1. Undefined Terms: Words not defined in this chapter are considered as defined in normal dictionary usage.
2. Tense and Form: Words used or defined in one tense or form include other tenses and derivative forms.
3. Number: Words in the singular include the plural, and words in the plural include the singular.
4. Gender: The masculine gender includes the feminine and neuter. The feminine gender includes the masculine and neuter. The neuter gender includes the masculine and feminine.
5. Time: For an act required by this Ordinance, the time requirement is computed by excluding the first day and including the last day, unless the last day is a Saturday, Sunday, or a holiday declared by the United States Congress or the Indiana General Assembly, in which case it is also excluded. The word "day" means a calendar day, unless otherwise indicated.
6. Person: The word "person" includes individuals, firms, partnerships, joint ventures, trusts, trustees, estates, corporations, associations, and any other similar entities.
7. Captions, Illustrations, and Tables: In case of difference of meaning between the text of this Ordinance and any caption, illustration, or table, the text controls. No caption, illustration, or table limits the scope or intent of the text of this Ordinance.

1. Purpose of Generic Use Definitions: Certain terms in this chapter are defined to include many uses to eliminate overly detailed listings of uses in the zoning districts established by this Ordinance. These terms are referred to in this Ordinance as “generic” definitions.
2. Components of Generic Use Definitions: A generic definition has 3 components: (1) a brief listing of examples of uses to be included within the scope of the definition; (2) an identification of certain uses not meant to be included by the term; and (3) a statement that, for the purposes of each zoning district, any other uses listed within the zoning district do not fall within the generic definition.
3. Uses Not Listed or Not Within Scope of Generic Use Definitions: A use not specifically listed in a zoning district or not falling within a generic definition as defined in this chapter, or as interpreted by the Administrator according to 8.5 Interpretations, is prohibited.
   

For this Ordinance, terms or words used are interpreted or defined as follows.

Aa

Abutting. Having a common property line or district line.

Accessory Dwelling Unit. A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to an existing single-family structure.

Accessory Use or Structure. A structure or use that (1) is incidental to and serves a principal building or a principal use; (2) is subordinate in height, area, extent, and purpose to the principal structure or principal use served; (3) contributes to the comfort, convenience, or necessity of the occupants, business, or industry of the principal structure or principal use served; and (4) is located on the same lot as the principal structure or principal use served, except as otherwise expressly authorized by the provision of this Ordinance. Accessory parking facilities may be authorized to be located elsewhere. An accessory structure is a detached structure. Where authorized by this Ordinance, wireless communication service facilities may be considered an accessory use.

For 2.8 Floodplain Regulations, an Accessory Structure is a structure with a floor area 400 square feet or less located on the same parcel of property as the principal structure. The use is incidental to the use of the principal structure. Accessory structures constitute a minimal initial investment, are not used for human habitation, and are designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds.

Addition. Any walled and roofed expansion to the perimeter of a structure where the addition is connected by a common, load-bearing wall other than a firewall. Any walled and roofed addition connected by a firewall or separated by independent perimeter load-bearing walls is new construction.

Adjacent. Lying near or in the immediate vicinity.

Adjoining. Touching or contiguous, as distinguished from lying near.

Administrator (Zoning Administrator). The individual appointed by the Town Manager, by and with the consent of the Town Council, to administer and enforce the Zoning Ordinance of the Town.

Adult Arcade. Any place the public is permitted, where still or motion picture machines, projectors, or other image-producing devices show images to five or fewer people per machine at one time, and where the images displayed are characterized by the depicting or describing "specified sexual areas."

Adult Cabaret. A nightclub, bar, restaurant, or similar establishment regularly featuring:

• persons who appear in a state of nudity; or
• live performances, characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
• motion pictures or other photographic reproductions characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult Dancing. See Adult Cabaret.

Adult Entertainment Facilities. All or part of an establishment, business or service that offers specific sexual activities, services, or performances whether filmed, recorded or live. The term “adult entertainment facilities” include:

• Adult Cabaret
• Adult Motel
• Adult Motion Picture Theater
• Adult Theater
• Nude Model Studio
• Clothing Modeling
• Sexual Encounter Center

Adult Media. CD-ROMs or other devices used to record computer images, or other media characterized by emphasis on matter depicting, describing, or relating to hard-core material.

Adult Media Store. An establishment that rents and/or sells media, and that meets any of these three criteria:

• 40% or more of the gross public floor area is devoted to adult media.
• 40% or more of the stock-in-trade consists of adult media.
• It advertises as “XXX”, “adult”, “sex”, or otherwise as a sexually oriented business other than an adult media store, adult motion picture theater or adult cabaret.

Adult Motel. A hotel, motel, or similar commercial establishment that:

• offers accommodations to the public; provides patrons with television transmissions, films, motion pictures, or other photographic reproductions characterized by the depiction or description of "specified sexual activities" or “specified anatomical areas"; and has a sign visible from the public right-of-way that advertises the availability of adult type of photographic reproductions; or
• offers a sleeping room for rent for a period less than 10 hours; or
• allows a tenant or occupant of a sleeping room to sub rent the room for a period less than 10 hours.

Adult Motion Picture Theater. An establishment emphasizing or predominately showing sexually oriented movies.

Adult Retail Facilities. All or part of any establishment, business or service that offers sexually oriented material, services, devices, or paraphernalia. The term “adult retail facilities” includes:

• Adult Media Store
• Escort Agency
• Sex Shops

Adult Theater. A theater, concert hall, auditorium, or similar establishment that regularly features people in a state of nudity or live performances characterized by the exposure of "specified anatomical areas" or by “specified sexual activities."

Agriculture. Using land for agricultural purposes, including farming, dairy farming, pasturage, horticulture, floriculture, viticulture, and animal and poultry husbandry, including the necessary accessory uses for packing, treating or storing the produce. Agriculture does not include the commercial feeding of garbage to swine or other animals.

Airport. A facility operated by an airport authority or governmental entity that provides infrastructure and services for air travel, together with all activities commonly associated with the operation of a major air carrier facility. Such services, infrastructure, and activities may include but are not limited to: landing fields; facilities for the parking, storage, fueling, repair, and rental of aircraft; passenger and baggage terminals; air cargo operations and associated facilities; public transportation infrastructure, including terminals and stations; safety facilities such as fire and police stations; open space uses such as agriculture, parks, golf courses, and recreation; energy production; retail, concessions, and other uses designed primarily to serve airline passengers, other airport users, and space; and other accessory uses as determined by the Administrator.

Aisle (Parking). The area used by motor vehicles for access to and from off-street parking spaces. For this ordinance, regulations pertaining to aisles also apply to all parking lot access driveways.

Alley. A public or private way at the rear or side of property, permanently reserved as a secondary vehicular access to abutting property.

Alteration. Any change in size, shape, character, occupancy, or use of a building or structure, including any act or process that changes any exterior architectural features of a historical improvement.

Anhydrous Ammonia Storage and Distribution. A facility, or group of facilities, that receives, stores, and handles anhydrous ammonia.

Animal Sales and Services. An establishment engaged in the retail sale, grooming, care, breeding, or boarding of animals, not restricted to domestic or household pets, and which may include overnight accommodations. Includes provision of veterinary medicine, dentistry, or surgery services by licensed veterinary practitioners and animal kennels or other animal boarding facilities not limited to domestic or household pets.

Animal Sales and Services – Household Pets. An establishment engaged in any of the following:

1. The retail sale, grooming, care, or boarding of domestic or household animals only, and which may include overnight accommodations. The retail sale of domestic animals (e.g., pet store) is permitted.
2. The maintaining, raising, harboring and/or boarding of 4 or more dogs, or 6 or more cats, or 6 or more dogs and cats is considered a primary “animal services and sales - household pets only” use.
3. Provision of veterinary medicine, dentistry, or surgery services by licensed veterinary practitioners for household or domestic pets only.

Antenna. An apparatus, free standing or attached to the exterior of a building, with any supporting structure, for sending or receiving electromagnetic waves.

Apartment Building. A multiple-family dwelling originally constructed to accommodate three or more apartments, designed with more than one dwelling unit connecting to a common corridor or entranceway, in contrast to single- or two-family dwellings converted for multiple-family use.

Appeal. A request for a review of the Administrator’s interpretation of any provision of this ordinance.

Aquaculture. An agricultural use in which food fish, shellfish or other marine foods, aquatic plants, or aquatic animals are cultured or grown in order to sell them or the products they produce. Includes fish hatcheries, growing tanks or raceways; the processing, storage, packaging and distribution of shellfish and fish; and accessory uses such as feed storage and water treatment facilities.

Assisted Living Facility. A facility for adults in need of some protective oversight or assistance due to functional limitation that provides a living arrangement integrating shelter, food and other supportive services to maintain a functional residential status.

Auto Body Repair. Establishments primarily engaged in automotive body repair other than the types of repairs permitted at automobile filling stations and auto service repair establishments.

Auto Service Repair. Establishments primarily engaged in the repair or replacement of parts, oils, coolants, lubricants, tires, and other similar services. “Auto service repair” includes muffler shops, oil change shops, car care centers, tire centers and other uses similar in nature and impact.

Auto Filling Station. Establishments primarily engaged in dispensing or offering for retail sale automotive fuels or oils and incidental convenience goods; having pumps and storage tanks, and where battery, tire and other similar services are rendered wholly indoors.

Auto/Motorcycle/Boat/Light Truck Sales or Rentals. Establishments primarily engaged in the sales, leasing, rental, and related servicing of new and used automobiles, light trucks, vans and sport utility vehicles limited to a capacity of not more than one-and-one-half tons, motorcycles, motor scooters, mopeds, all-terrain vehicles, snowmobiles, go-carts, automobile hitches or utility trailers, and similar items; excluding commercial wrecking, dismantling, or junk yard.

Automobile Services, Light. Establishments providing routine maintenance and minor repair servicing of automobiles, which may include washing, cleaning, waxing, greasing, tire repair, wheel alignment, brake repair, muffler replacement, engine tune-up, flushing of radiators, servicing of air conditioners, and other activities of minor repair and servicing.

Automobile Services, Heavy. Establishments providing major repairs to and the servicing of automobiles, including engine overhaul or replacement, body work, upholstery work, glass replacement, transmission overhaul, brake repair with drum and disc grinding, replacement of electrical accessories such as starters and alternators, frame alignment, and rebuilding of wrecked automobiles, excluding commercial wrecking, dismantling, junk yard, truck, and tractor repair.

Automobile Towing Service Storage Yard. The assembling or standing of damaged or impounded vehicles for indeterminate periods of time, excluding the wrecking, dismantling or repairing of vehicles.

Bb

Basement. The portion of a structure having its floor sub-grade (below ground level) on all sides.

Bed and Breakfast Establishment. A transient lodging establishment, generally in a single-family dwelling or detached guesthouse, primarily engaged in providing overnight or otherwise temporary lodging for the general public and may provide meals for compensation.

Block. That property abutting on one side of a street between two nearest intersecting streets, railroad rights of way, or natural barriers; provided, however, that where a street curves so that any two chords form an angle of 120° or less measured on the lot side, such curve is construed as an intersecting street.

Boundary Line. A line on the Zoning Map designating the edge of a use district. A boundary line may be a boundary line for two use districts depending on the particular use districts located on each side of said line.

Boundary River. The part of the Ohio River that forms the boundary between Kentucky and Indiana.

Boundary River Floodway. The floodway of a boundary river.

Build-to Line. An alignment established a certain distance from the right-of-way line to a line along which the building must be built. Front porches and handicap ramps are be exempt from build-to line requirements and must occur on the property.

Buildable Area. The space remaining on a lot after the minimum yard requirements of the Ordinance have been complied with.

Building. A structure having a roof, supported by columns or walls for shelter, support, or enclosure of persons or animals. For structures separated by division walls from the ground up and without openings, each portion of the building is deemed a separate building unit.

Building, Accessory. See Accessory Building or Use.

Building, Detached. A building surrounded by an open space on the same lot.

Building Height. See Height of Building.

Building, Nonconforming. See Nonconforming Building.

Building, Principal. A building in which the principal use of the lot is conducted.

Building Setback Line. The line parallel to the street identifying the minimum distance between a street right-of-way or property line and the nearest building foundation of any structure on the lot.

Bulk. The term used to indicate the size and setbacks of buildings or structures and their location with respect to one another, including:

• Size and height of buildings.
• Location of exterior walls at all levels in relation to lot lines, streets, or other buildings.
• Gross floor area of buildings in relation to lot area (floor area ratio).
• All open spaces allocated to buildings.
• Amount of lot area provided per dwelling unit.

Cc

Caliper. A measurement of the diameter of a tree trunk. Caliper is measured 6” above the ground level for calipers up to 4 1/2 inches. Caliper is measured 12” above the ground level for calipers greater than 4 1/2 inches.

Campground/RV Park. An area to be used for transient occupancy by camping in tents, camp trailers, travel trailers, motor homes, or similar movable or temporary sleeping quarters of any kind.

Canopy. See Marquee.

Car Wash. All or part of a building where facilities for washing, cleaning and detailing automobiles are provided that involve machine or hand-operated mechanical devices or equipment.

Carport. A roofed automobile shelter with the front open and unobstructed, and at least two other sides having 75% of the vertical area remaining open and clear.

Cellar. A story having more than one-half of its height below the curb level or below the highest level of the adjoining ground. A cellar is not counted as a story for the purpose of height measurement.

Cemetery. Any land or structure dedicated to and used for the interment, entombment, or inurnment of human remains.

Child Care Facilities. Any place other than a family home in which people receive child care services during any part of a day not exceeding 13 hours in any 24-hour period and licensed pursuant to the Town and State requirements.

Clinic. An establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, other health care professionals, or similar professions.

College/University. A privately-owned or publicly owned institution providing full-time or part-time education beyond the high school level, including any lodging rooms or housing for students or faculty.

Communication Services. Establishments engaged in the provision of television and film production, broadcasting, and other information relay services accomplished using electronic and telephone mechanisms. Facilities that broadcast exclusively over the internet and have no live, in-building audiences to broadcasts are excluded from this definition. Typical uses include: television studios; television and film production studios; broadcast and/or recording studios; telecommunication or telecommuting service centers; or cable services.

Community Center. A place, structure, area or other facility used for and providing programs, information and services generally open to the public and designed to accommodate and serve significant segments of the community.

Community Rating System (CRS). A program developed by the Federal Insurance Administration to provide incentives for communities in the Regular Program exceeding the minimum floodplain management requirements to develop extra flood protection measures.

Comprehensive Plan. The Town of Avon Comprehensive Plan.

Composting Facility. A commercial or public solid waste processing facility where yard or garden waste is transformed into soil or fertilizer by biological decomposition.

Confined Feeding. A facility engaged in the confined feeding of animals as defined in IC 13-11-2-40.

Confined Feeding Operation. (a) Any confined feeding of at least 300 cattle, 600 swine or sheep, 30,000 fowl, or 500 horses or (b) any Animal Feeding Operation defined in 327 IAC 19-2-3 electing to be subject to IC 13-18-10 or that is causing a violation of water pollution control laws, any rules established under IC 13-13-8, or the provisions of IC 13-18-10. For purposes of this definition, "confined feeding" means the feeding of animals in lots, pens, ponds, sheds, or buildings where animals are confined, fed, and maintained for at least 45 days during any 12-month period and where ground cover or vegetation is not sustained over at least 50% of the animal confinement area. The term excludes: (1) a livestock market under state or federal inspection where animals are assembled from multiple sources to be publicly auctioned or privately sold on a commission basis, or (2) a livestock sale barn or auction market where animals are kept for not more than 10 days.

Conforming Building or Structure. A building or structure complying with the regulations of this Ordinance and the amendments governing structures for the zoning district where it is located; or a structure designed or intended for a conforming use.

Contractors, Special Trade – General. An establishment providing general contracting and/or building construction services for residential, farm, industrial, or commercial uses, and which typically does not involve outdoor storage of machinery or equipment. This definition includes: general building contractors; plumbing, heating, air-conditioning; painting and paper hanging; electrical work; masonry, stonework, and plastering; carpentry and floor works; roofing, siding, and sheet metal work; glass and glazing work; installing building equipment; and special trade contractors.

Contractors, Special Trade – Heavy/Contractor Yard. Establishments providing general contracting and/or construction services other than for buildings, such as for highways and streets, bridges, sewers, and flood control projects, and which may involve outdoor storage of machinery or equipment, or a contractor yard for vehicles, equipment, materials and/or supplies.

Correctional Facility. Publicly or privately operated facility housing people awaiting trial or people serving a sentence after being found guilty of a criminal offense.

Court. An open unoccupied space, other than a yard, on the same lot with a building, which is totally or partially enclosed by a building or buildings and is completely open to the sky.

Curb Level. The level of the established curb in front of the building measured at the center of the front. Where a building faces on more than one street, the "curb level" is the average of the levels of the curbs at the center of each street frontage. Where no curb elevation has been established, the level of the centerline of the street is considered the curb level.

Dd

Density. The numerical value obtained by dividing the total dwelling units in a development by the gross area of a tract of land upon which the dwelling units are located.

Dental Office. See Clinic.

Department. The Town of Avon Planning Department.

Development. Any man-made change to improved or unimproved real estate including:

• construction, reconstruction, or placement of a structure or any addition to a structure;
• installing a manufactured home on a site, preparing a site for a manufactured home or installing recreational vehicle on a site for more than 180 days;
• installing utilities, erecting walls and fences, constructing roads, or similar projects;
• constructing flood control structures such as levees, dikes, dams, channel improvements, etc.;
• mining, dredging, filling, grading, excavation, or drilling operations;
• constructing and/or reconstructing bridges or culverts;
• storing materials; or
• any other activity that might change the direction, height, or velocity of flood or surface waters.

"Development" does not include activities such as the maintenance of existing structures 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 structures.

Development Plan. Also referred to as a site plan. A detailed plan, prepared in accordance with and submitted to the Plan Commission or other designated body for review and approval. The plan illustrates the proposed development or alterations of a site.

Development Review. Development review consists of site plan review, development plan review, zoning certificates, special exception permits, planned unit developments, variances, amendments to the Ordinance or map, and appeals from administrative determinations as provided in this Ordinance.

District. A portion of the Town where certain uniform regulations and requirements apply under the provisions of this Ordinance.

Drive-Through. An accessory facility that is designed for conducting business with customers in motor vehicles.

Dwelling. A building designed or used exclusively for residential occupancy, including one-family dwelling units, two-family dwelling units, and multiple-family dwelling units, but excluding a house trailer, mobile home, hotels, and boarding or lodging houses.

Dwelling, Accessory. A second dwelling unit either in or added to an existing single-family detached dwelling, or in a separate accessory structure on the same lot as the main dwelling, for use as a complete, independent living facility with provisions within the accessory apartment for cooking, eating, sanitation, and sleeping.

Dwelling, Apartment Building - Large. See Article 5.9.

Dwelling, Apartment Building - Small. See Article 5.8.

Dwelling, Attached. A dwelling typically containing three or more dwelling units and joined to other dwellings by party wall or walls.

Dwelling, Bungalow Court. See Article 5.6.

Dwelling, Converted. Any building which was originally designed and constructed as a one-, two-, or three-family dwelling, but which has been changed or altered by the construction of additional dwelling units to provide for more families than the original building.

Dwelling, Detached. A dwelling surrounded on all sides by open space.

Dwelling, Duplex. See Article 5.5.

Dwelling, Efficiency Unit. A dwelling unit consisting of one principal room exclusive of bathroom, kitchen, hallway, closet, or dining alcove directly off the principal room.

Dwelling, Ground Floor Area. The square footage of first floor measured from the outside of the exterior walls, excluding cellars, basements, open porches, breezeways, garages, and other infrequently used spaces.

Dwelling, Multiple-Family. A dwelling containing three or more dwelling units, and not including converted dwellings.

Dwelling, Single-Family Detached. A dwelling containing accommodations for and occupied by only one family.

Dwelling, Townhouse. See Article 5.7.

Dwelling Unit. One or more rooms in a dwelling or apartment designed for occupancy by one family for living purposes and having its own permanently installed cooking and sanitary facilities.

Ee

Election. An election means a general election, municipal election, primary election, school district election, and special elections.

Emergency Program. The first phase under which a community participates in the NFIP. It provides a first layer amount of insurance at subsidized rates on all insurable structures in that community before the effective date of the initial FIRM.

Encroachment. The infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, that may impede or alter the flow capacity of a floodplain.

Equipment Sales and Leasing. Establishments primarily engaged in the temporary leasing of tools, materials, or construction equipment, excluding equipment used for excavation, grading, or similar tasks or processes.

Escort. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

Escort Agency. Establishments primarily engaged in furnishing escorts as one of its primary business purposes, for a fee, tip, or other consideration, provided no sexual activity is conducted on the premises.

Et Seq. Abbreviation for “et sequens” which means “and following”.

Excavation. Any act by which organic matter, earth, sand, gravel, rock, or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed and the resulting conditions of such activity.

Existing Grade. The vertical location of the existing ground surface prior to excavation or filling.

Exterior Architectural Feature. The architectural style, design, general arrangement and components of all of the outer surfaces of an improvement, as distinguished from the interior surfaces enclosed by the exterior surfaces, including the kind of building materials, type and style of all windows, doors, lights, signs, and other fixtures pertinent to such improvement.

Ff

Façade. That portion of any exterior elevation on the building extending from grade to top of parapet, wall, or eaves and the entire width of the building elevation.

Fairgrounds. An area where buildings, structures, and land are used for the exhibition of livestock, farm products, etc. and/or for carnival-like entertainment.

Family. An individual, or two or more persons related by blood, marriage, or adoption, or a group of not more than three persons, not related by blood, marriage, or adoption, living together as a single housekeeping unit in a dwelling unit, but not including sororities, fraternities, or other similar organizations.

Farm. Land being used for agricultural purposes.

Fence. Any construction of wood, metal, wire mesh, masonry, or other material erected for the purpose of assuring privacy, protection, or restraining animals.

Fill. Any act by which earth, sand, gravel, rock, or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported, or moved by man to a new location, the resulting conditions of such activity.

Financial Institution. Establishments primarily engaged in the provision of financial services, including banks, credit unions, savings and loan institutions, and mortgage companies.

Firing Range. A licensed enclosed space designed and used for discharging firearms safely fully within the confines of a structure; primarily for sport, maintaining proficiency, and training.

Floodlight. A bulb that projects light in a wide angled beam, typically 100º or more.

Floor Area, Gross. The sum of the gross horizontal areas of all floors of building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The "floor area of a building" includes the basement floor area when more than 1/2 of the basement height is above the established curb level. Floor area includes enclosed off-street parking spaces, elevator shafts and stairwells, floor space used for mechanical equipment (excluding equipment located on the roof), penthouses, attic space having headroom of 7’10” or more, interior balconies, mezzanines, enclosed porches, and floor area devoted to accessory uses.

The floor area of structures devoted to bulk storage of materials including grain elevators and petroleum storage tanks is determined on the basis of the height of such structures in feet; 10 feet in height are deemed equal to one floor (if a structure measures more than 5 feet over the floor equivalent, it is construed to have an additional floor).

Floor Area (For Determining Off-Street Parking and Loading). The gross floor area taken from the outside walls of the building.

Food Preparation and Sales, Commercial. Establishments primarily engaged in the preparation and production of prepared food items in individual servings for off-premises consumption and/or sale by others. Typical uses include caterers, wholesale bakeries, commissary kitchens, specialty food packaging and/or processing shops, and flight kitchens.

Fraternity. See Student Housing.

Full cutoff. A light fixture that prevents distribution of light above a horizontal plane passing through the lowest point of the bulb or lens, diffuser, reflective enclosure, or other parts intended to distribute light.

Fully shielded. A fixture constructed, installed, and/or mounted such that a line of sight to the bulb is obstructed by an opaque material when viewed at ground level or above from all adjoining residential property lines and from 20 feet inside all other adjoining property lines.

Funeral Home. Establishment engaged in undertaking services such as preparing the dead for burial and arranging and managing funerals. Typical uses include funeral homes or mortuaries.

Gg

Gasoline Filling Station. A building, property, or structure the principal use of which dispenses or offers for retail sale of automotive fuels or oils and incidental convenience goods; having pumps and storage tanks thereon, and where battery, tire and other similar services, are rendered, but only if rendered wholly within lot lines and indoors. “Gasoline Filling Station” shall not include an include an auto body repair establishment.

Garage, Private. An accessory building or an accessory portion of the principal building intended for and used for storing privately owned motor vehicles, boats, and trailers of the family or families residing on the premises, and in which no business, service or industry connected with motor vehicles, boats and trailers is carried on, nor any other commercial activity not permitted as a home occupation.

Government Building. A building or structure owned and operated by a municipal, state, federal, or other taxing body institution in which governmental services are provided or conducted.

Grade. The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

Grade, Street. See Curb Level.

Grading. Excavation, fill, or any combination and the resulting conditions from any excavation or fill.

Green Space Area. That portion of the front yard of a lot that is immediately adjacent and parallel to the street right-of-way of the Ronald Reagan Parkway and all other Roads within the identified boundaries.

Grocery. Establishments primarily engaged in the direct retail sale of food items such as meats, cereals, grains, produce, baked goods, dairy products, canned and frozen prepared food products, beverages, cleaning supplies, pet food and supplies, pharmaceuticals, over-the-counter medicines, personal products, household goods, books and magazines, plants, and other sundry and similar items are available to be purchased by the consumer. Grocery Retail includes grocery stores, supermarkets, meat or fish markets, fruit and vegetable markets, and other uses similar in nature and impact.

Group Residential Facility. A facility licensed by the State of Indiana to provide a homelike setting to the developmentally disabled and/or the mentally ill. This provides the benefits of a group living situation as an alternative to hospitalization or institutionalization.

Hh

Hard-Core Material. Media characterized by sexual activity that includes one or more of the following: erect male organ; contact of the mouth of one person with the genitals of another; penetration with a finger or male organ into any orifice in another person; open female labia; penetration of a sex toy into an orifice; male ejaculation; or the aftermath of male ejaculation.

Heavy Vehicle/Equipment Sales, Rentals and Service. Establishments primarily engaged in the sales, leasing, or rental, and related servicing, of high capacity mechanical devices for moving earth or other materials, and mobile power units including: carryalls, graders, loading and unloading devices, cranes, drag lines, trench diggers, tractors, augers, bulldozers, concrete mixers and conveyors, harvester combines and other major agricultural equipment and similar devices, trucks in excess of one-and-one-half tons or equipment for use in agriculture, mining, industry, business, transportation, building, or construction; or automobile hitches or trailers, house trailers, recreational vehicles, and boats, but excluding commercial wrecking, dismantling, or junk yard.

Height of Building. The vertical distance measured between the average finished grade at the sides around the building to the elevation of the highest point of coping of a flat roof or to the highest point of a mansard roof or to the average height between the eaves and ridge of a gable, gambrel, or hip roof.



Heliport. A facility for landing or take-off area for rotor craft that may include a passenger terminal and/or routine servicing of rotor craft.

Home Child Care. The provision of child care services within a residential dwelling unit during any part of a day not exceeding 13 hours in any 24-hour period and licensed pursuant to the Town and State requirements.

Home Occupation. An accessory use of a dwelling unit that is used for a gainful activity involving the provision, assembly, processing, or sale of goods and/or services that is incidental and secondary to the use of a dwelling unit but excluding the provision of shelter or lodging.

Horizontal foot-candles. The amount of light striking a horizontal plane or surface.

Hospice. A facility that provides inpatient care and attends to the emotional, spiritual, social, and financial needs of terminally ill patients and their families.

Hospital. An institution licensed by state law providing health services and medical or surgical care to patients and injured persons.

Hotel. A building in which lodging is offered with or without meals principally to transient guests and that provides a common entrance, lobby, halls, and stairways.

Ii

Impervious. Incapable of being penetrated; not letting water through.

Improvement Location Permit. A permit issued by the Town for the construction, erection, or alteration of a structure or building.

Independent Living Facilities (for the elderly). A building or group of buildings containing dwelling units where the occupancy of the dwelling is restricted to persons 60 years of age or older, or couples where either the husband or the wife is 60 years of age or older. This does not include a development that contains convalescent or nursing services.

Indoor Art, Recreation, and Entertainment. A public or private facility that provides indoor entertainment including, video arcades, virtual reality games, and mechanical rides.

Indoor Firing Range. A facility designed or used for shooting at targets with rifles, pistols, or shotguns, and which is completely enclosed within a building or structure.

Interested Parties. All persons with a legal interest in the property and all owners of real property within 660 feet or a depth of 2 ownerships, whichever is less. If however, the subject matter of the proposal abuts or includes a county line or a county line street, road, or body of water, then all owners of real property to a depth of 2 ownerships or 1/8 of a mile into the adjacent county, whichever is less, are interested parties who must be sent notice.

Jj

Jail. A facility established in conjunction with a law enforcement or public safety building, established for the temporary detention of adult or juvenile persons while being processed for arrest or detention by law enforcement. Such facilities do not include lodging or food service facilities to facilitate a stay longer necessary for processing of the arrest. Holding facilities do not include detention, correctional, or release facilities.

Kk

Kennel. Any premises where more than a combined total of three dogs, cats or other domestic animals or pets over six months of age are kept for the purpose of sale; or where any number of animals are cared for in return for remuneration.

Ll

Laboratory, Research, and Development Services. A building or group of buildings containing one or more of the following types of facilities:

1. A research and development facility, training facility, production studio, laboratory, display/showroom/sales facility, or other similar use which typically has a high ratio of square feet of floor area per employee.
2. A building or part of a building devoted to the testing and analysis of any product. No manufacturing is conducted on the premises except for experimental or testing purposes.
3. A business primarily engaged in the development or engineering of computer software or computer hardware, but excluding retail sales, computer hardware manufacturers, and computer repair services.
4. A facility for the servicing of technological equipment and/or office machinery, such as computers, copying machines and word processing equipment.
5. A facility for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
6. A facility devoted to the testing and analysis of any product, including medical laboratories, biological product manufacturing, and blood and organ banks.
7. A laboratory that provides bacteriological, biological, medical, x-ray, pathological and similar analytical or diagnostic services to doctors or dentists. No fabricating is conducted on the premises, except the custom fabrication of dentures or similar dental appliances. This definition excludes in-patient or overnight care, animal hospitals, veterinarians, or other similar services.

Library. A public facility for the use, but not sale, of literary, musical, artistic, or reference materials.

Light Fixture. The assembly that holds the lamp (bulb) in a lighting system. It includes the elements designed to give light output control, such as a reflector (mirror) or refractor (lens), the ballast, housing, and the attachment parts.

Limited Access Highway. A traffic way, including expressways and toll roads for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such traffic way.

Lingerie Modeling Studio. An establishment or business that provides the services of live models modeling lingerie to individuals, couples, or small groups in a room smaller than 750 square feet.

Live/Work Dwelling. A unit containing an integrated living and working space with shared access that is intended to function predominately as business workspace with incidental residential use that has bathing facilities. The unit typically has the workspace, public display area, or showroom on the ground floor of the unit and most of the residence located with on an upper floor or at the back of the unit.

Loading and Unloading Space, Off-Street. An open hard-surfaced area of land, other than a street or public way, the principal use of which is for the standing, loading, and unloading of motor trucks, tractors, and trailers.

Lot. A legally divided area or portion of land under single ownership or control that is intended to be occupied by one use, group of uses, one or more main buildings, or structures. A lot may be comprised of several abutting lots under the same ownership to create a lot of sufficient size to meet the minimum requirements of this Ordinance (e.g. lot area, lot width, lot coverage, etc.)

Lot Area. The area of a horizontal plane bounded by the front, side, and rear lot line.

Lot, Corner. A lot located at the intersection of two streets, or a lot bounded on two sides by a curving street, and any two chords of which form an angle of one hundred twenty degrees or less measured on the lot side.

Lot Coverage. The area of a lot occupied by the principal building and accessory buildings.

Lot Depth. The mean horizontal distance between front and rear lot lines measured within the lot boundaries.

Lot, Double Frontage. A lot other than a corner lot having frontage on two or more streets. An alley is not considered a street.

Lot Frontage. The horizontal distance between the side lot lines measured along the front lot line.

Lot, Interior. A lot other than a corner lot.

Lot Line. See Property Line.

Lot Line, Front. A lot line abutting a street. For a corner lot, a line separating the narrowest street frontage of the lot from the street, unless otherwise determined by the Administrator.

Lot Line, Interior. A lot line common with another lot.

Lot Line, Rear. The rear lot line is the lot line most nearly parallel to and most remote from the front lot line.

Lot Line, Side. Lot lines other than front, street side, or rear lot lines.

Lot Line, Street Side. A lot line, other than a front lot line or a rear lot line, that abuts a street. A street side lot line does not include lot lines that abut an alley.

Lot, Mew. A lot fronting an open space or common area served by an alley or street at the rear of the lot. The front yard setback of a mew lot is measured from the narrowest lot line abutting the open space or common area.

Lot of Record. A lot, which is a part of a subdivision, the plat of which has been legally recorded, or land which has a parcel index number within the Town at the time this Ordinance is adopted.

Lot, Through. See Lot, Double Frontage.

Lot Width. The horizontal distance between side lot lines, or between the side lot line and the lot line adjoining a street of a corner lot, measured along the required minimum building setback line created by the front yard requirement of the district in which the lot is located.

Mm

Major Gateways. Regional gateways where major traffic thoroughfares intersect with the Ronald Reagan Parkway. For purposes of this Ordinance, Major Gateways are located where the Ronald Regan Parkway meets the interchanges at I-70 and I-74.

Manufactured Home. A dwelling that is fabricated in one or more modules at a location other than the home site by assembly-line production techniques or by other construction methods unique to an off-site manufacturing process that bears a seal certifying it was built in compliance with the federal Manufactured Housing Construction and Safety Standards Law of 1974 (42 U.S.C. 5401 et seq.) and which was constricted after January 1, 1981, and exceeds 950 sf of main floor area exclusive of garages, carports, and open porches and exceeds 23 feet wide and is attached to a permanent foundation.

Manufacturing, Fabricating, and Assembly – General. A manufacturing establishment primarily engaged in the fabrication or assembly of products from prestructured materials or components; or a manufacturing establishment whose operations include storage of materials; processing, fabrication, or assembly of products; and loading and unloading of new materials and finished products, and does not produce or utilize in large quantities as an integral part of the manufacturing process, toxic, hazardous, or explosive materials. Because of the nature of its operations and products, little or no noise, odor, vibration, glare, and/or air and water pollution is produced, and, therefore, there is minimal impact on surrounding properties.

Manufacturing, Fabricating, and Assembly – Heavy. A manufacturing establishment whose operations include storage of materials; processing, fabrication, or assembly of products; and loading and unloading of new materials and finished products. Toxic, hazardous, or explosive materials may be produced or used in large quantities as an integral part(s) of the manufacturing process. Noise, odor, dust, vibration, or visual impacts, as well as potential public health problems in the event of an accident, could impact adjacent properties.

Market Value. The building value, excluding the land (as agreed to between a willing buyer and seller), as established by what the local real estate market will bear. Market value can be established by independent certified appraisal, replacement cost depreciated by age of building (actual cash value) or adjusted assessed values.

Marquee or Canopy. A roof-like structure of a permanent nature that projects from the wall of a building and, in some cases, overhangs the public way.

Masonry Material. Brick, limestone, natural stone, manufactured stone, or a combination of these materials, bonded together with a mortar to form a wall, buttress, or similar mass. For the purpose of this Ordinance, thin stone veneer, thin brick veneer, and fiber cement siding are not masonry materials.

Mass Transit Facility. A facility for bus, fixed rail, or other types of transportation service available to the general public that move relatively large numbers of people at one time.

Media. Anything printed or written, or any picture, drawing, photograph, motion picture, film, or pictorial representation, or any electronic reproduction of anything that is or may be used as a means of communication. Media includes books, newspapers, magazines, movies, videos, sound recordings, CD-ROMs, other magnetic media, and undeveloped pictures.

Media Store. A general term, identifying a category of business that may include sexually oriented material but that is not subject to the special provisions applicable to adult media shops. In that context, media store means a retail outlet offering media for sale or rent, for consumption off the premises provided that any outlet meeting the definition of adult media store must be treated as an adult media outlet. See special conditions in 4.3 Adult Businesses for media stores in which adult media constitutes more than 10% but less than 40% of the stock in trade or occupies more than 10% but less than 40% of the gross floor area or gross shelf space.

Median Nose. The tip of a median at its terminus of traffic opening.

Medical Office. See Clinic.

Mineral Extraction. Establishments primarily engaged in the process of removing or extracting minerals and building stone from naturally occurring veins, deposits, bodies, beds, seams, fields, pools, or other concentrations in the earth’s crust. This term also includes the preliminary treatment of such ore or building stone.

Mobile Home. A movable or portable unit, 8 feet or more wide and is 32 feet or more in length and constructed to be towed on its own chassis (comprised of frame and wheels) from the place of construction to the location or subsequent locations and designed to be used without a permanent foundation and connected to utilities for year round occupancy with or without a permanent foundation. The term includes:

• units containing parts that can be folded, collapsed, or telescoped when being towed and that may be expanded to provide additional cubic capacity;
• units composed of two or more separately towable components designed to be joined into one integral unit capable of being separated again into the components for repeated towing; and
• units designed to be used for residential, commercial, educational, or industrial purposes, excluding recreational vehicles.

Mobile Home Park. A parcel or tract of land developed with facilities for locating three or more mobile homes, provided each mobile home contains a kitchen, flush toilet, shower or bath and the mobile home park is only used by non-transient dwellers remaining continuously for more than one year, whether a charge is made. A mobile home park excludes a sales lot in which motor vehicles or unoccupied trailers are parked for the purpose of inspection or sale.

Motel. An establishment consisting of a group of attached or detached living or sleeping accommodations for transient guests with bathrooms and closet space, located on a single lot and where access to the sleeping accommodations is directly from the outside. A motel furnishes customary hotel services such as maid service and laundering of linen, telephone and secretarial or desk service, and the use and upkeep of furniture.

Motor Home, Mini Motor Home or Van Camper. A self-contained motor vehicle, not used commercially, designed, or permanently converted to provide living quarters for recreational, camping or travel use, with direct walk-through access to the living quarters from the driver's seat.

Motor Vehicle. Any passenger vehicle, truck, tractor, tractor-trailer, trailer, or semi-trailer propelled or drawn by mechanical power.

Motor Vehicle Sales. An establishment primarily engaged in the sale of motorized vehicles, including the sale of automobiles, trucks, recreation vehicles, snowmobiles, boats, and motorcycles.

Municipal and Government Buildings. A building or facility utilized in the operation of local government. Municipal buildings and facilities include office space for the operation of administrative functions, police, fire, public works, emergency services, disaster relief, municipal parking lots, garages, and storage facilities, wastewater treatment facilities, municipal wells and enclosures and lift stations.

Museum. An institution devoted to the procurement, care, study, and display of objects of lasting interest or value.

Nn

Nonconforming Building or Structure. All or portion of a building or structure lawfully existing at the time of adoption of this Ordinance, as amended that:

1. was designed, erected, or structurally altered for a use that does not conform to the use regulations of the district in which it is located; and
2. does not comply with the bulk and other requirements of this Ordinance in the zoning district in which the building or structure is located.

Nonconforming Use. A use that lawfully occupies a building or land at the time of adoption of this Ordinance, as amended, and that does not conform with the use regulations of the district in which it is located.

Nude Model Studio. Any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration (See Section 4.3(G) for exemptions).

Nudity or a State of Nudity. The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast.

Nursing Home. Any institution, whether operated for profit or not, that seeks to provide for a period exceeding 24 hours, nursing care, personal care, or custodial care for three or more persons not related to the owner or manager by blood or marriage, who by reason of illness, physical infirmity, or advanced age require such services, but, in contradistinction to a hospital, does not include any place providing care or treatment primarily for the acutely ill.

Oo

Office. A use or structure where business or professional activities are conducted and/or business or professional services are made available to the public, including tax preparation, accounting, architecture, legal services, medical clinics and laboratories, dental laboratories, psychological counseling, real estate and securities brokering, and professional consulting services, but not including drive-through service windows, the cutting and styling or hair, or recreational facilities or amusements.

Open Space. The portion of a lot that is not occupied by any principal building or accessory building (unless said buildings are used solely for recreational use). The area should be unobstructed to the sky, except for foliage. Natural bodies of water as well as any area within officially designated floodplains may have up to 50% of their normal pool acreage counted as open space, provided the land around the water can be used as a passive recreation area. Water areas constructed for the purpose of detention or retention are not be considered toward required open space amounts.

Outdoor Arts, Recreation and Entertainment. A public or private facility that provides outdoor entertainment including waterslides, water parks, go-cart tracks, miniature golf, batting cages and mechanical rides and games.

Outdoor Lighting. Illumination including to floodlighting, security lighting, or parking lot lighting.

Outdoor Storage. The permanent placement or deposit of any equipment, furniture, machine, material, merchandise, or supplies in an outside location or outside an enclosed structure, except objects that are customarily placed outside and clearly incidental and commonly associated with the permitted primary use. Outdoor storage is more intensive than outdoor retail display and sales use, with such outdoor storage typically remaining outdoors overnight. Vehicles for sale, lease, or rent as part of a permitted primary use (including boats and manufactured housing) are not considered outdoor storage for purposes of this Ordinance.

Overlay District. A district established by ordinance to prescribe special regulations to be applied to a site in combination with the underlying or base district.

Owner. An individual firm, association, syndicate, partnership, or corporation having enough proprietary interest to seek development of land.

Pp

Parapet. That portion of a wall extending above the roofline.

Parcel. A track or plot of contiguous land held in one ownership.

Park. An open space with natural vegetation and landscaping that may include recreational facilities.

Parking Lots and Garages. An off-street, surfaced, ground level open area or a structure of two or more stories used for the temporary parking or storage of more than 4 motor vehicles.

Parking Space, Automobile. Space within a public or a private parking area for the storage of one passenger automobile or commercial vehicle under one and one-half tons capacity.

Party Wall. A solid common wall that extends from its footing below grade to the underside of floor/roof and divides buildings.

Pawn Shop. An establishment primarily engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker, and the sale of the property.

Person. Any person, firm, or corporation, public or private, the State of Indiana and its agencies or political subdivisions, and the United States of America, its agencies and instrumentality, and any agent, servant, officer, employee of any of the above.

Pervious. Open to passage or entrance; letting water through.

Places of Worship. A church, synagogue, temple, meeting house, mosque, or other place of religious worship, including any accessory use of the structure, such as a school, childcare center or dwelling.

Planned Unit Development. A development occurring on a parcel under single ownership or unified control that is developed as a unit and is mapped as a zoning district in and of itself. A planned unit development includes two or more principal buildings or uses and is processed under CHAPTER 8 of this Ordinance.

Planned Unit Development Plan. A drawing or map made to a measuring scale upon which is presented a description and definition of the way in which the design requirements of the planned unit development are to be met and intended for recording with the County Recorder Office.

Plant Nursery. An agricultural use in which plants are grown, cultivated, produced, or managed for the on-site or off-site sale of such plants or their products, or for their use in any other business, research, or commerce. Other customarily incidental products may be sold with the plants. Examples of plant nursery uses include: wholesale or retail plant nurseries with greenhouses or garden stores; retail nurseries where plant inventory and related plant products are sold, but which may not be grown or produced on-site; tree farms; vineyards and orchards; flower farms; field nurseries; and sod farms. Plant nursery uses do not include forestry or logging uses, or the keeping of animals or livestock except where expressly permitted as an accessory use.

Playground. A publicly owned area for recreational use primarily by children.

Porch. A roofed-over structure projecting from the wall of a main structure and commonly open to the weather.

Portable Signs. Signs including "A" or "T" frame and signs on trailer frames, whether the trailer wheels or typeface have been removed.

Professional Services. Work done for others, predominately on the premises of an office, by someone trained and engaged in such work for a career; e.g., doctors, lawyers, accountants.

Property Line. A line at the edge or boundary of lot or a lot of record.

Public Safety and Nuisance. Anything that is injurious to the safety or health of an entire community, neighborhood or any considerable number of persons, or unlawfully obstructs the free passage or use of any navigable lake, river, bay, stream, canal, or basin.

Public Utility. Any person, firm, or corporation duly authorized to furnish to the public, cable television, electricity, gas, steam, telephone, transportation, water, or sewerage systems.

Public Utilities. All or part of building used for providing, monitoring, and housing utilities for public consumption or use including operations providing water, sewer, gas, public works facilities, and other uses similar in nature and impact.

Public Way. Any sidewalk, street, alley, highway, or other public thoroughfare.

Qq

Rr

Rail Distribution Yards. A facility for the operation of a line-haul or short-line freight railroad.

Railroad Right-of-Way. A strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops or car yards.

Recreational Vehicle or Trailer. A vehicular, portable unit designed for travel, camping or recreational use, including:

• Travel Trailer: A vehicular, portable dwelling unit built on a chassis, being of any length, provided its gross weight does not exceed 4,500 pounds, or being of any weight provided its overall length does not exceed 28 feet.
• Pick-up Camper: A portable dwelling unit designed to be mounted on a pick-up truck or chassis, whether so mounted.
• Motorized Camper: A portable dwelling designated and constructed as an integral part of a self-propelled vehicle.
• Tent Trailer: A folding structure, constructed of canvas, plastic or similar water repellant material, designed to be mounted on wheels to be used as a temporary dwelling.
• Boat Trailer: A vehicle without motive power, designed to be drawn by a motor vehicle and designed for the hauling or storage of a boat, aircraft, snowmobile, jet ski or any other recreational vehicle.

Recycling Drop-off Facilities. A facility for the drop-off and temporary holding of materials such as paper, cardboard, glass, metal, plastic, batteries, and motor oil. Processing of materials is limited to glass breaking and separation.

Religious Institution. A church or place of worship or religious assembly with related facilities such as: rectory or convent, private school, meeting hall, offices for administration of the institution, licensed child or adult daycare, playground, athletic fields, cemetery.

Refining or Manufacturing of Asphalt, Cement, Gypsum, Lime, or Wood Preservatives. Establishments primarily engaged in manufacturing asphalt and tar paving mixtures or various compositions of asphalt or tar with other materials; manufacturing plaster, plasterboard, and other products composed wholly or chiefly of gypsum; manufacturing quicklime, hydrated lime, and "dead-burned" dolomite from limestone, dolomite shells, or other substances; or treating wood, sawed or planed in other establishments, with creosote or other preservatives to prevent decay and to protect against fire and insects.

Research & Development Industries. A building, property, or structure containing facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the building, property or structure.

Residential Facility for Mentally Ill. A residential facility established under a program authorized by IC 12-22-1-1, that provides residential services for no more than 8 mentally ill individuals.

Restaurant. An establishment whose principal business is the sale of edible, prepared food stuffs and/or beverages for consumption on or off the premises. Restaurants are further defined by class as follows:

1. Class A Restaurants: Restaurants whose design or principal method of operation includes any two of the following characteristics:
   1. Customers are provided with an individual menu, are served their food or beverages by wait staff, in non-disposable containers, at the same table items are consumed.
   2. Cafeteria-type operations where foods or beverages are generally consumed within the restaurant building.
   3. Carryout service is not the predominant type of service available.
2. Class B Restaurants: Restaurants not falling within the classification of Class A and having characteristics of offering food service over a counter or through a drive-through facility, having a limited menu of items already prepared and held for service, or prepared, fried, or grilled quickly, or heated in a microwave oven.

Retail Sales, Service & Repair. A commercial enterprise that provides goods and/or services directly to the consumer, where the goods are available for immediate purchase and removal from the premises.

Retail Sales, Service & Repair, Outdoor. The display and sale of products and services outside of a building or structure, including vehicles, garden supplies, gas, motor oil, food and beverages, boats and aircraft, farm equipment, motor homes, burial monuments, building and landscape materials, and similar materials or items.

Retail Sales, Service & Repair, Special Handling. Retail businesses that primarily sell products that require special handling due to risks to public safety. Example businesses include massage parlors, tattoo shops, vapor smoke shops, gun sales, and hunting stores.

Roadside Produce Stand. A structure for the display and sale of agricultural products grown on the site, with no space for customers within the structure itself.

Ronald Reagan Corridor. A 16-mile limited access highway and economic development area running north and south through Hendricks County, Indiana, beginning at I-70, connecting the Towns of Avon, Plainfield, and Brownsburg to the Boone County Line. The corridor incorporates adjacent properties radiating out approximately 1,000 feet on either side of the proposed parkway centerline.

Ronald Reagan Parkway. A 16-mile roadway alignment running north and south through Hendricks County, Indiana, beginning at I-70 connecting the Towns of Avon, Plainfield, and Brownsburg to the Boone County Line.

Roof. The cover of any building, including the eaves and similar projections.

Ss

Sale Barn for Livestock. Establishments where the public may consign livestock for sale by auction open to public bidding or sold on a commission basis. It does not include breed or livestock associations operating subject to and in compliance with the provisions of the Future Farmer and 4-H groups, auction sales conducted in conjunction with county, state or private fairs, or auction sales conducted for a person whose livestock are sold on premises of the person.

Salvage or Junk Yards. A place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, house wrecking and structural steel materials and equipment, but excluding the purchase or storage of used furniture and household equipment, used cars in operable condition, used or salvaged materials as part of manufacturing operations.

Sand and Gravel Extraction or Sales. Establishments primarily engaged in the extraction of sand and gravel from an open pit to be processed and sold for commercial purposes.

Schools, Public and Private. An institution for the teaching of children or adults including primary and secondary schools, colleges, and similar facilities; also, physical improvements and structures related to the activity of teaching, as well as associated accessory uses and structures, including maintenance areas, parking athletic fields, outdoor study areas, etc.

Schools, Vocational. A school established to provide for the teaching of industrial, clerical, managerial, or artistic skills. This definition applies to private entities that do not offer a complete educational curriculum (e.g. professional schools, dance schools, business schools, trade schools, art schools, etc.)

Secondary Gateways. Entries to public and private establishments and/or developments.

Self-Storage Facility. All or part of a building used for the storage of personal goods and/or materials.

Semi-nude. A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of' the body covered by supporting straps or devices.

Sex Shops. An establishment offering goods for sale or rent and that meets any of the following tests.

1. The establishment offers for sale items from any two of the following categories: (a) adult media, (b) lingerie, or (c) leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; and the combination of such items constitutes more than 10% of its stock in trade or occupies more than 10% of its floor area.
2. More than 5% of its stock in trade consists of sexually oriented toys or novelties.
3. More than 5% of its gross public floor area is devoted to the display of sexually oriented toys or novelties.

Sexual Encounter Center. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

1. physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
2. activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.

Sexually Oriented Business. An inclusive term used to describe collectively adult retail facilities and adult entertainment facilities.

Sexually Oriented Toys or Novelties. Instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts or designed or marketed primarily for use to stimulate human genital organs.

Shopping Center. A group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements.

Short-Term Rental. The rental or subletting of any dwelling or portion of a dwelling for a term of less than 30 days at a time. Short-Term Rental does not include the use of campgrounds, hotel rooms, transitional housing operated by a non-profit entity, group homes (such as nursing homes and adult foster care homes), hospitals, or housing provided by a substance abuse rehabilitation clinic, mental health facility, or other health care related clinic. The term does not include property used for any nonresidential use.

Sign, Changeable Copy. A sign with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight times per day is considered an animated sign and not a changeable copy sign for the purposes of this ordinance.

Sign. A name, identification, description, display, or illustration that is affixed to or painted or represented directly or indirectly upon a building, structure, or piece of land and which that directs attention to an object, project, place, activity, person, institution, organization, or business. Objects such as flags, banners, plaques, bulletin boards, historical markers and remembrances are not signs.

Sign, Animated. Any sign that uses movement or change of lighting to depict action or create a special effect or scene.

Sign, Electronic Message Board. Any sign that uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.

Sign, Ground. A sign that is completely self-supporting, has its sign face or base on the ground and has no air space, columns or supports visible between the ground and the bottom of the sign.

Sign, Identification. A sign indicating the name and address of a building, or the name of an occupant thereof, and the practice of a permitted occupation therein.

Sign, Integrated Center. A sign indicating the name and location of a commercial or industrial business or shopping center.

Sign, Nonconforming. Any sign that was lawfully erected in compliance with applicable regulations of the Town of Avon and maintained prior to the effective date of this Ordinance, and which fails to conform to all applicable standards and restrictions of this Ordinance.

Sign, Off-Premise Advertising (Billboard). A sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at locations other than the premises where the sign is located.

Sign, Pole. A sign erected and maintained on a freestanding pole or other support so that the bottom edge of the sign face is six feet or more above finished grade.

Sign, Political. A sign that advertises a candidate or issue to be voted upon on an election day.

Sign, Portable. Any sign designed to be transported or movable, including:

• Signs with wheels or with wheels removed;
• Signs with chassis or support constructed without wheels;
• Signs designed to be transported by trailer, wheels, or boat;
• Signs converted to or constructed as an A- or T-frame sign;
• Signs painted, mounted or affixed on a motor vehicle or boat for advertising purposes, parked on or off public right-of-way or shore, and visible from the public right-of-way or shore, except signs identifying the related business when the motor vehicle or boat is being used in the normal day-to-day operations of that business.

Sign, Projecting. A sign that is suspended from or affixed to any building wall or other structure and extends beyond the building wall or structure more than 18 inches.

Sign, Pylon. A freestanding sign that has a vertical dimension greater than its horizontal dimension and which has a sign face within proximity of the ground but separated from ground level by two or more supports such as poles or columns.

Sign, Public Service. A sign or device displaying only the time, temperature, stock market quotations or civic messages.

Sign, Roof. A sign that is mounted or painted on the roof of a building, or that is wholly dependent upon a building for support and that projects above the roof.

Sign, Sponsorship. Advertising signs employed by civic, fraternal, religious, charitable, or similar organizations which identify a sponsor of recreational facilities or special events provided on the premises where such signs are displayed.

Sign Structure or Support. Any structure that supports or can support a sign, including decorative cover.

Sign, Wall. A sign affixed, painted, posted, or placed on a building or structure.

Slaughterhouse. A facility for the slaughtering and processing of animals and the refining of their byproducts.

Small Cell Facility. A personal wireless service facility (defined by the Federal Telecommunications Act of 1996, as amended) or a wireless facility satisfying the following requirements: (a) each antenna, including exposed elements, has a volume of 6 cubic feet or less; and (b) the primary equipment enclosure located with the facility has a volume of 28 cubic feet or less. The volume of the primary equipment enclosure excludes: electric meters, concealment equipment, telecommunications demarcation boxes, ground based enclosures, backup power systems, grounding equipment, power transfer switches, and cutoff switches.

Small Cell Network. A collection of interrelated Small Cell Facilities designed to deliver wireless service.

Solid Waste Facility. An establishment in which municipal solid waste is collected, separated by material, compacted, baled, or packaged for shipment to others for the manufacture of new products or for disposal. No manufacturing, remanufacturing, fabrication, or processing of new products occurs in this facility. This use may include a waste transfer station.

Sorority. See Student Housing.

Special Use. A specific use of land or buildings or both subject to special provisions because of its unique characteristics.

Specified Anatomical Areas. The male genitals in a state of sexual arousal and or the vulva and more intimate parts of the female genitals.

Specified Sexual Activities. Includes any of the following:

1. the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
2. sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
3. masturbation, actual or simulated; or
4. excretory functions as part of or in connection with any of the activities set above activities.

Sports and/or Entertainment Arena or Stadium. A large structure with tiers of seats for spectators at sporting or other recreational events.

Spotlight. A bulb which projects light in a specific direction within a narrow-angled beam, typically 45º or less.

Stable. An accessory building having stalls or compartments where animals, excluding dogs or cats, are sheltered and fed.

Start of Construction. The actual start means the first placement or permanent construction of a structure on a site, such as the pouring of slabs or footing, installation of piles, construction of columns, or any work beyond the stage of excavation for placement of a manufactured home on a foundation. Permanent construction does not include land preparation (such as clearing, grading and filling); installation of streets and/or walkways; excavation for a basement, footings, piers, foundations, or the erection of temporary forms; the installation on the property of accessory buildings. For substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether that alteration affects the external dimensions of the building.

Storage, Outdoor. The outdoor accumulation of vehicles, equipment, or products or materials for permanent or temporary holding.

Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height is considered as an additional story for each 14 feet or fraction thereof.

Story, Above Grade. Any story having its finished floor surface entirely above the surrounding grade, except that a basement is considered as a story above grade when the distance from the surrounding grade to the finished surface of the floor above the basement is more than 5 feet for more than 50% of the total perimeter or more than 10 feet for more than 25% of the total perimeter.

Story, Below Grade. Any story that is not a story above grade, as defined in this Ordinance.

Story, Half. That portion of a building under a gable, hip, or mansard roof, the wall plates of which, on at least two opposite exterior walls, are not more than 4 1/2 feet above the finished floor of such story. In the case of one-family dwellings, two-family dwellings, and multiple-family dwellings, less than three stories in height, a half-story in a sloping roof is not counted as a story for the purposes of this Ordinance. In the case of multiple-family dwellings 3 or more stories in height, a half-story is counted as a story.

Street, Minor Arterial. Roadways that offer lower travel mobility than principal arterials and that accommodate trips of moderate length.

Street, Collector. Roadways that provide land access and traffic circulation within residential neighborhoods, commercial and industrial areas.

Street, Local. Roadways that provide direct access to abutting lands and connect to collectors and arterials.

Street, Arterial. The highest volume roadways, the purpose of which is to connect major activity centers. For principal arterials, access to abutting land is subordinate to the mobility needs of through traffic.

Street, Private. Any street other than a public street.

Street, Public. All property dedicated or intended for public highway, freeway, or roadway purposes or subject to public easements.

Street Frontage. All of the property fronting on one side of a street between two intersecting streets, or in the cases of a dead-end street, all the property along one side of a street between an intersecting street and the end of the dead-end streets.

Structural Alterations. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders.

Structure. Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground. Structures include buildings, manufactured homes, mobile homes, walls, and billboards, as well as recreational vehicles installed on a site for more than 180 days.

Student Housing. A building containing living quarters for students, staff, or members of an accredited college, university, boarding school, theological school, hospital, religious order, or comparable organization; provided that the building is owned or managed by the organization and contains no more than one cooking and eating area.

Subdivision. The division of any parcel of land into two or more parcels or lots or the combination of two or more smaller parcels or lots into one lot for the purpose of transfer of ownership or development.

Subdivision, Administrative. A subdivision adjusting property lines when no new lots are created or when parcels are merged into fewer buildable lots.

Subdivision, Major. Any subdivision other than an administrative subdivision or minor subdivision.

Subdivision, Minor. A subdivision resulting in 4 or fewer lots that does not involve: the creation of new interior streets, adjustments to applicable design standards, or the creation or common areas.

Swimming Pool. Any structure, basin, chamber or tank containing an artificial body of water for swimming and wading, that uses or needs external buttresses, or that is dug into the ground and having a depth of 2 feet or more at any point.

Swimming Pool Private. Any swimming pool, located on private property, the use of which is intended for the owner and guests.

Swimming Pool Public. Any swimming pool for the purpose of public swimming, including pools for community use, pools at apartments having five or more living units, clubs, camps, school, institutions, park and recreation areas, motels, hotels and other commercial establishments.

Tt

Tavern. An establishment whose principal business is the sale and service of alcoholic beverages at retail for consumption on the premises. Food and snacks may also be made available for consumption on the premises.

Telecommunications Facilities. The plant, equipment and property, including cables, wires, conduits, ducts, pedestals, antennas, towers, electronics and other appurtenances used to transmit, receive, distribute, provide or offer telecommunications services.

Telecommunications Towers. Any structure designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, and other similar structures. This term also includes any antenna or antenna array attached to the tower structure.

Tenant Operator. The person hired to operate a farm, normally not the owner of the farm.

Thoroughfare Plan. The Town of Avon Thoroughfare Plan, as amended.

Trailer. A vehicle without motive power used or adaptable for living, sleeping, business, or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirting, and has been recently or may be equipped with wheels or other devices for transporting the structure from place to place. A permanent foundation does not change its character unless the entire structure is erected in accordance with the Town Building Code.

Transportation Services. Passenger services provided by public, private, or non-profit entities using modes such as express buses, minibuses, or vans.

Trellis. A latticed structure designed specifically for the purpose of supporting leafy vines.

Truck Freight Terminal/Distribution Center. Any premises used by a motor freight company as a carrier of goods, that is the origin or destination point of goods being transported, for the purpose of storing, transferring, loading, and unloading goods, but excluding loading and unloading of freight accessory to an otherwise permitted use on the site.

Uu

Unified Control. The combination of two or more tracts of land where each owner has agreed their tract of land will be developed as part of a planned development and will be subject to the control applicable to the planned development.

Upper Story Residential. In a vertically mixed-use building, residential uses occurring above the first floor of the building.

Use. The purpose or activity for which land or a building is designed, arranged or intended, or for which it is occupied or maintained.

Use, Lawful. The use of any structure or land that conforms with all of the regulations of this Ordinance as amended and that conforms with all of the codes, ordinances, and other legal requirements, as existing at the time of the enactment of this Ordinance as amended, for the structure or land that is being examined.

Use, Principal. The primary use of land or buildings as distinguished from a subordinate or accessory use.

Use, Secondary Principal. A use, subordinate to the primary use, that is established on a lot or structure subsequent to or at the same time as the primary use, but which is not accessory to the primary use.

Use, Temporary. A use that is established for a fixed period with the intent to discontinue the use upon the expiration of the time period.

Utility, Major Impact. A utility use that due to its nature or large scale could have an adverse impact on surrounding properties. Examples include sanitary sewer treatment plants and solid waste facilities.

Utility, Minor Impact. A utility use that due to its nature or small scale is unlikely to have an adverse impact on surrounding properties. Examples include telephone switching stations and completely enclosed utilities.

Vv

Variance. A grant of relief from the requirements of this Ordinance, that permits construction in a manner otherwise prohibited by this Ordinance where specific enforcement would result in practical difficulties.

Vehicle Sales. An establishment primarily engaged in the sale of motorized vehicles, including the sale of automobiles, trucks, recreation vehicles, snowmobiles, boats, and motorcycles. “Motor Vehicle Sales” include accessory body and service repair areas.

Vehicle Storage, Commercial. Establishments primarily engaged in the assembling or standing of operable vehicles for periods of more than one day. Such use does not include the storage of damaged, dismantled, or impounded vehicles. This land use need not be enclosed.

Vertical Foot-Candles. The amount of light striking a vertical plane or surface.

Video Viewing Booths. See Adult Arcade.

Violation. The failure of a structure or other development to be fully compliant with this Ordinance. A structure or other development without the elevation, other certification, or other evidence of compliance required in this Ordinance is presumed to be in violation until that documentation is provided.

Ww

Warehouse. A building used for the storage of goods and/or materials. This term includes industrial storage facilities, and other uses similar in nature and impact.

Wetlands. Areas defined by the Army Corps of Engineers.

Wholesale Trade or Storage, General. Establishments primarily engaged in one or more of the following activities: Selling durable and nondurable goods to retailers; to industrial, commercial, institutional, farm, or building trade contractors; to professional businesses; or to other wholesalers. Activities may include physically assembling, sorting, and grading goods into large lots and breaking bulk for redistribution in smaller lots; the sale at wholesale and/or storage or warehousing of toxic and/or hazardous materials; providing support services primarily to other businesses (rather than to individuals), including: advertising; employment services; equipment rental and leasing; property management, security and maintenance, including custodial services; printing and reproduction services; publishing and bookbinding; air courier pickup and delivery “drop-off points”; personnel services; computer programming, data processing and other computer-related services; mailing, addressing, stenographic services; and special business services such as travel bureaus, news service, importer, interpreter, appraiser, film library, business to business brokers or agents that arrange for the purchase or sale of goods for others, and which services do not include the warehousing of goods, are classified as “office” uses. Operations with more than 25 percent of sales to retail customers are categorized as “retail sales” rather than as “wholesale trade” uses. This use excludes self-storage facilities.

Wholesale Trade or Storage, Light. Establishments primarily engaged in selling durable and nondurable goods to retailers; to industrial, commercial, institutional, farm, building trade contractors; to professional business uses; or to other wholesalers. Activities may include physically assembling, sorting, and grading goods into large lots and breaking bulk for redistribution in smaller lots in such a way as to have a minimal impact on surrounding properties, excluding the sale at wholesale and/or storage or warehousing of toxic and/or hazardous materials.

Wireless Communication Service Facility. An unmanned facility consisting of antennae, equipment, and equipment storage shelter used for the reception, switching, and/or transmission of wireless telecommunications including paging, enhanced specialized mobile radio, personal communication services, cellular telephone, and similar technologies. A wireless communication service facility may be either be freestanding, guy anchored, roof mounted, or building mounted.

Xx

Yy

Yard. An open space on the same lot with a principal building or group of buildings that is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this Ordinance, and extending along a lot line at right angles to a depth or width specified in the yard regulations for the district in which the lot is located.

Yard, Front. A yard extending across the full width of the lot in accordance with the yard provisions of this Ordinance.

Yard, Rear. A yard extending across the full width of the rear of the lot between the side yards.

Yard, Required. The area of a yard located between the property line and the building setback line.

Yard, Side. A yard extending along a side lot line from the front yard to the rear yard.

Zz

Zoning Map. The map or maps incorporated into this Ordinance designating zoning districts.