§ 194.024  INTERPRETATION; DEFINITIONS.
   (A)   The language of this chapter shall be interpreted in accordance with the following regulations.
      (1)   The word “person” includes a firm, association, organization, partnership, trust, limited liability company, corporation or other legal entity, as well as an individual.
      (2)   The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular, in each case, if the context so requires.
      (3)   The word “shall” is mandatory, the word “may” is permissive.
      (4)   The words “used” or “occupied” include the words “intended”, “designed”, “constructed”, “altered” or “arranged” to be used or occupied.
      (5)   The word “lot” includes the words “plot”, “tract” or “parcel”.
      (6)   Where a regulation involves two or more items, conditions, provisions or events connected by the conjunction “and”, “or” or “either ... or”, the conjunction shall be interpreted as follows.
         (a)   “And” indicates that all the connected items, conditions, provisions or events shall apply.
         (b)   “Or” indicates that the connected items, conditions, provisions or events may apply singly or in any combination.
         (c)   “Either ... or” indicates that all the connected items, conditions, provisions or events shall apply singly, but not in combination.
      (7)   The terms “more intense” and “less intense” are terms used herein to describe relationships between particular zoning districts. This relationship is based upon the uses permitted within each district. A “more intense” district permits its more uses or a greater density of uses than a “less intense” district. District intensity groupings progress from agricultural, to residential, to commercial, to industrial districts, in the sequence listed within each group of districts from least intense to the most intense.
(Ord. 2000-16, passed 8-28-2000, § 11.1)
   (B)   The following terms or words used in the text of this chapter shall have the following meanings, unless a contrary meaning is required by the context of a particular sentence or phrase or specifically prescribed in a particular sentence or phrase.
      ABANDONED SIGN. Any lawful non-conforming sign or its supporting sign structure which remains without a message or whose display surface remain blank for a period of:
         (a)   One year or more (for a sign or its supporting sign structure which conforms to this chapter at the time of adoption);
         (b)   Sixty days (for a sign or its supporting sign structure which does not conform to the provisions of this chapter at the time of adoption); or
         (c)   Any sign which pertains to a time, event or purpose which no longer applies shall be deemed to have been abandoned.
      ACCESS. The way in which vehicles ingress and egress a lot from a street fronting along said lot.
      ACCESS DRIVE. The area within the right-of-way between the pavement edge or curb and the right-of-way line to provide ingress and egress to and from a lot.
      ACCESSORY (STRUCTURE, BUILDING OR USE). A subordinate structure, building or use that is customarily associated with, and is appropriately and clearly incidental and subordinate in use, size, bulk, area and height to the primary structure, building or use, and is located on the same lot as the primary building, structure or use.
      ACT. The Area Planning Law of the state, as defined by I.C. 36-7-4-102.
      ADULT BOOKSTORE. An establishment having as a preponderance of its stock in trade or its dollar volume in trade, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
      ADULT CABARET. A nightclub, bar, theater, restaurant or similar establishment which features live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by their emphasis on specified sexual activities or by exposure of specified anatomical areas and/or which regularly feature films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.
      ADULT DRIVE-IN THEATER. An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats in which a preponderance of the total presentation time is devoted to the showing of materials distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.
      ADULT LIVE ENTERTAINMENT ARCADE. Any building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee to view from an enclosed or screened area or booth a series of live dance routines, strip performances or other gyrational choreography which performances are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas.
      ADULT ENTERTAINMENT BUSINESS.
         (a)   ADULT BOOKSTORE. An establishment having as a preponderance of its stock in trade or its dollar volume in trade any merchandise for sale, trade or lease which are distinguished or characterized by their emphasis on adult matter.
         (b)   ADULT MOTION PICTURE THEATER. Any establishment, to which the public is permitted or invited, used for presenting films, motion pictures, video cassettes, slide or similar photographic reproductions in which a preponderance of the total presentation time is devoted to showing of materials which are distinguished or characterized by an emphasis on adult matter.
         (c)   ADULT CABARET. A nightclub, bar, theater, restaurant or similar establishment which frequently features live performances by topless or bottomless dancers, strippers or similar entertainers, whether professional or amateur, where such performance are distinguished or characterized by an emphasis on, or by exposure of, adult matter.
         (d)   ADULT LIVE ENTERTAINMENT ARCADE. Any building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee to view from an enclosed or screened area or booth a series of live dance routines, strip performance or other gyrational choreography which performance are distinguished or characterized by an emphasis on, or by exposure of, adult matter.
         (e)   ADULT MOTEL. A hotel, motel or similar establishment offering public accommodations for any form of consideration which provides patrons, upon request, with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproduction which are distinguished or characterized by an emphasis upon the depiction or description of adult matter.
         (f)   ADULT SERVICE ESTABLISHMENT. Any building, structure, premises or other facility, or any part thereof, under common ownership or control which provides a preponderance of services involving adult matter.
      ADULT MATTER. Any of the following:
         (a)   Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola;
         (b)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered;
         (c)   Human genitals in a state of sexual stimulation or arousal;
         (d)   Acts of human masturbation, sexual intercourse or sodomy;
         (e)   Fondling or other erotic touchings of human genitals, pubic regions, buttocks or female breasts;
         (f)   Flagellation or torture in the context of a sexual relationship;
         (g)   Masochism, erotic or sexually oriented torture, beating or the infliction of pain;
         (h)   Erotic touching, fondling or other such contact with an animal by a human being; or
         (i)   Human excretion, urination, menstruation, vaginal or anal irrigation as part of or in connection with any of the activities set forth in divisions (e) through (h) above.
      ADULT MINI MOTION PICTURE THEATER. Any building or structure which contains or
is used for commercial entertainment where the patron directly or indirectly is charged a fee, with a capacity of more than five, but less than 50, persons, used for presenting films, motion pictures, video cassettes, slides or similar photographic reproductions in which a preponderance of the total presentation time is devoted to the showing of materials which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or by exposure of specified anatomical areas for observation by patrons therein.
      ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited where coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
      ADULT MOTION PICTURE THEATER. Any building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee, with a capacity of 50 or more persons used for presenting films, motion pictures, video cassettes, slides or similar photographic reproductions in which a preponderance of the total presentation time is devoted to the showing of materials which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
      ADULT SERVICE ESTABLISHMENT. Any building, premises, structure or other facility, or any part thereof, under common ownership or control which provides a preponderance of services involving specified sexual activities or display of specified anatomical areas.
      ADVERTISING SIGN. See SIGN, ADVERTISING.
      AGRICULTURE. Areas in which the general use of land is devoted to one or more of the following:
         (a)   Tillage of soil in the production of crops;
         (b)   Production or maintenance of hay and pasture crops;
         (c)   Husbandry or production of livestock or poultry, and horses, and their products, excluding dogs and other small animals commonly kept as household pets;
         (d)   Growing of trees for the production of timber or timber products, erosion control and other purposes commonly found in agricultural areas; and
         (e)   The science or art of horticultural processes, by which land is used for cultivating fruits, vegetables, ornamental plants and other activities.
      AGRICULTURAL BUILDING. A structure utilized for the conduct of farming operations, but not including dwellings used for human occupancy.
      AGRICULTURAL USE. An operation which consists of the following uses, individually or in combination: the production of grain or livestock; stables; forest or tree production; pasture; setting aside land in a government set-aside reserve program; a farmstead; uses accessory to agricultural operations on the site; or uses accessory to agricultural operations in the area.
      AIRCRAFT. Any contrivance used or designed for transporting a cargo and/or passengers more than five feet above the ground.
      AIRPORT/HELIPORT. Any area which is used or intended to be used for the taking off and landing of aircraft and any appurtenance areas which are used or intended to be used for airport buildings or facilities, including open spaces, taxiways and tie-down areas.
      ALLEY, PRIVATE. A privately held right-of-way for public use as a secondary means of public access to a lot otherwise abutting upon a public or private street and not intended for traffic other than public services and circulation to and from said lot.
      ALLEY, PUBLIC. Any public right-of-way which has been dedicated or deeded to and accepted by the public for public use as a secondary means of public access to a lot otherwise abutting upon a public street and not intended for traffic other than public services and circulation to and from said lot.
      AMUSEMENT ARCADE. A type of indoor commercial amusement/recreation establishment where more than four amusement machines are available to the public.
      AMUSEMENT MACHINE. An amusement device operated by means of the insertion of a coin, token or similar object for the purpose of entertainment, amusement or skill; or for the playing of which a fee is charged. AMUSEMENT MACHINE does not include vending machines which do not incorporate gaming amusement or skill feature, nor does the term include a coin-operated mechanical musical device.
      ANIMAL DAY CARE FACILITY. Any facility in which four or more dogs or other small animals that are commonly kept as household pets, which are at least three months old, and where the primary use of the facility is to care for those animals during the day-time hours. Overnight boarding of the animals at the facility is prohibited.
      ANTENNA.
         (a)   Any structure or device used to collect or radiate electromagnetic waves, including both directional antennas, such as panels, and dishes, and omni-directional antennas, such as whip antennas, but not including satellite earth stations; and
         (b)   A device that is designed to receive:
            1.   Direct broadcast satellite service, including direct-to-home satellite services;
            2.   Video programming services via multi-point distribution services, including multi- channel multi-point distribution services, instructional television fixed services and local multi-point distribution services; or
            3.   Television broadcast signals.
      ANTENNA ARRAY. A structure attached to a telecommunications tower that supports a telecommunications antenna.
      ANTENNA, RADIO/TELEVISION. A wire or combination of wires and support structures designed for directly transmitting electric waves (broadcast radio or television) into space, or receiving them therefrom.
      ANTENNA, SATELLITE DISH. A dish-shaped device which may be free standing or mounted on a building or structure and is designed to receive direct broadcast satellite service.
      ARTIFICIAL LAKE. Either:
         (a)   An artificially created body of water which is not required in connection with a storm water management system; or
         (b)   The portion of an artificially created body of water developed in connection with a storm water management system which exceeds the capacity required to manage the 100-year storm event.
      AUTHORIZED AGENT. Any party duly authorized in writing by the owner of a subject parcel to act on the owner’s behalf with respect to a petition for zone map change, subdivision plat, development plan approval or vacation of land.
      AUTOMATIC CAR WASH. A building, or portion thereof, where automobiles, trucks or other self-powered vehicles are washed by mechanical devices of any type.
      AUTOMOTIVE, MOBILE HOME, TRAVEL TRAILER, FARM IMPLEMENT AND CONSTRUCTION MACHINERY SALES AREA. An open area other than a street or public right-of-way, used for the display, sale or rental of new or used motor vehicles, mobile homes, travel trailers, farm implements and construction machinery.
      AUTOMOBILE REPAIR, MAJOR. Servicing and repairs which include muffler repair or installation, brake repair or installation, shock replacement, transmission repair, tire recapping, motor overhaul or body or fender repair work (not including the dismantling or wrecking of motor vehicles, or the storage of inoperable, damaged or wrecked vehicles, other than those awaiting immediate repair).
      AUTOMOBILE REPAIR, MINOR. Servicing and repairs limited to tune-ups, oil changes, sale and installation of lubricants, tires, batteries and other minor maintenance operations.
      AUTOMOBILE SALES, MAJOR. The sale of motor vehicles including the repair and servicing of vehicles as set out in the definition of “auto repair, major”. This use includes the outdoor display and/or storage offer sale vehicles.
      AUTOMOBILE SALES, MINOR. The sale of new or used motor vehicles including the repair and servicing of vehicles as set out in the definition of “automobile repair, major”. This use limits the available show room space to a maximum of 2,500 square feet and 110 more than six showroom vehicles on display. This use further limits service bays for not more than six vehicles. Outdoor display or storage offer sale motor vehicles is prohibited.
      AUTOMOBILE SERVICE STATION. Any building, structure or land used primarily for the dispensing or sale of any automobile fuels, oils or accessories. This includes lubrication and replacement or installation of minor parts or accessories, but does not include major repair work such as motor replacement, transmission replacement, body and fender repair or spray-painting.
      AWNING. A roof-like cover, often of fabric, metal, plastic, fiberglass or glass designed and intended for protection from the weather or as a decorative embellishment, and which is supported by and projects from a wall or roof of a structure over a window, door, walk or the like.
      BANNER. A temporary sign of lightweight fabric or similar material mounted to a pole or building at one or more edges. Flags of any governmental or political unit shall not be considered BANNERS.
      BASEMENT. The portion of a building with an interior vertical height clearance of not less than 78 inches and having one-half or more of its interior vertical height clearance below grade level.
      BED AND BREAKFAST. The commercial leasing of bedroom(s) for guest(s) within a private, owner-occupied, one- or two-family dwelling unit. Such leasing provides temporary accommodations, typically including a morning meal, to overnight guests for a fee. Such leasing may also provide for the temporary accommodation of daytime meetings or receptions for guests for a fee. Such leasing caters largely to tourists and the traveling public.
      BILLBOARD. See SIGN, ADVERTISING.
      BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines, municipal boundary lines.
      BLOCK FACE. The frontage of a block, which may contain one or more lots, along one side of a public or private street between intersections.
      BOARD (OF ZONING APPEALS). The Town of Zionsville Advisory Board of Zoning Appeals.
      BOARDING HOUSE. A building or part of a building, other than hotels, motels, restaurants, bed and breakfast, or multi-family dwellings, containing accommodation facilities in common where lodging, typically with meals reserved solely for the occupants thereof, is provided for a fee.
      BOND. See PERFORMANCE BOND or MAINTENANCE BOND.
      BOOK STORE. A business established for the retail trade of books, magazines or similar literature, excluding adult or sexually oriented materials.
      BUFFERYARD. A front, side or rear yard of a non-residential land use on a lot which faces or abuts a residential zoning district. A BUFFERYARD may include landscape plantings, fences, walls or berms to provide screening or buffering for adjacent residential properties.
      BUILDABLE AREA. The area of a lot remaining after the minimum yard and open space requirements of the applicable zoning ordinance(s) have been met.
      BUILDING.
         (a)   Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature; and
         (b)   Pertaining only to § 194.059 of this chapter, see STRUCTURE.
      BUILDING COMMISSIONER. The person, authorized and empowered to issue building permits, make inspections, order corrections of violations, issue certificates of occupancy and perform such other duties as commonly performed in the execution of this office, as appointed by the Town Council.
      BUILDING, DETACHED. A building having no structural connection with another building.
      BUILDING HEIGHT, MAXIMUM. See MAXIMUM BUILDING HEIGHT.
      BUILDING INSPECTOR. The employee or officer of the town who is empowered to inspect and approve ILPs, and to act as the agent of the Director in any other matter concerning the enforcement of the applicable Building Code ordinances.
      BUILDING LINE. A line parallel to any front, side or rear lot line which passes through the nearest point of any building or structure.
      BUILDING LINE, FRONT. A line parallel to any front lot line which passes through the nearest point of any building or structure and terminates at the point of contact with any side lot line.
      BUILDING LINE, SIDE. A line parallel to any side lot line which passes through the nearest point of any building or structure and terminates at the point of contact with any front or rear lot line.
      BUILDING LINE, REAR. A line parallel to any rear lot line which passes through the nearest point of any building or structure and terminates at the point of contact with any side lot line.
      BUILDING PERMIT. Permits issued by the town in compliance with the terms and provisions of the town’s Building Code.
      BUSINESS. The engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services, the maintenance or operation of offices or recreational and amusement enterprises for profit.
      BUSINESS DAY. A day when the offices of the Clerk-Treasurer of the town are open to the public for the transaction of business for the entire period of its normal operating hours.
      CANOPY. A roof-like cover, often of fabric, metal, plastic, fiberglass or glass on a support, which is supported in total or impart, from the ground and providing shelter over, for example, a doorway, outside walk, interior access drive or parking area.
      CAMPING GROUNDS. A parcel of land used or intended to be used for temporary occupancy by campers, recreational vehicles, travel trailers, mobile homes, tents and the like.
      CARPORT. A roofed structure designed and intended to shelter the automotive vehicle of occupant or owner of the premises, with at least one side open to the weather.
      CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes, including columbarium, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.
      CERTIFICATE OF OCCUPANCY. A certificate signed by the Building Commissioner, stating that the occupancy and use of land or building or structure referred to the certificate complies with the provisions of this chapter, Ch. 193 of this code of ordinances, variance, special exception or development plan approval.
      CHILD CARE. A service that provides for the care, health, safety and supervision of a child’s social, emotional and educational growth. (For reference, see I.C. 12-7-2.)
      CHILD CARE CENTER. A building where at least 17 children receive child care from a provider:
         (a)   While unattended by a parent, legal guardian or custodian;
         (b)   For regular compensation; and
         (c)   For more than four hours, but less than 24 hours, in each of ten consecutive days per year, excluding intervening Saturdays, Sundays and holidays. This term also applies to a building where child care is provided to less than 17 children if the provider has applied for a license under I.C. 12-17.2-4 and meets the requirements under I.C. 12-17.2-4. (For reference, see I.C. 12-7-2.)
      CHILD CARE HOME.
         (a)   A residential structure in which at least six children (not including the children for whom the provider is a parent, stepparent, guardian, custodian or other relative) at any time receive child care from a provider:
            1.   While unattended by a parent, legal guardian or custodian;
            2.   For regular compensation; and
            3.   For more than four hours, but less than 24, hours in each of ten consecutive days per year, excluding intervening Saturdays, Sundays and holidays.
         (b)   This term includes a Class I child care home, and a Class II child care home as such terms are defined by I.C. 12-7-2-33.7 and 33-8 respectively.
      CHILD CARE MINISTRY. A child care operated by a church or religious ministry that is a religious organization exempt from federal income taxation under I.R.C. § 501. (For reference, see I.C. 12-7-2.)
      CHILD CARING INSTITUTION.
         (a)   A residential facility:
            1.   That provides child care on a 24-hour basis for more than ten children; or
            2.   With a capacity of not more than ten children that does not meet the residential structure requirements of a group home.
         (b)   An institution that:
            1.   Operates under a license issued under I.C. 12-17.4;
            2.   Provides for delivery of mental health services that are appropriate to the needs of the individual; and
            3.   Complies with the rules adopted under I.C. 4-22-2 by the Division of Family and Children. (For reference, see I.C. 12-7-2.)
      CHURCH or TEMPLE. A building, together with its accessory buildings and uses, where persons regularly assemble for religious purposes and related social events and which buildings, together with accessory buildings and uses, is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes.
      CLEAN FILL SITE. A facility or site specifically designed and restricted to the disposal, processing and/or reclamation of off-site generated, uncontaminated and untreated stone, bricks, or concrete; road demolition waste materials; natural growth including tree limbs and grass clippings; sawdust from untreated natural wood; and other items not included in the above definition if subsequently approved by the county’s Solid Waste Management District and the state’s Department of Environmental Management. CLEAN FILL SITES shall be classified into one of the following types:
         (a)   Long-term permitted clean fill disposal site;
         (b)   Temporary permitted clean fill disposal site;
         (c)   Long-term permitted clean fill processing site;
         (d)   Temporary permitted clean fill processing site; or
         (e)   Temporary permitted clean fill land reclamation site.
      CLINIC. A building used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons, and those who are in need of medical and surgical attention, but which building does not provide board, room or regular hospital care and services.
      CLUB. A building or portion thereof or premises owned or operated by a person or group for a social, literary, political, educational or recreational purpose primarily for the exclusive use of members and their guests excluding adult or sexually oriented activities. This does not include any use or activity rendering a service usually and ordinarily carried out as a business including restaurants or food service.
      CLUSTER. A development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive features in perpetuity.
      CLUSTER SUBDIVISION or OPEN SPACE SUBDIVISION. A form of development that permits a reduction in the minimum lot: area, width, setback and open space requirements, and to concentrate development in specific areas of the subdivision while also maintaining the same overall density permitted under a conventional subdivision in a given zoning district, and, the remaining land area is devoted to open space, or recreational areas in perpetuity.
      COMMITMENT. An official agreement concerning and running with the land as recorded in the office of the county’s Recorder.
      COMPREHENSIVE PLAN. The town’s master development plan approved by the Plan Commission and the Town Council pursuant to I.C. 36-7-4-500 et seq., as amended from time to time.
      CONCEPTUAL PLAT REVIEW. A cursory review of a sketch plan for a proposed subdivision in which staff provides initial review comments to a prospective petitioner on the design and layout of a proposed subdivision.
      CONDITION. An official agreement between the municipality and the petitioner concerning the use of development of the land as imposed by the Board of Zoning Appeals or the Plan Commission.
      COMMERCIAL CLASSIFICATION. These shall be obtained from the latest edition of the Standard Industrial Classification Manual, Executive Officer of the President, Bureau of the Budget.
      COMMERCIAL MESSAGE. Any sign wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
      COMMON SPACE. An area that is held in common by a homeowners’ association, a recognized land trust or conservancy, or a public entity and is not located in rights-of-way.
      COMPOSTING. The biological treatment process by which microorganisms decompose the organic component of vegetative matter and other types of organic material; the COMPOST may be used as:
         (a)   A soil conditioner;
         (b)   A cover material for a solid waste landfill; and/or
         (c)   Another use approved by the county’s Solid Waste Management District and the state’s Department of Environmental Management.
      COMPOSTING FACILITY. A solid waste processing facility specifically designed and operated for the express purpose of composting.
      COMPOSTING/DIGESTER FACILITY. A specific type of composting facility.
      CONDOMINIUM. A building, group of buildings, or portion thereof, in which units are owned individually, and the structure, common areas or facilities are owned by all the owners on a proportional, undivided basis.
      CONFINED FEEDING OPERATION. As defined in I.C. 13-11-2-40.
         (a)   Any confined feeding of 300 or more cattle, 600 or more swine or sheep and 30,000 or more fowl;
         (b)   Any animal feeding operation where the operator elects to come under the Act;
         (c)   Any animal feeding operation that violates Ch. 214 of the Act of 1943, as determined by the Water Pollution Control Board of the state; or
         (d)   As defined by the state’s Department of Environmental Management latest revisions or amendments.
      CONSERVATION AREA. Designated open space further defined as primary and secondary conservation areas. PRIMARY CONSERVATION AREAS include wetlands, lands that are generally inundated, land within the 100-year floodplain and slopes exceeding 25%. SECONDARY CONSERVATION AREAS typically include parks and natural resources such as forests, meadows, farm fields, wildlife habitat and water quality protection or other reasons.
      CONSERVATION EASEMENT. An easement granting a right or interest in real property that is appropriate to retaining land or water areas predominately in their natural, scenic, open or wooded condition retaining such areas as suitable habitat for fish, plants or wildlife, or maintaining existing land uses.
      CONSTRUCTION/DEMOLITION SITE. A solid waste land disposal facility, or site, designed and operated to accommodate large volumes of solid waste, having minimal potential for ground water contamination. Further, in the county’s Solid Waste Management District, a CONSTRUCTION/ DEMOLITION SITE is to be specifically designed and restricted to the disposal, processing and/or reclamation of only construction or demolition waste to include bricks; concrete; stone; glass; wallboard; lumber; roofing materials; other items which are affixed to the structure being constructed or demolished including plumbing fixtures; wiring and non-asbestos insulation; and other items not included in the above definition if subsequently approved by the county’s Solid Waste Management District and the state’s Department of Environmental Management.
      COOPERATIVE. A building or land in which an individual owns stock in a corporation with the right through a proprietary lease to occupy a portion of the land or part of the building, which building shall be the same as “dwelling, multi-family”.
      COUNTY. The County of Boone, Indiana.
      CUT. An excavation. The difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the material removed in excavation.
      DAY CARE CENTER. A commercial facility or single-family home licensed and/or regulated by the state’s Department of Public Welfare for the care and/or education of human beings. A DAY CARE CENTER shall not be considered a home occupation.
      DECIBEL. A unit of measurement of the intensity of loudness of sound.
      DECK. A ground-supported, unenclosed, platform accessory structure, usually constructed of wood, of which any permanent horizontal area(s) of the platform is raised above grade level and is designed and intended for the recreational enjoyment of the occupant(s) and guest(s) of the primary use or structure.
      DENSITY, GROSS. A unit of measurement which represents the number of units per acre of land on the aggregate total land to be developed.
      DETENTION FACILITY. A facility constructed or modified to restrict the flow of storm water to a prescribed maximum rate, and to temporarily detain flow of storm water to a prescribed maximum rate, and to temporarily detain concurrent excess waters that accumulate behind the outlet. DETENTION FACILITIES may have either dry bottoms or wet bottoms in the form of a lake or pond.
      DEVELOPED RECREATIONAL OPEN SPACE. The total horizontal area of those portions of a lot which are located outside of any required yard and which are set aside and developed for the recreational use and enjoyment of all residents of a project.
      DEVELOPER. Any person engaged in developing a lot or group of lots or structures thereon for use or occupancy.
      DEVELOPMENT.
         (a)   Pertaining only to  Chapter 192: Flood Hazard Prevention, any human-made change to improved or unimproved real estate including, but not limited to:
            1.   Construction, reconstruction or placement of a building or any addition to a building;
            2.   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;
            3.   Installing utilities, erection or walls and fences, construction of roads or similar projects;
            4.   Construction of flood-control structures such a levees, dikes, channel improvements and the like;
            5.   Mining, dredging, filling, grading, excavation or drilling operations;
            6.   Construction or reconstruction of bridges or culverts;
            7.   Storage or materials; or
            8.   Any other activity that might change the direction, height or velocity of load or surface waters.
         (b)   DEVELOPMENT 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.
      DEVELOPMENT PLAN. A specific plan for multi-family residential, commercial, industrial or special use development of property that contains the plan documentation and supporting information required by this chapter and satisfies the development requirements specified in this chapter.
      DEVELOPMENT REQUIREMENTS. Development standards, plus any additional requirements specified in this chapter which must be satisfied in connection with the approval of a development plan.
      DEVELOPMENT STANDARDS. Area, bulk, height and other applicable regulations of a zoning district contained in this chapter which govern the physical development of real estate.
      DISTRICT. A section of the territory within the jurisdiction of Plan Commission for which uniform regulations governing the use, height, area, size and intensity of use of buildings and land, and open spaces about buildings, are established by this chapter.
      DRAINAGE POND. An artificially created body of water which is required in connection with a storm water management system.
      DRIVE, INTERIOR ACCESS. A way for internal vehicular movement in and around an individual lot or integrated center.
 
      DRIVE-IN RESTAURANT. An establishment selling, foods, frozen desserts or beverages to consumers, the establishment being designed, intended or used for the consumption of such items on the premises outside of the building in which they were prepared.
      DRUG STORE. A store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies and non-prescription medicines but where non-medical products may be sold as well.
      DRIVE-THROUGH FACILITIES. An establishment so developed and/or operated that a preponderance of its retail or service business and/or character is dependent on providing auto-oriented amenities (drive-through service unit, single-use bays, parking spaces, etc.) so as to serve patrons while in the motor vehicle rather than within a building or structure.
      DRIVE-THROUGH SERVICE UNIT. A feature of an establishment which encourages or permits customers to request and receive services or to order and obtain goods while remaining in or on a motor vehicle. Component parts of a DRIVE-THROUGH SERVICE UNIT may include menu boards, order stations, pay windows, food/service pickup windows or service bays.
      DRIVEWAY. Access for vehicular egress/ingress between the right-of-way of a public or private street and the minimum required setback line on a lot.
      DRIVEWAY, INTERIOR ACCESS. A minor, private street providing for vehicular egress/ingress between the minimum required setback lines of separate lots or between lots within the boundaries of an integrated center.
      DWELLING. Any building, or portion of a building, which is designed or used primarily for residential purposes, including a single-family, two-family and multi-family dwelling, but not including hotels, boarding houses, lodging houses and tourist dwellings.
      DWELLING, MANUFACTURED HOME. A dwelling unit which is designed and fabricated in one or more modules at a location other than the home site, by assembly-line type production techniques or by other construction methods unique to an off-site manufacturing process; provided that, each module must bear a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Law of 1974; and, provided further that, each unit must have been built after 1-1-1981, and must have at least 950 square feet of main floor area (exclusive of garages, carports and open porches).
      DWELLING, MOBILE. A movable or portable dwelling unit that:
         (a)   Is fabricated in one or more modules at a location other than the home site, by assembly-line type;
         (b)   Is production techniques or by other construction methods unique to an off-site manufacturing process;
         (c)   Is designed for occupancy by one family;
         (d)   Is erected or located as specified by the town’s Building Code; and
         (e)   Was either:
            1.   Constructed prior to 6-15-1976 and bears a seal attached under Indiana Public Law 135, 1971, certifying that it was built in compliance with the standards established by the state’s Administrative Building Council; or
            2.   Constructed subsequent to or on 6-15-1976 and bears a seal, certifying that it was built in compliance with the Federal Mobile Home Construction and Safety Standards law.
      DWELLING, MODULAR HOME. A dwelling unit which is fabricated in one or more modules at a location other than the home site, by assembly-line type production techniques or by other construction methods unique to an off-site manufacturing process, designed for residential occupancy; provided. that each module must bear the seal certified that it was built in compliance with Indiana Public Law 360; and, provided further that, the unit must have been built in compliance with the CABO One- and Two-Family Dwelling Code.
      DWELLING, MULTI-FAMILY. A building consisting of three or more dwelling units, including condominiums, with varying arrangements of entrances and party walls.
      DWELLING, SINGLE-FAMILY. An individual, detached building containing one dwelling unit which is either built in compliance with the CABO One- and Two-Family Code and the town’s Building Code:
         (a)   A modular dwelling; or
         (b)   A manufactured dwelling.
      DWELLING, TWO-FAMILY. A building consisting of two dwelling units which may be either attached side by side or one above the other, and each dwelling unit having a separate or combined entrance.
      DWELLING UNIT. A room or group of rooms designed and equipped exclusively for use as living quarters for only one family and its household employees, including eating, lawful cooking, sleeping space and sanitary facilities reserved solely for the occupants thereof. The term shall include mobile dwellings, modular dwellings and manufactured dwellings, but shall not include recreational vehicles.
      EASEMENT. A grant by a property owner to specific persons, the general public, corporations, utilities or others for the purposed of providing services or access to the property or through the property to adjacent property.
      EIA-222. Electronics Industries Association Standard 222, Structural Standards for Steel Antenna Towers and Antenna Support Structures.
      EROSION. The removal of surface materials by the action of natural elements.
      ESTABLISHMENT OF AN ADULT ENTERTAINMENT BUSINESS. Any of the following:
         (a)   The opening or commencement of any such business as a new business;
         (b)   The conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined herein;
         (c)   The addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or
         (d)   The relocation of any such business.
      EXCAVATION. Any act by which earth, sand, gravel, rock or other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.
      EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. Pertaining only to Chapter 192: Flood Hazard Prevention, 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 the community.
      EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. Pertaining only to Chapter 192: Flood Hazard Prevention, 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).
      FAMILY. One or more human beings related by blood, marriage, adoption, foster care or guardianship, together with incidental domestic servants and temporary, non-compensating guests; or, not more than four human beings not so related, occupying a dwelling unit and living as a single housekeeping unit.
      FARM. An area comprising 20 acres or more which is primarily adapted, by reason or nature, for the use for agricultural purposes.
      FARM BUILDINGS. A structure on a farm which hosts agricultural storage of livestock, poultry, grain, feed, hay, farm machinery or other similar non-residential uses.
      FBFM. Pertaining only to Chapter 192: Flood Hazard Prevention, Flood Boundary and Floodway Map.
      FEMA. Pertaining only to Chapter 192: Flood Hazard Prevention, Federal Emergency Management Agency.
      FENCE. A partition including entrance and exit gates, designed and constructed for enclosure or screening.
      FHBM. Pertaining only to Chapter 192: Flood Hazard Prevention, Flood Hazard Boundary Map.
      FILL. Any act by which earth, sand, gravel, rock or any other similar material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation of the final grade. The material used to make a FILL.
      FILLING OR SERVICE STATION. The same as AUTOMOBILE SERVICE STATION.
      FIRM. Pertaining only to Chapter 192: Flood Hazard Prevention, Flood Insurance Rate Map.
      FLEX-SPACE. A light industrial use which includes a combination of office space and either warehouse or light assembly operations; provided that, a minimum of 15% of the gross floor area of each tenant space shall be devoted to office use.
      FLOODWAY. Pertaining only to Chapter 192: Flood Hazard Prevention, 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 peak flood flow of the regulatory flood of a river or stream.
      FLOOD. Pertaining only to Chapter 192: Flood Hazard Prevention, 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 runoff of surface waters from any source.
      FLOODPLAIN. Pertaining only to Chapter 192: Flood Hazard Prevention, the channel proper and the areas adjoining any wetland, lake or watercourse which have been or hereafter may be covered by the regulatory flood. The FLOODPLAIN includes both the Floodway and the Floodway Fringe Districts.
      FLOOD PROTECTION GRADE or the FPG. Pertaining only to Chapter 192: Flood Hazard Prevention, the elevation of the regulatory flood, plus two feet at any given location in the SFHA.
      FLOODWAY. Pertaining only to Chapter 192: Flood Hazard Prevention, 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 peak flood flow of the regulatory flood of any river or stream.
      FLOODWAY FRINGE. Pertaining only to Chapter 192: Flood Hazard Prevention, those portions of the floodplain lying outside the floodway.
      FLOOR AREA.
         (a)   For single-family dwellings and two-family dwellings, the sum of all horizontal surface areas of all floors of all roofed portions of a building enclosed by and within the surrounding exterior walls or roofs, or the centerline(s) of party walls separating such buildings or portions thereof. The floor area of a building shall exclude all areas with a vertical height clearance less than 78 inches, exterior open balconies and open porches.
         (b)   For multi-family dwellings, the sum of all horizontal surface areas of all floors of all roofed portions of all buildings enclosed by and within the surrounding exterior walls or roofs, or the centerline(s) of party walls separating such buildings or portions thereof. However, this shall not include the following:
            1.   All areas with a vertical height clearance less than 78 inches;
            2.   All exterior open balconies and open porches;
            3.   Floor area or basement floor area devoted to off-street parking or off-street loading, including aisles, ramps and maneuvering space; floor area or basement floor area provided for recreational uses, available use, available to occupants of two or more dwelling units within a project; or
            4.   Basement floor area provided for storage facilities, allocated to serve individual dwelling units within a project.
      FLOOR AREA, FINISHED. The portion of floor area constructed, completed and usable for living purposes with normal living facilities which includes sleeping, dining, cooking, sanitary or combination thereof. A floor area or portion thereof used only for storage purposes and not equipped with the facilities mentioned above shall not be considered FINISHED FLOOR AREA.
      FLOOR AREA, GROSS.
         (a)   For dwelling units, the total area, computed on a horizontal plane inclusive of finished basements, attached garages, entrances, hallways, stairways and other enclosed areas, but exclusive of unfinished basements, cellars and attics.
         (b)   For commercial or industrial buildings or structures, the sum of all horizontal surface areas of all floors of a building or structure measured from the exterior faces of the exterior walls or from the centerline of walls separating abutting buildings or structures.
      FLOOR AREA, GROSS LEASABLE. The portion of the gross floor area which is designated for the exclusive use and occupancy of a tenant.
      FLOOR AREA, MAIN. The portion of the finished floor area located on the first floor of the dwelling unit.
      FOOD PROCESSING. The preparation, storage or processing of food products.
      FRONTAGE. The line of contact of an abutting property with the street right-of-way along a front lot line which allows unobstructed, direct access to the property.
      GAME COURT. In residential districts, a type of recreation facility which consists of an unpaved or paved, accessory, surface area of ground open and essentially unobstructed to the sky, on the same lot as the primary structure, designed and intended for the playing of a recognized sport as an accessory, recreational activity by the occupants and guests of the primary structure, which may include fencing, screening, nets, goals or other necessary appurtenances required for recreational use.
      GARAGE. An accessory building to a residential use, or an enclosed area attached to or integrated into a residential building, which is primarily designed and intended to be used for the storage of the private vehicle(s) for the occupant(s) of said residence and is not a separate commercial enterprise available to the general public.
      GARAGE, PARKING. Any building or structure designed and intended for the storage of motor vehicles for compensation.
      GARAGE SALE. A public or private sale conducted by the owner or occupier of a premises of six or more items of personal property owned by the owner or occupier of the premises, which personal property was not acquired by the owner or occupier for the purpose of resale.
      GARAGE, TRUCK REPAIR. A building, other than a parking garage or private residential garage, used for the care, repair or equipment of trucks, over one ton, or where such vehicles are parked or stored for remuneration, hire or sale.
      GASOLINE SERVICE STATION. Any building, land area or other premises or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels, which may include as an accessory use: minor automotive repairs; the sale and installation of lubricants, tires or batteries; car washes; and similar uses. Such establishments shall provide a facility where gasoline and other motor fuels are stored and subsequently dispensed by means of fixed, approved dispensing equipment by customers or employees.
      GEOMETRIC CENTER. The center point of the smallest rectangle that will encompass the entire site.
      GRADE. The average level of the finished surface of the ground five feet from the building, structure or proposed building pad; provided, however, for the purposes of Ch. 193 of this code of ordinances, the term GRADE, when referring to “street grade” shall mean the slope of a street specified in percentage terms.
      GROUND FLOOR AREA. Same as FLOOR AREA, NET, except computed for ground floor only.
      GROUP HOME. A residential facility licensed by the Community Residential Facilities Council, or its successor in authority, and authorized by I.C. 12-17.4-5 in which care is provided on a 24-hour basis for not more than ten children in need of services or who have committed a delinquent act.
      HARD-SURFACED AREA. Quality of an outer area being solidly constructed of pavement, brick, paving stone or a combination thereof.
      HAZARDOUS WASTE. A waste or combination of wastes that, because of its quantity; concentration; or physical, chemical and/or infectious characteristics; may:
         (a)   Cause or significantly contribute to an increase in mortality or increase in serious irreversible;
         (b)   Incapacitating reversible illness; or
         (c)   Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
      HAZARDOUS WASTE LANDFILL. A facility approved by the EPA and sited by the state for the disposal of hazardous wastes as defined elsewhere in this chapter.
      HELIPORT. See AIRPORT.
      HOME OCCUPATION. An occupation or business activity carried on within a legally established dwelling unit by a resident of said dwelling, where the occupation or business activity:
         (a)   Is clearly incidental and subordinate to the residential use;
         (b)   Does not alter the interior or exterior residential character of the dwelling unit;
         (c)   Is carried on within the principal building and only by members of the family occupying the premises; and
         (d)   Does not include any outdoor storage or activities other than receipt or delivery associated with the business activity.
      HOTEL. Any building or group of buildings containing five or more rooms without direct entrance to or from the outside, designed or intended to be occupied for sleeping purposes by guests for a fee, often with general kitchen and dining room facilities provided within the building or an accessory building, and which caters to the traveling public.
      IMPERVIOUS (SURFACE).  Area covered by a material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land.  Impervious area shall include but is not limited to decks.
      IMPROVEMENT. Any human-made, immovable item which becomes part of, placed upon or is affixed to real estate.
      IMPROVEMENT LOCATION PERMIT. A permit stating that the proposed erection, construction, enlargement or moving of a building or structure, and uses thereof, complies with the provisions of this chapter and Ch. 193 of this code of ordinances.
      INCIDENTAL. A minor occurrence or condition which is customarily associated with a permitted use and is likely to ensue from normal operations.
      INCINERATOR. An engineered apparatus or solid waste processing facility designed for the burning of solid waste under the effect of controls of temperature, retention time, air and other combustion factors.
      INDUSTRY, LIGHT (RURAL). Manufacturing, processing, extraction, heavy repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or wastes, in which all operations, other than transportation, are performed entirely within enclosed buildings and for which all loading and unloading facilities are enclosed.
      INDUSTRIAL, GENERAL (RURAL). Manufacturing, processing, extraction, heavy repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or wastes, in which operations, other than transportation, may be performed in either open or closed areas.
      INDUSTRIAL PARK (RURAL). A tract of land that is planned and developed as a distinctive unit featuring landscaped open spaces and well-designed structures to be used for research, offices, experimental and testing laboratories, light industrial, storage and distribution facilities, and for necessary uses to the convenience of employees, and is controlled by an organization guaranteeing the continued maintenance of all commonly used areas and installations.
      INDUSTRIAL PARK. See INTEGRATED CENTER.
      INSTITUTION. Any home, orphanage or other facility maintained or conducted by a group of persons, a firm, association, corporation or governmental body engaged in receiving and caring for dependent, neglected, handicapped or permanently disabled persons, or children in danger of becoming delinquent or in operating for gain a private business of boarding children who are unattended by parents or guardians, or persons in loco parentis.
      INTEGRATED CENTER. An area of development (commercial, industrial or any combination of commercial, industrial and residential uses) of one or more lots, comprised of:
         (a)   Two or more individual, non-related and separately operated uses in one building sharing common site facilities;
         (b)   One or more buildings containing non-related and separately operated uses occupying a common site, which utilizes one or a combination of common site facilities, such as driveways, parking areas, interior access drives, maintenance and similar common services; or
         (c)   One or more buildings containing non-related and separately operated uses occupying individual sites, which are interrelated by the utilization of one or a combination of common facilities, such as driveways, internal public or private street network developed in accordance with an approved subdivision, parking areas, maintenance or other services.
      INOPERATIVE MOTOR VEHICLE. Any automobile, truck, semi-trailer, school bus, recreational vehicle and the like that lacks a motor, drive train, wheels, axles, transmission and the like; also, a vehicle which does not carry a current year state registration or license tag.
      JUNK YARD. Any place at which personal property is or may be salvaged for reuse, resale, or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled, or assorted, including, but not limited to, used or salvaged base metal or metals, their compounds or combinations, used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property, except animal matter; and used motor vehicles, machinery or equipment which does not carry a current, valid license, and is used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.
      KENNEL, SMALL. Any lot or premises on which there are located four to 25 run cages, pens and/or animal housing units for dogs or other small animals that are commonly kept as household pets, at least four months old and where the primary use of the facility is to breed and/or board the animals, whether on a temporary or long-term basis. All animals must be licensed in accordance with county regulations.
      KENNEL, LARGE. Any lot or premises on which there are located 26 to 50 runs, cages, pens and/or animal housing units for dogs or other small animals that are commonly kept as household pets, which are at least three months old, where the primary use of the facility is to breed and/or board the animals, whether on a temporary or long-term basis. All animals must be licensed in accordance with county regulations.
      KENNEL, UNLIMITED. Any lot or premises on which there are located more than 50 runs, cages, pens and/or animal housing units for dogs or other small animals that are commonly kept as household pets, which are at least three months old, where the primary use of the facility is to breed and/or board the animals, whether on a temporary or long-term basis. All animals must be licensed in accordance with county regulations.
      LANDSCAPE CONTRACTOR. A person, partnership or corporation involved in the business of growing, storing, planting, installing and otherwise caring for live trees, shrubs, flowers and the like.
      LANDSCAPE EASEMENT.
      (1)   An area located in a subdivision that may be privately owned, but is reserved to provide greenspace and bufferyards.
      (2)   Restrictions for LANDSCAPE EASEMENTS will reflect those of regulated drain easements.
      LETTER OF MAP AMENDMENT (LOMA). Pertaining only to Chapter 192: Flood Hazard Prevention, an amendment to the currently effective FEMA map that establishes that a property is not located in a special flood hazard area (SFHA). A LOMA is only issued by FEMA.
      LETTER OF MAP REVISION (LOMR). Pertaining only to Chapter 192: Flood Hazard Prevention, an official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations and elevations.
      LIFE CARE FACILITY. A facility for the housing and care of elderly residents that may or may not contain on-site health care facilities.
      LIMITED ACCESS HIGHWAY. A highway to which abutting properties are denied access.
      LOADING AREA. A hard-surfaced, off-street area maintained and intended for the maneuvering and temporary parking of vehicles while transferring goods or materials to and from a facility. LOADING AREA includes the loading space and maneuvering area required to enter the loading space.
      LOADING, OFF-STREET. A loading area located completely on a lot and accessed via interior access drives, interior access driveways, access drives or driveways in which no individual loading spaces gain direct access to a public or private street.
      LOADING SPACE. A hard-surfaced, off-street area used for the temporary parking of a commercial vehicle while transferring goods or materials to and from a facility.
      LOT.
         (a)   A piece, parcel, plot or tract of land designated by its owner or developer to be used, developed or built upon as a unit under single ownership or control and may consist of:
            1.   A single lot of record;
            2.   A portion of a lot of record; or
            3.   A combination of complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record.
         (b)   A LOT may or may not coincide with a lot of record. For purpose of this definition, the ownership of a LOT is further defined to include:
            1.   The person(s) who holds either fee simple title to the property or is a life tenant as disclosed in the records of the Township Assessor; or
            2.   A long-term lessee (but only if the lease is recorded among the records of the county’s Recorder and has a term (exclusive of non-exercised extensions and renewals) of at least 25 years remaining before its expiration at the time of applying for a permit).
         (c)   Provided, however, for the purposes of Ch. 193 of this code of ordinances, the term LOT shall mean that portion of a subdivision which is proposed to be recorded in the office of the county’s Recorder as a lot of record.
 
      LOT AREA. The area bounded on all sides by the front, rear, and side lot lines that is available for use or development and does not include any area lying within the right-of-way of any public or private street or easement for surface access into the subject lot or adjoining lots.
      LOT, FLAG. A lot with access provided to the majority of the lot by means of a narrow corridor.
      LOT, CORNER. A lot abutting two or more streets at their intersections, or upon two parts of the same street forming an interior angle of less than 135 degrees.
      LOT COVERAGE.A measure of intensity of land use that represents the portion of a site that is impervious. This portion includes but is not limited to all areas covered by the primary structure, plus any accessory structures (including decks, patios, above-ground pools, in-ground pools, garages, carports and storage sheds), excluding driveways, sidewalks, fences and walls not attached in any way to a roof.
      LOT DEPTH. The distance from the midpoint of the front lot line to the midpoint of the rear lot line.
      LOT, DOUBLE FRONTAGE. A lot abutting two parallel streets or abutting two streets which do not intersect at the boundaries of the lot.
      LOT, GROUND LEVEL. For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street. 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. Any wall approximately parallel to and not more than five feet from a street is to be considered as adjoining the street.
      LOT, INTERIOR. A lot other than a corner lot or through lot.
      LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets.
      LOT LINE. The line of separation of a lot from any abutting street or adjoining lot; provided, however, for the purposes of Ch. 193 of this code of ordinances, the term LOT LINE shall mean the line of separation between a lot of record and any abutting street or adjoining lot of record.
 
      LOT LINE, FRONT. The lot line separating a lot from any abutting street. In the case of a through lot, the lot line which most closely parallels the primary entrance of the primary structure shall be considered the FRONT LOT LINE.
      LOT LINE, REAR. A lot line which is opposite and most distant from the front lot line, or in the case of a triangularly shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line. However, in the case of a corner lot, any lot line which intersects with a front lot line shall not be considered a REAR LOT LINE.
      LOT LINE, SIDE. Any lot line not designated as a front or rear lot line.
      LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the county’s Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
      LOT WIDTH. The full width of a lot measured along the minimum front yard and minimum building setback line required by this chapter.
      LOW LEVEL NUCLEAR WASTE. Radioactive byproduct materials generated by laboratory, hospital and industrial research and commercial production as defined by the Atomic Energy Act of 1954, as amended and administered by the Nuclear Regulatory Commission.
      LOWEST FLOOR. Pertaining only to Chapter 192: Flood Hazard Prevention, the lowest of the following:
         (a)   The top of the basement floor;
         (b)   The top of the garage floor, if the garage is the lowest level of the building. The top of the first floor of buildings elevated on pilings or constructed on a crawl space with permanent openings; or
         (c)   The top of the floor level of any enclosure below an elevated building where the walls of the enclosure provided any resistance to the flow of flood waters unless:
            1.   The walls are designed 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
            2.   Such enclosed space shall be usable for non-residential purposes and building access.
      MAINTENANCE BOND. A legally binding agreement whereby the subdivider posts a surety in a form acceptable to the Plan Commission for the maintenance of improvements, installations and lot improvements required by Ch. 193 of this code of ordinances, any other applicable ordinances of the town and any requirements, covenants, conditions or commitments which may be imposed by the Plan Commission.
      MAJOR RESIDENTIAL SUBDIVISION. See SUBDIVISION, MAJOR RESIDENTIAL.
      MANUFACTURED HOME. Pertaining only to Chapter 192: Flood Hazard Prevention, a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a “recreational vehicle”.
      MANUFACTURED HOME.
         (a)   As defined in I.C. 22-12-1-16, a dwelling unit (as defined in Pub. Law No. 312), designed and built in a factory which bears a seal certifying that it was built in compliance with the Federal Manufactured Housing Construction and Safety Standards Law, and certified by the state.
         (b)   Such MANUFACTURED HOME shall be constructed after 1-1-1981, classified as residential design, and exceed 750 square feet of occupied space, and exceed 12 feet in width.
         (c)   Occupied space does not include porches, terraces, garages, pullout or expansion rooms.
      MANUFACTURED HOME SUBDIVISION. A parcel of land platted for subdivision according to all requirements of Ch. 191 and 193 and this chapter, designed or intended for lots to be conveyed by deed to individual owners for residential occupancy primarily by manufactured homes.
      MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS CODES. Title VI of the 1974 Housing and Community Development Act (42 U.S.C. §§ 5401 et seq.), as amended (previously known as the Federal Mobile Home Construction and Safety Act), rules and regulations adopted there under (including information supplied by the home manufacturer, which has been stamped and approved by a design approval primary inspection agency, 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’s Department of Fire and Safety, all of which became effective for mobile/manufactured home construction on 6-15-1976.
      MASSAGE.
         (a)   Any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external parts of the human body with the hands or with the aid of any mechanical electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment or other such similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor.
         (b)   However, MASSAGE, as used in this chapter, shall not apply to the activity of any person who is registered or licensed by the United States Government or any agency thereof, by the state or any agency thereof, by the county or any agency thereof, or registered or licensed by any agency or association authorized to so register or license by any statute or ordinance of the United States, the state or the county, while such person so registered or licensed is performing the services for which the registration or license was issued and during the period of time said registration or license is in effect.
      MASSAGE ESTABLISHMENT. Any establishment having a source of income or compensation derived from the practice of massage, as herein defined, and which has a fixed place of business where any person, firm, association or corporation engages in, or carries on, any of the activities as defined in a “massage”.
      MAXIMUM BUILDING HEIGHT. The vertical distance measured from finished grade to the highest point of the roof.
      MAXIMUM DENSITY. A unit of measurement which represents the maximum number of units per acre of land on the aggregate total land to be developed, exclusive of rights-of-way of perimeter streets, floodway areas and areas designated as primary conservation areas or other non-developable areas.
 
      MINERAL EXTRACTION. Activities including mining or quarrying and the removal of earth materials.
      MINOR RESIDENTIAL SUBDIVISION. See SUBDIVISION, MINOR RESIDENTIAL.
      MOBILE HOME. As defined in I.C. 16-41-27-4, a detached transportable structure designed to be used as a single-family residential dwelling with all of the following characteristics:
         (a)   Certified in a factory and fabricated to the standards outlined in Indiana Public Law 135 pursuant to I.C. 91-5-1; and
         (b)   Designed to be transported after fabrication on its own wheels; and arriving at the site where it is to be occupied as a dwelling complete, including the major appliances, and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to the utilities and the like.
      MOBILE HOME PARK. As defined in I.C. 16-41-27-5, any parcel or tract of land licensed and registered under provisions of the Mobile Home Commission Act, being Act 419 of the Public Acts of 1976, as amended, under the control of any person upon which three or more occupied mobile homes are harbored on a continual or non-recreational basis, or which is offered to the public for that purpose, regardless of whether a charge is made therefore, together with any building structure, enclosure, street, equipment or facility used or intended for use incident to the harboring or occupancy of mobile homes.
      MOBILE HOME, TEMPORARY. The temporary placement of a mobile home for one of the following purposes:
         (a)   Temporary residence for persons intending to build a permanent residence on the same property within two years;
         (b)   Temporary residence of a mobile home adjacent to the permanent residence of one who is able to provide care or in need of care; or
         (c)   Temporary use of a mobile home, trailer or van as a contractor’s office, watchman’s shelter or tool and equipment storage on the project site and only during the period of construction.
      MONUMENT. Any permanent marker used to identify any tract, parcel, lot or street line.
      MOTEL. Any building or group of buildings containing five or more rooms with at least 25% of all rooms having direct entrance to and from the outside without the necessity of passing through the main lobby of the building(s), designed and intended to be occupied for sleeping purposes by guests for a fee, where general kitchen and dining room facilities may be provided within the building or an accessory building and which caters to the traveling public.
      MOTOR VEHICLE.Except as otherwise provided in this chapter, a vehicle that is self-propelled. The term does not include a “farm tractor”, “implement of husbandry” or motorized bicycle. The definitions for I.C. 9-13-2 applicable to motor vehicles law generally are hereby incorporated by reference hereto.
      MOTOR VEHICLE, ABANDONED.
         (a)   A vehicle located on public property illegally;
         (b)   A vehicle left on public property without being moved for three days;
         (c)   A vehicle located on public property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicular traffic on a public right-of-way;
         (d)   A vehicle that has remained on private property without the consent of the owner or person in control of that property for more than 48 hours;
         (e)   A vehicle from which the engine, transmission or differential has been removed or that is otherwise partially dismantled or inoperable and left on public property;
         (f)   A vehicle that has been removed by a towing service or public agency upon request of an officer enforcing a statute or an ordinance other than this chapter if the impounded vehicle is not claimed or redeemed by the owner or the owner’s agent within 20 days after the vehicle’s removal; and
         (g)   A vehicle that is at least three model years old, is mechanically inoperable and is left on private property continuously in a location visible from public property for more than 20 days.
      MOTOR VEHICLE, UNREGISTERED. Any vehicle which is not registered as required by state law, specifically I.C. 9-18-2-1 and the requirements to obtain the appropriate indicia of ownership, such as a license plate or renewal tag, and display the same as required by I.C. 9-18-2-7 and all regulations of the state’s Bureau of Motor Vehicles.
      MULTI-UNIT DEVELOPMENT. A development that contains three or more residential units.
      NEIGHBORHOOD RECYCLING COLLECTION POINT. A site where individuals bring household recyclable materials to either drop off without compensation or to redeem the materials for monetary compensation. Beyond any limited sorting, no other processing of the materials takes place at the site. All materials are stored completely within the structure while awaiting periodic shipment to the processing facilities. While these collection points may be developed as freestanding sites, they typically are accessory uses sharing the site of a larger primary use. Possible structures for this type of operation include such recycling containers as “igloos”, reverse vending machines, trailers or similar structures.
      NEW MANUFACTURED HOME PARK OR SUBDIVISION. Pertaining only to Chapter 192: Flood Hazard Prevention, 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 on or after the effective date of floodplain management regulations adopted by a community.
      NIGHT CLUB. An establishment dispensing liquor and/or meals and in which music, dancing or entertainment is conducted, excluding adult or sexually oriented activities.
      NON-CONFORMING BUILDING OR STRUCTURE, LEGALLY ESTABLISHED. Any continuous, lawfully established building or structure erected or constructed prior to the time of adoption, revision or amendment of the zoning ordinance but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.
      NON-CONFORMING USE, LEGALLY ESTABLISHED. Any continuous, lawful land use having commenced prior to the time of adoption, revision or amendment of the zoning ordinance, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.
      NON-RESIDENTIAL SUBDIVISION. See SUBDIVISION, NON-RESIDENTIAL.
      NON-WHIP ANTENNA. An antenna which is not a whip antenna, such as dish antennas, panel antennas and the like.
      NUCLEAR WASTE. Radioactive fuel elements, assemblies and the like generated by utility companies; military, industrial and commercial production as defined by the Atomic Energy Act of 1954 as amended and administered by the Nuclear Regulatory Commission. Any radioactive material whether gaseous, liquid or solid and associated carrier materials whether gaseous, liquid or solid which has been declared “de minimus” and no longer under control of the NRC. Such material may or may not be designated hazardous by the EPA.
      NURSING HOME. A facility licensed by the state that provides nursing and health care services on a continuing basis to persons of all ages who may require medical treatment, but not hospitalization.
      OFFICE PARK. See INTEGRATED CENTER.
      OPEN BURNING. The combustion of any matter in the open or in an open dump.
      OPEN DUMP. The consolidation of solid waste from one or more resources or the disposal of solid waste at a single disposal site that does not fulfill the requirements of a sanitary landfill or other land disposal method as prescribed by law or regulations, and that is established and maintained without cover and without regard to the possibilities of contamination of surface or subsurface water resources.
      OPEN SPACE. Pertaining only to Chapter 192: Flood Hazard Prevention, an area of land not covered by buildings, parking structures or accessory uses except for recreational structures. OPEN SPACE may include nature areas; stream and floodplains; meadows or open fields containing baseball, football and soccer fields, golf courses and the like; swimming pools; bicycle paths; and the like. OPEN SPACE does not include street right-of-way, platted lot area, private yard, patio areas or land scheduled for future development.
      ORPHANAGE. An institution for the care of children whose parents are incapacitated or deceased.
      OUTLOT. The portion of land in a subdivision, integrated center or planned development which is:
         (a)   Usually located adjacent to a street or frontage street; and
         (b)   Is intended for an additional and separate building or buildings in the development.
      OVERLAY DISTRICT. A zoning district that encompasses one or more underlying zones and that imposes additional requirements above that required by the underlying zone.
      PARENT LOT, TRACT OR PARCEL. The lot, tract or parcel of land for which approval is sought to subdivide it into at least two lots, tracts, parcels or other divisions of land for sale, development or lease.
      PARKING AREA. Any public or private area, under or outside of a building or structure, designed and used for parking and maneuvering motor vehicles including garages, private driveways and legally designated areas of public streets.
      PARKING AREA. Any area of paving other than an open exhibition or display area, not inclusive of interior access drives, driveways, interior access driveways and access drives, intended for the temporary storage of automotive vehicles including parking spaces and the area allocated to the egress/ingress of automotive vehicles to and from the actual parking space.
      PARKING GARAGE. See GARAGE, PARKING.
      PARKING, OFF-STREET. A parking area located completely on a lot and accessed via interior access drives, interior access driveways, access drives or driveways in which no individual parking spaces gain direct access to a public or private street.
      PARKING LOT. The primary or accessory use of a lot or a portion of a lot for the parking of automotive vehicles.
      PARKING SPACE. An off-street portion of the parking area, which shall be used only for the temporary placement of an operable motor vehicle.
      PATIO. A hard-surfaced area accessory structure to a primary use or structure of which the horizontal area is at grade level with at least one side open to the weather and essentially unobstructed to the sky. This area is specifically designed and intended for the recreational enjoyment of the occupant(s) and guest(s) of the primary use or structure and is not designed or intended for use by automotive vehicles.
      PAVEMENT. A layer of concrete, asphalt or coated macadam used on street, parking area, sidewalk or airport surfacing.
      PENNANT. A sign of lightweight plastic, fabric or other similar material, whether or not containing a message of any kind, which is suspended from a rope, wire or string, usually in a series, and which is designed to move in the wind. Flags of any government or political unit shall not be considered PENNANTS.
      PERFORMANCE BOND. A legally binding agreement whereby the subdivider posts a surety in a form acceptable to the Plan Commission for the construction of improvements, installations and lot improvements required by Ch. 193 of this code of ordinances, any other applicable ordinances of the town and any requirements, covenants, conditions or commitments which may be imposed by the Plan Commission.
      PERMITTED USE. The use of land or the use of a building or structure on land which is allowed, either as a matter of right or under limited conditions (i.e., as a special exception use, an accessory use, a home occupation or a temporary use) in the zoning district applicable to the land.
      PERSON. Any individual, corporation, firm, partnership, association or organization, or any other group that acts as a unit.
      PERVIOUS (SURFACE).  Area maintained in its natural condition, or covered by a material that permits infiltration or percolation of water into the ground.
      PLAN COMMISSION. The Town of Zionsville Plan Commission established pursuant to the Advisory Planning Law of the state.
      PLANNED UNIT DEVELOPMENT. A district established to allow development of an area of land as a single entity for a number of uses conforming to an approved development plan, which may not correspond with number of units, bulk, type of use, density, open space, parking, signage, landscaping or other standards required by other ordinances; a zoning district for which a PUD ordinance is required.
      PLANNER. The employee of the town who is empowered to inspect sites for compliance with this chapter and act as the agent of the Director in any other matter concerning the enforcement of this chapter.
      PLANT NURSERY. Land, buildings, structures or a combination thereof for the storage, cultivation, transplanting of live trees, shrubs or plants offered for retail or wholesale sale on the premises including products used for gardening and landscaping.
      PLAT. A drawing, map, plan or other graphic representation of a subdivision of a tract of land or a replat of such a tract of land into lots of record.
      PORCH. A roofed structure with at least one side exposed to the weather, supported from the ground and attached to or part of a building at the area of entrance or exit to said building.
      PRIMARY BUILDING. The building in which the primary permitted use of the lot is conducted.
      PRIMARY CONSERVATION AREAS. This category includes wetlands, lands that are generally inundated (under ponds, lakes or creeks), land within the 100-year floodplain and slopes exceeding 25%.
      PRIMARY PLAT. Any initial request for the subdivision of real estate filed before the Plan Commission pursuant to I.C. 36-7-4-700 et seq.
      PRIMARY STRUCTURE. A building in which the primary use of the lot or premises on which it is located is conducted, including a building that is attached to such a building in a substantial way, such as by a roof. With respect to residential uses, the PRIMARY BUILDING shall be the main dwelling.
      PRIME FARMLAND. Land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber and oilseed crops and is also available for these uses (land cannot be urban built-up land or water). It has the soil quality, growing season and moisture supply needed to economically produce sustained high yields or crops when treated and managed, including water management, according to acceptable farming methods. In general, PRIME FARMLANDS have an adequate and dependable water supply from precipitation or irrigation, a favorable temperature and growing season, acceptable acidity or alkalinity, acceptable salt and sodium content and few or no rocks. They are permeable to water and air. PRIME FARMLANDS are not excessively erodible or saturated with water for a long period of time and they either do not flood frequently or are protected from flooding. These areas are defined and illustrated on the map “Important Farmlands”, as defined in 1975 by Cartographic Division, Soil Conservation Service, USDA, of Boone County, Indiana, as amended.
      PRIMARY USE. A permitted use of land or a permitted use of a building or structure on land which is allowed as a matter of right in the zoning district applicable to the land, subject only to compliance with the development standards applicable to that zoning district.
      PRINCIPAL USE. The main use of land or structures as distinguished from a secondary or accessory use.
      PRIVATE SCHOOL. A private primary, grade, high or preparatory school or academy not supported by public tax dollars.
      PROFESSIONAL OFFICE CENTER. A building or group of buildings housing professional offices and appropriate associated and accessory uses.
      PUBLIC SEWER UTILITY. A municipal or public sewage disposal service that has been issued a final order by the Indiana Utility Regulatory Commission (IURC) granting a certificate of territorial authority (CTA) to the utility and maintains said CTA in good standing with the IURC.
      PUBLIC UTILITY. A municipal or public utility service which has been issued a final order by the state’s Utility Regulatory Commission granting an applicable certificate to the utility and maintains said certificate in good standing with the IURC.
      PUBLIC UTILITY INSTALLATIONS. The erection, construction, alteration, operation or maintenance of buildings, power plants, substations, water and sewage treatment plants, pumping stations and other similar public service structures by a public utility, railroad or by a municipal or other governmental agency.
      PUBLIC WATER UTILITY. A municipal or public water utility service that has been issued a final order by the Indiana Utility Regulatory Commission (IURC) granting a certificate of necessity and convenience (CNC) to the utility and maintains said CNC in good standing with the IURC.
      QUALIFYING TRACT. Any tract where 20 or more cubic yards of earth are moved.
      “R” DISTRICT. The R-SF-1, R-SF-2, R-SF-3, R-SF-4, R-MF-1, R-MF-2 and R-V Residential Zoning Districts.
      RECOVERY. Obtaining materials or energy for commercial or energy for commercial or industrial use from solid waste or hazardous waste.
      RECREATION AREA. An area designated, designed and equipped for the conduct of sports and leisure-time activities.
      RECREATION FACILITY, INDOOR. A place primarily designed and equipped for the conduct of sports and leisure-time activities indoors.
      RECREATION FACILITY, OUTDOOR. An area primarily designed and equipped for the conduct of outdoor sports and leisure-time activities. Such facility may be either public or private.
      RECREATIONAL VEHICLE.
         (a)   A self-propelled or towed vehicle designed and intended specifically for temporary living, travel and leisure activities, including, but not limited to, boats, motor homes, travel trailers and camping trailers.
         (b)   Pertaining only to Chapter 192: Flood Hazard Prevention, a vehicle which is:
            1.   Built on a single chassis;
            2.   Four hundred square feet or less when measured at the largest horizontal projections;
            3.   Designed to be self-propelled or permanently towable by a light duty truck; and
            4.   Designed primarily not for use a permanent dwelling, but as temporary living quarters for recreational camping, travel or seasonal use.
      RECREATIONAL VEHICLE PARK. Any lot or land upon which two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.
      RECYCLING. A process by which materials that would otherwise become solid waste are collected, separated or processed, and converted into materials or products for reuse or sale.
      RECYCLING CONTAINER. A receptacle designed and intended for the collection of cleaned, sorted, solid household waste products, including, but not limited to, glass, plastic, metal and paper.
      RECYCLING FACILITY. A recycling operation involving further processing (relative to a neighborhood recycling collection point) of materials to improve the efficiency of subsequent hauling. Such a facility typically features sorting, the use of a crushing apparatus and the storage of the material until it is shipped out.
      REGULATORY FLOOD. Pertaining only to Chapter 192: Flood Hazard Prevention, 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’s Natural Resources Commission and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined herein. The REGULATORY FLOOD is also know by the term BASE FLOOD.
      RELIGIOUS USE. A land use and all buildings and structures associated therewith devoted primarily to the purpose of divine worship together with reasonably related accessory uses, which are subordinate to and commonly associated with the primary use, which may include, but are not limited to, educational, instructional, social, residential or child care ministry uses.
      RESEARCH PARK. See INTEGRATED CENTER.
      RESTRICTED WASTE SITE. A solid waste land disposal facility designed and operated to accommodate specific types of waste as specified in 329 I.A.C. 2-9.
      RESIDENTIAL FACILITY FOR THE DEVELOPMENTALLY DISABLED. A facility which provides residential services for not more than eight developmentally disabled individuals in a program described in I.C. 12-11-1-1.
      RESIDENTIAL FACILITY FOR THE MENTALLY ILL. A facility which provides residential services for mentally ill individuals in a program described in I.C. 12-22-23.
      RESOURCE RECOVERY. The processing of solid waste into commercially valuable materials or energy.
      RESOURCE RECOVERY FACILITY. A solid waste processing facility designed and operated for the express purpose of processing solid waste into commercially valuable materials or energy.
      RESOURCE RECOVERY SYSTEM. A solid waste management system that provides for collection, separation, recycling and recovery of solid and/or non-hazardous wastes including the disposal of non-recoverable waste residues.
      RIGHT-OF-WAY. Specific and particularly described land, property, or interest therein devoted to and subject to the lawful use, typically as a thoroughfare for passage of pedestrians, vehicles or utilities, as set forth in a written grant, declaration or conveyance that is recorded in the office of the county’s Recorder.
      RIGHT-OF-WAY, EXISTING. The total right-of-way width of a street as created or expanded by the most recent grant, declaration or conveyance for that is recorded by the office of the county’s Recorder.
      RIGHT-OF-WAY, PUBLIC. Specific and particularly described strip of land, property or interest therein dedicated to and accepted by the municipality, county or state to be devoted to and subject to use by the general public for general transportation purposes or conveyance of utilities whether or not in actual fact improved or actually used for such purposes, as set forth in a written grant, declaration or conveyance that is recorded by the office of the county’s Recorder.
      RIGHT-OF-WAY, PRIVATE. Specific and particularly described strip of privately-held land devoted to and subject to use for general transportation purposes or conveyance of utilities whether or not in actual fact improved or actually used for such purposes, as set forth in a written grant, declaration or conveyance that is recorded by the office of the county’s Recorder.
      RINGLEMAN NUMBER. The number of the area on the Ringleman Chart that most nearly approximates the light observing capacity of smoke. The Ringleman Chart is described in the U.S. Bureau of Mines Information Circular 6888; on which are illustrated graduated shades of gray for use in estimating smoke density. Smoke below the density of Ringleman No. 1 shall be considered as no smoke or Ringleman No. 0.
      ROADSIDE PRODUCE STAND. A temporary structure designed or used for the display or sale of agricultural and related products.
      RUNOFF. The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil, but runs off the surface of the land.
      RUNOFF FROM A FULLY DEVELOPED AREA UPSTREAM. The surface water runoff that can be reasonably anticipated upon maximum development of that area of the watershed located upstream from the subject tract, as permitted by prevailing zoning or any existing Comprehensive Plan.
      SANITARY LANDFILL. A solid waste land disposal facility designed to accommodate general types of solid waste as elsewhere defined in this chapter, excluding waste regulated by 329 I.A.C. 3, and operated by spreading the waste in thin layers, compacting it to the smallest practical volume, and covering it with cover material at the end of each working day. This definition does not include a clean fill site or a construction/demolition site which are defined elsewhere in this chapter.
      SEASONAL RETAIL SALES. A temporary use established for a fixed period of time, for the retail sale of seasonal products, including, but not limited to, such items as food, Christmas trees and live plants. This use may or may not involve the construction or alteration of any permanent building or structure.
      SECONDARY CONSERVATION AREAS. This category shall typically include all or part of the following kinds of resources: woodlands; aquifer recharge areas; poorly drained soils; significant wildlife habitat areas; prime farmland; historic, archaeological or cultural features listed (or eligible to be listed) on national, state or county registers or inventories; scenic views into the property from existing public roads; or other features unique to the site. SECONDARY CONSERVATION AREAS, therefore, typically include forest, meadows, pastures, farm fields, part of the ecologically connected matrix of natural areas significant for wildlife habitat, water quality protection or other reasons.
      SECONDARY PLAT. Any plat approved by the Plan Commission and authorized for filing with the county’s Auditor and for recording by the office of the county’s Recorder in accordance with I.C. 36-7-4-710.
      SECRETARY. The Secretary of the Plan Commission as duly appointed by the Plan Commission in accordance with I.C. 36-7-4-304.
      SEDIMENTATION. The process by which mineral or organic matter is accumulated or deposited by moving wind, water or gravity.
      SEPTIC SYSTEM, PRIVATE. A septic tank, filtration field and subsurface drainage if required, which are located on an individual lot. Installations of such a system shall be based on the requirements of the county’s Sewage Disposal and Drainage Ordinance, as administered by the county’s Health Department.
      SERVICES INVOLVING SPECIFIED SEXUAL ACTIVITIES OR DISPLAY OF SPECIFIED ANATOMICAL AREAS. This phrase, as used in the definition of “adult service establishment”, means and includes any combination of two or more of the following activities:
         (a)   The sale or display of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas;
         (b)   The presentation of films, motion pictures, video cassettes, slides or similar photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons;
         (c)   The operation of coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas;
         (d)   Live performance by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas; and
         (e)   The operation of a massage establishment.
      SETBACK. The distance measured perpendicularly from the property line to the closest point of the building, structure, sign structure, parking area or any other permanent improvement.
      SETBACK LINE. A line that establishes the minimum distance that a building, structure or portion thereof can be located from a lot line or right-of-way line.
      SETBACK, MINIMUM SIDE. The minimum distance from a side lot line required by this chapter, measured perpendicularly from the side lot line, to the closest point of the building, structure, sign structure, parking area or any other permanent improvement.
      SFHA or SPECIAL FLOOD HAZARD AREA. Pertaining only to Chapter 192: Flood Hazard Prevention, those lands within the jurisdiction of the town that are subject to inundation by the regulatory flood. The SFHAs of the town are generally identified as such on the Flood Insurance Rate Map of the town prepared by the Federal Emergency Management Agency and dated 6-15-1989. The SFHAs of those parts of unincorporated Boone County that are within the extraterritorial jurisdiction of the town or that may be annexed into the town are generally identified as such on the Flood Insurance Rate Map prepared for the county by the Federal Emergency Management Agency and dated 3-16-1982.
      SHARED DRIVEWAY. A single driveway that serves two to four adjacent lots pursuant to access easements.
      SIGN.
         (a)   Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images.
         (b)   For purposes of this chapter, the following SIGNS are defined.
            1.   ANIMATED SIGN. Any sign that uses movement or change of lighting to depict action or create a special effect or scene.
            2.   BANNER. Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame at one or more edges. National flags, state or municipal flags or the official flag of any institution or business shall not be considered BANNERS.
            3.   BUILDING MARKER. Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.
            4.   BUILDING SIGN. Any sign attached to any part of a building, as contrasted to a freestanding sign.
            5.   CANOPY SIGN. Any sign that is a part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area. A marquee is not a CANOPY.
            6.   FLAG. Any fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision or other entity.
            7.   FREESTANDING SIGN. Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.
            8.   INCIDENTAL SIGN. A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as “no parking”, “entrance”, “loading only” and other similar directives. No sign with a commercial message legible from a position off the lot on which this sign is located shall be considered INCIDENTAL.
            9.   MARQUEE. Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
            10.   OFF-PREMISES SIGN. Directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
            11.   PORTABLE SIGN. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
            12.   PROJECTING SIGN. Any sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.
            13.   RESIDENTIAL SIGN. Any sign located in a residential district that contains no commercial message, except advertising for goods or services legally offered on the premises where the sign is located, if offering such service at such location conforms with all requirements of this chapter.
            14.   ROOF SIGN. Any sign erected and considered wholly on and over the roof of a building, supported by the roof structure and extending vertically above the highest portion of the roof.
            15.   ROOF SIGN, INTEGRAL. Any sign erected or constructed as an integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches.
            16.   SUSPENDED SIGN. A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
            17.   TEMPORARY SIGN. Any sign that is used only temporarily and is not permanently mounted.
            18.   WALL SIGN. Any sign attached parallel to, but within six inches of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
         (c)   A SIGN is any structure, fixture, placard, announcement, declaration, device, demonstration or insignia used for direction, information, identification or to advertise or promote any business, product, goods, activity, services or interests.
      SIGN, A-FRAME. A portable sign containing two sign faces and whose framing is hinged at the apex at an angle less than 45 degrees.
      SIGN, ADVERTISING. An off-premises sign which directs attention to any business, profession, product, activity, commodity or service that is offered, sold or manufactured on property or premises other than that upon which the sign is located. Also known as an OUTDOOR ADVERTISING SIGN.
      SIGN, AWNING. A building identification sign or graphic printed on or in some fashion attached directly to the material of an awning.
      SIGN, BALLOON. A temporary sign consisting of a bag made of lightweight material which is either:
         (a)   Filled with a gas lighter than air; or
         (b)   Continuously filled with blown air, and designed to rise or float in the atmosphere or is attached to the ground or a building.
      SIGN, BUSINESS. See SIGN, IDENTIFICATION.
      SIGN, CANOPY. Any sign that is part of or attached to a canopy over a door, entrance or window.
      SIGN, CHANGEABLE COPY. See READER BOARD SIGN or ELECTRONIC VARIABLE MESSAGE SIGN.
      SIGN, CONSTRUCTION. A temporary sign which identifies the construction activity on a property and announces the project, owner or developer, contractor, subcontractor, architect, engineer, funding sources or related information.
      SIGN, DIRECTIONAL. Any incidental sign which serves solely to designate the location of or direction to any place or area located on the same lot.
      SIGN, DIRECTORY. An on-premises sign on which the name, title, street number or use of building is displayed.
      SIGN, ELECTRONIC VARIABLE MESSAGE (EVMS). A sign, or portion thereof, where the message copy includes characters, letters or illustrations that can be changed or rearranged electronically without touching or physically altering the primary surface of the sign. Message copy may be changed in the field or from a remote location.
      SIGN, FREESTANDING. A sign that is attached to, erected on or supported by some structure (such as a pole, mast or frame) that is grade not itself an integral part of or attached to a building or structure whose principal function is something other than the support of a sign.
      SIGN, GROUND. Any freestanding sign constructed in or on the ground surface with a maximum height not exceeding six feet above grade.
      SIGN, IDENTIFICATION. Any sign which is limited to the name, address and number of a building, institution or person and to the activity carried on in the building or institution, or the occupancy of the person.
      SIGN, INCIDENTAL. A sign relating to the lot or use thereof and designated accessory uses, direction, identification, information, construction or real estate for sale, lease or rent.
      SIGN, MARQUEE. Any building identification sign painted, mounted, constructed or attached in any manner on a marquee.
      SIGN, NON-COMMERCIAL OPINION. A sign which does not advertise products, goods, businesses or services and which expresses an opinion or point of view.
      SIGN, NON-CONFORMING. A sign which qualifies as a legally established non-conforming structure.
      SIGN, OFF-PREMISES. See SIGN, ADVERTISING.
      SIGN, ON-PREMISES. A sign which directs attention to a building, business, product, activity or service offered on the property on which the sign is located.
      SIGN, PARKING AND LOADING. Any incidental sign which serves to designate the location of any parking or loading area on a lot and may include the name of the owner or the establishment for which such parking or loading area it is provided.
      SIGN, POLE. Any freestanding sign which has its supportive structure(s) anchored in the ground and which as the lowest portion of its sign display surface elevated a minimum of ten feet above the grade.
 
      SIGN, PORTABLE. Any sign or sign structure not securely attached to the ground or other permanent structure, or a sign designed to be transported from place to place, including, but not limited to, signs transported by means of wheels; a sign attached to A- or T-frames; a menu and sandwich board sign; a balloon used as a sign, umbrella used for advertising; and, a sign attached to or painted on a vehicle parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operation of the business.
      SIGN, PROJECTING. Any sign which is affixed to a building or wall in such a manner that the leading edge extends more than 18 inches beyond the surface of such building or wall face.
      SIGN, PYLON. Any freestanding sign anchored in the ground with its sign display surface extending upward from the ground surface and which has a height exceeding six feet above grade.
      SIGN, READER BOARD.
         (a)   A sign, or portion thereof, where the message copy includes characters, letters or illustrations that can be physically altered without altering the primary surface of the sign. The message copy of a reader board sign can be changed manually in the field or through remote electronic or electric techniques.
         (b)   Methods of changing the message copy include the use of:
            1.   Changeable letters, numbers, symbols and similar characters;
            2.   Changeable pictorial panels; or
            3.   Rotating panels or other similar devices.
      SIGN, ROOF. Any sign erected on or wholly constructed upon a roof of any building and supported solely on the roof structure.
      SIGN, SPANDREL. Any sign that is a part of or attached to the spandrel.
      SIGN STRUCTURE. Any structure including supports, uprights, acing and framework which supports or is capable of supporting any sign.
      SIGN SURFACE. The surface of the sign upon, against or through which the message of the sign is exhibited.
      SIGN SURFACE AREA. The area of a sign surface (which is also the sign surface area of a wall sign or other sign with only one face). SIGN SURFACE AREA shall be computed by using the smallest square, rectangle or combination thereof that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets the applicable regulations of this chapter and is clearly incidental to the display itself.
 
      SIGN, SUSPENDED. Any sign that is suspended from the underside of a horizontal plane surface and is connected to the horizontal plane surface.
 
      SIGN, T-FRAME. A portable sign utilizing an inverted “T” style of framing to support.
      SIGN, TEMPORARY. Any sign or sign structure which is not permanently affixed or installed, and is intended to be displayed for limited periods only. Examples of such signs include, but are limited to the following: real estate, construction, special event, garage sale or home improvement/remodeling signs.
 
      SIGN, WALL. Any sign attached to or erected on a wall exposed face of the sign in a plane parallel to the plane of said wall, within 18 inches of said wall and containing only one sign display surface.
      SIGN, WIND. A sign of lightweight fabric or similar material attached at one end to a pole or similar apparatus so as to swing freely, inflate and flutter by movement of the wind.
      SIGN, WINDOW. Any sign placed:
         (a)   Inside of and within two feet of a window; or
         (b)   Upon a window panes or glass, and is intended to be seen from the exterior of the window.
      SINGLE USE SITE. A lot which is developed and intended for use by one permitted use.
      SITE PLAN. A plan prepared to scale, and other material showing accurately and with complete dimensions, the boundaries of a site and the location of all buildings, structures, uses and principal site development features, interior vehicular and pedestrian access proposed for a specific parcel of land.
      SKETCH PLAN. A graphic representation of a site or subdivision, drawn to an appropriate scale by hand or other drawing method, capable of depicting the general pattern proposed for a development or subdivision layout in compliance with the applicable provisions of Ch. 193 of this code of ordinances or this chapter.
      SLOPE. The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. SLOPES are usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.
      SMOKE UNIT. The number obtained when the smoke density in Ringleman number is multiplied by the time of emission in minutes. For the purpose of this calculation, a Ringleman density reading shall be made at least once a minute during the period of observation. Each reading shall then be multiplied by the time in minutes during which it is observed. The products so computed shall then be added to give the total number of smoke units observed during the entire observation period.
      SOIL STABILIZATION. Chemical or structural treatment of a mass of soil to increase or maintain its stability or otherwise improve its engineering properties.
      SOLID WASTE. Garbage; refuse; sludge from a waste treatment plant, water supply treatment plant or air pollution control facility; or other discarded materials including solid, liquid, semi-solid or contained gaseous material resulting from industrial, commercial, mining or agricultural operations or from community activities. However, the term SOLID WASTE does not include:
         (a)   Solid or dissolved materials in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges, which are point sources subject to permits under § 402 of the Water Pollution Control Act Amendments (33 U.S.C. § 1342);
         (b)   Source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C. §§ 2011 et seq.); or
         (c)   Manures or crop residues returned to the soil at the point of generation as fertilizers or soil conditioners as part of a total farm operation (Pub. Law No. 143-1985, § 90).
      SOLID WASTE PROCESSING FACILITY. A solid waste facility upon which is located a solid waste incinerator, transfer station, solid waste baler, solid waste shredder, resource recovery system, composting facility, garbage grinding facility and other facilities, or recycling facilities, not included in the above definition if subsequently approved by the county’s Solid Waste Management District and the state’s Department of Environmental Management.
      SOLID WASTE TRANSFER STATION. A facility for the collection, separation, compaction, processing and storage of solid waste until said waste can be transported or transferred to a sanitary landfill or other facility approved and licensed for the disposal of solid wastes by the state.
      SPANDREL. A roof-like structure that covers the gasoline pump dispenser, serves as a second-tier canopy, is a lighting source for the dispensing area, serves to identify the gasoline pumps by numerical designation and may display signs.
      SPECIAL EXCEPTION. The authorization of a use, designated as being permitted in the district concerned if it meets special conditions, and upon application, is specifically authorized by the BZA.
      SPECIAL EXCEPTION USE. The use of land or the use of a building or structure on land which is allowed in the zoning district applicable to the land only through the grant of a special exception by the Board of Zoning Appeals.
      SPECIFIED ANATOMICAL AREAS. This phrase means and includes any of the following:
         (a)   Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areola; or
         (b)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
      SPECIFIED SEXUAL ACTIVITIES. This phrase means and includes any of the following:
         (a)   Human genitals in a state of sexual stimulation or arousal;
         (b)   Acts of human masturbation, sexual intercourse or sodomy;
         (c)   Fondling or other erotic touchings of human genitals, pubic regions, buttocks or female breasts;
         (d)   Flagellation or torture in the context of a sexual relationship;
         (e)   Masochism, erotic or sexually oriented torture, beating or the infliction of pain;
         (f)   Erotic touching, fondling or other such contact with an animal by a human being; or human excretion, urination, menstruation, vaginal or anal irrigation as part of or in connection with any of the activities set forth in divisions (a) through (f) above.
      STABLE, PRIVATE. An accessory building in which horses are kept for private use and not for remuneration, hire or sale.
      STABLE, PUBLIC. An accessory building in which horses are kept for commercial use including boarding, hire, riding, show or sale.
      STAFF. The Building Commissioner, or any attorney, employee or agent of the town, as designated by the Plan Commission.
      STATE. The State of Indiana.
      STORAGE AND TRANSFER ESTABLISHMENT. A facility at which products, goods or materials are received from various locations and temporarily warehoused while awaiting distribution or shipment via a subsequent carrier, possibly along with other products, goods or materials to another destination.
      STORAGE, OUTSIDE. The storage of any product, goods, equipment, machinery, vehicles, boats, supplies, building materials or commodities, including raw, semi-finished and finished materials for a period of time in excess of one week, the storage of which is not accessory to a residential use, and which is visible from ground level; provided, however, that, vehicular parking and the display of automobiles, boats, trucks or farm equipment associated with a legally established dealership shall not be deemed OUTSIDE STORAGE.
      STORY. The part of a building, with an open height of no less than 78 inches, except a mezzanine, included between the upper surface of one floor and the lower surface of the next floor, or if there is no floor above, then the ceiling next above. A basement shall constitute a STORY only if it provided finished floor area.
      STREET.
         (a)   Any public or private right-of-way, with the exception of alleys, essentially open to the sky and open and dedicated to the general public for the purposes of vehicular and pedestrian travel affording access to abutting property, whether referred to as a street, lane, road, drive, expressway, arterial, thoroughfare, highway or any other term commonly applied to a right-of-way for said purposes.
         (b)   A STREET may be comprised of pavement, shoulders, gutters, curbs, sidewalks, parking space and similar features.
 
      STREET, COLLECTOR. A street primarily designed and intended to carry vehicular traffic movement at moderate speeds (e.g., 35 mph) between local street and arterials while allowing direct access to abutting property(ies).
      STREET, CUL-DE-SAC. A local street having one open end and being permanently terminated at the other by a vehicular turnaround.
      STREET, FRONTAGE. A street located along side and generally parallel with a more heavily traveled street and which provides access to abutting property(ies).
      STREET, LIMITED ACCESS. A street along which access is restricted due to the acquisition of access rights from adjoining properties by the appropriate governmental agency having jurisdiction over such street (example Interstates I-465 or I-65).
      STREET, LOCAL. A street, not classified as a primary arterial street, secondary arterial street or collector street, designed and intended to carry low volumes of vehicular traffic movement at low speeds within the immediate geographic area with direct access to abutting properties.
      STREET, PRIMARY ARTERIAL. A street so designated by the transportation plan for the town, as amended.
      STREET, PRIVATE. A privately-held right-of-way, with the exception of alleys, essentially open to the sky and open to the general public for the purposes of vehicular and pedestrian travel affording access to abutting property, whether referred to as a street, easement, road, expressway, arterial, thoroughfare, highway or any other term commonly applied to a right-of-way for said purposes. A PRIVATE STREET may be comprised of pavement, shoulders, curbs, sidewalks, parking spaces and similar features.
      STREET PUBLIC. A publicly dedicated, accepted and maintained right-of-way with the exception of alleys essentially open to the sky and open to the general public for the purposes of vehicular and pedestrian travel affording access to abutting property, whether referred to as a street, lane, road, drive, expressway, arterial, thoroughfare, highway or any other term commonly applied to a public right-of-way for said purposes. A PUBLIC STREET may be comprised of pavement, shoulders, gutters, curbs, sidewalks, parking space and similar features.
      STREET, SECONDARY ARTERIAL. A street so designated by the transportation plan for the town, as amended.
      STRUCTURE.
         (a)   Anything constructed or erected, the use of which requires location on the ground, or attachment to something having a fixed location on the ground. Among other things, STRUCTURES include buildings, mobile homes, walls, parking areas, signs and billboards.
         (b)   Pertaining only to Chapter 192: Flood Hazard Prevention, 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.
      STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the exterior walls or roof.
      SUBDIVIDER. The owner, developer or authorized agent of the owner or developer of real estate, who is responsible for all designs, reservations and improvements related to the petition for primary or secondary plat approval or the development of a subdivision.
      SUBDIVISION, MAJOR RESIDENTIAL.
         (a)   A subdivision of a tract of land into four or more parcels or lots, including any remainder of the original tract, for single-family or two-family dwelling purposes;
         (b)   Any single-family or two-family dwelling subdivision which involves the creation of new streets, extension of water lines or sewer lines, or the creation of public improvements; or
         (c)   Subdivision for a multi-family dwelling development.
      SUBDIVISION, MINOR RESIDENTIAL. A subdivision of a tract of land into less than four parcels or lots, including any remainder of the original tract, for single-family or two-family dwelling purposes, which does not involve the creation of new streets, extension of water lines or sewer lines or the creation of public improvements.
      SUBDIVISION, NON-RESIDENTIAL. A subdivision of a tract of land for any commercial, industrial or special exception use.
      SUBDIVISION, RURAL ZONING. The division of a lot, tract or parcel of land into two lots, tracts, parcels or other divisions of land for sale, development or lease. The following kinds of division of existing parcels of land are exempt from requirements found in the Subdivision Control Ordinance:
         (a)   AGRICULTURAL DIVISION. A division where the resulting lots are:
            1.   Intended solely for agricultural uses;
            2.   Are at least 20 acres in size; and
            3.   Abut existing public ways.
         (b)   TWO-LOT DIVISION. A division resulting in only two building lots when the parent lot, tract or parcel existed prior to 1-1-1999.
         (c)   ADJOINING TRANSFERS. A division resulting in the transfer or sale of land between adjoining lot owners that does not create additional building sites.
      SUBDIVISION, URBAN ZONING.
         (a)   The division of a parcel of land into two or more lots, parcels, sites, units, plats or interest for the purpose of offer, sale, lease or development, either on the installment plan or upon any and all other plans, terms and conditions, including resubdivision. SUBDIVISION includes the division or development of land opened for residential and non-residential uses, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat or other recorded instrument.
         (b)   The following kinds of division of existing parcels of land are exempt from requirements found in Ch. 193 of this code of ordinances:
            1.   A division of land into two or more tracts all of which are at least five acres in size;
            2.   A division of land for the sale or exchange of tracts by adjoining landowners to correct errors in an existing legal description; provided that, no additional building sites other than for accessory buildings are created by the division;
            3.   A division of land for the acquisition of street or utility right-of-way or easement;
            4.   A division of land for the sale or exchange of tracts between adjoining land owners; provided that, no additional development sites other than for accessory buildings are created by the division;
            5.   A division of land into cemetery plots for the purpose of burial; and
            6.   A division of a lot of record, which is or may be legally developed with a two- family dwelling or a multi-family dwelling, into sub-lots for the purpose of transfer of ownership of the individual dwelling units and their associated portion of the lot of record; provided that, no additional development sites are created by the division and that no sub-lots are created which do not contain a dwelling unit.
      SUB-LOTS. Portions of a lot of record created in connection with the transfer of ownership of individual dwelling units in a two-family or multi-family dwelling.
      SUBSTANTIAL IMPROVEMENT. Pertaining only to Chapter 192: Flood Hazard Prevention, 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 structure’s continued designation as a “historic structure”.
      SWALE. A low lying stretch of land which gathers or carries surface water runoff.
      SWIMMING POOL. A self-contained body of water at least 18 inches in depth used for recreational purposes. Such body of water may exist in a metal tank, plastic lined or masonry structure located either above or below ground level. SWIMMING POOLS may be either public or private in use. A private pool is considered as an accessory use.
      TELECOMMUNICATIONS. The transmission between or among points specified by the user of information of the user’s choosing, without change in the form or content of the information as sent and received.
      TELECOMMUNICATIONS ANTENNA. An antenna used to provide a telecommunications
service.
      TELECOMMUNICATIONS SERVICE. The offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
      TELECOMMUNICATIONS TOWER. A structure more than ten feet tall, built primarily to support one or more telecommunications antennas.
      TEMPORARY SEASONAL RETAIL SALES. A temporary use established for a fixed period of time, for the retail sale of seasonal products, including, but not limited to, such items as food, Christmas trees, pumpkins and live plants. This use may or may not involve the construction or alteration of any permanent building or structure.
      TEMPORARY USE. A land use established for a limited and fixed period of time with the intent to discontinue such use upon the expiration of the time period.
      THOROUGHFARE. See STREET.
      TRADE OR BUSINESS SCHOOL. A secretarial or business school or college when not publicly owned or not owned or conducted by or under the sponsorship of a religious, charitable or non- profit organization or a school conducted as a commercial enterprise for teaching music, dancing, barbering, hair dressing, drafting or industrial or technical arts.
      TRANSPORTATION PLAN. The Zionsville Regional transportation plan, a segment of the Comprehensive Plan for the town, adopted pursuant to I.C. 36-7-4, that sets forth the location, alignment, dimensions, identification and classification of primary arterial streets, secondary arterial street and other public ways as a plan for the development, redevelopment, improvement and extension and revision thereof.
      TRUCK SERVICE CENTER. An occupancy, which provides especially for the servicing of trucks, with incidental operations similar to those permitted for “automobile service station”.
      TOPSOIL. Surface soils and subsurface soils which presumably are fertile soils and soil materials, ordinarily rich in organic matter of humus debris. TOPSOIL is usually found in the uppermost soil layer call the “A Horizon”.
      TOWN COUNCIL. The Town Council of the Town of Zionsville, Indiana.
      TOWN ENGINEER. The licensed engineer designated by the town to furnish engineering assistance and advice in the administration of this chapter and Ch. 193 of this code of ordinances.
      TOWN STANDARDS. The town’s Construction Standards for Paving and Surfacing, Storm Sewer, Gravity Sanitary Sewer, Force Main, Submersible Lift Station, adopted by the Town Council, April, 1994, as amended. Those drawings, memorandum and specifications established by the Town Engineer, under the authority and adoption of the Town Council, for the sole purpose of identifying the minimum quality and performance standards for facilities, or components thereof, which, in the opinion of the town’s Engineer, may impact the integrity of the street and public works systems, thereby impacting the public health, safety, comfort, convenience and general welfare of the town.
      TRANSFER STATION. A facility where solid waste is transferred from a vehicle or container to another vehicle or container for transportation. The term does not include the following:
         (a)   Facility where the solid waste that is transferred has been generated by the facility; and
         (b)   A recycling facility. (For reference, see I.C. 13-7-1.)
      USE. The specific purposes, for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained.
      UNDERGROUND FACILITIES. An accessory structure which is at least 75% subterranean, utilized for storage of personal property or as a temporary shelter for people, such as a storm cellar or fallout shelter.
      VARIANCE. Pertaining only to Chapter 192: Flood Hazard Prevention, a grant of relief from the requirements of this section which permits construction in a manner that would otherwise be prohibited by this section.
      VETERINARY ANIMAL HOSPITAL OR CLINIC. A facility where the primary use is for a licensed veterinarian and his or her supervised staff to care for, diagnose and treat sick, ailing, infirm or injured animals, and those in need of medical or surgical attention. Temporary boarding on the premises as an accessory use is allowed.
      VIDEO STORE. A business where videos and associated visual home entertainment products are sold, rented or otherwise distributed, excluding sexually oriented material.
      WATERCOURSE. A permanent stream, intermittent stream, river, brook, creek, channel or ditch for water whether natural or human-made.
      WHIP ANTENNA. An omni-directional dipole antenna of cylindrical shape which is no more than six inches in diameter.
      WIRELESS COMMUNICATIONS FACILITY. Any towers, poles, antennas or other structures intended for use in connection with transmission or receipt of radio or television signals, or any other spectrum-based transmissions/receptions.
      YARD. An open space, unobstructed to the sky, extending fully across the lot while situated between the front, side or rear lot line and the established front, side or rear building line.
      YARD, FRONT. An open space, unobstructed to the sky, extending fully across the lot while situated between the front lot line and the established front building line.
      YARD, INTERIOR. An open space, unobstructed to the sky, extending out from the wall of a multi-family dwelling.
      YARD, MINIMUM. An open space unobstructed to the sky, extended fully across the lot situated between a lot line and a setback line. MINIMUM YARDS may be a front yard, a side yard or a rear yard depending on which lot line the required yard abuts.
      YARD, PERIMETER. An open space, unobstructed to the sky, extending fully across the lot while situated between any front, side and rear lot line and the minimum required front, side and rear setback.
      YARD SALE. See GARAGE SALE.
      YARD, SIDE. An open space, unobstructed to the sky, extending fully across the lot while situated between a side lot line and the established side building line.
      YARD, REAR. An open space, unobstructed to the sky, extending fully across the lot while situated between the rear lot line and the established rear building line.
      ZERO LOT LINE. The zoning practice of placing a building on one of the side lot lines in order to increase the useable side yard space by combining the required side yards into one.
      ZIONSVILLE THEME. The architecture, design and overall aesthetic exterior character of a building which is consistent with the Georgian, Federal, Greek Revival or Victorian architectural styles, and which enhances the overall visual and physical landscape, streetscape and associated surroundings.
(Ord. 2000-16, passed 8-28-2000, § 11.2)
(Ord. 2015-04, passed 3-2-2015; ; Ord. 2016-23, passed 12-19-2016; Ord. 2017-17, passed 12-4-2017)