The following terms shall have the following meanings:
“Abandonment” means the relinquishment of property or a cessation of the use of the property for a continuous period of one (1) year by the owner with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property.
“Above ground utility facility” means permanently located and installed electrical generators, pipeline pumping stations, public wells, telephone exchanges, utility substations, and the like.
Accessory building: See “Accessory structure.”
“Accessory structure” means a structure which:
1. Is subordinate to a primary structure in area, intent, and/or purpose;
2. Contributes to the comfort, convenience, or necessity of occupants of the primary structure or primary use;
3. Does not alter or change the character of the premises;
4. Is located on the same zoning lot as the primary structure or use;
5. Conforms to the setback, height, bulk, lot coverage, and other requirements of the Unified Development Code unless otherwise provided for;
6. May not be constructed prior to the time of construction of the primary structure, unless used for agricultural or personal storage or otherwise specified in the Unified Development Code;
7. Is not designed for human occupancy as a dwelling or commercial use (except for a type 3 home business); and
8. In the case of a wireless support structure, antenna, or other radio or cellular communications or equipment, a subordinate structure detached from but located on the same site, the use of which is incidental and accessory to that of the primary wireless support structure, antenna or other radio or cellular communications equipment.
“Accessory structure, recreation-based” means a detached accessory structure placed on a lot and used for recreation, entertainment and lounging. Examples of recreation-based accessory structures include decks, docks, gazebos, hot tubs, ground-mounted satellite dishes, piers, sport courts, and swimming pools.
“Accessory structure, storage-based” means an accessory structure placed on a lot and used to store, keep, shelter or contain material items. Examples of storage-based accessory structures include barns, boat houses, carports, detached garages, greenhouses, mini-barns, pole structures, swimming pool houses, and sheds.
“Accessory structure, support-based” means a detached accessory structure placed on a lot and used to provide essential services to a primary structure, primary land use, or another accessory structure. Examples of support-based accessory structures include maintenance facility, mechanical structure, freestanding canopy, stand-alone restroom facilities, storage building, enclosed vending, kiosk, or structures used in support of the primary structure.
“ADA” means the Americans with Disabilities Act.
“Adjacent property” means any property adjacent to or directly diagonal to the subject property. Properties across a public right-of-way (ROW) are also considered adjacent. The following illustration notes the properties that would be considered adjacent to two (2) different subject properties.
Administrator: See “Zoning Administrator.”
Advisory Plan Commission: See “Plan Commission, Advisory.”
“Agricultural districts” refers to the A1, A2, A3, and A4 districts.
“Agriculture” means the art or science of cultivating the ground, and raising and harvesting crops, often including feeding, breeding, and management of livestock; tillage; husbandry; farming; in a broader sense, the science and art of the production of plants and animals useful to man, including to a variable extent the preparation of these products for human use and their disposal by marketing or otherwise. In this broad use, it includes farming, horticulture, forestry, and sugar making. It also includes “Raising of farm animals” as defined.
“Airport” means any area which is used or intended to be used for the taking off and landing of aircraft, including helicopters, and any appurtenant areas which are used or intended to be used for airport structures or facilities, including open spaces, taxiways, and tie-down areas.
“Airport compatibility overlay district” refers to the ACO district.
“Animal, exotic” means animals raised and bred healthy and humanely for unique pets or entertainment, or animals rescued from the wild, or from zoos. Exotic animals are primarily securely caged animals. Exotic animals do not include outdoor pets, household pets, or farm animals. Examples of exotic animals include: lions, tigers, wolfs, coyotes, and elephants.
“Animal, farm” means animals raised and bred healthy and humanely for meat, milk or similar food products, or for wool, fur, or similar textiles, or for estrogen or similar chemical or pharmaceutical products. Farm animals are primarily pastured. Farm animals do not include outdoor pets, household pets, or exotic animals. Examples of farm animals include: cows, horses, sheep, pigs, chickens, turkeys, pygmy goats, potbelly pigs, or rabbits.
“Antenna” means any communications equipment that transmits or receives electromagnetic radio signals used in the provision of wireless communications service.
“Applicant” means the owner, owners or legal representative of real estate who makes application to the Plan Commission and/or Board of Zoning Appeals for action by the Plan Commission or Board of Zoning Appeals affecting the real estate owned or represented by the applicant.
“Aquatic life” means an underwater and on-water ecosystem able to sustain fish, frogs, turtles, and aquatic plants.
Arterial, major: See “Street, major arterial.”
Arterial, minor: See “Street, minor arterial.”
“Assisted living facility” means a residential facility where assistance with daily activities, such as taking medicine, dressing, grooming, and bathing, are provided for the aged or infirm, or any other reasonably independent person not in need of nursing care; and which does not contain equipment for surgical care or for treatment of disease or injury, and is not primarily designed for patients being treated for mental illness or alcohol or drug addiction. Assisted living facilities have private rooms that are not shared by nonrelated persons.
ATM: See “Automated teller machine.”
“Attached structure” means a structure that is structurally connected to another structure by a foundation, wall, bridge, or roof line, or appears to be connected. Carports, garages, porch awnings, and the like are considered attached structures and must abide by all regulations pertaining to primary structures.
“Automated teller machine (ATM)” means an electronically operated device used to conduct financial transactions on site, by means of direct computerized access.
“Automobile oriented business (type 1)” means a low intensity business that provides services rendered directly on, to, or for motor vehicles. Vehicle service businesses that meet the characteristics listed in Table A: Limits of Automobile Oriented Businesses. Example businesses may include: accessory installation, glass tinting, or automobile oil change facility. Under no circumstances is an auto salvage business, junk yard, or gas station considered an automobile oriented business.
“Automobile oriented business (type 2)” means a moderate intensity business that provides services rendered directly on, to, or for motor vehicles. Vehicle service businesses that meet the characteristics listed in Table A: Limits of Automobile Oriented Businesses. Example businesses may include: detail shop, tune-up service, or car wash. Under no circumstances is an auto salvage business, junk yard, or gas station considered an automobile oriented business.
“Automobile oriented business (type 3)” means a high intensity business that provides services rendered directly on, to, or for motor vehicles. Vehicle service businesses that meet the characteristics listed in Table A: Limits of Automobile Oriented Businesses. Example businesses may include: semi-tractor repair shop, engine rebuilding, major repair service. Under no circumstances is an auto salvage business, junk yard, or gas station considered an automobile oriented business.
Vehicle Service Business Types
Size/Weight of Vehicles Serviced
Outdoor Storage or Queuing of Vehicles to Be Serviced
Outdoor Storage of Serviced Vehicles
Outdoor Storage of Parts, Equipment, or Waste Products
Percentage of Service Operation Allowed to Be Outdoors
Maximum Height of Outdoor Storage
Hours of Operation
Type 1: Low Intensity
passenger vehicles and light duty trucks
up to 4 operable vehicles
up to 4 operable vehicles
between 7:00 a.m. and 7:00 p.m.
Type 2: Moderate Intensity
passenger vehicles, light duty trucks, and tri-axle trucks
up to 10 operable vehicles and/or four inoperable vehicles
up to 10 operable vehicles
up to 10% of lot area or 3,000 square feet, whichever is more restrictive
up to 20%
up to 6 feet
between 5:00 a.m. and 10:00 p.m.
Type 3: High Intensity
“Automobile repair/service station” means any building or premises used for the dispensing, sale or offering for sale to the public, automobile fuels stored only in underground tanks and located wholly within the lot lines; lubricating oil or grease for the operation of automobiles; and the sale and installation of tires, batteries, other minor accessories, and minor auto repair, but not including a bulk plant, conducting of major auto repairs, automobile wrecking, automobile sales, or automobile washes; provided, however, that the washing of individual automobiles where no chain conveyor is employed may be included.
Average setback: See “Setback, average.”
“Base station” means a station located at a specific site that is authorized to communicate with mobile stations. The term includes all radio transceivers, antennas, coaxial cables, power supplies, and other electronics associated with a station.
“Base zoning district” means the existing zoning district of the subject lot:
•Prior to the approval of a planned development; or
•Prior to the effects of an overlay district.
“Basement” means that portion of a structure below the first or ground floor level and having less than four (4) feet of clearance from its ceiling to the average finished grade of the structure perimeter. A basement shall not be considered a story for the purposes of determining structure height, except when it is used or suitable for habitation.
“Bed and breakfast” means an owner occupied or employee of the owner occupied residence containing no more than six (6) guest rooms for hire, for lodging by prearrangement for periods not to exceed three (3) consecutive weeks, and providing for occasional meals daily (usually breakfast), and not a hotel/motel or boarding house.
“Berm” means a manmade, formed, earth mound of definite height and width used for landscaping and screening purposes, the intent of which is to provide a transition between uses of differing intensity or to screen uses from sight.
“Block” means property abutting on one (1) side of a street and lying between the two (2) nearest intersecting or intercepting streets, intersecting railroad, intersecting waterway or the end of a dead end street.
Board: See “Board of Zoning Appeals.”
“Board of Zoning Appeals” means the Jasper County Board of Zoning Appeals or any division thereof.
“Bond” means any form of security including a cash deposit, surety bond, collateral, property or instrument of credit in an amount and form satisfactory to the Plan Commission. All bonds shall be approved by the Plan Commission wherever a bond is required by the Unified Development Code.
“Broadcast facility” means a place where voice or video programing is prepared, recorded, edited, or broadcast, or where programming is received for editing or re-broadcasting; with on-site wireless support structure, on-site antennas, and/or on-site commercial satellite dishes.
“Broadcast studio” means a place where voice or video programing is prepared, recorded, edited, or broadcast, or where programming is received for editing or re-broadcasting; without on-site wireless support structure, on-site antennas, or on-site commercial satellite dishes greater than five (5) feet in diameter. See “broadcast facility” for broadcast studios with on-site towers, antennas, and/or commercial satellite dishes.
“Buffer area” means an area of land separating two (2) different zones or areas to help each blend more easily with the other, such as a strip of land between industrial and residential areas.
“Buffer landscaping” means any trees, shrubs, walls, fences, berms, space or related landscaping features required under the Unified Development Code for buffering lots from adjacent properties or public rights-of-way for the purpose of increasing visual shielding or other aspects of privacy and/or aesthetics.
“Buffer yard” means an area adjacent to front, side, and rear property lines, measured perpendicularly from adjacent property lines and/or right-of-way lines, intended to provide attractive spaces to reduce the impacts of proposed uses on adjacent property or natural features and to screen incompatible uses from each other and from the right-of-way. Buffers also help to maintain existing trees or natural vegetation, to block or reduce noise, glare or other emissions, and to maintain privacy. Buffer yards are in addition to (separate from) front, rear or side yard setbacks.
Buildable lot: See “Lot, buildable.”
“Building” means a structure having a roof, supported by columns or walls, for the shelter, support, or enclosure of persons, property, or animals; and when separated by division walls from the ground up and without openings, each portion of such building shall be deemed as a separate building.
“Building area” means the horizontal area of the buildings on a lot, measured from the outside exterior walls, excluding open areas or terraces, unenclosed porches or decks, and architectural features that project no more than two (2) feet.
“Building code” means the Indiana Building Code which establishes and controls the standards for constructing all forms of permanent structures and related matters.
Building, detached: See “Detached structure.”
“Building envelope” means the setback lines that establish an area on a lot in which building can occur.
Building height: See “Structure height.”
“Business” means the engaging in the purchase, sale, barter or exchange of goods, wares, merchandise, or services, or the maintenance or operation of offices, recreational or amusement enterprises.
“Business day” means a day other than a Saturday, Sunday, or a legal holiday (as defined in IC 1-1-9-1).
Business districts: See “Commercial districts.”
BZA: See “Board of Zoning Appeals.”
“Cabaret” means a nightclub, theater or other establishment which is licensed to serve food and/or alcoholic beverages which feature live performances by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on sexual conduct or specified anatomical areas.
“Campground” means any site, lot, field or tract of land designed with facilities for short term occupancy by recreational vehicles and other camping equipment but not including mobile homes.
“Car wash” means a structure, or portion of a structure, containing facilities for washing one (1) or more automobiles at any one time, using production line methods such as a chain conveyor, blower, steam cleaning device or other mechanical devices; or providing space, water, equipment or soap for the complete or partial cleaning of such automobiles, whether by operator or by custom.
“Cellular communication equipment” means antennas and other transmitting and/or receiving device or other associated devices used in the provision of telecommunications service.
“Cemetery” means property used for interring of the dead, including any crematory, mausoleum or mortuary operated in conjunction with and on the same property.
“Central sewer system” means a community sewer system including collection and treatment facilities owned and maintained by a governmental unit.
“Central water system” means a community water supply system including existing and new wells and/or surface water sources and intakes, treatment facilities, and distribution lines and includes such of the above facilities established by the developer to serve a new subdivision, or commercial or industrial development.
“Certificate of occupancy” means a certificate stating that the occupancy and use of a building or structure complies with all applicable Unified Development Code provisions.
“Child care home” means an establishment providing nonovernight care, supervision, and protection of children in private residences which is ancillary to the primary use as a residence. A residential structure in which at least six (6) children (not including the children for whom the provider is parent, stepparent, guardian, custodian, or other relative) at any time receive child care from a provider: (a) while unattended by a parent, legal guardian or custodian; (b) for regular compensation; and (c) for more than four (4) hours but less than twenty-four (24) hours in each of ten (10) consecutive days per year, excluding intervening Saturdays, Sundays, and holidays. The term includes class I child care home and class II child care home as defined in IC 12-7-2-33.7 and 12-7-2-33.8.
“Child care institution” means:
•A residential facility that provides child care on a twenty-four (24) hour basis for more than ten (10) children; or
•A residential facility with a capacity of not more than ten (10) children that does not meet the residential structure requirements of a group home; or
•Operates under a license issued under IC 12-17.4; provides for delivery of mental health services that are appropriate to the needs of the individual; and complies with the rules adopted under IC 4-22-2 by the Division of Family and Children. A child care institution does not include a juvenile detention facility.
Children’s home: See “Child care institution.”
Church: See “Place of worship.”
“Clinic” means an establishment in which human patients are admitted for medical or dental study or treatment and in which the services of at least two (2) physicians or dentists are provided.
“Clubhouse” means a structure used in association with a golf course, in which may be locker rooms, golf course administration offices, golf cart storage and maintenance, rest rooms, lounges, meeting space, snack bar, banquet facilities and retail sales of golf related products. Retail sales shall constitute no more than fifteen percent (15%) of the space accessible to public space of the clubhouse.
Collector, major: See “Street, major collector.”
Collector, minor: See “Street, minor collector.”
“Collocation” means the placement or installation of wireless facilities on existing structures that include a wireless facility or wireless support structure, including water towers, and other buildings or structures. The term includes the placement, replacement, or modification of wireless facilities within an approved equipment compound.
“Commercial districts” refers to the LB, GC, and HC districts.
“Commercial solar energy systems (CSES)” means an area of land or other area used by a property owner and/or corporate entity for a solar collection system principally used to capture solar energy, convert it to electrical energy or thermal power, and supply electrical or thermal power, primarily or solely for off-site utility grid use, and consisting of one (1) or more freestanding, ground mounted solar arrays or modules, battery storage facilities, solar related equipment, and ancillary improvements, including substations. CSES are a minimum of ten (10) acres in total area.
“Commercial wireless communications service” means a licensed commercial wireless service, including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar devices that are marketed to the general public.
Commission: See “Plan Commission, Advisory.”
“Community center” means a structure available to the public for community activities, meetings, banquets, projects, gatherings and the like. A community center may be able to be reserved by the public for private parties and events.
“Composting of animal mortalities” means a natural biological decomposition process that takes place in the presence of oxygen (air) and turns dead animal carcasses and other raw organic by-products into biologically stable organic material. The resulting compost pile is an inconsistent mixture that consists of animal mass with large amounts of water, high-nitrogen and low-carbon content, and low-porosity surrounded by a composting material of good porosity, high carbon, low nitrogen, and moderate moisture levels.
“Comprehensive plan” refers to the Jasper County Comprehensive Plan. The plan includes goals, objectives, and action steps for community character, land use, growth management, natural environmental, transportation, and infrastructure. The Comprehensive Plan was developed and adopted by the Plan Commission pursuant to IC 36-7-4-500 Series and includes any part and/or policies separately adopted and any amendment to the plan and/or the policies.
“Condition of approval” means stipulations or provisions set forth by the Board of Zoning Appeals or Plan Commission required as a prerequisite for approval of a petition.
“Condominium” means real estate lawfully subject to IC 32-25 , et seq. (the Condominium Law), by the recording of condominium instruments, in which undivided interests in the common areas and facilities are vested in the condominium unit owners.
“Confined feeding” means the raising of animals for food, fur or recreation in lots, pens, ponds, sheds or buildings, where they are confined, fed, and maintained for at least forty-five (45) days during any year, and where there is no ground cover or vegetation present over at least half of the animals’ confinement area.
“Confined feeding facilities” means any size of confined feeding operation (CFO) including animal barns/sheds, lagoons, waste management facilities, animal mortalities storage facilities, animal mortalities composting facilities, incinerators, feed storage, mechanical equipment, truck maneuvering areas, loading docks, parking lots, medical facilities, air handling systems, accessory facilities, and other essential equipment, structures, and operations.
“Confined feeding, level 1” means any operation located on a lot or a combination of lots in the A1 zoning district involving feeding of animals for pleasure, food, fur, pharmaceutical or other commodity purpose in paved or unpaved feed lots, pens, ponds, sheds, or buildings or structures where animals are confined, fed, and maintained for at least forty-five (45) days during any twelve (12) month period and ground cover or vegetation is not sustained over at least fifty percent (50%) of the animal confinement area with:
•50 or more horses, but less than 150;
•75 or more dairy cattle, but less than 200;
•100 or more cattle or calves (excluding dairy cattle), but less than 300;
•200 or more swine, but less than 600;
•200 or more sheep or lambs, but less than 600;
•500 or more ducks, but less than 1,500;
•3,000 or more turkeys, but less than 16,500; or
•5,000 or more chickens, but less than 30,000.
“Confined feeding, level 2” means any operation located on a lot or a combination of lots in the A3 zoning district involving feeding of animals for pleasure, food, fur, pharmaceutical or other commodity purpose in paved or unpaved feed lots, pens, ponds, sheds, or buildings or structures where animals are confined, fed, and maintained for at least forty-five (45) days during any twelve (12) month period and ground cover or vegetation is not sustained over at least fifty percent (50%) of the animal confinement area with:
•150 or more horses, but less than 300;
•200 or more dairy cattle, but less than 1,500;
•300 or more cattle or calves (excluding dairy cattle), but less than 1,500;
•600 or more swine, but less than 5,000;
•600 or more sheep or lambs, but less than 4,000;
•1,500 or more ducks, but less than 35,000;
•16,500 or more turkeys, but less than 60,000; or
•30,000 or more chickens, but less than 400,000.*
* Note: IDEM begins environmental regulations for confined feeding, either as a CFO or CAFO, at 150 horses, 200 dairy cows, 300 cattle or veil calves, 600 swine, 600 sheep, 1,500 ducks, 16,500 turkeys, or 30,000 chickens.
“Confined feeding, level 3” means any operation located on a lot or a combination of lots in the A3 zoning district involving feeding of animals for food, fur, pharmaceutical or other commodity purpose in paved or unpaved feed lots, pens, ponds, sheds, or buildings or structures where animals are confined, fed, and maintained for at least forty-five (45) days during any twelve (12) month period and ground cover or vegetation is not sustained over at least fifty percent (50%) of the animal confinement area with:
•More than 300 horses;
•More than 1,500 dairy cattle;
•More than 1,500 cattle or calves (excluding dairy cattle);
•More than 5,000 swine;
•More than 4,000 or more sheep or lambs;
•More than 35,000 ducks;
•More than 60,000 turkeys;
•More than 400,000 chickens.
“Conservation club” means a lot and structures owned by a not-for-profit organization with a mission to protect and conserve natural resources, primarily the land which is owned by the conservation club. Although conservation clubs sometimes utilize their property for a shooting range, this land use shall not be inclusive of a shooting range.
“Conservation district” refers to the CO district.
“Construction plan(s)” means the maps or drawings showing the specific location and design of improvements to be installed in accordance with the requirements of the Unified Development Code and the Indiana Building Code as a condition of approval.
“Continuous mound” means a landscape feature used for screening in which a continuous raised section of earth is used to block or partially block visibility from one side to the other. In particular, continuous mounds are linear with a top elevation (crest) relatively consistent from one end to the other.
Corner lot: See “Lot, corner.”
“County” means Jasper County, Indiana.
“County Commissioners” means the Board of Commissioners of the County of Jasper.
“County official” means a County Commissioner, a County Councilor, a Plan Commission member or its staff, a Board of Zoning Appeals member, or an employee of Jasper County.
“Covenants” means private and legal restrictions of various kinds on the usage of lots, typically within a subdivision and applied by the subdivider. In the case of public health, safety and welfare, covenants may be applied by the Plan Commission, that are recorded with the plat and deed. Covenants can also be placed on commercial and industrial developments. Unless specifically agreed to, covenants are not enforceable by the Plan Commission or its designees. However, they are enforceable in civil court by interested or affected parties.
“Cul-de-sac” means a street having one end open to traffic and being permanently terminated by a vehicular turn-around at the other end.
“Dance/night club” means an establishment for entertainment with table seating, stage (or area) for musical performances and floor area designated for dancing.
Day care center: See “Child care center.”
“Deciduous tree” means any tree which sheds its leaves annually followed by regeneration of its foliage in the spring.
“Deck” means an accessory structure which is on the ground or is elevated from ground level and is open to the sky.
“Dedication” means the setting apart of land or interests in land for use by the municipality or public by ordinance, resolution or entry in the official minutes as by the recording of a plat.
“Demolition” means the complete removal or destruction of any structure excluding its foundation.
Design services office: See “Office, design services.”
“Designed fail area” means the area surrounding a tower in which the tower could fall should it fail as structurally designed. The designed fail area is quantified in terms of linear distance from the tower to the perimeter of the designed fail area. The designed fail area shall be certified by a structural engineer.
Detached building: See “Detached structure.”
“Detached structure” means a structure that has no structural connection with the primary structure or any other building or structure.
“Detention pond” means an engineered facility used to temporarily collect storm water and outlet it over a designated period of time or at a specific rate of release.
Developed lot: See “Lot, developed.”
“Developer” means the owner or legal representative of land proposed to be subdivided or residentially/commercially/industrially utilized.
“Development standards” means height, bulk, density, environmental performance standards and other standards for development as set forth in this Unified Development Code, including landscaping, parking and other required improvements, excluding those provisions which specifically regulate the use, per se, of property.
Development standards variance: See “Variance, development standards.”
“District” means areas within Jasper County for which uniform zoning regulations governing use, height, area, size, intensity of use of buildings and land, and open spaces about buildings, are established by the Unified Development Code. Districts are drawn on the official zoning map.
“DNR” means the Indiana Department of Natural Resources.
“Domestic pets” means animals commonly used as household pets, personal protection, companionship, and for assistance to disabled persons. Domestic pets shall include animals that are cared for and treated humanely. Domestic pets shall include, but not be limited to, dogs, cats, parakeets, parrots, finches, lizards, spiders, guinea pigs, hamsters, gerbils, rats, mice, rabbits, aquarium fish, ferrets, and snakes if cared for and used in the manner described above. A domestic pet shall not be considered a farm animal, or vice-versa.
Drive, private: See “Street, private.”
“Drive-through establishment” means a place of business, being operated for the sale and purchase at retail of food and other goods, services or entertainment, which is laid out and equipped so as to allow its patrons to be served or accommodated while remaining in their automobiles.
“Driveway” means a private means of access leading from a street or other thoroughfare to a building, house, garage, etc., that is contained entirely on the lot it serves and is not located on an off-site easement.
“Driveway permit” means a permit issued by the Highway Superintendent for a driveway cut accessing a public street.
“Dumpster” means a trash receptacle larger than 100 gallons in volume used primarily by commercial, institutional, and industrial uses, and construction projects for collection of trash. Generally constructed of durable metal in box shaped vessels and designed to be easily transported off site or emptied.
“Duplex” means a building with two (2) dwelling units attached by common wall and with both dwelling units located on the same lot, thus having one (1) owner of the building and lot. A duplex does not include units created using condominium laws.
“Dwelling” means a building or structure or portion thereof, conforming to all requirements applicable to the district in which it is located, all building codes, and that is used exclusively for residential occupancy, including single-family attached dwelling units, single-family detached dwelling unit, duplexes, manufactured home dwelling, and multiple-family dwelling units, but excluding hotels, motels, and boarding houses.
“Dwelling, manufactured home” means a residential structure that is predominantly constructed in a factory. A manufactured home may either be a mobile home dwelling or a modular home dwelling depending on whether it complies with the applicable definition. A manufactured home dwelling does not include a trailer home dwelling.
“Dwelling, mobile home” means a transportable dwelling unit which is a minimum of eight (8) feet in width and which is built on a permanent foundation or tied down with perimeter skirting when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical system contained therein, and which was manufactured either:
•Prior to June 15, 1976, and bears a seal attached under Indiana Public Law 135, 1971, certifying that it was built in compliance with the standards established by the Indiana Administrative Building Council; or
•Subsequent to or on June 15, 1976, and bears a seal, certifying that it was built in compliance with the Federal Mobile Home Construction and Safety Standards.
“Dwelling, modular home” means a residential structure that is predominantly constructed in a factory and that is transported to the site in two (2) or more sections. A modular home dwelling that complies with the definition for a single-family dwelling shall be considered a single-family dwelling.
“Dwelling, multiple-family” means a residential structure designed to be occupied by four (4) or more families, with the number of families in residence not exceeding the number of dwelling units provided.
Dwelling, single-family: See “Dwelling, single-family attached” or “Dwelling, single-family detached.”
“Dwelling, single-family attached” means a building with two (2) or more dwelling units attached by common wall and with each dwelling unit located on its own lot. Therefore, a common wall rests on the dividing property line.
“Dwelling, single-family detached” means a permanent residence designed and constructed to be occupied by one (1) family and not physically connected to another dwelling unit, either:
1. Recognized by Indiana Building Code as a grandfathered single-family dwelling;
2. Constructed on site in compliance with the Indiana Building Code for single-family dwellings, and which also complies with the following specifications:
a. The minimum width shall be twenty-three (23) feet for at least sixty percent (60%) of its length,
b. The minimum depth shall be twenty-three (23) feet for at least sixty percent (60%) of its length; or
3. Constructed in a factory and bearing a seal certifying that it was built in compliance with the Federal Manufactured Housing Construction and Safety Standards Law (1974 U.S.C. 5401 et seq.), and which also complies with the following specifications:
a. Was constructed after January 1, 1981, and exceeds 950 square feet of occupiable space per IC 36-7-4(d),
b. Is attached to a permanent full-perimeter foundation of concrete or masonry construction constructed in accordance with Indiana Building Code for single-family dwellings,
c. Has the wheels, axles, and towing chassis used to transport the unit to the site removed,
d. Has a pitched roof with a minimum of two (2) vertical units to twelve (12) horizontal units (i.e., 2:12 pitch),
e. The minimum width shall be twenty-three (23) feet for at least sixty percent (60%) of its length, and
f. The minimum depth shall be twenty-three (23) feet for at least sixty percent (60%) of its length.
“Dwelling site” means a site within a manufactured home park with required improvements and utilities, and that is leased for the long-term placement of a modular home dwelling and/or mobile home dwelling. Placement of a trailer home dwelling, recreational vehicle, or camper is not inclusive of the definition for a dwelling site.
“Dwelling size” means the overall square footage of a dwelling unit. The dwelling size does not include a garage, carport, deck, unfinished storage, patio, or open porch.
“Dwelling, trailer home” means a transportable dwelling unit which is either:
•Less than eight (8) feet in width;
•Not built on a permanent foundation or tied down to permanent anchors; or
•Built prior to June 15, 1976, and does not bear a seal certifying that it was built in compliance with the Indiana Building Council standards, per Indiana Public Law 135, 1971.
Dwelling, two-family: See “Dwelling, single-family attached” or “Duplex.”
“Dwelling unit” means a single unit for owner occupancy or for rent/lease, physically separated from any other dwelling units which may be in the same structure, and providing complete and independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, cooking and sanitation. Examples of a dwelling unit include a single-family dwelling, multiple-family dwelling, mobile home dwelling, modular home dwelling, and farmstead.
“Easement” means a grant by a property owner (“grantor”) to specific persons, the general public, corporations, utilities, or others (“grantee” or “easement holder”), for the purpose of providing services or access to the property.
“Electrical transmission tower” means a structure that physically supports high voltage overhead power lines. The term does not include a utility pole.
“EPA” means United States Environmental Protection Agency.
“Equipment compound” means the area that surrounds or is near the base of a wireless support structure and encloses wireless facilities.
“Erosion” means the wearing away of the land surface by water, wind, ice, gravity or other geological agents.
“Existing structure” means a structure which is present, available, or in operation. An existing structure does not include a utility pole or an electrical transmission tower.
Expressway: See “Street, interstate.”
“FAA” means Federal Aviation Administration.
Fair Housing Facility (Large). To prevent the discrimination of mentally or physically disabled persons, these facilities have been identified as types of housing that are permitted in certain districts, but still must meet “nondiscriminatory” health, fire, safety and building regulations. These facilities include:
•Group homes for children in need of service under IC 31-34-1 or children who have committed a delinquent act under IC 31-37-2-2, 31-37-2-3, or 31-37-2-5; and specifically a facility that houses more than ten (10) children.
•Residential facility for the developmentally disabled which provides residential services for more than eight (8) developmentally disabled individuals as described in IC 12-28-4.
Fair Housing Facility (Small). To prevent the discrimination of mentally or physically disabled persons, these facilities have been identified as types of housing that are permitted in any single-family or multiple-family residential zoning districts, but still must meet “nondiscriminatory” health, fire, safety, and building regulations. These facilities include:
•Group homes for children in need of service under IC 31-34-1 or children who have committed a delinquent act under IC 31-37-2-2, 31-37-2-3, or 31-37-2-5; and specifically a facility that houses not more than ten (10) children.
•Residential facility for the developmentally disabled which provides residential services for eight (8) developmentally disabled individuals or less as described in IC 12-28-4.
•Residential facility for the mentally ill which provides residential services for mentally ill individuals as described in IC 12-28-4. No two (2) residential facilities for the mentally ill shall be within 3,000 feet of one another in the planning jurisdiction as stated in Indiana Code.
“Family” means an individual, or two (2) or more persons related by blood, marriage, or adoption, or a group of not more than three (3) persons, not related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit.
Farm animal: See “Animal, farm.”
“Farmstead” means a single-family dwelling unit that is located on and used in connection with a farm.
“FBFM” means flood boundary and floodway map.
“FCC” means United States Federal Communications Commission.
“FEMA” means United States Federal Emergency Management Agency.
“FHBM” means flood hazard boundary map.
Financial services office: See “Office, financial services.”
“FIRM” means Flood Insurance Rate Map.
“Fixture, cutoff” means a luminaire that:
•Projects at least ninety percent (90%) of the total lamp lumens below eighty degrees (80°) from vertical;
•Does not allow more than ten percent (10%) of the total lamp lumens above eighty degrees (80°) from vertical; and
•Does not allow more than two and one-half percent (2.5%) of the total lamp lumens above ninety degrees (90°) from vertical.
“Fixture, noncutoff” means a luminaire with no control of the horizontal distribution of luminance.
“Flood protection grade (FPG)” means the elevation of the regulatory flood plus two (2) feet at any given location in the SFHA.
“Flood, regulatory” means a flood having a peak discharge which can be equaled or exceeded on the average of once in a 100-year period, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resources Commission. Further, this flood is equivalent to a flood having a one percent (1%) probability of occurrence in any given year.
“Floodplain” means the relatively flat area or low land adjoining the channel of a river or stream which has been or may be covered by flood water. The floodplain includes the channel, floodway, and floodway fringe. Floodplain boundaries are to be determined by using the Floodway-Flood Boundary Maps of the Federal Insurance Administration/Federal Emergency Management Administration.
“Floodway, regulatory” means the channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge peak flow of the regulatory flood of any river or stream and is that area covered by floodwaters in significant downstream motion or covered by significant volumes of stored water during the occurrence of the regulatory flood.
“Floor area” means the sum of all horizontal surface areas of all floors of all roofed portions of a building enclosed by and within the surrounding exterior walls or roofs, or to the center line(s) of party walls separating such buildings or portions thereof. The floor area of a building shall exclude exterior open balconies and open porches.
“Floor area, main” means that portion of floor area constructed, completed, and usable for living purposes with normal living facilities which includes sleeping, dining, cooking, working, entertainment, common space linking rooms, areas for personal hygiene, or combination of those areas located on the first (or nearest ground level) floor of the structure. The main floor area of a primary structure does not include a garage, carport, deck, unfinished storage, patio, or open porch.
“Foundation” means the supporting member of a wall or structure.
Freeway: See “Street, interstate.”
“Front building line” means with respect to a building, the foundation line that is nearest the front lot line.
Front lot line: See “Lot line, front (corner lot),” and “Lot line, front (interior lot).”
Front yard: See “Yard, front.”
Frontage: See “Lot frontage.”
“Garage” means an attached or detached structure whose primary use is to house motor vehicles or personal property for the accommodation of related dwelling units or related business establishments.
General services office: See “Office, general services.”
“Geographic information system (GIS)” means a computer system that stores and links nongraphic attributes or geographically referenced data with graphic map features to allow a wide range of information processing and display operations, as well as map production, analysis and modeling.
GFA: See “Gross floor area.”
“Gift shop” means a retail store offering a variety of small gift items, as opposed to stores offering primarily specific lines of merchandise such as toys, clothing, or sporting goods.
GIS: See “Geographic information system (GIS).”
“Glare” means the blinding effect or decrease in visibility caused by a bright light or by viewing a lighting element (e.g., the bulb). Clinically, glare is the contrast-lowering effect of stray light in a visual scene that reduces a person’s ability to see a desired target or direction. Glare is difficult to measure because it impacts each person differently based on age, eye health, anatomy, and eye color. For instance glare is particularly troublesome to persons with cataracts or that have had Lasik correction. Variations in impact include the amount of vision lost, the field-of-vision lost, and duration of recovery.
“Golf course” means an area of terrain on which the game of golf is played during daylight hours. A golf course includes greens, fairways, and natural areas. A golf course may also include a driving range when integrated with the golf course operations and hours.
“Grade, finished” means the average elevation of the finished surface of the ground within ten (10) feet of the structure after final grading.
“Grantee” means a person to whom an interest in property is granted.
“Gross floor area” means the sum of all horizontal floor area of all floors within a structure.
Ground floor area: See “Floor area, main.”
“Group home” means a facility that houses not more than ten (10) children that are either:
•In need of service under IC 31-34-1; or
Group homes are not subject to covenants, deeds or other instruments pertaining to the transfer, sale, lease, or use of property that would permit the residential use of property but prohibit the use of that property as a group home as a matter of State public policy reasons. Group homes cannot be prohibited on the grounds that they are a business, the persons living in a group home are not related, or any other reason. All group homes must abide by IC 12-17.4-5 and shall be a licensed facility with the State, meeting fire codes, building codes, and specific group home regulations.
“Habitable space” means any space in a structure or building that is suitable for living, sleeping, eating or cooking purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, hallways, laundries, storage spaces, utility rooms and similar spaces.
“Hardship” means a practical difficulty with regard to one’s ability to improve land stemming from the application of the development standards of this Unified Development Code, which may or may not be subject to relief by means of variance. In and of themselves, self-imposed situations and claims based on a perceived reduction of or restriction on economic gain shall not be considered hardships. Self-imposed situations include: the purchase of land with actual or constructive knowledge that, for reasons other than physical characteristics of the property, the development standards herein will inhibit the desired improvement; any improvement initiated in violation of the standards of this Unified Development Code; and any result of land division requiring variance from the development standards of this Unified Development Code in order to render that site buildable.
Height: See “Structure height.”
“High impact district” refers to the HI district.
“Hobby farming” means the use of land for purposes, including: dairying, pasturage, apiculture, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry. Processing and storage of harvested produce or other end products shall not be allowed on site. The hobby farming use(s) shall not exceed forty percent (40%) of the land area of the lot and shall abide by all setback regulations. Hobby farming cannot be the primary income source for the owner, operator or household on site. Hobby farming shall not include feed lots, stock yards, or the commercial feeding of garbage or offal to swine or other animals.
“Home business (type 1)” means a business activity conducted completely within a dwelling unit, carried on by any lawful resident of the property and is clearly incidental and secondary to the use of the dwelling for residential purposes. Home business (type 1) uses may include a home office, professional services, internet business, or clergy office and are further listed and regulated in JCC 20.50.360 HB-01 – Type 1 home business standards.
“Home business (type 2)” means a business activity conducted completely within a dwelling unit, carried on by any lawful resident of the property and one (1) employee and is clearly incidental and secondary to the use of the dwelling for residential purposes. Home business (type 2) uses may include domestic crafts, art and music teaching, tutoring, or hair cutting/styling and are further listed and regulated in JCC 20.50.370 HB-02 – Type 2 home business standards.
“Home business (type 3)” means a business activity conducted completely within a dwelling unit and/or an accessory structure, carried on by any lawful resident of the property and his/her employees and is clearly incidental and secondary to the use of the dwelling for residential purposes. Home business (type 3) uses may include assembly of products, automobile repair, landscaping/lawn care business, or light manufacturing and are further listed and regulated in JCC 20.50.380 HB-03 – Type 3 home business standards.
“Hospital” means an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training facilities, medical offices, and staff residences.
“Hotel” means a structure in which temporary lodging or board and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public. Compensation is usually assessed on a day-to-day basis.
Household pets: See “Pets, household.”
“Hub height” means the distance measured from grade to the central axis of the rotors on a horizontal axis wind turbine.
“IAC” means Indiana Administrative Code.
“IC” means Indiana Code.
“IDEM” means Indiana Department of Environmental Management.
“Illuminance” means the total amount of visible light illuminating (incident upon) a point on a surface from all directions above the surface (i.e., how brightly a surface is illuminated). Illuminance is measured in lux.
“Impervious surface” means any material that prevents absorption of stormwater into the ground such as concrete or asphalt. This includes gravel, rock, stone and porous pavers.
“Impervious surface coverage” means the area of a lot occupied by the primary structure, any accessory structures and impervious surface.
Improved lot: See “Lot, buildable.”
“Improvement” means any permanent structure that becomes part of, placed upon, or is affixed to real estate, or any alteration to the land.
“Improvement location permit” means a permit issued under the Unified Development Code prior to receiving a building permit, permitting a person, firm, or corporation to erect, construct, enlarge, alter, repair, move, occupy, use, improve, remove, convert, or demolish any building or structure within its jurisdiction, or permitting a person to change the condition of the land.
“Improvement, off-site” means any premises not located within the area of the property to be subdivided, used, or built upon whether or not in the same ownership of the applicant for subdivision approval.
“Incidental” means a minor occurrence or condition which is customarily associated with a permitted use and is likely to ensue from normal operations.
“Incorporated into the soil” means the injection of sludge, solid waste, waste product and/or wastewater beneath the surface of the soil or the mixing of sludge, solid waste, waste product and/or wastewater with the surface soil.
“INDOT” means Indiana Department of Transportation.
“Industrial district” refers to the CP, I1 and I2 districts.
Industry, heavy: See “Manufacturing, heavy.”
Industry, light: See “Manufacturing, light.”
“Infill lot” means a vacant, buildable lot surrounded on at least three (3) sides by preceding structures. Generally, development on an infill lot is intended to resemble the use, design, architectural features, roof style, massing, and character of buildings on neighboring lots.
“Initial user” means the applicant, person, organization or corporation that originally applies to Jasper County for approval for the installation of an antenna or other radio or cellular communication equipment or for approval for the construction of a wireless support structure or wireless facility.
“Institutional district” refers to the IS district.
Interior lot: See “Lot, interior.”
Interstate: See “Street, interstate.”
“Junk” means an automobile, truck, other motor vehicle, watercraft, large appliances, furniture or like materials which have been damaged to such an extent that they cannot be operated under their own power or used and/or will require major repairs before being made usable. This also includes such a vehicle which does not comply with state or County vehicle licensing or other laws or ordinances.
“Junk yard” means a place, usually outdoors, where waste or discarded used property, including but not limited to automobiles, farm implements and trucks, is accumulated and is or may be salvaged for reuse or resale. This does not include industrial scrap metal or accumulation of organic matter.
Jurisdiction: See “Planning jurisdiction.”
“Juvenile detention facility” means a facility that holds children or minors (typically under 18 years of age) for punishment and/or counseling as a result of sentencing by a court of jurisdiction for criminal or antisocial behavior.
“Kennel, commercial” means a commercial establishment involving boarding, breeding, buying, keeping, training, selling or similar services offered to owners of dogs, cats or other domestic animals. This definition is not inclusive of a veterinarian clinic or home business kennel. Commercial kennels are not inclusive of a residential dwelling unit.
“Kennel, home business” means a home business involving boarding, breeding, buying, keeping, training, selling or similar services offered to owners of dogs, cats or other domestic animals.
Land application: See “Land application operation.”
“Land application operation” means an operation in which sludge, solid waste, waste products or wastewater, generated by industrial, municipal or semi-public facilities, or septage from septic haulers, are disposed of by application upon or incorporation into the soil. The following are not land application operations for purposes of the Unified Development Code and are not subject to the Unified Development Code provisions pertaining to land application operations:
1. A “landfill” as that term is defined at IC 13-11-2-116(b);
2. An “open dump” as that term is defined at IC 13-11-2-146;
3. A “junk yard” as that term is defined in the Unified Development Code;
4. The application or incorporation of manures or animal waste, including the stockpiling of dry manures;
5. The lawful application or incorporation into the soil of commercial fertilizers registered in accordance with IC 15-3-3-4, and herbicides and pesticides registered in accordance with IC 15-3-3.5-5, are not land application operations as defined herein;
6. The application or incorporation into the soil of vegetative matter or compost from composting facilities registered under IC 13-7-35, is not a land application operation as defined herein;
7. The application or incorporation into the soil of vegetative matter, compost or crop residues as fertilizers or soil conditioners as part of a total farm operation is not a land application operation as defined herein;
8. The stockpiling of sludge from an air pollution control facility on the premises of the source facility is not a land application operation as defined herein; provided, that any land application of such sludge in the County outside the facility premises is subject to the special exception requirements of the Unified Development Code.
“Landscape buffer” means a continuous landscaped area designed, maintained and used for screening and separation of uses, lots or structures.
“Landscaping” means the improvements of a lot with grass, shrubs, trees, and other vegetation and/or ornamental objects. Landscaping may include pedestrian walks, flower beds, berms, fountains and other similar natural and manmade objects designed and arranged to produce an aesthetically pleasing effect.
“Legal nonconforming lot of record” means any legally established and recorded lot prior to the effective date of this Unified Development Code, or its subsequent amendments, that no longer meet the lot-specific development standards.
“Legal nonconforming sign” means any sign lawfully existing on the effective date of this Unified Development Code, or amendment thereto, that does not conform to all the standards and regulations of the Unified Development Code.
“Legal nonconforming structure” means any continuously occupied, lawfully established structure prior to the effective date of the Unified Development Code, or its subsequent amendments, that no longer meets the development standards.
“Legal nonconforming use” means any continuous, lawful use of structures, land, or structures and land in combination established prior to the effective date of the Unified Development Code or its subsequent amendments that is no longer a permitted use in the district where it is located.
“Loading dock” means an off-street space for temporary parking of delivery and pickup vehicles.
Local road: See “Street, local.”
“LOMA” means FEMA letter of map amendment.
“LOMR” means FEMA letter of map revision.
“Lot” means a piece, parcel or tract of land designated by its owner or developer to be used, developed or built upon as a unit under single or multiple ownership or control. There are generally three (3) types of lots identified in the Unified Development Code: interior lots, corner lots, and through lots.
“Lot area” means the area of a horizontal plane bounded by the front, side, and rear lot lines, excepting any easement or right-of-way for public streets.
“Lot, buildable” means a lot upon which a structure may be constructed and occupied as a result of the fact that it has frontage on and access to an improved street, meets minimum setback requirements, and has all necessary utilities available to the lot such as septic, sewer, water, well, electricity, etc.
“Lot, corner” means a lot situated at the intersection of two streets or which fronts a street on two (2) or more sides forming an interior angle of less than 135°.
“Lot coverage” means the area of a lot occupied by the primary structure, any accessory structures and impervious surface.
“Lot depth” means the horizontal distance between the front and rear lot lines. (See graphics for “Lot area.”)
“Lot, developed” means a lot with structures situated thereon.
“Lot frontage” means the length of the front lot line bordering upon a public right-of-way. The lot frontage is determined by measuring the total distance in which the front lot line touches a public right-of-way. Lot frontage requirement for a cul-de-sac lot is one-half (½) the distance required for standard lots. The lot frontage requirement for a farmstead in existence prior to the adoption of the ordinance codified in this title is a minimum of ten (10) feet on either side of the existing driveway that serves the farmstead.
Lot, improved: See “Lot, buildable.”
“Lot, interior” means a lot other than a corner lot or a through lot.
“Lot line, front (corner lot)” means the line marking the boundary between the lot and each of the abutting streets.
“Lot line, front (interior or through lot)” means the line marking the boundary between the lot and the abutting street, right-of-way or a lake or watercourse.
“Lot line, rear” means the lot line that is opposite the front lot line and farthest from it, except that for a triangular or other irregularly shaped lot, the line ten (10) feet long, parallel to the front lot line, and wholly within the lot, that is farthest from the lot line. (See graphic for “Lot line, front.”)
“Lot line, side” means a lot boundary line other than a front or rear lot line. (See graphic for “Lot line, front.”)
“Lot of record” means a lot which is a part of a subdivision recorded in the office of the Jasper County Recorder, or a parcel or lot described by metes and bounds, a description of which has been so recorded.
“Lot, subject” means the lot to which an action has been petitioned for or is otherwise being considered for action.
“Lot, through” means a lot fronting on two (2) parallel or approximately parallel streets, or abutting two (2) streets which do not intersect at the boundaries of the lot. Also includes lots fronting on both a street and a watercourse or lake. Accessory structures are allowed in front yards facing watercourses or lakes.
“Lot width” means the distance between the side lot lines as measured on the front setback line. Cul-de-sac and irregular shaped lots shall measure their front lot widths along the front setback line from one side lot line to the other. (See graphic for “Lot area.”)
“Lowest floor” means the lowest elevation described among the following:
•The lowest floor of a structure.
•The basement floor.
•The garage floor, if the garage is connected to the structure.
•The first floor of a structure elevated on pilings or constructed on a crawl space.
•The floor level of an enclosure below an elevated structure where the walls of the following requirements are satisfied:
•The walls are designed to automatically equalize hydrostatic flood forces by allowing for the entry and exit of flood water.
•At least two (2) openings are designed and maintained for the entry and exit of flood water, and these openings provide a total area of at least one (1) square inch for every one (1) square foot of enclosed floor area subject to flooding. The bottom of an opening can be no more than one (1) foot above grade. Doorways and windows do not qualify as openings under this clause.
Main floor area: See “Floor area, main.”
“Management practices” means schedules of activities, prohibitions of practice, treatment requirements, operation and maintenance procedures, use of containment facilities, use of special application or incorporation equipment, more intensive or more highly trained supervision, more intensive monitoring and reporting practices, and other appropriate measures which can be employed by a certified land applicator to prevent and/or remedy pollution of the waters of the County, detrimental impacts on agricultural uses in the County, or nuisance conditions arising therefrom.
“Maneuvering space” means an open space in a parking area which:
•Is immediately adjacent to a parking space;
•Is used for and/or is necessary for turning, backing or driving forward a motor vehicle into such parking space; but
•Is not used for the parking of or storage of motor vehicles.
Manufactured home: See “Dwelling, manufactured home.”
“Manufactured home park” means a parcel of land containing two (2) or more dwelling sites, with required improvements and utilities, that are leased for the long term placement of mobile home dwellings and/or modular home dwellings, and shall include any street used or intended for use as part of the facilities. A manufactured home park does not include the retail sales of mobile home dwellings or modular home dwellings in which unoccupied units are parked for inspection or sale. Placement of a trailer home dwelling, recreational vehicle, or camper is not inclusive of the definition for manufactured home park.
“Manufactured home park district” refers to the MP district.
“Manufacturing, heavy” means the assembly, fabrication or processing of goods and materials using processes that ordinarily have greater than minimal impacts on the environment, or that otherwise do not constitute light manufacturing, and which may include open uses and outdoor storage. Heavy manufacturing generally includes processing and fabrication of products made from extracted or raw materials. Heavy manufacturing shall not include any use that is otherwise listed specifically in any zoning district as a permitted use or special exception.
“Manufacturing, light” means the assembly, fabrication or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare or health or safety hazards outside of the structure or lot where such assembly, fabrication, or processing of goods are housed entirely within an enclosed building. Light manufacturing generally includes processing and fabrication of finished products predominantly from previously prepared materials. Light manufacturing shall not include any use that is otherwise listed specifically in any zoning district as a permitted use or special exception.
“Marker (survey)” means a stake, pipe, rod, nail, or any other object which is not intended to be a permanent point for record purposes.
“Massage parlor” means any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations; electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct, or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.
“Massage therapist” means a person licensed by the State of Indiana and certified by the National Certification Board for Therapeutic Massage and Bodywork, or the American Massage Therapy Association, or under the direct supervision of a licensed physician.
Master plan: See “Comprehensive plan.”
“Materials recycling (type 1)” means material recycling operations that meet the characteristics listed in Table B: Features of Material Recycling Uses. Example operations may include: cloth/rag or electronics recycling.
“Materials recycling (type 2)” means material recycling operations that meet the characteristics listed in Table B: Features of Material Recycling Uses. Example operations may include: pelletizing waste drywall or pelletizing waste plastic.
“Materials recycling (type 3)” means material recycling operations that meet the characteristics listed in Table B: Features of Material Recycling Uses. Example operations may include: scrap metal yards, outdoor metal grinders, or pallet shredding.
Material Recycling Types
Heavy Vehicle Trips per Week (loads over 40,000 lbs)
Outdoor Storage of Materials to Be Recycled
Outdoor Storage of Final Recycled Product
Height of Any Outdoor Storage
Percentage of Recycling Process Allowed to Be Outdoors
Outdoor Grinders or Shredders
Hours of Operation
Type 1: Low Intensity
20 trips in and/or out
up to 10% of lot area or ½ acre, whichever is more restrictive
no greater than 8 feet in height
between 6:00 a.m. and 7:00 p.m.
Type 2: Moderate Intensity
60 trips in and/or out
up to 15% of lot area or ½ acre, whichever is more restrictive
up to 30% of lot area or 2 acres, whichever is more restrictive
no greater than 12 feet in height
up to 20%
between 5:00 a.m. and 10:00 p.m.
Type 3: High Intensity
“Maximum lot coverage” means the highest amount of impervious surface coverage permitted by the Unified Development Code.
Medical office: See “Office, medical.”
“Meteorological tower” means a tower that hosts weather instrumentation to evaluate meteorological conditions.
Mini warehouse: See “Warehouse storage facility.”
“Mining” means a land use involving the extraction of rock, sand, minerals, fossil fuel, or other raw material from the earth.
Mobile home: See “Dwelling, mobile home.”
“Monument (survey)” means a permanent physical structure which marks the location of a corner or other survey point.
“Motel” means an establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot, and designed for use by transient automobile travelers. A motel furnishes customary services such as maid service and laundering of linen, telephone, secretarial, or desk service, and the use and upkeep of furniture.
Motor home: See “Recreational vehicle.”
“Motor vehicle” means any passenger vehicle, truck, tractor, tractor-trailer, truck-trailer, trailer, boat, recreational vehicle, semitrailer, or any other vehicle propelled or drawn by mechanical power.
“Mound” means a landscape feature used for screening in which earth is piled up in irregular, round or oblong shapes. Particularly, mounds do not have consistent crest elevations, but are irregular in form and overlapping such to emulate a more natural landscape feature. Mounds in combination with other landscape material are used to block or partially block visibility from one side to the other.
“Multiple-family districts” refers to the M1 and M2 districts.
Mural: See “Sign, mural.”
“Nacelle” means a housing, cover, or structure that surrounds a generator and its mechanical and electrical components, typically associated with a wind turbine.
“NFIP” means the National Flood Insurance Program.
“Noise sensitive land use” means the use of a structure for a purpose that would be adversely impacted by noise associated with nearby aircraft operations including aircraft overflights. Noise sensitive land uses include but are not limited to residences, schools, churches, child care facilities, medical facilities, retirement homes and nursing homes.
Nonconforming building: See “Nonconforming structure.”
“Nonconforming lot of record” means a lot which was created such that it does not conform to the regulations of the district in which it is located.
“Nonconforming sign” means a sign or portion thereof, which was designed, erected, or structurally altered such that it does not conform to the regulations of the district in which it is located.
“Nonconforming structure” means a building, structure, or portion thereof, which was designed, erected, or structurally altered such that it does not conform to the regulations of the district in which it is located.
“Nonconforming use” means a use which does not conform with the use regulations of the district in which it is located.
“Nursing home” means a private home for the care of the aged or infirm, or any other person in need of nursing care; and which does not contain equipment for surgical care or for treatment of disease or injury, and is not primarily designed for patients being treated for mental illness or alcohol or drug addiction.
“Office” means a place in which business, professional and/or clerical activities are conducted. Offices shall include medical offices, government offices and office functions which serve other off-site land uses.
“Office, construction trade” means electrical contractor, general contractor, heating and cooling contractor, landscaping contractor, plumbing contractor office and the like.
“Office, design services” means architecture firm, engineering firm, graphic design firm, planning firm and the like.
“Office, financial services” means accounting office, bank or credit union, investment firm and the like. Check cashing and quick loan establishments are not considered a financial services office.
“Office, general services” means employment service, insurance office, law office, membership association, publishing corporate office, reading clinic, real estate office, secretarial service, service organization, temporary service agency, title company, trade office, travel agency and the like.
“Office, medical” means emergency medical clinic, dental clinic, medical clinic, optical clinic, rehabilitation clinic, veterinarian clinic/hospital and the like.
“Official zoning map” means a map of Jasper County that legally denotes the boundaries of zoning districts as they apply to the properties within the planning jurisdiction. There is only one official zoning map, and it is kept up to date by the Plan Commission and the Zoning Administrator.
“Official zoning map copies” means a map of Jasper County that legally denotes the boundaries of zoning districts as they apply to the properties within the planning jurisdiction. These maps may be out of date.
Off-site improvement: See “Improvement, off-site.”
“Open space” means an area of land not covered by buildings, structures, parking structures or accessory uses except for recreational structures. Open space may include nature areas, streams, floodplains, meadows or open fields containing baseball fields, football fields, soccer fields, golf courses, swimming pools, bicycle paths, etc. Open space does not include street rights-of-way, platted lot area, private yard, patio areas, or land scheduled for future development.
“OSHA” means Occupational Safety and Health Administration.
Outdoor pets: See “Pets, outdoor.”
Outdoor storage: See “Storage, outdoor.”
“Owner” means any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations, or their legal representative.
Parcel: See “Lot.”
“Parent tract” means a lot of record as recorded on the effective date of this Unified Development Code.
“Park, neighborhood” means a subdivision amenity that consists of a parcel of land for public passive and active recreation.
“Park, public” means a parcel of land available to the public for passive and active recreation and is maintained and governed by Jasper County.
“Parking, required” means the minimum number of off-street parking spaces specified for a particular use or uses by the Unified Development Code.
“Parking space” means space within a public or private parking area for the storage of one (1) passenger automobile or commercial vehicle under a one and one-half (1½) ton capacity.
“Pasture crops” means crops such as legumes, grasses, grain stubble, stover and fodder which are consumed by animals while grazing.
“Paved” means a durable surface for parking, driving, riding or similar activities that utilizes asphalt, concrete, brick, paving blocks or similar material. Crushed gravel, stone, rock, or dirt, sand or grass are not permitted as a paved surface.
“Performance bond” means an amount of money or other negotiable security paid by the subdivider, developer, or property owner or his/her surety to Jasper County which guarantees that the subdivider will perform all actions required by Jasper County regarding an approved plat or in other situations as stated in the Unified Development Code and/or as deemed by the Zoning Administrator that provides that if the subdivider, developer, or property owner defaults and fails to comply with the provisions of his/her approval, the subdivider, developer, or property owner or his/her surety will pay damages up to the limit of the bond, or the surety will itself complete the requirements of the approval.
“Permanent foundation” means a structural system for transposing loads from a structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of the supporting soil.
“Permanent perimeter enclosure” means a permanent perimeter structural system completely enclosing the space between the floor joists of the home and the ground, except for the necessary openings, constructed in accordance with the One- and Two-Family Dwelling Code.
Permitted use: See “Use, permitted.”
“Person” means a corporation, firm, partnership, association, organization, unit of government, or any other group that acts as a unit, as well as a natural person.
“Personal service” means an establishment, other than an office, in which services other than health care are rendered to consumers on an individual basis, such as barber shops and beauty parlors.
“Pets, household” means domestic pets maintained healthy and humanely within the confines of the dwelling unit. Household pets includes hobby breeding of domestic animals as long as the frequency of breeding is limited to one (1) litter per year per household. Household pets do not include outdoor pets, farm animals, pygmy goats, potbelly pigs, or rabbits. Examples of household pets include: dogs, cats, mice, snakes, hamsters, ferrets, and birds.
“Pets, outdoor” means domestic pets maintained healthy and humanely within the confines of the lot. Outdoor pets includes hobby breeding of domestic animals as long as the frequency of breeding is limited to one (1) litter per year per household. Outdoor pets do not include farm animals, rabbits, mice, snakes, hamsters, ferrets, or birds. Examples of outdoor pets include: dogs and cats.
“Place of worship” means buildings, outdoor structures, and outdoor spaces used for public worship (e.g., church, temple, or mosque).
“Plan Commission, Advisory” means a plan commission serving a single local government jurisdiction established as defined under IC 36-7-1-2 (1983) as amended. The Jasper County Plan Commission is an Advisory Plan Commission.
“Planned development” means a large-scale unified development meeting the requirements for zoning approval under the provisions of Chapter 20.40 JCC, Planned Development (PD) District. Generally a planned development consists of a parcel or parcels of land, controlled by a single landowner, to be developed as a single entity which does not correspond in size of lots, bulk or type of buildings, density, lot coverage, and required open space to the regulations established in any district of the Unified Development Code. This may result in more attractive and affordable development than conventional developments would allow. Clustered housing (dwellings built in innovative lot arrangements around common open space) and zero lot line housing (dwellings built immediately adjacent to lot lines) are possible as part of planned developments. A planned development requires approval through a zoning map amendment.
Planning Director: See “Zoning Administrator.”
“Planning jurisdiction” means Jasper County and the contiguous unincorporated area over which the County exercises planning and zoning authority.
“Planning staff” means the Zoning Administrator and all employees of the Plan Commission of Jasper County under the supervision of the Zoning Administrator and subject to the authority of the Zoning Administrator.
“Plat” means a map or chart that shows a division of land and/or the layout for subdivisions that is intended to be filed for record.
“Plat amendment” means a change in a recorded subdivision plat if such change affects any street layout or area reserved thereon for public use or any lot line or easement; or if it affects any map or plan legally recorded.
“Plat, primary,” pursuant to IC 36-7-4-700 Series, is the plat and plans upon which the approval of a proposed subdivision are based. The primary plat and plans shall be subject to public notice and public hearing according to law and according to Plan Commission rules. (Under former state statutes, the primary plat was referred to as a “preliminary” plat.)
“Plat, secondary,” pursuant to IC 36-7-4-700 Series, is the final plat document in recordable form. A secondary plat shall substantially conform with the preceding primary plat, or section thereof. The secondary plat and plans are not subject to public notices and public hearings.
Pool, swimming: See “Swimming pool.”
“Porch” means a roofed-over structure projecting out from the wall or walls of a main structure and commonly open to the weather in part.
“Power generation facility” means a facility used to generate electrical power such as a wind power facility or solar power facility.
“Practical difficulty” means a difficulty with regard to one’s ability to improve land stemming from regulations of this Unified Development Code. A practical difficulty is not a “hardship,” rather it is a situation where the owner could comply with the regulations within this Unified Development Code, but would like a variance from the development standards to improve his site in a practical manner. For instance, a person may request a variance from a side yard setback due to a large tree which is blocking the only location that would meet the development standards for a new garage location.
Primary arterial: See “Street, major arterial.”
Primary plat: See “Plat, primary.”
“Primary structure” means the structure in which the primary use of the lot or premises is located or conducted; with respect to residential uses, the primary structure shall be the main dwelling.
Primary use: See “Use, primary.”
Principal use: See “Use, primary.”
“Private residential solar energy systems (PRSES)” means an area of land or other area used for a solar collection system principally used to capture solar energy, convert it to electrical energy or thermal power, and supply electrical or thermal power, primarily or solely for on-site residential use, and consisting of one (1) or more freestanding, ground or roof mounted solar arrays or modules, or solar related equipment, intended to primarily reduce on-site consumption of utility power and/or fuels. PRSES shall be permitted in all zoning districts and shall be treated as accessory structures in each zoning district in which they are erected. The maximum size of PRSES is limited to the maximum size allowed for an accessory structure in each zoning district (other accessory structures shall not be included in maximum size calculations).
Private street: See “Street, private.”
“Prohibited use” means a use that is not permitted under any circumstances.
“Public improvements” means any storm drainage facility, street, highway, parkway, sidewalk, pedestrian-way, tree lawn, off-street parking area, lot improvement, utility, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.
“Public place” means any area on public or private property that is easily accessible and clearly visible to the general public. If located on private property, the area must be open to the general public and clearly visible from adjacent public property such as a street or other public thoroughfare or sidewalk.
“Public/private parking area” means a group of parking spaces in an open area not including any part of a street designed or used for temporary parking of motor vehicles.
Public street: See “Street, public.”
Public utility: See “Utility, public.”
“Public way” means highways, streets, avenues, boulevards, lanes, or alleys.
“Radio/TV station” means the broadcast building for the production of radio and television programing, not to include any wireless support structures.
“Raising of farm animals” means feeding of animals for pleasure, food, fur, pharmaceutical, or other commodity purpose. Raising of farm animals includes confined feeding where the maximum number of animals does not exceed:
•74 dairy cattle;
•99 cattle or veal calves (excluding dairy cattle);
•199 sheep or lambs;
•2;999 turkeys; or
Raising of farm animals does not include confined feeding, level 1; confined feeding, level 2; or confined feeding, level 3 as defined.
Any number of pastured animals are permitted as long as they are confined, fed, and maintained for less than forty-five (45) days during any twelve (12) month period and as long as vegetated cover is managed and maintained in pasture areas.
Rear lot line: See “Lot line, rear.”
Rear yard: See “Yard, rear.”
“Recreation center/play center” means an enclosed structure containing recreational facilities, such as a tennis court, swimming pool, and/or gymnasium. This shall not include outdoor amphitheaters, tennis courts or swimming pools.
“Recreational vehicle” means a vehicular-type portable structure without permanent foundation that can be towed, hauled, or driven and primarily designed as a temporary living accommodation for recreational, camping, and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, boats, and self-propelled motor homes. A recreational vehicle shall not be used as living quarters.
“Recreational vehicle park” means any commercially zoned site, lot, field, or tract of land under single ownership, or ownership of two (2) or more people, designed with facilities for short term occupancy for recreational vehicles only.
Recycling collection point: To be defined.
“Registered/licensed land surveyor” means a land surveyor properly licensed and registered or through reciprocity permitted to practice in the State of Indiana.
“Registered professional engineer” means an engineer properly licensed and registered or through reciprocity permitted to practice in the State of Indiana.
Regulatory flood: See “Flood, regulatory.”
Regulatory floodway: See “Floodway, regulatory.”
“Residential districts” refers to the R1 and R2 districts.
“Residential facility for the developmentally disabled (large)” means a residential facility which provides residential services for more than eight (8) developmentally disabled individuals as described in IC 12-28-4.
“Residential facility for the developmentally disabled (small)” means a residential facility which provides residential services for eight (8) or less developmentally disabled individuals as described in IC 12-28-4.
“Residential facility for the mentally ill” means a residential facility which provides residential services for mentally ill individuals as described in IC 12-28-4. No two (2) residential facilities for the mentally ill shall be within 3,000 feet of one another in the planning jurisdiction as stated in Indiana Code.
Responsible Party: For purposes of issuing notice of violation, the following persons shall be considered responsible parties, with liability for fines and responsibility for remedy of the violation: the property owner(s); persons with any possessory interest in the property, and/or any persons and/or their agents who have caused the violation. Any owner, tenant, builder, developer, possessor of interest, architect, designer, property manager, equipment operator known or suspected to be responsible in part or in whole for a violation of the Unified Development Code.
“Restaurant” means an establishment whose use is the selling of food in a ready-to-consume state, in individual servings, in which the customer consumes these foods while seated at tables or counters located in or immediately adjacent to the building in which the use is located, and which may include carry-out service. “Restaurant” shall include that portion of any establishment which sells prepared food, such as a bakery or a delicatessen, and which is used for seating for the consumption of food on the premises. (See also “Drive-through establishment.”)
“Retail, agriculture related” means retail uses that primarily provide products to farmers and agricultural uses, including, but not limited to farm equipment sales, seed sales, fertilizer sales, part sales for farm equipment, farm building materials and repair products, and tack shop.
“Retail (type 1) very low intensity” means retail uses that meet all characteristics listed in Table C: Limits of Retail Uses.
“Retail (type 2) low intensity” means retail uses that meet all characteristics listed in Table C: Limits of Retail Uses.
“Retail (type 3) medium intensity” means retail uses that meet all characteristics listed in Table C: Limits of Retail Uses.
Vehicle per Day (Max.)
Retail Floor Area (Max.)
Outdoor Display of Merchandise (Max.)
Frequency of Dumpster Emptying (Max.)
Hours of Operation (Max.)
Sexually Oriented Retail Sales (Max.)
Type 1: Very Low Intensity
5,000 sq. ft.
2% of retail floor area or 50 square feet whichever is more restrictive
1 per week or use of residential service
open between 5:00 a.m. and 9:00 p.m.
Type 2: Low Intensity
10,000 sq. ft.
5% of retail floor area or 200 square feet whichever is more restrictive
2 per week
open between 5:00 a.m. and 10:00 p.m.
Type 3: Moderate Intensity
50,000 sq. ft.
10% of retail floor area or 400 square feet whichever is more restrictive
1 per day
open between 5:00 a.m. and 11:00 p.m.
up to 2% of retail floor area or 2% of gross revenue whichever is more restrictive
“Retention pond” means a facility used to indefinitely hold water, like a natural pond, and concurrently used to temporarily collect storm water and outlet it over a designated period of time or at a specific rate of release.
“Retirement community” means an age-restricted development, which may include detached and attached dwelling units and apartments.
“Right-of-way” means a strip of land occupied or intended to be occupied by transportation facilities, public utilities, or other special public uses. Rights-of-way intended for any use involving maintenance by a public agency shall be dedicated to the public use by the maker of the plat on which such right-of-way is established.
ROW: See “Right-of-way.”
Road: See “Street.”
“Satellite dish/antenna” means an apparatus capable of receiving communications from a transmitter relay located in a planetary orbit, or broadcast signals from transmitting towers.
“School” means a public or private institution which offers instruction in any of the branches of learning and study comparable to that taught in the public schools under the Indiana School Laws, including pre-kindergarten, kindergarten, elementary school, and junior and senior high schools, but excluding trade, business, or commercial schools.
“School, trade, business or commercial” means an educational facility which offers instruction specific to a trade, business or commercial practice.
“Scrap metal yard” means a general industrial use established independent or ancillary to and connected with another general industrial use, which is concerned exclusively in new and salvaged metal pipes, wire, beams, angles, rods, machinery, parts, filings, clippings, and/or all other metal items of every type, and which acquires such items incidental to its connection with the other general industrial use or by purchase, consignment or bailment which stores, grades, processes, melts, cuts, dismantles, compresses, cleans, or in any way prepares said items for reuse by the connected other general industrial use or for storage, sale or shipment and/or use in other industries or businesses including open hearth, electric furnaces and foundry operations. Such an establishment shall not include junk yards, dumps, or automobile or other vehicle graveyards.
Secondary plat: See “Plat, secondary.”
“Septage” means the liquid and solid material pumped from a septic tank, cesspool, or similar domestic or industrial on-site sewage treatment system, or from a holding tank for such liquid and solid material, when the system is cleaned or maintained.
“Setback” means the minimum horizontal distance between the building line and a lot line. Or in a case where the property runs to the centerline of the street, the minimum horizontal distance between the building line and the right-of-way as proposed in the Jasper County thoroughfare plan.
“Setback, average” means an average of the front yard setbacks of structures on either side of the subject property. If the average setback encroaches into the right-of-way, permission is not required from the Board of Zoning Appeals. If the subject property is a corner lot, the average of the front yard setback of structures adjacent to the subject property, along with the front yard setback of structures directly across the street of the subject property must be used.
“Sexually oriented materials” means materials including still or motion pictures, books, magazines, other periodicals, or other depiction recorded on paper, electronic, digital, video, magnetic or other media, which are distinguished or characterized by their emphasis on matter depicting, describing or relating “specified sexual activities” or “specific anatomical areas”; or, instruments, devices, or paraphernalia either designed as a representation of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.
“Sexually oriented entertainment business” means an establishment which regularly offers live entertainment, lingerie or nude modeling, presentation of motion pictures, or publications by any photographic, electronic, digital, magnetic or other media which are distinguished or characterized by their emphasis on matter depicting, describing or relating “specified sexual activities” or “specific anatomical areas”; or, offers massage therapy or body work (not including when performed by a licensed massage therapist); or, advertises or holds itself in any forum as “XXX,” “adult” or “sex.” This also includes businesses, clubs, organizations, or associations that organize or plan sex engagements or adult oriented entertainment with two (2) or more persons (e.g., swingers clubs or fetish clubs).
“Sexually oriented retail business” means an establishment with at least ten percent (10%) of its stock in trade or gross floor area devoted to the sale, rental, or display of sexually oriented materials. Or an establishment which advertises or holds itself in any forum as “XXX,” “adult” or “sex,” or which has stock in trade or floor area devoted to the sale, rental, or display of sexually oriented materials.
“Sexually oriented retail business, accessory” means an establishment with at least five percent (5%) but less than thirty percent (30%) of its stock in trade or gross floor area devoted to the sale, rental, or display of sexually oriented materials.
“SFHA” means special flood hazard area.
“Shooting range” means an outdoor area or indoor space designed and used for discharging firearms safely; primarily for sport, maintaining proficiency, and training.
“Shooting range (indoor)” means a shooting range fully contained within a building.
“Shooting range (outdoor)” means a shooting range which is not fully contained within a building.
Side lot line: See “Lot line, side.”
Side yard: See “Yard, side.”
“Sign” means any name, identification, description, display, or illustration which is affixed to, painted on, or is represented directly or indirectly upon a building, structure, or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization, or business.
“Sign area” means the entire area within a single continuous perimeter enclosing the extreme limits of a sign, including all background area figures and letters. However, such perimeter shall not include any structural elements lying outside the limits of the sign which are not part of the information, visual attraction or symbolism of the sign.
“Sign face” means the surface intended for the display of information on the sign.
“Sign, flashing” means any illuminated sign which exhibits changing light or color effects.
“Sign, ground” means a sign in which the bottom edge of the sign is permanently affixed to the ground. A monument sign is another name for a ground sign. (See graphic for “Sign.”)
“Sign, illuminated” means a sign which has characters, letters, figures, designs, or outline illuminated by electric lights or luminous tubes as a part of the sign proper, or which is illuminated by reflectors.
“Sign, monument” means a sign permanently attached to the ground, and not attached to any part of a building, which is erected in a manner so that no views are possible underneath the bottom edge of the sign surface.
“Sign, mural” means a sign painted onto the side of a building, wall, ground, or structure. A mural sign is regulated as a wall sign in the Unified Development Code. (See graphic for “Sign.”)
Sign, nonconforming: See “Nonconforming sign.”
“Sign, permanent” means a sign that is designed or intended to be used indefinitely, or used indefinitely without change in the same state or place.
“Sign, pole” means a sign that is supported by one (1) or more poles, posts, or braces upon the ground, not attached to or supported by any building, with a clear space in excess of six (6) feet from the finished grade to the bottom of the sign face. (See graphic for “Sign.”)
“Sign, portable” means any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu or sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in normal day-to-day operations of the business. (See graphic for “Sign.”)
“Sign, projecting” means any sign other than a wall sign affixed to any structure or wall whose leading edge extends beyond such structure or wall. (See graphic for “Sign.”)
“Sign, roof” means a sign which is erected, constructed, and maintained above any portion of the roof. (See graphic for “Sign.”)
Sign surface: See “Sign face.”
“Sign, temporary” means an advertising device not fixed to a permanent foundation or vehicle, for the purpose of conveying information, knowledge, or ideas to the public.
“Sign, vehicle” means a sign on a vehicle not customarily and regularly used to transport persons or properties and parked or placed so that the sign is visible from a public street or right-of-way and also parked primarily for the purpose of displaying the sign.
“Sign, wall” means a sign attached to and/or integral with exterior wall or window surface of a building, the face of which is parallel to the surface and which does not project more than nine (9) inches from the surface. (See graphic for “Sign.”)
“Site plan” means a map of a site, drawn accurately to scale, showing existing and proposed features of the site including but not limited to buildings, and other structures, circulation, grading, trees, and landscaping, sufficient for review. A site plan shall serve as the development plan regulated by IC 36-7-4-1400.
“Small cell facility” means either a:
1. Personal wireless service facility (as defined by the Federal Telecommunications Act of 1996 as in effect on July 1, 2015); or
2. Wireless service facility that satisfies the following requirements:
a. Each antenna, including exposed elements, has a volume of three (3) cubic feet or less.
b. All antennas, including exposed elements, have a total volume of six (6) cubic feet or less.
c. The primary equipment enclosure located with the facility has a volume of seventeen (17) cubic feet or less.
For purposes of subsection (2)(c) of this definition, the volume of the primary equipment enclosure does not include the following equipment that is located outside the primary equipment enclosure: electric meters; concealment equipment; telecommunications demarcation boxes; ground-based enclosures; back up power systems; grounding equipment; power transfer switches; and cut off switches.
“Small cell network” means a collection of interrelated small cell facilities designed to deliver wireless service.
“Solid waste” means any garbage, refuse, sludge from a waste treatment plant, sludge from a water supply treatment plant, sludge from an air pollution control facility, or other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining, or agricultural operations; or from community activities. However, the term “solid waste” does not include:
1. Solid or dissolved material in domestic sewage at the point of discharge or before being processed by a sewage treatment works;
2. Dissolved materials in irrigation return flows or industrial discharges, which are point sources subject to permits under Section 402 of the Federal Water Pollution Control Act Amendments (33 U.S.C. 1342);
4. Manures or crop residues returned to the soil at the point of generation as fertilizers or as soil conditioners as part of a total farm operation; or
5. Vegetative matter at composting facilities registered under IC 13-7-35.
“Special exception” means the authorization of a use that is designated as such by this Unified Development Code as being permitted in the district concerned if it meets special conditions, is found to be appropriate and, upon application, is specifically authorized by the Board of Zoning Appeals. A special exception is regulated by IC 36-7-4-900.
“State” means the State of Indiana.
“Static message” means any changeable copy on a sign which is not changed more frequently than once every one (1) hour on any given day.
“Storage, outdoor” means the outdoor accumulation of goods, junk, motor vehicles, equipment, products or materials for permanent or temporary holding.
“Story” means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding fourteen (14) feet in height shall be considered as an additional story for each fourteen (14) feet or fraction thereof.
“Street” means any vehicular right-of-way that is:
•An existing State, County, or municipal roadway;
•Shown upon a plat approved pursuant to law;
•Approved by other official action; or
•Shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Plan Commission and the grant to such Plan Commission to review plats; includes the land between the street lines, whether improved or unimproved.
“Street, interstate” means a divided highway with significant access control that facilitates the movement of traffic from one region to another.
“Street, major arterial” means a road with access control, no parking outside urban areas, and that conveys traffic across the County. State and federal highways are generally considered major arterials.
“Street, local” means a road designed primarily to provide access to residential or farm properties.
“Street, major collector” means a road designed to facilitate the collection of traffic from minor collectors. A major collector can provide circulation within commercial areas and convenient access from neighborhoods to arterials.
“Street, minor arterial” means a road with access control, no parking in urban areas, and that conveys traffic to and from collector streets. Some low volume State highways and some heavily traveled County roads are considered minor arterials.
“Street, minor collector” means a road designed to facilitate the collection of traffic from local streets. A collector can provide circulation within commercial areas and convenient access from neighborhoods to major collectors.
“Street, private” means vehicular streets and driveways, paved or unpaved, that are maintained by the owner(s) and that are wholly within private property except where they intersect with other streets within public rights-of-way.
“Street, public” means all property dedicated or intended for public highway, expressway, or roadway purpose or subject to public easements therefor.
“Street, unpaved” means a local road with an unpaved surface designed to provide access to minimally developed areas.
“Structural alteration” means any change in the supporting members of a building or structure such as bearing walls, partitions, columns, beams or girders, or any change in the footprint or increase in the size of living space. Also, substantial roofing and siding work when repairs are made to the structure beneath.
“Structure” means anything constructed or erected which requires location on the ground or attachment to something having a location on the ground, including but not limited to buildings, sheds, detached garages, manufactured homes, above-ground storage tanks, freestanding signs and other similar items.
“Structure height” means the vertical distance measured from the lot ground level to the highest point of the roof.
“Studio arts” means karate studio, dance studio, art studio and the like.
“Subdivision” means the division of a parent tract or other piece of land into two (2) or more buildable lots, or the combination of two (2) or more lots into one (1) buildable lot utilizing the subdivision regulations and process in the Jasper County Unified Development Code. Quit claim deeds and recorded divisions of land shall not be considered a subdivision resulting in buildable lots.
Subject lot: See “Lot, subject.”
“Substantial modification of a wireless support structure” means the mounting of a wireless facility on a wireless support structure in a manner that either:
1. Increases the height of the wireless support structure by ten percent (10%) of the original height of the wireless support structure, or twenty (20) feet, whichever is greater;
2. Adds an appurtenance to the wireless support structure that protrudes horizontally from the wireless support structure more than twenty (20) feet, or the width of the wireless support structure at the location of the appurtenance, whichever is greater; or
3. Increases the square footage of the equipment compound in which the wireless facility is located by more than two thousand five hundred (2,500) square feet.
However, notwithstanding subsections (1), (2), and (3) of this definition, the term does not include any of the following:
a. Increasing the height of a wireless support structure to avoid interfering with an existing antenna.
b. Increasing the diameter or area of a wireless support structure to shelter an antenna from inclement weather, or to connect an antenna to the wireless support structure by cable.
c. Any modification of a wireless support structure or base station that involves only collocation, removal of transmission equipment, or replacement of transmission equipment.
“Swimming pool” means a self-contained body of water at least eighteen (18) inches deep and eight (8) feet in diameter or width and used for recreational purposes. It may be above or below ground level, and shall be considered an accessory structure.
“Technical advisory committee (TAC)” means representation of technical staff or volunteers assembled to review petitions, site plans, development plans, planned developments, subdivisions, rezonings, and the like. The technical advisory committee may vary from meeting to meeting due to the expertise necessary to review the projects that the County is considering.
Temporary use/structure: See “Use, temporary.”
“Theater” means a facility for audio and visual productions and performing arts, excluding adult motion picture theaters and adult entertainment businesses.
“Thoroughfare” means a public way or public place that is included in the Jasper County thoroughfare plan. The term includes the entire right-of-way for public use of the thoroughfare and all surface and subsurface improvements on it such as sidewalks, curbs, shoulders, and utility lines and mains.
“Thoroughfare plan” means the official plan, now and hereafter adopted, which includes a street plan, sets forth the location, alignment, dimensions, identification, and classification of existing and proposed streets, and other thoroughfares, as found in the Jasper County Comprehensive Plan.
Through lot: See “Lot, through.”
Tower: See “Wireless support structure.”
“Tower accessory structure” means any structure located at or near the base of a tower for housing receiving or transmitting equipment.
“Tower setback” means the horizontal distance from the base of the tower to an abutting property line and/or proposed right-of-way.
“Trash receptacles” means any container used to store trash and that is less than 120 gallons in volume.
“Uncontrolled runoff” means any sludge, solid waste, waste product, and/or wastewater that drains overland from any part of a land application site and is not prevented from leaving the land application site and entering the waters of the County by dikes, berms, ditches or other means.
Underlying district: See “Base zoning district.”
Unpaved road: See “Street, unpaved.”
“Use” means the purposes for which land, building, or structure thereon is designed, arranged, or intended, or for which it is occupied, maintained, let, or leased.
“Use, permitted” means a use which may be lawfully established in a particular district or districts provided it conforms with all applicable requirements, regulations and standards.
“Use, primary” means the main use of land or buildings as distinguished from an accessory use. A primary use may be either a permitted use or a special exception.
“Use, temporary” means a land use or structure established for a limited and fixed period of no more than four (4) months with the intent to discontinue such use or structure upon the expiration of the time period.
Use variance: See “Variance, use.”
“Utility” means every plant or equipment within the State used for:
•The conveyance of telegraph and telephone messages;
•The production, transmission, delivery, or furnishing of heat, light, water, or power, either directly or indirectly to the public; or
•Collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste.
•The term does not include a municipality that may acquire, own, or operate facilities for the collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste. A warehouse owned or operated by any person, firm, limited liability company, or corporation engaged in the business of operating a warehouse business for the storage of used household goods is not a public utility within the meaning of this chapter.
“Utility pole” means a structure (other than a wireless support structure or electrical transmission tower) that is:
1. Owned or owned or operated by a public utility, a communications service provider, a political subdivision, an electric membership corporation, or a rural electric cooperative; and
2. Designed and used to carry lines, cables, or wires for telephony, cable television, or electricity, or to provide lighting.
“Utility, public” means any person, firm, or corporation duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, fiber optics, transportation, water, or sewage systems. The term does not include a municipality that may acquire, own, or operate any of the foregoing facilities.
•Or every corporation, company, partnership, limited liability company, individual, association of individuals, their lessees, trustees, or receivers appointed by a court, that may own, operate, manage, or control any plant or equipment within the State for the:
•Conveyance of telegraph or telephone messages;
•Production, transmission, delivery, or furnishing of heat, light, water, or power; or
•Collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste.
“Variance, development standards” means a specific approval granted by the Board of Zoning Appeals in the manner prescribed by the Unified Development Code, to deviate from the development standards (such as height, bulk, area) that the Unified Development Code otherwise prescribes.
“Variance, use” means the approval of a use other than that prescribed by the Unified Development Code.
“Variety store” means a retail establishment that sells a multitude of consumer goods.
Vehicle: See “Motor vehicle.”
“Warehouse storage facility” means a structure or group of structures containing individual storage units of 200 square feet or less with access to each unit only for the storage and warehousing of personal property. Warehouse storage facilities do not include activities of any kind including wholesaling, retailing, servicing or repair of household or commercial goods in conjunction with storage.
“Waste products” means materials, which are not considered sludge or wastewater under (327 IAC 6), but are generated as waste in the production process by industrial, municipal or semi-public facilities, and which may be disposed of through application upon or incorporation into the soil.
“Wellhead” means a drainage area that supplies water to a public well.
“Wellhead overlay district” refers to the WHO district.
“Wellhead protection” means a way to prevent drinking water from becoming polluted by managing potential sources of contamination in an area which supplies water to a public well.
“Wind farm” means one or more utility-grade wind turbine systems used collectively to produce electricity for distribution on the electrical grid, including feeder lines, substations, electrical and mechanical systems, on-site control systems, maintenance facilities, and other structures associated with the operation of the wind farm. Interstate and intrastate transmission lines (i.e., the power grid) shall not be considered part of the wind farm. Wind farms are typically located on leased land.
“Wind turbine” means a generator, wind-catching device (e.g., rotors), nacelle, and any other mechanical or electronic equipment located inside the nacelle.
“Wind turbine, horizontal axis” means a wind turbine with the rotation centered around a hub which is relatively parallel to the ground.
“Wind turbine, vertical axis” means a wind turbine with the rotation centered around a hub which is relatively perpendicular to the ground.
“Wind turbine system height” means the overall height above grade of the wind to energy tower plus the rotor.
“Wind turbine system, large” means a conversion system designed to generate electricity from wind, consisting of a wind turbine, wind turbine tower or other mounting device, foundation, and other structural components. Inversion equipment within or attached to a primary structure, wires conveying electricity to an electrical panel, and other electronic equipment within or attached to a primary structure shall not be considered part of the large wind turbine system. A large wind turbine system would generally have rated power of at least fifty kilowatts (50 kW), but less than 500 kW, but may have other limits applied by this Unified Development Code.
“Wind turbine system, small” means a conversion system designed to generate electricity from wind, consisting of a wind turbine, wind turbine tower or other mounting device, foundation, and other structural components. Inversion equipment within or attached to a primary structure, wires conveying electricity to an electrical panel, and other electronic equipment within or attached to a primary structure shall not be considered part of the small wind turbine system. A small wind turbine system would generally have rated power less than fifty kilowatts (50 kW), but may have other limits applied by this Unified Development Code.
“Wind turbine system, utility-grade” means a conversion system designed to generate electricity from wind, consisting of a wind turbine, wind turbine tower, foundation, and other structural components. Inversion equipment within, attached to, or within a structure at or near the base of the wind turbine system shall be considered part of the utility-grade wind turbine system. Substations, electrical and mechanical systems, control systems, maintenance facilities, and other structures located away from the utility-grade wind turbine system and feeder lines shall not be considered part of the utility-grade wind turbine system. A utility-grade wind turbine system will generally have rated power of at least 500 kW, but may have other limits applied by this Unified Development Code.
“Wind turbine tower” means a pole-like device used to mount a horizontal axis wind turbine.
“Wind turbine tower height” means the distance measured from grade to the bottom of the nacelle.
“Wireless facility” means the set of equipment and network components necessary to provide wireless communications service. The term does not include a wireless support structure.
“Wireless support structure” means a freestanding structure designed to support wireless facilities. The term does not include a utility pole or electrical transmission tower.
“Yard” means a space on the same lot with a primary building that is open and unobstructed except as otherwise authorized by this Unified Development Code. All required yards shall be kept free of all material including, but not limited to, buildings, structures, material for sale, storage, advertising or display to attract attention and parking lots.
“Yard, front” means the horizontal space between the nearest foundation of a building or structural appurtenance, or roof eave (whichever is closer) to the front lot line, extending to the side lines of the lot, and measured as the shortest distance from that foundation to the front lot line. (See graphic for “Yard.”)
“Yard, rear” means the horizontal space between the nearest foundation or structural appurtenance of a building to a rear lot line and that rear lot line, extending to the side lines of the lot, and measured as the shortest distance from the foundation to the rear lot line. Corner lots do not have rear yards; rather, they have two side yards. (See graphic for “Yard.”)
“Yard, side” means the horizontal space between the nearest foundation or structural appurtenance of a building to the side lot line. (See graphic for “Yard.”)
“Zoning Administrator” means the officer delegated the responsibility for the administration of this Unified Development Code’s regulations by the Plan Commission. The term “Zoning Administrator” includes his/her authorized representatives.
Zoning district: See “District.”
Zoning map: See “Official zoning map.” [Ord. 3-4-19A § 3; Ord. 12-3-18A § 2; Ord. 3-7-16A § 1; Ord. 9-4-12A § 1; Ord. 12-27-11 § 11.02.]