The following words, terms and phrases, when used in this appendix, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building or use: An accessory building is a building located on the same lot as the principal building. An accessory use is a use customarily incidental and subordinate to the principal use of the property. By way of illustration, an accessory use may include, but is not limited to, the following:

(1)

A children's playhouse, garden house, and private greenhouse;

(2)

A civil defense shelter, serving not more than two (2) families;

(3)

A garage, shed or building for domestic storage;

(4)

Incinerators incidental to residential use;

(5)

Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by district zoning regulations;

(6)

A nonpaying guesthouse or rooms for guests within an "accessory building" located at a residence, provided such facilities are used for the occasional housing of guests or occupants of the principal building, provided such facilities meet building code requirements for human occupancy, and not for permanent occupancy by others as housekeeping units;

(7)

Off-street motor vehicle parking areas and loading and unloading facilities.

Adult day care: A facility which offers social, recreational and health-related services to individuals in a protective setting who cannot be left alone during the day because of health care and social need, confusion or disability.

Agriculture: The use of land for agricultural purposes. This includes necessary buildings and structures which should be used for agriculture, including, but not limited to, farming, dairying, pasturage agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry; and the necessary accessory uses for parking, treating or storing the produce; provided, however, that the operation of any such accessory uses should be secondary to that of the normal agriculture activities. Buildings occupied as residences shall not be considered to be used for agricultural purposes.

Antenna: Equipment designed to transmit or receive electronic signal.

Base flood: The flood having a one (1) percent chance of being equaled or exceeded in any given year. Also known as the 100-year flood.

Boarding house: A residential use consisting of at least one (1) dwelling unit together with more than two (2) rooms that are rented or are designed or intended to be rented but which rooms, individually or collectively, do not constitute separate dwelling units. A rooming house or boarding house is distinguished from a tourist home in that the former is designed to be occupied by longer-term residents (at least month-to-month tenants) as opposed to overnight or weekly guests.

Building: A structure designed to be used as a place of occupancy, storage or shelter.

Building, accessory: A minor building that is located on the same lot as a principal building and that is used incidentally to a principal building or that houses an accessory use.

Building, principal: The primary building on a lot or a building that houses a principal use.

Certify: Whenever this appendix requires that some agency certify the existence of some fact or circumstance to the city, the city may require that such certification be made in any manner that provides reasonable assurance of the accuracy of the certification. By way of illustration, and without limiting the foregoing, the city may accept certification by telephone from some agency when the circumstances warrant it, or the city may require that the certification be in the form of a letter or other document.

Child care facility: A place which provides shelter or personal care for six (6) or more children who are not related within the third degree computed according to civil law to the operator and who are under six (6) years of age for four (4) or more hours of any part of the twenty-four-hour day. There shall be two (2) classifications of child care facilities being: a) family day care houses; and b) day care centers, defined as follows:

(1)

Family day care home: An occupied residence in which day care is regularly provided for no less than six (6) children, nor more than fifteen (15) children who are not related within the third degree computed according to the civil law to the operator and who are under the age of six (6) for four (4) or more hours of any part of the twenty-four-hour day.

(2)

Day care center: Any facility which regularly receives six (6) or more children for day care who are not related within the third degree computed according to the civil law to the operator and who are under the age of six (6) for four (4) or more hours of any part of the twenty-four-hour day. An occupied residence which cares for sixteen (16) or more children shall be a day care center.

(3)

Child care home: A home for not more than nine (9) orphaned, abandoned, dependent, abused, or neglected children, together with not more than two (2) adults who supervise such children, all of whom live together as a single housekeeping unit.

(4)

Child care institution: An institutional facility housing more than nine (9) orphaned, abandoned, dependent, abused, or neglected children.

Circulation area: That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area.

City: The City of Batesville.

Combination use: A use consisting of a combination on one (1) lot, two (2) or more principal uses separately listed in the "Table of Permissible Uses". (Under some circumstances, a second principal use may be regarded as accessory to the first, and thus a combination use is not established. In addition, when two (2) or more separately owned or separately operated enterprises occupy the same lot, and all such enterprises fall within the same principal use classification, this shall not constitute a combination use.)

Conditional use permit: A permit issued by the city that authorizes the recipient to make use of property in accordance with the requirements of this appendix as well as any additional requirements imposed by the city.

Convenience store: A one-story, retail store containing less than two thousand (2,000) square feet of gross floor area that is designed and stocked to sell primarily food, beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a supermarket). It is designed to attract and depends upon a large volume of stop and go traffic.

Dimensional nonconformity: A nonconforming situation that occurs when the height, size, or minimum floor space of a structure, or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.

Driveway: That portion of the vehicle accommodation area that consists of a travel lane bounded on either side by an area that is not part of the vehicle accommodation area.

Duplex: See Residence, duplex.

Dwelling unit: An enclosure containing sleeping, kitchen and bathroom facilities designed for and used, or held ready for use, as a permanent residence by one (1) family.

Expenditure: A sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding contractual commitments to make future expenditures, as well as any other substantial changes in position.

Family: One (1) or more persons living together as a single housekeeping unit.

Floodplain: Any land area susceptible to be inundated by water from the base flood. As used in this appendix the term refers to that area designated as subject to flooding from the base flood (100-year flood) on the "Flood Boundary and Floodway Map" prepared by the U.S. Department of Housing and Urban Development, a copy of which is on file in the planning department.

Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. As used in this appendix, the term refers to that area designated as a floodway on the "Flood Boundary and Floodway Map", prepared by the U.S. Department of Housing and Urban Development, a copy of which is on file in the planning department.

Gross floor area: The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.

Habitable floor: Any floor usable for living purposes, which includes working, sleeping, eating, cooking, recreation, or any combination thereof. A floor used only for storage is not a habitable floor.

Halfway house: A home for not more than nine (9) persons who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, antisocial or criminal conduct, together with not more than two (2) persons providing supervision and other services to such persons, eleven (11) of whom live together as a single housekeeping unit.

Handicapped or infirm home: A residence within a single dwelling unit for at least six (6) but not more than nine (9) persons who are physically or mentally handicapped or infirm, together with not more than two (2) persons providing care or assistance to such persons, all living together as a single housekeeping unit. Persons residing in such homes, including the aged and disabled, principally need residential care rather than medical treatment.

Handicapped or infirm institution: An institutional facility housing and providing care or assistance for more than nine (9) persons who are physically or mentally handicapped or infirm. Persons residing in such homes, including the aged or disabled, principally need residential care rather than medical treatment.

Home occupation: A commercial activity in a residential district that: (i) is conducted by a person on the same lot where such person resides, and (ii) is not an accessory use; (iii) can be conducted without any significantly adverse impact on the surrounding neighborhood. Without limiting the generality of the foregoing, a use shall be regarded as having a significant adverse impact on the surrounding neighborhood if:

(1)

Goods, stock in trade or other commodities are displayed;

(2)

Any on-premises retail sales occur;

(3)

More than one person not a resident on the premises is employed in connection with the purported home occupation;

(4)

Heavy equipment or chemicals are stored on site for use off site or in conjunction with a business;

(5)

It created objectionable noise, fumes, odor, dust or electrical interference, or

(6)

More than twenty-five (25) percent of the total gross floor area of residential buildings plus other buildings housing the purported home occupation, or more than five hundred (500) square feet of gross floor area (whichever is less), is used for home occupation purposes.

(7)

The following is a non-exhaustive list of examples of enterprises that may be home occupations if they meet the foregoing criteria and requirements:

a.

The office or studio of a physician;

b.

Dentist;

c.

Artist;

d.

Musician;

e.

Lawyer;

f.

Architect;

g.

Engineer;

h.

Teacher or similar professional;

i.

Workshops, greenhouses or kilns; or

j.

Dressmaking or hairdressing studios.

Intermediate care home: A facility maintained for the purpose of providing accommodations for not more than seven (7) occupants needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm.

Intermediate care institution: An institutional facility maintained for the purpose of providing accommodations for more than seven (7) persons needing medical care and supervision at a lower level than that provided in a nursing care institution but at a higher level than that provided in institutions for the handicapped or infirm.

Kennel: A commercial operation that: (i) provides food, shelter, and care of animals for purposes not primarily related to medical care (a kennel may or may not be run by or associated with a veterinarian); or (ii) engages in the breeding of animals for sale.

Licensed motor vehicle dealer: Someone who engages in the retail sale and/or rental of motor vehicles and holds a valid and current state license and city privilege license to do so.

Lot: A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or a recorded map and which is recognized as a separate legal entity for purposes of transfer of title. If a public body or any authority with the power of eminent domain condemns, purchases, or otherwise obtains fee simple title to, or a lesser interest in, a strip of land cutting across a parcel of land otherwise characterized as a lot by this definition or a private road is created across a parcel of land otherwise characterized as a lot by this definition, and the interest thus obtained, or the road so created, is such as effectively to prevent the use of this parcel as one lot, then the land on either side of this strip shall constitute a separate lot.

Lot area: The total area circumscribed by the boundaries of a lot, except that: (1) when the legal instrument creating a lot shows the boundary of the lot extending into a public street right-of-way, then the lot boundary for purposes of computing the lot area shall be the street right-of-way line, or if the right-of-way line cannot be determined, a line running parallel to. and thirty (30) feet from, the center of the traveled portion of the street; and (ii) in a residential district, when a private road that serves more than three (3) dwelling units is located along any lot boundary, then the lot boundary for purposes of computing the lot area shall be the inside boundary of the traveled portion of that road.

Low volume traffic generation: Uses such as furniture stores, carpet stores, major appliance stores, etc., that sell items that are large and bulky, that need a relatively large amount of storage or display area for each unit offered for sale, and that therefore generate less customer traffic per square foot of floor space than stores selling smaller items.

Manufactured home: A structure defined by, and constructed in accordance with, the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 USCS 5401 et seq.), and manufactured after June 14, 1976.

Mayor and board of aldermen permit (MBAP): A permit issued by the mayor and board of aldermen that authorizes the recipient to make use of property located in the downtown business district in accordance with the requirements of [the ordinance from which this definition is derived] as well as any additional requirements imposed by the mayor and board of aldermen. No public hearing is required before this permit may be issued.

Mobile home: Means a structure manufactured before June 15, 1976, that is not constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 USCS 5401 et seq.). It is a structure that is transportable in one (1) or more sections, that, in the traveling mode, is eight (8) body feet or more in width and thirty-two (32) body feet or more in length, or, when erected on-site, is two hundred fifty-six (256) or more square feet, and that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes any plumbing, heating, air conditioning and electrical systems contained therein; except that such term shall include any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the commissioner and complies with the standards established under this appendix.

Mobile home park: A residential use in which more than one (1) mobile home is located on a single lot.

Modular home: A structure which is: (i) transportable in one (1) or more sections; (ii) designed to be used as a dwelling when connected to the required utilities, and includes plumbing, heating, air conditioning and electrical systems with the home; (iii) certified by its manufacturers as being constructed in accordance with a nationally recognized building code; and (iv) designed to be permanently installed at its final destination on an approved foundation constructed in compliance with a nationally recognized building code. The term "modular home" does not include manufactured housing as defined by the National Manufactured Housing Construction and Safety Standards Act of 1974.

Nonconforming lot: A lot existing at the effective date of this appendix (and not created for the purposes of evading the restrictions of this appendix) that does not meet the minimum area requirement of the district in which the lot is located.

Nonconforming project: Any structure development or undertaking that is incomplete at the effective date of this appendix and would be inconsistent with any regulation applicable to the district in which it is located if completed as proposed or planned.

Nonconforming use: A nonconforming situation that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located (for example, a commercial office building in a residential district may be a nonconforming use). The term also refers to the activity that constitutes the use made of the property. (For example, all the activity associated with operating a retail clothing store in a residentially zoned area constitutes a nonconforming use.)

Nursing care home: A facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to not more than nine (9) persons.

Nursing care institution: An institutional facility maintained for the purpose of providing skilled nursing care and medical supervision at a lower level than that available in a hospital to more than nine (9) persons.

Parking area aisles: A portion of the vehicle accommodation area consisting of lanes providing access to parking spaces.

Parking space: A portion of the vehicle accommodation area set aside for the parking of one (1) vehicle.

Person: An individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization, or other entity acting as a unit.

Planned residential development: A development constructed on a tract of at least five (5) acres under single ownership planned and developed as an integral unit, and consisting of single-family detached residences combined with either two-family residences or multifamily residences, or both.

Planned unit development (PUD): A development constructed on a tract of at least five (5) acres under single ownership, planned and developed as an integral unit, and consisting of a combination of residential and nonresidential uses on land within a PUD district.

Planning jurisdiction: The area within the city limits of the City of Batesville.

Receive-only earth station: An antenna and attendant processing equipment for reception of electronic signals from satellites.

Residence, duplex: A two-family residential use in which the dwelling units share a common wall (including without limitation, the wall of an attached garage or porch) and in which each dwelling unit has living space on the ground floor and a separate, ground floor entrance.

Residence, multifamily: A residential use consisting of a building, containing three (3) or more dwelling units. For purposes of this definition, a building includes all dwelling units that are enclosed within that building or attached to it by a common floor or wall (even the wall of an attached garage or porch).

Residence, multifamily apartments: A multifamily residential use other than a multifamily conversion or multifamily townhouse.

Residence, multifamily conversion: A multifamily residence containing not more than four (4) dwelling units and results from the conversion of a single building containing at least two thousand (2,000) square feet of ground floor area that was in existence on the effective date of this provision and that was originally designed, constructed and occupied as a single-family residence.

Residence, multifamily townhouses: A multifamily residential use in which each dwelling unit shares a common wall (including without limitation the wall of an attached garage or porch) with at least one (1) other dwelling unit and in which each dwelling unit has living space on the ground floor and a separate, ground floor entrance.

Residence, primary with accessory apartment: A residential use having the external appearance of a single-family residence, but in which there is located a second dwelling unit that comprises not more than twenty-five (25) percent of the gross floor area of the building, nor more than a total of seven hundred fifty (750) square feet.

Residence, single-family detached one (1) dwelling unit per lot: A residential use consisting of a single detached building containing one (1) dwelling unit and located on a lot containing no other dwelling unit.

Residence, two-family: A residential use consisting of a building containing two (2) dwelling units. If two (2) dwelling units share a common wall, even the wall of an attached garage or porch, the dwelling units shall be considered to be located in one (1) building.

Residence, two-family apartment: A two-family residential use other than a duplex, two-family conversion or primary residence with accessory apartment.

Residence, two-family conversion: A two-family residence resulting from the conversion of a single building containing at least two thousand (2,000) square feet of gross floor area that was in existence on the effective date of this provision and that was originally designed, constructed and occupied as a single-family residence.

Road: All private ways used to provide motor vehicle access to: (i) two (2) or more lots; or (ii) two (2) or more distinct areas or buildings in unsubdivided developments.

Rooming house: See Boarding house.

Sign: Any device that: (i) is sufficiently visible to persons not located on the lot where such device is located to accomplish either of the objectives set forth in subdivision; (ii) is of this definition; and (iii) is designed to attract the attention of such persons or to communicate information to them.

Sign, freestanding: A sign is attached to, erected on or supported by some structure (such as a pole, mast, frame or other structure) that is not itself an integral part of or attached to a building or other structure having a principal function other than the support of a sign. A sign that stands without supporting elements, such as a "sandwich sign", is also a freestanding sign.

Sign, nonconforming: A sign that, on the effective date of this appendix, does not conform to one (1) or more of the regulations set forth in this appendix, particularly article VIII (Signs).

Sign, off-premises: A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction or other activity that is conducted, sold, or offered at a location other than the premises on which the sign is located.

Sign, temporary: A sign that: (i) is used in connection with a circumstance, situation, or event that is designed, intended or expected to take place or to be completed within a reasonable short or definite period after the erection of such sign; or (ii) is intended to remain on the location where it is erected or placed for a period of not more than fifteen (15) days. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary.

Silviculture: A branch of forestry dealing with the development and care of forests and woodlands; the art and science of controlling the establishment, growth, composition, health, and quality of forests and woodlands to meet the diverse needs and values of landowners and society such as wildlife habitat, timber, water resources, restoration, and recreation on a sustainable basis. Examples of Silviculture treatments include but are not limited to thinning, harvesting (logging), planting and pruning of trees.

Special events: Circuses, fairs, carnivals, festivals, or other types of special events that: (i) run for longer than one (1) day but not longer than two (2) weeks; (ii) are intended to or likely to attract substantial crowds; and (iii) are unlike the customary or usual activities generally associated with the property where the special event is to be located.

Street: A public street or a street with respect to which an offer of dedication has been made.

(1)

Street, arterial: A major street in the city's street system that serves as an avenue for the circulation of traffic onto, out, or around the city and carries high volumes of traffic.

(2)

Street, collector: A street whose principal function is to carry traffic between minor, local and arterial streets but that may also provide direct access to abutting properties. It serves or is designed to serve directly or indirectly, more than one hundred (100) dwelling units and is designed to be used or is used to carry more than eight hundred (800) trips per day.

(3)

Street, cul-de-sac: A street that terminates in a vehicular turnaround.

(4)

Street, local: A street whose sole function is to provide access to abutting properties. It serves or is designed to serve at least ten (10), but not more than twenty-five (25) dwelling units and is expected to or does handle between seventy-five (75) and two hundred (200) trips per day.

(5)

Street, minor: A street whose sole function is to provide access to abutting properties. It serves or is designed to serve not more than nine (9) dwelling units and is expected to or does handle up to seventy-five (75) trips per day.

Structure: Anything constructed or erected.

Subdivision: The division of a tract of land into two (2) or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) and including all divisions of land involving the dedication of a new street or a change in existing streets.

(1)

Subdivision, architecturally integrated: A subdivision in which approval is obtained not only for the division of land into lots, but also for a configuration of principal buildings to be located on such lots. The plans for an architecturally integrated subdivision shall show the dimensions, height, and location of all such buildings to the extent necessary to comply with the purpose and intent of architecturally integrated subdivisions as set forth in this appendix.

(2)

Subdivision, major: Any subdivision other than a minor subdivision.

(3)

Subdivision, minor: A subdivision that does not involve any of the following: (i) the creation of more than a total of three (3) lots; (ii) the creation of any new public streets; (iii) the extension of a public water or sewer system; or (iv) the installation of drainage improvements through one (1) or more lots to serve one (1) or more other lots.

Temporary emergency, construction, or repair residence: A residence (which may be a manufactured home or travel trailer) that is: (i) located on the same lot as a residence made uninhabitable by fire, flood, or other natural disaster and occupied by the persons displaced by such disaster; (ii) located on the same lot as a residence that is under construction or undergoing substantial repairs or reconstruction and occupied by the persons intending to live in such permanent residence when the work is completed; or (iii) located on a nonresidential construction site and occupied by persons having construction or security responsibilities over such construction site (one-year limit).

Tower: Any structure whose principal function is to support an antenna.

Tract: (See Lot). The term tract is used interchangeably with the term lot, particularly in the context of subdivisions, where one (1) "tract" is subdivided into several "lots".

Travel trailer: A structure that: (i) is intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle); and (ii) is designed for temporary use as sleeping quarters but that does not satisfy one (1) or more of the definitional criteria of a mobile home.

Upper floor housing: A residence on a floor other than the first floor of the structure.

Use: The activity or function that actually takes place or is intended to take place on a lot.

Variance: A grant of permission by the board of adjustment that authorizes the recipient to do that which, according to the strict letter of this appendix, he could not otherwise legally do.

Vehicle accommodation area: That portion of a lot that is used by vehicles for access, circulation, parking, and loading and unloading. It comprises the total of circulation areas, loading and unloading areas, and parking areas.

Wholesale sales: On-premises sales of goods primarily to customers engaged in the business of reselling the goods.

(Ord. No. 2010-09-743, 9-7-10; Ord. No. 2011-07-760, § 3, 7-5-11; Ord. No. 2016-03-826, § I, 3-1-16; Ord. No. 2016-11-838, § 1, 11-1-16; Ord. No. 2017-11-844, § 1, 11-7-17)