Words used in a special sense in this title are defined in this chapter. All other words, terms, and/or phrases not specifically defined by this title shall have the meaning inferred from their context in this title or their ordinarily accepted definitions.

(Ord. 04-09 § 13.1)

A

"Abandonment" means to intentionally stop the use or development of a property for a continuous period of time.

"Abutting" means having a common border, including being separated from such a common border by a right-of-way, street, alley, easement, body of water, or other feature. In some cases, where specified by this title, abutting also includes lots or other features within a specific vicinity.

"Access point" means a driveway or other means of physical connection for the movement of vehicles or persons between a property and an adjacent property or street.

"Accessory structure" means a structure that is subordinate to a primary structure in area, intent, and/or purpose; contributes to the comfort, convenience, or necessity of occupants of the primary structure; does not alter or change the character of the property; and is located on the same lot as the primary structure.

"Accessory use" means a use which is secondary to a primary use in area, intent, and/or purpose; contributes to the comfort, convenience, or necessity of occupants of the primary use; does not alter or change the character of the property; and is located on the same lot as the primary use.

"Acre" means a land area equal to forty-three thousand five hundred sixty (43,560) square feet.

Acreage, Gross. "Gross acreage" means the total area within a parcel of land.

"Addition" means any construction that increases the size of a structure in terms of site coverage, floor area, volume, and/or height.

"Address" means the number or other designation assigned to a housing unit, business establishment, other structure, or lot for the purposes of mail delivery, emergency services, and general identification.

Adjacent: see "Abutting."

Adjoining: see "Abutting."

"Administrative/professional office" means an office establishment primarily engaged in overall management and general supervisory functions, such as executive, personnel, finance, legal, and sales activities.

"Administrator" means the individual or group responsible for the implementation and enforcement of this title. The planning director shall be the administrator of this title.

"Adult use" means any establishment consisting of, including or having the characteristics of any or all of the following:

1.

"Adult bookstore" or "adult video store" means an establishment having more than twenty (20) percent of its stock-in-trade, floor area, or display area used for the sale, rental, or trade of books, magazines, publications, tapes, films, or any other form of media that are distinguished or characterized by the emphasis on sexually oriented material depicting, describing, or relating to sexual activities or anatomical genital areas.

2.

"Adult cabaret" means an establishment, either with or without a liquor license, offering sexually oriented dancing or other live entertainment, which may include persons who appear in a state of nudity or semi-nudity.

3.

"Adult novelty business" means an establishment which has a principal activity in the sale of devices which stimulate human genitals, devices which are designed for sexual stimulation, or which are characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.

4.

"Adult theater" means theater, concert hall, auditorium, or similar commercial establishment, either indoors or outdoors, which regularly features the presentation of motion pictures, films, theatrical productions, live performances, and other forms of visual production, by persons who appear in a state of nudity or semi-nudity or which are characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.

5.

"Sex shop" means an establishment offering for sale or rent items from any two of the following categories: sexually oriented books, magazines, and videos; leather goods marketed or presented in a context to suggest their use for sexual activities; sexually oriented toys and novelties; or video viewing booths; or an establishment that advertises or holds itself out in any forum as a sexually oriented business.

"Advertising structure (off premise sign)" means any sign or structure functioning to direct attention to an establishment or business that is not located on the same legal parcel as the advertising sign or structure.

"Advisory plan commission" means a plan commission serving a single local government jurisdiction established as defined under the Indiana Code, 36-7-1-2 (1983) as amended. The Franklin plan commission is the advisory plan commission referred to by this title.

"Agricultural products sales, distribution, and storage" means a primary use engaged in the sale or rental of farm tools and equipment, grain, tack, animal care products, and farm supplies. This excludes the sale of large farm implements, such as tractor and combines, but does include food sales and farm machinery repair services that are incidental to the primary use.

"Agricultural products terminal" means a commercial facility for the transfer, pickup, storage, or discharge of agricultural goods.

"Agriculture" means farming, including dairying, pasturage, apiculture, agriculture, horticulture, floriculture, viticulture, forestry and animal and poultry husbandry, and the necessary incidental uses, all of which are directly related to the production of food. The operation of any incidental uses shall be secondary to that of the normal agricultural activities. Agriculture shall not include stock yards, the commercial feeding of garbage or offal to swine or other animals, or the raising of animals for medical tests or other experiments.

"Agriculture structure" means a structure located on a farm and designed and constructed to house farm implements, livestock, hay, grain, fruit, and/or other agricultural products, supplies, and equipment used by the operators of the farm. An agriculture structure shall not include dwellings or structures used for the processing, treating, or packaging of agricultural products, or by the public.

"Agricultural zoning district" means the AG, agriculture zoning district.

"Airport" means any area of land designed and used for the landing and take-off of aircraft, including all necessary facilities for the housing and maintenance of aircraft.

"Alley" means a public right-of-way, other than a street, road, crosswalk, or easement, that provides secondary access for the abutting property.

"Alteration" means any change, addition, or modification in construction or use of an existing structure or property.

"Amateur radio tower" means a freestanding or building-mounted structure, including any base, tower or pole, antenna and appurtenances, intended for airway communication purposes by a person holding a valid amateur radio license from the Federal Communications Commission.

"Amend" or "amendment" means any repeal, modification, or addition to a regulation; or any new regulation.

"Animal and animal products processing" means the processing or treatment of animals and animal material as a raw resource for refinement as food and nonedible products.

"Animal" means any live vertebrate creature, domestic or wild, excluding human beings.

"Animal boarding" means the use of any structure and/or land for the lodging, breeding, or care of dogs, cats, pets, fowl, horses, or other domestic animals for profit, excluding animals used for agricultural purposes.

"Animal, domestic" means any animal that has been adopted by human beings to live and breed in a tame condition.

"Animal, farm" means any animal that customarily is raised for profit on farms and has the potential of causing a nuisance outside of rural areas or if not properly maintained.

"Animal shelter" means a facility used to care for and house lost, stray, homeless, abandoned, or unwanted animals; including those found running at-large or otherwise subject to impoundment consistent with applicable laws. Animal shelter includes facilities for adoption, medical treatment, and cremation.

"Antenna" means any system of wires, poles, rods, reflecting discs, or similar devices used for the purpose of receiving and or transmitting signals, images, sounds, or information of any nature by radio, visual, or electromagnetic waves, including but not limited to directional or omni-directional antennas, panels, and microwave or satellite dishes external to or attached to the exterior of any building.

"Apartment" means a dwelling unit in a structure, arranged, intended, designed, or occupied on a rental basis for the housing of a single family, an individual, group of individuals, or other single housekeeping unit.

"Applicant" means the owner, owners, or legal representative of real estate who make application for action affecting the property.

"Application" means the completed form or forms, together with any other required materials, exhibits, and fees required of an applicant consistent with the procedures established by this title.

"Appurtenance" means a minor element of a larger structure, such as a bay window, stairs, light post, etc.

"Arcade" means a building or part of a building containing four or more video, pinball, or similar player-operated amusement devices, in any combination, for commercial use.

"Archery range" means a facility designed and/or used for target practice with bows and arrows.

Arterial street: see "Street, arterial."

Arterial road: see "Street, arterial."

"Assembly facility" means a building or portion of a building in which facilities are provided for group civic, educational, political, professional, religious, cultural, or social functions.

"Assisted living facility" means a facility providing services that assist residents with daily activities, such as dressing, grooming, bathing, etc.

"Athletic field" means a wide stretch of open land used for outdoor games such as baseball, basketball, football, or soccer.

"Auction facility" means a building or property used for the storage of goods and materials that are to be sold on the premises by public auction, and for the sale of the said goods and materials by public action on an occasional basis only.

"Auto-oriented uses, large scale" means uses such as sales and service of automobiles, motorcycles and/or recreational vehicles, and others listed under the heading of auto-oriented uses, large scale by the land use matrix included in this title. This does not include any uses, such as auto repair shops or gas stations, listed under the headings of auto-oriented uses medium or small scale.

"Auto-oriented uses, medium scale" means uses such as auto repair and body work, vehicle detailing/auto accessory sales and installation, oil change/lube shops, and others listed under the heading of auto-oriented uses, medium scale by the land use matrix included in this title. This does not include any uses listed under the headings of auto-oriented uses large or small scale.

"Auto-oriented uses, small scale" means uses such as gas stations, car washes, and others listed under the heading of auto-oriented uses, small scale by the land use matrix included in this title. This does not include any uses listed under the headings of auto-oriented uses large or medium scale.

"Automobile parts sales" means the use of any structure and/or property for the display and sale or new or used parts for motor vehicles. This does not including any salvage yard or the storage of inoperable vehicles.

"Automobile repair" means the use of a structure or property for the repair of motor vehicles, including noncommercial trucks, motorcycles, recreational vehicles and boats; including, but not limited to, the sale installation and servicing of equipment and parts. Automobile repair includes muffler shops, auto repair garages, tire sales and installation, wheel and brake shops, body and fender shops, and similar repair and service activities, but excludes dismantling or salvage.

"Automobile sales and service" means the storage and display for sale of more than two motor vehicles where repair work, body work, and parts sales is incidental to the operation of the new or used vehicle sales.

"Awning" means a roof-like cover, often of fabric, metal, or glass designed and intended for protection from the weather or as a decorative embellishment, and which projects from a wall or roof of a structure over a window, walk, or door. Awnings include those that may be retracted or folded against the face of a supporting building.

B

"Bakery (retail)" means an establishment primarily engaged in the retail sale of baked products for consumption off-site. The products may either be prepared on or off-site.

"Bakery (commercial)" means a place for preparing, cooking, baking, and wholesale selling of products intended for off-site distribution and retail sales.

"Balcony" means a platform that projects from the wall of a building and is surrounded by a railing or parapet.

"Bank" means a facility for the custody, loan, or exchange of products, typically money. Also included is the extension of credit and facilitating the transmission of funds.

Banquet hall: see "Assembly hall."

"Bar" means a facility or area used primarily for the serving of alcoholic beverages, and in which the serving of food is only incidental to the consumption of alcohol.

"Barber shop" means any establishment or place of business within which the practice of cutting hair is engaged in or carried on by one or more employees.

"Base flood elevation (BFE)" means the elevation of the one-percent annual chance flood.

"Basement" means the portion of a building located below the first level, a majority of the height of which is located below the average finished grade of the building perimeter.

"Batching plant" means a facility for the manufacture or mixing of concrete, cement, and concrete and cement products, including any apparatus, equipment, and uses incidental to such operations.

"Beauty salon" means any commercial establishment where cosmetology is offered or practiced on a regular basis for compensation.

"Bed and breakfast facility" means a private, owner occupied residence which provides temporary overnight sleeping accommodations and meals to the general public in ten (10) or fewer guest rooms for periods not to exceed three consecutive weeks.

"Berm" means a manmade mound of earth of definite height and width used for landscaping and obscuring purposes.

"Billiard room (pool hall)" means a business establishment containing more than two pool or billiard tables for the use by patrons.

"Block" means property abutting one side of a street and lying between the two nearest intersecting streets (either crossing or terminating), railroad right-of-way, lake, river, stream, or other physical boundary.

"Board of zoning appeals" means a board established consistent with the Indiana Code 36-7-4-900 series. The Franklin board of zoning appeals is the board of zoning appeals referred to by this title.

"Boarding house" means a building or part of a building that contains accommodation facilities for lodging for definite periods of time, typically with meals served from a single kitchen. Boarding houses do not include bed and breakfasts, multifamily dwellings, hotels, or motels.

"Boat storage facility" means a structure or area designed for the storage of watercraft and marine equipment.

"Bookstore" means a retail establishment that, as its primary business, engages in the sale, rental, or other charge for use of books, magazines, newspapers, greeting cards, postcards, videotapes, computer software and/or any other printed or electronically conveyed media.

Bond: see "Surety."

"Bottle gas storage and distribution" means the storage and distribution of bottle gasses including propane, carbon dioxide, helium, and other commercially used gases.

"Bowling alley" means an establishment that devotes a majority of its gross floor area to bowling lanes, equipment, and playing areas. A bowling alley may include other incidental uses, such as other recreation activities, a restaurant, or a bar.

"Buffer" means a strip of land, a fence, and/or area of landscaping between one use and another designed and intended to separate those uses.

"Buffer landscaping" means any trees, shrubs, walls, fences, berms, or related landscaping features required by this title as part of a buffer.

"Buffer yards" means an area adjacent to front, side and/or rear property lines, measured perpendicularly from adjacent property lines and/or right-of-way lines, intended to screen incompatible uses from each other. Buffers yards are also used to help 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.

"Building supply store" means a large warehouse-style establishment that offers retail and wholesale site development, building, and hardware supplies, including various basic hardware lines, such as tools, builder's hardware, plumbing and electrical supplies, paint and glass, housewares and household appliances, and garden supplies and cutlery. A lumberyard may be included as an incidental use to the building supply retail sales.

"Build-to line" means a line parallel to the front property line indicating the distance from the front property line at which primary structures must be built. A built-to line is neither a minimum or a maximum, but rather a specific requirement.

Buildable area: see "Building envelope."

"Building" means a structure having a roof, supported by columns or walls, for the shelter, support, or enclosure of persons, property, or animals. When separated by division walls from the ground up and without openings, each portion of such building may be deemed as a separate building.

"Building code" means the locally adopted Indiana Building Code establishing and controlling the standards for constructing mechanical equipment, all forms of permanent structures, and related matters within Franklin. Also referred to in this title as the Franklin building code.

"Building, attached" means a building that is structurally connected to another building by a foundation, wall, or roof line.

"Building, detached" means a building which is surrounded by open space and located on the same lot as another building.

"Building envelope" means the three dimensional portion of a lot or site, exclusive of all required setbacks, buffer yards, maximum height standards, landscaping, or open space within which a structure may be built.

Building height: see "Structure height."

"Building official" means the person responsible for the enforcement of the Franklin building code.

"Building permit" means an official certification issued by the building official authorizing the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving, or repair of a building or other structure.

"Bus/mass transit terminal" means a centralized and/or primary community facility for the transient housing or parking of motor driven buses, and the loading and unloading of passengers.

"Business" means a commercial endeavor to engage in the purchase, sale, lease, barter, or exchange of goods, wares, merchandise, and/or the provision of services.

"Business district" means a geographic area used for commerce and the operation of a business or businesses.

"Business/financial services office" means any office where the primary occupation is concerned with such federal or state-regulated businesses as banking, savings and loans, loan companies, and investment companies.

BZA: see "Board of zoning appeals."

C

"Campground" means any site, lot, field, or tract of land designed with facilities for short term and/or seasonal occupancy by recreational vehicles and other camping equipment, but not including mobile homes.

"Campus" means an area of land constituting and making up the grounds of an institution, such as a college or university, a business complex, or a manufacturing park.

"Car wash" means the use of a property for the washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment.

"Carport" means a permanent structure, which includes a roof and roof-supports but not enclosed by walls, which is used as an accessory to a dwelling unit for the purpose of providing shelter to one or more vehicles.

"Cemetery" means land used or dedicated to the burial of the dead, including crematoriums and mausoleums.

"Certificate of occupancy" means a certificate issued by the city certifying that a newly constructed or modified structure and/or property is completed in its entirely and is in complete compliance with all applicable regulations of Franklin, and therefore may be occupied.

"Child day care center" means a business operated by a person, society, agency, corporation, institution, or any other group for the purpose of providing care, protection, and guidance for children during only part of a twenty-four (24) hour day. This term includes nursery schools, preschools and other similar facilities including educational facilities and those offering care for a full twenty-four (24) hour period.

"Child day care home" means as defined by IC 12-7-2-28.6 and for the purposes of the zoning ordinance, an establishment providing non-overnight care, supervision, and protection of children in private residences which is incidental to the primary residential use. A child day care home includes at least six and no more than sixteen (16) children (not including the children for whom the provider is a parent, stepparent, guardian, custodian, or other relative; or those which are at least age seven, who, at any time, receive child care from a provider: (1) while unattended by a parent, legal guardian or custodian; (2) for regular compensation; and (3) for more than four hours but less than twenty-four (24) hours in each of ten (10) consecutive days per year, excluding intervening Saturdays, Sundays, and holidays. The term includes class I child care homes and class II child care homes as defined in IC 12-7-2-33.7 and IC 12-7-2-33.8

"Child care institution" means as defined by IC 12-7-2-29 and for the purposes of the zoning ordinance: (1) a residential facility that provides child care on a twenty-four (24) hour basis for more than ten (10) children; or (2) a residential facility with a capacity of not more than ten (10) children that does not meet the residential structure requirements of a group home; or (3) operates under a license issued under IC 12-17.4; provides for delivery of mental health services that are appropriate to the needs of the individual; and complies with the rules adopted under IC 4-22-2 by the Indiana Division of Family and Children.

"Church" means the use of a building and/or property by a nonprofit group for the purpose of religious worship together with all incidental uses commonly associated with such a facility, such as a day-care center or school. Church includes synagogue, temple, mosque or any other like facility use d for worship and religious activities.

"Circus" or "carnival" means a temporary outdoor amusement center, bazaar, or fair, either involving use of special purpose equipment or conducted by professional operators, or both, and where activities include such things as rides, exhibitions, food service, sales, or small-scale games.

"City" means the city of Franklin, Indiana.

"Clinic" means an facility in which human patients are admitted for medical or dental study or treatment on an outpatient only basis, and in which the services of at least two physicians or dentists are provided.

"Cluster development" means a development in which a number of dwelling units, or other structures, are placed in closer proximity than usual, or are attached, for the purpose of providing open space.

"Cluster subdivision: see "Cluster development." College: see "University."

Collector street: see "Street, collector."

Collector road: see "Street, collector."

Commission: see "Advisory plan commission."

Commercial district: see "Business district." "Common area" means land within a development which is not individually owned or dedicated to the public, but which is designed and intended for the use, enjoyment, and maintenance of the property owners within that development or other specific area. The common area may include complimentary structures and/or other improvements.

"Common council" means the common council of the city of Franklin, Indiana.

"Common ownership" means ownership by the same person, corporation, firm, entity, partnership, or unincorporated association, including ownership by different corporations, firms, partnerships, entities, or unincorporated associations with at least one common stockholder, partner, or associate.

"Communications service exchange" means a telecommunications facility that houses one or more computer systems and related equipment dedicated to building, maintaining, and/or processing data. Such a facility would likely include a telephone service exchange, a data center, and a server farm.

"Community center" means a meeting place where people living in the same community and their guests may carry on cultural, recreational, or social activities.

"Compatible" means having harmony and consistency in design, function, and/or appearance.

"Comprehensive plan" means a document, consistent with the requirements the Indiana Code, that is a compilation of policy statements, goals and objectives, standards, maps, and statistical data for the physical, social, and economic development of the community. The city of Franklin comprehensive plan is the comprehensive plan referred to by this title.

"Concrete/asphalt production facility" means a facility where raw materials are processed into concrete or asphalt for sale and/or immediate use. Facilities typically include all necessary equipment for both transport and application of the finished product.

"Condition of approval" means stipulations or provisions set forth as a prerequisite for approval of an application.

"Condominium" means real estate lawfully subject to the IC 32-25 series, the Horizontal Property Law, by the recording of condominium instruments, in which undivided interests in the common areas and facilities are vested in the condominium unit owners.

"Conference center" means a facility used for service organizations, business and professional conferences, and seminars limited to accommodations for conference attendees. The accommodations can include sleeping, eating, and recreation. A conference center is not designed to be utilized only by the general public for overnight purposes.

"Confined feeding" means the raising of animals for food, fur or recreation in lots, pens, ponds, sheds or buildings, where they are confined, fed and maintained for at least forty-five (45) days during any year, and where there is no ground cover or vegetation present over at least half of the animals' confinement area. Livestock markets and sale barns are excluded from this term. See also "Farm (confined feeding)."

Contiguous: see "Abutting."

"Contractor's warehouse/storage yard" means an unenclosed portion of a lot or parcel upon which a construction contractor maintains a facility for the storage of construction equipment and other materials customarily used in the trade carried on by the contractor.

"Cornice" means any prominent continuous, horizontally projecting feature surmounting a wall or other construction

"County" means Johnson County, Indiana.

"Convenience store" means a small retail establishment that offers for sale a limited line of groceries, convenience goods, tobacco products, periodicals, and other household products. A convenience store may also sell gasoline.

"Covenants" means private and legal restrictions of various kinds on the usage of lots, typically within a subdivision and applied by the subdivider, that are recorded with the plat and deed. Covenants are enforceable in civil court by interested or affected parties.

"Craft/fabric store" means any business that produces on the premises articles for sale of artistic quality or handmade workmanship, or businesses that primarily sell items and materials used in the creation of crafts and other such handiwork.

"Crop processing and storage" means the processing of harvested crops, as well as the storage of both the raw and processed crops. Processing includes any or all of the following or similar activities as they relate to crop produce: cleaning, shelling, drying, cooking, and packaging.

"Crop production" means the production and management of agricultural crops, including planting, cultivation, and harvesting.

Cul-de-sac: see "Street, cul-de-sac."

"Curb cut" means the providing of vehicular ingress and/or egress between property and an abutting public street.

D

"Dance/martial arts studio" means an establishment where patrons learn and/or practice dance or martial arts.

"Data processing center" means facilities where electronic data is processed by employees, including data entry storage, conversion, or analysis; subscription and credit card transaction processing; telephone sales and order collection; mail order and catalogue sales; and mailing list processing.

Day care center: see "Child day care center."

Day care home: see "Child day care home." "Deck" means a platform, either freestanding or attached to building that is supported by pillars or posts.

Deciduous tree: see "Tree, deciduous."

"Dedication" means the intentional setting apart of land or interests in land for use by the city of Franklin.

"Defective landscaping" means dead or dying plant material, damaged berms, walls, fences, and/or other landscaping elements.

"Deli (delicatessen)" means an establishment where food is sold for consumption either on or off premises, excluding groceries and supermarkets.

"Density" means the number of dwelling units per acre.

"Density, gross" means the numerical value obtained by dividing the total number of dwelling units in a development or area by the gross size of the area (in acres), including all nonresidential land uses, rights-of-way, streets, and other features included in the area.

"Density, net" means the numerical value obtained by dividing the total number of dwelling units in a development or area of the actual tract of land (in acres) upon which the dwelling units are located, or proposed to be located, including common open space and excluding nonresidential uses, rights-of-way, and streets.

"Department store" means a business conducted under a single name that directly exhibits and sells a variety of unrelated merchandise and services to customers (includes discount stores).

"Detached structure" means a building that has no structural connection with the primary structure.

"Detention area" means an area that is designed to capture specific quantities of stormwater and to gradually release the stormwater at a sufficiently slow rate to avert flooding.

"Developer" means an individual, partnership, corporation (or agent thereof), or other entity that undertakes the responsibility for land development, particularly the designing of a subdivision plat or site development plan showing the layout of the land and the public improvements involved therein. In as much as the subdivision plat is merely a necessary means to the end of assuring a satisfactory development, the term "developer" is intended to include the term "subdivider," even though the personnel involved in successive stages of the project may differ.

"Development" means any manmade 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 one hundred eighty (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 standards" means regulations provided by this title that provide specific conditions for the development and use of buildings and property.

"Display window" means any first-floor window of a primary façade of a commercial building.

"Distribution facility" means a use where goods are received and/or stored for delivery to the final consumer at remote locations.

"District" means an area with common social, physical, economic, or land use characteristics.

"Domestic pets" means animals commonly used as household pets, protection, companions, and for the assistance of disabled persons. Domestic pets shall include animals that are cared for and treated in a manner acceptable for pet dogs, cats, and birds. Domestic pets shall include, but not be limited to, dogs, cats, parakeets, parrots, finches, spiders, guinea pigs, hamsters, gerbils, rats, mice, rabbits, aquarium fish, pot belly pigs, ferrets, and snakes if cared for in the manner described above.

"Dormitory" means a structure specifically designed to provide sleeping and living quarters for long-term stay by students of a college, university, or other institution. A common kitchen and common gathering rooms may also be provided.

"Drainage" means the outflow of water or other fluids from a site through either natural or artificial means.

"Drainage system" means all facilities, channels, and areas which serve to convey, filter, store, and/or receive stormwater, either on a temporary or permanent basis.

"Drip line" means an imaginary vertical line that extends from the outermost branches of a tree's canopy to the ground.

Drive, private: see "Street, private."

"Drive-thru/drive-up facility" means a small scale establishment developed so that its retail or service character is dependant on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle, rather than within a building or structure.

"Drive-thru service" means an opening or openings in the wall of a building or structure designed and intended to be used to provide for sales and/or service to patrons, who remain in their vehicles, products that are used or consumed off-site.

"Driveway" means a private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure.

"Driveway, common" means an access shared by adjacent property owners.

"Driving range" means an area equipped with distance markers, clubs, balls, and tees for practicing golf drives and putting, which may or may not include a snack-bar and pro-shop, but does exclude golf courses and miniature golf courses.

"Dry cleaners (commercial)" means a large scale establishment that cleans fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation in volatile solvents, and all related processes. Commercial cleaners serve businesses and clean uniforms, generally with the cleaners picking up and delivering the clothing to its business clients.

"Dry cleaners (retail)" means an establishment that cleans fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation in volatile solvents, and all related processes. Retail cleaners serve individuals on a walk-in basis, generally with patrons dropping off, and picking up their clothing.

"Dumpster" means a receptacle container that has a hooking mechanism that allows it to be raised and dumped into a sanitation truck, including dumpsters for trash, compacted materials, and recycling.

Duplex: see "Dwelling, two-family."

"Dwelling" means a building or structure or portion thereof, designed for the residential purposes of a family or other single housekeeping unit.

"Dwelling, accessory" means a separate and complete secondary dwelling unit established in conjunction with and clearly subordinate to another dwelling that which serves as the primary use and/or structure on the property.

"Dwelling, farm" means a single-family dwelling that is located on, and used in connection with farm operations.

"Dwelling, manufactured home" means single-family detached dwelling units that are factory built to the National Manufactured Construction and Safety Standards Act in a transportable section or sections. Manufactured homes are divided into three categories, types I, II, and III, as defined by this title.

"Dwelling, manufactured home type I" means a dwelling unit built in a factory bearing a seal of compliance with Federal Manufactured Housing Construction and Safety Standards (42 U.S.C.A. 5401 et seq.) which is at least twenty-three (23) feet in width for its entire length; has at least nine hundred fifty (950) square feet of occupied space; is installed and anchored on a permanent foundation with perimeter wall, according to the Indiana One and Two-Family Dwelling Code, as amended; and its pitched roof and siding are of materials customarily used for site constructed dwellings.

"Dwelling, manufactured home type II" means a dwelling unit built in a factory bearing a seal of compliance with Federal Manufactured Housing Construction and Safety Standards which has at least three hundred twenty (320) square feet of occupied space; is installed and anchored on a permanent foundation with perimeter wall, according to the Indiana One and Two-Family Dwelling Code, as amended; and its pitched roof and siding are of materials customarily used for site constructed dwellings.

"Dwelling, manufactured home type III" means a dwelling unit built in a factory bearing a seal of compliance with Federal Manufactured Housing Construction and Safety Standards which has at least three hundred twenty (320) square feet of occupied space; is installed and anchored on a permanent foundation with perimeter wall, according to the Indiana One and Two-Family Dwelling Code, as amended; and its pitched roof and siding are not of materials customarily used for site constructed dwellings.

"Dwelling, mobile home" means a transportable dwelling unit that is a minimum of eight feet in width and is built on a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical system contained therein, and which was manufactured either: 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, 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.

"Dwelling, multifamily" means a structure designed for and occupied by three or more families or other single units of housekeeping, with the number of families and housekeeping units in residence not exceeding the number of dwelling units provided.

"Dwelling, single-family" means a structure designed for and occupancy by one family or other single unit of housekeeping and therefore including no more than one dwelling unit.

"Dwelling site" means 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 manufactured homes and/or mobile homes.

"Dwelling unit" means any structure or portion thereof designed for or used for residential purposes as a self-sufficient, individual unit by one family or other similar social association of persons as a single housekeeping unit, and having permanently installed sleeping, cooking, and sanitary facilities.

"Dwelling, two-family" means a structure designed for occupancy by two families or other single units of housekeeping and therefore including no more than two dwelling units.

E

"Easement" means a grant by a property owner to specific persons, the general public, corporations, utilities, or others, for the purpose of providing services or access to the property.

"Egress" means an exit.

"Employment service" means an establishment that seeks and identifies available jobs for patrons seeking employment.

"Equipment sales and rental" means establishments primarily engaged in the sale or rental of tools, trucks, construction equipment, agricultural implements, and similar industrial equipment.

"Erosion" means the detachment, movement, and wearing away of soil and rock fragments by flowing surface or subsurface water or by wind.

Evergreen tree: see "Tree, evergreen."

"Existing manufactured home park or subdivision" means 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 ordinance codified in this title.

"Expansion of an existing manufactured home park or subdivision" means 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).

"Explosive manufacturing and storage" means the manufacture and storage of any chemical compound, mixture, or device of which the primary and common purpose is to function by explosion with substantially simultaneous release of gas and heat, the resulting pressure being capable of producing destructive effects.

F

"FBFM (Flood Boundary and Floodway Map)" means an official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated the areas of flood hazards and regulatory floodway.

"FEMA" means Federal Emergency Management Agency.

"FHBM (Flood Hazard Boundary Map)" means 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.

"FIRM (Flood Insurance Rate Map)" means 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.

"FIS (flood insurance study)" means 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.

"FPG (flood protection grade)" means the elevation of the regulatory flood plus two feet at any given location in the SFHA. (See also "Freeboard")

"Fabrication facility" means an establishment where employees and machinery are used to assemble product components created off-site.

"Façade" means the portion of any exterior elevation on a building, extending from grade level to the top of the parapet, wall, or eaves for the entire width of the building.

"Façade, primary" means the façade which faces a public street and contains the main entrance to the building.

"Façade, secondary" means any façade which faces a public street but is not considered a primary façade.

"Fairgrounds" means an area of land used for agricultural related office buildings, animal shows and judging, carnivals, circuses, community meeting and recreational facilities, concerts, food booths and stands, games, rides, rodeos, sales and auctions, storage, and theaters.

"Family" means one or more persons occupying a dwelling unit as a single housekeeping unit and therefore using common facilities for cooking, sanitation, and gathering. A family does not include any society, club, fraternity, sorority; or group living in a boarding house, hotel, motel, bed and breakfast facility, lodging house, rooming house, or club; any group of individuals whose association with each other is seasonal or any individuals who are in a group living arrangement as a result of criminal activity.

"Farm animals" means animals commonly used for transportation, food, skins, and other by-products. Farm animals include, but are not limited to, horses, cattle, pigs, sheep, goats, mules, donkeys, miniature horses, miniature donkeys, camels, emu, ostrich, llamas, alpacas, rabbits, mink, fox, buffalo, chickens, turkeys, quail, pheasants, and other animals or fowl of similar characteristics.

"Farm (confined feeding)" means any livestock operation engaged in the confined feeding of at least three hundred (300) cattle, or six hundred (600) swine or sheep, or thirty thousand (30,000) fowl, such as chickens, ducks and other poultry. See also "Confined feeding."

Farm (dwelling): see "Dwelling, farm."

"Farm (general)" means any property or area exceeding twenty (20) acres in size that is used for agriculture (such as the production and storage of vegetables, fruit trees, or grain, as well as the raising of farm animals, such as poultry or cattle, on a limited basis). A farm shall include all related structures and the storage of equipment and materials used on-site for the farm operation. A farm shall not include the commercial raising of animals, confined feeding, or the commercial feeding of garbage or offal to swine or other animals.

"Farm equipment sales and service" means an establishment that services farm implements, as well as offers for sale new and used farm implements.

"Farmer's market" means the seasonal selling at retail of home-grown vegetables or produce, occurring in a pre-designated area, where the vendors are the same individuals who have raised the products for sale.

"Fence" means any structure, solid or otherwise, which is a barrier and is used as a boundary or means of protection, confinement, or concealment.

"Fence, barbed-wire" means one or more strands of wire or other material having intermittent sharp points of wire or metal that may puncture, cut, tear, or snag persons, clothing, or animals.

"Fence, stockade" means a fence constructed of vertical wood strips, with no intervening spaces, providing a complete visual barrier.

"Fertilizer sales, distribution and storage" means an establishment that stores, distributes, and sells fertilizers primarily for agricultural crop production use.

Final plat: see "Plat, final."

"Financial institution" means any establishment wherein the primary use is concerned with such federal or state-regulated business as banking, savings and loans, loan companies, and investment companies.

Finished floor area: see "Floor area, finished."

"Fireworks sales" means the primary business is the retail sale of devices defined as fireworks by the state of Indiana.

"Fitness center" means a place or building where passive or active exercises and related activities are performed for the purpose of physical fitness, improved circulation or flexibility, and/or weight control.

"Flea market" means an occasional or periodic market held in an open area or structure where goods are offered for sale to the general public by individual sellers from open or semi-open facilities or temporary structures. Flea market shall not include informal garage or yard sales.

"Flood" means 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.

"Flood hazard area" means any area located within the floodplain, including the flood fringe and floodway.

"Floodlight" means reflector type light fixture that produces unshielded and undirected illumination.

"Floodplain" means the channel proper and the areas adjoining any wetland, lake or watercourse which have been or hereafter may be covered by the regulatory flood. The floodplain includes both the floodway and the fringe districts.

"Floodway" means 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 regulation flood of any river or flooding stream.

"Floodway fringe" means those portions of the floodplain lying outside the floodway. The floodway fringe is not necessary for carrying and discharging peak flood flow, but is subject to flooding.

"Floor area" means 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 centerline(s) of party walls separating such buildings or portions thereof. Floor area of a building shall exclude exterior open balconies and open porches.

"Floor area, finished" means 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. The finished floor area of a primary structure does not include a garage, carport, deck, unfinished storage, patio, or open porch.

"Floor area, ground" means that portion of finished floor area located on the first (or nearest ground level) floor of the dwelling unit.

"Flower shop" means an indoor or outdoor facility that primarily sells flowers, bulbs, and seeds for planting by patrons. Flower centers can include greenhouse operations, and incidental sales of small gardening equipment and accessories.

"Fluorescent" means strikingly bright, vivid, or glowing.

"Food and beverage production" means the large scale processing of raw ingredients and materials to create finished or unfinished foods and beverages.

"Foundation" means the supporting member of a wall or structure.

"Fraternity, educational" means a club or social activity officially associated with and recognized and supervised by an institution for higher education whose membership is limited exclusively to students of the institution.

"Fraternity, social" means a private club of individuals organized around a civic, social, or intellectual goal or pursuit. See also "Private club."

"Freeboard" means 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.

"Front line" means with respect to a building, the foundation line that is nearest the front lot line.

"Front lot line" means for an interior or through lot, the line marking the boundary between the lot and the abutting street right-of-way. For a corner lot, the line marking the boundary between the lot and each of the abutting street rights-of-way.

Front yard: see "Yard, front."

Frontage: see "Lot frontage."

"Funeral home" means a facility used for the preparation of the deceased for display and burial and the conducting of rituals and religious programs associated with burial. See also "Mortuary."

G

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

"Garage sale" means the sale or offering for sale to the general public items of personal property on any portion of a lot in a residential zoning district, either within or outside or a structure.

"Garden shop" means a retail establishment that primarily sells garden implements, plants, landscaping materials, and related accessories.

"Gas station" means any building, structure, or area of land used for the retail sale of automobile fuels, oils, and accessories, without any repair service.

"General industrial production" means industrial production involving manufacturing, fabrication, and related processes.

"Gift shop" means an establishment that primarily sells keepsakes, trinkets, jewelry, cards, stationary, and other small gift related items.

"Glare" means the reflection of harsh, bright light producing an effect that causes annoyance, discomfort, or loss of visual performance and visibility.

"Golf course" means a tract of land laid out with at least nine holes improved with tees, greens, fairways, and hazards for playing a game of golf, including any associated clubhouse or shelters and excluding miniature golf courses, and other similar commercial enterprises.

"Golf course, miniature" means a theme-oriented recreational facility composed of a series of putting greens where patrons pay a fee to move in consecutive order from one green to the next.

"Government facility" means a building, group of buildings, and/or piece of property operated or occupied by a governmental agency to provide a governmental service to the public. Government facilities also include the storage and service of government vehicles, equipment, and supplies.

"Government office" means an office occupied by a governmental agency that provides a governmental service to the public.

"Grade" means the finished surface of the ground adjacent to the exterior walls of a building.

"Grade, existing" means the vertical elevation of the ground prior to any excavation, filling, or other construction activity.

"Grade, finished" means the final elevation of the ground surface after manmade alterations have been completed.

"Grandfathered" means a description of the a status of certain properties, uses, activities, and conditions that were legally existing prior to the effective date of the ordinance codified in this title.

Granny flat: see "Dwelling, accessory."

"Grazing and pasture land" means a fenced area used for the feeding and upkeep of livestock.

"Greenhouse" means a building or structure constructed primarily of translucent materials which is devoted to the protection or cultivation of flowers and other tender plants.

"Greenhouse, commercial" means a building used for the growing of plants, all or some of which are sold at retail or wholesale either on or off-site.

Grocery store: see "Supermarket."

Ground floor area: see "Floor area, ground."

"Gymnastics center" means an establishment where patrons learn and practice gymnastics, generally in a gymnasium.

H

"Hardship" means a difficulty with regard to one's ability to improve land stemming from the application of the requirements of this title, which may or may not be subject to relief by means of variance. In and of themselves, self-imposed situations and claims based on a perceived reduction of, or restriction on, economic gain shall not be considered hardships.

Hard surface: see "Paved surface."

"Hardware store" means a small or medium-scale facility primarily engaged in the retail sale of various basic hardware lines, such as tools, builder's hardware, plumbing and electrical supplies, paint and glass, housewares and household appliances, and garden supplies and cutlery. A lumberyard may be included as an incidental use to the hardware retail sales.

"Hazardous material" means any substances or materials that by reason of their toxic, caustic, corrosive, abrasive, or otherwise injurious properties, may be detrimental to the health of any person handling or otherwise coming into contact with such material or substance.

"Hazardous material storage/processing facility" means all structures, other appurtenances, and any improvement to the land used for treating, storing, processing, or disposing of hazardous materials.

"Health spa" means a place or building where active exercise and related activities are performed utilizing weight control or muscle building equipment or apparatus for the purpose of physical fitness. Also a place or building that provides massage, exercise, and related activities with or without such equipment or apparatus.

"Hedge" means a row of closely planted shrubs, bushes, or any other kind of plant used as a compact, dense, living barrier that protects, shields, separates, or demarcates an area.

"Height" means the vertical distance to the highest point of any roof for structures which have roofs, and the vertical distance to the highest point of all other structures, measured from grade level.

"Heliport" means an area used for the landing and take-off of helicopters, including any structures, buildings, and equipment associated with that use.

"Historic building" means any building identified as contributing, notable, or outstanding by the Indiana Historic Sites and Structures Inventory—Johnson County Interim Report.

"Historic material" means any material on the exterior of a historic building or structure.

"Historic site" means all structures and other features identified as contributing, notable, or outstanding by the Indiana Historic Sites and Structures Inventory - Johnson County Interim Report, or listed in the National Register of Historic Places or the Indiana Register of Historic Sites and Structures, as well as any subsequent amendments and/or additions to any of these publications.

"Historic structure" means any building or structure identified as contributing, notable, or outstanding by the Indiana Historic Sites and Structures Inventory—Johnson County Interim Report.

"Holding zone" means a zoning district established exclusively to accommodate and maintain the features of existing development. The RSN residential: suburban neighborhood and RTN residential: traditional neighborhood are holding zones used by this title. In no instance shall a holding zone be applied to property for which there is not an approved, pre-existing preliminary plat.

"Home electronics/appliance store" means an establishment that primarily sells home appliances, electronics, and related accessories.

"Home occupation" means an occupation carried on in a dwelling unit by a resident thereof which is limited in extent, and incidental and secondary to the use of the dwelling unit for residential purposes, and therefore does not change its residential character.

"Hospital" means an institution where sick or injured persons are given medical care and, during the course of that treatment, are housed overnight, fed, and provided nursing and related services. Related services include diagnostic facilities, laboratories, hospices, outpatient facilities, treatment facilities, and training facilities. Hospital does include institutions operating for the treatment of insane persons and persons suffering addictions, but does not include nursing homes, retirement facilities, shelters, or boarding houses.

"Hotel" means a building in which lodging is provided and offered to the public for compensation, and in which egress and ingress from all rooms is made through an inside lobby or office.

"Housekeeping unit" means a group of individuals functioning as a single household, making common use of a single kitchen and other family quarters. See also "Family."

I

"Ice cream shop" means any establishment that primarily offers ice cream and frozen desserts to be eaten on or off premises.

"Impervious surface" means any hard-surfaced, manmade area that prevents absorption of stormwater into the ground.

"Improvement" means any building, structure, bridge, work of art, area, parking facility, public facility, fence, gate, wall, landscaping, or other object constituting a physical addition to real property.

"Improvement location permit" means a permit allowing a person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any structure; alter the condition of the land; change the use or occupancy of a property; or otherwise cause any change to occur that is subject to the requirements of this title and/ or the city of Franklin subdivision control ordinance.

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

Incidental sales: see "Sales, incidental."

"Incinerator" means a facility that uses thermal combustion processes to destroy or alter the character or composition of medical waste, sludge, soil, or municipal solid waste (not including animal or human remains).

"Indecisive vote" means a vote which fails to receive a majority, either in favor or opposed.

"Industrial district" means the use of a property or area for the manufacture, fabrication, processing, reduction, or destruction of any article, substance, or commodity, including related storage facilities and warehouses.

"Industrial zoning districts" refers to the IBD industrial business development; IL light industrial; and IG general industrial zoning districts.

"Infrastructure" means facilities and services needed to sustain industry, residential, commercial, and all other land use activities, including utilities and streets.

"Inoperable vehicle storage" means the outdoor storage of motor driven vehicles and their parts, that can not be operated in their current state.

"Institutional facility for the developmentally disabled" means an institutional facility that provides care, supervision, and protection for persons with developmental disabilities consistent with the provisions of Indiana Code. See also "Residential facility for the developmentally disabled."

"Institutional facility for the mentally ill" means an institutional facility that provides care, supervision, and protection for mentally ill persons consistent with the provisions of Indiana Code. See also "Residential facility for the mentally ill."

"Investment firm" means any office where the primary occupation is concerned with businesses that buy and sell stocks, bonds, and other notes of purchase.

J

"Jewelry store" means store that primarily sells new jewelry, with some sales of used merchandise.

"Junk" means scrap or waste material of any kind.

"Junk yard" means a place where junk, including inoperable vehicles, appliances, wood, paper, rags, garbage, tires, shattered glass, and any other worn-out, cast-off, or discarded items have been collected for re-sale, disposal, or storage.

"Jurisdiction" means any area over which a unit of government exercises power and authority.

K

"Kennel" means any property where five or more dogs, cats, or other domestic animals over the age of four months are kept, raised, cared for, trained, sold, bred, boarded, shown, treated, or groomed either for commercial or noncommercial purposes.

"Kick plate" means a horizontal element or assembly at the base of a storefront parallel to a public walkway. The kick plate provides a transition between the ground and storefront glazing area.

L

"Land use" means the occupation or use of land for any human activity or purpose.

"Landscaping" means the improvement of a lot with grass, shrubs, trees, and other vegetation and/or ornamental objects. Landscaping may include pedestrian walks, flower beds, berms, fountains and other similar natural and manmade objects.

"Legal nonconforming lot" means any lot which has been legally established and recorded prior to the effective date of the ordinance codified in this title, or its subsequent amendments, that no longer meets the lot-specific development standards.

"Legal nonconforming use" means any continuous, lawful use of structures, land, or structures and land in combination established prior to the effective date of the ordinance codified in this title, or its subsequent amendments, that is no longer a permitted use in the zoning district in which it is located.

"Letter of map amendment (LOMA)" means an amendment to the currently effective FEMA map that establishes that a property, area, and/or structure is not located in a special flood hazard area (SFHA). A LOMA is only issued by FEMA.

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

"Letter of map revision based on fill (LOMR-F)" means 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.

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

"Light industrial processing and distribution" means processing and distribution of materials and products from processed or previously manufactured materials. Light industry is capable of operation in such a manner as to control the external effects of processing such as smoke, noise, odor, etc.

"Linear park" means a park or other green, open space that forms a corridor, or is a part of a corridor along a body of water, street, or pedestrian/bicycle trail.

"Liquor store" means a store that offers retail and/or wholesale liquor, including wine and beer.

"Livestock auction/sales facility" means a commercial establishment where livestock is collected and auctioned and/or sold. Livestock at the facility are there on a temporary basis, for immediate sale only, and not housed long term.

"Livestock raising and breeding" means the production and upkeep of livestock for the purposes of sale, including the feeding, sheltering, grazing, and shipping of livestock, including the storage of all necessary materials and equipment.

"Loading berth" means a space within a building or on the premises providing for the loading and unloading of merchandise and materials.

Local street: see "Street, local."

"Lodge or private club" means a membership organization that holds regular meetings and that may, subject to other regulations controlling such uses, maintain dining facilities, serve alcohol, or engage professional entertainment for the enjoyment of dues paying members and their guests. There are no sleeping facilities.

"Lot" means a contiguous area of land separated from other areas of land by a separate description (including a recorded deed, a subdivision plat or record of survey map, or by metes and bounds) for purpose of sale, lease, transfer of ownership, or separate use.

"Lot area" means the horizontal area within the exterior lines of a lot, including any easements, but excluding any rights-of-way or other similar dedications to the public.

"Lot, buildable" means any lot upon which improvements are permitted to be constructed, or which is otherwise allowed to be occupied and used consistent with all applicable requirements of this title.

"Lot, corner" means a lot located at the corner of two or more streets.

"Lot coverage" means the percentage of the lot area covered by buildings, structures, parking areas, driveways, walkways, and other paved or impervious surface.

"Lot depth" means the horizontal distance between the front and rear lot lines.

"Lot, developed" means a lot upon which improvements have been made or is otherwise being used for human purposes.

Lot, double frontage: see "Lot, through."

"Lot frontage" means the horizontal distance between side lot lines where a property abuts a street.

Lot, improved: see "Lot, developed."

"Lot, interior" means any lot which is not a corner lot or through lot.

"Lot line" means the property lines which define the lot.

Lot, legal nonconforming: see "Legal nonconforming lot."

"Lot owners' association" means an incorporated nonprofit organization operating under recorded land agreements through which each lot owner is automatically a member and each lot is automatically subject to a proportionate share of the expenses for the organization's activities, such as maintaining common property.

"Lot of record" means a lot which is recorded in the office of the Johnson County recorder as a part of a subdivision plat or a parcel described by metes and bounds.

Lot, recorded: see "Lot of record."

"Lot, through" means a lot having frontage on two or more nonintersecting streets.

"Lot, undeveloped" means a lot of record upon which no improvements exist.

"Lot width" means the horizontal distance between side lot lines measured at the required minimum front setback line or built-line line affecting the property.

"Lot, zoning" means a single tract of land that, at the time of application for an improvement location permit, is designated by the applicant for the purpose of complying with this title as the tract to be used, developed, or built upon. A zoning lot or lots may coincide with one or more lots of record.

"Lowest floor" means the lowest of the following:

1.

The top of the lowest level 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 subsection (6)(a) of this definition; 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 flood waters unless:

a.

The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, by providing a minimum of two openings (in addition to doorways and windows) having a total net area of one square inch for every square foot of enclosed area subject to flooding. The bottom of all such openings shall be no higher than one foot above grade, and

b.

Such enclosed space shall be usable solely for the parking of vehicles and building access.

"Lumber yard" means an area used primarily for the storage, distribution, and sale of finished or rough-cut lumber and lumber products.

"Luminaire" means a complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.

"Luminaire, cut-off type" means a luminaire with elements such as shields, reflectors, or refractor angles that direct and cut-off light.

M

"Maneuvering space" means an open space in a parking area which is immediately adjacent to a parking space and is used for and/or is necessary for turning, backing, or driving a motor vehicle into the parking space, but is not used for the parking of or storage of motor vehicles.

Manufactured home: see "Dwelling, manufactured home."

"Manufactured home park" means a parcel of land containing two or more dwelling sites, with required improvements and utilities, that are leased for long term placement of mobile home dwellings and/or manufactured home dwellings. A manufactured home park does not involve sales of mobile home dwellings or manufactured home dwellings in which unoccupied units are parked for inspection or sale.

"Manufactured home sales" means the sale and incidental storage of single-family detached housing that includes mobile homes and manufactured homes type I, II, and III.

Manufactured home type I: see "Dwelling, manufactured home type I."

Manufactured home type II: see "Dwelling, manufactured home type II."

Manufactured home type III: see "Dwelling, manufactured home type III."

"Manufacturing facility" means a facility for the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products, and the blending of materials, such as lubricating oils, plastics, resins, or liquors.

"Marker (survey)" means a stake or any other object which is intended to mark a point on a lot or within a subdivision.

"Meat market (butcher)" means a market that primarily offers retail and/or wholesale meats, but may also sell related incidental products.

"Medical or health clinic" means a building, other than a hospital, used by two or more licensed physicians for the purpose of receiving and treating patients.

"Medical office" means a building, other than a hospital, used by one or more licensed physicians for the purpose of receiving and treating patients.

"Metes and bounds" means a description of land prepared by a state-registered land surveyor providing measured distances and courses from known or established points on the surface of the earth.

"Microbrewery (brew-pub)" means a facility for the production and packaging of malt beverages of low alcoholic content for distribution, retail, or wholesale, on or off premise, with a capacity of not more than fifteen thousand (15,000) barrels per year. The development may include other uses such as a standard restaurant, bar or live entertainment.

"Mineral extraction" means the extraction of metallic and nonmetallic minerals or materials from the earth for use off-site, including incidental uses and facilities such as rock crushing, screening, and the necessary storage and use of explosives.

"Mini-storage facility" means a storage structure containing separate storage spaces of varying sizes, each for individual purchase or rental for the storage of household goods.

"Mixed-use development" means an area, parcel of land, or structure developed for two or more different land uses.

Mobile home: see "Dwelling, mobile home."

Mobile home park: see "Manufactured home park."

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

"Mortuary" means a facility for the storage and preparation of human dead prior to burial, including the conducting of funeral services.

"Motel" means an establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single lot, and designed for use by transient automobile tourists. 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. See also "Hotel."

Motor home: see "Recreational vehicle."

"Motor vehicle" means any passenger vehicle, truck, tractor, tractor-trailer, truck-trailer, trailer, or semi-trailer propelled or drawn by mechanical power.

Motor vehicle, inoperable: see "Vehicle, inoperable."

Multifamily dwelling: see "Dwelling, multifamily."

"Museum" means a building having public significance by reason of its architecture or former use or occupancy, or a building housing a specific collection of natural, scientific, or literary materials, objects of interest, or works of art, and designed to be used by the public with or without an admission charge. It may include as an accessory use the sale of goods to the public.

N

"Natural condition" means the condition that arises from, or is found in nature unmodified by human intervention.

"Natural drainage" means drainage channels, routes, and ways formed over time in the surface topography of the earth prior to any modifications or improvements made by unnatural causes and/or human intervention.

"Nature preserve/center" means an area in which plants, animals, and topographic features are protected in their current, natural condition.

"News dealer" means an establishment that primarily sells newspapers, magazines, and other periodicals.

"Night club" means a commercial establishment operated as a place of entertainment featuring live, recorded, or televised musical, comedy, or magic performances; dancing; and/or the serving of alcoholic beverages.

"Nonconforming lot" means a lot that does not conform to the regulations of the zoning district in which it is located.

"Nonconforming structure" means a building or other structure that does not conform to the regulations of the zoning district in which it is located.

"Nonconforming use" means a use of land that does not conform to the regulations of the zoning district in which it is located.

"Nudity" or a "state of nudity" means the appearance of a human bare buttock, anus, male genitals, female genitals, or full female breasts.

"Nuisance" means an interference with the enjoyment and use of property as defined by the nuisance ordinances of the City of Franklin Municipal Code.

"Nursing home" means a private home for the twenty-four (24) hour per day care of the aged, infirm, or any other person in need of nursing care which does not contain equipment for surgical care or for treatment of disease or injury, and is not primarily designed for mental patients or alcoholics. Nursing home does include physical therapy equipment used in an on-going basis for the rehabilitation of patients.

O

"Objectionable odor" means odors that are nauseating, noxious, or generally recognized as unpleasant.

"Occupancy" means the use of any land or structure.

"Office supply store" means a large establishment that offers retail and wholesale office supplies including items such as paper, writing utensils, computer equipment, and office furniture.

"Office use" means administrative, executive, professional, research, or similar organizations, and laboratories having only limited contact with the public, with no merchandise or merchandising services sold on the premises.

"Official zoning map" means a map of the city of Franklin, Indiana and its vicinity, that legally denotes the boundaries of zoning districts as they apply to the properties within the plan commission's jurisdiction.

"Oil change shop" means a facility that provides lubrication, checking, changing, and the addition of those fluids and filters needed for automobile maintenance. Generally such services are provided while the customer waits.

"Open space" means an area of land not covered by structures or accessory uses except for those related to recreation. 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 yards, patio areas, or land scheduled for future development.

Ornamental tree: see "Tree, ornamental."

"Outdoor storage" means the keeping of items for sale, the products of manufacturing, materials used in production, vehicles, and other similar materials and/or equipment in an area outside of any building.

"Outdoor storage, seasonal" means the outdoor storage of items for retail sale that are, by their nature, sold during a peak season, such as fruits and vegetables, Christmas trees, lawn accessories, and bedding plants.

"Outlot" means a lot platted as part of a larger development that is intended for the development of uses and structures which are complementary too but of a smaller scale than the primary use or structure in the development.

"Overlay zoning district" means a zoning district that extends across one or more other zoning districts which is intended to provide additional or alternate regulations for a specific critical feature or resource.

"Owner" means 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, or their legal representative.

Owners' association: see "Lot owners' association."

P

"Packaging facility" means a facility that packages supplies and products that are manufactured off-site.

"Parapet" means the portion of a wall which extends above the roof line.

"Parapet wall" means the portion of an exterior wall that continues above the line of the roof surface.

Parcel: see "Lot."

"Park" means any public or private land and related structures, including athletic facilities, shelter houses, and maintenance facilities that are designed to provide recreational, educational, cultural, or aesthetic use to the community.

"Parking lot" means an open off-street area to be used for the storage of motor vehicles for limited periods of time. A parking lot includes all parking spaces, interior drives, and maneuvering areas. Outdoor areas at facilities where motor vehicles, including uninstalled mobile and manufactured homes, are sold that are intended for the storage of such vehicles are also considered a parking lot.

"Parking, off-street" means a storage space for an automobile located outside of a street right-of-way.

"Parking, on-street" means a storage space for an automobile that is located within the right-of-way of a street.

"Parking, shared" means a parking space or lot used jointly by two or more uses or structures.

"Parking space" means a space within a public or private parking area for the storage of one motor vehicle.

"Pathway" means a designated route for travel by pedestrians, bicycles, and other nonmotorized methods of personal transportation and recreation which is surfaced with crushed rock, concrete, or asphalt and separated from streets by distance or striping.

"Paved surface" means a durable surface for parking, driving, riding or similar activities that utilizes asphalt, Portland cement, concrete, brick, paving blocks or similar material. Crushed gravel, street grindings, stone, rock, or dirt, sand or grass are not a paved surface.

"Penal (correctional) institution" means publicly or privately operated facilities housing persons awaiting trial or persons serving a sentence after being found guilty of a criminal offense.

"Permanent foundation" means 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.

"Person" means a person, corporation, firm, partnership, association, trust, organization, unit of government, or any other entity that acts as a unit, including all members of any group.

"Personal services" means an establishment or place of business primarily engaged in the provision of frequent and recurrent services of a personal nature, such as a beauty or barber shop, shoe repair shop, or tanning salon.

"Pet store" means a retail sales facility primarily involved in the sale of domestic animals, such as cats, dogs, fish, birds, and reptiles as well as domestic pet accessories. A pet shop does not include the retail sale of exotic or farm animals.

"Petroleum processing and storage" means an establishment that processes and stores petroleum and its raw ingredients.

"Pharmacy" means a place where drugs and medicines are prepared and dispensed. Pharmacy also includes the incidental retail sale of medical accessories and convenience goods and services.

"Photographic studio" means a facility engaged in onsite photography, processing, and development, including limited retail sale, lease and service of photography equipment and supplies.

Petitioner: see "Applicant."

Place of worship: see "Church."

Plan: see "Comprehensive plan."

Plan commission: see "Advisory plan commission."

"Planned unit development" means a large-scale unified development meeting the requirements of this title. Generally a planned unit development consists of a parcel or parcels of land, controlled by a single person, 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 this title.

"Planning jurisdiction" means the area over which a municipality has planning authority as drawn by each community in compliance with IC 36-7-4 et al.

"Planting season" means the spring and fall time periods during which new plant material which is installed is most likely to survive the planting process. Generally these periods are from April 15th to June 15th in the spring and from October 15th to November 15th in the fall.

"Plat" means a map or chart that shows a division of land.

"Plat, final" means, pursuant to IC 36-7-4-700 series, the plat document in recordable form.

"Plat, preliminary" means, pursuant to IC 36-7-4-700 series, the plat and plans upon which the approval of a proposed subdivision is based.

"Playground" means a recreational area for use primarily by children.

"Police, fire, or rescue station" means an outpost station that serves as an office of operation for police, fire, and/or rescue services. Such stations include personnel, equipment, vehicles, and training facilities.

"Porch" means a covered, but otherwise unenclosed structure projecting out from the wall or walls of a main structure.

"Post office" means a facility operated by the United States Postal Service that houses service windows for mailing packages and letters, post office boxes, offices, vehicle storage areas, and sorting and distribution facilities for mail.

"Power generation facility" means a facility that produces usable electricity by harnessing any array of resources including fossil fuels, water, wind, and solar sources.

"Practical difficulty" means a difficulty with regard to one's ability to improve land stemming from regulations of this title. A practical difficulty is not a "hardship," rather it is a situation where the owner could comply with the regulations within the zoning ordinance, but would like a variance from the development standards to improve his or her 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.

Preliminary plat: see "Plat, preliminary."

"Primary structure" means 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 building or structure shall be the main dwelling. For agricultural uses, the primary structure may be a barn or other agricultural structure.

Primary use: see "Use, primary"

"Print shop (copy center)" means a facility for the custom reproduction of written or graphic materials on a custom order basis for individuals or businesses. Typical processes include, but are not limited to, photocopying, blueprint, and facsimile sending and receiving, and including offset printing.

"Printing facility" means any facility that prints publications including books, magazines, and newspapers for the purposes of sale and/or distribution.

"Private club" means a facility or property owned or operated by a corporation, association, person or persons for a social, educational, or recreational purpose and for which membership is required for participation.

Private street: see "Street, private."

Prohibited trees: see "Trees, prohibited."

"Property owner" means the person(s) identified as the property owner on the most recent list prepared and maintained by the Johnson County auditor's office. See also "Owner."

"Public art" means any visual work of art that is accessible to public view and located on public or private property.

"Public hearing" means a formal meeting, announced and advertised in advance consistent with the requirements of this title, which is open to the public, and at which members of the public have an opportunity to participate.

"Public improvement" means any improvement, facility, or service which provides transportation, drainage, public utilities, or similar essential services which are typically or specifically required to be provided by a unit of government.

Public street: see "Street, public."

"Publishing facility" means any facility that prints and/or assembles publications including books, magazines, and newspapers for the purposes of sale and/or distribution.

Q

"Quarry" means a lot or any part of a lot used for the extracting of stone, sand, gravel, or any other material to be processed for commercial purposes.

R

"Racetrack" means any measured venue for the sport of racing where animals or machines are entered in competition against one another or against time. A racetrack may or may not have areas for spectators. Racetrack includes, but is not limited to, oval track racing, drag racing, motorcross, tractor pulling, go-cart racing, remote control airplane flying, and similar uses.

"Radio station" means an establishment that broadcasts radio signal programming.

Rear yard: see "Yard, rear."

"Record" means the written documentation of the actions and expressions of a public body, such as the plan commission or board of zoning appeals.

"Record shop (CD shop)" means an establishment that primarily deals with new and used audio recordings in an array of media formats. Some shops also include the sales of new and used video recordings as well.

"Recreational use, large scale" means recreational uses that tend to serve a regional area and include establishments such as riding stables, seasonal hunting and fishing facilities, and outdoor shooting ranges.

"Recreational use, medium scale" means recreational uses that tend to serve a community-wide area and include establishments such as bowling alleys, theaters, assembly halls, miniature golf courses, indoor shooting ranges, swimming pools, and skating rinks.

"Recreational use, small scale" means recreational uses that tend to serve a local area and include establishments such as billiard rooms, arcades, nightclubs, brewpubs, and bars.

"Recreational vehicle" means any building, structure, or vehicle designed and/or used for seasonal living or sleeping and/or recreational purposes and equipped with wheels to facilitate movement from place to place (either under its own power or towed by another vehicle). Recreational vehicles are built on a single chassis and measure four hundred (400) square feet or less, including the largest horizontal projections. Recreational vehicles include automobiles when used for living or sleeping purposes, pick-up truck coaches, motorized homes, boats, travel trailers, snow mobiles, and camping trailers not meeting the definition of a manufactured or mobile home.

"Recreational vehicle park" means any site, lot, field, or tract designed with facilities for the temporary use of recreational vehicles.

"Recreational vehicle sales" means the sale and incidental storage of recreational vehicles.

"Refuse dump" means a facility designated to receive and hold municipal solid waste and other waste matters. Waste at a refuse dump is not compacted or covered as it is in a sanitary landfill.

"Registered land surveyor" means a land surveyor properly licensed and registered or through reciprocity permitted to practice in the state of Indiana.

"Registered professional engineer" means an engineer properly licensed and registered or through reciprocity permitted to practice in the state of Indiana.

"Regulatory flood" means the flood having a one percent probability of being equaled or exceeded in any given year, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resources Commission and the Federal Emergency Management Agency. The "regulatory flood" is also known by the term "base flood." "Regulatory floodway" means the channel of a river or stream and those portions of the flood plains adjoining the channel which are reasonably required to efficiently carry and discharge peak flow of the regulatory flood of any river or stream and, is that area covered by floodwaters in significant downstream motion or covered by significant volumes of stored water during the occurrence of the regulatory flood.

"Repair services" means establishments that provide repair services to individuals and households, rather than businesses, not including automotive and equipment repair. Typically such services include the repair of appliances, watches, jewelry, and musical instruments.

"Replat" means any change in a final plat of an approved or recorded subdivision.

"Research laboratory" means a structure or group of structures used primarily for applied and developmental research where product testing is an integral part of the operation and goods or products used in the testing may be manufactured and stored.

Residence: see "Dwelling."

"Residential district" means an area used primarily for dwellings.

"Residential zoning districts, single-family" refers to the RR residential rural; RSN residential suburban neighborhood; RS residential suburban; RTN residential traditional neighborhood; and RT residential traditional zoning districts.

"Residential zoning districts, multifamily" refers to the RM residential multifamily and RMH residential manufactured home park zoning districts.

"Residential facility for the developmentally disabled type I" means a residential facility which provides residential services for not more than eight developmentally disabled individuals, as defined by IC 12-28-4-8.

"Residential facility for the developmentally disabled type II" means a residential facility which provides residential services for more than eight developmentally disabled individuals, as defined by IC 12-28-4-8.

"Residential facility for the mentally ill" means a residential facility which provides residential services for mentally ill individuals, as defined by IC 12-28-4-7.

"Residential treatment center" means any facility licensed by the Indiana Department of Health, public or private, which regularly provides one or more people with twenty-four (24) hour a day substitute care, food, lodging, training, education, supervision, habilitation, rehabilitation and treatment they need, but which for any reason cannot be furnished in the person's own home.

"Restaurant" means a structure in which the principal use is the preparation and sale of food and beverages.

"Restaurant, drive-in" means a facility, including a building and adjoining parking area, the primary function of which is selling food to the public by order from and service to passengers in vehicles parked outside of the structure. Drive-in restaurants may also provide seating inside of the building.

"Retail uses" means commercial enterprises that provide goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the business.

"Retail uses, large scale" means retail uses that tend to serve a regional area and include establishments such as supermarkets, shopping malls, and department stores.

"Retail uses, medium scale" means retail uses that tend to serve a community-wide area and include establishments such as craft stores, sporting goods stores, pharmacies, antique shops, meat markets, and repair services.

"Retail uses, small scale" means retail uses that tend to serve a local area and include establishments such video stores, delicatessens, bakeries, gift shops, and ice cream shops.

"Retirement facility" means a residential complex containing multifamily dwellings designed for and occupied by senior citizens. Such facilities may include a common gathering and dining facilities, but exclude nursing care.

"Retreat center" means a facility used for professional, educational, or religious meetings, conferences, or seminars which provides meals, housing, and recreation for participants during the period of the retreat or program.

"Rezoning" means an amendment to the official zoning map which has the affecting of removing property from one zoning district and placing it in a different zoning district.

"Riding stable" means an establishment that shelters and offers upkeep to horses for use by patrons and private owners. Stables generally include grazing pastures and land designated for horseback riding.

"Right-of-way" means property occupied or intended to be occupied by a street, trail, utility transmission line, or other public utility or facility.

"Right-of-way line" means the limit of publicly owned land encompassing a public facility, such as a street or an alley.

Road: see "Street."

ROW: see "Right-of way."

S

"Sales, incidental" means sales that are related and subordinate to the primary service or retail activities of a commercial use.

"Sales, temporary seasonal" means facilities that are indoor or outdoor and operate on a temporary basis for the sale of seasonal fruits and vegetables, fireworks, Christmas trees, and/or other holiday, event, or season related products.

"Sanitary landfill" means the designated area where nonhazardous and non-medical farm, residential, institutional, commercial, or industrial waste is buried.

"Satellite dish/antenna" means an apparatus capable of receiving communications from a transmitter relay located in a planetary orbit or broadcasted signals from transmitting towers.

"School" means a public or private 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. See also "Trade or business school."

"Scrap metal yard" means a general industrial use established independent or ancillary to and connected with another general industrial use, which is concerned exclusively in new and salvaged metal pipes, wire, beams, angles, rods, machinery, parts, filings, clippings, and all other metal items of every type, and which acquires such items incidental to its connection with the other general industrial use or by purchase, consignment or bailment which stores, grades, processes, melts, cuts, dismantles, compresses, cleans, or in any way prepares said items for reuse by the connected other general industrial use or for storage, sale or shipment and use in other industries or businesses including open hearth, electric furnaces and foundry operations; such an establishment shall not include junk yards, dumps, or automobile graveyards.

"Seasonal hunting/fishing facility" means a designated outdoor area that allows for the hunting and fishing of certain species during their appropriate gaming seasons.

"Seed sales, distribution and storage" means an establishment that sells, stores, and distributes agricultural seed for farm planting. Such establishments primarily sell in bulk for commercial farm purposes.

"Self service laundry" means a business with vending machine type washing, drying, dry-cleaning, and ironing equipment for use by customers on site.

"Semi-nude" means a state of dress in which clothing is specifically designed to cover no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

"Setback" means the horizontal distance between a structure and a lot line or right-of-way line.

"Sewage treatment plant" means any facility designed for the treatment of sewage that serves an entire community, region, or specific geographic area.

"Shoe repair shop" means an establishment that primarily repairs shoes, with incidental sales of shoe related items.

"Shooting range" means any establishment at which firearms are discharged for the purpose of recreation and entertainment.

"Shooting range (indoor)" means a shooting range at which all shooting areas and targets are completely enclosed in a structure.

"Shooting range (outdoor)" means a shooting range at which any portion of the shooting areas or targets are located outside of a completely enclosed structure.

"Shopping mall" means a shopping center where numerous stores front on a pedestrian way that may be enclosed or open.

"Side lot line" means a lot boundary line other than a front or rear lot line, typically those which are perpendicular to, and intersect with the front and rear lot lines.

Side yard: see "Yard, side."

"Sign" means any name, identification, description, device, display, or illustration which is affixed to, painted, or represented directly or indirectly upon a building, structure, or piece of land which directs attention to an object, product, place, activity, person, institution, organization, or business. A sign includes the face area which conveys a message, any equipment or sign device, and any related mechanical, electrical, and structural supports and features, such as poles and lighting. In no instance shall this title be interpreted as considering any flag as a sign.

"Sign, abandoned" means a sign that identifies or advertises a business, product, service, owner, or other activity that is no longer located on or conducted on the property where the sign is displayed.

"Sign, animated" means a sign with action, motion, or changing colors or lights, any of which is imitates movement. A flashing sign shall be considered to be an animated sign.

"Sign, area" means the entire face of a sign including the message surface and any framing or trim, but excluding any poles or other supports. Sign area is measured as the maximum vertical dimension of the face area multiplied by the maximum horizontal dimension of the face area, each at its largest point.

"Sign, awning" means a sign incorporated into, or attached to an awning.

"Sign, changeable copy" means a non-electronic sign where the message copy includes characters, letters or illuminations that can be physically altered without physically altering the primary surface of the sign. The height, face area, and other structural and lighting characteristics of changeable copy signs remain constant, providing a background for temporary messages.

"Sign, banner" means a sign with a message applied to cloth, paper, fabric, or flexible plastic, with any such nonrigid material for background.

Sign, billboard: see "Sign, off-premise."

"Sign, directional" means any on-premises sign that includes information assisting in the flow of pedestrian or vehicular traffic, such as "enter," "exit," and "one-way."

"Sign, double-faced" means a sign designed and/or used to display a message on the outer surface of two identical and opposite parallel planes.

"Sign, electronic message board" means a sign where the message copy includes characters, letters or illuminations that can be changed or rearranged electronically without touching or physically altering the primary surface of the sign. Message copy may be changed in the field or from a remote location.

"Sign, entry feature" means a permanent on-premise sign identifying an entrance to a residential subdivision, apartment complex, or manufactured home park.

"Sign, face" means the area or display surface used for the message.

"Sign, free-standing" means a sign supported completely by a frame, pole, or foundation and which is independent from all other structures on the property.

"Sign, height" means the highest point measured from grade level at the base of the sign to the highest point of the sign, including any structure, frame, light fixture, or other element of the sign.

"Sign, illuminated" means a sign lighted by or exposed to artificial lighting either by lights on or within the sign or directed toward the sign.

"Sign, mural" means a sign painted onto the side of a building, wall, ground, or structure.

"Sign, off-premise" means a sign which directs attention to a business, commodity, service, organization, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located or to which it is affixed. This includes billboard and other outdoor advertising and directional signs located on private property.

"Sign, portable" means 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; and balloons used as signs.

"Sign, poster" means any sign made of cardboard, metal, plastic or other semi-rigid material which is attached to outdoor products, structures, or other features, or anchored into the ground with the use of stakes.

"Sign, projecting" means a sign attached to and projecting out from a building face or wall, generally at right angles to the building.

"Sign, real estate" means a temporary sign that relates to the sale, lease or rental of property or structures, or to construction activity on a site.

"Sign, searchlight" means a searchlight used to attract attention to a property, use, or structure consistent with the definition of a sign.

"Sign setback" means the distance between any property line or right-of-way and the nearest portion of any sign at or above grade level.

"Sign, sandwich board" means a free-standing sign located at grade level constructed in such a manner as to form an "A" by separating to opposite and parallel sign faces by supporting structural members.

"Sign, temporary" means an on-premise sign not fixed to a permanent foundation and displayed for a fixed period of time, for the purpose of conveying information, knowledge, or ideas to the public about a subject related to the activities on the premises upon which it is located.

"Sign, vehicle" means a sign that is attached to or painted on a parked vehicle for the purpose of drawing attention to the product, business, or property which is indicated on the sign.

"Sign, wall" means a sign attached to or painted on the exterior wall of a structure.

"Sign, window" means a sign affixed to a window or placed immediately behind a window pane so as to attract the attention of persons outside of the structure.

"Sign permit" means a permit issued by the Franklin planning director that must be obtained before temporary and permanent signs are erected.

"Signage band" means a clear strip for containing signage located between the transom of the first floor and the windows on the second floor on any primary face.

"Site development plan" means the plan indicating the location of existing and proposed buildings, structures, paved areas, walkways, vegetative cover, landscaping and screening within a site proposed for development which is to be submitted for approval prior to the release of improvement location permits on the site consistent with the requirements of the IC 36-7-4-1400 series.

"Skating rink" means an establishment that provides facilities for patron skating.

"Sorority, educational" means a club or social activity officially associated with and recognized and supervised by an institution for higher education whose membership is limited exclusively to students of the institution.

"Sorority, social" means a private club of individuals organized around a civic, social, or intellectual goal or pursuit. See also "Private club."

"Special exception use": see "Use, special exception."

"Special exception" means a use that would not be appropriate generally or without restrictions throughout the zoning district, but if controlled as to number, area, location, or relation to the neighborhood, would promote public health, safety, and general welfare.

"Special flood hazard area (SFHA)" means those lands within the jurisdictions (including extraterritorial jurisdictions) of the city subject to inundation by the regulatory flood. The SFHAs of the Franklin are generally identified as such on the Flood Insurance Rate Map of Johnson County and Incorporated Areas dated August 2, 2007, as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date. (These areas are shown on a FIRM as Zone A, AE, A1-A30, AH, AR, A99 or AO).

"Sporting goods shop" means an establishment that primarily sells sporting equipment, sporting apparel, and related items.

"Spot zoning" means the zoning of a typically small area of land controlled by a single or limited number of property owners that results in the property involved being granted permitted uses and/or development standards that are inconsistent with those provided to, or planned for, similar surrounding properties.

"Spotlight" means a fixture designed to direct a narrow intense beam of light on a desired area.

"State" means the state of Indiana.

"Stationery shop" means an establishment that primarily sells stationery, paper, cards, writing utensils, and various related items.

"Stockade fence" means a wooden fence made of half round posts with pointed tops.

"Stop-work order" means a written document issued by an enforcement official which requires the cessation of an activity.

Storage, outdoor: see "Outdoor storage."

"Storefront" means the façade of a building facing a public street, containing display windows and an entryway.

"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling above it.

"Stream bank" means the usual boundaries, not the flood boundaries, of a stream channel.

"Street" means a public thoroughfare, including a road, highway, drive, lane, avenue, place, boulevard, and any other thoroughfare that affords vehicular access to abutting property.

"Street, arterial" means a street which serves the major traffic movements within a community, such as between the central business district and the outlying commercial and residential areas, as well as a majority of the vehicular traffic entering and leaving the city to travel to and from adjacent communities. Franklin arterial streets are identified on the thoroughfare plan within the city of Franklin comprehensive plan.

"Street, collector" means a street designed and used to carry moderate volumes of traffic from local streets to arterial streets. Franklin collector streets are identified on the thoroughfare plan within the city of Franklin comprehensive plan.

"Street, cul-de-sac" means a street with a single common ingress and egress and with a turn-around at the end.

"Street frontage" means the distance along which a property line of a lot abuts the right-of-way of an adjacent street.

"Street, intersecting" means any street that joins another street at an angle, whether or not it crosses the other street.

"Street intersection" means the point of crossing or meeting of two or more streets.

"Street, local" means a street designed to provide vehicular access between individual properties and the collector and arterial street system. Franklin local streets are identified on the thoroughfare plan within the city of Franklin comprehensive plan.

"Street, nonresidential" means any street where the primary land use of the lots which the street provides access to, as well as the lots on either side of the street is not residential.

"Street, private" means any street which is privately owned and maintained that is used to provide vehicular access to more than one property or dwelling unit.

"Street, public" means a street constructed and maintained by a unit of government within an officially deeded and accepted public right-of-way.

"Street, residential" means any street where the primary land use of the lots which the street provides access to, as well as the lots on either side of the street is residential.

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

"Structure" means any building or other object that is constructed or erected that requires location on or under the ground or is attached to something on the ground.

"Structure height" means the vertical distance measured from ground level to the highest point of the roof.

"Subdivider" means any person or other entity which initiates proceedings to create a subdivision. See also "Developer."

"Subdivision" means the division of any lot, tract or parcel of land into two or more lots, parcels, sites or other divisions for the purpose, whether immediate or future, of sale, transfer, gift, or lease which results in one or more new building sites.

"Sub-lots" means portions of a lot of record created in connection with the transfer of ownership of individual dwelling units in a two-family or multifamily dwelling.

"Substantial improvement," for the purpose of flood hazard area standards, means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred substantial damage regardless of the actual repair work performed. This term does not include improvements to structures to correct existing violations of state or local health, sanitary, or safety code requirements or any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

"Supermarket" means large-scale retailers of food and grocery supplies, typically also including flower shops, pharmacies, bakeries, branch banks, and other complementary and incidental uses.

"Surety" means an amount of money or other negotiable instrument provided by a developer to the city which guarantees that they will perform all actions required by the city regarding an approved site development plan, plat, or other improvement, which provides that if the developer fails to comply with the requirements of approval, funds will be provided for the city to complete those requirements.

"Swimming pool" means any structure located either at, above, or below grade which is designed and/or used to hold water which exceeds two feet in depth at any point for the purpose of recreation and entertainment of adults and children.

T

"Tailor shop" means an establishment that alters and repairs clothing for patrons.

"Tanning salon" means any business which provides a service using artificial lighting systems to produce a tan on a person's body, including the incidental sale of tanning products.

Tavern: see "Bar."

"Telecommunications" means the transmission of information between or among geographic points without change in the form or content of the information as sent or received.

"Telecommunications antenna" means any structure or device, including all appurtenances, used for the purpose of collecting or radiating electromagnetic waves, including those used to transmit cellular telephone service, data, radio and television signals, and any other information.

"Telecommunications tower" means a mast, pole, monopole, guyed, or freestanding framework, or other vertical structure that acts as an antenna or to which an antenna is affixed or attached.

Temporary seasonal sales: see "Sales, temporary seasonal."

Temporary use: see "Use, temporary."

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

"Thoroughfare plan" means the official plan, now and hereafter adopted, which sets forth the location, alignment, dimensions, and classification of existing and proposed streets and other thoroughfares.

"Tool and dye shop" means an establishment that processes, cuts, and molds metal into tools, molds, machine components, and similar products.

"Topography" means the configuration of the earth's surface, including the relative relief, elevations, and position of land features.

"Tower" means a ground pole, spire, structure, or combination thereof including supporting lines, cables, wires, braces, and masts intended primarily for the purpose of mounting an antenna, a meteorological device, or other similar apparatus above ground.

"Townhouse" means a one-family dwelling with a private entrance that is attached horizontally to other dwelling units in a linear arrangement, with a front and a rear wall that are totally exposed for light, access, and ventilation.

"Trade or business school" means a specialized instructional establishment that provides on-site training of business, commercial, and/or trade skills such as accounting, data processing, and computer repair. Includes vocational schools and career centers.

"Trail" means a public way, separate from a street, alley, or other vehicle roadway, designed for and used by pedestrians, cyclists, and others using non-motorized transportation and recreation equipment.

"Transom" means the window located above the structural cross-piece over a door or window.

"Tree, deciduous" means trees and shrubs that shed their leaves annually.

"Tree, evergreen" means trees and shrubs that do not shed their leaves annually.

"Tree, ornamental" means a deciduous tree possessing qualities such as flowers or fruit, attractive foliage, bark or shape, with a mature height generally under forty (40) feet.

"Tree, prohibited" means a tree, as listed in this title that does not meet site-landscaping or performance standard requirements.

"Truck freight terminal" means an area and building where trucks and cargo are stored, where loading and unloading is carried on regularly, and where minor truck maintenance is performed.

"Truck stop" means a facility designed and used to provide services to the trucking industry including, but not limited to, fuel stations, repair shops, truck washes, restaurants, convenience stores, weight scales, and shower facilities, all as part of a unified facility.

"Truck sales and service" means any establishment that sales and services semis, grain trucks, and other vehicles similar in size. Inoperable trucks may be stored on a temporary basis, and only if they are to be serviced.

"Trucking company" means an area and/or building where trucks and/or trailers are stored, where loading and unloading does not primarily occur regularly, may include minor truck maintenance, scales and/or fuel.

U

"Undeveloped land" means land in its natural state.

"University (or college)" means an institution for post-secondary education, public or private, offering courses in general, technical, or religious education and operated not-for-profit. It operates in buildings owned or leased by the institution for administrative and faculty offices, student and faculty housing, classrooms, laboratories, chapels, auditoriums, lecture halls, libraries, student and faculty centers, community rooms and facilities, athletic facilities, fraternities, and sororities. A university may include for-profit businesses and facilities that are incidental to the educational, cultural, and athletic functions and which lease space from the institution. A university shall not include trade schools operated for profit.

"Unnecessary hardship" means a hardship which is subject to relief by means of variance, such as those that result from exceptional topographic conditions, exceptional physical conditions of a parcel of land, or other characteristics of the property that are unique from those of adjoining property in the same zoning district. Hardships which are self-imposed, resulting from errors in judgment on the part of the property owner, or based on a perceived reduction in economic gain shall not be considered unnecessary hardships.

"Use" means the purpose of which land, building, or structure thereon is designed, arranged, or intended, or for which it is occupied, maintained, let, or leased.

"Use category" means a group of similar use types that are associated with each other to such an extent that they are grouped together for the purpose of identifying land uses by this title, such as retail uses, office uses, personal service uses, and general industrial production.

"Use, change of" means the discontinuation of the specific primary use of a lot or structure and the replacement of that use with a different specific use.

"Use, existing" means the use of a lot or structure present at the effective date of the ordinance codified in this title.

"Use, illegal" means any use that is neither legal nonconforming or permitted by right or special exception in the zoning district in which it is located as defined by this title.

"Use, nonconforming" means a use which does not conform with the use regulations of the zoning district in which it is located.

"Use, permitted" means any use listed as a permitted use in this title or which is an accessory or temporary use associated with a permitted use for the zoning district in which it is located.

"Use, primary" means the main use of land or structures, as distinguished from an accessory use. A primary use may be either a permitted use or a special exception use.

"Use, special exception" means a use that is designated by this title as being permitted in a specific zoning district if it is found to be appropriate and upon application, is specifically authorized by the board of zoning appeals.

"Use, temporary" means a land use or structure established for a limited and fixed period of time with the intent to discontinue such use upon the expiration of the time period.

"Use variance" means the approval of a use by the board of zoning appeals which is not listed as a permitted or special exception use by this title and is not an accessory or temporary use associated with any primary use permitted by this title.

"Utility substation" means a building or structure used for the distribution or transmission of utilities such as water, gas, electricity, or sewer.

V

"Vacation" means the termination or termination of interest in a plat, an easement, or a right-of-way or other public dedication.

"Variance, development standards" means a specific approval granted by a board of zoning appeals in the manner prescribed by this title, to deviate from the development standards (such as height, bulk, area) that the title otherwise prescribes.

Variance, use: see "Use, variance."

"Variety store" means a retail establishment that sells a multitude of consumer goods.

"Vehicle" means a device used as a mode of transportation of persons and/or goods including but not limited to automobiles, semi-tractor trailers, all types of trailers, snowmobiles, recreational vehicles, motorcycles, and like devices.

"Vehicle detailing/accessory shop" means an establishment that provides auto-detailing services and/or sells associated merchandise. Services offered are cosmetic in nature, and do not include mechanical upgrades or repairs.

"Vehicle, inoperable" means a vehicle which, due to mechanical defect or failure, or incorrect or unapparent licensing, is not physically or legally able to be operated.

"Veterinary office (animal clinic)" means an establishment for the care, observation, or treatment of domestic animals.

"Video store" means an establishment primarily engaged in the retail rental of DVD, videotapes, films, CD-ROMS, laser discs, video games, or other electronic media.

W

"Warehouse" means a facility for the storage, wholesale, and distribution of manufactured products, supplies, and equipment.

"Waste disposal facility" means any facility that functions to store or dispose of waste including incinerators, junk metal yard, sanitary landfills, refuse dumps, and inoperable vehicle storage.

Waste, hazardous: see "Hazardous waste."

"Water tower" means a tower or standpipe that functions as a reservoir providing water to the community.

"Wellfield (public pumphouse)" means an area of land that contains one or more existing or proposed wells for supplying water to a water utility.

"Wetland" means areas that are inundated and saturated by surface or groundwater at a frequency and duration sufficient to support vegetation typically adapted for life in saturated soil conditions as identified by the National Wetlands Institute and certified by an individual with a US Army Corps of Engineers Regulation 4 Jurisdictional Wetland Certification.

"Wholesale facility" means an establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers.

"Winery" means a facility in which wine products are grown and processed for commercial sales. The development may include other uses such as a retail shop, standard restaurant, bar or live entertainment.

X, Y & Z

"Yard" means a space on a lot that is open and unobstructed

"Yard, front" means the horizontal space between the nearest foundation of a building to the front lot line, extending to the side lines of the lot, and measured as the shortest distance from that foundation to the front lot line.

"Yard, rear" means the horizontal space between the nearest foundation of a building to a rear lot line and that rear lot line, extending to the side lines of the lot, and measured as the shortest distance from the foundation to the rear lot line. Corner lots shall have no rear yards, only front yards and side yards.

Yard sale: see "Garage sale."

"Yard, side" means the horizontal space between the nearest foundation of a building to the side lot line and that side lot line, measured as the shortest distance between that foundation and the side lot line.

"Zoning district" means a section of the city of Franklin for which uniform zoning regulations governing use, height, area, size, intensity of use of buildings and land, and open spaces around buildings, are established by this title.

Zoning map: see "Official zoning map."

(Ord. 07-09 § 2 Exh. B; Ord. 07-03 § 1 Exh. A (part); Ord. 04-09 § 13.2)

(Ord. No. 2010-04, § 2(Exh. A), 7-19-2010; Ord. No. 2012-19, § 1(Exh. A), 7-16-2012; Ord. No. 2021-12, § 1(Exh. G), 6-7-2021)