§ 151.005. DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED VEHICLE. A vehicle at least six model years old, unlicensed or mechanically inoperable, and left on private property continuously in a location visible from public property for more than ten days.

ABANDONMENT. A non-conforming use shall be considered abandoned when;

(1) The use of the property is replaced by a conforming use; or

(2) The building or premises are left vacant for six months; and

(3) Most of the equipment and furnishings have been removed and not replaced. This definition applies only to nonconforming uses.

ACCESS ROAD. A road or easement that provides access to a parcel of land that is a minimum of 12 feet in width.

ACCESSORY USE, COMMERCIAL. A subordinate use that relates to the same lot as a primary use and is used other than the primary use. An ACCESSORY USE shall be in the same category as the primary use - residential, retail business, food, government, etc. Whenever two uses are different, it shall be considered two primary uses and each must be considered a primary use.

ACCESSORY USE, RESIDENTIAL. A subordinate use that relates to the same lot as a primary use and is used other than for human occupancy. ACCESSORY USE for dwelling shall consist of garage, carport, storage building, swimming pool or similar use compatible to family dwelling.

ADULT BOOK STORE. An establishment having as a substantial or significant portion (more than one-fourth) of its stock and/or sales in pictures (still or motion), books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to SPECIAL SEXUAL ACTIVITIES, or SPECIFIED ANATOMICAL AREAS, or an establishment with a segment or section (one-fourth or more of its floor space) devoted to the sale or display of such material. There shall be no more than one establishment located in any one block.

(1) SPECIAL SEXUAL ACTIVITIES.

(a) Human genitals in a state of sexual stimulation or arousal;

(c) Acts of human masturbation, sexual intercourse or sodomy;

(c) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(2) SPECIFIED ANATOMICAL AREAS.

(a) Less than completely and opaquely covered human genitals or pubic region; buttock; and female breast below a point immediately above the top of the areola;

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

AGRICULTURE. An activity for profit, but not limited to:

(1) The raising of trees, vines and crops of any kind;

(2) The maintaining, breeding and raising of poultry and livestock of any kind;

(3) The harvesting, curing, processing, packaging, shipping, packing and selling of agricultural products for profit, produced on the premises.

AGRICULTURE BUILDING. A structure utilized for the conduct of farming operations for the purpose of housing farm animals, feed, and farm equipment, but does not include a dwelling or garage.

AIRCRAFT. A contrivance intended for use or designed for navigation of or flight in the air or outer space, by humans, including missiles and all hobby planes.

AIRPORT. Any area which is used or intended to be used for takeoff and landing of aircraft, including helicopters, and any appurtenance areas which are used or intended to be used for airport buildings or facilities, including open spaces, taxiways, and tie down areas.

ALLEY. A right-of-way other than a street, road, crosswalk, or easement, that provides secondary access for the special accommodation of the abutting property.

AMUSEMENT CENTER. An establishment where the business is to provide entertainment for recreation such as bowling, pool, billiards, video games or other similar games or devices.

AMUSEMENT PARK. A commercial establishment where the business is any outdoor activity used for recreation purpose.

ANIMAL CONTROL FACILITY. A parcel of land where animals are kept in a structure or outside pens for the purpose of providing care, shelter and confinement while waiting for ownership claim, quarantine or other confinement.

APARTMENT HOUSE. The same as DWELLING, containing three or more units or efficiency apartments where more than one different family resides.

ARCHERY RANGE. A place indoor or outdoor where the public may participate in the art of shooting bow and arrow.

AUTOMATIC CAR WASH. A building or portion thereof, where automobiles are washed by mechanical devices of any kind.

AUTOMOBILE BODY SHOP. A building where minor or major repair is made to a vehicle that has been wrecked, damaged or in need of registration because of element deterioration. Paint booth shall be in accordance with state guidelines. Hold area shall be completely enclosed by a six-by-six foot privacy fence.

AUTOMOBILE DEALERSHIP. A lot where a franchise for new and used vehicles are sold and serviced.

AUTOMOBILE HOLD AREA. A fenced or enclosed area where wrecked, damaged or impounded vehicles are stored or kept for a period of time waiting for insurance, title or police release or being held as an abandoned vehicle.

AUTOMOBILE PARTS STORE. A building where automobile parts and accessories are sold and no maintenance is performed.

AUTOMOBILE REPAIR SHOP. A building that is completely enclosed where major or minor repairs are made to vehicles. All vehicles on the hold lot shall be licensed and held in a hold area completely enclosed by a six-by-six foot privacy fence.

AUTOMOBILE SALES AND SERVICE LOT. A lot in which new or operable used vehicles are sold and no more than 20% of the trade is dedicated to minor repair.

AUTOMOBILE SALES LOT. A lot arranged, designed or used for the display or for sale of operable motor vehicles where no repair work is done. This shall not include trucks over one ton.

AUTOMOBILE TIRE SALES AND REPAIR SERVICE. A building where new and used tires are sold or repaired. All used or discarded tires shall be stored inside a fenced storage area.

BED AND BREAKFAST. A residential building converted to a lodging house, available to transients, which includes the morning meal and where a portion of the premises may be used by the person for a social, literary purpose, provided that the social or literary purpose does not exceed more than 35 guests and excluding the sale of alcoholic beverages through any means.

BLOCK. An area that abuts a street and lies between two adjoining streets or barriers such as a railroad right-of-way or a waterway.

BOARD. The Board of Zoning Appeals.

BOARDING HOUSE. A building available to transients in which lodging and meals are regularly provided for compensation, for at least 3, but not more than 15 persons.

BUILDING. A roofed structure for the shelter, support, enclosure or protection of persons, animals or property.

BUILDING, DETACHED. A building having no structural connection with another building.

BUILDING, MAIN. A building constituting the principal use on the lot. Only one principal use building may be placed on any lot or parcel of land. All other buildings must be subordinate to the main building. (See also ACCESSORY USE)

BUILDING, NONCONFORMING. A legally existing building which fails to comply with the regulations set forth in this chapter applicable to the district in which such building is located.

BUILDING AREA. A lot or parcel of land where a building may be used for constructing a building where all building requirements can be met and authorized by this chapter. In unincorporated area, BUILDING AREA shall have a minimum of 50 feet access from a county road or street and can be no less than 150 by 200 feet in size.

BUILDING HEIGHT. The vertical distance measured from the adjoining street center-line grade at a point opposite the principal frontage of the building to the highest point of the ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the main height level between the eaves and ridges of a gable, hip or gambrel roof. The building may be measured from the average elevation of the finished lot grade at the front of the building.

BUILDING LINE. The line nearest the street and across a lot establishing the minimum open space to be provided between buildings and specified structures and street lines.

BUILDING LOT. A parcel of land that has been divided into a lot by subdivision or metes and bounds approved by the Plan Commission for the purpose of building some type of structure.

BUSINESS. The purchase, sale or exchange or goods, or services, or the maintenance for profit of offices or recreational or amusement enterprises.

BUSINESS, WHOLESALE. A business establishment that generally sells commodities, including but not limited to perishable or flammable, in large quantities or by the piece to retailers, jobbers, other wholesale establishments, or manufacturing establishments. The commodities are basically for further resale, for use in the fabrication of a product, or for use by a business service.

BUSINESS DISTRICT. B1, B2 and B3 districts.

CAMPGROUND. An area of land used or designed to be used to accommodate three or more camping units, including cabins, tents, travel trailers, or other camping outfits.

CARPORT. A structure with a roof which is unenclosed or partly enclosed, attached to a dwelling or other structure, or unattached for the purpose of providing protection for a motor vehicle or other goods.

CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes including a columbarium, crematory, mausoleum, or mortuary operated in conjunction with and on the same tract as the cemetery.

CERTIFICATE OF OCCUPANCY.A certificate issued by the Zoning Administrator stating that the occupancy and uses of the land or a building or structure referred to therein complies with the provisions of this chapter as set forth in § 151.044.

CHILD CARE CENTER. A building where four or more children receive child care from a provider:

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

(2) For regular compensation; and

(3) For more than four but less than twenty-four hours in each of ten consecutive days per year, excluding intervening Saturdays, Sundays, and holidays.

CHILD CARE HOME. A residential structure in which at least four children (not including the children for whom the provider is a parent, stepparent, guardian, custodian or other relative) but not more than 12 children including the children for whom the provider is a parent, stepparent, guardian, custodian or other relative, all of whom are less than 11 years of age, at any time receive child care from the provider:

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

(2) For regular compensation; and

(3) For more than four but less than twenty-four hours in each of ten consecutive days per year, excluding intervening Saturdays, Sundays, and holidays.

CHILDREN'S HOME or CHILD CARING INSTITUTION. Any children's home, orphanage, institution or other place maintained or conducted by any group or person engaged in receiving and caring for dependent, neglected, handicapped children or children in danger of becoming delinquent or in operating for gain a private business of boarding children who are unattended by parent or guardian, or person in loco parentis, except licensed foster homes.

CHURCH. A building together with its accessory buildings and uses, where persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship.

CLINIC. An establishment in which patients are admitted for study or treatment of a disease, disorder or disability, and in which services, of at least two physicians, dentists or chiropractors are provided.

CLUB. A building or portion thereof or premises owned or operated by a person for social, literary, political, educational or recreational purposes primarily for the exclusive use of members and guests, including the sale of alcoholic beverages.

COMMERCIAL VEHICLE. Any vehicle over one ton used for commercial use including, but not limited to tractor-trailers, dump trucks, semis, and school buses.

COMMISSION. The Plan Commission of the City of Peru, Indiana.

COMMON COUNCIL. The Common Council of the City of Peru, Indiana.

COMPREHENSIVE PLAN. A plan recommended by the Plan Commission and adopted by the Common Council, in accordance with the laws of the state, for the promotion of the public health, safety, morals, convenience, order, or the general welfare and for the sake of efficiency and economy in the process of development. The Plan Commission shall prepare a comprehensive plan, which may include policies for:

(1) The development off public ways, public spaces, public structures, and public and private utilities;

(2) The issuance of improvement location permits on platted and unplatted lands, and

(3) The laying out and development of public ways and services to platted and unplatted land.

CONDOMINIUM. Ownership in common with others of a parcel of land and certain parts of a building thereon which would normally be used by all the occupants, such as yards, foundations, basements, floors, walls, hallways, stairways, elevators and all related common elements, together with individual ownership in fee of a particular unit.

CONFINEMENT FEEDING. The feeding of animals grown for food, fur or pleasure purposes in lots, pens, ponds, sheds, or buildings where feed is supplied to them by means other than grazing. For the purpose of this chapter, CONFINEMENT FEEDING shall be limited to the confined feeding of 300 or more cattle; 600 or more swine or sheep; or 30,000 or more fowl. These numbers have been established by P.L. 175, Act of the 1971 Indiana General Assembly. In the event that said Act is amended, this chapter shall be deemed amended so that it is in conformity with said Act. Restrictions on CONFINEMENT FEEDING are set forth in § 151.068

Editor's note:

P.L. 175, Act of 1971 (IC 13-1-5.7-1 through 13-1-5.7-7) was repealed in 1996. For current provisions regarding confined feeding control, see IC 13-18-10-1 through 13-18-10-6.

CONVENIENCE STORE. A retail business where gas, bread, dairy products and other small convenient items are sold.

CORRECTIONAL FACILITY. A building or structure used to house prisoners who may be incarcerated for a given period of time.

CUL-DE-SAC. A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement, including public safety vehicles.

DAY CARE CENTER. An agency, organi zation, or private individual providing care for more than 17 children not related by blood or marriage to, or not the legal wards or foster children of the attendant adult.

DISCARDED USED PROPERTY. Paper, trash, household furniture or appliances, vehicle parts, wood products, metal or other similar products.

DISTRICT or ZONES. An area within which there are uniform regulations governing the use, height, area, size and intensity of the use of buildings and the land and open space about the buildings. (See §§ 151.040 and 151.041.)

DRIVE-IN RESTAURANT. A building or structure in which food and/or drink are primarily prepared for sale and human consumption under one or more of the following conditions:

(1) Within vehicles on the premises with such structure;

(2) On the premises outside of such structure;

(3) Take-out restaurants for human consumption off the premises;

(4) Access driveways to windows for pickup orders.

DRIVEWAY. That minimum area of land required to provide reasonable access from the street to the dwelling.

DRY CLEANERS. A place where material such as clothes, drapery or other similar products that are dropped off for cleaning and processing.

DUMP, OPEN. Any premises or portion thereof used for the disposal or storage of garbage, sewage, trash, refuse, waste material of any kind, junk, discarded machinery, vehicles or vehicle parts thereof, offal, dead animals, or hazardous materials by abandonment, discarding, bumping reduction, burial, incineration, or any means and for whatever purpose which does not conform to the requirements and specifications as set forth in this chapter.

DWELLING. A place or part of a building that is used primarily as a place of abode, but not including a hotel, motel, bed and breakfast, lodging house, boarding house or tourist home as defined in this chapter.

DWELLING, MULTI-FAMILY. A single building consisting of three or more dwelling units, with varying arrangements of entrances and party walls.

DWELLING, SINGLE-FAMILY. A building consisting of a single dwelling unit only, separated from other dwelling units by open space.

DWELLING, TWO-FAMILY. A dwelling that is designed or converted into two separate dwellings for occupancy of two family units which may be separated by walls, carport or garage.

EASEMENT. An authorization granted by the property owner for the use by another of any designed use or interest of his property for clearly specified purpose(s).

ENLARGEMENT or TO ENLARGE.ENLARGEMENT means an addition to the floor area of an existing building and increase in the size of any structure, or an increase in that portion of a tract of land occupied by an existing use. To ENLARGE is to make an enlargement.

FAMILY. One or more persons living as a single housekeeping unit, but not including a group

FARM, DWELLING. A residential dwelling on a parcel of land of ten acres or more zoned agriculture.

FARM, GENERAL. An area ten acres or more which is used for growing of the usual farm products such as vegetables, fruit trees and grain and their storage facilities, as well as the usual farm poultry and farm animals such as horses, cattle, sheep and swine.

FARMLAND, PRIME. Land best suited for food, feed, forage, fiber and oilseed crops which produce the highest yields with minimal input of energy and economic resources, and farming it results in the least damage to the environment. Soil type and distance play a major role in defining prime farmland, which shall be labeled as A1 District and shall have no other uses authorized except agriculture use.

FAST-FOOD ESTABLISHMENT. A drive-in or other fast-food establishment permitting consumption of or carryout from the premises.

FENCE. An exterior barrier, supported by vertical posts or columns with a supporting sub-structure for attaching and securing materials made of pre-treated, stained or painted wood, vinyl, aluminum, metal, decorative steel, wrought iron, etc., for establishing or making a barrier and/or boundary for uses such as an enclosure area for privacy, decorative, landscaping, protection of yards, pools, pets, livestock, sports, security, business, industrial, and commercial purposes.

FITNESS CENTER. A structure used for the development of the body or mind which may include fitness equipment, spas, suntan booths, swimming pools, tracks and any other activity used in developing the body.

FIREWORKS BUSINESS. A place or booth where fireworks, such as a roll of paper containing an explosive set off as a noisemaker or celebration, are kept, stored or sold. See restrictions on roadside stands as set forth in § 151.069.

FLEA MARKET. The retail sale of used merchandise from individually rented space of land or structure that is open for business more than twice in any one calendar year.

FLOOD FRINGE. Those portions of the flood hazard area lying outside the floodway, shown on the floodway-flood boundary maps of the Federal Insurance Administration.

FLOOD PLAIN. The area adjoining a river or stream which has been or may hereafter be covered by floodwater from the regulatory flood.

FLOODWAY. The channel of a river or stream and those portions of the floodplain adjoining the channel which are reasonably required to efficiently carry and discharge the peak flow of the regulatory flood of any river or stream shown on the floodway- flood boundary maps of the Federal Insurance Administration.

FOUNDATION. The supporting member of a wall or structure.

FOWL. A domestic cock or hen, or any of several domesticated or wild birds.

FUNERAL HOME. A dwelling or structure used and occupied by a professional licensed mortician for burial preparation and funeral services.

FUR BEARING PROPERTY. The raising or keeping of fur bearing animals for the purpose of sale, collecting pelts to be used in the manufacture of clothing or for food supply.

GROUND FLOOR AREA. The area of a building in square feet as measured in a horizontal plane, at the ground level within its largest outside dimensions, exclusive of open porches, breezeways, terraces, garages, and exterior stairways.

GROUP HOME. A facility occupied by eight or less persons which may be licensed by the department of state or local government to provide a family-like and long term living environment to individuals who are not related to the head of household and who are developmentally disabled, mentally ill, aged, blind, deaf, or in need of adult supervision; which provides room and board and other services in accordance with their individual needs and alternative family programs; and semi-independent living programs as defined by IC 16-13-22-1(2). No group home may be located within 3,000 feet of any other similar facility in any residential area.

Editor's note:

I.C. 16-13-22-1(2), referred to in the definition of GROUP HOME, was repealed in 1992. For current provisions regarding community residential programs for the developmentally disabled and mentally ill, see I.C. 12-11-1-1 et seq., 12-22-2-1 et seq., and 12-28-4-1 et seq.

HALFWAY HOUSE. A facility occupied by eight or less persons to provide a family-like and short term (under six months) living environment to individuals, who are not related to the head of household , for rehabilitation or in need of supervision, which provides room and board. No halfway house may be within 3,000 feet of any other similar facility in any residential area.

HAZARDOUS WASTES. Any solid or liquid waste with inherent dangers, including, but not limited to toxic chemicals, explosives, pathological wastes, radioactive materials, materials likely to cause fires, liquids, semi-liquids, sludge containing less than 30% solids, pesticides, pesticide containers, raw animal manure, septic tank pumping, and raw or digested sewage sludge.

HEIGHT. With respect to a building, the vertical distance measured from elevation of the finished grade of the ground to the highest point of the roof; with respect to other than buildings, measured to the highest point of the structure.

HOME AGRICULTURE USE. The raising or keeping of not more than two livestock animals; (i.e., ungulate mammal); or fifteen fowl on an area three acres or more, zoned agricultural. Home agriculture uses shall not be authorized in any residential subdivision or within the confines of the city limits.

HOME OCCUPATION. A use conducted entirely within an enclosed dwelling, employing only the family inhabitants thereof which is clearly incidental and secondary to residential occupancy and does not change the character thereof. Specifically excluded is the storage and displays of merchandise not produced by such home occupation, any activity involving any building alterations, window display, equipment, machinery or outdoor storage. Dancing and band instrument instruction, nursing homes, tea rooms, tourist homes, animal hospitals, kennels, automobile repair and body shops, and retail businesses, trade, or sale of items not produced on the premises shall not be considered home occupations except as outlined in § 151.075.

HOME PROFESSIONAL OFFICE. A portion of a dwelling used as a professional office by the occupant of the dwelling, which use does not change the residential character of the dwelling. Some examples of professional offices may be an accountant, bookkeeper, surveyor, insurance salesman, attorney, and other similar uses. For provisions on signs, see § 151.073.

HOME WORKSHOP. A use conducted entirely within a dwelling or in an accessory building located on the same lot, parcel, or tract of land as the dwelling used for residential purposes, provided the home workshop is clearly incidental and secondary to the use of the property for residential purposes and does not change the character thereof or have any exterior evidence. Home workshops may not exceed more than 500 square feet of gross floor area. They shall not have anyone employed. Home workshops may not create any noise, odor, or other nuisances beyond the premises that could cause a hazard to the public health, safety or welfare. Some examples of home workshops may be, seamstress, woodcraft, interior decorator, arts and crafts, one chair beauty shop, and other similar uses.

HOSPITAL. A place which provides overnight medical or surgical facilities, which care for sick or injured persons.

HOSPITAL, ANIMAL. A place with overnight facilities for the medical or surgical care for sick or injured animals.

HOTEL or MOTEL. A building or group of buildings in which lodging is provided and offered to the public for compensation, and catering primarily to the public traveling by motor vehicle.

IMPACT ZONE. A geographic area designated where a monetary charge imposed on new development by a unit to defray or mitigate the capital cost of infrastructure that is required as outlined in IC 36-7-4-1307 through 36-7-4-1342.

IMPROVEMENT. Any building, structure, work of art or other object constituting a physical alteration of real estate or change of use.

IMPROVEMENT LOCATION PERMIT. A permit issued by an official of Miami County, who has the responsibility for enforcing this chapter and authorizing an improvement.

INDUSTRIAL PARK. An area of land used or designed for several manufacturing businesses that are located on the same or divided parcels of land.

JUNK. Includes but is not limited to scrap metals and their alloys, bones, rags, used cloth, rubber, rope, tinfoil, bottles, chemicals and plastic (discarded), old or used machinery, tools, appliances, fixtures, utensils, lumber, boxes or crates, pipes or pipe fittings, used tires, and manufactured goods that are worn, deteriorated or obsolete so as to make them unusable in their existing condition.

JUNKYARD. A place usually outdoors, where waste, junk, or discarded used property other than organic matter is accumulated and/or stored, including one or more unlicensed or inoperable vehicle(s).

KENNEL. A place where four or more dogs are kept or maintained for pets, breeding or sale of which three or more are more than 12 weeks old.

LANDFILL. See PRIVATE LANDFILL and SANITARY FILL.

LAUNDROMAT. A business that provides washer, dryer, dry-cleaning and/or ironing machines for hire to be used by the customers on the premises.

LOADING SPACE. An off-street space, at least 10 feet wide and 50 feet long, with a minimum height clearance of 14 feet, for the temporary parking of a commercial vehicle while loading or unloading merchandise or material, and which abuts on a street or other appropriate means of access.

LODGE. A social, fraternal or service-oriented organization primarily for the use of its members.

LOT. A parcel, tract, or area of land accessible by means of a street or place abutting upon a street or easement.

LOT, CORNER. A lot at the junction of and abutting two intersecting or intercepting streets.

LOT, COVERAGE. The percentage of the lot area that is occupied by buildings or structures.

LOT, INTERIOR. A lot other than a corner lot.

LOT, SETBACK LINE. The distance between a street line, property line or structure that shall be kept free from any construction.

LOT, THROUGH. A lot fronting on two parallel, or approximately parallel streets and includes lot frontage on both a street and a watercourse or lake.

LOT, WIDTH. The distance between the side lot line as measured on the building line.

LOT LINE, FRONT. The line separating the lot from the street. A corner lot shall be deemed to have only one front line. The front yard shall be deemed to mean the area from the front edge of the dwelling to the street.

LOT LINE, REAR. On an interior or corner lot, the lot line that is opposite the front lot line and farthest from it. Except for a triangular or other irregularly shaped lot, it shall mean the line ten feet long, parallel to the front lot line, and wholly within the lot, that is farthest from the front lot line. A through lot has no rear lot line.

LOT LINE, SIDE. A lot line other than front or rear lot line.

MANUFACTURED HOME.

(1) A dwelling unit, designed and built in a factory, which bears a seal certifying that it was built in compliance with the federal Manufactured Housing Construction and Safety Standards Law (42 U.S.C. 5401 et seq.). This seal is currently placed on the outside on the back left side. It is currently silver framed with a red background. Qualifying manufactured homes shall be classified either a Type I or Type II manufactured home as defined herein.

(a) Type I shall be a dwelling unit consisting of a double section or larger multi-section unit. These units may be either federally inspected manufactured homes or state inspected modular homes for the purpose of this section. Use of an "expando or add-a-room unit" in conjunction with a single-section manufactured home shall not be considered a qualifying dwelling unit for this classification.

(b) Type II shall be a dwelling unit consisting of a single section, either with or without expando or add-a-room units. A mobile home as defined in this section is a Type II manufactured home for the purpose of this chapter.

(2) OCCUPIED SPACE means the total area of earth horizontally covered by the structure, excluding accessory structures such as, but not limited to garages, patios, and porches.

(3) UNDERFLOOR SPACE means that space between the bottom of the floor joint and the earth.

(4) Any manufactured home placed on a lot or parcel of land shall meet the following restrictions:

(a) Contain at least 960 square feet of occupied space as manufactured per dwelling unit, and may be double-section or multi-section manufactured housing unit;

(b) Be constructed after January 1, 1981;

(c) Be placed onto a permanent under-floor foundation installed in conformance with the Indiana One and Two-Family Dwelling Code;

(d) Have wheels, axles and hitching mechanisms skirted or removed;

(e) Have skirting installed around the entire manufactured home.

MANUFACTURING PLANT. The processing and converting of any unfinished or finished materials or products, or any of these into an article or substance of different character, or for a different purpose. Also, industries furnishing labor in the case of manufacturing or the refinishing of manufacturing articles.

MASTER PLAN. The complete plan or any of its parts for the orderly development of the city as prepared by the Plan Commission and adopted in accordance with IC 36-7-4-500 series, and all acts amendatory thereof, as now or may hereafter be in effect.

MINERAL EXTRACTION. Mining or quarrying and removal of earth materials.

MINI-WAREHOUSE. A structure or enclosed storage area containing individually rented or owned compartments or stalls for storage only.

MODULAR HOME. A dwelling unit, designed and built in a factory, which bears an Indiana Modular Unit label, stating it was built in compliance with applicable state laws. This label is currently placed in the electrical box.

MOBILE HOME. Any dwelling unit, designed and built in a factory before January 1, 1981; or a dwelling unit built in a factory, which bears an Indiana Mobile Unit label. This label is currently placed in the electrical box.

MOBILE HOME DWELLING. A movable, detached dwelling unit, designed for long term occupancy (more than 45 days), built on a chassis at a factory, with or without a permanent foundation and consisting of a complete package with major appliances, plumbing and electrical facilities prepared for appropriate connections. The term is synonymous with trailer home.

MOBILE HOME PARK. An area of land on which five or more mobile homes are regularly accommodated with or without charge, including any buildings or other structures, fixtures, or equipment that are used or intended to be used in providing the accommodation.

MOBILE HOME SPACE. An area of land within a mobile home park with a minimum of 2500 square feet for the placement of one mobile home which is designed for the exclusive use of occupants. The minimum distance between any part of a mobile home including any addition shall be ten feet.

MOTOR VEHICLE. Automobiles, trucks, tractors, trailers, semi-trailers, motorcycles, scooters, buses, and farm implements, whether self-propelled or designed to be pushed, pulled or carried by another motor vehicle.

MUSEUM. An establishment operated as a repository or a collection of natural, scientific, literary or historical curiosities or objects of interest or works of art, not including the regular sale or distribution of the objects collected.

NONCONFORMING USE. A building, structure, or use of land existing at the time of enactment of this chapter, which does not conform to the regulations of the district or zone in which it is situated. A nonconforming use shall abate and cease to exist 180 days from the time that the use is changed or abandonment of a structure, whichever occurs first. For provisions on nonconforming uses, see § 151.047.

NURSERY SCHOOL. A place where five or more children are kept for the purpose of providing supplemental parental care, including day nurseries, day care homes for children and kindergarten.

NURSING HOME. An institution for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders; but not including facilities for surgical care or institutions for the care and treatment or mental illness, alcoholism, or narcotics addiction.

OCCUPANCY, CHANGE OF. The change or use of the building, structure or land. For provisions on improvement location permits, see § 151.043.

OFFICIAL ZONING MAP. A graphic illustration of zoning boundaries and classifications drawn and approved as part of the Master Plan of the city. (See also ZONING MAPS)

OIL WELL. The drilling or extracting of petroleum minerals off a parcel of land for private or commercial use, and related storage and equipment.

PACKAGE STORES. An establishment offering for sale primarily intoxicating beverages and accessory merchandise, and where no consumption of said intoxicating beverages is permitted on the premises.

PARKING LOT. A parcel of land other than a street, devoted to parking spaces for motor vehicles.

PARKING SPACE. An area, enclosed or unenclosed, sufficient in size to store one vehicle, not less than 9 feet wide and 20 feet long.

PERMANENT FOUNDATION. Any structural system for transposing loads from a structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of the supporting soil.

PERMANENT PERIMETER ENCLOSURE. A permanent perimeter structural system of concrete block completely enclosing the space between the floor joints of the home and the ground.

PERSON. A corporation, firm, partnership, association, organization, or any group that acts as a unit or legal entity.

PET. A domesticated animal kept for pleasure rather than utility.

PLANNED UNIT DEVELOPMENT. A tract of land at least five acres in area, under single, corporation, firm, partnership, or association ownership, planned and developed as an integral unit in a single development operation or a definitely programmed series of development operations and according to an approved outline development plan and a preliminary site plan. For provisions on planned unit developments, see §§ 151.090 through 151.094.

PLAT. A map or chart that shows a division or parcel of land that is intended to be filed or recorded.

POOL, PRIVATE. Any constructed pool or portable private pool used for swimming, wading or recreation, over 24 inches in depth of water with a top water surface exceeding 150 square feet and which is used for a pool in connection with a family dwelling unit and is available only to the family of the householder and his private guests.

PRIMARY BUILDING. A building in which the principal use of the lot on which it is located is conducted, including a building that is attached to such a building in a substantial way, such as by a roof. With respect to residential use, it means the main dwelling. No more than one primary building shall be authorized on any lot.

PRIMARY USE. The primary purpose or function that a lot serves or is intended to serve. No lot, parcel or division of land shall have more than one primary use.

PRIVATE GARAGE. A detached accessory building or a portion of the main building for the housing of vehicles of the occupants of the dwelling, including carports.

PRIVATE LANDFILL. An area or lot in which clean fill is dumped to raise the topography of ground such as low areas or ravines. Clean fill shall mean bricks, block, concrete, stone or fill dirt and no hazardous material such as roofing, iron, steel, plastic or other material that would contaminate the area. There shall be a six-inch topsoil cover over all fills. No fill shall be in any drainage area that would cause drainage problems to streets, roads or property. (See also SANITARY FILL)

PRIVATE RECREATIONAL DEVELOPMENT. A parcel of land where most of the area is devoted to rides for entertainment such as roller coasters, merry-go-rounds, water slides or other similar uses.

PRIVATE SEWAGE SYSTEM. A system designed of connecting pipes to a tank, distribution box and leach field for the purpose of carrying away sewage waste and approved by the Miami County Health Department.

PROCESSING PLANT. A building or area where animals such as cattle, hogs, deer, fowl or fur- bearing animals are killed, skinned, processed or packaged.

PROFESSIONAL OFFICE. Any building or portion thereof used or intended to be used, but not limited to an office for a lawyer, architect, engineer, land surveyor, licensed insurance agent, real estate broker, accountant, physician, surgeon, dentist, and other similar profession.

PUBLIC BUILDING. Any building held, used or controlled for public purposes by any department or branch of the government, whether state, county or municipal or any building where the public is invited.

PUBLIC GARAGE. Any garage operated for profit for the purpose of parking vehicles.

PUBLIC OWNED USE. The use of any premise by a public body, board, commission or authority, such as a municipal, county, state or federal government, or any agency or department thereof for a governmental or proprietary purpose. This shall also include public streets, alleys and parks.

PUBLIC SEWAGE SYSTEM. A system constructed, installed, maintained, operated and owned by the city, county, taxing district, regional sanitary district, utilities, public or private, under the jurisdiction of the Public Service Commission of Indiana, which carries sewage for treatment.

PUBLIC UTILITIES. Towers, water towers, substations, microwave towers, sewage treatment plants, electric plants, utilities control buildings, new water or sewage lines and other similar uses. The term shall not mean repair of existing lines or towers.

RECREATIONAL VEHICLE (RV). A vehicle primarily designed as temporary living quarters for recreationAL, camping that travels either with its own motor power or is mounted on or towed by another powered vehicle. The term shall mean boats, campers and ATV (all-terrain vehicles) or other similar vehicles used for recreation. For the purpose of this chapter, a vehicle used to transport race cars or other similar uses shall not be defined as a recreational vehicle.

RECREATIONAL VEHICLE CAMPSITE. An area of land on which two or more recreational vehicles are regularly accommodated with or without charge, including any building or other structure, fixture, or equipment that is used or intended to be used in connection with providing accommodations day or overnight.

RECREATIONAL VEHICLE SALES LOT. A lot arranged or designed or used for the display of recreational vehicles for sale.

RECREATIONAL VEHICLE STORAGE AREA. A place where two or more unoccupied recreational vehicles are regularly accommodated with charge.

RENTAL PROPERTY. A dwelling, building or land that is not owned by the person who occupies the property but who may be responsible to maintain the upkeep of the property.

RESIDENTIAL DISTRICT. An R-1 or R-3 Residential or LR Lake Residential District.

RESTAURANT. A building structure in which food and drinks are prepared primarily for sale and consumption within such structure, including incidental take-out service. (See also DRIVE-IN RESTAURANT)

RETAIL SALES AND SERVICES. Department stores, variety stores, drug and sundry stores, rest- aurants, grocery stores, hardware stores, furniture and floor covering stores, stationary stores, shoe sales or repair shops, leather and luggage shops, bakeries and other similar uses that deal in retail sales or services.

ROADSIDE PRODUCE STAND. A temporary structure designed or used for the display of agri- cultural and related products produced on the premises and sold during a seasonal or temporary period of time not to exceed 90 days in a one-year period.

ROADSIDE STAND. A temporary structure or vehicle used for the display of merchandise, goods or articles which are sold to the public. For provisions on roadside stands, see § 151.069.

RUMMAGE SALE. The sale of used or new articles, not to exceed seven days and no more than two sales in a one-year period, including garage, porch, yard and other designated sales.

SANITARY FILL. Any zoned lot used primarily for disposal by abandonment, discarding, dumping, reduction, burial, incineration, or other means and for whatever purpose of garbage, trash, refuse, waste material of any kind, junk, discarded machinery, vehicles or parts thereof, but not sewage or animal waste. (See also PRIVATE LANDFILL)

SANITARY SEWER. A pipe or conduit designed for carrying any combination of water-carried wastes from residences, businesses, commercial buildings, public uses and industries, together with such ground, surface, and storm water as may be present, but which are not intentionally admitted.

SANITARY TRANSFER STATION. A building or enclosed area where discarded used property or garbage is brought in and transferred to other vehicles such as a dumpster or hold bin for a period of time waiting to be disposed of in a safe manner.

SATELLITE DISH. A directional microwave antenna having a concave shape used for television or radio frequency.

SCHOOL. A place for systematic instruction in any branch or branches of knowledge.

SCHOOL, TRADE OR BUSINESS. 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, hair dressing or drafting, or for teaching industrial or technical arts.

SHOPPING CENTER. A group of continuous retail stores, originally planned and developed as a single unit, having a total ground floor building area of not less than 50,000 square feet, with immediate adjoining off-street parking facilities.

SERVICE STATION. Any building, structure or land used for the sale or offering for sale at retail of any automobile fuel, oil, or accessories including lubrication or washing of automobiles, and replacement or installation of minor parts and accessories.

SIGN. An identification, description, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, or land and which directs attention to a product, place, activity, service, person, institution or business.

SIGN, TEMPORARY. The same as a SIGN, except it is not on a permanent structure.

SLAUGHTERHOUSE. A commercial establishment where animals are butchered.

SPECIAL EXCEPTION. An authorized use that is designated as such by the table of authorized uses set forth in § 151.042, as being permitted in the district concerned, if it meets special conditions, and upon application is specifically authorized by the Board of Zoning Appeals. The Board may place added restrictions on the property for safety, health or general welfare of the community.

STOP WORK ORDER or STAY OF WORK. A lawful order given by the Administrator or official that has the duty to enforce this chapter. STOP WORK shall mean any or all work that is in progress will cease immediately and will not continue until released by the Administrator or official of the Plan Commission or Board of Zoning Appeals. STAY OF WORK shall be in accordance with IC 36-7-4-1001 or 36-7-4-1002.

STORAGE. The keeping, maintaining or housing of goods, articles, equipment or other valuables that can or will be used in the future.

STREET (ROAD). A right-of-way other than an alley, dedicated or otherwise legally established to public use, usually affording the principal means of access to abutting property. A street may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive or other appropriate name.

STREET, FEEDER. A street designed to facilitate the collection of traffic from local streets and to provide circulation within the neighborhood area, and convenient ways to reach secondary streets.

STREET, LOCAL. A street designed primarily to provide access to abutting property.

STREET, PRIMARY. A street designed for high volume traffic.

STREET, PUBLIC. A street established for or dedicated to the public use.

STREET, SECONDARY. A street designed to facilitate the collection of traffic from feeder streets, and usually located on the neighborhood boundaries.

STRUCTURAL CHANGE. A change or repair in a supporting member of a building, such as a bearing wall or partition, column, beam or girder, or in the exterior wall, or the roof.

STRUCTURE. Anything constructed or erected that requires location on or in the ground, or attachment to something having a location on or in the ground. STRUCTURE shall mean any structure that protrudes more than two feet above the ground. Improvement location permits shall be required except items exempted by § 151.043.

SUBDIVISION. For definitions pertaining to the Subdivision Regulations, see § 156.021.

SWIMMING POOL. An above or inground pool which holds water, used for private or commercial swimming or recreational purposes. For restrictions on swimming pools, see § 151.066(F).

TAVERN. Includes but is not limited to establishments commonly known as bars, grills, cafes, taverns and night clubs, and where intoxicating beverages are sold and primarily consumed on the premises.

TEMPORARY USE. A use of land, building or structure not intended to be of permanent duration.

THEATER. A structure used for dramatic, operatic, motion picture or other performance, for admission to which entrance money is received.

THEATER, ADULT MINI MOTION PICTURE. An enclosed building with a capacity for less than 25 persons used for presenting material distinguished or characterized by emphasis on matter depicting, describing or relating to specified sexual activities, or specified anatomical areas (as defined under ADULT BOOKSTORE), for observation by patrons therein.

THEATER, ADULT MOTION PICTURES. An enclosed building with a capacity for more than 25 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities, or specified anatomical areas (as defined under ADULT BOOKSTORE), for observation by patrons therein.

TOURIST HOME. A building in which not more than five guest rooms are used to provide or offer overnight accommodation to transient guests for compensation.

TOWER, RADIO, TV, PHONE, MICROWAVE. Any structure that supports a microwave disk or antenna for communication services that is more than 50 feet in height.

TRAILER HOME. See MOBILE HOME.

TRUCK SERVICE CENTER. A business especially for the servicing of trucks, with incidental operations similar to those permitted for automobile service stations.

TRUCK TERMINAL. An establishment where three or more trucks for hire are stored or parked, along with service of fuel, fuel oil, or minor or major repair.

USE. The employment or occupation of a structure or land for a person's service, benefit or employment.

VARIANCE. A special authorization, granted under § 151.046 to deviate from this chapter.

VARIANCE, AREA. An authorization granted by the Board of Zoning Appeals involving matters such as setback lines, frontage requirements, height limitations, lot size restrictions, density regulations and yard requirements, and shall follow the land.

VARIANCE, USE. An authorization granted by the Board of Zoning Appeals which permits a use of a building or land other than that which is prescribed by this chapter. Use variances shall not follow the land.

VIDEO RENTAL SHOP. A business that rents or leases movies or movie equipment.

VISION CLEARANCE. A triangular space at an intersection, free from any kind of obstruction to vision between the height of three and eight feet above the established grade, determined by a diagonal line connecting two points, measured 20 feet equal distance from the street corner along each property line.

WORK TRAILER. A mobile trailer designed to move upon a highway, to be used as a temporary office, storage, or break room on a construction site while construction is being done.

YARD, FRONT. A yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lamp posts, shrubs, and similar structures, the depth of which is the least distance between the nearest street right-of-way and the front line of the building. The front yard shall be determined by the location of the main entrance of the structure.

YARD, REAR. A yard that extends across the full width of a lot and is bounded on the rear by the rear lot line, and the depth of which is the least distance between the rear lot line and the rear of the principal building.

YARD, SIDE. A yard between the principal building and the adjacent side lot line that extends from the front yard, or street right-of-way where there is no front yard, to the rear yard, and the width of which is the least distance between the side lot line and the adjacent side of the building.

ZONING ADMINISTRATOR. An officer, employee or agent of the city, who has the authority to enforce this chapter for the Plan Commission and the Board of Zoning Appeals.

ZONING MAPS. Maps showing the city and its jurisdiction and districts or primary street routes or jurisdiction of the city. (See also OFFICIAL ZONING MAP)

(Ord. 5-2002, passed 3-4-02; Am. Ord. 25-2004, passed 7-5-04; Am. Ord. 20, 2012, passed 9-4- 12; Am. Ord. 8, 2013, passed 4-1-13)