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HomeMy WebLinkAboutDept Report 07-01-03 CARMEL/CLAY PLAN COMMISSION SUBDIVISION COMMITTEE DEPARTMENT REPORT July 1, 2003 6. Docket No. 39-02 OA, 40-02 OA Amendments to the Cannel/Clay Zoning Ordinance - Use Table Adoption & Definitions Amendment (Text Amendments) The petitioner seeks to make amendments to the structure of the Ordinance relating to uses, add definitions and group all definitions into Chapter three of the Ordinance. Filed by the Department of Community Services. The Committee continues the process ofreviewing the Definition section ofthe Amendment. Copies ofthe definition section (as amended) and use table are attached. The Department recommends that the Subdivision Committee forward this item back to the full Plan Commission with a favorable recommendation upon the conclusion of its review. Background: This proposed amendment was introduced last summer. Due to increased workloads the Department was not able to make the final corrections/modifications for the committee to review. It is likely, if forwarded by the committee, that the proposal would be forwarded to the full plan commission for action on July 15. Once forwarded by the committee the Department will put the proposal in ordinance forulat for presentation to the City Council for final action. The proposed table would relocate and replace the use information contained within the entire ordinance. This will make the process of identifying uses permitted within the different zones much more efficient. In addition it will allow the Plan Commission and Department to conduct further review and revision to the table to assure the appropriate uses are permitted within each zone. At this point we have identified all uses, grouped redundant uses into fewer categories, and ensured that there are clear definitions for each and every use category. Few changes have been made to the uses permitted under the current ordinance other than housekeeping related to grouping of uses and the establishment of new definitions. In addition to providing definitions for each use, we propose to move all definitions within the ordinance to the Definitions Chapter. Comm1llee Report 2003-070 I.rlf Appendix A: Carmel/Clay Official Schedule of Uses P = Permitted A = Accessory "Blank" = Prohibited SU = Special Use SE = Special Exception E = Excluded Use Old Meridian Zones Overlay Zones '<lJ ~ .U -< ~ q ~ 0:: '"- 0:: (.J... ~ C ~ Q :J .:;;: ~ ~ ,..... - 0 rJ] :Il fl;: '" ,..... N f--, g d; <:'(, '" ~ ~ ~ ~ ~ ~ ~ C") ~ <,1 - N M ..,. 'n N .-rn 'r;> 'f ~ 00 ~ ~ ,..... N - ~ ~ ~ ~ r:n rr. ::s: 0 Type of Use J, JJ ~ ~ ~ ~ ~ c6 cO cO cO - ':.E U U d. co co CC , 0 0 0 0 0 0 0 0 0 :J :J 0 :r: ,..... if] Residential Uses - - Single Family Dwelling p p p p p P P - P P - P P P E E Two Family Dwelling P P - P P - P P P E E Mulliple Family Dwelling SU P P W SU p - P P P P P E Accessory Dwelling I - P I!- P P P P P Mobile Home Court SU - - E E E E E AtlachedDwelling - - p P P P Home Occupation A A A A A A A j2 j2 A J!- A A A - A A A A A A A Residential.Kennel A A A A A A A l!- I!- A J!- A A A - A A A A A A A Bed & Breakfast Jim - - p p P E 'H>uri441ome Model Home P P P P P P P - - p P E E G ues t House A A A A A A - - A A Bona Fide Servants Quarters A A A A A A - - A A Boanling or Lodging. House SU SU SU SU SU - SU - E E Nursing/Retirement/Convalescent Facility SU SU p p p - SU p P P - P P P P P Private Swimming Pool, etc. A A A A A A A - A A - A A Ass'"ted Liv:ngMBrsiA;; Home{NRCF) J! J!- j2 t\paflffieffi-(X) - - J!. gwelH~""(AD) l!- I!- I!- Mebi~ W W W W - Office Uses Clinic or Medical Health Center SU SU sD su su SU p p p SY p p p SU p - p p p p p Research Laboratory f Facility P P P - P P P I!- P P P P P General Offices SU p p p p p p p p P A A P P P P P P P Professiunal Office SU p p P l!- F F P P P SU - P F P P P P P P Hospkc p Training Facility p p EegiHeenn:9'Researeh baooffiteties/Facilily(RL/F) l!- I!- l!- I! Dllta Preee5JiRe and ,^.nalysis-Fac-tlHy{GO) .p. -12 InmlTliFlEe OfHee (GO) t'! t'! P. .p. .Jl. Laboratery (RLIF) .Jl. .p. .p. Meeieal l>eMees (PO) .Jl. .Jl. .p. LU Table-4-28-03 - do not alter.xls Page 1 Appendix A: Carmel/Clay Official Schedule of Uses P = Permitted A = Accessory "Blank" = Prohibited SU = Special Use SE = Special Exception E = Excluded Use Old Meridian Zones Overlay Zones 0) u -< ~ p ~ oJ fJ.., ~ c:: ~ ~ ~ ~ :;;s :;;s ~ ~ - 0 U) > 0 [/] .::l., '" ~ N """" u l - ~ '" -~ ~ ~ ~ ~ ~ ~ ~ ~ '7 M "<t S l'I - l'I C') 7 tr, l'I .." 'n \.0 (""-. 00 , :E N ~ :;;s ::;;: :;;s r:J: r/J U Type of Use ~ ~ Q:: Q:: Q:: ~ ~ cO cO cO dl cO cO cb ~ ~ , u , ~ 0 0 , u 0 0 0 0 0 0 ::: .-. 0 ~ ~ ::r: 0-< n... '-' tI"J Medic-al Office (PO) P f! P f! Medieali'Gptieal. Lab (PO) .p. .p. f' P GfllCe-Buildiilg-(GO) P P f' P- P- .p. .p. .p. - Gffi~~p"e,,"'(GO) - F P - Gffiee-Boes-(GO) - F - OffireU,cs"-(GO) .p. .gy R.al. blats Offiee-(GO) :p. ~ p p p W .p. .p. .p. f! .p. P Re;eurch Fucility-(RLiF) .p. .p. f! f! P Tw".d Ser ;iee Bureau.(GO) .p. .p. .p. P- I' P- .p. .p. .p. f! .p. I' IJtiIiIy-Gompan) BaGineG$ Omce (GO) f! P P P P- P- I!- f! f! Institutional Uses Church/Temple!P!ace 0 f worship SU SU SU SU SU SlJ SU SU SU SU W SU SU P SU - SU P P P P E Hospital W &Y W W W W p P P - SU P - P P P Surgery Ccnter p Urgent Carc p Rehabilitahon Facility p PhysicaVOccupational Therapy p Library SU SU SU SU SU 8U SlJ SU SU - SU - P Penal or Correctional Institution SU - SlJ SU - E E E E E E E E E E E E E E 1'051 Offi ce p p p p p P P - P P P Power Generating Planl - SlJ - E E E E E Flivate Water Trea!mentlStAffi~e Vacilit)'('''H'~'F) W W W W W W W Public Service Facility p p p p p p p p p p p. P P P P P P P. P P P P P P P P P P P P Commercial Sewage or Garbage Disposalrlalit - SU SU - E E E E E Water Management & Use Fadlity SU SU SU SU SU SU SU W SU P SU - Family/Ghild-Advocncy Center (PO) .p. p Lie~RS~ Blffeall (GO) P .p. .p. p W J:! :p :p - - Educational Uses School, Trade or Business p p SU W SU P P SU - p p p p p p College or University SU SU SU SU SU - SlJ P - P P P P Day NurserylDay Care W W W W W W p p - SU p SU - p p p p LU Table-4-28-03 - do not alter.xls Page 2 Appendix A: Carmel/Clay Official Schedule of Uses P = Permitted A = Accessory "Blank" = Prohibited SU = Special Use SE = Special Exception E = Excluded Use Old Meridian Zones Overlay Zones ":,) ~ :,) <( Cl oj ""' ~ :>: ?: c:: u. ~ ~ ::J ~ ~ :J - - 0 (/'] > 0 (/'] 0.. r') - l"I f- 'l) J - ~ r';l 2 2 2 2 -- 2 2 -. ~ "" ,,> "" E! N N '"';' "'1 Of; - N '"';' "" 'D ~ 00 2 - l"I - ~ ~ ..:: if) (/'] "0 0 Type of Use JJ rf, c:: ~ ..:: c:: ~ dJ dJ en r6 r6 en dJ . :?; u U d.. 0 0 0 0 0 0 0 0 (/'] ~ ~ 0 """"' '-' ~ Kindergarten/Preschool SU SU SU SU SU SU SU P P - SU p - P P P School at General Elementary or ~econcl3ry SU 3U SU 3U SU SU SU SU Education "' - - P E PerfarmiBg Ans StHiEa (STmB) ~ ~ P- Art School (S, TorB) ~ ~ p. BHsiness'Commercial School (S, TorB) ~ ~ p. W W F ~ W ~ ~ p. (Hlina') School (S, TorR) f! f! P. [)a"eeSsllse'" eaaemy(S, TorB) ~ ~ ~ p. ~ .p. p .p. ~ [)al1~i"g , ~a8NI1Y (S, T orB) ~ ~ ~ p. ~ ~ GymHi>5tiec ScI.~ol (S, TorB) f! f! P. MusieScI oel (S, TorB) f! .p. P. PreseI!ooI-{ KIP) - - p p p. "eeatis"al'IA81!rtr.al Traini..,; Faeility(S,TmBl p. TraiBiHg !'aeilily (S,TorB) p ~ Ketau ~ llerVlce Uses General Retail Sales SU P P P P. SU P P P A W P P P P P P P Lumber/Building Malerials Sale:F(enclosed) P P P - P P - E E E E General Scr\~ec P P P P. P P P - P P P P P f,lft~mobj]e FilliNg Sratien (ASS) f! .g Automobile Service Station P P P P. P P P - E Automobile/Betile Heme !\alc3'Boat Sales P P P P P E E E E E E E E E E E Automobile/Truck Repair (indoor) P P P - SU P - E E E Manufactured Hou;;ing Sales - P - E E E E E E E E E E E E E E Cafe P Delicatessen P Coffee Shop P Car Wash P P P P. P P - E Commercial Kennel W P P P - P - E E E Dry C.leaning Establishment (with on-site plant) P P P P. P P - P. E E Dry Cteallil1g Establishmenl t<Q- (wllhOllt ol1-sile plant) SU P P J.2 P P P - P P P E Eqnipment Sales/Repair (indoor) p P P - P P SU - E E Finaneiallnstilulion P P P J.2 P P P P P - P P P P P P Automated Teller Machine (ATM:) A A A A - A A A A P - A A P P P Food Stand - - p p P E E LU Table-4-28-03 - do not alter,xls Page 3 Appendix A: Carmel/Clay Official Schedule of Uses P = Permitted A = Accessory "Blank" = Prohibited SU = Special Use SE = Special Exception E = Excluded Use Old Meridian Zones Overlay Zones OJ q U ~ ~ Q 0; f..I-. -, 3= 2::. '"'- ..... ~ ::J - - E ~ ::: ~ 0 Vl C 0 Vl 0... "" - N f- 0) ~ - ~ --- ~ -~ ~ ;;:. -~ --- "" 0') ..". E - N - M ("<l ..". V"1 M "" l~ "? r-;- co "':' - N - ~ ~ ~ 2: ""' ~ "1j Type of Use ~ c.h ~ ~ ~ ~ ~ cD cD en ro - ~ u u ~ .<'; .<'; p:: rfJ .'JJ (5 0 iLl en r:o . 2: 0 0 0 0 0 0 0 0 0 if) ::J ::J - - ...c.. Funeral Home/Monuary/Crcmatory P P P W SU P SU P - P E E Recreational Vehicle/Mobile Home Sales P P P - P - E E E E E E E E E E E E E RoacL,j de Sal es Sta nd P P P - SU - E E E E Self-Service Laundry P P P F P P - E E Sexually Oriented Business - SU - E E E E E E E E E E E E E E Veterinary Ho.spital-J-with commercial kellne-~ P P P - SU p - P E E VClerinary Hcispita1 J..without comme.rcial kennel P P P - P P P - P P E E Commercia! Wholesale Sales of-Prooucts SU P P P. P P P SU P. P P E Gelleral Business P. P. P. P. F f! ,\Htique ~l1op (GR) f! P. P P. P- P- I! f! P. P. "'.Pllarel ~tere (GR) P. P. P. P. P- P- P- P- P. P. ,\ppliaHcc'ElccffeHies Sfl6j'l (GR) ,p P- P- P- ,\~etioH Reom (X) P- P. P. P. P- I! ,\~to Parts & Tire Cell",r (OR) P- P. P. P. P- P- P- ,p rann IH'Ij3lement ~Rlos (ESJR) P- P. P. P- P- E .g &lreF>t( GR) P- P. P P P- P- P- - P- P- P- Elarher Shop (GS) P- P. P. P. P- P- ,p P- P- P. P- llclWty.Sl1op (GS) P- P. P. P P- P- ,p P. P. P. P- llieyele Shep (GR) P. P. P. P. P- P- ,p P. P. P- llaOltSlilre (GR) P P P. P P. .p. .p. p p p. p. [l~JiHeGs & ElcelroHie Machincs Sales (GR) P .p. .p. .p. .p. .p. .p. Ca!lel)' sr Tee. Cream ~lIllfl (GR) P P P P P P .p. C,mera SllOfl (GR) P P P P P. P. P- .p. .p. p Carpet'Ru~ 8ter, (GR) P P P. P. P P- P- P. P P China &-GIilssware-&l\ep-(GR) P- I! P- P I! I! I! I! I! P. (Dill/PHilatelic Shofr(GR) I! I! I! I! I! P- P- I! I! P. Cemmefcial Relllil S~lcs (GR) P- P. P. I! Cemmercial Sala sfPrstltieI5*(GR) .p. .p. p. Cammercial Eale afl'r9tlliels~31-(GR} P- P Csmmsrcial "'(X} W P- Computer Rep"ir[Sa~es (GR) I! P P P. GFaft'Hobby Shop (GR) I! P. P. P. gepaflmeut-Stere-{ G R) I! P P- I! P- I! - Diseoollt-Swe.(GR) P. I! P- I! P- P- - Dre5smakiag 8hop-(GS) P- P. f! P. P P. P- P- I! P- LU Table-4-28-03 - do not alter,xls Page 4 Appendix A: Carmel/Clay Official Schedule of Uses P = Pemlitted A = Accessory "Blank" = Prohibited SU = SpecIal Use SE = Special Excepti9n E = Excluded Use Old ~erid!an Zones Overlay Zones v ~ '-' <C ~ 2: .:::) ~ ~ ~ .... -, ::> .--< ~ \.:.., ~ ...-' ~ ~ - 0 (/) ~ ::) 'r/:) :l., '" - 0l t- .'-' ~ - ~ '" ~ ~ ~ ~ -., ~ ~ "<1" m "<1" i=1 - ('l ('l '" "<1" tr, - N r'"l or) '..0 (C-- 00 .--< ~I - :2: ,~ -a ,0 Type of Use if, J.., ~ ~ ~ ~ ~ d:. d:. d:. d:. cO ,CQ C:b i2 ~ u U r::.. ~ ifJ ifJ is , 0 ::) ::) ::) ,-.. ::) ,-. ::) ::) r/:) :::J ::> :e ~ '-' '-' DrugSmre (GR) J.< jl J.< P. jl jl I< I< P. Duj11i[0{;n~IBlllej1riril Bsrnblisl.mel'll (GS) J.< jl P jl .p. .p. p. f]eelrical /\pl'l;...[o Simp (GR) jl Il Il P .p. P jl VI ea" ~ 1","kol ( Xl Il .g .g Vie" "r Sh~f (GR) jl Il jl jl .p. jl Il jl jl J.< P. "~rnit_ StAre,(GR) :p :p :p p jl .p. .p. p. p. jl p. fHrrier Shop (GR) Il Il Il Il P. .p. jl jl jl jl CordeR Ehe!" (GR) .p. jl jl p. W .p. .p. p p p jl ~GR) jl jl jl jl .p. p. p. - p .p. jl jl Grocery ,Slme (GR) P. jl jl jl W .p. P jl jl jl Gune.mith (GR) jl jl jl jl p. .p. H.benlac.hory (GR) jl jl jl jl 11 11 11 11 I! I! H.Tlh',.re SIBre (GR) I! P- I! I! P- .Jl :p. I! I! jl Health food SIBte (GR) P. jl P. :p jl jl Hoalth Studio (GS) :p jl jl I! jl P. jl InteriOr Decor.t;R" Sher (GS) jl jl jl jl jl 11 P- P- P- I! Ie'veley St",elGR) I! I! I! jl 11 I! .p. jl I! Job Printinb i:j,e]3 (6S) jl jl .Jl Llllfl(jry !,o;ency(nCE) P- I! jl P- I! P. LeallleriLug;;age Shllj3.(GR) P. P- I! I! j2 P. P. P. P- I! Leclcsm;lh & Key See!" (GS) P. P P. P. P. P. P. Il Il :p Meat-Mal'ket-(GR.) P. P. P. :fA W P. P. - P. .p. :p Milliaery-Slwj)"(X) Il Il Il Il Il 11 P. - M6nlffilent S.les (GR) Il Il Il .p M\i5i( SWe (GR) .p. Il .p. Il Ne'/,'s dealer (OR) P. .p. P. .p. IL IL IL IL P. Ofliee SIIff1i Slsre (GR) jl P. .Jl P. jl P. .Jl jl .p. -!l Optician/Optiea] Supl'ly(WS) -!l -!l P. I! jl P. I! P. I! P. CJrtOOped~4wretJttPI /' fll'liElI ~e &: SUrlll'} Sales (WS) p. P. P. .p. P. P. P. .p. P. Il PaiiI hi'}! a 11 papef-Sror&( GR) .p J! .p. J! P. P. P. P. P. P. PIl,m311ojl (GR) P- P- P- I! :g. ~GR) P .p. .p. P- Il J! P- - P. P. P. PhotoPiclc IIj3 btlltien1-l-(GS) .p. .p. P P- Il .p. 1'1IawgRlj3Ric Studie (GS) .p. .p. .p. .p. I! J! P. 11 P .p. Piel..,." !',.miag SIlO!} (GR) .p. .p. .p. .p. p. p. p. p. p. p. LU TableA-28-03 - do notalter.xls Page 5 Appendix A: CarmeUClay Official Schedule of Uses P = Permitted A = Accessory "Blank" = Prohibited SU = Special Use SE = Special Exception E = Excluded Use Old Meridian Zones Overlay Zones .0 [) -< ~ Q ~ " ""' u.., ;J ::::J ::::J - - is::: E > E Q E E 0 0 Vi S(! S (<) - N b :I l M ~ ~- 7 {<) 7 E - N N m '<l" \r) - N (<) Of) '.0 r- oo - N - ~ ~ ~ ~ ~ :2: :2 Type of Use ,il en ~ ~ ~ ..:- .~ rb rb rb c:b c:b dJ rb :i: :i: u u ::.. ~ r:t: Vi lfJ 0 , 0 0 0 0 0 0 0 0 0 [/J :::J :::J 0 :I: Plumb:"" Suppl, Shop (GR) J! I! I! I! PRRti,,~'Cs~)' S1l8l"(GS) P- P- I! I! P- Radi..'Tals ;isLa" S.les She~ (GR) .J.1- .J.1- I! .J.1- P- P- P- Reeo\d Shep (GR) .J.1- .J.1- 'j! J! P- P- ({ee8rding Sl~dio (GS) J! .J.1- .J.1- J! W J! I! P- P- J! J! P- Redlicing SalSR (GS) .J.1- J! J! Jl P- P- P- Reslal "'.goRe) (GS) .J.1- P- I! &Y J! P- .J.1- I! J! RelaiISa!E, & SeT .iE,~(GR} J! W Soeosa 1I.fld SlUT" (GK) f1 P- .J.1- J2 I! I! I! baei: Rcpair Shop (GS) P- P- I! I! J! P- P- J!- J!- I! Sa.: Stare (GS) P- f1 P- P- J! P- l! J!- J! I! io:ha.Jra.om (GR) P- P- I! I! J! P- J! J! F Smalt EHgine Sales & Repair (ESR) P- e S~artiRg Caads Smre (GR) P- P- J! J! J! J! I! J! J! I! ~GR) I! P- I! I! Jl J! F - F J!- F Sl\psr Mar[:SI (GR) I! I! P- I! W Jl I! Tailar & DreJ3isg Shop (GS) I! I! I! P- Jl Jl Jl Jl Jl Jl TaniaaFmisl (GS) I! I! P- J! TeRessa She~ (GR) P- I! P- P- Jl Jl Jl .P- I! F Tey Store (GR) P- J!- P- P- J! J! J! P- P- Jl Cplwlslcr;'Drajlery Shop (G~) J! J! J! J! J! J! J! P. J! Jl Hale";",,)' C[iRis (VHiWCK) I! F J! \I ariet:, SteFe (GR) J! P- I! P. .p. .j2 p Whole5ale E~lablic.hm."l (WS) W J! J! P. Lultural! Entertallllnent Uses An Gallery P P P P- P P P - P P P An & Music Center P P P J! P P P - P P P P Camivals, Fairs, CirclIses, elc. P P P &Y SU P - E E Holel SU SU SU - P P - P P P E Hotel (full Service) SU SU SU - P P - P P Mmel-(X) SY SY g.y - ~ p. - E Indoor Thcatcr P P P I! P P P - P P P P E Outdoor Theatcr SU - P - P E E Catering Establishment p p P I! P P - LU Table-4-28-03 - do not alter.xls Page 6 Appendix A: Carmel/Clay Official Schedule of Uses P = Permitted A =.Accessory "Blank" = Prohibited SU = Special Use SE = Special Exception E = Excluded Use Old Meridian Zones Overlay Zones Il) = u < a c<:l ~ ~ ::E ~ 0:: CI.., :2: :2: ~ ..,.. :?; ~ - - 0 CIJ > 0 r/l d; 0:, r"l ~ ('~ E- ll) d; - ~ C') -- ~ -- -- ~ ~ ~ ~ -- '<'I" r"l '<'I" a - N - N '" '<'I" V) - N C') or; '.0 r- :>c - N - 2: 2: 2: 2: :g Type of Use ~ ~ ~ ~ .~ cO cO en en dl en 00 "7 , .~ ~ r/l r/l 0 rJ, if> 2: U U .d- 0 0 0 0 0 0 0 0 0 if] :J ~ 0 :r: Restauraot, without drive-Ihm food sales P P P :p P P P - P P P P P Restaurant, w,th walk-upldrive-thru food sales P P P P SU P P - E .E E E E E E E E E E Meeting or Party Hall p p p p p p p - r p p Museum - p - p SU P Stadium or Coliseum - P P - Tavern/Night Club P P P P. P P P - r r p E Dn.. iH.R"sta....aa:>&-(R-Drive-thru) P. P. P. W P Fas: Food Re,tauralll;;>'(R Drive thm) P e ~R) - P - 11 11 P DdieHkss~H (R) P P. P. P. P P P 11 P P }.is .9. Tl1"aler (IT) P e l'''rfurmiH~ .\r&.Gen_{IT) P 11 Brcwery.'Brcw Pul>(R) P 11 Il P Reli"ieu. or ChantEtblc IHslitutioJ: (X) 11 11 Il W W &lJ P &lJ 11 11 P P Industrial Uses Borrow PitJTopSoil Removal & Storage SU SU SU SU SU BU SU SU SU SU W SU SU - E Heavy lndustrial - p SU - E E E E E E E E E E E E E Sanitary Lalldtill,Juok Yard,Slav3.g'e Yard W - SU SU - g g g g .g .g :g .:j:i, :j:i, E E E E E Light lodustrial SU p - p - E E E Storage andiorWarehousing, Indoor SU P - P P P P E E E Storage andior Warehousing. Outdoor SU - p SU - E E E E E E E E E E E E E ,E u SU p p P E W E E E RHlk Storage or Sale of Petroleum Products- - OkC UvcnsfbneK YaraS!1'..llnslUpen Hear1!l!blast SU Furnace - P - E E E E E E E E E Light Manufaclur;ng'" - P P :p P E MinerallSlnw'Gravel Extrnctlon Opt'nltio-ns,Renlflvat,-S-kmige SU SU SU SU SU SU SU SU SU SU W SU SU SU - E E E Printing/Publishing Establishment SU P P - SU p P l2 P StoragelDislribution Facility SU P - P SU P SU E Whole,aling Facility - p SU p. P E E Heavy Manufacturing - E - E E E E E E E E E E E E E E E G<>ntraetorSl1op (specialized) (U) W :p 11 11 .j2 :p. Gemme-ffiial-SittHl.ar) Lfllldfiller Refusl?: DHFfI]':t (CSUJY) W W W .f, .g Food Products-l:)istril3lllillg 8tatieR (SIDF) &lJ :p. .g ExtcflllinHting She!, (LI) W l2 Il LU Table-4-28-03 - do not alter.xls Page 7 Appendix A: Carmel/Clay Officia.l Schedule of Uses P = Permitted A = Accessory "Blank" = Prohibited SU = Special Use SE = Special Exception E = Excluded Use Old Meridian Zones Overlay Zones a> ~ u <r: :?; Q ~ .00 "-< /.l., ~ -, ~ - - p:; ~ ~ ~ :2: :2: 0 V) 2: Q 2::' <') - N ~ :j d; - l M '-. ~ ~ ."r ff) ."r E - ~ ~ N '"" ."r <n - N '( V;-, \D r- oo N - ~ ~ :?; :2: ~ :2: .~ "0 Type of Use , ~ ~ ~ ~ ~ , cO cO cO ro - ~ ~ U U 0... Qi::. V) Vl 6 Q r.n r.n CO c:l c:l ~ 0 0 0 0 0 0 0 0 0 rFl ::J -, ~ - tie '~a~er P.'ehshiBg or PflBting PI...t (PiPE) W :Jl .}! Sid Top ~eil RBIfl8YBI & SteFage (llPITS R&S) g.y W g.y ~ g.y W w &hi- w w w SId SY ,g I TransportB!iBnFacility'''(WF) TraJlsjlor!BliBnF.~ility J.L(WF) .J! Cela ~tAFago Lselrer (SiW, 1) .J! .J! :Jl }! }! Self "lora;;eIMil'li "BF"~8.fie FaciJity(S/W, I) ,g ~"'-(X) - 8Y - Commercia:ll.Vareoousc Sforage (S!W,I) g.y .I! ,g Cel'1traeters ~Isragc Facility (S/W, 1) g.y j2 E"c1AS~e. Slsrage 'i'ar~llel!5e (S/W, I) g.y .I! .I! L.undTj er Dry Cleal'1illg PlaMt(DCE, w/P) g.y j2 .I! MacAinel') JI::€\uipme11! S.les" (ES & R) j2 P. fl- Cement ReHRmg & ~1a"1lIaettiriRgs (HM) .g :g ,g D;spesal efRarl:oaEti"'e Malerials (IL\1) .g .g .g g .g .g .g :g :g :g :g :g :g ,g :g F.rtilizoT ~fanufacmrill;;(HM) .g .g .g :g :g .g FHel or IceS.les (SSPP) W j2 j2 Le.lller C"R"g & Talllling(HM) .g g .g :g :g :g Lime & C)'Ilmlm Retil1ing & ~~aAafaelarillg(HM) .g g .g :g :g Petrolemn ReJi"ill); &: Ma"litaeEarillg(HM) .g .g .g :g :g Reclaimmg hecesses+>-(l-IM) :g .g .g :g :g Slall;;hterillg (HM) :g :g f, .g .g :g !;\(Jek---\'aMs (HM) - .g g f, II g :g w"04-P.-es,,p,nli f;S I":diFtiRg &~1IH!.HfattLiFiFlg (HM) :g g f, :g g Lilllegrllfllli"t; Eslabli4meHf(LME) f! p; LumherfBliilain", MateFia!' StaFabe'" -ftmemJeses1-(.&lW;Q} W f' F- :g MaSRi". SIl"'P (Ll) f' S"eet Metal Shap (L1) W f' Sign Shop (Ll) W f' F- F- P- WelBing-Sl-wp-{Ll) :t' - - .g Gammef€ial-Stmage Faeilit) (SfW, 1) W g Packa.,lng F""ili~ (SID F) .g PlIetogFlifJR) Establishment (PiPE) P P 'Nareh"liliiFl~ Faoility (SIW, I) :p II Agricultural Uses I I I I I I I I I I I I I I I I I LU Table-4-28-D3 - do not alter.xls Page 8 Appendix A: Carmel/Clay Official Schedule of Uses P = Permitted A = Accessory "Blank" = Prohibited SU = Special Use SE = Special Exception E = Excluded Use Old Meridian Zones Overlay Zon~s "-' "'<{ ::2 Ci !:: g (.J... ~ ~ p:: !::;... :;:: > ~ :;:: ~ ~ - ~ c Vi 0 (IJ A. r<l ~ M 0) l - ~ r<l -- -- -- -- ~ ~ ~ ~ ~ ""'" <') -.r E ";l N '" ""'" .,., N C'"", 'n .-0 ~ 00 ~ <"';1 - ::2 :;:: :;:: :;:: ""d Type of Use , , ~ ~ ~ ~ cO cO cO cO :6 cO cO - ~ ~ . , p::: Vi ifJ 6 .0 lfJ lfJ ::G ,...'" U U ~ 0 0 0 0 0 c' 0 0 0 V} ::::> ::::> ;:r; Commerdal Greenhouse SU SU - SU P P .J! SU E E E Raising/Breeding ofNon-Fann Animals SU - - E E E E E Feed Store SU P - - E E E E Plant Nl1f,ery SU SU SU P P - SU P- E E E Grairi Elevator SU p - - E E E E E E E E E E E E E E General Agriclllture P P P P P P P P P P P. P P P P P P P- P P PlaHt Gmvlin; O!,eralieAs (CG) W Recreational Commercial Recreational Facility, Indoor P P P W P P P - P P P P P P E E Commercial Recreational Facility, Outdoor SU SU SU W SU - P E E E E Community Center" - - p p Country Club 811 SU S11 SU SU SU P - - P E Golf Course 8U SU 811 SU 8U SU P - SU - P E Health/Fitness Facility P Pri vate C1 ub or Lodge P P P W SU - p p p P E Private Recreational Facility SU SU SU SU SU SU P SU SU SU W SU SU - P E Riding Stable SU SU - - E Park, Publ in P p P P P P P P P P - P P P P P P - P P P P P P P P P P P Shooting Gallery P P P I! P - E E E E E E E E E Amllseffl~Ht "\reasa (eRFI) W Ainusemenl-Fafk-( CRF I) - - .E, .E, .E, Billiard Parwf (CRFI) P. P. .J! I! j2 I! I! I! Ba ..]iH~ f,lIey(CRrI) P. P. P. P. J! J! Dllllce Hall (CRFI) P. P. J! I! P- CB Cart Trael( / Race Track (CRFO) , E g Ilealth C1uh (CRFJ) J! P- P- ~ t< HiRi"lure GaJf(CRFO) .E, ReerOali",,"l Uses"'"(X) ~ SkatiHg-Riak-(CRFI) I! I! .p. .p. &6I ~ - ~~ity(CRFI) - - P. T e RR:s/Rae ~uetb.ll..fooiljiy{ eRrI) ~ ~ .J! oW J!- &6I Water Slide (CRFO) fl g Fratcmi\)' tiT Sareri!') (PCQrLl W W W W J! LU Table-4-28-03 - do not alter.xls Page 9 Appendix A: Carmel/Clay Official Schedule of Uses P = Permitted A = Accessory "Blank" = Prohibited SU = Special Use SE = Special Exception E = Excluded Use Old Meridian Zones Overlay Zones 0) 0:: 0 <( c: '" i:J,.. c--. 2: ;:: ;:;::; i:J,.. ...... => ......, - - ?-: ?-: ~. ~ ,..... 0 r:rJ > 0 r:/) 0- M - N ~ 0) - ~ M ~ ~ ~ ~ ~ -- ~ ,. M ,. E - c;l - N M ,. V) - N M ~ V) \D r- oo ~ ~ - N 2: ~ 2: 2: 6:: r:rJ Vi :s 0 Type of Use ~, r:rJ ~ ~ d:: ~ ~ dJ cb dJ d:J d:J dl d:J "7 U U c.. 0 0 0 0 0 0 0 0 0 (/J => => 0 ::r:: l;Beial Clull'Velul'llarj Org.llizatioa(PCorL) f! Miscellaneous Artiticial Lake or P011Cr' (non-platted) SU SU SU SU SU SU SU SU SU SU W SU SU SU SU - SU SU Cenletery SU SU SU SU SU SU SU SU SU SU - SU E Commercial Parking Lot P P P Il SU P P P - Histone Site - - P Arbiie,al Lake or POHd""'{X) W W Transportation & Communication Uses Aotennl SU SU SU SU SU SU SU - - P Aaleffl;a"'"Collocated Antenna p P P P P P P P P P - P P P P P P f! P P P P P P P P P P P Radio aod/or Television Studio P P P J! SU P P - Radio!Television Transmission Antenna , SU SU W SU SU SU SU SU SU W SU SE Radio!Television Transmission Tower SU SU SU p P - - SE E Tower SU SU SU W SU SU SU SU SU SU W SU E Wuclcss Telecommunication, Antenna] - P P P P f! P P P P P P P P P P Wireless Tele-:omri:1unic3tions ,Service Tower 2 SE SE SE SE SE SE SE - - SE E MOIOt Bus or Railroad Passenger Station P P P Il SU P P - Private Airplane LandingfSe"ice Facility W - SU W SU E E E E E Private Helicopter Landing/Service Facility W - SU W SU P E Truck Stop - - E E E Trueltiflg TCFIlliHal (SIDP) W W W Heliport (PHLF) W W PAwer Tml'lsll'lisEiAR lille (X) Il Il Il Power TFlInEmisEiAR LiRe (X) W W W W W W W J! + +ml1*lfiH)'-1ises, ORe (1) year maXiRlRrn;< with Ice_e); :I 'liitttOllt !cORnet 4 acemdited by the slflt~ ;: Rot a part of a pla~ I if visually integrated with or camouflaged on or within another structure (such as a cltillUley stack, church spire, light standard, monument, penthouse, power line support device, or water tower), or if collocated on an existing or previously approved tower; 2 monopole,type constmction only; & no outside ser\'ic~ 3 if mounted on another stmcture; -+Qfl:ck lip and delivery anI;; 1-1 drive thrO\l;;;h typ~12, within the same building or buildin;;; complex dir.cctly aSsocl3ted with on site products manufacnlred, assembled and/or store.;! h1 related to the indHstrial concerns; M related to the specific 011 site manurocturiR!; CORcems +>- iFl\'o]-.'iRg matcrials and/or chemicals that are cOFlsidered daFl;;;erolls to thc health, safety and welfare of tl1c general p\llllic as determined by tlle State of Indiana, Board of Health, or the City of CarmCf;material not maHHfacRlrcd or assembled on sill2 H including sand, gffiycl, soil aggregate, and all related processing operutioRs;' Rot relaled 10 permitted miillufaeluriRg or other IoISe> w products not manufaclured audlor assembled 011 ~itc;M ulilizatioa or maaufuclure of cxplosi. e LU Table-4-28-03 - do not alter.xls Page 10 Appendix A: Carmel/Clay Official Schedule of Uses P = Permitted A = Accessory "Blank" = Prohibited SU = Special Use SE = Special Exception E = Excl uded Usc Old Meridian Zones Overlay Zones "" c u < a ro ~ ~ ~ ;:l: Q: ~ ~ ~ ~ ~ :J - - 0 Vl > 0 v; cc. ,...., - N E-< '" J - ~ M ~ -- ~ ~ ~ ~ ~ ~ --- '" c') '" E ~ N N ....., "'" 'n - 'il '"';' on '-CO r;- oo ~ N ~ ~ ::?; -0 Type uf Use ~ rn ~ ~ ~ ~ ~ m en en cdJ ~ ~ ~ u U ri. ~ (/) (/) 0 0 c:1 c:1 O"l , 0 0 0 0 0 0 0 0 0 Vl ::.> ::.> ::r:: ..... materials (does not include explosive prodtlct~) u Htiliz:ali8Fl Elr FfIanHfaatHre 8fflffi'Rffiaflle liljuias srga5es ElIAar than I1;El.:e M:J88 8)' the FAanHfaetuRng BstalJlisluneRls iR their 8flerati8Ral aeli, itlEim:ludi:ng fulJrieatin.:;, ass~mbliR!;, proces[;ing, el~aniFlg, lashn!;, aRal)zing, repairing Hf geElBr" materials ElLflfDl'llo;;& a5sEl~ialcEl "..ith an inBHstrial Hse, iflelMBing "BYlee flleililies for emI31EljCses or gHssls; provided, 110 ,;elcr, tllat any service fncility shall be entirely enclosed within-a-ernlding area or cemJ}le~ft"ere'1t-OOl-usea-f8ren-sfte-manuraelllring ~-iooludes-seFV1Becesta:ei-i~'Rellt;; ;1<\-eHcl8SeEt, ~ HllenclQscd; <8 curb or window-seM~ Pl ~n.d/or assembled willlinlhe same b,lildi:ng or building comp1ex'olarger than one (1) acre ormore than eighl (8) feet in depth (not a part ofa pl~tl-retail-saJe-of products ...:hichare direclly r-elms€! tEl manllfaclunng concerns located within the !Ii 2 Manllfacturi:ng Dislr1er if c.ollocated on an ej(jStingapproved low<;r 4 ifvisually.integrat~d with or camouflaged on Or within a structtlre olher than a tower (such as a chimney slack, church spire, light standard, monument, power line siJpport, orwater tower:j;iJ1mcess .of 129 KY:\ '" retail & office; M> one (l) unit por manufaeruriRg.establ;sllmcnt or complex for SOCltril)JlHrp0S~S~ drh e (tire ,', indrn... /{JOd slile~ >8 related 10 Itleresidcn(ialctlarocter ohlle district LU Table-4-28-03 - do not alter.xls Page 11 CITY OF CARMEL &. CLA Y TOWNSHIPZONING ORDINA,'lCE CARMEL/CLAY ZONING ORDINANCE CHAPTER 3: DEFINITIONS 3.0 Definitions. The following general rules of constmction and definitions shall apply to the regulations of this ordinance: 3.1 The singular number includes the plural and the plurallhe singular, unless the context clearly indicates the contrary . 3.2 Words used in the present tense include the past and futlITe tenses, and the future present. 3.3 The word "shall" is a mandatory requirement. The word "may" is a permissive requirement. The word "should" is a preferred requirement. 3.4 The word "building" or "structure" includes any part thereof, and the word "building" includes the word "structure" . 3.5 Words not defined herein but defined in the Carmel Subdivision Ordinance shall be interpreted in accordance with the Subdivision Ordinance definition. 3.6 Words and terms nol defined herein or in the Cannel Subdivision Ordinance shall be interpreted in accord with lheir normal dictionary meaning and customary usage. 3.7 Definitions: ACCESSORY DWELLING. See DWELLING, ACCESSORY. ADVISORY PLANNING LAW. The Advisory Planning Law of the State of Indiana, as defined in I.e. 36- 7-4-101. (adopted per Z-365-01) AGRICUL TURE, GENERAL. The 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 he secondary to the normal agricultural activities. The term agriculture does not include chemical storage or manufacturing assodated with Agriculture. (Unified Development Ordinance, City of Nohlesville, IN... Article 2, pg. 6) 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. Chapter' 3: Definitions 3-1 as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02 CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINA,'ICE ALLEY. A permanent public service way providing a secondary means of access to abutting lands. ALTERATION, MATERIAL. 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) ALTERATION, 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) AL TERA TION, STRUCTURAL. Any change in the supporting members of a building such as bearing walls, partitions, columns, bearns, girders, or any substantial change in the exterior walls or the roof. AL TERA nON, 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 structurcor 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 term 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 communications, 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, WIRELESSTELECOMMUNICA nONS. APARTMENT. A dwelling unit, primarily of a rental nature. AREA, BUILDING. See BUILDiNG AREA. AREA, COMMON. 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 performing arts. (Zoning Dictionary pg. 17) ART GALLERY. A room or structure ill which original works of art or limited editions of original art are bought, sold, loaned, appraised or exhibited to the general public. (A Glossary of Zoning... pg. 39) ARTIFICIAL LAKE OR POND, NON-PLATTED. A body of water created artiticially that is either fed or not fcd 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 with authority over the jurisdiction of this ordinance. ASSISTED LIVING FACILITY. See FACILITY, ASSISTED LIVING. 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 CITY OF CARMEL & ClA Y TOWNSHIP ZONING ORDINANCE ATTACHED DWELLING. See DWELLING, ATTACHED. AUTOMATED TELLER MACHINE (ATM). A mechanized consumer banking device operated by a tinancial institution for the convenience of its customers, whether outside or in an access- controlled facility. (A GlosslIry of Zoning... pg. 40) AUTOMOBILE FliLING STATION. See STATION, AUTOMOBILE FILLING AUTOMOBILE OR BOAT SALES. See SALES, AUTOMOBILE OR BOAT. AUTOMOBILE OR TRUCK REPAIR (INDOOR). See REPAIR (INDOOR), AUTOMOBILE OR TRUCK AUTOMOBILE SERVICE STATION. See STATION, AUTOMOBILE SERVICE AWNING, PER.1\1ANENT. A pemmnent shelter supported entirely from the exterior wall of a building and composed ofrigid or non-rigid materials. (See defInition of WALL SIGN). (Sect!"on 25.7) A WNTNG, 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 incidcntal and customary and commonly associated with any national, state, local or religious holiday. (Section 25.7) BASEMENT. A story having part, but not less than one-half, of its height below grade" A basement is cOW1ted as a story for the purposes of height regulation if subdivided, used for dwelling purposes 3t.~C:. :h:vz by tljaniter cmployed on the premises- and/or as walk-out access. BED & BREAKFAST. A private, owner occupied business with 2 to 10 guest rooms where overnight 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 Infl. (A Glossary of Zoning... pg 45) BERTH OR BAy, LOADING AND UNLOADING. The off-street area required for the receipt or distribution by vehicles of material or merchandise, which in this Ordinance is held to be a twelve- foot (12') by forty-fIve-foot (4S') loading space with a fifteen-foot (1 S') 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 FRONT AGE. Property having frontage on one side of a street and lying between the 1\vo nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, waterway or other barrier. BOARD. The CannellClay 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. (A Glossary of Zoning... pg. 195) BORROW PIT. An area of land from which earth is removed for use on another site and a permanent or temporary irregplar terrain is created. Chapter 3: Dcfinitions 3-3 as amended per Z-320; Z-339; Z-340: Z-345; Z-365-01: Z-369-02; Z-389-02 CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE BORROW PIT OR TOP SOIL REMOVAL AND STORAGE. BUFFER, GREEN13EL T. The area of a development which abuts the perimeter of the development and which is designed specifically to provide a buffer and visual screen to adjacent land. 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 on 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-of-way along which a building fa~ade must be placed. (adopted per Z-340) BUILDING. A structure haviJIg a roof supported by colunms 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. BillLDING HEIGHT. See HEIGHT, BUILDING. BUILDING, ACCESSORY. A building subordinate to another stnlcture 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 structure 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 IvillLTI-LEVEL. An office or commercial building, occupied by two (2) or more businesses, which Call1lot be classified as a multi-tenant ground floor building. (Section 25.7) 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 und every floor existing above. (Section 25,7) 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 maImer, as by a roof, stich 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 e,xceeding one story in height and architectural appUlienances projecting not more than the amounts specified herein. Chapter 3: Definitions 3-4 as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02 CITY OF CARMEL & CtA YTOWNSH1P ZONING ORDINANCE BUILDING SETBACK LINE. (Sometimes called a Building Line.) The line nearest the front of and across a Lot establishing the minimum op'en 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 burns actively and easily supports combustion. BURNING, INTENSE. A rate of combustion described by a material that bums with 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 burns. 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 support combustion, during an exposure for five (5) minutes to a temperature of 1200 degrees F. C;\LIPER (Cal.). The diameter of a tree trunk fneasured at forty (40) iuehes from the groHFld. (repealed per Z-365-01) CAMP, PUBLIC. Any area or tract of land used or designed to accommodate two or more camping parties, including cabins, tents or other camping outfits. CAR WASH. The use of a Site for washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment. (A Glossary o.fZoning... pg. 59) CARi'lIV ALS, FAIRS, OR CIRCUSES. A traveling or transportable group or aggregation of rides, shows, games or concessions or any combination thereof. (A Glossary of Zoning.._ pg. 59) CATERING ESTABLISHMENT. An establishment providing meals and/or refreshments for public or private entertainment for a fee. (A Glossary ofZofling... pg.60) CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes, including coJumbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery. CENTER, FAMILY 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 alley right-of-way and/or pavement. CERTIFICATE OF OCCUPANCY. A certificate signed by the Director stating that the occupancy and use ofland or a building or structure referred to therein complies with the provisions of this ordinance. Chapter 3: Definitions 3-5 as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02 CITY OF CARMEL & CLAY TOWNSHIP ZONIl\'G ORDINANCE CHURCH, TEMPLE, OR PLACE OF WORSHIP. 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. (A Glossary OfZOIl;flg... pg. 18.'5) CIVIL VIOLATION. The erection, alteration, enlargement, maintenance or use of any building, structure or land violation or any provision of the Zoning Ordinance, Subdivision requirements, Sign Ordinance, Building Code applicable to such building, structure, or land in the zone in which it is located. (Section 34.0) CLINIC OR MEDICAL-HEALTH CENTER. An establislunent 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, PRIVATE. An association organized and operated on a non-pro1it 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 committee or similar body chosen by the members. Food, meals and beverages may be served on such premises, provided adequate dinlllg room space and kitchen facilities are available. This includes fraternities and sororities. CLUSTEMIOUSING. The grouping of single family dwelling emits, either attaohed or detached, ill sHoh a mnnner as t-o enable tho lleorporatioH Elf green belts ami other OfJOIl SflBOOS. (repealed per Z-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 COLfSEUM. COLLEGE OR UNIVERSITY. An institution accredited at the college level by an agency or association recognized by the u.s. 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. See RECREATIONAL DEVELOPMENT OF FA CILTY, COMMERCIAL. COMMERCIAL SANITARY LANDFILL OR JUNK YARD. COMMISSION. The Carmel/Clay Plan Commission. COMMITMENT. 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. (Section 31.6. J) COMMUNITY CENTER. A place, structure, area, or other facility used for and providing religious, fraternal, social, and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community. May also be referred to as a convention center or civic center. (A Glossary ofZoll;llg... pg. 66) 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. 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 CITY OF CARMEL & CLAY TOWNSH1P ZONlNG ORDINANCE CONSTRUCTION, COMMENCEMENT OF. The point in time commemorating the breaking of ground for the construetion 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. CONVENIENCE STORE (WITH OR WITHOUT GAS SALES). see STORE, CONVENIENCE (WITH 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 Conmlon 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. (A Glossary of Zoning... pg. 74) COUNTY. Hamilton County, Indiana. CROSSW A Y. A pedestrian mid-block walk located in an easement within the street. CUL-DE-LOOP. A ~treet 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 short street having one end open to a through street and being permanently temlinated by a vehicle turn-around. The length of a cul-de-sac is measured from the center of the turn-around to the centerline of the first intersecting through street. DATA PROCESSING & Ai'lALYSIS 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 collection, mail order and catalog sales, and mailing list pl'cparation. (A Glossary of Zoning... pg. 77) DAY (OR DAY CARE) NURSERY. An organized group program for the care of children away from their o~n residence for any part ofa twenty-four (24) hour day, for compensation or otherwise. DECIBEL. A unit of measurement of the 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. (Section 34.0) DEVELOPMENT. EJ~istiag facilities (structures). Any man-made change to improved or unimproved real estate including but not limited to: 1. 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 of roads, or similar projects; 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 CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE 4. construction of flood control structures such as levees, dikes, dams, channel improvements, etc.; 5, mining, dredging, filling, grading, excavation, or drilling operations; 6. construction and/or reconstruction or bridges or culverts; 7. storage ofrnaterials, or; 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 agricultllTal practices that do not involve filling, grading, excavation, or the construction of pem13nent buildings. (Section 22. J 5) DEVELOPMENT REQUIREMENTS. Development standards, plus any additional requirements specified in this Ordinance which must be satisfied in cOlmection of the approval of a Subdivision or Development Plan, (adojJted 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 Adll)inistrator, of the Department of Community Services for the City of Cannel, Indiana. "Director" and "Administrator" shall include his/her authorized representatives. DISH. That pari 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 allintemal roads, drives and streets in the Village Zone approved prior to the enactment of this Ordinance. (relocated per Z-365-01) DRIVEWAY. That space. or area of a Lot which is specifically designated and reserved for the movement ofmoter 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. (A Glossary of Zoning... pg. 86) DRY CLEANING ESTABLISHMENT WITHOUT ON-SITE PLANT. An establishment or business maintained for the pickup and delivery of dry cleaning aJ:[d/or laundry without an on-site plant and without the maintenance or operation of any laundry or dry cleaning equipment on the premises. (A Glossary of Zoning... pg. 86) Chapter 3: Definitions 3-8 as amended per Z-320; Z-339; Z-340; Z-345; Z-365-OJ " Z-369-02; Z-389-02 CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE 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 times. 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. DWELUNG, 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 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) DWELLING, CLUSTER HOl\ffi. One or more single filmily dwelling structures with no or minimal Froat, Side and Reilr Yards amI whi0fl Hlay er may Ret aa'le Ron living areas eOilllected by oommon walls. The size, 'l.idth aild 6OJ'lfiguration of fue Lot [-or each siBgle family dwelling structure is uSHally less than is conventionally required by zoning ilnd as such these dwellings are regulated by Section 33.0 of the Zollin~ (repealed per Z-294) DWELLING, MULTIPLE F.A.MILY. ,A. residential builcling oontaiRing three or more dwelliag uflits and occupi<;d by three er more families (repealed per Z-345) . DWELLING, MULTIPLE-FAMILY. A residential building containing three (3) or more dwelling units 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 per Z-345) nWELLING, SINGLE FAMILY. A residential building contammg only one dwelling unit and Ret occupied by more than one family. (repealed per Z-345) DWELLING, SINGLE-F AMIL Y. A residential building containing only one (1) Dwelling Unit and not occupied by more than one (1) Family. Pursuant to Ie 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 Ie 12-28-4-8, a Group Home for not more than ten (10) developmentally disabled individuals which is established under a program authorized by Ie 12- 11-1.1-1(e)(l) or IC 12-11-U-l(e)(2) shall be treated as if it were a Single-Family Dwelling. (adopted per Z-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. Chapter 3: Definitions 3-9 as amended per Z-320; Z-339; Z-340; 2-345; Z-365-01; Z-369-02; Z-389-02 CITY OF CARMEL & CLAY TOWNSHIP ZONINGORDlNANCE EQUIPMENT SALES &. REPAIR. The use of land, buildings or structures for the sale, storage or repair of equipment and machinery, which may include but is not limited to farm implement sales and repair and small engine sales and repair. (Zoning Dictionary pg. 73) EXISTING MANUfACTURED aOMEPARK OR SUBDIVISION. See MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING. EXPANSION TO AN EXISTlNG MANUFACTURED HOME PARK OR SUBDIVISION. Means the preparation of additional.sites by the cOllstmction of facilities for servicing the lots on which the manufactured homes are to. be affixed (including installation of utilities, the constmctioIl of streets, and either fmal site grading or the pouring of concrete pads). (Section 22.15) 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 FITNESS. 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 whieh 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 Z-345) FAMILY OR CHILD ADVOCACY CENTER. See CENTER, FAMILY or CHILD ADVOCACY. FARM. A tract of land comprising 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 balm; equipment and animal sheds; farm residences for the owner, operator or farm assistants; roadside sales stmeture for the sale of products of the farm, not including industrial or commercial operations or structures or feedlots. FBFM. Flood Boundary and Floodway Map. (Section 22.15) FEED STORE. An establishment engaged in the retail sale of.supplies directly related to the day-to- day activities of agricultural production. (A Glossary ofZoJling... pg.l00) FEEDLOT. Any area, enclosed or unenclosed, used for the concentrated feeding of livestock, other than graZIng. FEMA. Federal Emergency Management Agency. (Section 22.15) Chapter 3: Definitions 3-10 as amended per Z-320j Z-339j Z-340j Z-345; Z-365-01j Z-369-02j Z-389-02 CITY Of CARMEL & CLAY TOWNSHIP ZONlNG ORDINANCE FENCE. A freestanding'device made of metal, masomy, 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 fcnce constructed of vel tical wood strips, with no intervening spaces, providing a complete visual banier. FHBM, Flood Hazard Boundary Map, (Section 22,15) FIRM. Flood Insurance Rate Map. (Section 22. J 5) FINAL"lCIAL INSTITUTION. See INSTITUTION, FINANCIAL. FISCAL OFFICER. The fiscal officer, as defined 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 Carmel. (Section29,71) FLASH POINT. The lowest temperature at which a combustible liquid under prescribed conditions will give off a flanmlable vapor which will burn momentarily using the closed cup method, FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runofI of surface waters from any source. (Section 22,15) 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. TIle regulatory flood elevation at any location is as defined in Section 22.4 of this ordinance. The "Regulatory Flood" is also known by the term "Base Flood." (amended per Z- 339) (Section 22.15) 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 channel 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 the floodway fringe districts, (Section 22.15) FLOOD PROFILE, REGULATORY. A longitudinal profile along the thread of a river or stream showing the maximum 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. (Section 22,15) 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 carry and discharge the peak flood flow of the regulatory flood of any river or stream. (Section 22./5) FLOODW A Y, COMMISSION. Thecharmel 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. Chapter 3: Definitions 3-11 as amended per Z-320; Z-339; Z-340; Z-345; Z-365-0J; Z-369-02; Z-389-02 CITY OF CARMEL & CLAY TOWNSHIP ZONlNG ORDINANCE FLOODW A Y FRINGE. Those portions of the floodplain lying outside the floodway. (Section 22. J 5) 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, ifthe 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; 4. the top of the floor level of ffilY 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 bf enclosed area subject to flooding. The 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. (Section 22. J 5) 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, floor 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, GROlJ1\TD. The square foot area of a building within its l.argest 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 on a Lot, measured from the interior faces of exterior walls and from the center line of walls separating two or more buil.dings. The term 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 fOT pemlanent 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 corridors, 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 RATIO (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 covered 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 for customers within the structure itself. (A Glossary of Zoning... pg. 215) Chapter 3: Definitions 3-12 as amended per Z-320; Z-339; Z-340,' Z-345; Z-365-01; Z-369-02; Z-389-02 CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE FOOTCANDLE. A unit of illumination. It 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 ill 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, FUt.'L. 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. (A Glossary of Zoning... pg. 149) GARAGE, PRlV ATE. 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. Sec OFFICE, GENERAL. GENERAL PERSONAL SERVICES. An establishmcnt or place of business primarily engaged in the provision of frequent or recurrent needed services of a personal nature. Typical uses include, but are not limited to, beauty and barbershops, shoe repair shops, and tailor shops. (A Glossary of Zoning... pg. 169) 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. (A Glossary o.f Zoning... pg. 112) GRACE PERIOD. Extension of tirnegranted for conection, tennination, or cessation of a civil violation of the Zoning Ordinance. (Section 34,0) GRAIN ELEVATOR. A building for elevating, storing, discharging, and sometimes processing grain. (Merl"iam-Webster's Collegiate Dictionary) GREENBELT. That portion of the Front Yard oCthe Lot which is immediately adjacent and parallel to the right~of~way of State Highway 431, U.S. Highway 31 or U.S. Highway 421, located within an Overlay Zone District Boundary and having a minimum depth of thirty (30) feet. GREENBELT BUFFER. See BUFFER, GREENBELT. GREE1\1JfOUSE. A structure for the propagation of plant materials and for sale of same. Chapter 3: Definitions 3-13 as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02 CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE GREENHOUSE, COMMERCIAL. A building used for the growing of plants, all or part of which are sold at retail or wholesale. This includes plant growing operations. GUEST HOUSE. See HOUSE, GUEST. HABITATION/OCCUPANCY. The act, state or condition of being or becoming a tenant or ofliving in or taking up qUal1ers or space in a structure or on a land area. HEALTH AND FITNESS FACILITY. See FACILITY, HEALTH A,ND FITNESS. HEAVY INDUSTRIAL. See INJJUSl1UAL, HEA VY. HEA VY MANUFACTURING. See MANUFACTURING, HEA VY. 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. (A Glossary of Zoning... pg.120) HOME, GROUP. Any of the following: 1. a residential structure (licensed under IC 12-17.4) in which care is pro'vided on a twenty- fom (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-l.l-I(e)( 1) or IC 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 Ie 12-22-2-3. (adopted per Z-345) HOME, MANlJ FACT URED. 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 I, 1981. Manufactured homes which exceed 950 square feet may not be totally precluded by ordinance from being located in various areas zoned for housing. HOME, MODEL. A finished, residential unit, including units in a multifamily structure 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 purchasers (by a realtor, builder, developer, or contractor). The dwelling house may be furnished but 110t occupied as a residence while being used as a "Model Home," (The Zoning Dictionary pg. 126) Chapter 3: Defmitions 3-14 as amended per Z-320,- Z-339; Z-340; Z-345; Z-365-01.. Z-369-02; Z-389-02 CITY OF C.",RMEL & CLA Y TOWNSHIP ZONING ORDINANCE 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. I-IOME 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) 1. clearly incidental and secondary to the ase of the t:hvelliHg far awelling pl:lTposes, utilizing no more than fifteen percellt (15%) ofthe total floor area of tho dwelling; 2. does not change the character of the d....elling; and 3. of 'o'/hich there is no indicatioB frem the eJCteriar that the dwelliflg is beiRg atiJized in whole or in part for aay purpose other than a dwelling. and further that: 1. the Home OcoHpatioll is eenductod wholly witlllil-tne--dwelling, and there is no outside . , 2. there is no oatside stemge or display ef materials 1fl oOflnection with the Home Occupation; 3. no one outside oftbe immediate family shall be employed; 4. no signs other thEfR those normally permitted in the district in which the Home Occupation is located; 5. no commodity is sold on the premises other than that prepared OIl the premises; 6. the deliyery OrIUI)' materials for the Heme OaoHflation witl not exceed 1\\'0 trips per day by any yehiele Rot owned by a family member; ami 7. the mechanieal equipment used for the Horne Occupation is customarily used far aDmestic purposes and is of a size and type that i5 similar to domestic mechanical equipment or is customarily fOlmd in a h:'iSiIle5s effiee. /1. Home Occupation slolall not include: 1. barber shop; 2. be:mty parlor; 3. antique or gift shop; 1. tea room or the serving of food or beverages; 5. animal hospital or commercial k~ 6. photographic studio; 7, aHtomobile repair other than vehicle owned by members of the immediate family; 8. major appliaaee repair or sen-Iees; and 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 CITY OF CARMEL &. CLAY TOWNSHIP ZONING ORDINANCE 9. any processin:; or manufaemriBg that prodHces Aoxious materials or procll:wts. .^. HElme OceUJ3aticlH iaeh:ldes but is not limited to the following: 1. art studia; 2. dressmaking; 3. oUi.,e oran architect, engineeF,-ti~teF,---dentist, lavqer or accountant; 4. office of a sales reprt'lsontatiye; ami 5. teaching, iNcluding musical instruments or dancing but lirnite~upil at a time. 6. in home da)'carc. HOSPICE. An establishment that provides palliative care and attends to the emotional and spiritual needs of terminallylll 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 ...nth provisions for the boarding of animals. HOSPITAL, VETERINARY WITHOUT KENNEL. A facility for the practice of veterinary medicine without provisions for the boarding of animals. HOTEL. Any buildi])g 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 minimum of forty (40) square feet of conference room per guest rooin. 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 "I"rithin the hotel, or within three hundred (300) feet (walking distance) of the hotel. (adopted perZ-340) ~1='EL OR MOTEL. .^.. building offering temporary hO~lSingto the public for compensation, which is availablt'l Ie transiel'J:t gl:lests ami in ""hiGh NO iHdiyidual coobng;'faeilities aTe provided. (repealed per Z-340) HOUSE, BOARDING. A building not open to transients, where lodging and/or meals are provided for tln-ee 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 m~in residence building, such quarie1'5--Iw-e'ing no kitchen facilities or separate utility meters and not rented or other-.vise, used as a- separate dwelling. Chapter 3: Definitions 3-16 as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02 CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDrNANCE HOUSE, ROW OR form, A series of tll'a ar more dwelling units, arranged side by side, scparClted by Gsmmonwalls between li','ing areas, each unit ha~'i/'lg one GW more le'xls. HOUSE P AD ELEVATION. The lowest outside finished ground elevation necessary to meet the minimum drainage requirements for the ground floor of a structure. ILLUMINA TION. 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. (Section 25.7) IMPACT FEE STATUTE. The following provisions to the Indiana Code, as amended: IC 36-7-4-1300 through IC 36-7-4-1342. (Section 29.7.1) IMPROVEMENT. Any change in use, any major exterior' remodeling of a structure 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 structure, 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 tenn includes stmctures that have incurred "substantial damage" regardless of the actual repair work performed. 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." (Section 22.15) 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 purposcs of the Impact Fee Statute, and Improvement Location Penllit (issued under the Carmel/Clay Zorling Ordinance) shall be considered a "structural building permit." (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. INDUSTRIAL, LIGHT. An industrial use which creates a mil1inmll1 amount of nuisance 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 oilier than transporting goods between buildings, provides for enclosed loading and unloading berths and which is not l1oxious 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. I..Vll'. An cst..'1s!ishmont usoa. maintained r'Jr adl'c,'tised lIS a plaec where sleeping accommodations arc supplied for short term rent (less than. 30 cansccutil'C days) to tenants, in which rooms are furnished for the accommodations ef such gb:osts, which may ha'..e as (;In ac:ceSS01}' lIse one or more dining reems. and whioh no'S)' inc!udc i:ldiv!db:s! k"':cho.'i f,,-ei!itios. (.,d&;3:od {Jar Z 31(,1} Chapter 3: Definitions 3-17 as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02 CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE ThTSTITUTION. A non-profit organization established for public, charitable, educational or religious purposes such as church, college or university, hospital or school. INSTITUTION, FINANCIAL. Any building wherein the primary occupation is concemed 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 [or reuse, resale or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or sorted, 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, oiVIled or possessed [or the purpose of wrecking or salvaging parts therefrom. JURISDICTION OF THE COMMISSION AND THE BOARD. 'fl1e City of Carmel, Indiana and the eentigHous unincorporated territory of Clay Township, Hamilton County, Indiana. The jurisdiction of the Board is identical. (amended per Z-365-0J) 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 childrenpffln~cnvecn the ages o/three andjiw:, providing preparation for elementary school. LABORA TORY, 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 watercourse 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 height for shrubs, a minimum of 4 - 5 feet in height for evergreen conifer trees and a minimum of G - 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, ilowerbeds, retention ponds, ornamental objects such as fountains, statues and other similar natural or aL1ificial 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 located 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 cIlrrently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations. (Section 22.15) LIBRARY. A public facility fot the use, but not sale, of literary, musical, artistic, or reference materials. (A Glossary of Zoning... pg 139) LIGHT INDUSTRIAL. See INDUSTRIAL, LIGHT. 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 CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE LIGHT MANUFACTURING. See MANUFACTURING, LIGHT. LIVESTOCK. Animals and especially .fann 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 street. LOT, CORNER. A Lot at the junction of, and having frontage on, two or more intersecting streets. LOT, DEPTH OF. The mean horizontal distance between 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 street that is open for public use. LOT, INTERIOR. A Lot other than a corner lot or through lot. LOT, REVERSED INTERIOR. A Lot, other than a corner lot, which has frontage on a street 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 paranel streets. LOT COVERAGE. The percentage of the 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 LINE, 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 corner lot, a line separating the narrowest 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 (10) 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. The placement of a dwelling unit on an individual Lot in which one or more of the walls of the dwelling unit are at one or more of the lot lines. 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 CITY OF CARMEL & CLAY TOWNSHIPZONING ORDINANCE LOT OF RECORD. A Lot which has been recorded prior to December 21, 1957. LOT WIDTH. The dimension of a Lot, measured between Side Lot Lines on the building line (or in the case of a curved building line, it is measured tangent 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 "'lith a minimmTI height no less than that of the material being sold or rented. This classification includes lumberyards, home improvement sales and services, too] and equipment sales or rental establishments. MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING. Means a manufactured home park or subdivision for which the construction of facilities 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 HOUSING MANUF ACTURlNG, HEAVY. The manufacture or compounding process of raw materials. These activities or processes woultl necessitate the storage of large volumes of highly flammable, toxic matcrials or explosive materials needed for the manufacturing process. These activities may include disposal of radioactive materials, fertilizer manufacturing, leather curing and tanning, lime, cement, asphalt, and gypsum retining -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 Health, or the City of Carmel, slaughtering, stock yards, wood preservatives 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 establishment. (A Glossary of 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 LABORA TOR Y. MEDiCAL MEDICAL OFFICE. See OFFICE, MEDICAL. 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 unit or 2,400 gross square feet, whichever is greater. (A Glossary o/Zoning... pg. 147) Chapter 3: Defmitions 3-20 as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02 CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE MINERAL, SOIL, OR GRAVEL EXTRACTION OPERATIONS. Any process used in obtaining, from the earth, naturally occurring substances. MOBILE HOME 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, stmcture, vehicle or enclosure used or intended for use as a part of the equipment of such mobile home park. MOBILE HOME STAND OR PAD. A stationary foundation designed for a mobile 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. often ',','itl1 a. common /dtcken and dining ruei'll Ii/citifies IlUi)' f3c p;'erid-(}d within the !.mikling fir sn acccssel)' building. and II'hidllx,te:'s Fe the :'1"a'.'cling fJblblie. (.'uleptcd par Z 31()) MOTOR BUS OR RAILROAD STATION. See STA TlON, MOTOR BUS OR RAILROAD. MOU1\1J}ING. Slopes with a ratio in excess of 1 (vertical) : 10 (horizonta1), (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-FAMIL Y HOUSING COMPLEX. A building(s) for residential purposes with three (3) or more dwelling units, having common or party walls, on a single lot. (Section 25.7) MULTI- TENANT MULTI-LEVEL BUILDING. See BUTLDING, MULTI-TENANT MUL Tl-LEVEL. MULTI-TENANT GROUND FLOOR BUILDING. See BUILDING, MULTI-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, MULTI-TENANT BUILDING COMPLEX DIRECTORY. MULTIPLE-FAl'\1ILYDWELLING. 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 collcction of artifacts of historical interest. (ZOtlillg Dictionary 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 SUBDTVISTON. Means a manufactured home park or subdivision for which the construction of facilities for servicing lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of Chapter 3: Definitions 3-21 as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02 CITY 01' CARMEL.& CLAY TOWNSHIP ZONING ORDlNAI'ICE streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of this ordinance. (Section 22.15) NOTICE OF VIOLATION. Written notification of non-compliance in accordance with Chapter 34. NURSING, RETIREMENT OR CONVALESCENT FACILITY. A home for the aged or infirm in which three or more persons not of the same immediate family are housed and provided with food, and/or c;are 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 living and nursing homes. OCCUP ANCY. see HABIT A TiONIOCCUPANCY 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. OCTA VE BAND. A tem1 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. OCT A VE BA1\TD FILTER. An electrical device which separates the sounds in each octave band and presents thcmto the sound level meter. OFFICE, GENERAL. f. 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 facilities" insurance oftices, office buildings, office spaces, office uses, travel service bureaus, utility company business offices, and license bureaus. OFFICE, MEDICAL. An office for health care providers including, without limitation, dentists, physicians and surgeons. OFFICE, PROFESSIONAL. The oflice 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 maintel1ance of professional standards applicable to the field. (A Glossmy of Zoning... pg. 158) OFFICE BUILDING. A building or portion of a building wherein services are perfom1ed 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 DRiVE, 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 Iiot incidental, residual land between buildings, but land areas which are integrated into an overaJl site or neighborhood design, are accessible visually as well as physically, and are functional for use by people for gathering or play. (relocatedper Z-365-01) OUTDOOR STORA.GE. See STORAGE, OUTDOOR. Chapter 3: Definitions 3-22 as amended per Z-320,' Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02 GITY OF CARMEL & CLAY TO"I'NSHIP ZONING ORDINANCE 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""nership of any type of dwelling unit, or premises, including individual, corporate, cooperativc OJ condominium fOJm of ov.nership or rentaL P ARK, PUBLIC. A public.space and supporting facilities designed and used for a variety of recreational activities, a greater part of which take place outside of any structure. PARKlNG, OFF-SITK 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 which are located outside the garage or carport area and are located on the individual drive"vay. P ARKlNG AREA, PRlV ATE. 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 compensatioIl, or as an accommodation tor 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 use. P ARKlNG LOT, COMMERCL<\L. Any area of land used or intended for off-street parking and operated for remuneration. PARKING SIGN. See SIGN, PAJU{JNG. 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 stTllctures one half of the area occupied by suppOlting columns may be included in determining the width and area of each adjacent 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 O\vned or leased by the Parks Board solely for a public purpose, and ii) are included in the Zone Improvement Plan. Parks and Recreation Infrastmcture includes the site improvements and interests in real property needed for such parks and other recreational facilities. (Section 29.7.1) PARKS BOARD. The CarmeVClay Board of Parks and Recreation, which is hereby identified as the "infrastructurcagency" that is responsible for acquiring, constructing, or providing Parks and Recreation Infrastructure. (Section 29.7./) PARTICULATE MATTER. Finely divided liquid or solid material which is discharged and carried along in the air. 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 CITY OF CARMEL & eLA Y TOWNSHIP ZONING ORDINANCE PARTY WALL OR COMMON WALL. A single unpierced masonry wall that completely separates two separate dwelling units. PA VEMENT 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 confined as the result of legal process and includes attendance centers established for persons sentenced to serve periods of conununity 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 filed 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, permanently 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. PLAN, COMPREHENSIVE. A long-range plan for the development of public and private property 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 DISTRICT. The R-5, 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 (10) 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 chart indicating the Subdivision or replat ofland, intended to be filed for record. POND. see LAKE OR POND, ARTIFICIAL. Chapter 3: Definitions 3-24 as amended per Z~320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02 CITY OF CARMEL.& CLAY TOWNSmr ZONING ORDINANCE POST OFFICE. Houses service windows for mailing packages and letters, post oftice boxes, offices, vehicle storage areas, and sorting and distribution facilities for mail. (A Glossary of Zoning... pg. 175) POWER GENERATING PLANT. A complex of structures, machinery, and associated equipment for generating electric energy from another sonrce of energy, such as nuclear reactions or a hydroelectric dam. (www.dictionary.com) PREMISES. A tract or Lot together with all of the stmctures in that tract or Lot. PREMISES lDENTlFICA TION. The common street address of building displayed in numerals. (Section 25./4) PRINTING OR PUBLISHING ESTABLISHMENT. A facility for the custom reproduction of written or graphic materials on a custom order basis for individuals or businesses. Typical processes include, but arc not limited to, photocopying, blueprint, arid facsimile sending and receiving, and including offset printing. This may also include a newspaper publishing or printing plant, and a photography establishment. (A GlossalY of Zoning... pg. J 75) PRIVATE AIRPLANEIHELICOPTER LAl~DING &/OR SERVICE FACILITY. Any landing area, runway or othcr 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, tie-down areas, hangars, and other necessary buildings and open spaccs. ( http://www.co..mllltnomah.or.us/dscd/Isnd us e/zonord in/ ns v /zo definit.html# A) PRIVATE RECREATIONAL FACILITY. See RECREATIONAL FACILITY, PRIVATE. PRIVATE SWIMMING POOL, ETe. 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 OT service which is of public consequence and need such as electricity, gas, water, transportation or eonununicatlons. 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 of uses permitted in the Planned Unit Development District; 3) expresses in detailed tenns the development requirements that apply in the Planned Unit Development District; Chapter 3: Definitions 3-25 as amended per Z-32 0; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02 CITY OF CA~MEL.& CLA Y TOWNSHIP ZONING ORDINA,'1CE 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 Planned Unit Development District; 5) spccities any limitation applicable to the Planned Unit Development District; and 6) meets the requirements ofIC 36-7-4-1500 et seq. (Section 31.6.1) RADIO &/OR TELEVISION STUDIO. See STUDIO, RADIO &lOR TELEVISION. 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 insemination and the principal purpose of which is to propagate the species. RECEIVER. A televisiofl. set,. radio, communication de':ice or data input--deviee--that utilizes the signals fren~ the earth station. RECREATIONAL FACILITY, COMMERCIAL INDOOR. Any area of land, buildings and/or facilities used or intended. for indoor recreational purposes and operated for remuneration. This 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 of land, buildings and/or facilities used or intended for outdoor recreational purposes and operated for remuneration. This may include outdoor theaters, go cart or race tracks, miniature golf, and water slides. RECREATIONAL FACILITY, PRlV ATE. A private recreational facility for use solely by the residents and guests of a particular residential development, planned unit development, or residential neighborhood, induding indoor and outdoor facilities. These facilities are usually proposed or planned in association witl) development and are usually located within or adjacent to such development. (A Glossary ofZOttiJlg... pg. 182) RECREA TIONAL VEHICLE. 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 pennanently 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 definitiOll are social organizations or clubs. (A Glossary of Zo II ing ... pg. 62) Chapter 3: Definitions 3-26 as amended per Z-320j Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02 CITY OF CARMEL & eLA Y TOWNSHIP ZONING ORDINAJ'KE REPAIR (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 bod)', fender, muffler or upholstery work; oil change and lubrication, painting, tire service and sales, or installation of cn radios, car alarms, stereo equipment or cellular telephones. (A Glossary of Zoning... pg. 41) REPEATED CIVIL ZONING VIOLATION. A recurring violation of the Zoning Ordinance at the same location; or a violation oCthe same section of the Zoning Ordinance at a different location by the same responsible party. (Section 34 0) RESEARCH ~ABORATORY OR FACILITY. A building forthe accommodation of scientific research facilities such as electronic, engineering, chemical, medical and similar laboratories and plaI1l1ed and placed on its site in accordance with harmonious principles of architectural and landscape architectural design. RESIDENTIAL DISTRICT. The S-l, S-2, R-I, R-2, R-3, R-4 and R-5 zoning district classifications. RESPONSIBLE PARTY. Any person, firm or corporation, who uses property in violation of the Zoning Ordinance or who knowingly penmts another person, finn 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 self~serve basis. Customer orders and/or service nlay 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 of Zoning... pg. 188) RESTAURANT, DRIVK..THRU 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 consumption takes place or is designed to take place outside the confines of the restaurant, and where ordering and pickup of food may take place froni an automobile. (Development DefinitiOlls 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 DietiMary 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 Canl1eUClay Impact Review Board established under Section 29.7.9. (Section 29.7.1) 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 tanh, whether or not such stable is operated fOf remuneration, hire, sale or stabling. RIGHT -OF- WAY. An area ofland permanently dedicated to provide light, air and access. Chapter 3: Ddinitions 3-27 as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02 CITY OF CARMEL & CLAY TOV.'NSHIPZONINGORDINANCE RINGELMANN NUMBER. The number of the area on the Ringelmann chart that most nearly 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 illustrated graduated shades of gray for use in estimating smoke gensity. Smoke below the density of Ringelmann No.1 shall be considered no smoke or Ringelmann No. O. ROAD, THROUGH. A drive, road, street or other motor vehicle path having separate ingress 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 grown on the same Lot. ROADW A Y WIDTH. The paved area of a street measmed from back of curb to back of curb. ROOF CROWN. Cutter line. (Section 25.7) SALES, AUTOMOBILE 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 hoat repair and service. (Unified Development Ordinance, City of Nohlesville, 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, MANUFACTURED HOUSING. Any land, building, structure, or premises used for the sale or lease of manufactured houses. SALES, MOBILE HOME OR RECREATIONAL VEmCLE. Any land, building, structure, or premises used for the sale or lease of mobile homes or recreational vehicles. SANIT ARY LANDFILL. A solid waste disposal facility which may include an incinerator, grinder, composting facility or other State Envirolilllental 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 envirolilllentally hannful chemicals or radioactive materiaLs of any type. SCHOOL, PRlV ATE. Private pre-primary, primary, grade, high or preparatory school or academy. SCHOOL, TRADE OR BUSINESS. Secretarial or business school or college when not publicly owned or not owned or conducted by or under the sponsorship of a religious, charitable or non-profit organization; or, a schooL conducted as a commercial enterprise for teaching instrumental music, dancing, gymnastics, barbering or hair dressing, drafting, industrial or technical arls, or culinary arts. Ml\Y also illclude vocational or industrial training facilities, performing arts studios, art schools, business/commercial schools, and dancing academies. SCHOOL OF GENERAL ELEMENTARY OR SECONDARY EDUCATION. Any public, parochial or private school for any grades between first and twelfth that is either accredited by the bldiana Department of Public Instruction or recognized by and in good standing with the Indiana Department of Public Instmction for purposes of compulsory education requirements. SCREEN, SOLID VISUAL. see BUFFER OR SCREEN, SOLID VISUAL. SELF SERVICE LAUNDRY. A facility where p.atrons wash, dr.y, or dry clean clothing or other fabric.~ in machines operated by the patron. (A Glossary of Zoning... pg. 138) Chapter 3: Definitions 3-28 as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02 CITY OF CARMEL & CLAY TOWNSHlI' ZONING ORDINANCE 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 servants solely employed on the premises with such quarters not being rented or otherwise used as a separate dwelling. SETBACK. The least measured distance between a sttucture and the street right-oF-way, the Side Lot Line or the Rear Lot Line. SET BACK. The measured distance between a sign structure and the street right-of-way. (Section 25.7) SETBACK LINE, BUILDING. See BUILDING SETBACKLlNE. 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 establishment that has as a substantial portion of its stock-in- trade and offers for sale and/or for viewing, for any form 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. insttuments, devices, or paraphernalia that are designed for use in connection with sexual activities. Also, a nightclub, bar, restaurant, or similar establishment 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) SFHA or SPECIAL FLOOD HAZARD AREA. Means those lands within the jurisdiction of the City that are subject to inundation by the regulatolY flood. The SFRAs 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. J 5) SIGN. Any structure, fixture, placard, announcement, declaration, device, demonstration or insignia used for direction, information, identification or to adveliise 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 structural 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 (I) 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 communication purposes. (Section 25.7) SIGN, JDENTIFICA nON. A sign which is limited to the name and/or address of a building, institution or person; to the activity carried on in the building or institution; the occupation of the person; and/or 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%) of the sign area. (Section 25.7) Chapter 3: Definitions 3-29 as amended per Z-320j Z-339j Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02 CITY OF CARMEL & eLA Y TOWNSHIP ZONING ORDINANCE 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. (Sectfon 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 commemorative building tablet such as a cornerstone, when carved into stone, concrete or similar material or made of bronze, aluminwn, or other permanent type construction and made part of the structure. Integral signs are not intended 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 teons of this Code, November 5, 1981 or the prior Sign Code, May 23, 1973 and any amendment thereto, and which fails to conform to an 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. (Sce Section 251GB). (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. (Section 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 definition 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 25.7.01-3 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) SIGN, POLITICAL CAMPAIGN. Any sign having reference to a candidate for elective public office 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 shan be permitted only in Old Town Carmel. (Section 25.7) SIGN, PORTABLE. A sign not pemmnently 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 Cam1el 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 ESTA TK I}ny sign advertising the sale, rental or lease of the premises or part of the premises on which the sign is located. (Section 25.7) 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 CITY OF CARMEt& etA Y TOWNSHlPZONrNG ORDINANCE 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 converted 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, SUSPENDED. Aground sign suspended from and installed on an arm or spar attached to one (1) upright, decorative pole. The pole and am1 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 constructed as a part of such sign. (Twelve (12) square feet maximum sign area). This type of sign shan 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 above ground level. Standard traffic directional signs, such as STOP and YIELD signs, shall comply with the "Unifonn Manual for Traffic Control Devises." (Section 25.7) SIGN, VEHICLE. A sign on a vehicle of any kind, provided tIle 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 manufachlred 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 established 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 shall be considered a part of the structure, and signs established on permanent awnings shall be considered wall signs. (Section25.7) SIGN, WINDOW. Any building sign, picture, symbol or combination thereof, designed to communicate information about an activity, business, connnodity, 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 257) SlNGLE-FAMIL Y DWELLING. See DWELLING, SINGLE-FAMILY. SINGLE-TENANT BUILDING. An ofticc or commercial building in which all space is occupied by one tenant. (Section 25.7) SMOKE. Small gas-borne particles resulting trom incomplete combustion consisting predominantly of carbon and other incombustible material, but excluding metallurgical fume and dust, and present in sunicient 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 tI1is calculation, a Ringelmann density reading Chapter 3: Definitions 3-31 as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02 CITY OF CARMEL & CU. Y TOWNSHIP ZONING ORDINANCE shan 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 D.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 llses may be. (See Section 2 J. 0). ST ADillM OR COLlSElJM. An amphitheater, large theater or other such facility used for public meetings, sports, exhibitions, etc. STATION, AUTOMOBILE FILLING. Any place of business with pumps and underground storage tanks, having as its purpose the selling of motor vehicle fuels and hibricants at retail. STATION, 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. STATION, 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 othcr improvements to provide security, protection from weather, and access to nearby services. (A Glossary of Zoning... pg. 238) STORAGE. The exi;;tence 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 flammable liquids or gases other than those used by the manufacturing establishments in their operational activity. STORAGE OR DISTRIBUTION FAClLTY. A facility where goods are received and/or stored for delivery to the ultimate customer at remote locations. This includes food products distributing stations, trucking tenninals, and packaging facilities. STORAGE OR SALE OF PETROLEUM PRODUCTS. Retail or wholesale sales 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 of Zoning... pg. 216) STORAGE AND/OR WAREHOUSING, OUTDOOR. The keeping of any goods, junk, material, merchandise or vehicles in the same place, in an umoofed and/or unenclosed area, for more than twenty-four (24) hours. (relocated per Z-365-01) 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 CITY OF CARMEL & CLAY TOWNSHIP ZONIJ\'G ORDINANCE STORE, CONVENIENCE ("W1TH OR WITHOUT GAS SALES): Retail centers that are 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 [mish materials and detailing consistent with its associated Convenience Store building. (relucated 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 fmished floor or, if there is no higher finished floor, that p art of the building comprised between the level of the highest finished floor and the top of the roof beams. 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, PRIVATE. A street which is not dedicated to or maintained by any public agency. STRUCTURE. Anything constructed 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. Struclure 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 structure that is principally above ground and is enclosed by walls and a. roof. The term includes a gas or liquid storage tank, a manufactured home, or a prefabricated building. The term also includes 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-faniily dwelling. STUDIO, RADIO &/OR TELEVISION. Space in an outdoor or indoor area, building, part of a building, structure, ur defined area, that is used pr'imarily'for the creation of film, television, music video, multi-media, or other related activities. (A Glossary of Zoning... pg. 225) SUBDIVISION. The Elivision of any parcel ofland (recorded afterJanuary 21, 1980) into tlu:ee (3) or more Jlarcels, sites or Lots, ',vhen more than two of the Lots are less than five (5) aeres in area, for the purpose of transfer of (1wnership, or building deyelopmeBt, e)[ell:ldiHg eei'Reteries. The improvem0IH of one or more pan:0ls of land for residential, comfneroial or industrial stnlcturcs or groups of stnletHres involving the subdivision and allocation of land as streets or other open s~ for common use by O'lmers, occupants or lease holders or as easements f.or the extension and maintenance of public sewer, ,,:ater, storm drainage, (1r EIther poolie utilities aEd faeilities. (repealed per Z-339) SUBDIVISION. Any of the following shall be considered the subdivision of land requiring plat approval by the Plan Commission: ]. The division of any parcel of land (recorded after January 21, 1980, and before January I, 2000) into three (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 for residential, commercial or industrial stmctures or groups of structures involving the subdivision and allocation of land as streets or other open spaces for common use by Chapter 3: Definitions 3-33 as amended per Z-310; Z-JJ9; Z-340; Z-J45; Z-J65-0I; Z-369-01; Z-389-02 CITY OECARMEL & CLAY TOWNSHIP ZONING ORDINANCE owners, occupants or leaseholders or as easements for the extension and. maintenance of public sewer, water, storm drainage, or other public utilities andJacilities; 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 parcels, 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 utilize an casement 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 number of Lots or parcels for the purpose of this defmition. 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 area, or fewer than five (5) lots. (adoptedper Z-329) SUBDIVISION PLAT. (See "Plat.") SUBST ANTrAL IMPROVEMENT. See IMPROVEMENT, SUBSTANTIAL. SURGERY CENTER. See CENTER, SURGERY. TAVERN OR NIGHTCLUB. A commercial establishment dispensing alcoholic beverages for consumption in the premises. (A Glossary of Zoning... pg. 154) 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. THEATER, INDOOR. A bliilding or part ofa building devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances. Uses include but are not liinited to a movie theater and a performing arts center. (A Glossary of Zoning... pg. 234) THREE~COMPONENT MEASURING SYSTEM. Instrumentation which can measure earthborne vibrations in three directions, that is, vibration occurring in a horizontal as well as a vertical plane. TOWER. A ground or roof-mounted pole, spire, structure, or combination thereoftaller 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 ov.'l1ed by public utility or municipally owned utility. (adopted per Z-320) TOWER, RADIO OR TELEVISION TRA,NSMISSION. Any ground-mounted pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, masts, intended primarily for the purpose of mounting a radio or television transmission antenna above ground, 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 CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE TOWER, WIRELESS TELECOMMUNICATIONS. TOWNHOUSE. One or more single-family dwellings with a minimal front and rear yards, and no side yards, arranged side by side, separated by corrunon walls between living areas, each having more 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 uf the Hamillon County Recorder of Deeds and which existed prior to the date ufadoption of this ordinance. (adopted per Z-340) TRUCK STOP. A facility intended to provide services to the trucking industry, including but not iimited to the following activities: dispensing of fuel, repair shops, automated washes, restaurants, and motels; all as part of the facility. (A Glossary of Zoning... pg. 242) TURNAROU1\1D. A space on private property that permits the turning arolmd of any passenger vehicle without the necessity of using any public right-of-way to turn around. TWO-FAMILY DWELLING. See DWELLING, TWO-FAMILY. UNIFIED CENTER. A grouping of businesses or buildings designed to fimction 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, structure 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 the same building as the main use, and incidental to the main use. USE, CONFORMING. A use of a building, land or premises which does conform to all of the applicable provisions of this ordinance. USE, NONCONFORMING ILLEGAL. A use of a building, land or premises existing at the time of the passage of this ordinance which does not confonn to all of the applicable provisions of this ordinance nor those of any ordinance superseded by this ordinance. USE, NONCONFORJ.\1ING 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. VETEIUNARY HOSPITAL WITHOUT KENNEL. See HOSPlTAL, VETERINARY WITHOUT KENNEL. VIBRATION. Oscillatory motion transmitted through the ground. 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 CITY OP CARMEL & eLA Y TOWNSHIP ZONlNG ORDINANCE VISION CLEARANCE ON CORNER LOTS. A triangular space at the street comer of a comer 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 detem1ined by a diagonal line connecting two points measured fifte.en (15) feet equidistant from the Lot corner 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 fom1 other than a liquid, semi-solid or gaseous form, whether contained in any form or object, and which is not hazardous waste as defined in I.e. 13-7-1-2 nor waste which contains any biological, chemical, bacteriological, radioactive or any other contaminant which may be harmful 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 To~nship 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 establishment or place of business primarily engaged in seUing 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/illedical appliance & supply sales. (A Glossary of Zoning... pg 256) WHOLESALING 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) WIRELESS TELECOMMUNICATIONS 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 '12 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 '12 acre, or more, and consisting of thirty percent (30%) or more 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 1,1, acre, or more, and consisting of seventy percent 00%) or more canopy trees having a two and one-half (2 'h) 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) 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 CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE 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 grassandlor 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, tenaces, 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 Line which is lll10ccupied other than by accessory buildings, steps, walks, tenaces, 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 required, 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 of the 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 COnmllssion on September 17, 1996. The Zone Improvement Plan is attached hereto as Exhibit A and made a part hereof. (Section 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, CanneVClay Township, 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-365-0l. Amended per Ordinance No. Z- 369-02; Sb; sc; ~d; se; sf; ~g. Chapter 3: Definitions 3-37 as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02 CITY OF CARMEL & CLA Y TOWNSHIP ZONING ORDINANCE CHAPTER 3:. DEFINITIONS Al\1ENDMENT LOG Ordinance No. Docket No. Council Approval Effective Date Sections Affected Z-320 July II, 1997 July 11, 1997 Z-339 Z-340 Mav 1, 2000 Mav 1, 2000 Z-345 Mav 1, 2000 May 1, 2000 Z-365-01 76-01a OA November 5, 2001 November 27,2001 3.7 Z-369-02 160-01 OA April 1 , 2002 April 1, 2002 3.7 SPring 2002 v2 Z-389-02 32-02 OA September 3, 2002 September 3, 2002 3.7 Summer 2002 vI Chapter 3: Definitions 3-38 as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02; Z-389-02