SECTION 2

DEFINITIONS AND RULES OF CONSTRUCTION

A.      Interpretation of Terms or Words

The language of this Ordinance shall be interpreted in accordance with the following regulations:

1.    The word "person" includes a firm, association, organization, partnership, trust, limited liability company, corporation, or other legal entity, as well as an individual;

2.    The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular, in each case, if the context so requires;

3.      The word "shall" is mandatory, the word "may" is permissive;

4.    The words "used" or "occupied" include the words "intended", "designed", "constructed", "altered",_ or "arranged" to be used or occupied;

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

6.    Where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and", "or", or "ether ... or", the conjunction shall be interpreted as follows:

a.      "And" indicates that all the connected items, conditions, provisions or events shall apply.

b.      "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

c.      "Either ... or" indicates that all the connected items, conditions, provisions or events shall apply singly but not in combination.

7.    The terms "more intensive district" and "less intensive district" are terms used herein to describe relationships between particular zoning districts based on the permitted uses within each district.

a.      "More restrictive district', shall be synonymous with the term "less intensive district: and the term "less restrictive district" shall be synonymous with the term "more intensive district".

b.      A "more intense district" shall mean one which permits more uses or the same uses at a greater density, progressing from Agricultural, to Residential, to Business, to industrial districts, in the sequence listed within each group of districts from least intensive to the most intensive.

B.                Definitions.

The following terms or words used in the text o£ this. Ordinance shall have the following Meanings,, unless a contrary meaning is (i) required by the context of a particular sentence or phrase or (ii) specifically prescribed in a particular sentence or phrase:

ABANDONMENT: The voluntary and intentional relinquishment of the owner's known right

ACCESSORY: Any use, building, structure or improvement which is conducted and operated in conjunction with a principal use and which:

(i)   constitutes only a clearly incidental or clearly insubstantial part of the total activity that takes place on a lot; or

(ii)  is commonly associated and integrally related with the principal use.

ADULT BOOKSTORE: An establishment having as a substantial or significant portion of its stock in trade books, magazines, publications, tapes, or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.

AGRICULTURE or AGRICULTURAL OPERATIONS: An operation which consists of the following uses, individually or in combination: the production of grain or livestock; stables; forest or tree production; pasture; setting aside land in a government set-aside reserve program; a farmstead; dwellings for caregivers, care receivers or caretakers; uses accessory to agricultural operations on the site; or, uses accessory to agricultural operations in the area.

ALLEY: A public right-of-way, other than a street, road, or easement, designed to provide a secondary means of access for the special accommodation of abutting property.

AIRPORT: A place where aircraft can land and take off, usually equipped with hangers, facilities for refueling and repair, and various accommodations for passengers.

AIRPORT AUTHORITY: The Hulman Regional Airport Authority.

AIRPORT CONICAL SURFACE AREA: The land area-designated as "Airport Conical Surface Area", on the Airspace Overlay District Zoning Map, beginning at the periphery of the Horizontal Surface Area and thence extending outwardly a distance of four thousand (4,000) feet -- said Conical Surface Area not including, however, the Precision Instrument and Non-Precision Instrument and Visual Approach Surface Areas and Transitional Surface Area.

AIRPORT HORIZONTAL SURFACE AREA: The land area designated as "Airport Horizontal Surface Area, on the Airspace Overlay District Zoning Map, the perimeter of which is determined by projecting arcs from the center of the inner line of each Precision Instrument, Non-Precision Instrument, and Visual Approach Surface Area, the dimension of said arcs for Precision Instrument Approach and Non-Precision Instrument Approach Surface Areas being ten thousand (10,000) feet and the dimension of said arcs for Visual Approach Surface Areas being five thousand (5,000) feet and connecting adjacent areas by lines tangent thereto -- not including, however, as a part of the Horizontal Surface Area, the Precision Instrument, Non-Precision Instrument and Visual Approach Surface Areas and Transitional Surface Area. When a five thousand (5,000) foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.

AIRPORT PRECISION INSTRUMENT APPROACH SURFACE AREAS: The land area designated as "Airport Instrument Approach Surface Area" on the Airspace Overlay District Zoning map, located at the end of any runway served by a precision instrument approach for landings and takeoffs -- said Surface area having a width of one thousand (1,000) feet at a horizontal distance of two hundred (200) feet beyond the end of the runway and widening thereafter uniformly to a width of sixteen thousand (16,000) feet at a horizontal distance of fifty thousand two hundred (50,200) feet beyond the end of the runway, its centerline being the continuation of the runway centerline.

AIRPORT NON-PRECISION INSTRUMENT APPROACH SURFACE AREA: "the land area designated as "Airport Non-Precision Instrument Approach Surface Area" on the Airspace Overlay District Zoning Map, located at the end of any runway served by a non-precision instrument approach for landings and take-offs, said Surface Area having a width of five hundred (500) feet at a horizontal distance of two hundred (200) feet beyond the end of the runway and widening thereafter uniformly to a width of three thousand five hundred (3,500) feet at a horizontal distance of ten thousand two hundred (10,200) feet beyond the end of the runway, its centerline being the continuation of the runway centerline.

AIRPORT VISUAL APPROACH SURFACE AREA: The land area designed as "Airport Visual Approach Surface Area" on the Airspace Overlay District Zoning Map, located at the end of any :runway without an instrument approach for landings and take-offs -- said Surface Area having a width of five hundred (500) feet at a horizontal distance of two hundred (200) feet beyond the end of the runway and widening thereafter uniformly to a width of one thousand five hundred (1,500) feet at a horizontal distance of five thousand two hundred (5,200) feet beyond the end of the runway, its centerline being the continuation of the runway centerline.

AIRPORT LANDING AREA: The area of the Airport used for the landing, take-off or taxiing of aircraft.

AIRPORT TRANSITIONAL SURFACE AREA: The land area designated as "Airport Transitional Surface Area" on the Airspace Overlay Zoning Map, located adjacent to each precision instrument, non-precision instrument, and visual runway, symmetrically on each side of such runway -- said Surface Area extending outward as indicated on the Airspace Overlay Zoning Map from a line five hundred (500) feet on either side of the centerline of a precision instrument runway plus two hundred (200) feet at each end thereof, to the inner line of the Horizontal Surface Area and from a line two hundred fifty (250) feet on either side of the centerline of a non-precision instrument or visual runway, for the length of such runway plus two hundred (200) feet at each end thereof, to the inner line of the Horizontal Surface Area; further symmetrically located adjacent to each Precision Instrument, Non-Precision Instrument, and Visual Runway Approach Surface Area, on each side thereof, having variable widths, as indicated on the Airspace Overlay Zoning Map, and extending the entice length of said Approach Surface Areas to their intersection with the outer line of the Conical Surface Area; and further located beyond said points of intersection, beginning at the outer lines of all. Precision Instrument Approach Surface Areas and extend a horizontal distance of fire thousand (5,000) feet therefrom, measured at right angles to the continuation of the runway centerline, as indicated on the Airspace Overlay Zoning Map. The width prescribed in this definition shall be that width prescribed for the most precise approach existing or planned either end of that runway.

AIRSPACE HAZARD: Any structure, tree, object or use of land which obstructs the airspace or is otherwise hazardous to the flight of aircraft in landing or taking-off at a publicly owned, public use airport as determined to constitute an "airspace" or "airport" hazard either by the Federal Aviation Administration, the Indiana Department of Transportation, Aeronautics Section or Hulman Regional Airport Authority.

APARTMENT HOUSE: See Dwelling, Multifamily.

APARTMENT HOTEL: An apartment      house which "furnishes additional services ordinarily furnished by hotels; buts where the services furnished are for its tenants by previous arrangements, and not for transients.

AUTOMOBILE OR TRAILER SALES AREA: An open area other than a street, used for the display, sale or rental of new or-used motor vehicles, trailers or mobile homes, in a commonly accepted state of repair and appearance. All repair work is to be done inside a building.

AUTOMOBILE SERVICE STATION: Any land, building, or premises used for the sale at retail of motor vehicle fuels, oils, or accessories, or for the servicing or lubricating of motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacing of motors, bodies, or fenders of motor vehicles, or painting motor vehicles and excluding public garages.

AUTOMOBILE WRECKING:      The dismantling or disassembling of used motor vehicles tar trailers;      or the storage, sale, or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles, or their parts.

BASEMENT: A story whose floor is more than twelve (12) inches, but not more than one-half (1/2) of its story height below the average level of the adjoining ground.

BED AND BREAKFAST: Overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation.

BILLBOARD:  See Sign, Advertising.

BOARD: The Area Board of Zoning Appeals or the division of said Board with the appropriate jurisdiction.

BOARDING HOUSE (LODGING HOUSE): Any dwelling other than a hotel or motel, where meals or lodging and meals for compensation are provided for not less than five (5) or more than twenty (20) persons by prearrangement for a definite period of time.

BUFFER STRIP: Open space, landscaped area, fence, wall, berm or any combination thereof used to physically separate or screen one user or property from another so as to visually shield or block noise, lights, or other nuisances.

BUFFER YARD. See Yard, Buffer.

BUILDING: Any structure built for the support, shelter, or enclosure of persons, animals, chattels, or-movable property, of any kind and which .is permanently affixed to the land

BUILDING HEIGHT: The vertical distance, measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest point of the roof, fox a. flat roof, to the deck line for a mansard roof and to the mean height level (between eaves and the ridge) for gable and hip roofs. Whenever a building is located upon a terrace or slope, height may be measured from the average height grade level of the building wall.

BUILDING LINE: A line beyond which the principal building and its accessory buildings may not project, except as otherwise stated in this ordinance.

BUILDING, PRINCIPAL: A building which contains the principal use of the building site on which it is located.

BULK REGULATIONS: Standards and controls that establish the maximum size of buildings and structures on a lot and the buildable area within which the building can be located, including coverage, setbacks, height, floor area ratio, and yard requirements.

CAMP (PUBLIC): Any area or tract of land used or designated to accommodate two (2) or more automobiles, campers, house trailers, or two (2) or more camping parties, including cabins, tents or other camping outfits.

CERTIFICATE OF USE AND OCCUPANCY: A certificate issued prior to, and authorizing the use and/or occupancy of, all building or land uses, and states that the building or land use meets all requirements of this ordinance and the building code, subject to any special provisions that may prevail. The certificate of use and occupancy shall be issued by respective building inspection departments and the Director shall keep copies of all the certificates of use of occupancy.

CHILD CARE: A service that provides for the care, health, safety, and supervision of a child's social, emotional, and educational growth. (For reference see Indiana Code 12-7-2.)

CHILD CARE CENTER: A building where at least seventeen (17) children receive child care from a provider:

(a)      while unattended by a parent, legal guardian, or custodian;

(b)      for regular compensation; and,

(c)   for more than four (4) hours but less than twenty-four (24) hours in each of ten (10) consecutive days per year, excluding intervening Saturdays, Sundays, and holidays.

This term also applies to a building where child care is provided to less than seventeen (17) children if the provider has applied for a license under Indiana Code 12-17.2-4 and meets the requirements under Indiana Code 12-17.2-4. (For reference see Indiana Code 12-7-2.)

CHILD CARE HOME: A residential structure in which at least six (6) children (not including the children for whom the provider is a parent,. stepparent, guardian, custodian, or other relative) at any time receive child care from a provider:

(a)      while unattended by a parent, legal guardian, or custodian;

(b)      for regular compensation; and,

(c)   for more than four (4) hours but less than twenty-four (24) hours in each of ten (10) consecutive days per year, excluding intervening Saturdays; Sundays, and holidays.

This term includes a Class I child care home (that serves any combination of full-time and part-time children, not to exceed twelve (12) at any one (1) time) and a Class II child care home (that serves more than twelve (12) children but no more than any combination of sixteen (16) full-time and part-time children at any one (1) time. (For reference see Indiana Code 12-7-2.)

CHILD CARE MINISTRY: A child care operated by a church or religious ministry that is a religious organization exempt from federal income taxation under Section 501 of the Internal Revenue Code. (For reference see Indiana Code 12-7-2.)

CHILD CARING INSTITUTION:

(a)      A residential facility:

(1)      that provides child care on a twenty-four (24) hour basis for more than ten (10) children; or

(2)      with a capacity of not more than ten (10) children that does not meet the residential structure requirements of a group home; or

(b)      An institution that:

(1)      operates under a license issued under Indiana Code 12-17.4;

(2)      provides for delivery of mental health services that are appropriate to the needs of the individual; and,

(3)      complies with the rules adopted under Indiana Code 4-22-2 by the division of family and children. (For reference see Indiana Code 12-7-2.)

CLINIC: An establishment where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together.

CLUB OR LODGE: Buildings and facilities owned or operated by a corporation, association, person or persons for a fraternal, veteran, social, educational or recreational purpose, but not primarily for profit, which inures to any individual, and not primarily to render a service which is customarily carried on as a business.

COMMERCIAL: Engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise, or services, or a maintenance or operation of offices or recreational, or amusement enterprises, but does not include material yards, junk yards, or railroad yards.

      COMMISSION: The Area Plan Commission of Vigo County.

COMPREHENSIVE PLAN: The Comprehensive Plan for Vigo County as the same may be amended, modified, replaced or superseded from time to time.

CONDOMINIUM: The division of building and the related land into horizontal property interest meeting the requirements of and controlled by Indiana statutes for condominiums. (For reference see Indiana Code 32-1-6.)

CONVENIENCE MARKET. A retail establishment selling a limited number of food items, such as sandwiches; snacks, staple groceries, household items, lottery tickets and food items prepared on the premises, including reheating, which can be immediately consumed. Such establishments may also provide a facility where gasoline and other motor fuels are stored and subsequently dispensed by use of fixed. approved dispensing equipment by customers of the establishment on a self-service basis.

COUNTY COMMISSIONERS: The Board of Commissioners of the County of Vigo, Indiana.

DAY-NIGHT SOUND LEVEL (DNL) : A cumulative aircraft noise index that estimates the exposure to aircraft noise and relates the estimated exposure to an expected community response. The day-night sound level noise metric assess a 10 dB penalty to all noise events occurring between 10:00 p.m. anal 7:00 a.m.

DIRECTOR: The Executive Director of the Vigo County Area Planning Department or its designated representative.

DISTRICT: A section or sections of the jurisdiction of the "Commission" for which the requirements governing the use-of buildings and premises, the bulk of buildings, the size of yards, the requirements of off-street parking and loading and the intensity of use are uniform.

DNL CONTOUR: A line linking together a series of points of equal cumulative noise exposure based on the DNL metric. Such contours are developed based on aircraft flight patterns, number of daily aircraft operations by type of aircraft and time of day, noise characteristics of each aircraft, and typical runway usage patterns.

DORMITORY: A building arranged and used for housing individuals, with common toilet and bath facilities, and not having individual cooking facilities.

DRIVEWAY. Access for vehicular movement to egress/ingress through a minimum front yard or minimum front buffer yard, extending to the right-of-way line of a private or public street.

DRIVEWAY, INTERNAL. Access for vehicular movement to egress/ingress through a minimum side yard or minimum rear yard to connect two (2) or more projects or parcels.

DUPLEX:     See Dwelling, Two-family.

DWELLING: Any building, or portion of a building, which is designed or used primarily for residential purposes, including a single family, two-family and multifamily but not including hotels, boarding houses, lodging houses and tourist dwellings.

DWELLING, CAREGIVER: A second dwelling unit located on a lot in a zoning district which permits only one (1) single family dwelling as a matter of right and which is:

1.    occupied by a family who provides weekly assistance to the family residing in the permitted single family dwelling; and,

2.      approved by the Board through the grant of a Special Exception.

DWELLING, CARERECEIVER: A second dwelling unit located on a lot in a zoning district which permits only one (1) single family dwelling as a matter of right and which is:

1.    occupied by a family who receives weekly assistance from the family residing in the permitted single family dwelling; and,

2.      is approved by the Board through the grant of a Special Exception.

DWELLING, CARETAKER: A dwelling unit occupied by a family who provides weekly grounds maintenance on a lot occupied by an agricultural or business enterprise.

DWELLING, EMERGENCY: A temporary dwelling unit, located on the same lot as a permanent dwelling, which provides shelter while a permanent dwelling which has been damaged or destroyed by fire or other disaster is being repaired or rebuilt.

DWELLING, MANUFACTURED: A dwelling unit which is fabricated in one or more modules at a location other than the home site, by assembly-line type production techniques or by other construction methods unique to an off-site manufacturing process; provided, that each module must bear a label certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standards; and provided further, that each unit must have been built after January 1, 1981, and must have at least 900 square feet of main floor area (exclusive of garages, carports, and open porches).

DWELLING, MOBILE: A movable or portable dwelling unit that: (a) is fabricated in one or more modules at a location other than the home site, by assembly-line type production techniques or by other construction methods unique to an off-site manufacturing process; (b) is designed for occupancy by one family; (c) is erected or located as specified by the Vigo County Building Code; and, (d) was either: (i) constructed prior to June 15, 1976 and bears a seal attached under Indiana Public Law 135, 1971, certifying that it was built in compliance with the standards established by the Indiana Administrative Building Council; or, (ii) constructed subsequent to or on June 15, 1976 and bears a seal, certifying that it was built in compliance with the Federal Mobile Home Construction and Safety Standards law.

DWELLING, MODULAR: A dwelling unit which is fabricated in one or more modules at a location other than the home site, by assembly-line type production techniques or by other construction methods unique to an off-site manufacturing process, designed for occupancy by one family unit; provided, that each module must bear the seal certified that it was built in compliance with Indiana Public Law 360; and, provided further, that the unit must have been built in compliance with the CABO One and Two-Family Dwelling Code.

DWELLING, MULTIFAMILY: A building consisting of three (3) or more dwelling units, including condominiums, with varying arrangements of entrances and party walls. Individual kitchen, dining and restroom/bathing facilities shall be provided in each separate dwelling unit.

DWELLING, SINGLE FAMILY: A dwelling unit which maintains a minimum width of twenty-three (23) feet over sixty (60) percent of the length of the structure and is either:

1.    built in compliance with the CABO One and Two-Family Code and the Vigo County Building Code;

2.      a modular dwelling; or,

3.      a manufactured dwelling.

DWELLING, TWO-FAMILY: A building consisting of two (2) dwelling units which may be either attached side by side or one above the other, and each unit having a separate or combined entrance.

DWELLING UNIT: A room or group of rooms designed and equipped exclusively for use as living quarters for only one (1) family and its household employees, including provisions for living, sleeping, cooking, and eating. The term shall include mobile dwellings, modular dwellings and manufactured dwellings but shall not include recreational vehicles.

EASEMENT: A portion or strip of land which is part of a lot or parcel, but which has been reserved for a specific use or for access of persons, utilities or services.

ERECT: Activity of constructing, building, raising, assembling, placing, affixing, attaching, hanging, suspending, creating, or any other way of bringing into being or establishing. In the case of a wall sign, the term erect shall also include the activity of painting.

EXTENDED CARE FACILITY: A long-term facility, or a district part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged, or a governmental medical institution.

FAMILY: A group of individuals not necessarily related by blood, marriage, adoption or guardianship, living together in a dwelling unit as a single house-keeping unit under a common housekeeping management plan based on an intentionally structured relationship, providing organization and stability.

FARMSTEAD: A single family dwelling unit located in association with an agricultural operation and used for residency by the family which owns and operates the agricultural operation, the families household employees or the families farm employees.

FLOOR AREA, GROSS. The number of the square feet of horizontal floor area of a building measured from the exterior faces of the exterior walls or from the center line of walls separating two abutting buildings.

FRONTAGE: See Lot Frontage.

GARAGE, MUNICIPAL: A structure owned or operated by a municipality and used primarily for the parking and staring of vehicles owned by the general public.

GARAGE, PRIVATE: A structure that is accessory to a residential building, and that is used for the parking and storage of vehicles owned and operated by the residents thereof, and that is not a separate commercial enterprise available to the general. public

GARAGE, PUBLIC: A structure, or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.

GARAGE SALE: See Yard Sale.

GRADE, ESTABLISHED: The average level of the finished surface of the ground for buildings more than five (5) feet from a street line. For buildings closer than five (5) feet to a street line, the grade is the sidewalk elevation at the center of the building. If there is more than one (1) street, the average sidewalk grade is to be used. If there is no sidewalk, the City Engineer shall establish the sidewalk grade.

HOME OCCUPATION: An occupation or business activity carried on within a legally established dwelling unit by a resident of said dwelling, where the occupation or business activity:

(a)      is clearly incidental and subordinate to the residential use;

(b)   does not alter the interior or exterior residential character of the dwelling unit;

(c)   is conducted primarily within the dwelling unit in which the operator actually makes his/her legal and. primary place of residence;

(d)      does not include any outdoor storage or activities

other than receipt or delivery associated with the business activity; and,

(e)   does not employ anyone on-site other than the operator or other legal residents of the dwelling unit.

HOTEL: A facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms, entertainment and recreational facilities.

IMPROVEMENT LOCATION PERMIT: A permit stating that the proposed erection, construction, enlargement, or moving of a building and land use referred to therein complies with the provisions of this Ordinance.

INOPERABLE MOTOR VEHICLE: Any automobile, truck; semitrailer, school bus or recreational vehicle, that lacks a motor, drive train, wheels, axles or transmissions; also a vehicle which does not carry a current year state registration or license tag.

INSTITUTIONAL USE: A non-profit, religious or public use, such as a church, library, public or private school, hospital, or government owned or operated building, structure, or land used for public purpose.

INTEGRATED CENTER: An area of development (commercial, industrial, or any combination of commercial, industrial and residential uses) of one or more lots, comprised of:

(a)   Two or more individual, non-related and separately operated uses in one building sharing common site facilities;

(b)   One or more buildings containing non--related and separately operated uses occupying a common site, which utilizes one or a combination of common site facilities, such as driveway entrances, parking areas, driving lanes, maintenance and similar common services; or,

(c)   One or more buildings containing non-related and separately operated uses occupying individual sites, which are interrelated by the utilization on one or a combination of common facilities, such as driveway entrances, internal public or private street network developed in accordance with an approved plat, parking areas, maintenance or other services.

JUNK YARD:      Any place at which personal property is or may be salvaged for reuse, resale, or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled, or assorted, including but not limited to, used or salvaged base metal or metals, their compounds or

combinations, used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property except animal matter; and used motor vehicles, machinery or equipment which does not carry a current, valid license, and is used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.

KENNELS: The use of land or buildings for the purpose of selling, breeding, boarding or training animals other than farm animals, or the keeping of four (4) or more dogs over four (4) months of age, or keeping six (6) or more cats over four (4) months of age, or the keeping of more than five (5) dogs and cats.

LEGALLY ESTABLISHED LOT: A lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of this Ordinance.

LEGALLY ESTABLISHED NONCONFORMING BUILDING OR STRUCTURE: Any continuous, lawfully established building or structure erected or constructed (a) prior to the time of adoption, revision or amendment of the zoning ordinance, but which fails by reason of such adoption, revision, amendment to conform to the present requirements of the zoning district, or (b) pursuant to a granted variance of the zoning ordinance.

LEGALLY ESTABLISHED NONCONFORMING USE: Any continuous, lawful land use having commenced (a) prior to the time of adoption, revision or amendment of the zoning ordinance, but which fails by reason of such adoption, revision, amendment, to conform to the present requirements of the zoning district, or (b) pursuant to a granted variance.

LOT: A piece, parcel, plot or tract of land designated by its owner or developer to be used, developed or built upon as a unit under single ownership or control and may consist of: (a) a single lot of record; (b) a portion of a lot of record; or (c) a combination of complete lots of record, or complete lots o£ record and portions of lots of record, or of portions of lots of record. A lot may or may not coincide with a lot of record.

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

LOT, CORNER: A lot abutting upon the intersection of two (2) or more streets which form an interior angle of less than one hundred thirty-five (135) degrees. The point of intersection of the street lot lines is the corner.

LOT FRONTAGE: The line of contact of an abutting property with the street right-of-way along a front lot line which allows unobstructed, direct access to the property.

LOT, INTERIOR: A lot with frontage on one (1) side only.

LOT LINES:

a.      Front: the boundary of a lot along a right-of-way.

b.    Interior: the boundary of a lot which is in common with two (2) other interior lots fronting on the same right-of-way. For corner lots, that lot line which is in common with said corner lot and another corner lot or an interior lot fronting the same right-of-way.

      C.      Alley:  the boundary of a lot line along an alley.

d.    Rear: the boundary of a lot which is neither a front lot line, an interior lot line, nor an alley lot line.

LOT WIDTH: The full width of a lot measured along the required front setback line.

MAIN FLOOR AREA: The area of a horizontal plane of the floor surface at or above grade level which is fully enclosed by the exterior walls, or the center line(s) of party walls separating such buildings or portions thereof, of the primary building or structure exclusive of decks, garages, exterior open balconies, open porches, and all areas with a vertical height clearance of less than seventy-eight (78) inches.

MANUFACTURING (INDUSTRY): Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as lubricating oils, plastics, resins, or liquors.

MINING: The extraction of minerals, including solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gas.

MOBILE ROME LOT: Apiece of land, the location, shape and size of which have been established in an approved mobile home park plan, to be rented or sold for occupancy by a mobile dwelling.

MOBILE HOME PARK: A site containing spaces with required improvements and utilities that are leased for the long-term placement of mobile dwellings or manufactured dwellings, and that may include services and facilities for the residents. Mobile Home Parks are licensed by the State Hoard of Health.

MOTEL: An establishment consisting of a group of attached living or sleeping unit accommodations, with bathroom and closet space for each unit, located on a single lot, and designed for use by transient automobile tourists.

NAVIGABLE AIRSPACE: The airspace above the minimum altitudes of flight prescribed by regulations issued under the Federal Aviation Act of 1958, Section 101(24) 49 United States Code 1301, including the airspace needed to ensure safety in the take-off and landing of aircraft.

NET SITE AREA: The buildable area of a lot contained inside of and entirely enclosed by building lines. In all cases, the net site area is less than the lot area.

NONCONFORMING STRUCTURE: A structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment to this ordinance but that fails by reason of such adoption, revision, ox amendment to conform to the present requirements of this ordinance.

NONCONFORMING USE: A use or activity that was lawful prior to the adoption, revision or amendment of this Ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of this ordinance.

NON-PRECISION INSTRUMENT RUNWAY: A runway equipped, or to be equipped with, electronic or visual air navigation aids adequate to permit the landing of aircraft under restricted visibility conditions providing horizontal distance guidance to the aircraft.

NUISANCE: Any use inconsistent with the public comfort, convenience, enjoyment, health, safety, and general welfare. The following factors are to be considered in making the determination thereof:

a.                Fire and explosion hazards;

b.      Electrical and radioactive disturbances;

c.      Noise and vibration;

d.      Dust, dirt, flying ashes;

e.       Glare;

      f.      Smoke and odors;

g.      Unsanitary conditions attractive to vermin or fostering

            the spread of disease.

OFF-STREET LOADING: Designated areas located adjacent. to buildings where trucks may load and unload cargo. Site design should provide adequate buffer from residential areas due to nature of the noisy machinery required to be kept running while loading and unloading throughout the night and/or early morning.

OFF-STREET PARKING SPACE: A temporary storage area for a motor vehicle that is directly accessible to an access aisle, and that is not located on a dedicated street right-of-way.

OFFICE BUILDING: A building used primarily for conducting the affairs of a business, profession, service, industry, government, or like activity, and may include accessory uses for office workers, such as a restaurant, coffee shop, newspaper or candy stand, and child-care facilities.

PARKING AREA. An area of paving, not including driveways or internal driveways, intended for the temporary storage o£ automotive vehicles including parking spaces and the area of access for the egress/ingress of the automotive vehicles to and from the actual parking space.

PERMITTED USE: Any use allowed in a district and subject to the restrictions applicable to that district.

PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind.

PRECISION INSTRUMENT RUNWAY: A runway equipped, or to be equipped with,, electronic or visual air navigation aids adequate to permit the landing of aircraft under restricted visibility conditions providing vertical distance and horizontal distance guidance to the aircraft.

PRINCIPAL USE: The primary or predominant use of any lot or parcel.

PROHIBITED USE: A use that is riot expressly permitted in a district.

PLANNED UNIT DEVELOPMENT: An area of a minimum contiguous size, as specified by the ordinance, to be planned, developed, operated, and maintained as a single entity and containing one or more residential clusters or planned unit residential developments and one or more public,

quasi-public, commercial, or industrial areas in such ranges or ratios of nonresidential uses to residential uses as specified in the ordinance.

PUBLICLY OWNED, PUBLIC USE AIRPORT: An airport owned by a public entity available for use by the public, designated as a "Publicly Owned, Public Use Airport" on the Airspace Overlay Zoning Map, for which an Airspace Overlay District is established by this Ordinance.

RAILROAD RIGHT-OF-WAY: A strip of land with tracks and auxiliary facilities for tract operation, but not including freight depots or stations, loading platforms, train or motor car sheds, warehouses car or locomotive shops, or car yards.

RECREATION:

a.    Commercial: Recreation facilities operated as a business, and open to the public for a fee.

b.    Private non-commercial: Clubs or recreation facilities operated by a non-profit organization, open only to its members.

c.    Outdoor: Any activity normally conducted outdoors, including swimming, tennis, baseball and football, whether conducted outdoors or within an enclosed building-or structure.

d.    Public: Recreation facilities operated by a governmental entity or as a non-profit enterprise by a nonprofit organization, and open to the general public.

RECREATIONAL VEHICLE PARK: Any lot car parcel of land upon which two or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.

RELIGIOUS USE: A land use and all buildings and structures associated therewith devoted primarily to the purpose of divine worship together with reasonably related accessory uses, which are subordinate to and commonly associated with the primary use, which may include but are not limited to educational, instructional, social, residential or child care ministry uses.

RESIDENTIAL FACILITY FOR THE DEVELOPMENTALLY DISABLED: A residential facility established under a program authorized by Indiana Code 12-11-1 which provides residential services for not more than eight (8) developmentally disabled individuals.

RESIDENTIAL FACILITY FOR THE MENTALLY ILL: A residential facility established under a program authorized by Indiana Code 12-22-1-1 which provides residential services for mentally ill individuals.

RIGHT-OF-WAY: Specific and particularly described land, property, or interest therein devoted to and subject to the lawful use, typically as a thoroughfare for passage of pedestrians, vehicles, or utilities, as set forth in a written grant, declaration or conveyance that is recorded in the office of the Vigo County Recorder.

RIGHT-OF-WAY, PUBLIC: Specific and particularly described strip of land, property; or interest therein dedicated to and accepted by the municipality or County to be devoted to and subject to use by the general public for general transportation purposes or conveyance of utilities whether or not in actual fact improved or actually used for such purposes, as set forth in a written grant, declaration or conveyance that is recorded by the office of the Vigo County Recorder.

RIGHT-OF-WAY, PRIVATE: Specific and particularly described strip of privately-held land devoted to and subject to use for general transportation purposes or conveyance of utilities whether or not in actual fact improved or actually used for such purposes, as set forth in a written grant, declaration or conveyance that is recorded by the office of the Vigo County Recorder.

ROOF LINE: The juncture of the roof and perimeter wall of the structure.

RUNWAY: The surface of the airport used for landing and taking-off of aircraft.

SANITARY LANDFILL: An incinerator, a composting facility, a garbage grinding facility, or any other facility that is suitable for solid waste disposal. (For reference see Indiana Code 36-9-30-2.)

SCENIC AREA: Airy public park or area of particular scenic beauty or historical significance designated by or pursuant to local, state, or federal law.

SIGN: Any structure, fixture, placard, announcement, declaration, device, demonstration or insignia used for direction, information, identification or to advertise or promote any business, product, goods, activity, services or interests.

SIGN, ADVERTISING: An off-premise sign which directs attention to any business, profession, product, activity, commodity, or service, that is offered, sold, or manufactured on property or premises other than that upon which the sign is located. Also known as an outdoor advertising sign.

SIGN, AWNING: A building identification sign or graphic printed on or in some fashion attached directly to the material of an awning.

SIGN, CANOPY: Any sign that is part of or attached to a canopy over a door, entrance, or window.

SIGN, CONSTRUCTION: A temporary sign which identifies the construction activity on a property and announces the project, owner or developer, contractor, subcontractor, architect, engineer, funding sources or related information. SIGN, DIRECTIONAL: Any incidental sign which serves solely to designate the location or direction of any place or area located on the same lot.

SIGN, DIRECTORY: An on-premise sign on which the name, title, street number, or use of building is displayed,

SIGN DISPLAY SURFACE: The surface of the sign upon, against, or through which the message of the sign is exhibited.

SIGN, FREESTANDING: A sign that is attached to, erected on or supported by some structure (such as a pole, mast or frame) that is not itself an integral part of or attached to a building or structure whose principal function is something other than the support of a sign.

SIGN, GROUND: Any freestanding sign constructed in or on the ground surface with a maximum height not exceeding four (4) feet above grade.

SIGN, IDENTIFICATION: Any sign which is limited to the name, address and number of a building, institution or person and to the activity carried on in the building or institution, or the occupancy of the person.

SIGN, INCIDENTAL: A sign relating to the lot or use thereof and designated accessory uses, direction, identification, information, construction, or real estate for sale, lease, or rent.

SIGN, MARQUEE: Any building identification sign painted, mounted, constructed or attached in any manner on a marquee.

SIGN, NONCONFORMING: A sign which qualifies as a legally established nonconforming structure.

SIGN, OFF-PREMISE:      See Sign, Advertising.

SIGN, ON-PREMISE: A sign which directs attention to a building, business, product, activity, or service offered on the property on which the sign is located.

SIGN, PARKING AND LOADING: Any incidental sign which serves to designate the location of any parking or loading area on a lot and may include the name of the owner or the establishment for which such parking or loading area it is provided.

SIGN, POLE: Any freestanding sign which has its supportive structures) anchored in the ground and which has the lowest portion of its sign display surface elevated a minimum of ten (10) feet above the grade.

SIGN, PORTABLE: Any sign or sign structure not securely attached to the ground or other permanent structure, or a: sign designed to be transported from place to place, including but not limited to signs transported by means of wheels; a sign attached to A- or T-frames; menu and sandwich board sign; balloon used as a sign, umbrella used for advertising; and, sign attached to or painted on a vehicle parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operation of the business.

SIGN, PYLON: Any freestanding sign anchored in the ground with its sign display surface extending upward from the ground surface and which as a height exceeding four (4) feet above grade.

SIGN, ROOF: Any sign erected on or wholly constructed upon a roof of any building and supported solely on the roof structure.

SIGN STRUCTURE: Any structure including supports, uprights, bracing and framework which supports or is capable of supporting any sign.

SIGN, TALL: Any sign with an overall height in excess of the maximum height of freestanding identification signs in the zoning district in which the sign is located.

SIGN, TEMPORARY: Any sign or sign structure which is not permanently affixed or installed, and is intended to be displayed for limited periods only. Examples of such signs include, but are not limited to the following: real estate, construction, special event, political, garage sale, home improvement/ remodeling, model home and seasonal/holiday signs.

SIGN, WALL: Any sign attached to or erected on a wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall, within eighteen (18) inches of said wall, and containing only one sign display surface.

SIGN, WINDOW: Any sign placed: (i) inside of and within two (2) feet of a window; or, (ii) upon a window, and is intended to be seen from the exterior of the window.

SITE PLAN: The design plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berm, buffers, and screening devices; surrounding development; and, any other information that reasonably may be required in order that an informed decision can be made by the approving authority.

SOLID WASTE: Any garbage, refuse, sludge from a wastewater treatment plant, sludge from a water supply treatment plant, sludge from an, air pollution control facility, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations or from community activities. However, the term "solid waste" does not include

(a)   solid or dissolved material in a domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges, which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act Amendments (33 U.S.C. 1342);

(b)   Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.);

(c)   Manures or crop residues returned to the soil at the point of generation as fertilizers or soil conditioners as part of a total farm operation; or,

(d)   vegetative matter at composting facilities registered under Indiana code 13-7-35. (For reference see Indiana Code 13-7-1.)

SPECIAL EXCEPTION: A use permitted      in a particular zoning district upon showing that such use in a specified location will comply with all the conditions      and standards for the location or operation of the use as     

specified in this ordinance and authorized by the Board.

STREET: Any public or private right-of-way, with the exception of alleys, essentially open to the sky and open and dedicated to the general public for the purposes of vehicular and pedestrian travel affording access to abutting property, whether referred to as a street, lane, road, drive, expressway, arterial, thoroughfare, highway, or any other term commonly applied to a right-of-way for said purposes. A street may be comprised of pavement, shoulders, gutters, curbs, sidewalks, parking space, and similar features.

STREET, PRIVATE: A privately-held right-of-way, with the exception of alleys, essentially open to the sky and open to the general public for the purposes of vehicular and pedestrian travel affording access to abutting property, whether referred to as a street, easement, road, expressway, arterial, thoroughfare, highway, or any other term commonly applied to a right-of-way for said purposes. A private street may be comprised of pavement, shoulders, curbs, sidewalks, parking space, and similar features.

STREET, PUBLIC: A publicly dedicated, accepted and maintained right-of-way, with the exception of alleys, essentially open to the sky and open to the general public for the purposes of vehicular and pedestrian travel affording access to abutting property, whether referred to as a street, lane, road, drive, expressway, arterial, thoroughfare, highway, or any other tern commonly applied to a public right-of-way for said purposes. A public street may be comprised of pavement, shoulders, gutters, curbs, sidewalks, parking space, and similar features.

STRUCTURAL ALTERATION: Any change, including addition thereto, other than incidental repairs, which would prolong the life of the supporting members of a building, such as a bearing wall, column, beam, girder, cribbing, joist, or rafter.

SUBDIVISION: All divisions of a quarter section, tract, or parcel of land into two (2) or more lots, building sites, or other divisions for the purpose, whether immediate or future of sale or building development.

SUBDIVISION CONTROL ORDINANCE: The Subdivision Control Ordinance for the Vigo County Areas.

TEMPORARY USE, BUILDING OR STRUCTURE: A use, building or structure which is: (i) established for a fixed-period of time, not exceeding eighteen (18) consecutive months in duration or eighteen (18) months in the aggregate during any thirty-six (36) month period; (ii) seasonal in nature; or, (iii) providing emergency dwelling needs, and which is consistent and compatible with the purpose, intent and land uses authorized within the zoning district in which such temporary use is located. Upon the cessation of a temporary use or the end of the season for which the use was established, all structures, buildings or debris associated with said temporary use shall be removed from the site.

TRANSFER STATION: A facility where solid waste is transferred from a vehicle or container to another vehicle or container for transportation. The term does not include the following:

(a)   a facility where the solid waste that is transferred has been generated by the facility; or,

(b)      a recycling facility. (For reference see Indiana Code 13-7-1.)

TRAVEL TRAILERS OR CAMPERS: A single-family, independent or dependent, vehicular portable structure built on a chassis, either self-propelled or non-self-propelled, factory designed, constructed, or reconstructed, including appurtenances thereto, to be movable and portable without permanent foundation or skirting. It is less than two hundred forty (240) square feet measured at the floor line, thirty (30) feet or less in length, and eight (8) feet or less in width. A camper is designed for attachment to a truck or utility trailer.

USE: The purpose or activity for which the land, or building thereon, is designed, arranged, or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this ordinance.

VISUAL RUNWAY: A runway other than a precision instrument or non-precision instrument runway.

YARD: An open space on a lot which is unoccupied and unobstructed from its lowest level to the sky and extends along a lot line and at right angles to such lot line to a depth or width specified in the district in which such lot is located.

YARD, BUFFER. That portion of any yard abutting a Residential District having a minimum depth as required by the particular zoning district in which it is located and acting as a buffer between two or more land uses of different intensity.

YARD, MINIMUM. That portion of any front, side or rear yard abutting a lot line having a minimum depth as required by the particular zoning district in which it is located.

ZONE: (See District)

YARD SALE: A public or private sale conducted by the owner or occupier of a premise, and conducted within a residence, garage, other accessory buildings or outside thereof, which sale is of six or more items of personal property owned or in the possession of the owner or occupier of the premises, which personal property was not acquired by the owner or occupier for the purpose of resale.

ZONE MAP: A map showing the jurisdictional limits and area of the commission and dividing the land into various districts.