For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONMENT. To cease or discontinue use or activity for a period of one year, but excluding temporary or short term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.
ACCESSORY BUILDING OR STRUCTURE. A building or use which:
(1) Is subordinate to and serves a principal building or principal use;
(2) Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served;
(3) Is subordinate in area, extent, or purpose to the principal building or principal use served; and
(4) Is located on the same lot as the principal use or structure served, with the exception of accessory off-street parking facilities as are permitted elsewhere than on the same lot with the use or structure.
ACCESSORY USE. A use incidental to, and on the same lot as, a principal use. See also HOME OCCUPATION.
ADULT ENTERTAINMENT. Live entertainment or the sale or display of any book, magazine, poster, or photograph, or any other item, depicting specified sexual activities, including without limitation: human genitals in a state of sexual stimulation or arousal; or erotic touching of human genitals, pubic region, buttock, or female breast; or specified anatomical areas being less than completely and opaquely covered, human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola. By way of illustration and not limitation, ADULT ENTERTAINMENT shall include nude and semi-nude dancing, striptease dancing, lingerie shows, wet tee-shirt contests, and other similar activities.
AGRICULTURE. The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary uses for packing, treating, or storing the produce; however, the operation of any accessory uses shall be secondary to that of the normal agricultural activities. AGRICULTURE shall not include feed lots, stock yards, or the commercial feeding of garbage or offal to swine or other animals.
AGRICULTURE ZONING DISTRICT. An AG or AG-B district.
ALLEY. A public right-of-way, other than a street, road, crosswalk, or easement, that provides secondary access to abutting property.
APARTMENT. One or more rooms in an APARTMENT building or combination APARTMENT and commercial building intended, designed, or occupied on a rental basis as a dwelling unit by an individual or single family.
APARTMENT BUILDING. A multiple-family housing structure designed and constructed to accommodate four or more apartments, in contrast to single- or two-family dwellings converted for multiple family use.
ATTACHED BUILDING. A building that is structurally connected to another building by a foundation, wall, or roof line. Carports, garages, porch awnings, and the like shall be considered ATTACHED BUILDINGS and abide by all regulations pertaining to primary buildings.
AUTO REPAIR, MAJOR. Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame, or fender straightening or repair; and overall painting of vehicles.
AUTO REPAIR, MINOR. Incidental repairs, replacement of parts, and motor service to automobiles, but excluding any operation specified under AUTO REPAIR, MAJOR.
AUTO/RV SALES.
New and used car dealerships, RV dealers, boat sales, new and used truck sales, motorcycle sales, recreational vehicle sales.
AUTOMOBILE SERVICE STATION. Any building or premises used for the dispensing, sale, or offering for sale at retail to the public, lubricating oils or grease for the operation of automobiles; and the sale and installation of tires, batteries, other minor accessories, and minor auto repair, not including automobile, gasoline sales and commercial car washes.
BED AND BREAKFAST. An owner occupied or owner employee occupied residence containing no more than six rooms for hire, for lodging by prearrangement for periods not to exceed three consecutive weeks and providing for occasional meals daily, and not a hotel, boarding or lodging house, or motel.
BLOCK. An area that abuts a street and lies between two adjoining streets or barriers such as a railroad right-of-way or natural barriers.
BOARD. The Board of Zoning Appeals of the town.
BOARDING HOUSE. A building, not available to transients, for at least four but not more than 20 persons, in which meals are regularly prepared and served for compensation and where food is placed upon the table family style, without service or ordering of individual portions from a menu.
BUFFER AREA. A strip of land, identified on a site plan or by a zoning ordinance, established to protect one type of land use from another land use that is incompatible; maintain existing vegetation; block or reduce noise, glare, or other emissions; and to maintain privacy. See SCREENING.
BUILDING. A structure having a roof, supported by columns or walls, for the shelter, support, or enclosure of persons, property, or animals; and when separated by division walls from the ground up and without openings, each portion of the BUILDING shall be deemed as a separate BUILDING. BUILDING includes the word STRUCTURE, and vice versa.
BUILDING AREA. The horizontal area of the buildings on a lot, measured from the outside exterior walls, excluding open areas or terraces, unenclosed porches or decks, and architectural features that project no more than two feet.
BUILDING LINE. The line that establishes the minimum permitted distance on a lot between the front line of a building and the street right-of-way.
BUSINESS. The engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise, or services, or the maintenance or operation of offices, recreational, agricultural, or amusement enterprises.
BUSINESS/ RETAIL COMPLEX. A multi-tenant building or development, operating under single ownership or unified control, which is operated principally for retail, service or commercial uses.
BZA. The Board of Zoning Appeals of the town.
CEMETERY. Land used or intended to be used for the burial of the dead and dedicated for CEMETERY purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of the CEMETERY.
CERTIFICATE OF OCCUPANCY. A certificate stating that the occupancy and use of a building or structure complies with the provisions of this chapter and the building regulations in Chapter 151.
CLINIC. An establishment in which patients are admitted for medical or dental study or treatment and in which the services of at least two physicians or dentists are provided.
COMMERCIAL LODGING. Places that offer overnight accommodations for short-term rental, including hotels and motels. COMMERCIAL LODGING also includes hotels that offer convention facilities or meeting rooms.
COMMERCIAL RECREATION.
(1) Race tracks for stock cars, race cars, motorcyles, or any other vehicles.
(2) Race tracks for dogs and horses or any other animals.
(3) Sports field or complex, batting cages, water parks, go-cart tracks, miniature golf and driving ranges, etc.
COMMERCIAL STORAGE FACILITY.
A storage building or lot that is for self-lock, temporary, boat, auto, RV, or any other type of storage that is rented or leased for use other than by the proprietor.
COMMISSION. The Advisory Plan Commission of the town.
COMPREHENSIVE PLAN. Inclusive physical, social, and economic plans and policies in graphic statement forms for the development of the town and adopted by the Commission pursuant to the I.C. 36-7-4-500 series and including any part and/or policies separately adopted and any amendment to the plan and/or policies, or parts thereof. It does not include the implementing ordinances such as this chapter and Chapter 155 of this code.
CONDITIONAL USE. Special provisions or requirements applicable to specific uses in certain zoning districts. If specified conditions are met as determined in this chapter by the Building Administrator, no further approval is required.
CONDOMINIUM. Real estate lawfully subject to I.C. 32-25, by the recordation of a declaration under that chapter, in which undivided interests in the common areas and facilities are vested in the CONDOMINIUM unit owners.
CONVENIENCE STORE. Any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.
COUNTY. Lake County, Indiana.
DAY CARE CENTER. Any institution operated for the care of children, administered pursuant to I.C. 36-7-4-1108.
DETACHED BUILDING. A building that has no structural connection with another building.
DRIVE-IN. An establishment selling foods, desserts, or beverages to consumers, the establishment being designed, intended, or used for the consumption of these items on the premises outside of the building in which they are prepared.
DRIVE-THROUGH. Any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during the business transactions.
DUPLEX. See DWELLING, TWO-FAMILY.
DWELLING. A building or structure or portion thereof, conforming to all requirements applicable to the residential use districts and Chapter 151 of this code, used exclusively for residential occupancy, including single-family DWELLING units, two-family DWELLING units, three-family DWELLING units, and multiple-family DWELLING units, excluding hotels, boarding houses, and lodging houses.
DWELLING, MULTIPLE-FAMILY. A residential building designed for or occupied by four or more families, with the number of families in residence not exceeding the number of dwelling units provided, including what is commonly known as an apartment building, but not including group, row, or townhouses.
DWELLING, SINGLE-FAMILY. A detached residential dwelling unit designed for and occupied by one family.
DWELLING, THREE-FAMILY. A detached residential dwelling unit containing three dwelling units, designed for occupancy by not more than three families.
DWELLING, TWO-FAMILY. A detached residential dwelling unit containing two dwelling units, designed for occupancy by not more than two families.
DWELLING UNIT. One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family, with permanently installed cooking and sanitary facilities.
EARTH REMOVAL/EXCAVATION.
Equipment storage area for non-agricultural earth removal/ excavating and other heavy equipment such as cranes, hi-lifts, backhoes, graders, etc.
FAMILY. An individual, or two or more persons related by blood or marriage, and/or a group of not more than ten persons (excluding servants) who need not be related by blood or marriage, living together in a dwelling unit.
FARM. An area of land at least five acres in size used for agricultural operations, forestry, the operation of a tree or plant nursery, or the production of livestock and poultry.
FINAL DISPOSAL FACILITY. A landfill, an incinerator, or a waste-to-energy facility.
FLEA MARKET.
The rental or lease of space for retail, wholesale and resale activities undertaken by itinerant merchants.
FOUNDATION. The supporting member of a wall or structure.
FRONT LINE. With respect to a building, the foundation line that is nearest the front lot line. The FRONT LINE of the building shall be the line of the furthest projection of the main wall facing the street right-of-way, including chimneys, sun parlors, and enclosed or screened porches, and excluding only open steps and entrance ways, open porches and open terraces extending five feet or less from the main wall of the building, and fences or walls not more than three and one-half feet in height.
FRONT LOT LINE:
(1) For an interior or through lot, the line marking the boundary between the lot and the abutting street right-of-way or a lake or watercourse; and
(2) For a corner lot, the line marking the boundary between the lot and the shorter of the two abutting street right-of-way segments.
FRONT YARD. The unoccupied open space required by this chapter between the front line of a building and the street right-of-way line.
FRONTAGE. All property of a lot fronting on a street right-of-way, as measured between side lot lines.
GARAGE. An attached or detached structure whose principal use is to house motor vehicles or personal property for the accommodation of related dwelling units or related business establishments.
GROUP HOME.
(1) GROUP HOME FOR THE DEVELOPMENTALLY DISABLED. A residential facility for the developmentally disabled, as defined and regulated under I.C. 12-28-4-1 et seq.
(2) GROUP HOME FOR THE MENTALLY DISABLED. A residential facility for the mentally disabled, as defined and regulated under I.C. 12-28-4-1 et seq.
(3) All
GROUP HOMES shall be operated in compliance with I.C. 12-28-4-1 et seq.
(4) No
GROUP HOME for the mentally disabled may be located within 3,000 feet of another residential facility for the mentally disabled.
(5) All
GROUP HOMES shall be required to meet the zoning requirements, development standards, and building codes as applicable.
HARDSHIP. The inability to improve or modify land or improvements located thereon stemming from the strict application of this chapter.
HEIGHT OF BUILDING. The vertical height measured from the lot ground level to the highest point of the roof.
HOBBY FARM. A parcel of land at least five acres used primarily as a residential lot, whereon some crops may be raised and whereon some animals may be kept for pleasure.
HOME OCCUPATION. An occupation, profession, activity, or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit, which conforms to the provisions of this chapter, and which does not alter the exterior of the property or affect the residential character of the neighborhood.
HOOKAH. A single or multi-stemmed instrument with long flexible tubes for smoking tobacco in which the smoke is cooled and filtered by passing through water.
HOOKAH LOUNGE. An establishment where patrons share flavored tobacco from a hookah.
HOTEL. A building in which lodging or board and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public. Compensation is usually assessed on a day to day basis.
JUNK. Old, dilapidated, scrap, or abandoned metal, paper, building material and equipment, bottles, glass, appliances, furniture, beds and bedding, rags, rubber, motor vehicles (as applicable under state law), and parts thereof.
JUNK YARD. A place, usually outdoors, where waste or discarded used property other than organic matter, including but not limited to automobiles, farm implements, and trucks, is accumulated and is or may be salvaged for reuse or resale; this shall not include any industrial scrap metal yard.
KENNEL, COMMERCIAL. Any premises where four or more animals over four months of age are maintained, boarded, bred in return for compensation or offered for sale.
LODGING HOUSE. A building, not available to transients, in which lodgings are regularly provided for compensation for at least four but less than 20 persons.
LOT. Any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record, that is recognized and intended as a unit for the purpose of transfer of ownership. LOT includes the words PLOT, PIECE, and PARCEL.
(1) LOT, CORNER. A lot abutting on and at the intersection of two or more streets.
(2) LOT, FLAG. A lot with access provided to the bulk of the lot by means of a narrow corridor.
(3) LOT, INTERIOR. A lot other than a corner or through lot.
(4) LOT, THROUGH. A lot fronting on two parallel or approximately parallel streets; also a lot fronting on both a street and a watercourse or lake.
LOT COVERAGE. Determined by dividing that area of a lot which is occupied or covered by the total horizontal projected surface of all buildings, including covered porches and accessory structures, by the gross area of the lot.
LOT DEPTH. The horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line.
LOT WIDTH. The horizontal distance between side lot lines, measured at the required building line.
MANUFACTURED HOME. A single-family dwelling unit designed and built in a factory, installed as a permanent residence, which bears a seal certifying that it was built in compliance with the federal Manufactured Housing Construction and Safety Standards Law (42 USC 5401 et seq.), and which also complies with the following specifications:
(1) It shall have been constructed after January 1, 1981, and must exceed 950 square feet of occupied space per I.C. 36-7-4-1106(d);
(2) It is attached to a permanent foundation of masonry construction and has a permanent perimeter enclosure constructed in accordance with the One- and Two-Family Dwelling Code;
(3) It has wheels, axles, and towing chassis removed;
(4) It has a pitch roof with a minimum rise of two-twelfths; and
(5) It consists of two or more sections which, when joined, have a minimum dimension of 20 feet in both length and width.
MANUFACTURING DISTRICT. An M-1 light manufacturing district.
MARKER. A stake, pipe, rod, nail, or any other object which is not intended to be a permanent point for record purposes.
MAY. The act referred to is permissive.
MOBILE HOME. A transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to the enactment of the federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.
MOBILE HOME PARK. Any site, lot, field, or tract of land upon which two or more mobile homes to be used for human habitation are parked, either free of charge or for revenue purposes, and shall include any street used or intended for use as part of the facilities of the MOBILE HOME PARK. A MOBILE HOME PARK does not include a mobile home sales area on which unoccupied mobile homes are parked for inspection or sale.
MOBILE HOME SUBDIVISION. Any site, lot, field, or tract which is to be divided into smaller sites, lots, fields, or tracts of land, which smaller sites, lots, fields, or tracts of land are to be sold for use by the purchaser to park the purchaser’s mobile home.
MONUMENT, SURVEY. A permanent physical structure which marks the location of a corner or other survey point.
MOTEL. An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot, and designed for use by transient automobile travelers. A MOTEL furnishes customary hotel services such as maid service and laundering of linen, telephone, secretarial, and desk service, and the use and upkeep of furniture.
NONCONFORMING BUILDING. A building existing at the effective date of this chapter, or amendments thereto, and that does not conform to the provisions of this chapter relative to height, bulk, area, or setbacks for the district in which it is located.
NONCONFORMING USE. A use which lawfully occupied a building, or land, at the effective date of this chapter or amendments thereto, and that does not conform to the use regulations of the district in which it is located.
NURSING HOME. A home for the aged or infirm in which three or more persons not of the same immediate family are housed and provided with food, and/or care for compensation in one or more congregate buildings; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. A NURSING HOME includes, but is not limited to, independent living, assisted living and memory care facilities.
OFFICE BUILDING. A building or a portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations not involving any equipment other than furniture and document processing and storage facilities.
PARCEL. A continuous quantity of land in the possession of or owned by, or recorded as the property of, the same person, persons, or entity.
PARKING SPACE, AUTOMOBILE. Space within a public or private parking area for the storage of one passenger automobile or commercial vehicle under a 1½-ton capacity.
PERMANENT FOUNDATION. A structural system for transposing loads from a structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of the supporting soil.
PERMANENT PERIMETER ENCLOSURE. A permanent perimeter structural system completely enclosing the space between the floor joists of the home and the ground except for the necessary openings, constructed in accordance with the One- and Two-Family Dwelling Code.
PERSON. Includes an individual, a corporation, a partnership, and an unincorporated association or their agents.
PET STORE/GROOMING. Retail sales of domestic and/or exotic animals and accessory products, or bathing and trimming services conducted entirely within an enclosed building with no outdoor use.
PLAN COMMISSION. The Advisory Plan Commission of the town.
PRINCIPAL BUILDING OR STRUCTURE. The building or structure in which the principal use of the lot or premises is located or conducted; with respect to residential uses, the PRINCIPAL BUILDING OR STRUCTURE shall be the main dwelling.
PRINCIPAL USE. The primary use and chief purpose of a lot or structure, as distinguished from an accessory use.
PROFESSIONAL OFFICE. This use includes business uses with little direct contact with customers present at the premises, which engage in the processing, manipulation, or application of business information or professional expertise. This includes, but is not limited to, accounting, insurance, investment and financial services, interior design, architecture, engineering, legal services, real estate services, land surveyors, doctors or dentists offices, data processing and analysis facilities, computer software and Internet-based businesses, utility company business offices, license bureaus, and not-for-profit agencies, but not medical clinics.
REAR LOT LINE. The lot line that is opposite the front lot line and farthest from it; except, for a triangular or irregularly shaped lot, it is the line a minimum of ten feet long, parallel to the front lot line, and wholly within the lot, that is farthest from the lot line.
REAR YARD. A yard extending across the rear of the lot at the opposite end from the front yard, measuring the full width between the side lot lines and being the minimum distance between the rear lot line and the rear of the principal building or any projection thereof, other than unenclosed steps or entrance way.
RECREATIONAL VEHICLE. A portable vehicular structure designed as a temporary dwelling for travel and vacation uses, and which:
(1) Is identified on the unit by the manufacturer as a travel trailer;
(2) Is not more than eight feet in body width;
(3) Is of any weight provided its body length does not exceed 29 feet;
(4) Is a structure mounted on or towed by an automobile or truck; and
(5) Is designed to be used for sleeping and human habitation.
RECREATIONAL VEHICLE PARK. Any lot of land upon which one or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles as temporary living quarters.
REGULATORY FLOOD. A flood having a peak discharge which can be equaled or exceeded on the average of once in a 100-year period, as calculated by a method and procedure which is acceptable to and approved by the state Department of Natural Resources Commission; this flood is equivalent to a flood having a probability of occurrence of 1% in any given year.
REGULATORY 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 peak flow of the regulatory flood of any river or stream, and which is that area covered by flood waters in significant downstream motion or covered by significant volumes of stored water during the occurrence of the regulatory flood.
RESEARCH AND DEVELOPMENT. Research, development, and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation and engineering. All research, testing, and development shall be carried on within entirely enclosed buildings, and no noise, smoke, glare, vibration or odor shall be detected outside of said building.
RESIDENTIAL DISTRICT. Includes R-1, R-2, R-3, MF, or PD district.
REST HOME or NURSING HOME. A private home for the care of the aged or infirm, or any other person in need of nursing care, and which does not contain equipment for surgical care or for treatment of disease or injury, and is not primarily designed for mental patients, substance abuse patients, or alcoholics.
RESTAURANT. A lot upon which food or beverages are cooked or prepared and offered for sale and where consumption is permitted on the premises. This does not include restaurants that serve alcoholic beverages or use drive-thru windows.
RESTAURANT (BAR). A restaurant which serves alcoholic beverages.
RESTAURANT, FAST FOOD/ DRIVE-THRU. A lot upon which food or beverages are cooked or prepared and offered for sale and where consumption is permitted on the premises, as well as for pick- up through the use of a drive-thru.
RETAIL ESTABLISHMENT. An establishment, the primary purpose of which is the sale of goods, products or materials directly to the consumer. This includes, but is not limited to, establishments that sell clothing, electronics, furniture, groceries, hardware, pets, toys, appliances, books, jewelry, office supplies and computers. It does not include restaurants, tobacco sales, and professional office uses.
RETAIL ESTABLISHMENT, BIG BOX. A single retail establishment containing 50,000 square feet or more.
RETAIL GUN SALES. A business (or department within a store) which sells firearms, has firearms on display and is open to the public. This is not intended to regulate direct, occasional, private or personal sales of firearms. Firearms must have a trigger lock, be secured in a locked room or case and the premises must be alarmed when the business is not supervised.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or other special use.
SCHOOL. A public or private institution which offers instruction in any of the branches of learning and study comparable to that taught in the public SCHOOLS under the state school laws, including pre-kindergarten, kindergarten, elementary SCHOOL, and junior and senior high SCHOOLS, but excluding trade, business, or commercial schools.
SCREENING. The method by which a view of one site from another adjacent site is shielded, concealed, or hidden. SCREENING techniques include fences, walls, hedges, berms, or other features.
SETBACK. The required minimum horizontal distance between the building line and the related front, side, or rear property line.
SHALL. The act referred to is always mandatory and never discretionary.
SHOULD. The act referred to is advisory.
SIDE LOT LINE. A lot boundary line other than a front or rear lot line.
SIDE YARD. The yard between the main building and the side lot line, extending from the front yard, or front lot line where no front yard is required, to the rear yard. The width of the required SIDE YARD shall be measured horizontally from the nearest point of the side lot line toward the nearest point of the main building.
SIGN. As defined in § 156.078 of this code.
SOCIAL CLUB
. Halls, buildings, lodges or areas, which are intended for use by organizations or clubs (such as but not limited to moose lodge, elk clubs, religious organizations, Boy Scouts, VFW's, etc.) and not generally open to the public.
SOLAR ENERGY GENERATING SYSTEM. A system that generates electrical energy from sunlight.
SOLAR PANEL. A module or panel capable of converting sunlight into electrical current.
SPA—FULL SERVICE. A commercial establishment providing facilities devoted to health, fitness, weight loss, beauty, and relaxation. Activities include manicures, pedicures, facials, massage, microdermabrasion, body treatments, slimming wraps, sauna, and similar activities. Employees performing massages must be licensed by the Indiana State Board of Massage Therapy pursuant to I.C. 25-21.8-4-2, as amended from time to time. Establishments which only provide massages are not included in this definition, and are not a permitted use.
SPECIAL EXCEPTION. The authorization of a use that is designated thus by this chapter as being permitted in the district concerned if it meets special conditions, and upon application, is specifically authorized by law.
STABLE, COMMERCIAL. A building, structure, or portion thereof, in which horses, ponies, or like animals are boarded, trained, or kept for others, or are available to the public for riding, with or without remuneration.
STABLE, PRIVATE. A building, structure, or portion thereof, in which horses, ponies, or like animals are kept for the private use of the property owner or tenant, but not for hire, remuneration, or sale.
STORY. The space between the upper surface of any floor and the next upper surface of any floor or roof above, except that the topmost STORY shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. A cellar or basement with more than one-half its height below the average surrounding grade shall not be considered a STORY. A HALF-STORY is a portion of a building between the eaves and ridge line of a sloping roof.
STREET. A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building or structure, such as bearing walls, partitions, columns, beams, or girders, or any substantial change in the footprint or size of living space.
SWIMMING POOL. As defined in § 156.039 of this code.
TAVERN. A business establishment where alcoholic beverages are sold to be consumed on the premises, but where a minor cannot be within the use and where food or packaged liquors may be served or sold only as accessory to the primary use.
TESTING LABORATORIES. A building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products.
THEATRES
. Indoor movie houses or stages. Adult entertainment is excluded and is covered under the adult entertainment definition.
TOBACCO SALES. A business establishment where the primary retail offering is tobacco and tobacco-related products. This includes, but is not limited to, the sale of traditional tobacco products like cigarettes, cigars, and loose tobacco, as well as e-liquids, e-cigarettes, and vape-style products. Related paraphernalia is also included with this classification. Those items include, but are not limited to, water pipes, related glassware, vape device components, and the like.
TRANSFER STATION. A facility to which solid waste is transferred from a vehicle or a container to another vehicle or container for transportation. The term does not include the following:
(1) A facility where the solid waste has been generated by the facility; or
(2) A recycling facility.
TRIPLEX. See DWELLING, THREE-FAMILY.
USE. The purposes for which land, or building or structure thereon is designed, arranged, or intended, or for which it is occupied, maintained, let, or leased.
USED FOR. Includes the words DESIGNED FOR and OCCUPIED FOR.
VARIANCE, DEVELOPMENT STANDARDS. A specific approval granted by the Board of Zoning Appeals in the manner prescribed by this chapter, to deviate from the development standards (such as height or bulk) that the chapter otherwise prescribes.
VARIANCE, USE. The approval of a use other than that prescribed by this chapter, an act granted by I.C. 36-7-4-918.4.
VEHICLE REPAIR.
Repairs made to any motorized vehicle including but not limited to boats, cars, RV's, vans, motorcycles, ATV's, snowmobiles or any other mode of motorized transportation or vehicle.
WAREHOUSE.
A building or lot used for storage that is rented or leased for use by the proprietor.
WHOLESALE GUN SALES.
A business, which sells firearms to other businesses on a regular basis, either in person or by mail order. Firearms must have a trigger lock, be secured in a locked room or case and the premises must be alarmed when the business is not supervised.
WIND ENERGY CONVERSION SYSTEM (WECS), COMMERCIAL. Any system, with a capacity of greater than ten kilowatts (10 KW), 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, tower, transformer, turbine, vane, wind farm collection system, or other component used in the system.
WIND ENERGY CONVERSION SYSTEM (WECS), HORIZONTAL. A wind energy conversion system where the rotor blades turn on a horizontal axis, or parallel to the ground. May also be referred to as HORIZONTAL AXIS WIND TURBINE.
WIND ENERGY CONVERSION SYSTEM (WECS), NON-COMMERCIAL. Any system, with a capacity not exceeding ten kilowatts (10 KW), 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.
WIND ENERGY CONVERSION SYSTEM (WECS), VERTICAL. A wind energy conversion system where the rotor blades turn on a vertical axis, or perpendicular to the ground. May also be referred to as VERTICAL AXIS WIND TURBINE.
YARD. Any open space located on the same lot with a building, unoccupied and unobstructed from the ground up, except for accessory buildings or those projections as are expressly permitted by this chapter.
ZONING MAP. The Official Zoning Map of the town.
(Ord. 23, § 1.20.20, passed 3-19-1997; Am. Ord. 45, passed 4-15-1998; Am. Ord. 111, passed 7-15-2004; Am. Ord. 210, passed 9-11-2012; Am. Ord. 234, passed 5-13-2014; Am. Ord. 299, passed 8-27-2019; Am. Ord. 27-C, passed 12-8-2020)