Abandoned: The relinquishment of property or a cessation of the use of the property for a continuous period of one (1) year by the owner with the intention neither of transferring rights of the property to another owner nor of resuming the use of the property.

Accessory Dwelling (or Accessory Dwelling Unit): An accessory building used solely as a temporary dwelling for relatives or guests of the occupants of the principle structure; such dwelling having limited kitchen facilities and not rented.

Accessory Structure: A structure which:

1.

Is subordinate to a primary structure in area, intent, and/or purpose;

2.

Contributes to the comfort, convenience, or necessity of occupants of the primary structure or primary use;

3.

Does not alter or change the character of the premises;

4.

Is located on the same zoning lot or parcel as the primary structure or use;

5.

Conforms to the setback, height, bulk, lot coverage, and other requirements of this code;

6.

May not be constructed prior to the time of construction of the primary structure, unless used for agricultural use in an agricultural district;

7.

Is not designed for human occupancy as a dwelling or commercial use; and

8.

In the case of a telecommunications tower, antenna, or other radio or cellular communications or equipment, a subordinate structure detached from but located on the same site, the use of which is incidental and accessory to that of the primary telecommunications tower, antenna, or other radio or cellular communications equipment.

Accessory Building, Structure or Use: A building, structure or use subordinate to another structure or use located on the same property which does not change or alter the character of the premises. In no event shall a lot or property which is not contiguous to the principle use or separated by a dedicated public right-of-way be considered an accessory use.

Figure A

Addition: An extension or increase in floor area or height of a building or structure

Adjacent Property: Any property adjacent to or directly diagonal to the subject property. Properties across a public right-of-way (ROW) are also considered adjacent. The illustration below notes the properties that would be considered adjacent to two different subject properties.

Figure B

Administrator: See "Zoning Administrator."

Adult Business: See "Sexually oriented"

Adult Use: See "Sexually oriented……"

Advisory Plan Commission: See "Plan Commission."

Affected Property: Any property located within a one-hundred (100) foot offset from a petitioning property line as determined by the Director of Planning and Zoning.

Figure C

Agriculture: The use of land for agriculture purposes, including farming, dairying, pasturage, apiculture, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any accessory uses shall be secondary to that of the normal agricultural activities. "Agriculture" does not include feed lots, stock yards, or the commercial feeding of garbage or offal to swine or other animals.

Agricultural Building or Structure: A building or structure designed primarily for agricultural purposes in which the majority of the structure is used for the storage of crops and/or materials used in the preparation thereof, or for the storage, protection and maintenance of farm machinery and equipment, or for the housing or preparation of livestock or poultry for marketing, all primarily for the use of the owner or occupant.

Agricultural, Confined Feeding Operations: Any operations which involves confined feeding as described by statues of the State of Indiana and subject to all regulations contained therein.

Agricultural, Farm Business: Any farm ground which also contains or provides roadside stands for the purchase of products produce on the property on which the stand is located.

Agricultural, Storage Facility: Any property used for the storage of products other than those products that are produced on or directly associated with the property.

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 structures or facilities, including open spaces, taxiways, and tie-down areas.

Alley: A public right-of-way, other than a street, crosswalk, or easement that provides secondary access for the special accommodation of abutting property.

Alterations:Any change, addition or modification in construction or type of occupancy: any change in the structural members of a building or structure, such as walls, partitions, columns, beams, girders, or any change which may be referred to herein as "altered" or "reconstructed".

Amusement Park: (to include accessory hotels, restaurants, etc.)

Animal Hospital: A medical facility for the treatment of household domestic animals and pets that is operated by, or wherein the treatment is under the direct supervision of a veterinarian licensed to practice by the State of Indiana. For the purposes of this Code, a Veterinarian Clinic shall also be considered an animal hospital.

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

Apartment: One (1) or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit.

Apartment Building: A building containing three (3) or more dwelling units.

Applicant: The owner, owners, or legal representative of real estate who makes application to the Plan. Commission and/or Board of Zoning Appeals for action by the Plan Commission or Board of Zoning Appeals affecting the real estate owned or represented by the applicant.

Architectural Features: Architectural features of a building or structure shall include cornices, eaves, gutters, sills, lintels, bay windows, chimneys and decorative ornaments.

Arterial Street: See "Street, Arterial."

Assisted Living Facility: A residential facility where assistance with daily activities, such as taking medicine, dressing, grooming, and bathing are provided for the aged or infirm, or any other reasonably independent person in need of nursing care; and which does not contain equipment for surgical care or for treatment of disease or injury, and is not primarily designed for patients being treated for mental illness or alcohol or drug addiction. Assisted living facilities have private rooms that are not shared by non-related persons.

ATM: See "Automated Teller Machine."

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

Automobile Car Wash: A structure, or portion of a structure, containing facilities for washing one (1) or more automobiles at any one (1) time, using production line methods such as a chain conveyor, blower, steam cleaning device, or other mechanical devices; or providing space, water, equipment, or soap for the complete or partial cleaning of such automobiles, whether by operator or by customer.

Automobile Oriented Business: A business that includes services rendered directly on, to, or for vehicles. Automobile Oriented Businesses include automobile accessory installation, automobile body shop, automobile gas station, automobile oil change facility, automobile parts sales, automobile rental, automobile repair/service station, and automobile wash; not including automobile sales.

Automated Teller Machine (ATM): An electronically operated device used to conduct financial transactions on site, by means of direct computerized access.

Automobile Repair/Service Station: Any building or premises used for the dispensing, sale or offering for sale to the public, automobile fuels stored only in underground tanks and located wholly within the lot lines; lubricating oil or grease for the operation of automobiles; and the sale and installation of tires, batteries, other minor accessories, and minor auto repair, but not including a bulk plant, conducting of major auto repairs, automobile wrecking, automobile sales, or car washes; provided, however, that the washing of individual automobiles where no chain conveyor is employed may be included.

Average Setback: See "Setback, Average."

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

Basement: That portion of a structure below the first or ground floor level and having less than four (4) feet of clearance from its ceiling to the average finished grade of the structure perimeter. A basement shall not be considered a story for the purposes of determining structure height, except when it is used or suitable for habitation.

Bed and Breakfast, Homestay: A building in which one (1) but not more than five (5) guest rooms are used to provide or offer overnight accommodations for transient guests. Eating accommodations can be provided within the building for guests.

Bed and Breakfast, Inn: Establishments providing guest rooms for overnight accommodation and may include restaurants that cater to the general public as well as overnight guests. Such uses shall be considered as commercial enterprises.

Berm: A man-made, formed, earth mound of definite height and width used for landscaping and screening purposes, the intent of which is to provide a transition between uses of differing intensity or to screen uses from sight.

Berth: The off-street area required for receipt or distribution by vehicles of material or merchandise, which for the purpose of these regulations is held to be twelve (12) feet by fifty (50) feet loading space with fourteen (14) feet height clearance, paved with suitable dust preventative or hard surface.

Block: Property abutting on one (1) side of a street and lying between the two (2) nearest intersecting or intercepting streets, intersecting railroad, intersecting waterway, or the end of a dead-end street.

Board: See "Board of Zoning Appeals."

Board of Zoning Appeals: The City of Kendallville Board of Zoning Appeals or any division thereof.

Boarding House: A structure, not available to transients, in which lodging and meals are regularly provided for compensation for at least three (3) but not more than ten (10) persons.

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

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

Buildable Lot: See "Lot, Improved."

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

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

Building Code: The Indiana Building Code which establishes and controls the standards for constructing all forms of permanent structures and related matters.

Building, Detached: See "Detached Structure."

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

Building Height: See "Structure Height."

Building Line: See "Building Setback Line".

Building, Multiple-tenant: A structure which contains more than one (1) tenant, of which the separate tenants may be beside each other, or located on floors above or below the ground floor use. A multiple tenant building can be applied to residential, commercial or industrial uses.

Building Setback Line: The line, established by this Code, which a building shall not extend beyond unless such line is varied according to the procedures set forth by this Code. Also, called a "building line", this may be applicable to the front, side and rear yard.

Building, Single-tenant: A structure which contains one (1) tenant, and utilizes all the available floor space within the structure for a single operation or purpose directly associated to the single tenant.

Business: The engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise, or services, or the maintenance or operation of office, recreational, or amusement enterprises.

BZA: See "Board of Zoning Appeals."

Cabaret: A nightclub, theater, or other establishment which is licensed to serve food and/or alcoholic beverages which feature live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on sexual conduct or specified anatomical areas.

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

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

Car Wash: A structure, or portion thereof, containing commercial facilities for washing automobiles, using automated or manually operated methods.

Cart Corral: A structure within a parking lot which is designed and designated for patrons to deliver shopping carts.

Canopy Tree: Deciduous trees that grow to at least forty (40) feet in height and have a canopy that is round or oval in shape. Conical or tubular shaped trees are not canopy trees.

Carport: A shelter for one (1) or more vehicles which is open on at least two (2) sides.

Cellular Communication Equipment: Antennas and other transmitting and/or receiving devices or other associated devices used in the provision of telecommunications service.

Cemetery: Property used for interring of the dead, inclusive of any crematory, mausoleum or mortuary operated in conjunction with and on the same property.

Certificate of Compliance: A certificate that is issued prior to the certificate of occupancy stating that the building, structure or use has been constructed and complies with the provisions of this Code, and all conditions of the Plan Commission or Board of Zoning Appeals.

Certificate of Occupancy: A certificate issued by the Director of Planning and Zoning, Building Inspector, or authorized designee stating that, at the time of issuance, the occupancy and use of a building or structure complies with the provisions of all applicable provisions of this Code and/or Building Code.

Child Care Home:An establishment providing non-overnight care, supervision, and protection of children in private residences which is ancillary to the primary use as residential. A residential structure in which at least six (6) children (not including the children for whom the provider is parent, stepparent, guardian, custodian, or other relative) at any time receive child care from a provider: (a) while unattended by a parent, legal guardian, or custodian; (b) for regular compensation; and (c) for more than four (4) 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 home and class II child care home as defined in IC 12-7-2-33.7 and IC 12-7-2-33.8.

Child Care Center: Any institution operated for the care of children, licensed pursuant to IC 12-3-2-3.1, et seq., and as defined by IC 12-3-2-3.

Child Care Institution:

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 Division of Family and Children. A child care institution does not include a juvenile detention facility.

Children's Home: See "Child Care Institution."

Church: See "Places of Worship."

City: City of Kendallville, Indiana.

City Official: A member of the Common Council, Board of Public Works and Safety, Plan Commission, Plan Commission staff, Board of Zoning Appeals, or an employee of the City.

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

Club House: A structure used in association with a golf course, in which may be locker rooms, golf course administration offices, golf cart storage and maintenance, rest rooms, lounges, meeting space, snack bar, banquet facilities, and retail sales of golf related products. Retail sales shall constitute no more than 25% of the space accessible to the public of the club house.

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

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

Commercial Districts: Refers to the C-1A, C-1B, C-1C, C-2A and C-3 Districts.

Commercial Wireless Communications Service: A licensed commercial wireless telecommunications service, including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar devices that are marketed to the general public.

Commission: See "Plan Commission."

Community Center: A structure available to the public for community activities, meetings, banquets, projects, gatherings, and the like. A community center may be able to be reserved by the public for private parties and events.

Comprehensive Plan: Refers to the Kendallville Comprehensive Plan. The plan includes goals, objectives, and implementation measures for land use, growth management, transportation, public services, the environment, image and identity, economic development, parks and recreation, and interjurisdictional cooperation. The Comprehensive Plan was developed and adopted by the Plan Commission pursuant to the IC 36-7-4-500 Series and includes any part and/or policies separately adopted and any amendment to the plan and/or the policies.

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

Condition of Approval: Stipulations or provisions set forth by the Board of Zoning Appeals or Plan Commission required as a prerequisite for approval of a petition.

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

Confined Feeding: 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.

Confined Feeding Operation (large): Any livestock operation engaged in the confined feeding of at least 1,000 cattle, or 1,000 swine, or 10,000 sheep, or 30,000 hens or ducks. All thresholds are defined by the Indiana Department of Environmental Management (IDEM).

Confined Feeding Operation (medium): Any livestock operation engaged in the confined feeding of between 300-999 cattle, or 750-999 swine, or 3,000-9,999 sheep, or 9,000-29,999 hens, or 10,000-29,999 ducks. All thresholds are defined by the Indiana Department of Environmental Management (IDEM).

Confined Feeding Operation (small): Any livestock operation engaged in the confined feeding of less than 300 cattle, or 750 swine, or 3,000 sheep, or 9,000 hens or 10,000 ducks. All thresholds are defined by the Indiana Department of Environmental Management (IDEM).

Construction Plan(s): The maps or drawings showing the specific location and design of improvements to be installed in accordance with the requirements of this Code and the Indiana Building Code as a condition of approval.

Contiguous Property: A parcel which adjoins another parcel which may be combined to create a single building site. A contiguous parcel may contain an accessory building to a principle structure however two (2) principle structures are prohibited.

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

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

Corner Lot: See "Lot, Corner."

County: Noble County, Indiana.

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

Crematory, animal: A facility containing equipment for the process of cremating animal remains. A crematory shall be completely enclosed in a structure. Combination animal/human crematory prohibited.

Crematory, human: A facility containing equipment for the process of cremating a human body. A crematory shall be completely enclosed in a structure. Combination animal/human crematory prohibited.

Cul-De-Sac: A street having one (1) end open to traffic and being permanently terminated by a vehicular turnaround at the other end designed in accordance with the Municipal Standards of the City of Kendallville.

Day Care Center: See "Child Care Center."

Deck: An accessory structure which is on the ground or is elevated from ground level and is open to the sky.

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

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

Demolition: The complete removal or destruction of any structure including its foundation.

Design Services Office: See "Office, Design Services."

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

Detached Building: See "Detached Structure."

Detached Structure: A structure that has no structural connection with the primary structure or any other building or structure and placed not closer than six (6) feet to the principle structure.

Developed Lot: See "Lot, Developed."

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

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

1.

Construction, reconstruction, or placement of a structure or any addition to a structure;

2.

Installing a manufactured home on a site, preparing a site for a manufactured home or installing recreational vehicle on a site for more than 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.

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

Development Standards: Height, bulk, density, environmental performance standards, and other standards for development as set forth in this Code, including landscaping, parking, and other required improvements, excluding those provisions which specifically regulate the use, per se, of property.

Development Standards Variance: See "Variance, Development Standards."

District or Zone: An area within which there are uniform regulations governing the use, height, area, size and intensity of use of buildings and land and open spaces about buildings.

District: Areas within the City of Kendallville and its jurisdictional area for which uniform zoning regulations governing use, height, area, size, intensity of use of structures and land, and open spaces about structures, are established by this Code. Districts are drawn on the Official Zoning Map.

DNR: Indiana Department of Natural Resources.

Domestic Pets: Animals commonly used as household pets, protection, companions, and for assistance to 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, lizards, spiders, guinea pigs, hamsters, gerbils, rats, mice, rabbits, aquarium fish, ferrets, and snakes if cared for in the manner described above.

Dormitory: A building arranged and used for the housing of individuals, with common toilet and bath facilities and not having individual cooking facilities.

Drive, Private: See "Street, Private."

Drive-Through Establishment: A place of business, being operated for the sale and purchase at retail of food and other goods, services, or entertainment, which is laid out and equipped so as to allow its patrons to be served or accommodated while remaining in their automobiles.

Driveway: Any facility or structure used to convey vehicles to public streets.

Duplex: A duplex house is a dwelling having living units with separate entrances for two families. This includes two-story houses having a complete apartment on each floor and also side-by-side apartments on a single lot that share a common wall or floor/ceiling separation.

Dwelling: A structure or portion thereof, conforming to all requirements applicable to the district in which it is located, all Building Codes, and that is used exclusively for residential occupancy, including single-family dwelling units, two-family dwelling units, and multiple-family dwelling units, but excluding hotels, motels, and boarding houses.

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

1.

Was constructed after January 1, 1981, and exceeds 950 square feet of occupiable space per IC 36-7-4(d);

2.

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

3.

Has wheels, axles, and towing chassis removed;

4.

Has a pitched roof with a minimum rise of 2:12; and

5.

Consists of two (2) or more sections which, when joined, have a minimum dimension of twenty-three (23) feet in width for at least sixty percent (60%) of its length.

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

1.

Prior to June 15, 1976 and bears a seal attached under Indiana Public Law 135, 1971, certifying that it was built in compliance with the standards established by the Indiana Administrative Building Council; or

2.

Subsequent to or on June 15, 1976 and bears a seal, certifying that it was built in compliance with the Federal Mobile Home Construction & Safety Standards.

Dwelling, Multiple-family: A residential structure designed to be occupied by three (3) or more families, with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling, Single-family: See "Dwelling, Single-family Detached."

Dwelling, Single-family Attached: An attached residential dwelling unit designed to be occupied by two (2) families, with the number of families in residence not exceeding the number of dwelling units provided.

Dwelling, Single-family Detached: A detached residential dwelling unit designed to be occupied by one (1) family.

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

Dwelling Size: The overall square footage of a dwelling unit. The dwelling size does not include a garage, carport, deck, unfinished storage, patio or open porch.

Dwelling, Two-Family: See "Dwelling, Single-family Attached."

Dwelling Unit: A single unit for owner occupancy or for rent/lease, physically separated from any other dwelling units which may be in the same structure, and providing complete and independent living facilities for one or more persons, including permanent provisions for living, sleeping, cooking, and sanitation. Examples of a dwelling unit include a single-family dwelling, multiple-family dwelling, mobile home dwelling, manufactured home dwelling, and farmstead.

Easement: A grant by a property owner ("grantor") to specific persons, the general public, corporations, utilities, or others ("grantee" or "easement holder") for the purpose of providing services or access to the property.

EPA: United States Environmental Protection Agency.

Erosion: The wearing away of the land surface by water, wind, ice, gravity, or other geological agents.

Established Building Setback Line: The average setback distance of all structures on the side of a street between two intersecting streets when the setbacks are less than that required by this code. Such line shall be redetermined as each successive vacant lot is proposed to be improved with a structure.

Establishment Plan: A conceptual site plan accompanying a Planned Unit Development District Ordinance showing land uses, basic vehicular and pedestrian traffic plans, drainage, buffer yards, etc.

Eyebrow: A semi-circular extension of a curb on one (1) side of a street designed to provide more street frontage for a small number of lots.

FAA: Federal Aviation Administration.

Fair Housing Facility (large):To prevent the discrimination of mentally or physically disabled persons, these facilities have been identified as types of housing that are permitted in certain districts, but still must meet "nondiscriminatory" health, fire, safety, and building regulations. These facilities include:

1.

Group homes for children in need of service under IC 31-34-1 or children who have committed a delinquent act under IC 31-37-2-2, IC 31-37-2-3, or IC 31-37-2-5; and specifically a facility that houses more than ten (10) children.

2.

Residential Facility for the Developmentally Disabled which provides residential services for more than eight (8) developmentally disabled individuals as described in IC 12-28-4.

Fair Housing Facility (small): To prevent the discrimination of mentally or physically disabled persons, these facilities have been identified as types of housing that are permitted in any single-family or multiple-family residential zoning district, but still must meet "nondiscriminatory" health, fire, safety, and building regulations.

These facilities include:

1.

Group homes for children in need of service under IC 31-34-1 or children who have committed a delinquent act under IC 31-37-2-2, IC 31-37-2-3, or IC 31-37-2-5; and specifically a facility that houses not more than ten (10) children.

2.

Residential Facility for the Developmentally Disabled which provides residential services for eight (8) developmentally disabled individuals or less as described in IC 12-28-4.

3.

Residential Facility for the Mentally Ill which provides residential services for mentally ill individuals as described in I.C. 12-28-4. No two (2) Residential Facilities for the Mentally Ill shall be within 3,000 feet of one another in the planning jurisdiction as stated in Indiana Code.

Family: An individual; or two (2) or more persons related by blood, marriage, or adoption; or a group of not more than five (5) persons, not related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit. This shall not include any society, club, fraternity, sorority, association, lodge or any similar groups.

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

Farmer's Market: a market, usually held outdoors, where farmers sell fresh produce and products direct to the public

Farmstead: A single-family dwelling unit that is located on and used in connection with a farm.

FCC: United States Federal Communications Commission.

FEMA: United States Federal Emergency Management Agency.

Fence: A structure, with a height greater than two and one-half (2 ½) feet at any point, including entrance and exit gates, designed and constructed as a dividing marker, barrier enclosure, screening or decoration.

Financial Services Office: See "Office, Financial Services."

Finished Floor Area: See "Floor Area, Finished."

Fixture, Cutoff:A luminaire that:

1.

Projects at least ninety percent (90%) of the total lamp lumens below eighty degrees (80°) from vertical;

2.

Does not allow more than ten percent (10%) of the total lamp lumens above eighty degrees (80°) from vertical; and

3.

Does not allow more than two and one-half percent (2.5%) of the total lamp lumens above ninety (90°) from vertical.

Fixture, Full-cutoff:A luminaire that:

1.

Projects at least ninety percent (90%) of the total lamp lumens below eighty degrees (80°) from vertical;

2.

Does not allow more than ten percent (10%) of the total lamp lumens above eighty degrees (80°) from vertical; and

3.

Does not allow any lamp lumens above ninety degrees (90°) from vertical.

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

Fixture, Semi-cutoff:A luminaire that:

1.

Projects at least eighty percent (80%) of the total lamp lumens below eighty degrees (80°) from vertical;

2.

Does not allow more than twenty percent (20%) of the total lamp lumens above eighty degrees (80°) from vertical; and

3.

Does not allow more than five percent (5%)of the total lamp lumens above ninety degrees (90°) from vertical.

Flood, Regulatory: A flood having a peak discharge which can be equaled or exceeded on the average of once in a one-hundred year (100) period, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resources Commission. Further, this flood is equivalent to a flood having a one percent (1%) probability of occurrence in any given year.

Floodway, Regulatory: 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 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.

Floor Area: The sum of all horizontal surface areas of all floors of all roofed portions of a structure enclosed by and within the surrounding exterior walls or roofs, or to the center line(s) of party walls separating such structures or portions thereof. Floor area of a structure shall exclude exterior open balconies and open porches.

Floor Area, Finished: 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.

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

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

Foundation: The supporting member of a wall or structure.

Fowl: A gallinaceous bird kept chiefly for its eggs and flesh.

Front Line: With respect to a structure, the foundation line that is nearest the front lot line.

Front Lot Line: See "Lot Line, Front."

Front Yard: See "Yard, Front."

Frontage: See "Lot Frontage."

Frontage Street: See "Street, Frontage."

Garage, Private: An accessory building to the principle building for the purpose of off-street parking of private motor vehicles and private storage.

Garage, Public: Any building or structure other than a private garage that is used for the storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other motor vehicles.

General Services Office: See "Office, General Services."

Geographic Information System (GIS): A computer system that stores and links non-graphic attributes or geographically referenced data with graphic map features to allow a wide range of information processing and display operations, as well as map production, analysis, and modeling.

Gift Shop: A retail store offering a variety of small gift items, as opposed to stores offering primarily specific lines of merchandise such as toys, clothing, or sporting goods.

GIS: See "Geographic Information System (GIS)."

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

Grade, Finished: The average elevation of the finished surface of the ground within ten (10) feet of the structure after final grading.

Grantee: A person to whom an interest in property is granted.

Greenhouse—Commercial: Business of growing and maintaining household flowers, plants and small shrubs for retail and/or wholesale purposes. This may include the outside display and sales of plants, shrubs and related gardening products.

Greenhouse—Private: A structure located on a property used for the private growth of flowers, plants and small shrubs that does not offer for sale any product. The maximum size of a private greenhouse shall not exceed seven-hundred and twenty (720) square feet or maximum of ten (10) percent lot coverage.

Greenspace: Areas reserved for grass and landscaping which shall not be used for storage or parking or other commercial or industrial uses.

Gross Floor Area: The sum of all horizontal floor area of all floors within a structure.

Ground Floor Area: See "Floor Area, Main."

Group Home:A facility that houses not more than ten (10) children that are either:

1.

In need of service under IC 31-34-1; or

2.

Children who have committed a delinquent act under IC 31-37-2-2, IC 31-37-2-3, or IC 31-37-2-5.

Group homes are not subject to covenants, deeds, or other instruments pertaining to the transfer, sale, lease, or use of property that would permit the residential use of property but prohibit the use of that property as a group home as a matter of State public policy reasons. Group homes cannot be prohibited on the grounds that they are a business, the persons living in a group home are not related, or any other reason. All group homes must abide by IC 12-17.4-5 and shall be a licensed facility with the State, meeting fire codes, building codes, and specific group home regulations.

Habitable Space: Any space in a structure suitable for living, sleeping, eating or cooking purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, hallways, laundries, storage spaces, utility rooms and similar spaces.

Hardship:A difficulty with regard to one's ability to improve land stemming from the application of the development standards of this Code, 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 Code; any result of land division requiring variance from the development standards of this Code in order to render that site buildable.

Height: See "Structure Height."

Hobby Farming:The use of land for purposes, including: dairying, pasturage, apiculture, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry. Processing and storage of harvested produce or other end products shall not be allowed on site. The hobby farming use(s) shall not exceed forty percent (40%) of the land area of the lot and shall abide by all setback regulations. Hobby farming cannot be the primary income source for the owner, operator or household on site. Hobby farming shall not include feed lots, stock yards, or the commercial feeding of garbage or offal to swine or other animals.

Holiday Decorations: Decorative items which represent a holiday but do not advertise a particular company or product.

Home Occupation, major: A gainful occupation or profession conducted entirely within a dwelling, or an accessory building, located on the same lot, parcel, or tract of land as the dwelling, and carried on by the occupant or an occupant's family residing at the dwelling and by no more than two (2) employees, associates or partners who are not members of the family, which use is clearly incidental and secondary to the use of the dwelling.

Home Occupation, simple: A gainful occupation or profession conducted entirely within a dwelling and carried on only by an occupant or an occupant's family residing in that dwelling, which is clearly incidental and secondary to the use of the dwelling and does not change the character thereof provided further that no article or service is sold or offered for sale on the premise except as such as is produced by such occupation. Medical offices and clinics, hospitals, barber shops, beauty parlors, tourist homes, kennels, and millinery shops, and similar uses shall not be deemed as a home occupation.

Hospital: An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, medical offices, and staff residences.

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

IAC: Indiana Administrative Code.

IC: Indiana Code.

IDEM: Indiana Department of Environmental Management.

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

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

Impervious Surface Coverage: The area of a lot occupied by the primary structure, any accessory structures, and impervious surface.

Improved Lot: See "Lot, Improved."

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

Improvement Location Permit: A permit issued under this Code prior to receiving a Building Permit, permitting a person, firm, or corporation to erect, construct, enlarge, alter, repair, move, occupy, use, improve, remove, convert, or demolish any structure within its jurisdiction, or permitting a person to change the condition of the land.

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

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

INDOT: Indiana Department of Transportation.

Industry, Light: See "Manufacturing, Light."

Industry, Heavy: See "Manufacturing, Heavy."

Industrial District: Refers to the I1 and I2 districts.

Initial User: The applicant, person, organization, or corporation that originally applies to the City for approval for the installation of an antenna or other radio or cellular communication equipment or for approval for the construction of a telecommunication tower or facility.

Interior Lot: See "Lot, Interior."

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

Junk Yard: A place, usually outdoors, where waste or discarded used property, including but not limited to automobiles, farm implements and trucks, is accumulated and is or may be salvaged for reuse or resale.

Jurisdiction: See "Planning Jurisdiction."

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

Kennel (Commercial): A place primarily for keeping more than four (4) adult dogs or other small animals that are ordinarily bred for sale as pets, including temporary care facilities for animals for compensation.

Kennel (Private): A place for keeping up to four (4) adult dogs or other small animals for personal use and enjoyment which is subordinate to the primary use.

Lake, Artificial: A man-made body of water fed by a watercourse.

Landing Field, Private: A landing field used solely for the convenience of the owner or lessee of the property, utilizing a sod landing strip, having hangar facilities for not more than two (2) aircraft, with no commercial sales or service establishments located on the property.

Landscape Areas:Areas on a lot or abutting right-of-way that are identified for application of landscaping regulations. Landscape areas include:street tree planting areas, parking lot planting areas, foundation planting areas, buffer yard areas, and perimeter planting areas. The image below conceptually demonstrates the general location of each landscape area. Landscape Buffer: A continuous landscaped area designed, maintained and used for screening and separation of uses, lots, or structures.

Landscape Material: Trees, shrubs, plants, decorative fences, retaining walls, walls, earthen mounds, irrigation systems, flower beds, decorative rocks, edging, mulch, stakes, and the like. Artificial trees, shrubs, ground cover, and flowers are not considered landscape material.

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

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

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

Legal Nonconforming Sign: Any sign lawfully existing on the effective date of this Code, or amendment thereto, that does not conform to all the standards and regulations of this Code.

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

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

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

Light Truck: Light truck or light duty truck is a classification for trucks or truck-based vehicles with a payload capacity of less than 4,000 pounds (1,815kg).

Loading Space: An off-street space for temporary parking of delivery and pickup vehicles.

Local Street: See "Street, Local."

Lot:A piece, parcel, or tract of land designated by its owner or developer to be used, developed, or built upon as a unit under single or multiple ownership or control. There are generally three (3) types of lots identified in this Code: interior lots, corner lots, and through lots.

Lot Area: The area of a horizontal plane bounded by the front, side, and rear lot lines, excepting any easement or right-of-way for public streets.

Lot, Buildable: See "Lot, Improved."

Lot, Corner: A lot situated at the intersection of two (2) streets or which fronts a street on two (2) or more sides forming an interior angle of less than one hundred thirty-five degrees (135°).

Figure D

Lot Coverage: The area of a lot occupied by the primary structure, any accessory structures, and impervious surface.

Lot Depth: The horizontal distance between the front and rear lot lines. (See Graphics for "Lot Area")

Lot, Developed: A lot with structures situated thereon.

Lot Frontage: The length of the front lot line bordering upon a public right-of-way. The lot frontage is determined by measuring the total distance in which the front lot line touches an improved public right-of-way having a minimum width of thirty (30) feet. Lot frontage requirement for a cul-de-sac lot is seventy (70%) percent the distance required for standard lots.

Lot, Improved: A lot upon which a structure may be constructed and occupied as a result of the fact that it has frontage on and access to an improved street, meets minimum setback requirements, and has all necessary utilities available to the lot such as sewer, water, electricity, etc.

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

Figure E

Lot Line, Front (corner lot): The line marking the boundary between the lot and each of the abutting streets.

Lot Line, Front (interior or through lot): The line marking the boundary between the lot and the abutting street, right-of-way or a lake or watercourse

Lot Line, Rear: The lot line that is opposite the front lot line and farthest from it, except that for a triangular or other irregularly-shaped lot, the line ten feet (10') long, parallel to the front lot line, and wholly within the lot, that is farthest from the lot line. (See Graphic for "Lot Line, Front")

Lot Line, Side: A lot boundary line other than a front or rear lot line. (See Graphic for "Lot Line, Front")

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

Lot, Through: A lot fronting on two (2) parallel or approximately parallel streets, or abutting two (2) streets which do not intersect at the boundaries of the lot.

Figure F

Lot Width: The distance between the side lot lines as measured on the front setback line. Cul-de-sac lot shall have at least seventy (70%) per cent of the lot width prescribed for the district in which the lot is located abutting the street or public right-of-way and required lot width at the building line.

Luces: The plural of Lux.

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

Lux: Unit of illuminance in the International System of Units (SI) equal to one lumen per square meter

Main Floor Area: see "Floor Area, Main."

Maneuvering Aisle: A maneuvering space which services two or more parking spaces, such as the area between two rows of parking spaces and/or the driveway leading to those spaces.

Maneuvering Space:An open space in a parking area which:

1.

Is immediately adjacent to a parking space;

2.

Is used for and/or is necessary for turning, backing, or driving forward a motor vehicle into such parking space; but

3.

Is not used for the parking of or storage of motor vehicles.

Manufactured Home Park: A parcel of land containing two (2) or more dwelling sites, with required improvements and utilities, that are leased for the long-term placement of Mobile Home Dwellings and/or Manufactured Home Dwellings, and shall include any street used or intended for use as part of the facilities of such Manufactured Home Park. A Manufactured Home Park does not involve the sales of Mobile Home Dwellings or Manufactured Home Dwellings in which unoccupied units are parked for inspection or sale.

Manufactured Home, Type I:Manufactured Home, type I. A structure, fabricated by an off-site manufacturing facility for installation or assembly at a building site, which is designed for use as a dwelling, either by itself or in conjunction with other similar units. Typically, a modular home would fall under this definition. To be considered a Type I manufactured home, the structure must:

1.

Be constructed in conformance with the Indiana Residential Code; and

2.

Consist of two (2) or more sections; and

3.

Be placed on a continuous permanent underfloor foundation which is not pierced, except for required ventilation and access; and

4.

Have siding and roofing materials of a type customarily used on dwellings constructed on-site; and

5.

Not be constructed with an integral chassis or permanent hitch, or axles, or other device allowing transportation; and

6.

Be designed to be transported by either trailer or other similar carrier which is not designed to be permanently attached to the dwelling or remain with it after the structure is placed on its foundation.

Manufactured Home, Type II:Manufactured Home, Type II. A structure, fabricated by an off-site manufacturing facility for installation or assembly at a building site, bearing a seal certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standards Act (42 USC Section 5402, et. seq.) or I.C. 22-15-4-1 (as opposed to a Type I manufactured home which is built in conformance with the Indiana Residential Code). To be considered a type II manufactured home, the structure must:

1.

Contain at least nine hundred fifty (950) square feet of occupiable space per dwelling; and

2.

Be a double or multiple section unit; and

3.

Be placed on a permanent under floor foundation installed in accordance with the Indiana Residential Code and according to the manufacturers installation instructions; and

4.

Be placed onto a permanent perimeter enclosure in conformance with the Indiana Residential Code; and

5.

Have the wheels, axles, and hitch mechanisms removed; and

6.

Have siding and roofing material of a type customarily used on dwellings constructed on-site; and

7.

Be connected to all utilities necessary for occupancy of the unit, in conformance with the Indiana residential Code; and

8.

Have been constructed after January 1, 1981

Manufactured Home, Type III:Manufactured Home, Type III. A structure, fabricated by an off-site manufacturing facility, which is transportable in one (1) or more sections and designed as a single family dwelling. A single unit manufactured home and a mobile home would meet this definition. To be considered a Type III manufactured home, the structure must:

1.

Be properly connected to all utilities necessary for the occupancy of the unit; and

2.

Be set on piers and properly skirted, with wheels and axles removed, in a manufactured/mobile home park.

Manufacturing, Heavy: The assembly, fabrication, or processing of goods and materials using processes that ordinarily have greater than minimal impacts on the environment, or that otherwise do not constitute light manufacturing, and which may include open uses and outdoor storage. Heavy manufacturing generally includes processing and fabrication of products made from extracted or raw materials. Heavy manufacturing shall not include any use that is otherwise listed specifically in any zoning district as a permitted use or special exception.

Manufacturing, Light: The assembly, fabrication or processing of goods and materials using processes that ordinarily do not create noise, smoke, fume, odors, glare, or health or safety hazards outside of the structure or lot where such assembly, fabrication, or processing of goods are housed entirely within an enclosed building. Light manufacturing generally includes processing and fabrication of finished products predominantly from previously prepared materials. Light manufacturing shall not include any use that is otherwise listed specifically in any zoning district as a permitted use or special exception.

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

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

Master Plan: See "Comprehensive Plan."

Maximum Lot Coverage: The highest amount of impervious surface coverage permitted by this Code.

Medical Office: See "Office, Medical."

Mineral Extraction: The removal and sale of soil, sand, gravel or fill material to be used at sites other than the place from which it is removed. Includes gravel/sand mining operations.

Mini Warehouse: See "Warehouse Storage Facility."

Mobile Home: See "Dwelling, Mobile Home."

Mobile Home Park: See "Manufactured Home Park."

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

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

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

Motor Home: See "Recreational Vehicle."

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

Mound: A landscape feature used for screening in which earth is piled up in irregular, round or oblong shapes. Particularly, mounds do not have consistent crest elevations, but are irregular in form and overlapping such to emulate a more natural landscape feature. Mounds in combination with other landscape material are used to block or partially block visibility from one (1) side to the other.

Multiple-family District: Refers to the R3 and AR districts.

Mural: See "Sign, Mural."

New Construction: The construction of a structure at a location where a structure was not previously located. New construction shall also mean any structure that has been removed from the foundation to more than fifty (50%) percent of the total length of the perimeter walls of any existing structure.

Nightclub: An establishment primarily offering a floor show, dancing, or other entertainment, which may NOT be of an adult nature, and which occurs exclusively within an enclosed structure, where minors are not allowed on the premises, and where food and drink may be provided for on-site consumption.

Noise Sensitive Use: The use of a structure for a purpose that would be adversely impacted by noise associated with nearby aircraft operations including aircraft overflights. Noise Sensitive Uses include but are not limited to residences, schools, churches, child care facilities, medical facilities, retirement homes, and nursing homes.

Nonconforming Building: See "Nonconforming Structure."

Nonconforming Lot of Record: A lot which was created such that it does not conform to the regulations of the district in which it is located. A dwelling structure may not be located on any lot having a width of less than fifty (50) feet at the building line.

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

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

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

Nursing Home: A private home for the care of the aged or infirm, or any other person in need of nursing care; and which does not contain equipment for surgical care or for treatment of disease or injury, and is not primarily designed for patients being treated for mental illness or alcohol or drug addiction.

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

Octave Band: A narrow range of sound frequencies which classify sound according to pitch. In the octave band analyzer the audible sound spectrum is divided into eight (8) octave bands.

Office: A place in which business, professional and/or clerical activities are conducted. Offices shall include medical offices, government offices, and office functions which serve other off-site land uses.

Office, Construction Trade: Electrical contractor, general contractor, heating and cooling contractor, landscaping contractor, plumbing contractor office, and the like.

Office, Design Services: Architecture firm, engineering firm, graphic design firm, planning firm, and the like.

Office, Financial Services: Accounting office, bank or credit union, investment firm, and the like.

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

Office, Medical: Emergency medical clinic, dental clinic, medical clinic, optical clinic, rehabilitation clinic, veterinarian clinic/hospital, and the like.

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

Official Zoning Map: A map of the City of Kendallville, Indiana that legally denotes the boundaries of zoning districts as they apply to the properties within the planning jurisdiction. There is only one Official Zoning Map, and it is kept up to date by the Plan Commission and the Zoning Administrator.

Official Zoning Map Copies: A map of the City of Kendallville, Indiana that legally denotes the boundaries of zoning districts as they apply to the properties within the planning jurisdiction. These maps may be out of date.

Off-Site Improvement: See "Improvement, Off-Site."

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

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

OSHA: Occupational Safety and Health Administration.

Outdoor Storage: See "Storage, Outdoor."

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

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

Parcel: See "Lot."

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

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

Parking, Required: The minimum number of off-street parking spaces specified for a particular use or uses by this Code.

Parking Space, Automobile: Space within a public or private parking area for the storage of one (1) passenger automobile or commercial vehicle under a one and one-half (1.5) ton capacity and being not less than nine (9) feet wide and twenty (20) feet long or ten (10) feet wide and eighteen (18) feet long exclusive of passageways.

Parking Space, Off-street: A space providing the dimension required for a parking space and not located within a public way.

Parking Structure: A building for short-term storage of motor vehicles, having two or more tiers or levels and at least two open sides, and with the top tier either roofed or not.

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

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

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

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

Permitted Use: See "Use, Permitted."

Person: A corporation, firm, partnership, association, organization, unit of government, or any other group that acts as a unit, as well as a natural person.

Personal Service: An establishment, other than an office, in which services other than health care are rendered to consumers on an individual basis, such as barber shops and beauty parlors.

Places of Worship: Structures and outdoor or indoor facilities used for public worship and accessory educational, cultural, and social activities.

Personal Body Services:An establishment primarily engaged in providing services involving the care of a person. Personal body services usually include the following: beauty salons, barbershops, health salons, massage therapy, nail salons, reducing salons, steam baths, and the like.

Personal Care Services:An establishment primarily engaged in providing services involving the care of personal goods or apparel. Personal care services usually include the following: clothing rental, diaper service, laundry (including cleaning and pressing service), shoe repair, tailor, and the like.

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

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

Plan Commission: A plan commission serving a single local government jurisdiction established as defined under the Indiana Code, 36-7-1-2 (1983) as amended. The Kendallville Plan Commission is an Advisory Plan Commission.

Planned Unit Development (PUD): A large-scale unified development meeting the requirements for zoning approval under the provisions of Article IX of this Code. Generally, a planned unit development consists of a parcel or parcels of land, controlled by a single landowner, to be developed as a single entity which does not correspond in size of lots, bulk or type of structures, density, lot coverage, and required open space to the regulations established in any district of this Code. This may result in more attractive and affordable development than conventional developments would allow. Clustered housing (dwellings built in innovative lot arrangements around common open space) and zero lot line housing (dwellings built immediately adjacent to lot lines) are possible as part of planned unit developments. A planned unit development requires approval through a zoning map amendment.

Planning Director: See "Zoning Administrator."

Planning Jurisdiction: The City of Kendallville, Indiana corporate limits and the contiguous unincorporated extraterritorial jurisdictional area over which the City exercises planning and zoning authority.

Planning Staff: The Zoning Administrator and all employees of the Plan Commission of the City under the supervision of the Zoning Administrator and subject to the authority of the Zoning Administrator.

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

Plat, Primary: The primary plat, pursuant to the IC 36-7-4-700 Series, is the plat and plans upon which the approval of a proposed subdivision are based. The primary plat and plans shall be subject to public notice and public hearing according to law and according to Plan Commission rules. (Under former state statutes, the primary plat was referred to as a "preliminary" plat.)

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

Pool, Swimming: See "Swimming Pool."

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

Power Generation Facility: A facility used to generate electrical power such as a wind power facility or solar power facility.

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

Primary Arterial: See "Street, Primary Arterial."

Primary Plat: See "Plat, Primary."

Primary Structure: The structure in which the use of the lot or premises is located or conducted, with respect to residential uses, the primary structure shall be the main dwelling.

Primary Use: See "Use, Primary."

Principal Use: See "Use, Primary."

Private Street: See "Street, Private."

Professional Office: See "Office, Professional."

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

Prohibited Use: A use that is not permitted under any circumstances.

Projection: A structure which projects out from the main wall of a building and which is an architectural feature not connected to the structural support and make-up of the building, i.e. a canopy or a balcony is an architectural feature, a bay window or chimney is a part of a supporting wall.

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

Public Place: Any area on public or private property that is easily accessible and clearly visible to the general public. If located on private property, the area must be open to the general public and clearly visible from adjacent public property such as a street or other public thoroughfare or sidewalk.

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

Public Street: See "Street, Public."

Public Utility: See "Utility, Public."

Public Way: Highways, streets, avenues, boulevards, roads, lanes, or alleys.

PUD: A planned unit development.

Radio/TV Station: The broadcast structure for the production of radio and television programming, not to include any telecommunication towers.

Raising of Farm Animals: Any livestock operation that falls below the thresholds of a Confined Feeding Operation as defined by the Indiana Department of Environmental Management.

Rear Lot Line: See "Lot Line, Rear."

Rear Yard: See "Yard, Rear."

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

Recreation Center/Play Center: An enclosed structure containing recreational facilities, such as a tennis court, swimming pool, and/or gymnasium. This shall not include outdoor amphitheaters, tennis courts, or swimming pools.

Recreational Land: Land designated within a development for the use of all occupants or residents for leisure or recreation. Such area shall include grass areas, stone areas and similar areas. Recreational land shall not include public or private sidewalks, parking spaces or parking lots, dumpster pads, detention or retention ponds, or spaces specifically designed to serve a single tenant, i.e. patio spaces.

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

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

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

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

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

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

Residential District: Refers to the R-1, R-2, R-3, AR and RS districts.

Residential Facility for the Developmentally Disabled (large): A residential facility which provides residential services for more than eight (8) developmentally disabled individuals as described in IC 12-28-4.

Residential Facility for the Developmentally Disabled (small): A residential facility which provides residential services for eight (8) developmentally disabled individuals or less as described in IC 12-28-4.

Residential Facility for the Mentally Ill: A residential facility which provides residential services for mentally ill individuals as described in IC 12-28-4. No two (2) Residential Facilities for the Mentally Ill shall be within 3,000 feet of one another in the planning jurisdiction as stated in Indiana Code.

Responsible Party:For purposes of issuing notice of violation, the following persons shall be considered responsible parties, with liability for fines and responsibility for remedy of the violation: the property owner(s); persons with any possessory interest in the property, and/or any persons and/or their agents who have caused the violation. Any owner, tenant, builder, developer, possessor of interest, architect, designer, property manager, equipment operator known or suspected to be responsible in part or in whole for a violation of this Code.

Restaurant: An establishment whose use is the selling of food in a ready-to-consume state, in individual servings, in which the customer consumes these foods while seated at tables or counters located in or immediately adjacent to the building in which the use is located, and which may include carry-out service. "Restaurant" shall include that portion of any establishment which sells prepared food, such as a bakery or a delicatessen, and which is used for seating for the consumption of food on the premises. (See also "Drive- Through Establishment.")

Restaurant, Deli-style and Ice Cream Shop/Parlor: Restaurant where food is prepared after ordering, the meal is paid for prior to consumption, customers order from a menu board or inside, are served their food at a counter, or in a motor vehicle, the food is packaged and prepared to leave the premises or may be taken to a table or counter to be consumed. (e.g. Subway, Quizno's, Penn Station, etc.)

Restaurant, Family: A restaurant that offers full-service eating establishment with typical turnover rates of one (1) hour or less. Family restaurants generally they serve lunch and dinner, some serve breakfast, and some may be open twenty-four (24) hours. Family restaurants do not usually require reservations; patrons are served by a waiter/waitress, order from menus, and pay for their meal after they eat. Some may offer call-ahead order and pick-up convenience.

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

Restaurant, Fine Dining: A full-service eating establishment with typical turnover rates of at least one (1) hour or longer. Fine dining restaurants generally do not serve breakfast, some may serve lunch, all serve dinner. Fine dining restaurants usually require reservations; patrons commonly wait to be seated, are served by a waiter/waitress, order from menus and pay for their meal after they eat.

Restaurant, Takeout: A restaurant where food and/or beverages are sold in a form ready for consumption off the premises and that may have drive-through facilities so that patrons may be served while remaining in their automobiles (e.g. Domino's Pizza, Papa Murphy's Pizza, Papa John's Pizza, etc.). Takeout restaurants are considered a form of general retail establishment.

Resubdivision/Replat: A change in a recorded subdivision plat if such change affects any street layout or area reserved thereon for public use or any lot line or easement; or if it affects any map or plan legally recorded.

Retail, High Intensity:Retail businesses that have a high impact on neighboring properties, traffic generation, and public safety. Example businesses include: boat sales, building finishes store (large), building supply store (large), department store (large), furniture store (large), grocery/supermarket (large), home electronics/appliance store (large), office supplies (large), sporting goods (large), superstore, variety store (large), and vehicle sales.

Retail, Low Intensity:Retail businesses that have a low impact on neighboring properties, traffic generation, and public safety. Example businesses include: bakery, book store (small), convenience store (small), craft gallery (small), drug store (small), gift shop (medium), and meat market.

Retail, Medium Intensity:Retail businesses that have a moderate impact on neighboring properties, traffic generation, and public safety. Example businesses include: antique shop, apparel shop, art and craft supplies, auto part sales (new), auto part sales (used), book store (large), boutique, building finishes store (small), building supply store (small), computer sales, convenience store (large), craft gallery (large), department store (small), drug store (large), fabric shop, furniture store (small), garden shop, gift shop (large), golf/tennis pro shop, grocery/supermarket (small), home electronics/appliance store (small), liquor sales, music/media shop, musical instruments store, office supplies (small), pawn shop, pet store (small), plant/tree shop, shoe sales, sporting goods (small), and variety store (small).

Retail, Special Handling:Retail businesses that sell products that require special handling due to risks to public safety. Example businesses include: fireworks sales, gun sales, and hunting stores.

Retail, Very High Intensity:Retail businesses that have a very high impact on neighboring properties, traffic generation, and public safety. Example businesses include: construction vehicle sales, farm equipment sales, heavy equipment sales, manufactured home sales, and semi tractor-trailer sales.

Retail, Very Low Intensity:Retail businesses that have very little impact on neighboring properties, traffic generation, and public safety. Example businesses include: art gallery, flower shop, gift shop (small), jewelry store, and news dealer.

Retirement Community: An age-restricted development, which may include detached and attached dwelling units and apartments.

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

Road: See "Street."

Roadside Sales: Sale of produce grown on-site.

Root Protection Zone: Generally, eighteen (18) to twenty-four (24) inches deep and a distance from the trunk of a tree equal to one-half (0.5) its height or its drip line, whichever is greater.

ROW: See "Right-of-Way."

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

Satellite Dish/Antenna: An apparatus capable of receiving communications from a transmitter relay located in a planetary orbit or broadcasted signals from transmitting towers.

School, Elementary and secondary: 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.

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

Scrap Metal Yard: 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/or 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/or 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 or other vehicle graveyards.

Secondary Plat: See "Plat, Secondary."

Setback: The minimum horizontal distance between the building line and a lot line or right-of-way.

Figure F2

Setback, Average: The average setback distance of all structures on the side of a street between two intersecting streets when the setbacks are less than that required by this code. Such line shall be redetermined as each successive vacant lot is proposed to be improved with a structure.

Sexually Oriented Entertainment Business: An establishment which regularly offers live entertainment, lingerie or nude modeling, or presentation of motion pictures or publications by any photographic, electronic, digital, magnetic, or other media which are distinguished or characterized by their emphasis on matter depicting, describing, or relating "Specified Sexual Activities" or "Specific Anatomical Areas;" or and establishment which offers massage therapy or body work except when performed by a massage therapist licensed by the State of Indiana, certified by the National Certification Board for Therapeutic Massage and Bodywork or the American Massage Therapy Association, or under the direct supervision of a licensed physician; or, advertises or holds itself in any forum as "XXX," "adult," or "sex."

Sexually Oriented Materials: Materials including still or motion pictures, books, magazines, other periodicals, or other depiction recorded on paper, electronic, digital, video, magnetic or other media, which are distinguished or characterized by their emphasis on matter depicting, describing or relating Specified Sexual Activities" or "Specific Anatomical Areas;" or, instruments, devices, or paraphernalia either designed as a representation of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.

Sexually Oriented Retail Business: An establishment which advertises or holds itself in any forum as "XXX", "adult" or "sex", or which has stock in trade or floor area devoted to the sale, rental, or display of sexually oriented materials.

Sexually Oriented Retail Business, Accessory: An establishment with at least ten percent (10%) but less than forty percent (40%) of its stock in trade or gross floor area devoted to the sale, rental, or display of sexually oriented materials.

SFHA: Special Flood Hazard Area.

Shopping center: A group of three (3) or more stores, offices, or shops selling merchandise or services and served by a common off-street automobile parking area, which is located on private property.

Side Lot Line: See "Lot Line, Side."

Side Yard: See "Yard, Side."

Sidepath: A seamless asphalt trail.

Sign: Any name, identification, description, display, or illustration which is affixed to, painted on, or is represented directly or indirectly upon a building, structure, or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization, or business. Religious symbols on places of worship or structures owned and operated by religious organizations are not considered a sign unless accompanied with text. Address numbers are not considered a sign.

Figure G

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

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

Sign, Advertising: Any notice or advertisement, pictorial or otherwise, and all such structures used as an outdoor display, regardless of size and shape, for the purposes of making anything known, the origin or place of sale of which may or may not be on the property with such advertising structures.

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

Figure H

Sign, Attention-getting device:Attention-getting device: Any pennant, commercial flag, valance, banner, propeller, spinner, streamer, searchlight, strobe light, or similar device or ornamentation designed for the purpose of attracting attention, promotion, or advertising which is placed within or projects into the right-of-way or projects direct illumination onto a right-of-way or adjacent property.

Sign, Awning or Canopy: A sign that is painted, stamped, perforated, stitched or otherwise applied on the surface of an awning. The awning sign area shall be calculated the same as other signs except internally or backlit awning signs shall be calculated as the entire awning surface which is allowing light to pass through that portion of the awning or canopy.

Sign, Changeable Copy: Any poster board, bulletin board, neon sign, screen, surface or wall, with characters, letters of illustrations affixed thereto or thereon, by any method or means whatsoever, that can be changed, rearranged, or altered without changing the face of the poster board, bulletin board, neon sign, screen, surface or wall.

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

Sign, Commercial: A sign identifying only the name and location of a particular business enterprise and located on the premises where the sign is displayed.

Sign, Construction: A sign directing attention to construction upon the property where the sign is displayed, and bearing the name, address, sublot number, or other identifier of the contractor, subcontractor, and/or architect.

Sign, Development: A sign which, by symbol or name, identifies a development. It may also provide an index of uses (tenants) included in the development.

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

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

Sign, Entryway Feature: SAME AS GATEWAY

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

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

Sign, Flashing, rotating:

Sign, Gateway: A sign or monument displayed at an entrance to a shopping center or grouping of multiple businesses indicating more than one (1) business on the sign or monument

Sign, Government: Any temporary or permanent sign erected and maintained by the Town, County, State or federal government for traffic direction or for designation of or direction to any school, hospital, historical site or public service, property or facility.

Sign, Ground: A sign in which the bottom edge of the sign is permanently affixed by one (1) or more uprights or braces to the ground. A monument sign is another name for a Ground Sign. (See Graphic for "Sign")

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

Sign, Identification: A sign whose copy is limited to the name of a building, institution or person and/or to the activity or occupation being identified.

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

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

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

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

Sign, Legal Nonconforming: Any sign lawfully existing on the effective date of this appendix, or amendment thereto, that does not conform to all the standards and regulations of this Code.

Sign Location: A lot, premises, building, wall or any place whatsoever upon which a sign is located.

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

Sign, Monument: See "Sign, Ground."

Sign, Mural: A sign painted onto the side of a building, wall, ground, or structure. A mural sign is regulated as a wall sign in this Code. Murals without a commercial message are not regulated by this Code.

Sign, Non-accessory: A sign that is not related to the primary use of the premises.

Sign, Noncommercial: Any sign wording, logo or other representation that, directly or indirectly, does not name, advertise, or call attention to a business, product, service, or other commercial activity.

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

Sign, Off-premise: A sign which directs attention to a business, product, profession, service, or entertainment conducted, sold or offered elsewhere than upon the same parcel. Where applicable, an off-premise sign shall be treated as a principle land use.

Sign, On-Premise: A sign which advertises a business, product, profession, service or entertainment provided on the same parcel on which the business, product, profession, service or entertainment is offered.

Sign, Open House: A real estate sign which relates the date and time a structure is open for tours.

Sign, Painted Wall: Any sign which is applied with paint or similar substance on the face of a wall. See also "Sign, Mural."

Sign, Permanent: A sign that is designed or intended to be used indefinitely, or used indefinitely without change in the same state or place, including, but not limited to business signs, directional signs, residential complex or subdivision signs, and illuminated signs.

Sign Permit: A document signed by the Director of Development or his/her designee stating that a proposed sign has met with the general provisions of this Chapter.

Sign, Pole: A sign that is supported by one or more poles, posts, or braces upon the ground, not attached to or supported by any structure, with a clear space in excess of six (6) feet from the finished grade to the bottom of the sign face. (See Graphic for "Sign")

Sign, Political: A sign identifying and urging voter support for or opposition to a particular issue, political party or candidate for public office.

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

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

Sign, Public Information: A sign displaying public information as the principal message in addition to information designed to assist, alert, or inform the public.

Sign, Real Estate: A sign announcing the sale, rental, or lease of the lot where the sign is displayed, or announcing the sale, rental, or lease of one or more structures, or a portion thereof, located on such lot, and identifying the owner, realty agent, telephone numbers, or "open house" information.

Sign, Roof: A sign which is erected, constructed, and maintained above any portion of the roof. (See Graphic for "Sign")

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

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

Sign, Subdivision: A sign containing the name of a residential complex or subdivision, with or without its accompanying address.

Sign, Subdivision Directional: A sign defining any writing, pictorial representation, decoration, form, emblem, trademark, or any other figure of similar character that has the purpose of directing persons to a subdivision or other land or building development.

Sign, Temporary: A sign or advertising display intended to be displayed for a designated period of time. Included in this category are banner signs, construction signs, real estate signs, temporary subdivision signs, political campaign signs, and other signs as determined by the Zoning Administrator or his/her designee.

Signs, Types of: The graphic below depicts the primary types of signs. Regulations for the type of signs permitted will vary by zoning district.

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

Sign, Wall: A sign attached to and/or integral with exterior wall or window surface of a structure, the face of which is parallel to the surface, no part of which extends above the eves on the structure. (See Graphic for "Sign")

Sign, Yard: A sign not larger than twelve (12) square feet in area and not taller than three (3) feet above grade placed on a private property indicating activity or product available on the property.

Site Plan: A map of a site, drawn accurately to scale, showing existing and proposed features of the site including but not limited to structures, circulation, grading, trees, and landscaping, sufficient for review. A site plan shall serve as the development plan regulated by IC 36-7-4-1400.

Special Displays: Signs not exceeding thirty-two (32) square feet, used for holidays, public demonstrations, or promotion of civil welfare or charitable purposes.

Special Exception: The authorization of a use that is designated as such by this appendix as being permitted in the district concerned if it meets special conditions, is found to be appropriate and upon application, is specifically authorized by the Board of Zoning Appeals.

Specimen Tree: Trees with a diameter-at-breast-height (DBH) of twenty-four (24) inches or greater.

Sports Complex: includes ice skating rink

Stable, Private: The harborage for horses owned by the resident of the property on which it is located.

Stable, Public: A harborage for horses which or not owned by, but cared for by a caretaker on the property on which it is located. Public stable may include operations allowing trail riding, equine product sales and related activities.

State: The State of Indiana.

Storage, Outdoor: The outdoor accumulation of goods, junk, motor vehicles, equipment, products, or materials for permanent or temporary holding. All outdoor storage of any kind whatsoever which is visible from a public way or adjoining property.

Story: That portion of a structure 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 next above it. Any portion of a story exceeding fourteen (14) feet in height shall be considered as an additional story for each fourteen (14) feet or fraction thereof.

Street:Any vehicular right-of-way that:

1.

Is an existing state, county, or municipal roadway;

2.

Is shown upon a plat approved pursuant to law;

3.

Is approved by other official action; or

4.

Is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Plan Commission and the grant to such Plan Commission to review plats; includes the land between the street lines, whether improved or unimproved.

Street, Arterial: As defined by the Indiana Department of Transportation Functional Classification and shall include rural, urban, major and minor classifications.

Street, Collector: As defined by the Indiana Department of Transportation Functional Classification and shall include rural, urban, major and minor classifications.

Street, County Maintained: Any public right-of-way located within the jurisdictional area of the City of Kendallville that has not been accepted by the City for maintenance. County maintained roads shall also be classified as arterial, collector or local in accordance with the Indiana Department of Transportation Functional Classification map

Street, Local: As defined by the Indiana Department of Transportation Functional Classification and shall include rural, urban, major and minor classifications.

Street, Private: Vehicular streets and driveways, paved or unpaved, that are maintained by the owner(s) and that are wholly within private property except where they intersect with other streets within public rights-of-way.

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

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

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

Structure Height: The vertical distance measured from the lot ground level to the highest point of the roof.

Figure I

Structure, Primary: A structure that accommodates the primary use of the site.

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

Studio Arts: Karate studio, dance studio, art studio, and the like.

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

Swimming Pool, Permanent: Pools constructed in the ground or partially in the ground, and all others capable of holding water with a depth greater than 42 inches (1067 cm), and all pools installed inside a building, regardless of water depth, whether or not served by electrical circuits of any nature. Permanent pools shall meet Indiana Swimming Pool Code requirements.

Tavern: An establishment primarily for the sale or dispensing of liquor by the drink for on-site consumption by the general public, where minors are not allowed on the premises, and where food may be available for on-site consumption and entertainment may be provided on the premises.

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

Telecommunications Tower: Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas. The term includes radio and television transmission towers, microwave towers, cellular telephone and wireless communication towers, alternative tower structures, and the like.

Temporary Use/Structure: See "Use, Temporary."

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

Thoroughfare: A public way or public place that is included in the Thoroughfare Plan. The term includes the entire right-of-way for public use of the thoroughfare and all surface and subsurface improvements on it such as sidewalks, curbs, shoulders, and utility lines and mains.

Thoroughfare Plan: The official plan, now and hereafter adopted, which includes a street plan, sets forth the location, alignment, dimensions, identification, and classification of existing and proposed streets, and other thoroughfares, as found in the Kendallville Comprehensive Plan.

Through Lot: See "Lot, Through."

Tower: See "Telecommunications Tower."

Tower Accessory Structure: Any structure located at the tower's base for housing receiving or transmitting equipment.

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

Townhouse: A single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof with open space on at least two sides.

Underlying District:A base district zone is the existing zoning district of the subject lot:

1.

Prior to the approval of a planned development; or

2.

Prior to the effects of an overlay district.

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

Use, Permitted: A use which may be lawfully established in a particular district or districts provided it conforms with all applicable requirements, regulations, and standards.

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

Use, Temporary: A land use or structure established for a limited and fixed period of no more than ninety (90) days with the intent to discontinue such use or structure upon the expiration of the time period.

Use Variance: See "Variance, Use."

Utility:Every plant or equipment within the State used for:

1.

The conveyance of telegraph and telephone messages;

2.

The production, transmission, delivery, or furnishing of heat, light, water, or power, either directly or indirectly to the public; or

3.

Collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste.

The term does not include a municipality that may acquire, own, or operate facilities for the collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste. A warehouse owned or operated by any person, firm, limited liability company, or corporation engaged in the business of operating a warehouse business for the storage of used household goods is not a public utility within the meaning of this Article.

Utility, Public: Any person, firm, or corporation duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, fiber optics, transportation, water, or sewage systems. The term does not include a municipality that may acquire, own, or operate any of the foregoing facilities. Or every corporation, company, partnership, limited liability company, individual, association of individuals, their lessees, trustees, or receivers appointed by a court, that may own, operate, manage, or control any plant or equipment within the State for the:

1.

Conveyance of telegraph or telephone messages;

2.

Production, transmission, delivery, or furnishing of heat, light, water, or power; or

3.

Collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste.

Variance, Development Standards: A specific approval granted by the Board of Zoning Appeals in the manner prescribed by this Code, to deviate from the development standards (such as height, bulk, area) that this Code otherwise prescribes.

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

Vehicle: See "Motor Vehicle."

Vineyard: Property used as a plantation for grapes.

Warehouse Storage Facility: A structure or group of structures containing individual storage units of two hundred (200) square feet or less with access to each unit only for the storage and warehousing of personal property. Warehouse storage facilities do not include activities of any kind including wholesaling, retailing, servicing, or repair of household or commercial goods in conjunction with storage.

Winery: A property which produces wine for grapes either delivered or grown on the property. A winery may include the sale of wines from a building located on the property.

Yard: A space on the same lot with a primary structure that is open and unobstructed except as otherwise authorized by this Code. All required yards shall be kept free of all material including but not limited to structures, material for sale, storage, advertising or display to attract attention and parking lots.

Figure J

Yard, Front: The horizontal space between the edge of the right-of-way to the minimum setback line established by the road classification for the district considered. (See Graphic for "Yard"). When twenty-five (25) percent or more of the lots in the block are occupied by buildings on the effective date of these regulations, the average setback of such buildings determines the dimensions of the front yard of the block; however building setback lines established in a recorded subdivision shall establish the dimension of front yard, except where such setback line may be less restrictive than as provided in these regulations.

Yard, Rear: The horizontal space between rear property line to the minimum setback line established by the zoning classification for the district considered. Corner lots do not have rear yards, rather they have two side yards. (See Graphic for "Yard"). When a structure existing on a property at the effective date of these regulations, the minimum distance between the structure and the property line shall determine the rear yard setback. Any existing reduction of required setback shall not abrogate any building code requirements for fire resistive construction requirements.

Yard, Side: The horizontal space between side property line to the minimum setback line established by the zoning classification for the district considered (See Graphic for "Yard"). When a structure existing on a property at the effective date of these regulations, the minimum distance between the structure and the property line shall determine the side yard setback. Any existing reduction of required setback shall not abrogate any building code requirements for fire resistive construction requirements.

Zoning Administrator: The officer appointed by and/or delegated the responsibility for the administration of this Code's regulations by the appointing authority. The term "Zoning Administrator" includes his/her authorized representatives.

Zoning District: See "District."

Zoning Map: See "Official Zoning Map."

(Ord. No. 1205, 11-21-17; Ord. No. 1219, § 1, 11-6-19; Ord. No. 1220, § 1, 11-4-20)