Thorntown City Zoning Code

GENERAL PROVISIONS

§ 152.01 TITLE AND AUTHORITY.

(A) Title. These regulations shall be formally known as the “Town of Thorntown Zoning Ordinance,” and may be cited and referred to as the “Zoning Ordinance,” “this ordinance,” or “Subdivision Control Ordinance.”

(B) Authority. This chapter is adopted by the town pursuant to its authority under the laws of the State of Indiana, I.C. 36-7-4 et seq. Whenever codes cited in this chapter refer to Indiana Code (“I.C.”

or “Indiana Code”) or Indiana Administrative Code (“I.A.C.”) which has been amended or superseded, then this chapter is deemed amended in reference to the new or revised code.

(Ord. 2022-14, passed 9-7-2022)

§ 152.02 PURPOSE AND INTENT.

The purpose of this chapter is to secure adequate light, air, convenience of access, and safety from fire, flood, and other danger; lessen or avoid congestion on public streets; lessen congestion in public ways; preserve, protect and promote the public health, safety and general welfare of the community in the town. More specifically, this chapter is adopted to achieve the following objectives:

(A) Implement the policies and goals contained within officially adopted plans, including the comprehensive plan;

(B) Provide for orderly and sustainable growth and development of suitable neighborhoods with adequate transportation networks, drainage, utilities, facilities, and appropriate building sites;

(D) Promote a land-management strategy intended to restore community health, reduce flooding, and protect the quality of natural resources and agricultural sustainability;

(E) Protect water quality within watershed critical areas;

(F) Encourage environmentally responsible development practices;

(G) Promote growth of residential, commercial, recreation/conservation and other land uses outside of the town’s present corporate limits which maintain the compact form of the community;

(H) Revitalize and promote commercial activities within the town to strengthen the town’s economic base;

(I) Protect local agricultural landscape and historic heritage of the town.

(Ord. 2022-14, passed 9-7-2022)

§ 152.03 APPLICABILITY.

(A) Jurisdiction. This chapter applies to all land, buildings, structures and uses located within corporate limits of the town. To the extent allowed by law, the provisions of this chapter apply to all land, buildings, structures, and uses owned, leased, or otherwise controlled by any district, county, state or federal government agencies.

(B) Exempt entities. The following governmental agencies and entities may be exempt from this chapter with approval by the Town Council: The Town of Thorntown, Sugar Creek Township, Boone County, the State of Indiana, Western Boone County Community School Corporation, Thorntown Public Library, and regulated public utilities (hereinafter “exempt entities”). This exemption shall not apply to any state or federal building or fire code except for local ordinance requirements as applicable (see also § 152.18) for permit process.

(D) Ordinance format. The structure of the text of this chapter is as follows:

(Ord. 2022-14, passed 9-7-2022)

§ 152.04 COMPLIANCE.

No structure shall be located, erected, constructed, reconstructed, moved, altered, converted, enlarged or used, nor shall any piece of land be used, nor shall any existing use be expanded except when in full compliance with all provisions of this chapter and the permits and certificates required by this chapter have lawfully been issued.

(Ord. 2022-14, passed 9-7-2022)

§ 152.05 SEVERABILITY.

If any provision or the application of any provision of this chapter is held unconstitutional or invalid by the courts, the remainder of this chapter or the application of such provision to other circumstances shall not be affected.

(Ord. 2022-14, passed 9-7-2022)

§ 152.06 COMPREHENSIVE PLAN.

The comprehensive plan of the town, as amended from time to time, establishes the policies for land use that are the underlying policies of this chapter. The comprehensive plan is adopted pursuant to state law. It contains officially adopted policy statements as well as maps. These maps and policies shall be consulted when land use decisions pursuant to this chapter are being made, and used as criteria in making decisions upon land use requests.

(Ord. 2022-14, passed 9-7-2022)

§ 152.07 OFFICIAL ZONING MAP.

(A) Establishment of the official zoning map. The boundaries of the zoning districts are hereby established on a map entitled, “Town of Thorntown Official Zoning Map”, which is hereby incorporated into and made part of this chapter. Notations, references, indications, and other matters shown on the official zoning map are as much a part of this chapter as if they were fully described herein. The official zoning map shall be formally known as the “official zoning map” and it may be cited and referred to as the “Thorntown zoning map” or the “zoning map.”

(B) Official zoning map location. The official zoning map is located in the office of the Planning Commission and may be maintained as an electronic zoning map.

(C) Interpretation of map boundaries. The zoning district boundaries shall be shown on the official zoning map. If any uncertainty exists with respect to the intended boundaries as shown on the official zoning map, the Planning Administrator is authorized to interpret the boundaries. District boundaries on the official zoning map shall be interpreted as follows:

(1) Zoning district boundaries shown within or parallel to the lines of roads, easements, and transportation rights-of-way shall be deemed to follow the centerline of the affected road, easement, or right-of-way.

(2) Zoning district boundaries shown within or parallel to the lines of roads, easements, and transportation rights-of-way at the boundaries of the planning jurisdiction shall be deemed to include the full width of such roads, easements, and transportation rights-of-way.

(3) Zoning district boundaries indicated as following or being parallel to section or fractional sectional lines, platted lot lines, or town corporation lines shall be construed as following or paralleling such lines.

(4) Zoning district boundaries indicated as approximately following the centerline of streams, rivers, or other bodies of water shall be construed to follow such centerlines as they may naturally shift over time.

(5) Zoning district boundaries indicated as approximately following the parcel lines as established by the Boone County Surveyors Office shall be construed to follow such parcel lines.

(6) The vacation of streets shall not affect the location of zoning district boundaries. Such boundaries must be reviewed, and, if necessary, a formal amendment shall be made to the official zoning map.

(7) When the Planning Administrator cannot determine the location of a zoning district boundary, the BZA shall determine the location of the zoning district boundary.

(8) The Overlay District boundaries on the official zoning map shall be interpreted as follows:

(a) An overlay district shall be depicted on the official zoning map with a hatch or textured pattern and be identified as such on the map legend.

(b) A lot that is fully covered (bounded) by an overlay district shall be entirely subject to the overlay district standards found in § 152.27.A.

(c) A lot that is partially covered (transected) by an overlay district shall be subject to the overlay district to the extent that the lot area is covered by the overlay district.

(Ord. 2022-14, passed 9-7-2022; Ord. 2023-08, passed 5-15-2023)

§ 152.08 REGULATIONS OF NONCONFORMING LOTS, USES, AND STRUCTURES.

Upon the adoption of this chapter, the zoning map, and potentially upon other government action (e.g., acquisition of right-of-way), some buildings, structures, lots and uses may no longer conform to the regulations of their zoning district. This section provides the rules, policies, and regulations that apply to these buildings, structures, lots and uses.

(A) General regulations.

(1) Illegal uses and structures. Illegal uses and structures existing at the time when this chapter is enacted shall not be validated by virtue of its enactment.

(2) Legal nonconforming. Legal nonconformance is caused by an amendment to this chapter and not due to a change to the property, resulting in the property no longer conforming to the standards of the applicable zoning district. When this situation occurs, the property is deemed legal nonconforming and is subject to the terms of this chapter.

(3) Illegal nonconforming. A building, structure, sign, or lot constructed or used without an approved building permit, improvement location permit or approval from the BZA or Plan Commission is considered illegal nonconforming when it does not conform to this chapter. An illegal nonconforming property is subject to enforcement and penalties as set forth in § 152.99 and all other applicable state or municipal law. The illegal nonconforming property must be altered to conform to all applicable standards and regulations of this chapter.

(4) Burden of owner to establish legality of nonconformity. The burden of establishing the legality of a nonconformity that lawfully exists under the provisions of this chapter is upon the property owner of the nonconformity and not upon the town.

(5) Undue hardship. Nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building or development on which construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been carried on diligently. Where demolition or removal of an existing building has been substantially begun prior to rebuilding, such demolition or removal shall be deemed to be construction, provided that the work shall be carried on diligently.

(B) Nonconforming lots.

(1) Single nonconforming lots of record. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record after the effective date of adoption or amendment of this chapter notwithstanding limitation imposed by other provisions of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lots fail to meet the requirements for area and/or width that are generally applicable in the district provided that yard dimensions and requirements other than those applying to area and/or width of the lot shall conform to the regulations for the district in which such lot is located. This section shall apply only to single-family dwellings.

(2) Lots in combination. If two or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter; and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.

(1) Authority to continue. Where, at the time of adoption of this chapter, lawful uses of land exist which would not be permitted by the regulations imposed by this chapter, the uses may be continued so long as they remain otherwise lawful, subject to the following provisions.

(2) Enlargement. No such nonconforming uses shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter. However, the nonconforming use may be extended throughout any parts of a building which were clearly arranged or designed for such use at the time of adoption or amendment of this chapter.

(3) Moving. No such nonconforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this chapter.

(4) Termination by abandonment. If any such nonconforming uses of land are discontinued or abandoned for more than one year (except when government action impedes access to the premises), any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

(5) New construction. No additional or accessory structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

(D) Nonconforming structures.

(1) Authority to continue. Where a lawful structure exists on the effective date of adoption or amendment of this chapter that could not now be built under the terms of this chapter by reason of restrictions on area, lot, coverage, height, setbacks, its location on the lot, bulk, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful.

(2) Alteration. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

(3) Ordinary repair and maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding 10% or the current replacement cost of the nonconforming structure and market value of real estate, or nonconforming portion of the structure, whichever the case may be, provided that the cubic content existing when it became nonconforming shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.

(4) Moving. Should such structure be moved for any reason for any distance, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(5) Damage or destruction. Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to the extent of more than 50% of the fair market value of the building immediately prior to the damage, it shall not be reconstructed except in conformity with the provisions of this chapter.

(E) Nonconforming development characteristics of site.

(1) Authority to continue. If a characteristic of development or use lawfully exists at the effective date of adoption or amendment of this chapter that would not now be allowed in the district under the terms of this chapter, the lawful characteristic of development or use may be continued so long as it remains otherwise lawful, except as otherwise provided below. Such characteristics of development or use shall include, but not be limited to, items such as landscaping, lighting, parking lots, refuse containers, and screening.

(2) Alterations to the site requiring compliance. Any additions to the building or the site that increase the area by more than 40% shall require that any nonconforming characteristics of development or use shall comply with the standards of this chapter.

(F) Structure alteration or new construction in existing subdivision. Any existing structure or proposed structure meeting the requirements of the adopted primary or secondary plat shall be allowed to construct a new structure or modify an existing structure without having to seek a variance from the Board of Zoning Appeals.

(Ord. 2022-14, passed 9-7-2022)

§ 152.09 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY USE. A secondary use on a property that is incidental and subordinate to a primary use located on the same property, and which does not alter or change the character of the premises.

ADDITION. An extension or increase in the floor area or height of a building or structure.

ADJACENT PROPERTY. Any property adjacent to, directly across a private or public street, or directly diagonal to the subject property.

ADVISORY PLANNING LAW. Has the meaning set forth in I.C. 36-7-4-101.

ALLEY. A right-of-way, other than a street, road, crosswalk, or easement, designed to provide a secondary means of vehicular access to the side and rear of the lots.

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

AMEND OR AMENDMENT. Any repeal, modification, or addition to a regulation; any new regulation; any change in the number, shape, boundary, or area of a district, or any repeal or abolition of any map, part thereof, or addition thereto.

APPLICANT. The owner, owners, or legal representative of land who makes application to the town. Written consent shall be required from the legal owner of the premises.

APPLICATION. The completed form or forms, together with any other materials, exhibits, and fees as required of an applicant pursuant to this chapter.

BASE FLOOD ELEVATION (BFE). The elevation of the 1% annual chance flood.

BASEMENT. A portion of the building that is underground but having at least half its clear height below the average grade of the adjoining ground.

BEST MANAGEMENT PRACTICE(S) (BMP(S)). The control of pollutants from municipal separate storm sewer systems for the purpose of demonstrating and determining controls that are cost- effective and that use innovative technologies to manage, reduce, treat, recapture, or reuse municipal stormwater, including techniques that utilize infiltration, evapotranspiration, and reuse of stormwater onsite.

BLOCK. An area of land bounded by streets or by a combination of streets and public land, rights-of-way, common area(s), railroad rights-of-way, waterway(s), or any other barrier to the continuity of development.

BUILDING. Any structure designed, built, and used for the shelter, protection, or enclosure of persons, animals, or property, and which is permanently affixed to the land. A BUILDING is also a STRUCTURE.

BUILDING, ACCESSORY. A subordinate building or structure located on the same lot as a principal building which does not alter or change the character of communications, electric, gas, water, and sewer lines, their supports and incidental equipment, and public telephone booths shall be considered accessory uses even though no principal building exists on the premises.

BUILDING, ADDITION. Construction that increases the square footage of an existing structure or building.

BUILDING, DETACHED. A building that has no structural connection with any other building or structure.

BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot in which said building is situated.

BUILDING, REMODEL. The alteration of an existing structure or building.

BUILDING MASSING. This is an effect of bulky homogenous monotonous mass of buildings created by placing similarly-sized and designed buildings close to each other at a similar distance.

CLEAR VISION AREA. An area on a corner lot that shall be free from visual obstructions between two and ten feet above grade so that a driver, rider or pedestrian can see oncoming pedestrians and vehicles. Visual obstructions include, but are not limited to, buildings, structures (e.g., sign, fence, and the like), trees, shrubs, or ornamental grasses. Street grade is measured at the intersection of the street and/or alley centerlines. The CLEAR VISION AREA is formed by a diagonal line connecting:

(1) Two points measured 15 feet equidistant from the lot corner along each property line at the intersections of two local streets or one local street and one alley; or

(2) Two points measured 25 feet along each property line at the intersection of a local street and a collector, arterial or expressway or any combinations thereof.

For rounded lot lines, the distances are measured from the point at which the right-of-way lines would intersect if they were not rounded at the corner.

COMMITMENT. A covenant concerning the use or development of a parcel of real property made in writing by the owner of that parcel, either voluntarily or by an order or request of the Plan Commission, the Board of Zoning Appeals, or the Town Council, pursuant to I.C. 36-7-4-1015.

COMMON AREA. An area held in common by an owners’ association, not located in rights-of-way, and not located on individually owned private property.

COMPREHENSIVE PLAN. The complete plan, or any of its parts, for the development of the planning jurisdiction of the town prepared by the Advisory Plan Commission of the town and adopted in accordance with I.C. 36-7-4-500.

CONCEPT PLAN. A plan for a subdivision or development of land that shows in general terms the proposed land use, density, circulation, natural characteristics, and typical development of the area to be developed, as well as adjacent affected properties, and traffic.

CONSTRUCTION PLAN. The maps or drawings showing the specific location and design of improvements to be installed.

COVENANT (DEED RESTRICTION). Private and legal restrictions of various kinds on the usage of lots, typically within a subdivision and applied by the subdivider.

CUL-DE-SAC. See definition of STREET, CUL-DE-SAC.

CUT. An excavation, the difference between a point on the original ground and a designated point of lower elevation on the final grade. Also, the material removed in excavation.

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

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

DEVELOPED AREA. Land that has been substantially improved by making it more useful to humans including the erection of buildings, structures, landscaping or increasing its value by cultivation.

DEVELOPER. Any person engaged in developing a lot or group of lots or structures thereon for use or occupancy.

DEVELOPMENT PLAN. A scale drawing, including a legal or site description, of the real estate involved which shows the location and size of the following, both existing and proposed: all buildings, structures, and yards; topographic map; location and dimension of building lines and easements; widths and lengths of all entrances and exits to and from said real estate; location of all adjacent or adjoining streets, service facilities; and other improvements such as planting areas.

DEVELOPMENT PLAN, DETAILED. The construction drawings incorporating all amendments and plans adopted at the preliminary development plan hearing that sets the stage for approval of the secondary plat(s) as evidenced in a development plan.

DEVELOPMENT PLAN, PRELIMINARY. The initial development plans as proposed for a planned unit development following approval by the Plan Commission and adoption by the Common Council of said drawings and planned unit development (PUD) ordinance including any waivers and commitments by the developer for said real property.

DISTRICT (ZONING). A specific district within the jurisdiction which has uniform regulations governing the use, height, area, size, and intensity of use of buildings and land, and open spaces.

DWELLING. A building or structure or portion thereof used exclusively for residential occupancy, including single-family, two-family, and multi-family; however, excluding hotels, motels, and boarding houses.

DWELLING, MULTI-FAMILY. A building consisting of three or more dwelling units, including condominiums, with varying arrangements of entrances and party walls.

DWELLING, SINGLE-FAMILY ATTACHED. A building consisting of two or more dwelling units, each that occupies a separate platted lot.

DWELLING, SINGLE-FAMILY DETACHED. A building consisting of a single dwelling unit only and separated from other dwelling units by open space. Single-family dwellings shall include modular homes and may include mobile homes.

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

DWELLING UNIT. A room or group or rooms designed and equipped exclusively for use as living quarters for only one family and including provisions for living, sleeping, cooking, and sanitary facilities. The term shall include manufactured and mobile homes but shall not include recreational vehicles.

EASEMENT. A grant by the property owner of the use of a strip of land by the public, a corporation or persons for specified purposes.

EROSION. The removal of surface materials by the action of natural elements.

EXCAVATION. Any act by which earth, sand, gravel, rock, or other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting therefrom.

FILL. Any act by which earth, sand, gravel, rock, or any other similar material is placed, pushed, dumped, pulled, transported, or moved to a new location above and natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point in higher elevation on the final grade. The material used to make a FILL.

FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.

FLOODPLAIN. The channel proper and the areas adjoining any wetland, lake, or watercourse which have been or hereafter may be covered by the regulatory flood. The FLOODPLAIN includes both the floodway and the fringe districts.

FLOODWAY. The channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream.

FLOODWAY FRINGE. Those portions of a flood hazard area lying outside the floodway district.

FLOOR AREA, FINISHED. That portion of floor area constructed, completed and usable for living purposes with normal living facilities that includes sleeping, dining, cooking, sanitary, or combination thereof. A floor area or portion thereof that remains unfinished and used only for storage purposes and not equipped with the facilities previously identified is not considered finished floor area.

FLOOR AREA, GROSS. 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 center line of any party wall separating such buildings or portions thereof. Floor area of a building shall exclude exterior unenclosed balconies and/or porches.

FRINGE. Those portions of the floodplain lying outside the floodway.

FRONTAGE. Property connected directly with a street or highway. For the purpose of determining frontage, an alley is not considered to be a street or highway.

GROUND FLOOR. That story that contains finished floor area closest to, but not below, grade level. In cases in which the only story with finished floor area is below grade level, that story with finished floor area closest to grade level is considered the ground floor.

HARDSHIP. The exceptional burden that would result from failure to grant a requested variance, which may be caused by atypical, unusual, and peculiar factors or features of the property involved. Mere economic or financial hardship alone is not enough to claim a hardship. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot qualify as a hardship. A problem that may be resolved through other means without granting a variance, even if the alternative is more expensive, does not constitute a hardship. Hardship also does not result from an inability to use a parcel exactly as intended by the property owner as long as there remains a viable use of the property.

HEIGHT, BUILDING. The vertical distance measured from the average finished grade 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.

HEIGHT, SIGN. The vertical distance measured from the highest point of the sign to the finished grade of the ground or a constructed berm immediately beneath the sign.

HEIGHT, STRUCTURE. The vertical distance measured from the average ground elevation to the highest point of the structure.

IMPERVIOUS SURFACE. Any surface that does not allow water to be absorbed or percolate into the ground. Such surfaces include areas covered by buildings, porches, decks, patios, swimming pools, tennis courts and also includes surfaces constructed of asphalt, concrete, gravel composite, brick, stone, tile, or any other paving material used for parking, driveways, and walkways.

IMPROVEMENT. Any alteration to the land or other physical construction associated with subdivision and building site development.

IMPROVEMENT LOCATION PERMIT (ILP). A permit issued by the Department permitting a person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure as a part of a building permit and/or the alteration of the condition of land, change of use or occupancy, or any change that is subject to the provisions of this chapter not governed by other requirements.

INFRASTRUCTURE. The fixed public works and facilities necessary in a community, such as sewers, water systems, and streets.

INSTITUTIONAL. Public and quasi-public land uses which enhance the community's quality of life, such as schools, churches, libraries, or hospitals, but not including such uses as utility plants or garages.

LOT. A parcel of land located within a single block and may be either a lot of record or a zoning lot. In determining lot area and boundary lines, no part thereof shall be included that is within the limits of a street.

LOT, CORNER. A lot located at the intersection of two or more streets, the interior angle of such intersection not exceeding 135 degrees. A lot abutting 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 from of the lot.

LOT, THROUGH. 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.

LOT AREA. The area of any lot exclusive of street, highway, alley, road, or other rights-of-way, the area of the horizontal plane of the lot bounded by the vertical plans of the front, side, and rear lot lines. Easements are considered to be part of the LOT AREA.

LOT COVERAGE. The total ground area within the lot or project covered by the primary structure, accessory structure(s), and impervious surfaces (e.g., driveways, sidewalks, parking lots, patios, swimming pools, garages, carports, storage sheds, and the like).

LOT FRONTAGE. The total length of the front lot line bordering upon a public or private right-of-way or easement.

LOT LINE, FRONT. On an interior lot, the line separating the lot from the street. On a corner or through lot, the line separating the lot from either street.

LOT LINE, REAR. The lot line opposite the front lot line. A corner lot does not have a rear lot line.

LOT LINE, SIDE. Any lot line other than a front lot line or rear lot line.

LOT OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder; or a lot or a parcel described by metes and bounds, legally defined and duly recorded in the office of the County Recorder.

LOT WIDTH. The horizontal distance between the side lot lines, measured at the front building setback line.

METES AND BOUNDS. A description of land prepared by a state-registered land surveyor providing measured distances and courses from known or established points on the surface of the earth.

MINOR CHANGE (as applies to planned unit developments). An amendment that does not alter the intent, objectives, conditions, stipulations, waivers, or findings of the approved plan and does not significantly differ from the plan/ordinance adopted. Minor amendments may include (1) alteration of plant materials or type; (2) locations and/or specifications of lighting; (3) additions of emergency generators that have limited impact both visually and acoustically to the surrounding properties; (4) addition of electric vehicle charging stations or bike-share facilities; (5) modifications to the appearance of entrance/subdivisions signs; (6) changes to lot arrangement but not lot size; (7) reduction of parking spaces by less than 5% of what is required by the ordinance provided it does not increase intensity or fall below the minimum parking requirements of the ordinance; (8) minor modifications to drainage management structures; (9) modifications in access to the development site where such change is a reduction in intensity in the traffic patterns of the roadway; (10) addition of or modifications to fencing; and/or (11) modification of trails/sidewalks but not the elimination of such and any modification that is determined by the Planning Administrator meeting this definition.

MONUMENT. Any permanent marker either of stone, concrete, galvanized iron pipe, or iron or steel rods, used to identify the boundary lines of any tract, parcel, lot, or street lines.

NATIVE PRAIRIE GRASSES. A mixture of perennial grasses that historically populated the prairie ecosystem of the United States that contain no trees. Prairie grasses may vary by region.

NATURAL AREAS. Any critical area such as floodplains, wetlands, high tree concentrations, critical habitats that contain rare, threatened or endangered species, wooded slopes, wooded or partially wooded streams, woodlands, and riparian areas.

NATURAL DRAINAGE. Drainage channels, routes, and ways formed over time in the surface topography of the earth prior to any modifications or improvements made by unnatural causes and/or human intervention.

NATURAL FEATURES. The physical characteristics of a property or area that are not man-made, such as soil types, geology, slopes, vegetation, and drainage patterns.

NEW CONSTRUCTION. Structures for which the “start of construction” commences on or after the effective date of this chapter.

NON-CONFORMING LOT, USE OR STRUCTURE. Any lot, use, or structure legally existing as of the effective date of this chapter, that is not in compliance with this chapter or any subsequent amendments.

NOTICE OF PUBLIC HEARING. A legal document announcing the opportunity for the public to present their views to an official representative, board, and/or commission of a public agency concerning an official action pending before the agency.

OPEN SPACE. Common area providing light and air designed for environmental, scenic, or recreational purposes. Cropland, forested areas, or pastureland qualifies as open space. Open space may include turf areas, decorative plantings, walkways, active and passive recreation areas, playgrounds, and wooded areas. Open space does not include areas devoted to public or private streets or rights-of-way.

PARKING, OFF-STREET. An area appropriate in size to accommodate the required parking for the applicable land use(s), together with driveways and maneuvering room; located totally out of public right-of-way; and set back from such right-of-way as required within this chapter.

PARKING, ON-STREET. An area appropriate in size to accommodate the parking located within public right-of-way.

PARKING, REQUIRED. The number of parking spaces required for a particular use or uses as required within this chapter.

PARKING SPACE. An enclosed or un-enclosed surfaced area permanently reserved for the temporary storage of one passenger motor vehicle and appropriately part of a street or connected with a street or alley by a surfaced driveway affording adequate ingress and egress.

PERSON. Any individual, corporation, firm, partnership, association, organization, or any other group that acts as a unit.

PLANNED UNIT DEVELOPMENT (PUD). A large and integrated development consisting of a parcel or parcels of land to be developed as a single entity according to the adopted preliminary development plans and approved detailed plans, with different use and development standards than the standards that would normally apply in a non-PUD zoning district.

PLANNED UNIT DEVELOPMENT DISTRICT. A zoning district for which a PUD District ordinance must be adopted under the regulations of this chapter.

PLANNING ADMINISTRATOR. A person (or persons) appointed by the Plan Commission, hired or contracted, to perform the duties prescribed by the Plan Commission.

PLAT. The drawing, map, or plan of a subdivision or other tract of land or a replat of such including certifications, descriptions, and approvals. The final map or drawing, described in these regulations, on which the subdivider’s plan of subdivision is presented to the Plan Commission for approval and which, if approved, may be submitted to the County Recorder for filing.

PLAT, PRIMARY. The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Plan Commission for approval.

PLAT, SECONDARY. The final and formal presentation of the map, plan, or record of a subdivision and any accompanying material, as described in the regulations of this code.

PRIVATE STREET. A right-of-way which has the characteristics of a street except that it is not dedicated to the public use. A driveway which is located on a lot and which serves only the use on that lot is not considered as a PRIVATE STREET.

PUBLIC ACCESS AREA. A public place that is generally an outdoor area, whether publicly or privately owned, to which the pubic have access by right or by invitation, expressed or implied, whether by payment of money or not, but not a place when used exclusively by one or more individuals for a private gathering or other personal purpose. A social space that is open and accessible to people.

PUBLIC FACILITIES PLAN. The part of the comprehensive plan, now or hereafter adopted, which shows the location of proposed fire and police station sites, existing and proposed schools, parks, or recreation facilities.

PUBLIC USES. Public parks, schools, fire and police stations, libraries, museums, zoological gardens and parks, city and town halls, county courthouses, utility complexes, fairgrounds, and administrative and cultural buildings and structures, but 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.

REZONING. An amendment to a zoning map and/or text of a zoning ordinance.

REZONING, MAP AMENDMENT. An amendment to a zoning map that creates a new zoning district or changes the boundaries of an existing zoning district.

REZONING, TEXT AMENDMENT. An amendment to the ordinance that creates a new zoning district, adds to and/or changes the requirements of an existing zoning district, or changes other ordinance regulations.

RIGHT-OF-WAY. An area 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.

RIGHT-OF-WAY WIDTH. The distance between the front property lines on the properties adjacent to the right-of-way as measured at right angles to the centerline of the right-of-way.

RUNOFF. The surface water discharge or rate of discharge of a given watershed after a fall of rain or snow that does not enter the soil but runs off the surface of the land.

RUNOFF FROM A FULLY DEVELOPED AREA UPSTREAM. The surface water runoff that can be reasonably anticipated upon maximum development of that area of the watershed located upstream from the subject tract, as permitted by prevailing zoning or the comprehensive land use plan.

RURAL AREAS. The unincorporated areas of the county.

SEDIMENTATION. The process by which mineral or organic matter is accumulated or deposited by moving wind, water or gravity.

SETBACK, REQUIRED. The minimum and/or maximum required distance between a property line and a setback line, as established by this chapter.

SETBACK LINE. A line established by this chapter defining the limits of a yard in which no building or structure may be located except as may be exempted in said ordinance.

SHRUB. A woody plant of relatively low height having several stems arising from the base and lacking a single trunk.

SIDEWALK. That portion of the road right-of-way which is improved for the use of pedestrian traffic.

SIGN. Any identification, description, display, or illustration which is affixed to, or painted, or represented directly or indirectly upon a building or other outdoor structure or parcel of land, and which directs attention to an object, product, place, activity, business, person, service, or interest.

SITE. A parcel or adjoining parcels under single ownership or single control, considered as a unit for the purpose of development or other use.

SITE PLAN. A drawing of the site, drawn accurately to an engineering scale, showing existing and proposed features of the site including but not limited to buildings and other structures both existing and proposed; setbacks from all buildings/structures to the property lines; location and dimensions of all building lines and easements; widths and lengths of all entrances and exits to and from said property (driveways); location of all adjacent and adjoining streets, service facilities, manholes, ponds, drainage swales, grading and all other improvements sufficient for the review as required by this chapter. The lot number and subdivision and/or legal description, address of site, property owner’s name and contact information, and contractor’s name and contact information shall be included.

SLOPE. The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. SLOPES are usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.

SOIL STABILIZATION. Chemical or structural treatment of a mass of soil to increase or maintain its stability or otherwise improve its engineering properties.

STREET. A right-of-way established for or dedicated to the public use, which affords the principal means of access to abutting properties. A STREET may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive, or other appropriate name.

STREET, 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 “major” and “minor” categories.

STREET, ARTERIAL, MAJOR. Serves 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.

STREET, ARTERIAL, MINOR. Links other cities, town, and traffic generators, and provides a substantial amount of interstate and inter-county service in rural areas; or interconnects and augments with the principal arterials to provide service to trips of moderate length for intra-community continuity in urban areas.

STREET, COLLECTOR. A system of streets and roads which generally serve travel of primarily intra-area and intra-county 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 arterial and local systems.

STREET, CUL-DE-SAC. A short local street having one end open to traffic and being permanently terminated by a vehicle-turnaround at the other end.

STREET, HIGHWAY. A term applied to streets and roads that are usually under the jurisdiction of the Indiana State Highway Commission.

STREET, LOCAL. A system of streets and roads, which primarily provides local access service between fronting properties and higher order street systems.

STREET (OR ALLEY) IMPROVEMENT. The construction of a street or alley to its full thickness, commencing at the subgrade to the specifications hereinafter established. The placing of a new surface over an existing paved or closed surface street or alley shall not be considered as an improvement, but as maintenance.

STRUCTURE. Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground or requires location under the ground. Among other things, structures include buildings, walls, fences, signs, gas or liquid storage tank, mobile homes, and accessory structures under 200 square feet that do not require a permanent foundation. A structure is not a building except as further defined by that term.

STRUCTURE, ACCESSORY. A structure that is located on the same parcel of property as the principal building and the use of which is incidental and subordinate to the use of the principal building. Accessory structures should be designed to have a minimal impact on adjoining properties and may not be used for human habitation. Examples of accessory structure include, but are not limited to, detached garages, carports, storage sheds, pole barns, hay sheds, and lean-tos. For purposes of floodplain regulation, accessory structures shall have a floor area of 400 square feet or less.

SUBDIVIDER. Any person engaged in developing or improving a tract of land which complies with the definition of a subdivision.

SUBDIVISION. The division of any parcel of land shown as a unit on the last preceding transfer of ownership thereof into two or more lots, tracts, or parcels.

SUBDIVISION, MAJOR. The division of a lot, tract, or parcel of land into five or more lots, tracts, parcels or other divisions of land.

SUBDIVISION, MINOR. The division of a lot, tract, or parcel of land into two to four lots, tracts, parcels or other divisions of land that meets the following criteria:

(1) Has all lots fronting an existing street(s);

(2) Does not involve the construction of a new street(s), realignment, or the extension of an existing street;

(3) Does not involve the dedication of additional right-of-way;

(4) Does not necessitate the extension of any municipal infrastructure or the creation of any public improvements; and

(5) Does not create non-conformity of lot and/or structures.

SWALE. A low lying stretch of land which gathers or carries surface water runoff.

TECHNICAL ADVISORY COMMITTEE. A committee established to assist in the evaluation of development applications and to make advisory recommendations to the applicable reviewing authority. The membership of the Committee shall include, but not be limited to, persons that are engaged in either private or public work with specific knowledge in road design and construction; sewer and water facility design and construction; solid waste; health requirements for water and sewer facilities; recreation and open space; environmental planning criteria related to geology, vegetation, noise, and water systems; and urban design.

THOROUGHFARE. The same as STREET.

THOROUGHFARE PLAN. The part of the comprehensive plan, now or hereafter adopted, which includes a major street and highway plan and sets forth the location, alignment, dimensions, identification, and classification of existing and proposed streets, highways, and other thoroughfares.

TOPSOIL. Surface soils and subsurface soils which presumably are fertile soils and soil materials, ordinarily rich in organic matter or humus debris. TOPSOIL is usually found in the uppermost soil layer called the “A horizon”.

TREE. A perennial woody plant with one main trunk and a rather distinct and elevated head, ordinarily growing to definite heights and usually developing branches at some distance from the ground.

TREE, CANOPY. A tree with mature height over 35 feet and with a canopy that screens the sun and provides shade.

TREE, EVERGREEN. A tree with foliage that remains green for most part of the year.

TREE, ORNAMENTAL. Typically a small tree (may be an understory tree) that is grown for decorative purpose with multi-season interest.

TREE, STREET. Trees growing on public right-of-way except for alleys and for medians contained within subdivisions.

TREE, UNDERSTORY. A tree with mature height between 12 and 35 feet and with a canopy that screens the sun and provides shade.

TRUNK. The portion of a stem or stems of a tree before branching occurs.

USE. The specific purpose for which land, a building, or a structure is designated, arranged, intended, or for which it is or may be occupied, leased or maintained

USE, ACCESSORY. A use subordinate to another use located on the same property which does not change or alter the character of the premises and is clearly and customarily incidental to the primary use.

USE, LEGAL-NONCONFORMING. Any continuous, lawful use of structures, land, or structures and land in combination, established prior to the effective date of this code or its subsequent amendments that is no longer a permitted use in the zoning district where it is located.

USE, NONCONFORMING. A use which does not conform to the use regulations of the zoning district in which it is located.

USE, PRIMARY. The main use of land or buildings as distinguished from an accessory use. It may be a permitted use, conditional use, or a special exception.

USE, PROHIBITED. A use indicated as prohibited for a certain zoning district.

UTILITY, PUBLIC. Any person, firm, or corporation duly authorized to furnish under public regulations to the public electricity, gas, steam, telephone, fiber optics, transportation, water, or sewage systems.

VARIANCE. A modification of the strict terms of the relevant regulations of this chapter 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 chapter would result in unnecessary and undue hardship, serious practical difficulties.

VARIANCE, DEVELOPMENT STANDARDS. A specific approval granted by the Board of Zoning Appeals deviating from the development standards (such as height, setbacks, lot area, and the like) that are prescribed within this chapter.

VARIANCE, USE. An approval of use granted by the Board of Zoning Appeals permitting a use other than that prescribed in this chapter.

VIOLATION. The erection, alteration, enlargement, maintenance or use of any land, building, or structure in violation of this chapter, Building Codes and related codes, weed ordinance or other codes and ordinances of the town applicable to said land, building, or structure in the zoning district in which it is located.

WAIVER. A specific modification or lessening of the regulations of this chapter granted by the Plan Commission and Town Council for a specific development such as a planned unit development in response to unique site characteristics or development patterns that justify relief from the otherwise applicable regulations or by the Plan Commission for relief from the subdivision control standards.

WATERCOURSE. A lake, river, creek, stream, wash, channel or other topographic feature, natural or human-made, on or over which waters flow at least periodically. WATERCOURSE includes specifically designated areas in which substantial flood damage may occur.

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

YARD, FRONT. A yard across the full width of the lot extending from the front property line to the front setback line. On corner lots and through lots, there shall be two front yards as determined by the road frontages.

YARD, REAR. A yard extending the full width of the lot between the rear setback line and the rear property line.

YARD, SIDE. A yard between the side setback line and side property line and extending from the front setback line to the rear setback line.

ZONING. A police power measure, enacted by the governing body of local governments, in which the community is divided into districts or zones within which permitted and special uses are established as regulations governing lot size, building bulk, placement, and other development standards.

ZONING DISTRICT. A specific district within the jurisdiction which has uniform regulations governing the use, height, area, size, and intensity of use of buildings and land, and open spaces.

ZONING DISTRICT, BASE. In the case of an overlay district, the standard zoning district in which the parcel or tract is located, and the standards of which apply when the overlay district regulations are silent on any given point.

ZONING DISTRICT, OVERLAY. That zoning district that is superimposed on a base zoning district, which adds additional regulations regarding the use of and development standards for the property.

ZONING MAP. The Official Town of Thorntown Zoning Map.

ZONING ORDINANCE. Those chapters of Thorntown Code of Ordinances, now or hereafter adopted, that include the official zoning map, regulations, requirements and procedures for the establishment of land use controls.