§ 153.010. DEFINITIONS.

(A) (1) Certain words used in this chapter are defined below. Words used in the present tense shall include the future. The singular number shall include the plural, and the plural the singular.

(2) The word “shall” is mandatory and not permissive.

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

ACCESSORY STRUCTURE. A detached subordinate structure, the use of which is clearly incidental to the main use of the land, and may include, but is not limited to the following: garages, barns, storage buildings, private swimming pools, signs and satellite dish antennae.

ACCESSORY USE. A subordinate use which is clearly incidental and related to that of a main structure or main use of land an may include, but is not limited to the following: basketball and tennis courts, off-street parking, and outdoor storage.

ADULT BUSINESS. An establishment which provides as a substantial or significant portion of its business matters or performances (as defined by I.C. 35-49-2-2, as amended) from which minors are excluded.

AGRICULTURE. Any land for cropland and orchards, pasture and grazing, livestock and poultry production, sod farming, confined feeding and commercial fur production. AGRICULTURE includes all accessory storage facilities, irrigation facilities, and other structures used for the conduct of the above except for dwellings. AGRICULTURE also includes the processing and on-site sale of goods produced on the property. In residential districts some of the above agricultural activities may not be permitted as shown in Table A of this chapter.

AGRIBUSINESS. A commercial or manufacturing establishment which provides needed services or supplies to the agricultural community. Uses include: contract sorting, grading, and packaging services for fruits and vegetables; com shelling, hay baling, and threshing services; spring water bottling, grist mill services; horticultural services; poultry hatchery services; production of animal fat and oil; canning of fruits, vegetables, preserves, jams and jellies; canning of specialty foods; preparation of cereals; production of natural and processed cheese; production of condensed and evaporated milk; wet milling of corn; production of creamery butter, drying and dehydrating fruits and vegetables; preparation of feeds for animals and fowl; production of flour and other grain mill products; blending and preparation of flour; fluid milk processing; production of frozen fruits, fruit juices, vegetables, and other specialties; meat packing (not including rendering); fruit and vegetable picking, vegetable sauces and seasoning, and salad dressing preparation; poultry and small game dressing and packing, recycling and recovery of wood products, providing that all operations be conducted within an enclosed building; production of shortening, table oils, margarine and other edible fats and oils; milling of soybean oil; milling of vegetable oil, sugar processing and production; production of wine, brandy and brandy spirits; and other agricultural related businesses not elsewhere defined or specified in this chapter.

ALLEY. A public service right-of-way which affords only secondary access to the back or side of property otherwise abutting on a street.

AUTOMOBILE SERVICE STATION. An establishment which offers the retail sale of gasoline, oil and similar products; and 1 or more of the following: automobile washing; automobile maintenance, including mechanical repairs; automobile towing, including the parking of a wrecker and operative vehicles waiting, for immediate repair or tire and battery dealers. This does not include convenience store/gas station (as defined).

BASEMENT. A portion of a structure which is wholly or partly underground, and having more than ½ of its height, measured from floor to ceiling, below the average grade of the adjoining ground.

BED AND BREAKFAST ESTABLISHMENT. A single-family dwelling which contains sleeping accommodations in the principal structure or accessory structure for which a fee is charged. (See § 153.084). This definition includes tourist homes which meet the above standards. Bed and breakfast establishments which exceed the above standards may be classified as either a COUNTRY INN (as defined) or a MOTEL/HOTEL (as defined).

BERM. A manmade, formed, earth mound of definite height and width used for obscuring purposes; the intent of which is to provide a transition between uses of differing intensity.

BLOCK. A tract of land bounded by streets, or a combination of streets, public parks, cemeteries or railroad rights-of-way.

BOARD. The Cass County Board of Zoning Appeals.

BUFFER, BUFFERYARD. Any trees, shrubs, walls, fences, berms or related landscaping features required under this chapter or the Subdivision Control Ordinance to be placed on private property and privately maintained or in public rights-or-way for the purpose of buffering lots from adjacent properties, for aesthetic purposes, and/or for creating sound barriers and/or visual privacy.

BUILDING. A type of structure (as defined) which generally has walls and a roof.

BUILDING LINE. 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. On corner lots, there are 2 building lines.

BUSINESS/COMMERCIAL. The exchange of goods and/or services for money or for other goods and/or services.

CHILDREN’S HOME. A residence which provides care, food and lodging for children who are not in the custody of parents or guardians. This includes those children’s homes as defined by I.C. 12-17-8-1 and those boarding homes for children as defined by I.C. 12-7-9-20 which provide full time care (foster home) or emergency or short term placement for more than 5 children.

CLINIC. Any establishment where human patients are examined and treated by doctors and dentists but not hospitalized overnight.

CLUB. An establishment operated for social, recreational or educational purposes but open only to members and not the general public.

COMMERCIAL GARAGE. An establishment which includes all uses permitted for automobile service stations (as defined) except for the retail sales of gasoline and oil. COMMERCIAL GARAGES also include automobile body repairs and painting. Also included in this definition is the repairing of vehicles or the fixing up of old cars at a residence or any location for which money or other goods or services are received for the work.

COMMISSION. The Cass County Plan Commission.

COMMUNITY RECREATIONAL FACILITY. A public or private establishment which includes 1 or more of the following facilities: gymnasium, indoor swimming pool, weight reduction or exercise equipment, tennis or racquetball courts, and accessory recreational programs.

COMPREHENSIVE PLAN. The Cass County Comprehensive Plan adopted by the County Commissioners on October 7, 1985.

CONDOMINIUM. Real estate lawfully subjected to I.C. 32-25-2-7 (The Horizontal Property Law) by the recordation of condominium instruments, in which undivided interest in the common areas and facilities are vested in the condominium unit owners.

CONFINED FEEDING. The confined feeding of animals for food, fur or pleasure purposes in lots, pens, ponds, sheds or buildings where food is supplied to the animals only by means other than grazing.

CONVENIENCE STORE/GAS STATION. A small retail grocery store and/or convenience store which sells gasoline and oil as an accessory and incidental use to the principal business activity. This definition does not include automobile service station (as defined). For the purposes of this chapter, a convenience store/gas station will be considered a retail trade as listed in Table A.

CONVERSION DWELLING. A single-family dwelling which, because of its size and/or the character of the neighborhood in which it is located, is no longer suitable or economic for its intended use, and therefor is converted to apartments.

COUNTRY INN. A lodging establishment which remains residential in character and is owned and operated by a resident of the property. See § 153.084. A COUNTRY INN which exceeds the above standards shall be classified as a motel/hotel.

CRAFT/HOBBY SHOP.

(a) A small retail store which provides 1 or more of the following:

1. Sale of handmade items;

2. Sale of craft and hobby supplies;

3. Instruction in a craft or hobby; and/or

4. Sale of related items.

(b) For the purposes of this chapter, a CRAFT/HOBBY SHOP (as defined) will be considered a retail trade as listed in Table A.

DAY CARE CENTER.

(a) A child care facility operated for the purpose of providing care, maintenance or supervision and instruction to children separated from their parents or guardians for more than 4 hours a day but less than 24 continuous hours for 10 or more consecutive workdays. The following are not considered day care centers for the purposes of this chapter:

1. Schools (as defined);

2. Nursery schools (as defined);

3. Churches which provide day care as defined by I.C. 20-27-9-11;

4. Day care homes (as defined);

5. Home child care (as defined); and/or

6. Children's homes (as defined).

(b) A day care center may or may not be subject to Department of Public Welfare licensing.

DAY CARE HOME. A residential structure where an individual provides child care: for compensation; for more than 4 hours but less than 24 hours in each of 10 consecutive days per year, excluding intervening Saturdays, Sundays and holidays; and to more than 5 children and a maximum of 12 at a time who: are less than 11 years of age; and are not attended by a parent, a stepparent, a guardian, a custodian or a relative who is at least 18 years of age. A DAY CARE HOME may or may not be subject to Department of Welfare licensing.

DEVELOPMENT. Any man-made change to improved or unimproved real estate, including, but not limited to, structures, mining, dredging, grading, paving, excavation or drilling operations.

DEVELOPMENT PLAN. A drawing showing the layout of a proposed structure or use in certain zoning districts which require Plan Commission approval as allowed by I.C. 36-7-4. A DEVELOPMENT PLAN is not a planned development (as defined).

DISABLED VEHICLE. An abandoned vehicle as defined by I.C. 9-13-2-1, as amended, or any vehicle that is partially disassembled, inoperable or unlicensed, on any property in location visible from public property or adjoining private property for more than 20 days or on public property without being moved for 3 days. This shall not include tractors, combines, pickers, disks, plows or other similar farm machinery that is owned by a farm operator, that is parked in areas zoned AG, and is used for parts replacement for machinery currently being used in the farming operation.

DRAINAGE. The act, process or mode of the outflow, removal or carrying away of water.

DUSTLESS SURFACE. A surface adequately covered in accordance with good construction practice; with a minimum of either 2 applications of bituminous surface treatment concrete, or concrete and which must be maintained in good condition at all times.

DWELLING ACCESSORY APARTMENT. An apartment that is a separate, complete housekeeping unit that is substantially contained within the structure of a single-family dwelling or a building, but can be isolated from it and is incidental to the principal use of the building.

DWELLING UNIT. One or more rooms in a residential building or residential portion of a building which are arranged, designed, used or intended for use as a complete, independent living facility for 1 family, and which includes permanent provisions for living, sleeping, eating, cooking and sanitation.

DWELLING, SINGLE-FAMILY ATTACHED or TOWNHOUSE. A group of 2 or more single family dwelling units which are joined to one another by a common party wall, a common floor-ceiling, whether or not such a group is located on a single parcel of ground or on adjoining individual lots. Each unit shall have its own outside entrance and architectural facade or treatment of materials shall be varied from 1 group of units to another. No more than 3 abutting units in a row shall have the same front and rear setbacks, with a minimum setback offset being 1 foot.

DWELLING, SINGLE-FAMILY DETACHED. A site-built residential structure or manufactured home containing 1 dwelling unit which is not connected to any other dwelling.

DWELLING, TWO-FAMILY (DUPLEX). A building located on a single lot containing not more than 2 dwelling units, arranged 1 above the other or side by side, and occupied by not more than 2 families.

DWELLING, MULTI-FAMILY or APARTMENT. A residential building containing 3 or more separated dwelling units located on a single lot or parcel of ground. A multi-family dwelling, commonly known as an apartment house, generally has a common outside entrance(s) for all the dwelling units, and the units are generally designed to occupy a single floor 1 above another. For the purpose of this chapter, a MULTI-FAMILY DWELLING may include cooperative apartment houses but shall not be construed to mean a single-family attached dwelling (as defined).

DWELLING, EARTH SHELTERED HOME. A dwelling which is partially or entirely below grade and is designed and intended to be used as a single-family dwelling.

ENGINEERING, RESEARCH AND DEVELOPMENT LABORATORIES. Engineering, research and development activities related to such fields as chemical, pharmaceutical, medical, electrical and transportation. All engineering, research and development shall be carried on within entirely enclosed buildings and no noise, smoke, glare, vibration or odor shall be detected outside of the building nor shall there be any health hazard created by the use.

(Am. Ord. 88, #1, passed 12-5-1988)

EROSION. The detachment and movement of soil, sediment or rock fragments by water, wind, ice or gravity.

EROSION CONTROL MEASURE. The practice or a combination of practices to control erosion and resulting sedimentation.

EROSION CONTROL PLAN. The written description of pertinent information concerning erosion control measures designed to meet the requirements of this chapter as submitted by the applicant for review and approval as needed for an improvement location permit.

ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities, rural electric membership cooperatives or municipal or other government agencies of underground or overhead gas, telephone, CTV, electrical, steam or water transmission or distribution systems including poles, wires, mahis, drains, sewers, pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants, street signs, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate essential services by these agencies. This does not include telephone exchanges, utility substations or main installations, electric generation facilities, underground gas storage, pipelines, pipeline pumping stations, public water wells, filtration plants, lift stations, storage tanks, sewage treatment plants and similar structures.

FAMILY. One or more persons occupying a premises and living as a single housekeeping unit as distinguished from a group housing quarters. A FAMILY also includes foster homes as defined by I.C. 12-7-2-90 or emergency or short term placement for 5 or fewer children.

(Am. Ord. 88, # 2, passed 12-5-1988)

FINANCIAL SERVICES. A business such as agricultural credit institutions, banks and branch banks, bond companies, insurance, savings and loan associations, stock and securities brokers and analysts, and similar establishments.

FLAG LOT. A lot not fronting or abutting the street right-of-way and where access to the street right-of-way is limited to a narrow access road.

FLOOR AREA, GROSS. The total number of square feet of floor space on all floors, including basements within the surrounding walls of a structure (or portion thereof).

FLOOR AREA, NET. Gross floor area (as defined) less permanent storage and warehouse areas, show windows, utility rooms, dressing or fitting rooms, vents, elevator shafts, stairwells, parking and loading facilities, unenclosed porches and courts. Attic and basement area not used for living space in dwellings shall also be excluded.

(Am. Ord. 88, # 1, passed 12-5-1988)

GROUP CARE HOME. A residential facility (as defined).

GROUP HOUSING QUARTERS. A structure occupied by individuals sharing common facilities. GROUP HOUSING QUARTERS shall differ from 2 and multi-family dwelling units in that the rooms contained in the structure do not constitute independent housekeeping establishments. Examples of GROUP HOUSING would include a boarding house, lodging house, club, fraternity or residential hotel.

HARDSHIP. A perceived difficulty with regard to one’s ability to improve land stemming from the application of the development standards of this chapter, which may or may not be subject to relief by means of variance. Self-imposed situations and claims based on a perceived reduction of or restriction on economic gain shall not be considered hardships.

HAZARDOUS WASTE. For the purposes of this chapter, Cass County shall consider any waste which has been or will be assigned a Hazardous Waste Number by the EPA to be classified as a hazardous waste.

HEAVY MANUFACTURING. The processing and fabrication of all articles, substances or commodities such as paper and allied products, chemicals and allied products, stone and glass products, iron and steel products, non-ferrous fabricated products, automotive assembly and heavy and industrial machinery assembly, except for manufacturing which can be classified as light manufacturing (as defined).

HOME CHILD CARE. A day care center (as defined) located within the operator’s own residence which provides care for compensation to no more than 5 children at a time. HOME CHILD CARE may or may not be subject to Public Welfare licensing.

HOME OCCUPATION. A business or activity for financial gain carried on by an occupant at his or her place of residence, which shall be accessory and incidental to the residential use of the residence. HOME OCCUPATION may be either simple or major home occupations as established in § 153.081.

I.C. The Indiana Code, 1982 or most recent edition, and the most recent yearly cumulative supplement.

IMPROVEMENT LOCATION PERMIT. A permit or certificate of zoning compliance indicating that the proposed use, erection, construction, reconstruction, alteration or moving of a building or structure, or use of land, referred to therein, complies with the provisions of this chapter.

INTENSITY. Intensity is the degree of impact which a land use may have on adjacent land uses. The higher the intensity, the more likely there will be a negative impact of 1 land use on another. There are requirements for bufferyards and other standards in this chapter to minimize impact between land uses of different intensity.

(Am. Ord. 88, #1, passed 12-5-1988)

JUNKYARD. Any lot, parcel, or tract of real estate, usually outdoors, where waste or discarded used property, other than organic matter, including but not limited to 1 or more unlicensed or inoperable motor vehicles, is accumulated and/or stored and is or may be salvaged for reuse or resale, reduction, or similar disposition. (Not to include noncommercial vehicle repair.)

LAND DISTURBING ACTIVITY. A land disturbing activity is any man-made change of the land surface, including removing vegetative cover, excavating, filling, transporting and grading. It includes only non-agricultural land disturbing activities on sites which also require an improvement location permit or an approved subdivision plat.

LARGE WIND SYSTEM (LWS). A WECS that has a nameplate capacity (manufacturer's rating) of more than 100 kilowatts per wind tower, or a total height of more than 140 feet, or a swept area of more than 40 feet. Any more than 1 LWS shall be considered a wind farm.

LIGHT MANUFACTURING. The processing and fabrication of certain materials and products where no process involved will produce noise, vibration, air pollution, fire hazard or noxious emission which will disturb or endanger neighboring properties. Light manufacturing includes the production of the following goods: home appliances; electrical instruments; office machines; precision instruments; electronic devices; timepieces; jewelry; optical goods; musical instruments; novelties; wood products; printed materials; lithographic plates; type composition; machine tools; dies and gauges; ceramics; apparel; light-weight non-ferrous metal castings; film processing; electrical machinery and components; light sheet metal products; plastic goods; pharmaceutical goods; and food and dairy products, but not animal slaughtering, curing or rendering of fats. If any of the above production activity exceeds the light manufacturing standards contained above, they shall be considered to meet the heavy manufacturing (as defined) standards contained in this chapter.

(Am. Ord. 88, #2, passed 12-5-1988)

LOADING/LOADING AREA. The portion of any lot which is required to be reserved for the parking, loading or unloading of vehicles at any nonresidential establishment according to the standards of this chapter. A LOADING AREA may not use the same area as a parking area (as defined).

LOT. A parcel of land occupied or capable of being occupied by 1 or more structures. Such lots shall have frontage and access on an improved public street or an approved private street.

LOT AREA. The area of a lot calculated as the total horizontal area within the boundaries of a lot exclusive of any land within public rights-of-way or public lands, public or private streets or access easements, or any land within any watercourse, drainage way, channel, stream, designated wetlands, or floodway or any land under water, other than a detention storage area.

LOT, CORNER. A lot located at the intersection of 2 or more street right-of-ways.

LOT, DEPTH OF. A mean horizontal distance between the front and rear lot lines.

LOT, MAXIMUM COVERAGE OF. The maximum percentage of the lot area that is represented by the building area.

LOT, MINIMUM AREA OF. The horizontally projected area of a lot computed inclusive of any portion of the right-of-way of any public street.

LOT, PIPESTEM. A lot which does not abut a public street other than by its driveway which affords access to the lot. The pipestem is that part of a lot which affords access and is less in width than the minimum lot width in the district in which it is located.

LOT OF RECORD. Any lot which, individually or as part of a subdivision, has been recorded in the Cass County Recorder’s Office.

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

MICRO WIND SYSTEM (MWS). A building-mounted WECS that has a nameplate capacity (manufacturer's rating) of 10 kilowatts or less, and projects no more than 15 feet above the highest point of the roof; such building-mounted wind systems shall not be considered a wind energy conversion system.

MINERAL EXTRACTION. Mining or quarrying and removal of earth materials. MINERAL EXTRACTION also includes the storage, stockpiling, distribution, and sale of rock, sand, gravel, earth, clay and similar materials and rock crushing, screening, blending, washing, loading and conveyor facilities.

MOBILE HOME. Pre-manufactured structure, often constructed of metal, that is designed to be transported to a site and semi-permanently attached. Mobile homes can be single or double wide and are designed to be used as a year-round residential dwelling. All homes must have a title and be newer than 20 years, as indicated by the serial number issued by the State of Indiana, to be considered conforming to this chapter. A mobile home shall be installed in conformance with the Indiana One and Two Family Dwelling Code. This definition shall not include motor homes or RVs.

(Am. Ord. 88, #2, passed 12-5-1988; Am. Ord. 2008-10, passed 10-20-2008)

MOBILE HOME PARK. An area of land which 2 or more mobile homes 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 providing that accommodation. Two mobile homes on a single parcel of land when one is a second principal structure for the purpose of a caretaker dwelling is not considered a MOBILE HOME PARK.

MODEL HOME. A residential structure that is not occupied and has never been occupied as a traditional and typical residence. Occupancy only concerns the direct display and sales of similar residential structures to potential buyers in conjunction with and situated on the grounds of a multiple lot subdivision. Only 1 model home per subdivision may be used for the office tasks as described above. Up to 30% of the lots in a subdivision can house a model home. (For information regarding taxation purposes, refer to I.C. 6-1.1-12.6-1.)

MODULAR HOME. A factory built single family detached stick frame structure installed or assembled at the building site, bearing a seal certifying that it is built in compliance with the Federal Manufacturing Housing Construction and Safety Standards Code or Indiana Public Law 360, Acts of 1974.

MOTEL/HOTEL. A structure or portion thereof or a group of structures which provide sleeping accommodations in separate units or rooms for transients on a daily, weekly or similar short-term basis. Such an establishment may be designated as a hotel, motel, resort, inn, court, motor inn, motor lodge, tourist cabin, tourist court, apartment hotel or otherwise. The HOTEL or MOTEL may include separate cooking facilities for each unit. There may be additional services such as restaurants, meetings rooms and recreational facilities, however it shall not include business from rooms or sales from rooms. A MOTEL/HOTEL does not include group housing quarters (as defined), bed and breakfast establishments (as defined) or country inns (as defined).

NONCOMMERCIAL VEHICLE REPAIR. Any single-family dwelling that repairs, stores, maintains, or restores motorized vehicles, including but not limited to cars, trucks, RVs, motorcycles, ATVs, lawnmowers, and boats, outside as an accessory and/or incidental use to the primary use of the property. Such use would include any motorized vehicles that are inoperable and/or have outdated plates or registration except for agricultural machinery. All noncommercial vehicle repairs must follow § 153.090 of this chapter. (Not to include junk yards.)

NON-CONFORMING STRUCTURE. Any structure or part of a structure legally existing at the time of enactment of this chapter or any of its amendments, or any structure for which a use variance has been granted subsequent to enactment of this chapter, which does not conform to the provisions of this chapter.

NON-CONFORMING USE. Any use or arrangement of land or structures legally existing at the time of enactment of this chapter or any of its amendments, or any use or arrangement of land or any of its structure for which a use variance has been granted subsequent to enactment of this chapter, which does not conform to the provisions of this chapter.

NUCLEAR WASTE. Radioactive byproduct materials generated by laboratory, hospital and industrial research and commercial production; and radioactive fuel elements, assemblies and the like generated by utility companies; military, industrial and commercial production as defined by the Atomic Energy Act of 1954 as amended and administered by the Nuclear Regulatory Commission. Any radioactive material whether gaseous, liquid or solid and associated carrier materials whether gaseous liquid or solid which has been declared “minimums” and no longer under control of the NCR. Such material may or may not be designated hazardous by the EPA.

NURSERY SCHOOL (PRE-SCHOOL). An establishment operated for the purpose of providing, usually part-time, instruction of children under 6 years of age.

OCCUPANCY, CERTIFICATE OF OCCUPANCY. A permit or certificate issued by the signature of the Zoning Administrator and/or Building Commissioner upon completion of the construction of a structure, or change in use of structure or parcel of land and indicating that the use and/or structure is in compliance with all applicable Count, Ordinances and that the structure and land may be used for the purposes set forth in the improvement location permit.

PARKING/PARKING AREA. The portion of any lot which is required to be reserved for the parking of vehicles using that lot according to the standards of this chapter. A PARKING AREA may not use the same area as loading area (as defined).

(Am. Ord. 88, #1, passed 12-5-1988)

PEAK FLOW. The maximum rate of flow of water at a given point in a channel or conduit resulting from a particular storm or flood.

PERMANENT FOUNDATION. A structural system for transposing loads from a structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of the supporting soil. A PERMANENT FOUNDATION must meet the applicable specifications of the Indiana One and Two Family Dwelling Code.

PERMANENT PERIMETER ENCLOSURE. A permanent perimeter structural system completely enclosing the space between the floor joists of a manufactured home and the ground. A permanent perimeter enclosure must meet the applicable specifications of the Indiana One and Two Family Dwelling Code.

PLANNED DEVELOPMENT. A planned unit development as specified in I.C. 36-7-4 and consisting of a parcel or parcels of land, controlled by a single landowner, to be developed as a single entity which does not correspond in size of lots, bulk or type of buildings, density, lot coverage, and required open space to the regulations established in any district of this chapter. This may result in more attractive and affordable housing than conventional developments would allow. Clustered housing (dwellings built in innovative lot arrangements around common open space) and zero lot line housing (dwellings built adjacent to lot lines) are possible as part of planned developments. A planned development requires approval through a zone map amendment procedure.

PRINCIPAL STRUCTURE. The structure in which the principal use of the lot is conducted.

PRINCIPAL USE. The primary use to which a premises is devoted, and the main purpose for which the premises exist.

PROFESSIONAL OFFICE. Any structure or portion thereof used or intended to be used as an office for abstractors, advertising consultants, collection agencies, detective and protective service agencies, employment agencies, interior designers, realtors, attorneys, engineers, architects, surveyors, accountants, bookkeepers, tax consultants, insurance agents, labor and business organizations, political organizations, professional societies and similar professional offices.

RECREATIONAL VEHICLE. A vehicle which is built on a single chassis, designed to be self-propelled or permanently towable by a light duty truck and designed primarily not for use as a permanent dwelling, but as quarters for recreational camping, travel or seasonal use, and does not meet the specifications required for a mobile home. A RECREATIONAL VEHICLE includes: travel trailer, tent trailer, motor home, detached pickup camper, boat and boat trailers.

RELEASE RATE. The amount of storm water release from a storm water control facility per unit of time.

REPAIR SERVICES. A business which includes the repair of electrical appliances, musical instruments, watches, clocks, jewelry, shoes, small gasoline-powered items such as lawnmowers, and similar small items and the reupholstery and repair of furniture. This may include the accessory resale of items repaired at the establishment.

RESIDENTIAL FACILITY. A group care home for the purpose of providing a family-like and long-term living environment to individuals who are not related to the head of the household and who are developmentally disabled, mentally ill, aged, blind or deaf, or in need or adult supervision; which provides room and board and other services in accordance with their individual needs. Emergency shelters for abused, neglected, abandoned or homeless individuals are also included in this category, but does not include social rehabilitation facilities (as defined) or children’s homes (as defined). Structures which are divided into separate dwelling units (as defined) will be considered multi-family dwellings or apartments as listed in Table A.

RETAIL TRADE. Buildings for display and sale of merchandise at retail such as the following: antiques, apparel, arts and crafts supplies, automotive parts, bakeries, bicycle sales and accessory repair, books and magazines, camera shops, carpet, convenience stores (as defined), department stores, drapery, drug stores, fabrics, florists (not to include greenhouses), furniture, gift shops, groceries, hardware, craft/hobby shops (as defined), household appliances, office and business machine supplies, paint stores, pet shops (not to include kennels), records and music stores, shoes, specialty food stores, sporting goods, toy stores, variety stores, video tape sales and rentals, and other similar type uses not elsewhere defined or specified in this chapter.

RIGHT-OF-WAY. A general term denoting land, property or interest therein acquired for or devoted to the public welfare; most often intended for access, transportation or utility transmission.

SATELLITE DISH ANTENNA. An apparatus capable of receiving communications from a transmitter or a transmitter relay located in planetary orbit.

(Am. Ord. 88, #1, passed 12-5-1988)

SCHOOL. A public or private institution offering an educational curriculum or educational instruction or any institution under the state’s Department of Public Instruction jurisdiction, except for home schools.

(Am. Ord. 88, #2, passed 12-5-1988)

SCREENING. Screening relative to this chapter shall mean a fence, evergreen hedge or wall at least 6 feet in height, provided in such a way that it will block a line of sight. The screening may consist either of 1 or several rows of bushes or trees, or of a constructed wall or fence. Evergreen plantings, if utilized shall be selected so as to mature to a height of at least 6 feet.

SHOPPING CENTER. Any group of 2 or more trade or service uses which are: designed as a single commercial group, whether located on the same lot; under common ownership or management; connected by party walls, partitions, canopies or other structural members to form 1 continuous structure or, if located in separate buildings, are interconnected by walk-ways and access-ways designed to, facilitate customer interchange between the uses; share a common parking area; and otherwise present the appearance of one continuous commercial area. This definition includes enclosed shopping centers or malls, strip shopping centers and/or specialized centers such as outlet malls or auto malls.

(Am. Ord. 88, #2, passed 12-5-1988)

SIDEWALK CAFÉ. A restaurant which has as an incidental or accessory use, a group of tables, chairs, benches or decorative devises maintained upon a public sidewalk adjacent to the restaurant for the sale to the public of food or beverages as otherwise permitted by law. This definition does not include tables or benches for eating purposes provided by a restaurant as accessory uses on the restaurant property.

(Am. Ord. 88, #1, passed 12-5-1988)

SIGN. Any surface, fabric or device bearing lettered, pictorial or sculptured matter designed to convey information visually and exposed to public view; or any structure (including billboards, poster panels, or other graphic displays) designed to carry the above visual information. Sign regulations are specified in original § 153.074.

SIGN, BUILDING MOUNTED. A sign attached to a building or structure other than a structure used exclusively for sign support.

SIGN, FREESTANDING. A sign not connected to a building or structure, other than a structure used exclusively for sign support.

SIGN, OFF-PREMISE. A sign which communicates the availability of goods, services, ideas or business establishment not available on the premises on which the sign is located.

SIGN, ON-PREMISE. A sign which communicates the availability of goods, services, ideas or business establishment available on the premises on which the sign is located.

SIGN, PORTABLE. A freestanding, on-premise advertising device which is designed to be moved from 1 location to another and is not permanently affixed to the ground or to a structure, or is only affixed by means of tie down straps or stakes.

SIGN, TEMPORARY. An advertising device not attached to a permanent foundation and restricted as to duration of time allowed for display.

SMALL WIND SYSTEM (SWS). A WECS that has a nameplate capacity (manufacturer's rating) less than or equal to 100 kilowatts per wind tower, and a total height of 140 feet or less, and a swept area of 40 feet or less.

SOCIAL REHABILITATION CENTER. A secure or non-secure facility licensed by a department of state or local government in which persons reside while receiving, either within the facility or elsewhere, services which are designed to equip them for independent living within the community. Such services may include therapy, treatment, training and/or counseling which is directed at 1 or more of the following groups: assisting persons to recover from the affects of drugs or alcohol or the dependence thereon; assisting persons with family, school or social adjustment problems to return to normal family or communal life; or assisting persons to be housed under supervision while under the constraints of alternatives to imprisonment, including, but not limited to work-release, prerelease and probationary programs. For the purpose of this chapter, this definition does not include state or federally owned and operated facilities.

(Am. Ord. 88, #2, passed 12-5-1988)

SPECIAL EXCEPTION. A use which shall be allowed within a particular district contingent upon approval of the Board of Zoning Appeals because of its special nature. Special exceptions which may be considered in each district are listed in Table A.

STAFF. All employees of the Logansport/Cass County Planning Department including, but not limited to, the Executive Director, the Assistant Planner, the Zoning Administrator, the Secretary, the Plan Commission Attorney and any clerical assistants. This also includes any consultants or other individuals performing duties on behalf of or request of the Planning Department.

STRUCTURE. Anything constructed or erected or applied, the use of which requires a fixed location on the ground or an attachment to something having a fixed location on the ground, which includes, in addition to buildings, billboards, carports, porches and other building features but not including sidewalks, fences and patios.

SUPPLY YARD. A commercial establishment storing or offering for sale goods which require large storage areas primarily outside such as steel, pipe, concrete or metal supplies. SUPPLY YARDS do not include the wrecking, salvaging, dismantling or storage of autom6biles and similar vehicles.

SWEPT AREA. The diameter of the least circle encompassing all blades for a WECS.

TOTAL HEIGHT. The distance from the rotor blade at its highest point to the top surface of the WECS foundation.

VARIANCE. Subject to the approval of the Board of Zoning Appeals, a modification of the strict terms of the relevant regulations of this chapter where the modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.

WALL GRAPHIC. A design which is painted on a side of a building for the purpose of improving a blank or dilapidated building surface, enhancing architectural detail or generally intended to improve the visual aspect of the community. WALL GRAPHICS may include the name and/or logo of a local business, but shall not advertise specific products manufactured or offered for sale, except through indirect graphic representation.

WHOLESALE DISTRIBUTION. An establishment which buys products from manufacturers for resale to retail establishments. WHOLESALE ESTABLISHMENTS may include motor vehicles and automotive equipment, drugs, chemicals, dry goods and apparel, groceries, electrical goods, hardware, plumbing and heating supplies, machinery, furniture, home furnishings, lumber products and paper products, but does not include scrap and waste materials.

WIND ENERGY CONVERSION SYSTEM (WECS). The equipment that converts and then stores or transfers energy from the wind into usable forms of energy and includes any base, blade, foundation, generator, nacelle, rotor, wind tower, transformer, turbine, vane, wind farm collection system, wire, or other component used in the system.

YARD. A space on the same lot with principal building, open, unoccupied and unobstructed by structures, except as otherwise provided in this chapter.

YARD, FRONT. A yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lamp posts and similar uses the depth of which is the least distance between the street right-of-way line and the building line. On corner lots, the front yard shall be all yards between street right-of-ways and the building lines. Flag lots shall follow side yard setbacks where the access road meets the maximum width of the lot. The FRONT YARD may also be called the front setback or setback area.

YARD, REAR. A yard extending across the full width of the lot between the rear of the main building and the rear lot line unoccupied other than by accessory structures and uses, the depth of which is the least distance between the rear lot line and the rear of such main building. On corner lots, there is no rear yard. On lots which abut a street right-of-way on both the front and back (double frontage lot) or on lots which abut a street right-of-way and a lake or river shore, there shall be front yard provided on both streets and/or river or lake shore property lines, except as provided by this chapter. The REAR YARD may also be called the rear setback or setback area.

YARD, SIDE. A yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally, at 90 degrees with the side lot line, from the nearest part of the main building. On corner lots, all yards that are not front yards shall be side yards. The SIDE YARD may also be called the side setback area.

ZONING ADMINISTRATOR/ADMINISTRATOR. The person appointed by the Plan Commission to administer and enforce this chapter.

(Am. Ord. 88, #1, passed 12-5-1988)

(1993 Code, § 8-15) (Ord. 86, passed 9-15-1986; Am. Ord. 93-02, passed 2-1-1993; Am. Ord. 2007-01, passed 1-16-2007; Am. Ord. 2007-02, passed 3-5-2007; Am. Ord. 2007-03, passed 4-2-2007; Am. Ord. 2008-10, passed 10-20-2008; Am. Ord. 2008-11, passed 10-20-2008; Am. Ord. 2009-04, passed 7-6-2009; Am. Ord. 2009-17, passed 12-7-2009; Am. Ord. 2010-01, passed 3-1-2010; Am. Ord. 2011-11, passed 9-19-2011; Am. Ord. 2013-7, passed 7-1-2013)