For the purpose of this appendix, the definitions contained in this article are to be observed and applied in the interpretation of all articles in this appendix, except when the context clearly indicates otherwise. The following shall also apply:

      1.   Words used in the present tense include the future tense;

      2.   Words used in the singular number include the plural number;

      3.   Words in the plural number include the singular;

      4.   Words used in the masculine gender shall include the feminine;

      5.   The word “shall” is always mandatory and not merely directory;

      6.   The word “person” shall mean an individual, partnership, corporation or other association or their agents; and

      7.   Terms not defined in this section shall have the meanings customarily assigned to them.

   ACCESSORY BUILDING, STRUCTURE OR USE. A building or use which:

      1.   Is clearly incidental to, subordinate to, customarily found in connection with and serves a principal building or principal use;

      2.   Contributes to the comfort, convenience or necessity of occupants of the principal building;

      3.   Is subordinate in area, extent or purpose to the principal building or principal use served;

      4.   Is located on the same lot as the principal building or principal use served with the exception of accessory off-street parking facilities as are permitted elsewhere on the same lot with the use or structure; and

      5.   Is under the same ownership as the principal building or principal use served.

      (For illustration, see BUILDING, PRINCIPAL.)

   ACCESSORY EQUIPMENT BUILDING. A structure used to house equipment for the operation, maintenance or repair of a wireless communications tower, in which may also include electronic receiving, transmitting, relay equipment and backup power-generating equipment.

   ACREAGE. Any tract or parcel of land which has not heretofore been subdivided or platted.

   ADA. Americans with Disabilities Act of 1990, as amended.

   AGRICULTURE. The use of land for purposes of farming, pasturage, horticulture, floriculture, viticulture, animal and poultry activities, and the necessary accessory uses for parking, treating or storing the produce; provided, however, that, the operation of any such accessory uses shall be secondary to the normal agricultural activities. The term AGRICULTURE does not include chemical storage or manufacturing associated with agriculture.

   AIRCRAFT. Any contrivance now known or hereafter invented for use in or designed for navigation of or flight in the air.

   AIRPORT. Any area of land or water which is used or intended for use for the landing and taking off of aircraft and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open space.

   ALLEY. Any dedicated public way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.

   ALTERATION or REMODELING. Any change in the structural members, stairways, basic construction, type, kind or class of occupancy, light or ventilation, means of egress and ingress or any other change of an existing building or structure affecting or regulated by the building code of the town, except for minor repairs or changes not involving any of the aforesaid provisions.

   ANTENNA. A device used in communication which transmits or receives radio, television, telephone or spectrum based signals. ANTENNAS may be omni-directional (whip), directional (panel), dish (microwave type) and other ancillary freestanding devices.

   APARTMENT. A part of a building consisting of a room or suite of rooms intended, designed or used as a complete housekeeping unit.

   APARTMENT HOUSE. A residential structure containing three or more apartments.

   ARCHITECTURAL FEATURES. Architectural features of a building shall include cornices, eaves, gutters, belt courses, sills, lintels, bay winds, chimneys and decorative ornaments.

   AUDITORIUM. A room or building assigned to the gathering of people as an audience to hear lectures, plays and other presentations.

   AUTO REPAIR, MAJOR. Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; and overall painting of vehicles.

   AUTO REPAIR, MINOR. Incidental repairs, replacement of parts and motor service to automobiles, but excluding any operation specified under “Automobile Repair, Major”.

   AUTOMOBILE SERVICE STATION. A building or structure designed or used for the retail sale or supply of fuels (stored only in underground tanks), lubricants, air, water and other products for motor vehicles, aircraft or boats, which building or structure may include the facilities for the installation of such products on or in such vehicles, and also may include space for storage, minor repair and servicing, but not bumping, painting, refinishing, steam cleaning, rust-proofing, muffler installation where such is the primary use of the premises, or facilities designed for washing of more than two vehicles at a time.

   AUTOMOBILE AND TRAILER SALES. An open or enclosed area other than a street used for the display and sale of new or used automobiles or trailers. Outside storage of the vehicles for sale shall be allowed so long as the vehicles are operable and in running condition. However, no public street or right-of-way shall be used for the display and sale of new or used automobiles or trailers.

   AUTOMOBILE WASH ESTABLISHMENT. A building or portion thereof, the primary purpose of which is the washing of motor vehicles.

   AWNING. A structure made of cloth, metal or other material attached to a building.

   BASEMENT. The portion of a building which is partly or wholly below grade, but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A BASEMENT shall not be counted as a story.

   BED AND BREAKFAST INNS. A one- or two-family dwelling, where rooms are leased for the night with breakfast provided and where the owner is a full-time resident of the dwelling. No kitchen facilities are to be made available to the guests in BED AND BREAKFAST INNS. Any structure in the town that is used totally or partially for leasing rooms by the night and contains six or more guest rooms shall be considered a hotel or motel.

   BLOCK. Property abutting on one side of a street, and lying between the two nearest intersecting or intercepting streets and railroad rights-of-way, un-subdivided areas or other definite barrier.

   BOARDING HOUSE. A dwelling other than a hotel or motel, where meals, or lodging and meals, are provided for compensation to three or more persons other than members of the keeper’s immediate family by prearrangement for definite periods of not less than one week, and where individual cooking facilities are prohibited.

   BUILDABLE AREA. The space remaining on a lot after the setbacks, easements and minimum open space requirements of this appendix have been complied with. Additionally, wetlands must be subtracted from the overall land before determining the BUILDABLE AREA.

   BUILDING. Any structure, either temporary or permanent, having a roof and used or built for shelter or enclosure of persons, animals, chattel or property of any kind. In the event an additional structure is to be attached to a principal structure which is of different use, it must be attached in a substantial manner with the attachment being at least 50% of the common wall for each structure. Said new structure must be of similar construction and no higher than the original principal structure. Further, the new structure cannot be more than 75% of the original structure building area when the use is not the same as the original structure. An example of this is a garage that is attached to an existing single- family residential structure. The garage is a use that is not the same as that of the residential structure so it could not be more than 75% of the original residential structure building area. In the event it is not connected in a substantial manner as defined herein, the new structure shall be considered as a separate principal structure.

   BUILDING AREA. The footprint of the building or structure including eaves, overhangs, steps, porches and decks more than one foot above grade.

   BUILDING COVERAGE. The area on a lot occupied by buildings and structures, including accessory buildings. (For illustration, see LOT COVERAGE.)

   BUILDING HEIGHT.

      1.   The vertical distance from the grade to:

         a.   The highest point of a flat roof;

         b.   The deck line of a mansard roof; or

         c.   The average height between eaves and ridge for gable, hip and gambrel roofs.

      2.   Chimneys, elevator penthouses, tanks and similar projections, other than signs, shall not be included in calculating height.

   BUILDING LINE. A line established, in general, parallel to the front lot line or right-of-way line, beyond which no part of a building shall project, except as otherwise provided by this appendix. (For illustration, see LOT.)

   BUILDING, PRINCIPAL. A building in which is conducted the principal use of the lot on which it is situated.

   BUILDING SETBACK LINE. A line extending across a lot establishing the minimum open space to be provided between the front line of buildings and the front lot line.

   BULK. A term used to indicate the size and setbacks of buildings or structures and the location of same with respect to one another and including, but not limited to, the following:

      1.   Size and height of buildings;

      2.   Location of exterior walls at all levels in relation to lot lines;

      3.   Gross floor area of buildings in relation to lot lines, lot size, streets and other buildings;

      4.   All open spaces allocated to the building site;

      5.   Amount of lot area per dwelling unit; and

      6.   Required parking areas.

   BUSINESS COMPLEX. For the purpose of determining allowable signs, a single building, or series of buildings within a development, within which two or more businesses, or non-residential tenants, are located.

   BUSINESS RECREATION. Any recreational function, activity or area that is developed and operated for a profit, and will include any recreational activity or area that is not owned, operated or sanctioned by the town’s Department of Parks and Recreation or the Duneland YMCA or other similar non-profit organizations.

   BUSINESS SCHOOLS. Beauty schools, barber schools, business schools, trade schools or other similar schools that specialize in one or several related subjects where a recognized college degree is not granted.

   BUSINESS WIRELESS SERVICE. Licensed business wireless telecommunication services which include cellular, personal communication service (PCS), specialized or enhanced mobile radio (SMR or ESMR), paging and similar service licensed by the FCC and marketed to the general public.

   BZA. Chesterton Advisory Board of Zoning Appeals.

   CANOPY. An open structure consisting of a roof or hood of permanent construction supported separately from the primary building on a lot, for the purpose of providing shelter and protection from the weather.

   CAPACITY IN PERSONS. Of an establishment or use is the maximum number of persons that can avail themselves of the service (or goods) of such establishment, at any time, with reasonable safety and comfort as determined in the Building Code.

   CARPORT. A partially enclosed structure principally devoted to the storage of motor vehicles.

   CHILD CARE CENTER. Any place, other than a family home, in which persons receive child care services during any part of a day not exceeding 13 hours in any one 24-hour period and licensed pursuant to Indiana Code.

   CHILD CARE HOME. A home which is used to receive, for regular compensation, less than six children (except those for whom the provider is a parent, stepparent, guardian, custodian or other relative) for care during any part of the day for more than four hours, but less than 24 hours, in each of ten consecutive days per year, excluding intervening Saturdays, Sundays and holidays.

   CLEAR SIGHT TRIANGLE. An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of street line.

   CLINIC, MEDICAL OR DENTAL. A building or portion thereof, the principal use of which is for offices of physicians or dentists or both, for the examination and treatment of persons on an out-patient basis.

   CLUB. An establishment operated for social, recreational or educational purposes but open only to members and not the general public, but not operated for profit.

   CO-LOCATION. A single site where equipment from multiple providers is located.

   COMMUNICATIONS FACILITY. A land use infrastructure including towers, accessory buildings, power source and structures, supporting antennas or other structures intended for the use in connection with business transmission or receipt of radio or television signals, or any spectrum-based transmissions/ receptions, along with backup power-generating equipment.

   COMMUNICATIONS TOWER. Any structure designed and constructed primarily for the purpose of supporting one or more antennas. The term includes radio and television transmission towers, microwave towers, cellular telephone and wireless communication towers, alternative tower structures and the like. Tower types include, but are not limited to, guyed steel towers, wooden poles, “lattice” towers and “monopoles”.

   COMPREHENSIVE PLAN. The Comprehensive Plan for the town adopted on 3-28-1994, pursuant to I.C. 36-7-4-500 et seq., as the same may be amended from time to time.

   CONCEPT PLAN. A plan for the development of an entire parcel of land, drawn to scale, that generally indicates densities, uses, open space and infrastructure locations including all of the requirements for a concept plan that are set forth in this appendix.

   CONDOMINIUM. A condominium is an ownership arrangement, not a land use; therefore, it is allowed under the same restrictions in any given district as the use that comprises it. In order to be a CONDOMINIUM, the real estate must be owned and maintained in accordance with the Horizontal Property Law of the state as found at I.C. 32-1-6 et seq.

   CONFORMING STRUCTURE. A structure which complies with all use, bulk and development standard requirements of this appendix.

   CONVALESCENT OR NURSING HOME.

      1.   A home for the care of the aged or physically or mentally disabled, wherein three or more persons are cared for, but not including hospitals or clinics; and

      2.   Said home shall conform and qualify for license under state laws even though state laws may not apply to such home because the number of persons cared for as specified in this definition is less than the number set forth in the state statutes.

   COUNTRY CLUB. Land area and buildings containing golf courses, recreational facilities, a club house and customary uses only open to members and their guests with the primary purpose being that of a social golf club.

   CROSSWALK. A public right-of-way which crosses a block to furnish access for pedestrians to adjacent streets or properties.

   CUL-DE-SAC. A street with one opening for ingress and egress, and terminated by a vehicle turnaround.

   CURB LEVELS. The level of the established curbs in front of a building or structure measured at the center of such front. Where no CURB LEVEL has been established, it shall be deemed to be the established level of the centerline of the street surface in front of a building or structure, measured at the centerline of such front.

   DECIBEL. A unit of measurement of the intensity (loudness) of sound. Sound level meters, which are employed to measure the intensity of sound, are calibrated in DECIBELS.

   DESIGNED FAIL AREA. The area surrounding a tower in which the tower could fall should it fail as structurally designed. The DESIGNED FAIL AREA is quantified in terms of linear distance from the tower to the perimeter of the DESIGNED FAIL AREA. This DESIGNED FAIL AREA shall be certified by a structural engineer.

   DETENTION POND. A natural or artificial stormwater storage area outlet to a regulated drain that is designed and maintained to temporarily contain water only when excess stormwater run-off occurs.

   DEVELOPMENT PLAN. A specific plan for the development of real property that requires approval by the Plan Commission under the 1400 Series of I.C. 36-7-4, which includes a site plan, satisfies the development requirements specified herein regarding development, and contains the plan documentation and support information required by this appendix.

   DIAMETER BREAST HEIGHT (DBH). The trunk diameter of a tree in inches measured four and one-half feet from the ground.

   DISPENSING DEVICE. Any mechanically or manually operated device for the dispensing of merchandise such as, but not limited to, soft drinks, milk, ice, candy, cigarettes, money or other items.

   DISTRICT. A portion or portions of the town within which uses of land and buildings are permitted and wherein regulations and requirements apply under the provisions of this appendix on a uniform basis.

   DRIVE-IN ESTABLISHMENT. A business establishment so developed that all or any part of its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles to serve patrons while in the motor vehicle (e.g., restaurants, cleaners, banks, theaters).

   DWELLING UNIT. Any building or portion thereof having cooking facilities which is used or designed as a habitable unit. However, in no case shall a manufactured home other than Type I, automobile chassis or tent be considered a DWELLING UNIT. In case of mixed occupancy, where a building is occupied in part as a dwelling unit, the parts so occupied shall be deemed a DWELLING UNIT for the purpose of this appendix and shall comply with the provisions thereof relative to dwellings.

   DWELLING, MULTIPLE. A building used or designed for three or more dwelling units as a residence for three or more families living independently of each other, or occupied by five or more unrelated persons living together as a single housekeeping unit.

   DWELLING, ROW HOUSE OR TOWNHOUSE. A row of three or more attached dwelling units, not more than two and one-half stories in height, each dwelling having its own front and rear yards and entrances.

   DWELLING, SINGLE-FAMILY. A single dwelling unit designed for and occupied exclusively by one family.

   DWELLING, TWO-FAMILY. A building designed exclusively for use by two families living independently of each other.

   EASEMENT. An authorization by a property owner for the use by another, and for a specified purpose. EASEMENTS are generally granted for the purpose of providing public utilities, gas lines, electrical lines, in addition to creek and/or ditch maintenance and the egress or ingress to a property.

   EFFICIENCY UNIT. A dwelling unit consisting of one principal room, other than the bathroom, kitchen, hallway, closets or dining alcove directly off the principal room; provided, such dwelling unit shall contain not less than 600 square feet of floor area.

   ENGINEER. The designated Town Engineer or engineering consultant of the town.

   ERECTED. Includes the words built, constructed, reconstructed or any physical operations on the premises required for the building. Building excavations, fill, drainage and the like shall be considered a part of ERECTION.

   EROSION. A wearing away of the land surface by the action of wind, water or gravity. All developmental activity that may result in EROSION shall comply with the Federal Clean Water Act and 327 I.A.C. 15-5 (“Rule 5”).

   ESSENTIAL SERVICES. The erection or maintenance of public utilities, municipal departments or commissions, or underground, surface or overhead gas, communications, electrical, steam, fuel or water transmission or distribution systems, collection, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar accessories in connection therewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general public health, safety, convenience or welfare.

   EXCAVATING. The removal of sand, stone, gravel, clay or fill dirt below the average elevation or the surrounding land or established grade.

   FAMILY. One or more persons occupying a single dwelling unit; provided that, unless all members are related by blood or marriage, no such FAMILY shall contain over five persons; but, further provided that, domestic servants employed on the premises may be housed on the premises without being counted as a FAMILY or FAMILIES.

   FENCE. A structure, other than a building, designed and constructed of wood, metal, plastic or masonry, which is a barrier and used to enclose property, or used as a boundary or means of protection.

   FILLING. The depositing or dumping of any matter onto, or into the ground, except such as is related to common household gardening.

   FLOOD or FLOOD WATER. The water of any lake or watercourse which is above the banks and/or outside the channel and banks of such watercourse. (See REGULATORY FLOOD.)

   FLOOD CONTROL. The prevention of floods, the control, regulation, diversion or confinement of flood water or flood flow, and the protection therefrom, according to sound and accepted engineering practice, to minimize the extent of floods, and the death, damage and destruction caused thereby.

   FLOOD HAZARD AREA. Any floodplain or portion thereof, which has not been adequately protected from flood water by means of dikes, levees, reservoirs or other works approved by the state’s Department of Natural Resources Commission.

   FLOOD PROTECTION GRADE. The elevation of the lowest point around the perimeter of a building at which flood water may enter the interior of the building.

   FLOODPLAIN. The relatively flat area or low land adjoining the channel of a river or stream which has been or may be covered by flood water. The FLOODPLAIN includes the channel, floodway and floodway fringe.

   FLOOD-PROOFED BUILDING. A commercial or industrial building designed to exclude flood waters from the interior of that building. All such floodproofing shall be adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regulatory flood.

   FLOODWAY.

      1.   The channel of the stream or body of water and that portion of the floodplain that is inundated by a flood and used to carry the flood flow; and

      2.   The floodway district is that area designated as a “regulatory floodway” by the state’s Department of Natural Resources and under the jurisdiction of the state’s Natural Resources Commission.

   FLOODWAY FRINGE. Those portions of the flood hazard area lying outside the floodway.

   FLOOR AREA.

      1.   For the purposes of computing the minimum allowable FLOOR AREA, the sum of the horizontal areas of each story of the building measured from the exterior faces of the exterior walls.

      2.   The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed and unenclosed porches.

   FLOOR AREA, USABLE. For the purposes of computing required parking spaces, is that area used for or intended to be used for the sale of merchandise or services or for serving patrons, clients or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise or for utilities shall be excluded from this computation of usable floor area.

   GARAGE, PRIVATE. A detached accessory building or portion of a main building, used for the storage of self propelled vehicles for the use of the occupants of the lot on which the garage is located and with a capacity of not more than three motor vehicles. This definition includes storage on any one lot, for the occupants thereof, of not more than one commercial vehicle not exceeding a rated capacity of two tons.

   GRADE OR AVERAGE GROUND LEVEL. The established grade shall be the average elevation of the finished ground surface adjacent to the walls or foundation of the principal building on a lot.

   GREENBELT or BUFFER STRIP. A strip of vegetated land of definite width and location planted with shrubs and/or trees serving as an obscuring screen or buffer; or protecting sensitive natural areas such as streams and wetlands.

   HALF STREET. One side of a street divided longitudinally by a property line.

   HEALTH BOARD. The State Board of Health.

   HEDGE. A row of closely planted shrubs forming a boundary or barrier.

   HOME OCCUPATION.

      1.   An occupation carried on in a dwelling by a resident thereof, not involving:

         a.   The conduct of a retail business or manufacturing business;

         b.   Structural additions, enlargements or exterior alterations changing the residential appearance to a business appearance;

         c.   Exterior storage of equipment or materials used in connection with the home occupation;

         d.   Provision for more than one extra off-street parking space other than the requirements and the permitted facilities of the zone district. No part of a minimum required setback distance shall be used for off-street parking or loading facilities, and not additional driveway to serve such home occupations shall be permitted;

         e.   Substantial increases in vehicular traffic to and from the home occupation location;

         f.   The creation of vibrations or other like nuisances; and

         g.   Permanent signage which exceeds two square feet per sign, subject to the provisions of Article IV of this appendix.

      2.   Permitted home occupations shall be of a personal service nature limited to domestic crafts and professional service, including, but not limited to:

         a.   Such domestic crafts as dressmaking and hair grooming;

         b.   Such professions as consulting, music, painting and tutoring; or

         c.   Child care facilities which meet the state regulations and the number of children cared for in a one-day period of time does not exceed five children not immediately related to the home owner and living on the premises.

      3.   For purposes of this appendix, clinics, doctor’s offices, dress shops, funeral homes, tourist homes, animal clinics, kennels, trailer rentals and the like shall not be deemed to be HOME OCCUPATIONS.

      4.   Each home occupation shall be required to obtain a business registration permit at the Clerk-Treasurer’s office in accordance with § 12-4 of this code of ordinances.

   HOSPITAL. An institution providing health services, primarily for patients who remain overnight, and medical and surgical care of the sick or injured, including as an integral part of the institution such related facilities as laboratories, out-patient departments, training facilities, central service facilities and staff offices.

   HOTEL. A building occupied or used for the lodging of individuals or groups of individuals with or without meals, and in which there are more than six sleeping rooms, and in which no provision is made for cooking in any guest room.

   ILLEGAL NON-CONFORMING SIGN. Any sign, other than a legal non-conforming sign, which does not conform to the requirements of Article IV of this appendix.

   ILLEGAL NON-CONFORMING STRUCTURE. Any building or structure, other than a legal non- conforming structure, which does not now conform to the development standard requirements, including those of bulk, of this appendix.

   ILLEGAL NON-CONFORMING USE. Any use of land or a structure, other than a legal non- conforming use, which does not now conform to the use regulation of the zoning district in which it is located.

   IMPERVIOUS SURFACE. Any surface, including among other elements streets, sidewalks and structures, which does not allow for the percolation of water through it.

   JUNK YARD.

      1.   Any open lot, open structure, open premises or parts thereof used for the storage, keeping or abandonment of any worn out, cast-off or discarded or abandoned article, material, vehicle, automobile and machinery, or parts thereof, which is ready for destruction or sale or has been collected for storage as salvage or conversion to some use including but not limited to scrap metal, paper, wood, cordage or other waste, or discarded materials, articles, vehicles, automobiles and machinery or parts thereof, or vehicles or automobiles that are inoperable or incapable of movement by their own locomotion or power, and have been inoperable for 30 days, or vehicles or automobiles without a valid current state registration and license plate issued to said vehicle or automobile to the occupant, owner, purchaser, lessor, lessee or tenant of any lot, building or structure therein or thereon situated.

      2.   All junk yards shall be required to provide for all storage to be screened from view by an eight-foot fence.

   LABORATORY. A place devoted to experimental or routine study, such as testing and analytical operations; also included in this definition would be dental or medical laboratories where products might be manufactured for dentists or doctors, but in which general manufacturing of product or products are not permitted.

   LEGAL NON-CONFORMING SIGN. A sign which, although legal at the time erected, does not conform to the requirements of Article IV of this appendix.

   LEGAL NON-CONFORMING STRUCTURE. A building or structure, although legal when built or constructed, does not now conform to the development standard requirements, including those of bulk, of this appendix.

   LEGAL NON-CONFORMING USE. Any use of land or a structure which, although legal at the time the use was commenced, does not now conform to the use regulations of the zoning district in which it is located.

   LOADING SPACE. All off-street space on the same lot with a building or group of buildings, for temporary parking for a business vehicle while loading and unloading merchandise or materials.

   LOT. A parcel of land occupied or to be occupied by one principal structure and its accessory buildings with such open spaces and off-street parking spaces as are required by the provisions of this appendix and having frontage on a public street.

   LOT AREA.

      1.   The area of any lot exclusive of street, highway, alley, road or other right-of-way;

      2.   Easements are considered to be part of the lot area; and

      3.   For illustration, see LOT DEPTH.

   LOT CORNER.

      1.   A lot located at the intersection of two or more streets or a lot bounded on two sides by a curving street, two chords of which form an angle of 135 degrees or less.

      2.   The point of intersection of the street lot lines is the “corner”.

      3.   In the case of a corner lot with curved street lines, the corner is that point of intersection of the chords described above.

   LOT COVERAGE. The percent of lot area that may be occupied by buildings and accessory structures including, but not limited to, pools, decks, tennis courts, carports, sheds and the like.

   LOT DEPTH. The mean horizontal distance from the front lot line to the rear lot line.

   LOT, DOUBLE FRONTAGE. An interior lot having frontages on two more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, one street may be designated as the front street for all lots in the plat. (See LOT, THROUGH. For illustration, see BLOCK.)

   LOT, INTERIOR. A lot other than a corner lot. Any portion of a corner lot more than 120 feet from the “corner” measured along a front street lot line, shall be considered an interior lot; provided, such portion is of sufficient width, length and area to meet the minimum requirements of the zoning district in which it is located. (For illustration, see BLOCK.)

   LOT LINES. The property lines bounding the lot. (For illustration, see LOT.)

   LOT LINE, FRONT. Any lot line which is a street line, except that, in the case of a corner lot, the FRONT LOT LINE shall be the street line which the front of the principal structure, including a main entrance or front door, faces. In the case of a double frontage lot, all lot lines which are street lines shall be considered FRONT LOT LINES unless otherwise designated in the plat.

   LOT LINE, REAR. A lot line which is opposite and most distant from the front lot line of the lot and, in the case of an irregular or triangular shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.

   LOT LINE, SIDE. Any lot line which is not a front lot line or a rear lot line. A SIDE LOT LINE separating a lot from a street is a side street lot line. A SIDE LOT LINE separating a lot from another lot or lots is an INTERIOR SIDE LOT LINE.

   LOT LINE, STREET OR ALLEY. A lot line separating the lot from the right-of-way of a street or an alley.

   LOT OF RECORD. A lot which is part of a division of a lot or a parcel described by metes and bounds, the description of which have been so recorded in the office of the County Recorder.

   LOT, THROUGH. A lot other than a corner lot with frontage on more than one street. (See LOT, DOUBLE FRONTAGE. For illustration, see BLOCK.)

   LOT WIDTH. The horizontal distance between the side lot lines, measured at the two points where the building line, or setback, intersects the side lot lines. (For illustration, see LOT DEPTH.)

   MANUFACTURED HOME. A dwelling unit fabricated in an off-site manufacturing facility for assembly at the building site, bearing a seal certifying that it is built in compliance with either the Federal Manufactured Housing Construction and Safety Standards Code of Indiana, Pub. Law No. 360, Acts of 1971, as promulgated by the Indiana Administrative Building Council (HUD seal); or CABO One- and Two-Family Dwelling Code (Modular Unit seal), Pub. Law No. 360. Only manufactured structures bearing these seals shall be allowed for residential use without a variance from the town’s Board of Zoning Appeals.

   MANUFACTURING, GENERAL. The manufacturing, processing, assembling, fabrication or repair of any materials or products where no continuous process involved will produce noise, vibration, electrical disturbance, air pollution, water pollution, heat, glare, waste matter, odor or fire hazard which will disturb or endanger any neighboring property and where some operations and storage may be in open spaces, which are fenced in from adjoining properties.

   MANUFACTURING, LIGHT. The manufacturing, processing, assembly, fabrication or repairing of certain materials or products where no process involved will produce noise, vibration, electrical disturbances, air pollution, water pollution, heat, glare, waste matter, odor or fire hazard which will disturb or endanger any neighboring property and where all operations and storage are entirely within enclosed buildings or areas.

   MINI-WAREHOUSE. A structure or group of structures containing individual storage units of 300 square feet or less with access to each unit only for the storage and warehousing of personal property. MINI-WAREHOUSES do not include the following activities: wholesaling, retailing, servicing, assembling or repair of household or business goods in conjunction with storage. Storage of chemicals, flammable solvents and the like are not permitted in any mini storage facility. Perishable food/produce or odorous/noxious material are not permitted.

   MOBILE HOME. A transportable structure larger than 320 square feet, designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Act of 1974, which became effective for all mobile home construction 6-15-1976.

   MOTEL. A series of attached, semi-detached or detached rental units containing bedroom, bathroom and closet space and in which kitchen or cooking facilities may be provided. Units shall contain not less than 250 square feet of floor space; provided, however, that, for those units with kitchens or kitchenettes a total of 300 square feet of floor space in each rental unit shall be provided.

   MOTOR FREIGHT TERMINAL. A building or premise in which freight is received and dispatched by motor vehicle.

   MUSEUM. A building or place where art, artifacts, cultural items or other objects of permanent public value are kept and displayed. Additionally, the building or place must be conducted by a not-for- profit organization, legally existing in the state, accessible to the general public and not utilized more than 5% of the floor area for sale of merchandise.

   NOXIOUS MATTER. Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals.

   NURSING, SHELTER, CARE OR REST HOME. An establishment for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorder, but not including facilities for the treatment of sickness or injuries or for surgical care.

   OCCUPANCY. The occupation or use of a building, or parts thereof, by any party.

   OCTAVE BAND. A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

   ODOROUS MATTER. Any matter or material that yields an odor, which is offensive in any way.

   OFFICE. A room or group of rooms used for conducting the affairs of a business, profession, service, industry or government generally furnished with desks, tables, files, communication equipment and the like.

   OFF-STREET PARKING AREA. Land which is improved and used, or a structure which is designed and used exclusively for the storage of passenger motor vehicles, either for accessory off-street parking spaces or business off-street parking spaces when permitted herein by district regulations.

   OFF-STREET PARKING LOT. A lot, or portion thereof, devoted to parking spaces for motor vehicles along with adequate drives and aisles for maneuvering to provide access for entrance and exit for the parking of more than two automobiles.

   ONE- AND TWO-FAMILY DWELLING CODE. The nationally recognized model building code prepared by the Council of American Building Officials, adopted by the Indiana Administrative Building Council (ABC) and which includes those supplements and amendments thereto.

   OPEN AIR MARKET. The retail sales of fruits, vegetables, perishable foods and other home garden supplies and equipment when operated for a profit and not conducted from a wholly enclosed building.

   OPEN SPACE. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment. Such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

   PARK BOARD. Chesterton Board of Park and Recreation.

   PARK DEPARTMENT. Chesterton Department of Parks and Recreation.

   PARKING AREA.

      1.   An area which is designed or used for the parking of one automobile or motor vehicle, such space being exclusive of necessary drives, aisles, entrances or exits and being fully accessible for the storage or parking of permitted vehicles.

      2.   However, the location and size of handicapped parking spaces shall conform with federal and state law.

   PARTICULATE MATTER. Dust, smoke or any form of airborne pollution in the form of minute separate particles.

   PERFORMANCE STANDARD. A criteria established to control smoke and particulate matter, noise, odorous matter, toxic matter, vibration, fire and explosion hazards, glare and radiation hazards generated by, or inherent in, uses of land or buildings.

   PLANNED UNIT DEVELOPMENT (PUD). The development of an area of land as a single entity for a variety of dwelling units and/or other uses, which may not correspond in use, lot size, bulk or type of dwelling, density, lot coverage and required open space to the regulations otherwise required by this appendix.

   PLANNED UNIT DEVELOPMENT ORDINANCE (PUD ORDINANCE). A zoning ordinance that does the following:

      1.   Designates a parcel of real property as a PUD District;

      2.   Specifies uses or a range of uses permitted in the PUD District;

      3.   Specifies development requirements in the PUD District;

      4.   Specifies the planned documentation and supporting information that may be required;

      5.   Specifies any limitation applicable to a PUD District; and

      6.   Meets the requirements of the 1500 Series of I.C. 36-7-4.

   PLAT. A map or chart indicating the subdivision or resubdivision of land, intended to be filed for record.

   PORCH, ENCLOSED. A covered entrance to a building or structure which restricts the free entry of air, natural light or view by means of permanently installed fixtures, and which projects out from the main wall of said building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.

   PORCH, OPEN. An entrance to a building or structure which is unenclosed except for columns supporting the porch roof and railing which may be attached thereto, and which projects out from the main wall of said building or structure and has a separate roof or an integral roof with the principal building or structure to which it is attached.

   PRIMARY APPROVAL. The conferral of certain rights pursuant to this appendix after specific elements of a plan have been agreed upon by the town’s Advisory Plan Commission.

   PROPERTY LINES. The lines bounding a lot, as defined herein. (For illustration, see LOT.)

   PUBLIC UTILITY. Any person, firm, corporation or municipal department duly authorized to furnish, pursuant to law, to the public, including, but not limited to, cable telecommunications, electricity, natural gas, telephone, telegraph, transportation, water or sewer.

   PUBLIC WAY. Any sidewalk, street, alley, highway or other thoroughfare dedicated to the use of the public. For purpose of this definition, PUBLIC WAY shall mean only the actual surfaced area used by vehicles and person as distinguished from the right-of-way which incorporates and is a larger area than the public way.

   RADIO-FREQUENCY EMISSION (RF). A non-ionizing electromagnetic energy used to transmit communications signals through space.

   RAILROAD RIGHT-OF-WAY. A strip of land containing tracks and auxiliary facilities for track operations, but not including depots, loading platforms, train sheds, workhouses, car shops, car yards, locomotive shops or water towers.

   REAR YARD DRAINAGE SYSTEM. A drainage system through which storm water runoff is conveyed from rear lot lines to a municipal drainage system by means of drainage inlets and pipes.

   RECREATIONAL VEHICLE. A portable vehicular structure not built to 1974 federal standards for mobile homes or the ANSI 119.1 Mobile Home Design and Construction Standards, as amended, designed for travel, recreational camping or vacation purposes, either having its own motor power or mounted onto or drawn by another vehicle, and including, but not limited to, travel and camping trailers, truck campers and motor homes.

   REGULATED DRAIN. A ditch, storm sewer or swale that is located on a right-of-way or other property which is regulated by public authority such as the town’s Department of Storm Water Management, the county’s Drainage Board, the state’s Department of Natural Resources or the Army Corp of Engineers.

   REGULATORY FLOOD. The flood having a peak discharge which can be expected to be equaled or exceeded on the average of once in a 100-year period, as calculated by a method and procedure which is acceptable to and approved by the state. This flood is equivalent to a flood having a probability of occurrence of 1% in any given year.

   REGULATORY FLOOD PROFILE. A longitudinal profile along the thread of a stream showing the maximum water surface attained by the regulatory flood.

   RINGELMANN CHART. A chart which is described in the U.S. Bureau of Mines, Information Circular 6888, and on which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of smoke.

   RESEARCH LABORATORY. A building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

   RETAIL SALES. Business practices which provide products and services for the exchange of legal tender. Further, PRIMARY RETAIL SALES shall not include the sale of or distribution of any form of pornographic material or services. The use classification for a retail sales operation is determined by the primary use of the operation.

   RETENTION POND. A stormwater storage area that is designated and maintained to contain water when excess storm water occurs.

   RETIREMENT VILLAGE. A business venture for the establishment of a retirement village for senior citizens that will provide for the privacy of the individual residents in private dwelling units, but also including such basic services as barber shops, beauty shops, gift shops, pharmacies and a centralized kitchen and dining area. A RETIREMENT VILLAGE must also meet all of the following criteria:

      1.   Have a centralized kitchen and dining area to accommodate all occupants of the facility;

      2.   Have a full-time staff member present on site;

      3.   Comply with all ADA requirements;

      4.   Have a maximum of two persons per unit; and

      5.   At least one occupant of each unit must be at least 55 years of age.

   RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by transportation facilities, public utilities or other special public uses. RIGHTS-OF-WAY intended for any use involving maintenance by a public agency shall be dedicated to the public use by the maker of the plat on which such right-of-way is established.

   ROADSIDE FOOD SALE STAND. A temporary structure designed or used for the display or sale of agricultural and other food products to the motoring public.

   SATELLITE DISH. A device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrial or orbitally based uses. This definition is meant to include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs (television reception only satellite dish antennas) and satellite microwave antennas.

   SECONDARY APPROVAL. The official action taken by the Plan Commission after all conditions, engineering, plans and other requirements of any plat given primary approval have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion at the time of secondary plat approval, all as provided for in this appendix.

   SENSITIVE OR UNIQUE NATURAL AREA. Any physical, vegetative, topographic or hydrologic natural feature that is unique to this area or environmentally sensitive.

   SERVICE STRUCTURES. Equipment or elements over four feet in height providing service to a building or structure, including, but not limited to, dumpsters, lift stations, utility vaults, air conditioning units, propane tanks and any other apparatus used for similar purposes as the aforementioned.

   SETBACK. A line established by this appendix, generally parallel with and measured from the lot line (property line), defining the limits of a yard in which no building, other than a permitted accessory building or structure may be located, except as otherwise provided in this appendix. (For illustration, see LOT.)

   SHOPPING CENTER. An integral planned business development with a single ownership or management, or under unified control, and developed and operated principally for retail merchandising.

   SIGN. Any device or visual communication, when the display of this device or visual communication is visible from any public right-of-way. The definition of SIGN does not include anything inside of a building, murals, fences, lawn ornaments or decorations.

   SIGN, ANIMATED. A sign any part of which is electrically or mechanically activated.

   SIGN, BENCH. A sign attached to or painted upon a bench or seat which is located outside a building or structure. (For illustration, see SIGN.)

   SIGN, BILLBOARD. A sign which is a separate structure permanently attached to a building, the ground or attached to a permanent structure having a location upon the ground.

   SIGN, BONA FIDE TRIGGERING EVENT. A bona fide triggering event is an occurrence which allows an owner or occupant to post an additional number of temporary signs on the owner or occupant’s real property for a period of time.

   SIGN, CHANGEABLE COPY. A sign whereon provision is made for letters or characters to be placed in or upon the surface area either manually or electronically to provide a message, illustration, picture or display. (For illustration, see SIGN.)

   SIGN, DYNAMIC.  Any sign, the characteristics of which appear to change, caused by any method other than physically removing or replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself, or any other component of the sign.

   SIGN, FLASHING. A sign in which the illumination intermittently flashes off and on, in whole or in part, including an animated sign. (For illustration, see SIGN.)

   SIGN, FREESTANDING. A sign completely or principally self-supported by posts or other supports independent of any building or other structure and anchored in or upon the ground. (For illustration, see SIGN.)

   SIGN, GROSS SURFACE AREA. The maximum area enclosed within a connected geometric shape completely enclosing, as a single unit, the shape of the sign face including both copy, background and any frame or boxed display. Where a sign has two or more display faces, the area of all faces will determine the GROSS SURFACE AREA OF THE SIGN. The supporting structure of a sign that is not enclosed within the connected geometric shapes will not be considered as part of the GROSS SURFACE AREA OF THE SIGN.

   SIGN, ILLUMINATED (EXTERNAL). A sign illuminated by an external source which is cast upon the surface of the sign.

   SIGN, ILLUMINATED, (INTERNAL). A light source contained within the sign itself which becomes visible in darkness, by shining through a translucent surface.

   SIGN, MONUMENT. Any ground-mounted sign with a base, which sign has a maximum height, including the base, of eight feet as measured from existing, pre-construction (unaltered) grade.

   SIGN, PORTABLE. A sign that is not permanently affixed to a building, structure or the ground and is generally designed to be moved from place to place including sandwich signs, trailer signs and vehicle signs. (For illustration, see SIGN.) These signs include, but are not limited to, signs attached to wood or metal frames designed to be self-supporting and/or movable; paper, cardboard or canvas signs wrapped around or attached to supporting poles; signs temporarily attached to cars, vans or other motor vehicles when the vehicle is parked in a position to call attention to a place of business, service or event.

   SIGN, PROJECTING. A sign supported by a building or other structure which projects over any street, sidewalk, alley, public way or easement, or which projects more than 12 inches from the face of the building, structure or supporting wall, including an overhanging sign. (For illustration, see SIGN.)

   SIGN, PUBLIC. A sign, either permanent or temporary, which is authorized and erected by public officials of the United States, the state or the town for the public safety, health and welfare, including, but not limited to, traffic signs, other municipal signs, railroad crossing signs, danger, warning and other signs.

   SIGN, ROOF. A sign erected, constructed or maintained in whole or in part upon or over the roof of a building or structure. (For illustration, see SIGN.)

   SIGN, SANDWICH. A two-sided sign of a temporary nature not exceeding ten square feet per side.

   SIGN, STREET NUMBER. The numerals that correspond with the address of the lot, building or structure. These are subject to the requirements and restrictions of Article VII of this appendix.

   SIGN, TEMPORARY. A temporary sign is characterized by materials, construction, design and placement that allow the sign to be easily removed and carried away. A TEMPORARY SIGN may not be attached to any structure, affixed to the real estate or otherwise be permanent in nature.

   SIGN, WALL-MOUNTED. A sign affixed to any exterior surface of a building. (For illustration, see SIGN.)

   SIGN, WALL-PAINTED. A sign painted on any exterior surface of a building.

   SOIL FILL. Addition of any kind of soil or earth matter, including topsoil, sand, gravel, clay, rock or similar materials or a combination thereof, utilized to raise the elevation of land and/or to alter drainage patterns.

   SOIL REMOVAL. Removal of any kind of soil or earth matter, including topsoil, sand, gravel, clay, rock or similar materials, or combination thereof, except such as is related to common household gardening and agriculture.

   STORY. The portion of a building, except as hereinafter provided, between the surface of any floor and the surface of the floor next above, or if there be no floor above it, then the space between the floor and the ceiling next above it and including cellars and basements used for dwelling or business purposes. A “mezzanine” shall be deemed a full STORY when it covers more than 50% of the horizontal area of the story underneath said mezzanine or if the vertical distance from the floor next below it to the floor next above it is 24 feet or more.

   STORY, HALF. The part of a building between a pitched roof and the uppermost full story, said part having a finished floor area which does not exceed one-half the floor area of said uppermost full story or a basement not used for dwelling or business purposes.

   STREET. A thoroughfare which affords traffic circulation and a principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare, except an alley. Improved public streets are those constructed according to standards existing at the time of new construction.

   STREET, ARTERIAL. A street designated on the official thoroughfare plan as “arterial”. Such streets are designated to carry large volumes of traffic. Certain ARTERIAL STREETS may be designated as limited access highways to which entrances and exits are provided only at controlled intersections and access is denied to abutting properties.

   STREET, COLLECTOR. A street planned to facilitate the collection of traffic from local streets and to provide circulation within neighborhood areas and convenient ways for traffic to reach arterial streets. Such streets are designated as “collector” on the official thoroughfare plan.

   STREET, LOCAL. A street designated primarily to provide access to abutting properties.

   STREET, LOCAL COLLECTOR. A local street lying within a subdivision which, although not shown as a collector on the official thoroughfare plan, is built to collector specification and standards at the request of the Commission.

   STRUCTURE. Anything constructed or erected which requires location on the ground or attachment to something having a location on the ground, excluding only sidewalks and driveways.

   STRUCTURAL ALTERATIONS. Any change, other than incidental repairs, which would prolong the life of the supporting members of a building such as the addition, removal or alteration of bearing wall, columns, beams, girders or foundations.

   SUBDIVIDER. A person engaged in developing or improving a tract of land which complies with the definition of a subdivision. The SUBDIVIDER must be the owner of the land to be subdivided.

   SUBDIVISION.

      1.   The division of a single lot, tract or parcel of land, or a part thereof, into more than two lots, tracts, or parcels of land for the purpose, whether immediate or future, of transfer of ownership for residential, business or industrial purposes; or the division of a single lot, tract or parcel of land, or a part thereof, into more than two lots, tracts or parcels for the purpose, whether immediate or future, of building development for mobile homes, residential, business or industrial purposes; notwithstanding the above, and any one division of land into two lots, tracts or parcels of land shall preclude further division of such lot, tract or parcel of land by any other person; provided, however, that, this definition shall not include division of land for agricultural purposes only, or the sale of lots or exchange of parcels between adjoining lot owners that does not create additional building sites. In determining whether land has been divided pursuant to this definition, this definition shall apply to land as it existed as of the date of passage of Ord. 92-03 which is 1-27-1992. Any division of land from and after the passage of the above mentioned ordinance which is 1-27-1992 shall fall within the definition of subdivision as set forth above.

      2.   The following kinds of divisions are not SUBDIVISIONS and are exempt from the rules of this appendix:

         a.   A division of land for the transfer of a tract or tracts to correct errors in an existing legal description; provided that, no additional principal use building sites are created by the division; and

         b.   A division of land for federal, state or local government to acquire street right-of-way.

   SUPPLY YARDS. A business establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods. SUPPLY YARDS do not include the wrecking, salvaging, dismantling or storage of automobiles and similar vehicles.

   SWIMMING POOL. Any body of water or receptacle for water having a depth of two feet or more at any point and maintained by the owner or manager for swimming purposes, to be governed under the regulations of the municipal code for the town concerning SWIMMING POOLS.

   TEMPORARY BUILDING AND USE. A structure or use permitted by the Building Commissioner to exist during periods of construction or rehabilitation of the main building or used for special events, and shall be used only during the period of construction or rehabilitation or special event. In the event more than one storage trailer is to be used, then a variance must be obtained from the Board.

   THEATER. Any building or structure which is designed or used primarily to show business movies or plays for a profit.

   THOROUGHFARE. A public way or public place. This term includes the entire right-of-way for public use of the thoroughfare and all surface and subsurface improvements on it such as sidewalks, curbs, shoulders and utility lines, and mains.

   THOROUGHFARE PLAN. The development plan for the town now or hereafter adopted, which includes a major street and highway plan and sets forth the location, alignment, dimensions, identification and classification of existing and proposed streets, highways and other thoroughfares.

   TOWER. See COMMUNICATIONS TOWER.

   TOWER HEIGHT. The vertical distance from ground level to the highest point of the tower assembly or attached antenna or similar device, including any attached communications facilities.

   TOWER SETBACK. The horizontal distance from the base of a tower to an abutting property line, right-of-way, road, easement or structure.

   TOWN. The Town of Chesterton, Indiana.

   TOWN COUNCIL. Chesterton Town Council.

   TOXIC MATTER OR MATERIAL. A substance (liquid, solid or gaseous) which by reason of an inherent deleterious property tends to destroy life or impair health.

   TRAILER. Any vehicle, house-car, camp-car or any portable or mobile vehicle on wheels, skids, rollers or blocks, either self-propelled or propelled by any other means, which is used or designed to be used for residential living, sleeping, business or construction purposes and herein referred to as a TRAILER.

   TREE. A perennial woody plant, that ordinarily has one main stem or trunk, develops many branches and grows to a height of 20 feet or more.

   TREES, LARGE. Those capable of attaining a height of 45 feet or more at maturity.

   TREES, MEDIUM. Those capable of attaining a height of 30 to 45 feet at maturity.

   TREES, SMALL. Those capable of attaining a height of 20 to 30 feet at maturity.

   TREE PIT. The planting area located within a pedestrian walkway that is intended for the tree growth.

   USABLE OPEN SPACE. Permanently reserved open space which is provided as required by this appendix for the use of residents of dwellings or the general public.

   USE. The purpose for which land or a building thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased.

   USE, LAWFUL. The use of any structure or land that conforms with all of the regulations of this appendix, or any amendment thereto, and which conforms with all of the codes, ordinances and other legal requirements as existing at the time of the enactment of this appendix, or any amendment thereto, for the structure or land that is being examined.

   VEHICULAR USE AREAS (VUA). Any open or unenclosed area containing more than 1,800 square feet of area and/or used by five or more of any type of vehicle, whether moving or at rest, including, but not limited to, parking lots, loading/unloading areas and sales and service areas. Driveways are considered VEHICULAR USE AREAS whenever they are adjacent to public streets or other vehicular use elements and where intervening curbs, sidewalks or landscape strips do not eliminate adjacency.

   VETERINARY ANIMAL CLINIC. A place used for the care, diagnosis and treatment of sick, ailing, infirm, or injured animals and those who are in need of medical or surgical attention, and may include overnight accommodations on the premises for treatment, observation and or recuperation. It may also include boarding that is incidental to the principal activity or use.

   WAREHOUSE. Any building or structure in which the primary function of the building or structure is to store materials or products for use at a later date, excluding retail or wholesale sales even if secondary to the principal use of storage.

   WIRELESS COMMUNICATIONS. The technology by which communication or radio signals are transmitted or received from one communication source to another. This includes portable units, mobile units, fixed land based units, of satellite radio, telephone or television, whether analog or digital, and not otherwise exempted by federal regulations.

   YARD. The area of a lot not occupied by any building or structure.

   YARD, FRONT. A yard extending the full length of a front lot line, the depth of which is the minimum distance between the front lot line and the nearest part of the main building. (For illustration, see YARD.)

   YARD, REAR. A yard extending the full length of a rear lot line, the depth of which is the minimum distance between the rear lot line and the nearest part of the main building. On lots abutting streams, the REAR YARD shall be considered the area between the main building and said stream. (For illustration, see YARD.)

   YARD, SIDE. A yard extending along a side lot line between the front yard and the rear yard, the width of which is the minimum distance between the side lot line and the nearest part of the main building. (For illustration, see YARD.)

   ZONING DISTRICTS. The districts into which the town has been divided for zoning regulations and requirements as set forth in the zoning district map.

   ZONING MAP. The map or maps incorporated into this appendix as part thereof, designating zoning districts.