Whereas, any portion of the municipal zoning code of the Town of Griffith not addressed in Ordinance 2003-16, shall remain in full force and effect, shall be incorporated by reference and shall become a part of this ordinance 2003-16.

(Ord. No. 2003-21, 7-15-03)

This chapter shall be known and may be cited and referred to as the "Zoning Ordinance of the Town of Griffith, Indiana".

This chapter is adopted for the following purposes:

(1)

To promote the public health, safety, comfort, morals, convenience and general public welfare.

(2)

To protect the character and the stability of the residential, business and industrial areas within the town and to promote the orderly and beneficial development of such areas.

(3)

To provide adequate light, air, privacy and convenience of access to property.

(4)

To regulate the intensity of use of land and lot areas and to determine the area of open spaces surrounding buildings necessary to provide adequate light and air and to promote the public health.

(5)

To lessen or avoid congestion in the public streets.

(6)

To provide for the needs of industry, business and residence in future growth.

(7)

To promote healthful surroundings for family life in residential areas.

(8)

To fix reasonable standards to which buildings or structures shall conform therein.

(9)

To prohibit uses, buildings or structures which are incompatible with the character of development or the uses allowed within specified zoning districts.

(10)

To prevent additions to or alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations imposed hereunder.

(11)

To protect against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare.

(12)

To prevent the overcrowding of land and undue concentration of structures so far as is possible and appropriate in each district by regulating the use and bulk of buildings in relation to the land surrounding them.

(13)

To conserve the taxable value of land and buildings throughout the town.

(14)

To provide for the gradual elimination of nonconforming uses of land, buildings and structures, which are adversely affecting the character and value of desirable development in each district.

(15)

To define and limit the powers and duties of the administrative officers and bodies as provided.

(a)

Zoning districts. In order to carry out the purposes and provisions of this chapter, the town is hereby divided into zoning districts, as shown on the official zoning map which, together with all explanatory matters thereon, is hereby adopted by reference and made a part of this chapter:

The official zoning map shall be identified by the signature of the town council president attested by the town clerk, and bearing the seal of the town under the following words:

"This is to certify that this is the Official Zoning Map referred to in Section 1 of Ordinance #___ of the Town of Griffith, State of Indiana", together with the date of the adoption of this chapter.

If, in accordance with the provisions of this chapter and chapter 174 of the Acts of 1947 as amended, changes are made in district boundaries or other matters portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the common council of the town.

(b)

Replacement of official zoning map. In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature and number of changes and additions, the common council may, by resolution, adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map shall be identified by the signature of the town council president attested by the town clerk, and bearing the seal of the town under the following words:

"This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted November 19, 1962, as part of Ordinance No. 466, and as was readopted on August 7, 1967, as part of Ordinance No. 544 of the Town of Griffith, Indiana".

(c)

[Rezonings.] The zoning districts of the below-described real estate lying within the corporate limits of the Town of Griffith, Lake County, Indiana, are amended from that shown on the original adoption of the official zoning map as follows:

Lot 24 in Block 1 of Woodlawn Addition to the Town of Griffith shall be zoned PB, professional business.

(Ord. No. 2015-24, 7-7-15)

Whenever uncertainty exists with respect to the boundaries of the various districts as shown on the official zoning map, the following rules shall apply:

(a)

Boundaries indicated as following centerlines of streets, highways, alleys, platted lot lines or town limit lines, shall be construed to follow such lines.

(b)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(c)

Boundaries indicated, as approximately following the centerlines of streams or rivers shall be construed to follow such centerlines.

(d)

Where a zoning district boundary line divides a platted lot of record which was in single ownership at the time of enactment of this chapter, the board of zoning appeals may, upon petition, extend such zoning district boundary line to include the entire lot of record in one or the other of the zoning districts.

(e)

In all other cases of interpretation of district boundaries not covered by the above regulations, final interpretation shall be made by the board of zoning appeals.

(a)

Interpretation and application.

(1)

In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for promotion of the public health, safety, morals and welfare.

(2)

Where the conditions imposed by any provisions of this chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.

(3)

This chapter is not intended to abrogate any easement, covenant or any other private agreement; provided, that where the regulations of this chapter are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this chapter shall govern.

(b)

Scope of regulations. Except as may otherwise be provided in Article XVIII, entitled "Nonconforming Uses and Nonconforming Buildings," all buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, uses or land shall be located.

However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this chapter; and provided, that construction is begun within one year of such effective date and diligently prosecuted to completion, such building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may upon completion be occupied under a certificate of occupancy by the use for which originally designated subject thereafter to the provisions of Article XVIII entitled "Nonconforming Uses and Nonconforming Buildings."

No building or structure shall hereafter be erected or altered:

(1)

To exceed the height or bulk of applicable district regulations.

(2)

To accommodate or house a greater number of families.

(3)

To occupy a greater percentage of lot area.

(4)

To have narrower or smaller yards; either front, rear or side.

(5)

To, in any other way, diminish yard requirements.

(6)

To diminish, in any other way, the provisions of this chapter.

(c)

Zoning of annexed land. All territory, which may hereafter be annexed to the town, shall be considered to be annexed as it is so zoned at the time of the annexation. All existing special or use variance permits existing for any property to be annexed to the town shall be continued as use variances after annexation. Upon the annexation of any territory to the town, a plan for zoning the area annexed shall be forwarded to the common council by the plan commission.

(d)

Access to public street. Every principal building hereafter erected shall be on a zoning lot or parcel of land which adjoins a public street or a permanent easement of access to a public street, such easement to be at least 20 feet wide unless a lesser width was duly established and recorded prior to the effective date of this chapter.

(e)

Number of buildings on a zoning lot. Except in the case of planned developments, not more than one principle detached residential building shall be located on a zoning lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building.

(f)

Accessory buildings.

(1)

Time of construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

(2)

Percentage of rear yard occupied. No accessory building or buildings shall occupy more than 25 percent of the area of a rear yard.

(3)

Height and roof pitch of accessory buildings. No accessory building or portion thereof shall exceed 16 feet in height, or the height of the principal structure served by the accessory building, except antennas as provided for in subsection 86-6(f)(10). All accessory structures shall have a peaked roof such that the highest peak of the roof is at the middle of the building's width, and have a pitch substantially similar to the principal structure served by the accessory structure. No A-frame type accessory buildings shall be allowed, nor shall any accessory building be attached to or closer than five feet to any other building.

(4)

On reversed corner lots. On a reversed corner lot in a residential district, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than the established building line. Further, in the above instance, no such accessory building shall be located within five feet of any part of a rear lot line which coincides with a side lot line or a portion thereof of property in an R-1, R-2, R-3 or R-4 district.

(5)

In zoning districts R-1, R-2, R-3, or R-4. The summation of the gross floor area of all detached accessory structures shall not exceed the gross floor area of the principle structure, or 720 square feet, whichever is less (subject to not occupying more than 25 percent of the area of the rear yard).

(6)

Accessory buildings on easements. No accessory building may be built or located on a recorded easement.

(7)

Accessory structures in R-1, R-2, R-3, or R-4 zoned lots. Accessory structures shall number no more than two, unless there exists on the property an attached garage, in which case the number of accessory structures shall not exceed one.

(8)

Shed, playhouse, dog house, antenna, etc, when site plan required. One shed, playhouse, dog house, antenna, etc., measuring no more than 120 square feet and located in the rear yard of an R1, R2, R3 or R4 zoned lot shall not be counted as an accessory structure or building, and subsequent structures of any size shall be considered accessory. All sheds, playhouses, dog houses, etc. in any zoning district, except R1, R2, R3 and R4, shall be considered accessory and require approval of a site plan by the plan commission prior to issuance of a building permit.

(9)

Prohibited in front and side yards and near property lines. No accessory structure or building in any zoning district shall be allowed in the front or side yard of any lot, nor within three feet of any property line.

(10)

Antenna height and location. Freestanding antennas shall not be erected in any front or side yard. All freestanding antennas shall be constructed so that in case of structural failure the antenna tower will collapse on itself. In all zoning districts, freestanding antennas shall be no taller than the shortest distance from the base of the antenna (or its tower or support structure) to the nearest property line, however, except in I1 or I2 zoning districts, no antenna shall exceed 35 feet in height as measured from the ground elevation at its base to the highest point of the antenna. All antennas mounted to a building, except in I1 or I2 zoning districts, shall not exceed eight feet in height as measured from the highest point of the building to the highest point of the antenna.

(g)

Bulk regulations.

(1)

Continued conformity with bulk regulations. The maintenance of yards, courts and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located as long as the building is in existence. Furthermore, no legally required yards, courts, other open space or minimum lot area allocated to the building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space or minimum lot area requirements for any other building.

(2)

Division of zoning lots. No zoning lot improved with a building or buildings shall hereafter be divided into two or more zoning lots; and no portion of any zoning lot which is improved with a building or buildings shall be sold, unless all zoning lots resulting from each sale and improved with a building or buildings shall conform with all bulk regulations of the zoning district in which the property is located. However, with respect to the resubdivision of improved lots in multiple-family residential districts, side yard requirements shall not apply between detached buildings.

(3)

Location of required open space. All yards, courts and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.

(4)

Required yards for existing buildings. No yards now or hereafter provided for a building existing on the effective date of this chapter shall subsequently be reduced below or further reduced below if already less than the minimum yard requirements of this chapter for equivalent new construction.

(5)

Permitted obstruction in required yards. The following shall not be considered obstructions when located in the required yards specified:

a.

In all yards. Ordinary projections of skylights, sills, belt courses, cornices and ornamental features projecting not to exceed 12 inches; open terraces or decks not over four feet above the average level of the adjoining ground including a permanent roofed-over but not enclosed terrace or porch and not including porches, terraces or decks which project into the required front yard by more than eight feet from the front of the principal structure; awnings and canopies; steps which are necessary for access to a permitted building or for access to a zoning lot from a street or alley; chimneys projecting 18 inches or less into the yard; arbors, trellises and flagpoles; fences, screens, hedges and walls provided that in residential districts no fence or wall shall be located in the required front yard and no landscaped screen or hedge shall exceed three feet six inches in height if located in the front yard, and no fence, landscaped screen, hedge or wall shall exceed six feet in height if located in a side or rear yard. No fence, screen, hedge or wall shall interfere with line of sight requirements for local streets or intersections. No fence, screen, hedge or wall shall be constructed of material that may be described as rubble, cardboard, chicken wire, trees and brush, corrugated tin, utility poles, railroad ties, barbed wire, broken glass or electrified material. The design, location and construction of a fence, screen, hedge or wall shall be approved by the building commissioner prior to the issuance of a building permit. Under no circumstances shall the front yard setback be less than 22 feet measuring from the porch, terrace or deck to the beginning of the setback line.

b.

In front yards. One story bay windows projecting three feet or less into the yard; and, overhanging eaves and gutters projecting three feet or less into the yard.

c.

In rear yards. Enclosed attached or detached off-street parking spaces; open off-street parking spaces; accessory sheds, tool rooms and similar buildings or structures for domestic or open space storage; balconies, breeze ways and open porches; one-story bay windows and, overhanging eaves and gutters projecting three feet or less into the yard. No accessory building shall be nearer than three feet to the side lot line. No accessory building or use shall be nearer than three feet to the rear lot line.

d.

In side yards. Overhanging eaves and gutters projecting into the yard for a distance not exceeding 40 percent of the required yard width, but in no case exceeding three feet.

(h)

Performance standards. The performance standards set forth in this chapter in the Industrial districts as regards noise, odorous matter, vibrations, toxic or noxious matter, glare or heat, and fire and explosive hazards, shall also apply to residential and business districts.

(i)

Existing use variances. Where a use is classified as a use variance under this chapter and exists as a conditional or permitted use at the date of adoption of this chapter, it shall be without further action of the town council, the zoning administrator or the board of zoning appeals, a legal use.

(Ord. No. 2005-39, 12-6-05; Ord. No. 2007-38, 11-20-07; Ord. No. 2012-23, 10-2-12)

Accessory building or use.

(a)

An "accessory building or use" is one which:

(1)

Is subordinate to and serves the principal building or principal use.

(2)

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

(3)

Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served.

(4)

Is located on the same zoning lot as the principal building or principal use served, with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.

(b)

An "accessory building or use" includes but is not limited to the following:

(1)

A children's playhouse, garden house or private greenhouse.

(2)

A garage, shed or building for domestic storage.

(3)

Storage of goods used in or produced by Industrial activities unless such storage is excluded by district regulations.

(4)

The production, processing, cleaning, servicing, altering, testing, repair or storage of merchandise normally incidental to a retail service or business use conducted by the same ownership as the principal use. In a business district, all such activities shall conform to the performance standards for the I-1 industrial districts in article VIII, applied at the boundaries of the lot on which the use is located.

(5)

Off-street motor vehicle parking spaces or areas and loading facilities.

(6)

Signs as permitted and as regulated in each district incorporated in this chapter.

(7)

Carports, so long as it is attached to the dwelling served and conforms to the provisions of chapter 14, buildings and building regulations, article II, building code, section 14-92 garages.

(8)

Antennas, including a tower or structure constructed for the purpose of reception or transmission of telecommunications, radio, television, satellite, microwave or any other wireless signal. These structures may be freestanding or mounted to a building.

Actual construction. "Actual construction" is hereby defined as work done, which is beyond the preparation stage and into that stage where changes or additions are made permanent.

Administrator. The "administrator" is the officer appointed by and/or delegated the responsibility for the administration of these regulations by the planning commission.

Adult entertainment. See section 6-57 et seq.

Advertising structure. Any notice or advertisement, pictorial, or otherwise, and any such structure used as an outdoor display, regardless of size and shape, that contains a message unrelated to any business or activity or service actually carried on upon the premises.

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

Aircraft. Any contrivance, now known or hereinafter invented, for use designed for navigation of or flight in the air or outer space, including missiles.

Airport. Any area, which is used or intended to be used for the taking off and landing of aircraft, including helicopters, and any appurtenant areas, which are used or intended to be used for airport buildings or facilities, including open space, taxiways, and tie-down areas.

Alley. An "alley" is a public right-of-way not more than 30 feet wide, which affords only a secondary, means of access to abutting property, and not intended for general traffic circulation.

Amusement device. A Machine or device, generally coin-operated, which operates or may be operated for use as a game, contest, or amusement of any description, and sometimes incorporating either electro-mechanical devices or electronic video display operations; provided however, that coin-operated musical devices, rides, pinball machines, and other vending machines are excluded from this definition.

Apartment. An "apartment" is a room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included for each apartment.

Applicant. The "applicant" is a fee simple owner of land, or the authorized agent thereof, who makes application to the Griffith Plan Commission for action by said commission thereby affecting the land.

Arterial street. An "arterial street" is either a primary arterial or secondary arterial as defined in this section.

Automobile laundry/car wash. An "automobile laundry/car wash" is a building or portion thereof where the principal activity is the washing of automobiles, including the use of chain conveyors, blowers and steam cleaning devises.

Automobile repair, major. A "major automobile repair" is an activity described as engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; and overall painting of vehicles.

Automobile repair, minor. A "minor automobile repair" is an activity described as the incidental replacement of parts and motor service to automobiles, but not including any operation specified under "automobile repair, major."

Automobile service station or filling station. An "automobile service station" or "filling station" is a place where gasoline and diesel fuel, stored only in underground tanks, and kerosene, lubricating oil or grease for operation of light trucks and automobiles, is offered for sale directly to the public on the premises. It may include the sale and provision of minor accessories and services for said vehicles, including washing of vehicles where no chain conveyor, blower or steam cleaning devise is employed. Uses permissible at an automobile service station or filling station shall not include major automobile repair, welding unless incidental to minor repairs, i.e.: exhaust, storage of automobiles not in working condition, the sale of automobiles or trucks, or other work involving noise, glare, smoke, fumes or other characteristics to an extent greater than would normally be found in service stations. An automobile service station or filling station is neither a repair shop nor a body shop.

Automobile wrecking yard. An "automobile wrecking yard" is any land, building or structure used for the open storage, keeping or abandonment of any worn out, cast off, inoperative, discarded or abandoned vehicle, automobile or parts thereof, which is not being restored to operation, including vehicles or automobiles without a valid current state registration and license plate issued to such vehicle or automobile, or to the occupant, owner, purchaser, lessor, lessee or tenant of such place; and including the wrecking of such motor vehicles or the parts thereof and any other goods or articles of salvage for the purpose of commercial sale.

Awning. An "awning" is a roof-like cover, temporary in nature, which projects from the wall of a building and overhangs a public way or a required yard.

Basement. A "basement" is a story partly underground, but having less than one-half its clear floor to ceiling height below finished grade. A basement should be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet and the area is used for business or dwelling purposes.

Bed and breakfast inns. "Bed and breakfast inns" are establishments ranging from four to 20 guest rooms and may include restaurants that cater to the general public as well as to overnight guest. These are treated as commercial establishments, or as special uses in residential districts.

Block. A "block" is a tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad right-of-way, bulkhead lines, shore lines, waterways or corporate boundary lines of a town.

Boarding house. A building, not available to transients, in which meals are regularly provided for compensation for at least three, but not more than 30 persons.

Buffer landscaping. "Buffer landscaping" is any trees, shrubs, walls, fences, berms, or related landscaping features required under this chapter or the subdivision regulations to be placed on private property and privately maintained or in public rights-of-way for the purpose of buffering lots from adjacent property, for esthetic purposes, and/or for creating sound barriers and/or visual privacy.

Building. A "building" is any structure designed, built or intended for the shelter, enclosure or protection of persons, animals, chattels or moveable property of any kind, and which is permanently affixed to the land.

Buildable area. The "buildable area" is the portion of the lot remaining after required yards have been provided.

Building, completely enclosed. A "completely enclosed building" is a building separated on all sides from the adjacent open space or from other buildings or other structures by a permanent and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

Building coverage. The "building coverage" on a zoning lot is the proportion of the total area of such zoning lot occupied by the ground area of all buildings located thereon. Porches, breezeways, pool houses, gazebos, and other roofed structures shall be included in the determination of building coverage. Playground equipment, tree houses, playhouses for children shall not be included.

Building, detached. A "detached building" is a building, which does not connect to another building and is surrounded by open space on the same lot.

Building height. "Building height" is the vertical distance from the curb level, or its equivalent, opposite the center of the front of the building to the highest point of the exterior of the building. Appurtenances (chimneys, vent stacks, antennas, etc.) shall not be included when determining height.

Building line. A "building line" is the line that establishes the minimum permitted distance on a lot between the front line of a building and the street right-of-way line.

Building permit or location improvement permit. A "building permit" or a "location improvement permit" is a document issued to a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure within its jurisdiction, or cause the same to be done or to change the use or condition of the land.

Building, principal. A "principal building" is a building in which the principal use of a lot on which it is located is conducted.

Building, residential. A "residential building" is a building which is arranged, designed or used for residential occupancy by one or more families or lodgers and which includes, but is not limited to the following:

(a)

One-family detached dwellings.

(b)

Two-family dwellings.

(c)

Multiple-family dwellings.

(d)

A row of one- or two-family attached dwellings developed initially under single ownership or control.

Bulk. "Bulk" is the term used to indicate the size and setbacks of buildings or structures and the location of same with respect to one another, and includes the following:

(a)

Size and height of buildings.

(b)

Location of exterior walls at all levels in relation to lot lines, streets or to other buildings.

(c)

Gross floor area of buildings in relation to lot area (floor area ratio).

(d)

Amount of lot area per dwelling unit.

Business. A "business" involves the purchase, sale, or exchange of goods or services, or the maintenance for profit of offices or recreational or amusement enterprises.

Bus terminal; bus depot; bus station. A "bus terminal," a "bus depot" or a "bus station" is any place, building or portion thereof where intra-town buses make their major or only stop, whether such stop is off-street or on the public way adjacent thereto, for the purpose of loading or unloading passengers, baggage or freight, and where minor repairs to such buses may be provided. Such "bus terminal," "bus depot" or "bus station" may serve as a stop for inter-town buses for the purpose of loading or unloading passengers and baggage but shall not be deemed to include the corner-to-corner pick-up and discharge service normally provided by inter-town buses.

Campground. A "campground" is any site, lot, field, or tract of land under single ownership, or ownership of two or more people, designed with facilities for short term occupancy by recreational vehicles and other camping equipment, but not including mobile homes.

Cellar. A "cellar" is a story partly or wholly underground and having more than one-half of its clear height below the average level of the adjoining ground. A "cellar" should not be considered in determining the permissible number of stories, nor shall it be considered as space to be used for living quarters.

Cemetery. A "cemetery" is any tract of land used for burying the dead such as a graveyard and includes any columbarium, crematory, mausoleum or mortuary operated in conjunction with and on the same tract as the cemetery.

Clinic. A "clinic" is an establishment in which patients are admitted for medical or dental study or treatment and in which the services of at least two physicians and/or dentists are provided.

Club or lodge, private. A "private club" or "private lodge" is a nonprofit association of persons who are bona fide members, electing a board of directors and paying annual dues, which owns, hires or leases a building or portion thereof, the use of such premises being restricted to members and their guests. It shall be permissible to serve food and beverages on such premises; provided, that adequate dining room service and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed in conjunction with the operation of a dining room established for the purpose of serving food and beverages though such beverages may be served in a separate room or rooms. Provided further that such sale of alcoholic beverages comply with the applicable state, federal and municipal laws.

Cluster housing. "Cluster housing" is developments in which the dwelling units are clustered close to their access streets or drives in order to permit aggregation of yard space into larger common recreational spaces.

Coin-operated amusement center. An establishment engaged in providing amusement or entertainment through or by the use of amusement devices, and containing five or more such amusement devices.

Collector street. A "collector street" is a street intended to move traffic from local streets to secondary arterials.

Condominium. A "condominium" is real estate lawfully subjected to the Horizontal Property Law by the recordation of condominium instruments, in which undivided interests in the common areas and facilities are vested in the condominium unit owners.

Convalescent home. (See "Rest home").

Curb level. The "curb level" for any building is the level of the established curb in front of such building measured at the center of such building. Where no curb exists and no curb elevation has been established, the town engineer shall establish curb level.

Day care center. A "day care center" is any place operated by a person, society, agency, corporation or institution, or any other group, which receive for pay three, or more children under 18 years of age for group care, without transfer or custody, for less than 24 hours per day.

Detached building. A building that has no structural connection with another building.

Drive-in. A "drive-in" is an establishment selling foods, frozen desserts, or beverages to customers, and the establishment being designed, intended or used for the consumption of such items on the premises inside of and outside of the building in which they were prepared.

Driveway. A "driveway" is a paved area, which provides private access from the public street or alley to an individual property.

Dump. A "dump" consists of a lot or parcel of land used primarily for the disposal by abandonment, dumping, burial, burning or by any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, discarded vehicles or parts thereof or waste material of any kind.

Dwelling. A "dwelling" is a building or a portion thereof, (but not a motor home or camper), designed or used exclusively for residential occupancy, or permitted home occupations, including one-family dwellings, two-family dwellings, and multiple-family dwellings, but not including hotels, motels and lodging rooms.

Dwelling, attached. An "attached dwelling" is one, which is joined to another building at one or more sides by a common wall or walls.

Dwelling, detached. A "detached dwelling" is one, which is entirely surrounded by open space on the same lot.

Dwelling, farm. One-family dwellings, located upon farms and occupied or used by the owner, farm tenant, or other persons employed thereon.

Dwelling, multiple-family. A "multiple-family dwelling" is a residential building with dwelling units designed for and occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling, row house. A "row house dwelling" is any one of three or more one-family attached dwelling units in a continuous row or rows.

Dwelling, single-family. A "single-family dwelling" is a detached residential dwelling unit designed for and occupied by one family only.

Dwelling, two-family. A "two-family dwelling" is a detached residential building with two dwelling units, designed for and occupied by not more than two families.

Dwelling unit. A "dwelling unit" is one room, or rooms connected together, constituting a separate independent housekeeping unit established for owner occupancy or for rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure. A dwelling unit contains independent cooking, sleeping and toilet facilities.

Dwelling unit, efficiency. An "efficiency dwelling unit" is a dwelling unit consisting of one room exclusive of the bathroom, kitchen, hallway, closets or dining alcove directly off the principal room; provided, that such dining alcove does not exceed 100 square feet in area.

Dwelling unit, mobile home. A "mobile home dwelling unit" is a detached residential dwelling designed for transportation after fabrication on streets or highways on its own wheels or on a flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling unit, complete and ready for occupancy except for minor and incidental unpacking and assembly operations. It shall be located in accordance with the provisions of article XIV, Mobile Homes and Mobile Home Parks. A travel trailer is not a mobile home.

Easement. An "easement" is an authorized grant made by a property owner for use by another of any designated part of his property for a clearly specified purpose and officially recorded.

Establishment, business. A "business establishment" is a separate place of business having the following three characteristics:

(a)

The ownership and management of all operations conducted within such establishment is separate and distinct from the ownership and management of operations conducted within other establishments on the same or adjacent zoning lots.

(b)

Direct public access to such "business establishment" is separate and distinct from direct access to any other such establishment.

(c)

There is no direct public access from within such establishment of any other such establishment.

Family. A "family" consists of one or more persons related by blood, marriage or adoption, or a group of not more than two persons who need not be related by blood, marriage or adoption (excluding servants), who are living together in a single dwelling unit and maintaining a common household conforming to all town and state health and housing codes.

Farm, confinement feeding. Any operation involving the production of livestock or fowl or related operations, indoors or outdoors, wherein more than 25 head of livestock or 300 fowl are kept within buildings or structures or in paved or unpaved feed lots, wherein five square feet or less feed lot area is provided per laying hen, or eight or less square feet per hog weighing 225 pounds or less, or 15 square feet or less per lamb or ewe, or 50 square feet or less per sow, or 50 square feet or less per feeder steer, or 100 square feet or less per dairy cow, provided that this definition shall not apply to operations involved with the processing of products of confinement feeding operations.

Farm, general. An area used for agricultural operations, including truck gardening, forestry, the operation of a tree or plant nursery; or the processing of farm products produced on the farm by the resident owner or tenant, but it does not include commercial or custom slaughtering.

Flood hazard areas. A "flood hazard areas" consist of floodplains which have not been adequately protected from flooding caused by the regulatory flood, and are shown on the zoning map and/or the flood hazard or floodway-flood boundary maps of the Federal Insurance Administration or maps provided to the plan commission from the Indiana Natural Resources Commission.

Floodplain. A "floodplain" consists of the area adjoining the river or stream, which has been or may hereafter be covered by floodwater from the regulatory flood.

Floodproofed building. A commercial or industrial building designed to exclude floodwaters from the interior of that building. All such floodproofing shall be adequate to withstand the flood depth, pressures, velocities, impact and uplift forces and other factors associated with the regulatory flood.

Flood protection grade. The "flood protection grade" is the elevation of the lowest floor of a building, including the basement, which shall be two feet above the elevation of the regulatory flood.

Floodway fringe. The "floodway fringe" is that portion of the floodplain lying outside the floodway, which is inundated by the regulatory flood.

Floor area (for determining floor area ratio). For the purpose of determining the floor area ratio, the "floor area" of a building is the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of party walls separating two buildings. The "floor area" of a building shall include basement floor when more than one-half of the basement height is above the established curb level, elevator shafts and stairwells at each floor, floor space used for mechanical equipment (open or enclosed), located on the roof, penthouses, attic space having headroom of seven feet, ten inches or more, interior balconies, mezzanines and enclosed porches and floor area devoted to accessory use. However, any space devoted to off-street parking or loading shall not be included in "floor area."

Floor area (for determining off-street parking and loading requirements). For the purpose of determining off-street parking and loading requirements for any use, the "floor area" shall be calculated as the sum of the gross horizontal areas of the several floors of the building or the portion thereof devoted to such use, including accessory storage areas located within selling or working space such as counters, racks or closets and any basement floor area devoted to retailing activities, to the production, preparation or processing of foods or to business or professional offices. However, "floor area" for the purpose of measurement of off-street parking spaces shall not include: floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering space; or basement floor area (except as otherwise noted herein).

Floor area ratio. The "floor area ratio" of the building or buildings on any zoning lot is the floor area of the building or buildings on that zoning lot divided by the total area of such zoning lot, or in the case of planned unit developments, by the total net site area.

Garage or yard sale. A "garage sale" or "yard sale" is defined as a public or private sale conducted by the owner or occupier of a premises, and conducted within a residence, garage or other accessory buildings or outside thereof, which sale is of six or more items of personal property owned or is in the possession of the owner or occupier of the premises, which personal property was not acquired by the owner or occupier for the purpose of resale.

Greenbelt. A "greenbelt" is an area of undeveloped land, covered only by grass, shrubbery, trees and other similar natural vegetation, maintained in a sightly condition, and which may be in its natural state or graded and landscaped.

Ground floor area. The square foot area of a residential building within its largest outside dimensions computed on one horizontal plane above the ground level, exclusive of open porches, breeze ways, terraces, garages, exterior stairways, furnace and laundry areas.

Group home. A "group home" is a single self-contained home established and operated by the county department of welfare, licensed private child placement agency or licensed incorporated group established for the purpose of receiving and caring for up to eight children or mentally impaired and developmentally disabled who are attended by house "parents."

Hardship. A "hardship" is a perceived difficulty with regard to one's ability to improve the land stemming from the application of the development standards of this chapter, 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. Self-imposed situations include: the purchase of land with actual or constructive knowledge that, for reasons other than physical characteristics of the property, the development standards herein will inhibit the desired improvement; any improvement initiated in violation of the standards of this chapter; any result of land division requiring variance from the development standards of this chapter in order to render the site buildable.

Home occupations. A "home occupation" is a gainful occupation or profession customarily carried on by an occupant of a dwelling unit as a use, which is clearly incidental to the use of the dwelling unit for residential purposes. It does not include uses typically identified as a retail business, industrial business or a repair shop.

There shall be no exterior sign or display, except as allowed in the sign regulations for the district in which such home occupations may be located: there shall be no exterior manifestations of such home occupations which would adversely affect the neighborhood; and, there shall be no storage of equipment or materials used in connection with such home occupation. There shall be no employment other than members of the resident family. There shall be no sales of products or services not produced on the premises. The use shall not generate pedestrian or vehicular traffic beyond that normal to the district in which it is located.

It shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than a vehicle not to exceed one ton, owned by the operator of such home occupation, which shall be stored in an entirely enclosed garage. No more than one room in the dwelling shall be employed for the home occupation. No building or space outside of the main building shall be used for home occupational purposes except for agricultural uses. There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential or agricultural purposes as defined in the district.

A "home occupation" includes but is not limited to such uses as the following: art studio, custom dressmaking and sewing, professional office of a clergyman, lawyer, physician, dentist, architect or engineer, realtor, accountant or teacher of music, beauty shop limited to one customer at a time, dance and other instruction when limited to one pupil at a time and when located in a dwelling occupied by the same. "Home occupations" however, shall not be construed to include such uses as the following: medical clinic or hospital, barber, tea room or restaurant, gift shop or millinery shop, machine shop or automobile repair shop, tourist home, commercial stable or kennel.

Hospice. A medically supported group residence for the terminally ill.

Hospital. A "hospital" is an institution where physicians and other medical professionals provide health services primarily for in-patient nursing and medical or surgical care and treatment for persons suffering from injuries or from physical or mental ailments. Additional facilities and services, including but not limited to laboratories, diagnostic testing, analytical and clinical research, out-patient department, training facilities and administrative and staff offices and living quarters, related directly to the health services provided may be located and operated as an integral part of such hospital.

For the purposes of this chapter, the term "hospital" shall include the terms "sanitarium" and "institution for the care of the insane or feeble-minded" except in determining the applicable off-street parking and loading requirements specified in this chapter.

Hotel, apartment. An "apartment hotel" is a hotel which contains dwelling units or dwelling units and lodging rooms, and in which at least 50 percent of the gross floor area devoted to residential use shall be allocated to such dwelling units.

Hotel, transient. A "transient hotel" is any hotel, which is not an apartment hotel.

Improvement location permit. An "improvement location permit is a document permitting a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure within its jurisdiction, or cause the same to be done, or to change the use or condition of the land.

Industrial use, general. Manufacturing, processing, extraction, heavy repair, dismantling, storage, or disposal of equipment, raw materials, manufactured products or wastes, in which operations, other than transportation.

Junkyard. A "junk yard" is an open area where waste or scrap metals are kept, discarded, abandoned, bought, sold, exchanged, sorted, baled, parked, disassembled or handled, including but not limited to scrap iron and other metal, paper, rags, rubber tires and bottles. A "junk yard" includes an automobile wrecking yard but does not include uses established entirely within enclosed buildings.

Kennel. A "kennel" is any lot or premises or portion thereof on which more than three dogs, cats or other domestic animals are boarded owned, harbored, possessed, cared for, or kept in the custody of any person.

Loading space, off-street. An "off-street loading space" is a space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in the computation of required off-street parking space.

Lodging house or boarding house. A "lodging house" or "boarding house" is a dwelling containing one or more lodging rooms in which lodging or meals are provided for compensation on a weekly or monthly basis to one or more persons who are not of the keeper's family and are not transients.

Lodging room. A "lodging room" is a room rented as a sleeping and living quarters without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one "lodging room" for the purposes of this chapter.

Lot. A "lot" is a zoning lot except as the context shall indicate a lot of record, in which case a "lot" is a lot of record. A "lot" is a tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or of building development.

Lot, area. The "lot area" is the area of a horizontal plane bounded by the front, side and rear lot lines, less any portion of the lot which is below the established water line of any lake or stream or body of water.

Lot, corner. A "corner lot" is a lot, which is situated at the intersection of two streets; the interior angle of such intersection not exceeding 135 degrees. A lot with streets abutting more than two sides shall also be a "corner lot."

Lot, coverage. "Lot coverage" is that percentage of the lot area that is represented by the impervious surface, including all structures, driveways, patios, and sidewalks. Swimming pools, and wooden decks are not included if earth or stone, or some other pervious surface is below the deck.

Lot, depth. The "lot depth" is the mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.

Lot, interior. A lot other than a corner or through lot.

Lot, reverse corner. A "reverse corner lot" is a corner lot of which the side lot line adjoining the intersecting street is substantially a continuation of the front lot line of the first lot to its rear.

Lot, through. A "through lot" is a lot other than a corner lot having a pair of opposite lot lines along two more or less parallel public streets. On a "through lot", both street lines shall be considered as front lot lines.

Lot, width. The "lot width" is the mean horizontal distance between the side lot lines of a lot measured at the building line.

Lot line, front. The "front lot line" shall be that lot line of a lot, which is parallel and adjacent to an existing or dedicated public street, public way, or a lake or watercourse. The owner of a corner lot may elect either street lot line as the "front lot line".

Lot line, rear. The "rear lot line" shall be that lot line of a lot which is opposite from, or is most nearly parallel to the front lot line, except that for a triangular or other irregular shaped lot it means the line at least ten feet long, parallel to the front lot line, and wholly within the lot, that is farthest from the front lot line.

Lot line, side. The "side lot line" shall be any lot line of a lot separating two lots other than a front lot line or a rear lot line.

Lot of record. A "lot of record" is a lot, which is part of a subdivision recorded in the office of the county recorder.

Lot, zoning. A "zoning lot" is a single tract of land located within a single block, which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. Therefore, a "zoning lot" may or may not coincide with a lot of record.

Manufactured home. A "manufactured home" is a single-family dwelling unit designed and built in a factory, installed as a permanent residence, which bears a seal certifying that it is built in compliance with federal Manufactured Housing Construction and Safety Standards Law, and which complies with the following specifications:

(a)

Shall have been constructed after January 1, 1981, and must exceed 1,250 square feet of occupied space (see Ordinance 86-102).

(b)

Is attached to permanent foundation of concrete or masonry construction and has a permanent perimeter enclosure constructed in accordance with the One and Two Family Dwelling Code.

(c)

Has axles, wheels and towing chassis removed.

(d)

Has a pitched roof with a minimum rise of 2/12.

(e)

Consists of two or more sections which, when joined, have a minimum dimension of 20 feet by 47.5 feet in length or width enclosing occupied space.

Marquee or canopy. A "marquee" or "canopy" is a roof-like structure of a permanent nature which projects from the wall of a building and overhangs the public way and is designed and intended to protect pedestrians from adverse weather conditions.

Medical or dental clinic. A "medical clinic" or "dental clinic" is a facility operated by two or more physicians and/or dentists and other employees, and providing health services for the outpatient treatment of persons suffering from injuries or from physical or mental ailments. For the purposes of this chapter, the term "medical or dental clinic" shall include the term "group medical center."

Medical or dental office. A "medical office" or "dental office" is a facility operated by one physician or dentist and by not more than two other employees, and providing health services for the outpatient treatment of persons suffering from injuries or from physical or mental ailments.

Mineral extraction. The mining or quarrying, and removal of earth products.

Mobile home. A "mobile home" is any vehicle without motive power designed by the manufacturer or maker with hitch and undercarriage to permit attachment of axles and wheels, and so designed to permit its being used as a conveyance upon public streets or highways and so designed, constructed or reconstructed, or added to by means of an enclosed addition or room in such a manner as will permit it the occupancy thereof as a single-family dwelling for one or more persons, and not qualifying under the definition of a manufactured home. A house trailer shall be considered a "mobile home." An unoccupied, nonhabited travel trailer or camper is not to be considered a "mobile home."

Mobile home park. A "mobile home park" is any area of land upon which two or more mobile homes are harbored for the purpose of being occupied either free of charge or for revenue purposes, and shall include any building, structure, vehicle or enclosure used or intended for use as a part of the equipment of such "mobile home park."

Mobile home site. A "mobile home site" is the area of land within a mobile home park which accommodates or is intended to accommodate one mobile home, exclusive of streets, sidewalks, alleys, parking areas, buildings and structures other than the mobile home accommodated or intended to be accommodated and its yard and assigned portion of any greenbelt or recreational area.

Motel or tourist court. A "motel" or "tourist court" is a building or a group of buildings located on a single zoning lot, designed and intended to provide individual sleeping or living units for rent to guests, primarily arriving by automobile or public carrier. Ancillary to the principle function of providing rooms to guests may be a variety of other uses such as swimming pools, bars and restaurants, meeting and convention facilities, theaters and showrooms, and other such uses.

Motor freight terminal. A "motor freight terminal" is a building in which freight brought by truck is assembled or reassembled and sorted for routing in intrastate or interstate shipment. Minor repairs, servicing and refueling may be conducted in such "motor freight terminals."

Motor vehicle repair, major. A "major motor vehicle repair" includes engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers, collision service, including body, frame or fender repair or straightening and overall painting of vehicles.

Motor vehicle repair, minor. A "minor motor vehicle repair" includes incidental repairs and replacement of parts, motor service, and oil and lubrication to motor vehicles, but does not include any operation specified under "major motor vehicle repairs."

Nameplate. A "nameplate" is a sign indicating the name or address of a building or the name of an occupant thereof or the name of the practice of a permitted occupation therein.

Net site area. The "net site area" is the entire land area within the boundaries of a site, less one-half the area of any dedicated streets or alleys located along the boundaries of the site.

Nonconforming building or structure. A "nonconforming building or structure" is any building or structure which does not comply with all the regulations of this chapter or of any amendment hereto governing bulk for the zoning district in which such building or structure is located, or any building or structure which is designed or intended for a nonconforming use.

Nonconforming use. A "nonconforming use" is any use of land, buildings or structures that does not comply with all of the regulations of this chapter or of any amendment hereto governing use for the zoning district in which such use is located.

Noxious matter. "Noxious matter" is any material, which is capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects upon the physical or economic well being of individuals.

Nursing home. (See "Rest home").

Outdoor advertising business. An "outdoor advertising business" provides outdoor displays or display space on a lease or rental basis only.

Outdoor advertising. A sign, which directs attention to a business, commodity, service, entertainment, or idea, conducted, sold, or offered elsewhere than upon the premises upon which the sign is located.

Outdoor sales. The sale of retail or wholesale merchandise of any kind, not wholly within a permanent, fully enclosed structure.

Parking area. A "parking area" is a group of parking spaces, which are exclusive of any part of a street or alley, designed or used for the temporary parking of motor vehicles.

Parking garage. A "parking garage" is a structure where parking but not repairs are made available to the public.

Parking space. A "parking space" is an open space exclusive of the maneuvering aisle and driveway for the parking of a motor vehicle.

Performance standard. A "performance standard" is a criterion established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, and glare or heat generated by or inherent in the use of land or buildings.

Planned unit development. A "planned unit development" is a tract of land which is developed as a unit under single ownership or control, which includes two or more principal buildings and which is at least three acres in area for residential planned developments, at least four acres in area for business planned developments and at least five acres in area for industrial planned developments.

Plat. A "plat" is a map indicating the subdivision or re-subdivision of land filed or intended to be filed for record with the county recorder.

Primary arterial. A "primary arterial" is a street intended to move through-traffic to and from such major attractions as central business districts, regional shopping centers, colleges and/or universities, military installations, major industrial areas, and similar traffic generators within the town, and/or as a route between communities.

Principal building. A "principal building" is a building in which the principal use of the lot or parcel on which it is located is conducted. Standards recognized by the Indiana Department of Fire Prevention and Building Safety shall be used to determine whether a given structure constitutes one or more buildings in cases where ambiguities exist.

Principal use. The "principal use" of a building or property is that use, which occupies the majority of floor area or square footage of, said building or lot respectively.

Private camp. A "private camp" is an area of land used or designed to be used to accommodate groups or organized camping parties, including cabins, tents, food service and recreational services.

Private garage. A "private garage" is a garage whose principal use is to house motor vehicles for the accommodation of related dwelling units or related business establishments.

Private school. A "private school" is any institution conducting regular academic instruction at kindergarten, elementary, and/or secondary level, primarily supported by private funding. A private school shall not mean a facility, which as a principle function is limited to the instruction of such activities as dance, gymnastics, voice, martial arts, etc.

Professional office. A "professional office" is an office used by members of a recognized profession including but not limited to architects, artists, dentists, engineers, insurance agents and brokers, lawyers, musicians, pharmacists, physicians, realtors and surgeons.

Public improvement. A "public improvement" is any drainage ditch, street, highway, parkway, sidewalk, pedestrian-way, tree, lawn, off-street parking area, underground utilities, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.

Public school. An institution conducting regular academic instruction of a state-required curriculum, at kindergarten, elementary, and secondary level, primarily supported by public funding.

Public street. A street established for or dedicated to the public use.

Railroad right-of-way. A "railroad right-of-way" is a strip of land with tracks and auxiliary facilities for track operations, but not including depots, loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops or water towers.

Recreational equipment. "recreational equipment" shall include motorized or nonmotorized equipment, which does not qualify as a vehicle, including but not limited to boats, snowmobiles, jet skis, water sprites, trail bikes, etc.

Recreational vehicle. A "recreational vehicle" is a portable vehicular structure designed as a temporary dwelling for travel and vacation uses which is identified on the unit by the manufacturer as a travel trailer or a motor home, and is of a size that is street legal; and is a structure mounted on an automobile or truck, and is designed to be used for sleeping and human habitation.

Recreational vehicle park. An area of land on which two or more recreational vehicles are regularly accommodated with or without charge, including any building, structure, fixture, or equipment that is used or intended to be used in connection with providing such accommodation.

Recycling drop-off center. A "recycling drop-off center" is a place where presorted recyclable materials may be dropped off in "drop boxes." Such materials typically include paper, cardboard, paperboard, glass, plastic and metal. Other recyclable presorted materials may be included by specific reference in the "use variance" ordinance adopted for the intended site.

"Drop boxes" shall be painted weather resistant and maintained in good repair, and equipped with a tight-fitting lid. All recyclable material shall be maintained completely within the drop box. All signs shall conform to the sign provisions of the district. The BZA may place additional conditions or restrictions of the use as are appropriate to the zoning district in which they are located.

"Recycling drop-off centers" shall accept only paper, paperboard, glass, plastic containers, metal and reusable materials as allowed by the specific "use variance". Such centers shall use no power driven processing equipment. They shall use attractive containers of waterproof and rustproof materials, which are clearly marked to identify the type of material, which may be deposited; painted and maintained in good repair, and covered and secured from unauthorized entry or removal of material when the site is not attended. Such centers shall store all recyclable material in the containers and not left outside the containers when the attendant is not present. They shall be maintained free of fluids, odors, litter, rubbish, garbage and any other nonrecyclable material, and shall be swept and cleaned at the end of each collection day. Recycling drop-off centers shall be located only on paved surfaces in conjunction with public or private institutional parking lots not within 200 feet from any residence; or, in conjunction with a 501(c)(3) not-for-profit operation, which, in accordance with the town plan, is delegated to provide such service. Center operations shall not interfere with pedestrian or vehicular movement.

Identification signs shall not exceed 16 square feet, be nonilluminated and shall identify the name and telephone number of the facility operator and the hours of operation. Hours of operation shall not exceed 9:00 a.m. to 5:00 p.m. Monday through Saturday and there shall be no Sunday operations.

Recycling plant. A "recycling plant" is a facility, which is designed and intended to receive, and process recyclable material into products, which may be reconstructed, and/or recast into reusable end products for the market place or for further processing.

A "Recycling plant" shall receive, separate, store, process, convert and/or bale recyclable materials such as paper, iron, metal, glass, plastic containers and other nonbiodegradable recyclable material deemed appropriate by the plan commission and the town council, and as listed in the specifications and limitations of the "use variance." Hazardous and biodegradable materials including, but limited to food, beverage, drugs, cosmetics, hazardous chemicals, poisons, medical wastes, syringes, needles, pesticides, and other similar materials shall not be brought into or handled by a "recycling plant."

Outdoor storage of recyclable materials shall be contained within bins or on pallets or located on a paved area and, such outdoor storage area shall be enclosed by view obstructing walls, fences or buildings. No storage shall be visible from a public right-of-way or from any residential land use. All separation, sorting, processing, baling or other activity shall occur entirely within an enclosed building. The ambient noise level shall not be increased as measured at any property line. The owner/operator of the recycling plant shall prevent or immediately eliminate any nuisance created by dust, odors, blowing material, litter, ponding water, noise or other nuisance. Rodents, vermin, flies and other insects shall be immediately controlled.

The "recycling plant" shall be located on a lot having a minimum size of 80,000 square feet and such buildings shall be at least 1,000 feet from any school, church, public building, or retail and office commercial structure located on adjoining lots, or from a boundary of a residential zoning district. The site shall have access on an arterial street. Space shall be provided for a minimum of six vehicles or the anticipated peak hourly customer load, whichever is higher. In addition, parking shall be provided for each employee and for each commercial vehicle of the recycling station.

Identification signs shall not exceed 16 square feet and shall identify the name and telephone number of the facility operator and the hours of operation. Hours of operation shall not exceed 7:00 a.m. to 7:00 p.m. Monday through Saturday and there shall be no Sunday operations.

Recycling station. A "recycling station" is a facility, which is designed and intended to receive presorted recyclable material from "recycling drop-off centers" or directly from residents or from municipal sources. Such recycling stations aggregate presorted material within completely enclosed buildings for eventual transfer to "recycling plants" or industrial facilities.

"Recycling stations" shall accept only presorted recyclable material from "recycling drop-off centers", or directly from residents or municipal sources. Such material shall be stored in bins, barrels or semitractor-trailers. Such storage places shall be equipped with lids, covers or doors to prevent access by rodents and vermin. No material shall be stored or deposited on the premises in such manner that they may be transferred off the premises by natural causes or forces. The site shall be kept free of fluids, odors, litter, rubbish, garbage and other nonrecyclable material, and it shall be cleaned on a daily basis. Recyclable material shall include absolutely no hazardous or biodegradable wastes. No burning, melting or other reclamation shall be permitted. Recycling stations shall be located on a lot with a minimum size of 20,000 square feet.

The aggregation of presorted material shall take place within completely enclosed buildings and such building shall be at least 400 feet from school, church, public building, or retail and office commercial structure located on adjoining lots, or from the boundary of a residential zoning district. The site shall have access on an arterial street. Space shall be provided for a minimum of six vehicles or the anticipated peak hourly customer load, whichever is higher. In addition, parking shall be provided for each employee and for each commercial vehicle of the recycling station.

Identification signs shall not exceed 16 square feet and shall identify the name and telephone number of the facility operator and the hours of operation. Hours of operation shall not exceed 7:00 a.m. to 7:00 p.m. Monday through Saturday and there shall be no Sunday operations.

A detailed site and operations plan, including access, parking, signs, fencing and landscaping; and including provisions for supervision, hours of operation and security shall be subject to the approval of the plan commission and town council. Said plan shall have a clear description of the recyclable materials that are to be accepted.

Regulatory flood. A "regulatory flood" is that flood having a peak discharge which can be equaled or exceeded on the average of once in a 100-year period, as calculated by a method and procedure which is acceptable to and approved by the Federal Emergency Management Administration. This flood is equivalent to a flood having a probability of occurrence of one percent in any given year.

Regulatory floodway. A "regulatory floodway" is the channel of a river and those portions of the floodplains 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.

Regulatory floodway fringe. A "regulatory floodway fringe" is the area adjacent to the floodway, which is significantly covered by volumes of stored water during the occurrence of the regulatory flood.

Residential and commercial construction company. A construction company exclusively involved with small residential and commercial construction projects using rubber-tired backhoes, trucks up to dual axle.

Restaurant. A "restaurant" is any land, building or part thereof other than a boarding house, where meals are prepared and sold to the public for consumption on the premises, or sold as a carry-out including, but not limited to, a cafe, cafeteria, coffee shop, lunch room, drive-in stand, tea room and dining room.

Rest home; nursing home; assisted living facility; convalescent home; institution for the aged or for children. A "rest home," a "nursing home," a "convalescent home" or an "institution for the aged or for children," is an institution where infirm persons or the aged or children reside, where in-patient physician and nursing care may be provided to persons suffering from physical or mental ailments, where daily out-patient physician and nursing care may be provided, and where administrative and staff offices and living quarters operating as an integral part of such institution may be provided. For the purpose of this chapter, the term "rest home" shall include the term "day care center," an institution where daily outpatient nursing care is provided.

Secondary arterial. A "secondary arterial" is a street intended to collect and distribute traffic in a manner similar to primary arterials, except that these streets service minor traffic generating areas such as local commercial areas, primary and secondary schools, hospitals, community recreational areas, churches and offices, and/or designed to carry traffic from collector streets to the system of primary arterials.

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

However, the term "sign" shall not include any display of official court or public notices, nor shall it include the flag, emblem or insignia of a nation, political unit, school or religious group. A "sign" shall not include a sign located completely within an enclosed building. Each display surface of a sign shall be considered to be a "sign." However, a double-faced sign shall be measured by the largest silhouette said sign may produce.

Sign, advertising. An "advertising sign" is a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where such a sign is located or to which it is affixed.

Sign area. The area of the smallest circle, square, rectangle, oval, or combination thereof, which fully encloses all lettering, logos, or other portions of each sign

Sign, business. A "business sign" is an accessory sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.

Sign, flashing. A "flashing sign" is any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this chapter, any revolving, illuminated sign shall be considered a "flashing sign."

Sign, illuminated. An "illuminated sign" is a sign, which is illuminated by an internal or external source.

Sign, outdoor advertising. An "outdoor advertising sign" is a structural poster panel or painted sign, either freestanding or attached to a building, for the purpose of conveying information, knowledge, or ideas to the public about a subject unrelated to the activities on the premises on which it is located.

Sign, portable. A "portable sign" is a freestanding sign that is not permanently affixed to a building, structure or the ground and is designed to be moved from place to place, including trailer signs.

Sign, rotating beacon. A "rotating beacon sign" is a light of any color or design which is so intended to rotate or turn in such a way as to call attention to a particular product, sign, place of business or activity. Such "rotating beacon sign" shall not be construed to include rotating lights on emergency vehicles authorized to have such lights.

Sign, temporary. A temporary sign is a nonilluminated sign intended for short-term use.

Story. A story is the space between the upper surface of any floor and the next upper surface of any floor or roof above.

Street. A "street" is a public right-of-way which affords a primary means of access to abutting property, and which extends the entire width between abutting property lines. Property line to property line.

Street, collector. A street, which primarily collects traffic from local streets and transfers, it to the arterial street network.

Street, local. A street primarily used to provide direct access to abutting properties, usually residential.

Street, minor arterial. A street, which carries moderately high volumes of through traffic movements from collectors to principal arterials, with, limited or controlled access.

Street, principal arterial. A street, which serves high traffic volume corridors, and connects major population centers and traffic generators, with limited or controlled access.

Street line. A "street line" is the line separating a zoning lot or parcel from the street.

Structural change or alteration. A "structural change or alteration" is the substantial change of a supporting member of a building which would add to or prolong the life of the structure, such as a bearing wall or partitions, column, beam, or girder, or in an exterior wall or the roof. This does not include normal upkeep and repair.

Structure. A "structure" is anything constructed or erected which requires location on the ground or which is attached to something having a location on the ground. For the purpose of this chapter, a "structure" shall include signs of all kinds.

Subdivision. A "subdivision" is the division of a parcel of land into two or more lots, parcels, sites, units, plats, or interests, or the merger of two or more lots into fewer lots, for the purpose of offer, sale, lease, or development, either on the installment plan or upon any and all other plans, terms, and conditions, including resubdivision.

Substantial modification. Any alteration, repair, enlargement, or extension of an existing building. Such modification is considered to occur when the first alteration of any wall, ceiling, floor or other structural element of the building commences. This term does not include any project designed to bring an existing building into compliance with existing health, sanitary, or safety codes, nor does it include any alteration of a structure as a result of its listing as a historic place, or architecturally, culturally, or archaeologically significant.

Tavern or bar. A "tavern" or a "bar" is a building wherein intoxicating liquors are sold to be consumed on the premises, not including restaurants where the principal business is serving food.

Tourist home or bed and breakfast home. A "tourist home" or a "bed and breakfast home" is a dwelling having one to three bedrooms for rent to transients as an activity which is subordinate and incidental to the main residential use of the building, in which meals or lodging are provided or offered to transient guests for compensation.

Town home. A low-density multifamily residential land use characterized by occupant ownership. Town homes are distinguished from condominiums by including a small portion of land in the ownership of the unit's occupant, with the remaining property held in common.

Toxic or radioactive materials. "Toxic materials" and/or "radioactive materials" are those materials, which are capable of causing injury to living organisms by chemical means and/or radioactive emissions when present in relatively small amounts.

Trade or business school. A secretarial or business school or college when not publicly owned or not owned or conducted by or under the sponsorship of a religious, charitable or nonprofit organization; or a school conducted as a commercial enterprise, including, but not limited to: teaching instrumental music, dancing, voice, martial arts, barbering, hair dressing, or drafting, or for teaching industrial or technical arts.

Use. The "use" of property is the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner or performance of such activity with respect to the performance standards of this chapter.

Use, principal. A "principal use" is the main use of land or buildings as distinguished from a subordinate or accessory use.

Use variance. A "use variance" is the approval of a use other than that prescribed by this zoning ordinance. See article XX.

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

Visibility at intersections. A triangular area at each intersection corner of corner lots shall be kept free of any visual impediment between the height of two and 12 feet measured from the curb gutter or edge of pavement elevation. This triangle shall be determined by measuring 15 [feet] along each intersecting right-of-way line and connecting at a 45 degree angle the two measured points.

Yard. A "yard" is an open space on a zoning lot which is unoccupied and unobstructed from the ground level or lowest level otherwise specified, to the sky, except as otherwise allowed in section 86-6(g)(5), Permitted obstructions in required yards. A "yard" extends along a lot line at right angles to such lot line to a depth or width specified in the yard regulations for the zoning district in which such zoning lot is located.

Yard, front. A "front yard" is a yard extending along the full length of the front lot line between the side lot lines.

Yard, rear. A "rear yard" is a yard extending along the full length of the rear lot line between the side lot lines.

Yard, side. A "side yard" is a yard extending along a side lot line from the front yard (or front lot line when there is no front yard) to the rear yard (or rear lot line when there is no rear yard.)

(Ord. No. 2012-25, 10-2-12)

Fences are permitted, or required, subject to the following:

(1)

Residential fences may be located along the property line, except as limited by paragraph (3) of this section.

(2)

Fences on all lots in all residential districts which enclose property or are within a required side or rear yard shall not exceed six feet in height and shall not extend toward the front of the lot nearer than the front of the house or the required minimum front yard, whichever is greater. Fence height shall be measured from grade to the top of the highest point of the fence or its structural members, and shall follow grade along its length although a variation of seven inches shall be allowed to compensate for minor grade changes.

(3)

Fences on corner lots shall maintain a setback of three feet on the secondary street side, measured from the property line. No fence on the subject or adjoining property shall be located within a triangular area formed by measuring a distance of five feet from the points of intersections of driveways or alleys with public walkways.

(4)

All structural members must be located on the interior side of the fence itself.

(5)

No fence in a residential district shall be equipped with barbed wire or its equivalent or have any electric conducting wire attached to it.

(6)

Fences which enclose public or institutional parks, playgrounds or public landscaped areas situated within an area developed with recorded lots shall not exceed eight feet in height with the same restrictions as paragraph (2) of this section. The fence shall not obstruct vision to an extent greater than 25 percent of their total area.

(7)

Lots in a residential zone used for other than one- or two- family dwellings, shall be subject to these restrictions unless otherwise approved by the board of zoning appeals.

(8)

Fences in all districts on land abutting railroad right-of-way shall not exceed eight feet in height.

(9)

The board of zoning appeals may permit a setback of established accessory structures.

(10)

The board of zoning appeals ("board") may create, at its discretion, a subcommittee consisting of three board of zoning appeals members. Said subcommittee may hear only applications under this section. Any decision by said subcommittee may be appealed to the full board within ten calendar days of the issuance of the determination by said subcommittee.

(Ord. No.02-03, § 86-413, 3-5-02; Ord. No. 2014-33, 7-15-14)

Editor's note— Ord. No. 2008-16, adopted June 3, 2003, replaced the zoning code from which this section derived, however it has been included at the direction of the town.