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Princeton City Zoning Code

ARTICLE II

DEFINITIONS

Sec. 2.00.- Application and interpretation.

A.

For the purpose of these regulations, certain numbers, abbreviations, terms, words, and phrases used herein shall be used, interpreted, and defined as set forth in this article.

B.

Whenever any words and phrases used herein are not defined herein but are defined in the state laws regulating the creation and function of various planning agencies, any such definition therein shall be deemed to apply to such words and phrases used herein, except when the context otherwise requires.

C.

For the purpose of these regulations, certain words and phrases used herein shall be interpreted as follows:

1.

The word "person" includes an individual, firm, association, organization, partnership, trust, company, corporation, or any other legal entity.

2.

The masculine includes the feminine.

3.

The present tense includes the past and future tense; the singular number includes the plural.

4.

The word "shall" is a mandatory requirement; the word "may" is a permissive requirement; and the word "should" is a preferred requirement.

5.

The words "used" or "occupied" include the words "intended, arranged, or designed to be used or occupied."

6.

The word "lot" includes the words "plot," "parcel," and "tract."

Sec. 2.01. - Words and phrases defined.

Accessory use or accessory structure: A building or use subordinate to another structure or use located on the same lot and which does not change or alter the character of the premises and which is not used for human occupancy.

Agriculture: The use of land for farming, dairying, pasturage, agriculture, apiculture, horticulture, floriculture, viticulture, animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce, provided however, that:

a.

The operation of any such accessory uses shall be secondary to that of normal agricultural activities;

b.

The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within 100 feet of any residential zoning district;

c.

The agriculture does not include the operation or maintenance of a commercial stockyard or feedlot where large numbers of livestock are fed concentrated feeds particularly for the purpose of fattening for market.

Airport: Any location either on land, water, or structure which is designed or used for the landing and taking off of aircraft, including all necessary buildings and facilities, if any.

Alteration: Any change, addition, or modification in construction, or any change in the structural members of a building, such as bearing walls, columns, beams, or girders.

Auction use: A building or any specific closed or open area where merchandise is assembled and sold by a form of sale called an auction.

Automotive, mobile home, travel trailer, farm implement, and construction machinery sales: The sale or rental of new or used motor vehicles, mobile homes, travel trailers, farm implements, and construction machinery, but not including major repair work except warranty and incidental repair of same, to be displayed and sold on the premises.

Basement: A portion of the building partly underground, but having less than half its clear height below the average grade of the adjoining ground.

Block: A tract of land bounded by streets, or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.

Board: The board of zoning appeals.

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

Building: Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind, and includes any structure.

Building, accessory: A subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the principal building or use.

Building area: The maximum horizontal projected area of the principal and accessory building, excluding open steps or terraces, unenclosed porches, or architectural appurtenances projected not more than two feet.

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

Building, front line of: The line of the face of the building nearest the front lot line.

Building, height of: The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridges for gable, hip, and gambrel roofs.

Building, principal: A building in which is conducted the main or principal use of the lot on which said building is situated.

Building setback line: The line, established by this ordinance, beyond which a building shall not extend unless varied according to procedures in this ordinance. Also called a "building line".

Business, convenience: Commercial establishments which cater to and can be located in close proximity to or within residential districts without creating excessive congestion, noise, or other objectionable influences. Convenience uses include, but need not be limited to, drugstores, beauty salons, barbershops, carry-outs, dry cleaning and laundry facilities, and small grocery stores, if the aggregate total floor area of such facilities does not exceed 10,000 square feet. Uses in this classification tend to serve the day-to-day needs of the neighborhood.

Business, general: Commercial uses which generally require locations on or near major arterials and/or their intersections, and which tend, in addition to serving day-to-day needs of the neighborhood, also supply the more durable and permanent needs of the whole community. General business uses include, but need not be limited to, such activities as major supermarkets, stores that sell hardware, apparel, footwear, appliances and furniture, and various department and discount stores. Also included here may be drive-in banks.

Business, highway: Commercial uses which generally require locations on or near major arterials and/or their intersections, and which tend to serve the motoring public. Highway business uses include, but need not be limited to, such activities as filling stations, automotive sales and service, restaurants and motels, and commercial recreation.

Business, office type: Quasi-commercial uses which may often be transitional between retail business and/or manufacturing and residential uses. Office business generally accommodates such occupations as administrative, executive, professional, accounting, clerical, and drafting. Institutional offices of a charitable, philanthropic, or religious or educational nature are included here.

Business services: Any activity which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in businesses and homes.

Business, wholesale: Business establishments that generally sell commodities and materials in large quantities or by the piece to retailers, jobbers, other wholesale establishments, or manufacturing establishments. These commodities are basically for further resale, for use in the fabrication of a product, or for use by a business service.

Camp, public: Any area or tract of land used or designed to accommodate two or more automobile house trailers, mobile homes, or two or more camping parties, including cabins, tents, or other camping outfits.

Carport: A structure with a roof supported by columns and/or one or more solid walls for the shelter of automobile(s).

Cellar: A portion of the building partly underground, but having half or more of its clear height below the average grade of the adjoining ground.

Cemetery: Land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery for which perpetual care and maintenance is provided.

Channel: A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.

Characteristics of use: The use which is characteristic or the principal use of an area of land, a building or structure.

Clinic: A building used for the care, diagnosis and treatment of sick, ailing, infirm, or injured persons, and those who are in need of medical and surgical attention, but which building does not provide board, room, or regular hospital care and services.

Club: A building or portion thereof or premises owned or operated by a person for a social, literary, political, educational, or recreational purpose primarily for the exclusive use of members and their guests, but not including any organization, group, or association, the principal activity of which is to render a service usually and ordinarily carried on as a business.

Commercial entertainment facility: Any activity which is generally related to the entertainment field, such as a motion picture theater, carnival, cocktail lounge, nightclub, and similar entertainment activities.

Comprehensive (development) plan: A plan, or any portion thereof, adopted by the plan commission and the legislative authority of the city, showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, parks, schools, and transportation and other community facilities.

Conditional use: A special use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the board of zoning appeals. Conditional uses permitted in each district are listed in the official schedule of district regulations or special exceptions.

Conditional use permit: A permit issued by the zoning inspector upon approval by the board of zoning appeals to allow a use other than a principally permitted use to be established within the district.

Confinement feeding: Any time 300 or more cattle, 600 or more swine or sheep, or 30,000 or more fowl are housed (or penned) and fed in a confined area. Definition from the Indiana State Board of Health.

Cul-de-sac: See Street.

Density: A unit of measurement; the number of dwelling units per acre of land.

a.

Gross density: The number of dwelling units per acre of the total land to be developed, including public right-of-way.

b.

Net density; The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding public right-of-way.

District: A part of the city wherein restrictions of this ordinance are uniform.

Driveway: A private road which provides access to a lot, or to a use located on such lot, from a public way.

Dwelling: A fixed structure or building, containing one or more dwelling units.

Dwelling, industrialized unit: An assembly of materials or products comprising all or part of a total structure which, when constructed, is self-sufficient or substantially self-sufficient and when installed, constitutes a dwelling unit, except for necessary preparations for its placement, and including a modular or sectional unit but not a mobile home.

Dwelling, multifamily: A dwelling consisting of three or more dwelling units including condominiums with varying arrangements of entrances and party walls.

Dwelling, single-family: A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space.

Dwelling, two-family: A dwelling consisting of two dwelling units which may be either attached side by side or one above the other, and each unit having a separate or combined entrances or entrance. Includes condominiums.

Dwelling unit: A room or group of rooms designed and equipped exclusively for use as living quarters for only one family and its household employees, including provisions for living, sleeping, cooking, and eating. The term shall include mobile homes, but shall not include travel trailers or recreational vehicles.

Easement: An authorization or grant by a property owner to specific person(s) or to the public to use land for specific purposes.

Essential services: The erection, construction, alteration, or maintenance of gas, electrical, communication facilities, stream [steam], fuel or water transmission or distribution systems, collection, supply or disposal systems. Such systems may include towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar accessories, but shall not include buildings which are necessary for the furnishing of such services.

Family: One or more persons occupying a single dwelling unit.

Farm: An area used for agricultural operations including truck gardening, forestry, the operation of a tree or plant nursery, or the production of livestock and poultry.

Farm vacation enterprises (profit or nonprofit): Farms adapted for use as vacation farms, picnicking and sports areas, fishing waters, camping, scenery, and nature recreation areas; hunting areas; hunting preserves, and watershed projects.

Fence: A structure, including entrance and exit gates, designed and constructed for enclosure or screening.

Flood (or floodwater): The temporary inundation of land adjacent to and inundated by overflow from a river, stream, lake, or other body of water.

Flood control: The prevention of floods, the control, regulation, diversion, or confinement of floodwater or flood flow, and the protection therefrom, according to sound and accepted engineering practice, to minimize the extent of floods, and the death, damage and destruction caused thereby, and, all things incidental thereto or connected therewith.

Flood hazard area: A floodplain, or portion thereof, which has not been adequately protected from floodwater by means of dikes, levees, reservoirs, or other works approved by the Indiana Department of Natural Resources Commission.

Floodplain: The relatively flat area or low land adjoining the channel of a river or stream which has been or may be covered by floodwater. The floodplain includes the channel, floodway, and floodway fringe.

Flood, regulatory (or regional): A flood having a peak discharge which can be expected to 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. The 100-year frequency flood is equivalent to a flood having a probability of occurrence of one percent in any given year (a flood magnitude which has a one percent chance of being equalled or exceeded in any given year).

Floodway: The channel of a river or stream and those portions of the floodplain adjoining the channel, which are reasonably required to carry and discharge the floodwater or flood flow of any river or stream.

Floodway fringe: Those portions of the flood hazard areas lying outside the floodway.

Floor area, gross: The sum, in square feet, of the floor areas of all roofed portions of a building, as measured from the interior faces of the exterior walls. It includes the total of all space on all floors of a building. It does not include porches, garages, or space in a basement or cellar when said basement or cellar space is used for storage or other such incidental uses. The gross floor area is generally applied in residential use.

Floor area, net: The floor area of the specified use excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms, storage spaces, display windows, fitting rooms, etc., in a nonresidential building. The net area is used in calculating parking requirements.

Floor area, usable: Same as gross floor area.

Floor area ratio: The floor area of the building divided by the area of the lots on which such building is located.

Food processing: The preparation, storage, or processing of food products. Examples of these activities include bakeries, dairies, canneries, etc.

Garage, private: An accessory building, or an accessory portion of the principal building, used for storing or parking of automobiles, recreational vehicles and/or boats of the occupants of the premises and wherein not more than one space is rented for parking to a person not a resident of the premises.

Garage, public: A principal or accessory building other than a private or storage garage, used for parking or temporary storage of passenger automobiles, and in which no service shall be provided for remuneration.

Garage, storage: Any building or premises, used for housing only motor-driven vehicles, other than trucks and commercial vehicles.

Grade: The average level of the finished surface of ground adjacent to the exterior walls of the building.

Home occupation: An occupation conducted in a dwelling unit, provided that:

a.

No more than one person other than members of the family residing on the premises shall be engaged in such occupation;

b.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of floor area of the dwelling unit shall be used in the conduct of the home occupation;

c.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding four square feet in area, nonilluminated, and mounted flat against the wall of the principal building;

d.

No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this ordinance and shall not be located in a required front yard.

e.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

Hotel or motel and apartment hotel: A building in which lodging or boarding and lodging are provided and offered to the public for compensation. As such, it is open to the public in contradistinction to a rooming house, boarding house, lodging house, or dormitory which is herein separately defined.

Improvement location permit: A permit stating that the proposed erection, construction, enlargement or moving of a building or structure referred to therein complies with the provisions of the comprehensive plan of the City of Princeton.

Institution: Building(s) and/or land designed to aid individuals in need of mental, therapeutic, rehabilitative counseling, or other correctional services.

Junkyard: Any place at which personal property is or may be salvaged for reuse, resale, or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or assorted; including, but not limited to, used or salvaged base metal or metals, their compounds or combinations, used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick, and similar property except animal matter; and used motor vehicles, machinery or equipment which are used, owned, or possessed for the purpose of wrecking or salvaging parts therefrom.

Kennel: Any premises where four or more animals over four months of age are housed, groomed, bred, boarded, trained, or sold and which may offer provisions for minor medical treatment.

Livestock: Any animal which has been domesticated primarily for agricultural purposes, but not including house pets such as dogs, cats, canaries, or any other similar animal or fowl usually considered a house pet.

Loading space, off-street: Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space. All off-street loading spaces shall be located totally outside of any street or alley right-of-way.

Lot: For the purposes of this ordinance, a lot is a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:

a.

A single lot of record;

b.

A portion of lot of record;

c.

A combination of complete lots of record, or of complete lots of record and portions of lots of record, or of portions of lots of record.

Lot area: The area of any lot shall be determined exclusive of street, highway, alley, road, or other rights-of-way.

Lot coverage: The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.

Lot frontage: The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under yards in this section.

Lot line, front: Lot line(s) bounding a lot as follows:

a.

Interior lot: The line separating the lot from the street right-of-way.

b.

Corner or through lot: The line separating the lot from either street right-of-way.

Lot line, rear: The boundary of a lot which is most distant from and is, or is most nearly parallel to the front lot line. In the case of a triangular-or irregular-shaped lot, an imaginary line between the side lot lines parallel to the front lot line, ten feet long, lying farthest from the front lot line. On a corner lot, the rear lot line shall be opposite the front lot line of least dimension.

Lot line, side: Any boundary of a lot which is not a front lot line or rear lot line.

Lot, measurement of: A lot shall be measured as follows:

a.

Depth: The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

b.

Width: The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line.

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

Lot types: Terminology used in this ordinance with reference to different types of lots is as follows:

a.

Corner lot: A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if tangent projections of the front lot lines drawn perpendicular at the side lot lines meet at an interior angle of less than 135 degrees in front of the lot.

b.

Interior lot: A lot with only one frontage on a street.

c.

Through lot: A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.

d.

Reversed frontage lot: A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.

Maintenance and storage facilities: Land, buildings, and structures devoted primarily to the maintenance and storage of construction equipment and material.

Manufacturing, extractive: Any mining, quarrying, excavating, processing, storing, separating, cleaning, or marketing of any mineral natural resource.

Manufacturing, heavy: Manufacturing, processing, assembling, storing, testing, and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation; and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution, and water pollution, but not beyond the district boundary.

Manufacturing, light: Manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet, and free of objectionable or hazardous elements such as smoke, noise, odor, or dust; operating and storing within enclosed structures; and generating little industrial traffic and not [no] nuisances.

Mobile home: Any vehicle originally constructed or designed for mobility, and in such a manner to permit the occupancy thereof as a dwelling or sleeping place, either self-propelled, or nonself-propelled, shall be considered mobile and not a permanent structure or building although the means or devices for mobility have been removed therefrom and their function replaced by a permanent type of foundation or anchorage to the land, and further shall be required to conform to the regulations and restrictions for the district so located.

Mobile home park: An area of land upon which five or more mobile homes are harbored for the purpose of being occupied as principal residences and includes all real and personal property used in the operation of the mobile home park. An area of land that is subdivided and contains individual lots which are leased or otherwise contracted for is a mobile home park if five or more mobile homes are harbored there for the purpose of being occupied as principal residences.

Nonconforming use: A building, structure, or use of land existing at the time of enactment of this ordinance, and which does not conform to the regulations of the district in which it is situated.

Nursery, nursing home: A home or facility for the care and treatment of babies, children, pensioners, or elderly people.

Nursery, plant materials: Land, buildings, structures, or combination thereof or the storage, cultivation, transplanting of live trees, shrubs, or plants offered for retail sale on the premises including products used for gardening and landscaping.

Open space: A public or private outdoor area expressly set aside for the use and benefit of many unrelated people. The area may include, along with the natural environment features, water areas, swimming pools, tennis courts, and other recreational facilities that the plan commission deems permissive. Streets, parking areas, structures for habitation, and the like shall not be included in open space area calculations.

Ordinance: Any legislative action, however denominated, of a local government which has the force of law, including any amendment or repeal of any ordinance.

Parking space, off-street: For the purposes of this ordinance, an off-street parking space shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally off public right-of-way.

Parking stall: The area required for parking one automobile, with its attendant maneuvering room. The area required for a parked car is to be ten feet wide and 22 feet long.

Party wall: A wall starting from the foundation and extending continuously through all stories to or above the roof which separates one building from another and is in joint use by each building.

Performance bond or surety bond: An agreement by a subdivider or developer of the city for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.

Personal services: Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barbershops, beauty parlors, and similar activities.

Planned unit development (PUD): An area of land in which a variety of residential, commercial, and industrial uses are planned and developed as a whole according to comprehensive and detailed plans with more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations.

Premises: One or more lots which are in the same ownership and are contiguous or separated only by a road or water body, including all buildings, structures, and improvements.

Principal building: The building in which the principal use of the lot is conducted.

Principal use: The primary use to which the premises are devoted, and the main purpose for which the premises exist.

Private school: Private preprimary, primary, grade, high, or preparatory school or academy.

Professional activities: The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, engineers, and similar professions.

Prohibited use: A use marked as prohibited for a certain district in the schedule of uses is not to be allowed to locate in said district except as specified under nonconformities.

Public right-of-way: A general term denoting land, property, or interest therein, usually in a strip, acquired for or devoted to a transportation facility.

Public service facility: The erection, construction, alteration, operation, or maintenance of buildings, power plants, or substations, water treatment plants or pumping stations, sewage disposal or pumping plants, and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communications, water and sewerage services.

Public uses: Public parks, schools, administrative, and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.

Public utility: Any person, firm, or corporation duly authorized to furnish electricity, gas, steam, telephone, telegraph, water or sewerage systems to the public under public regulation.

Quasi-public use: Churches, Sunday schools, parochial schools, colleges, hospitals, and other facilities of an educational, religious, charitable, philanthropic, or nonprofit nature.

Recreational equipment, major: Equipment which must be hauled on a trailer with two or more wheels or which has two or more wheels attached, or which is self-propelled with wheels, including boats, trailers, and recreational vehicles.

Recreational facilities: Public or private facilities that may be classified as either "extensive" or "intensive" depending upon the scope of services offered and the extent of use. Extensive facilities generally require and utilize considerable areas of land and include, but need not be limited to, hunting, fishing, and riding clubs and parks. Intensive facilities generally require less land (used more intensively) and include, but need not be limited to, miniature golf courses, amusement parks, stadiums, and bowling alleys.

Recreational vehicle (RV): A vehicle primarily designed as a temporary living quarters for recreation, camping or travel, either with their own motor power or mounted on or towed by another powered vehicle.

Recreation campground: An area of land on which two or more recreational vehicles, including campers, tents, or other similar temporary recreational structures are regularly accommodated with or without charge, including any building, structure, or fixture of equipment that is used or intended to be used in connection with providing such accommodations.

Replacement cost: The sum of money which would be required to re-erect a structure identical to the one in question.

Research activities: Research, development, and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation, and engineering. All research, testing, and development shall be carried on within entirely enclosed buildings, and no noise, smoke, glare, vibration, or odor shall be detected outside of said building.

Roadside stand: A temporary structure designed or used for the display or sale of agricultural and related products, or novelties and other items of interest, to the motoring public.

Rooming house (boardinghouse, dormitory, lodging house): A dwelling or part thereof, other than a hotel, motel, or restaurant where meals and/or lodging are provided for compensation, for three or more unrelated persons where no cooking or dining facilities are provided in the individual rooms.

Screening: A structure erected or vegetation planted for concealing an area from view.

Seat: For purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each 24 lineal inches of benches, pews, or space for loose chairs.

Service station, automobile: Any land, building, structure, or premises used for the sale at retail of motor vehicle fuels, oils, or accessories, or for servicing or lubricating motor vehicles, or for installing or repairing parts and accessories, but not including the repairing or replacing of motors, bodies or fenders of motor vehicles or painting motor vehicles, public garages, and the open storage of rental vehicles or trailers.

Setback line: A line established by the zoning ordinance, generally parallel with and measured from the lot line, defining the limits of a yard, in which no building or structure may be located above ground, except as may be provided in said ordinance.

Sewers, central or group: An approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community, or region.

Sewers, on-site: A septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.

Sidewalk: That portion of the road right-of-way outside the roadway which is improved for the use of pedestrian traffic.

Sign: An identification, description, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, or land and which directs attention to a product, place, activity, service, person, institution, or business.

Sign, illuminated: Any sign illuminated by electricity, gas, or other artificial light including reflecting or phosphorescent light.

Sign lighting device: Any light, string of lights, or group of lights located or arranged so as to cast illumination on a sign.

Sign, off-premises: Any sign unrelated to a business or profession conducted, or to a commodity or service sold or offered upon the premises where such sign is located.

Sign, on-premises: Any sign related to a business or profession conducted, or a commodity or service sold or offered upon the premises where such sign is located.

Sign, projecting: Any sign which projects from the exterior of a building.

Special exception: A use or structure allowed in a district for which a permit is granted by the board of zoning appeals because of its unusual nature.

State: The State of Indiana.

Story: That part of a building between the surface of a floor and the ceiling immediately above; or if there is a floor above, the portion of a building between the surface of any floor and the surface of the floor next above. A basement shall be counted as a story, and a cellar shall not be counted as a story.

Street: A general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way. The term "street" also includes the terms highway, parkway, road, thoroughfare, avenue, boulevard, lane, court, place, and other such terms. The recommended usage is:

Highway or street in urban areas;

Highway or road in rural areas.

a.

Alley: A street intended to provide access to the rear or side of lots or to buildings in urban areas and not intended for the purpose of through vehicular traffic.

b.

Arterial: A system of streets and roads which form an integrated network of continuous routes primarily for through traffic. The "arterial" system is stratified into "principal" (or major) and "minor" categories.

1.

Principal: Services corridor traffic movements having trip length and travel density characteristics indicative of substantial statewide or interstate travel, or connects major population centers in rural areas; or serves major centers of activity and highest traffic volume corridors with the longest trip desires in urban areas.

2.

Minor: Links other cities, large towns, and traffic generators, and provides a substantial amount of interstate and intercounty service in rural areas; or interconnects and augments with the principal arterials to provide service to trips of moderate length for intracommunity continuity in urban areas.

c.

Collector: A system of streets and roads which generally serve travel of primarily intra-area and intracounty importance with approximately equal emphasis to traffic circulation and land access service. The "collector" system is generally further stratified into "major" and "minor" categories. The system collects and distributes traffic between the arterial and local systems.

d.

Cul-de-sac: A local street open at one end only and with a special provision for vehicles turning around.

e.

Dead-end: A local street open at one end only and without a special provision for vehicles turning around.

f.

Frontage: A local street or road auxiliary to and located on the side of an arterial for service to abutting property and adjacent areas, and for control of access. (Sometimes also called a "marginal access street.")

g.

Highway: A term applied to streets and roads that are under the jurisdiction of the Indiana State Highway Commission.

h.

Local: A system of streets and roads which primarily provides land access service and access to higher order systems.

i.

Loop: A local street with both terminal points on the same street of origin.

j.

Partial: A dedicated right-of-way providing only a portion of the required street width, usually along the edge of a subdivision or tract of land.

k.

Perimeter: Any existing street to which the parcel of land to be subdivided abuts on only one side.

l.

Private: A local street that is not accepted for public use or maintenance which provides vehicular and pedestrian access.

m.

Public: A street under the control of and kept by the public, established by regular governmental proceedings for the purpose, or dedicated by the owner of the land and accepted by the proper authorities and for the maintenance of which they are responsible.

Structure: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences, and signs.

Structural alteration: Any change in the supporting members of a building such as bearing walls or partitions, columns, beams or girders, or any substantial change in the exterior walls or the roof.

Supply yard: A commercial establishment storing and offering for sale building supplies, steel, coal, heavy equipment, feed and grain, and similar goods.

Swimming pool: A pool, pond, lake, or open tank containing at least 18 inches of water at any point and maintained by the owner or manager.

Swimming pool, community: A swimming pool for the benefit of the general public, operated with a charge for admission; a principal use.

Swimming pool private: A swimming pool used exclusively without paying an additional charge for admission by the residents and guests of a single household, a multifamily development, a community, the members and guests of a club, or the patrons of a motel or hotel; an accessory use.

Terrace: A natural or artificial embankment between a building and its lot lines.

Terrace, height of: The difference in elevation between the curb level and the top of the terrace at the center of the building wall.

Thoroughfare plan: The portion of the comprehensive plan adopted by the city plan commission indicating the general location recommended for arterial, collector, and local streets and roads within the appropriate jurisdiction.

Tourist home: A building in which one but not more than five guestrooms are used to provide or offer overnight accommodations to transient guests for compensation.

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

Travel trailer: A vehicle or other portable structure designed to move on the highway, not under its own power, and designed or used as a temporary dwelling.

Use: The specific purposes for which land or a building is designated, arranged, intended, or for which it is or may be occupied or maintained.

Use, nonconforming: A use of land or building, existing at the time of the adoption of this ordinance, which fails to comply with the requirements set forth in this ordinance applicable to the district in which such use is located.

Variance: A modification of the strict terms of the relevant regulations of this ordinance where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this ordinance would result in unnecessary and undue hardship.

Vision clearance on corner lots: A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of three and 12 feet above established grade, determined by a diagonal line connecting two points measured 15 feet equidistant from the street corner along each lot line.

Veterinary animal hospital or clinic: A place used for the care, diagnosis, and treatment of sick, ailing, infirm, or injured animals, and those who are in need of medical or surgical attention, and may include overnight accommodations on the premises for the treatment, observation, and/or recuperation. It may also include boarding that is incidental to the principal activity or use.

Vicinity map: A drawing located on the plat which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.

Walkway: A public way, four feet or more in width, for pedestrian use only, whether along the side of a street or not.

Yard: An open space other than a court on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this ordinance.

Yard, front: A yard across the full width of the lot extending from the front line of the principal building to the front lot line.

Yard, rear: A yard extending the full width of the lot between a principal building and the rear lot line or lines.

Yard, side: A yard between the principal building and side lot line, and extending from the front yard line to the rear yard line.

Zoning: The division of an area into districts and the public regulation of the character and intensity of the use of and [the] land, and of the buildings and structures which may be located thereon, in accordance with a comprehensive plan.

Zoning ordinance: A legal tool for accomplishing the objectives of a land use plan. It is an effective regulatory measure designed to encourage high standards of development and to foster the most efficient use of land.

Zoning, permit: A document issued by the zoning inspector authorizing the use of lots, structures, uses of land and buildings, and the characteristics of the uses.