(A)

For purposes of this chapter, the phrase "used for" shall include "arranged for," "designed for," "intended for," and "occupied for."

(B)

Terms and meanings. For the purpose of this chapter the following words and phrases shall have the following meanings ascribed to them respectively:

Accessory dwelling. A special use allowed in the R-3 and R-4 residence zones, when approved by the board of zoning appeals, consisting of a second dwelling unit which is accessory to the principal dwelling unit, at least 300 square feet in area and provided with additional off-street sparking spaces as required.

Accessory use or structure. A use or structure which is incidental and commonly associated with the principal use of the lot, operated and maintained under the same ownership and on the same lot as the principal use and, in residence zones, erected after or in conjunction with the erection/operation of the principal use in a clearly subordinate manner in terms of height, area, and bulk (see § 150.23 for accessory use or structure regulations).

Advertising, outdoor. Any device or means of identification, description, or illustration which is mobile or affixed to or erected upon a property, tract of land, a building, or a structure which directs attention to a product, place, activity, service, institution, or business (see § 150.212 for outdoor advertising regulations).

Adult bookstore. An establishment having as a preponderance of its stock in trade or its dollar volume in trade, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specialized anatomical areas.

Adult cabaret. A nightclub, bar, theater, restaurant or similar establishment which frequently features live performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas or which regularly feature films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

Adult drive-in theater. An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats in which a preponderance of the total presentation time is devoted to the showing of materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.

Adult entertainment business. An adult bookstore, adult motion picture theater, adult mini motion picture theater, adult motion picture arcade, adult cabaret, adult drive-in theater, adult live entertainment arcade or adult service establishment.

Adult live entertainment arcade. Any building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee to view from an enclosed or screened area or booth a series of live dance routines, strip performances or other gyrational choreography which performances are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas.

Adult mini motion picture theater. An enclosed building with a capacity of more than five but less than 50 persons, used for presenting films, motion pictures, video cassettes, slides or similar photographic reproductions in which a preponderance of the total presentation time is devoted to the showing of materials which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult motel. A hotel, motel or similar establishment offering public accommodations for any form of consideration which provides patrons, upon request, with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult motion picture arcade. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

Adult motion picture theater. An enclosed building with a capacity of 50 or more persons used for presenting films, motion pictures, video cassettes, slides or similar photographic reproductions in which a preponderance of the total presentation time is devoted to showing of materials which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult service establishment. Any building, premises, structure or other facility, or any part thereof under common ownership or control which provides a preponderance of services involving specified sexual activities or display of specified anatomical areas.

Airport. The area of land or water which is used or intended for use for the landing and taking off of aircraft, and any appurtenant areas which are used, intended for use, for airport buildings or airport facilities or rights-of-way.

Alley. A public way other than a street designed as a secondary means of access to abutting land and primarily used for vehicular access to the side and rear of such land and/or access for utilities and other services.

Anatomical exposure. The exposure of any human genital region, buttocks, female breasts, pubic areas, or any other part of the human anatomy, described as specified anatomical areas, designed to convey or express an erotic message. See also "specified anatomical areas."

Apartment. A room or suite of rooms arranged, designed, used, or intended to be used as a single housekeeping unit.

Apartment house. A building other than a duplex residence in which there are three or more dwelling units.

Block. A lineal measurement on and along a street which approximates 330 feet and which, under an ideal grid system of street layout, would be the distance from one intersecting street to the next intersecting street.

Board. The Delaware-Muncie Metropolitan Board of Zoning Appeals.

Boarding house. A residence in which table board or sleeping accommodations, or both, are provided, for compensation, for three or more, but not to exceed 15, persons. A "boarding house" shall be synonymous with "lodging house."

Breezeway. A roofed structure with open sides connecting one building and another building where the area cannot be heated for year-round use as living quarters.

Buffer. Screening that lessens the impact of one use on an adjacent use.

Buildable area. The net lot area remaining after deducting the required front, side, rear setbacks from the gross area of a lot or parcel of land of record.

Building. A roofed structure for the shelter, support, enclosure, or protection of persons, animals, or property; including all other structures of every kind, regardless of the similarity of buildings.

Building, detached. A building having no structural connection with another building.

Building, front. The wall of a building most nearly parallel with a street adjacent and the front line of the lot on which the principal use is conducted and/or the wall of a building containing the entrance to the building; when a building is to be located on the corner lot, the owner shall, for the purpose of this chapter, have the privilege of selecting which street shall be used to determine the front line of the lot, provided that such choice will not be injurious to the existing or future development of adjacent properties as determined by the administrative zoning officer and that such choice will not be contrary to the Uniform House Numbering Ordinance as determined by the plan commission.

Building line. The line establishing the minimum permitted distance on a lot between the front line of a building and the street right-of-way line; could be used interchangeably with "front setback line."

Building, principal. A building constituting the principal use of the lot.

Business office. An office used in the conduct of a business offering or selling a service such as, but not limited to, offices for real estate, insurance, brokers and consultants, and where the service does not involve the use of delivery trucks or other commercial vehicles or equipment.

Camp, public. Any area or tract of land used or designed to accommodate two or more automobile house trailers, mobile homes, cabins, tents, or other camping outfits, but not intended for permanent year-round occupancy.

Cemetery. Land used for the burial of the dead, including crematories and mausoleums.

Charitable institutions. A group, organization, or not-for-profit corporation organized and operated to provide care, help, relief, and assistance to those in need and not for the pecuniary gain of its trustees, directors, incorporators, or members. A not-for-profit corporation would be one where the articles of incorporation are on file with the secretary of state. Other groups and organizations would be on file with the consumer protection division of the office of the attorney general.

Child care centers. One of the special uses listed in this chapter consisting of any residence or institution operated for the purpose of providing care and maintenance to more than five children separated from their parent, guardian, or custodian, excluding relatives of the person operating the care center.

Church. A permanently located building commonly used for religious worship, fully enclosed with walls and having a roof (canvas or fabric excluded), and including accessory buildings housing facilities commonly associated with such religious worship.

Clinic. An establishment where patients are admitted for special study and treatment by two or more licensed physicians and their professional associates, practicing medicine together.

Club, private. Buildings and facilities owned or operated by a corporation, association, or person for a social, educational, or recreational purpose, but not for profit which inures to any individual and not primarily to render a service which is customarily carried on as a business. The affairs and management of a private club are conducted by a board of directors, an executive committee or a similar body chosen by the members at an annual meeting. The serving of food and the sale of alcoholic beverages to members and their guests shall be permitted, provided it is secondary and incidental to the promotion of a common objective by the organization.

Collector. A roadway, so designated by the Official Thoroughfare Plan, intended to collect and distribute local traffic to primary and secondary arterials; its primary function involves both traffic movement and access to abutting properties; the right-of-way is 60 feet.

Commission. The Delaware-Muncie Metropolitan Plan Commission.

Comprehensive plan. An overall development plan consisting of the Zoning Ordinance, the Subdivision Ordinance, the Flood Plain Management Ordinance, the Official Thoroughfare Plan, the Final Land Use Plan, the Uniform House Numbering Ordinance, and like ordinances governing and directing planning and zoning in the county and the city. Also known as the Master Plan.

Condominium. A dwelling unit which is usually part of a building containing two or more dwelling units where such units may be individually owned and the land may be under group ownership.

Country club. A type of private club.

Density. A term indicating the number of dwelling units per acre for an area, which is determined by dividing the square footage of an acre (43,560 square feet) by the minimum amount of lot area allowed in the appropriate zone.

Development standards. The requirements set forth in this chapter governing the development of a property such as maximums and minimums for height, area, bulk, setbacks, parking, and accessory structures or uses.

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

Dwelling. A building or portion thereof used primarily as a place of abode for one or more human beings, but not including hotels, lodging houses, boarding houses, tourist homes, or motels.

Dwelling, attached. A dwelling which is joined to another dwelling at one or more sides by party walls.

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

Dwelling, multiple-family. A building or portion thereof containing three or more dwelling units with no more than one family per dwelling unit.

Dwelling, single-family. A building containing one dwelling unit for one family.

Dwelling, two-family. A building containing with no more than one family per dwelling unit two dwelling units.

Dwelling, unit. One or more rooms arranged, designed, or used as living quarters for one family containing cooking, bathing, and sleeping facilities which serve only such room or rooms with no through access to a room or rooms similarly arranged, designed, or used; the term "housekeeping unit" shall denote dwelling unit.

Establishing an adult entertainment business. Any of the following: the opening or commencement of any such business as a new business; the conversion of an existing business, whether or not an adult entertainment business, to any of the adult entertainment businesses defined herein; the addition of any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or the relocation of any such business.

Expressway. A roadway, so designated by the official thoroughfare plan, intended for high-speed, high-volume continuous traffic with controlled access; its function is traffic movement; the right-of-way is 150 feet.

Family. One or more persons living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, nursing home, fraternity, sorority house, boarding house or dormitory.

Floor area.

(a)

When used to determine compliance with the minimum floor area requirements for a residence, it shall mean the sum of the horizontal areas of the several floors of the residence measured from the exterior faces of the exterior walls or from the center line of common walls separating residences, excluding carports, garages, breezeways, or open porches.

(b)

When used to determine lot coverage, it shall mean the horizontal area of the ground floor of a building measured from the exterior faces of the exterior walls of such building; and

(c)

When used to determine the number of off-street parking spaces required for nonresidential uses, buildings and structures, it shall mean the sum of the horizontal areas of the several floors of the building measured from the interior faces of the interior walls.

Fraternity. A dwelling or dwelling unit maintained exclusively for fraternity members and their guests or visitors and affiliated with an academic or professional college, university, or other institution of higher learning.

Front setback. The distance required, as set forth in each zone, from the front lot line to the closest point of the wall of the building or to the closest part of a structure placed on a lot.

Front setback line. A line which establishes the front setback area of a lot, generally parallel to and generally equidistant from the street right-of-way line; also, front building line.

Frontage. All property fronting on one side of a street between two intersecting streets, measured along the street right-of-way.

Garage, community. Two or more private garages.

"Garage, private. A compartment within or attached to a residence, or any building located on land on which a residence is located, designed, arranged, used, or intended to be used for the storage of the private passenger automobiles of the occupants of the residence.

Garage, public. Any building other than a private garage or a community garage designed, arranged, used, or intended to be used for the storage of motor vehicles other than trucks, tractors, truck trailers, and commercial vehicles exceeding two-ton capacity.

Green belt. An area of land with softscaped treatment consisting of natural vegetative material such as greenery, plants, grass and trees.

Gross floor area (GFA). The interior floor area of buildings and structures used to determine off-street parking spaces.

Group housing. A term used to describe a type of special use as listed in this chapter referring to a situation where one dwelling unit may be used to house four or more persons unrelated by blood, marriage or adoption when approved by the board of zoning appeals (see § 150.225 for specific regulations).

Health center. A convalescent home, nursing home, rest home, institution for human care, or health resort.

Height, building or structure. The vertical distance from the average established curb grade in front of the lot or from the average finished grade, at the building line, if higher, to the top of the highest point of the building or structure.

Home occupation. A special use. It is an occupation conducted in a dwelling by a member of the resident family. This use permits clientele to come to the business but limits and controls such activity to that which does not interfere with the principal use of the premises as a residence, nor adversely affect the residential character, use, or value of the adjacent area. This special use does not allow rummage, yard, porch, or garage sales or similar activity.

Hotel. A building containing rooms intended or designed to be used, or which are used, rented, hired out to be occupied, or which are occupied for sleeping purposes by guests, and where general kitchen and dining room facilities are provided within the building or in an accessory building.

Improvements. Any work done, or any facility, structure, or building placed, on or off of a property involving proposed development such as streets, sidewalks, sewers, utility transmission facilities, storm drains and flood control, monuments, landscaping, screening and any other work or facility required by ordinance.

Institution, educational. A public, parochial, charitable, or nonprofit college, university, other than trade or business school, including instructional and recreational uses with or without living quarters, dining rooms, restaurant, heating plants, and other incidental facilities for students, teachers, and employees.

Junk. Scrap metals and their alloys, bones, used materials and products such as rags, cloth, rubber, rope, tin foil, bottles, lumber, wastepaper, boxes, crates, old tools, machinery, fixtures, and appliances with negligible remaining utility, and other goods uneconomical to repair or unusable.

Junkyard. A salvage yard. The purchase or storage of used furniture, household equipment, and used cars in operable condition with current state vehicle license plates or current registration, are not included.

Kennel. The use of land or buildings for the purpose of selling, breeding, boarding, or training animals other than farm animals; or the keeping of four or more dogs over four months old, of six or more cats over four months old, or more than five dogs and cats.

Landbank. A process whereby land is set aside as green space and reserved for a future use.

Local street. A roadway, so designated by the official thoroughfare plan, intended for local traffic within neighborhoods; its primary function is to provide access to abutting properties; the right-of-way is 50 feet.

Lot. A parcel, property, plot, tract of land, or like term used to designate a particular piece of land.

Lot, area. The area of a horizontal plan bounded by the front, side, and rear lot lines of a lot, but not including any area occupied by dedicated alleys, streets, or recorded lakes or rivers.

Lot, corner. A lot fronting on two or more streets at their intersection.

Lot coverage. The portion of the lot area which is covered by principal buildings and accessory buildings.

Lot, depth. The mean horizontal distance measured from the front lot line to the rear lot line.

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

Lot line. The property lines bounding a lot.

(a)

Front. The lot line separating a lot from a street; in the case of a corner lot, the owner shall have the privilege of selecting which street shall be used to determine the front lot line, provided that such choice will not be injurious to the existing or future development of adjacent properties as determined by the administrative zoning officer and that such choice will not be contrary to the Uniform House Numbering Ordinance as determined by the plan commission.

(b)

Rear. The lot line which is opposite and most distant from the front lot line.

(c)

Side. Any lot line not a front line or a rear line; where the lot is on a corner, the side lot line separating a lot from a street shall be called the side street lot line.

Lot of record. A parcel of land designated as a lot on a plat or subdivision recorded or registered pursuant to the statutory provisions; a single tract of land which, at the time of filing for an improvement location permit or a building or zoning permit, is designated by its owner or developer as a tract to be used, developed, or built upon as a unit under single ownership and is so recorded in the county office of the recorder.

Lot width. The mean horizontal distance between the side lot lines measured at right angles to the depth.

Manufactured home. A dwelling unit fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with Federal Manufactured Housing Construction and Safety Standards Code or Indiana Public Law 360, Acts of 1971, as promulgated by the state fire prevention an building safety commission; also refers to modular homes.

Maps. All official zone maps made a part of this chapter.

Massage. Any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the human body specified anatomical areas with the hands or with the aid of any mechanical electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment, or other such similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his behalf will pay money or give any other consideration or any gratuity therefore. However, massage as used in this ordinance shall not apply to the activity of any person who is registered or licensed by the United States Government or any agency thereof, by the State of Indiana or any agency thereof, by Delaware County or any agency thereof, by any city or town within Delaware County or any agency thereof, or registered or licensed by any statute or ordinance of the United States, State of Indiana, Delaware County or any city or town in Delaware County, while such person so registered or licensed is performing the services for which the registration or license was issued and during the period of time said registration or license is in effect.

Massage establishment. Any establishment having a source of income or compensation derived from the practice of massage as herein defined and which has a fixed place of business where any person, firm, association, or corporation engages in or carries on any of the activities as defined in a massage.

Mobile home. A transportable dwelling unit larger than eight feet in body width and longer than 32 feet in body length and designed to be used as a year-round dwelling unit, built prior to June 15, 1976.

Mobile home park. An area of land upon which two or more manufactured homes or mobile homes are harbored for the purpose of being occupied as principal residences and which includes all real and personal property used in the operation of the park. This includes subdivided lots which are leased, owned, or otherwise contracted or where the lots are at least 3,000 square feet in area but not necessarily of sufficient size to meet the required lot area for single-family dwellings in a residence zone.

Motel. A building or group of buildings in which lodging is provided and offered to the public, for compensation, and catering primarily to the traveling public.

Nonconforming adult use. Any building, structure or land lawfully occupied by an adult entertainment business or lawfully situated at August 7, 1989, which does not conform after August 7, 1989, with the regulations of this chapter.

Nonconforming building or structure.

(a)

Lawful. A building or structure which does not comply with the development standards of this chapter and which was established prior to November 5, 1973, and is still in existence (see § 150.24 for regulations).

(b)

Unlawful. A building or structure which does not comply with the development standards of this chapter and which was established on or after November 5, 1973 (see § 150.11 for regulations).

Nonconforming use.

(a)

Lawful. A use of land, buildings, or structures which does not comply with the usage provisions of the zone in which such use is located and which was established prior to November 5, 1973, and which has not been, at any time, discontinued for one year or longer (see § 150.24 for regulations).

(b)

Unlawful. A use of land, buildings, or structures which does not comply with the usage provisions of this zone in which such use is located and which was established on or after November 5, 1973 (see § 150.11 for regulations).

Nursing home. A facility providing human care and service for the aged, convalescent, chronically ill, or incurable and in which three or more persons are received, kept, and provided with such care and service for compensation; similar terms include convalescent home, rest home, and health care center.

Official thoroughfare plan. A development plan for the roadway system which classifies the various roads, establishes right-of-ways and projects traffic patterns by volume, population and trip generation.

Open porch. A porch open on three sides, except for wire screening. A porch shall not be considered open if enclosed on the three sides in a manner which would allow the perch area to be heated and used as year-round living quarters. This open concept shall apply to patios, balconies, breezeways, and like extensions off of a principal building.

Owner. A person who owns a lot by virtue of his name being on the Muncie deed to the property with the deed being duly recorded in the county office of the recorder or a person who is a contract purchaser of a property; or a person who has entered into a long term lease agreement such as an 89-year lease.

Parking lot. A parcel of land devoted to parking spaces for four or more motor vehicles, for compensation or otherwise, having an all-weather dust-free surface, enclosed or unenclosed connected to a street and providing satisfactory ingress and egress for customers.

Parking, space. A parking space for one vehicle consisting of a minimum 162 square feet in area.

Planned unit development. One of the special uses listed in this chapter; a term used to denote a type of development which is under one design plan where the standard setbacks, lot area, and lot dimensions may be waived in favor of a design plan emphasizing aesthetics, open space, and efficient use of land through innovations in type, design, and layout of dwellings. A planned unit development (PUD) may consist of detached dwelling units, duplexes, townhouses, clusters of units, patio homes, garden apartments, zero lot line units, and so on, and may be a mixture of the various types of units.

Primary arterial. A roadway, so designated by the official thoroughfare plan, intended for high-volume through traffic; its primary function is traffic movement achieved through turn lanes, channelization and medians; the right-of-way is 100 feet.

Principal use. The primary use of a property, building or structure in terms of being foremost in financial worth or scope of operation such as the dwelling unit on a residentially zoned lot, the selling of grocery items in a retail store containing video games, or the assembly plant of a manufacturing operation.

Professional office. An office used in the conduct of a profession or vocation requiring.training in the liberal arts or the sciences and/or advanced study in a specialized field such as, but not limited to, a doctor, lawyer, engineer, dentist, or surveyor.

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; for example, a canopy or a balcony is an architectural feature, and a bay window or chimney is a part of a supporting wall.

Public building. Any structure, edifice, or building, regardless of location, held, used or controlled for public purposes by any department or branch of government, state, county, or municipal, without reference to the ownership of the building or of the realty upon which it is situated.

Public Land. Any real estate in which any governmental organization or entity has a legal, or equitable, interest. This term shall not include any public streets, highways, roads or alleys since these terms are included in the definition of "street" and "alley".

PUD. A planned unit development.

Recreational vehicle. Any portable vehicular structure not built to the national manufactured housing construction and safety standards code, designed to provide temporary living quarters for recreational, camping or travel use, including but not limited to travel trailers, collapsible trailers, truck campers, motor homes, and multi-use vans; they are intended for temporary residential uses and should be occupied only in RV parks.

Religious institution. A church, chapel, temple, synagogue, convent, seminary, monastery, nunnery, rectory, parsonage, parish house, or similar facilities for the conduct of religious worship.

Rummage sale. A type of accessory use consisting of the selling, by the owner, not to exceed two times per calendar year in each time not to exceed seven successive days in duration, of tangible personal property. The term shall be synonymous with garage sale, yard sale and similar terms.

Salvage yard. One of the special uses listed in this chapter and consisting of an area where waste paper, rags, or discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled; a salvage yard shall include auto wrecking yard, dismantling of machinery, house wrecking yard, used lumber yard, and places or yards for the storage of salvaged house wrecking and structural steel materials and equipment; the term shall be synonymous with junk yard (see § 150.218 for specific regulations).

Screening. A buffer consisting of either an earth berm, a masonry wall, a wooden fence, a stucco wall, a chain-link type metal fence using durable permanently affixed slats to create a substantially opaque surface, a dense evergreen hedge that will grow to the required height and density within two growing seasons, or any combination of these materials which will effectively block visibility.

Secondary arterial. A roadway, so designated by the official thoroughfare plan, intended for high volume through and local traffic; its primary function is traffic movement; the right-of-way is 80 feet.

Services involving specified sexual activities or display of specified anatomical areas. As used in "adult service establishment" any combination of two or more of the following activities: the sale or display of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; the presentation of films, motion pictures, video cassettes, slides, or similar photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons: the operation of coin or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices to show images to five or fewer persons per machine at any one time and where the images, so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas; 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 specified sexual activities, or specified anatomical areas; the operation of a massage establishment.

Sexual activities. Sexual intercourse or deviate sexual conduct, real or simulated, exhibition of the uncovered genitals of a person in the context of masturbation or other sexual activities, provocative, erotic, or suggestive dance which is intended to convey an erotic message. See also "specified sexual activities."

Sign. Any outdoor sign, display, notice, bulletin, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designated, intended or used to advertise or inform.

Special use. A type of use which is listed under the various residence zones as being allowed when approved by the Delaware-Muncie metropolitan board of zoning appeals; also, one of the uses listed under §§ 150.215 through 150.227, which gives the general procedure for filing with the board of zoning appeals, consisting of mineral extraction, salvage yard, refuse disposal site, planned unit development, truck terminals, home occupation, seasonal work camps, private outdoor camps, group housing, care centers and multi-unit developments. Some special uses are seen as being potentially compatible with the principal uses permitted in a zone and some special uses are of a sufficient intensity, with a potentially adverse impact on surrounding uses, as such that they must be approved through a public hearing process before the board of zoning appeals.

Specified anatomical areas. Any of the following: less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities. Any of the following: human genitals in a state of sexual stimulation or arousal: acts of human masturbation, sexual intercourse or sodomy: fondling or other erotic touchings of human genitals; pubic regions, buttocks or female breasts; flagellation or torture in the context of a sexual relationship; masochism, erotic or sexually oriented torture, beating or the infliction of pain; erotic touching, fondling or other such contact with an animal by a human being; or human excretion, urination, menstruation, vaginal or anal irritation as part of or in connection with any of the activities set forth above.

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, the space between any floor and the ceiling next above it. A basement shall be counted as a story for height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet, or if used for dwelling or business purposes.

Street. A public right-of-way not less than 50 feet in width unless otherwise required in the official thoroughfare plan for the city; the right-of-way established in a recorded plat to provide the principal means of access to abutting property; a public right-of-way open to the general public.

Townhouse. A dwelling unit which usually consists of two stories and is usually attached to like dwelling units by common walls.

Yard. A space on the same lot with a main building, open, unoccupied, and unobstructed by structures.

Yard, corner side. The side yard fronting on the street which intersects the street running on and along the front lot line.

Yard, front. An open, unoccupied space on the same lot with a building, extending the full width of the lot and situated between the street right-of-way line and the front line of the building projected to the side lines of the lot.

Yard, rear. A yard extending across the full width of the lot between the rear of the main building and the rear lot line, the depth of which is the least distance between the rear lot line and the rear of the main building.

Yard, side. A yard between the main building and the side lot line, extending from the front yard to the rear yard, the width of which is measured horizontally at 90 degrees with the side lot line.

Zero lot line. A term referring to a type of development where the principal buildings are not subject to a side setback; the buildings might be offset to one side where one side wall abuts the side lot line and the other side wall is set back from the other side lot line or one building might share common walls with another building.

(Code 1968, §§ 130.260, 130.261; Ord. No. 41-86, 8-4-86; Ord. No. 40-85, 4-7-86; Ord. No. 42-86, 8-4-86; Ord. No. 74-88, 12-15-88; Ord. No. 40-89, 8-7-89; Ord. No. 12-95, §§ 4, 5, 5-8-95; Ord. No. 89-95, § 1, 11-3-95; Ord. No. 90-95, § 1, 11-5-95)