§ 156.003  DEFINITIONS.
   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESSORY BUILDING.  A subordinate building or a portion of a main building, the use of which is incidental to that of the main building.
   ACCESSORY USE.  A use which is incidental to the main use of the premises.
   ALLEY.  A public thoroughfare which affords only secondary means of vehicular access to abutting property and not more than 20 feet in width.
   APARTMENT.  A building or portion thereof designed for or occupied by more than two families.  See DWELLING, MULTIPLE.
   AUTOMOBILE OR TRAILER SALES AREA.  An open area, other than a street, used for the display, sale or rental of new or used automobiles or trailers, and where no repair work is done except minor incidental repair of automobiles or trailers to be displayed, sold or rented on the premises.
   AUTOMOBILE WRECKING.  The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, obsolete or wrecked vehicles or their parts.
   BASEMENT.  A story, wholly or partially underground, which, unless subdivided into rooms and used for tenant purposes, shall not be included as a story for the purpose of height measurement.
   BOARDING HOUSE.  A building where meals are regularly served for compensation for three or more persons but not exceeding 12 persons, not open to transients, in contradistinction to hotels and restaurants open to transients.
   BLOCK.  Property having frontage on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting streets and railroad right-of-way or waterway.
   BUILDING.  A structure having a roof supported by columns or walls for the shelter, support, enclosure or protection of persons, animals, chattel or property.  When separated by party walls without openings, each portion of such building shall be considered a separate structure.
   BUSINESS.  The engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services, maintenance or operation of offices, or recreational and amusement enterprises for profit.
   CAMP, PUBLIC.  Any area or tract of land used for or designed to accommodate two or more automobile house trailers or two or more camping parties, including cabins, tents or other camping outfits.  See MOTEL or TOURIST LODGE.
   COMMISSION.  The Town Plan Commission.
   DISTRICT.  A section of the town for which uniform regulations governing the use, height, area, size, intensity of use of buildings and land and open spaces about buildings are established.
   DWELLING.  Any building or portion thereof which is designed or used exclusively for residential purposes.
   DWELLING, DOUBLE.  A two-family dwelling designed to house two families living side by side.
   DWELLING, DUPLEX.  A two-family dwelling designed to house two families living one above the other.
   DWELLING, SINGLE-FAMILY.  A detached building designed for or occupied by one family, exclusively.
   DWELLING, TWO-FAMILY.  A detached building designed for or occupied by two families living independently.
   FAMILY.  A group of one or more persons occupying a building and living as a single housekeeping unit.
   FARM PRODUCER.  A person or entity that raises or produces farm products on land that the person or entity farms and owns, rents, or leases.
   FARM PRODUCTS. Fruits, vegetables, grains, straw/hay, mushrooms, herbs, nuts, shell eggs, honey or other bee products, flowers, nursery stock, livestock food products (including meat, milk, cheese and other dairy products), and fish.
   FARMERS’ MARKET.  An outdoor market open to the public, operated by a governmental agency, a nonprofit corporation, or one or more farm producers, at which at least 75% of the products sold are farm products or value-added farm products, and at least 75% of the vendors regularly participating during the market’s hours of operation are farm producers, or family members or employees of farm producers.
   FILLING STATION.  Any building, structure, premises or enclosure or other place used for the dispensing, sale or offering for sale at retail of fuels or oils for motor vehicles.  When the dispensing, sale or offering for sale is incidental to the conduct of a public garage, the premises shall be classified as a public garage.
   FRONT YARD LINE.  The line establishing a front yard between which line and the street, the location of buildings, uses or portions of building is regulated by this chapter.
   GARAGE, PRIVATE.  An accessory building with capacity for not more than three motor vehicles for storage only, not more than one of which may be a commercial vehicle of not more than three tons capacity.  Provided, however, that a garage designed to house one motor vehicle for each family housed in an apartment shall be classed as a private garage.
   GARAGE, PUBLIC.  Any building or premises, except those defined above as a PRIVATE GARAGE, used for the storage or care of motor vehicles or where such vehicles are equipped for operation, repair or kept for remuneration, hire or sale.
   GROUP HOUSE.  A group of dwellings constructed in a row, with the dwelling units separated by vertical party walls without opening.
      (1)   For buildings having walls, adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.
      (2)   For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the center of all walls adjoining the streets.
      (3)   For buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls of the building.
   Any wall approximately parallel to and not more than five feet from a street line is considered adjoining the street.
   HEIGHT OF BUILDING.  The vertical distance from the grade to the highest point of the building for flat roofs; to the deck line for mansard roofs; and to the main height level, between eaves and ridges for gables and hip roofs.
   HOME OCCUPATION.  Any occupation carried on by a member of the family residing on the premises in connection with which there is used one professional sign, other than the name plate, not more than one square foot in area, that will indicate from the exterior that the building is being used in part for any other purpose than that of a dwelling; there is kept no stock in trade; no commodity is sold on the premises; and no person is employed other than a member of the family residing on the premises.
   HOTEL.  A building in which lodging is provided and offered to the public for compensation and which is open to transient guests, as distinct from a boarding house or lodging house.
   INSTITUTION.  A building occupied by a nonprofit corporation or a nonprofit establishment for public use.
   KENNEL.  Any lot or premises on which four or more dogs, at least four months of age, are kept.
   LODGING HOUSE.  A building where lodging only is provided for compensation to three or more but not exceeding 12 persons, not open to transients, distinct from a hotel, which is opened to transients.
   LOT.  A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building and its accessory buildings, and the open spaces required by this chapter, and having its principal frontage on a street or an officially designated and approved place.
   LOT, CORNER.  A lot abutting two or more streets at their intersection.
   LOT, DEPTH OF.  The main horizontal distance between the front line and the rear line of the lot.
   LOT, INTERIOR.  A lot other than a corner lot or through lot.
   LOT LINE, FRONT.  In the case of an interior lot, a line separating the lot from the street or place; in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in cases where deed restrictions in effect specify another line as the front lot line.
   LOT LINE, REAR.  A lot line which is opposite and farthest from the front line and, in the case of an irregular or triangular shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front line.
   LOT OF RECORD.  A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder; or a parcel of land, the deed to which has been recorded in the office of the County Recorder, prior to the passage of this chapter.
   LOT LINE, SIDE.  Any lot boundary line not a front line or a rear lot line.
   LOT, THROUGH.  A lot having frontage on two streets at opposite ends of the lot.
   MOTEL.  A building or group of buildings in which lodging is provided and offered to the public for compensation and catering primarily to the public traveling by motor vehicle.
   NONCONFORMING USE.  A building or premises which does not conform in its use and otherwise with all the regulations of the district in which such building or premises is located.
   OPEN SPACE.  An area of land not covered by structures or accessory uses except for those related to recreation. Open space may include nature areas; streams and flood plains; meadows or open fields containing baseball, football, and soccer fields, golf courses, swimming pools, bicycle paths, etc. Open space does not include street rights-of-way, platted lot area, private yards, patio areas, or land scheduled for future development.
   PARKING LOT.  A parcel of land devoted to unenclosed parking space for five or more motor vehicles for compensation or otherwise.
   PLACE.  An open or unoccupied space other than a street or alley, permanently reserved for use as the principal means of access to abutting property.
   PROFESSIONAL OFFICE.  When conducted in a residential district, a PROFESSIONAL OFFICE shall be incidental to the residential occupancy of the building, shall be conducted entirely within a residential building and shall include only the office of doctors, lawyers, engineers, theologians or similar occupations that involve mental, rather than manual, labor.
   SEASONAL RETAIL SALES.  Outdoor sales of merchandise or materials of a seasonal nature, conducted by an established business on its own premises, or by a vendor contracted with an established business on its own premises.  Examples may include sales of mulch, pumpkins, lawn equipment or furniture, snow blowers, and the like.
   SITE ALTERATION. Activities that would change the land form and natural vegetative characteristics of a site. Examples include, but are not limited to, fill, grading, excavation, removal of topsoil, placement of impervious or gravel surface, clearing of wooded areas (except as part of an agricultural operation), damming, and changes to water courses.
   STABLE, PRIVATE.  A detached accessory building for the keeping of horses owned by the occupants of the premises and not kept for renumeration, hire or sale.
   STABLE, PUBLIC.  A stable other than a private stable.
   STORAGE CONTAINER.  A shipping container, semi-truck trailer, “POD”, or similar portable container or vehicle used for storage.  A shipping container converted to a permanent non-storage use is not included in this definition.
   STORY.  That portion of a building included between the surface of any floor and the surface of the floor next above it.  If there is no floor above it, the space between such floor and the ceiling next above it shall be the STORY.
   STORY, HALF.  That portion of a building under a sloping gable, hip or gambrel roof, the wall plates on at least two opposite walls of which are not more than five feet above floor level of such half story.
   STREET.  A public thoroughfare 20 feet or more in width between property lines which affords principal means of vehicular access to abutting property.
   STRUCTURE.  Anything constructed or erected, the use of which requires more or less permanent location on the ground or which is attached to something permanently located on the ground.
   STRUCTURAL ALTERATION.  Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders or any substantial change in the roof or in the exterior walls.
   TEMPORARY USE.  A use of land that is designed, operated, and occupies a site for a limited or finite duration, typically less than 12 months.
   TEMPORARY FIREWORKS SALES. Businesses or persons selling fireworks (as defined by I.C. 22-11-14-1) as the majority of their sales for a short-term duration.  This applies to all fireworks sales occupying a temporary structure and those occupying a permanent structure with less than a six-month lease.  This does not apply to general retail businesses selling fireworks as a minor component of total sales, wholesalers, or permanently established fireworks retailers that have public business hours throughout the year.
   TOURIST HOME.  A residence in which lodging for not more than five transient guests is provided, which has not required structural alterations and which the residential use has not been discontinued.
   TRANSIENT RETAIL SALES.  Short-term sales of merchandise, food products, or services, by a person or business that is not previously established on the premises on which the sale occurs.
   VALUE-ADDED FARM PRODUCT.  Any product processed by a farm producer from a farm product, such as baked goods, jams, and jellies.
   YARD, FRONT.   An open, unoccupied space between the front line of the building and the front line of the lot.  The front line of the building shall be the line of the main wall nearest to and facing the street, including sun parlors and enclosed porches and excluding only steps below the first floor level and entranceways and open unroofed porches and terraces.
   YARD, REAR.   An open space between the rear line of the lot and the rear line of the building, extending the full width of the lot and unoccupied except for authorized accessory buildings.
   YARD, SIDE.   An open, unoccupied space on the same lot with a building between the side line of the building and side line of the lot and extending to a point 25% of the depth of the lot measured from the front to the rear line of the lot.
(Ord. 70-2, passed 5-11-70; Am. 2012-09, passed 1-14-13; Am. Ord. 2013-01, passed 2-11-13; Am. Ord. 2013-08, passed 8-12-13)