Valparaiso City Zoning Code

For purposes of the floodplain and stormwater management provisions of this Unified Development Ordinance, the following abbreviations and definitions shall apply unless the context clearly indicates or requires a different meaning.

(Ord. # 18, 2024, 08/12/2024)

This Division sets out all of the other definitions that are used in the Code. Definitions for which illustrations are appropriate as an interpretive tool will be illustrated.

1. Generally. This rules of this Division shall be observed and applied when interpreting this UDO, except when the context clearly requires otherwise.
2. Word Usage. Words shall be interpreted as follows:
   1. Words used or defined in one tense or form shall include other tenses or forms.
   2. Words in the singular number shall include the plural number. Words in the plural number shall include the singular number.
   3. The masculine gender shall include the feminine. The feminine gender shall include the masculine.
   4. The words "shall" and "will" are mandatory.
   5. The words "may" and "should" are permissive.
   6. The word "person" includes individuals, partnerships, firms, corporations, associations, trusts, and any other similar entities or combination of individuals.

Effective on: 1/1/1901

1. Abbreviations. The following abbreviations are used in this UDO:
   1. ac.: acre
   2. DBH: diameter at breast height
   3. du or du's: dwelling unit(s)
   4. FAR: floor area ratio
   5. ft.: feet
   6. LSR: landscape surface ratio
   7. max.: maximum
   8. min.: minimum
   9. na.: not applicable
   10. OSR: open space ratio
   11. sf.: square feet
2. Acronyms. The following acronyms are used in this UDO:
   1. FEMA: Federal Emergency Management Agency
   2. FIRM: Flood Insurance Rate Map
   3. LOMA: Letter of Map Amendment

Effective on: 1/1/1901

1. Agriculture means land (with and without farm residences) used for field crops for food, fiber, or energy; orchards; viniculture; horticulture; dairying; pasturage; aquaculture, and truck farming. The term "agriculture" also includes the raising or breeding of livestock, cattle, horses, poultry, and bees where there is no more than one animal or bee colony per acre. The term includes the necessary accessory uses for storing the products and inputs needed to produce them. The term also includes incidental retail sales by the producer of products raised on the farm. The term does not include intensive agriculture.
2. Nursery or Greenhouse means an enterprise that conducts the retail and/or wholesale sale of plants grown on the premises. The terms also include, as an accessory use, the sale of a limited selection of items (e.g., soil, planters, pruners, mulch, etc., but not power equipment) that are directly related to the care and maintenance of landscapes.
3. Farmstead means a residential-agricultural unit in which the land is used for agriculture by the owner/operator of the agricultural operation who lives on the land as owner or lessee.
4. Intensive Agriculture means:
   1. Any use where animals are tightly confined in buildings or outdoor pens or pastures with more than one animal unit per acre, including feedlots, hog farms, and poultry operations (including concentrated animal feeding operations, or "CAFOs"); or
   2. Any other agricultural use that is required to obtain a discharge permit because of animal or poultry wastes.
5. Commercial Stables means the stabling, training, feeding of horses, or the provision of riding facilities for the use of anyone other than the resident of the property. Equestrian trails that are constructed as part of the common open space of a subdivision and intended for the exclusive use of residents of the subdivision are not commercial stables.
6. Kennel means the boarding, breeding, training, or selling of domestic dogs or cats. The term also includes:
   1. The keeping of more than nine dogs or cats over the age of four months; or the keeping of a total of more than nine dogs and cats; or
   2. Enclosed outdoor areas that are intended for the exercising and/or containment of dogs ("outdoor dog runs").

Effective on: 1/1/1901

1. A.
   Dormitory, Fraternity, or Sorority means sleeping accommodations and common kitchen facilities are provided for individuals while they are enrolled at an educational institution.
2. B.
   Single-Family Detached (also called "Single-Family") means dwelling units that are:

   1. 1.
      Constructed on individual lots;
   2. 2.
      Separated from each other by outside walls; and
   3. 3.
      Intended for the use of a single housekeeping unit.
3. C.
   Single-Family Cluster means single-family detached units that are developed on lots that are platted in a subdivision that includes common open space that meets or exceeds the standards set out in Table 3.301.A., Residential Standards.
4. D.
   Single-Family Attached means all attached dwelling units except multiplex and multifamily. The phrase includes twin homes, duplexes, and all types of townhomes.
5. E.
   Planned Development means a residential development that consists of a variety of lot sizes and more than one housing type.
6. F.
   Traditional Neighborhood Development means development that consists of a variety of residential lot sizes and more than one housing type, along with neighborhood supportive nonresidential development, designed to give equal or greater dignity to the pedestrian compared to the automobile.
7. G.
   Multifamily means buildings that contain three or more condominium or rental apartment units (subject to long-term leases) that share one or more common entrances. Boarding houses, dormitories, fraternities, sororities, bed and breakfast establishments, duplexes, twin homes, hotels and motels are not included in this definition.
8. H.
   Manufactured Home Park or Subdivision means a parcel of land divided into two or more lots for long-term lease or sale, for the installation of manufactured homes.
9. I.
   Group Home

   1. 1.
      Means single-family dwelling unit used in one of the following ways:

      1. a.

         Child care that is licensed for 10 or fewer children who are six years of age or older, who are apart from their parents or guardian on a 24-hour a day basis and who have demonstrated the ability to follow direction and take appropriate action for self-preservation (see 465 IAC 2-9-13, "Group home" defined);

      2. b.
         Intermediate care facilities for the mentally retarded ("ICF-MR"); and
      3. c.

         Supervised care for individuals who are undergoing treatment or rehabilitation, who function as a single housekeeping unit in which residents share responsibilities, meals, and recreation.

   2. 2.
      Does not mean:

      1. a.
         An institutional environment in which staff manages the living environment and controls activities;
      2. b.
         On-site office operations;
      3. c.
         Multifamily or attached housing;
      4. d.
         Co-ops, nursing homes, other institutional residential facilities; or
      5. e.
         Boarding houses.
10. J.
    Live-Work Units. A dwelling unit that provides space that is designed for commercial uses that are permitted in the zoning district. Access between the dwelling unit and the commercial space is provided within the unit.
11. K.
    Manufactured Home. A dwelling unit that is fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with standards promulgated pursuant to 42 U.S.C. Sec. 5403, Construction and Safety Standards, and certified as provided in IC 22-15-4, Certification of Industrialized Building Systems and Mobile Structures.

(Ord. # 18, 2024, 08/12/2024) 

Effective on: 8/12/2024

1. Home Occupation means any service, professional, or art occupation, which is conducted in a residence but does not change the essential character of the residential use. Home occupation does not include:
   1. Wholesale or retail sales, except for sales distributors who fill orders for catalog type products and then make deliveries to the customer's house (as opposed to customers coming to the place of business).
   2. Activities that require commercial deliveries from trucks (as opposed to parcel services).
   3. Businesses that employ anyone other than residents of the dwelling unit.
   4. On-site parking of commercial vehicles, or on-street parking of commercial vehicles next to the dwelling unit.

2. Home Business means a business that is operated out of a dwelling unit, which involves employment of up to two unrelated individuals who do not live in the dwelling unit. These uses are limited to office or service businesses. Home business does not include:

   1. Wholesale or retail sales, except for sales distributors who fill orders for catalog type products and then make deliveries to the customer's house (as opposed to customers coming to the place of business).

   2. Activities that require commercial deliveries from trucks (as opposed to parcel services).
   3. On-site parking of commercial vehicles, or on-street parking of commercial vehicles next to the dwelling unit.

3. Cottage Industry means a business that is operated out of a dwelling unit, which involves:

   1. Employment of up to four unrelated people who do not live in the dwelling unit;

   2. Commercial deliveries from trucks;

   3. Light manufacturing; or

   4. On-site parking of commercial vehicles.

4. Child Care Homemeans a family home that receives more than three, and up to a maximum of eight, children for less than 24 hours per day. The number counted includes the family's natural or adopted children and all other persons under the age of 12.

Effective on: 1/1/1901

1. Places of Public Assembly means a place where the people assemble for civic, educational, social, or day care purposes. This use includes the following:
   1. Places of worship; theaters; conference centers;
   2. Cultural or arts centers; museums; and aquariums;
   3. Libraries;
   4. Elementary and middle schools;
   5. High schools;
   6. Adult day care; and
   7. Child care centers.
2. College means:
   1. Colleges or universities; and
   2. Professional trade, language, or business schools, and comparable advanced or continuing education facilities.
3. Institutional Residential means institutional housing which involve long-term lease or condominium ownership combined with common food service, nursing, counseling, health care, or comparable services. This use includes:
   1. Monasteries and covenants;
   2. Sheltered care facilities and rehabilitation centers, which include:
      1. Facilities, other than group homes, in which residents live in an institutional environment and are, generally, under the care or control of staff;
      2. In-patient drug and alcoholism hospitals and rehabilitation centers, in which residents have institutional care, or are treated by staff in an institutional setting, rather than living independently.
      3. Any sheltered care, group care, group home, or residential substance abuse facility with more than eight total occupants.
   3. Assisted care living facilities and congregate care facilities; and
   4. Nursing homes
4. Protective Care means housing where the residents are assigned to the facility and are under the protective care of the county, state, or federal government. This use includes:
   1. Jails or prisons;
   2. Work release;
   3. Psychiatric hospitals; and
   4. Comparable facilities.
5. Private Club means organizations or associations of persons for some common purpose, such as a fraternal, social, educational or recreational purpose, but not including clubs organized primarily for-profit or to render a service which is customarily carried on as a business. Private club does not include organizations with a principal purpose of serving alcoholic beverages to its members or others. Examples of private clubs include (but are not limited to) 4-H Clubs, veterans organizations, Boy Scout and Girl Scout facilities, Elks Lodges, YMCA, YWCA, private community clubhouses, golf clubhouses, and fraternities and sororities that do not include residential facilities.
6. Public Service means uses which provide public services, including police stations, post offices, and fire stations, as well as other municipal services that are not utilities. The phrase "public service" also includes conservation agencies. The phrase does not include office uses, which are defined in Section 18.205 , Commercial Uses.
7. Utilities, Neighborhood means utilities that serve the local area, including utility substations or transmission and local distribution facilities, including electric, gas, telephone, sewer, water, and stormwater. The phrase "utilities, neighborhood" does not include power generation that uses combustibles, or any uses that involve the storage of combustibles.
8. Hospitals means hospitals and medical laboratories, including general medical and surgical hospitals and specialty hospitals. The term "hospitals" does not mean alcoholism and drug rehabilitation facilities.

Effective on: 1/1/1901

1. Agricultural Support and Other Rural Services means uses that support agricultural uses, including:
   1. Farm supply services;
   2. Farm equipment dealers;
   3. Grain storage; and
   4. Large animal or livestock veterinarians.
2. Alcoholic Beverage Sales means the retail sale of beer, wine, or other alcoholic beverages for on- or off-premises consumption, but, for the purposes of this UDO, does not include the sale of alcoholic beverages by:
   1. A restaurant in which more than 60 percent of the annual gross sales are generated by food, provided that the sale of alcoholic beverages is for on-premises consumption;
   2. A retail permittee that complies with Rule 29, Selling of Package Alcoholic Beverages by Retail Permittee, of Title 905 IAC, Alcohol and Tobacco Commission;
   3. A grocery store, supermarket, delicatessen which is primarily engaged in the retail sale of a general food line, which may include canned and frozen foods; fresh fruits and vegetables; and fresh and prepared meats, fish, and poultry;
   4. A convenience store or food mart that is primarily engaged in the retail sale of goods, which may include milk, bread, soda, snacks and the sale of automotive fuels, provided that the sale of alcoholic beverages represents a percentage of annual gross sales of 25 percent or less of all items sold on the premises, excluding gasoline and automotive oil products;
   5. A warehouse club, superstore, supercenter, or general merchandise store primarily engaged in the retail sale of a general line of groceries or gourmet foods in combination with general merchandise, which may include apparel, furniture, and appliances;
   6. A specialty or gourmet food store primarily engaged in the retail sale of miscellaneous specialty foods not for immediate consumption and not made on the premises, which food items do not include meat, fish, seafood, fruits, vegetables, confections, nuts, popcorn, and baked goods;
   7. The sale of alcoholic beverages by a hotel pursuant to a State of Indiana Type 110, 114, 215, or 308 Permit;
   8. The sale of alcoholic beverages by a civic center pursuant to a State of Indiana Type 219, 219-1, or 219-2 Permit; and
   9. The temporary sale of alcoholic beverages pursuant to a State of Indiana Type 118 Temporary Beer / Wine Permit.
3. Bed and Breakfast means a place of lodging that:
   1. Provides five or fewer rooms for short-term rental;
   2. Is the owner's personal residence; and
   3. Is occupied by the owner at the time of room rental.
4. Commercial Lodging means places that offer overnight accommodations for short-term rental, including hotels and motels. The phrase "commercial lodging" also includes hotels that offer convention facilities or meeting rooms.
5. Commercial Retail means commercial and retail uses that do not include regular outside storage or sales. The phrase "commercial retail" includes uses that are comparable to the following:
   1. Furniture and home furnishings stores (NAICS Code 442);
   2. Electronics and appliance stores (NAICS Code 443);
   3. Paint and wallpaper stores (NAICS Code 44412);
   4. Hardware stores (NAICS Code 44413);
   5. Food and beverage stores (NAICS Code 445, except 4453);
   6. Health and personal care stores (NAICS Code 446);
   7. Clothing and clothing accessory stores (NAICS Code 448);
   8. Sporting goods, hobby, book, and music stores (NAICS Code 451);
   9. General merchandise stores (NAICS Code 452, except 45291); and
   10. Miscellaneous store retailers (NAICS Code 453).
6. Heavy Retail means retail and/or service activities that have regular outside service or outside storage areas, exceptionally large floor areas, or partially enclosed structures, as listed below:
   1. Permanent retail operations that are located outside of enclosed buildings, except nurseries;
   2. Home centers (NAICS Code 44411);
   3. Lumber and other building materials (NAICS Code 44419);
   4. Lawn, garden equipment, supplies stores (NAICS Code 44421);
   5. Warehouse clubs and super stores (NAICS Code 45291);
   6. Mini warehouses, except those with outside storage; and
   7. Recreational equipment rental where the equipment is stored outside.
7. Light Automobile Service means:
   1. Gasoline service stations, gas convenience marts, and quick service oil, tune-up, brake, and muffler shops in which:
      1. Repairs are made in fully enclosed bays.
      2. Repairs are completed in less than two hours.
      3. Vehicles are generally not stored on-site, and on the occasion when overnight storage is necessary, vehicles are stored indoors.
   2. A single-bay car wash accessory to a gas convenience mart is included in this definition when the activity constitutes less than 20 percent of total floor area, and is either:
      1. Integrated into the gas convenience mart building; or
      2. Is a separate accessory building with comparable design and materials to the gas convenience mart building.
   3. Auto malls with a number of the uses, as listed in G.1., where all activities are contained in a single building.
8. Drive-in Facility means a facility used by an approved commercial retail or service use to provide service to customers in vehicles who either:
   1. Drive up to a window or station; or
   2. Drive through the building for purchases.
9. Mixed Use means development in which a combination of residential and commercial uses (e.g., residential-over-retail), or several classifications of commercial uses (e.g., office and retail), are located on the same parcel proposed for development.
10. Office means uses in which professional, outpatient medical, or financial services are provided. The term includes:
    1. Accounting, auditing and bookkeeping;
    2. Advertising and graphic design;
    3. Architectural, engineering, and surveying services;
    4. Attorneys and court reporters;
    5. Banks, mortgage companies; and financial services;
    6. Call centers;
    7. Computer programming;
    8. Corporate headquarters;
    9. Counseling services;
    10. Data processing and word processing services;
    11. Detective agencies;
    12. Government offices;
    13. Insurance;
    14. Interior design;
    15. Medical, dental, and chiropractic offices;
    16. Real estate sales;
    17. Research and development that does not include on-site manufacturing;
    18. Retail catalog, internet, and telephone order processing, but not warehousing; and
    19. Virtual office services.
11. Car Wash means the use of a site for washing and cleaning of passenger vehicles, recreational vehicles, and light duty trucks. The phrase does not include facilities that are allowed as an accessory use to light automobile service.
12. Restaurant means an establishment that serves prepared meals to customers for consumption on-site or off-site, and includes:
    1. Full-service restaurants (NAICS Code 7221);
    2. Limited-service eating facilities (NAICS Code 7222); and
    3. Special foodservices (NAICS Code 7223).
13. Services means commercial and personal services, such as:
    1. Copy centers;
    2. Social assistance;
    3. Repair services and shops, except automobile, truck, and heavy equipment repair;
    4. Health, exercise, martial arts, yoga, dance, or art studios;
    5. Parcel service drop-off locations and mailbox services;
    6. Nail salons, beauty and barber shops, skin care, and day spas;
    7. Funeral homes;
    8. Laundry and dry-cleaning services;
14. Shopping Center means a group of retail, personal, or professional service establishments planned, developed, owned, or managed as a unit, with off-street parking provided on the property.
15. Vehicle Sales, Rental, and Service means uses that sell, rent and perform service on automobiles, boats, motorcycles, recreational vehicles. The phrase does not include auto body (e.g., collision repair), paint or upholstery services.
16. Veterinarian means veterinary clinics and hospitals that provide care for small domestic animals. For the purposes of this UDO, the term does not include large animal and livestock veterinarians, which are classified as agricultural support and other rural services.
17. Respite Care Facility means a facility that provides temporary care or supervision of individuals with developmental disabilities, mental illness or who are elderly which is provided because the individual's family or caregiver is temporarily unable or unavailable to provide needed care.
18.  Art Gallery means a facility or area that is open to the public and is intended for the display, appraisal, purchase, sale and/ or loan of paintings, sculpture, or other works of original art that have architectural, artistic, cultural, literary, historical, or scientific value. 

Effective on: 1/1/1901

1. Adult Use means:
   1. Any use of property available to the public, whether for profit or not, that: 
      1. Involves nude or topless dancing;
      2. Predominantly advertises and offers material and/or items that depict and/or are generally used in sexual activity; or,
      3. Allows other similar activities that depict, describe, simulate, or relate to sexual activities.
   2. Not limiting the preceding, the phrase "adult use" shall also include any:
      1. Bookstore/shop in which the primary type of material offered is of a sexual nature;
      2. Motion picture arcade/motion picture theater in which the predominant type of material shown depicts sexual acts;
      3. Cabaret/lounge/night club in which the predominant attraction is nude or topless dancing;
      4. Health spa/sauna in which services of a sexual nature are offered to the public;
   3. Not limiting the preceding, and with respect to specific business types, the phrase "adult use" also includes, but is not limited to, any:
      1. Adult arcade;
      2. Adult bookstore or supply store;
      3. Adult cabaret, lounge, or night club;
      4. Adult health spa or sauna;
      5. Adult hotel or motel;
      6. Adult model studio;
      7. Adult motion picture theater;
      8. Adult novelty business;
      9. Adult outdoor motion picture theater;
      10. Escort agency;
      11. Lingerie Modeling Studio;
      12. Massage parlor;
      13. Sexual encounter center; or
      14. Any other business that offers its patrons services or entertainment that provide nude dancing or other live recording performances that depict, describe, or relate to “specified anatomical areas” or “specified sexual activities.”
2. Campgrounds means a form of commercial lodging where guests bring tents, travel trailers, recreational vehicles (RVs), campers, or other similar forms of shelter. The campground rents pads to the guests. The term "campgrounds" also includes the phrase "RV Parks."
3. Commercial Amusement, Indoor means uses that provide commercial amusement indoors (except adult uses), including but not limited to:
   1. Bowling alleys and pool rooms;
   2. Indoor sports arenas;
   3. Movie theaters and live theaters;
   4. Indoor skating rinks (ice or roller);
   5. Video arcades; and
   6. Shooting arcades.
4. Commercial Amusement, Outdoor means uses that provide commercial amusement outdoors (except adult uses), including but not limited to:
   1. Outdoor arenas or stadiums (including but not limited to amphitheaters, sports stadiums, concert facilities, rodeos, and racing facilities);
   2. Amusement parks or theme parks;
   3. Fairgrounds;
   4. Miniature golf establishments;
   5. Golf driving ranges;
   6. Water slides;
   7. Batting cages; and
   8. Shooting ranges.
5. Recreation, Indoor means uses that provide recreation opportunities indoors for the public (open to the community) or residents of a subdivision or development, which are not commercial in nature. Specifically excluded from the definition are health and exercise clubs and commercial amusement uses. The phrase "recreation, indoor" includes:
   1. Community recreation centers;
   2. Gymnasiums;
   3. Indoor swimming pools; or
   4. Tennis, racquetball, or handball courts.
6. Recreation, Outdoor means uses that provide recreation opportunities outdoors for the public (open to the community) or residents of a subdivision or development, which are not commercial in nature (except for golf courses, which may be commercial in nature). The phrase "recreation, outdoor" includes public areas for active or passive recreational activities including, but not limited to:
   1. Jogging, cycling, tot-lots, playing fields, playgrounds, outdoor swimming pools, and tennis courts;
   2. Golf courses (regardless of ownership or membership);
   3. Arboretums, wildlife sanctuaries, forests, and other natural areas which may be used for walking or hiking; or
   4. Other passive recreation-oriented parks, including picnic areas, garden plots, and beaches.

Effective on: 1/1/1901

1. Light Industry means:
   1. Industrial and wholesale uses that are relatively small in scale that have limited outside storage and limited environmental impacts or risks, as follows:
      1. The use is conducted in buildings that have:
         1. A ground floor area of less than 80,000 square feet; or
         2. Outside storage that occupies less than 15,000 square feet; or
         3. A height of less than 45 feet; and
      2. The use is one of the following:
         1. Assembly of products, instruments, electronics, office and computing machines, and fixtures from pre-manufactured components;
         2. Auto or marine body, paint, or upholstery services;
         3. Building, development, and general contracting;
         4. Communications facilities, except wireless telecommunications facilities;
         5. Food production other than restaurants and micro-breweries;
         6. Furniture making or refinishing;
         7. Manufacture of textiles and apparel;
         8. Printing and publishing, except copy centers;
         9. Special trade contractors, excluding outside storage of any equipment that is more than 12 feet in height; and
         10. Wholesale trade, durable and non-durable, except farm products and combustible or hazardous materials; and
   2. Uses that have involve outside storage of heavy vehicles, and limited environmental impacts or risks, as follows:
      1. Truck rental or heavy equipment rental;
      2. Truck, recreational vehicle, and manufactured home sales; and
      3. Transportation services; and
   3. Heavy industrial uses that are small in scale and involve limited environmental impacts or risks, including:
      1. High-tech heavy industry that meets the following criteria:
         1. The use occupies less than 20,000 square feet; and
         2. Receives and ships via parcel courier service, not semi-trailers;
      2. Any heavy industrial use that meets the following criteria:
         1. The use occupies less than 20,000 square feet of a masonry building;
         2. The use has no outside storage or processing; and
         3. Receives and ships via parcel courier service, not semi-trailers; and
   4. Mini-warehouses with outside storage; and
   5. Regional utility substations or distribution stations that are located on sites that are at least two acres in area.
2. Heavy Industry means industrial uses, wholesale uses, manufacturing uses, and the storage of dangerous materials for distribution (e.g., explosive industrial gasses), which are relatively large in scale, involve significant outside storage, or involve material environmental risks. Heavy industry includes all industries that include and are comparable to the following:
   1. Uses listed in subsection A.1.b. that do not meet the criteria set out in subsection A.1.a., above;
   2. Alcoholic beverages manufacturing;
   3. Automotive salvage rebuilder;
   4. Bulk fuel dealers;
   5. Heavy construction contractors;
   6. Industrial equipment leasing;
   7. Meat products manufacturing;
   8. Seafood product reparation and packaging;
   9. Stone, clay, and glass products;
   10. Transportation equipment manufacturing;
   11. Regional utilities, but not including administrative offices, substations, or transmission and distribution lines (this includes all utilities not included as Community Utilities); and
   12. Welding, sheet metal cutting and assembly, and blacksmith.
3. Warehousing and Transportation means warehousing and logistics facilities, except:
   1. Mini- or self-storage warehouses;
   2. Warehousing that is accessory to a manufacturing facility, occupying less than 25 percent of the total floor area of the facility; and
   3. Parcel service drop-off locations that are not accessory to a parcel service processing facility.
4. Utilities, Community means a utility that is served by or involves rights-of-way or easements greater than 20 feet. The phrase does not include the production or storage of electricity or natural gas, which are heavy industry uses.
5. Extraction means uses that involve extraction of materials from the ground, including surface and subsurface mining and quarrying.
6. Waste Facilities means facilities where wastes are handled for transshipment to a disposal facility. It includes trash compaction and transfer stations.
7. Recycling and Salvage means any land or structure used for the aggregate storage of inoperable manmade equipment, machinery, scrap, or other used or discarded materials having a total cubic volume of at least 700 cubic feet, for the purposes of recycling, re-using, or re-selling components. The phrase includes:
   1. Salvaging, recycling, scrap metal processing, automotive disposal facility, and junkyards;
   2. Storing of waste paper, rags, scrap metal, polystyrene foam, porcelain, batteries, electronic components, and other discarded materials for recycling; 
   3. Collection, dismantlement, storage, and salvage of inoperable vehicles, boats, trucks, farm vehicles or equipment, or other types of heavy machinery.
8. Disposal means facilities for the disposal of waste or the composting of organic wastes. The term includes:
   1. Landfill; and
   2. Composting facility.
9. Wind Farm means one or more wind-driven turbines that produce more than 100 kW per turbine.

Effective on: 1/1/1901

1. Airport means aircraft take-off and landing fields and flight training schools. The term airport does not include:
   1. Airstrips for personal aircraft for the private use of an individual; and
   2. Heliports that are accessory to another use, such as a hospital.
2. Cemetery means an outdoor area designated for the burial of human remains. The term cemetery does not include:
   1. Private memorial gardens that are accessory to places of worship, university campuses, or farmsteads; or
   2. Columbaria that are accessory to places of worship, or university campuses.
3. Parking and Transit Facilities means:
   1. Parking that is not accessory to a specific use, where a fee is normally charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as a Parking Facility. This includes small structures intended to shield attendants from the weather.
   2. Terminals used for the ticketing, loading, and unloading of bus or train passengers. Food and beverage sales conducted during normal terminal operations are included as accessory uses.
4. Wireless Telecommunication Facilities means radio or television broadcasting towers, telecommunications towers, and antenna arrays. The phrase does not include residential satellite dishes, TV or HDTV antennae, or amateur radio antennae.

Effective on: 1/1/1901

1. Commercial Outdoor Sales Event means outdoor sales of seasonal goods by occupants of a parcel, in an area designated on an approved site plan for outdoor sales.
2. Contractors Office means watchmans' trailers, construction equipment sheds, contractors' trailers, and similar uses incidental to a construction project. Such uses may include sleeping and/or cooking facilities.
3. Farm Stand means a temporary or permanent structure or vehicle used for the sale of agricultural produce in-season, at least 50 percent of which is grown by the seller or farmers within 25 miles of the City limits.
4. Garage Sale means the sale of various used goods that are owned by the occupants of the dwelling unit that is the location of the sale. The phrase does not include commission sales or the retail sale of new merchandise.
5. Model Home means a dwelling unit that is used as a model to display the layout and finishes of other dwelling units that are or will be available for sale within a subdivision or condominium development.
6. Public Interest Event or Special Event means outdoor gatherings, auctions, art sales, and bake sales for the benefit of the community at-large, or community service or non-profit organizations (both faith-based and secular). These events may also include, but are not limited to, outdoor concerts, auctions, carnivals, circuses, outdoor religious meetings, and special entertainment at commercial properties. Such uses are characterized by frequent travel to various communities and high noise levels, regardless of their purpose.
7. Sales Office means:
   1. A dwelling unit within a subdivision that is used as a sales office;
   2. A dwelling unit within a condominium that is used as a sales office; or
   3. A modular unit used as a sales office for a subdivision or condominium.
8. Sidewalk Sale and Farmer's Market means sales that are conducted by either the store owner or occupant, outside their store, or by one or more commercial farms, on:
   1. A public sidewalk;
   2. A private sidewalk; or
   3. Pedestrian areas adjacent to a sidewalk.
9. Temporary Manufactured Structure means a manufactured home that is used temporarily as a classroom, dwelling unit, or storage unit. The phrase does not include portable on-demand storage units.

10. Tent Sales means the use of a tent or tent-like structure to conduct temporary commerical sales on all-weather dustless paved surface or other surface approved by the Planning Director. 

11. Truckload Sale means the sale of various goods outdoors by persons who are not employed by the owners or managers of the parcel on which the sale occurs, or tenants of buildings on the parcel on which the sale occurs.

Effective on: 1/1/1901

BMP  Best Management Practice

USACE  United States Army Corps of Engineers

CWA  Clean Water Act

EPA  Environmental Protection Agency

GIS  Geographical Information System

IDEM  Indiana Department of Environmental Management

MS4  Municipal Separate Storm Sewer System

NRCS  USDA-Natural Resources Conservation Service

NPDES  National Pollutant Discharge Elimination System

POTW  Publicly Owned Treatment Works

SWCD  Soil and Water Conservation District

SWPPP  Stormwater Pollution Prevention Plan

USDA  United States Department of Agriculture

USFWS  United States Fish and Wildlife Service

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

(Ord. # 18, 2024, 08/12/2024)

Abandoned Vehicle means the following:

1. A vehicle located on public property illegally.
2. A vehicle left on public property without being moved for three (3) days.
3. A vehicle located on public property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicular traffic on a public right-of-way.
4. A vehicle that has remained on private property without the consent of the owner or person in control of that property for more than forty-eight (48) hours.
5. A vehicle from which the engine, transmission, or differential has been removed or that is otherwise partially dismantled or inoperable and left on public property.
6. A vehicle that has been removed by a towing service or public agency upon request of an officer enforcing a statute or an ordinance other than this chapter if the impounded vehicle is not claimed or redeemed by the owner or the owner's agent within twenty (20) days after the vehicle's removal.
7. A vehicle that is at least three (3) model years old, is mechanically inoperable, and is left on private property continuously in a location visible from public property for more than twenty (20) days.

Statutory Reference: IC 9-13-2-1

Effective on: 1/1/1901

Abandonment means:

1. With regard to nonconforming situations, the cessation of the legally nonconforming use of land, buildings, structures, or signs, either:
   1. With the intent not to resume the use; or
   2. For the period specified in Section [@@218], Abandonment or Discontinuance of Use.
2. Signs are abandoned with they have their electricity disconnected (for lighted signs), message deleted, message referring to a terminated use, or damage that is not repaired for the period set out in Section [@@218], Abandonment or Discontinuance of Use.

Effective on: 1/1/1901

Access means an area designated as a way for vehicles to enter or leave a parcel or lot from or to a public or private street or alley. Access is intended to permit residents to bring their vehicles onto the property, to allow customers or tenants to park, and to provide for public safety access in emergencies.

Effective on: 1/1/1901

Access Easement means that portion of a lot that is used for ingress/egress to an abutting lot, and which may be shown on a final plat or a recorded easement declaration. The phrase does not generally include public street rights-of-way.

Effective on: 1/1/1901

Accessory Building or Accessory Structure means a building or structure that:

1. Is subordinate to and serves a principal building or structure;
2. Contributes to the comfort, convenience or necessity of occupants of the principal building or structure;
3. Is obviously subordinate in area, extent or purpose to the principal building or structure; and
4. Is located on the same lot as the principal building or structure served.

(For floodplain regulations applicability, see Division 18.400, Floodplain Management Definitions, "Accessory Structure.")

Effective on: 1/1/1901

Accessory Use means a use of land, structure, or building, or portion thereof, that is commonly associated with, incidental, and subordinate to a principal use, and located on the same lot or parcel with such principal use.

Effective on: 1/1/1901

Active Recreation means recreational uses, areas, and activities oriented toward potential competition or involving special equipment. Playgrounds, sports fields and courts, swimming pools, picnic areas, and golf courses are examples of active recreation uses.

Effective on: 1/1/1901

Addition means any construction that adds to or enlarges the size of an existing building. Additions include any extension or increase in floor area or height of a building or structure.

Effective on: 1/1/1901

Adequate Public Infrastructure means:

1. Water, sewer, and stormwater facilities that:
   1. Meet all construction requirements of this UDO and the Standards Manual; and
   2. Have sufficient capacity where the connection is made to the system, as well as in mains, interceptors, or other off-site facilities (including treatment facilities and storage facilities) to serve the development to which they are connected; and
2. Streets that meet all construction requirements of this UDO and the Standards Manual and have sufficient capacity to serve the development to which they are connected.

Effective on: 1/1/1901

Adult Arcade means a commercial establishment that offers coin-operated (or operation by any other form of consideration) electronically-, electrically-, or mechanically-controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices to show images to 50 or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting of specified anatomical areas or specified sexual activities.

Effective on: 1/1/1901

Adult Bookstore or Supply Store means an establishment having 25 percent or more of all usable interior, retail, wholesale, or warehouse space devoted to the distribution, display, or storage of books, magazines, and other periodicals and/or photographs, drawings, slides, video tapes, DVDs, recording tapes, and/or novelty items which are distinguished or characterized by their emphasis on matters depicting, cribbing, or relating to specified sexual activities or specified anatomical areas. Such establishments or the segment or section devoted to the sale or display of such material in an establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

Effective on: 1/1/1901

Adult Cabaret, Lounge, Night Club means an establishment which features any of the following:

1. Topless dancers, and/or bottomless dancers;
2. Go-go dancers;
3. Strippers;
4. Male and/or female impersonators or similar entertainers;
5. Topless and/or bottomless waitpersons or employees; or
6. Lingerie or bathing suit fashion shows, which not infrequently feature entertainers who:
   1. Display specified anatomical areas;
   2. By reason of their appearance or conduct, perform in a manner which is designed primarily to appeal to the prurient interest of the patron; or
   3. Engage in, or are engaged in, explicit simulation of specified sexual activities.

Effective on: 1/1/1901

Adult Health Spa or Sauna means a health spa, sauna or massage parlor that excludes minors by reason of age and/or provides: steam baths, heat bathing, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body, and is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas. This definition does not include health spas, salons or similar establishments that offer massage therapy or other manipulation of the human body by a certified massage therapist.

Effective on: 1/1/1901

Adult Hotel or Motel means: 

1. A hotel or motel, which rents rooms by the hour and presents visual displays, graphic materials, or activities that depict, describe or relate to specified sexual activities or specified anatomical areas.
2. A hotel, motel, or similar commercial establishment offering public accommodations for any form of consideration that provides patrons with closed-circuit television transmissions; films; motion pictures; video cassette recorders; DVD recorders; slides; or other photographic reproductions for viewing or recording; which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas and/or rents leases or lets any room for less than a six hour period; or
3. Rents, leases, or lets any single room more than twice in a 24 hour period.

Effective on: 1/1/1901

Adult Model Studio means any place where models who display specified anatomical areas are present to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by persons who pay some form of consideration or gratuity. This definition shall not apply to any bona fide art school or similar educational institution, or a professional photographic studio.

Effective on: 1/1/1901

Adult Motion Picture Theater means an establishment emphasizing or predominantly showing sexually oriented movies.

Effective on: 1/1/1901

Adult Novelty Business means an establishment which:

1. Has as a principal activity the sale of devices which stimulate human genitals or devices designed for sexual stimulation; or
2. Has a substantial or significant portion of its sales or stock in trade consisting of toys, devices, clothing novelties, lotions and other items distinguished or characterized by their on or use for specified sexual activities or specified anatomical areas; or
3. Holds itself out to the public as a purveyor of such materials based upon signage, advertising, displays, actual sales, exclusion of minors from the establishment’s premises or any other factors showing the establishment’s primary purpose is to purvey such material.

Effective on: 1/1/1901

Adult Outdoor Motion Picture Theater means a drive-in theater used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas for observation by patrons of the theater. Such establishment is customarily not open to the public generally, but only to one or more classes of the public, excluding any minor by reason of age.

Effective on: 1/1/1901

Adult Use. See Section 18.206, Recreation and Amusement Uses.

Effective on: 1/1/1901

Alley means a secondary means of access to abutting property that may be used for service vehicles and access to parking areas.

Effective on: 1/1/1901

Alter or Alteration means a change in the appearance of a building, structure, site, or object, which is not otherwise covered by the definition of demolition, or any other change for which a permit is required pursuant to this UDO or the building code.

Effective on: 1/1/1901

Antenna means any exterior transmitting or receiving device mounted on a tower, building, or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals, or other communication signals.

Effective on: 1/1/1901

Apartment means a multi-family dwelling unit contained in a building that is comprised of three or more dwelling units, each having an entrance to a hallway, stairway, or balcony in common with at least one other dwelling unit.

Effective on: 1/1/1901

Appeal means review of a decision, determination, order, or act of an administrative body pursuant to the terms of this UDO. (For floodplain regulations applicability, see Division 18.400, Floodplain Management Definitions, "Appeal.")

Effective on: 1/1/1901

Applicant means any person or entity applying for development approval pursuant to this UDO.

Effective on: 1/1/1901

Approval means final action granting approval of an application, by the appropriate administrative body specified in Division 15.200, Permits and Approvals.

Effective on: 1/1/1901

Architect means an individual registered by the State to practice the profession of architecture.

Effective on: 1/1/1901

Arterial Street. See Street, Arterial.

Effective on: 1/1/1901

Attic means the area between roof framing and the ceiling of the rooms below and that is not habitable, but may be reached by ladder and used for storage or mechanical equipment. The term does not include habitable areas. 

Effective on: 1/1/1901

Automotive Disposal Facility means a person, firm, limited liability company, corporation, or other legal entity that, in the course of business, engages in the acquisition and dismantling or demolition of motor vehicles, motorcycles, semitrailers, or recreational vehicles or their remains for the benefit of reusable components and parts or recyclable materials. The phrase does not include a scrap metal processor. The phrase includes the following enterprises:

1. An automotive salvage recycler.
2. A hulk crusher.

Statutory Reference: IC 9-13-2-44

Effective on: 1/1/1901

Automotive Salvage Rebuilder means a person, firm, limited liability company, corporation, or other legal entity engaged in the business:

1. Of acquiring salvage motor vehicles for the purpose of restoring, reconstructing, or rebuilding the vehicles; and
2. In the resale of these vehicles for use on the highway.

Statutory Reference: IC 9-13-2-9

Effective on: 1/1/1901

Automotive Salvage Recycler means a business that:

1. Acquires damaged, inoperative, discarded, abandoned, or salvage motor vehicles, or their remains, as stock-in-trade;
2. Dismantles and processes such vehicles or remains for the reclamation and sale of reusable components and parts; and
3. Disposes of recyclable materials to a scrap metal processor or other appropriate facility.

Statutory Reference: IC 9-13-2-10

Effective on: 1/1/1901

Awning means a roof-like cover, often of fabric of architectural metal, designed and intended for protection from the weather, or as a decorative embellishment, and which projects from a wall of a structure over a window, walk, door or the like.

Effective on: 1/1/1901

Balcony means a balustraded or railed elevated platform projecting from the wall of a building, which does not include supports that extend to the ground. See Figure B-1, Balcony.

Figure B-1: Balcony

Effective on: 1/1/1901

Base Flood Elevation (See Floodplain Management Definitions.)

Effective on: 1/1/1901

Basement means the lowest floor of a building, provided that it is more than four feet below the average finished grade surrounding the building. If the lowest floor is less than four feet below the average finished grade surrounding the building, then it is the first story. (For floodplain regulations applicability, see Division 18.400, Floodplain Management Definitions, "Basement.")

Effective on: 1/1/1901

Base Site Area means the area calculated according to the parameters of Section 3.202, Base Site Area.

Effective on: 1/1/1901

Bed and Breakfast. See Section 18.205, Commercial Uses.

Effective on: 1/1/1901

Best Management Practices means that combination of conservation measures, structures, vegetation, or management practices that reduces or avoids adverse impacts of development on adjoining land, wetlands, waterways, and water bodies.

Effective on: 1/1/1901

Bicycle Lanes are areas designated in the paved area of a street that are intended for use by bicycles. Bicycle lanes are one-way facilities that carry bicycle traffic in the same direction as motor vehicle traffic.

Effective on: 1/1/1901

Block means an area of land surrounded on all sides by streets or other transportation rights-of-way or by physical barriers such as water bodies or public open spaces. Blocks are normally divided into lots. See Figure B-2, Block.

Figure B-2: Block

Effective on: 1/1/1901

Board of Zoning Appeals means the City of Valparaiso Board of Zoning Appeals.

Effective on: 1/1/1901

Buffer means a designated area that is designed to absorb, preclude, or mitigate the impacts of development on neighboring uses or natural areas by some combination of construction design, vegetative plantings, fences, and/or maintenance practices which will be permanently maintained. Buffers are planted or installed within bufferyards, located:

1. Between two uses that are relatively incompatible with each other;
2. Along the perimeter of a natural feature to be protected from an incompatible use; or
3. Along the perimeter of a proposed use.

Effective on: 1/1/1901

Bufferyard means a strip of land on the periphery of a property, which is designated in order to separate one type of land use or zoning district from another, when they have potential to be incompatible or in conflict. Bufferyards also include strips of land along streets that protect the use from street-related nuisances or that screen undesirable uses from public view.

Figure B-3: Bufferyard

Effective on: 1/1/1901

Build-to Line means a line to which a minimum of 70% of the front of the building on a property must be built.

Effective on: 1/1/1901

Buildable Area means the space remaining on a lot after the minimum open space or landscape surface requirements, bufferyards, and setbacks have been met.

Figure B-4: Buildable Area

Effective on: 1/1/1901

Building means a structure that has a roof and walls, and which is intended to shelter people, animals, property, or business activity, and includes any structure used or intended to be used for supporting or sheltering a use or occupancy. The term "building" shall be construed as if it were followed by the words "or part or parts thereof and all equipment therein."  (For floodplain regulations applicability, see Division 18.400, Floodplain Management Definitions, "Structure.")

Effective on: 1/1/1901

Building Code means any code for construction of buildings and structures adopted from time to time by the City of Valparaiso.

Effective on: 1/1/1901

Building Commissioner means the City official who is responsible for review and issuance of building permits.

Effective on: 1/1/1901

Building Coverage means the footprint of all buildings (area within exterior walls) on a parcel or lot divided by the total area of the parcel or lot.

Effective on: 1/1/1901

Building Frontage means the width of a building along the street that the primary facade of the building faces.

Effective on: 1/1/1901

Building Height means the height of a building, calculated according to the parameters of Section 3.201, Height..

Effective on: 1/1/1901

Building Line means a line that is parallel to a lot line, which runs through the point of the building that is closest to the lot line, excluding portions of the building that are permitted encroachments (see Section 2.301, Exceptions to Yard Standards and Section 2.401, Exceptions to Yard Standards). The building line may or may not be contiguous with the setback line. See Figure B-5, Building Line.

Figure B-5: Building Line

Effective on: 1/1/1901

Bulk Regulations means those regulations that control the maximum floor area, building coverage, height, setbacks, and other physical aspects of a building.

Effective on: 1/1/1901

Caliper means the diameter of new landscape plantings, measured four inches above ground.

Effective on: 1/1/1901

Certificate of Occupancy means a statement signed by the Building Commissioner, setting forth that a building or structure complies with this UDO, and that the building or structure may be used for the purposes stated therein.

Effective on: 1/1/1901

Cluster means a development pattern or design technique in which lots are grouped together, rather than spread evenly throughout a parcel (as in conventional subdivision development). Cluster development allows the remaining land to be used for recreation, open space, and the preservation of natural resources. See Figure C-1, Cluster.

Figure C-1: Cluster

Effective on: 1/1/1901

Collocation means the locating of wireless communication equipment from more than one provider on a single mount or support structure.

Effective on: 1/1/1901

Commencement of Construction means that a building permit or other written permit required to be issued by the City has been issued, and work has commenced under such permit. This is recognizable upon an inspection of the property and which work is of a nature and character that reflects a good faith intention to continue the work until completion, such as the clearing of rights-of-ways, rough-grading of the roadway, the installation of a drainage system or stormwater management facilities, and the placement and active maintenance of erosion and sediment control measures.

Effective on: 1/1/1901

Commercial Vehicle means any truck, van, or automobile with lettering or other painting that advertises a company or business. The phrase does not include police and emergency service vehicles that are taken home by employees who are on-call.

Effective on: 1/1/1901

Communications Tower. A structure erected to support antennae.

Effective on: 1/1/1901

Comprehensive Plan means the most current City of Valparaiso Comprehensive Plan, including all adopted maps, charts, and explanatory materials.

Effective on: 1/1/1901

Conservation means the planned management of a natural feature to prevent its exploitation, destruction, or neglect.

Effective on: 1/1/1901

Conservation Area means:

1. An area designated on a site plan, subdivision plat, or other legal instrument, that is established to preserve and protect natural resources; or 
2. A public or private land use that preserves an area in a natural condition.

Effective on: 1/1/1901

Conservation Easement means an easement, running in favor of the City or a non-profit agency, providing that the land that is subject to the easement will be left in a natural state or as open space, along with such other restrictions as to use or development that are set forth in the easement.

Effective on: 1/1/1901

Contiguous, with reference to the relative location of lots or parcels, means: 

1. Parcels or lots that abut other parcels or lots along shared boundary lines; or
2. Parcels or lots that are separated only by:
   1. Streets or alleys;
   2. Easements or rights-of-way for pipelines, electric power lines, or conduits.

Effective on: 1/1/1901

Cottage Industry. See Section 18.203, Home Uses.

Effective on: 1/1/1901

County means Porter County, Indiana.

Effective on: 1/1/1901

Cut-off means the point at which all light rays emitted by a lamp, light source, or luminaire are intercepted by a shield that prevents their continuation. For signs, the term "cut-off" refers to the use of shields to direct the light so light rays shine exclusively on the sign.

Effective on: 1/1/1901

Cut-off Angle means the angle formed by a line drawn from the light source to the ground and a line perpendicular to the ground from the light source, above which no light is emitted.

Effective on: 1/1/1901

Cut-off Fixture means an outdoor lighting fixture, or luminaire, with shields, reflectors, or panels that direct and cut off the light at an angle that is less than 90 degrees.

Effective on: 1/1/1901

Cutout means an appendage to a sign extending outside of the regular square or rectangular sign area.

Effective on: 1/1/1901

Day Care Center means a facility licensed by the State of Indiana for the care of children for less than 24 hours a day. The phrase does not include child care homes.

Effective on: 1/1/1901

Day-Night Level (DNL) means a sound measurement scale that measures noise exposure over a 24-hour period. The scale accounts for nighttime noise levels by imposing a 10 a-weighted decibel (dB(A)) penalty against sounds that occur between 10:00 PM and 7:00 AM during the 24-hour period (this means that one nighttime event is considered equal to 10 daytime events at the same level). The scale also accounts for various weather patterns that may affect noise levels. Generally speaking, this measurement scale converts the a-weighted decibels of various noise events into sound exposure level (SEL), which measures the noise level of each individual event in a one-second period. These individual events are then computed over the 24 hour period to reflect a DNL.

Effective on: 1/1/1901

Decision Sight Distance means the distance at which drivers can detect a hazard or a signal in a cluttered roadway environment, recognize it or its potential threat, select an appropriate speed and path, and perform the required action safely and efficiently. 

Effective on: 1/1/1901

Deck means an exterior floor supported on at least two opposing sides by an adjacent structure, and/or posts, piers or other independent supports. See Figure D-1, Deck.

Figure D-1: Deck

Effective on: 1/1/1901

Dedication means the transfer of private property to public or common ownership for a public purpose. The transfer may be in fee simple interest or less than fee simple interest, including easements. Dedication requires the acceptance of the interest to be complete.

Effective on: 1/1/1901

Demolish or Demolition means to raze or destroy, whether entirely or in significant part, a building, structure, site, or object. Demolition includes the removal of a building, structure, or object from its site, the removal or destruction of the facade or surface, or the alteration to such an extent that repair is not feasible or is so costly so as to be prohibitive, rendering the property unfit for use. Demolition includes demolition by neglect.

Effective on: 1/1/1901

Density means the average number of dwelling units allowed on an acre of land. It is calculated as provided in Section 3.205, Density.

Effective on: 1/1/1901

Density, Gross. See Section 3.205, Density.

Effective on: 1/1/1901

Density, Net. See Section 3.205, Density.

Effective on: 1/1/1901

Detention Basin. A natural depression or man-made structure designed as a temporary holding basin for water. Water is detained to minimize flooding downstream and slow flow to increase the deposit of sediments within the basin.

Effective on: 1/1/1901

Developer means a person who constructs buildings, structures, or improvements pursuant to the requirements of this UDO.

Effective on: 1/1/1901

Development. See Sec. 1.201 Applicability. (For floodplain regulations applicability, see Division 18.400, Floodplain Management Definitions, "Development.")

Effective on: 1/1/1901

Diameter at Breast Height (DBH) means a measurement of the size of tree that is equal to the diameter of its trunk, measured four and one-half feet above the adjacent natural grade.

Effective on: 1/1/1901

Disposal Field means a system of open jointed or perforated pipes laid in the upper strata of the soil to distribute sewage effluent into the soil for absorption and vaporization.

Effective on: 1/1/1901

Dormitory. See Section 18.202, Residential Uses.

Effective on: 1/1/1901

Drainage means the process by which surface water (usually from rainfall) moves across the land surface.

Effective on: 1/1/1901

Drainage Areas means delineated areas that currently contribute or are proposed to contribute to drainage to a specific location or point.

Effective on: 1/1/1901

Drip-line means a generally circular line, the circumference of which is determined by the outer reaches of a tree's widest branching points.

Effective on: 1/1/1901

Driveway means a private accessway, primarily for vehicles, leading from a street to a parking or loading area.

Effective on: 1/1/1901

Duplex means a form of multi-family dwelling with no more than two units per structure, located one over the other.

Effective on: 1/1/1901

Dwelling means a building, or portion thereof, used as a place of residence, containing sleeping, cooking, and sanitary facilities, excluding commercial lodging facilities.

Effective on: 1/1/1901

Dwelling, Attached means two or more dwelling units in a single structure or attached structures, each of which could have a single lot, which are separated from each other by a dividing wall. Such units may be side-by-side, back-to-back, or both. This includes twin homes and townhouses.

Effective on: 1/1/1901

Dwelling, Multi-Family means a structure that contains more than two dwelling units, with either direct access to the outside or through a common hallway, with a separate kitchen facility and living quarters in each unit. The phrase includes multi-family buildings and multiplexes and does not include buildings configured as attached dwellings.

Effective on: 1/1/1901

Dwelling, Single-Family Detached means a dwelling unit, designed for and occupied by not more than one family and having no roof, wall or floor in common with any other dwelling unit.

Effective on: 1/1/1901

Dwelling Unit means one or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family, with separate facilities for all of the following: sanitation, living, sleeping, cooking, and eating.

Effective on: 1/1/1901

Earthen Berm means a man-made mound of earth in excess of two feet in vertical height, used to shield or buffer properties from adjoining uses, highways, or noise or to control the direction of surface water flow.

Effective on: 1/1/1901

Easement means any portion of a parcel that is subject to an agreement between the property owner and another party, which grants the other party the right to make limited use of that portion of the property for a specified purpose.

Effective on: 1/1/1901

Elevated Structure (For floodplain regulations applicability, see Division 18.400, Floodplain Management Definitions, "Elevated Structure.")

Effective on: 1/1/1901

Endorsement means any signature that is required by Indiana law to signify approval of a subdivision plat or development plat.

Effective on: 1/1/1901

End Use Plan. means a plan for the use of a quarry or landfill or similar use that addresses the period after the primary use is closed.

Effective on: 1/1/1901

Engineer, Professional means an individual who is technically and legally qualified to practice the profession of civil engineering and who is registered to do so in the State of Indiana.

Effective on: 1/1/1901

Entry Turnaround means an esplanade opening or other accommodation provided at the entrance to a private street development in order to allow vehicles denied access to reenter the public street with a forward motion without unduly disturbing other vehicles at the entrance.

Effective on: 1/1/1901

Erosion means the wearing away of soil or rock fragments by water, ice, rain, wind, earth gravity, or other geologic event.

Effective on: 1/1/1901

Erosion Control Measure means a specific practice, or combination of practices, to control erosion and resulting sedimentation.

Effective on: 1/1/1901

Erosion Control Plan means a written description of pertinent information, drawings, sketches, reports, and other appropriate data concerning erosion control measures designed to meet the requirements of this UDO for a specific site and activity, and submitted to the Board of Public Works and Safety for approval.

Effective on: 1/1/1901

Escort Agency means a person or business who furnishes, offers to furnish, or advertises the furnishing of escorts for a fee, tip, or other consideration. In this context, and "escort" is a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees to privately model lingerie, or to privately perform a striptease for another person.

Effective on: 1/1/1901

Essential Access means an access that must cross a resource restricted area, such as a wetland or steep slope, to reach an area of the site that is otherwise buildable.

Effective on: 1/1/1901

Excess Stormwater Runoff means all increases in the quantity of stormwater runoff that result from one or more of the following:

1. An increase in a site's impervious surface that results from any new buildings, roads, and/or parking lots;
2. Changes in soil absorption that are caused by compaction during development;
3. Contour modifications, including filling or draining small depressional areas, altering drainageways, or installing collection systems to intercept street flows or replace swales or other drainageways; or
4. Altering subsurface flows (compared to the site in its natural state).

Effective on: 1/1/1901

Existing Construction means, for the purposes of determining flood insurance rates, structures for which the commencement of construction occurred before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures."

Effective on: 1/1/1901

Existing Manufactured Home Park or Subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the City's floodplain management regulations.

Effective on: 1/1/1901

Expansion to an Existing Manufactured Home Park or Subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Effective on: 1/1/1901

Explosive means a material synthesized or mixed deliberately to allow the very rapid release of chemical energy (i.e., an explosion); or a chemical substance that is intrinsically unstable and liable to detonate under conditions that might reasonably be encountered.

Effective on: 1/1/1901

Facade means the exterior elevation of a structure or building as viewed from a single vantage point.

Effective on: 1/1/1901

Family means:

1. An individual;
2. Two or more persons related by genetics, marriage, legal adoption, foster care or guardianship, or other comparable relationship established by law; or
3. Five or fewer persons who constitute a relatively permanent functioning group living as a single housekeeping unit.

Effective on: 1/1/1901

Farm. See Section 18.201, Agricultural Uses.

Effective on: 1/1/1901

Farmstead. See Section 18.201, Agricultural Uses.

Effective on: 1/1/1901

Filling means the depositing on land, whether submerged or not, of sand, gravel, earth, or other materials. Deposit of biodegradable materials and other materials that are subject to decomposition or significant settling (such as garbage and other organic matter) shall not be considered filling.

Effective on: 1/1/1901

Final Plat means a complete and exact subdivision plan prepared in conformity with the provisions of this UDO, prepared in a manner that is suitable for recording.

Effective on: 1/1/1901

Flag. means a flexible piece of fabric, normally rectangular and attached on one side to a pole or rope, generally with printed or embroidered insignia.

Effective on: 1/1/1901

Floor Area Ratio (FAR) means a measure of the allowable size of floor area on a lot compared to the size of the lot. FAR gives developers flexibility in deciding whether to construct a low building covering most of the lot or a tall building covering only a small part of the lot, as long as the total allowable floor area coverage is not exceeded. There are two types of floor area ratio: gross floor area ratio and net floor area ratio. They are calculated as set out in Section 3.206, Intensity.

Figure F-1: Floor Area Ratio

Effective on: 1/1/1901

Footcandle means a unit measuring the amount of illumination produced on a surface. One footcandle is the amount of illumination falling on all points which are one foot from a uniform point source of one candle.

Effective on: 1/1/1901

Frontage means the horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right-of-way. On curvilinear streets, the arc between the side lot lines shall be considered the lot frontage.

Effective on: 1/1/1901

Garage, Parking. A garage that is available to the public for free or for fee, or to residents, tenants or guests of a building. Parking garage is also referred to as structured parking.

Effective on: 1/1/1901

Garage Sales. See Section 18.209, Temporary Uses.

Effective on: 1/1/1901

Grade means the average natural level of the ground adjoining a structure. Where grade refers to a street or road, it is the existing grade at that point.

Effective on: 1/1/1901

Grading means the excavating, filling (including hydraulic fill), or stockpiling of earth materials, or any combination thereof, including the land in its excavated or filled condition.

Effective on: 1/1/1901

Greywater means municipal wastewater that is treated to remove harmful components and then re-used for a purpose other than domestic potable water.

Effective on: 1/1/1901

Gross Floor Area (GFA). The sum of the total horizontal areas of every floor of every building on a lot. The measurement of gross floor area shall be computed by applying the following criteria:

1. The horizontal square footage is measured from the outside face of all exterior walls.
2. Cellars, basements, penthouses, attics, covered or uncovered porches, balconies and decks, enclosed storage or mechanical areas, mezzanines, and similar structures shall be included as GFA wherever at least seven feet are provided between the finished floor and the ceiling.
3. No deduction shall apply for horizontal areas void of actual floor space (for example, elevator shafts and stairwells). The protected upper floors of open atriums and foyers shall not be included.

Effective on: 1/1/1901

Gross Site Area means the total land and water surface area contained within the boundaries of a parcel proposed for development.

Effective on: 1/1/1901

Gross Vehicle Weight means the weight of a vehicle without passengers or cargo.

Effective on: 1/1/1901

Groundwater means that portion of the subsurface water that occurs beneath the water table in soils and geologic formations that are fully saturated.

Effective on: 1/1/1901

Guyed Tower means any communications tower using wire guys connecting above-grade portions of a communications tower diagonally with the ground to provide support for tower, antennae, and connecting appurtenances.

Effective on: 1/1/1901

Hazardous Material. Any substance as found in the federal regulation 40 CFR 116, Designation of Hazardous Substances.

Effective on: 1/1/1901

Height, Building. See Building Height.

Effective on: 1/1/1901

Height, Sign means the vertical distance measured from the highest of the adjacent sidewalk grade, adjacent street grade, or upper surface of the street curb to the highest point of the sign. Elevated roadways shall not be used to measure sign height.

Effective on: 1/1/1901

Highest Adjacent Grade  (See Division 18.400, Floodplain Management Definitions, "Highest Adjacent Grade.")

Effective on: 1/1/1901

Highway means any road thoroughfare, street, boulevard, lane, court, trailway, right-of-way, or easement used for, or laid out and intended for, public passage of vehicles or persons.

Effective on: 1/1/1901

Home Business See Section 18.203, Home Uses.

Effective on: 1/1/1901

Home Occupation. See Section 18.203, Home Uses.

Effective on: 1/1/1901

Hotel. See Section 18.205, Commercial Uses.

Effective on: 1/1/1901

Impervious Surfaces. Areas that do not allow significant amounts of water to penetrate.

Effective on: 1/1/1901

Infill means new development or redevelopment of buildings and structures on vacant or underused lots within areas containing existing structures surrounded by or in close proximity to areas that are substantially or fully developed.

Effective on: 1/1/1901

Infiltration means the passage or movement of water through the soil profile.

Effective on: 1/1/1901

Intermittent Stream means a channel with banks and a bed within which concentrated water flows some of the time.

Effective on: 1/1/1901

Intensity means the degree to which land is allowed to be used for development. Measures of intensity include density and floor area ratio.

Effective on: 1/1/1901

Junk means any motor vehicles, machinery, appliances, products, merchandise with parts missing or scrap metals or other scrap metals that are damaged, deteriorated, or are in a condition which would preclude the product’s use for its originally designed purpose.

Effective on: 1/1/1901

Effective on: 1/1/1901

Land Disturbing Activity means any person-made change of the land surface, including removing vegetative cover, excavating, filling, and the related transport of excavated materials on City streets.

Effective on: 1/1/1901

Landowner means the holder of legal title to land.

Effective on: 1/1/1901

Landscape Architect means an individual registered by the State to practice the profession of landscape architecture.

Effective on: 1/1/1901

Landscape Surface Area means the vegetated surface area of land (not covered by buildings, storage areas, pavement, or other impervious surface).

Figure L-1: Landscape Surface Area

Effective on: 1/1/1901

Landscape Surface Ratio (LSR). See Section 3.207, Open Space Ratio and Landscape Surface Ratio.

Effective on: 1/1/1901

Landscaping means the design and installation of plant material such as lawns, groundcover, trees, bushes, etc., in formal, informal, or natural arrangements.

Effective on: 1/1/1901

Lattice Tower means a structure which consists of vertical and horizontal supports and metal crossed strips or bars to support antennae and connecting appurtenances. Lattice towers may be freestanding or supported by wire guys.

Effective on: 1/1/1901

Lessee means any person who leases all or a portion of a premises on a periodic basis.

Effective on: 1/1/1901

Levee means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

Effective on: 1/1/1901

Level of Service (LOS) means:

1. A measure of traffic on a roadway segment or intersection being used during peak hours, as determined by the most current version of Report 209, the Highway Capacity Manual, prepared by the National Research Council's Transportation Research Board. Level of service is expressed on a scale of "A" to "F" with "A" indicating the best level of service and "F" indicating the worst. The definitions of levels of service "A" through "F" shall be those contained in the references cited in this definition.
2. A measure of the performance of other utilities, such as water pressure as a measure of performance for potable water service.

Effective on: 1/1/1901

Lingerie Modeling Studio means an establishment or business that provides the services of live models modeling lingerie to individual, couples, or small groups in a room smaller than 600 square feet.

Effective on: 1/1/1901

Loading Space means a durably paved, properly designed for drainage, off-street space used for the loading and unloading of vehicles, except passenger vehicles, in connection with the use of the property on which such space is located.

Effective on: 1/1/1901

Local Street means a street that is designed and constructed to provide access to individual lots.

Effective on: 1/1/1901

Logo Building means a building that has a design that is obviously and readily associated with the brand image of a particular company.

Effective on: 1/1/1901

Logo Building Element means a portion of a building, such as a roof structure, with a color scheme and architectural style or physical form that is obviously and readily associated with the brand image of a particular company.

Figure L-2: Logo Building Element Examples

Effective on: 1/1/1901

Long-Term Lease means a residential lease that has a term of six months or more.

Effective on: 1/1/1901

Lot means a parcel of land whose boundaries have been established by a legal instrument such as a recorded deed, court order, or a recorded plat, which is recognized as a separate legal entity for purposes of transfer of title.

Effective on: 1/1/1901

Lot Coverage means the proportion of a lot that is covered with impervious surfaces, such as buildings, concrete, impervious pavers, or asphalt surfaces.

Effective on: 1/1/1901

Lot Line means a line, including property line or a lease line, dividing one lot from another or from a street or other public place. There are four types of lot lines -- front, rear, side, and street. 

1. Front lot line. The street lot line from which the unit takes access; or, where more than one street yard could safely provide this access, the street serving the smallest traffic volume.
2. Rear lot line. The lot line opposite the front lot line.
3. Side lot line. The lot line that runs generally perpendicular or at angles to the street or any line that is not a front, street, or rear lot line.
4. Street lot line. Any lot line that is also a street right-of-way line.

Effective on: 1/1/1901

Lowest Floor means the lowest of:

1. Top of the basement floor; or
2. Top of the garage floor if the garage is the lowest level of the building; or
3. The top of the first floor of buildings elevated on pilings or constructed on a crawl space with permanent openings; or
4. The top of the floor level of any enclosure below an elevated building where the walls of the enclosure provide any resistance to the flow of flood waters; unless:
   1. The enclosed space is useable only for the parking of vehicles and building access; and
   2. The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters by providing a minimum of two openings (in addition to doorways and windows) with the following characteristics:
      1. A total area of (1) square inch for every (1) square feet of enclosure area subject of flooding; and
      2. The bottom of all the openings is no higher than one foot above grade.

Effective on: 1/1/1901

Major Change means a change to a plan that increases density or floor area, decreases open space, bufferyards, or parking, or which alters the alignment or layout of streets by more than five feet. For conditional approvals that were granted prior to the effective date of this UDO, any use proposed not contained in the original advertisement is a major change.

Effective on: 1/1/1901

Major Subdivision Plat. See Section 15.801, Types of Plats.

Effective on: 1/1/1901

Massage Parlor means a place where manipulated massage or manipulated exercises are practiced for pay upon the human body by anyone using mechanical, therapeutic, or bathing devices or techniques for prurient or sexual purposes.

Effective on: 1/1/1901

Manufactured Home means a factory-built, single-family structure, which is manufactured or constructed under authority of 42 U.S.C. Sec. 5403, Federal Manufactured Home Construction and Safety Standards, and is to be used as a place for human habitation, but which is not constructed with a permanent hitch or other device allowing it to be moved, other than for the purpose of moving to a permanent site, and which does not have permanently attached to its body or frame any wheels or axles.

Effective on: 1/1/1901

Manufactured Home Park or Subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for long-term lease (park) or sale (subdivision).

Effective on: 1/1/1901

Map Amendment means a change of district boundaries as shown on the Official Zoning Map.

Effective on: 1/1/1901

Minor Subdivision Plat. See Section 15.801, Types of Plats.

Effective on: 1/1/1901

Mitigation means any action taken to lessen the specified undesirable impacts of a proposed land use or land disturbance activity, including those which would adversely affect the health or longevity of a natural feature, pose a visual intrusion or conflict, or otherwise be deemed incompatible with surrounding properties.

Effective on: 1/1/1901

Mixed Use. See Section 18.205, Commercial Uses.

Effective on: 1/1/1901

Mobile Home means a building that is transportable in one or more sections, which in the traveling mode is eight feet wide or more in width or 40 feet or more in length or, when erected, is 320 or more square feet in area, and which is built on a permanent chassis.

Effective on: 1/1/1901

Monopole Tower means a single, freestanding pole structure that supports antennae and connecting appurtenances.

Effective on: 1/1/1901

Monument means a boundary marker, as required by this UDO, intended to fix the physical location of property lines.

Effective on: 1/1/1901

Motel. See Section 18.205, Commercial Uses.

Effective on: 1/1/1901

Multi-family Dwelling means a building arranged, intended, or designed to be occupied by three or more families living independently of each other. The phrase includes apartments and multiplex units.

Effective on: 1/1/1901

Multiplex means a multi-family building type that is designed to resemble a large single-family home. Units may have either private or shared access and may be arranged in a variety of configurations, including back-to-back, side-to-side, or over-under. Multiplex buildings contain three to five dwelling units per building.

Effective on: 1/1/1901

Mural means a painting applied on the side of a building, wall, ground, or structure, that is noncommercial in nature.  

Effective on: 1/1/1901

Natural Areas means areas of private lots or public land that have been created, recreated, restored, or preserved with locally indigenous plant species and are being maintained through the encouragement of locally indigenous plant species and elimination of noxious weeds.

Effective on: 1/1/1901

New Construction (See Division 18.400, Floodplain Management Definitions, "New Construction.")

Effective on: 1/1/1901

Nonconforming Building. See Section 13.201 Types of Nonconformities.

Effective on: 1/1/1901

Nonconforming Lot.  See Section 13.201 Types of Nonconformities.

Effective on: 1/1/1901

Nonconforming Situation means a nonconforming building, nonconforming structure, nonconforming lot, nonconforming use, or nonconforming sign. See Section 13.201 Types of Nonconformities.

Effective on: 1/1/1901

Nonconforming Use. A use of land or use of a building or structure lawfully existing at the time this Ordinance or a subsequent amendment to this Ordinance became effective which does not conform to the use requirements of the district in which it is located.

Effective on: 1/1/1901

Nonpoint Source Pollution.  Pollution that enters a water body from diffuse origins on the watershed and does not result from discernable, confined, or discrete conveyances.

Effective on: 1/1/1901

Nudity, or a state of nudity, means:

1. The appearance of a human anus or genitals, or female breast; or
2. A state of dress, which fails to opaquely cover a human anus or genitals, or female breast.

Effective on: 1/1/1901

Occupancy means the use of land, buildings, or structures.

Effective on: 1/1/1901

Official Intermodal Transportation Plan means the City's adopted Thoroughfare Plan (Figure 13, Proposed Thoroughfare Plan, of the City of Valparaiso Comprehensive Plan) and the adopted Pathways and Greenways Master Plan, as each may be amended from time to time.

Effective on: 1/1/1901

Official Zoning Map means the map(s) showing the location and boundaries of the zoning districts established by this UDO. These maps are entitled "Official Zoning Map of the City of Valparaiso, Indiana." 

Effective on: 1/1/1901

Opacity. The measurement of the screening effectiveness of a bufferyard or fence, expressed as the percent of vision that the screen blocks.

Effective on: 1/1/1901

Open Space means land area that will be left undeveloped as part of a natural resource preservation, recreation, bufferyard, or other open space provision of this UDO. Open space excludes areas in lots, street rights-of-way, or parking. Private open space is designed and intended for common use and the enjoyment of the residents of a subdivision or other residential development. Public open space is designed and intended for common use and the enjoyment of the residents of the City of Valparaiso. Open space is sometimes referred to as "green space," however, such phrase shall have no effect on the way open space is regulated pursuant to this Code.

Effective on: 1/1/1901

Open Space Ratio (OSR). See Section 3.207, Open Space Ratio and Landscape Surface Ratio.

Effective on: 1/1/1901

Outdoor Storage means the storage outside of a building of any material, personal or business property, or motor vehicles for a period greater than 24 consecutive hours. The phrase includes items for sale, lease, processing, and repair. It does not include personal automobiles and light trucks that are parked in a residential driveway or parking lot.

Effective on: 1/1/1901

Outparcel means a lot that is part of a commercial subdivision, which is subordinate in size to the lot used by the principal use of the parcel proposed for development.

Effective on: 1/1/1901

Parcel Proposed for Development means any parcel of land which is the subject of an application for:

1. Subdivision approval;
2. Approval of more than two dwelling units; or
3. Approval of any nonresidential development.

Effective on: 1/1/1901

Park means an area that is open to the general public or residents of a subdivision, and reserved for recreational, educational, or scenic purposes.

Effective on: 1/1/1901

Parking Space means an area of land designated for the parking of motor vehicles, and connected to a street, access aisle, or other accessway.

Effective on: 1/1/1901

Parking Structure means a structure designed to accommodate parking spaces that are fully or partially enclosed or located on the deck surface of a building. The phrase includes parking garages, deck parking, and underground or under-building parking areas.

Effective on: 1/1/1901

Passive Recreation means recreational uses, areas, or activities oriented to noncompetitive activities that either require no special equipment or are located in natural areas. The phrase includes, among other things, bicycle riding, hiking, picnicking, and bird watching.

Effective on: 1/1/1901

Pastures means open areas used for the grazing of livestock, or for horseback riding.

Effective on: 1/1/1901

Patio means a ground level area, usually paved, adjoining a home, which is designed for use as an area for outdoor lounging, dining, or other comparable leisure activities. See Figure P-1, Patio.

Effective on: 1/1/1901

Patio House means a dwelling type that is a detached or semi-detached unit (i.e. attached by a common wall to another dwelling unit) for a single family, with one dwelling unit from ground to roof. Each dwelling unit's lot is fully enclosed by a wall located at the lot line, creating a private yard, referred to as a patio, between the house and the wall. All living spaces, such as living rooms, dens, and bedrooms, face into the yard or patio.

Effective on: 1/1/1901

Pattern Book means a guide for the development of buildings that establishes standards for the form, proportion, massing, architectural styles, color, materials, and detail requirements of buildings.

Effective on: 1/1/1901

Pavement Width or Width of Pavement means the portion of a street that is available for vehicular traffic; or, where curbs are installed, it is the portion between the face of curbs.

Effective on: 1/1/1901

Peak Hours means, in general, periods from 7:00 a.m. to 9:00 a.m. and from 4:00 p.m. to 6:00 p.m. on weekdays. A peak hour is a 60-minute period occurring within a peak period of use of a street. Different peak hours may be established based on the type of development or traffic counts on a street.

Effective on: 1/1/1901

Pedestrian Way means a publicly or privately owned right-of-way or easement for pedestrian or bicycle use.

Effective on: 1/1/1901

Perennial Stream means a channel with banks and a bed within which concentrated water flows all of the time.

Effective on: 1/1/1901

Performance Guarantee. See Surety.

Effective on: 1/1/1901

Permit means one or more documents issued by the City allowing a person to begin an activity provided for in this UDO or other codes, ordinances, and regulatory provisions administered by the City. A permit allows only the work or development specified in the permit.

Effective on: 1/1/1901

Permitted Use means a use allowed by right in a zoning district without the need for special administrative review and approval, upon satisfaction of the standards and requirements of this UDO.

Effective on: 1/1/1901

Petition means a written request for City action or appellate review pursuant to this UDO.

Effective on: 1/1/1901

Photovoltaic Array means two or more solar panels linked or connected together for the purpose of converting sunlight into electricity. 

Effective on: 1/1/1901

Places of Public Assembly. See Section 18.204, Institutional Uses.

Effective on: 1/1/1901

Plan, Final means a complete subdivision or other plan of development, which includes all required supplementary data.

Effective on: 1/1/1901

Planned Development means a form of cluster development in which a mix of housing types is provided.

Effective on: 1/1/1901

Planning Department means the City of Valparaiso Department of City Planning. 

Effective on: 1/1/1901

Planning Director means the Director of the Planning Department.

Effective on: 1/1/1901

Plans, Construction means the architectural or engineering drawings showing the construction details and the types of material for the physical structures and facilities to be installed in conjunction with the development of the project.

Effective on: 1/1/1901

Plat means a document prepared by a registered land surveyor or engineer, which, at a minimum, delineates property lines and shows monuments and other landmarks for the purpose of identifying property by reference to the plat.

Effective on: 1/1/1901

Plat, Primary means a plan of a subdivision, including all required supplementary data, showing the proposed street and lot or site layout, or a plan of existing private streets to be dedicated to public use, used as a basis for consideration by the Planning Director, Plat Committee, or Planning Commission prior to the preparation of a Secondary Plat.

Effective on: 1/1/1901

Plat, Secondary. A plan of a subdivision that is prepared pursuant to the requirements of this UDO and in conformance to an approved primary plat, which is suitable for recording.

Effective on: 1/1/1901

Primary Access means the point at which a lot or parcel takes access to the public street system, ordinarily by a drive that connects to the street. Where there are several possible accesses, the one located or configured to have the most traffic is the primary access.

Effective on: 1/1/1901

Principal Building means the main building on a property in terms of size, area, and function.

Effective on: 1/1/1901

Principal Structure means a structure in which the principal use of the lot on which it is located is conducted.

Effective on: 1/1/1901

Principal Use means the main (predominant) use of a lot or parcel.

Effective on: 1/1/1901

Porch, Enclosed means a covered entrance to a building or structure which is enclosed by walls or windows. Porches generally project out from the main wall of the building, and may have a separate roof or a roof that is integrated with the building to which it is attached. This definition includes porches that are enclosed by solid walls that are at least 30 inches in height, used in conjunction with or instead of balustrades or railings. See Figure P-2, Enclosed Porch.

Figure P-2: Enclosed Porch

Effective on: 1/1/1901

Porch, Open means a covered entrance to a building or structure which is not enclosed by walls or windows, but may have columns that support the porch roof and railing. Porches generally project out from the main wall of the building, and may have a separate roof or a roof that is integrated with the building to which it is attached. See Figure P-3, Open Porch.

Figure P-3: Open Porch

Effective on: 1/1/1901

Post-Development.  The conditions that reasonably may be expected or anticipated to exist after completion of the land development activity on a specific site or tract of land. 

Effective on: 1/1/1901

Pre-Development.  The land condition that exists at the time that plans for the land development are submitted to the locality. Where phased development or plan approval occurs (preliminary grading, roads, and utilities, etc.), the existing land use at the time the first item is submitted shall establish predevelopment conditions.

Effective on: 1/1/1901

Private Restrictions means restrictive covenants, conditions, restrictions, servitudes, easements, and other like arrangements between property owners, whether recorded in the public records or not, to which the City is not a direct party or a third party with a right of enforcement.

Effective on: 1/1/1901

Private Subdivision means a subdivision that has restricted access to the general public, and where the internal streets, street lights, traffic control devices and sidewalks are not dedicated to the public, but are maintained by the lot owners through a homeowners' association or similar entity.

Effective on: 1/1/1901

Property Line means a boundary line of a parcel or lot.

Effective on: 1/1/1901

Property Owner means a person or persons having an ownership interest in real property located within the geographic boundaries of Valparaiso, Indiana.

Effective on: 1/1/1901

Public Improvement means any improvement, facility or service, together with customary improvements and appurtenances thereto, necessary to provide for public needs. The phrase includes streets, alleys, pedestrian ways or paths, storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, and public utility and energy services.

Effective on: 1/1/1901

Public Utilities means publicly-owned or investor-owned or regulated entities which provide services to the general public (e.g., water, sewer, telephone, solid waste, cable, gas, and electric).

Effective on: 1/1/1901

Rational Method. An engineering method of predicting peak runoff rates.

Effective on: 1/1/1901

Recreational Vehicle (See Division 18.400, Floodplain Management Definitions, "Recreational Vehicle.")

Effective on: 1/1/1901

Recreational Vehicle Park. A recreational vehicle park is a use wherein recreational vehicles are provided a parking space with water, sewer and electrical connections for transient use.

Effective on: 1/1/1901

Redevelopment. means any proposed expansion, addition, renovation, or major change to an existing building, structure, or aspect of development within areas containing existing structures surrounded by or in close proximity to areas that are substantially or fully developed. 

Effective on: 1/1/1901

Registered Family Home (RFH). A home that regularly provides care in the caretaker’s own residence for not more than 6 children under age 14 and that provides care after school hours for not more than 6 additional elementary school children, including the caretaker’s own, does not exceed 12 at any given time.

Effective on: 1/1/1901

Remedy a Violation.

1. To take action to correct a violation. This could entail stopping or discontinuing an illegal use, tearing down or altering a structure, or seeking a variation or other action to make the use legal.
2. To bring the violating structure or other development into compliance with state or local floodplain management regulations or move the use or demolish the structure.

Effective on: 1/1/1901

Required Street Yard. The street yard required by this Ordinance that lies between the street and the setback line from any street -- front, side, or rear.

Effective on: 1/1/1901

Reserve Strip. A parcel of ground in separate ownership separating a street from other adjacent properties or from another street.

Effective on: 1/1/1901

Resource means a natural area or physical feature that is protected.

Effective on: 1/1/1901

Responsible Official means a member of the City Staff who is ultimately responsible for processing an application to decision (in the case of administrative approvals) or recommendation to an approving body (in the case of discretionary approvals).

Effective on: 1/1/1901

Restoration. The reasonable rehabilitation of the affected land for useful purposes and the protection of the natural resources of the surrounding area, including surface water and groundwater.

Effective on: 1/1/1901

Reverse Frontage Lot. A lot extending between and having frontage on two generally parallel streets.

Effective on: 1/1/1901

Rezoning. An amendment to the Zoning Map.

Effective on: 1/1/1901

Right-of-Way. An area of land not on a lot that is dedicated for public or private use to accommodate a transportation system. In no case shall a right-of-way be construed to mean an easement.

Effective on: 1/1/1901

Riparian Buffer. An area on either side of a stream or around a body of water. The riparian buffer width is generally 50 feet.

Effective on: 1/1/1901

Roadway. The portion of a highway including the cartway and shoulders within a right-of-way.

Effective on: 1/1/1901

Roof, Butterfly means a roof that is composed of two shed roofs that slope inward toward the middle of the building. See Figure R-1, Butterfly Roof.

Figure R-1: Butterfly Roof

Effective on: 1/1/1901

Roof Deck Townhouse means a townhouse with a flat roof that is available to the resident as outdoor space.

Effective on: 1/1/1901

Roof, Double Shed means a roof that is similar to a gable roof, except that the roof planes do not meet at a ridge line. See Figure R-2, Double Shed Roof.

Figure R-2: Double Shed Roof

Effective on: 1/1/1901

Roof, Flat means a roof that has no pitch, or is inclined by no more than one-half inch per foot. See Figure R-3, Flat Roof.

Figure R-3: Flat Roof

Effective on: 1/1/1901

Roof, Gabled means a roof with planes that incline upward from two sides of the building. See Figure R-4, Gabled Roof.

Figure R-4: Gabled Roof

Effective on: 1/1/1901

Roof, Gambrel. means a roof that is a modification of the gable roof in that the planes of the roof are broken into sections. The upper sections slope gradually from the ridge, while the lower sections drop off sharply. See Figure R-5, Gambrel Roof.

Figure R-5: Gambrel Roof

Effective on: 1/1/1901

Roof, Hipped means a roof with pitched planes that rise from all sides of the building. See Figure R-6, Hipped Roof.

Figure R-6: Hipped Roof,

Effective on: 1/1/1901

Roof, Mansard. The mansard roof is a modification of the hipped roof. The slope of a mansard roof is broken into two sections. The upper sections are flat or gently sloped, while the lower sections drop off sharply. See Figure R-7, Mansard Roof.

Figure R-7: Mansard Roof

Effective on: 1/1/1901

Roof, Shed means a roof that is a simple pitched roof, having only one slope. See Figure R-8, Shed Roof.

Figure R-8: Shed Roof

Effective on: 1/1/1901

Roof, Western means a roof that is compound in style, characterized by a gable roof at the top, with shed roofs on either side. See Figure R-9, Western Roof.

Figure R-9: Western Roof

Effective on: 1/1/1901

Roofline means the top of a roof or building parapet, excluding any cupolas, pylons, chimneys, or other minor projections.

Effective on: 1/1/1901

Runoff means that portion of precipitation, snowmelt, or irrigation that has not evaporated or infiltrated into the soil, but instead flows on the land surface.

Effective on: 1/1/1901

Sanitary Setback Area means an area established around a production well to protect ground water from direct contamination, which applies to public water supplies that:

1. Serve t least 15 service connections used by year-round residents; or
2. Regularly services at least 25 year-round residents,.

Effective on: 1/1/1901

Sanitary Sewage means any liquid discharge from a structure or animal containment area, except roof drains.

Effective on: 1/1/1901

Sanitary Sewage Disposal, Public means a system in which sanitary sewage and wastewater is collected from multiple uses or dwelling units, by a system of pipes, and carried to a central disposal facility, generally serving a region.

Effective on: 1/1/1901

Sanitary Sewer Line means a sanitary sewer collection system in which sewage is carried from individual lots, by a system of pipes, to a central treatment and disposal plant, or to other pipes that run to a central treatment and disposal plant.

Effective on: 1/1/1901

Sanitary Sewer System means a central treatment and disposal plant and related systems and pipes including, but not limited to, sanitary sewer lines.

Effective on: 1/1/1901

Satellite Dish means a type of antenna for receiving communications via satellite relay.

Effective on: 1/1/1901

Scale means:

1. For uses, traffic volumes associated with the use, and for some uses, the distance people will travel to the use (e.g., a regional shopping center). 
2. In the context of design, scale refers to the size of the building in relation to nearby buildings, and the appearance of building mass from the street.

Effective on: 1/1/1901

Scrap Metal Processor means a private, commercial, or governmental enterprise having facilities for processing iron, steel, or nonferrous scrap and whose principal product is scrap iron, scrap steel, or nonferrous scrap for sale for remelting purposes. A scrap metal processor is not a disposal facility or a used parts dealer.

Effective on: 1/1/1901

Sediment means soils or other surface materials transported and/or deposited by the action of wind, water, ice, or gravity as a product of erosion.

Effective on: 1/1/1901

Septic Tank. A multiple compartment, watertight receptacle which receives sewage from a building and is designed and constructed so as to permit settling of solids from the sewage, digestion of the organic matter, and discharge of the liquid portion into a disposal area.

Effective on: 1/1/1901

Septic System, Individual means a system in which sanitary sewage and wastewater is collected from a single use or dwelling unit, by a system of pipes, and carried to a septic tank and tile disposal field located within the boundaries of an individual lot.

Effective on: 1/1/1901

Setback means a stated minimum distance from a lot line to a building, structure, or use.

Figure S-1: Setback

Effective on: 1/1/1901

Sexual Encounter Center means a commercial establishment that, as one of its principal business purposes, offers for any from of consideration:

1. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
2. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in the state of nudity.

Effective on: 1/1/1901

Sheltered Care. See Section 18.204, Institutional Uses.

Effective on: 1/1/1901

Shopping Center. See Section 18.205, Commercial Uses.

Effective on: 1/1/1901

Shrub means:

1. A woody plant of less size than a tree, and usually with several stems from the same root;
2. Perennial plants that reach at least three feet in height; and
3. Ornamental grasses that reach at least three feet in height.

Effective on: 1/1/1901

Sidewalk means a pedestrian way extending along, parallel to, and within an easement or the right-of-way of a public or private street.

Effective on: 1/1/1901

Sight Triangle. See Section 8.215 Sight Distance Requirements.

Effective on: 1/1/1901

Sign Definitions. The following sign-related definitions shall apply to all provisions of this Ordinance

Animated Sign. Any sign that includes action, motion, or color changes on all or any part of the sign facing, requiring electrical energy, or set in motion mechanically or by movement of the atmosphere. This definition includes signs commonly called bi-view, tri-view, or multi-view signs which alternate or otherwise change displays whether through mechanical or electrical means. An animated sign does not include a clock and/or thermometer display.

Area of Sign. The area or "surface area" of a sign is defined by the smallest perimeter fully enclosing the total surface devoted to the sign's message, together with any ornamentation, embellishment, cutouts, and associated background, excluding any necessary supports or uprights on which the message is placed and excluding any architectural ornamentation. As an aid to interpreting this formulation, the following is to be employed:

1. if the message is on a surface, structure or frame specifically employed for holding signage, the entire surface area within the frame's border is counted;
2. if the message is on a door, wall, or other structural part of a building, only that portion of the door, wall, or structure actually devoted to the message and associated symbols and background, if any, is counted.
3. If a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that if two faces are placed back-to-back and are at no point more than three feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or the area of the larger face if the two faces are of unequal area.

Artisan Sign. An non-illuminated sign not exceeding 8 square feet in area placed on a site during the period that the work is being engaged in, with the permission of the site's owner, displaying the name of the contractor or artisan improving the site or structure on the site.

Campaign Sign. Any sign, poster, billboard, or other outdoor advertisement advocating the election or defeat of a particular candidate for public office, or group of candidates, or political party.

Changeable Copy Sign. A sign wherein provision is made for letters or characters to be placed in or upon the surface area either manually or electronically to provide a message. Such message may not be changed more often than daily, except for time and/or temperature displays. A changeable copy sign does not include any sign that meets the definition of a flashing sign.

Chaser Sign. A sign that creates a running effect in a bank of lamps or tubes.

Construction Sign. An non-illuminated sign giving the name or names of principal contractors, architects, and lending institutions responsible for new construction or major renovation on the site where the sign is placed together with other information included thereon authorized by the Building Commissioner in connection with construction operating for a specific project not to exceed 36 square feet in area beginning with the commencement of construction and extending to a date 15 days after the completion of construction operations.

Financier’s Sign. An non-illuminated sign not exceeding 8 square feet in area placed on a site during the period of construction or renovation and for 7 days after the completion of the project, with the permission of the site's owner, displaying the name of the person, firm, or financial institution providing the financing for the project.

Flashing Sign. Any sign which contains a continually intermittent light or sequential flashing light source. This definition specifically includes signs that use intermittent lighting changes for the purpose of changing the graphics or copy within the copy area of a sign more often than daily as in an electronic reader board (as herein defined) or message center (as herein defined), except that such reader boards or message centers may display time and/or temperature readings which change more often than daily.

Message Center. A sign that contains a changing message within the copy area that remains on for a specified minimum period of time and blacks out for a specified minimum period of time between messages. Messages contained on the sign do not travel or appear to travel in any direction.

Electronic Reader Board. A sign which contains a traveling message or a message which appears to be traveling, and usually in a horizontal direction.

Ground Sign. Any sign supported by uprights or braces in or upon the ground and not attached to any building.

Home Occupation Sign. A sign directing attention to a business or professional activity conducted on the same zoning lot in a residential district, containing only the name and occupation of the resident, not to exceed 2 square feet in area, and only as approved by the Board of Zoning Appeals.

Illuminated Sign. A sign designed to give forth artificial light or reflect it from another source. A sign designed to give forth artificial light is an "internally illuminated sign."

Inflatable Display. Any three-dimensional, ambient air-filled object depicting a container, figure, product or product tradedress, whether or not such object contains a message.

Institution Sign. A sign containing information about an on-site institution, such as churches, schools, hospitals, rest homes, private clubs and similar institutions or organizations.

Integral Sign. Memorial signs or tablets, names of buildings, and date of erection when cut into any masonry surface on the wall of a building, or when constructed of bronze or other incombustible materials mounted on the wall of a building.

Off-Premise Sign. A sign attached to a building, the ground, or structure advertising a business, product, service or event conducted, sold, or offered elsewhere than upon the same zoning lot. This definition includes structures commonly called billboards, posterboards, or panels.

Message. A sign's message includes its text, drawings, figures, logo, and any associated background.

Permanent Sign. Any sign which is not a portable sign.

Portable Signs. Any sign not permanently affixed to a building, structure, or the ground such as a sign designed to be moved from place to place, or designed to be removed and re-erected from time to time, or attached directly or through a structure to a chassis equipped with wheel and axle or other means of mobility.

Projecting Sign. Any sign supported by a building or other structure which projects over any street, sidewalk, alley, public way, or public easement more than 12 inches from the face of the building or structure.

Real Estate Sign. A sign pertaining to the sale or lease of the lot or tract of land on which the sign is located or to the sale or lease of one or more structures or a portion thereof located on such lot or tract of land, during the pending of such sale or lease and for seven days after closing.

Roof Line. The upper edge of any building wall or parapet, exclusive of any tower, chimney, ventilation equipment or utility equipment.

Sign. A name, display, identification, device, notice, figure, painting, drawing, message, placard, poster, word, bulletin board, symbol, letter, numeral, emblem, trademark, flag, or banner, pennant, or other illustration which is affixed to or painted or represented directly or indirectly upon a building, or other outdoor surface, or parcel of land and which directs attention to an object, product, place, activity, person, institution, organization, or business, and is visible from any alley, street, highway, sidewalk, or other public way, whether such is placed out of doors or in windows. The term sign does not include any display of official notices of courts or other public offices, nor the flag, emblem or insignia of a nation, political unit, school, or religious group. The term "sign" shall not include the merchandise, which is for sale on the premises, the packaging or container for such merchandise, or any writings or other symbols on such merchandise, container, or packaging.

Snipe Sign. Any sign (whether attached in any way to a utility pole, tree, traffic control device, or any object, or the ground, or otherwise situated) on

1. Public property without the consent of the appropriate public body or
2. Private property without the consent of the owner or occupier thereof.

Wall Sign. A sign mounted on, attached to, or painted or applied on the exterior wall of a building or structure in a plane parallel to that of the supporting wall or structure.  Any sign meeting this definition is not a projecting sign.

Wind Sign. Any attention-arresting device, with or without message, or a series of devices such as streamers, and/or pennants, with or without message, designed and fastened in such a manner as to move upon being subjected to pressure by the atmosphere; except that such definition shall not include,

1. On each building, up to four banners, flags, or pennants, and
2. On each light standard, one banner, flag, or pennant.

Window Sign. A sign installed on the exterior or on or near the interior of a window for the purpose of viewing from outside the premises.

Effective on: 1/1/1901

Site Plan means a plan or drawing showing the location of buildings, parking, or other elements that is used for the issuing of approvals other than subdivision plans or land developments. The drawings show sufficient detail to enable the City to determine whether the applicable standards under review have been met.

Effective on: 1/1/1901

Slope means the change in the vertical measurement divided by the change in the horizontal measurement. The figure is written as a ratio or a percentage.

Figure S-3: Slope

Effective on: 1/1/1901

Solar Cell means an electrical device that converts sunlight, or other form of visible light, directly into electricity and is a building block of Solar Panels. 

Effective on: 1/1/1901

Solar Farm means a commercial facility constructed for which the principal purpose is to generate electricity to be sold on a wholesale basis. 

Effective on: 1/1/1901

Solar Panel means a bank of interconnected solar cells combined into the form of a panel normally contained by a metal or plastic perimeter frame. 

Effective on: 1/1/1901

Special Use means the same as the process defined as Special Exception in IC 36-7-4-918.2.

Effective on: 1/1/1901

Specified Anatomical Areas means

1. Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below the point immediately above the top of the areola, and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Effective on: 1/1/1901

Specified Sexual Activities means:

1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; or
   sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or
   Masturbation, actual or simulated; or
2. Excretory functions as part of or in connection with any of the adult use activities set forth in Section 18.206, Recreation and Amusement Uses.

Effective on: 1/1/1901

Stabilization means the prevention of soil erosion by surface runoff or wind through the establishment of vegetative or structural soil coverage measures. Examples include, but are not limited to, straw mulch with temporary or permanent vegetation, wood chips, and stone or gravel groundcover.

Effective on: 1/1/1901

Staff means the Planning Director and such other employees or consultants designated by the City Administrator.

Effective on: 1/1/1901

Standards Manual means the most current version of the technical standards promulgated by the City Engineer, however titled, for the development of infrastructure such as streets, pathways, sidewalks, potable water, sanitary sewer, and stormwater treatment facilities.

Effective on: 1/1/1901

Start of Construction. (See floodplain definitions, "Start of Construction.")

Effective on: 1/1/1901

State means the State of Indiana.

Effective on: 1/1/1901

Stealthed Facility means a facility which is either:

1. Virtually invisible to the casual observer, such as an antenna behind louvers on a building, or inside a steeple or similar structure, or
2. Camouflaged with stealth design so as to blend in with its surroundings to such an extent that it is indistinguishable by the casual observer from the structure on which it is placed or the surroundings in which it is located, such as a flagpole serving as an antenna or a light pole. Artificial trees are not stealthed facilities.

Effective on: 1/1/1901

Stopping Sight Distance means the distance a vehicle driver needs to be able to see in order to have room to stop before colliding with something in the roadway, such as a pedestrian in a crosswalk, a stopped vehicle, or road debris. 

Effective on: 1/1/1901

Stormwater Management means the mitigation of the hydrologic impacts of lost natural runoff storage by the use of constructed storage facilities.

1. For water quantity control, a system of vegetative, structural, and other measures that may control the volume and rate of stormwater runoff which may be caused by land disturbing activities or activities upon the land; and
2. For water quality control, a system of vegetative, structural, and other measures that control adverse effects on water quality that may be caused by land disturbing activities or activities upon the land.

Effective on: 1/1/1901

Story, First means the ground floor story of a building, provided its floor level is not more than four feet below the mean lot level adjacent to the foundation.

Effective on: 1/1/1901

Story, Half means a story under a sloping roof at the top of the building, the floor of which is not more than two feet below the wall plate.

Effective on: 1/1/1901

Street means a strip of land, comprising the entire area within the right-of-way, intended for use as a means of vehicular and pedestrian circulation to provide access to more than one lot. The term does not include the establishment of a common driveway for access purposes for no more than three separate parcels that are contiguous to one another.

Effective on: 1/1/1901

Street, Arterial means a street that serves, or is designed to serve, as a connection between uses which generate heavy traffic volumes or between other arterial streets.

Effective on: 1/1/1901

Street, Collector means a street that serves or is designed to serve as the connection from minor streets to the arterial street system, such as the main entrance street of a residential development, or as a secondary connection between arterial streets.

Effective on: 1/1/1901

Street, Cul-de-sac means a short, independent, minor street having only one point of ingress and egress, terminating in a circular turn-around or other approved termination.

Effective on: 1/1/1901

Street Frontage means the linear measurement of a parcel along a street line, private road, or right-of-way to which the parcel abuts.

Effective on: 1/1/1901

Street, Half (Partial) means a street, generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for improvement and use of the street.

Effective on: 1/1/1901

Street Line means a property line of a lot which coincides with a line indicating the limits of an existing or proposed right-of-way.

Effective on: 1/1/1901

Street, Local means a street which serves or is designed to serve primarily as access to abutting properties.

Effective on: 1/1/1901

Street, Marginal Access means a local street, parallel and adjacent to an arterial street, but separated from it by a long strip, which provides access to abutting properties and control of intersections with the arterial street.

Effective on: 1/1/1901

Street, Private means any street right-of-way that is not dedicated to public use.

Effective on: 1/1/1901

Street, Public means any street right-of-way dedicated to public use or maintained by a federal, state, or local unit of government.

Effective on: 1/1/1901

Street, Residential Collector means a street that is designed and intended to gather traffic from local streets and convey it to higher level streets. Residential collectors do not generally provide access to individual residential lots. These streets are located in residential areas or developments that generally include 240 or more dwelling units.

Effective on: 1/1/1901

Street Right-of-Way means the area of right-of-way that includes an existing or future public street, which may be represented on a plat, deed, or other conveyance, or acquired by prescription. The street right-of-way may also include areas for sidewalks, utilities, parkways, medians, and drainage.

Effective on: 1/1/1901

Structural Alterations. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders and floor joists, ceiling joists, roof rafters, or stairways.

Effective on: 1/1/1901

Structure. Any man-made object having an ascertainable stationary location on land or in water, whether or not affixed to the land. (For floodplain regulations applicability, see Division 18.400, Floodplain Management Definitions, "Structure.")

Effective on: 1/1/1901

Structure, Permanent. A structure placed on or in the ground or attached to another structure in a fixed position.

Effective on: 1/1/1901

Structure, Temporary. A structure that is designed to be repeatedly erected or inflated (tents and inflatable structures) or buildings that are picked up and moved.

Effective on: 1/1/1901

Subdivision means the division or redivision of a lot, tract, or parcel of land, by any means, including by means of a plan or a description by metes and bounds, into two or more lots, tracts, parcels, or other divisions of land, for the purpose, whether immediate or future, of lease, of the transfer of ownership, or of building development.

Effective on: 1/1/1901

Subdivision Regulations means the regulations that control the approval of subdivision plats, which include Article 6, Article 7, Article 8, Article 10, and Article 12 of this UDO.

Effective on: 1/1/1901

Substantial Damage. (See Division 18.400, Floodplain Management Definitions, "Substantial Damage.")

Effective on: 1/1/1901

Substantial Improvement. (See Division 18.400, Floodplain Management Definitions, "Substantial Improvement.")

Effective on: 1/1/1901

Superblock means an area bounded by arterial or collector streets or cut off by a body of water or permanent open space.

Figure S-4: Superblock

Effective on: 1/1/1901

Surety means a form of financial guarantee that public improvements will be made or landscaping will be maintained. The term includes bonds, cash, letters of credit, or other financial instruments approved by the City.

Effective on: 1/1/1901

Surface Water means natural or artificial bodies of water greater than one acre in extent at the normal annual water level, as depicted on USGS topographic quadrangles and/or as determined by on-site surveys by a surveyor, landscape architect, or professional engineer. The phrase does not include retention basins or other stormwater management facilities, farm ponds, or other facilities associated with agricultural operations, sewage lagoons, and other facilities for which normal maintenance and repair is necessary.

Effective on: 1/1/1901

Surveyor means a land surveyor registered by and licensed to practice in the State of Indiana.

Effective on: 1/1/1901

Swale means a linear depression in the land's surface in which sheet runoff would collect and form a temporary watercourse.

Figure S-5: Swale

Effective on: 1/1/1901

Swimming Pool means a basin that is capable of holding water to a depth or two feet or more, constructed for the purposes of swimming, bathing, or wading. Swimming pools include in-ground, above ground, inflatable, and temporary pools.

Effective on: 1/1/1901

Text Amendment means changes to the text of this UDO. The phrase includes changes that supplement, modify, or repeal any of its present or future provisions. The phrase does not include map amendments.

Effective on: 1/1/1901

Top of Bank means a point above the mean high water mark of a watercourse, which defines the maximum depth of channel flow in the watercourse. It is either determined visually or computed as an elevation using the peak rate of runoff from a two-year storm event.

Effective on: 1/1/1901

Topography means the characteristics of a parcel with respect to elevation.

Effective on: 1/1/1901

Townhouse means a single-family attached dwelling unit, with a single unit going from ground to roof and with individual outside access.

Effective on: 1/1/1901

Townhouse, Duplex means a townhouse that includes two dwelling units in an "over-under" format (each townhouse lot includes two units).

Effective on: 1/1/1901

Townhouse, Weak-Link means a single-family attached dwelling unit, with a single unit from ground to roof and with individual outside access. Each unit has a one-story and a two-story section.

Effective on: 1/1/1901

Traffic Impact Study means a study which assesses the adequacy of the existing or future transportation infrastructure to accommodate additional trips generated by a proposed development, redevelopment or land rezoning. The Traffic Impact Study estimates site-generated traffic and assesses its impact on the public street system and on the ultimate development, redevelopment or rezoning. The Traffic Impact Study identifies on-site and off-site improvements that may be needed as a result of development, redevelopment or land rezoning. 

Effective on: 1/1/1901

Travel Trailer means a vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, and of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle.

Effective on: 1/1/1901

Tree, Large means a tree whose leaves would occupy the upper level of a forest in a natural ecological situation. These trees are also called shade trees or canopy trees, and typically reach heights of 50 to 100 feet at maturity.

Effective on: 1/1/1901

Tree, Non-Exempt means a tree that is not on the exempt tree list.

Effective on: 1/1/1901

Tree, Small means a tree whose leaves would occupy the intermediate level of a forest in a natural ecological situation. These trees are also called understory or ornamental trees.

Effective on: 1/1/1901

Twin House means a single-family dwelling that is attached by one common wall to one other dwelling unit.

Effective on: 1/1/1901

Variance means relief from the standards of this UDO, granted by the Board of Zoning Appeals or the Hearing Officer. There are two types of variances:

1. Use variances, which allow uses that are otherwise not allowed in the zoning district; and
2. Development standards variances, which allow development that does not comply with the physical requirements of this UDO.

(For floodplain regulations applicability, see Division 18.400, Floodplain Management Definitions, "Variance.")

Effective on: 1/1/1901

Village House means a single-family detached dwelling unit with a small front yard and alley access for parking or a detached garage located behind the unit. Village houses commonly have a covered front porch that is slightly elevated from the sidewalk.

Effective on: 1/1/1901

Violation means an instance of noncompliance with this Code. The term does not include any type of lawful nonconforming situation. (For floodplain regulations applicability, see Division 18.400, Floodplain Management Definitions, "Violation.")

Effective on: 1/1/1901

Water Quality means those characteristics of stormwater runoff, usually from a land disturbing activity, that relate to the chemical, physical, biological, or radiological integrity of water.

Effective on: 1/1/1901

Water Body means any watercourse or lake defined by a bank or shore in which water can be found.

Effective on: 1/1/1901

Watercourse means a stream channel (perennial, intermittent, mapped, or unmapped) with banks and a bed within which concentrated water flows; or a storm sewer, culvert, ditch, swale, ravine, cunette, or other means (natural or person-made) which conveys water from one location to another. (For floodplain regulations applicability, see Division 18.400, Floodplain Management Definitions, "Watercourse.")

Effective on: 1/1/1901

Watershed means a land area, also known as a drainage area, which collects precipitation and contributes runoff to a receiving body of water or point along a watercourse.

Effective on: 1/1/1901

Water Table means the level below the surface at which the ground is saturated by water.

Effective on: 1/1/1901

Weeds means a plant growing in cultivated ground to the injury of the crop or desired vegetation, or to the disfigurement of the place; or an unsightly, useless, or injurious plant.

Effective on: 1/1/1901

Wellhead Protection Area means the surface and subsurface area, delineated by the City of Valparaiso City Utility Board (or a Community Public Water Supply System in Porter County) and approved by the Indiana Department of Environmental Management pursuant to IC 8-4.1-1, et seq., which contributes water to a Community Public Water Supply System production well or wellfield, and through which contaminants (if present) would be likely to infiltrate and reach the well within a specified period.

Effective on: 1/1/1901

Wetland means those areas inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support and that, under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions; or areas that are defined and delineated in accordance with the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands" dated January 10, 1989, as may be amended from time to time; or as further defined and delineated by the U.S. Army Corps of Engineers, the U.S. Environmental Protection Agency, or the Indiana Department of Natural Resources.

Effective on: 1/1/1901

Wetland Delineation and Report means an on-site method or process for identifying wetlands as described in the Corps of Engineers Wetland Delineation Manual, Technical Report: Y-87-1, from 1987, as may be amended from time to time. The report is prepared by a person with professional experience and knowledge in wetlands identification, and analyzes a site for the existence and extent of wetlands.

Effective on: 1/1/1901

Window means an opening in the wall or roof of a building that is fitted with glass or other transparent material in a frame to admit light or air and to allow people to see out. 

Effective on: 1/1/1901

Woodland means an area covered by a canopy of woody plants (trees). It may be a forest, woodlot, grove, or stand of trees.

Effective on: 1/1/1901

Yard means an unoccupied space open to the sky on the same lot with a building or structure. A required yard is the distance between the lot line and the setback that is required from that lot line.

Effective on: 1/1/1901

Yard, Front means a yard extending the full width of the lot between the street line and the parts of the principal building erected thereon, setting back from and nearest such street line.

Effective on: 1/1/1901

Yard, Street means a yard extending the full width of the lot between the street line and the parts of the principal building erected thereon, setting back from and nearest such street line.

Effective on: 1/1/1901

Yard, Rear means a yard extending the full width of the lot between the rear lot line and the parts of the principal building erected thereon. For a corner lot, the rear yard shall not extend beyond the building setback line on the side street.

Effective on: 1/1/1901

Yard, Side means a yard between the principal building and the side line of the lot, extending from the front yard to the rear yard.

Effective on: 1/1/1901

Zoning District means a designation shown on the Official Zoning Map as being in a district enumerated in Article 1, Jurisdiction and Zoning Districts, in which a specific set of zoning standards apply. The phrase may refer to the standards or an area so mapped. The phrase includes "zoning classification" or "zoning designation."

Effective on: 1/1/1901

A Zone. Portions of the SFHA in which the principal source of flooding is runoff from rainfall, snowmelt, or a combination of both. In A ZONES, floodwaters may move slowly or rapidly, but waves are usually not a significant threat to buildings. These areas are labeled as Zone A, Zone AE, Zones A1-A30, Zone AO, Zone AH, Zone AR and Zone A99 on a FIRM.

Zone A. Areas subject to inundation by the 1% annual chance flood event. Because detailed hydraulic analyses have not been performed, no base flood elevation or depths are shown. 

Zone AE and A1-A30. Areas subject to inundation by the 1% annual chance flood event determined by detailed methods. Base flood elevations are shown within these zones. (Zone AE is on new and revised maps in place of Zones A1-A30.)

Zone AO. Areas subject to inundation by 1% annual chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone. 

Zone AH. Areas subject to inundation by 1% annual chance shallow flooding (usually areas of ponding) where average depths are one to three feet. Average flood depths derived from detailed hydraulic analyses are shown within this zone. 

Zone AR. Areas that result from the decertification of a previously accredited flood protection system that is determined to be in the process of being restored to provide base flood protection.

Zone A99. Areas subject to inundation by the 1% annual chance flood event, but which will ultimately be protected upon completion of an under-construction Federal flood protection system. These are areas of special flood hazard where enough progress has been made on the construction of a protection system, such as dikes, dams, and levees, to consider it complete for insurance rating purposes. Zone A99 may only be used when the flood protection system has reached specified statutory progress toward completion. No base flood elevations or depths are shown. 

Effective on: 1/1/1901

Accessory Structure. (appurtenant structure). A structure with a floor area 400 square feet or less that is located on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures should constitute a minimal initial investment, may not be used for human habitation, and be designed to have minimal flood damage potential. Examples of accessory structures are detached garages, carports, storage sheds, pole barns, and hay sheds.

Effective on: 1/1/1901

Addition (to an existing structure). Any walled and roofed expansion to the perimeter of a structure in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by independent perimeter load-bearing walls, is new construction.

Effective on: 1/1/1901

Agricultural land disturbing activity. Tillage, planting, cultivation, or harvesting operations for the production of agricultural or nursery vegetative crops.  The term also includes pasture renovation and establishment, the construction of agricultural conservation practices, and the installation and maintenance of agricultural drainage tile. For purposes of this rule, the term does not include land disturbing activities for the construction of agricultural related facilities, such as barns, buildings to house livestock, roads associated with infrastructure, agricultural waste lagoons and facilities, lakes and ponds, wetlands; and other infrastructure.

Effective on: 6/22/2015

Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision of this section. 

Effective on: 1/1/1901

Area of Shallow Flooding. A designated AO or AH Zone on the community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Effective on: 1/1/1901

Base Flood. The flood having a 1% chance of being equaled or exceeded in any given year.

Effective on: 1/1/1901

Base Flood Elevation (BFE). The elevation of the 1% annual chance flood.

Effective on: 1/1/1901

Base Flow. Stream discharge derived from groundwater sources as differentiated from surface runoff. Sometimes considered to include flows from regulated lakes or reservoirs.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Basement. The portion of a structure having its floor sub-grade (below ground level) on all sides.

Effective on: 1/1/1901

Best Management Practices. Design, construction, and maintenance practices and criteria for stormwater facilities that minimize the impact of stormwater runoff rates and volumes, prevent erosion, and capture pollutants.

Effective on: 6/22/2015

Buffer Strip. An existing, variable width strip of vegetated land intended to protect water quality and habitat.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Building. See Structure.

Effective on: 1/1/1901

Capacity (of a Storm Drainage Facility). The maximum flow that can be conveyed or stored by a storm drainage facility without causing damage to public or private property.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Catch Basin. A chamber usually built at the curb line of a street for the admission of surface water to a storm drain or subdrain, having at its base a sediment sump designed to retain grit and detritus below the point of overflow.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Channel. A portion of a natural or artificial watercourse which periodically or continuously contains moving water, or which forms a connecting link between two bodies of water. It has a defined bed and banks which serve to confine the water.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Community. A political entity that has the authority to adopt and enforce floodplain provisions for the area under its jurisdiction.

Effective on: 1/1/1901

Community Rating System (CRS). A program developed by the Federal Insurance Administration to provide incentives for those communities in the Regular Program that have gone beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding.

Effective on: 1/1/1901

Compliance. The act of correcting a violation or violations within the time frame specified by this ordinance.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Comprehensive Stormwater Management. A comprehensive stormwater program for effective management of stormwater quantity and quality throughout the community.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Constructed Wetland. A manmade shallow pool that creates growing conditions suitable for wetland vegetation and is designed to maximize pollutant removal.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Construction Activity. Land disturbing activities, and land disturbing activities associated with the construction of infrastructure and structures. This term does not include routine ditch or road maintenance or minor landscaping projects.

Effective on: 6/22/2015

Construction Plan. A representation of a project site and all activities associated with the project. The plan includes the location of the project site, buildings and other infrastructure, grading activities, schedules for implementation and other pertinent information related to the project site. A stormwater pollution prevention plan is a part of the construction plan.

Effective on: 6/22/2015

Construction Site Access. A stabilized stone surface at all points of ingress or egress to a project site, for the purpose of capturing and detaining sediment carried by tires of vehicles or other equipment entering or exiting the project site.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Construction Support Activities. Include but are not limited to the following: concrete or asphalt batch plants, equipment staging yards, material storage areas, excavated material disposal areas, borrow areas. Such activities must not support multiple, unrelated projects, be a commercial/industrial operation, or continue to operate beyond the completion of the construction activity for the project it supports.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Contiguous. Adjoining or in actual contact with.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Contour. An imaginary line on the surface of the earth connecting points of the same elevation.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Contour Line. Line on a map which represents a contour or points of equal elevation.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Contractor or subcontractor. An individual or company hired by the project site or individual lot owner, their agent, or the individual lot operator to perform services on the project site.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Conveyance. Any structural method for transferring stormwater between at least two points. The term includes piping, ditches, swales, curbs, gutters, catch basins, channels, storm drains, and roadways.

Ord. # 18, 2024, 08/12/2024

Effective on: 8/12/2024

Critical Facility. A facility for which even a slight chance of flooding might be too great. Critical Facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire, emergency response installations, installations which produce, use or store hazardous materials or hazardous waste.

Effective on: 1/1/1901

Cross Section. A graph or plot of ground elevation across a stream valley or a portion of it, usually along a line perpendicular to the stream or direction of flow.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Culvert. A closed conduit used for the conveyance of surface drainage water under a roadway, railroad, canal or other impediment.

Effective on: 6/22/2015

D Zone. The unstudied areas where flood hazards are undetermined, but flooding is possible. Flood insurance is available in participating communities but is not required by regulation in this zone.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Dechlorinated swimming pool discharge. Chlorinated water that has either sat idle for seven (7) days following chlorination prior to discharge to the MS4 conveyance, or, by analysis, does not contain detectable concentrations (less than five-hundredths (0.05) milligram per liter) of chlorinated residual.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Depressional Storage Areas. Non-riverine depressions in the earth where stormwater collects.  The volumes are often referred to in units of acre-feet.

Effective on: 6/22/2015

Design Storm. A selected storm event, described in terms of the probability of occurring once within a given number of years, for which drainage of flood control improvements are designed and built.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Detention. Managing stormwater runoff by temporary holding and controlled release.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Detention Basin. A facility constructed or modified to restrict the flow of stormwater to a prescribed maximum rate, and to detain concurrently the excess waters that accumulate behind the outlet.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Detention Facility. A facility designed to detain a specified amount of stormwater runoff assuming a specified release rate.  The volumes are often referred to in units of acre-feet.

Effective on: 6/22/2015

Detention Storage. The temporary detaining of storage of stormwater in storage facilities, on rooftops, in streets, parking lots, school yards, parks, open spaces or other areas under predetermined and controlled conditions, with the rate of release regulated by appropriately installed devices.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Detention Time. The theoretical time required to displace the contents of a tank or unit at a given rate of discharge (volume divided by rate of discharge).

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Detritus. Dead or decaying organic matter; generally contributed to stormwater as fallen leaves and sticks or as dead aquatic organisms.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Developer. Any person financially responsible for construction activity, or an owner of property who sells or leases, or offers for sale or lease, any lots in a subdivision.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Development.

1. Any man-made change to improved or unimproved real estate including but not limited to:
   1. Construction, reconstruction, or placement of a structure or any addition to a structure;
   2. Installing a manufactured home on a site, preparing a site for a manufactured home or installing recreational vehicle on a site for more than 180 days;
   3. Installing utilities, erection of walls and fences, construction of roads, or similar projects;
   4. Construction of flood control structures such as levees, dikes, dams, channel improvements, etc.;
   5. Mining, dredging, filling, grading, excavation, or drilling operations;
   6. Construction and/or reconstruction of bridges or culverts;
   7. Storage of materials; or
   8. Any other activity that might change the direction, height, or velocity of flood or surface waters.
2. Development does not include activities such as the maintenance of existing structures and facilities such as painting, re-roofing, resurfacing roads, gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent structures.

Effective on: 1/1/1901

Discharge. In the context of water quantity provisions, usually the rate of water flow.  A volume of fluid passing a point per unit time commonly expressed as cubic feet per second, cubic meters per second, gallons per minute, or millions of gallons per day. In the context of water quality provisions, the discharge means any addition of liquids or solids to a water body or a flow conveyance facility.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Disposal. The discharge, deposit, injection, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that the solid waste or hazardous waste, or any constituent of the waste, may enter the environment, be emitted into the air, or be discharged into any waters, including ground waters.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Ditch. A man-made, open watercourse in or into which excess surface water or groundwater drained from land, stormwater runoff, or floodwaters flow either continuously or intermittently.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Drain. A buried slotted or perforated pipe or other conduit (subsurface drain) or a ditch (open drain) for carrying off surplus groundwater or surface water.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Drainage. The removal of excess surface water or groundwater from land by means of ditches or subsurface drains. Also see Natural drainage.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Drainage Area. The area draining into a stream at a given point.  It may be of different sizes for surface runoff, subsurface flow and base flow, but generally the surface runoff area is considered as the drainage area.

Effective on: 6/22/2015

Dry Well. A type of infiltration practice that allows stormwater runoff to flow directly into the ground via a bored or otherwise excavated opening in the ground surface.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Duration. The time period of a rainfall event.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Elevated Structure. A non-basement structure built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, filled stem wall foundations, pilings, or columns (posts and piers).

Effective on: 1/1/1901

Elevation Certificate. A certified statement that verifies a structure's elevation information.

Effective on: 1/1/1901

Emergency Program. The first phase under which a community participates in the NFIP. It is intended to provide a first layer amount of insurance at subsidized rates on all insurable structures in that community before the effective date of the initial FIRM.

Effective on: 1/1/1901

Encroachment. The advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

Effective on: 1/1/1901

Environment. The sum total of all the external conditions that may act upon a living organism or community to influence its development or existence.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Erodibility Index (EI). The soil erodibility index (EI) provides a numerical expression of the potential for a soil to erode considering the physical and chemical properties of the soil and the climatic conditions where it is located. The higher the index, the greater the investment needed to maintain the sustainability of the soil resource base if intensively cropped. It is defined to be the maximum of (RxKxLS)/T (from the universal Soil Loss Equation) and (Cxl)/T (from the Wind Erosion Equation), where R is a measure of rainfall and runoff, K is a factor of the susceptibility of the soil to water erosion, LS is a measure of the combined effects of slope length and steepness, C is a climatic characterization of windspeed and surface soil moisture and I is a measure of the susceptibility of the soil to wind erosion. Erodibility Index scores equal to or greater than 8 are considered highly erodible land.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Erosion. The wearing away of the land surface by water, wind, ice, gravity, or other geological agents. The following terms are used to describe different types of water erosion:

1. A.
   Accelerated Erosion. Erosion much more rapid than normal or geologic erosion, primarily as a result of the activities of man.
2. B.
   Channel Erosion. An erosion process whereby the volume and velocity of flow wears away the bed and/or banks of a well-defined channel.
3. C.
   Gully Erosion. An erosion process whereby runoff water accumulates in narrow channels and, over relatively short periods, removes the soil to considerable depths, ranging from 1-2 ft. to as much as 75-100 ft.
4. D.
   Rill Erosion. An erosion process in which numerous small channels only several inches deep are formed; occurs mainly on recently disturbed and exposed soils (see Rill).
5. E.
   Splash Erosion. The spattering of small soil particles caused by the impact of raindrops on wet soils; the loosened and spattered particles may or may not be subsequently removed by surface runoff.
6. F.
   Sheet Erosion. The gradual removal of a fairly uniform layer of soil from the land surface by runoff water.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Erosion and Sediment Control Measure. A practice, or a combination of practices, to minimize sedimentation by first reducing or eliminating erosion at the source and then as necessary, trapping sediment to prevent it from being discharged from or within a project site.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Erosion and Sediment Control System. The use of appropriate erosion and sediment control measures to minimize sedimentation by first reducing or eliminating erosion at the source and then as necessary, trapping sediment to prevent it from being discharged from or within a project site.

Effective on: 6/22/2015

Existing Construction. Any structure for which the start of construction commenced before the effective date of the community's first floodplain provision.

Effective on: 1/1/1901

Existing Manufactured Home Park or Subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the community's first floodplain provision.

Effective on: 1/1/1901

Expansion to an Existing Manufactured Home Park or Subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Effective on: 1/1/1901

FEMA. The Federal Emergency Management Agency.

Effective on: 1/1/1901

Filter Strip. A long, relatively narrow area (usually, 20-75 feet wide) of undisturbed or planted vegetation used near disturbed or impervious surfaces to filter stormwater pollutants for the protection of watercourses, reservoirs, or adjacent properties.

Effective on: 6/22/2015

Five-Hundred Year Flood (500-Year Flood). The flood that has a 0.2% chance of being equaled or exceeded in any year.

Effective on: 1/1/1901

Floatable. Any solid waste that will float on the surface of the water.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

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.

Effective on: 1/1/1901

Flood Boundary and Floodway Map (FBFM). An official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated the areas of flood hazards and regulatory floodway.

Effective on: 1/1/1901

Flood Insurance Rate Map (FIRM). An official map of a community, on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Effective on: 1/1/1901

Flood Insurance Study (FIS). The official hydraulic and hydrologic report provided by FEMA. The report contains flood profiles, as well as the FIRM, FBFM (where applicable), and the water surface elevation of the base flood.

Effective on: 1/1/1901

Flood Prone Area. Any land area acknowledged by a community as being susceptible to inundation by water from any source. (See "Flood")

Effective on: 1/1/1901

Flood Protection Grade (FPG). The elevation of the regulatory flood plus two feet at any given location in the SFHA (See "Freeboard")

Effective on: 1/1/1901

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.

Effective on: 1/1/1901

Floodplain Management. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

Effective on: 1/1/1901

Floodplain Management Regulations. This section and other provisions of this Unified Development Ordinance, building codes, health regulations, special purpose ordinances, and other applications of police power which control development in flood-prone areas. This term describes federal, state, or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage. Floodplain Management Regulations are also referred to as floodplain regulations, floodplain ordinance, flood damage prevention ordinance, and floodplain management requirements.

Effective on: 1/1/1901

Floodproofing (Dry Floodproofing). A method of protecting a structure that ensures that the structure, together with attendant utilities and sanitary facilities, is watertight to the floodproofed design elevation with walls that are substantially impermeable to the passage of water. All structural components of these walls are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy, and anticipated debris impact forces.

Effective on: 1/1/1901

Floodproofing Certificate. A form used to certify compliance for non-residential structures as an alternative to elevating structures to or above the FPG. This certification must be by a Registered Professional Engineer or Architect.

Effective on: 1/1/1901

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.

Effective on: 1/1/1901

Fluvial Erosion Hazard (FEH) Corridor. Fluvial Erosion Hazard corridors represent the areas along the streams (including the channel and immediate overbanks areas) that are believed to be subject to stream movement or streambank erosion. These corridors have been delineated for most actively migrating and relatively stationary streams in Indiana through an Indiana Silver Jackets initiative.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Footing Drain. A drainpipe installed around the exterior of a basement wall foundation to relieve water pressure caused by high groundwater elevation.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Freeboard. A factor of safety, usually expressed in feet above the BFE, which is applied for the purposes of floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights greater than those calculated for the base flood.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

Garbage. All putrescible animal solid, vegetable solid, and semisolid wastes resulting from the processing, handling, preparation, cooking, serving, or consumption of food or food materials.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Gasoline Outlet. An operating gasoline or diesel fueling facility whose primary function is the resale of fuels. The term applies to facilities that create five thousand (5,000) or more square feet of impervious surface, or generate an average daily traffic count of one hundred (100) vehicles per one thousand (1,000) square feet of land area.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Geographical Information System (GIS). A computer system capable of assembling, storing, manipulation, and displaying geographically referenced information. This technology can be used for resource management and development planning.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Grade. (1) The inclination or slope of a channel, canal, conduit, etc., or natural ground surface usually expressed in terms of the percentage the vertical rise (or fall) bears to the corresponding horizontal distance. (2) The finished surface of a canal bed, roadbed, top of embankment, or bottom of excavation; any surface prepared to a design elevation for the support of construction, such as paving or the laying of a conduit. (3) To finish the surface of a canal bed, roadbed, top of embankment, or bottom of excavation, or other land area to a smooth, even condition.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Grading. The cutting and filling of the land surface to a desired slope or elevation.

Effective on: 6/22/2015

Groundwater. Accumulation of underground water, natural or artificial. The term does not include manmade underground storage or conveyance structures.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Habitat. The environment in which the life needs of a plant or animal are supplied.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Hardship. (As related to variances of this chapter) The exceptional hardship that would result from a failure to grant the requested variance. The Common Council requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

Effective on: 1/1/1901

Highest Adjacent Grade. The highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a structure.

Effective on: 1/1/1901

Highly Erodible Land (HEL). Land that has an erodibility index of eight or more.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Historic Structure. Any structure individually listed on the National Register of Historic Places or the Indiana State Register of Historic Sites and Structures.

Effective on: 1/1/1901

Hot Spot Development. Projects involving land uses considered to be high pollutant producers such as vehicle service and maintenance facilities, vehicle salvage yards and recycling facilities, vehicle and equipment cleaning facilities, fleet storage areas for buses, trucks, etc., industrial/commercial or any hazardous wase storage areas or areas that generate such wasters, industrial sites, restaurants and convenience stores, any activity involving chemical missing or loading/unloading, outdoor liquid container storage, public works storage areas, commercial container nurseries, and some high traffic retail uses characterized by frequent vehicle turnover.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Hydrologic Unit Code. A numeric United States Geologic Survey code that corresponds to a watershed area. Each area also has a text description associated with the numeric code.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Hydrology. The science of the behavior of water in the atmosphere, on the surface of the earth, and underground. A typical hydrologic study is undertaken to compute flow rates associated with specified flood events.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Illicit Discharge. Any discharge to a conveyance that is not composed entirely of stormwater except naturally occurring floatables, such as leaves or tree limbs. Illicit discharges include polluted flows from direct and indirect connections to the MS4 conveyance, illegal dumping, and contaminated runoff.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Impaired Waters. Waters that do not or are no expected to meet applicable water quality standards, as included on IDEM’s CWA Section 303(d) List of Impaired Waters.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Impervious Surface. Surfaces, such as pavement and rooftops, which prevent the infiltration of stormwater into the soil.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Increased Cost of Compliance (ICC). The cost to repair a substantially damaged structure that exceeds the minimal repair cost and that is required to bring a substantially damaged structure into compliance with the local flood damage prevention ordinance. Acceptable mitigation measures are elevation, relocation, demolition, or any combination thereof. All renewal and new business flood insurance policies with effective dates on or after June 1, 1997, will include ICC coverage.

Effective on: 1/1/1901

Individual Building Lot. A single parcel of land within a multi-parcel development.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Individual Lot Operator. A contractor or subcontractor working on an individual lot.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Individual Lot Owner. A person who has financial control of construction activities for an individual lot.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Infiltration. Passage or movement of water into the soil. Infiltration practices include any structural BMP designed to facilitate the percolation of runoff through the soil to groundwater. Examples include infiltration basins or trenches, dry wells, and porous pavement.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Inlet. An opening into a storm drain system for the entrance of surface stormwater runoff, more completely described as a storm drain inlet.

Effective on: 6/22/2015

Land-Disturbing Activity. Any man-made change of the land surface, including removing vegetative cover that exposes the underlying soil, excavating, filling, transporting and grading.

Effective on: 6/22/2015

Land Surveyor. A person licensed under the laws of the State of Indiana to practice land surveying.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Larger common plan of development or sale. A plan, undertaken by a single project site owner or a group pf project site owners acting in concert, to offer lots for sale or lease; where such land is contiguous, or is known, designated, purchased or advertised as a common unit or by a common name, such land shall be presumed as being offered for sale or lease as part of a large common plan. The term also includes phased or other construction activity by a single entity for its own use.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Letter of Final Determination (LFD). A letter issued by FEMA during the mapping update process which establishes final elevations and provides the new flood map and flood study to the community. The LFD initiates the six-month adoption period. The community must adopt or amend its floodplain management regulations during this six-month period unless the community has previously incorporated an automatic adoption clause.

Effective on: 1/1/1901

Letter of Map Change (LOMC). A general term used to refer to the several types of revisions and amendments to FEMA maps that can be accomplished by letter. They include Letter of Map Amendment (LOMA), Letter of Map Revision (LOMR), and Letter of Map Revision based on Fill (LOMR-F).

Effective on: 1/1/1901

Letter of Map Amendment (LOMA). An amendment by letter to the currently effective FEMA map that establishes that a property is not located in a SFHA through the submittal of property specific elevation data. A LOMA is only issued by FEMA.

Effective on: 1/1/1901

Letter of Map Revision (LOMR). An official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations.

Effective on: 1/1/1901

Letter of Map Revision Based on Fill (LOMR-F). An official revision by letter to an effective NFIP map. A LOMR-F provides FEMA's determination concerning whether a structure or parcel has been elevated on fill above the BFE and excluded from the SFHA.

Effective on: 1/1/1901

Lowest Adjacent Grade. The lowest elevation, after completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure.

Effective on: 1/1/1901

Lowest Floor. The lowest elevation described among the following: 

1. The top of the lowest level of the structure;
2. The top of the basement floor;
3. The top of the garage floor, if the garage is the lowest level of the structure;
4. The top of the first floor of a structure elevated on pilings or pillars;
5. The top of the floor level of any enclosure, other than a basement, below an elevated structure where the walls of the enclosure provide any resistance to the flow of flood waters unless:
   1. The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of flood waters, by providing a minimum of two openings (in addition to doorways and windows) in a minimum of two exterior walls; if a structure has more than one enclosed area, each shall have openings on exterior walls.
   2. The total net area of all openings shall be at least one (1) square inch for every one square foot of enclosed area; the bottom of all such openings shall be no higher than one (1) foot above the exterior grade or the interior walls immediately beneach each opening, whichever is higher.
   3. Such enclosed space shall be usable solely for the parking of vehicles and building access.

Effective on: 1/1/1901

Manhole. Storm drain structure through which a person may enter to gain access to an underground storm drain or enclosed structure.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Manufactured Home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term Manufactured Home does not include a recreational vehicle.

Effective on: 1/1/1901

Manufactured Home Park or Subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Effective on: 1/1/1901

Market Value. The building value, excluding the land (as agreed to between a willing buyer and seller), as established by what the local real estate market will bear. Market value can be established by independent certified appraisal, replacement cost depreciated by age of building (actual cash value), or adjusted assessed values.

Effective on: 1/1/1901

Measurable Storm Event. A precipitation event that results in a total measured precipitation accumulation equal to, or greater than, one-half (0.5) inch of rainfall.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Mitigation. Sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects. The purpose of mitigation is two-fold: to protect people and structures, and to minimize the cost of disaster response and recovery.

Effective on: 1/1/1901

Municipal Separate Storm Sewer System (MS4). An MS4 is a conveyance or system of conveyance that is:

1. Owned by a state, city, town, village, or other public entity that discharges to waters of the U.S.;
2. Designed or used to collect or convey stormwater;
3. Not a combined sewer; and
4. Not part of a Publicly Owned Treatment Works (POTW).

Effective on: 6/22/2015

National Flood Insurance Program (NFIP). The federal program that makes flood insurance available to owners of property in participating communities nationwide through the cooperative efforts of the Federal Government and the private insurance industry.

Effective on: 1/1/1901

National Geodetic Vertical Datum of 1929 (NGVD). As corrected in 1929, is a vertical control used as a reference for establishing varying elevations within the floodplain.

Effective on: 1/1/1901

National Pollution Discharge Elimination System (NPDES). A permit developed by the U.S. EPA through the Clean Water Act.  NPDES permit program controls water pollution by regulating point sources that discharge pollutants into waters of the United States. In Indiana, the permitting process has been delegated to IDEM.

Effective on: 6/22/2015

Natural Drainage. The flow patterns of stormwater runoff over the land in its pre-development state.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

New Construction. Any structure for which the start of construction commenced after the effective date of the community's first floodplain provision.

Effective on: 1/1/1901

New Manufactured Home Park or Subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the community's first floodplain provision.

Effective on: 1/1/1901

North American Vertical Datum of 1988 (NAVD 88). As adopted in 1993, is a vertical control datum used as a reference for establishing varying elevations within the floodplain.

Effective on: 1/1/1901

Nutrient(s). (1) A substance necessary for the growth and reproduction of organisms. (2) In water, those substances (chiefly nitrates and phosphates) that promote growth of algae and bacteria.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Obstruction. Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, canalization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water; or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

Effective on: 1/1/1901

Offense. Both a violation and a failure of compliance on a particular project. If there are multiple violations or multiple failures of compliance on the same project, each shall be considered a separate offense.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

One-Hundred Year Flood (100-Year Flood). The flood that has a 1% chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter “A” is subject to the 1% annual chance flood. See Regulatory Flood. 

Effective on: 1/1/1901

One-Percent Annual Chance Flood. The flood that has a one percent chance of being equaled or exceeded in any given year. Any flood zone that begins with the letter “A” is subject to the 1% annual chance flood. See Regulatory Flood.

Effective on: 6/22/2015

Open Drain. A natural watercourse or constructed open channel that conveys drainage water.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Open Space. Any land area devoid of any disturbed or impervious surfaces created by industrial, commercial, residential, agricultural, or other manmade activities.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Outfall. The point, location, or structure where a pipe or open drain discharges to a receiving body of water.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Outlet. The point of water disposal from a stream, river, lake, tidewater, or artificial drain.

Effective on: 6/22/2015

Participating Community. Any community that voluntarily elects to participate in the NFIP by adopting and enforcing floodplain management regulations that are consistent with the standards of the NFIP.

Effective on: 1/1/1901

Peak Discharge (or Peak Flow). The maximum instantaneous flow from a given storm condition at a specific location.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Percolation. The movement of water through soil.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Permanent stabilization. The establishment, at a uniform density of seventy percent (70%) across the disturbed area, of vegetative cover or permanent non-erosive material that will ensure the resistance of the soil to erosion, sliding, or other movement.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Pervious. Allowing movement of water.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Physical Map Revision. (PMR). An official republication of a community's FEMA map to effect changes to base (one percent annual chance) flood elevations, floodplain boundary delineations, regulatory floodways, and planimetric features. These changes typically occur as a result of structural works or improvements, annexations resulting in additional flood hazard areas, or correction to base flood elevations or SFHAs.

Effective on: 1/1/1901

Point Source. Any discernible, confined, and discrete conveyance including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, or container from which pollutants are or maybe discharged.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Porous Pavement. A type of infiltration practice to improve the quality and reduce the quantity of stormwater runoff via the use of manmade, pervious pavement which allows runoff to percolate through the pavement and into underlying soils.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Professional Engineer. A person licensed under the laws of the State of Indiana to practice professional engineering.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Project Site. The entire area on which construction activity is to be performed.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Project Site Owner. The person required to submit a stormwater permit application and required to comply with the terms of this ordinance, including a developer or a person who has financial and operational control of construction activities, and project plans and specifications, including the ability to make modifications to those plans and specifications.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Public Safety and Nuisance. Anything which is injurious to the safety or health of an entire community, neighborhood or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

Effective on: 1/1/1901

Rain Garden. A vegetative practice used to alter impervious surfaces, such as roofs, into pervious surfaces for absorption and treatment of rainfall.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Receiving Stream, Receiving Channel, or Receiving Water. The body of water into which runoff or effluent is discharged. The term does not include private drains, unnamed conveyances, retention and detention basins, or constructed wetlands used as treatment.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Recharge. Replenishment of groundwater reservoirs by infiltration and transmission from the outcrop of an aquifer or from permeable soils.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Recreational Vehicle. A vehicle that is the following:

1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal projections;
3. Designed to be self-propelled or permanently towable by a light duty truck; and
4. Designed primarily not for use as a permanent dwelling, but as quarters for recreational camping, travel, or seasonal use.

Effective on: 1/1/1901

Redevelopment. Development occurring on a previously developed site. The term does not include such activities as exterior remodeling.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Refueling area. An operating gasoline or diesel fueling area whose primary function is to provide fuel to equipment of vehicles.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Regional Pond. A detention/retention basin sized to detain/retain the runoff from the entire watershed, on-site and off-site, tributary to the pond’s outlet.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Regular Program. The phase of the community's participation in the NFIP where more comprehensive floodplain management requirements are imposed and higher amounts of insurance are available based upon risk zones and elevations determined in a FIS.

Effective on: 1/1/1901

Regulated Drain. A drain subject to the provisions of the Indiana Drainage Code, I.C.-36-9-27.

Effective on: 6/22/2015

Regulatory Flood. The flood having a 1% chance of being equaled or exceeded in any given year, as calculated by a method and procedure that is acceptable to and approved by the Indiana Department of Natural Resources and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in Sec. 4.502, General Provisions. The Regulatory Flood is also known by the terms: Base Flood, One-Percent Annual Chance Flood and 100-Year Flood.

Effective on: 1/1/1901

Release Rate. The amount of stormwater release from a stormwater control facility per unit of time.

Effective on: 6/22/2015

Repetitive Loss. Flood-related damages sustained by a structure on two separate occasions during a 10 year period for which the cost of repairs at the time of each such flood event, on the average, equaled or exceeded 25% of the market value of the structure before the damage occurred.

Effective on: 1/1/1901

Reservoir. A natural or artificially created pond, lake or other space used for storage, regulation or control of water. May be either permanent or temporary. The term is also used in the hydrologic modeling of storage facilities.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Retention. The storage of stormwater to prevent it from leaving the development site. May be temporary or permanent.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Retention Basin. A type of storage practice, that has no positive outlet, used to retain stormwater runoff for an indefinite amount of time. Runoff from this type of basin is removed only by infiltration through a porous bottom or by evaporation.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Retention Facility. A facility designed to completely retain a specified amount of  stormwater runoff without release except by means of evaporation, infiltration or pumping.  The volumes are often referred to in units of acre-feet.

Effective on: 6/22/2015

Return Period. The average interval of time within which a given rainfall event will be equaled or exceeded once. A flood having a return period of 100 years has a one percent probability of being equaled or exceeded in any one year.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Riparian Zone. Of, on, or pertaining to the banks of a stream, river, or pond.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Riparian Habitat. A land area adjacent to a waterbody that supports animal and plant life associated with that waterbody.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Runoff. The portion of precipitation that flows from a drainage area on the land surface, in open channels, or in stormwater conveyance systems.

Effective on: 6/22/2015

Runoff Coefficient. A decimal fraction relating the amount of rain which appears as runoff and reaches the storm drain system to the total amount of rain falling. A coefficient of 0.5 implies that 50 percent of the rain falling on a given surface appears as stormwater runoff.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Section 1316. The section of the National Flood Insurance Act of 1968, as amended, which states that no new flood insurance coverage shall be provided for any property that the Administrator finds has been declared by a duly constituted state or local zoning authority or other authorized public body to be in violation of state or local laws, regulations, or ordinances that intended to discourage or otherwise restrict land development or occupancy in flood-prone areas.

Effective on: 1/1/1901

Sediment. Solid material (both mineral and organic) that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice and has come to rest on the earth’s surface.

Effective on: 6/22/2015

Sedimentation. The process that deposits soils, debris and other unconsolidated materials either on the ground surfaces or in bodies of water or watercourses.

Effective on: 6/22/2015

Sensitive Water. A waterbody is in need of priority protection or remediation based on its:

1. A.
   Providing habitat for threatened or endangered species,
2. B.
   Usage as a public water supply intake,
3. C.
   Relevant community value,
4. D.
   Usage for full body contact recreation, 
5. E.
   exceptional use classification as found in 327 IAC 2-1-11(b),
6. F.
   Outstanding state resource water classification as found in 327 IAC 2-1-2(3) and 327 IAC 2-1.5-19(b).

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Silvicultural. The practice of controlling the establishment, growth, composition, health, and quality of forests to meet diverse needs and values.

1. A.
   Nonpoint activities include source silvicultural activities such as nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance from which there is natural runoff. Some of these activities (such as stream crossing for roads) may involve the placement of dredged or fill material which may require a CWA section 404 permit and a 401 Water Quality Certification.
2. B.
   Point source activities include any discernible, confined and discrete conveyance related to rock crushing, gravel washing, log sorting, or log storage facilities which hare operated in connection with silvicultural activities and from which pollutants are discharged into water of the United States or the State.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Site. The entire area included in the legal description of the land on which land disturbing activity is to be performed.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Solid Waste. Any garbage, refuse, debris, or other discarded material.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Special Flood Hazard Area (SFHA). The lands within the jurisdiction of the City of Valparaiso subject to inundation by the regulatory flood. The SFHAs of the City of Valparaiso are generally identified as such on the Porter County, Indiana and Incorporated Areas Flood Insurance Rate Map dated September 30, 2015 as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date. (These areas are shown on a FIRM as Zone A, AE, A1- A30, AH, AR, A99, or AO).

Effective on: 1/1/1901

Spill. The unexpected, unintended, abnormal, or unapproved dumping, leakage, drainage, seepage, discharge, or other loss of petroleum, hazardous substances, extremely hazardous substances, or objectional substances.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Storm Event. An estimate of the expected amount of precipitation within a given period of time. For example, a 10-year frequency, 24-hour duration storm event is a storm that has a 10 percent probability of occurring in any one year.

Effective on: 6/22/2015

Stormwater. Water resulting from rain, melting or melted snow, hail, or sleet.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Stormwater Drainage System. All means, natural or man-made, used for conducting stormwater to, through or from a drainage area to any of the following:  conduits and appurtenant features, canals, channels, ditches, storage facilities, swales, streams, culverts, streets and pumping stations.

Effective on: 6/22/2015

Stormwater Facility. All ditches, channels, conduits, levees, ponds, natural and manmade impoundments, wetlands, tiles, swales, sewers and other natural or artificial means of draining surface and subsurface water from land.

Effective on: 6/22/2015

Stormwater Management Facility. A device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release, or the velocity of flow. 

Effective on: 6/22/2015

Stormwater Management System. A collection of structural and non-structural practices and infrastructure designed to manage stormwater on a site. This system may include but is not limited to erosion control measures, stormwater drainage infrastructure, detention/retention facilities, and stormwater quality BMPs.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Stormwater Pollution Prevention Plan. A plan developed to minimize the impact of stormwater pollutants resulting from construction activities.

Effective on: 6/22/2015

Stormwater Quality Management Plan. A comprehensive written document that addresses stormwater runoff quality.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Stormwater Quality Measure. A practice, or a combination of practices, to control or minimize pollutants associated with stormwater runoff.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Stormwater Runoff. The water derived from rain falling within a tributary basin, flowing over the surface of the ground or collected in channels or conduits.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Strip Development. A multi-lot project where building lots front on an existing road.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Structure. A structure that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, or a prefabricated building. The term also includes recreational vehicles to be installed on a site for more than 180 days.

Effective on: 1/1/1901

Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

Effective on: 1/1/1901

Substantial Improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred repetitive loss or substantial damage regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements or any alteration of a historic structure, provided that the alteration will not preclude the structures continued designation as a historic structure.

Effective on: 1/1/1901

Subsurface Drain. A pervious backfield trench, usually containing stone and perforated pipe, for intercepting groundwater or seepage.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Surface Runoff. Precipitation that flows onto the surfaces of roofs, streets, the ground, etc., and is not absorbed or retained by that surface but collects and runs off.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Suspension. The removal of a participating community from the NFIP because the community has not enacted and/or enforced the proper floodplain management regulations required for participation in the NFIP.

Effective on: 1/1/1901

Swale. An elongated depression in the land surface that is at least seasonally wet, is usually heavily vegetated, and is normally without flowing water.  Swales conduct stormwater into primary drainage channels and may provide some groundwater recharge.

Effective on: 6/22/2015

Temporary Stabilization. The covering of soil to ensure its resistance to erosion, sliding, or other movement. The term includes vegetative cover, anchored mulch, or other non-erosive material applied at a uniform density of seventy percent (70%) across the disturbed area.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Tile Drain. Pipe made of perforated plastic, burned clay, concrete, or similar material, laid to a designed grade and depth, to collect and carry excess water from the soil.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Topographic Map. Graphical portrayal of topographic features of a land area, showing both the horizontal distances between the features and their elevations above a given datum.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Topography. The representation of a portion of the earth’s surface showing natural and man-made features of a give locality such as rivers, streams, ditches, lakes, roads, buildings and most importantly, variations in ground elevations for the terrain of the area.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Trained individual. An individual who is trained and experienced in the principles of stormwater quality, including erosion and sediment control as may be demonstrated by state registration, professional certification (such as CESSWI and/or CPESC certification), or other documented and applicable experience or coursework as deemed sufficient by the City of Valparaiso that enable the individual to make judgments regarding stormwater control or treatment and monitoring.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Tributary. Based on the size of the contributing drainage area, a smaller watercourse which flows into a larger watercourse.

Effective on: 6/22/2015

Urban Drain. A drain defined as “Urban Drain” in Indiana Drainage Code.

Effective on: 6/22/2015

Urbanization. The development, change or improvement of any parcel of land consisting of one or more lots for residential, commercial, industrial, institutional, recreational or public utility purposes.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Variance. A grant of relief from the floodplain management provisions of this Unified Development Ordinance, which permits construction in a manner otherwise prohibited where specific enforcement would result in unnecessary hardship.

Effective on: 1/1/1901

Vegetated Swale. A type of vegetative practice used to filter stormwater runoff via a vegetated, shallow-channel conveyance.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Violation. Any action or inaction which violates the provisions of this Ordinance or the Technical Standards, the requirements of an approved stormwater management design plan or permit, and/or the requirements of a recorded stormwater maintenance agreement may be subject to the enforcement actions outlined in this Ordinance. Any such action or inaction is deemed to be a public nuisance and may be abated by injunctive or other equitable relief in addition to, and separate from, the imposition of any of the enforcement actions described in this Ordinance.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Water Quality. A term used to describe the chemical, physical, and biological characteristics of water, usually in respect to its suitability for a particular purpose.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Water Resources. The supply of groundwater and surface water in a given area.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Water Surface Elevation. The height, in relation to the North American Vertical Datum of 1988 (NAVD 88), or National Geodetic Vertical Datum of 1929 (NGVD) (other datum where specified) of floods of various magnitudes and frequencies in the floodplains of riverine areas.

Effective on: 1/1/1901

Waterbody. Any accumulation of water, surface, or underground, natural or artificial, excluding water features designed and designated as water pollution control facilities.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

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

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Watershed. The region drained by or contributing water to a specific point that could be along a stream, lake or other stormwater facility. Watersheds are often broken down into subareas for the purpose of hydrologic modeling.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Watershed Area. All land and water within the confines of a drainage divide. See also Watershed.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Wetlands. Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

(Ord. # 18, 2024, 08/12/2024)

Effective on: 8/12/2024

Weir. A channel-spanning structure for measuring or regulating the flow of water.

Effective on: 6/22/2015

X Zone. The area where the flood hazard is less than that in the SFHA. Shaded X zones shown on recent FIRMs (B zones on older FIRMs) designate areas subject to inundation by the flood with a 0.2% chance of being equaled or exceeded (the 500-year flood). Unshaded X zones (C zones on older FIRMs) designate areas where the annual probability of flooding is less than 0.2%.

Effective on: 1/1/1901

Zone. A geographical area shown on a  FIRM that reflects the severity or type of flooding in the area.

Effective on: 1/1/1901

Zone A. See definition for A ZONE.

Effective on: 1/1/1901

Zone B, C, AND X. Areas identified in the community as areas of moderate or minimal hazard from the principal source of flood in the area. However, buildings in these zones could be flooded by severe, concentrated rainfall coupled with inadequate local drainage systems. Flood insurance is available in participating communities but is not required by regulation in these zones. (Zone X is used on new and revised maps in place of Zones B and C.)

Effective on: 1/1/1901