CAFO, animal or poultry husbandry produced the manure.
ORDINANCE. The Wayne County, Indiana, Zoning Ordinance, and all amendments thereto.
ORDINARY MAINTENANCE. Ensuring that wireless communications facilities, wireless communications facilities with wireless support structure and wireless support structures are kept in good operating condition. Ordinary maintenance includes inspections, testing and modifications that maintain functional capacity, aesthetic and structural integrity; for example, the strengthening of a wireless support structure's foundation or of the wireless support structure itself. Ordinary maintenance includes replacing antennas of a similar size, weight, shape and color and accessory equipment within an existing wireless communications facility with wireless support structure and relocating the antennas of approved wireless communications facilities to different height levels on an existing monopole or tower upon which they are currently located. Ordinary maintenance does not include minor and substantial modifications.
PARENT TRACT. A parcel of land as it was legally described in the records of the Wayne County Recorder's Office on March 10, 1993, the adoption date of the Wayne County, Indiana Zoning Ordinance, located within the zoning jurisdiction of the Wayne County, Indiana Advisory Plan Commission.
PARK, PLAYGROUND or GAME COURT. An open air recreational facility which is not accessory to any other use on the same or any other lot, but excluding amusement parks and play grounds.
PARK, PLAYGROUND OR GAME COURT, COMMERCIAL. Recreation facilities operated as a business and open to the general public for a fee.
PARK, PLAYGROUND OR GAME COURT, PRIVATE. Recreational facilities operated for restricted use in conjunction with a particular housing development or private residence, open only to the residents and guests of said development or private residence.
PARK, PLAYGROUND OR GAME COURT, RESTRICTED. Recreational facilities operated as a non-profit enterprise by a government or non-profit organization, and open to the general public.
PARKING AREA, PRIVATE. An open, surfaced area, other than a street or public way, designed, arranged and made available for the temporary parking of motor vehicles, of occupants of the building or buildings for which the parking area is developed and is accessory.
PARKING AREA, PUBLIC. An open, surfaced area, other than a street or public way, designed, arranged and made available for the temporary parking of motor vehicles, and available to the public, whether for compensation, free or as an accommodation for clients or customers.
PARKING SPACE. An area, either within a structure or in the open, exclusive of driveways or access drives, for the parking of a single motor vehicle.
PARKING SPACE, OFF-STREET. An off-street area suitable for vehicular parking and having access to a street or public way.
PERFORMANCE, STANDARD. A criterion established in the interest of public health and safety for the control of noise, odor, smoke, noxious gases and other objectionable or dangerous elements generated by and inherent in, or incidental to, certain uses and activities.
PERSON. A corporation, firm, partnership, association, cooperative organization or any other group acting as a unit, as well as a natural person.
PERSONAL SERVICES. Any enterprise conducted for gain which primarily offers services to the general public as shoe repair, watch repair, barber shops, beauty shops and similar activities.
PLANNED DEVELOPMENT (DEVELOPMENT UNIT PROJECT). A residential, commercial, industrial or community development on a parcel of land in single ownership and consisting of two or more buildings having any yard, court, parking or loading space in common.
POOL, SWIMMING (PRIVATE). A swimming pool, used only by the owner of the pool and friends, as an accessory use at a private residence.
POOL, SWIMMING (PUBLIC). Any swimming pool other than a private swimming pool, public or semi-public in character.
(a) CLUB SWIMMING POOL. A swimming pool used by any group or institution on a non-commercial basis for members and friends only.
(b) COMMERCIAL SWIMMING POOL. A public swimming pool which is operated on a commercial basis or primarily for gain.
PORCH. A roofed-over structure projecting from the front, side or rear wall of a building.
PORCH, ENCLOSED. A porch which contains jalousies, permanent glass or louvered windows, screens, panels or any other material on one side or all of its sides projecting from the building.
PORCH, UNENCLOSED (OPEN). A porch that is not enclosed in any way by screens, glass, panels or any other material, with the exception of a balustrade or railing not to exceed three feet in height above the floor of such porch.
PREMISES. One or more lots which are in the same ownership and are contiguous, or separated only by a right-of-way or water body, including all buildings, structures and improvements.
PRIMARY COMMUNICATION TOWER. A tower that is used for public communication purposes. These types of towers include towers for, but are not limited to, cellular communication, broadband Internet service, micro data transmissions, emergency services and commercial satellite television transmitters.
PRINCIPAL BUILDING. A building in which is conducted the main or principal use of the lot on which said building is located.
PROFESSIONAL ACTIVITIES. The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, attorneys, engineers and similar professions.
PROPERTY LINE. The division line between properties of different owners.
PUBLIC. Owned, operated or controlled by a governmental agency, federal, state or local.
PUBLIC UTILITY. Any person, firm, corporation, governmental department or board, duly authorized to furnish and furnishing under state or municipal regulations to the public, electricity, gas, steam, transportation, water or telephone service.
PUBLIC WATER SUPPLY SURFACE INTAKE STRUCTURE. Any structure used for the purpose of providing water through a public water supply system. See statutory reference 327 I.A.C. 16-2-31 regarding “public water supply surface intake structure”.
RAILROAD RIGHT-OF-WAY. A strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, stations, train shed, warehouses, car shops, car yards, locomotive shops or water towers.
RECREATION, COMMERCIAL. Recreation facilities operated as a business and open to the general public for a fee.
RECREATION EQUIPMENT, MAJOR. Includes, but is not limited to, travel trailers, campers, pickup coaches, vans, motorized homes, boats and boat trailers.
RECREATION, NON-COMMERCIAL, PRIVATE. Clubs or recreation facilities operated by a non-profit organization and open only to bona fide members and guests of such non-profit organization.
RECREATION VEHICLE. A temporary dwelling for travel, recreation and vacation use, including, but not limited to:
(a) Travel trailer. A vehicle, identified by the manufacturer as a trailer, built on a chassis eight feet or less wide and 35 feet or less long, and designed to move on the highway.
(b) Pick-up coach. Structure designed to be mounted on a truck chassis or cut down car or truck.
(c) Fifth-wheel coach. Structure designed to be mounted in a truck bed and pulled on the highway, built on a chassis eight feet or less wide and 40 feet or less long.
(d) Motor homes. A self-propelled vehicle with a dwelling constructed as an integral part of the vehicle or so altered.
(e) Camping trailers. A folding structure built on a chassis with wheels and designed to move on the highway.
RECREATION VEHICLE PARK. Any lot, parcel or tract of land approved for the location of two or more recreational vehicle sites, established for maintained for occupancy by recreation vehicles of the general public as temporary living quarters for recreation or vacation purposes.
RELIGIOUS INSTITUTION. A church, temple, chapel, synagogues, convent, seminary, monastery, nunnery, rectory, parsonages, parish houses and religious retreats.
REPAIR. Any construction which replaces materials but does not change the height, number of stories, size or location of a building or other structure.
REPLACEMENT. Removing the pre-existing wireless support structure and constructing a new wireless support structure of proportions and of equal height or such other height that would not constitute a substantial modification to a pre-existing wireless support structure in order to support a wireless communications facility or to accommodate co-location.
RESIDENCE. A building, or any part of a building, which contains living and sleeping accommodations for permanent occupancy. This includes all single-family, two-family, and multi-family dwellings.
RESTAURANT. Any establishment, however designed, at which food is sold for consumption on the premises to patrons seated within an enclosed building, or elsewhere on the premises.
ROADSIDE STAND. A wholly or partially enclosed shed for the sale of neighborhood agricultural products and/or other agricultural related products that are produced on the premises, which stand shall be located so as to permit customers to drive completely off of the highway while dealing. Permitted home-based vendor items from I.C. 16-42-5.3, and as amended are: whole and uncut fruits and vegetables, flowers, unprocessed nuts and legumes, eggs, honey, molasses, sorghum, maple syrup and mushrooms grown as a produce of agriculture (wild mushrooms should be certified).
SANITARIUM, SANATORIUM. A private hospital, whether or not such facility is operated for profit.
SATELLITE MANURE STORAGE STRUCTURE (LARGE). A structure and any associated structures that are designed to store manure, and having a storage capacity of 1,000,000 gallons or more of liquid manure or 5,000 cubic yards or more of solid manure. An LSMSS includes, but is not limited to, a building, a pad, a lagoon, a pit, a pond or a tank.
SATELLITE MANURE STORAGE STRUCTURE (MEDIUM). A structure and any associated structures that are used to store off site manure and having a storage capacity of less than 1,000,000 gallons of liquid manure or less than 5,000 cubic yards of solid manure. An MSMSS includes, but is not limited to, a building, a lagoon, a pad, a pit, a pond or a tank. The staging of manure is not synonymous with the storage of manure.
SCHOOL. An institution consisting of teachers and pupils, irrespective of age, gathering together for instruction in any branch of learning arts or the sciences.
SCHOOL, COLLEGE. Same as elementary and secondary school, except general education is provided above the level of the secondary school and may include junior college, college or university.
SCHOOL, NURSERY. A school designed to provide daytime care in instruction of two or more children from two to five years of age inclusive, and operated on a regular basis.
SCHOOL, VOCATIONAL. Same as elementary school and secondary school; except that, the primary activity is training in a trade or vocation.
SCHOOL AND EDUCATIONAL SERVICES. A business college, trade school, music conservatory, art or dance school or similar organization offering training in a specific field.
SCREEN. A fence, wall, row of evergreen hedges or shrubs, row of supported evergreen vines, or in applicable cases, an accessory building, with components so located, spaced and maintained that it provides an effective visual barrier, six feet or more in height.
SCREENED, EFFECTIVELY. A particular use shall be considered effectively screened when barriers of sufficient height and density are provided so as to reduce the transmission of light and sound into adjacent property.
SEMI-TRAILER. See TRUCK TRAILER.
SENSITIVE AREA. A site where conditions poses a specific water quality threat to one or more of the following: public water supply wells; wellhead protection areas; drinking water supply reservoirs; identified wetlands, except for wetlands constructed for manure management; Karst terrain; habitat of an endangered species; and natural areas including parks, natural preserves as regulated under I.C. 14-31, historic sites as defined by I.C. 14-8-2-125, and public lands as defined by I.C. 14-38-1-5. See statutory reference 327 I.A.C. 16-2-34 regarding “sensitive area” and 327 I.A.C. 16-2-21 regarding “karst terrain”.
SETBACK. The required distance between a structure or accessory structure and any lot line on which structure is located.
SETBACK, FRONT. The distance from the centerline of the right-of-way to the front wall or that part of the structure nearest the street line, not including steps or open porches, measured at right angles from the street line, with the exception of a primary structure, on an irregular shaped parcel, (e.g., triangle shaped), which is not parallel with the road, but which creates natural front, side and rear yard areas. See Diagram "A" below.
SETBACK, REAR. The distance from the rear lot line of the nearest part of the structure, measured from the rear lot line.
SETBACK, SIDE. The distance from the side lot line to the nearest part of the structure, measured from the side lot line.
SEWERS, CENTRAL OR GROUP. An approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community or region.
SEWERS, ON-SITE. A septic tank or similar installation on an individual lot for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of the County Health Department.
SHADOW FLICKER. The shadow on the ground and surrounding structures that is caused by the rotating blades of the WECS.
SHOPPING CENTER. A group of commercial establishments, planned, developed, owned and managed as a unit, with off-street parking on the property and related in its location, size and type of shops to the trade area which the unit serves.
SHORT-TERM RENTAL. The rental of an owner's primary residence "for terms of less than 30 days at a time through a short term rental platform... Is a permitted residential use under any applicable zoning ordinance of a unit and may not be disallowed by any zoning ordinance (as defined in I.C. 36-7-1-22) in a zoning district or classification of a unit that permits residential use." "The term includes a detached accessory structure, including a guest house, or other living quarters that are intended for human habitation, if the entire property is designated for a single family residential use. The term does not include property that is used for any nonresidential use." (HB1035 signed into law (I.C. 36-1-24) by Indiana Governor Eric Holcomb on March 14, 2018, Effective July 1, 2018.)
SIDEWALK. The portion of the road right-of-way, which is improved for the use of pedestrian traffic.
SIGN. Any writing, pictorial representation, emblem, flag or any other figures of similar character which is a structure or part thereof or is attached or painted on or in any manner represented on a building or structure; and is used to announce, direct attention to, or advertise; and is visible from outside a building. The word SIGN includes the word billboard, but does not include the flag, pennant or insignia of any nation, state, city or other political unit, or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. Further, this definition shall not be held to include any board, sign or surface used to display any official notices issued by any court or public office or posted by a public officer in the performance of a public duty.
SIGN, AREA OF. The total exterior surface computed in square feet of a sign having, but one exposed exterior surface; one-half the total of the exposed exterior surface computed in square feet of a sign having more than one surface.
SIGN, ADVERTISING. A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises where displayed or only incidentally on the premises.
SIGN, BUSINESS. A sign which directs attention to an activity, business or profession conducted on the premises where displayed. A real estate sign advertising the sale, rental or lease of the premises on which it is maintained, institutional bulletin boards and a professional or announcement sign accessory to a home occupation or dwelling shall not be deemed a BUSINESS SIGN.
SIGN, EXTERIOR ON-PREMISES. A "sign" which directs attention to a business, institutional use or community use conducted on the premises where displayed. A real estate sign advertising the sale, rental, or lease of the premises on which it is maintained shall not be deemed an "exterior on-premises sign".
SITE PLAN. A plan of a lot on which is shown location of all existing or proposed buildings, structures, rights-of-way, boundaries and all essential dimensions.
SMALL CELL FACILITY.
(a) 1. A personal wireless service facility (as defined by the Federal Telecommunications Act of 1996 as in effect on July 1, 2015); or
2. A wireless facility that satisfies the following requirements:
a. Each antenna, including exposed elements, has a volume of six cubic feet or less.
b. The primary equipment enclosure located with the facility has a volume of 28 cubic feet or less.
(b) For purposes of division (a)2.b., the volume of the primary equipment enclosure does not include the following equipment that is located outside the primary equipment enclosure: electric meters, concealment equipment, telecommunications demarcation boxes, ground based enclosures, back-up power systems, grounding equipment, power transfer switches and cut-off switches.
SMALL CELL NETWORK. A collection of interrelated small cell facilities designed to deliver wireless service.
SPECIAL EXCEPTION. A use permitted within a district other than a principally permitted use requiring approval of the Board of Zoning Appeals because of its unusual nature.
STAGING. The temporary placement of manure in a pile at the site where the manure will be land applied. See statutory reference 327 I.A.C. 16-2-37 regarding “staging”.
STORY. The portion of a building, including 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.
STORY, FIRST. The lowest story or the ground story of any building the floor of which is not more than 12 inches below the average level of the adjoining ground at the exterior walls of the building; except that any basement or cellar used as a dwelling shall be deemed the FIRST STORY.
STORY, HALF. A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three feet above the floor of such story; provided, however, that, any partial story used as a dwelling shall be deemed a full story.
STORY, HEIGHT OF. The vertical distance from the top surface of the floor to the top surface of the floor next above. The height of the topmost story is the distance from the surface of the floor to the top surface of the ceiling joists.
STORY, MEZZANINE. A story which covers one-third or less of the area of the story directly underneath it. A MEZZANINE STORY shall be deemed a full story in case it covers more than one-third of the area of the story directly underneath it.
STREET. An area which primarily serves or is intended to serve as a vehicular or pedestrian access to abutting property or to other streets.
STREET, APPROVED. Any street, whether public or private, meeting the standards and specifications of the county.
STREET, PRIVATE. Any street which is under the jurisdiction of an individual, corporation or trustee or any street which is privately owned, established and maintained.
STREET, PUBLIC. Any right-of-way 50 feet or more in width which provides a public means of access to abutting property, or any other such right-of-way more than 20 feet in width and less than 50 feet in width; provided, it existed prior to the enactment of this chapter which is or will be dedicated for public use.
STREET, RIGHT-OF-WAY LINE. A line determining the limit of the highway rights of public, either existing or contemplated.
STRUCTURE. Anything constructed, the use of which requires permanent location on the ground, or attached to something having permanent location on the ground excluding fences. A pond or lake including a dam or constructed retainer and any impounded liquid to normal water line shall also be considered a STRUCTURE within this definition.
STRUCTURALLY ALTERED. Changes which increase, extend or enlarge the building or convert the existing building into a different structure or affect the form of character of an existing building or structure.
SUBDIVIDE and SUBDIVISION.
(a) SUBDIVIDE. The further division of any parent tract, which has already been legally divided into a maximum of two parcels as described under Exemption #1, resulting in a lot or lots, each with less than 20 acres of vacant land for residential, commercial or industrial developmental purposes or land that has legally been developed for residential, commercial or industrial use after March 10, 1993, is subject to the control of the Subdivision Ordinance. All divisions of parcels are subject to the requirements of the Zoning Ordinance District in which the division occurs unless variance(s) are granted by the Board of Zoning Appeals or by the Advisory Plan Commission through the subdivision hearing process.
(b) MINOR SUBDIVISION. The division for residential, commercial or industrial developmental purposes of a parcel into not more than three proposed lots with less than 20 acres each, which are subject to the control of the Subdivision Ordinance, and where there is not an opening of a new public way.
(c) MAJOR SUBDIVISION. All other divisions for residential, commercial or industrial developmental purposes of a parcel into proposed lots with less than 20 acres each, which are subject to the control of the Subdivision Ordinance, and where a new street or major utility will be required to be constructed or extended or where adjoining parcels will utilize drainage improvements.
(d) DIVISIONS OF LAND EXEMPT FROM THE SUBDIVISION ORDINANCE.
1. The division of any parent tract, since March 10, 1993, into not more than two parcels with less than 20 acres each for the purpose of residential, commercial or industrial development, said new parcels being vacant or legally developed after March 10, 1993, are exempt from the control of the Subdivision Ordinance, providing each lot can be shown to meet all the following criteria:
a. Each lot has sufficient frontage onto an existing public thoroughfare, unless exempt by the zone district's development standards.
b. Does not involve the construction of a new public thoroughfare.
c. Does not require the extension of a public water and/or public sewer system nor does the land divided have public water and/or public sewer available.
d. It can be demonstrated that each lot is of sufficient soil type(s) to support the installation of a private septic system, or each lot can be served by a regulated sewer system.
e. The division of land is not in conflict with any portion of the Comprehensive Plan or Zoning Ordinance.
f. Each lot shall have an approved driveway entrance, or legal access if no frontage is required by the zone district's development standards.
g. The Plan Administrator shall determine that such a division of land will likely not have an adverse effect on the lands adjoining the divided properties.
h. The division of land does not result in a landlocked parcel, unless said parcel is exempt from a frontage requirement by the zone district's development standards or is joined by Auditor's Certificate to an abutting parcel with sufficient frontage along a public thoroughfare.
2. The division of any tract or parcel of land resulting in a new parcel of 20 acres or more or where all resulting parcels are 20 acres or more, said new parcels being vacant or legally developed for residential, commercial or industrial use on or before March 10, 1993, are exempt from the control of the Subdivision Ordinance.
3. The division of any tract or parcel of less than 20 acres, which encompasses residential, commercial or industrial development legally existing on or before March 10, 1993, is exempt from the control of the Subdivision Ordinance.
4. A division of land for the transfer of a tract or tracts to correct errors in an existing legal description, provided that no additional building sites are created, and no additional public improvements are required or created.
5. A division of land for federal, state, or local government to acquire right-of-way.
6. A division of land for the transfer of a tract or tracts between adjoining lots provided that no additional building sites are created, and no additional public improvements are required.
7. A division and allocation of land in the settlement of an estate of a decedent or a court decree for the distribution of property.
8. The widening or improvement of an existing public thoroughfare.
9. The division of land for the acquisition of a thoroughfare right-of-way by a public agency.
10. A division of land into lots for the purpose of creating cemetery plots.
11. A division of land of five acres or more, for agricultural purposes only, with no residential use.
SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the fair market value of the structure either:
(a) Before the improvement is started; or
(b) If the structure has been damaged and is being restored, before the damage occurred.
SUBSTANTIAL MODIFICATION. Of a wireless support structure means the replacement of a wireless support structure and/or the mounting of a wireless communications facility on a wireless support structure in a manner that: (1) increases the height of the wireless support structure by the greater of: (A) 10% of the original height of the wireless support structure; or (B) 20 feet; (2) adds an appurtenance to the wireless support structure that protrudes horizontally from the wireless support structure more than the greater of: (A) 20 feet; or (B) the width of the wireless support structure at the location of the appurtenance; (3) increases the square footage of the equipment compound in which the wireless communications facility is located by more than 2,500 square feet; or (4) any improvement that results in a structure which fails to meet the general standards and design requirements for wireless communications facilities set forth in §§ 156.370 through 156.375. The term does not include the following: (1) Increasing the height of a wireless support structure to avoid interfering with an existing antenna; (2) Increasing the diameter or area of a wireless support structure to: (A) shelter an antenna from inclement weather; or (B) connect antenna to the wireless support structure by cable.
SUITABLY LANDSCAPED. Landscaped with vegetation of a type sufficient to effectively screen differing uses, enhance the quality of the environment, limit erosion and protect the general welfare.
SURFACE WATER. Water present on the surface of the earth including streams, lakes, ponds, rivers, swamps, marshes or identified wetlands except for wetlands constructed for manure management. See statutory reference 327 I.A.C. 16-2-39 regarding “surface water”.
SWEPT AREA. The outer most diameter of the circle created by a turning rotor(s) or blade(s) of a WECS.
TEMPORARY TRACT OFFICE. A structure, placed or constructed for the purpose of housing personnel and equipment required for development or sale of the development, which shall be removed when no longer needed.
TERRACE. An open porch without a permanent roof.
THEATER. A building or part of a building devoted to showing moving pictures or stage productions on commercial basis.
TOTAL HEIGHT. Regarding WECS, the distance measured from the ground level at the base of the tower to the highest extension of the blade or rotor.
TOURIST CABINS. A group of buildings, including separate cabins which contain living and sleeping accommodations for transient occupancy.
TOWER. A lattice-type structure, guyed or freestanding, that supports one or more antennas.
TOWN HOUSE. A building consisting of a series of one-family attached dwelling units having common party walls between each dwelling unit, and utilizing common open space and parking.
TRUCK TRAILER. A non-motorized freight vehicle to be drawn by a motortruck or a combination of a truck trailer and its motortruck.
USE. The specific purpose for which land or a building or structure is arranged, designed or intended, or for which either land or a building, or a structure is, or may be occupied or maintained.
USE, PERMITTED. Any building, structure, or use which complies with applicable regulations of this chapter, governing uses of the zone district in which such building, structure or use is located.
USE, PERMITTED FIRST IN ‘X’ DISTRICT. A use which in the sequence of successively less restricted districts occurs as a permitted use for the first time in the “X” district.
USE, PRINCIPAL. The main or primary purpose of which a building, structure or land is designed, arranged or intended, or for which they may be used, occupied or maintained under this chapter. The use of any other building, or structure on the same land and incidental or supplemental thereto and permitted under this chapter shall be considered an accessory use.
USE, PROHIBITED. A use of a building, structure, lot or land or part thereof which is not listed as a permitted or special exception use.
USE, PUBLIC. Public parks, schools, fire and police stations, libraries, museums, city and town halls, county courthouses, utility complexes, fairgrounds and other administrative and cultural buildings and structures, but not including public land or buildings devoted solely for the storage and maintenance of equipment and materials and public service facilities.
USE, QUASI, PUBLIC. Churches, Sunday schools, private and parochial schools, colleges, hospitals, cemeteries and other facilities of an educational, religious, charitable, philanthropic or non-profit nature.
UTILITY POLE. A structure that is owned or operated by public utility, communications service provider, municipality, electric membership corporation, or rural electric cooperative and that is designed and used to carry lines, cables, or wires for telephony, cable television, or electrical transmission, or to provide lighting. The term does not include a wireless support structure or an electrical transmission tower.
USE, TEMPORARY. An activity conducted for specific limited period of time which may not otherwise be permitted by the provisions of this chapter.
VEGETATIVE MANAGEMENT SYSTEM. An area with vegetation designed to accept contaminated runoff or waste liquid after settling for the purpose of treatment or infiltration into the soil. See statutory reference 327 I.A.C. 16-8-10 regarding “vegetative management system”.
VETERINARY CLINICS (COMMON LARGE, DOMESTICATED ANIMALS). A building or part of a building in which facilities are provided for the prevention, care, cure and alleviation of disease and/or injury to large, domesticated animals, and in conjunction with which there may be facilities provided for the sheltering of animals during the treatment period. Examples of common large, domesticated animals are horses, cattle, sheep, pigs, goats, llama, alpaca, and donkey.
VETERINARY CLINICS (COMMON SMALL, DOMESTICATED ANIMALS). A building or part of a building in which facilities are provided for the prevention, care, cure and alleviation of disease and/or injury to common small, domesticated animals, and in conjunction with which there may be facilities provided for the sheltering of animals during the treatment period. Examples of common small, domesticated animals are dogs, cats, fowl, guinea pigs, ferrets, rabbits, mink, rats, mice, fish, and reptile.
VICINITY MAP. A small drawing located on the plat which sets forth the relationship of a proposed subdivision or use to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.
WALL. A structure of wood, stone, or other materials or combination thereof intended for defense, security, screening or enclosure, or for the retention of earth, stone, fill or other materials as in the case of retaining walls or bulkheads.
WALL, PARTY. A wall starting from the foundation and extending continuously through all stories to or above the roof which separates one building unit from another and is in joint use by each building unit.
WIND ENERGY CONVERSION SYSTEM (WECS). The equipment that converts and then stores or transfers energy from the wind into usable forms of energy and includes any base, blade, foundation, generator, nacelle, rotor, wind tower, transformer, turbine, vane, wire or other component used in the system. WECS shall be classified as either a:
(a) LARGE WIND ENERGY CONVERSION SYSTEM. A WECS that has a nameplate capacity (manufacturer’s rating) of more than 50 kilowatts per wind tower, or a total height of more than 100 feet or a swept area of more than 30 feet. Any WECS meeting one or more of these criteria shall be considered a LARGE WIND ENERGY CONVERSION SYSTEM; or
(b) SMALL WIND ENERGY CONVERSION SYSTEM. A WECS that has a nameplate capacity (manufacturer’s rating) of 50 kilowatts or less per wind tower, and a total height of 100 feet or less, and a swept area of 30 feet or less shall be considered a SMALL WIND ENERGY CONVERSION SYSTEM.
WIND FARM. Two or more large wind energy conversion systems on a single property or aggregated properties.
WIND TOWER.
(a) The monopole, freestanding, or guyed structure that supports the energy capture, conversion, storage and transfer components of a WECS.
(b) These WIND TOWERS are not attached to any building.
WIRELESS COMMUNICATIONS FACILITY (WCF). The set of equipment and network components that are: (1) owned and operated by a communications service provider; (2) necessary to provide wireless communications service and (3) outside of a dedicated right-of-way. The term does not include a wireless support structure. For purposes of this chapter the term also includes micro wireless facility, small cell facility and small cell network.
WIRELESS COMMUNICATIONS FACILITY WITH WIRELESS SUPPORT STRUCTURE (WCFWWSS). Examples include a lattice or self-supporting tower, a guyed tower and a monopole, along with accessory equipment, antenna(s), co-located equipment, ground equipment, including all electrical work, boxes, panels, electrical platforms with/without canopies, equipment shelter buildings, etc. all within a security fenced compound with locking gate, outside of a dedicated right-of-way. The term also includes a concealed wireless communications facility with or without a security fence depending on the design.
WIRELESS COMMUNICATIONS SERVICE. Services, whether mobile or at a fixed location, that are provided using wireless communications facilities through licensed or unlicensed spectrum.
WIRELESS SUPPORT STRUCTURE (WSS). A freestanding structure that is designed to support or is capable of supporting wireless communications facilities, outside of a dedicated right-of-way. The term does not include a utility pole or an electrical transmission tower.
YARD. An open space other than a court, on a lot, unoccupied and obstructed from the ground upward except as permitted in this chapter.
YARD, FRONT. A yard extending across the full width of the lot between any part of a building not hereafter excepted and the front lot line; and the depth of a front yard is the minimum horizontal distance between any part of the building, other than such parts as hereinafter excepted, and the front lot line.
YARD, FRONT DEPTH, HOW MEASURED. Yard measurement, for property abutting a public thoroughfare, shall be made from the centerline of said street or roadway.
YARD, REAR. A yard extending across the full width of the lot between a building and the rear lot line; and the depth of a rear yard is the minimum horizontal distance between any part of the building, other than such parts as hereinafter excepted, and the rear lot line.
YARD, SALES, PRIVATE OR RUMMAGE. A sale of used clothing and/or household items conducted only by the immediate members of one or two families in a residence, private garages, porch or yard.
YARD, SIDE. A yard extending between the front yard and the rear yard between a building and the nearest side lot line; and the width of a side yard is the minimum horizontal distance between any part of a building, other than such parts as hereinafter excepted, and the nearest side lot line.
YARD, SIDE WIDTH, HOW MEASURED. Side yard width shall be measured from the nearest side lot line and, in case such lot line is a side street lot line, from the right-of-way line of the existing street; provided, however, that, if a proposed right-of-way line of such street has been officially established, then the required side yard least width shall be measured from such proposed right-of-way line.
YARD, SUPPLY. A commercial establishment storing and offering for sale building supplies, steel, coal, heavy equipment, feed and grain and similar goods.
ZONING INSPECTOR. The Zoning and Subdivision Administrator of the county or his or her authorized representative.
ZONING MAP. The Zoning Map or maps of the county, together with all amendments subsequently adopted.
(Ord. passed 3-10-1993; Ord. passed 12-21-1994; Ord. passed 7-1-1997; Ord. 2003-02, passed 3-26-2003; Ord. 2005-009, passed - -2005; Ord. 2009-012, passed 11-18-2009; Ord. 2009-013, passed 11-18-2009; Ord. 2015-002, passed 3-18-2015; Ord. 2016-010, passed 12-7-2016; Ord. 2019-012, passed 8-21-2019; Ord. 2023-02, passed 4-12-2023)