Valparaiso City Zoning Code

ARTICLE 18

Definitions

DIVISION 18.300 FLOODPLAIN AND STORMWATER MANAGEMENT DEFINITIONS

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)

DIVISION 18.400 GENERAL DEFINITIONS

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.

Sec. 18.101 Word Usage

Generally. This rules of this Division shall be observed and applied when interpreting this UDO, except when the context clearly requires otherwise.

Word Usage. Words shall be interpreted as follows:

Words used or defined in one tense or form shall include other tenses or forms.
Words in the singular number shall include the plural number. Words in the plural number shall include the singular number.
The masculine gender shall include the feminine. The feminine gender shall include the masculine.
The words "shall" and "will" are mandatory.
The words "may" and "should" are permissive.
The word "person" includes individuals, partnerships, firms, corporations, associations, trusts, and any other similar entities or combination of individuals.

Effective on: 1/1/1901

Sec. 18.102 Abbreviations and Acronyms

Abbreviations. The following abbreviations are used in this UDO:

ac.: acre
DBH: diameter at breast height
du or du's: dwelling unit(s)
FAR: floor area ratio
ft.: feet
LSR: landscape surface ratio
max.: maximum
min.: minimum
na.: not applicable
OSR: open space ratio
sf.: square feet

Acronyms. The following acronyms are used in this UDO:

FEMA: Federal Emergency Management Agency
FIRM: Flood Insurance Rate Map
LOMA: Letter of Map Amendment

Effective on: 1/1/1901

Sec. 18.201 Agricultural Uses

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.

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.

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.

Intensive Agriculture means:

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
Any other agricultural use that is required to obtain a discharge permit because of animal or poultry wastes.

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.

Kennel means the boarding, breeding, training, or selling of domestic dogs or cats. The term also includes:

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
Enclosed outdoor areas that are intended for the exercising and/or containment of dogs ("outdoor dog runs").

Effective on: 1/1/1901

Sec. 18.202 Residential Uses

Dormitory, Fraternity, or Sorority means sleeping accommodations and common kitchen facilities are provided for individuals while they are enrolled at an educational institution.

Single-Family Detached (also called "Single-Family") means dwelling units that are:

1.
Constructed on individual lots;
2.
Separated from each other by outside walls; and
3.
Intended for the use of a single housekeeping unit.

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.

Single-Family Attached means all attached dwelling units except multiplex and multifamily. The phrase includes twin homes, duplexes, and all types of townhomes.

Planned Development means a residential development that consists of a variety of lot sizes and more than one housing type.

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.

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.

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.

Group Home

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.
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.

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.

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

Sec. 18.203 Home Uses

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:

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).
Activities that require commercial deliveries from trucks (as opposed to parcel services).
Businesses that employ anyone other than residents of the dwelling unit.
On-site parking of commercial vehicles, or on-street parking of commercial vehicles next to the dwelling unit.

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:

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

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

Employment of up to four unrelated people who do not live in the dwelling unit;
Commercial deliveries from trucks;
Light manufacturing; or
On-site parking of commercial vehicles.

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

Sec. 18.204 Institutional Uses

Places of Public Assembly means a place where the people assemble for civic, educational, social, or day care purposes. This use includes the following:

Places of worship; theaters; conference centers;
Cultural or arts centers; museums; and aquariums;
Libraries;
Elementary and middle schools;
High schools;
Adult day care; and
Child care centers.

College means:

Colleges or universities; and
Professional trade, language, or business schools, and comparable advanced or continuing education facilities.

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:

Monasteries and covenants;
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.
Assisted care living facilities and congregate care facilities; and
Nursing homes

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:

Jails or prisons;
Work release;
Psychiatric hospitals; and
Comparable facilities.

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.

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.

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.

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

Sec. 18.205 Commercial Uses

Agricultural Support and Other Rural Services means uses that support agricultural uses, including:

Farm supply services;
Farm equipment dealers;
Grain storage; and
Large animal or livestock veterinarians.

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:

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;
A retail permittee that complies with Rule 29, Selling of Package Alcoholic Beverages by Retail Permittee, of Title 905 IAC, Alcohol and Tobacco Commission;
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;
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;
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;
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;
The sale of alcoholic beverages by a hotel pursuant to a State of Indiana Type 110, 114, 215, or 308 Permit;
The sale of alcoholic beverages by a civic center pursuant to a State of Indiana Type 219, 219-1, or 219-2 Permit; and
The temporary sale of alcoholic beverages pursuant to a State of Indiana Type 118 Temporary Beer / Wine Permit.

Bed and Breakfast means a place of lodging that:

Provides five or fewer rooms for short-term rental;
Is the owner's personal residence; and
Is occupied by the owner at the time of room rental.

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.

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:

Furniture and home furnishings stores (NAICS Code 442);
Electronics and appliance stores (NAICS Code 443);
Paint and wallpaper stores (NAICS Code 44412);
Hardware stores (NAICS Code 44413);
Food and beverage stores (NAICS Code 445, except 4453);
Health and personal care stores (NAICS Code 446);
Clothing and clothing accessory stores (NAICS Code 448);
Sporting goods, hobby, book, and music stores (NAICS Code 451);
General merchandise stores (NAICS Code 452, except 45291); and
Miscellaneous store retailers (NAICS Code 453).

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:

Permanent retail operations that are located outside of enclosed buildings, except nurseries;
Home centers (NAICS Code 44411);
Lumber and other building materials (NAICS Code 44419);
Lawn, garden equipment, supplies stores (NAICS Code 44421);
Warehouse clubs and super stores (NAICS Code 45291);
Mini warehouses, except those with outside storage; and
Recreational equipment rental where the equipment is stored outside.

Light Automobile Service means:

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.
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.
Auto malls with a number of the uses, as listed in G.1., where all activities are contained in a single building.

Drive-in Facility means a facility used by an approved commercial retail or service use to provide service to customers in vehicles who either:

Drive up to a window or station; or
Drive through the building for purchases.

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.

Office means uses in which professional, outpatient medical, or financial services are provided. The term includes:

Accounting, auditing and bookkeeping;
Advertising and graphic design;
Architectural, engineering, and surveying services;
Attorneys and court reporters;
Banks, mortgage companies; and financial services;
Call centers;
Computer programming;
Corporate headquarters;
Counseling services;
Data processing and word processing services;
Detective agencies;
Government offices;
Insurance;
Interior design;
Medical, dental, and chiropractic offices;
Real estate sales;
Research and development that does not include on-site manufacturing;
Retail catalog, internet, and telephone order processing, but not warehousing; and
Virtual office services.

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.

Restaurant means an establishment that serves prepared meals to customers for consumption on-site or off-site, and includes:

Full-service restaurants (NAICS Code 7221);
Limited-service eating facilities (NAICS Code 7222); and
Special foodservices (NAICS Code 7223).

Services means commercial and personal services, such as:

Copy centers;
Social assistance;
Repair services and shops, except automobile, truck, and heavy equipment repair;
Health, exercise, martial arts, yoga, dance, or art studios;
Parcel service drop-off locations and mailbox services;
Nail salons, beauty and barber shops, skin care, and day spas;
Funeral homes;
Laundry and dry-cleaning services;

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.

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.

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.

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.

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

Sec. 18.206 Recreation and Amusement Uses

Adult Use means:

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.
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;
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.”

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."

Commercial Amusement, Indoor means uses that provide commercial amusement indoors (except adult uses), including but not limited to:

Bowling alleys and pool rooms;
Indoor sports arenas;
Movie theaters and live theaters;
Indoor skating rinks (ice or roller);
Video arcades; and
Shooting arcades.

Commercial Amusement, Outdoor means uses that provide commercial amusement outdoors (except adult uses), including but not limited to:

Outdoor arenas or stadiums (including but not limited to amphitheaters, sports stadiums, concert facilities, rodeos, and racing facilities);
Amusement parks or theme parks;
Fairgrounds;
Miniature golf establishments;
Golf driving ranges;
Water slides;
Batting cages; and
Shooting ranges.

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:

Community recreation centers;
Gymnasiums;
Indoor swimming pools; or
Tennis, racquetball, or handball courts.

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:

Jogging, cycling, tot-lots, playing fields, playgrounds, outdoor swimming pools, and tennis courts;
Golf courses (regardless of ownership or membership);
Arboretums, wildlife sanctuaries, forests, and other natural areas which may be used for walking or hiking; or
Other passive recreation-oriented parks, including picnic areas, garden plots, and beaches.

Effective on: 1/1/1901

Sec. 18.207 Industrial Uses

Light Industry means:

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
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
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
Mini-warehouses with outside storage; and
Regional utility substations or distribution stations that are located on sites that are at least two acres in area.

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:

Uses listed in subsection A.1.b. that do not meet the criteria set out in subsection A.1.a., above;
Alcoholic beverages manufacturing;
Automotive salvage rebuilder;
Bulk fuel dealers;
Heavy construction contractors;
Industrial equipment leasing;
Meat products manufacturing;
Seafood product reparation and packaging;
Stone, clay, and glass products;
Transportation equipment manufacturing;
Regional utilities, but not including administrative offices, substations, or transmission and distribution lines (this includes all utilities not included as Community Utilities); and
Welding, sheet metal cutting and assembly, and blacksmith.

Warehousing and Transportation means warehousing and logistics facilities, except:

Mini- or self-storage warehouses;
Warehousing that is accessory to a manufacturing facility, occupying less than 25 percent of the total floor area of the facility; and
Parcel service drop-off locations that are not accessory to a parcel service processing facility.

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.

Extraction means uses that involve extraction of materials from the ground, including surface and subsurface mining and quarrying.

Waste Facilities means facilities where wastes are handled for transshipment to a disposal facility. It includes trash compaction and transfer stations.

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:

Salvaging, recycling, scrap metal processing, automotive disposal facility, and junkyards;
Storing of waste paper, rags, scrap metal, polystyrene foam, porcelain, batteries, electronic components, and other discarded materials for recycling;
Collection, dismantlement, storage, and salvage of inoperable vehicles, boats, trucks, farm vehicles or equipment, or other types of heavy machinery.

Disposal means facilities for the disposal of waste or the composting of organic wastes. The term includes:

Landfill; and
Composting facility.

Wind Farm means one or more wind-driven turbines that produce more than 100 kW per turbine.

Effective on: 1/1/1901

Sec. 18.208 Other Uses

Airport means aircraft take-off and landing fields and flight training schools. The term airport does not include:

Airstrips for personal aircraft for the private use of an individual; and
Heliports that are accessory to another use, such as a hospital.

Cemetery means an outdoor area designated for the burial of human remains. The term cemetery does not include:

Private memorial gardens that are accessory to places of worship, university campuses, or farmsteads; or
Columbaria that are accessory to places of worship, or university campuses.

Parking and Transit Facilities means:

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.
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.

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

Sec. 18.209 Temporary Uses

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.

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.

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.

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.

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.

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.

Sales Office means:

A dwelling unit within a subdivision that is used as a sales office;
A dwelling unit within a condominium that is used as a sales office; or
A modular unit used as a sales office for a subdivision or condominium.

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:

A public sidewalk;
A private sidewalk; or
Pedestrian areas adjacent to a sidewalk.

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.

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.

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

Sec. 18.301 Abbreviations

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

Sec. 18.302 Definitions

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

Abandoned Vehicle

Abandoned Vehicle means the following:

A vehicle located on public property illegally.
A vehicle left on public property without being moved for three (3) days.
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.
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.
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.
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.
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

Abandonment means:

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.
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

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

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

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

Is subordinate to and serves a principal building or structure;
Contributes to the comfort, convenience or necessity of occupants of the principal building or structure;
Is obviously subordinate in area, extent or purpose to the principal building or structure; and
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

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

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

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

Adequate Public Infrastructure means:

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
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

Effective on: 1/1/1901

Adult Novelty Business

Adult Novelty Business means an establishment which:

Has as a principal activity the sale of devices which stimulate human genitals or devices designed for sexual stimulation; or
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
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.

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

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

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

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

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

Effective on: 1/1/1901

Buffer

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:

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

Effective on: 1/1/1901

Bufferyard

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

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

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

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

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

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

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

Effective on: 1/1/1901

Certificate of Occupancy

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

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

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

Effective on: 1/1/1901

Conservation Area

Conservation Area means:

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

Effective on: 1/1/1901

Conservation Easement

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

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

Parcels or lots that abut other parcels or lots along shared boundary lines; or
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.

Figure D-1:
Deck

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

An increase in a site's impervious surface that results from any new buildings, roads, and/or parking lots;
Changes in soil absorption that are caused by compaction during development;
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
Altering subsurface flows (compared to the site in its natural state).

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

Figure F-1:
Floor Area Ratio

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:

The horizontal square footage is measured from the outside face of all exterior walls.
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.
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

Junkyard

Effective on: 1/1/1901

Land Disturbing Activity

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

Landowner means the holder of legal title to land.

Effective on: 1/1/1901

Landscape Architect

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

Effective on: 1/1/1901

Landscape Surface Area

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

Level of Service (LOS) means:

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.
A measure of the performance of other utilities, such as water pressure as a measure of performance for potable water service.

Long-Term Lease

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

Effective on: 1/1/1901

Lot

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

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

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.

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.
Rear lot line. The lot line opposite the front lot line.
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.
Street lot line. Any lot line that is also a street right-of-way line.

Effective on: 1/1/1901

Lowest Floor

Lowest Floor means the lowest of:

Top of the basement floor; or
Top of the garage floor if the garage is the lowest level of the building; or
The top of the first floor of buildings elevated on pilings or constructed on a crawl space with permanent openings; or
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.

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

Effective on: 1/1/1901

Parcel Proposed for Development

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

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

Figure P-1:
Patio

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

Effective on: 1/1/1901

Porch, Enclosed

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

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

Remedy a Violation.

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.
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

Roof, Butterfly

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

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

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

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

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.

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

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.

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

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

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

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

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

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:

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

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).
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.

Sexual Encounter Center

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

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
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.

Sheltered Care. See Section 18.204, Institutional Uses.

Effective on: 1/1/1901

Shopping Center.

Shopping Center. See Section 18.205, Commercial Uses.

Effective on: 1/1/1901

Shrub

Shrub means:

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

Effective on: 1/1/1901

Sidewalk

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.

Sight Triangle. See Section 8.215 Sight Distance Requirements.

Effective on: 1/1/1901

Sign Definitions

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:
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;
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.
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
Public property without the consent of the appropriate public body or
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,
On each building, up to four banners, flags, or pennants, and
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

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

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

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

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

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

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

Specified Anatomical Areas means

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
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Effective on: 1/1/1901

Specified Sexual Activities

Specified Sexual Activities means:

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
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.

Virtually invisible to the casual observer, such as an antenna behind louvers on a building, or inside a steeple or similar structure, or
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

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

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

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
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.

Figure S-4:
Superblock

Effective on: 1/1/1901

Surety

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

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

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

Effective on: 1/1/1901

Swale

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

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:

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

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.

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

Effective on: 8/12/2024

Basement.

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

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

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.

Building. See Structure.

Effective on: 1/1/1901

Capacity (of a Storm Drainage Facility)

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

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

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.

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).

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

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

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

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

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

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

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

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

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

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

Effective on: 8/12/2024

Detention Basin

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

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

Effective on: 8/12/2024

Drainage Area

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

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

Duration. The time period of a rainfall event.

Erodibility Index (EI)

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

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:

A.
Accelerated Erosion. Erosion much more rapid than normal or geologic erosion, primarily as a result of the activities of man.
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.
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.
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).
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.
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

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.

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

Footing Drain

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.

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.

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

Effective on: 1/1/1901

Garbage

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

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)

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

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

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

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

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

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

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

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

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

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.

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.

Lowest Floor. The lowest elevation described among the following:

The top of the lowest level of the structure;
The top of the basement floor;
The top of the garage floor, if the garage is the lowest level of the structure;
The top of the first floor of a structure elevated on pilings or pillars;
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

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.

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.

Effective on: 1/1/1901

National Pollution Discharge Elimination System (NPDES)

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

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.

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

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

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

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

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

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

Effective on: 6/22/2015

Participating Community.

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)

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

Percolation. The movement of water through soil.

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

Effective on: 8/12/2024

Permanent stabilization

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

Pervious. Allowing movement of water.

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

Effective on: 8/12/2024

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

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

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

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

A.
Providing habitat for threatened or endangered species,
B.
Usage as a public water supply intake,
C.
Relevant community value,
D.
Usage for full body contact recreation,
E.
exceptional use classification as found in 327 IAC 2-1-11(b),
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

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

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.
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

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

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

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

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

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

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

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

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

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

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.

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.

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.

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

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

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.

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

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

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

Effective on: 6/22/2015

Urbanization

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.

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

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.

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

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

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

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

Effective on: 8/12/2024

ARTICLE 18

Definitions

DIVISION 18.300 FLOODPLAIN AND STORMWATER MANAGEMENT DEFINITIONS

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

DIVISION 18.400 GENERAL DEFINITIONS

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.

Sec. 18.101 Word Usage

Generally. This rules of this Division shall be observed and applied when interpreting this UDO, except when the context clearly requires otherwise.

Word Usage. Words shall be interpreted as follows:

Words used or defined in one tense or form shall include other tenses or forms.
Words in the singular number shall include the plural number. Words in the plural number shall include the singular number.
The masculine gender shall include the feminine. The feminine gender shall include the masculine.
The words "shall" and "will" are mandatory.
The words "may" and "should" are permissive.
The word "person" includes individuals, partnerships, firms, corporations, associations, trusts, and any other similar entities or combination of individuals.

Effective on: 1/1/1901

Sec. 18.102 Abbreviations and Acronyms

Abbreviations. The following abbreviations are used in this UDO:

ac.: acre
DBH: diameter at breast height
du or du's: dwelling unit(s)
FAR: floor area ratio
ft.: feet
LSR: landscape surface ratio
max.: maximum
min.: minimum
na.: not applicable
OSR: open space ratio
sf.: square feet

Acronyms. The following acronyms are used in this UDO:

FEMA: Federal Emergency Management Agency
FIRM: Flood Insurance Rate Map
LOMA: Letter of Map Amendment

Effective on: 1/1/1901

Sec. 18.201 Agricultural Uses

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.

Intensive Agriculture means:

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
Any other agricultural use that is required to obtain a discharge permit because of animal or poultry wastes.

Kennel means the boarding, breeding, training, or selling of domestic dogs or cats. The term also includes:

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
Enclosed outdoor areas that are intended for the exercising and/or containment of dogs ("outdoor dog runs").

Effective on: 1/1/1901

Sec. 18.202 Residential Uses

Dormitory, Fraternity, or Sorority means sleeping accommodations and common kitchen facilities are provided for individuals while they are enrolled at an educational institution.

Single-Family Detached (also called "Single-Family") means dwelling units that are:

1.
Constructed on individual lots;
2.
Separated from each other by outside walls; and
3.
Intended for the use of a single housekeeping unit.

Single-Family Attached means all attached dwelling units except multiplex and multifamily. The phrase includes twin homes, duplexes, and all types of townhomes.

Planned Development means a residential development that consists of a variety of lot sizes and more than one housing type.

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.

Group Home

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.
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.

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

Effective on: 8/12/2024

Sec. 18.203 Home Uses

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).
Activities that require commercial deliveries from trucks (as opposed to parcel services).
Businesses that employ anyone other than residents of the dwelling unit.
On-site parking of commercial vehicles, or on-street parking of commercial vehicles next to the dwelling unit.

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

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

Employment of up to four unrelated people who do not live in the dwelling unit;
Commercial deliveries from trucks;
Light manufacturing; or
On-site parking of commercial vehicles.

Effective on: 1/1/1901

Sec. 18.204 Institutional Uses

Places of Public Assembly means a place where the people assemble for civic, educational, social, or day care purposes. This use includes the following:

Places of worship; theaters; conference centers;
Cultural or arts centers; museums; and aquariums;
Libraries;
Elementary and middle schools;
High schools;
Adult day care; and
Child care centers.

College means:

Colleges or universities; and
Professional trade, language, or business schools, and comparable advanced or continuing education facilities.

Monasteries and covenants;
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.
Assisted care living facilities and congregate care facilities; and
Nursing homes

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:

Jails or prisons;
Work release;
Psychiatric hospitals; and
Comparable facilities.

Effective on: 1/1/1901

Sec. 18.205 Commercial Uses

Agricultural Support and Other Rural Services means uses that support agricultural uses, including:

Farm supply services;
Farm equipment dealers;
Grain storage; and
Large animal or livestock veterinarians.

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;
A retail permittee that complies with Rule 29, Selling of Package Alcoholic Beverages by Retail Permittee, of Title 905 IAC, Alcohol and Tobacco Commission;
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;
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;
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;
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;
The sale of alcoholic beverages by a hotel pursuant to a State of Indiana Type 110, 114, 215, or 308 Permit;
The sale of alcoholic beverages by a civic center pursuant to a State of Indiana Type 219, 219-1, or 219-2 Permit; and
The temporary sale of alcoholic beverages pursuant to a State of Indiana Type 118 Temporary Beer / Wine Permit.

Bed and Breakfast means a place of lodging that:

Provides five or fewer rooms for short-term rental;
Is the owner's personal residence; and
Is occupied by the owner at the time of room rental.

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:

Furniture and home furnishings stores (NAICS Code 442);
Electronics and appliance stores (NAICS Code 443);
Paint and wallpaper stores (NAICS Code 44412);
Hardware stores (NAICS Code 44413);
Food and beverage stores (NAICS Code 445, except 4453);
Health and personal care stores (NAICS Code 446);
Clothing and clothing accessory stores (NAICS Code 448);
Sporting goods, hobby, book, and music stores (NAICS Code 451);
General merchandise stores (NAICS Code 452, except 45291); and
Miscellaneous store retailers (NAICS Code 453).

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:

Permanent retail operations that are located outside of enclosed buildings, except nurseries;
Home centers (NAICS Code 44411);
Lumber and other building materials (NAICS Code 44419);
Lawn, garden equipment, supplies stores (NAICS Code 44421);
Warehouse clubs and super stores (NAICS Code 45291);
Mini warehouses, except those with outside storage; and
Recreational equipment rental where the equipment is stored outside.

Light Automobile Service means:

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.
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.
Auto malls with a number of the uses, as listed in G.1., where all activities are contained in a single building.

Drive-in Facility means a facility used by an approved commercial retail or service use to provide service to customers in vehicles who either:

Drive up to a window or station; or
Drive through the building for purchases.

Office means uses in which professional, outpatient medical, or financial services are provided. The term includes:

Accounting, auditing and bookkeeping;
Advertising and graphic design;
Architectural, engineering, and surveying services;
Attorneys and court reporters;
Banks, mortgage companies; and financial services;
Call centers;
Computer programming;
Corporate headquarters;
Counseling services;
Data processing and word processing services;
Detective agencies;
Government offices;
Insurance;
Interior design;
Medical, dental, and chiropractic offices;
Real estate sales;
Research and development that does not include on-site manufacturing;
Retail catalog, internet, and telephone order processing, but not warehousing; and
Virtual office services.

Restaurant means an establishment that serves prepared meals to customers for consumption on-site or off-site, and includes:

Full-service restaurants (NAICS Code 7221);
Limited-service eating facilities (NAICS Code 7222); and
Special foodservices (NAICS Code 7223).

Services means commercial and personal services, such as:

Copy centers;
Social assistance;
Repair services and shops, except automobile, truck, and heavy equipment repair;
Health, exercise, martial arts, yoga, dance, or art studios;
Parcel service drop-off locations and mailbox services;
Nail salons, beauty and barber shops, skin care, and day spas;
Funeral homes;
Laundry and dry-cleaning services;

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.

Effective on: 1/1/1901

Sec. 18.206 Recreation and Amusement Uses

Adult Use means:

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.
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;
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.”

Commercial Amusement, Indoor means uses that provide commercial amusement indoors (except adult uses), including but not limited to:

Bowling alleys and pool rooms;
Indoor sports arenas;
Movie theaters and live theaters;
Indoor skating rinks (ice or roller);
Video arcades; and
Shooting arcades.

Commercial Amusement, Outdoor means uses that provide commercial amusement outdoors (except adult uses), including but not limited to:

Outdoor arenas or stadiums (including but not limited to amphitheaters, sports stadiums, concert facilities, rodeos, and racing facilities);
Amusement parks or theme parks;
Fairgrounds;
Miniature golf establishments;
Golf driving ranges;
Water slides;
Batting cages; and
Shooting ranges.

Community recreation centers;
Gymnasiums;
Indoor swimming pools; or
Tennis, racquetball, or handball courts.

Jogging, cycling, tot-lots, playing fields, playgrounds, outdoor swimming pools, and tennis courts;
Golf courses (regardless of ownership or membership);
Arboretums, wildlife sanctuaries, forests, and other natural areas which may be used for walking or hiking; or
Other passive recreation-oriented parks, including picnic areas, garden plots, and beaches.

Effective on: 1/1/1901

Sec. 18.207 Industrial Uses

Light Industry means:

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
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
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
Mini-warehouses with outside storage; and
Regional utility substations or distribution stations that are located on sites that are at least two acres in area.

Uses listed in subsection A.1.b. that do not meet the criteria set out in subsection A.1.a., above;
Alcoholic beverages manufacturing;
Automotive salvage rebuilder;
Bulk fuel dealers;
Heavy construction contractors;
Industrial equipment leasing;
Meat products manufacturing;
Seafood product reparation and packaging;
Stone, clay, and glass products;
Transportation equipment manufacturing;
Regional utilities, but not including administrative offices, substations, or transmission and distribution lines (this includes all utilities not included as Community Utilities); and
Welding, sheet metal cutting and assembly, and blacksmith.

Warehousing and Transportation means warehousing and logistics facilities, except:

Mini- or self-storage warehouses;
Warehousing that is accessory to a manufacturing facility, occupying less than 25 percent of the total floor area of the facility; and
Parcel service drop-off locations that are not accessory to a parcel service processing facility.

Extraction means uses that involve extraction of materials from the ground, including surface and subsurface mining and quarrying.

Waste Facilities means facilities where wastes are handled for transshipment to a disposal facility. It includes trash compaction and transfer stations.

Salvaging, recycling, scrap metal processing, automotive disposal facility, and junkyards;
Storing of waste paper, rags, scrap metal, polystyrene foam, porcelain, batteries, electronic components, and other discarded materials for recycling;
Collection, dismantlement, storage, and salvage of inoperable vehicles, boats, trucks, farm vehicles or equipment, or other types of heavy machinery.

Disposal means facilities for the disposal of waste or the composting of organic wastes. The term includes:

Landfill; and
Composting facility.

Wind Farm means one or more wind-driven turbines that produce more than 100 kW per turbine.

Effective on: 1/1/1901

Sec. 18.208 Other Uses

Airport means aircraft take-off and landing fields and flight training schools. The term airport does not include:

Airstrips for personal aircraft for the private use of an individual; and
Heliports that are accessory to another use, such as a hospital.

Cemetery means an outdoor area designated for the burial of human remains. The term cemetery does not include:

Private memorial gardens that are accessory to places of worship, university campuses, or farmsteads; or
Columbaria that are accessory to places of worship, or university campuses.

Parking and Transit Facilities means:

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.
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.

Effective on: 1/1/1901

Sec. 18.209 Temporary Uses

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.

Sales Office means:

A dwelling unit within a subdivision that is used as a sales office;
A dwelling unit within a condominium that is used as a sales office; or
A modular unit used as a sales office for a subdivision or condominium.

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:

A public sidewalk;
A private sidewalk; or
Pedestrian areas adjacent to a sidewalk.

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.

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.

Effective on: 1/1/1901

Sec. 18.301 Abbreviations

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

Sec. 18.302 Definitions

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

Abandoned Vehicle

Abandoned Vehicle means the following:

A vehicle located on public property illegally.
A vehicle left on public property without being moved for three (3) days.
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.
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.
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.
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.
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

Abandonment means:

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.
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

Effective on: 1/1/1901

Access Easement

Effective on: 1/1/1901

Accessory Building or Accessory Structure

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

Is subordinate to and serves a principal building or structure;
Contributes to the comfort, convenience or necessity of occupants of the principal building or structure;
Is obviously subordinate in area, extent or purpose to the principal building or structure; and
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

Effective on: 1/1/1901

Active Recreation

Effective on: 1/1/1901

Addition

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

Adequate Public Infrastructure means:

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
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.

Adult Novelty Business

Adult Novelty Business means an establishment which:

Has as a principal activity the sale of devices which stimulate human genitals or devices designed for sexual stimulation; or
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
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

Effective on: 1/1/1901

Adult Use.

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

Effective on: 1/1/1901

Alley

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

Approval

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

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

Effective on: 1/1/1901

Arterial Street.

Arterial Street. See Street, Arterial.

Effective on: 1/1/1901

Attic

Effective on: 1/1/1901

Automotive Disposal Facility

An automotive salvage recycler.
A hulk crusher.

Statutory Reference: IC 9-13-2-44

Effective on: 1/1/1901

Automotive Salvage Rebuilder

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

Of acquiring salvage motor vehicles for the purpose of restoring, reconstructing, or rebuilding the vehicles; and
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

Automotive Salvage Recycler means a business that:

Acquires damaged, inoperative, discarded, abandoned, or salvage motor vehicles, or their remains, as stock-in-trade;
Dismantles and processes such vehicles or remains for the reclamation and sale of reusable components and parts; and
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

Effective on: 1/1/1901

Balcony

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

Buffer

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

Effective on: 1/1/1901

Bufferyard

Figure B-3:
Bufferyard

Effective on: 1/1/1901

Build-to Line

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

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

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

Effective on: 1/1/1901

Certificate of Occupancy

Effective on: 1/1/1901

Cluster

Figure C-1:
Cluster

Effective on: 1/1/1901

Collocation

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

Effective on: 1/1/1901

Commercial Vehicle

Effective on: 1/1/1901

Communications Tower.

Communications Tower. A structure erected to support antennae.

Effective on: 1/1/1901

Comprehensive Plan

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

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

Effective on: 1/1/1901

Conservation Area

Conservation Area means:

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

Effective on: 1/1/1901

Conservation Easement

Effective on: 1/1/1901

Contiguous

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

Parcels or lots that abut other parcels or lots along shared boundary lines; or
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.

Cottage Industry. See Section 18.203, Home Uses.

Effective on: 1/1/1901

County

County means Porter County, Indiana.

Effective on: 1/1/1901

Cut-off

Effective on: 1/1/1901

Cut-off Angle

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

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

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

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.

Density, Gross.

Density, Gross. See Section 3.205, Density.

Effective on: 1/1/1901

Density, Net.

Density, Net. See Section 3.205, Density.

Effective on: 1/1/1901

Effective on: 1/1/1901

Dwelling, Multi-Family

Effective on: 1/1/1901

Dwelling, Single-Family Detached

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

Effective on: 1/1/1901

Earthen Berm

Effective on: 1/1/1901

Easement

Effective on: 1/1/1901

Elevated Structure

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

Effective on: 1/1/1901

Endorsement

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.

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

Family

Family means:

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

Effective on: 1/1/1901

Farm.

Farm. See Section 18.201, Agricultural Uses.

Effective on: 1/1/1901

Farmstead.

Farmstead. See Section 18.201, Agricultural Uses.

Effective on: 1/1/1901

Filling

Effective on: 1/1/1901

Final Plat

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.

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)

Figure F-1:
Floor Area Ratio

Effective on: 1/1/1901

Footcandle

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:

The horizontal square footage is measured from the outside face of all exterior walls.
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.
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

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

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

Effective on: 1/1/1901

Groundwater

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

Effective on: 1/1/1901

Hazardous Material.

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

Effective on: 1/1/1901

Height, Building.

Height, Building. See Building Height.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

Infill

Effective on: 1/1/1901

Infiltration

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

Effective on: 1/1/1901

Intermittent Stream

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

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

Effective on: 1/1/1901

Junkyard

Effective on: 1/1/1901

Land Disturbing Activity

Effective on: 1/1/1901

Landowner

Landowner means the holder of legal title to land.

Effective on: 1/1/1901

Landscape Architect

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

Effective on: 1/1/1901

Landscape Surface Area

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).

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

Effective on: 1/1/1901

Landscaping

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

Effective on: 1/1/1901

Lessee

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

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

Effective on: 1/1/1901

Logo Building

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

Figure L-2:
Logo Building Element Examples

Effective on: 1/1/1901

Long-Term Lease

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

Effective on: 1/1/1901

Lot

Effective on: 1/1/1901

Lot Coverage

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

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.
Rear lot line. The lot line opposite the front lot line.
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.
Street lot line. Any lot line that is also a street right-of-way line.

Effective on: 1/1/1901

Lowest Floor

Lowest Floor means the lowest of:

Top of the basement floor; or
Top of the garage floor if the garage is the lowest level of the building; or
The top of the first floor of buildings elevated on pilings or constructed on a crawl space with permanent openings; or
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

Effective on: 1/1/1901

Motel.

Motel. See Section 18.205, Commercial Uses.

Effective on: 1/1/1901

Multi-family Dwelling

Effective on: 1/1/1901

Multiplex

Effective on: 1/1/1901

Mural

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

Effective on: 1/1/1901

New Construction

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

Effective on: 1/1/1901

Nonconforming Building.

Nonconforming Building. See Section 13.201 Types of Nonconformities.

Effective on: 1/1/1901

Nonconforming Lot.

Nonconforming Lot. See Section 13.201 Types of Nonconformities.

Effective on: 1/1/1901

Nonconforming Situation

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.

Effective on: 1/1/1901

Nonpoint Source Pollution

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

Nudity, or a state of nudity, means:

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

Effective on: 1/1/1901

Occupancy

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

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

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

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

Effective on: 1/1/1901

Park

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

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

Effective on: 1/1/1901

Passive Recreation

Effective on: 1/1/1901

Pastures

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

Effective on: 1/1/1901

Patio

Figure P-1:
Patio

Effective on: 1/1/1901

Patio House

Effective on: 1/1/1901

Pattern Book

Effective on: 1/1/1901

Pavement Width or Width of Pavement

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

Effective on: 1/1/1901

Pedestrian Way

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

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.

Performance Guarantee. See Surety.

Effective on: 1/1/1901

Planning Director means the Director of the Planning Department.

Effective on: 1/1/1901

Plans, Construction

Effective on: 1/1/1901

Plat

Effective on: 1/1/1901

Plat, Primary

Effective on: 1/1/1901

Plat, Secondary.

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

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

Effective on: 1/1/1901

Private Restrictions

Effective on: 1/1/1901

Private Subdivision

Effective on: 1/1/1901

Property Line

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

Effective on: 1/1/1901

Property Owner

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

Effective on: 1/1/1901

Public Utilities

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.

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

Effective on: 1/1/1901

Recreational Vehicle

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

Effective on: 1/1/1901

Recreational Vehicle Park.

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.

Reserve Strip.

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

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

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

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

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

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

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

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.

Figure R-5: Gambrel Roof

Effective on: 1/1/1901

Roof, Hipped

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.

Figure R-7: Mansard Roof

Effective on: 1/1/1901

Roof, Shed

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

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

Effective on: 1/1/1901

Scale

Scale means:

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).
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

Effective on: 1/1/1901

Sediment

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.

Shopping Center.

Shopping Center. See Section 18.205, Commercial Uses.

Effective on: 1/1/1901

Shrub

Shrub means:

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

Effective on: 1/1/1901

Sidewalk

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.

Sight Triangle. See Section 8.215 Sight Distance Requirements.

Effective on: 1/1/1901

Sign Definitions

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:
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;
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.
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
Public property without the consent of the appropriate public body or
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,
On each building, up to four banners, flags, or pennants, and
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

Effective on: 1/1/1901

Slope

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

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

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

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

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

Specified Anatomical Areas means

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
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Effective on: 1/1/1901

Specified Sexual Activities

Specified Sexual Activities means:

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
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

Effective on: 1/1/1901

Staff

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

Effective on: 1/1/1901

Standards Manual

Effective on: 1/1/1901

Start of Construction.

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

Effective on: 1/1/1901

State

State means the State of Indiana.

Effective on: 1/1/1901

Stealthed Facility

Stealthed Facility means a facility which is either:

Virtually invisible to the casual observer, such as an antenna behind louvers on a building, or inside a steeple or similar structure, or
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

Effective on: 1/1/1901

Stormwater Management

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

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
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

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.

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)

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

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

Subdivision

Effective on: 1/1/1901

Subdivision Regulations

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.

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

Effective on: 1/1/1901

Substantial Improvement.

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

Effective on: 1/1/1901

Superblock

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

Effective on: 1/1/1901

Surface Water

Effective on: 1/1/1901

Surveyor

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

Effective on: 1/1/1901

Swale

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

Effective on: 1/1/1901

Text Amendment

Effective on: 1/1/1901

Top of Bank

Effective on: 1/1/1901

Topography

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

Effective on: 1/1/1901

Townhouse

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

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

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

Effective on: 1/1/1901

Travel Trailer

Effective on: 1/1/1901

Tree, Large

Effective on: 1/1/1901

Tree, Non-Exempt

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

Effective on: 1/1/1901

Tree, Small

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

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

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:

Use variances, which allow uses that are otherwise not allowed in the zoning district; and
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

Effective on: 1/1/1901

Violation

Effective on: 1/1/1901

Water Quality

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

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

Effective on: 1/1/1901

Watershed

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

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

Effective on: 1/1/1901

Weeds

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

Effective on: 1/1/1901

Wetland

Effective on: 1/1/1901

Wetland Delineation and Report

Effective on: 1/1/1901

Window

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

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

Effective on: 1/1/1901

Yard, Front

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

Addition (to an existing structure).

Effective on: 1/1/1901

Agricultural land disturbing activity

Effective on: 6/22/2015

Appeal.

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.

Effective on: 1/1/1901

Base Flood

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).

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

Effective on: 1/1/1901

Base Flow

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.

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

Effective on: 6/22/2015

Buffer Strip

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.

Building. See Structure.

Effective on: 1/1/1901

Capacity (of a Storm Drainage Facility)

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

Effective on: 8/12/2024

Constructed Wetland

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

Effective on: 6/22/2015

Construction Plan

Effective on: 6/22/2015

Construction Site Access

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

Effective on: 8/12/2024

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

Effective on: 8/12/2024

Critical Facility.

Effective on: 1/1/1901

Cross Section

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.

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

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

Effective on: 8/12/2024

Detention Basin

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

Effective on: 8/12/2024

Detention Facility

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

Development.

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.
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

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

Effective on: 8/12/2024

Effective on: 6/22/2015

Dry Well

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

Duration. The time period of a rainfall event.

Effective on: 8/12/2024

Erodibility Index (EI)

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

Effective on: 8/12/2024

Erosion

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:

A.
Accelerated Erosion. Erosion much more rapid than normal or geologic erosion, primarily as a result of the activities of man.
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.
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.
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).
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.
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

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

Effective on: 8/12/2024

Erosion and Sediment Control System

Effective on: 6/22/2015

Existing Construction.

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.

Flood.

Effective on: 1/1/1901

Flood Boundary and Floodway Map (FBFM).

Effective on: 1/1/1901

Flood Insurance Rate Map (FIRM).

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).

Effective on: 1/1/1901

Flood Prone Area

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)

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

Footing Drain

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.

Effective on: 1/1/1901

Fringe.

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

Effective on: 1/1/1901

Garbage

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.

Habitat

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

Effective on: 1/1/1901

Individual Building Lot

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

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

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

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

Effective on: 8/12/2024

Inlet

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

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

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

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

Effective on: 8/12/2024

Letter of Final Determination (LFD)

Effective on: 1/1/1901

Letter of Map Change (LOMC)

Manhole

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.

Effective on: 1/1/1901

Manufactured Home Park or Subdivision.

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

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)

Effective on: 6/22/2015

Natural Drainage

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.

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.

Effective on: 1/1/1901

North American Vertical Datum of 1988 (NAVD 88).

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)

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.

Effective on: 1/1/1901

Offense

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

Effective on: 8/12/2024

One-Hundred Year Flood (100-Year Flood).

Effective on: 1/1/1901

One-Percent Annual Chance Flood

Effective on: 6/22/2015

Open Drain

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

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

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

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

Effective on: 6/22/2015

Effective on: 8/12/2024

Pervious

Pervious. Allowing movement of water.

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

Effective on: 8/12/2024

Physical Map Revision. (PMR).

Effective on: 1/1/1901

Point Source

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

Effective on: 8/12/2024

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

Effective on: 8/12/2024

Public Safety and Nuisance.

Effective on: 1/1/1901

Rain Garden

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

Regulated Drain

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.

Effective on: 1/1/1901

Release Rate

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

Effective on: 6/22/2015

Repetitive Loss.

Effective on: 1/1/1901

Reservoir

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

Effective on: 8/12/2024

Retention

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

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

Effective on: 8/12/2024

Retention Facility

Effective on: 6/22/2015

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

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

Effective on: 8/12/2024

Section 1316.

Effective on: 1/1/1901

Sediment

Effective on: 6/22/2015

Sedimentation

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

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

A.
Providing habitat for threatened or endangered species,
B.
Usage as a public water supply intake,
C.
Relevant community value,
D.
Usage for full body contact recreation,
E.
exceptional use classification as found in 327 IAC 2-1-11(b),
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

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

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.
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

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

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).

Effective on: 1/1/1901

Spill

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

Stormwater Pollution Prevention Plan

Effective on: 6/22/2015

Temporary Stabilization

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

Effective on: 8/12/2024

Tile Drain

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

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.

Effective on: 1/1/1901

Vegetated Swale

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

Effective on: 1/1/1901

Waterbody

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.

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

Effective on: 8/12/2024

Watershed

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

Effective on: 8/12/2024

Watershed Area

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

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

Effective on: 8/12/2024

Weir

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

Effective on: 6/22/2015

X Zone.

Effective on: 1/1/1901

Zone.

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.

Zone A. See definition for A ZONE.

Effective on: 1/1/1901

Zone B, C, AND X.

Effective on: 1/1/1901

Valparaiso City Zoning Code

ARTICLE 18

Definitions

DIVISION 18.300 FLOODPLAIN AND STORMWATER MANAGEMENT DEFINITIONS

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

DIVISION 18.400 GENERAL DEFINITIONS

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.

Sec. 18.101 Word Usage

Generally. This rules of this Division shall be observed and applied when interpreting this UDO, except when the context clearly requires otherwise.

Word Usage. Words shall be interpreted as follows:

Words used or defined in one tense or form shall include other tenses or forms.
Words in the singular number shall include the plural number. Words in the plural number shall include the singular number.
The masculine gender shall include the feminine. The feminine gender shall include the masculine.
The words "shall" and "will" are mandatory.
The words "may" and "should" are permissive.
The word "person" includes individuals, partnerships, firms, corporations, associations, trusts, and any other similar entities or combination of individuals.

Effective on: 1/1/1901

Sec. 18.102 Abbreviations and Acronyms

Abbreviations. The following abbreviations are used in this UDO:

ac.: acre
DBH: diameter at breast height
du or du's: dwelling unit(s)
FAR: floor area ratio
ft.: feet
LSR: landscape surface ratio
max.: maximum
min.: minimum
na.: not applicable
OSR: open space ratio
sf.: square feet

Acronyms. The following acronyms are used in this UDO:

FEMA: Federal Emergency Management Agency
FIRM: Flood Insurance Rate Map
LOMA: Letter of Map Amendment

Effective on: 1/1/1901

Sec. 18.201 Agricultural Uses

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.

Intensive Agriculture means:

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
Any other agricultural use that is required to obtain a discharge permit because of animal or poultry wastes.

Kennel means the boarding, breeding, training, or selling of domestic dogs or cats. The term also includes:

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
Enclosed outdoor areas that are intended for the exercising and/or containment of dogs ("outdoor dog runs").

Effective on: 1/1/1901

Sec. 18.202 Residential Uses

Dormitory, Fraternity, or Sorority means sleeping accommodations and common kitchen facilities are provided for individuals while they are enrolled at an educational institution.

Single-Family Detached (also called "Single-Family") means dwelling units that are:

1.
Constructed on individual lots;
2.
Separated from each other by outside walls; and
3.
Intended for the use of a single housekeeping unit.

Single-Family Attached means all attached dwelling units except multiplex and multifamily. The phrase includes twin homes, duplexes, and all types of townhomes.

Planned Development means a residential development that consists of a variety of lot sizes and more than one housing type.

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.

Group Home

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.
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.

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

Effective on: 8/12/2024

Sec. 18.203 Home Uses

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).
Activities that require commercial deliveries from trucks (as opposed to parcel services).
Businesses that employ anyone other than residents of the dwelling unit.
On-site parking of commercial vehicles, or on-street parking of commercial vehicles next to the dwelling unit.

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

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

Employment of up to four unrelated people who do not live in the dwelling unit;
Commercial deliveries from trucks;
Light manufacturing; or
On-site parking of commercial vehicles.

Effective on: 1/1/1901

Sec. 18.204 Institutional Uses

Places of Public Assembly means a place where the people assemble for civic, educational, social, or day care purposes. This use includes the following:

Places of worship; theaters; conference centers;
Cultural or arts centers; museums; and aquariums;
Libraries;
Elementary and middle schools;
High schools;
Adult day care; and
Child care centers.

College means:

Colleges or universities; and
Professional trade, language, or business schools, and comparable advanced or continuing education facilities.

Monasteries and covenants;
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.
Assisted care living facilities and congregate care facilities; and
Nursing homes

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:

Jails or prisons;
Work release;
Psychiatric hospitals; and
Comparable facilities.

Effective on: 1/1/1901

Sec. 18.205 Commercial Uses

Agricultural Support and Other Rural Services means uses that support agricultural uses, including:

Farm supply services;
Farm equipment dealers;
Grain storage; and
Large animal or livestock veterinarians.

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;
A retail permittee that complies with Rule 29, Selling of Package Alcoholic Beverages by Retail Permittee, of Title 905 IAC, Alcohol and Tobacco Commission;
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;
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;
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;
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;
The sale of alcoholic beverages by a hotel pursuant to a State of Indiana Type 110, 114, 215, or 308 Permit;
The sale of alcoholic beverages by a civic center pursuant to a State of Indiana Type 219, 219-1, or 219-2 Permit; and
The temporary sale of alcoholic beverages pursuant to a State of Indiana Type 118 Temporary Beer / Wine Permit.

Bed and Breakfast means a place of lodging that:

Provides five or fewer rooms for short-term rental;
Is the owner's personal residence; and
Is occupied by the owner at the time of room rental.

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:

Furniture and home furnishings stores (NAICS Code 442);
Electronics and appliance stores (NAICS Code 443);
Paint and wallpaper stores (NAICS Code 44412);
Hardware stores (NAICS Code 44413);
Food and beverage stores (NAICS Code 445, except 4453);
Health and personal care stores (NAICS Code 446);
Clothing and clothing accessory stores (NAICS Code 448);
Sporting goods, hobby, book, and music stores (NAICS Code 451);
General merchandise stores (NAICS Code 452, except 45291); and
Miscellaneous store retailers (NAICS Code 453).

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:

Permanent retail operations that are located outside of enclosed buildings, except nurseries;
Home centers (NAICS Code 44411);
Lumber and other building materials (NAICS Code 44419);
Lawn, garden equipment, supplies stores (NAICS Code 44421);
Warehouse clubs and super stores (NAICS Code 45291);
Mini warehouses, except those with outside storage; and
Recreational equipment rental where the equipment is stored outside.

Light Automobile Service means:

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.
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.
Auto malls with a number of the uses, as listed in G.1., where all activities are contained in a single building.

Drive-in Facility means a facility used by an approved commercial retail or service use to provide service to customers in vehicles who either:

Drive up to a window or station; or
Drive through the building for purchases.

Office means uses in which professional, outpatient medical, or financial services are provided. The term includes:

Accounting, auditing and bookkeeping;
Advertising and graphic design;
Architectural, engineering, and surveying services;
Attorneys and court reporters;
Banks, mortgage companies; and financial services;
Call centers;
Computer programming;
Corporate headquarters;
Counseling services;
Data processing and word processing services;
Detective agencies;
Government offices;
Insurance;
Interior design;
Medical, dental, and chiropractic offices;
Real estate sales;
Research and development that does not include on-site manufacturing;
Retail catalog, internet, and telephone order processing, but not warehousing; and
Virtual office services.

Restaurant means an establishment that serves prepared meals to customers for consumption on-site or off-site, and includes:

Full-service restaurants (NAICS Code 7221);
Limited-service eating facilities (NAICS Code 7222); and
Special foodservices (NAICS Code 7223).

Services means commercial and personal services, such as:

Copy centers;
Social assistance;
Repair services and shops, except automobile, truck, and heavy equipment repair;
Health, exercise, martial arts, yoga, dance, or art studios;
Parcel service drop-off locations and mailbox services;
Nail salons, beauty and barber shops, skin care, and day spas;
Funeral homes;
Laundry and dry-cleaning services;

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.

Effective on: 1/1/1901

Sec. 18.206 Recreation and Amusement Uses

Adult Use means:

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.
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;
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.”

Commercial Amusement, Indoor means uses that provide commercial amusement indoors (except adult uses), including but not limited to:

Bowling alleys and pool rooms;
Indoor sports arenas;
Movie theaters and live theaters;
Indoor skating rinks (ice or roller);
Video arcades; and
Shooting arcades.

Commercial Amusement, Outdoor means uses that provide commercial amusement outdoors (except adult uses), including but not limited to:

Outdoor arenas or stadiums (including but not limited to amphitheaters, sports stadiums, concert facilities, rodeos, and racing facilities);
Amusement parks or theme parks;
Fairgrounds;
Miniature golf establishments;
Golf driving ranges;
Water slides;
Batting cages; and
Shooting ranges.

Community recreation centers;
Gymnasiums;
Indoor swimming pools; or
Tennis, racquetball, or handball courts.

Jogging, cycling, tot-lots, playing fields, playgrounds, outdoor swimming pools, and tennis courts;
Golf courses (regardless of ownership or membership);
Arboretums, wildlife sanctuaries, forests, and other natural areas which may be used for walking or hiking; or
Other passive recreation-oriented parks, including picnic areas, garden plots, and beaches.

Effective on: 1/1/1901

Sec. 18.207 Industrial Uses

Light Industry means:

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
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
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
Mini-warehouses with outside storage; and
Regional utility substations or distribution stations that are located on sites that are at least two acres in area.

Uses listed in subsection A.1.b. that do not meet the criteria set out in subsection A.1.a., above;
Alcoholic beverages manufacturing;
Automotive salvage rebuilder;
Bulk fuel dealers;
Heavy construction contractors;
Industrial equipment leasing;
Meat products manufacturing;
Seafood product reparation and packaging;
Stone, clay, and glass products;
Transportation equipment manufacturing;
Regional utilities, but not including administrative offices, substations, or transmission and distribution lines (this includes all utilities not included as Community Utilities); and
Welding, sheet metal cutting and assembly, and blacksmith.

Warehousing and Transportation means warehousing and logistics facilities, except:

Mini- or self-storage warehouses;
Warehousing that is accessory to a manufacturing facility, occupying less than 25 percent of the total floor area of the facility; and
Parcel service drop-off locations that are not accessory to a parcel service processing facility.

Extraction means uses that involve extraction of materials from the ground, including surface and subsurface mining and quarrying.

Waste Facilities means facilities where wastes are handled for transshipment to a disposal facility. It includes trash compaction and transfer stations.

Salvaging, recycling, scrap metal processing, automotive disposal facility, and junkyards;
Storing of waste paper, rags, scrap metal, polystyrene foam, porcelain, batteries, electronic components, and other discarded materials for recycling;
Collection, dismantlement, storage, and salvage of inoperable vehicles, boats, trucks, farm vehicles or equipment, or other types of heavy machinery.

Disposal means facilities for the disposal of waste or the composting of organic wastes. The term includes:

Landfill; and
Composting facility.

Wind Farm means one or more wind-driven turbines that produce more than 100 kW per turbine.

Effective on: 1/1/1901

Sec. 18.208 Other Uses

Airport means aircraft take-off and landing fields and flight training schools. The term airport does not include:

Airstrips for personal aircraft for the private use of an individual; and
Heliports that are accessory to another use, such as a hospital.

Cemetery means an outdoor area designated for the burial of human remains. The term cemetery does not include:

Private memorial gardens that are accessory to places of worship, university campuses, or farmsteads; or
Columbaria that are accessory to places of worship, or university campuses.

Parking and Transit Facilities means:

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.
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.

Effective on: 1/1/1901

Sec. 18.209 Temporary Uses

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.

Sales Office means:

A dwelling unit within a subdivision that is used as a sales office;
A dwelling unit within a condominium that is used as a sales office; or
A modular unit used as a sales office for a subdivision or condominium.

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:

A public sidewalk;
A private sidewalk; or
Pedestrian areas adjacent to a sidewalk.

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.

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.

Effective on: 1/1/1901

Sec. 18.301 Abbreviations

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

Sec. 18.302 Definitions

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

Abandoned Vehicle

Abandoned Vehicle means the following:

A vehicle located on public property illegally.
A vehicle left on public property without being moved for three (3) days.
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.
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.
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.
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.
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

Abandonment means:

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.
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

Effective on: 1/1/1901

Access Easement

Effective on: 1/1/1901

Accessory Building or Accessory Structure

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

Is subordinate to and serves a principal building or structure;
Contributes to the comfort, convenience or necessity of occupants of the principal building or structure;
Is obviously subordinate in area, extent or purpose to the principal building or structure; and
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

Effective on: 1/1/1901

Active Recreation

Effective on: 1/1/1901

Addition

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

Adequate Public Infrastructure means:

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
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.

Adult Novelty Business

Adult Novelty Business means an establishment which:

Has as a principal activity the sale of devices which stimulate human genitals or devices designed for sexual stimulation; or
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
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

Effective on: 1/1/1901

Adult Use.

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

Effective on: 1/1/1901

Alley

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

Approval

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

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

Effective on: 1/1/1901

Arterial Street.

Arterial Street. See Street, Arterial.

Effective on: 1/1/1901

Attic

Effective on: 1/1/1901

Automotive Disposal Facility

An automotive salvage recycler.
A hulk crusher.

Statutory Reference: IC 9-13-2-44

Effective on: 1/1/1901

Automotive Salvage Rebuilder

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

Of acquiring salvage motor vehicles for the purpose of restoring, reconstructing, or rebuilding the vehicles; and
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

Automotive Salvage Recycler means a business that:

Acquires damaged, inoperative, discarded, abandoned, or salvage motor vehicles, or their remains, as stock-in-trade;
Dismantles and processes such vehicles or remains for the reclamation and sale of reusable components and parts; and
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

Effective on: 1/1/1901

Balcony

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

Buffer

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

Effective on: 1/1/1901

Bufferyard

Figure B-3:
Bufferyard

Effective on: 1/1/1901

Build-to Line

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

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

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

Effective on: 1/1/1901

Certificate of Occupancy

Effective on: 1/1/1901

Cluster

Figure C-1:
Cluster

Effective on: 1/1/1901

Collocation

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

Effective on: 1/1/1901

Commercial Vehicle

Effective on: 1/1/1901

Communications Tower.

Communications Tower. A structure erected to support antennae.

Effective on: 1/1/1901

Comprehensive Plan

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

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

Effective on: 1/1/1901

Conservation Area

Conservation Area means:

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

Effective on: 1/1/1901

Conservation Easement

Effective on: 1/1/1901

Contiguous

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

Parcels or lots that abut other parcels or lots along shared boundary lines; or
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.

Cottage Industry. See Section 18.203, Home Uses.

Effective on: 1/1/1901

County

County means Porter County, Indiana.

Effective on: 1/1/1901

Cut-off

Effective on: 1/1/1901

Cut-off Angle

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

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

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

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.

Density, Gross.

Density, Gross. See Section 3.205, Density.

Effective on: 1/1/1901

Density, Net.

Density, Net. See Section 3.205, Density.

Effective on: 1/1/1901

Effective on: 1/1/1901

Dwelling, Multi-Family

Effective on: 1/1/1901

Dwelling, Single-Family Detached

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

Effective on: 1/1/1901

Earthen Berm

Effective on: 1/1/1901

Easement

Effective on: 1/1/1901

Elevated Structure

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

Effective on: 1/1/1901

Endorsement

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.

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

Family

Family means:

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

Effective on: 1/1/1901

Farm.

Farm. See Section 18.201, Agricultural Uses.

Effective on: 1/1/1901

Farmstead.

Farmstead. See Section 18.201, Agricultural Uses.

Effective on: 1/1/1901

Filling

Effective on: 1/1/1901

Final Plat

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.

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)

Figure F-1:
Floor Area Ratio

Effective on: 1/1/1901

Footcandle

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:

The horizontal square footage is measured from the outside face of all exterior walls.
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.
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

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

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

Effective on: 1/1/1901

Groundwater

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

Effective on: 1/1/1901

Hazardous Material.

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

Effective on: 1/1/1901

Height, Building.

Height, Building. See Building Height.

Effective on: 1/1/1901

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

Effective on: 1/1/1901

Infill

Effective on: 1/1/1901

Infiltration

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

Effective on: 1/1/1901

Intermittent Stream

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

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

Effective on: 1/1/1901

Junkyard

Effective on: 1/1/1901

Land Disturbing Activity

Effective on: 1/1/1901

Landowner

Landowner means the holder of legal title to land.

Effective on: 1/1/1901

Landscape Architect

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

Effective on: 1/1/1901

Landscape Surface Area

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).

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

Effective on: 1/1/1901

Landscaping

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

Effective on: 1/1/1901

Lessee

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

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

Effective on: 1/1/1901

Logo Building

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

Figure L-2:
Logo Building Element Examples

Effective on: 1/1/1901

Long-Term Lease

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

Effective on: 1/1/1901

Lot

Effective on: 1/1/1901

Lot Coverage

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

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.
Rear lot line. The lot line opposite the front lot line.
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.
Street lot line. Any lot line that is also a street right-of-way line.

Effective on: 1/1/1901

Lowest Floor

Lowest Floor means the lowest of:

Top of the basement floor; or
Top of the garage floor if the garage is the lowest level of the building; or
The top of the first floor of buildings elevated on pilings or constructed on a crawl space with permanent openings; or
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

Effective on: 1/1/1901

Motel.

Motel. See Section 18.205, Commercial Uses.

Effective on: 1/1/1901

Multi-family Dwelling

Effective on: 1/1/1901

Multiplex

Effective on: 1/1/1901

Mural

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

Effective on: 1/1/1901

New Construction

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

Effective on: 1/1/1901

Nonconforming Building.

Nonconforming Building. See Section 13.201 Types of Nonconformities.

Effective on: 1/1/1901

Nonconforming Lot.

Nonconforming Lot. See Section 13.201 Types of Nonconformities.

Effective on: 1/1/1901

Nonconforming Situation

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.

Effective on: 1/1/1901

Nonpoint Source Pollution

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

Nudity, or a state of nudity, means:

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

Effective on: 1/1/1901

Occupancy

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

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

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

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

Effective on: 1/1/1901

Park

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

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

Effective on: 1/1/1901

Passive Recreation

Effective on: 1/1/1901

Pastures

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

Effective on: 1/1/1901

Patio

Figure P-1:
Patio

Effective on: 1/1/1901

Patio House

Effective on: 1/1/1901

Pattern Book

Effective on: 1/1/1901

Pavement Width or Width of Pavement

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

Effective on: 1/1/1901

Pedestrian Way

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

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.

Performance Guarantee. See Surety.

Effective on: 1/1/1901

Planning Director means the Director of the Planning Department.

Effective on: 1/1/1901

Plans, Construction

Effective on: 1/1/1901

Plat

Effective on: 1/1/1901

Plat, Primary

Effective on: 1/1/1901

Plat, Secondary.

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

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

Effective on: 1/1/1901

Private Restrictions

Effective on: 1/1/1901

Private Subdivision

Effective on: 1/1/1901

Property Line

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

Effective on: 1/1/1901

Property Owner

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

Effective on: 1/1/1901

Public Utilities

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.

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

Effective on: 1/1/1901

Recreational Vehicle

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

Effective on: 1/1/1901

Recreational Vehicle Park.

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.

Reserve Strip.

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

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

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

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

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

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

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

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.

Figure R-5: Gambrel Roof

Effective on: 1/1/1901

Roof, Hipped

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.

Figure R-7: Mansard Roof

Effective on: 1/1/1901

Roof, Shed

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

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

Effective on: 1/1/1901

Scale

Scale means:

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).
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

Effective on: 1/1/1901

Sediment

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.

Shopping Center.

Shopping Center. See Section 18.205, Commercial Uses.

Effective on: 1/1/1901

Shrub

Shrub means:

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

Effective on: 1/1/1901

Sidewalk

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.

Sight Triangle. See Section 8.215 Sight Distance Requirements.

Effective on: 1/1/1901

Sign Definitions

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:
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;
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.
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
Public property without the consent of the appropriate public body or
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,
On each building, up to four banners, flags, or pennants, and
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

Effective on: 1/1/1901

Slope

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

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

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

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

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

Specified Anatomical Areas means

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
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Effective on: 1/1/1901

Specified Sexual Activities

Specified Sexual Activities means:

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
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

Effective on: 1/1/1901

Staff

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

Effective on: 1/1/1901

Standards Manual

Effective on: 1/1/1901

Start of Construction.

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

Effective on: 1/1/1901

State

State means the State of Indiana.

Effective on: 1/1/1901

Stealthed Facility

Stealthed Facility means a facility which is either:

Virtually invisible to the casual observer, such as an antenna behind louvers on a building, or inside a steeple or similar structure, or
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

Effective on: 1/1/1901

Stormwater Management

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

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
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

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.

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)

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

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

Subdivision

Effective on: 1/1/1901

Subdivision Regulations

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.

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

Effective on: 1/1/1901

Substantial Improvement.

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

Effective on: 1/1/1901

Superblock

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

Effective on: 1/1/1901

Surface Water

Effective on: 1/1/1901

Surveyor

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

Effective on: 1/1/1901

Swale

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

Effective on: 1/1/1901

Text Amendment

Effective on: 1/1/1901

Top of Bank

Effective on: 1/1/1901

Topography

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

Effective on: 1/1/1901

Townhouse

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

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

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

Effective on: 1/1/1901

Travel Trailer

Effective on: 1/1/1901

Tree, Large

Effective on: 1/1/1901

Tree, Non-Exempt

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

Effective on: 1/1/1901

Tree, Small

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

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

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:

Use variances, which allow uses that are otherwise not allowed in the zoning district; and
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

Effective on: 1/1/1901

Violation

Effective on: 1/1/1901

Water Quality

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

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

Effective on: 1/1/1901

Watershed

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

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

Effective on: 1/1/1901

Weeds

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

Effective on: 1/1/1901

Wetland

Effective on: 1/1/1901

Wetland Delineation and Report

Effective on: 1/1/1901

Window

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

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

Effective on: 1/1/1901

Yard, Front

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

Addition (to an existing structure).

Effective on: 1/1/1901

Agricultural land disturbing activity

Effective on: 6/22/2015

Appeal.

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.

Effective on: 1/1/1901

Base Flood

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).

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

Effective on: 1/1/1901

Base Flow

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.

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

Effective on: 6/22/2015

Buffer Strip

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.

Building. See Structure.

Effective on: 1/1/1901

Capacity (of a Storm Drainage Facility)

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

Effective on: 8/12/2024

Constructed Wetland

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

Effective on: 6/22/2015

Construction Plan

Effective on: 6/22/2015

Construction Site Access

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

Effective on: 8/12/2024

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

Effective on: 8/12/2024

Critical Facility.

Effective on: 1/1/1901

Cross Section

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.

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

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

Effective on: 8/12/2024

Detention Basin

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

Effective on: 8/12/2024

Detention Facility

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

Development.

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.
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

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

Effective on: 8/12/2024

Effective on: 6/22/2015

Dry Well

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

Duration. The time period of a rainfall event.

Effective on: 8/12/2024

Erodibility Index (EI)

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

Effective on: 8/12/2024

Erosion

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:

A.
Accelerated Erosion. Erosion much more rapid than normal or geologic erosion, primarily as a result of the activities of man.
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.
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.
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).
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.
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

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

Effective on: 8/12/2024

Erosion and Sediment Control System

Effective on: 6/22/2015

Existing Construction.

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.

Flood.

Effective on: 1/1/1901

Flood Boundary and Floodway Map (FBFM).

Effective on: 1/1/1901

Flood Insurance Rate Map (FIRM).

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).

Effective on: 1/1/1901

Flood Prone Area

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)

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

Footing Drain

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.

Effective on: 1/1/1901

Fringe.

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

Effective on: 1/1/1901

Garbage

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.

Habitat

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

Effective on: 1/1/1901

Individual Building Lot

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

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

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

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

Effective on: 8/12/2024

Inlet

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

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

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

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

Effective on: 8/12/2024

Letter of Final Determination (LFD)

Effective on: 1/1/1901

Letter of Map Change (LOMC)

Manhole

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.

Effective on: 1/1/1901

Manufactured Home Park or Subdivision.

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

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)

Effective on: 6/22/2015

Natural Drainage

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.

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.

Effective on: 1/1/1901

North American Vertical Datum of 1988 (NAVD 88).

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)

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.

Effective on: 1/1/1901

Offense

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

Effective on: 8/12/2024

One-Hundred Year Flood (100-Year Flood).

Effective on: 1/1/1901

One-Percent Annual Chance Flood

Effective on: 6/22/2015

Open Drain

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

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

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

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

Effective on: 6/22/2015

Effective on: 8/12/2024

Pervious

Pervious. Allowing movement of water.

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

Effective on: 8/12/2024

Physical Map Revision. (PMR).

Effective on: 1/1/1901

Point Source

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

Effective on: 8/12/2024

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

Effective on: 8/12/2024

Public Safety and Nuisance.

Effective on: 1/1/1901

Rain Garden

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

Regulated Drain

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.

Effective on: 1/1/1901

Release Rate

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

Effective on: 6/22/2015

Repetitive Loss.

Effective on: 1/1/1901

Reservoir

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

Effective on: 8/12/2024

Retention

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

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

Effective on: 8/12/2024

Retention Facility

Effective on: 6/22/2015

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

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

Effective on: 8/12/2024

Section 1316.

Effective on: 1/1/1901

Sediment

Effective on: 6/22/2015

Sedimentation

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

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

A.
Providing habitat for threatened or endangered species,
B.
Usage as a public water supply intake,
C.
Relevant community value,
D.
Usage for full body contact recreation,
E.
exceptional use classification as found in 327 IAC 2-1-11(b),
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

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

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.
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

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

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).

Effective on: 1/1/1901

Spill

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

Stormwater Pollution Prevention Plan

Effective on: 6/22/2015

Temporary Stabilization

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

Effective on: 8/12/2024

Tile Drain

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

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.

Effective on: 1/1/1901

Vegetated Swale

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

Effective on: 1/1/1901

Waterbody

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.

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

Effective on: 8/12/2024

Watershed

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

Effective on: 8/12/2024

Watershed Area

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

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

Effective on: 8/12/2024

Weir

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

Effective on: 6/22/2015

X Zone.

Effective on: 1/1/1901

Zone.

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.

Zone A. See definition for A ZONE.

Effective on: 1/1/1901

Zone B, C, AND X.

Effective on: 1/1/1901