The following terms, unless a contrary meaning is required by the context or specifically otherwise prescribed, shall have the following meaning:
Accessory Living Quarters -- Living quarters within an accessory building for the sole use of persons employed on the premises; such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling.
Accessory Use
(a) A building or use subordinate to another structure or use located on the same lot and which does not change or alter the character of the premises.
(b) Public utility communication, electric, gas, water and sewer lines, their Supports and incidental equipment.
(c) Where a substantial part of the wall of an accessory building is a part of the wall of the main building, or where an accessory building is attached to the main building in a substantial manner as by a roof, such accessory building shall be counted as part of the main building.
Agricultural Building or Structure -- A building or structure designed primarily for agricultural purposes in which the majority of the structure is used for the storage of crops and/or materials used in the preparation thereof, or for storage, protection and maintenance of farm machinery and equipment, or for the housing or preparation of livestock or poultry for marketing, all primarily for the use of the owner or occupant.
Agricultural Land Uses -- The use of land for agricultural purposes including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce; however, the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.
Alley -- Right-of-way other than a street, road, crosswalk or easement designed for the special accommodation of the property it reaches.
Amortization -- The process of discontinuing nonconforming land uses, as determined by the zoning map of the Allen County Plan Commission's jurisdictional area, dated February 2, 1960.
Animal Hospital -- A medical facility for the treatment of household domestic animals and pets that is operated by, or wherein the treatment is under the direct supervision of a veterinarian licensed to practice by the State of Indiana. For purposes of this Ordinance a Veterinarian Clinic shall also be considered an animal hospital.
Board -- The Advisory Board of Zoning Appeals of the County of Allen, Indiana.
Building -- A structure having a roof supported by columns or walls designed, built or used for the enclosure, shelter or protection of persons, animals, chattels or property.
Building, Detached -- A building having no structural connection with another building.
Building, Main -- A building constituting the principal use of a lot.
Building, Nonconforming -- A legally existing building which fails to comply with the regulations set forth in this Ordinance applicable to the district in which such building is located.
Building, Semi-Detached -- A main building having one wall in common with an adjacent main building.
Building, Height Of -- The vertical distance measured from the adjoining street center-line grade at a point opposite the principal frontage of the building to the highest point of ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the main height level between the eaves and ridge of a gable, hip, or gambrel roof. Where the buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.
Building Line -- A line with a fixed location parallel to the front street line as determined by the Zoning ordinance or recorded deed restrictions, of which the foundation wall and/or any enclosed porch, vestibule, or other such portion of a building shall not project.
Building Material Demolition -- A site designed for the purpose of disposing of building materials from a demolition site or sites without creating nuisances or hazards to public health, safety, or welfare.
Cemetery -- Land used for the burial of the dead and dedicated for cemetery purposes, including columbiums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.
Certificate of Occupancy -- A certificate issued by the Zoning Administrator stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this Ordinance.
Child Care Home/Center or Day Nursery -- A facility or dwelling which is operated by a person, whether licensed or not, to provide care for or maintenance of four (4) or more children (other than the operator's own family and children of whom the operator is legal guardian and children of the operator's immediate relatives) during a portion of the day for two or more consecutive weeks. For the purpose of this Ordinance, certified public, private, or parochial schools or other educational or religious institutions shall not be constituted as a childcare home or center.
Clinic, Medical or Dental -- A facility organized and operated for the primary purpose of providing health services for out-patient treatment And special study of human sick or injured by three (3) or more licensed physicians and their professional associates practicing medicine together and including laboratories and other related service facilities operated in connection with the clinic.
Condominium -- Real estate that may be defined as a "condominium" under IC 32-1-6-2(a), the Indiana Horizontal Property Law, as the same may be amended from time to time.
Commission -- The Allen County Plan Commission.
Cul-de-sac Street -- A dead-end street that terminates in a circular right-of-way and does not provide more than one access point onto another street, nor act as a collector, or means of access to lots not fronting thereon.
District or Zone -- An area within which there are uniform regulations governing the use, height, area, size and intensity of use of buildings and land and open spaces about buildings.
Drive-In Restaurant -- Any place or premises used for sale, dispensing, or serving of food, refreshment, or beverages, in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises.
Dump, Open -- Any premises or portion thereof used for the disposal or storage of garbage, sewage, trash, refuse, waste material of any kind, junk, discarded machinery, vehicles or parts thereof, offal, dead animals, or hazardous materials by abandonment, discarding, dumping, reduction, burial, incineration, or any means and for whatever purpose which does not conform to the requirements and specifications as set forth in A.C.C. 3-5-2-14.
Dwelling -- Any building, which is wholly or partly used or intended to be used for a residence by human occupants, including but not limited to the use of living, sleeping, cooking, and eating. For purposes of definition of this Ordinance only, temporary housing such as hotels, motels, lodging, recreational vehicles, boarding or tourist homes shall not be regarded as dwellings.
Dwelling, One-Family -- A building used for occupancy by one family.
Dwelling, One-Family, Attached -- That portion of a building used for occupancy by one family living independently of any other family. Each dwelling unit may be attached to no more than one dwelling unit.
Dwelling, Two Family -- A building used for occupancy by two families living independently of each other.
Dwelling, Multiple Family -- A building or portion thereof used for occupancy by three or more families living independently of each other. For purposes of this Ordinance, a condominium structure containing three (3) or more individual dwelling units shall be defined as a multiple family dwelling unit.
Dwelling, Multiple Group -- A group of two (2) or more multiple dwellings occupying a parcel of land in common ownership and having any yard, court, compound or service in common.
Dwelling, Zero Lot Line -- A single family detached dwelling unit placed on the lot so that it is positioned along one or more lot lines.
Easement -- An acquired privilege or right-of-use or enjoyment which one person may have in the land of another.
Easement, Roadway -- A roadway approved by the Commission over private property, which permits a specific and limited use of that thoroughfare to the grantee of the easement.
Easement, Utility and Service -- A portion or strip of land which is part of a lot or parcel but which has been reserved for the specific purpose of utilities and related services.
Educational Institution -- Public, parochial, charitable or nonprofit junior college, college or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees.
Family -- One or more persons living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, nurses home, rooming house, nursing home, fraternity or sorority house. A family shall be deemed to include servants.
Fence -- Any solid structure of two and one-half (2 1/2) feet or more in height that is attached to the ground with the intent of separating two areas in a visual or physical manner.
Flood or Floodwater -- Means the water of any river or stream which is above the bank and/or outside the channel and banks of such river or stream.
Flood Hazard Areas -- Means those flood plains which have not been adequately protected from flooding by the regulatory flood by means of dikes, levees, reservoirs, or other works approved by the State of Indiana and whose lateral extent is or shall be determined from the combined height of the regulatory flood profile together with freeboard. The boundaries of this A-2 District shall be the flood hazard area as determined when required and from time to time and from the best available engineering maps, flood profiles, hydraulic information and the like.
Flood, Regulatory -- Means that flood having a peak discharge which can be expected to be equaled or exceeded on the average of once in a one-hundred-year period, as calculated by a method of procedure which is acceptable to and approved by the Commission. This flood is equivalent to a flood having a probability of occurrence of one percent in any given year.
Flood Profile Regulatory -- Means a longitudinal profile along the thread of a stream showing the maximum water surface elevations attained by the regulatory flood.
Floodway (FW) or Regulatory Floodway -- Means the channel of a river or stream and its adjoining areas as defined and regulated by the State of Indiana, which are those portions of the flood plain adjoining the channel which are reasonably required to efficiently carry and discharge the peak flood flow of the regulatory flood of any river or stream.
Floodway Fringe (FF) -- Means those portions of the flood hazard areas lying outside the floodway.
Flood Protection Grade -- Means the elevation of the lowest point around the perimeter of a building at which floodwater may enter the interior of the building.
Foundation Siding -- A type of wainscoting constructed of fire and weather resistant material enclosing the entire undercarriage of a manufactured home.
Freeboard -- A justifiable additional amount of height above the regulatory flood profile, which is intended to safely determine the flood protection grade.
Garage, Private -- A detached accessory building or a portion of a main building, used for the storage of self-propelled vehicles where the capacity does not exceed three (3) vehicles, or not more than one and one-half (1 1/2) vehicles per family housed in the building to which such garage is accessory, whichever is the greater.
Garage, Public -- Any building or structure other than a private garage, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
Gross Floor Area -- The total floor area of all stories of a building or buildings, measured at the outside foundation. Public or common mall areas, such as an open or covered passageway or concourse providing access to rows of stores, shall be excluded from the definition of gross floor area.
Gross Leasable Floor Area -- The total floor area of a structure designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any; expressed in square feet and measured from outside wall faces.
Hazardous Wastes -- Means any solid or liquid waste with inherent dangers, including but not limited to, toxic chemicals, explosives, pathological wastes, radioactive materials, materials likely to cause fires, liquids, semi-liquids, sludge containing less than thirty percent solids, pesticides, pesticide containers, raw animal manure, septic tank pumping, and raw or digested sewage sludge.
Home Occupation -- A use conducted entirely within a dwelling unit and participated in solely by persons residing in that dwelling, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof or have any exterior evidence other than a sign, as provided for in these regulations, and in connection with which there is no commodity sold upon the premises except that which is produced thereon.
Dancing and band instrument instruction, nursing homes, tea rooms, tourist homes, beauty parlors, animal hospitals kennels, barber shops, automobile repair and body shops, and retail businesses, trade, or sale of items not produced on the premises shall not be considered home occupations.
Home Workshop -- A use conducted entirely within a dwelling, or in an accessory building located on same lot, parcel, or tract of land as a dwelling used for residential purposes, provided the home workshop is clearly incidental and secondary to the use of the property for residential purposes and does not change the character thereof or have any exterior evidence other than a sign, as provided for in these regulations. Home workshop use may include light fabricating, manufacturing or processing activities, or storage facilities, provided that such use does not occupy an area in excess of two-thousand (2,000) square feet of gross floor area. Dancing and band instrument instruction, nursing homes, tea rooms, tourist homes, beauty parlors, animal hospitals, kennels, barber shops, and retail businesses, trade, or sale of items not produced on the premises shall not be considered home workshops.
Hotel -- A structure or portion thereof in which more than five (5) guest rooms are used to provide or offer temporary accommodations for transient guests.
Improvement Location Permit -- A permit issued by the Board of Commissioners of the County of Allen or Its duly authorized representatives stating that the proposed erection, construction, enlargement or moving of a building or structure referred to therein complies with the provisions of this Ordinance.
Incinerator or Incineration Operation -- The controlled combustion of waste materials in conformance with all applicable local, state and federal laws or regulations.
Junk Yard -- Any land or building used for abandonment, storage, keeping, collecting or baling of paper, rags, scrap metals, other scrap or discarded materials or for abandonment, demolition, dismantling, storage, or salvaging of one or more unlicensed automobiles or other vehicles subject to licensing, shall classify the land subject to this use as a "junk yard."
Kennel -- Any premises or portion thereof on which five (5) or more animals of a household domestic species over four (4) months of age are kept, or any premises or portions thereof on which three (3) or more animals of a household domestic species are boarded, groomed, bred, or cared for in return for remuneration, or are kept for the purpose of sale.
Landing Field, Private -- A landing field used solely for the convenience of the owner or lessee of the property, utilizing a sod landing strip, having hangar facilities for not more than two aircraft, with no commercial sales or service establishments located on the property.
Lot -- A parcel of land occupied or to be occupied by a building and its accessory buildings and/or uses or by group dwellings and their accessory buildings, together with such open spaces as are required under the provisions of this Ordinance, having at least the minimum area required by these regulations for a lot in the zone in which such lot is situated and having its principal frontage on a public street or public way or a recorded private easement in a form approved in writing by the Allen County Plan Commission. The term "record lot" means the land designated as a separate and distinct parcel of land on a legally recorded subdivision plat (or in a legally recorded deed) filed in the Office of the Allen County Recorder.
Lot Area, Net -- The total horizontal area included within the area defined by the rear, side, and front lot or proposed front street line. No alley, public way, public land, or area proposed for a future street purpose is included in the net area of a lot.
Lot, Corner -- A lot abutting two (2) or more streets at their intersection, where the interior angle of intersection does not exceed one-hundred-thirty-five (135) degrees.
Lot, Front of -- The side or sides of an interior or through lot which abuts a street; in a corner lot, the front of the lot shall be determined by the owner or developer of the lot.
Lot Width, Minimum; at the Building Line -- The least permissible width of a lot measured horizontally along the front building line.
Lot, Interior -- Any lot, other than a corner lot, including a through lot.
Lot Line -- Lines bounding a lot, as hereinafter described:
(a) Lot Line, Front -- The line running along the front of the lot and separating it from the street. In these regulations, the front lot line is called the "front street line." In a "through lot" both lines abutting the streets are deemed "front street lines."
(b) Lot Line, Rear -- The lot line generally opposite or parallel to the front street line, except in a "through lot." If a rear lot line is less than ten (10) feet long or the lot comes to a point at the rear, said rear lot line is assumed to be a line at least ten (10) feet long, lying wholly within the lot, parallel to the front street line or, parallel to the chord of the arc of said front street line.
(c) Lot Line, Side -- Any lot line other than a front street line or a rear lot line. A side lot line separating the lot from a street is a "side street line."
Lot, Through -- An interior lot that has legal direct access onto two (2) or more streets or roads.
Manufactured Home -- A dwelling unit 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 the Federal Manufactured Housing Construction and Safety Standards Code or Indiana Public Law 360, Acts of 1971. Such a unit shall also meet all of the following conditions:
(a) Contain at least nine-hundred- fifty (950) square feet of occupied space per dwelling unit and is a double-section or multi-section manufactured housing unit;
(b) Be constructed after January 1, 1981;
(c) Be placed onto a permanent under floor foundation installed in conformance with the Indiana One and Two-Family Dwelling Code or the Indiana Uniform Building Code in the case of multi-family dwelling units, and the manufacturers installation specifications;
(d) Be placed onto a permanent perimeter enclosure constructed in accordance with the Indiana One and Two-Family Dwelling Code, or the Indiana Uniform Building Code in case of multi-family dwelling units;
(e) Have wheels, axles and hitch mechanisms removed;
(f) Have siding material of a type customarily used on site-constructed residences;
(g) Have roofing material of type customarily used on-site constructed residences. Roofing material shall be installed in accordance with the manufacturer's specifications.
Master Plan -- The complete plan or any of its parts for the orderly development of the County as prepared by the Commission and adopted in accordance with Chapter 174, Acts of 1947, General Assembly of Indiana, and all acts amendatory thereto, as is now or may hereafter be in effect.
Mobile Home -- A dwelling unit fabricated in an offsite manufacturing facility for installation or assembly at the building site and which is designed to be used as a year-round residential dwelling. A mobile home shall be installed in conformance with the Indiana One and Two-Family Dwelling Code.
Mobile Home Court -- Any tract of ground upon which two or more trailer coaches or mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether or not a charge is made for such accommodation.
Motel -- A series of attached, semi-detached or detached dwellings containing bedroom, bathroom and closet space, where each unit has convenient access to a parking space for the use of the unit's occupants. With the exception of the apartment of the manager or caretaker, the units are built for and devoted to the use of automobile transients. The site of the motel has direct and convenient access to a main traveled road.
Motor Vehicles -- Shall include automobiles, trucks, tractors, trailers, semi-trailers, bicycles, motorcycles, scooters, airplanes, buses, and farm implements whether self-propelled or designed to be pulled, pushed or carried by another motor vehicle.
Motor Vehicle Salvage Yard -- An area of land used for any of the following uses: Storing, wrecking, dismantling, cutting or breaking of motor vehicles and serviceable parts from worthless and useless parts, marketing of the valuable and serviceable parts and disposing of the worthless and useless parts. The storing, wrecking, dismantling, cutting or breaking of one or more unlicensed or expired licensed motor vehicle shall classify the land subject to this use as a "Motor Vehicle Salvage Yard."
Motor Vehicle Storage Area -- Any land used for the outside storage of a motor vehicle, which motor vehicle is not used for transportation purposes on an active, regular and continuing basis, whether or not such motor vehicle is titled, licensed, and/or operable.
Nightclub -- An establishment primarily offering a floor show, dancing, or other entertainment, which may be of an adult nature, and which occurs exclusively within an enclosed structure, where minors are not allowed on the premises, and where food and drink may be provided for on-site consumption. (Amendment Number 943, 7 Aug 1996)
Non-Conforming Use -- A use of a building or of land lawfully existing at the time this and/or previous Zoning Ordinance became effective and which does not conform with regulations of the district in which said use is located.
Occupied Space -- The total area of earth horizontally covered by a manufactured home (as defined herein), excluding accessory appendages such as but not limited to garages, patios, breezeways, and porches.
Parking Area, Public -- An open area available for public use (other than a street or alley) and designed for use or used for the temporary parking of more than four (4) motor vehicles, whether free or for compensation, or as an accommodation for clients or customers.
Parking Space (Off-Street, One) -- A space other than on a street, passageway, or alley designed for use or used for the temporary parking of a motor vehicle, and being not less than nine (9) feet wide and twenty (20) feet long including driveway and garage on private residential property.
Parochial School -- A school maintained by a religious body for either primary or secondary instruction.
Permanent Foundation -- A structural system for transposing loads from a structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of the supporting soil. A permanent foundation must meet the applicable specifications of the Indiana One and Two-Family Dwelling Code.
Permanent Perimeter Enclosure -- A permanent perimeter structure system completely enclosing the space between the floor joists of a manufactured home and the ground. A permanent perimeter enclosure must meet the applicable specifications of the Indiana One and Two-Family Dwelling Code.
Person -- A corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person.
Pool (Private) -- Any constructed pool or portable private pool, used for swimming, wading, or bathing, over twenty-four (24) inches in depth of water or with a top water surface exceeding two-hundred-fifty (250) square feet and which is used for a pool in connection with a family dwelling unit and is available only to the family of the householder and his private guests.
Private School -- Private preprimary, primary, grade, high or preparatory school or academy, not owned by any governmental unit or not owned or conducted by or under the sponsorship of a religious or charitable organization.
Public Water and Sewer -- Systems designed to serve a district, community, municipality or individual development, or portions thereof by a public, quasi-public, or private utility.
Recreation Space, Developed -- Real estate devoted to recreational purposes which contains Commission approved site improvements, including but not limited to shelters, swimming pools, tennis courts, lakes, and playground fixtures among others.
Recreation Space, Undeveloped -- Real estate devoted to recreational purposes which is void of buildings and/or structures and under common ownership by a government and/or private entity for the use and enjoyment of a community of individuals.
Recreational Vehicle -- A device designed for travel, recreational camping or vacation purposes which either has its own motor power or is mounted on or drawn by another vehicle, including but not limited to travel trailers, camping trailers, truck campers, and motor homes.
Refuse Pickup Station -- Those areas wherein facilities are located for the temporary storage of refuse. These areas may serve as convenient collection points for refuse if contained in approved containers and removed to a final disposal site on a regular basis.
Restaurant -- An establishment primarily for the sale of food and drink which is prepared, served, and consumed for the most part within the principal building, and where entertainment may be provided. (Amendment Number 943, 7 Aug 1996)
Riding Stable, Commercial -- Any premise or portions thereof on which horses or other such animals are maintained for the public to ride in return for monetary remuneration or other forms of compensation.
Riding Stable, Private -- Any premise or portions thereof, on which a private club, association, or other private organization maintains horses or other such animals to be ridden exclusively by its membership and guests thereof.
River or Stream -- Shall mean all open channels, whether natural, man-made, or modified by man, which carry or discharge water.
Rooming and/or Boarding House -- A dwelling in which, for compensation lodging and/or meals are furnished regularly to not more than five (5) non-transient guests. Separate cooking facilities are not provided for guests. A rooming and/or boarding house shall not be deemed a hazardous waste.
Sanitary Landfill -- A method of disposing of refuse on land without creating nuisances and hazards to public health, safety, or welfare by utilizing principles of engineering and other practices to confine the refuse to the smallest practical volume covering it with a layer of suitable cover at the conclusion of each day's operation, (or at more frequent intervals as necessary), and is operated in compliance with all requirements and regulations of this Ordinance.
Section (Manufactured Housing) -- A unit of manufactured home at least ten (10) feet in width and thirty (30) feet in length.
Sign -- Any board, device, structure, or part thereof used for advertising, display or publicity purposes. Signs placed or erected by governmental agencies for the purposes of showing street names or traffic directions or regulations for other governmental purposes shall not be included herein.
Site Area, Gross -- The entire land area within the boundaries of a site, including all existing and proposed public and private rights-of-way.
GROSS SITE AREA
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INCLUDES ALL PROPOSED AND EXISTING PUBLIC AND PRIVATE RIGHTS-OF-WAY
Site Area, Net -- The entire land area within the boundaries of a site, excluding all the area of any existing and proposed public and private rights-of-way.
NET SITE AREA
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EXCLUDES ALL PROPOSED AND EXISTING PUBLIC AND PRIVATE RIGHTS-OF-WAY
Specified Anatomical Areas -- This term includes (1) less than completely and opaquely covered: human genitals, public region, buttock and female breast below a point immediately above the top of the areola; and (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered. (Amendment Number ____, 2 May 2001)
Specified Sexual Activities -- Sexual conduct, being actual or simulated, normal or perverted acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact, in an act of apparent sexual simulation or gratification, with a person’s clothed or unclothed genitals, public area or buttocks, or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification. (Amendment Number ____, 2 May 2001)
Staff -- The Zoning Administrator of Allen County, Indiana, and the Executive Director and all employees of the Allen County Plan Commission.
Story -- That portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above it, then the space between any floor and the ceiling next above it; also any portion of a building used for human occupancy between the topmost floor and the roof. A basement shall not be counted as a story unless the height of the surface of the first floor above the average elevation of the finished lot grade at the front of the building exceeds four (4) feet.
Story-Half -- A story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two (2) feet above the floor of such story.
Street -- A street, highway, avenue, boulevard, road, drive, lane, or such other vehicular circulation facility determined by the Commission to be a street, which is established or dedicated for roadway purposes for the benefit of the public, by recorded plat, deed, grant, government authority, or by operation of law-, except that a street may be private if permitted under this Ordinance. (Amendment Number 732, 18 Jan 1989)
Structure -- Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards and poster panels, and pools.
Tavern -- An establishment primarily for the sale or dispensing of liquor by the drink for on-site consumption by the general public, where minors are not allowed on the premises, and where food may be available for on-site consumption and entertainment may be provided on the premises. (Amendment Number 943, 7 Aug 1996)
Tenant House -- As allowed in the A-1 zoning district shall be defined as a single dwelling unit that is used solely by a person or persons employed on the premises. Mobile homes may be considered as tenant houses when used only as defined above.
Territorial Jurisdiction -- That portion of Allen County, Indiana, lying outside of the limits of incorporated towns and cities, with the exceptions as provided in Chapter 174, Acts of 1947, General Assembly of Indiana, and all acts amendatory thereto, as is now or may hereafter be in effect.
Tourist Home -- A building in which one but not more than five (5) guest rooms are used to provide or offer overnight accommodations for transient guests.
Trade or Business School -- Secretarial or Business School or College when not publicly owned or not owned or conducted by or under the sponsorship of a religious, charitable or non-profit organization, or a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering, or hair dressing, drafting or for teaching industrial or technical skills.
Unlicensed Motor Vehicles -- A motor vehicle without proper, current license plates, registration and/or inspection certificate to be lawfully operated on public ways.
Use, Adult -- An establishment consisting of, including, or having the characteristics of any or all of the following: (Amendment Number ____, 2 May 2001)
(a) 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 specified sexual activities or specified anatomical areas. (Amendment Number ____, 2 May 2001)
(b) Adult Nightclub: a nightclub devoted to adult entertainment, presenting material distinguished or characterized by an emphasis on matter depicting’ describing’ or relating to specified sexual activities or specified anatomical area, or, a nightclub that features topless dancers, to-to dancers, strippers, male or female impersonators, or entertainers for observation by patrons. (Amendment Number ____, 2 May 2001)
(c) Adult Mini Motion Picture Theater: an enclosed building with a capacity of less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. (Amendment Number ____, 2 May 2001)
(d) Adult Motion Picture Theater: an enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. (Amendment Number ____, 2 May 2001)
(e) Adult Retail Sales: an enclosed building used for the sale of merchandise other than books, magazines, publications, tapes, or films, where the merchandise itself, or the selling of the merchandise, is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities, or specified anatomical areas.
(f) Sexual Encounter Establishment: an establishment where two or more persons congregate associate, or consort in connection with specified sexual activities or the exposure of specified anatomical area. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in sexual therapy. (Amendment Number ____, 2 May 2001)
Uses -- The employment or occupation of a building, structure or land for a person's service, benefit or enjoyment.
Use, Open -- The use of a lot without a building or including a building incidental to the open use with a ground floor area equal to five (5) percent or less of the area of the lot.
Yard -- A space on the same lot with a main building, open, unoccupied and unobstructed by structures, except as otherwise provided in this Ordinance.
Yard, Front -- A yard extending across the full width of the lot, the depth of which is the least distance between the street right-of-way line and the building line.
Yard, Rear -- A yard extending across the full width of the lot between the rear of the main building and the rear lot line, the depth of which is the least distance between the rear lot line and the rear of such main building.
Yard, Side -- A yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally, at ninety (90) degree angles with the side lot line, from the nearest point of the side lot line to the nearest part of the main building.
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