Chapter 18.05 GENERAL PROVISIONS

(A) This comprehensive zoning ordinance, as proposed and favorably recommended by the municipal plan commission including any and all zoning maps, is incorporated herein by reference and made a part of this code, with two copies on file in the office of the clerk-treasurer and available for public inspection, pursuant to IC 36-1-5-4, and supersedes all previous versions and revisions of the same.

(B) The town reserves the right to amend these regulations, from time to time, to adapt to changing trends, respond to changing conditions in the town, and incorporate new practices in development, safety, and design.

(C) Passage. The Highland plan commission passed with a favorable recommendation the zoning ordinance at its meeting of July 19, 2017. It was certified to the town council on August 16, 2017, adopted as Ordinance No. 1659, on October 9, 2017, by the town council. [Ord. 1659 § 1, 2017].

18.05.020 Title.

This title shall be known and may be cited and referred to as the “zoning ordinance of the town of Highland, Indiana.” [Ord. 1659 § 1, 2017].

Penalty, see HMC 18.120.030.

18.05.030 Purpose and intent.

This title is adopted for the following purposes:

(A) To promote the public health, safety, comfort, morals, convenience, and general public welfare.

(B) To protect the character and the stability of the residential, business, and industrial areas within the town and to promote the orderly and beneficial development of such areas.

(D) To regulate the intensity of use of land and lot areas and to determine the area of open spaces surrounding buildings necessary to provide adequate light and air and to promote the public health.

(E) To lessen or avoid congestion in the public streets.

(F) To provide for the needs of industry, business, and residence in future growth.

(G) To promote healthful surroundings for family life in residential areas.

(H) To fix reasonable standards to which buildings or structures shall conform therein.

(I) To prohibit uses, buildings, or structures which are incompatible with the character of development or the uses allowed within specified zoning districts.

(J) To prevent additions to or alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations imposed hereunder.

(K) To protect against fire, explosion, noxious fumes, and other hazards in the interest of the public health, safety, comfort, and general welfare.

(L) To prevent the overcrowding of land and undue concentration of structures so far as is possible and appropriate in each district by regulating the use and bulk of buildings in relation to the land surrounding them.

(M) To conserve the taxable value of land and buildings throughout the town.

(N) To provide for the gradual elimination of nonconforming uses of land, buildings, and structures which are adversely affecting the character and value of desirable development in each district.

(O) To define and limit the powers and duties of the administrative officers and bodies as provided. [Ord. 1659 § 1, 2017].

18.05.040 Zoning districts – Establishment and application.

(A) Zoning Districts.

(1) In order to carry out the purposes and provisions of this title, the town is hereby divided into zoning districts, as shown on the official zoning map which, together with all explanatory matters thereon, is hereby adopted by reference and made a part of this title:

Table 1 – Zoning Districts
OS	Open space district.
R-1A	Single-family (large lot) residence district.
R-1	Single-family (small lot) residence district.
R-2	Single- and two-family residence district.
R-3	Single-, two- and multiple-family residence district.
PB	Professional business district.
B-1	Neighborhood business district.
B-2	Central business district.
B-3	General business district.
I-1	Light industrial district.
F-1	Floodplain district.
PUD	Planned unit development district.

(2) The official zoning map shall be identified by the signature of the town council president attested by the town clerk-treasurer, and bearing the seal of the town under the following words:

This is to certify that this is the Official Zoning Map referred to in HMC 18.05.040 as amended of the Town of Highland, State of Indiana together with the date of the adoption of this title.

(3) If, in accordance with the provisions of this title and Chapter 174 of the Acts of 1947 as amended, changes are made in district boundaries or other matters shown on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the town council of Highland.

(B) Replacement of Official Zoning Map. In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature and number of changes and additions, the town council may, by resolution, adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map shall be identified by the signature of the town council president, attested by the town clerk-treasurer, and bearing the seal of the town under the following words:

This is to certify that this Official Zoning Map accompanying and adopted with this replacement zoning code as part of Ordinance No. 1659 on July 19, 2017, supersedes and replaces the Official Zoning Map adopted November 19, 1962, as part of Ordinance No. 466, readopted on August 7, 1967, as part of Ordinance No. 544, and replaced and adopted on November 22, 1999 as part of Ordinance 1126 of the Town of Highland, Indiana and to be effective on July 1, 2000.

[Ord. 1659 § 1, 2017].

18.05.050 Rules of interpretation of district boundaries.

Whenever uncertainty exists with respect to the boundaries of the various districts as shown on the official zoning map, the following rules shall apply:

(A) Boundaries indicated as following center lines of streets, highways, alleys, platted lot lines, or town limit lines shall be construed to follow such lines.

(B) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(C) Boundaries indicated as approximately following the center lines of streams or rivers shall be construed to follow such center lines.

(D) Where a zoning district boundary line divides a platted lot of record which was in single ownership at the time of enactment of this title, the board of zoning appeals may, upon petition, extend such zoning district boundary line to include the entire lot of record in one or the other of the zoning districts.

(E) In all other cases of interpretation of district boundaries not covered by the above regulations, final interpretation shall be made by the board of zoning appeals. [Ord. 1659 § 1, 2017].

18.05.060 Interpretation and application – Supplementary district regulation.

(A) Interpretation and Application.

(1) In interpretation and application, the provisions of this title shall be held to be the minimum requirements for promotion of the public health, safety, morals, and welfare.

(2) Severability Clause. Should any section, subsection, paragraph, subparagraph, clause, word, or provision of this title be declared by the courts to be unconstitutional, illegal, or otherwise invalid, such invalidity shall not affect the validity or enforceability of the remaining portions of this title.

(3) Where the conditions imposed by any provisions of this title upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this title or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.

(4) This title is not intended to abrogate any easement, covenant, or any other private agreement; provided, that where the regulations of this title are more restrictive (or impose higher standards or requirements) than such easements, covenants, or other private agreements, the requirements of this title shall govern.

(5) Defined Terms.

(a) For the purpose of these regulations, certain numbers, abbreviations, terms, words, and phrases used herein shall be used, interpreted, and defined as set forth in this chapter. Whenever any words and phrases used herein are not defined herein, they shall be defined as follows:

1. Words and/or phrases that are defined in the state of Indiana statutory provisions regulating the creation and function of various planning agencies shall be deemed to apply to such words and phrases used herein, except when the context otherwise requires.

2. All other words and/or phrases not defined herein shall refer to their generally accepted meaning.

(b) Certain words and phrases used herein shall be further interpreted as follows:

1. The word “person” includes an individual, firm, association, organization, partnership, trust, company, corporation, or any other legal entity.

2. The masculine includes the feminine.

3. The present tense includes the past and future tense.

4. The singular number includes the plural.

5. The word “shall” is a mandatory requirement.

6. The word “may” is a permissive requirement.

7. The word “should” is a preferred requirement.

8. The words “used” or “occupied” shall be construed to include the words “intended, arranged, or designed to be used or occupied.”

(B) Scope of Regulations.

(1) Except as may otherwise be provided in Chapter 18.90 HMC, all buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, and all enlargements of, or additions to, existing uses occurring hereafter shall be subject to all regulations of this title which are applicable to the zoning districts in which such buildings, uses or land shall be located.

(2) However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of the ordinance codified in this title; and provided, that construction is begun within one year of such effective date and diligently prosecuted to completion, such building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued and, further, may upon completion be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of Chapter 18.90 HMC.

(3) No building or structure shall hereafter be erected or altered:

(a) To exceed the height or bulk of applicable district regulations.

(b) To accommodate or house a greater number of families.

(d) To have narrower or smaller yards – either front, rear or side.

(e) To, in any other way, diminish yard requirements.

(f) To diminish, in any other way, the provisions of this title.

(C) Zoning of Annexed Land. All territory which may hereafter be annexed to the town shall be considered to be annexed as it is so zoned at the time of the annexation. All existing special or use variance permits existing for any property to be annexed to the town shall be continued as use variances after annexation. Upon the annexation of any territory to the town, a plan for zoning the area annexed shall be forwarded to the common council by the plan commission.

(D) Access to Public Street. Every principal building hereafter erected shall be on a zoning lot or parcel of land which adjoins a public street or a permanent easement of access to a public street, such easement to be at least 20 feet wide unless a lesser width was duly established and recorded prior to the effective date of the ordinance codified in this title.

(E) Number of Buildings on a Zoning Lot. Except in the case of planned developments, not more than one principal detached residential building shall be located on a zoning lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building.

(F) Accessory Buildings.

(1) Time of Construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

(2) Percentage of Rear Yard Occupied. No accessory building or buildings shall occupy more than 40 percent of the area of a rear yard.

(3) Height of Accessory Buildings in Required Rear Yards. No accessory building or portion thereof located in a required rear yard shall exceed 18 feet in height.

(4) On Reversed Corner Lots. On a reversed corner lot in a residential district, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than the established building line. Further, in the above instance, no such accessory building shall be located within five feet of any part of a rear lot line which coincides with a side lot line or a portion thereof of property in an R-1A, R-1, R-2 or R-3 district.

(5) In Zoning District R-1A, R-1, R-2, or R-3. The summation of the gross floor area of all accessory structures shall not exceed the gross floor area of the principal structure, or 720 square feet, whichever is less.

(6) Accessory Building on Easement Prohibited. No accessory building may overhang or be built or located on a recorded easement.

(7) Accessory Structures in Certain Districts. In R-1A, R-1, R-2, or R-3 zoned districts, accessory structures shall number no more than two, including attached garages.

(8) Small Accessory Buildings. One shed, playhouse, doghouse, and the like, measuring less than 100 square feet shall not be counted as an accessory structure. Subsequent structures of any size shall be considered accessory.

(9) An accessory building may not be erected before the principal building.

(G) Bulk Regulations.

(1) Continued Conformity with Bulk Regulations. The maintenance of yards, courts, and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located as long as the building is in existence. Furthermore, no legally required yards, courts, other open space, or minimum lot area allocated to the building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space, or minimum lot area requirements for any other building.

(2) Division of Zoning Lots. No zoning lot improved with a building or buildings shall hereafter be divided into two or more zoning lots; and no portion of any zoning lot which is improved with a building or buildings shall be sold, unless all zoning lots resulting from each sale and improved with a building or buildings shall conform with all bulk regulations of the zoning district in which the property is located.

(3) Location of Required Open Space. All yards, courts, and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.

(4) Required Yards for Existing Buildings. No yards now or hereafter provided for a building existing on the effective date of the ordinance codified in this title shall subsequently be reduced below or further reduced below if already less than the minimum yard requirements of this title for equivalent new construction.

(5) Permitted Obstruction in Required Yards. The following shall not be considered to be obstructions when located in the required yards specified:

(a) In All Yards.

1. Ordinary projections of skylights, sills, belt courses, cornices, and ornamental features projecting not to exceed 12 inches.

2. Open terraces or decks not over four feet above the average level of the adjoining ground, but not including a permanent roofed-over terrace or porch and not including terraces or decks which project into the required front yard by more than six feet from the front of the principal structure.

3. Awnings and canopies.

4. Steps which are necessary for access to a permitted building or for access to a zoning lot from a street or alley.

5. Chimneys projecting 18 inches or less into the yard.

6. Arbors, trellises and flagpoles.

7. Fences, screens, hedges and walls; provided, that in residential districts no fence or wall shall be located in the required front yard and no landscaped screen or hedge shall exceed three feet six inches in height if located in the front yard, and no fence, landscaped screen, hedge or wall shall exceed six feet in height if located in a side or rear yard. On a corner or reverse corner lot, the side yard setback shall be the same as the front yard setback on adjoining lots; fences shall not be installed beyond this point. No fence, screen, hedge, or wall shall interfere with line of sight requirements for local streets or intersections. No fence, screen, hedge, or wall shall be constructed of material that may be described as rubble, cardboard, chicken wire, trees and brush, corrugated tin, utility poles, railroad ties, barbed wire, broken glass, or electrified material. The design, location, and construction of a fence or wall shall be approved by the building commissioner prior to the issuance of a building permit.

(b) In Front Yards.

1. One-story bay windows projecting three feet or less into the yard.

2. Overhanging eaves and gutters projecting three feet or less into the yard.

1. Enclosed attached or detached off-street parking spaces.

2. Open off-street parking spaces.

3. Accessory sheds, tool rooms, and similar buildings or structures for domestic or open space storage.

4. Balconies, breezeways, and open porches.

5. One-story bay windows, and overhanging eaves and gutters projecting three feet or less into the yard.

6. No accessory building or use shall be nearer than five feet to either the side lot line or the rear lot line, except for garages as provided for in HMC 18.15.060.

(d) In Side Yards. Overhanging eaves and gutters projecting into the yard for a distance not exceeding 40 percent of the required yard width, but in no case exceeding three feet.

(H) Home Occupation Regulations. In addition to the standards of the underlying zoning district, home occupations in the town shall be governed by the following:

(1) There shall be no exterior sign or display, except as allowed in the sign regulations for the district in which such home occupations may be located. Additionally, there shall be no exterior manifestations of such home occupations which would adversely affect the neighborhood.

(2) No more than one person, other than members of the resident family, shall be employed at a home occupation at any time.

(3) There shall be no sales or storage of products or services not produced on the premises. However, in no case shall any outdoor production, storage, or sale of any product or service be permitted.

(4) Parking and Traffic.

(a) A maximum of two parking spaces beyond the requirements of the underlying zoning district may be used for the home occupation.

(b) Off-street parking spaces shall be limited to the driveway area or a maximum 20-foot depth concrete or asphalt pad directly accessed from an alley. No parking lots or other parking facilities, including driveway expansion, shall be permitted.

(c) Where off-street parking is unfeasible, on-street parking may be utilized for the home occupation. The use of on-street parking for such home occupation shall only be allowed between 8:00 a.m. and 6:00 p.m. per business day.

(d) The home occupation shall not generate pedestrian or vehicular traffic beyond that normal to the district in which it is located.

(5) Home occupations shall not involve the use of commercial vehicles or trailers that include hoisting devices, snow plows, cargo containers, or other similar commercial type equipment or fittings, for delivery of materials to or from the premises. A vehicle not to exceed one ton may be used in conjunction with the home occupation, provided it is owned by the operator of such home occupation and stored in an entirely enclosed garage when not in use.

(6) A maximum of one room in the dwelling unit shall be employed for the home occupation. However, in no case shall more than 25 percent of the ground floor area of the residence shall be used for the home occupation.

(7) No building or space outside of the main building shall be used for home occupational purposes except for agricultural uses.

(8) A “home occupation” shall be limited to domestic crafts and professional services as listed below:

(a) Art studio.

(b) Photography and videography.

(d) Professional office of a clergyman.

(e) Lawyer.

(f) Physician or dentist, when limited to one patient at a time and when located in a dwelling occupied by the same.

(g) Architect or engineer.

(h) Interior design.

(i) Computer programming and word processing.

(j) Realtor.

(k) Accountant.

(l) Notary public.

(m) Internet commerce sales, including stock and commodity trading.

(n) Barber or beauty shop, when limited to one customer at a time and when located in a dwelling occupied by the same.

(o) Teacher of music, dance, and other instruction when limited to one pupil at a time and when located in a dwelling occupied by the same.

(9) Home occupations shall not be construed to include such uses as the following:

(a) Medical clinic or hospital.

(b) Tea room or restaurant.

(d) Machine shop or automobile repair shop.

(e) Bed and breakfast inn.

(f) Short-term housing rental.

(g) Commercial stable or kennel.

(h) Construction shop and related uses, such as landscaping.

(I) Temporary Lighting. The temporary use of low wattage or low voltage lighting for public festivals, celebrations, and the observance of holidays may be permitted; provided, that:

(1) The use of linear lighting and low voltage strip-lighting is prohibited for all uses unless it is approved as a part of an approved architectural lighting plan.

(2) Permits are required for commercial activities, such as carnivals, and are valid for up to seven consecutive days. Where practical, lighting shall be full cutoff type.

(3) Residential uses are exempt from this regulation except where they create a hazard or nuisance from glare.

(J) Required Utilities. Every lot in each zoning district hereafter described shall be provided with public water and public sewers, if available. When either or both of these public utilities are not available, governing regulations of the state of Indiana and Lake County shall be applicable.

(K) Performance Standards. The performance standards set forth in this title in the industrial districts as regard noise, odorous matter, vibrations, toxic or noxious matter, glare or heat, and fire and explosive hazards shall also apply to residential and business districts.

(L) Existing Use Variances. Where a use is classified as a use variance under this title and exists as a conditional or permitted use at the date of adoption of the ordinance codified in this title, it shall be, without further action of the town council, the zoning administrator or the board of zoning appeals, a legal use. [Ord. 1659 § 1, 2017].

18.05.070 Miscellaneous business regulations.

(A) Wherever a PB, B-1, B-2, B-3, I-1, or B and I PUD zoned district(s) abuts a residential district, a solid fence, conforming to all applicable regulations of Chapter 18.75 HMC, shall be erected along the district boundary for screening unless:

(1) The district boundary is separated from the residential district by a street.

(2) In all other respects, fences in a PB, B-1, B-2, B-3, I-1, or B and I PUD zoned district(s) shall conform to the requirements of residential districts.

(B) In PB, B-1, B-2, B-3, I-1, or B and I PUD zoned districts, all trash collection (dumpster) areas shall be screened by a solid fence conforming to all applicable regulations of Chapter 18.75 HMC. Gates allowing access to these areas shall be constructed of wood or vinyl.

(C) Trash collection areas shall not be located closer than 10 feet to any side or rear lot line, unless the rear lot line abuts an alley. Under no circumstances shall such areas be located before the front building line, or on any recorded easement or right-of-way.

(D) For the purposes of this code, chain link fences with slats are prohibited from meeting the screening requirements for subsections (A) and (B) of this section.

(E) Required screening under this section shall be maintained by the respective property owner(s).

(F) Regulations for Donation and Recycling Bins.

(1) Donation and recycling bins shall only be approved as an accessory use with a special use permit; provided, that the applicant is a recognized Indiana not-for-profit organization.

(2) Enforcement. The owner, lessee, or other person or legal entity in control of the property where the donation or recycling bin is being maintained, and the person or entity which owns, maintains, or operates the bin, shall be jointly and severally liable for any violation(s) that may result from the bin's use or operation.

(3) Donation and recycling bins shall be painted, weather resistant, maintained in good repair, and equipped with a tight fitting lid or door. All collected materials shall be maintained completely within the bin, and shall be covered and secured from unauthorized entry or removal of material when the site is not attended. Bins shall be further marked or labeled with the specific item or material that may be deposited.

(4) Recycling drop-off bins shall accept only paper, paperboard, glass, plastic containers, metal, and reusable materials as allowed by the special use permit. No power driven processing or electronic equipment shall be used, collected, or processed in conjunction with the bin.

(5) Donation and recycling bins shall be maintained free of fluids, odors, litter, rubbish, garbage, and any other nonrecyclable material, and shall be emptied, swept, and cleaned on a regular basis.

(6) The name of the entity or organization that is maintaining the bin, along with their phone number, address, and other pertinent identifying information, shall be clearly identified and displayed on the bin.

(7) Signage. Donation and recycling bins shall include signage that conforms to HMC 18.85.030(N).

(8) Size and Location.

(a) Donation and recycling bins shall not exceed 75 square feet in total area per lot or development, with no individual bin exceeding 25 square feet in area, nor five feet on any side. Such bins shall not exceed seven feet in height.

(b) Donation and recycling bins shall be located only on paved surfaces in conjunction with public or private institutional parking lots. Any occupation of parking spaces by such bins shall not reduce the number of available parking spaces below the minimum number required for the site. Bins shall not interfere in any way with pedestrian or vehicular movement.

(c) All approved donation and recycling bins within a lot or development shall be clustered within the same general area, but in no case within 200 feet of any residentially zoned district.

(d) Donation and recycling bins shall not be permitted in the front yard of any lot, and shall be effectively screened from view from any public right-of-way.

(9) The board of zoning appeals may place additional conditions or restrictions of the use of such bins as are appropriate to the zoning district in which they are located. [Ord. 1659 § 1, 2017].

Article II. Definitions

18.05.080 Definitions – A.

(A) Accessory Building or Use.

(1) An “accessory building or use” is one which:

(a) Is subordinate to and serves the principal building or principal use.

(b) Is subordinate in area, extent or purpose to the principal building or principal use served.

(c) Is located on the same zoning lot as the principal building or principal use served, with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.

(2) An “accessory building or use” includes but is not limited to the following:

(a) A children’s playhouse of 100 square feet or more (see also HMC 18.05.060(F)(8)), garden house, or private greenhouse.

(b) A garage, shed, or building for domestic storage.

(c) Storage of goods used in or produced by industrial activities unless such storage is excluded by district regulations.

(d) The production, processing, cleaning, servicing, altering, testing, repair, or storage of merchandise normally incidental to a retail service or business use conducted by the same ownership as the principal use. In a business district, all such activities shall conform with the performance standards for the I-1 industrial districts in Chapter 18.50 HMC, applied at the boundaries of the lot on which the use is located.

(e) Off-street motor vehicle parking spaces or areas and loading facilities.

(f) Drop boxes.

(g) Signs as permitted and as regulated in each district incorporated in this title.

(h) Carports.

(B) “Actual construction” means work done which is beyond the preparation stage and into that stage where changes or additions are made permanent.

(C) “Administrator” means the zoning administrator appointed by and/or delegated the responsibility for the administration of these regulations by the town council and/or plan commission.

(D) “Advertising structure” means any notice or advertisement, pictorial or otherwise, and any such structure used as an outdoor display, regardless of size and shape, that contains a message unrelated to any business or activity or service actually carried on upon the premises.

(E) “Agricultural building” means a structure utilized for the conduct of farming operations, but not including a dwelling.

(F) “Aircraft” means any contrivance, now known or hereinafter invented, for use designed for navigation of or flight in the air or outer space, including missiles.

(G) “Airport” means any area which is used or intended to be used for the taking off and landing of aircraft, including helicopters, and any appurtenant areas which are used or intended to be used for airport buildings or facilities, including open space, taxiways, and tie-down areas.

(H) “Alley” means a public right-of-way not more than 30 feet wide which affords only a secondary means of access to abutting property.

(I) “Amusement device” means a machine or device, generally coin-operated, which operates or may be operated for use as a game, contest, or amusement of any description, and sometimes incorporating either electromechanical devices or electronic video display operations; provided, however, that coin-operated musical devices, rides, pinball machines, and other vending machines are excluded from this definition.

(J) “Apartment” means a room or suite of rooms in a multiple-family structure which is arranged, designed, used, or intended to be used as a single housekeeping unit. Independent cooking, sleeping, and toilet facilities, permanently installed, must always be included for each apartment.

(K) “Applicant” means a fee simple owner of land, or the authorized agent thereof, who makes application to the Highland plan commission for action by said commission thereby affecting the land.

(L) “Articulations” mean the degree or manner in which a building wall or roof line is made up of distinct parts or elements. A highly articulated wall will appear to be composed of a number of different planes, usually made distinct by their change in direction (projections and recesses) and/or changes in materials, colors or textures.

(M) “ASTM” mean the American Society for Testing and Materials.

(N) “Automobile charging station” means any approved device or facility that supplies power for the recharging of electric automobiles. Automobile charging stations shall only be allowed as a special use, and shall be subject to all applicable provisions of this title.

(O) “Automobile laundry/car wash” means a building or portion thereof where the principal activity is the washing of automobiles, including the use of chain conveyors, blowers and steam cleaning devices.

(P) “Automobile repair, major” means an activity described as engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame, or fender straightening or repair; and overall painting of vehicles.

(Q) “Automobile repair, minor” means an activity described as the incidental replacement of parts and motor service to automobiles, but not including any operation specified under “automobile repair, major.”

(R) “Automobile service station” or “filling station” means a place where gasoline and diesel fuel, stored only in underground tanks, and kerosene, lubricating oil or grease for operation of light trucks and automobiles, is offered for sale directly to the public on the premises. It may include the sale and provision of minor accessories and services for said vehicles, including washing of vehicles where no chain conveyor, blower, or steam cleaning device is employed. Uses permissible at an automobile service station or filling station shall not include major automobile repair, welding unless incidental to minor repairs, i.e., exhaust, storage of automobiles not in working condition, the sale of automobiles or trucks, or other work involving noise, glare, smoke, fumes or other characteristics to an extent greater than would normally be found in service stations. An automobile service station or filling station is not a repair shop nor a body shop.

(S) “Automobile wrecking yard” means any land, building, or structure used for the open storage, keeping, or abandonment of any worn-out, cast-off, inoperative, discarded, or abandoned vehicle, automobile, or parts thereof, which is not being restored to operation, including vehicles or automobiles without a valid current state registration and license plate issued to such vehicle or automobile, or to the occupant, owner, purchaser, lessor, lessee, or tenant of such place; and including the wrecking of such motor vehicles or the parts thereof and any other goods or articles of salvage for the purpose of commercial sale.

(T) “Awning” means a roof-like cover, temporary in nature, which projects from the wall of a building and overhangs a public way or a required yard. [Ord. 1659 § 1, 2017].

18.05.090 Definitions – B.

(A) “Basement” means a story partly underground, but having less than one-half its clear floor-to-ceiling height below finished grade. A basement should be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet and the area is used for business or dwelling purposes.

(B) “Bed and breakfast inn” means a private, owner-occupied dwelling having a maximum of three bedrooms for rent to travelers, tourists, and the like on a temporary basis not exceeding seven days, as an activity which is subordinate and incidental to the main residential use of the building, and in which both breakfast and lodging are provided or offered to such guests for compensation.

(C) “Best management practice” means a practice, or combination of practices, that is determined to be an effective and practicable (including technological, economic, and institutional considerations) means of preventing or reducing the amount of pollution generated by water runoff to achieve any number of water quality goals.

(D) “Bioswale” means a linear open space that is centered around a permanent body of water and designed for the promotion and usage of water-based traffic, and that links different parts of the town together, including parks, schools, and various activity centers.

(E) “Block” means a tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights-of-way, bulkhead lines, shorelines, waterways or corporate boundary lines of a town.

(F) “Boarding house” means a building, not available to transients, in which meals are regularly provided for compensation for at least three but not more than 30 persons.

(G) “Buffer landscaping” means any trees, shrubs, walls, fences, berms, or related landscaping features required under this title or the subdivision regulations to be placed on private property and privately maintained or in public rights-of-way for the purpose of buffering lots from adjacent property, for esthetic purposes, and/or for creating sound barriers and/or visual privacy.

(H) “Buildable area” means the portion of the lot remaining after required yards have been provided.

(I) “Building” means any structure designed, built, or intended for the shelter, enclosure, or protection of persons, animals, chattels, or movable property of any kind, and which is permanently affixed to the land.

(J) “Building, completely enclosed” means a building separated on all sides from the adjacent open space or from other buildings or other structures by permanent exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

(K) “Building, detached” means a building which does not connect to another building and is surrounded by open space on the same lot.

(L) “Building, principal” means a building in which the principal use of a lot on which it is located is conducted.

(M) “Building, residential” means a building which is arranged, designed or used for residential occupancy by one or more families or lodgers and which includes but is not limited to the following:

(1) One-family detached dwellings.

(2) Two-family dwellings.

(3) Multiple-family dwellings.

(4) A row of one- or two-family attached dwellings developed initially under single ownership or control.

(N) “Building height” is the vertical distance from ground level adjacent to the building’s foundation, to the highest point. Appurtenances, chimneys, vent stacks, antennas, and the like shall not be included when determining height.

(O) “Building line” means the line that establishes the minimum permitted distance on a lot between the front line of a building and the street right-of-way line.

(P) “Building permit” or “location improvement permit” means a document issued to a person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure within its jurisdiction, or cause the same to be done or to change the use or condition of the land.

(Q) “Bulbout island” means a curb extension, located at an intersection corner or in the midblock of a street, that narrows the street width by extending the parkway width and incorporates a landscaped island.

(R) “Bulk” is the term used to indicate the size and setbacks of buildings or structures and the location of same with respect to one another, and includes the following:

(1) Size and height of buildings.

(2) Location of exterior walls at all levels in relation to lot lines, streets, or other buildings.

(3) Gross floor area of buildings in relation to lot area (floor area ratio).

(4) Amount of lot area per dwelling unit.

(S) “Bus terminal,” “bus depot,” or “bus station” means any place, building, or portion thereof where intra-town buses make their major or only stop, whether such stop is off street or on the public way adjacent thereto, for the purpose of loading or unloading passengers, baggage or freight, and also where minor repairs to such buses may be provided. Such bus terminal, bus depot, or bus station may serve as a stop for inter-town buses for the purpose of loading or unloading passengers and baggage, but shall not be deemed to include the corner-to-corner pick-up and discharge service normally provided by inter-town buses.

(T) “Business” involves the purchase, sale, or exchange of goods or services, or the maintenance for profit of offices or recreational or amusement enterprises. [Ord. 1659 § 1, 2017].

18.05.100 Definitions – C.

(A) “Caliper” means a measure of the thickness of a tree trunk, measured between six inches and 12 inches above the ground.

(B) “Campgrounds” means any site, lot, field, or tract of land under single ownership, or ownership of two or more people, designed with facilities for short-term occupancy by recreational vehicles and other camping equipment, but not including mobile homes.

(C) “Cellar” means a story partly or wholly underground and having more than one-half of its clear height below the average level of the adjoining ground. A “cellar” should not be considered in determining the permissible number of stories, nor shall it be considered as space to be used for living quarters.

(D) “Cemetery” means any tract of land used for burying the dead, such as a graveyard, and includes any columbarium, crematory, mausoleum, or mortuary operated in conjunction with and on the same tract as the cemetery.

(E) “Clinic” means an establishment in which patients are admitted for medical or dental study or treatment and in which the services of at least two physicians and/or dentists are provided.

(F) “Club or lodge, private” means a nonprofit association of persons who are bona fide members, electing a board of directors and paying annual dues, which owns, hires or leases a building or portion thereof, the use of such premises being restricted to members and their guests. It shall be permissible to serve food and beverages on such premises; provided, that adequate dining room service and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed in conjunction with the operation of a dining room established for the purpose of serving food and beverages though such beverages may be served in a separate room or rooms; provided further, that such sale of alcoholic beverages be in compliance with the applicable state, federal and municipal laws.

(G) “Cluster housing” means developments in which the dwelling units are clustered close to their access streets or drives in order to permit aggregation of yard space into larger common recreational spaces.

(H) “Coin-operated amusement center” means an establishment engaged in providing amusement or entertainment through or by the use of amusement devices, and containing five or more such amusement devices.

(I) “Condominium” means real estate lawfully subjected to the Horizontal Property Law by the recordation of condominium instruments, in which undivided interests in the common areas and facilities are vested in the condominium unit owners.

(J) Convalescent Home. See “Rest home” as defined in this chapter.

(K) “Convenience store” means a general merchandise and grocery store, with less than 3,000 square feet of gross floor area, and open for business for extended hours. A convenience store generally attracts patrons because of the speed in which items may be purchased and because of the extended hours for which such stores are open for business. Where sale of gasoline or fuel is proposed in conjunction with the convenience store, such use shall be located only in a district where the use is permitted.

(L) “Cul-de-sac” means a local street, open at one end only, with a special provision for vehicles to turn around.

(M) “Curb cut” means a lowering of the curb at street level to allow motorized vehicle ingress to and egress from property.

(N) “Curb cut, shared” means a curb cut that is used by multiple businesses and developments at the same time.

(O) “Curb level,” for any building, is the level of the established curb in front of such building, measured at the center of such building. Where no curb exists and no curb elevation has been established, the town engineer shall establish curb level. [Ord. 1659 § 1, 2017].

18.05.110 Definitions – D.

(A) “Day care center” means any place operated by a person, society, agency, corporation or institution, or any other group which receives for pay three or more children under 18 years of age for group care, without transfer of custody, for less than 24 hours per day.

(B) “Detached building” means a building that has no structural connection with another building.

(C) “Donation box” means a large container or receptacle placed outdoors in a public location for people to drop off used clothing or other personal goods for collection by a charitable organization.

(D) “Drive-in” means an establishment selling foods, frozen desserts, or beverages to customers, and the establishment being designed, intended, or used for the consumption of such items on the premises inside of and outside of the building in which they were prepared.

(E) “Dump” consists of a lot or parcel of land used primarily for the disposal by abandonment, dumping, burial, burning or by any other means and for whatever purpose of garbage, trash, refuse, junk, discarded machinery, discarded vehicles or parts thereof, or waste material of any kind.

(F) “Dwelling” means a building, or a portion thereof (but not a motor home or camper), designed or used exclusively for residential occupancy, or permitted home occupations, including one-family dwellings, two-family dwellings, and multiple-family dwellings, but not including hotels, motels, and lodging rooms.

(G) “Dwelling, attached” means a dwelling which is joined to another building at one or more sides by a common wall or walls.

(H) “Dwelling, detached” means a dwelling which is entirely surrounded by open space on the same lot.

(I) “Dwelling, farm” means one-family dwellings, located upon farms and occupied or used by the owner, farm tenant, or other persons employed thereon.

(J) “Dwelling, multiple-family” means a residential building with dwelling units designed for and occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.

(K) “Dwelling, row house” means any one of three or more one-family attached dwelling units in a continuous row or rows.

(L) “Dwelling, single-family” means a detached residential dwelling unit designed for and occupied by one family only.

(M) “Dwelling, two-family” means a detached residential building with two dwelling units, designed for and occupied by not more than two families.

(N) “Dwelling unit” means one room, or rooms connected together, constituting a separate independent housekeeping unit established for owner occupancy or for rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure. A “dwelling unit” contains independent cooking, sleeping, and toilet facilities.

(O) “Dwelling unit, efficiency” means a dwelling unit consisting of one room exclusive of the bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room; provided, that such dining alcove does not exceed 100 square feet in area.

(P) “Dwelling unit, mobile home” means a detached residential dwelling designed for transportation after fabrication on streets or highways on its own wheels or on a flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling unit, complete and ready for occupancy except for minor and incidental unpacking and assembly operations. A travel trailer is not a mobile home. [Ord. 1659 § 1, 2017].

18.05.120 Definitions – E.

(A) “Easement” means an authorized grant made by a property owner for use by another of any designated part of his property for a clearly specified purpose and officially recorded.

(B) “Establishment, business” means a separate place of business having the following three characteristics:

(1) The ownership and management of all operations conducted within such establishment is separate and distinct from the ownership and management of operations conducted within other establishments on the same or adjacent zoning lots.

(2) Direct public access to such business establishment is separate and distinct from direct access to any other such establishment.

(3) There is no direct public access from within such establishment of any other such establishment.

(C) “Expressway” or “freeway” means any roadway operated at high service level, consists of limited land access, carries regionwide traffic, and is generally classified as part of the interstate system. [Ord. 1659 § 1, 2017].

18.05.130 Definitions – F.

(A) Family. A “family” consists of one or more persons related by blood, marriage, or adoption, or a group of not more than three persons who need not be related by blood, marriage, or adoption (excluding servants), who are living together in a single dwelling unit and maintaining a common household conforming to all town and state health and housing codes.

(B) “Farm, general” means an area used for agricultural operations, including truck gardening, forestry, the operation of a tree or plant nursery, or the processing of farm products produced on the farm by the resident owner or tenant, but it does not include commercial or custom slaughtering.

(D) “Flood hazard areas” consist of floodplains which have not been adequately protected from flooding caused by the regulatory flood, and are shown on the zoning map and/or the Flood Hazard or Floodway-Flood Boundary Maps of the Federal Insurance Administration or maps provided to the plan commission from the Indiana Natural Resources Commission.

(E) “Flood protection grade” means the elevation of the lowest floor of a building, including the basement, which shall be two feet above the elevation of the regulatory flood.

(F) “Floodplain” consists of the area adjoining the river or stream which has been or may hereafter be covered by flood water from the regulatory flood as determined by the State of Indiana Department of Natural Resources, Division of Water, and by the Federal Emergency Management Agency (FEMA).

(G) “Flood-proofed building” means a commercial or industrial building designed to exclude floodwaters from the interior of that building. All such floodproofing shall be adequate to withstand the flood depth, pressures, velocities, impact and uplift forces and other factors associated with the regulatory flood.

(H) “Floodway fringe” means that portion of the floodplain lying outside the floodway, which is inundated by the regulatory flood.

(I) Floor Area (for Determining Floor Area Ratio). For the purpose of determining the floor area ratio, the “floor area” of a building is the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of party walls separating two buildings. The “floor area” of a building shall include basement floor when more than one-half of the basement height is above the established curb level, elevator shafts and stairwells at each floor, floor space used for mechanical equipment (open or enclosed), located on the roof, penthouses, attic space having headroom of seven feet, 10 inches or more, interior balconies, mezzanines and enclosed porches and floor area devoted to accessory use. However, any space devoted to off-street parking or loading shall not be included in floor area.

(J) Floor Area (for Determining Off-Street Parking and Loading Requirements). For the purpose of determining off-street parking and loading requirements for any use, the “floor area” shall be calculated as the sum of the gross horizontal areas of the several floors of the building or the portion thereof devoted to such use, including accessory storage areas located within selling or working space such as counters, racks or closets and any basement floor area devoted to retailing activities, to the production, preparation or processing of foods or to business or professional offices. However, “floor area” for the purpose of measurement of off-street parking spaces shall not include: floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering space; or basement floor area (except as otherwise noted herein).

(K) Floor Area Ratio. The “floor area ratio” of the building or buildings on any zoning lot is the floor area of the building or buildings on that zoning lot divided by the total area of such zoning lot, or in the case of planned unit developments, by the total net site area. [Ord. 1659 § 1, 2017].

18.05.140 Definitions – G.

(A) “Garage” or “yard sale” means a public or private sale conducted by the owner or occupier of a premises, and conducted within a residence, garage or other accessory buildings or outside thereof, which sale is of six or more items of personal property owned or is 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.

(B) “Greenway” means a linear open space, designed for the promotion and usage of nonmotorized traffic, that links different parts of the town together, including parks, schools, and various activity centers.

(C) “Greenbelt” means an area of undeveloped land, covered only by grass, shrubbery, trees, and other similar natural vegetation, maintained in a sightly condition, and which may be in its natural state or graded and landscaped.

(D) “Ground floor area” means the square foot area of a residential building within its largest outside dimensions computed on one horizontal plane above the ground level, exclusive of open porches, breezeways, terraces, garages, exterior stairways, furnace and laundry areas.

(E) “Group home” means a single self-contained home established and operated by the county department of welfare, licensed private child placement agency or licensed incorporated group established for the purpose of receiving and caring for up to eight children or mentally impaired and developmentally disabled adults who are attended by house “parents.” [Ord. 1659 § 1, 2017].

18.05.150 Definitions – H.

(A) “Hardscape” means any nonliving or nonhorticultural structural parts of a landscape. Hardscape features include, but are not limited to, plazas, driveways, sidewalks and pathways, walls and stairs separate from a building, patios and decks, fences, and the like, and are generally constructed with brick, masonry, concrete, wood, metal, and similar durable materials.

(B) “Hardship” means a perceived difficulty with regard to one’s ability to improve the land stemming from the application of the development standards of this title, which may or may not be subject to relief by means of variance. In and of themselves, self-imposed situations and claims based on a perceived reduction of or restriction on economic gain shall not be considered hardships. Self-imposed situations include: the purchase of land with actual or constructive knowledge that, for reasons other than physical characteristics of the property, the development standards herein will inhibit the desired improvement; any improvement initiated in violation of the standards of this title; or any result of land division requiring variance from the development standards of this title in order to render the site buildable.

(C) “Home occupations” means conduct of a gainful occupation or profession customarily carried on by an occupant of a dwelling unit as a subordinate use which is clearly incidental to the use of the dwelling unit for residential purposes. Home occupations shall be governed by the regulations provided in HMC 18.05.060(H).

(D) “Hospice” means a medically supported group residence for the terminally ill.

(E) “Hospital” means an institution where physicians and other medical professionals provide health services primarily for in-patient nursing and medical or surgical care and treatment for persons suffering from injuries or from physical or mental ailments. Additional facilities and services, including but not limited to laboratories, diagnostic testing, analytical and clinical research, out-patient department, training facilities and administrative and staff offices and living quarters, related directly to the health services provided, may be located and operated as an integral part of such hospital.

(F) “Hotel” means a building containing rooming or lodging units that are used for travelers, tourists, and the like on a temporary basis not exceeding 30 days. Hotels shall also offer the following services as part of their business: meal service, maid service, furnishing of linen, telephone, and secretarial or desk service. A hotel may also include a restaurant or cocktail lounge, public banquet halls, ballrooms, or meeting rooms. [Ord. 1659 § 1, 2017].

18.05.160 Definitions – I.

(A) “Improvement location permit” means a document permitting a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure within its jurisdiction, or cause the same to be done, or to change the use or condition of the land.

(B) “Industrial use, general” means manufacturing, processing, extraction, heavy repair, dismantling, storage, or disposal of equipment, raw materials, manufactured products or wastes, in which operations other than transportation occur.

(C) “Invasive plant” means a nonnative plant or species of plant whose introduction does, or is likely to, cause economic or environmental harm or displace native habitat and disrupt the ecology of natural ecosystem. [Ord. 1659 § 1, 2017].

18.05.170 Definitions – J.

(A) “Junkyard” means an open area where waste or scrap metals are kept, discarded, abandoned, bought, sold, exchanged, sorted, baled, parked, disassembled, or handled, including but not limited to scrap iron and other metal, paper, rags, rubber tires and bottles. A “junkyard” includes an automobile wrecking yard but does not include uses established entirely within enclosed buildings. [Ord. 1659 § 1, 2017].

18.05.180 Definitions – K.

(A) “Kennel” means any lot or premises or portion thereof on which more than three dogs, cats, or other domestic animals are boarded for compensation or kept for sale. [Ord. 1659 § 1, 2017].

18.05.190 Definitions – L.

(A) “Lighting, holiday” means any low wattage (consisting of LED and incandescent bulbs of less than eight watts each, rope lighting, etc.) outdoor lighting which is of a temporary nature and which is illuminated only between November 15th and February 15th of every year, or for a maximum of seven consecutive days for other occasions.

(B) “Lighting, linear” means a type of LED, neon, fluorescent, string, rope-lighting and low voltage strip-lighting, primarily intended as an architectural highlight for buildings or windows to attract attention or used as means of identification or advertisement. Such lighting shall be prohibited, except when it is permitted through the site plan review process.

(C) “Live/work unit” means a fee-simple dwelling unit that contains a distinct commercial component as the primary use, owned and operated by the owner, and an attached residential unit that is the primary residence of the owner.

(D) “Loading space, off-street” means a space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in the computation of required off-street parking space.

(E) “Lodging house” or “boarding house” means a dwelling containing one or more lodging rooms, in which lodging or meals are provided for compensation on a weekly or monthly basis to one or more persons who are not of the keeper’s family and are not transients.

(F) “Lodging room” means a room rented as a sleeping and living quarters without cooking facilities and designed with individual toilet facilities.

(G) “Lot” means a zoning lot except as the context shall indicate a lot of record, in which case a lot is a lot of record. A “lot” is a tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or of building development.

(1) “Lot, corner” means a lot which is situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees. A lot with streets abutting more than two sides shall also be a corner lot. On corner and reverse corner lots, the side yard setback shall be the same as the front yard setback on adjoining lots.

(2) “Lot, interior” means a lot other than a corner or through lot.

(3) “Lot, reverse corner” means a corner lot of which the side lot line adjoining the intersecting street is substantially a continuation of the front lot line of the first lot to its rear. On corner or reverse corner lots, the side yard setback shall be the same as the front yard setback on adjoining lots.

(4) “Lot, through” means a lot other than a corner lot having a pair of opposite lot lines along two more or less parallel public streets. On a through lot, both street lines shall be considered as front lot lines.

(5) “Lot, zoning” means a single tract of land located within a single block, which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. Therefore, a zoning lot may or may not coincide with a lot of record.

(H) “Lot area” means the area of a horizontal plane bounded by the front, side, and rear lot lines, less any portion of the lot which is below the established water line of any lake or stream or body of water.

(I) “Lot coverage” means that percentage of the lot area that is represented by the impervious surface, including all structures, driveways, patios, and sidewalks. Structures such as wooden decks are not included if earth or stone or some other pervious surface is below the deck.

(J) “Lot depth” means the mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.

(K) “Lot frontage” means the boundary of a lot along a public or private street. For the purposes of this code, only one side of a lot will be considered as frontage; that side of a lot which the front of the building faces and is addressed. For an undeveloped lot, the narrowest width of the lot will be considered to be frontage.

(L) “Lot line, front” means that lot line of a lot which is parallel to an existing or dedicated public street, public way, or a lake or watercourse. On corner or reverse corner lots, the side yard setback shall be the same as the front yard setback on the adjoining lots.

(M) “Lot line, rear” means that lot line of a lot which is opposite from or is most nearly parallel to the front lot line, except that for a triangular or other irregular shaped lot it means the line at least 10 feet long, parallel to the front lot line, and wholly within the lot, that is farthest from the front lot line.

(N) “Lot line, side” means any lot line of a lot separating two lots other than a front lot line or a rear lot line.

(O) “Lot of record” means a lot which is part of a subdivision recorded in the office of the county recorder.

(P) “Lot width” means the mean horizontal distance between the side lot lines of a lot measured within the lot boundaries. [Ord. 1659 § 1, 2017].

18.05.200 Definitions – M.

(A) “Major reconstruction” means any construction or remodeling work that involves a minimum of 50 percent of the lot area or building area, or where the cost of all such improvements is valued at a minimum of 50 percent of the assessed value of the lot or structure.

(B) “Manufactured home” means a single-family dwelling unit designed and built in a factory, installed as a permanent residence, which bears a seal certifying that it is built in compliance with Federal Manufactured Housing Construction and Safety Standards Law, and which complies with the following specifications:

(1) Shall have been constructed after January 1, 1981, and must exceed 950 square feet of occupied space.

(2) Is attached to a permanent foundation of concrete or masonry construction and has a permanent perimeter enclosure constructed in accordance with the One- and Two-Family Dwelling Code.

(3) Has axles, wheels, and towing chassis removed.

(4) Has a pitched roof with a minimum rise of 2:12.

(5) Consists of two or more sections which, when joined, have a minimum dimension of 20 feet by 47 and one-half feet in length or width enclosing occupied space.

(C) “Medical or dental clinic” means a facility operated by two or more physicians and/or dentists and other employees, and providing health services for the out-patient treatment of persons suffering from injuries or from physical or mental ailments. For the purposes of this title the term “medical or dental clinic” shall include the term “group medical center.”

(D) “Medical or dental office” means a facility operated by one physician or dentist and by not more than two other employees, and providing health services for the out-patient treatment of persons suffering from injuries or from physical or mental ailments.

(E) “Merchandising firm” means a firm or company that purchases finished goods for resale to consumers.

(F) “Mineral extraction” means the mining or quarrying and removal of earth products.

(G) “Mobile billboard” means a structure mounted on a vehicle and extending beyond the overall length, width, or height of the vehicle with the primary purpose of displaying advertising.

(H) “Mobile home” means any vehicle without motive power designed by the manufacturer or maker with hitch and undercarriage to permit attachment of axles and wheels, and so designed to permit its being used as a conveyance upon public streets or highways and so designed, constructed or reconstructed, or added to by means of an enclosed addition or room in such a manner as will permit the occupancy thereof as a single-family dwelling for one or more persons, and not qualifying under the definition of a manufactured home. A house trailer shall be considered a mobile home. An unoccupied, noninhabited travel trailer or camper is not to be considered a mobile home.

(I) “Mobile home park” means any area of land upon which two or more mobile homes are harbored for the purpose of being occupied either free of charge or for revenue purposes, and shall include any building, structure, vehicle, or enclosure used or intended for use as a part of the equipment of such mobile home park.

(J) “Mobile home site” means the area of land within a mobile home park which accommodates or is intended to accommodate one mobile home, exclusive of streets, sidewalks, alleys, parking areas, buildings, and structures other than the mobile home accommodated or intended to be accommodated and its yard and assigned portion of any greenbelt or recreational area.

(K) “Motel” or “tourist court” means a building or a group of buildings located on a single zoning lot, designed and intended to provide individual lodging units for rent to guests, primarily arriving by automobile or public carrier. Ancillary to the principal function of providing rooms to guests may be a variety of other uses such as swimming pools, bars and restaurants, meeting and convention facilities, theaters and showrooms, and other such uses.

(L) “Motor freight terminal” means a building in which freight brought by truck is assembled or reassembled and sorted for routing in intrastate or interstate shipment. Minor repairs, servicing and refueling may be conducted in such motor freight terminals.

(M) “Motor vehicle repair, major” includes engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers, collision service, including body, frame or fender repair or straightening and overall painting of vehicles.

(N) “Motor vehicle repair, minor” includes incidental repairs and replacement of parts, motor service, and oil and lubrication to motor vehicles, but does not include any operation specified under “major motor vehicle repairs.”

(O) “Multiple tenant building” means a building that houses multiple different businesses, companies, residences, etc.

(P) “Mural” means an original, hand-produced work of visual art which is tiled or painted by hand directly upon, or affixed directly to, an exterior wall of a building. [Ord. 1659 § 1, 2017].

18.05.210 Definitions – N.

(A) “Nameplate” means a sign indicating the name or address of a building or the name of an occupant thereof or the name of the practice of a permitted occupation therein.

(B) “Net site area” means the entire land area within the boundaries of a site, less one-half the area of any dedicated streets or alleys located along the boundaries of the site.

(C) “Nonconforming building or structure” means any building or structure which does not comply with all the regulations of this title or of any amendment hereto governing bulk for the zoning district in which such building or structure is located, or any building or structure which is designed or intended for a nonconforming use.

(D) “Nonconforming use” means any use of land, buildings or structures which does not comply with all of the regulations of this title or of any amendment hereto governing use for the zoning district in which such use is located.

(E) “Noxious matter” means any material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the physical or economic well-being of individuals.

(F) Nursing Home. See “Rest home,” as defined in HMC 18.05.250. [Ord. 1659 § 1, 2017].

18.05.220 Definitions – O.

(A) “Open space” means a portion of a development site or lot that is permanently set aside for public or private use and will not be developed. Open space may be designated for community recreation, preserved as green space, or used as temporary or permanent storage of storm water.

(B) “Outdoor advertising” means a sign which directs attention to a business, commodity, service, entertainment, or idea conducted, sold, or offered elsewhere than upon the premises upon which the sign is located.

(D) “Outdoor sales” means the sale of retail or wholesale merchandise of any kind, not wholly within a permanent, fully enclosed structure.

(E) “Overlay district” means a special zoning district with legally established boundaries and supplementary regulations which is superimposed upon the underlying zoning district(s). [Ord. 1659 § 1, 2017].

18.05.230 Definitions – P.

(A) “Parking area” means a group of parking spaces, which are exclusive of any part of a street or alley, designed or used for the temporary parking of motor vehicles.

(B) “Parking garage” means a structure where parking but not repairs is made available to the public.

(C) “Parking space” means an open space exclusive of the maneuvering aisle and driveway for the parking of a motor vehicle.

(D) “Pedestrian linkage” means any off-street pathway, trail, or similar continuous travel path that encourages pedestrian travel by connecting with various major and popular amenities and destinations.

(E) “Performance standard” means a criterion established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, and glare or heat generated by or inherent in the use of land or buildings.

(F) “Personal property” means any assets or belongings, both tangible and intangible, that are movable.

(G) “Planned unit development” means a tract of land which is developed as a unit under single ownership or control, which includes two or more principal buildings or uses, and which conforms to the regulations set forth in Chapter 18.70 HMC.

(H) “Plat” means a map indicating the subdivision or resubdivision of land filed or intended to be filed for record with the county recorder.

(I) “Plaza” means an open space available for civic purposes and commercial activities. A plaza shall be spatially defined by building frontages. Its landscape shall consist primarily of pavement, public arts, and other features. Plants are typically optional.

(J) “Primary entrance,” or main entrance to a building, means the building entrance where the highest levels of ingress and egress are designated or anticipated to occur.

(K) “Primary facade” means the facade of the building that faces the street listed as the official address of the building, and includes the main entrance to said building, except where such building is located on a corner lot, in which case, facades facing both streets are considered primary facades.

(L) “Principal building” means a building in which the principal use of the lot or parcel on which it is located is conducted. Standards recognized by the Indiana Department of Fire Prevention and Building Safety shall be used to determine whether a given structure constitutes one or more buildings in cases where ambiguities exist.

(M) “Principal use” means that use which occupies the majority of floor area or square footage of said building or lot respectively.

(N) “Private camp” means an area of land used or designed to be used to accommodate groups or organized camping parties, including cabins, tents, food service, and recreational services.

(O) “Private garage” means a garage whose principal use is to house motor vehicles for the accommodation of related dwelling units or related business establishments.

(P) “Private school” means any school which is not a public school.

(Q) “Professional office” means an office used by members of a recognized profession including but not limited to architects, artists, dentists, engineers, insurance agents and brokers, lawyers, musicians, pharmacists, physicians, realtors, and surgeons.

(R) “Public improvement” means any drainage ditch, street, highway, parkway, sidewalk, pedestrian-way, tree, lawn, off-street parking area, underground utilities, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.

(S) “Public school” means an institution conducting regular academic instruction at kindergarten, elementary, and secondary level, primarily supported by public funding.

(T) “Public space” means an open outdoor area intended primarily for pedestrian activity which often includes landscaping, trees, walkways, plazas, places to sit, and sometimes shopping. Public space is typically made available to the general public to provide access from sidewalks and are visible from adjacent streets. [Ord. 1659 § 1, 2017].

18.05.240 Definitions – Q.

Reserved. [Ord. 1659 § 1, 2017].

18.05.250 Definitions – R.

(A) “Railroad right-of-way” means a strip of land with tracks and auxiliary facilities for track operations, but not including depots, loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops, or water towers.

(B) “Rain garden” means a depressed and vegetated area designed for the temporary detention of surface runoff water.

(C) “Recreational vehicle” means a portable vehicular structure designed as a temporary dwelling for travel and vacation uses which is identified on the unit by the manufacturer as a travel trailer or a motor home, and is of a size that is street legal, and is a structure mounted on an automobile or truck, and is designed to be used for sleeping and human habitation.

(D) “Recreational vehicle park” means an area of land on which two or more recreational vehicles are regularly accommodated with or without charge, including any building, structure, fixture, or equipment that is used or intended to be used in connection with providing such accommodation.

(E) “Recycling box” means a large container or receptacle placed outdoors in a public location for people to drop off unwanted materials for recycling.

(F) “Regulatory flood” means that flood having a peak discharge which can be equaled or exceeded on the average of once in a 100-year period, as calculated by a method and procedure which is acceptable to and approved by the Federal Emergency Management Administration. This flood is equivalent to a flood having a probability of occurrence of one percent in any given year.

(G) “Regulatory floodway” means the channel of a river and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge peak flow of the regulatory flood of any river or stream, and is that area covered by floodwaters in significant downstream motion.

(H) “Regulatory floodway fringe” means the area adjacent to the floodway which is significantly covered by volumes of stored water during the occurrence of the regulatory flood.

(I) “Rest home,” “nursing home,” “convalescent home,” “institution for the aged or for children” means an institution where infirm persons or the aged or children reside, where in-patient physician and nursing care may be provided to persons suffering from physical or mental ailments, where daily out-patient physician and nursing care may be provided, and where administrative and staff offices and living quarters operating as an integral part of such institution may be provided. For the purpose of this title, the term “rest home” shall include the term “day care center,” an institution where daily out-patient nursing care is provided.

(J) “Restaurant” means any land, building, or part thereof other than a boarding house, where meals are prepared and sold to the public for consumption on the premises, or sold as a carry-out including a cafe, cafeteria, coffee shop, lunch room, drive-in stand, tea room and dining room.

(K) “Resubdivision” means the changing of any existing lot or lots of any subdivision plat previously recorded with the county recorder.

(L) “Riparian” means a naturalized area, normally a wetland, adjacent to a river or stream. [Ord. 1659 § 1, 2017].

18.05.260 Definitions – S.

(A) “Sanitarium” means an establishment for the medical treatment of people who are convalescing or have a chronic illness.

(B) “Setback” means the minimum horizontal distance between the lot or property line and the nearest front, side, or rear line of the building (as the case may be), including porches or any covered projection thereof, excluding steps.

(C) “Shared parking” means a parking lot or structure that is used by multiple businesses and developments at the same time.

(D) “Short-term rental housing” or “vacation housing” means an owner-occupied residential dwelling unit, or portion thereof, that is rented out from time to time for compensation to tourists, travelers, and the like on a temporary basis not exceeding seven days.

(E) Sign. A “sign” is a name, identification, description, display or illustration which is affixed to, painted or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business. However, the term “sign” shall not include any display of official court or public notices, or legal notices nor shall it include the flag, emblem or insignia of a nation, political unit, school or religious group. A sign shall not include a sign located completely within an enclosed building, except for window signs as described in Chapter 18.85 HMC. Each display surface of a sign shall be considered to be a sign. However, a double-faced sign shall be measured by the largest silhouette said sign may produce.

(F) “Sign, abandoned” means a sign, including all poles, frames, supports, and other structural, electrical, mechanical elements, that is unused for a period of six months or greater.

(G) “Sign, advertising/billboard” means a sign permanently attached to a building, to the ground, or to a permanent structure having a location upon the ground, advertising a business, product, service or event not available on the premises where the sign is located.

(H) “Sign, animated” means a sign which any part of is electrically or mechanically activated.

(I) “Sign, awning” means a structure made of cloth, metal, or other material attached to a building which is so erected as to permit its being raised or retracted to a position against the building when not in use.

(J) “Sign, banner” means a sign made of cloth, fabric, paper, nonrigid plastic or similar types of materials which is secured to a structure or posts.

(K) Sign, Bag. See “Sign, sleeve.”

(L) “Sign, balloon” means any sign that is inflated to its full shape and size. Balloon signs may either be weighted to the ground or allowed to float in the sky or air.

(M) “Sign, blade” means a projecting sign mounted to a building facade with sign faces displayed generally perpendicular to the building facade.

(N) “Sign, bench” means a sign attached to or painted upon a bench or seat which is located outside a building or structure.

(O) “Sign, business” means an accessory sign which directs attention to a business or profession conducted or to a commodity, service, or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.

(P) “Sign, canopy” means a structure consisting of a roof or hood of permanent construction supported separately from the primary building on a lot, for the purpose of providing shelter and protection from weather.

(Q) “Sign, changeable copy” means a sign whereon provision is made for letters or characters to be placed in or upon the surface area either manually or electronically to provide a message, illustration, picture, or display.

(R) “Sign, construction” means a sign displayed on an active construction site.

(S) “Sign, flashing” means any internally or externally illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this title, any revolving, illuminated sign shall be considered a flashing sign.

(T) Sign, Freestanding. See “Sign, ground.”

(U) “Sign, ground” means a sign mounted on freestanding pylons, pipes, piers, posts, or other self-supporting structures not attached to a building (also called freestanding or pole signs).

(V) “Sign, illuminated (external)” means a sign illuminated by an external source which is cast upon the surface of the sign.

(W) “Sign, illuminated (internal)” means a sign illuminated by light sources not directly visible, or any part which is made of incandescent, neon, or other types of lamps; or a sign with painted, flush, or raised letters lighted by an electric lamp attached thereto; or a sign having a border of incandescent or fluorescent lamps.

(X) “Sign, marquee” means a roof-like structure of permanent construction projecting from the wall of the building but not supported by the ground or the sidewalk serving a purpose of providing shelter and protection from the weather.

(Y) “Sign, monument” means a sign that is supported by a solid masonry base (foundation) which is secured to the ground.

(Z) “Sign, moving” means a sign which rotates or moves or gives visual impression of rotation or movement.

(AA) “Sign, obsolete” means a sign that no longer advertises a use contained on site.

(BB) “Sign, outdoor advertising” means a structural poster panel or painted sign, either freestanding or attached to a building, for the purpose of conveying information, knowledge, or ideas to the public about a subject unrelated to the activities on the premises on which it is located.

(CC) “Sign, people” means a sign that is held by a person or mannequin.

(DD) “Sign, portable” means a sign that is not permanently affixed to a building, structure, or the ground and is generally designed to be moved from place to place, including sandwich signs, trailer signs, and signs affixed to a vehicle. These signs include but are not limited to signs attached to frames designed to be self-supporting and/or movable signs constructed from any material type that may be wrapped around or attached to supporting poles; signs temporarily attached either on the interior or exterior of cars, vans or other motor vehicles when the vehicle is parked in a position to call attention to a place of business, service or event, and inflatables used as promotional devices.

(EE) “Sign, projected-image” means a sign where its content is projected onto a wall or other flat surface.

(FF) “Sign, projecting” means a sign supported by a building or other structure which projects over any street, sidewalk, alley, public way or easement, or which projects more than eight inches from the face of the building, structure, or supporting wall.

(GG) “Sign, public” means a sign, either permanent or temporary, which is authorized or erected by public officials of the federal, state or civil town government for the public safety, health and welfare, and general information. These include but are not limited to traffic signs, other municipal signs, railroad crossing signs, danger signs, and other nonadvertising signs.

(HH) “Sign, principal” means the main, largest sign that is designated for a building or individual use.

(II) “Sign, roof” means a sign erected, constructed, or maintained in whole or part upon or over the roof of a building or structure.

(JJ) “Sign, sandwich board” means a sign located at grade level constructed in such a manner as to form an “A” by separating two opposing sign faces by supporting structural members.

(KK) “Sign, sleeve” means a sign that wraps around, covers, or envelops an existing sign or merchandise located on the exterior of the building.

(LL) “Sign, skyline” means a flat-mounted sign at the top floor of a building which does not project above the cornice or parapet of the building.

(MM) “Sign, temporary” means a nonilluminated sign intended for short-term use, not to exceed 30 days.

(NN) “Sign, wall-mounted building entry” means a sign that is permanently mounted at the primary entrance of a building.

(OO) “Sign, wall-painted” means any sign painted on the exterior wall of any building or structure. A wall sign shall be considered anything which represents that which relates to the function of or product of the business housed therein.

(PP) “Sign, window” means a sign that is attached to, suspended behind, placed, or painted upon the window or glass door of a building, and is intended for public view from the exterior of the building.

(QQ) “Sign, yard” means a temporary sign intended for display in the front yard of a lot.

(RR) “Stepback” means the minimum horizontal distance between the two faces of a building.

(SS) “Street” means a public right-of-way which affords a primary means of access to abutting property.

(TT) “Street, boulevard” means a street with two distinct lanes of traffic, flowing in opposite directions, which are separated by a physical barrier.

(UU) “Street, collector” means a street which primarily collects traffic from local streets and transfers it to the arterial street network.

(VV) “Street line” means the line separating a zoning lot or parcel from the street.

(WW) “Street, local” means a street primarily used to provide direct access to abutting properties, usually residential.

(XX) “Street, minor arterial” means a street which carries moderately high volumes of through traffic movements from collectors to principal arterials, with limited or controlled access.

(YY) “Street, principal arterial” means a street which serves high traffic volume corridors, and connects major population centers and traffic generators, with limited or controlled access.

(ZZ) “Street, public” means a street established for or dedicated to the public use.

(AAA) “Street wall height” means the height of the front-most building facade located along or within 10 feet of a public right-of-way.

(BBB) “Structural change or alteration” means the substantial change of a supporting member of a building which would add to or prolong the life of the structure, such as a bearing wall or partitions, column, beam, or girder, or in an exterior wall or the roof. This does not include normal upkeep and repair.

(CCC) “Structure” means anything constructed or erected which requires location on the ground or which is attached to something having a location on the ground. For the purpose of this title, a structure shall include signs of all kinds.

(DDD) “Subdivision” means the division of a parcel of land into two or more lots, parcels, sites, units, plats, or interests for the purpose of offer, sale, lease, or development, either on the installment plan or upon any and all other plans, terms, and conditions, including resubdivision.

(EEE) “Substantial modification” means any alteration, repair, enlargement, or extension of an existing building. Such modification is considered to occur when the first alteration of any wall, ceiling, floor, or other structural element of the building commences. This term does not include any project designed to bring an existing building into compliance with existing health, sanitary, or safety codes, nor does it include any alteration of a structure as a result of its listing as a historic place, or as architecturally, culturally, or archaeologically significant. [Ord. 1659 § 1, 2017].

18.05.270 Definitions – T.

(A) “Tavern” or “bar” means a building wherein intoxicating liquors are sold to be consumed on the premises, not including restaurants where the principal business is serving food.

(B) “Town” means the town of Highland, Indiana. Shall also refer to a duly appointed administrative representative or building official, whether appointed or employed, who is assigned the duties and responsibility of the review, inspection and enforcement of planning, zoning, and building activities within the town of Highland, Indiana.

(C) “Townhome” means a low-density multifamily residential land use characterized by occupant ownership. Townhomes are distinguished from condominiums by including a small portion of land in the ownership of the unit’s occupant, with the remaining property held in common.

(D) “Toxic or radioactive materials” means those materials which are capable of causing injury to living organisms by chemical means and/or radioactive emissions when present in relatively small amounts.

(E) “Trade or business school” means a 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 nonprofit organization; or a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering, hairdressing, or drafting, or for teaching industrial or technical arts.

(F) “Transit access” means any design accommodation that promotes the use of public transit.

(G) “Tree, canopy” means a tree with an average mature height greater than 50 feet, providing thick foliage in the crown and large quantities of shade on the ground.

(H) “Tree, evergreen” means a tree that maintains its foliage throughout the calendar year.

(I) “Tree, ornamental” means a tree, typically less than 30 feet at mature height, planted predominantly as a decorative accent based on the flowers, texture, form, shape, or other similar characteristic.

(J) “Tree, street” means a canopy tree intended to be planted within a parkway, or within 10 feet of a street curb.

(K) Tree, understory. See “Tree, ornamental” as defined in this chapter. [Ord. 1659 § 1, 2017].

18.05.280 Definitions – U.

(A) Use. The “use” of property is 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 or performance of such activity with respect to the performance standards of this title.

(B) “Use, principal” means the main use of land or buildings as distinguished from a subordinate or accessory use.

(C) “Use variance” means the approval of a use other than that prescribed by this title, set forth in greater detail in HMC 18.115.050. [Ord. 1659 § 1, 2017].

18.05.290 Definitions – V.

(A) “Variance” means the specific approval granted by the board of zoning appeals, in the manner prescribed by this title, to deviate from the development standards (such as height, bulk, or area) that this title otherwise prescribes.

(B) Visibility at Intersections. A triangular area at each intersection corner of corner lots shall be kept free of any visual impediment between the height of two feet and 12 feet measured from the curb gutter or edge of pavement elevation. This triangle shall be determined by measuring 15 feet along each intersecting right-of-way line and connecting at a 45-degree angle the two measured points. [Ord. 1659 § 1, 2017].

18.05.300 Definitions – W.

(A) “Wetland” means an area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of hydrophytic vegetation that is typically adapted for life in hydric soil conditions. Wetland areas are normally identified in the National Wetland Inventory Map or as they are delineated by the US Army Corps of Engineers under the provisions of Section 404 of the Clean Water Act. Wetlands generally include marshlands, swamps, bogs, and similar areas. [Ord. 1659 § 1, 2017].

18.05.310 Definitions – X.

Reserved. [Ord. 1659 § 1, 2017].

18.05.320 Definitions – Y.

(A) “Yard” means an open space on a zoning lot which is unoccupied and unobstructed from the ground level or lowest level otherwise specified, to the sky, except as otherwise allowed in HMC 18.05.060(G)(5), Permitted Obstruction in Required Yards. A yard extends along a lot line at right angles to such lot line to a depth or width specified in the yard regulations for the zoning district in which such zoning lot is located.

(B) “Yard, front” means a yard extending along the full length of the front lot line between the side lot lines.

(1) Where 25 percent or more of the lots in a block are occupied by buildings, the average setback of such buildings determines the dimensions of the front yard in the block; however, if there is no other building within 330 feet of the proposed building in either direction, then the standard setback for the district shall apply.

(2) Front yard or building setback lines established in recorded subdivisions establish the dimension of the front yards in such subdivisions, except when such building setback lines may be less restrictive as provided in the applicable district.

(D) “Yard, side” means a yard extending along a side lot line from the front yard (or front lot line when there is no front yard) to the rear yard (or rear lot line when there is no rear yard). [Ord. 1659 § 1, 2017].

18.05.330 Definitions – Z.

Reserved. [Ord. 1659 § 1, 2017].