HomeMy WebLinkAboutCertification to City Council
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CERTIFICATION OF THE CARl\1EL/CLAY
PLAN COMMlSSION'S RECOMMENDATION
ON THE PETITION OF THE CITY OF CARMEL
TO AMEND THE CARMEL/CLAY ZONING ORDINANCE
PURSUANT TO INDIANA CODE 36-7-4-605
ORDINANCE No. Z-416-03
Definitions Update
To: The Honorable Common Council
Of the City of Carmel
Hamilton County, Indiana
Dear Members:
The Carmel/Clay Advisory Plan Commission offers you the following report on application
(Docket No. 40-02 OA) to make amendments to definitions and group all definitions into
Chapter three of the Ordinance.
The Carmel/Clay Plan Commission's recommendation on the petition is FAVORABLE.
At its regular meeting of July 15, 2003, the Cannel/Clay Plan Commission voted nine (9) in
Favor, zero (0) Opposed, zero (0) Abstaining, to forward to the Common Council the proposed
Ordinance No. Z~416-03 with a Favorable Recommendation.
Please be advised that by virtue of the Plan Commission's Favorable Recommendation, pursuant
to IC 36-7-4-607( e)(3), tbe Council has ninety (90) days to act on this petition before it becomes
effective as Certified by the Commission. Ninety days froni the date of tbis Certification is
Thursday, October 23,2003.
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RECEIVED
R mona Hancock, ecretary
Carmel/Clay Advisory Plan Commission
JUL 2 5 7."r~
Dated: Friday, July 25,2003
CARMEL CLERK
TREASURER
2003-0725; Z-416-03; Definitions Update Certification
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CITY OF C~[ & CLAY TOWNSHIP ZONING ORDINANCE
CARMEL/CLAY ZONING ORDINANCE
CHAPTER 3: DEFINITIONS
3.0 DefInitions.
The following general rules of construction and dcfmitions shall apply to the regulations of this ordinance:
3.1 The singular number includes the plural and the plural the singular, unless the context clearly indicates the
contrary .
3.2 Words used in the present tense include the past and future tenses, and the future present.
3.3 The word "shall" is a mandatory requirement. The word "may" is
"should" is a preferred requirement.
3.4 The word "building" or "structure" includes any part thereof, and'
"structure" .
3.5
Words not defined herein but defined in the Cannel Subdivisi!
accordance with the Subdivision Ordinance definition.
3.6
Words and terms not defined herein or in the Carmel Subdivision 0
with their normal dictionary meaning and customary usage.
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3.7 Definitions:
ACCESSORY DWELLING. See DWELLING, ACCESSORY.
ADVISORY PLANNING LAW. The Advisory Planning Law of the State of Indiana, as defmed in l.c. 36-
7-4-101. (adopted per Z-365-01)
AGRICULTURE, GENERAL. Thc use of land for agricultural purposes, including farming, pasturage,
horticulture, floriculture, viticulture, and the necessary accessory uses for parking, treating or
storing the produce; provided, however, that the operation of any such accessory uses shall be
secondary to the normal agricultural activities. The tenD agriculture does not include chemical
storage or manufacturing associated with Agriculture.
AIRPORT. A facility with surfaced runways and navigation devices for the takeoff and landing of aircraft
and with or without services available for aircraft.
AIRSTRIP. A grassed area runway without navigation devices for the takeoff and landing of aircraft and
without services available for aircraft.
ALLEY. A penDanent public service way providing a secondary means of access to abutting lands.
Chapter 3: DefInitions
3-1
as amended per Z-320i Z-339i Z-340; Z-345i Z-365-01; Z-369-02i Z-389-02
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CITY ofcJ-.i & CLAY TQWNSHIP ZONING ORDINANCE
AL TERA TION, .tv1ATERIAL. Any change to an approved plan of any type that involves the substitution of
one material, species, element, etc. for another. (adopted per Z-345)
ALTERA. TION, MINOR. Any change to an approved plan of any type that involves the revision of less
than ten percent (10%) of the plan's total area or approved materials. (adopted per Z-345)
ALTERATION, STRUCTURAL. Any change in the supporting members of a building such as bearing
walls, partitions, columns, beams, girders, or any substantial change in the exterior walls or the
roof.
ALTERA.TION, SUBSTANTIAL. Any change to an approved plan of any type that involves the revision of
ten percent (10%) or more of the plan's total area or approved materials. (adopted per Z-345)
ANTENNA. A structure or device that is used for the purpose of collecting or transmitting signals, images,
sounds, or information of any nature by wire, radio, visual, or electromagnetic waves, including
but not limited to directional or omni-directional antennas, panels, and microwave or satellite
dishes. The ternl does not include an amateur radio station antenna. (adopted per Z-320)
ANTENNA, DISH-TYPE RECEIVING (EARTH STATION OR GROUND STATION). A signal
receiving device, the purpose of which is to receive radio corrnnurucations, television, data
transmission or other signals from a satellite or satellites in earth orbit. Considered a structure,
thus subject to all ordinances relating to structures.
ANTENNA, RADIO OR TELEVISION TRANSMISSION. A signal receiving device, the purpose of
which is to receive radio communications or television signal transmissions.
ANTENNA, WIRELESS TELECO.MMUNICA TIONS.
AP ARTMENT. A dwelling unit, primarily of a rental nature.
AREA, BUILDING. See BUILDING AREA.
AREA, COMlvlON.Areas within a development that serve either a portion of or the entire development
(Example common area - signs, lighting, landscaping, maintenance shed, etc.)
AREA, GROSS. Entire area of project or platted area.
ART & MUSIC CENTER. A structure or complex of structures for housing the visual and/or perfomling
arts.
ART GALLERY. A room or structure in which original works of art or limited editions of original art are
bought, sold, loaned, appraised or exhibited to the general public.
ARTIFICIAL LAKE OR POND, NON-PLATTED. A body of water created artificially that is either fed or
not fed by a watercourse that is not a part of a plat.
ASSESSED VALUATION. The monetary value placed on a property and/or building as established by the
assessor vlith authority over the jurisdiction ofthis ordinance.
ASSISTED LIVING FACILITY. See FACiLITy-, ASSiSTED LIVING.
ATTACHED DWELLING. See DWELLlNG, ATTACHED.
Chapter 3: Definitions
3-2
as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02
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ClTY OF cW & CLAY TOWNSHIP ZONING ORDINANCE.
AUTOMATED TELLER MACHINE (A TM). A mechanized consumer banking device operated by a
financial institution for the convenience of its customers, whether outside or in an access-
controlled facility.
AUTOMOBILE FILLING STATION. See STATION, AUTOMOBILE FILLING
AUTOMOBILE OR BOAT SALES. See SALES, A UTOMOBILE OR BOA T
AUTOMOBILE OR TRUCK REPAIR (INDOOR). See REPAIR (iNDOOR), AUTOMOBlLE OR TRUCK.
AUTOMOBILE SERVICE STATION. See STA TION. AUTOMOBILE SER VICE
A WNING, PERMANENT. A permanent shelter supported entirely from the exterior wall of a building and
composed of rigid or non-rigid materials. (See definition ofW ALL SIGN).
AWNING, TEMORARY. A temporary shelter, erected and in place for less than six (6) months of any
given year, supported entirely from the exterior wall of a building and composed of non-rigid
materials except for the supporting framework. One decorative and non-commercial nature,
clearly incidental and customary and conunonly associated with any national, state, local or
religious holiday.
BASEMENT. A story having part, but not less than one-half, of its height below grade. A basement is
counted as a story for the purposes of height regulation if subdivided, used for dwelling purposes
other than by tljan;'wl' CH1fJfe)'cd fin the pr<:mises and/or as walk-out access.
BED & BREAKFAST. A private, owner occupied business with 2 to 10 guest rooms where ovemight
accommodations and a morning meal are provided to transients for compensation and where the
bed and breakfast inn is operated primarily as a business. See also Inn.
BERTH OR BAY, LOADING AND UNLOADING. The off-street area required for the receipt or
distribution by vehicies of materia I or merchandise, which in this Ordinance is held to be a twelve-
foot (12') by forty-fIve-foot (45') loading space with a fifteen-foot (15') height clearance and
paved with a hard surface in accordance with the current standards of the City of Cannel.
BLOCK. A unit or property bounded by one or more streets and by streets and/or railroad rights-of-way,
waterways or other barriers.
BLOCK FRONTAGE. Property having frontage on one side ofa street and lying between the two nearest
intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad
right-of-way, waterway or other barrier.
BOARD. The CarmeVClay Board of Zoning Appeals.
BONA FIDE SERVANTS QUARTERS. Living quarters, which may include kitchen facilities, that are
either attached or detached from the principal residence, used as a residence by persons employed
to provide domestic services to the occupants of the principal residence.
BORROW PIT. An area of land from which earth is removed for use on another site and a permanent or
temporary ilTegular terrain is created.
BORROW PIT OR TOP SOIL REMOVAL AND STORAGE.
BUFFER, GREENBELT. The area of a development which abuts the perimeter of the development and
which is designed specifically to provide a butler and visual screen to adj acent land.
Chapter 3: Definitions
3-3
us amended pel' Z-320j Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02
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CITY OF CAW & CLA Y TOWNSHIP ZONlNG ORDINfu'lCE
BUFFER OR SCREEN, SOLID VISUAL. May include, but not be limited to a minimum five-foot (5')
high solid evergreen hedge; stone, brick or wood fence; earth mounding or other suitable material
or any combination a minimum of five (5) feet in height. If a chain link fence (with or without
screen slats) is used, a minimum of five-foot (5') high solid evergreen hedge shall be provided 011
the residential or commercial side of the fence.
BUILD- TO LINE. A line appearing on the development plan, stated as the setback dimension from the
right-ot:'way along which a building fafYade must be placed. (adopted per Z-340)
BUILDING. A structure having a roof supported by columns or walls, for the shelter, support, enclosure or
protection of persons, animals, chattels, or property. When separated by party walls, each portion
of such a building shall be considered a separate structure.
BUILDING HEIGHT. See HEIGHT, BUlLD/NG.
BUILDING, ACCESSORY. A building subordinate to another stmcture or use located on the same Lot
which is not used for permanent human occupancy. (Deleted: which does not alter or change the
character of the premises and which is not attached to the principal structure. The sole and only
"attachments" to be considered between the accessory building and the principal stmchlre shall be
uniform and continuous roof, supported by customary supports or joists, and no other connection
or attachment between the two structures shall be considered within the meaning of this
ordinance.) An accessory building may also include public utility; communication, electric
distribution and secondary power lines; gas, water and sewer lines; their supports and poles, guy
wires, small transformers, wire or cable and other incidental equipment and public telephone
booths.
BUILDING, DETACHED. A building having no structural connection with another building.
BUILDING, FRONT LINE OF. The line of the face of the building nearest the Front Lot Line, not
counting patios, terraces, etc.
BUILDING, MULTI-TENANT MULTI-LEVEL. An office or commercial building, occupied by two (2)
or more businesses, which cannot be classified as a multi-tenant ground floor building.
BUILDING, MULTI-TENANT GROUND FLOOR. An office or commercial building, occupied by two
(2) or more businesses in which every business occupies space on the ground floor and every floor
existing above.
BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the Lot on which
said building is situated. Where a substantial part of an accessory building is attached to the
principal building in a substantial manner, as by a roof, such accessory building shall be counted as
a part of the principaL building.
BUILDING AREA. The maximum horizontal projected area of the principal and accessory building,
excluding open steps or terraces, unenclosed porches not exceeding one story in height and
architectural appurtenances projecting not more than the amounts specified herein.
BUILDING SETBACK LINE. (Sometimes called a Building Line.) The line nearest the front of and
across a Lot establishing the minimum open space to be provided between the front line of a
building or structure and the Front Lot Line.
BURNING, FREE. A rate of combustion described by a material which bums actively and easily supports
combustion.
Chapter 3: Definitions
3-4
as amended per Z-320; Z-339; Z-340,. Z-345; Z-365-01; Z-369-02j Z-389-02
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CITY OF CAL-~ & CLAY TOWNSHIP ZONING ORDINANCE
BURNING, fNTENSE. A rate of combustion described by a material that burns Vvith a high degree of
activity and is consumed rapidly.
BURNING, MODERATE. A rate of combustion described by a material which supports combustion and is
consumed slowly as it bums.
BURNING, SLOW, OR INCOMBUSTIBLE. Materials which do not in themselves constitute an active
fuel for the spread of combustion. A material which will not ignite, nor actively suppOli
combustion, during an exposure for five (5) minutes to a temperature of 1200 degrees F.
CALIPER (Cat). The diameter of a tre\J lnmk meas:ued at forty (10) inches from. the ground. (repealed
per Z-365-01)
CAMP, PUBLIC. Any area or tract ofland used or designed to accommodate two or more camping parties,
including cabins, tents or other camping outfits.
CAR W ASH. The use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or
other light duty equipment.
CARNIVALS, FAIRS, OR CIRCUSES. A traveling or transportable group or aggregation of rides, shows,
games or concessions or any combination thereof
CATERING EST ABLISBMENT. An establishment providing meals and/or refreshments for public or
private entertainment for a fee.
CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes, including
columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and
within the boundary of such cemetery.
CENTER, F AMIL Y or CHILD ADVOCACY. An establishment serving the physical, emotional, spiritual
and legal needs of victims or at-risk individuals.
CENTER, MEDICAL-HEALTH. see CLINIC or MEDICAL-HEALTH CENTER.
CENTER, SURGERY. An establishment that delivers surgical procedures on an outpatient basis and
requiring less than a twenty-four-hour stay.
CENTER, URGENT CARE. An establishment that delivers generally non-surgical physician services on
an emergency or immediate basis or without the requirement of an appointment for such services.
CENTERLINE. A line lying midway between the sidelines of a street or aUey right-of-way and/or
pavement.
CERTIFICATE OF OCCUPANCY. A certificate signed by the Director stating that the occupancy and use
of land or a building or structure referred to therein complies with the provisions of this ordinance.
CHURCH, TEMPLE, OR PLACE OF WORSlITP. A building, together with its accessory buildings and
property, where persons regularly assemble for religious purposes and related social events and
which buildings, together with accessory buildings and uses, is maintained and controlled by a
religious body organized to sustain religious ceremonies and purposes.
CIVIL VIOLATION. The erection, alteration, enlargement, maintenance or use of any building, stmcture
or land violation or any provision of the Zoning Ordinance, Subdivision requirements, Sign
Chapter 3: Definitions
3-5
as amended per Z-310; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02
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ClTY OF C~L & CL^ Y TOWNSHIP ZONING ORDINANCE
Ordinance, Building Code applicable to such building, structure, or land in the zone in which it is
located.
CLINIC OR MEDICAL-HEALTH CENTER. An establishment where human patients are admitted for
special study and treatment by two or more licensed physicians or dentists, and their professional
associates.
CLUB OR LODGE, PRlV ATE. An association organized and uperated on a non-profit basis for persons
who are bona fide members paying dues, which association owns or leases premises, the use of
which premises is restricted to such members and their guests, and which manages the affairs of
such association by and through a board of directors, executive conimittee or similar body chosen
by the members. Food, meals and beverages may be served on such premises, provided adequate
dining room space and kitchen facilities are available. This includes fraternities and sororities.
CLUSTER HOUSING. The grouping of single family dwelliBg cmits, either attached or detached, in sU€ft-a
RlallBer as to enable the incorporatioH af f,'1'0en belts and other open spaces. (repealed per 2-294)
COKE OVENS, BRICK YARDS, KILNS, OPEN HEARTHS, OR BLAST FURNACES. A use typical to
the manufacture of brick or block materials for wholesale distribution.
COLISEUM. see STADIUM OR COLISEUM.
COLLEGE OR UNIVERSITY. An institution accredited at the college level by an agency or association
recognized by the US Secretary of Education and legally authorized to offer at least a one year
program ofstudy creditable towards a degree. (NCAA definition)
COMMERCIAL RECREATIONAL DEVELOPMENT OR FACILITY.
DEVELOPMENT OF FA CILTY COMMERCIA L.
See RECREATIONAL
COMMERCIAL SANITARY LANDFILL OR JUNK YARD.
COMMISSION. The CarmeVClay Plan Commission.
COMlvIlTMENT. A covenant concerning the use or development of a parcel of real property which is
made in writing by the owner of that parcel, either voluntarily or in accordance with an order or
request of the Commission.
COMMUNITY CENTER. A place, struchue, area, or other facility used for and providing religious,
fraternal, social, and/or recreational programs generally open to the public and designed to
acconnnodate and serve significant segments of the community. May also be referred to as a
convention center or civic center.
CONDOMINIUM. One or more structures, each structure having two or more dwelling units or other units
for occupancy, wherein provisions have been made for separate ownership of each individual
dwelling unit or occupancy unit. A type of ownership.
CONSTRUCTION, COMMENCEMENT OF. The point in time commemorating the breaking of ground
for the construction of a development or structure.
CONSTRUCTION FACILITY, TEMPORARY. Temporary buildings or structures incidental to
construction operations used during construction development.
CONVENIENCE MARKET. See MARKET. CONVENIENCE.
Chapter 3: Definitions
3-6
as amended per Z-320,. Z-339,. Z-340; Z-345,' Z-365-01; Z-369-02,' Z-389-02
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CITY OF CA~~ & CLAY TOWNSHIP ZONING ORDINANCE
Cm,,TVENIENCE STORE (WITH OR WITHOUT GAS SALES). see STORE, CONVENIENCE (FVITH
OR WITHOUT GAS SALES).
COOPERATIVE. A type of ownership characterized by collective ownership of an object by an
organization whose members share in the profits or other benefits of said collective ownership.
COUNCIL. The Gtty Common Council of the City of Carmel, Indiana. (amended per Z-365-01)
COUNTRY CLUB. A club with recreation facilities for members, their families and invited guests.
COUNTY. Hamilton County, Indiana.
CROSSWAY. A pedestrian mid~block walk located in an easement within the street.
CUL-DE-LOOP. A street that turns into and reconnects with its main axis, with the center or island used
for parking or open space purposes.
CUL-DE-SAC. (Court or Dead End Street). A ShOlt street having one end open to a through street and
being pemlaneritly tenninated by a vehicle turn-around. The length of a cul-de-sac is measured
from the center ofthe turn-around to the centerline ofthe first intersecting through street.
DATA PROCESSING & ANALYSIS FACILITY. Facility where electronic data is processed by
employees, including, without limitation, data entry, storage, conversion or analysis, subscription
and credit card transaction processing, telephone sales and order colleclion, mail order and catalog
sales, and mailing list preparation
DAY (OR DAY CARE) NURSERY. An organized group program for the care of children away from their
own residence for any part of a twenty-four (24) hour day, for compensation or otherwise.
DECIBEL. A unit of measurement of lhe intensity or loudness of sound. Sound level meters are used to
measure such intensities and are calibrated in decibels,
DENSITY, GROSS. The total number of dwelling units divided by the gross area in acres.
DEPARTMENT. Department of Community Services.
DEVELOPMENT. Existin6 faeilities (structures). Any man-made change to improved or unimproved real
estate including but not limited to:
I. construction, reconstruction, or placement of a building or any addition to a building;
2. installing a manufactured home on a site, preparing a site for a manufactured home or
installing a recreational vehicle on a site for more than one hundred eighty (180) days;
3. installing utilities, erection of walls or fences, construction ofroads, or similar projects;
4. construction of flood control structures such as levees, dikes, dams, chalmel
improvements, etc.;
5. mining, dredging, filling, grading, excavation, or drilling operations;
6. construction and/or reconstmction or bridges or culverts;
7. storage of materials, or;
Chapter 3: Definitions
3-7
as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02
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C1TY OF CAW & CLA Y TOWNSHIP ZONING ORDINANCE
8. any other activity that might change the direction, height, or velocity of flood or surface
waters.
"Development" does not include actIvItIes such as the maintenance of existing buildings and
facilities such as painting, re-roofing; resurfacing roads; or gardening, plowing, and similar
agricultural practices that do not involve fIlling, grading, excavation, or the construction of
permanent buildings
DEVELOPMENT REQUIRErvlENTS. Development standards, plus any additional requirements specified
in this Ordinance which must be satisfied in connection of the approval of a Subdivision or
Development Plan. (adopted per Z-340)
DIAMETER AT BREAST HEIGHT (dbh). Diameter of a tree trunk measured at fifty-four (54) inches
above grade. (adopted per Z-345)
DIRECTOR. Director, or Administrator, of the Department of Conmlunity Services for the City of Carmel,
Indiana. "Director" and "Administrator" shall include his/her authorized representatives.
DISH. That part of the earth station shaped like a saucer or dish.
DISPOSAL FACILITY. A site or plant where solid waste is subject to treatment, storage, recovery,
incineration, grinding, composting, collection or covering by earth.
DISTRICT. The zoning districts established in this ordinance.
DRAINAGE CONCENTRATION. The diversion of the natural flow of water, directed to a point or an
area, that creates a greater than natural flow at that point or area.
DRIVE, OPEN. All existing internal roads, drives and streets in the Meijer Zone generally open for use by
the general public and all internal roads, drives and streets in the Village Zone approved prior to
the enactment of this Ordinance. (relocated per Z-365-01)
DRIVEW A Y. That space or area of a Lot which is specifically designated and reserved for the movement
of motor vehicles within the Lot or from the Lot to a public street.
DRY CLEANING ESTABLISHMENT WITH ON-SITE PLANT. An establishment or business maintained
for the pickup and delivery of dry cleaning and/or laundry with an on-site plant and the
maintenance or operation of any laundry or dry cleaning equipment on the premises.
DRY CLEANING ESTABLISHMENT WITHOUT ON-SITE PLANT. An establishment or business
maintained for the pickup and delivery of dry cleaning and/or laundry without an on-site plant and
without the maintenance or operation of any laUl1dry or dry cleaning equipment on the premises.
DUSTLESS HARD SURFACE. A surface adequately covered in accordance with the current standards of
the City of Carmel and required to be maintained in good condition at all tinles.
DWELLING. A building, or portion thereof, used primarily as a place of abode for one or more human
beings, but not including hotels or motels, lodging or boarding houses or tourist homes.
DWELLING, ACCESSORY. A single dwelling that is attached to or located on the same lot as a detached
or attached single family dwelling, has an independent means of access and is owned by the owner
of the Principal Building but occupied by another. Accessory dwellings include Apartments
Chapter 3: Definitions
3-8
as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02
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CITY OF C~ & CLAY TOWNSHTP ZONING ORDlNANCE
integrated within or attached to a Single-family dwelling, or located in detached Accessory
buildings located on the same lot as the Single-family dwelling. (relocated per 2-365-01)
DWELLING, ATTACHED. A Townhouse, duplex, triplex, or quadraplex dwellings, developed side by
side for sale as condominiums or fee-simple dwelling where land is sold with the dwelling.
Attached dwellings whether sold as condominiums or as individually deeded lots are excluded
from the definition of apartments. (relocated per 2-365-01)
D'NELLING, CLUSTER HO~-:[E. ORe 0f more single family d'l:elling structures '.'I'ith no-er-mffiimal front,
Side and Rear Yards aad ,,:hich mayor may not ha':e non living areas connected by COIIlIHOR
walls. The size, \':idth and configmation of the Lot for each single family dwelliag struotlifO is
usually less than is cmPlcntionally required by zon:i:ng and as such these dwellings are regulated by
Sectim'l 33.0 of the Zoning Ordinanee-, (repealed per 2-294)
DWELLING, MULTIPLE F}.MIL Y. }. residential building containing three or more dwelling units i:IHd
oocupied by tffiee Elf more families. (repealed per 2-345)
DWELLING, MULTIPLE-FAMILY. A residential building containing three (3) or more dwelling wlits
and occupied by three (3) or more families. Except as otherwise provided by state statute, a Group
Home shall not be considered a Multiple-Family Dwelling and treated as such under this
Ordinance. (adopted perZ-345)
D'.VELLING, SINGLE FAMILY. .'\ resiaeBlial bHilding contamlllg only one d'.velling unit and not
occupied by lIKlre thaR 600 fanHly. (repealed per Z-345)
DWELLING, SINGLE-FA1VlILY. A residential building containing only one (1) Dwelling Unit and not
occupied by more than one (1) Family. Pursuant to IC 12-28-4-7, a Group Home for the mentally
ill shall be treated as if it were a Single-Family Dwelling, unless the Group Home will be located
within three thousand (3,000) feet of another Group Home for the mentally ill, as measured
between lot lines. Pursuant to IC 12-28-4-8, a Group Home for not more than ten (10)
developmentally disabled individuals which is established under a program authorized by IC 12-
11-1.1-I(e)(1) or IC 12-11-1.l-1(e)(2) shall be treated as if it were a Single-Family Dwelling.
(adopted per 2-345)
DWELLING, TWO-FAMILY. A residential building containing two dwelling units and not occupied by
more than two families.
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 one family and which includes permanent provisions for living, sleeping, eating, cooking and
sanitation.
EQUIPMENT SALES & REF AIR. The use of land, buildings or structures for the sale, storage or repair of
equipment and machinel}', which may include but is not limited to farm implement sales and repair
and small engine sales and repair.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. See MANUFACTURED HOME
PARK OR SUBDIVISION. EXISTING.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. Means the
preparation of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads).
Chapter 3: DefInitions
3-9
as amended per Z-320; Z-339; Z-340,- Z-345; Z-365-01; Z-369-02; Z-389-02
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CITY OF CA~ & CLAY TOViNSHfP ZONING ORDINANCE
FA<;:ADE. A building face or wall. (relocated per Z-365-01)
FACILITY, ASSISTED LIVING, Housing wherein limited health care is provided for the aged.
FACILITY, HEALTH AND FITh1ESS. A place to exercise although not necessarily under the supervision
of a physical therapist, occupational therapist, exercise physiologist, or other similar health care
provider.
FACILITY, OCCUPATIONAL THERAPY. A place where therapy in which the principal element is some
form of productive or creative activity is provided.
FACILITY, PHYSICAL THERAPY. A place where treatment of disease and injury by mechanical means
such as exercise, heat, light, and massage is provided.
FACILITY, REHABILITATION. A place used to assist humans to achieve or to restore good health or
useful life through therapy, treatment and education.
FAMILY. One or more persons living as a single housekeeping unit, as distinguished from a group
occupying a hotel, club, nursing home, fraternity or sorority house, or Group Home. (amended per
2-345)
FAMILY OR CHILD ADVOCACY CENTER. See CENTER, FAMILY or CHILD AD VOCACY.
F AR1\tI. A tract ofland cO!llprising an area of at least five acres which is devoted to agricultural operations,
such as forestry; the growing of crops; pasturage; the production of livestock and poultry; the
growing of trees, shrubs and plants; and other recognized agricultural pursuits and including
accessory buildings essential to the operation of the farm. Accessory buildings may include barns;
equipment and animal sheds; fam1 residences for the owner, operator or farm assistants; roadside
sales structure for the sale of products of the farm, not including industrial or commercial
operations or structures or feedlots.
FBFM. Flood Boundary and Floodway Map.
FEED STORE. An establishment engaged in the retail sale of supplies directly related to the day-to-day
activities of agricultural production.
FEEDLOT. Any area, enclosed or unenclosed, used for the concentrated fceding of livestock, other than
grazmg.
FEMA. Federal Emergency Management Agency.
FENCE. A freestanding device made of metal, masonry, composition or wood, or any combination thereof,
resting on or partially buried in the ground, rising above ground level and used for confinement,
screening protection or partition purposes.
FENCE, STOCKADE. A fence constructed of vertical wood strips, with no intervening spaces, providing a
complete visual barrier.
Ff-IBM. Flood Hazard Boundary Map.
FIRM. Flood Insurance Rate Map.
FINANCIAL INSTITUTION. See INSTITUTION, FTNANCIAL.
Chapter 3: Definitions
3-10
as amended per Z-320; Z-339; Z-340,' Z-345; Z-365-01; Z-369-02; Z-389-02
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CITY OF cL~ & CLAY TOiVNSHrP ZONING ORDINANCE
FISCAL OFFICER. The fiscal officer, as defmed by state law, of the local government unit imposing an
impact fee pursuant to this PRIF Ordinance, namely the Clerk-Treasurer of the City of Camlel.
FLASH POINT. The lowest temperature at which a combustible liquid under prescribed conditions will
give off a flammable vapor which will burn momentarily using the closed cup method.
FLOOD. A general and temporary condition of partial or complete inundation of nommlly dry land areas
from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any
source.
FLOOD, REGULATORY. Means the flood having a one percent (1%) probability of being equaled to or
exceeded in any given year, as calculated by a method and procedure which is acceptable to and
approved by the Indiana Natural Resource Commission and the Federal Emergency Management
Agency. The regulatory flood elevation at any location is as defmed in Section 22.4 of this
ordinance. The "Regulatory Flood" is also known by the term "Base Flood." (amended per Z-
339)
FLOOD HAZARD AREAS. The flood plain areas that have not been adequately protected from flooding
by means of dikes, levees, reservoirs and other works approved by the Indiana Natural Resources
Commission.
FLOOD PLAIN. The charmel proper and the areas adjoining any wetland, lake, or watercourse which have
been and hereafter may be covered by the regulatory flood. The floodplain includes both the
floodway and thefloodway fringe districts.
FLOOD PROFILE, REGULATORY. A longitudinal profile along the thread of a river or stream showing
the maximlUl1 water surface attained by the regulatory flood.
FLOOD PROTECTION GRADE (FPG). The elevation of the regulatory flood plus two (2) feet at any
given location in the SFHA.
FLOODW A Y. The channel of a river or a stream and those portions of the floodplains adjoining the
channel which are reasonably required to efficiently caIT)' and discharge the peak flood flow of the
regulatory flood of any river or stream.
FLOODW A Y, COMMISSION. The chmmel of a river or stream and those portions of the flood plain
adjoining the channel that are required to carry and discharge flood waters of said river or stream,
including but not limited to flood flows associated with the regulatory flood, as established by the
Indiana Natural Resources Commission.
FLOODW A Y FRINGE. Those portions of the floodplain lying outside the floodway.
FLOOR, GROUND. The first level of a building that provides outside access by a door.
FLOOR, LOWEST. Means the lowest floor of the following:
1. the top of the basement floor;
2. the top of the garage floor, if the garage is the lowest level of the building;
3. the top of the first floor of buildings elevated on pilings or constructed on a crawl space
with permanent openings, or;
Chapter 3: Definitions
3-11
as amended per Z-320,' Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02
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CITY OF CAU& CLAY TOWNSHIP ZONING ORDINANCE
4. the top of the floor level of any enclosure below an elevated building where the walls of
the enclosure provided any resistance to the flow of water unless:
a. the walls are designed to automatically equalize the hydrostatic flood
forces on the walls by allowing for the entry and exit of flood waters, by
providing a minimum of two (2) openings (in addition to doorways and
windows) having a total area of one (1) square foot for every two (2) square feet
of enclosed area subject to flooding. TIle bottom of all such openings shall be
no higher than one (1) foot above grade.
b. such enclosed space shall be usable for the parking of vehicles and building
access.
FLOOR AREA, GROSS. The sum of the total horizontal areas of the several floors of all buildings on a
Lot, measured from the interior faces of exterior walls. The term gross floor area shall include
basement, elevator shafts and stairwells of each story, Hoar space used for mechanical equipment
with structural headroom of six (6) feet six (6) inches or more, penthouses, attic space (whether or
not a floor has actually been laid providing headroom of six (6) feet six (6) inches or more),
interior balconies, and mezzanines.
FLOOR AREA, GROUND. The square foot area of a building within its largest outside dimensions
computed on a horizontal plane at the ground floor level, exclusive of open porches, breeze-ways,
terraces, garages, and exterior stairway.
FLOOR AREA, NET. The sum of the total horizontal areas of the several floors of all buildings 011 a Lot,
measured from the interior faces of exterior walls and from the center line of walls separating two
or more buildings. The ten11 net floor area shall include outdoor display areas for the sale, rental
and display of recreational vehicles, boats and boating equipment; trailers; horticultural items, farm
or garden equipment and other similar products; but shall exclude areas designed for pem1311ent
uses such as toilets, utility closets, malls enclosed or not, truck tunnels, enclosed parking areas,
meters, rooftop mechanical structures, mechanical and equipment rooms, public and fire conidors,
stairwells, elevators, escalators, and areas under a sloping ceiling where the headroom in fifty
percent (50%) of such area is less than six (6) feet six (6) inches.
FLOOR AREA RA no (FAR). A figure expressing the total gross floor area as a multiple of the area of a
Lot or parcel. This figure is determined by dividing the gross floor area of all buildings including
basements, but not coveted parking on a Lot or parcel, by the area of that Lot or parcel. (adopted
per Z-340)
FOOD STAND. A structure used for the display and retail sale of food products with no space tor
customers within the structure itself.
FOOTCANDLE. A unit of illumination. II is equivalent to the illumination at all points which are one (1)
foot distant from a uniform source of one (1) candlepower.
FRONT AGE. Generally, the distance of the Front Lot Line of a Lot abutting a Street. When a particular
development standard requires that Buildings occupy a certain minimum percentage of the
Frontage, the Frontage shall be the distance of the Front Lot Line reduced by physical, legal and
other characteristics of the Lot located in or impacting the Front Yard in a manner that limits of
prevents the construction of Buildings on the Lot which Buildings could, except for such
characteristics, be oriented to the Build-to Line. Examples include, without limitation, retention
and detention ponds, rights-of-way, permitted parking areas, and utility easements.
FUEL SALES. See SALES, FUEL.
Chapter 3: Definitions
3-12
as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-.189-02
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CITY OF C~& CLAY TOWNSHIP ZONING ORDINANCE
FUNERAL HOME OR MORTUARY. An establishment providing services such as preparing the human
dead for burial and arranging and managing funeral, and may include limited caretaker facilities.
This may also include crematoriums.
GARAGE, PRIVATE. An accessory building or portion of the principal residential building, commonly
used for the shelter and storage of vehicles.
GARAGE, PUBLIC. Any building, except those defined herein as a private garage, used for the storage or
care of motor vehicles or where such vehicles are equipped for operation, repaired or kept for
remuneration, hire or sale.
GENERAL AGRICULTURE. See AGRICULTURE. GENERAL.
GENERAL OFFICE. See OFFICE, GENERAL.
GENERAL PERSONAL SERVICES. An establishment or place of business primarily engaged in the
provision of frequent or recuITent needed services of a personal nature. Typical uses include, but
are not limited to, beauty and barbershops, shoe repair shops, and tailor shops.
GENERAL RETAIL SALES. See SALES, GENERAL RETAIL.
GOLF COURSE. A tract of land laid out with at least nine holes for playing a game of golf and improved
with tees, greens, fairways, and hazards. A golf course includes a clubhouse and shelters as
accessory uses.
GRACE PERIOD. Extension oftime granted for correction, termination, or cessation of a civil violation of
the Zoning Ordinance.
GRAIN ELEVATOR. A building for elevating, storing, discharging, and sometimes processing grain.
GREENBEL T. That portion ofthe Front Yard of the Lot which is immediately adj acent and parallel to the
right-of-way of State Highway 43 I, U.S. Highway 3 I or U.S. Highway 421, located within an
Overlay Zone District Boimdary and having a minimum depth of thirty (30) feet.
GREENBELT BUFFER. See BUFFER, GREEN BEL T.
GREENHOUSE. A structure for the propagation of plant materials and for sale of same.
GREENHOUSE, COMMERCIAL. A building used for the growing of plants, all or part ofwruch are sold
at retail or wholesale. This includes plant growing operations.
GUEST HOUSE. See HOUSE, GUEST
HABIT A nON/OCCUP ANCY. The act, state or condition of being or becoming a tenant or of living in or
taking up quarters 'or space in a structure or on a land area.
HEALTH A!\lJ) FITNESS FACILITY. See FACILITY, HEALTH AND FITNESS.
HEA VY INDUSTRIAL. See lNDUSTR1AL, HEA VY
I-IEAVY MANUFACTURING. See MANUPACTUR1NG, HEAVY
Chapter 3: Definitions
3-13
as amended per Z-320; Z-339; Z-340; Z-345; Z-365-0J; Z-369-02; Z-389-02
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.. (. J
CITY OF CAR~~& CLA i' TOWNSHJP ZONfNG ORlJJNANCE
HEIGHT, BUILDING. The vertical distance from the lot ground level to the highest point of the roof for a
flat roof, to the deck line of a mansard roof and to the midpoint between eaves and ridges for
gable, hip and gambrel roofs.
HELICOPTER PAD. A level surface designed to accommodate the landing and taking off of helicopters.
HELIPORT. A facility or land area with navigation devices for the takeoff and landing of helicopters with
or without services available for aircraft.
HISTORIC SITE. A location set aside for no other purpose than to commemorate a historical event,
activity, or person.
HOME, GROUP. Any of the following:
1. a residential structure (licensed under IC 12-17.4) in which care is provided on a twenty-
four (24) hour basis for not more than ten (10) children; or
2. a facility (licensed under IC 12-28-4) that provides residential services for
developmentally disabled individuals in a program described in IC 12-11-1.1-1 (e)( I) or
Ie 12-11-1.1-1(e)(2); or .
3. a facility (licensed under IC 12-28-4) that provides residential services for mentally ill
individuals in a program described in IC 12-22-2-3. (adopted per 2-345)
HOME, MANUFACTURED. IC 36-7-4-1106 established a definition of a manufactured home to be a
dwelling unit designed and built in a factory containing a seal certifying that the home was built in
compliance with Federal Manufactured Housing Construction and Safety Standards Law (42
U.S.c. 5401 et seq.) and applies to such homes that were built after January 1, 1981.
Manufactured homes which exceed 950 square feet Ifiay not be totally precluded by ordinance
from being located in various areas zoned for housing.
HOME, MODEL. A finished, residential milt, including unit~ in a multifamily structme and mobile homes
for which a certificate of occupancy could be obtained, located in a residentially zoned district but
utilized as an example of a product offered for sale to pmchasers (by a realtor, builder, developer,
or contractor). The dwelling house may be furnished but not occupied as a residence while being
used as a "Model Home."
HOME, TOURIST. A building in which one (1) but not more than five (5) guest rooms are used to provide
or offer overnight accommodations to transient guests for compensation.
HOME OCCUPATION. An Accessory Use conducted in a Single-, Two- or Multiple-family Dwelling
which is clearly incidental and secondary to the Use of the Dwelling for dwelling purposes. (see
also Section 25.18)
HOSPICE. An establishment that provides palliative care and attends to the emotional and spiritual needs
of terminally ill patients.
HOSPITAL. An establishment for humans providing physical or mental health services, in-patient or
overnight accommodations, and medical or surgical care of the sick or injured. Hospital includes
sanitariums.
HOSPITAL, VETERINARY WITH KENNEL. A facility for the practice of veterinary medicine with
provisions for the boarding of animals.
Chapter 3: Definitions
3-14
as amended per Z-320j Z-339; Z-340; Z-345; Z-365-0Ij Z-369-02j Z-389-02
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CITY OF C/\W& CLAY TOWNSHIP ZONING ORD[NANCE
HOSPITAL, VETERINARY WITHOUT KENNEL. A facility for the practice of veterinary medicine
without provisions for the boarding of animals.
HOTEL. Any building or group of buildings containing five (5) or more rooms without direct entrance to
or from the outside, designed or intended to be occupied for sleeping purposes by guests for a fee,
often with a common kitchen and dining room facilities provided within the building or an
accessory building, and which caters to the traveling public. (adopted per Z-340)
HOTEL, FULL SERVICE. A commercial building or buildings with guest rooms for sleeping, a common
kitchen, and a full service dining room to provide meals for paying guests, a 24 hour reception
desk, a lobby, and conference rooms with a miilimum of forty (40) square feet of conference room
per guest room. The rooms shall be primarily designed for and occupied by transients renting
them on a daily basis and usually staying less than 7 days. Recreational amenities shall be
included within the hotel, or within three hundred (300) feet (walking distance) of the hotel.
(adopted perZ-340)
lIOTEL OR MOTEL. ,^, building off Dring temporary housing to the public for compensation, which is
available to traflsient guests and in which no indi-v-idual cooking facilities are pro'filled. (repealed
per Z-340)
HOUSE, BOARDING. A building not open to transients, where lodging and/or meals are provided for
three or more, but not over thirty (30), persons regularly; a lodging house.
HOUSE, GUEST. Living quarters within a detached accessory building located on the same premises with
the main residence building for use by temporary guests of the occupants of the main residence
building, sue!> q,:r:rtc.~s h;r.'ing 7'/$ htchel1 facilities or separate utf!ity meters mul not rented or
otherwise used as a separate dwelling.
HOUSE, ROW OR TOWN. A series a/two or more dwelb;g w;its. ,"i.7f1Rged side by side. separated-hy
Gemmen walls between !i~'ing areas, each ;mit h([)'f;'lg .e:1O er mere fevols.
HOUSE P AD ELEVATION. The lowest outside finished ground elevation necessary to meet the minimum
drainage requirements for the ground floor of a structure.
ILLUMINATION. Artificial light which shall not be blinking, fluctuating, or moving. Light rays shall
shine only upon the property within the premises and shall not spill over the property lines in any
direction, except in excess of developmental standards of the Ordinance.
IMPACT FEE STATUTE. The following provisions to the Indiana Code, as amended: IC 36-7-4-1300
through Ie 36-7-4-1342.
IMPROVEMENT. Any change in use, any major exterior remodeling of a stmcture or grounds, any
addition to a structure or parking area, or any interior remodeling of over thirty percent (30%) of
the gross square footage of a structure.
IMPROVEMENT, SUBSTANTIAL. Means any reconstruction, rehabilitation, addition, or other
improvement of a stmcture, the cost of which equals or exceeds fifty percent (50%) of the market
value of the structure before the "start of construction" of the improvement. This tenT! includes
structures that have incurred "substantial damage" regardless of the actual repair work perfonned.
The term does not include improvements of structures to correct existing violations of state and
local health, sanitary, or safety code requirements of any alterations of a "historic structure,"
provided that the alteration will not preclude the structure's continued designations as a "historic
structure."
Chapter 3; Definitions
3-15
as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02
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( )
CITY OF CAR~& eLA Y TOViNSHlP ZONING ORDINANCE
IMPROVEMENT LOCATION PERMIT. A permit signed by the Director stating that a proposed
improvement complies with the provisions of this ordinance and such other ordinances as may be
applicable. For the purposes of the Impact Fee Statute, and Improvement Location Pennit (issued
under the Carmel/Clay Zoning Ordinance) shall be considered a "structural building pennit."
(Section 29.7.1)
INDOOR STORAGE. See STORAGE, INDOOR.
INDUSTRIAL, HEAVY. An industrial use which requires both building and open area for manufacturing,
fabricating, processing, repairing, dismantling, storage or disposal of raw materials, manufactured
products or wastes which is not injurious to health or safety of humans or animals, or injurious to
vegetation and which is not noxious or offensive by reason of the emission of smoke, dust, gas,
fumes, odors, or vibrations beyond the limits established herein.
INDUSTRlAL, LIGHT. An industrial use which creates a minimum amount ofnuisallce outside the plant,
is conducted entirely within enclosed buildings, does not use the open area around such buildings
for storage of raw materials or manufactured products or for any other industrial purpose other
than transporting goods benveen buildings, provides for enclosed loading and unloading berths and
which is not noxious or offensive by reason of the emission of smoke, dust, fumes, gas, odors,
noises or vibrations beyond the limits established herein. This may include a machine shop, sign
shop, welding shop, sheet metal shop, specialized contractor shop, or exterminating shop.
L'~V_ Aw. establishment used, maintained or advcf'#red-fl-!r----a-pfaee-4Wrere sleeping accommodations arc
supplied for short term rent (less than 30 consecutivc days) to tenants, in -.,'.'!lich rooms m.c
furnished for the accommodations of Slid guests, '(,'hich Inti)! have as an acccssOl)' use one or
more dining rooms, and which may include imli';idual kit-de:? facitities_ (adopted per 2 310)
INSTITUTION. A non-profit organization established for public, charitable, educational or religious
purposes such as church, college OJ university, hospital or school.
iNSTITUTION, FINANCIAL. Any building wherein the primary occupation is concerned with such
Federal or State-regulated businesses as banking, savings and loans, loan companies and
investment companies.
JUNK YARD. Any place at which personal property is or may be salvaged for reuse, resale or reduction or
similar disposition and is owned, possessed, collected, accumulated, dismantled or s0l1ed,
including, but not limited to used or salvaged base metal or metals, their compounds or
combinations; used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and
similar property, except animal matter; and used motor vehicles, machinery or equipment which is
used, owned or possessed for the purpose of wrecking oTsalvaging parts therefrom.
JURISDICTION OF THE COMMISSION A~TD THE BOARD. The City of Carmel, Indiana and the
eElAtigl1our, unincorporated territory of Clay Township, Hamilton County, Indiana. The jurisdiction
of the Board is identical. (amended per 2-365-01)
KENNEL, COMMERCIAL. Any Lot on which four or more dogs, or small animals, at least four months of
age are kept.
KENNEL, RESIDENTIAL. Any Lot on which three or less dogs, or small animals, at least four months of
age are kept.
KINDERGARTEN (PRE-SCHOOL). A school for children primarily bet';'.'(Jcli /:he ages of three Elnd /i'.'c,
providing preparation for elementary school.
Chapter 3: Definitions
3-16
as amended per Z-320,. Z-339; Z-340; Z-345j Z-365-(J]; Z-369-02j Z-389-02
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CITY Of CARW& CLAY TOWNSHIP ZONING ORDINANCE
LABORATORY, MEDICAL A place for gathering, sampling, handling, processing, observing, and testing
human tissue, blood, and other similar items.
LAKE OR POND, ARTIFICIAL A man-made body of water fed by a ,'iatercourse of 1000 square feet or
greater in area.
LANDSCAPED GREEN AREA. An area which includes live plantings other than grass. The size of
planting at the time of installation shall be not less than a minimum of 18 inches width and hcight
for shrubs, a minimum of 4 - 5 feet in height for evergreen conifer trees and a minimum of 6 - 8
feet in height for shade trees.
LANDSCAPING. The improvement of a Lot with grass and mounding, shrubs, trees, other vegetation
and/or ornamental objects. Landscaping may include pedestrian walks, flowerbcds, rctention
ponds, ornamental objects such as fountains, statues and other similar natural or aItificial objects
designed and arranged to produce an aesthetically pleasing effect.
LETTER OF MAP AMENDMENT (LOMA). An amendment to the currently effective FEMA map that
establishes that a property is not locatcd in a Special Flood Hazard Area (SFHA). A LOMA is
only issued by FEMA. (Section 22.15)
LETTER OF MAP REVISION (LOMR). An official revision to the currently effective FEMA map. It is
issued by FEMA and changes flood zones, delineations, and elevations. (Section 22.15)
LIBRARY. A public facility for the use, but not sale, of literary, musical, artistic, or reference materials.
(A Glossary o(Zoning... pg 139)
LIGHT INDUSTRIAL. See INDUSTRIAL, LiGHT
LIGHT MANUFACTURING. See MANUFACTURING, LIGHT.
LIVESTOCK. Animals and especially limn animals, raised for use, profit or enjoyment including horses,
ponies, cattle, sheep, goats and other similar domesticated animals.
LOGO. The official emblem or insignia of an organization, corporation or institution. (Section 25.7)
LOT. A portion of a Subdivision or other parcel of land intended as a unit for transfer of ownership or
development and having its principal frontage on a slreet.
LOT, CORNER. A Lot at the junction of, and having frontage 011, two or more intersecting streets.
LOT, DEPTH OF. The mean horizontal distance belween the Front Lot Line and the Rear Lot Line,
measured in the general direction of the Side Lot Lines.
LOT, DOUBLE FRONTAGE. A Lot fronting on two non-intersecting streets.
LOT, IMPROVED. A Lot fronting on an improved or partial streetthat is open for public use.
LOT, INTERIOR. A Lot other than a comer lot or through lot.
LOT, REVERSED INTERIOR. A Lot, other than a corner lot, which has frontage on a streel perpendicular
to, or at an angle with, the frontage street of the adjacent Lots.
LOT, THROUGH. A Lot having frontage on two parallel or approximately parallel streets.
Chapter J: Definitions
3-17
as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02
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CITY OF C~ CLAY TOWNSHIP ZONING ORDINANCE
LOT COVERAGE. The percentage ofthc lot area covered by the building area.
LOT COVERAGE, MAXIMUM. The entire Lot or parcel which can be developed (buildings, principal or
accessory; storage areas; parking lots and other accessory uses).
LOT GROUND LEVEL. For buildings having walls adjoining one street only, the elevation of the
sidewalk or the established grade of the street at the Front Lot Line at the center of the wall
adjoining the street; for buildings having walls adjoining more than one street, the average of the
elevation of the sidewalk or the established grade at the center of the walls adjoining the streets,
and, for buildings having no wall adjoining the street, the average level of the ground adjacent to
the exterior walls of the building. Any wall approximately parallel to and not more than five (5)
feet from a street is to be considered as adjoining the street.
LOT LfNE, FRONT. In the case of an interior lot, a line separating the Lot from the right-of-way of the
street and, in the case of a comer lot, a line separating the nanowest frontage of the Lot from the
street, except in cases where deed restrictions in effect specify another street right-of-way line as
the Front Lot Line.
LOT LINE, REAR. A lot line which is opposite and most distant from the Front Lot Line and, in the case
of an irregular or triangular-shaped Lot, a line ten (J 0) feet in length within the Lot, parallel to and
at the maximum distance from the Front Lot Line.
LOT LINE, SIDE. Any lot boundary line not a Front Lot Line or a Rear Lot Line.
LOT LINE, ZERO. 'Iue placement of a dwelling unit on an individual Lot in which one or more of the
walls of the dwelling ullit are at olle or more of the lot lines.
LOT OF RECORD. A Lot which has been recorded prior to December 2 J, 1957.
LOT WIDTH. The dimension of a Lot, measured between Side Lot Lines on the building line (or in the
case of a CUlved building line, it is measured tangcnt to the arc).
LOW NOISE AMPLIFIED (LNA). A signal amplifying device situated within the earth station; the
purpose of which is to magnify the electronic signals received and transfer them through the
coaxial cable to the receiver.
LOWEST FLOOR. See FLOOR. LOWEST.
LUMBER OR BUILDING MATERIALS SALES. Retailing, wholesaling, or rental of building supplies or
construction equipment within a completely enclosed structure, or within an outdoor area which is
100% fully screened with a solid fence or wall with a minimum height no less than that of the
material being sold or rented. This classification includes lumberyards, home improvement sales
and services, tool and equipment sales or rental establishments.
MANUFACnJRED HOME PARK OR SUBDIVISION, EXISTING. Means a manufactured home park or
subdivision for which the construction of facililies for servicing the lots on which the manufactured
homes are to be. affixed (including, at a minimum, the installation of utilities, the construction of
streets, and either final grading or the pouring of concrete pads) is completed before the effective
date of this ordinance. (Section 22.15)
MANUFACTURED HOUSING SALES. See SALES. MANUFACTURED HOUS1NG
MANUFACTURING, HEAVY. The manufacture or compounding process of raw materials. These
activities or processes would necessitate thc storage of large volumes of highly flammable, toxic
Chapter 3: Definitions
3-18
as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02
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CITY OF CARU& etA Y TOWNSHIP ZONING ORDINANCE
materials or explosive materials needed for the manufacturing process. These activities may
include disposal of radioactive materials, fertilizcr manufacturing, leather curing and tanning, lime,
cement, asphalt, and gypsum refining and manufacturing, petroleum refining and manufacturing,
reclaiming processes involving materials and/or chemicals that are considered dangerous to the
health, safety and welfare of the general public as determined by the State of Indiana, Board of
Hcalth, or the City of Carmel, slaughtering, stock yards, wood preservativcs refining and
manufacturing, and the manufacture of flammable liquids or gases. (A Glossary of Zoning... pg.
145)
MANUFACTURING, LIGHT. The manufacture, predominantly from previously prepared materials, of
finished products or parts, including processing, fabrication, assembly, treatment and packaging of
such products, and incidental storage, sales, and distribution of such products, but excluding basic
industrial processing and custom manufacturing. This may include a lithographing cstablishment.
(A Glossary o[Zoning... pg. 145)
MARKET, CONVENIENCE: An establishment, not exceeding 5,000 square feet of gross floor area,
serving a limited market area and engaged in retail sales or rental, from the premises, of food,
beverages and other frequently or recurrently needed items for household use, excluding gasoline
sales. (relocated per Z-365-01)
MEDICAL LABORATORY. See LABORATORY, MED1CAL.
MEDICAL OFFICE. See Of riCE, MED1CAL.
MEETING OR PARTY HALL. A building designed for public assembly, containing at least one room
having an area equivalent for four hundred (400) square feet per dwelling tillit or 2,400 gross
square feet, whichever is greater. (A Glossmy a/Zoning... pg /47)
MINERAL, SOIL, OR ORA VEL EXTRACTION OPERATIONS. Any process used in obtaining, from the
earth, naturally occurring substances.
MOBILE I-IOME PARK. An area of land upon which two or more mobile homes are harbored for the
purpose of being occupied either free of charge or for revenue purposes, including any building,
structure, vehicle or enclosure uscd or intended for use as a part of the equipment of such mobile
home park.
MOBILE HOME STA1\1D OR PAD. A stationary foundation designed for a mobilc home providing
support, water supply, waste disposal and electrical convenience.
MODEL HOME. See HOME. MODEL
MOTEL. Any building or group of buildings containing five (5) or more rooms with direct entrance to or
from the outside, designed or intended to be occupied for sleeping purposes by guests for a fee.
a/tell with t/ cemmOll kitchen and dining room-faeilities may be J7rir:id..;d '.l'itl~:.:'1 the fmi.L1.!.v; sr :m
awes;']a!""}' !3uil.iing, 8:,d ,':hich Balol"s Ie :he iNlPcli;;g public. (adopted per Z 340)
MOTOR BUS OR RAILROAD STATION. See STATiON. MOTOR BUS OR RAILROAD.
MOUNDING. Slopes with a ratio in excess of 1 (vertical) : 10 (horizontal), (1:10 (10%) slopes require
approval by the Commission per ADLS review. Approval of mounding must be a part of the
overall site landscaping plan. (Section 25.7)
MULTI-FAMILY HOUSING COMPLEX. A building(s) tor residential purposes with three (3) or more
dwelling units, having common or party walls, on a single lot. (Section 25.7)
Chapter 3: DefInitions
3-19
as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02
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CITY OF CAR~& CLAY TOWNSHIP ZONING ORDINANCE
MULTI-TENANT MULTI-LEVEL BUILDING. See BUILDING, MULTI-TENANT MULn-LEVEL
MULTI-TENANT GROUND FLOOR BUILDING. See BUILDING, MULTl-TENANT GROUND
FLOOR.
MULTI-TENANT BUILDING COMPLEX. Two (2) or more buildings designed to function as a unit or
one (1) building with seven (7) or more tenants. (Section 25.7)
MULTI- TENANT BUILDING COMPLEX DIRECTORY SIGN. See SIGN, MULTf-TENANT BUILDING
COMPLt"X DiRECTORY.
MULTIPLE-FAMILY DWELLING. See DWELLING, MULTIPLE-FAMiLY.
MUSEUM. An institution that is established for the purpose of acquiring, conserving, studying,
interpreting, assembling and exhibiting to the public for its instruction or enjoyment, a col1ection
of altifacts of historical interest. (Zoning Dictionmy pg. 129)
NAMEPLA TE. A non-electrical wall sign identifying only the name and occupation or profession of the
occupant of the premises on which the sign is located. If any premises include more than one
occupant, refers to all names and occupations or professions as well as the name of the building
and directional information. (Section 25.7)
NEW MANUFACTURED HOME PARK OR SUBDIVISION. Means a manufactured home park or
subdivision for which theconstructiOIl of facilities fOf servicing lots all which the manufactured
homes are to be affixed (including at a minimum, the installation of utilities, the construction of
streets, and either final site grading or the pouring of co'tcrete pads) is completed on or after the
effective date of this ordinance. (Section 22.15)
NOTICE OF VIOLA nON. Written notification of non-compliance in accordance with Chapter 34.
NURSING, RETIREMENT OR CONY ALES CENT FACILITY. A home for the aged or infirm in which
three or more persons not of the same inunediate family are housed and provided with food,
and/or care for compensation; but not including hospitals, clinics, or similar institutions devoted
primarily to the diagnosis and treatment of the sick or injured. Included are limited care
apartments, suites for the elderly, and assisted hving and nursing homes.
OCCUPANCY. see HABITATION/OCCUPANCY.
OCCUPATIONAL THERAPY FACILITY. see FACILITY, OCCUPATIONAL THERAPY.
OCCUPIED SPACE. The total area of earth horizontally covered by the structure, excluding accessory
structures such as, but not limited to garages, patios and porches.
OCTAVE BAND. A term denoting all of the frequencies from one given frequency to a second. In sound
octave bands, the second frequency is usually twice the first one.
OCTA VE BAND FILTER. An electrical device which separates the sounds in each octave band and
presents them to the sound levelmeteL
OFFICE, GENERAL. A place of business used exclusively for office purposes where no product or
commodity for retail sale is located or sold, including but not limited to sales offices, real estate
offices, financial offices and professional offices. May also include data processing and analysis
Chapter 3: Definitions
3-20
as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01,' Z-369-02; Z-389-02
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CITY OF CARN.oiW& CLAY TOWNSH[P ZONING ORDINANCE
facilities, insurance offices, office buildings, office spaces, office uses, travel service bureaus,
utility company business offices, and license bureaus.
OFFICE, MEDICAL. An office for health care providers induding, "Without limitation, dentists, physicians
and surgeons.
OFFICE, PROFESSIONAL. The office of a recognized profession maintained for the conduct of that
profession. A profession is a vocation, calling, occupation, or employment requiring training in
the liberal arts or sciences, or combination thereof, requiring advanced study in a specialized field;
any occupation requiring licensing by the State and maintenance of professional standards
applicable to the field. (A Glossary o/Zoning... pg. J 58)
OFFICE BUILDING. A building or portion of a building wherein services are performed involving
predominantly administrative, professional or clerical operations not involving any equipment
other than furniture and document processing and storage facilities.
OLD TOWN CARMEL. See Map on Page M-l. (Section 25.7)
OPEN DRIVE. see DRfVE, OPEN.
OPEN SPACE, DESIGNED. Land areas, free of buildings, carefully designed and specialized in function,
which act as neighborhood focal points, and allow for passive or active recreation use. Designed
Open Space is not incidental, residual land between buildings, but land areas which are integrated
into an overall site or neighborhood design, are accessible visually as well as physically, and are
functional for use by people for gathering or play. (relocated per Z~365-01)
OUTDOOR STORAGE. See STORA GE, OUTDOOR.
OVERLAY ZONE. An additional, secondary zoning classification which establishes additional restrictions
on the use of land. (Example: the Flood Plain Districts.)
OWNERSHIP, TYPE OF. Refers to methods of o"Wl1ership of any type of dwelling unit, or premises,
induding individual, corporate, cooperative or condominium [om1 of ownership or rental.
P ARK, PUBLIC. A public spacc and supporting facilities designed and used for a variety of recreational
activities, a greater part of which take place outside of any structure.
PARKING, OFF-SITE. Parking spaces which are located within the platted area and within reasonable
proximity to dwelling units and supportive uses (club house, tennis courts, etc.) which they serve.
PARKING, ON-SITE. Parking spaces \vhich are located outside the garage or carport area and are located
on the individual driveway.
PARKING AREA, PRIVATE. An area, paved with a hard surface in accordance with the current standards
of the City of Carmel, other than a street, place or alley, designed or used for the temporary
parking of more than four motor vehicles and available for public use, whether free or for
compensation, or as an accommodation for clients or customers.
PARKING AREA, RESERVE. Parking areas provided by the developer as additional yard space which
need not be paved or used as parking until needed by the related lIse.
PARKlNG LOT, COMMERCIAL. Any area of land used or intended for off-street parking and operated
for remuneration.
Chapter 3: Definitions
3-21
as amended per Z-320; Z-339; Z-340; Z-345; Z-365-OJ; Z-369-02; Z-389-02
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CITY OF CAW & eLA Y TOWNSHlP ZONING ORDINANCE
PARKING SIGN. See SIGN, PARKING.
PARKING SPACE. An area, unenclosed or enclosed in the main building or in an accessory building,
having a rectangular area of not less than 180 square feet and a minimum width of nine (9) feet
inclusive of driveways, permanently reserved for the temporary storage of one automobile and
connected with a street or alley. In parking structures one half of the area occupied by supporting
columns may be included in determining the width and area of each adj acent parking space and the
minimum height of such space shall be seven (7) feet.
PARKS AND RECREATION INFRASTRUCTURE. The capital improvements that comprise the parks
and other recreational facilities that are
i) are owned or leased by the Parks Board solely for a public purpose, and
ii) are included in the Zone Improvement Plan.
Parks and Recreation Infrastructure includes the site improvements and interests in real property
needed for such parks and other recreational facilities. (Section 29.7.1)
PARKS BOARD. The Carmel/Clay Board of Parks and Recreation, which is hereby identified as the
"infrastructure agency" that is responsible for acquiring, constructing, or providing Parks and
Recreation Infrastructure. (Section 29.7.1)
PARTICULATE MATTER. Finely divided liquid or solid material which is discharged and carried along
in the air.
PARTY WALL OR COMMON WALL. A single unpierced masonry wall that completely separates two
separate dwelling units.
PAVEMENT WIDTH. The actual width of a street surface that includes only the area that is driveable by
vehicles, not including curbs.
PENAL OR CORRECTIONAL INSTITUTE. The use of land for the confinement or safe custody of
persons so confmed as the result of legal process and includes attendance centers established for
persons sentenced to serve periods of community service. (Zoning Dictionary pg. 45)
PERSON. A corporation, firm, partnership, association, organization or any other group acting as a unit, as
well as a natural person, or persons.
PETITION FOR REVIEW. A petition tiled with the Director to initiate an appeal of an impact fee
calculation. (Section 29.7.1)
PHASE. Any land area, whether platted or unplatted, building or buildings designated by the applicant in
the Final Development Plan application.
PHYSICAL THERAPY FACILITY. see FACILITY, PHYSICAL THERAPY.
PLACE. An open, unoccupied, officially designated space, other than a street or alley, pem1anently
reserved for use as the principal means of access to abutting property.
PLAN, ARCHITECTURAL. A plan for the construction of any structure designed by a qualified registered
architect.
Chapter 3: Defmitions
3-22
as amended per Z-32 0; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02
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CITY OF C~& CLAY TOV,NSHll' ZONING ORDINANCE
PLAN, COMPREHENSIVE. A long-range plan for the development of public and private propel1y for
Carmel and Clay Township, including a Land Use Plan, a Thoroughfare Plan, and a Community
Facilities Plan.
PLAN, DEVELOPMENT. A specific plan for the development of real property that is submitted for Plan
Commission approval showing proposed facilities and structures. This plan review includes
general landscaping, parking, drainage, erosion control, signage, lighting, screening and buildings
information for a site. A development plan may include only parcels that are contiguous and not
separated by the right-of-way of any highway in the state highway system.
PLANNED DTSTRICT. The R-S, B-4 and M-3 zone districts, which require the submission and approval
of a Development Plan. (See Chapter 24).
PLANNED UNIT DEVELOPMENT DISTRICT. A zoning district for which a PUD District Ordinance is
adopted under Section 31.6.4. (Section 31.6.1)
PLANT NURSERY. The growing of plants outside of a structure, intended for wholesale or retail sale.
PLANTING STRIP. A section of land not less than ten (IO) feet in width intended to contain plant
materials and for the purpose of creating a visual separation between uses or activities.
PLAT. A map or chaIt indicating the Subdivisioll or replat of land, intended to be filed for record.
POND. see LAKE OR POND, ARTIFICIAL.
POST OFFICE. Houses service windows for mailing packages and letters, post office boxes, otTiccs,
vehicle storage areas, and sorting and distribution facilities for mail. (A Glossary oj Zoning.. pg
175)
POWER GENERATING PLANT. A complex of structures, machinery, and associated equipment for
generating electric energy from another source of energy, such as nuclear reactions or a
hydroelectric dam. (www.dictionary.com)
PREMISES. A tract or Lot together with all of the structures in that tract or Lot.
PREMISES IDENTIFICATION. The common street address of building displayed in numerals. (Section
25.14)
PRINTING OR PUBLISHING EST ABLTSHMENT A facility for the custom reproduction of written or
graphic materials on a custom order basis for individuals or businesses. Typical processes include,
but are not limited to, photocopying, blueprint, and facsimile sending and receiving, and incllllling
offset printing. This may also include a newspaper publishing or printing plant, and a photography
establishment. (A Glossary o/Zoning... pg. 175)
PRIVATE AIRPLANE/HELICOPTER LANDING &/OR SERVICE FACILITY. Any landing area,
runway or other facility designed, used or intended to be used privately by any person or persons
for the landing or taking off of aircraft and including all necessary taxiways, aircraft storage, tic-
down areas, hangars, and other necessary buildings and open spaces.
(http://www.co.multnomah.or.us/dscd/landuse/zonordinlna v Izodefinit.html# A)
PRIVATE RECREATIONAL FACILITY. See RECREATIONALFACILlTY, PRIVATE.
Chapter 3: Definitions
3-23
as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02
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CITY OF CA~~ & CLA Y TOWNSHIP ZONING ORDINANCE
PRIVATE SWIMMING POOL, ETC. A Recreation facility designed and intended for water contact
activities that serves a single-family dwelling(s), duplex dwellings and/or multi-family dwellings,
or combinations thereof. (A Glossary of Zoning" . pg 228)
PROFESSIONAL OFFICE. See OFFICE, PROFESSIONAL.
PROPERTY FRONTAGE. The length of property line of anyone premises parallel to and along one (1)
public and/or one (1) private street. (Section 25.7)
PUBLIC SERVICE FACILITY Those facilities and installations which are intended to be accepted for
maintenance by a governmental authority or public utility.
PUBLIC UTILITY A business or service, having an appropriate franchise from the state, which is engaged
in regularly supplying the public with some commodity or service which is of public consequence
and need such as electricity, gas, water, transportation or communications.
PUD DISTRICT ORDINANCE. A zoning ordinance that:
1) designates a parcel of real property as a Planned Unit Development District;
2) specifies uses or a range oruses pennilted in the PlalUled Unit Development District;
3) expresses in detailed terms the development requirements that apply in the Planned Unit
Development District;
4) specifies the plan documentation and supporting information that must be supplied before
an Improvement Location Permit may be issued for development or real property in the
PlalUled Unit Development District;
5) specifies any linlitation applicable to the Planned Unit Development District; and
6) meets the requirements onc 36-7-4-1500 et seq. (Section 31.6.1)
RADIO &/OR TELEVISION STUDIO. See STUD/O, RADiO &)OR TELEVrSlON
RAILROAD. All facilities owned and/or operated by a railroad, except switching facilities.
RAISING AND BREEDING OR NON-FARM FOWL AND ANIMALS. As establishment where animals
are impregnated either naturally or by artificial insenlination and the principal purpose of which is
to propagate the species.
RECEIVER. .^. television set, raolio, eOillRlliRieatioH Geviee or data iFlplolt devjeo that utilizes the signals
from the earth 9tation.
RECREATIONAL FACILITY, COMMERCIAL INDOOR. Any area of land, buildings and/or facilities
used or intended for indoor recreational purposes and operated for remuneration. TIus may
include amusement parks and arcades, billiard parlors, bowling alleys, dance halls, shooting
galleries, indoor skating rinks, indoor sports facilities, and indoor tennis and racquetball facilities.
RECREATIONAL FACILITY, COMMERCIAL OUTDOOR Any area ofland, buildings and/or facilities
used or intended for outdoor recreational purposes and operated for remlmeration" This may
include outdoor theaters, go cart or race tracks, miniature golf, and water slides.
Chapter 3: Defulitions
3-24
as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02
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CITY 01' cAL-...J & CLAY TOWNSHIP ZONING ORDINANCE
RECREA TIONAL FACILITY, PRIVATE. A private recreational facility for use solely by the residents
and guests of a particular residential development, planned unit development, or residential
neighborhood, including indoor and outdoor facilities. These facilities are usually proposed or
planned in association with development and are usually located within or adjacent to such
development. (A Glossaty o/Zoning... pg. 182)
RECREATIONAL VEffiCLE. Means a vehicle which is:
1. built on a single chassis;
2. four hundred (400) square feet or less when measured at the largest horizontal
projections;
3. designed to be self-propelled or pem1anently towable by a light-duty truck, and;
4. designed primarily not for use as a permanent dwelling, but as quarters for recreational
camping, travel, or seasonal use. (Section 22.15)
REHABILITATION FACILITY. see FACiLiTY, REHABiLiTATiON.
RELIGIOUS OR CHARITABLE INSTITUTIONS. Non-profit organizations that are supported primarily
by charity and whose principal function is the performance of charitable works or religious
activities. This definition shall include but not limited to churches, mosques, synagogues, or other
religious institutions. Not included in this definition are social organizations or clubs. (A Glossary
o/Zoning.. pg 62)
REP AIR (INDOOR), AUTOMOBILE OR TRUCK. Any enclosed building, structure, improvements, or
land used for the repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar
vehicles including but not limited to body, fender, muffler or upholstery work, oil change and
lubrication, painting, tire service and sales, or installation of CB radios, car alarms, stereo
equipment or cellular telephones. (A Glossmy (jfZoning... pg 41)
REPEA TED CIVIL ZONING VIOLATION. A recurring violation of the Zoning Ordinance at the same
location; or a violation of the same section of the Zoning Ordinance at a different location by the
same responsible party. (Section 34.0)
RESEARCH LABORATORY OR FACILITY. A building for the accommodation of scientific research
facilities such as electronic, engineering, chemical, medical and similar laboratories and planned
and placed on its site in accordance with harmonious principles of architectural and landscape
architectural design.
RESiDENTIAL DISTRICT. The S-l, S-2, R-1, R-2, R-3, R-4 and R-S zoning district classifications.
RESPONSIBLE PARTY. Any person, fim1 or corporation, who uses property in violation of the Zoning
Ordinance or who knowingly permits another person, firm or corporation to do so. (Section 34.0)
RESTAURANT WITH DRIVETHRU AND/OR WALK-UP FOOD SALES. An establishment engaged
primarily in the business of preparing food and purveying it on a self-serve or semi se1f~serve
basis. Customer orders and/or service may be by means of a walk-up counter or window designed
to accommodate automobile traffic. Consumption may be either on or off the premises. (A
Glossary o/Zoning... pg 188)
RESTAURANT, DRlVE-TI-IRU OR DRIVE-IN. An establishment where food and/or beverages are sold
in a form ready for consumption, where all or a significant portion of the consmnption takes place
Chapter 3: Definitions
3-25
as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02,' Z-389-02
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CITY OF CAW & CLAY TOVl'NSHIP ZONING ORDINANCE
or is designed to take place outside theconfmes of the restaurant, and where ordering and pickup
offood may take place from an automobile. (Development Definitions pg. 224)
RESTAURANT. An establishment which is primarily engaged in serving food and beverages which are
consumed on its premises by its customers seated at tables and/or counters either inside or outside
the building thereon, and, as an accessory use thereto, may be engaged in providing customers with
take-out service of food and beverages for off-site consumption. This includes a delicatessen and a
brewery or brew pub. (Zoning Dictionmy pg. 159)
RESULTANT DISPLACEMENT. The maximum amount of motion in any direction. It shall be
determined by means of any three component (simultaneous) measuring systems approved by the
Commission.
REVIEW BOARD. The Carmel/Clay Impact Review Board established under Section 29.7.9. (Section
29.71)
RIDING STABLE. Any stable for the housing of horses which is operated for remuneration, hire, sale, or
stabling; or, any stable with a capacity of more than four horses which is not related to the ordinary
operation of a fann, whether or not such stable is operated for remuneration, hire, sale or stabling.
RIGHT-OF- WAY An area ofland permanently dedicated to provide light, air and access.
RINGELMANN NUMBER. The number of the area on the Ringelmann chart that most neady matches the
light-obscuring capacity of smoke, The Ringelmann chart is described in the U, S, Bureau of
Mines Information Circular 6888. On it are iI1ustrated graduated shades of gray for use in
estimating smoke density, Smoke below the density of Ringelmann No.1 shall be considered no
smoke or Ringelmalill No. O.
ROAD, THROUGH. A drive, road, street or other motor vehicle path having separate illgress to and egress
from an easement, greenbelt, lot, parcel or other similarly established area, (adopted per Z-345)
ROADSIDE SALES STAND. A temporary structure used for the sale of goods or produce made or gro..vn
on the same Lot.
ROADW A Y WIDTH. The paved.area ofa street measured from back of curb to back of curb,
ROOF CROWN. Cutter line, (Section 25.7)
SALES, AUTOMOBrLE OR BOAT. Any land, building, structure, or premises used for the sale or lease
of new or used motor vehicles and/or boats. Automobile or Boat Sales may include automobile or
boat repair and service. (Unified Development Ordinance, City of Noblesville, IN.., Article 2, pg.
7)
SALES, GENERAL RETAIL. Enclosed establishments engaged in selling goods or merchandise to the
general public for personal or household consumption and rendering services incidental to the sale
of such goods. (Development Definitions pg. 226)
SALES, MANUFACllJRED HOUSING. Any land, building, structure, or premises used for the sale or
lease ofmanutachlrcd houses.
SALES, MOBILE HOME OR RECREATIONAL VEHICLE. Any land, building, structure, or premises
used for the sale or lease of mobile homes or recreational vehicles.
Chapter 3: DefInitions
3-26
as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02
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crTI' OF CA(~ & eLA Y TOWNSHJP ZONING ORJ)lNANCE
SANITARY LANDFILL. A solid waste disposal facility which may include an incinerator, grinder,
composting facility or other State Enviromnental Protection Agency approved facility other than
an open dump or facility for storage of contained liquid or semi-solid waste or gas, including, but
not limited to enVirOlill1entally harmful chemicals or radioactive materials of any type.
SCHOOL, PRIVATE. Private pre-primary, primary, grade, high or preparatory school or academy.
SCHOOL, TRADE OR BUSThTESS. Secretarial or business school or college when not publicly owned or
not owned or conducted by or under the sponsorship of a religious, charitable or non-profit
organization; or, a school conducted as a commercial entcrprise for teaching instrumental music,
dancing, gymnastics, barbering or hair dressing, drafting, industrial or technical arts, or culinary
arts. May also include vocational or industrial training facilities, performing arts studios, art
schools, business/commercial schools, and dancing academies.
SCHOOL OF GE1\TERAL ELEMENTARY OR SECONDARY EDUCATION. Any public, parochial or
private school for any grades between first and twelfth that is either accredited by the Indiana
Department of Public Instruction or recognized by and in good standing with the Indiana
Department of Public Instruction for purposes of compulsory education requirements.
SCREEN, SOLID VISUAL. see BUFFER OR SCREEN, SOLiD ViSUAL.
SELF SERVICE LAUNDRY. A facility where patrons wash, dry, or dry clean clothing or other fabrics in
machines operated by the patron. (A Glossary a/Zoning... pg. 138)
SERVANTS QUARTERS. Living quarters within a portion of a main building, or in an accessory building
located on the same Lot with the main building, used for serv"antssolely employed on the premises
with such quarters not being rented or otherwise used as a separate dwelling.
SETBACK. The least measured distance between a structure and the street right-of-way, the Side Lot Line
or the Rear Lot Line.
SET BACK. The measured distance bctwecn a sign stlUcture and the street right-of-way. (Section 25 7)
SETBACK LINE, BUILDING. See BUILDING SETBACK LINE.
SEWAGE OR GARBAGE DISPOSAL PLANT, PUBLIC OR COMMERCIAL. A facility either publicly
or privately owned and operated providing treatment for sewage and/or garbage disposal.
SEXUALLY-ORIENTED BUSINESS. An establislunent that has as a substantial portion of its stock-in-
trade and offers for sale and/or for viewing, for any fonn of consideration, anyone or more of the
following:
1. books, magazines, periodicals, or other printed matter, or photographs, films, motion
pictures, video cassettes, slides, or other visual representations that are characterized by an
emphasis upon the depiction or description of sexual activities; or
2. instruments, dcvices, or paraphernalia that are designed for use in connection with sexual
activities.
Also, a nightclub, bar; restaurant, or similar establislunent that regularly features live performances
that are characterized by the exposure of less than completely and opaquely covered human
genitals, pubic region, buttocks, anus, female breasts below a point immediately above the top of
the areolae, or human male genitals in a discernibly turgid state, even if completely and opaquely
covered. (adopted per Z-345)
Chapter 3: Defmitions
3-27
as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02
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CITY OF cJ-2& CLAY TOWNSH1P ZONlNG ORDINANCE
SFHA or SPECIAL FLOOD HAZARD AREA. Means those lands within the jurisdiction of the City that
are subject to inundation by the regulatory flood. The SF HAs of the City are generally identified
as such on the Flood Insurance Rate Map of the City prepared by the Federal Emergency
Management Agency and dated May 19, 1981. (Section 22.15)
SIGN. Any structure, fixture, placard, alUlouncement, declaration, device, demonstration or insignia used
for direction, information, identification or to advertise or promote any business, product, goods,
activity, services or any interests. (Section 25.7)
SIGN AREA. The area of a sign shall be calculated by multiplying its maximum vertical dimension by its
maximum horizontal dimension, excluding the shllctural support. The gross sign area of a ground
sign or projecting sign with back-to-back identical copy mounted on the same standard(s) shall be
the total area on one (l) side of the sign. (Section 25.7)
SIGN FACE. The part of the sign area that is intended primarily for or can be utilized for corllinunication
purposes. (Section 25.7)
SIGN, IDENTIFICATION. A sign which is limited to the name and/or address ofa building, institution or
person; to the activity carried on in the building or institution; the occupation of the person; andJor
the logo. A logo, if desired, representing the building, business or institution on a sign in a unified
center is limited to twenty five percent (25%) ofthe sign area. (Section 25.7)
SIGN, INSTITUTIONAL. Any given sign setting forth the name of any public, charitable, educational or
religious purposes such as, church, college or university, hospital, school. (Section 25.7)
SIGN, INTEGRAL. A sign which is limited to the name of the building, the date of erection, a historical
marker and/or a conunemorative building tablet such as a cornerstone, when carved into stone,
concrete or similar material or made of bronze, aluminum, or other permanent type construction
and made part ofthe structure. Integral signs are notintended to be used as a means or promotion,
advertising or identification other than as outlined above. (Section 25.7)
SIGN, LEGAL NON-CONFORMING. Any given sign which was lawfully established (has received a sign
permit) and maintained prior to such time as it came within or under the terms of tills Code,
November 5, 1981 or the prior Sign Code, May 23, 1973 and any amendment thereto, and which
fails to conform to all applicable regulations and restrictions of this Ordinance, or a non-
conforming sign for which a variance has been granted by the Board and for which a sign permit
has been issued. (See Section 25.7.08). (Section 25.7)
SIGN, MULTI-TENANT BUILDING COMPLEX DIRECTORY A directory sign in a multi-tenant
building complex only if approved by the Commission when presented as part of a total sign
package (B-4, B-7, B-8, M-3, and U.S. 31 Overlay Zone). Copy is limited to the names and/or
locations of the buildings in the multi-tenant building complex. Said sign shall have a maximum
sign area of twenty (20) square feet and a maximum height of five (5) feet. (Sectioll 25.7)
SIGN, PARKING. Any sign used to designate parking areas of spaces for public or private use. Signs
identifying parking areas shall be used solely for identification purposes, with only one parking
sign per property frontage, including alleys for the purpose of this defillltion only, permitted.
Signage used to indicate the reservation of a parking space for a specific person is permitted but,
copy shall be limited to the name or title of the person for whom the space is reserved. (See
Section 25101-3 Exempted Signs). (Section 25.7)
SIGN PERMIT. A permit signed by the Administrator stating that a proposed sign has met with general
provisions of this ordinance. (Section 25.7)
Chapter 3: Definitions
3-28
as amended per Z-320; Z-339j Z-340j Z-345; Z-365-01j Z-369-02j Z-389-02
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CITY OF CA(--2 & CLAY TOWNSHIP ZONING ORDINANCE
SIGN, POLITICAL CAMPAIGN. Any sign having referencc to a candidate for clcctive public otlice or a
public question or issue to be submitted to the voters at a general, special or primary election.
(Section 25.7)
SIGN, PORCH. A sign attached to a porch or overhang. A maximum sign area of six (6) square feet. This
type of sign shall be permitted only in Old Tmvn Carmel. (Section 25.7)
SIGN, PORTABLE. A sign not permanently anchored or secured to either a building or the ground.
(Section 25.7)
SIGN, PROJECTING. A sign attached to and supported by a building and which extends out at any angle
therefrom. This type of sign shall be permitted in Old Town Cannel only and shall be limited to
twenty (20) square feet maximum sign area. (Section 25.7)
SIGN, PUBLIC. Official notices posted by the public officers or employees in the performance of their
duties. (Section 25.7)
SIGN, PUBLIC EVENT. A temporary sign announcing function of public interest. This does not include
SALE signs. (Section 25.7)
SIGN, REAL ESTATE. Any sign advertising the sale, rental or lease of the premises or part of the
premises on which the sign is located. (Section 25.7)
SIGN, ROOF. A sign established and maintained upon the roof of a building which is located between the
roof line and the roof crown. Roof signs are prohibited on residences which been convcrted to
office, business and/or manufacturing uses. (Section 25.7)
SIGN STRUCTURE. Any structure which supports, has supported or is capable of supporting a sign,
including decorative cover and planter boxes. (Section 25.7)
SIGN, SUSPENlJED. A ground sign suspended from and installed on an arm or spar attached to one (1)
upright, decorative pole. The pole and arm and/or spar are limited to a maximum 16 square inch
cross-sectional area. No display or advertising sign shall be attached to the standard of a
suspended sign other than the display surface originally constmcted as a part of such sign.
(Twelve (12) square feet maximum sign area). Tllis type of sign shall be permitted only in Old
Town Carmel (Section 25.7)
SIGN, TRAFFIC DIRECTIONAL. Sign directing traffic movement onto and/or within a premise, not
exceeding three (3) square feet in sign area for anyone (1) sign; and shall not be higher than three
(3) feet aboveground level. Standard traffic directional signs, such as STOP and YIELD signs,
shall comply with the "Uniform Manual/Dr Traffic Control Devises." (Section 25.7)
SIGN, VEffiCLE. A sign on a vehicle of any kind, provided the sign is painted or attached directly to the
body of the original vehicle and does not project or extend beyond two (2) inches from the original
manufactured body proper of the vehicle. The vehicle to which the sign is attached shall be in
proper working order and shall bear a current license plate and shall not be permanently parked on
a public street or street right-of-way. (Section 25.7)
SIGN, WALL. A sign esta.blished on the wall of a building with the face in a parallel plane to the plane of
the building wall, and which projects from the surface less than twelve (12) inches at all points.
Said sign shall not extend beyond the edges of the wall upon which it is mounted nor above the
roofline. Permanent awnings attached to the building shan be considered a part of the stmcture,
and signs established on pem1anent awnings shall be considered wall signs. (Section 25. 7)
Chapter 3: Definitions
3-29
as amended per Z-320; Z-339; Z-340; Z-345; Z-365-0I; Z-369-02; Z-389-02
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CITY OF CAL~ & CLAY TOWNSHIP ZONING ORDINANCE
SIGN, WINDOW. Any building sign, picture, symbol or combination thereof, designed to communicate
information about an activity, business, commodity, event, sale or service, that is:
a) placed
i) inside of and within two (2) feet of a window; or
ii) upon the window panes or glass; and
b) visible from the exterior of the window. (Section 25.7)
SINGLE-FAMILY DWELLING. See DWELLING, SINGLE-FAMILY
SINGLE- TENANT BUILDING. An office or commercial building in which all space is occupied by one
tenant. (Section 25.7)
SMOKE. Small gas-borne particles resulting from incomplete combustion consisting predominantly of
carbon and other incombustible material, but excluding metallurgical fume and dust, and present in
sufficient quantity to be observable independently of the presence of other solids.
SMOKE UNIT. The number obtained when the smoke density in Ringelmann number is multiplied by the
time of emission in minutes. For the purpose of this calculation, a Ringelmann density reading
shall be made at least once a minute during the period of observation. Each reading is then
multiplied by the time in minutes during which it is observed. The various products are then added
together to give the total number of smoke units observed during the entire observation period.
SOIL MAP. A National Cooperative Soil Survey prepared by V.S.D.A Soil Conservation Service in
cooperation with Purdue Experiment Station and the Hamilton County Soil and Water
Conservation District, showing soil types and composition of their locations.
SPECIAL EXCEPTION. Permission for a conditional use of land which is granted because certain
conditions will be met. The ordinance specifies what these uses may be. (See Section 2/.0).
STADIUM OR COLISEUM. An amphitheater, large theater or other such facility used for public meetings,
sports, exhibitions, etc.
ST A nON, AUTOMOBILE FILLING. Any place of business with pumps and l.illderground storage tanks,
having as its purpose the selling of motor vehicle fuels and lubricants at retail.
ST A nON, AUTOMOBILE SERVICE. Any place of business with or without pumps and underground
storage tanks having as its purpose the retail servicing of motor vehicles with fuels and lubricants,
including minor repairs and inspections incidental thereto but not including a general repair shop,
paint or body shop, machine shop, vulcanizing shop or any operation requiring the removal or
installation of a radiator, engine, cylinder head, crankcase, transmission, differential, fender, door,
bumper, grill, glass or other body part, or any body repairing or painting. May include automobile
filling stations.
STATTON, MOTOR BUS OR RAILROAD. Improvements and facilities at selected points along motor
bus or railroad routes for passenger pickup, drop off, and waiting. Facilities and improvements
may include shelters, benches, signs, structures, and other improvements to provide security,
protection from weather, and access to nearby services. (A Glossary of Zoning... pg. 238)
Chapter 3: Definitions
3-30
as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02
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CITY OF CAL) & eLA Y TOv.'NSHrp ZONING ORDINANCE
STORAGE. The existence of any stock, vehicles, equipment or materials enclosed or unenclosed for a
period of more than seventy-two (72) hours and not for retail or wholesale display or sale,
including the utilization or manufacture of explosive materials (not including explosive products),
and flanullable liquids or gases other than those used by the manufacturing establishments in their
operational activity.
STORAGE OR DISTRIBUTION FACILTY. A facility where goods are received and/or stored for
delivery to the ultimatc customcr at remote locations. This includes food products distributing
stations, tlllcking terminals, and packaging facilities.
STORAGE OR SALE OF PETROLEUM PRODUCTS. Retail or whoksale salcs and storage of
petroleum, gasoline, fuel, oil, gas, or flammable liquid or fluid. (Zoning Dictionary pg. 82)
STORAGE AND/OR WAREHOUSING, INDOOR. An enclosed space or place where goods, materials, or
personal property is placed and kept for more than 24 consecutive hours. This may include cold
storage lockers, self storage or mini-warehouse facilities, commercial warehouse storage, and
contractor storage facilities. (A Glossary a/Zoning... pg. 216)
STORAGE AND/OR WAREHOUSING, OUTDOOR. The keeping of any goods, junk, matcrial,
merchandise or vehicles in the same place, in an unroofed and/or unenclosed area, for more than
twenty-four (24) hours. (relocated per Z-365-01)
STORE, CONVENIENCE (WITH OR WITHOUT GAS SALES): Retail centers that arc usually open 15
to 24 hours per day and under 8,000 square feet in gross floor area. There shall be no repair and/or
maintenance of motor vehicles allowed. A Convenience Store, which includes gas sales, may
incorporate a pump canopy designed and constructed with exterior finish materials and detailing
consistent with its associated Convenience Store building. (relocated per Z-365-01)
STORY. That part of any building comprised between the level of one finished. floor and the level of the
next higher finished floor or, if there is no higher finished floor, that part of the building comprised
between the level of the highest finished floor and the top of the roofbeams.
STREET. A right-of-way, other than an alley, dedicated and accepted, or otherwise legally established for
public use, usually affording the principal means of access to abutting property.
STREET, PRIV ATE. A street which is not dedicated to or maintained by any public agency.
STRUCTURE. Anything constmeted or installed or portable, the use of which requires a location on a
parcel of land. It includes a movable structure which is located on land which can be used for
housing, business, commercial, agricultural or office purposes, either temporarily or permanently.
Stmcture also includes billboards, swimming pools, poles, pipelines, transmission lines, tracks and
advertising signs, whether located on a rock, tree, separate structure or part of another structure.
Also, specific to Chapter 22: Flood Districts, a stmcture that is principally above ground and is
enc.losed by walls and a roof. The teml includes a gas or liquid storage tank, a manufactured
home, or a prefabricated building. The term also inc.ludes recreational vehicles to be installed on a
site for more than one hundred eighty (180) days.
STRUCTURE, TYPE OF. Refers to the physical arrangement of dwelling units such as a detached
single-family dwelling, cluster single-family dwelling, duplex or two-family dwelling, row house
or multiple-family dwelling.
STUDIO, RADIO &/OR TELEVISION. Space in an outdoor or indoor area, building, part of a building,
structure, or defined area, that is used primarily for the creation of film, television, music video,
multi-media, or other related activities. (A Glossary o(Zoning... pg. 225)
Chapter 3: Definitions
3-31
as amended per Z-320; Z-33.9; Z-340,. Z-345; Z-365-01,' Z-369-02; Z-389-02
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CITY OF ci~ & CLA Y TOWNSH1P ZONING ORDINANCE
SUBDIVISION. THe di'lisioR ofaR)' pareol oflaad (reeorded after January 21,1980) into three (3) or more
parcels, sites or Lots, when Blore than t;,'o of the Lots are less than five (5) aores in area, for the
purpose ef trallBfor ef E1'i\'Rership, or b1:1ilding development, e"ehlding eemetories. nw
impwyemorit of olle or more parcels Elf land fElf residential, eemmercial or industrial stmetures or
&roups of structures involving the subdivision and allocation ofland as streets or other open spaces
for common use by o'.vners; occupants or lense holders or asensements for the---mensien-and
maintenance of public sewer, water, storm drainage, or other public utilities and facilities.
(repealed per Z-339)
SUBDIVISION. Any of the following shall be considered the subdivision of land requiring plat approval
by the Plan Commission:
1. The division of any parcel ofland (recorded after January 21, 1980, and before January 1,
2000) into duee (3) or more parcels, sites or Lots, when more than two (2) of the Lots are
less than five (5) acres in area, for the purpose of transfer of ownership, or building
development, excluding cemeteries; or,
2. The improvement (before January 1, 2000) of one (1) or more parcels of land lor
residential, commercial or industrial structures or groups of structures involving thc
subdivision and allocation of land as streets or other open spaces for common use by
owners, occupants or lease holders or as easements for the extension and maintenance of
public sewer, water, storm drainage, or other public utilities and facilities; or,
3. Any division (recorded after December 31, 1999) of a Lot or parcel of land where:
a. the division results in two (2) or more smaller Lots or parccls, at least two (2) of
which are less than five (5) acres in area;
b. the division results in two (2) or more smaller Lots or parcels, any of which front
on or utiiize an easement of access; or;
C. the division is for the purpose of building development (excluding cemeteries)
and a street is to be dedicated, reserved, or otherwise platted.
All divisions of land recorded after a certain date, as specified in this definition, from a Lot or
other parcel of land described on or before that date in the records of the Hamilton County
Recorder shall be counted in determining the nunlber of Lots or parcels for the purpose of this
definition. The original Lot or parcel shall also be counted for this purpose. (adopted per Z-339)
SUBDIVISION, MAJOR. Any subdivision that is not less than five (5) acres in area and that has five (5) or
more lots. (adopted per Z-329)
SUBDIVISION, MINOR. Any subdivision that either has less than five (5) acres in arca, or fewcr than five
(5) lots. (adopted per Z-329)
SUBDIVISION PLAT. (See "Plat.")
SUBSTANTIAL IMPROVEMENT See IMPROVEMENT, SUBSTANTIAL.
SURGERY CENTER. See CENTER, SURGERY.
TAVERN OR NlGHTCLUB. A commercial establishment dispensing alcoholic beverages for
consumption in the premises. (A Glossary a/Zoning... pg. J 54)
Chapter 3: Definitions
3-32
as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02
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CITY OF CAf~ & CLAY TOWNSHIP ZONING ORDINANCE
TELEVISION, FRANCHISE OR CABLE. Any television distribution system designed to serve any
residents within the jurisdiction ofthis ordinance authorized by any local, state or federal agency.
THEA TER, INl)OOR. A building or part of a building devoted to showing motion pictures, or for
dramatic, dance, musical, or other live performances. Uses include but are not limited to a movie
theater and a performing arts center. (A Glossmy of Zoning... pg. 234)
THREE-COMPONENT MEASURING SYSTEM. Instrumentation which can measure carthborne
vibrations in three directions, that is, vibration occurring in a horizontal as well as a vertical plane.
TOWER. A grOlmd or roof-mounted pole, spire, structure, or combination thereof taller than fifteen (15)
feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the
purpose of mounting an antenna, a meteorological device, or other similar apparatus above grade.
The term dos not include a water tower that is owned by public utility or municipally owned utility.
(adopted per Z~320)
TOWER, RADIO OR TELEVISION TRANSMISSION. Any ground-mounted pole, spire, structure, or
combination thereof, including supporting lines, cables, wires, bra'ces, masts, intended primarily
for the purpose of mounting a radio or television transmission antenna abovc ground.
TOWER, WIRELESS TELECOMMUNICATIONS.
TOWNHOUSE. One or more single-family dwellings with a minimal front and rear yards, and no side
yards, arranged sid~ by side, separated by common walls between living areas, each having mOIe
than one-story. (relocated per Z-365-01)
TRACT, PARENT. A tract of land described by metes and bounds, the description of which has been
recorded in the office of the Hamilton County Recorder of Deeds and which existed prior to the
datc of adoption of this ordinance. (adopted per Z-340)
TRUCK STOP. A facility intended to provide services to the trucking industry, including but not limited to
the following activities: dispensing of fuel, repair shops, automated washes, restaurants, and
motels; all as part ofthe facility. (A Glossary of Zoning... pg 242)
TURNAROUND. A space on private property that pemuts the turning around of any passenger vehicle
without the necessity of using any public right-of-way to turn around.
TWO-F AMIL Y DWELLING. See DWELLiNG, TWO-F AMfL Y
UNIFIED CENTER. A grouping of businesses or buildings designed to flUletion as a unit including
converted residential structures with more than one (1) occupant space. (Section 25.7)
URGENT CARE CENTER. See CENTER. URGENT CARE.
USE. The employment or occupation of a building, stmeturc or land for a person's service, benefit or
enjoyment.
USE, ACCESSORY. A use subordinate to the main use, located on the same Lot or in [he same building as
the main use, and incidental to the main LIse.
USE, CONFORMING. A use of a building, land or premises which does conform to all of the applicable
provisions of this ordinance.
Chapter 3: Definitions
3-33
as amended per Z-320j Z-339; Z-340j Z-345j Z-365-0l j Z-369-02; Z-389-02
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CITY OF c,Ll & CLAY TOWNSHIP ZONING OROrNANCE
USE, NONCONFORMfNG ILLEGAL. A use of a building, land or premises existing at the time of the
passage of this ordinance which does not conform to all of the applicable provisions of this
ordinance nor those of any ordinance superseded by this ordinance.
USE, NONCONFORMfNG LEGAL. A use of a building, land or premises existing at the time of the
passage of this ordinance which does not conform to all of the applicable provisions of this
ordinance but did conform to applicable provisions of any ordinance superseded by this ordinance.
VARIANCE. A modification of the specific requirements of this ordinance granted by the Board in
accordance with the terms of this ordinance for the purpose of assuring that no property, because
of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by
other properties in the same vicinity and district
VETERINARY HOSPITAL WITH KENNEL. See HOSPITAL, VETERINARY WITH KENNEL.
VETERINARY HOSPITAL VlITHOUT KENNEL See HOSPITAL. VETERINARY WITHOUT KENNEL.
VIBRATION. Oscillatory motion transmitted through the ground.
VISION CLEARANCE ON CORNER LOTS. A triangular space at the street corner of a corner lot, free
from any kind of obstruction to vision between the heights of three (3) and eight (8) feet above the
established street grade. The street grade is measured at the intersection of the center lines of the
intersecting street pavement, and the triangular space is determined by a diagonal line connecting
two points measured fifteen (15) feet equidistant from the Lot comer along each property line at
intersections of two (2) residential streets or twenty-five (25) feet at the intersection of any other
types of streets.
WASTE, SOLID. All putresible waste in a form other than a liquid, semi-solid or gaseous fonn, whether
contained in any fonn or object, and which is not hazardous waste as defined in L C. 13-7-1-2 nor
waste which contains any biological, chemical, bacteriological, radioactive or any other
contaminant which may be hannful or injurious to the public health, safety or welfare of the
domestic, commercial, industrial, agricultural, recreational or conservation concerns of the City of
Cannel and/or Clay Township and its citizens. This defmition is intended to specifically exclude
human bodies and sewage.
WATER MANAGEMENT FACILITY. A public or privately owner facility engaged in the distribution of
raw or finished water. Uses may include water towers, pumping stations, above or below ground
storage tanks, or water treatment facilities.
WHOLESALE SALES. An establislunent or place of business primarily engaged in selling and/or
distributing merchandise to retailers; to industrial, commercial, institutional, or professional
business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for,
or selling merchandise to, such individuals or companies. This is not considered a general
commercial use. May include uses such as optician/optical supply, or orthopedic/medical
appliance & supply sales. (A Glossary a/Zoning... pg 256)
WHOLESALfNG FACILITY. A facility primarily engaged in the selling and/or distributing of bulk
merchandise to retailers, industrial, commercial, institutional, or professional business users, or to
other wholesalers. This may include a transportation facility.
WINDOW AREA. The total area of all windows along a building frontage. (Section 25.7)
Chapter 3: Definitions
3-34
as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02
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CITY OF CAU & CLAY TOWNSHIP ZONING ORDINANCE
WIRELESS TELECOMMUNICA nONS SERVICE. Licensed commercial wireless telecommunications
services, including but not limited to cellular, personal communication services (PCS), specialized
mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and other similar
services that are marketed to the general public. (adopted per Z~320)
WOODLAND, MATURE. An area of plant material covering y; acre, or more, and consisting of thirty
percent (30%) or more canopy trees having a sixteen (16) inch or greater caliper, or any grove
consisting of seven (7) or more trees having an eighteen (18) inch or greater caliper. (adopted per
Z-329)
WOODLAND, YOUNG. An area of plant material covering y; acre, or lnore, and consisting of thilty
percent (30%) or mo.re canopy trees having an eight (8) inch or greater caliper, or any grove
consisting of seven (7) or more trees having a ten (10) inch or greater caliper. (adopted per Z-329)
WOODLAND, SCRUB. An area of plant material covering 1f2 acre, or more, and consisting of seventy
percent (70%) or more canopy trees having a two and one-half (2 1;2) inch or greater caliper, or any
grove consisting of fifteen (15) or more trees having four (4) inch or greater caliper. (adopted per
Z-329)
YARD. A space on the same Lot with a principal building which is open, unoccupied and unobstructed by
structures, except as otherwise provided in this ordinance, which is a maintained green area
composed of grass and/or live plant materials.
YARD, FRONT. A yard extending across the full width of the Lot between the building line and the front
line which is unoccupied other than by steps, walks, terraces, driveways, lamp posts and similar
structures, the depth of which is the least distance between the front line and the building line. The
side(s) of a Lot which is (are) adjacent to a street right-of-way.
YARD, REAR. A yard extending across the full width of the Lot between the rear of the principal building
and the Rear Lot Litle which is unoccupied other than by accessory buildings, steps, walks,
terraces, driveways, lamp posts and similar structures, the depth of which is the least distance
between the Rear Lot Line and the rear of such principal building.
YARD, SIDE. A yard extending from the Front Yard, or from the Front Lot Line where no Front Yard is
Tequired, to the Rear Yard between the principal building and the Side Lot Line. The width of the
required Side Yard is measured horizontally, at 90 degrees (900) with the Side Lot Line, from the
nearest part ofthe principal building.
ZONE IMPROVEMENT PLAN. The zone improvement plan for Parks and Recreation infrastructure
which was prepared by the Commission in conjunction with the 2020 Vision Comprehensive Plane
for the City of Carmel and Clay Township and approved by the Commission on September] 7,
1996. The Zone Improvement Plan is attached hereto as Exhibit A and made a part hereof.
(Seciton 29.7.1)
ZONING ORDINANCE. Zoning Ordinance of the City of Carmel, Township of Clay, Hamilton County,
Indiana codified as Z-160, as amended, and the Sign Ordinance, CarrneUClay TO\.'iIlship, Hamilton
County, Indiana, codified as Z-196, as amended. (Section 34.0)
Sec. 3.7 amended per Ordinance No. Z-320. Amended per Ordinance No. Z-339. Amended per Ordinance No. Z-
340. Amended per Ordinance No. Z-345. Amended per Ordinance No. Z-365-01. Amended per Ordinance No. Z-
369-02; Sb; S"; *d; se; 9/; *g.
Chapter 3: Definitions
3-35
as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02
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CITY OF CAL~ & CLAY TOV{NSHIP ZONING ORD(NANCE
CHAPTER J: DEFINITIONS
AMENDMENT LOG
Ordinance No. Docket No. Council Approval Effective Date Sections Affected
Z-320 July 11, 1997 July 11, 1997
Z-339
Z-340 May 1, 2000 May 1,2000
Z-345 May 1, 2000 May 1,2000
Z-365-01 76-01a OA November 5, 2001 November 27, 2001 3.7
Z-369-02 160-010A Aprill,2002 April l, 2002 37
Spring 2002 v2
Z-389-02 32-02 OA September 3, 2002 September 3, 2002 3.7
Summer 2002 vi
Chapter 3: Definitions
3-36
as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02