Leo Cedarville City Zoning Code
DEFINITIONS
§ 152.330 GENERAL.
The definitions contained in this subchapter shall be observed and applied in the interpretation of all sections in this chapter, except where the context clearly indicates otherwise. Words used in the present tense shall include the future; words used in the singular number shall include the plural and the plural the singular; words used in the masculine gender shall include the feminine.
(Ord. passed - - )
§ 152.331 DEFINED WORDS.
The following terms shall have the following meanings:
ABANDONMENT. The relinquishment of property or a cessation of the use of the property for a continuous period of one year by the owner with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property.
ACCESSORY BUILDING, OR STRUCTURE. A building or structure which:
(1) Is subordinate to a principal building or structure in area, intent, and/or purpose;
(2) Contributes to the comfort, convenience, or necessity of occupants of the principal building, structure, or principal use;
(3) Does not alter or change the character of the premises;
(4) Is located on the same zoning lot as the principal building, structure, or use;
(5) Conforms to the setback, height, bulk, lot coverage, and other requirements of this chapter unless otherwise provided for by this chapter;
(6) May not be constructed prior to the time of construction of the principal building or structure; and
(7) Is not designed for human occupancy as a dwelling or commercial use.
ADMINISTRATOR. See ZONING ADMINISTRATOR.
ADVISORY PLAN COMMISSION. A planning commission serving a single local government jurisdiction established as defined under I.C. 36-7-1-2 as amended. The Leo-Cedarville Plan Commission is an ADVISORY PLAN COMMISSION.
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 shall not include feedlots, stockyards, or the commercial feeding of garbage or offal to swine or other animals.
AGRICULTURE ZONING DISTRICT. Refers to an AG District.
ALLEY. A public right-of-way, other than a street, road, crosswalk, or easement, that provides secondary access for the special accommodation of the abutting property.
APARTMENT. One or more rooms in an apartment building or combination apartment and commercial building, arranged, intended, designed, or occupied on a rental basis as a dwelling unit of a single family, an individual, or a group of individuals.
APARTMENT BUILDING. A multi-family housing structure designed and constructed to accommodate three or more apartments, in contrast to single or two-family dwellings converted for multi-family use.
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 Said Commission or Board affecting the real estate owned thereby.
ARTERIAL STREET. See STREET, ARTERIAL.
ATTACHED BUILDING. A building that is structurally connected to another building by a foundation, wall, or roof line. Carports, garages, porch awnings and the like shall be considered ATTACHED BUILDINGS and abide by all regulations pertaining to primary buildings.
AUTO REPAIR, MAJOR. Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame, or fender straightening or repair; and overall painting of vehicles.
AUTO REPAIR, MINOR. Incidental repairs, replacement of parts, and motor service to automobiles but excluding any operation specified under AUTOMOBILE REPAIR, MAJOR.
AUTOMOBILE SERVICE STATION. Any building or premises used for the dispensing, sale, or offering for sale at retail 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 automobile laundries; provided, however, that the washing of individual automobiles where no chain conveyor is employed may be included.
BED AND BREAKFAST FACILITY. An owner occupied or owner employee occupied residence containing no more than six guest rooms for hire, for lodging by prearrangement for periods not to exceed three consecutive weeks and providing for occasional meals daily (usually breakfast) and not a hotel, boarding, lodging house or motel.
BERM. A man-made, formed, earth mound of definite height and width used for landscaping and obscuring purposes, the intent of which is to provide a transition between uses of differing intensity.
BILLBOARD. See SIGN, OUTDOOR ADVERTISING.
BLOCK. Property abutting on one side of a street and lying between the two 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 Town of Leo-Cedarville Advisory Board of Zoning Appeals or any division thereof.
BOARDING HOUSE. A building or part of a building that contains accommodation facilities for lodging, and typically with meals reserved solely for the occupants thereof for a fee. BOARDING HOUSES do not include bed and breakfasts, multi-family dwellings, hotels or motels.
BOND. Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Plan Commission. All bonds shall be approved by the Commission wherever a bond is required by these regulations.
BOULEVARD. See STREET, PARKWAY.
BUFFER LANDSCAPING. Any trees, shrubs, walls, fences, berms, space, or related landscaping features required under this chapter on private lots, and privately maintained, for buffering lots from adjacent properties or public rights-of-way for the purpose of increasing visual or other aspects of privacy and aesthetics.
BUFFER YARDS. 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. Buffers also help to maintain existing trees or natural vegetation, to block or reduce noise, glare or other emissions and to maintain privacy.
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 feet.
BUILDING CODE. The town ordinance establishing and controlling the standards for constructing mechanical equipment, and all forms of permanent structures and related matters within the town. Also referred to herein as the Leo-Cedarville Building Code.
BUILDING ENVELOPE. The setback lines that establishes an area on a lot in which building can occur.
BUILDING HEIGHT. See STRUCTURE HEIGHT.
BUSINESS. The engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise, or services, or the maintenance or operation of offices, recreational, or amusement enterprises.
BUSINESS DISTRICT. Refers to the NC, OC, TC, and C1 Districts.
BZA. See BOARD OF ZONING APPEALS.
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.
CAPITAL IMPROVEMENT PLAN. A proposed schedule of future projects listed in order of construction priority together with cost estimates and the anticipated means of financing each project. Major projects requiring the expenditure of public funds, over and above the annual local government's operating expenses, for the purchase, construction, or replacement of the capital improvements for the community are included.
CEMETERY. Includes any crematory, mausoleum, or mortuary operated in conjunction with and on the same tract as the CEMETERY.
CENTRAL SEWERAGE SYSTEM. The community sewer system including collection and treatment facilities owned and maintained by the Leo-Cedarville Sewer District.
CENTRAL WATER SYSTEM. A community water supply system including existing and new wells and/or surface water sources and intakes, treatment facilities, and distribution lines and includes such of the above facilities established by the developer to serve a new subdivision or commercial/ industrial development.
CERTIFICATE OF COMPLIANCE. A certificate issued prior to the certificate of occupancy stating that the building, structure or use has been constructed and complies with the provisions of this chapter, developer commitments, and all conditions of the Plan Commission or BZA. A posting of bond may be accepted for incomplete requirements that will be completed as per a written agreement. The time period and amount of bond shall be determined by the Zoning Administrator.
CERTIFICATE OF OCCUPANCY. A certificate stating that the occupancy and use of a building or structure complies with the provisions of the Allen County Building Code.
CHILD CARE CENTER. Any institution operated for the care of children, licensed pursuant to I.C. 12-17.2-4, et seq., and as defined by I.C. 12-7-2-28-4.
CHILD CARE HOME. An establishment providing non-overnight care, supervision, and protection of children in private residences which is ancillary to the primary use of residential. The maximum number of children allowed is six at any given time excluding the children of the property owner.
CHILD CARE INSTITUTION.
(1) A residential facility that provides for the care, supervision and protection of children on a 24-hour basis; or
(2) An institution that operates under a license issued under I.C. 31-27-3; provides for delivery of mental health services that are appropriate to the needs of the individual; and, complies with the rules adopted under I.C. 4-22-2 by the Division of Family and Children. (For reference see I.C. 12-7-2.)
CHILDREN’S HOME. See CHILD CARE INSTITUTION.
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 physicians or dentists are provided.
COLLECTOR STREET. See STREET, COLLECTOR.
COMMISSION. See PLAN COMMISSION.
COMPREHENSIVE PLAN. Refers to the Leo-Cedarville Comprehensive Plan. The plan includes goals, objectives and strategies for land use, growth management, transportation/thoroughfares, community facilities and services, environment concerns, infrastructure, aesthetics and identity, economic development, and parks and recreation. The plan was developed and adopted by the Commission pursuant to the I.C. 36-7-4-500 series and includes any part and/or policies separately adopted and any amendment to such plan and/or policies, or parts thereof.
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 I.C. 32-1-6 (1-31), (the Horizontal Property Law), by the recordation of condominium instruments, in which undivided interests in the common areas and facilities are vested in the condominium unit owners.
CONFORMING MANUFACTURED HOME. Pursuant to I.C. 36-7-4-1106, a residence constructed after January 1, 1981, that exceeds 950 square feet of occupied space and which is installed as a permanent dwelling unit which may be placed or constructed providing complies with setback, side and rear yard, parking space, and minimum square footage requirements for the district in which it is located, and an under-floor space requirements of this chapter.
CONSTRUCTION PLAN(S). The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed for the subdivision in accordance with the requirements of this chapter as a condition of the approval of the plat.
COUNTY. Allen 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 Commission, that are recorded with the plat and deed. COVENANTS can also be placed on commercial and industrial developments. COVENANTS are not enforceable by the Plan
Commission or its designees. However, they are enforceable in civil court by interested or affected parties.
CUL-DE-SAC. A short street having one end open to traffic and being permanently terminated by a vehicular turnaround.
DAY CARE CENTER. See CHILD CARE CENTER.
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.
DETACHED BUILDING. A building that has no structural connection with the principal building.
DEVELOPER. The owner or legal representative of land proposed to be subdivided or commercially / industrially utilized. Consent for making applications for development approval shall be required from the legal owner of the premises.
DISTRICT. A section of the town for which uniform zoning regulations governing use, height, area, size, intensity of use of buildings and land, and open spaces about buildings, are established by this chapter.
DOMESTIC PETS. Animals commonly used as household pets, protection, companions, and for the 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, pot belly pigs, ferrets, and snakes if cared for in the manner described above.
DRIVES, PRIVATE. See STREET, PRIVATE.
DUPLEX. See DWELLING, TWO-FAMILY.
DWELLING. A building or structure or portion thereof, conforming to all requirements applicable to the residential use districts and Leo-Cedarville Building Code, used exclusively for residential occupancy, including single-family dwelling units, two-family dwelling units, and multi-family dwelling units, but excluding hotels, boarding houses, and lodging 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) Shall have been constructed after January 1, 1981, and must exceed 950 square feet of occupied space per I.C. 36-7-4(d);
(2) Is attached to a permanent foundation of masonry construction and has a permanent 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 or more sections which, when joined, have a minimum dimension of 23 feet in width for at least 60% of its length.
DWELLING, MOBILE HOME. A transportable dwelling unit which is a minimum of eight feet in width and which is built on a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical system contained therein, and which was manufactured either:
(1) Prior to June 15, 1976 and bears a seal attached under Indiana Public Law 135, 1971, certifying that it was built in compliance with the standards established by the Indiana Administrative Building Council; or
(2) Subsequent to or on June 15, 1976 and bears a seal, certifying that it was built in compliance with the Federal Mobile Home Construction and Safety Standards.
DWELLING, MULTI-FAMILY. A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING, SINGLE-FAMILY. A detached residential dwelling unit designed for and occupied by one family.
DWELLING, TWO-FAMILY. A residential building containing two dwelling units designed for occupancy by not more than two families.
DWELLING UNIT. Any structure or portion thereof designed for or used for residential purposes as a self-sufficient or individual unit by one family or other social association of persons and having permanently installed cooking and sanitary facilities.
EASEMENT. A grant by a property owner to specific persons, the general public, corporations, utilities, or others, for the purpose of providing services or access to the property.
EXPRESSWAY/FREEWAY. Any roadway that operates at a high service level, consists of limited access, is divided, carries region-wide traffic and is generally classified as part of the interstate system.
FAMILY. An individual, or two or more persons related by blood, marriage, or adoption, or a group of not more than three persons, not related by blood, marriage, or adoption, living together as a single housekeeping unit in a dwelling unit.
FARM. An area used for agricultural operations, forestry, the operating of a tree or plant nursery, or the production of livestock and poultry.
FARM ANIMALS. Animals commonly used for transportation, food, skins, and other by-products. FARM ANIMALS include, but are not limited to, horses, cattle, pigs, sheep, goats, mules, donkeys, miniature horses, miniature donkeys, camels, emu, ostrich, llamas, alpacas, rabbits, mink, fox, buffalo, chickens, turkeys, quail, pheasants, and other animals or fowl of similar characteristics.
FLOOR AREA. The sum of all horizontal surface areas of all floors of all roofed portions of a building enclosed by and within the surrounding exterior walls or roofs, or to the centerline(s) of party walls separating such buildings or portions thereof. Floor area of a building shall exclude exterior open balconies and open porches.
FLOOR AREA, FINISHED. 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 finished floor area located on the first (or nearest ground level) floor of the dwelling unit. The MAIN FLOOR AREA of a primary structure does not include a garage, carport, deck, unfinished storage, patio, or open porch.
FOUNDATION. The supporting member of a wall or structure.
FREEWAY. See EXPRESSWAY.
FRONT LINE. With respect to a building, the foundation line that is nearest the front lot line.
FRONT LOT LINE.
(1) For an interior or through lot, the line marking the boundary between the lot and the abutting street right-of-way or a lake or watercourse; and
(2) For a corner lot, the line marking the boundary between the lot and the shorter of the two abutting street right-of-way segments; except as deed restrictions specify otherwise.
FRONT YARD. The horizontal space between the nearest foundation of a building to the front lot line, extending to the side lines of the lot, and measured as the shortest distance from that foundation to the front lot line.
FRONTAGE. See LOT FRONTAGE.
GARAGE. An attached or detached structure whose principal use is to house motor vehicles or personal property for the accommodation of related dwelling units or related business establishments.
GROUND FLOOR AREA. See FLOOR AREA, MAIN.
HARDSHIP. A difficulty with regard to one’s ability to improve land stemming from the application of the development standards of this chapter, which may or may not be subject to relief by means of variance. In and of themselves, self-imposed situations and claims based on a perceived reduction of or restriction on economic gain shall not be considered hardships. Self-imposed situations include the purchase of land with actual or constructive knowledge that, for reasons other than physical characteristics of the property, the development standards herein will inhibit the desired improvement; any improvement initiated in violation of the standards of this chapter, any result of land division requiring variance from the development standards of this chapter in order to render that site buildable.
HOME OCCUPATION. The intent of the HOME OCCUPATION provisions are to allow minimal business practices within certain residential zoning districts. Further, the intent is not to allow the loss of the residential district’s character or function as a residential area or neighborhood. To regulate reasonable business practices and residential character, the development standards in § 152.131 shall apply.
HOSPITAL. An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, or care for three or more unrelated individuals suffering from illness, disease, injury, deformity, or other abnormal physical conditions. The term HOSPITAL as used in this chapter does not apply to institutions operating primarily for treatment of insane persons, drug addicts, liquor addicts, and other types of cases necessitating restraint of patients, and the term "hospital" shall not include convalescent, nursing, shelter, or boarding homes.
HOTEL. A building in which 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.
IMPERVIOUS SURFACE. Any material that prevents absorption of stormwater into the ground.
IMPROVEMENT LOCATION PERMIT. A permit issued under the Zoning Ordinance prior to receiving a building permit, permitting a person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure within its jurisdiction, or the pursuit of changes to the condition of the land.
INCIDENTAL. A minor occurrence or condition which is customarily associated with a permitted use and is likely to ensue from normal operations.
INDUSTRIAL DISTRICT. Refers to the C2 District.
INDUSTRIAL PARK. A planned industrial district not less than 20 acres in area and is developed within the C3 District, in which buildings and land may be used for research, office, experimental or testing laboratories, light industrial, non-nuisance manufacturing, storage and distribution facilities and other customary uses.
INDUSTRY, HEAVY. See MANUFACTURING, HEAVY.
INDUSTRY, LIGHT. See MANUFACTURING, LIGHT.
INTERIOR LOT. See LOT, INTERIOR.
INTERSTATE. See EXPRESSWAY.
JUNK. An automobile, truck, other motor vehicle, large appliances, furniture or like materials which has been damaged to such an extent that it cannot be operated under its own power or used and/or will require major repairs before being made usable. This could also include such a vehicle which does not comply with state or town vehicle laws or ordinances.
JUNK YARD. A place, usually outdoors, where waste or discarded used property other than organic matter, including but not limited to automobiles, farm implements and trucks, is accumulated and is or may be salvaged for reuse or resale; this shall not include any industrial scrap metal yard.
KENNEL, COMMERCIAL. A place primarily for keeping four or more dogs, or other small animals that are ordinarily bred for sale as pets. Also could include temporary care facility for compensation.
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.
LIVESTOCK. See FARM ANIMALS.
LOCAL STREET. See STREET, LOCAL.
LODGING HOUSE. See BOARDING HOUSE.
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 ownership or control. There are generally three types of lots identified in this chapter: Interior Lots, Corner Lots, and Through Lots.
LOT, BUILDABLE. See LOT, IMPROVED.
LOT, CORNER . A lot situated at the intersect ion of two streets or which fronts a str eet on two or more sid es forming an int erior angle of less tha n 135 degrees.
LOT COVERAGE. The area of a zoning lot occupied by the principal building and any accessory structures.
LOT DEPTH. The horizontal distance between the front and rear lot lines.
LOT, DEVELOPED. A lot with buildings or structures.
LOT FRONTAGE. All property of a lot fronting on a street right-of-way, as measured between side lot lines.
LOT, IMPROVED. A lot upon which a structure or building can be constructed and occupied. The lot shall have frontage on and access to an improved street, meet minimal setbacks, and have 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.
LOT OF RECORD. A lot which is a part of a subdivision recorded in the office of the County Recorder, or a parcel or lot described by metes and bounds, and a description of what has been so recorded.
LOT, THROUGH. A lot fronting on two parallel or approximately parallel streets, or abutting two streets which do not intersect at the boundaries of the lot. Also includes lots fronting on both a street and a watercourse or lake.
LOT WIDTH. The distan ce between the side lot lines as meas ured on the front lot line. Cul-de-Sac front lot widths shall be measured at the front yard set back line.
MANEUVERING SPACE. An open space in a parking area which:
(1) Is immediately adjacent to a parki ng 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 stora ge of motor vehicles.
MANUFACTURED HOME. See DW ELLING, MANUFACTURED HOME.
MANUFACTURED HOME PARK. A parce l of land containing two or more spaces (sites), with requi red improvements and utilities, that are leased for 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 mobile home park. A mobile home park does not involve sales of mobile home dwellings or manufactured home dwellings in which unoccupied units are parked for inspection or sale.
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 ord inarily do not create noise, smoke, fume, odors, glare or hea lth or safety hazards outside of the building or lot where suc h assembly, fabrication, or processing of goods are ho used entirely within an enclosed building. Light manufacturing generally includes processing and fab rication of finished products predominantly from pre viously 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 / MONUMENT (SURVEY). A stake, pipe, rod , nail, or any other object which is intended to be a per manent point for record purposes.
MASTER PLAN. See COMPREHENSIVE PLAN.
MOBILE HOME. See DWELLING, MOBILE HOME.
MOBILE HOME PARK. See MANUFACTURED H OME PARK.
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 tourists. A motel furnishes customary services such as maid service and laundering of linen, telephone, secretarial, or desk service, and the use and upkeep of furniture.
MOTOR HOME. See RECREATIONAL VEHICLE.
MOTOR VEHICLE. Any passenger vehicle, truck, tractor, tractor-trailer, truck-trailer, trailer, or semi-trailer propelled or drawn by mechanical power.
NON-CONFORMING BUILDING. A building, 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.
NON-CONFORMING USE. A use which does not conform with the use regulations of the district in which it is located.
NURSING HOME. SEE REST HOME.
OFFICIAL ZONING MAP. A map of the Town of Leo-Cedarville, Indiana, that legally denotes the boundaries of zoning districts as they apply to the properties within the planning jurisdiction.
OFF-SITE IMPROVEMENTS. Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval, upon which is located improvements required by or related to the property to be subdivided.
OPEN SPACE. An area of land not covered by buildings, parking structures, or accessory uses except for recreational structures. OPEN SPACE may include nature areas; streams and flood plains; meadows or open fields containing baseball, football, and soccer fields, golf courses, swimming pools, bicycle paths, etc. OPEN SPACE does not include street rights-of-way, platted lot area, private yard, patio areas, or land scheduled for future development.
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.
PARCEL. See LOT.
PARKING SPACE, AUTOMOBILE. Space within a public or private parking area for the storage of one passenger automobile or commercial vehicle under a one and one-half ton capacity.
PARKWAY. See STREET, PARKWAY.
PERFORMANCE BOND. An amount of money or other negotiable security paid by the subdivider, developer, or property owner or his surety to the town which guarantees that the subdivider will perform all actions required by the town regarding an approved plat or in other situations as stated forth in this chapter and/or as deemed by the Zoning Administrator, and provides that if the subdivider, developer, or property owner defaults and fails to comply with the provisions of his approval, the subdivider, developer, or property owner or his 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.
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.
PETS. See DOMESTIC PETS.
PLAN COMMISSION. The Advisory Plan Commission of the Town of Leo-Cedarville.
PLANNED DEVELOPMENT. A large-scale unified development meeting the requirements for zoning approval under the provisions of §§ 152.155 through 152.172, Planned Developments, of this chapter. Generally a PLANNED DEVELOPMENT consists of a parcel or parcels of land, controlled by a single landowner, to be developed as a single entity which does not correspond in size of lots, bulk or type of buildings, density, lot coverage, and required open space to the regulations established in any district of this chapter. 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 DEVELOPMENTS. A PLANNED DEVELOPMENT requires approval through a zoning map amendment.
PLAT. A map or chart that shows a division of land and is intended to be filed for record.
PLAT, PRIMARY. The PRIMARY PLAT, pursuant to I.C. 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 I.C. 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. SECONDARY PLAT approval is an administrative function to be carried out in the manner prescribed by the written rules of the Advisory plan Commission, either in public meeting of by Zoning Administrator.
PORCH. A roofed-over structure projecting out from the wall or walls of a main structure and commonly open to the weather in part.
PRACTICAL DIFFICULTY. A difficulty with regard to one’s ability to improve land stemming from regulations of this chapter. A practical difficulty is not a “hardship,” rather it is a situation where the owner could comply with the regulations within this chapter, 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.
PRINCIPAL BUILDING/STRUCTURE. The building or structure in which the principal use of the lot or premises is located or conducted. With respect to residential uses, the PRINCIPAL BUILDING OR STRUCTURE shall be the main dwelling.
PRINCIPAL USE. The main use of land or buildings as distinguished from an accessory use. A PRINCIPAL USE may be either a permitted use or a special exception.
PRIVATE STREET. See STREET, PRIVATE.
PROFESSIONAL OFFICE. An office used by members of a recognized profession such as architects, artists, dentists, engineers, lawyers, musicians, physicians, surgeons or pharmacists, and realtors or insurance agents and brokers.
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/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. Any person, firm, or corporation duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, fiber optics, transportation, water, or sewerage systems.
REAR LOT LINE. 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 long, parallel to the front lot line, and wholly within the lot, that is farthest from the lot line.
(SEE GRAPHICS FOR REAR YARD)
REAR YARD. The horizontal space between the nearest foundation of a building to a rear lot line and th at rear lot line, extending to the sidelines of the lot, and measured as the shortest distance from the foundation to the rear lot line. The REAR YARD of a corner lot shall be that yard at the opposite end of the lot from the front yard.
RECREATIONAL VEHICLE. A portable vehicular structure designed as a temporary dwelling for travel and vacation uses which:
(1) Is identified on the unit by the manufacturer as a travel trailer;
(2) Is not more than eight feet six inches in body width;
(3) Is of any weight provided its body length does not exceed 40 feet;
(4) Is a structure mounted on an automobile or truck; and
(5) Is designed to be used for sleeping and human habitation.
RECREATIONAL VEHICLE PARK. Any site, lot, field, or tract of land under single ownership, or ownership of two or more people, designed with facilities for short term occupancy by recreational vehicles only.
REGISTERED LAND SURVEYOR. A land surveyor properly licensed and registered or through reciprocity permitted to 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.
REGULATORY FLOOD. A flood having a peak discharge which can be equalled or exceeded on the average of once in a 100-year period, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resources Commission. Further, this flood is equivalent to a flood having a 1% probability of occurrence in any given year. See Flood Control Ordinance, Chapter 150.
REGULATORY FLOODWAY. The channel of a river or stream and those portions of the flood plains adjoining the channel which are reasonably required to efficiently carry and discharge peak flow of the regulatory flood of any river or stream and, is that area covered by floodwaters in significant downstream motion or covered by significant volumes of stored water during the occurrence of the regulatory flood. See Flood Control Ordinance, Chapter 150.
RESIDENTIAL DISTRICT. Refers to the R1, R2, R3, R4 and MP Districts.
RESIDENTIAL FACILITY FOR THE DEVELOPMENTALLY DISABLED (LARGE). A residential facility which provides residential services for more than eight developmentally disabled individuals as described in I.C. 12-28-4.
RESIDENTIAL FACILITY FOR THE DEVELOPMENTALLY DISABLED (SMALL). A residential facility which provides residential services for eight developmentally disabled individuals or less as described in I.C. 12-28-4.
RESIDENTIAL FACILITY FOR THE MENTALLY ILL. A residential facility which provides residential services for mentally ill individuals as described in I.C. 12-28-4. No two RESIDENTIAL FACILITIES FOR THE MENTALLY ILL shall be within 3,000 feet of one another in the Leo-Cedarville planning jurisdiction as stated in Indiana Code.
REST HOME/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 mental patients or alcoholics.
RE-SUBDIVISON. 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 if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
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.
ROW. See RIGHT-OF-WAY.
ROAD. See STREET.
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. 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.
SCRAP METAL YARD.
(1) A general industrial use established independent or ancillary to and connected with another general industrial use, which is concerned exclusively in new and salvaged metal pipes, wire, beams, angles, rods, machinery, parts, filings, clippings, and all other metal items of every type, and which acquires such items incidental to its connection with the other general industrial use or by purchase, consignment or bailment which stores, grades, processes, melts, cuts, dismantles, compresses, cleans, or in any way prepares said items for reuse by the connected other general industrial use or for sale and shipment and use in other industries or businesses including open hearth, electric furnaces and foundry operations; such an establishment shall not include junk yards, dumps, or automobile graveyards.
(2) The storage, dealing in or the permitting of the accumulation of significant quantities of combustible, organic or nonmetal scrap materials such as wood, paper, rags, garbage, bones and shattered glass on the premises of such an establishment will disqualify it from being classified as a SCRAP METAL YARD, and the same will be classified as a junk yard.
SECONDARY ARTERIAL. See STREET, SECONDARY ARTERIAL.
SECONDARY PLAT. See PLAT, SECONDARY.
SETBACK. The minimum horizontal distance between the building line and a lot line or right-of-way.
SHARED HOUSING. Any dwelling unit which the owner allows to be occupied by unrelated persons living as a single housekeeping unit, provided that the number of occupants does not exceed twice the number of bedrooms, and that the total number of occupants does not exceed four regardless of the number of bedrooms.
SIDE LOT LINE. A lot boundary line other than a front or rear lot line.
(SEE GRAPHIC UNDER "SIDE YARD")
SIDE YARD. The horizontal space between the nearest foundation of a building to the side lot line and that side lot line, unoccupied other than by architectural appurtenances projecting not more than 24 inches into that space; steps or terraces not higher than the level of the first floor of the building; and open lattice-enclosed fire escapes, fireproof outside stairways and balconies projecting not over 24 inches into that space.
SIGN. A name, identification, description, display, or illustration which is affixed to, painted, or 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.
SIGN, OUTDOOR ADVERTISING. A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located or to which it is affixed. Also called billboard or off-premise sign.
SIGN, TEMPORARY. An on-premise advertising device not fixed to a permanent foundation, for the purpose of conveying information, knowledge, or ideas to the public about a subject related to the activities on the premises upon which it is located.
SPECIAL EXCEPTION. The authorization of a use that is designated as such by this chapter as being permitted in the district concerned if it meets special conditions, and upon application, is specifically authorized by the BZA.
STORAGE, OUTDOOR. The outdoor accumulation of goods, junk, vehicles, equipment, products, or materials for permanent or temporary holding.
STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. Any portion of a STORY exceeding 14 feet in height shall be considered as an additional STORY for each 14 feet or fraction thereof.
STREET. Any vehicular 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 planning board and the grant to such board to review plats; includes the land between the street lines, whether improved or unimproved.
STREET, COLLECTOR. A street designed to facilitate the collection of traffic from local streets and to provide circulation within neighborhood areas and convenient ways to reach arterial streets, as depicted by the Thoroughfare Plan element within the Comprehensive Plan.
STREET, LOCAL. A street designed primarily to provide access to abutting properties and discourage through traffic, as depicted by the Thoroughfare Plan element within the Comprehensive Plan.
STREET, PARKWAY. A street with limited access (curb cuts), restricted parking, a substantial amount of landscaping usually including a landscaped median, and that collects and distributes traffic to and from secondary arterials, as depicted by the Thoroughfare Plan within the Comprehensive Plan.
STREET, PRIMARY ARTERIAL. A street with access control, restricted parking, and that collects and distributes traffic to and from secondary arterials, as depicted by the Thoroughfare Plan element within the Comprehensive Plan.
STREET, PRIVATE. Vehicular streets and driveways, paved or unpaved, which are wholly within private property except where they intersect with other streets within public rights-of-way and maintained by the owner(s).
STREET, PUBLIC. All property dedicated or intended for public highway, freeway, or roadway purpose or subject to public easements therefore.
STREET, SECONDARY ARTERIAL. Street with signals at important intersections and stop signs on side streets, and that collects and distributes traffic to and from collector streets, as depicted by the Thoroughfare Plan element within the Comprehensive Plan.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building or structure such as bearing walls, partitions, columns, beams or girders, or any substantial change in the footprint or increasing size of living space. Also, substantial roofing and siding work when repairs are made to the structure beneath.
STRUCTURE HEIGHT. The vertical distance measured from the lot ground level to the highest point of the roof.
SUBDIVISION.
(1) The division of a parent tract or other piece of land into at least two smaller lots or the combination of two or more smaller lots into one lot so that, either now or in the future, the subdivider can do any of the following with one or more of the subdivided lots:
(a) Transfer ownership;
(b) Construct buildings; and/or
(c) Create new building sites for leasehold.
(2) The actual location, shape and size of a parent tract to be divided is determined by the official record of the last transfer of its ownership transacted before this Zoning Ordinance was enacted or by its last conditional transfer of ownership by recorded contract transacted before this Zoning Ordinance was enacted. The following kinds of divisions are not SUBDIVISIONS and are exempt from the rules of this chapter:
(a) A division of land into two or more tracts all of which are least ten acres in size and have at least 200 feet of road frontage;
(b) A division of land for the transfer of a tract or tracts to correct errors in an existing legal description, provided that no additional principal use building sites are created by the division;
(c) A division of land pursuant to an allocation of land in the settlement of a decedent's estate or a court decree for the distribution of property;
(d) A division of land for federal, state or local government to acquire street right-of-way;
(e) A division of land for the transfer of a tract or tracts between adjoining lots provided that no additional principal use building sites are created by the division. The lots so created hereunder shall have only one principal use building site; and
(f) Property legally divided prior to adoption of this chapter.
SWIMMING POOL. A self-contained body of water at least 18 inches deep and eight feet in diameter or width and used for recreational purposes. It may be above or below ground level, and shall be considered an accessory structure/ use.
TEMPORARY IMPROVEMENT LOCATION PERMIT. A permit issued under this chapter permitting a temporary use or structure not to exceed two months.
TEMPORARY USE/STRUCTURE. A land use or structure established for a limited and fixed period of time with the intent to discontinue such use or structure upon the expiration of the time period.
THOROUGHFARE PLAN. The 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.
TOWN. The Town of Leo-Cedarville, Indiana.
USE. The purposes of which land, building, or structure thereon is designed, arranged, or intended, or for which it is occupied, maintained, let, or leased.
VARIANCE, DEVELOPMENT STANDARDS. A specific approval granted by a Board of Zoning Appeals in the manner prescribed by this chapter, to deviate from the development standards (such as height, bulk, area) that the chapter otherwise prescribes.
VARIANCE, USE. The approval of a use other than that prescribed by this chapter, an act granted by I.C. 36-7-4-918.3.
VILLAMINIUM. A single-family dwelling on a single lot or parcel that may have a common external appearance and setback with adjoining dwellings, and community association or cooperative analysis.
YARD. A space on the same lot with a principal building that is open and unobstructed except as otherwise authorized by this chapter.
ZONING ADMINISTRATOR. The officer appointed by and/or delegated the responsibility for the administration of this chapter’s regulations by the Advisory Plan Commission. The Plan Commission is hereby designated as the Administrator for the purpose of administering and enforcing this chapter and is the town officer referred to herein wherever the term Administrator or Zoning Administrator appears.
ZONING MAP. See OFFICIAL ZONING MAP.
(Ord. passed - - ; Ord. 2021-08, passed 10-19-2021)
§ 152.999 PENALTIES AND ENFORCEMENT.
(A) Issuance of notice.
(1) If during a single inspection, the Zoning Administrator shall find one or more violations of this chapter (as set forth in § 152.315), the following monetary fines shall be imposed:
(a) Single Violation $75
(b) Second Violation $30
(c) Each Additional Violation $25 each
(2) The Zoning Administrator shall issue a notice of violation and order to abate to the responsible party as determined by § 152.313. The notice shall contain the following information:
(a) The date and time of issuance of the notice;
(b) The specific violation(s) for which the notice is issued;
(c) The date and location of the violation(s);
(d) The amount of the penalty that is imposed;
(f) Notice that the responsible party must respond to the notice in writing within 15 days either admitting or denying the violation;
(g) Instructions that the responsible party may pay the penalties and provide proof that the violations have been corrected in lieu of admission or denial;
(h) Notice that further penalties and legal action may ensue if the responding party does not respond to the notice within 15 days;
(i) Notice of the right to appeal the notice of violation as set forth in § 152.316 which shall include a statement that the appealing party has the right to be represented by an attorney, and the right to produce evidence before the BZA; and
(j) The signature of the Zoning Administrator, which may be affixed manually or electronically.
(B) Failure to respond to initial notice / second and third notices.
(1) If a responsible party fails to respond to an initial notice of violation within 15 days, the Zoning Administrator shall issue a second notice of violation. If a responsible party fails to respond to the second notice of violation, the Zoning Administrator shall issue a third notice of violation. Upon the issuance of the third notice of violation, additional penalties shall be imposed as follows:
(a) Second notice + $25;
(b) Third notice + $50.
(2) All subsequent notices shall contain the information contained in the original notice but shall state that they are a second or third notice and shall identify the additional penalty.
(3) Failure to respond within 15 days of a third notice shall be deemed an admission of the violation and shall constitute a waiver of the right to appeal the violations(s) to the BZA. Following 15 days after a third notice of violation, the Zoning Administrator shall refer the matter to the Town Attorney for civil enforcement action.
(C) Response to notice by admission.
(1) Payment of a penalty shall be deemed an admission of a violation and shall constitute a waiver of the right to appeal a notice of violation.
(2) If a party admits a violation in writing within 15 days of any notice, such admission shall also be deemed a waiver of the right to appeal. In such circumstance, the party shall be given upon request an additional 30 days to pay the penalty (including any penalty for second and third notices) and to abate the violation(s) and no further penalties or enforcement actions shall be taken during this period (however, any pending stop work orders shall remain in effect, and violations of such orders shall warrant immediate legal actions). The Zoning Administrator may accept a late payment of a penalty (i.e. after the expiration of 30 days) along with an additional $10 penalty, if the violations have been abated within the 30-day time period and provided that the violation has not yet been referred to the Town Attorney.
(3) If the responsible party fails to pay the penalty and to abate the violation(s) within that 30-day period, the Zoning Administrator shall refer the matter to the Town Attorney for civil enforcement action. However, the Zoning Administrator shall have the discretion to grant a responsible party and additional 30 days upon request to pay the penalties and/or abate the violation but only if the responsible party can show good cause for the extension. The Zoning Administrator may not grant additional extensions after the matter has been referred to the Town Attorney for enforcement.
(D) Response to notice by denial.
(1) If, within 15 days of any notice, the responsible party appears and denies in writing the violation(s) in the notice, the Zoning Administrator shall evaluate the reasons given by the person and if necessary perform and investigation to determine whether there is still cause to believe that a violation exists.
(2) The Zoning Administrator may at his or her discretion refer the issue to the full Plan Commission for consideration.
(3) If the Zoning Administrator or Plan Commission determines that there remains cause to believe that a violation exists, the responsible party will be informed in writing of this decision and his or her right to appeal the decision to the Board of Zoning Appeals. An appeal must be initiated in writing, signed by the appellant, and signed and dated when received by the Zoning Administrator. A written notice of appeal must be received by the Zoning Administrator within 15 days of issuance of the written decision of the Zoning Administrator or Plan Commission. If no written request for appeal is received, the responsible party shall have an additional 15 days (i.e. 30 days from the date of the written determination) to correct the violation and pay the penalty.
(E) Civil enforcement.
(1) If a person upon whom a notice of violation is served pursuant to this chapter:
(a) Appears and denies the violation, but does not initiate a timely appeal and otherwise fails to pay the penalty or correct the violation within 30 days of the final determination;
(b) Fails to appear and either admits or denies the violation within 15 days of issuance of the third notice of violation;
(c) Fails to pay the specified civil penalty or to abate all violations within 30 days after admitting the violation (along with any duly granted extensions); or
(d) Fails to pay the specified civil penalty or to abate all violations within 30 days of the final decision of the Board of Zoning Appeals, then the Zoning Administrator shall refer the violation to the Town Attorney for appropriate enforcement action. If civil action becomes necessary the Town Attorney shall seek injunctive relief and shall seek to recover the unpaid penalties with prejudgment interest running from the date of the issuance of the final notice, plus costs and attorneys fees.
(2) Once a matter has been referred to the Town Attorney for enforcement, the Town Council must approve any offers to compromise that involve a payment of less than the full amount of any penalty plus costs and attorneys fees.
(F) Any person violating any provision of § 152.132 shall be fined no less than $50 nor more than $250 for each offense. Each day that such violation continues shall be regarded as a separate offense.
(Ord. passed - - )