(Ord. 081919D, 08/19/2019; Ord. 111620B, 12/21/2020; Ord. 062121B, 07/19/2021; Ord. 041822E, 05/16/2022; Ord. 100625A, 11/17/2025) 

1. All words and terms used have their commonly accepted and ordinary meaning unless they are specifically defined in the UDO or the context in which they are used clearly indicates to the contrary.
2. In the absence of court decisions or Board decisions specifically interpreting a provision in question, specific definitions listed in the UDO or previous interpretations of a provision by the Director, the meaning of provisions shall be based on the following general hierarchy of sources:
   1. For a legal term, definitions in a legal dictionary or if not a legal term, definitions in an ordinary dictionary;
   2. Statements of the purpose and intent of sections or background reports and studies adopted or referred to in the UDO, although such documents cannot overrule a specific code provision;
   3. Minutes of discussions of legislative or advisory bodies considering adoption of the provision in question;
   4. Definitions of similar terms contained in Federal and State statutes and regulations; and
   5. Ordinary rules of grammar.
3. When vagueness or ambiguity is found to exist as to the meaning of any word or term used, any appropriate cannon, maxim, principle or other technical rule of interpretations or construction used by the courts of this State may be employed to resolve vagueness and ambiguity in language.

Effective on: 1/1/1901

1. The graphics, illustrations, photographs and flowcharts used to explain visually certain provisions of the UDO are for illustrative purposes only. Where there is a conflict between a graphic, illustration, photograph or flowchart and the text of the UDO, the text of the UDO controls.
2. Certain images in the UDO were created by a consultant and are the property of the City of Fishers as part of this UDO. Other images are the property of Raleigh, North Carolina and Palm Desert, California, and were used with their permission. 

Effective on: 1/1/1901

1. BFE: Base Flood Elevation
2. DBH: Diameter at Breast Height
3. DNR: Department of Natural Resources (Indiana)
4. FAA: Federal Aviation Administration
5. FC: Footcandle
6. FEMA: Federal Emergency Management Agency
7. FIA: Federal Insurance Administration
8. FIRM: Flood Insurance Rate Map
9. INDOT: Indiana Department of Transpiration
10. NAVD: North American Vertical Datum of 1988 (as adopted in 1993 is a vertical control datum used as a reference for establishing varying elevations within a floodplain).
11. NFIP: National Flood Insurance Program
12. PUD: Planned Unit Development

Effective on: 1/1/1901

‘A’ Zone. Portions of the SFHA in which the principal source of flooding is runoff from rainfall, snowmelt, or a combination of both. In A zone, floodwaters may move slowly or rapidly, but waves are usually not a significant threat to buildings. These areas are labeled as Zone A, Zone AE, Zones A1-A30, Zone AO, Zone AH, Zone AR and Zone A99 on a FIRM or FHBM. The definitions are presented below:

1. Zone A. Areas subject to inundation by the one-percent annual chance flood event. Because detailed hydraulic analyses have not been performed, no BFE or depths are shown. Mandatory flood insurance purchase requirements apply.
2. Zone AE and A1-A30. Areas subject to inundation by the one-percent annual chance flood event determined by detailed methods. BFEs are shown within these zones. Mandatory flood insurance purchase requirements apply. (Zone AE is on new and revised maps in place of Zones A1-A30.)
3. Zone AO. Areas subject to inundation by one-percent annual chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one (1) and three (3) feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone. Mandatory flood insurance purchase requirements apply.
4. Zone AH. Areas subject to inundation by one-percent annual chance shallow flooding (usually areas of ponding) where average depths are between one (1) to three (3) feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone. Mandatory flood insurance purchase requirements apply.
5. Zone AR. Areas that result from the decertification of a previously accredited flood protection system that is determined to be in the process of being restored to provide base flood protection. Mandatory flood insurance purchase requirements apply.
6. Zone A99. Areas subject to inundation by the one-percent annual chance flood event, but which will ultimately be protected upon completion of an under-construction federal flood protection system. These are areas of special flood hazard where enough progress has been made on the construction of a protection system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. Zone A99 may only be used when the flood protection system has reached specified statutory progress toward completion. No BFEs or depths are shown. Mandatory flood insurance purchase requirements apply.

Effective on: 1/1/1901

Abandoned Sign. A sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product or activity, and/or for which no legal owner can be found.

Effective on: 1/1/1901

Aboveground Utility Facility. Permanently located and installed electrical generators, pipeline pumping stations, public wells, water towers, telephone exchanges, utility substations, and the like.

Effective on: 1/1/1901

Abutting. Bordering or contiguous.

Effective on: 1/1/1901

Accessory Sign. A sign which is related to the primary use of the premises.

Effective on: 1/1/1901

Accessory Structure or Use. Any structure or use subordinate in both purpose and size that is incidental to and customarily associated with any principal structure or principal use that is located on the same lot.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

Agricultural Processing. The use of land for activities involving a variety of operations on crops or livestock which may generate dust, noise, odors, pollutants, or visual impacts that could adversely affect adjacent properties. Example uses include, but are not limited to: slaughterhouses, mills, refineries, canneries, coffee roasting, food processing, granaries, grain processing, commercial hatcheries, poultry processing plants, fat rendering, manufacturing of commercial fertilizer, starch manufacturing, and milk processing plants or other treatment of agricultural products which changes the naturally grown product for consumer use.

Effective on: 1/1/1901

Agricultural Use. The use of land for farming, including plowing, tilling, cropping, installation of best management practices, seeding, cultivating, or harvesting for the production of food and fiber products (except commercial logging and timber harvesting operations); the grazing or raising of Livestock (except in confined feed yards); dairy farming; aquaculture; sod production; horticulture; orchards; tree farms; and the cultivation of products as part of a recognized commercial enterprise; and related buildings (e.g., barns, Stables, sheds, feeding bins). Agritourism Use (or Agritainment Use): An agriculturally-based operation or activity that brings visitors to an operational farm, and that may include, but is not limited to, uses and activities such as: pumpkin patches, Christmas tree sales, animal interaction exhibits (i.e. petting zoo, pony rides), apple or strawberry picking, seasonal or holiday activities (i.e. corn mazes, hay or wagon rides, straw piles, haunted houses), family-oriented activities (i.e. bounce houses, pedal cars, kiddie rides), creamery, vineyards, breweries, educational experiences or tours, limited retail sales of products not produced on-site (i.e. country store, activity ticket sales), related beverage or food sales (i.e. tasting facilities, lunch counters, dairy bar, refreshment or specialty food stands), and related ancillary uses and buildings.

Effective on: 1/1/1901

Adult Bookstore. An establishment having more than 10% of its stock in trade and/or sales area in books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or sexual anatomical areas.

Effective on: 1/1/1901

Adult Business. Any commercial activity whether conducted intermittently or full time, which primarily involves the sale, display, exhibition, or viewing of books, magazines, films, photographs, or other materials, distinguished or characterized by an emphasis on matter depicting, describing, or relating to human sex acts, or by an emphasis on male or female genitals, buttocks, or female breasts. See also Sec. 5.4.2B. Adult Entertainment for listed uses.

Effective on: 1/1/1901

Adult Entertainment. An adult bookstore, adult retail store, adult motion picture theater, or adult strip club or like uses.

Effective on: 1/1/1901

Aggregate Side Setback. The sum of the least two (2) side setbacks of a structure, one (1) on either side.

Effective on: 1/1/1901

Agricultural Building. A structure utilized for the conduct of farming operations, not including a dwelling.

Effective on: 1/1/1901

Airport. Any area of land or use devoted to the take-off, landing and storing and servicing of aircraft, and any appurtenant areas designated, set aside, used, or intended for use for related buildings and facilities located thereon.

Effective on: 1/1/1901

Alley. A public right-of-way and thoroughfare, other than a street, road, crosswalk or easement, providing a secondary means of access to the abutting properties.

Effective on: 1/1/1901

ANSI. American National Standards Institute.

Effective on: 4/21/2025

Alternative Transportation Plan. A plan which illustrates bicycle and pedestrian corridors throughout the jurisdiction of the Commission, as incorporated into the Thoroughfare Plan.

Effective on: 1/1/1901

Amenity Area. An outdoor facility, which may include an accessory clubhouse, provided as part of a residential development that is owned and maintained by the owners’ association or property owner primarily for the use of the residents of the development. The term includes community swimming pools, tennis courts, basketball courts, and the like.

Effective on: 1/1/1901

Antenna. Any system of wires, poles, rods, reflecting discs, or devices used for the transmission or reception of electromagnetic or radio waves.

Effective on: 1/1/1901

Appellant. A person filing any type of appeal.

Effective on: 1/1/1901

Applicant. The owner, owners, or legal representative of lot who makes application to the City for action affecting the lot owned thereby.

Effective on: 1/1/1901

Architectural Features Prominent or decorative elements of a building's exterior that provide visual interest and break up large wall surfaces. These include, but are not limited to:

Entrances & Openings: Architectural canopies or awnings over entries, decorative lintels or sills above windows, balconies, transom windows, and ornamental window  hoods.

Vertical & Horizontal Detail: Columns, pilasters, quoining, horizontal banding, and textured masonry at the base.

Roof & Wall Transitions: Eaves, cornices, decorative caps on masonry banding, and modulation of the roof plane or parapet height.

Integrated Elements: Ground-level windows, raised planters, and architectural reveals that add depth to the façade.  

Effective on: 4/20/2026

Architectural Projections. Projections from a building which are necessary for the shading of a building or features such as sills, cornices, and chimneys. Such projections may extend into required yards only as allowed by the provisions of this UDO.

Effective on: 1/1/1901

Area of Shallow Flooding. A designated AO or AH Zone on the FIRM with base flood depths from one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Effective on: 1/1/1901

Arterial Street. Any thoroughfare so designated on the Transportation Plan.

Effective on: 1/1/1901

Attached Structure. A structure that is structurally connected to another structure by a foundation, wall, bridge, or roof line, or appears to be connected. Carports, garages, porch awnings and the like are considered attached structures and must abide by all regulations pertaining to primary structures.

Effective on: 1/1/1901

Automobile Repair Garage. A building other than a private garage used for the care, repair, or equipment of automobiles, or where such vehicles are parked or stored for remuneration, hire, or sale.

Effective on: 1/1/1901

Awning or Canopy Sign. A sign that is painted, stamped, perforated, stitched or otherwise applied on the surface of an awning.

Effective on: 4/21/2025

Average Daily Traffic (ADT). The estimated daily average number of vehicular travelers on a street in a 24-hour period.

Effective on: 1/1/1901

Average Setback. An average of a given (i.e. front, side, or rear) setback of structures on either side of the subject property. If the average setback encroaches into the right-of-way, permission is not required from the Board. If the subject property is a corner lot, the average of the front setback of structures adjacent to the subject property, along with the front setback of structures directly across the street from the subject property shall be used.

Effective on: 1/1/1901

‘B’ Zone. See “Zone B, C, and X.”

Effective on: 1/1/1901

Baby Farm Animal. Any farm animal which has not reached mature adulthood.

Effective on: 1/1/1901

Banner. Any hanging sign possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind. This classification shall not include plastic or fabric signs which are permanently attached within a rigid frame which are intended to be used as a permanent sign. National flags, flags of political subdivisions, and symbolic flags of any institution or business shall not be considered banners for the UDO.

Effective on: 1/1/1901

Bar, Nightclub, Tavern, Lounge. A facility that prepares and sells food and drink that has alcoholic beverage sales more than 70% of the business’s total annual sales.

Effective on: 1/1/1901

Base Flood Elevation (BFE). The elevation of the one-percent annual chance flood.

Effective on: 1/1/1901

Base Zoning District. In the case of an overlay district, the standard zoning district in which the parcel or tract is located, and the standards of which apply when the overlay district regulations are silent on any given point.

Effective on: 1/1/1901

Basement. That portion of a building below the ground level having one-half or more of its interior vertical height clearance below the average grade level. 

Effective on: 4/21/2025

Battery(ies). A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this law, batteries utilized in consumer products are excluded from these requirements. 

Effective on: 4/21/2025

Battery Energy Storage Management System. An electronic system that monitors, controls, and optimizes performance of an individual or multiple battery modules, protects energy storage systems from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected. 

Effective on: 4/21/2025

Battery Energy Storage System (BESS). One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle. A battery energy storage system is classified as a Tier 1 or Tier 2 Battery Energy Storage System as follows: 

1. A.
   Tier 1 Battery Energy Storage Systems have an aggregate energy capacity less than or equal to 600kWh and, if in a room or enclosed area, consist of only a single energy storage system technology. 

   1. 1.
      One-, Two-family residential dwellings. Individual Energy Storage Systems (also known as a battery bank) shall have a maximum stored energy of 20 kWh. The aggregate energy capacity of the battery energy storage systems for one- and two-family residential dwellings, comprised of one or more individual BESS, shall not exceed the following for each location listed: 

      1. a.
         Forty (40) kWh within utility closets, basements, and storage or utility spaces. 
      2. b.
         Eighty (80) kWh in attached or detached garages and detached accessory structures.  
      3. c.
         Eighty (80) kWh where outdoor wall mounted. 
      4. d.
         Eighty (80) kWh where outdoors ground mounted. 
2. B.
   Tier 2 Battery Energy Storage Systems have an aggregate energy capacity greater than 600kWh or are 
   comprised of more than one storage battery technology in a room or enclosed area. 

Effective on: 4/21/2025

Bed and Breakfast. An operator-occupied historic residence or expanded historic residence that:

1. Provides sleeping accommodations to the public for a fee;
2. Has no more than 14 guest rooms;
3. Provides breakfast to its guests as part of the fees; and,
4. Provides sleeping accommodations for no more than 30 consecutive days to a guest.
5. The term does not include hotels, motels, health or limited care facilities, boarding houses, group quarters, hospice, rescue missions or food service establishments.

Effective on: 1/1/1901

Berm. A landscape feature used for screening in which earth is piled up in irregular, round or oblong shapes. Particularly, berms do not have consistent crest elevations, but are irregular in form and overlapping such to emulate a more natural landscape feature. Berms in combination with other landscape material are used to block or partially block visibility from one side to the other.

Effective on: 1/1/1901

Bioretention Facilities (rain gardens). A stormwater management system that uses soil and plants to absorb stormwater runoff and to capture pollutants. These are small landscaped basins intended to provide water quality management by filtering stormwater runoff before release into a storm drain system. (Refer to City of Fishers Stormwater Technical Standards Manual). 

Effective on: 4/21/2025

Big-box Structure. A big-box structure is any retail building or tenant space of at least 70,000 square feet, which purpose is to provide space for a single user.

Effective on: 1/1/1901

Bioswale. A bioswale is a shallow depression created in the earth to accept and convey stormwater runoff. A 
bioswale uses natural means, including vegetation and soil, to treat stormwater by filtering out contaminants 
being conveyed in the water (Refer to City of Fishers Stormwater Technical Standards Manual). 

Effective on: 4/21/2025

Block. An area of land bounded by streets or by a combination of streets and public land, rights-of-way, common area, railroad rights-of-way, waterways, or any other barrier to the continuity of development.

Effective on: 1/1/1901

Block Frontage. Property having frontage on one (1) side of a street and lying between the two (2) nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, waterway, or another barrier.

Effective on: 1/1/1901

Bond. Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the City.

Effective on: 1/1/1901

Buffer Landscaping. Any trees, shrubs, walls, fences, berms, space, or related landscaping features required under the UDO for buffering lots from adjacent properties or public rights-of-way for increasing visual shielding or other aspects of privacy and/or aesthetics.

Effective on: 1/1/1901

Buffer Yard. An area adjacent to front, side and rear property lines, measured perpendicularly from and parallel to adjacent property lines and/or right-of-way lines, intended to provide attractive spaces to reduce the impacts of proposed uses on adjacent property or natural features and to screen incompatible uses from each other and from the right-of-way. Buffers also help to maintain existing trees or natural vegetation, to block or reduce noise, glare or other emissions and to maintain privacy. Buffer yards are in addition to (separate from) front, rear, or side yard setbacks.

Effective on: 1/1/1901

Building. Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, or property of any kind, having an enclosed space and a permanent roof supported by columns or walls and permanently affixed to the land. 

Effective on: 4/21/2025

Building Area. The horizontal area of the buildings on a lot, measured from the outside exterior walls, excluding open areas or terraces, unenclosed porches or decks, and architectural features that project no more than two (2) feet.

Effective on: 1/1/1901

Building Code. The Indiana Building Code which establishes and controls the standards for constructing all forms of permanent structures and related matters. Also referred to herein as the City Building Code.

Effective on: 1/1/1901

Building Envelope. The setback lines that establishes an area on a lot in which building can occur.

Effective on: 1/1/1901

Building Frontage. The length of an outside building wall on a dedicated public or private street.

Effective on: 1/1/1901

Building Height. The vertical distance measured from the lot average grade to the highest point of the roof, not including a maximum parapet wall encroachment. More standards on building height measurements in Section 6.1.4.C.

Effective on: 4/21/2025

Building Line/Building Setback Line. The line that establishes the minimum permitted distance on a lot between the front line of a building and the street right-of-way line, limits of public or private street or easement.

Effective on: 1/1/1901

Building Permit. A document signed by the Director stating that the permitted improvements or proposed construction complies with all applicable provisions of Title XV: Land Usage of the City of City Code of Ordinances.

Effective on: 1/1/1901

Building Separation. The least distance between the walls of two (2) structures, regardless of whether they are located on the same lot or parcel.

Effective on: 1/1/1901

‘C’ Zone. See “Zone B, C, and X.”

Effective on: 1/1/1901

Caliper.  The American Association of Nurserymen Standard for trunk measurement of nursery stock. Caliper of the trunk shall be taken six inches above the ground for up to and including four-inch caliper sizes, and twelve inches above the ground for larger trees. 

Effective on: 4/21/2025

Candela. Unit of luminous intensity in the International System of Units (SI). Used to measure the amount of light emitted by lamps.

Effective on: 1/1/1901

Canopy Tree. Deciduous trees that grow to at least 40 feet in height and that has a canopy that is round or oval. Conical or tubular shaped trees are not canopy trees.

Effective on: 1/1/1901

Car Condominium. A facility for long term storage of vehicles, maintenance on vehicles, workshops or lounges for vehicle enthusiasts, or other shared spaces for vehicle enthusiasts. 

Effective on: 1/1/1901

Cell. The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy. 

Effective on: 4/21/2025

Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, including columbaria, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery. 

Effective on: 4/21/2025

Certificate of Compliance. A certificate that is issued prior to the certificate of occupancy stating that the building, structure or use has been constructed and complies with the provisions of the UDO, developer commitments, and all conditions of the Commission or Board.

Effective on: 1/1/1901

Certificate of Occupancy. A certificate issued by the Director stating that, at the time of issuance, the occupancy and use of a building or structure complies with the provisions of all applicable City Codes and Ordinances.

Effective on: 1/1/1901

Change of Tenant. Any tenant that differs from the previous tenant of a building or land.

(Ord. 062121B, 07/19/2021)

Effective on: 7/19/2021

Clinic. An establishment in which patients are admitted for medical or dental study or treatment and in which the services of at least two (2) physicians, dentists or chiropractors and other medical practitioners are provided. 

(Ord. 011822, 02/21/2022)

Effective on: 7/20/2018

Club House. A building used in association with an amenity, in which may be locker rooms, administration offices, golf cart storage and maintenance, restrooms, lounges, meeting space, snack bar, banquet facilities and retail sales of products related to the use of the amenity.

Effective on: 1/1/1901

Coffee House. A restaurant primarily offering coffee, tea, and other beverages, and where light refreshments and limited menu items may also be sold at a counter or at a drive-up window for motor vehicles.

Effective on: 1/1/1901

Collocation. A space on an existing or proposed telecommunication tower that can be used for the installation and/ or mounting of antennas or radio or cellular communication equipment that operates on a different frequency from the initial user.

Effective on: 1/1/1901

Columbarium. A structure or room or space in a building or structure used or intended to be used for the inurnment or cremated human remains.

Effective on: 4/20/2026

Commercial Sign. A sign whose display area is sold or leased. 

Effective on: 4/21/2025

Community Center. A building available to the public for community activities, meetings, banquets, projects, gatherings, and the like.

Effective on: 1/1/1901

Community Rating System (CRS). A program developed by the Federal Insurance Administration to provide incentives for those communities in the Regular Program that have gone beyond the minimum floodplain management regulations to develop extra measures to provide protection from flooding.

Effective on: 1/1/1901

Comprehensive Plan. The complete plan, or any of its parts, for the development of the City, prepared by the Commission and adopted in accordance with IC 36-7-4-500. as it now or may hereafter be in effect.

Effective on: 1/1/1901

Concept Plan. A plan for a subdivision or development of land, brought by the petitioner to the pre-submittal meeting, that shows in general terms the proposed land use, density, circulation, natural characteristics, and typical development of the area to be developed, as well as adjacent affected properties, and traffic.

Effective on: 1/1/1901

Condition of Approval. Stipulations or provisions attached to the approval of a project by the Board or Commission that must be met as a prerequisite for a Certificate of Occupancy.

Effective on: 1/1/1901

Condominium. Real estate lawfully subject to IC 32-25, by the recording of condominium instruments, in which undivided interests in the common areas and facilities are vested in the condominium unit owners.

Effective on: 1/1/1901

Confined Feeding Operation. A confined feeding operation as defined by IC 13-11- 2-40, as amended, and confined feeding as defined by IC 13-11-2-39, as amended.

Effective on: 1/1/1901

Confinement Area. Any area, structure, kennel, stall, coop, pin, or other element in which farm animals are housed in, and including the immediate area which controls the movement of those animals.

Effective on: 1/1/1901

Conflicting Use. For purposes of determining applicable buffer yard standards, uses that are considered 'conflicting' are detailed in the buffer yard standards of Article 6.7. Landscaping Standards.

Effective on: 7/20/2018

Conservation Easement. Those places on a lot or development that are identified for protecting certain elements or the land and/or natural vegetation. 

Effective on: 4/21/2025

Construction Plan. The maps or drawings showing the specific location and design of improvements to be installed.

Effective on: 1/1/1901

Continuous Berm. A landscape feature used for screening in which a continuous raised section of earth is used to block or partially block visibility from one side to the other. Continuous berms are linear with a top elevation (crest) relatively consistent from one end to the other.

Effective on: 1/1/1901

Convenience Store. An establishment where food stuffs, patent medicines, periodicals, and other similar items of household convenience are kept for retail sale to the public.

Effective on: 1/1/1901

Cool Roof. A roof designed to reflect more sunlight and absorb less heat than a standard roof, which is 
composed of a highly reflective type of paint, a sheet covering, or highly reflective tiles or shingles. 

Effective on: 4/21/2025

Copy. The wording of a sign in either permanent or removable letter form.

Effective on: 1/1/1901

Corner Lot. A lot at the junction of and abutting two (2) or more intersecting streets.

Effective on: 1/1/1901

Cornice. A molded ornamental projection which crowns or finishes the top of a building or wall to which it is affixed.

Effective on: 1/1/1901

Cottage Court. A cluster of at least five single-unit and/or two-unit dwellings located within a common development that use shared access, parking, and common spaces. Cottage developments can include homes on individual lots, homes owned as condominiums, or leased homes. This use may include factory built single-unit and/or two-unit dwellings provided that each home meets either the Indiana Building Code or the federal Manufactured Housing Construction and Safety Standards Law of 1974 (42 U.S.C. 5401 et seq.), and that each dwelling has any wheels removed, is mounted on a permanent foundation, and is connected to city water, sewer, and electric services. This definition shall not include a “Manufactured Home Park.” 

Effective on: 4/21/2025

Covenants. Private and legal restrictions of various kinds on the usage of lots, typically within a subdivision and applied by the applicant of a subdivision. In the case of public health, safety and welfare, covenants may be applied by the Commission, that are recorded with the plat and deed. Covenants can also be placed on commercial and industrial developments. Unless specifically agreed to, covenants are not enforceable by the Commission or its designees. However, they are enforceable in civil court by interested or affected parties.

Effective on: 1/1/1901

Crematorium. A building or structure, including a holding facility, where human or animal remains are or are intended to be cremated.

Effective on: 4/20/2026

Critical Facility. A facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire, and emergency response installations, installations that produce, use or store hazardous materials or hazardous waste.

Effective on: 1/1/1901

Critical Habitats. Land with plant and animal species which are listed as threatened or endangered by the DNR publication Indiana’s Rare Plants and Animals.

Effective on: 1/1/1901

Critical Root Zone. The area of undisturbed natural soil around a tree defined by a horizontal circle drawn at grade with the center being the center of the trunk of the tree and a radius equal to the distance from the trunk to the outermost portion of the drip line. 

Effective on: 4/21/2025

Crown Form (Shape). The configuration crown of a standing tree or shrub (circle, triangle, parabola, rectangle, or horizontal ellipse). 

Effective on: 4/21/2025

Cul-de-sac. A street having one end open to traffic and being permanently terminated by a vehicular turnaround at the other end.

Effective on: 1/1/1901

Decibel. A unit of measurement of the intensity of loudness of sound. Sound level meters are used to measure such intensities and are calibrated in decibels.

Effective on: 1/1/1901

Dedication. The setting apart of land or interests in land for use by the municipality or public by ordinance, resolution, or entry in the official minutes as by the recording of a plat.

Effective on: 1/1/1901

Default Zoning District. In the case of a Planned Unit Development, the standard zoning district the standards of which apply when the PUD District Ordinance regulations are silent on any given point.

Effective on: 1/1/1901

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. The designed fail area shall be certified by a structural engineer.

Effective on: 1/1/1901

Detailed Development Plan. The initial Development Plan petition for a Planned Unit Development following approval by the Council of the Concept Plan and PUD District Ordinance petition. The Detailed Development Plan incorporates the Primary Plat petition in Planned Unit Developments that are being subdivided.

Effective on: 1/1/1901

Detached Building. A building that has no structural connection with the primary building or any other building or structure.

Effective on: 1/1/1901

Developer. The owner or legal representative of land proposed to be subdivided or residentially/commercially/ industrially utilized.

Effective on: 1/1/1901

Development. Any man-made change to improved or unimproved real estate including but not limited to:

1. Construction, reconstruction, or placement of a structure or any addition to a structure;
2. Installing a manufactured home on a site, preparing a site for a manufactured home or installing recreational vehicle on a site for more than 180 days;
3. Installing utilities, erection of walls and fences, construction of roads, or similar projects;
4. Construction of flood control structures such as levees, dikes, dams, channel improvements, etc.;
5. Mining, dredging, filling, grading, excavation, or drilling operations;
6. Construction and/or reconstruction of bridges or culverts;
7. Storage of materials; or
8. Any other activity that might change the direction, height, or velocity of flood or surface waters.

"Development" does not include activities such as the maintenance of existing structures and facilities such as painting, reroofing; resurfacing roads; or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent structures.

Effective on: 1/1/1901

Development Plan. A petition conforming to the requirements of IC 36-7-4-1400, et seq. and Sec. 10.2.10. Development Plan Review.

Effective on: 1/1/1901

Development Standards Variance. A specific approval granted by the Board in the manner prescribed by the UDO, to deviate from the development standards (such as height, bulk, area) that the Ordinance otherwise prescribes.

Effective on: 1/1/1901

Diameter at Breast Height (DBH). The diameter of a tree four and one-half (4’6”) feet above the average ground level. If the tree’s trunk splits or the tree is not over four and one-half (4’6”) feet tall, the diameter measurement of the trunk taken 12 inches above the ground level or the root ball shall constitute DBH.

Effective on: 1/1/1901

Directional Sign. A sign intending to direct the safe flow of vehicular and pedestrian traffic and includes “enter,” “exit,” and “arrow” signs.

Effective on: 1/1/1901

Double-Faced Sign. A sign having two (2) display surfaces, not necessarily displaying the same copy, which are usually parallel and back to back and not more than 24 inches apart. When the display surfaces of a double-faced sign are not parallel, the interior angle created by said surfaces shall not exceed 90º and the two (2) surfaces shall not be more than 24 inches apart at the apex of said angle.

Effective on: 1/1/1901

Drive-Through. An accessory feature of an establishment including service units and stacking spaces that permits customers to receive services or obtain goods while remaining in or on a motor vehicle (e.g., food and beverage establishments, banking terminals, pharmacy pickup, and other similar uses commonly referred to as drive-up, drive-through, or take-out).  This definition excludes gasoline service stations, drive-in theatres, and drive-in restaurants where orders are taken, and food delivered to a motor vehicle that remains in a parking space.  

Effective on: 4/21/2025

Drip Line. A vertical line running around or encompassing the outermost portions of the tree canopy extending to the ground.

Effective on: 1/1/1901

Dwelling. A building or structure or portion thereof that is used exclusively for residential occupancy, including single-family dwelling units, two-family dwelling units, and multi-family dwelling units, but excluding hotels, motels, and boarding houses.

Effective on: 1/1/1901

Dwelling Site. A site within a manufactured home park and/or mobile home park with required improvements and utilities that is leased for the long-term placement of a manufactured home and/or mobile home.

Effective on: 1/1/1901

Dwelling Unit (d.u.). Any structure or portion thereof designed for or used for residential purposes as a self-sufficient or individual unit by one (1) family or other social association of persons and having permanently installed sleeping, cooking, and sanitary facilities.

Effective on: 1/1/1901

Eating Establishment. A facility that prepares and sells food and drink that may or may not have alcoholic beverage sales. If allowed in no case can alcoholic beverage sales exceed 70% of the business’s total annual sales.

Effective on: 1/1/1901

Elevated Structure. A non-basement structure built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, filled stem wall foundations (also called chain walls), pilings, or columns (posts and piers).

Effective on: 1/1/1901

Elevation Certificate. A certified statement that verifies a structure’s elevation information.

Effective on: 1/1/1901

Electric Vehicle (EV). EV means any motor vehicle that is licensed and registered for operation on public and private highways, roads, and streets, and that operates either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board via a battery for motive purpose. Electric Vehicle includes: a battery electric vehicle; and a plug-in hybrid electric vehicle. Electric Vehicle does not include an electric bicycle. 

Effective on: 4/21/2025

Electric Vehicle Supply Equipment (EVSE). EVSE are the conductors, including the ungrounded, grounded, and equipment grounding conductors, and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises wiring and the electric vehicle. 

Effective on: 4/21/2025

Electric Vehicle Charging Facility. This term is intended to denote EV charging use as a primary use on a property. A facility where electricity is provided directly to the public on the premises for purposes of charging electric vehicles at one or more electric vehicle charging stations. An Electric Vehicle Charging Facility may also retail minor accessories but may not provide other types of vehicle fuel, such as gasoline. This use does not necessitate construction of a building to serve as a primary building on site. 

Effective on: 4/21/2025

Electric Vehicle Charging Station. This term is intended to denote EV charging use as an accessory use on a  property. A parking space, or parking spaces, that is, or are, equipped with and served by electric vehicle supply equipment for the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle. The most common verbiage to describe different levels of charging are Level 1, 2, and 3, and include the following specifications:

1. A.
   Level 1 is considered slow charging and operates on a 15 to 20 amp breaker on a 120 volt AC circuit. 
2. B.
   Level 2 is considered medium charging and operates on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit. 
3. C.
   Level 3 and higher or DCFC (Direct Current Fast Charging) is considered “fast” or “rapid” charging and typically operates on a 60 amp or higher breaker on a 480 volt or higher three phase circuit with special grounding equipment. Level 3 stations are primarily for commercial and public applications and are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles. 

Effective on: 4/21/2025

EVCS Bay. An EVCS bay is an EVCS for vehicles that are larger than a typical parking space that can fit vehicles with trailers, vans, buses, or semi-trucks.  

Effective on: 4/21/2025

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

Effective on: 1/1/1901

Established Setback. A dimension extending across the full width or depth of the lot between the primary structure and any lot line, the depth of which is the least distance between the given lot line and the primary structure.

Effective on: 1/1/1901

Established Yard.

1. A.
   Front. A yard extending across the full width of the lot between the primary building and the front lot line, the depth of which is the least distance between the front lot line and the building.

   1. 1.
      Primary Front Established Yard. On single- and two-family residential corner and through lots, it is an established front yard between the primary building and the primary front lot line. 
   2. 2.
      Non-Primary Front Established Yard. On single- and two-family residential corner and through lots, it is an established front yard between the primary building and the non-primary front lot line.  
2. B.
   Side. A yard extending the full depth of the lot between the side of the primary building and the side lot line, the width of which is the least distance between the side lot line and the side of such primary building.
3. C.
   Rear. A yard extending across the full width of the lot between the rear of the primary building and the rear lot line, the depth of which is the least distance between the rear lot line and the rear of such primary building.

Effective on: 4/21/2025

EV-Ready Space. A designated parking space which is provided with a dedicated branch circuit that is not less than 40-ampere and 208/240-volt assigned for electric vehicle supply equipment (EVSE) terminating in a receptacle or junction box located in close proximity to the proposed location of the EV parking space. For two adjacent EV-Ready spaces, a single branch circuit is permitted. The electrical panel directory and receptacle or junction box must both be permanently marked “For future electric vehicle supply equipment”. 

Effective on: 4/21/2025

EV-Installed Space. A designated parking space that is served by an electric vehicle charging station (EVCS), at a minimum of Level 2. 

Effective on: 4/21/2025

Existing Manufactured Home Park or Subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the City’s first floodplain ordinance.

Effective on: 1/1/1901

Existing Significant Plant Material. Evergreens over six (6) feet in height, deciduous trees over two and one-half (2.5) inches DBH, and shrubs over four (4) feet in height.

Effective on: 1/1/1901

Expanded Historic Residence. A single historic residence whose existing square footage has been enlarged by way of architectural addition, provided, however, that the architectural addition:

1. May exceed the existing square footage of the Historic Residence only to a maximum of two (2) times the total enclosed floor space of the existing structure and only so long as the addition is subordinate to the existing structure;
2. Cannot change the residential appearance of the Historic Residence or the lot;
3. Shall be designed and constructed in the established style of the existing Historic Residence; and,
4. The architectural design and historic construction materials shall maintain the style and integrity of the existing Historic Residence.

The Director shall make an initial determination, in writing, that the proposed architectural additions are architecturally consistent with the Historic Residence.

Effective on: 1/1/1901

Expansion to an Existing Manufactured Home Park or Subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Effective on: 1/1/1901

Façade. The face of an elevation of a building.

Effective on: 1/1/1901

Family. An individual, or two (2) or more persons related by blood, marriage, or adoption, or a group of not more than two (2) persons, not related by blood, marriage, or adoption, living together as a single housekeeping unit in a dwelling unit.

Effective on: 1/1/1901

Farm. A tract of land comprising an area which is devoted to agricultural operations, such as forestry, the growing of crops, pasturage, the production of livestock or poultry, the growing of trees, shrubs or plants, and other recognized agricultural pursuits and including accessory buildings essential to the operation of the farm.

Effective on: 1/1/1901

Farm Animal Unit (FAU). A farm animal unit is a value factor assigned to balance the difference in physical size, health needs, nuisance issues and other differences of various farm animals.

Effective on: 1/1/1901

Fast Food/Quick Service. Restaurant where food is prepared and available before an order is placed, the meal is paid for prior to consumption, customers often order from a menu board, are served their food at a counter or in a motor vehicle in packages prepared to leave the premises or may be taken to a table or counter to be consumed (see also Sec. 5.4.8.D. Fast Food/Quick Service).

Effective on: 1/1/1901

Faux Window. A faux window is a portion of the façade enclosed with a decorative trim such as stone or brick, and covered in a distinct material (typically darker) which varies from the surrounding field material.

Effective on: 1/1/1901

Fence. A freestanding device made of metal, masonry, composition or wood or any combination thereof, resting on, or partially buried in the ground and rising above ground level, and used for confinement, screening protection or partition purposes.

Effective on: 1/1/1901

Fenestration. The design, arrangement, and proportion of all light-transmitting openings on a building's façade or envelope. This includes windows, doors, skylights, and glazed curtain walls, serving both aesthetic and functional purposes.

Effective on: 4/20/2026

Filling Station, Service Station. Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail. Uses permissible at a service station do not include major mechanical and body work, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in service stations. The term shall not be construed to include a truck stop.

Effective on: 1/1/1901

Final Development Plan. The secondary Development Plan petition for a Planned Unit Development following approval by the Commission of the Detailed Development Plan petition. The Final Development Plan incorporates the Secondary Plat petition in Planned Unit Developments that are being subdivided.

Effective on: 1/1/1901

Finished Floor Area. That portion of floor area constructed, completed, and usable for living purposes with normal living facilities which includes sleeping, dining, cooking, working, entertainment, common space linking rooms, areas for personal hygiene, or combination thereof. Floor area or portion thereof used only for storage purposes and not equipped for the facilities mentioned above shall not be considered finished floor area.

Effective on: 1/1/1901

Five Hundred-year Flood. The flood that has a 0.2% chance of being equaled or exceeded in any year.

Effective on: 1/1/1901

Flag. Any fabric or similar light-weight material, typically oblong or square in shape, and used as the symbol or emblem of a country or institution or as a decoration during public festivities, that is attached at one edge of the material, usually to a staff or pole, so as to allow movement of the material by atmospheric changes

(Ord. 101121H, 11/15/2021)

Effective on: 11/15/2021

Flashing Sign. Any illuminated sign which exhibits changing light or color effects.

Effective on: 1/1/1901

Flex Building. Aesthetically pleasing shell buildings that are designed to adaptable for one (1) or more tenants. These spaces are primarily single-story buildings with open floor plans, allowing tenants to customize a mix of office, showroom or light industrial / warehouse areas. Garage, roll-up, docks, or other service-related doors shall be on a separate side or plane from the primary entrance and shall not face the primary frontage.

Effective on: 4/20/2026

Flood. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.

Effective on: 1/1/1901

Flood Boundary and Floodway Map (FBFM). An official map on which the FEMA or FIA has delineated the areas of flood hazards and regulatory floodway.

Effective on: 1/1/1901

Flood Hazard Area. The floodplain areas that have not been adequately protected from flooding by means of dikes, levees, reservoirs and other works approved by the Indiana Natural Resources Commission, as identified on the appropriate maps.

Effective on: 1/1/1901

Flood Hazard Boundary Map (FHBM). An official map of a community, issued by FEMA, where the boundaries of the areas of special flood hazard have been identified as Zone A.

Effective on: 1/1/1901

Flood Insurance Rate Map (FIRM). An official map of a community, on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Effective on: 1/1/1901

Flood Insurance Study (FIS). The official hydraulic and hydrologic report provided by FEMA. The report contains flood profiles, as well as the FIRM, FBFM (where applicable), and the water surface elevation of the base flood.

Effective on: 1/1/1901

Flood Protection Grade. The elevation of the regulatory flood plus two (2) feet at any given location in the Special Flood Hazard Area (SFHA). See also “Freeboard.”

Effective on: 1/1/1901

Flood Prone Area. Any land area acknowledged by a community as being susceptible to inundation by water from any source. (See "Flood")

Effective on: 1/1/1901

Flood Water. The water of any lake or watercourse which is above the banks and/or outside the channel and banks of such lake or watercourse.

Effective on: 1/1/1901

Floodplain. The channel proper and the areas adjoining any wetland, lake or watercourse that have been or hereafter may be covered by the regulatory flood. The floodplain includes both the floodway and the fringe districts (see also CHAPTER 9. FLOODPLAIN STANDARDS).

Effective on: 1/1/1901

Floodplain Administrator. (See Sec. 2.2.6 Floodplain Administrator).

Effective on: 1/1/1901

Floodplain Development Permit. A permit signed and issued by the Floodplain Administrator stating that the proposed improvements for a site have been reviewed and found to follow the applicable provisions of CHAPTER 9. FLOODPLAIN STANDARDS.

Effective on: 1/1/1901

Floodplain Management. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

Effective on: 1/1/1901

Floodplain Management Regulations. CHAPTER 9. FLOODPLAIN STANDARDS and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances, and other applications of police power that control development in flood-prone areas. This term describes federal, State, or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage.

Effective on: 1/1/1901

Floodplain Standards Variance. A grant of relief from the requirements of CHAPTER 9. FLOODPLAIN STANDARDS, which permits construction in a manner otherwise prohibited by CHAPTER 9. FLOODPLAIN STANDARDS where specific enforcement would result in unnecessary hardship.

Effective on: 1/1/1901

Floodplain Standards Violation. The failure of a structure or other development to be fully compliant with CHAPTER 9. FLOODPLAIN STANDARDS. A structure or other development without the elevation, other certification, or other evidence of compliance required in CHAPTER 9. FLOODPLAIN STANDARDS are presumed to be in violation until that documentation is provided.

Effective on: 1/1/1901

Floodproofing (dry floodproofing). A method of protecting a structure that ensures that the structure, together with attendant utilities and sanitary facilities, is watertight to the floodproofed design elevation with walls that are substantially impermeable to the passage of water. All structural components of these walls can resist hydrostatic and hydrodynamic flood forces, including the effects of buoyancy, and anticipated debris impact forces.

Effective on: 1/1/1901

Floodproofing Certificate. A form used to certify compliance for nonresidential structures as an alternative to elevating structures to or above the FPG. This certification must be by a Registered Professional Engineer or Architect.

Effective on: 1/1/1901

Floodway. The channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream.

Effective on: 1/1/1901

Floor Area. The sum of all horizontal surface areas of all floors of all roofed portions of a building enclosed by and within the surrounding exterior walls or roofs, or to the center line of any party wall separating such buildings or portions thereof. Floor area of a building shall exclude exterior open balconies and open porches.

Effective on: 1/1/1901

Floor Area Ratio (FAR). Floor Area Ratio includes the total covered area of all floors of a building(s) measured in square feet divided by the size of the site, measured in square feet.

Effective on: 1/1/1901

Forestry Operation. Forestry Operation includes facilities, activities, or equipment used to plant, raise, manage, harvest, and remove trees on private land. The term includes site preparation, fertilization, pest control, and wildlife management.

Effective on: 1/1/1901

Foundation. The supporting member of a wall or structure.

Effective on: 1/1/1901

Free Burning. A rate of combustion described by a material which burns actively and easily supports combustion.

Effective on: 1/1/1901

Freeboard. A factor of safety, usually expressed in feet above the BFE, which is applied for the purposes of floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights greater than those calculated for the base flood.

Effective on: 1/1/1901

Fringe. Those portions of the floodplain lying outside the floodway.

Effective on: 1/1/1901

Front Line of Building. The foundation line that is nearest the front lot line.

Effective on: 1/1/1901

Frontage Road. An access road which parallels a street of higher classification, providing access from abutting property and separated from the street by a common dividing strip.

Effective on: 1/1/1901

Fuel/Energy Station. Structure or lot where fuel and other vehicular propulsion needs are provided to customers but are not performed by an employee (other than to pump gas).

Effective on: 1/1/1901

Fuel/Service Station. Facility where fuel is dispensed and/or other light maintenance activities take place within the building on customer vehicles such as battery replacement, tire installation/repair, and other minor mechanical repairs. Vehicles shall not be stored overnight.

Effective on: 1/1/1901

Full-cutoff Fixture or Luminaire. A luminaire that (see also Article 6.5. Exterior Lighting Standards):

1. Projects at least 90% of the total lamp lumens below 80° from vertical;
2. Does not allow more than 10% of the total lamp lumens above 80° from vertical; and
3. Does not allow more than 2.5% of the total lamp lumens above 90° from vertical.

Effective on: 7/20/2018

Functional Green Roof. A green roof for which the depth of soil and planted material is at least 2 inches, which is accessible and usable for human activity. 

Effective on: 4/21/2025

Funeral Home. A building or structure where human remains are prepared and/or held for a funeral or final disposition and where memorial visitation of the viewing of human remains is conducted before or as part of a memorial or funeral service. This definition includes, but is not limited to, funeral parlors, mortuaries, and undertaking establishments.

Effective on: 4/20/2026

Gable. A triangular wall segment at the end of a pitched roof.

Effective on: 1/1/1901

Garage. An attached or detached structure whose primary use is to house motor vehicles or personal property for the accommodation of related dwelling units or related business establishments.

Effective on: 1/1/1901

General Services Office. Employment services, temporary employment agency, insurance office, law office, membership associations, secretarial service, publishing corporate offices, reading clinic, real estate office, service organization, title company, trade office, and travel agency, and the like.

Effective on: 1/1/1901

Glare. A light ray emanating directly from a lamp, reflector or lens such that it falls directly on the eye of the observer.

Effective on: 1/1/1901

Golf Course. An area of terrain on which the game of golf is played. A golf course includes greens, fairways, natural areas. A golf course may also include a driving range when integrated with the golf course operations and hours.

Effective on: 1/1/1901

Grace Period. Extension of time granted for correction, termination or cessation of a violation of this UDO.

Effective on: 1/1/1901

Greenhouse. A building, room, or area, usually chiefly of glass, in which the temperature is maintained within a desired range, used for cultivating tender plants or growing plats out of season.

Effective on: 1/1/1901

Green Roof. The area atop a roof surface on a building, open to the sky and air, planted over waterproof membrane, which is surfaced with soil and living plant materials for the purpose of retaining rainwater and absorbing heat from sunlight and which may be accessible by means of a roof entrance if required to maintain plant material. 

Effective on: 4/21/2025

Ground or Monument Sign. A sign which is supported by one (1) or more uprights or braces in the ground.

Effective on: 1/1/1901

Gross Site Area. Gross refers to the gross area before any land is set aside for public improvements including but not limited to streets and utilities.

Effective on: 1/1/1901

Guest Room. A sleeping room intended to accommodate not more than four guests each night, and which contains no cooking facilities in the room. For purposes of this definition, a guest room may be a suite of rooms, including a sitting room, one or more bedrooms and bath facilities, accessible to the exterior by not more than one doorway.

Effective on: 1/1/1901

Half Story. That portion of a building under a sloping, gable, hip, or gambrel roof, the wall plates on at least two (2) opposite exterior walls of which are not more than three (3) feet above the floor level of such half-story.

Effective on: 1/1/1901

Hardship. (as related to Sec. 10.2.24. Variance) The exceptional hardship that would result from a failure to grant the requested variance. The City requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is NOT exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. These problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

Effective on: 1/1/1901

High Pressure Laminate (HPL). Material exterior grade high pressure laminate is made of layers of kraft paper impregnated with phenolic resin and bonded by heat and pressure. The core and exterior surface is all one piece.

Effective on: 1/1/1901

Highest Adjacent Grade. The highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a structure.

Effective on: 1/1/1901

Historic Residence. A structure designed for a single-family residence, which has historic, architectural or engineering significance. Provided, however, that structures less than 50 years old shall not be considered an historic residence, and are not allowed as either a bed and breakfast residence or a bed and breakfast inn.

Effective on: 1/1/1901

Historic Structure. Any structure individually listed on the National Register of Historic Places or the Indiana State Survey of Historic Architectural, Archaeological and Cultural Sites, Structures, Districts, and Objects. Structure, Historic (as related to CHAPTER 9. FLOODPLAIN STANDARDS): Any structure individually listed on the National Register of Historic Places or the Indiana State Register of Historic Sites and Structures.

Effective on: 1/1/1901

Holiday Decorations. Posters which represent a holiday but do not advertise a company or product.

Effective on: 1/1/1901

Home Occupation. An occupation that provides a service or product that is conducted wholly within a residential dwelling in a Residential Zoning District. Examples of permitted home businesses are provided in Sec. 5.7.2.B. Home Occupation.

Effective on: 1/1/1901

Horizontal Articulation. Articulation left and right across the span of a wall façade. Examples include ledges, reveals awnings, column caps, arches, or other projecting or recessed architectural feature.

Effective on: 1/1/1901

Hospital. An institution licensed by the State Department of Health and providing health services primarily for in-patient medical or surgical care to persons suffering from illness, disease, injury, and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, medical offices, and staff residences. 

Effective on: 4/21/2025

Hotel. A building in which temporary lodging or board and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public. Compensation is assessed on a day-to-day basis.

Effective on: 1/1/1901

Hotel, Extended Stay. A building in which temporary lodging and/or boarding is provided to the public for compensation. The provider typically provides telephone service, laundry facilities, upkeep of furniture, and other services. Compensation is based upon stays of more than one day and reduced rates are typically featured for weekly/ monthly stays.

Effective on: 4/20/2026

Illegal Sign. A sign which does not meet the requirements of this UDO and which has not received legal nonconforming status.

Effective on: 1/1/1901

Illuminance. The total amount of visible light illuminating (incident upon) a point on a surface from all directions above the surface (i.e. how brightly a surface is illuminated). Illuminance is measured in lux.

Effective on: 1/1/1901

Illuminated Sign. A sign with an artificial light source incorporated internally or externally for illuminating the sign.

Effective on: 1/1/1901

Impervious Area. Impervious Area is the sum of all driveways, pathways, structures, hardscape, and any other impervious surface that would prohibit the absorption of stormwater, divided by the Lot Area.

(Ord. 121922E, 01/17/2023)

Effective on: 4/21/2025

Impervious Surface. Any material that prevents absorption of storm water into the ground such as concrete or asphalt. This does not include gravel, rock, or stone.

Effective on: 4/21/2025

Improvement. Any permanent structure that becomes part of, placed upon, or is affixed to real estate, or any alteration to the land

Effective on: 1/1/1901

Improvement Location Permit (ILP). A permit issued by the Department stating that the proposed improvements comply with the applicable provisions of the UDO.

Effective on: 1/1/1901

Improvement, Substantial. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred "repetitive loss" or “substantial damage” regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of State or local health, sanitary, or safety code requirements or any alteration of a “historic structure,” provided that the alteration shall not preclude the structures continued designation as a “historic structure.”

Effective on: 1/1/1901

Incidental. A minor occurrence or condition which is customarily associated with a permitted use and is likely to ensue from normal operations.

Effective on: 1/1/1901

Increased Cost of Compliance (ICC). The cost to repair a substantially damaged structure that exceeds the minimal repair cost and that is required to bring a substantially damaged structure into compliance with the local flood damage prevention ordinance. Acceptable mitigation measures are elevation, relocation, demolition, or any combination thereof. All renewal and new business flood insurance policies with effective dates on or after June 1, 1997, will include ICC coverage.

Effective on: 1/1/1901

Indirectly Illuminated Sign. A sign illuminated with a light directed primarily toward such sign, including back lighted signs, and so shielded that no direct rays from the light are visible.

Effective on: 1/1/1901

Industrial Uses. Manufacturing, assembly, repair or servicing of industrial, business, or consumer machinery, equipment, products, or by-products mainly by providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site (see also Article 5.5. Industrial Uses).

Effective on: 1/1/1901

Infill Lot. A lot bordered on at least two (2) sides by established development.

Effective on: 1/1/1901

Inoperable Vehicle. A motor vehicle, recreational vehicle, or any similar vehicle exhibiting one or more of the following:

1. Not having valid vehicle license plate or registration.
2. Any vehicle, whether on public or private property and in view of the public from which, for a period of at least (14 days, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power;
3. Any vehicle that is damaged or dismantled to such extent as to render it illegal for operation on any public street or highway, including but not limited to any of the following: broken head or taillights, broken or missing mirrors, cracked or missing window or windshield, deflated tires, missing seats or steering wheel, or other general conditions that would render a vehicle incapable of being driven on a public highway.

By way of illustration only, the term "Inoperable Vehicle" can include, without limitation, any of the following: passenger vehicle, motorized bicycles, motorcycle, truck, tractor, tractor-trailer, truck trailer, trailer, bus, boat, watercrafts, recreational vehicle, ATV, golf cart camper, camping trailer, truck camper, motor home, travel trailer, semitrailer, or any other vehicle propelled or drawn by mechanical power or the like.

Effective on: 1/1/1901

Institutional Uses. Schools, churches, government offices, parks, and the like (see also Article 5.3. Public & Institutional Uses).

Effective on: 1/1/1901

Internal Setback. The distance between a structure and either:

1. An access or ingress/egress easement line; or
2. The edge of pavement of the sidewalk running alongside an access drive or private street; or
3. The back of curb of an access drive or private street; or
4. The edge of pavement of an access drive or private street;
5. whichever is closest to the structure.

Effective on: 1/1/1901

Internally Illuminated Sign. A light source which is enclosed within the sign and viewed through a translucent panel. This type of illumination is often referred to as direct.

Effective on: 1/1/1901

Interior Lot. A lot other than a corner lot or a through lot.

Effective on: 1/1/1901

Intersection. An area within a 100' radius of the intersecting centerlines of two (2) cross streets.

Effective on: 1/1/1901

ITE. Institute of Transportation Engineers.

Effective on: 1/1/1901

Junk. An automobile, truck, other motor vehicle, watercraft, large appliances, furniture or like materials which have been damaged to such an extent that they cannot be operated under their own power or used and/or will require major repairs before being made usable. This also includes such a vehicle which does not comply with State, County, or City vehicle licensing or other laws or ordinances.

Effective on: 1/1/1901

Junk Vehicle. A vehicle, recreational vehicle, or any similar vehicle exhibiting one or more of the following:

1. Is dismantled or extensively damaged, including any of the following: a broken window or windshield, or a missing wheel, tire, motor, or transmission;
2. Is apparently inoperable; or
3. Has an approximate fair market value equal only to the approximate value of the scrap in it.

By way of illustration only, the term "Junk Vehicle" can include, without limitation, any of the following: passenger vehicle, motorized bicycles, motorcycle, truck, tractor, tractor-trailer, truck trailer, trailer, bus, boat, watercrafts, recreational vehicle, ATV, golf cart, camper, camping trailer, truck camper, motor home, travel trailer, semitrailer, or any other vehicle propelled or drawn by mechanical power or the like.

Effective on: 1/1/1901

Junk Yard. A place, usually outdoors, where waste or discarded used property, including but not limited to automobiles, farm implements and trucks, is accumulated and is or may be salvaged for reuse or resale. This does not include industrial scrap metal or accumulation of organic matter.

Effective on: 1/1/1901

Juvenile Detention Facility. A facility that holds children or minors (typically under 18 years of age) for punishment and/or counseling because of sentencing by a court of jurisdiction for criminal or antisocial behavior.

Effective on: 1/1/1901

Kennel. A facility where any person engages in a business involving boarding, breeding, buying, keeping, letting for hire, training for a fee, or selling dogs, cats, or other domestic animals with some activities. This use does not include any operation meeting the definition of a Confined Feeding Operation (CFO) or Concentrated Animal Feeding Operation (CAFO) under Indiana statutes.

Effective on: 4/21/2025

Large Farm Animals. Large farm animals are large domestic farm animals such as, but not limited to: cows, buffalo, llamas, goats, sheep, and pigs.

Effective on: 1/1/1901

Large Grazing Type Farm Animals. Large domestic farm animals such as, but not limited to, cows, buffalo, llamas, goats, and sheep, which are typically allowed to roam within a large grazing area. Pigs shall not be interpreted as a large grazing type farm animal.

Effective on: 1/1/1901

Landscape Area. Those places on a lot or abutting right-of-way that are identified for application of landscaping regulations. Landscape areas include: street tree planting areas, parking lot planting areas, foundation planting areas, buffer yard areas, retention pond planting areas, and perimeter planting areas (see also Article 6.7. Landscaping Standards).

Effective on: 7/20/2018

Landscape Island. A landscape area defined by a curb or edge of pavement and surrounded on all sides by pavement and includes terminal islands, median islands, interior and perimeter islands. 

Effective on: 4/21/2025

Landscape Material. Trees, shrubs, plants, decorative fences, retaining walls, walls, earthen mounds, irrigation systems, flower beds, decorative rocks, edging, mulch, stakes and the like.  Xeriscaping landscaping materials are encouraged to function as LID Stormwater BMPs. Artificial trees, shrubs, ground cover, and flowers are not considered landscape material.

Effective on: 4/21/2025

Landscape Structure. Decorative fences, walls, retaining walls, edging, decorative rocks and the like.

Effective on: 1/1/1901

Landscaping. The improvements of a lot with grass, shrubs, trees, and other vegetation and/or ornamental objects. Landscaping may include pedestrian walks, flower beds, berms, depressions for LID stormwater landscaped areas, fountains and other similar natural and man-made objects designed and arranged to produce an aesthetically pleasing effect.

Effective on: 4/21/2025

Large Integrated Center. An integrated center is any multi-tenant building primarily featuring commercial retail and service uses equal to or greater than 30,000 square feet.

Effective on: 1/1/1901

Lease. To rent, to permit the possession or use of right of possession, or use for consideration of a lot, parcel, tract, land or group of lots, parcels, tracts, or lands.

Effective on: 1/1/1901

Legal Nonconforming Building or Structure. Any continuously occupied, lawfully established structure or building prior to the effective date of the UDO, or its subsequent amendments, that no longer meets the development standards.

Effective on: 1/1/1901

Legal Nonconforming Lot of Record. Any legally established and recorded lot prior to the effective date of this UDO, or its subsequent amendments, that no longer meet the lot-specific development standards.

Effective on: 1/1/1901

Legal Nonconforming Sign. Any sign lawfully existing on the effective date of this UDO, or amendment thereto, that does not conform to all the standards and regulations of the UDO and has been registered within the allotted time as described in Sec. 2.3.5. Nonconforming Signs of the UDO.

Effective on: 1/1/1901

Legal Nonconforming Use. Any continuous, lawful use of structures, land, or structures and land in combination established prior to the effective date of the UDO or its subsequent amendments that is no longer a permitted use in the district where it is located.

Effective on: 1/1/1901

Letter of Map Amendment (LOMA). An amendment to the currently effective FEMA map that establishes that a property is not located in a SFHA. A LOMA is only issued by FEMA.

Effective on: 1/1/1901

Letter of Map Revision (LOMR). An official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations.

Effective on: 1/1/1901

Letter of Map Revision Based on Fill (LOMR-F). An official revision by letter to an effective NFIP map. A LOMR-F provides FEMA’s determination concerning whether a structure or parcel has been elevated on fill above the BFE and excluded from the SFHA.

Effective on: 1/1/1901

Light Manufacturing. A facility conducting light manufacturing operations within a fully-enclosed building. Light manufacturing uses are provided in Sec. 5.5.2 Light Manufacturing.

Effective on: 1/1/1901

Light Source. Source from which light emanates either directly from the bulb, or indirectly from a reflective enclosure, lens, or diffuser.

Effective on: 1/1/1901

Limited Agriculture Related Sales. On-site sales of commodities, which are produced, grown, or raised on the subject property.

Effective on: 1/1/1901

Loading Spaces, Loading, and Unloading Berths. The off-street area required for the receipt or distribution by vehicles of material or merchandise.

Effective on: 1/1/1901

Local Street. A street designed primarily to provide access to abutting properties and discourage through traffic, as depicted by the Thoroughfare Plan within the Comprehensive Plan.

Effective on: 1/1/1901

Lot. A Lot of Record or a tax parcel described by metes and bounds or separately in a survey which is recorded in the Office of the Recorder of Hamilton County, Indiana.

Effective on: 1/1/1901

Lot Area. The net area of land bounded on all sides by front, rear, and side lot lines. Neither public nor private right-of-way is included in the lot area. Floodway, Floodway Fringe areas, and Easements are included in the calculation.

Effective on: 7/20/2018

Lot Coverage. See definition for “Impervious Area”.  

Effective on: 4/21/2025

Lot Depth. The horizontal distance between the front and rear lot lines.

Effective on: 1/1/1901

Lot Frontage. The length of the front lot line bordering upon a public or private right-of-way or easement. The lot frontage is determined by measuring the total distance in which the front lot line touches a public or private right-of-way or easement.

Effective on: 1/1/1901

Lot Lines. See figures below for illustration. 

1. A.
   Lot Line, Front. On an interior lot, the lot line that separates the lot from the street. On corner and through lots, all lot lines that abut a street are front lot lines. 

   1. 1.
      Primary Front Lot Line. On single- and two-family residential corner and through lots, it is the front lot line that a) abuts the highest street classification in the Thoroughfare Plan, or b) closest to the established orientation of home; or c) abuts the street on which the lot’s address is platted. 
   2. 2.
      Non-Primary Front Lot Line. On single- and two-family residential corner and through lots, it is a front lot line that is not the primary front lot line. 
2. B.
   Lot Line, Side. Any other lot line that isn’t front or rear lot line. On a corner and through lots, there are at least two front lot lines and other lot lines are side lot lines. 
3. C.
   Lot Line, Rear. The lot line opposite of the front lot line. In the case of a triangularly shaped lot, or otherwise irregular shaped lot, a line 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line.  

Effective on: 4/21/2025

Lot of Record. A lot which is a part of a subdivision legally recorded in the Office of the Hamilton County Recorder, or a parcel or lot described by metes and bounds, a description of which has been so recorded.

Effective on: 1/1/1901

Lot Width. The dimension of a lot measured between side lot lines on the building line.

Effective on: 1/1/1901

Low Impact Development. LID is a land planning and engineering design approach with a goal of replicating the pre-development hydrologic regime of urban and developing watersheds. The primary goal of LID is to mimic a site's predevelopment hydrology by reducing the impervious surface, infiltrating, filtering, storing, evaporating, and detaining runoff close to its source.  

Effective on: 4/21/2025

Lowest Adjacent Grade. The lowest elevation, after completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure.

Effective on: 1/1/1901

Lowest Floor. The lowest of the following:

1. The top of the lowest floor of the structure;
2. The top of the basement floor;
3. The top of the garage floor, if the garage is the lowest level of the structure;
4. The top of the first floor of a structure elevated on pilings or pillars;
5. The top of the first floor of a structure constructed with a crawl space, provided that the lowest point of the interior grade is at or above the BFE and construction meets requirements of (F)(1); or
6. The top of the floor level of any enclosure, other than a basement, below an elevated structure where the walls of the enclosure provide any resistance to the flow of floodwaters unless:
   1. The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of floodwaters, by providing a minimum of two (2) openings (in addition to doorways and windows) in a minimum of two exterior walls having a total net area of one (1) square inch for every square foot of enclosed area. The bottom of all such openings shall be no higher than one (1) foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher; and
   2. Such enclosed space shall be usable solely for the parking of vehicles and building access.

Effective on: 1/1/1901

Lumen. Unit of luminous flux in the International System of Units (SI) equal to one (1) candela per steradian. Used to measure the amount of light emitted by lamps.

Effective on: 1/1/1901

Lux (Luces plural). Unit of illuminance in the International System of Units (SI) equal to one (1) lumen per square meter.

Effective on: 1/1/1901

Main Floor Area. That portion of Finished Floor Area located on the first (or nearest ground level) floor of the dwelling unit. The Main Floor Area of a primary structure does not include a garage, carport, deck, unfinished storage, patio, or open porch.

Effective on: 1/1/1901

Major Collector. A street planned to facilitate the collection and movement of vehicular traffic between minor collectors and thoroughfares, usually located on the perimeter or boundaries of neighborhoods. These streets are to be generally located on a ½ mile grid pattern.

Effective on: 1/1/1901

Major Thoroughfare. Any thoroughfare so designated on the Transportation Plan.

Effective on: 1/1/1901

Maneuvering Space. An open space in a parking area that is:

1. Immediately adjacent to a parking space;
2. Used for and/or is necessary for turning, backing or driving forward a motor vehicle into such parking space; but
3. Not used for the parking of or storage of motor vehicles.

Effective on: 1/1/1901

Manufactured Home. A single-family dwelling unit designed and built in a factory, installed as a permanent residence, which bears a seal certifying that it was built in compliance with the federal Manufactured Housing Construction and Safety Standards Law (1974 U.S.C. 5401 et seq.), and which also complies with the following specifications:

1. Was constructed after January 1, 1981, and exceeds 950 square feet of occupiable space per IC 36-7-4-1106(d),
2. Is attached to a permanent foundation of masonry construction and has a permanent concrete or concrete block perimeter enclosure constructed in accordance with the One and Two-Family Dwelling Code,
3. Has wheels, axles, and towing chassis removed,
4. Has a pitched roof with a minimum rise of 2:12, and
5. Consists of two (2) or more sections which, when joined, have a minimum dimension of 23 feet in width for at least 60% of its length.

Effective on: 1/1/1901

Manufactured Home Park. A parcel of land with required improvements and utilities containing two (2) or more dwelling sites that are leased for the long-term placement of Mobile Home Dwellings and/or Manufactured Home Dwellings. A Manufactured Home Park does not involve the sales of Mobile Home Dwellings or Manufactured Home Dwellings in which unoccupied units are parked for inspection or sale.

Effective on: 1/1/1901

Manufactured Home Park or Subdivision (as related to CHAPTER 9. FLOODPLAIN STANDARDS). A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

Effective on: 1/1/1901

Manufactured Housing Construction and Safety Standards Code. Title IV of the 1974 Housing and Community Development Act (42 U.S.C. 5401, as amended, previously known as the federal Mobile Home Construction and Safety Act), rules and regulations adopted thereunder, which include HUD-approved information supplied by the home manufacturer, and regulations and interpretations of said code by the Administrative Building Council of Indiana.

Effective on: 1/1/1901

Mansard Sign. A mansard sign shall mean any sign attached to or erected against a mansard of a building, with the face horizontally parallel to the building wall. Since said sign is to be mounted parallel to and within the limitations of the building wall on which same is to be mounted, the same is deemed to be a wall sign and not a roof sign.

Effective on: 1/1/1901

Map Amendment. See LOMA, LOMR, and LOMR-F.

Effective on: 1/1/1901

Map Panel Number. The four-digit number followed by a letter suffix assigned by FEMA on a flood map. The first four digits represent the map panel, and the letter suffix represents the number of times the map panel has been revised. (The letter “A” is not used by FEMA, the letter “B” is the first revision.)

Effective on: 1/1/1901

Marker (survey). A stake, pipe, rod, nail, or any other object which is not intended to be a permanent point for record purposes.

Effective on: 1/1/1901

Marquee. A fixed or temporary canopy or structure projecting from and attached to a building.

Effective on: 1/1/1901

Masonry. Brick, fiber cement siding, stone, cultured stone, or stucco materials.

Effective on: 1/1/1901

Massage Parlor. Any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations; electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct, or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.

Effective on: 1/1/1901

Mean Floor Area. An average of the floor areas of like structures adjacent to the subject property.

Effective on: 1/1/1901

Medical Office. Dental office, medical office, optical office, and the like.

Effective on: 1/1/1901

Mining Mineral Extraction. The extraction of, or mining of, sand, gravel, rock and other earth materials, and/or minerals, and the processing, storage, stockpiling, distribution and sale thereof.

Effective on: 1/1/1901

Minor 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 major collectors or thoroughfares.

Effective on: 1/1/1901

Mitigation. Sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects. The purpose of mitigation is twofold: to protect people and structures, and to minimize the cost of disaster response and recovery.

Effective on: 1/1/1901

Mixed-use Development. A mixed-use development is any development or project which features more than one primary land use type. Examples of mixed-use developments would be office and retail, office and residential, single-family and multi-family, etc.

Effective on: 1/1/1901

Mobile Home Dwelling. A transportable dwelling unit which is a minimum of eight (8) feet in width and which is built on a permanent foundation or tied down with perimeter skirting when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical system contained therein, and which was manufactured either:

1. Prior to June 15, 1976 and bears a seal attached under Indiana Public Law 135, 1971, certifying that it was built in compliance with the standards established by the Indiana Administrative Building Council; or
2. Subsequent to or on June 15, 1976 and bears a seal, certifying that it was built in compliance with the Federal Mobile Home Construction and Safety Standards.

Effective on: 1/1/1901

Model Home. A residence constructed for the initial purpose of showing the home to potential buyers.

Effective on: 1/1/1901

Model Studio. Any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

Effective on: 1/1/1901

Monument (survey). A permanent physical structure which marks the location of a corner or other survey point.

Effective on: 1/1/1901

Motel. An establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot, and designed for use by transient automobile travelers. A motel furnishes customary services such as maid service and laundering of linen, telephone, secretarial, or desk service, and the use and upkeep of furniture. Compensation is assessed on a day-to-day basis.

Effective on: 1/1/1901

Motor Vehicle. Any passenger vehicle, truck, tractor, tractor-trailer, truck-trailer, trailer, boat, recreational vehicle, semitrailer, or any other vehicle propelled or drawn by mechanical power.

Effective on: 1/1/1901

Nameplate. A nonelectric, on-premises identification sign giving only the name, address and/or occupation of an occupant or group of occupants.

Effective on: 1/1/1901

National Flood Insurance Program (NFIP). The federal program that makes flood insurance available to owners of property in participating communities nationwide through the cooperative efforts of the federal government and the private insurance industry.

Effective on: 1/1/1901

National Geodetic Vertical Datum (NGVD). As corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain.

Effective on: 1/1/1901

Net Site Area. Net site area is the area included within the rear, side and front lot lines of the site. Does not include existing or proposed public streets or right-of-way.

Effective on: 1/1/1901

New Manufactured Home Park or Subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the City’s first floodplain ordinance.

Effective on: 1/1/1901

Nonconforming Building. A building, structure, or portion thereof that does not conform to the regulations of the zoning district in which it is located.

Effective on: 1/1/1901

Nonconforming Lot of Record. A lot which was created such that it does not conform to the regulations of the district in which it is located.

Effective on: 1/1/1901

Nonconforming Use. A use which does not conform with the use regulations of the zoning district in which it is located.

Effective on: 1/1/1901

Nonconforming Sign. A sign or portion thereof that was designed, erected, or structurally altered such that it does not conform to the regulations of the district in which it is located.

Effective on: 1/1/1901

Non-cutoff Fixture. A luminaire with no control of the horizontal distribution of luminance.

Effective on: 1/1/1901

Not-for-Profit Corporation. An organization or activity which provides a public service not intending or intended to earn a profit, such as tax exempt 501(c)3 charitable and/or public benefit organization.

Effective on: 1/1/1901

Notice of Violation. Notice issued by the Department.

Effective on: 1/1/1901

Nursery. A place where plants are grown for sale, transplanting, or experimentation.

Effective on: 1/1/1901

Obstruction. Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, canalization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water; or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

Effective on: 1/1/1901

Occupancy. The portion of a building or premises owned, leased, rented or otherwise occupied for a given use.

Effective on: 1/1/1901

Off-site Improvement. Any premises not located within the area of the property to be subdivided, used, or built upon whether or not in the same ownership of the applicant for subdivision approval.

Effective on: 1/1/1901

Official Zoning Map. A map of the City of Fishers, Indiana, that legally denotes the boundaries of zoning districts as they apply to the properties within the planning jurisdiction. There is only one (1) Official Zoning Map, and it is kept up to date by the Commission and the Director and is located in the City Hall.

Effective on: 1/1/1901

One- and Two-family Dwelling Code, Indiana. The mandatory statewide building code adopted by the Indiana Administrative Building Council for one- and two-family residential dwellings.

Effective on: 1/1/1901

One-percent Annual Chance Flood. The flood that has a 1% chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter 'A' is subject to the one-percent annual chance flood. See also “Regulatory Flood.”

Effective on: 1/1/1901

One Hundred-year Flood. The flood that has a 1% chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter A is subject to the one-percent annual chance flood.

Effective on: 1/1/1901

Open Space. An area of land not covered by buildings, parking structures, or accessory uses except for recreational structures. Open space may include nature areas; streams and flood plains; meadows or open fields containing baseball, football, and soccer fields, golf courses, swimming pools, bicycle paths, etc. Open space does not include street rights-of-way, platted lot area, private yard, patio areas, or land scheduled for future development (see also Sec. 8.4.6. Open Space).

Effective on: 1/1/1901

Open Use. The use of a lot without a building.

Effective on: 1/1/1901

Ornamental Tree. A deciduous tree that does not grow to over 30 feet in height at maturity. Ornamental trees typically are flowering trees.

Effective on: 1/1/1901

Outdoor Sales. The temporary use of an area near a business for storage and sales of merchandise related to a holiday, season of the year, or otherwise not offered annually.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

Owner. Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations, or their legal representative.

Effective on: 1/1/1901

Painted Wall Sign. Any sign which is applied with paint or similar substance on the face of a wall. Art murals not related to commercial advertising is not regulated by the UDO.

Effective on: 1/1/1901

Parapet. A low solid protective wall along the edge of a roof or balcony.

Effective on: 1/1/1901

Parcel. An ownership, lot or plat, or part of an ownership, lot or plat.

Effective on: 1/1/1901

Parent Tract. A lot of record as recorded on the effective date of this UDO. Multiple lots owned by one (1) person, persons in partnership, or a company and that are contiguous shall together be considered one (1) parent tract. Roads, rivers, easements, and other built or natural features shall not constitute a separation of two (2) or more pieces of land owned by one (1) person, persons in partnership, or a business.

Effective on: 1/1/1901

Park. A parcel of land available to the public for passive and active recreation and is maintained and governed by the City.

Effective on: 1/1/1901

Parking Lot. A hard-surfaced structure, other than an open exhibition or display area, designed and designated specifically for off-street temporary placement of motor vehicles and bicycles, and for the movement into and out of those parking spaces not from a street, including parking spaces, bicycle and bicycle sharing facilities, aisles, access drives, and ingress/egress areas providing vehicular access to a public street. 

Effective on: 4/21/2025

Parking Lot Peninsula. A planting area within a parking lot that is bounded on two opposite sides by parking spaces, on one side by a parking aisle, and on one side by a parking lot perimeter planting area.

Effective on: 1/1/1901

Parking Space. A  hard-surfaced portion of the parking area that is used only for the temporary placement of an operable vehicle or bicycle.

Effective on: 4/21/2025

Participating Community. Any community that voluntarily elects to participate in the NFIP by adopting and enforcing floodplain management regulations that are consistent with the standards of the NFIP.

Effective on: 1/1/1901

Particulate Matter. Finely divided liquid or solid material which is discharged and carried along in the air. This shall not include water droplets, commonly called steam.

Effective on: 1/1/1901

Paved. A durable surface for parking, driving, riding or similar activities that utilizes asphalt, concrete, brick, paving blocks or similar material. Crushed gravel, stone, rock, or dirt, sand or grass are not permitted as a paved surface.

Effective on: 1/1/1901

Pavement Width. The actual width of a street surface that includes only the area that is drivable by vehicles, excluding curbs.

Effective on: 1/1/1901

Pedestrian Improvements. Any sidewalk or walkway that is intended and suitable for pedestrian use. 

Effective on: 4/21/2025

Pedestrian Scale. The inclusion of building design elements at the ground or street level and the relationship between building height and streetscape. Building design elements exclusive to the first and second building story (when greater than two (2)), or inclusion of streetscape elements such as trees, decorative lighting, and benches can help to create pedestrian scale.

Effective on: 1/1/1901

Pediment. A crowning element used over doors, windows or niches.

Effective on: 1/1/1901

Perimeter Lot. A subdivision lot that either:

1. Has a lot line that abuts the right-of-way of a street with a functional classification higher than “local” that either runs through or is located on the perimeter of the subdivision, or a frontage road located adjacent to such a street; or
2. Is separated from the right-of-way of a street with a functional classification higher than “local” that either runs through or is located on the perimeter of the subdivision by a common area that is sufficiently deep to qualify as open space.

Effective on: 1/1/1901

Performance Bond. An amount of money or other negotiable security paid by the subdivider, developer, or property owner or his/her surety to the City which guarantees that the subdivider will perform all actions required by the City regarding an approved plat or in other situations as stated forth in the UDO and/or as deemed by the Director that provides that if the subdivider, developer, or property owner defaults and fails to comply with the provisions of his/her approval, the subdivider, developer, or property owner or his/her surety will pay damages up to the limit of the bond, or the surety will itself complete the requirements of the approval.

Effective on: 1/1/1901

Performance Guarantee. Any guarantee which may be accepted in lieu of a requirement that certain improvements be made before the Commission approves the Record Plat, including by way of illustration, but not limited to, subdivision bonds, irrevocable letter of credit, escrow agreements, deposit agreements, and other similar collateral or surety arrangements approved as valid and enforceable by the Commission.

Effective on: 1/1/1901

Permanent Foundation. A structural system for transposing loads from a structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of the supporting soil.

Effective on: 1/1/1901

Permanent Perimeter Enclosure. A permanent perimeter structural system completely enclosing the space between the floor joists of the home and the ground, except for the necessary openings, constructed in accordance with the One- and Two-family Dwelling Code.

Effective on: 1/1/1901

Permanent Sign. A sign permanently affixed to a building or the ground.

Effective on: 1/1/1901

Personal Garden. A private facility or area for the cultivation of vegetables, grasses, fruits, flowers, shrubs, vines, and trees as an accessory use by a resident or occupant of the site whether it be for purposes of producing food or materials. This definition does not include high weeds and grass, nor does it include farming or beekeeping for commercial purposes. 

Effective on: 4/21/2025

Personal Services. An establishment primarily engaged in providing services involving the care of a person. Types of personal services are provided in Sec. 5.4.7. Personal Services.

Effective on: 4/21/2025

Pet Grooming. A facility where animals are bathed, clipped, or combed for the purpose of enhancing their aesthetic value or health and for which a fee is charged. This use does not include the overnight boarding of animals. 

Effective on: 4/21/2025

Petitioner. The property owner or a person legally empowered in writing by the property owner to act on the property owner's behalf and who thereby has the property owner's authority to make representations and decisions before City officials regarding the use and/or development of the subject real property. The term includes the petitioner's representative.

Effective on: 1/1/1901

Petitioner's Representative. A person legally empowered in writing by the petitioner to act on the petitioner's behalf and who thereby has the petitioner's authority to make representations and decisions before City officials regarding the use and/or development of the subject real property.

Effective on: 1/1/1901

Physical Map Revision (PMR). Is an official republication of a community's FEMA map to effect changes to base (1%) flood elevations, floodplain boundary delineations, regulatory floodways, and planimetric features. These changes typically occur because of structural works or improvements, annexations resulting in additional flood hazard areas, or correction to BFEs or SFHAs.

Effective on: 1/1/1901

Place. An open, unoccupied, officially designated space, other than a street or alley, permanently reserved for use as the principal means of access to abutting property.

Effective on: 1/1/1901

Place of Worship. A structure and outdoor or indoor facilities used for public worship and accessory educational, cultural, and social activities.  

Effective on: 4/21/2025

Planned Unit Development. A large-scale unified development meeting the requirements for zoning approval under the provisions of Sec. 10.2.16. Planned Unit Development of the UDO. Generally, a planned unit development consists of a parcel or parcels of land, controlled by a single landowner, to be developed as a single entity which does not correspond in size of lots, bulk or type of buildings, density, lot coverage, and required open space to the regulations established in any zoning district of the UDO.

Effective on: 7/20/2018

Planning Jurisdiction. The territory or area in which the Commission has statutory authority to adopt a Comprehensive Plan, consisting of the present City limits and those contiguous areas which will from time to time be annexed to the City.

Effective on: 1/1/1901

Plant Material. Trees, shrubs, perennials, vegetative ground cover, and the like.

Effective on: 1/1/1901

Plat. A map or chart that shows a division of land and/or the layout for subdivisions that is intended to be filed for record.

Effective on: 1/1/1901

Pole Sign. A sign which is supported by one or more poles, posts, or braces upon the ground, not attached to or supported by any building, with a clear space more than six (6) feet from the finished grade to the bottom of the sign face.

Effective on: 1/1/1901

Person. A corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person.

Effective on: 1/1/1901

Porch. A roofed-over structure projecting out from the wall or walls of a main structure and commonly open to the weather in part.

Effective on: 1/1/1901

Portable Sign. Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu or sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in normal day-to-day operations of the business.

Effective on: 1/1/1901

Portico. A major porch usually with a pedimented roof and supported by columns.

Effective on: 1/1/1901

Practical Difficulty. A difficulty with regard to one’s ability to improve land stemming from regulations of this UDO. A practical difficulty is not a “hardship,” rather it is a situation where the owner could comply with the regulations within this UDO, but would like a variance from the Development Standards to improve his site in a practical manner. For instance, a person may request a variance from a side yard setback due to a large tree which is blocking the only location that would meet the Development Standards for a new garage location.

Effective on: 1/1/1901

Premises. A lot or plat including buildings thereon, if any.

Effective on: 1/1/1901

Preservation Easement. Those places on a lot or development that are identified for the purposes of maintaining an area of vegetation in its pre-development state. Plant life may not be removed from a preservation easement, with the following exceptions: if a plant or tree is dead, dying, diseased, or poses a threat to health, safety, and/or welfare. Under no circumstance shall utilities or other site work be done in preservation easements. The City of Fishers may be permitted to do limited work in Preservation Easements only at the direction of the Council.

Effective on: 4/21/2025

Primary Plat. The primary plat, pursuant to IC 36-7-4-700, is the plat and plans upon which the approval of a proposed subdivision is based. The primary plat and plans shall be subject to public notice and public hearing according to law and according to Commission rules.

Effective on: 1/1/1901

Primary Structure. The building or structure in which the primary use of the lot or premises is located or conducted. With respect to residential uses, the primary structure shall be the main dwelling. Where a substantial part of an accessory structure is attached to the primary structure in a substantial manner, as by a roof, such accessory structure shall be counted as a part of the primary structure.

Effective on: 1/1/1901

Primary Use. The main use of land or buildings as distinguished from an accessory use. A primary use may be a permitted use, conditional use, or a special exception.

Effective on: 1/1/1901

Private Garage. A detached accessory building or an attached portion of a primary building on the same lot as a dwelling for the housing of vehicles of the occupants of the dwelling, including carports.

Effective on: 1/1/1901

Private Street. A right-of-way which has the characteristics of a street, as defined herein, except that it is not dedicated to the public use. A driveway which is located on a lot and which serves only the use on that lot is not considered as a private street.

Effective on: 1/1/1901

Private Through Street. A paved surface consisting of a roadway, driveway, parking lot or the like which carries vehicular traffic from a dedicated public street to a dedicated public street.

Effective on: 1/1/1901

Professional Office. An office used by members of a recognized profession such as architects, artists, dentists, engineers, lawyers, musicians, planners, physicians, surgeons, pharmacists, and Realtors or insurance agents and brokers.

Effective on: 1/1/1901

Professional Office Center. An architecturally organized and functional grouping of professional offices and appropriate associated and accessory uses which is the central feature of a site plan composed of building area, parking area, landscaped reservation and plantation, and other land features appropriate for its use as a professional office enterprise, designed to serve residential neighborhoods, and shall conform to the standards and requirements of this chapter.

Effective on: 1/1/1901

Project Site. A term describing the area of the entire site for a development that might include smaller, individually platted lots.

Effective on: 1/1/1901

Projecting Sign. Any sign other than a wall sign affixed to any building or wall whose leading edge extends beyond such building or wall.

Effective on: 1/1/1901

Public Improvement. Any storm drainage facility, street, highway, parkway, sidewalk, pedestrian-way, tree, lawn, off-street parking area, lot improvement, utility, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.

Effective on: 1/1/1901

Public Parking Area. An open area, other than a street or alley designed for use or used for the temporary parking of more than four motor vehicles when available for public use, whether free or for compensation, or as an accommodation for clients or customers.

Effective on: 1/1/1901

Public/Private Parking Area. A group of parking spaces in an open area not including any part of a street or alley, designed or used for temporary parking of motor vehicles.

Effective on: 1/1/1901

Public Safety and Nuisance. (as related to CHAPTER 9. FLOODPLAIN STANDARDS) Anything that is injurious to the safety or health of an entire community, neighborhood or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

Effective on: 1/1/1901

Public School. A public institution which offers instruction in any of the branches of learning and study comparable to that taught in the public schools under the Indiana School Laws, including pre-kindergarten, kindergarten, elementary school, and junior and senior high schools, but excluding trade, business, or commercial schools.

Effective on: 1/1/1901

Public Space. Facilities such as public roads, parks, pathways, and open space corridors. May also be facilities owned privately but open to the public, such as HOA pathways connected to larger networks. Common areas serving as an amenity for commercial and multi-family developments are also considered to be public space.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

Public Utility Installation. The erection, construction, alteration, or maintenance by public utilities, municipal department commissions or common carriers of underground, surface or overhead gas, oil, electrical, steam, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers and other similar equipment and accessories in connection therewith, by public utility or municipal departments, commissions, or common carriers, for the public health or safety or general welfare.

Effective on: 1/1/1901

Public Utility. Any person, firm, or corporation duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, fiber optics, transportation, water, or sewage systems.

Effective on: 1/1/1901

Quoins. Units of stone or brick used to accentuate the corners of a building.

Effective on: 1/1/1901

Reclaimed Wood. Reclaimed wood is that which is derived from a pre-existing man-made structure. This wood may have come from an old house, a boat, barn or an industrial building. Reclaimed wood shall be of high quality materials, suitable for exterior use.

Effective on: 1/1/1901

Recreational Area or Facility. An outdoor facility, which may include an accessory clubhouse, provided as part of a residential development that is owned and maintained by the owners’ association or property owner primarily for the use of the residents of the development, and which is also accessible for use by the public through associate membership subscription or user fees. The term includes community golf courses, swimming pools, tennis courts, basketball courts, and the like.

Effective on: 1/1/1901

Recreational Vehicle. A vehicular-type portable structure without permanent foundation that can be towed, hauled, or driven and primarily designed as a temporary living accommodation for recreational, camping, and travel use and including but not limited to, travel trailers, truck campers, camping trailers, boats, and motor homes. A recreational vehicle shall not be used as living quarters. Also, a vehicle that is:

1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projections;
3. Designed to be self-propelled or permanently towable; and
4. Designed primarily not for use as a permanent dwelling, but as quarters for recreational camping, travel, or seasonal use.

Effective on: 1/1/1901

Recreational Vehicle Park. Any commercially zoned site, lot, field, or tract of land under single ownership, or ownership of two (2) or more people, designed with facilities for short term occupancy for recreational vehicles only.

Effective on: 1/1/1901

Registered Land Surveyor. A land surveyor properly licensed and registered or through reciprocity permitted to practice in the State of Indiana.

Effective on: 1/1/1901

Registered Professional Engineer. An engineer properly licensed and registered or through reciprocity permitted to practice in the State of Indiana.

Effective on: 1/1/1901

Regulatory Flood. The flood having a 1% chance of being equaled or exceeded in any given year, as calculated by a method and procedure that is acceptable to and approved by DNR and the FEMA. The regulatory flood elevation at any location is as defined in CHAPTER 9. FLOODPLAIN STANDARDS. The “Regulatory Flood” is also known by the term “Base Flood,” “One-percent Annual Chance Flood”, and “100-year Flood.”

Effective on: 1/1/1901

Repetitive Loss. Flood-related damages sustained by a structure on two (2) separate occasions during a 10-year period ending on the date of the event for which the second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded 25% of the market value of the structure at the time of each such flood event.

Effective on: 1/1/1901

Required Yard.  See figures below for illustration. 

1. 1.
   Front. An open space unobstructed to the sky extending fully across the full width of the lot between the front property line and the front setback line. On corner lots and through lots, there shall be at least two (2) front yards as determined by the street frontages. 
2. 2.
   Side. An open space unobstructed to the sky extending the length of the lot situated between a side lot line and a side setback line and terminates at the point of contact with any rear or front yards or any lot line, whichever occurs first.
3. 3.
   Rear. An open space unobstructed to the sky extending fully across the full width of the lot between the 
   rear setback line and the rear lot line. 

Effective on: 4/21/2025

Replat. A subdivision or plat, the site of which has heretofore been platted or subdivided with lots or parcels of land. It may include all or any part of a previous subdivision or plat.

Effective on: 1/1/1901

Responsible Party. Any person, firm or corporation that uses property in violation of this UDO or knowingly permits another person, firm or corporation to do so.

Effective on: 1/1/1901

Restaurant/Bar. A facility that prepares and sells food and drink for on- or off-premise consumption.

Effective on: 1/1/1901

Retail Use. Uses involved in the sale, lease, or rental of new or used products. Retail uses are provided in Sec. 5.4.9. Retail Sales.

Effective on: 1/1/1901

Retirement Community. An age-restricted development, which may include detached and attached dwelling units, apartments, and may also have a nursing home component.

Effective on: 1/1/1901

Reverse Channel Letters. Individually mounted opaque, internally backlit letters which illuminate the wall or surface to which they are attached.

Effective on: 1/1/1901

Reversed Interior Lot. An interior lot, the front lot line of which is formed by a street, which street also forms the side lot line of an abutting corner lot. The corner lot is considered abutting even though separated from the interior lot line by an alley.

Effective on: 1/1/1901

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.

Effective on: 1/1/1901

Riparian Area. Wooded or vegetated areas along creeks, streams, rivers or designated regulated drains. The area on each bank designated as a riparian area shall be no wider than the average width of the creek, stream or river at normal flow elevation, but be no less than 10 feet in width from the top of banks.

Effective on: 1/1/1901

Roadway Width. The paved area of a street measured from back of curb to back of curb.

Effective on: 1/1/1901

Roof Line. In the case of a flat roof, the uppermost line of the roof of a building; in the case of a pitched roof, the midpoint of between the roof eave and the ridge of the roof exclusive of cupola, pylon, chimney or other minor projections.

Effective on: 1/1/1901

Roof Plane. A roof plane is defined as having at least three separate edges.

Effective on: 1/1/1901

Roof Ridge. The roof ridge is the top horizontal edge of a pitched roof.

Effective on: 1/1/1901

Root Protection Zone. Generally, 18 to 24 inches deep and a distance from the trunk of a tree equal to one-half (½) its height or its drip line, whichever is greater.

Effective on: 1/1/1901

Sales Office. A trailer, model home, or the like used as a showroom or office for the sales of homes.

Effective on: 1/1/1901

Salutogenic Amenity. An amenity designed to help restore human physical and psychological personal and social well-being by creating publicly available space for them to be active, to recover from mental fatigue and stress, and to regulate their emotions.  

Effective on: 4/21/2025

Salutogenic Amenity Typologies are the types of spaces with certain design features that help restore human physical and psychological personal and social well-being. The definitions of these typologies are inspired by the framework provided in the book Restorative Cities: Urban Design for Mental Health and Wellbeing (2021) (authors: Roe, J., & McCay, L. Publisher: Bloomsbury Publishing). The following are SA typologies: 

•  Neighborly. Spaces that support social mingling, cohesion, and conviviality by encouraging human interaction and liveliness during their everyday lives.  
• Green. Green spaces are natural or man-made spaces that have plantings like trees, shrubs, flowers, ornamental grasses and such.  
• Blue. Blue spaces offer access to viewing water settings (e.g., fountain, swimming pool, pond, lake, river).  
• Active. Active spaces contain design features that encourage physical mobility such as trails, outdoor gyms, sports courts, swimming pools, and so on. 
• Playable. Playable spaces have design features that offer opportunities for all-age creativity and play.  
• Sensory. Sensory spaces use design features that can immerse people’s senses (sight, smell, hearing, touch, taste) and create a pleasant atmosphere.  

Effective on: 4/21/2025

Salutogenic Amenity, Regular. A Salutogenic Amenity that occupies a part of a lot, a whole lot, or spans across the abutting lots, measures at least 30 feet wide along any of its narrowest sides, and features design elements from at least two Salutogenic Amenity Typologies.  

Effective on: 4/21/2025

Salutogenic Amenity, Community. A Salutogenic Amenity designed with the focus on social well-being that occupies a part of a lot, a whole lot, or spans across the abutting lots, measures at least 50 feet wide along any of its narrowest sides, and features design elements from each of the following SA typologies: Green, Neighborly, and Active; and at least one of the other SA Typologies: Sensory, Blue, Playable.  

Effective on: 4/21/2025

Satellite Dish/Antenna. An apparatus capable of receiving communications from and/or sending to a relay located in a planetary orbit, or broadcasted signals from transmitting towers.

Effective on: 1/1/1901

School, Preschool through K-12. A public, private, or parochial institution that offers instruction in any of the branches of learning and study comparable to that taught in the public schools through high school level under the Indiana School Laws, including pre-school, pre-kindergarten, kindergarten, elementary school, and junior and senior high schools. This use does not include “School, Trade or Business,” or “School, College or University.” 

Effective on: 4/21/2025

School, Trade or Business. A postsecondary educational and/or training facility, other than a College/University, with a curriculum that is not comparable to that taught in the public schools through the high school level and offers instructional or educational services or training in a technical, professional, mechanical, business, or industrial occupation. 

Effective on: 4/21/2025

School, College or University. A postsecondary degree-bearing educational institution other than a “School, Trade or Business” that provides full-time or part-time education beyond high school. 

Effective on: 4/21/2025

Secondary Plat. The secondary plat, pursuant to IC 36-7-4-700, is the final plat document in recordable form. A secondary plat shall substantially conform with the preceding primary plat, or section thereof. The secondary plat and plans are not subject to public notices and public hearings.

Effective on: 1/1/1901

Self-Service Storage Facility. A facility providing separate storage areas for rent, for personal or business use, designed to allow private access by the tenant for storing or removing personal property. Self-service storage uses include, but are not limited to, the following uses as examples: warehouse, self-service fully enclosed indoor storage, or mini-warehouses. This use may include an office or retail component for the storage facility.

Effective on: 4/20/2026

Semi-Pervious Surface (or material). A material that allows for at least 40 percent absorption of water into the ground or plant material, such as pervious pavers, permeable asphalt, permeable concrete, or gravel. Also includes green roofs. 

Effective on: 4/21/2025

Serving Unit. A window of a building, an accessory structure, or location on the lot that is part of a drive-through feature, used to receive payment and/or provide service related to the primary use.  

Effective on: 4/21/2025

Setback. The minimum or maximum horizontal distance between a property line and a setback line, as established by this UDO. 

Effective on: 4/21/2025

Setback Line. A line established by the UDO, generally parallel with and measured from the lot lines, defining the limits of the required yards. 

Effective on: 4/21/2025

Shopping Center, Business Park, Office Park, Industrial Park, or Other Grouping. A project of one (1) or more buildings that has been planned as an integrated unit or cluster on property under unified control of ownership at the time that zoning was approved by the City.

Effective on: 1/1/1901

Short-Term Rental. In accordance with IC 36-1-24-6, the rental of a single-family home, an accessory dwelling unit, a duplex, a multi-family dwelling, or a condominium, or a unit within the stated residential buildings, for terms of less than thirty (30) days at a time through a short-term rental platform.  

Effective on: 4/21/2025

Short-Term Rental, Owner-Occupied. In accordance with IC 36-1-24-3, means property that is the owner's primary residence and is offered to the public as a short-term rental.  

Effective on: 4/21/2025

Short-Term Rental, Not Owner-Occupied. Is a short-term rental property that is not property owner’s primary residence. 

Effective on: 4/21/2025

Short-Term Rental Platform. In accordance with IC 36-1-24-7, an entity that provides an online platform through which unaffiliated parties offer to rent a short-term rental to an occupant and collects fees for the rental from the occupant. 

Effective on: 4/21/2025

Sign. Any name, identification, description, display, or illustration which is affixed to, painted on, or is represented directly or indirectly upon a building, structure, or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization, or business. 

(Ord. 041822E, 05/16/2022)

Effective on: 5/16/2022

Sign Area. The entire area within a regular geometric form or combination of such forms comprising all the display area of the sign or any object which attracts attention to be drawn towards the sign. Signs which are made of individual letters shall be calculated by measuring the total vertical distance by total horizontal distance of such letters. Structural supports shall not be included in the sign area calculation provided that the structural support is not an integral portion of the sign.

Effective on: 1/1/1901

Sign Clearance. The smallest vertical distance between the grade, grade of the adjacent street or street curb, and the lowest point of any sign, including framework and embellishments, extending over that grade.

Effective on: 1/1/1901

Sign Face. The area of a sign on which the copy is placed or that draws attention to the sign.

Effective on: 1/1/1901

Sign Height. The vertical distance measured from the highest point of the sign face to the grade of the adjacent street or the surface beneath the sign.

Effective on: 1/1/1901

Sign Permit. A document signed by the Department stating that a proposed sign has met with the general provisions of this UDO.

Effective on: 1/1/1901

Sign Structure. The structure to which a sign is affixed including the structural base or supports.

Effective on: 1/1/1901

Signature Monument Sign. A free-standing ground sign that is located at the entrance to a subdivision or apartment complex that is mounted on a signature monument. Examples of signature monuments, include, but are not limited to: a fountain, clock tower, masonry gazebo, outdoor plaza with water feature, etc. 

Effective on: 4/21/2025

Site. A site is any lot or group of contiguous lots owned or functionally controlled by the same person or entity, assembled for development

Effective on: 1/1/1901

Site Width. The dimension of a lot measured between side lot lines generally running perpendicular to a street

Effective on: 1/1/1901

Site Depth. The horizontal distance between the front and rear property lines measured midway between the side property lines.

Effective on: 1/1/1901

Small Farm Animals. Small farm animals are small domestic farm animals such as, but not limited to, chickens, ducks, and rabbits.

Effective on: 1/1/1901

Small Integrated Center. Small integrated center is any multi-tenant building primarily featuring commercial retail and service uses with less than 30,000 square feet.

Effective on: 1/1/1901

Soil Map. A National Cooperative Soil Survey prepared by USDA Soil Conservation Service in cooperation with Purdue Experiment Station and the Hamilton County Soil and Water Conservation District.

Effective on: 1/1/1901

Solar Energy System (SES). A device, array of devices, or structural design feature, the purpose of which is to provide for generation or storage of electricity from sunlight, or the collection, storage, and distribution of solar energy for space heating or cooling, daylight for interior lighting, or water heating. 

SES, Commercial. Pursuant to IC 8-1-42-2, it is a solar energy system that has a nameplate capacity of at least ten (10) megawatts and captures and converts solar energy into electricity for the purpose of selling the electricity at wholesale and for use in locations other than where it is generated. It may be designed as freestanding, parking lot canopy, roof- or wall-mounted, or a combination of any of these SES as defined in this UDO. 

SES, Freestanding. A solar energy system with a supporting framework that is placed on, or anchored in, the ground and that is independent of any building or other structure other than parking lot canopy solar energy systems. 

SES, Parking Lot Canopy. A solar energy system with a supporting framework that is placed on, or anchored in, the ground and that is independent of any building or other structure, which is used in a parking lot or the top story of a parking structure to shade vehicles parked in such lot or structure. 

SES, Roof-Mounted. A solar energy system that is structurally affixed to a roof of a principal or accessory structure. 

SES, Wall-Mounted. A solar energy system that is structurally affixed to or an integral part of a principal or accessory building (e.g., solar panel awnings, solar panels built into the walls or skylights). 

Effective on: 4/21/2025

Solar Reflectance Index (SRI). A measure of a constructed surface’s ability to reflect solar heat, as shown by a small temperature rise. The measure utilizes a scale from 0 to 100 and is defined so that a standard black surface is 0 and a standard white surface is 100. To calculate for a given material, obtain the reflectance value and emittance value for the material; calculate the SRI according to ASTM E 1980-01 or the latest version. 

Effective on: 4/21/2025

Spandrel Glass Windows. Non-transparent glass panels used within a fenestration system to conceal structural elements. These panels must be integrated into a simulated window assembly that includes a recessed or projecting frame and a distinct architectural sill. The glazed opaque area shall be limited to white, black, or a color that matches the primary building material of the surrounding facade.

Effective on: 4/20/2026

Special Event Sign. A sign upon which information about events or activities conducted by religious, civic, educational, community, governmental, or similar organizations is displayed.

Effective on: 1/1/1901

Special Exception. A use which may be permitted in a district only if it meets special conditions, and upon application, is specifically authorized by the Board.

Effective on: 1/1/1901

Special Exception Permit. A document issued verifying the permitting of a use within a district other than a primarily permitted use.

Effective on: 1/1/1901

Special Flood Hazard Area (SFHA). Those lands within the jurisdictions (including extraterritorial jurisdictions) of the City subject to inundation by the regulatory flood. The SFHAs of the City are generally defined as such on the Hamilton County, Indiana and Incorporated Areas Flood Insurance Rate Map prepared by the FEMA, dated February 19, 2003, as well as any future updates, amendments, or revisions, prepared by the FEMA with the most recent date. The SFHAs of those parts of unincorporated Hamilton County, Indiana that are within the extraterritorial jurisdiction of the City or that may be annexed into the City are generally identified as such on the Hamilton County, Indiana and Incorporated Areas FIRM prepared by the FEMA and dated February 19, 2003 as well as any future updates, amendments, or revisions, prepared by the FEMA with the most recent date. (These areas are shown on a FHBM or FIRM as Zone A, AE, A1-A30, AH, AR, A99, or AO).

Effective on: 1/1/1901

Special Handling. Retail businesses that sell products that require special handling due to risks to public safety.

Effective on: 1/1/1901

Specimen Tree. Trees with a caliper of 24 inches or greater and that are not found in Exhibit LA-B: Invasive and Poor Characteristic Species of the City of Fishers Approved List of Recommended Species.

Effective on: 1/1/1901

Stacking Space. An off-street area, separate from or in addition to, the required parking area, reserved for the temporary retention of vehicles that are queuing up or utilizing the services of a drive-through service unit. 

Effective on: 4/21/2025

Story. That portion of a building, included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall be the story.

Effective on: 1/1/1901

Street. Any vehicular right-of-way that:

1. Is an existing State, County, or municipal roadway;
2. Is shown upon a plat approved pursuant to law;
3. Is approved by other official action; or
4. Is shown on a plat duly filed and recorded in the Office of the Hamilton County Recorder; includes the land between the street lines, whether improved or unimproved.

Effective on: 1/1/1901

Street Width. The shortest distance between the lines which delineate the right-of-way of a street.

Effective on: 1/1/1901

Structural Alteration. Any change in the supporting members of a building or structure such as bearing walls, partitions, columns, beams or girders, or any change in the footprint or increase in the size of living space. Also, substantial roofing and siding work when repairs are made to the structure beneath.

Effective on: 1/1/1901

Structure. (as related to CHAPTER 9. FLOODPLAIN STANDARDS) A structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, or a prefabricated building. The term also includes recreational vehicles to be installed on a site for more than 180 days.

Effective on: 1/1/1901

Structure. Anything constructed or erected which requires location on the ground or attachment to something having a location on the ground, including but not limited to buildings, sheds, detached garages, mobile homes, manufactured homes, above-ground storage tanks, freestanding signs and other similar items.

Effective on: 1/1/1901

Subdivider. Any person or persons, firm or corporation engaged in developing or improving a tract of land which complies with the definition of a subdivision as defined in the UDO.

Effective on: 1/1/1901

Subdivision. The division of a parent tract or other piece of land into at least two (2) smaller lots or the combination of two (2) or more smaller lots into one (1) lot so that, either now or in the future, the subdivider can transfer ownership, construct buildings or establish a use other than vacant, or create new building sites for leasehold, and as further defined in the UDO.

Effective on: 1/1/1901

Subdivision Control Ordinance. An ordinance relating to subdivision control regulations codified in the UDO.

Effective on: 1/1/1901

Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

Effective on: 1/1/1901

Sunroom A sunroom is a structure, either attached or integrated into a building such as a home, restaurant, or office, which allows enjoyment of the surrounding landscape while being sheltered from adverse weather. Setback Encroachment cannot be converted into a living, sleeping or conditioned space as defined by the International Residential Code.   

Effective on: 4/21/2025

Suspension. (as related to CHAPTER 9. FLOODPLAIN STANDARDS) The removal of a participating community from the NFIP because the community has not enacted and/or enforced the proper floodplain management regulations required for participation in the NFIP.

Effective on: 1/1/1901

Swimming Pool. A self-contained body of water at least 24 inches deep and eight (8) feet in diameter or width and used for recreational purposes. It may be above or below ground level. Above ground swimming pools shall be considered an accessory structure/use. Below ground swimming pools shall not be considered an accessory structure but shall be considered an accessory use.

(Ord. 121922E, 01/17/2023)

Effective on: 4/21/2025

Tattoo Parlor. A facility where tattooing is provided or where the business of tattooing is conducted.

Effective on: 4/20/2026

Telecommunication Facility. A land based facility, consisting of towers, antennas, accessory buildings and structures or other structures intended for use in connection with the commercial transmission or receipt of radio or television signals, or any other spectrum-based transmissions/receptions.

Effective on: 1/1/1901

Telecommunication Tower. Any structure that is designed and constructed primarily for supporting one (1) 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.

Effective on: 1/1/1901

Temporary Certificate of Occupancy. A certificate with a specific expiration date issued by the Director stating that, at the time of issuance, the occupancy and use of a building or structure does not fully comply with the provisions of all applicable City Codes and Ordinances, but may be occupied for the specified period subject to conditions stipulated on the certificate.

Effective on: 1/1/1901

Temporary Use/Structure. A land use or structure established for a limited and fixed period.

Effective on: 1/1/1901

Temporary Use Permit. A permit with a specific expiration date issued by the Director stating that a proposed temporary use or structure complies with the applicable provisions of the UDO.

Effective on: 1/1/1901

Tenant Space. An area of a building intended for the use of a single business with a separate external entrance.

Effective on: 1/1/1901

Temporary Structure. A tent, awning, or the like used as a temporary shelter, cover, or device.

Effective on: 1/1/1901

Theater. A facility for audio and visual productions and performing arts, excluding adult motion picture theaters and adult entertainment businesses.

Effective on: 1/1/1901

Thoroughfare Plan. The part of the Comprehensive Plan, now or hereafter adopted, which includes a plan for major streets and highways and sets forth the location, alignment, dimensions, streets, highways, and other thoroughfares.

Effective on: 1/1/1901

Trade, Business, or Commercial School. An educational facility which offers instruction specific to a trade, business, or commercial.

Effective on: 1/1/1901

Tree Canopy. The area of the property under the trees that consists of the total crown spreads or driplines of all trees existing and/or proposed on-site. 

Effective on: 4/21/2025

Tree Canopy Coverage is an area on the lot under the tree canopy measured as the sum of the canopy at maturity of the individual trees located on the lot.  

Effective on: 4/21/2025

Tree Canopy Coverage Percentage is a required tree canopy coverage calculated as a percentage of a certain area or a lot as prescribed by this UDO.  

Effective on: 4/21/2025

Tree Size. 

•  Small Tree. A tree with mature height of less than thirty (30) feet. 
• Medium Tree. A tree with mature height between thirty (30) and seventy (70) feet. 
• Large Tree. A tree with mature height over seventy (70) feet. 

Effective on: 4/21/2025

Through Lot. A lot having frontage on two (2) parallel or approximately parallel streets.

Effective on: 1/1/1901

Tower Setback. The horizontal distance from the base of the tower to an abutting property line and/or proposed right-of-way.

Effective on: 1/1/1901

Townhouse. One of several individual housing units constructed with a common roof, front wall and rear wall.

Effective on: 1/1/1901

Township. Fall Creek Township and Delaware Township in Hamilton County, Indiana.

Effective on: 1/1/1901

Truck Stop. A multiple-use facility that may be comprised of overnight parking for trucks and two (2) or more of the following:

1. Restaurant;
2. Gas station;
3. Scales;
4. Shower facilities;
5. Convenience store.

Effective on: 1/1/1901

Turf. Lawn-type grasses that are intended to be manicured and maintained at no more than eight (8) inches of height.

Effective on: 1/1/1901

Use. The purposes for which land, building, or structure thereon is designed, arranged, or intended, or for which it is occupied, maintained, let, or leased.

Effective on: 1/1/1901

Use Variance. The approval of a use other than that prescribed by the UDO, an act granted by IC 36-7-4-918.3.

Effective on: 1/1/1901

Utility Trailer. A non-motorized vehicle, without motive power, designed and used primarily for transporting goods, materials, equipment, or personal property, and not designed for human habitation.

Effective on: 4/20/2026

Variety Store. A retail establishment that sells a multitude of consumer goods.

Effective on: 1/1/1901

Vehicle Maintenance/Retail/Service Facility. A facility in which the primary use is the retailing of a vehicle part, which is typically installed onto a vehicle free of charge following the on-site purchase, with no overnight storage of vehicles at this facility. 

Effective on: 4/21/2025

Vehicle Service/Repair Facility. A facility where providing vehicular service is the primary use of the structure/ business including accessory indoor or outside storage of vehicles for limited time.

Effective on: 4/21/2025

Vehicle Sign. A sign on a vehicle of any kind, provided the sign is painted or attached directly to the body of the vehicle and does not project or extend beyond 15 inches from the original body proper of the vehicle.

Effective on: 1/1/1901

Veterinary Clinic. A facility involved in the care, diagnosis, medical treatment, or surgery of the animals. This use does not include a “Kennel,” and overnight boarding of animals shall only be permitted when incidental to such medical treatment and limited to short periods of time. 

Effective on: 4/21/2025

Vibration. Oscillatory motion transmitted through the ground.

Effective on: 1/1/1901

Violation. The erection, alteration, enlargement, maintenance or use of any building, structure or land in violation of any provision of the UDO, the sign ordinance, the weed ordinance, or the building codes of the City applicable to such building, structure or land in the zoning district in which it is located.

Effective on: 1/1/1901

Vision Clearance on Corner Lots. A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision, the standards for which are set forth in Article 6.20. Vision Clearance Standards.

Effective on: 1/1/1901

Wall Sign. A sign affixed directly to or painted on or otherwise inscribed on an exterior wall and confined within the limits thereof of any building and which projects from that surface less than 12 inches at all points.

Effective on: 1/1/1901

Water Surface Elevation. The height, in relation to the North American Vertical Datum of 1988 (NAVD 88) or National Geodetic Vertical Datum (NGVD) of 1929, (or other datum where specified) of floods of various magnitudes and frequencies in the floodplains of riverine areas.

Effective on: 1/1/1901

Watercraft. Boat or Watercraft. Any vessel designed for navigation on water, including boats, personal watercraft, and similar marine craft, whether stored on a trailer or not.

Effective on: 4/20/2026

Watercourse. A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

Effective on: 1/1/1901

Wind Energy System, Large. A facility or equipment that converts wind energy into electrical power for the primary purpose of sale, resale, or off-site use and that has an output rating greater than 100 KW.  

Effective on: 4/21/2025

Wind Energy System, Small. A facility or equipment that converts wind energy into electrical power primarily to support the principal use(s) on the same property, that is mounted to the ground or a rooftop, and that has a rated capacity of 100 KW or less. 

Effective on: 4/21/2025

Wood. The wood of trees cut and prepared for use as an exterior building material.

Effective on: 1/1/1901

Wooded Lot. An area which contains trees at a rate above 250 cumulative inches DBH per acre. Trees under two and one-half (2.5) inches DBH are not included in the cumulative DBH calculation per acre.

Effective on: 1/1/1901

‘X’ Zone. The area where the flood hazard is less than that in the SFHA. Shaded X Zones shown on recent FIRMs (B zones on older FIRMs) designate areas subject to inundation by the flood with a 0.2% chance of being equaled or exceeded (the 500-year flood). Unshaded X Zones (C zones on older FIRMs) designate areas where the annual exceedance probability of flooding is less than 0.2%. See also “Zone B, C, and X.”

Effective on: 1/1/1901

Yard. A space on the same lot with a primary building that is open and unobstructed except as otherwise authorized by this UDO. 

Effective on: 4/21/2025

Zone. A geographical area shown on a FHBM or FIRM that reflects the severity or type of flooding in the area.

Effective on: 1/1/1901

Zone B, C, and X. Areas identified in the community as areas of moderate or minimal hazard from the principal source of flood in the area. However, buildings in these zones could be flooded by severe, concentrated rainfall coupled with inadequate local drainage systems. Flood insurance is available in participating communities but is not required by regulation in these zones. (Zone X is used on new and revised maps in place of Zones B and C.) See also “‘X’ Zone.”

Effective on: 7/20/2018

Zoning District. Areas within the City for which uniform zoning regulations governing use, height, area, size, intensity of use of buildings and land, and open spaces about buildings, are established by this UDO. Zoning districts are drawn on the Official Zoning Map.

Effective on: 1/1/1901

Zoning Ordinance. Those sections of the UDO, now or hereafter adopted, that include the Official Zoning Map, regulations, requirements and procedures for the establishment of land use controls.

Effective on: 1/1/1901