Avilla Zoning Ordinance

Transcription

1 Avilla Zoning Ordinance Table of Content Preface The Zoning Ordinance of the Town of Avilla, Indiana Enactment Proviion and Section 1General Proviion and Enforcement Page Title Page Interpretation, Conflict and Separability Page Saving Proviion Page Ecluion Page Effective Date Page Repealer Page Amendment Page Enforcement, Violation, and Penaltie Page Deignation Of The Adminitrator Page 4 Section 2Definition Page Definition Page 5 Section 3Ditrict Page Kind Of Ditrict: Etablihment Page Boundarie: In General Page Boundarie: Flood Plain Ditrict Page Subdiviion, Cluter Development, Planned Development, Condominium and Zero Lot Line Development Page 21 Section 4Authorized Ue Page Primary Ue Page Acceory Ue Page Nonconforming Ue and Structure Page Garage or Yard Sale Page 27 Chart of Permitted Ue, Section IV Page 29 Section 5Ue Requirement and Retriction Page Height of Structure Page Maimum Lot Coverage: Reidential Ue Page Minimum Lot Size: Reidential Ue Page Minimum Lot Size: Other Ue Page 41

2 5.5 Standard Setback Page Setback: Acceory Building in Reidential Ditrict Page Setback: Viion Clearance at Interection Page Setback: Ue Allowed A Special Ue Page Buffering: Minimum Ditance from Reidential Ditrict Page Buffering: Fence and Wall Page Buffering: Screen Planting Abutting Reidential Ue Page Entrance Page Minimum Off-treet Parking and Loading Requirement Page 47 Figure 5-1: Parking Space Meaurement Page Sign Page Retriction Along Stream Page Water Pollution Page 61

3 5.17 Indutrial Retriction Page 61 Section 6Planned Development Page Intent of Ditrict Page Claification of Planned Development Page Organization of Propoal Page Filing Procedure Page Preliminary Plan Hearing Page Approval Of Final Detailed Plan Page Covenant and Maintenance Page Recording Page Permit Page Contruction Page Etenion, Abandonment, and Epiration Page Limitation of Rezoning Page 71 Section 7Board of Zoning Appeal, Variance, Special Ue and Appeal Page Board of Zoning Appeal: Memberhip and Juridiction Page Board of Zoning Appeal: Rule and Procedure Page Special Ue Page Variance Page Appeal Page 76 Section 8Improvement Location Permit Page Applicability Page Certificate of Occupancy Page Site Plan and Contruction Drawing Page Mobile Home Page Record Page Iuance or Denial Page Appeal Page Epiration Page 79 AppendiRequired Form and Certificate and Ehibit Page 81 Form OneNotice of Public Hearing on Propoed,Initial or Replacement Zoning Ordinance Page 83 Form TwoNotice of Public Hearing on Zoning Ordinance Tet Amendment Page 85 Form ThreeTranmittal of Tet Amendment to Legilative Body Page 87 Form FourPetition to Amend the Zoning Map Page 89 Form FiveChecklit for Zoning Map Change Application Page 91 Form SiNotice of Public Hearing on Amendment to Zoning Map Page 93 Form SevenOrdinance to Amend the Zoning Map Page 95 Form EightApplication for Appeal Page 97 Form NineApplication for Improvement Location Permit Page 99 Form TenCertificate of Occupancy Page 101

4 Building HeightEhibit 1 Page 103 Baement & StoryEhibit 2 Page 103

5 Acknowledgement and Credit The content of the Avilla Zoning Ordinance and Subdivion Regulation were generated uing the Highway Etenion and Reearch Project for Indiana Countie and Communitie (HERPICC) model generated by the ( People or organization In (year). It bai wa taken from the Unified Zoning Ordinance of Tippecanoe County a modified for ue in mall urburban communitie in Hendrick County, Indiana. Preface of each ection have been kept intact a wa preented in the model to provide an introduction and eplanation of each ection. Produced in cooperation with the Indiana Department of Commerce, through the Community Planning Fund. Acknowledgement and Credit The model preented here i baed on the Unified Zoning Ordinance of Tippecanoe County a modified for ue in my conulting buine for everal mall uburban communitie in Hendrick County. It ha been updated and improved with the help of Mi Sallie Lee, Aitant Director of the Tippecanoe County Area Plan Commiion to whom the author i epecially grateful. It alo incorporate change in the Indiana Code through 1990 and reflect the latet appropriate information from the APA Zoning New and converation held with variou taff planner at trategic location throughout the tate during the ummer of The author wihe to thank all of thoe peron and organization who were of aitance in developing and publihing thee model zoning regulation. It i impoible here to name them all individually, but they include the member of the Adviory Board of the Highway Etenion and Reearch Project for Indiana Countie and Citie and Profeor Charle F. Scholer, the director. Their upport of the work and continued guidance have been invaluable. Mot of the ecretarial work ha been done by Marian Sipe, to whom the author i epecially indebted. Alo, the many comment, uggetion and criticim obtained by interview or letter from Indiana planner and other public official and profeional have been invaluable. T. William Patteron Profeor Emeritu of Urban Planning Summer 1990 Where an Area Plan Commiion rather than an Adviory Plan Commiion i the planning body, additional change and addition may be neceary. A cloe eamination of the Indiana Code will reveal the neceary modification. Sallie Dee Lee February 17, Preface The Avilla Zoning Ordinance wa updated through the ue of the Unified Zoning Ordinance of Tippecanoe County a it model. The ordinance document ha been broken into eight ection which are organized a follow: The 1t ection contain the "enactment" proviion which are neceary for etablihing the legal bai of the ordinance in relation to the appropriate enabling legilation a it appear in the Indiana Code.

6 In addition, ection 1 deal with thoe general apect of the ordinance which affect it legality and mean of enforcement. Subection 1.1 provide for a ingle title by which the ordinance hall properly be known. Subection 1.2 eplain the public purpoe of the ordinance and how it i to be interpreted in relation thereto. It eplain how the ordinance relate to other ordinance, regulation or other legal proviion and/or privately agreed obligation o that it doe not nullify the effect of the mot retrictive rule or highet tandard embodied in any of them. The eparability tatement eplain that the nullification of any portion of the ordinance doe not contitute the nullification of the other proviion of the ordinance. Subection 1.3 eplain that nothing related to thi ordinance interfere with action begun before it take effect nor nullifie action taken under previou legilation ecept a pecifically provided for in thi ordinance. Subection 1.4 deal with making clear that thi ordinance doe not retrict or regulate tate or federal conferred right to employ the power of eminent domain or the ue of tate or federal, or tate or federal agencyowned or occupied propertie, or of tate or federal intitution. Thi would alo include power delegated by unit of government to private entitie uch a utilitie, etc. Subection 1.5, 1.6, and 1.7 et forth the date on which thi ordinance become effective, the fact that all previou regulation dealing with zoning matter are thereby repealed and upplanted by thi ordinance, and etablihe the legal bai and procedure for amending thi ordinance. Subection 1.8 eplain the mean by which the proviion of thi ordinance hall be enforced and violation prevented, topped, and/or punihed. Subection 1.9 etablihe the peron primarily reponible for adminitering and implementing thi ordinance. The purpoe of ection 2 i to eplain the meaning of the more important term ued in the tet of thi model zoning ordinance. By making thee meaning eplicit, the rik of arbitrary adminitrative deciion through lack of undertanding i reduced and fair adminitration of the ordinance enhanced; alo, thoe preparing application will have their tak made eaier if the purpoe, procee, and requirement of the ordinance are more clearly comprehended. The 3rd ection lit and decribe two kind of ditrict: 1) "a of right" ditrict in which a limited range of imilar, compatible ue are permitted under the retriction given for each ditrict and in which a limited number of pecial ue may alo be permitted on application to the Board of Zoning Appeal which may alo et further retriction and condition, and, 2) "planned development ditrict" which conditionally allow variou mie of ue provided the development in thee ditrict conform preciely to a detailed comprehenive development plan agreed by the owner and the plan commiion and local legilative body to have been deigned to eventuate in a compatible, mutually beneficial arrangement of ue on the land. Thi ection and it ubection importantly et the tage for the one that follow, "

7 Authorized Ue", decribing in detail thoe ue permitted in each ditrict and the tandard which mut be met by each of thee ue in order for them to be compatible with other ue and, hence, allow them to be permitted. The "planned development" technique i epecially applicable where a variety of mied, mutuallyupportive ue can be made to be compatible through carefully organized deign procee or for a ite that i environmentally or topographically enitive. Thi i a tool for fleible control of comple ue arrangement. The purpoe of ection 4 i to decribe the ue which are permitted, either by right or by pecial eception, and the condition under which they are authorized in the ditrict decribed in the previou Section. Subection 4.1 deal with "primary" a oppoed to econdary, ancillary or "acceory" ue. Subection 4.2 lit thoe acceory ue which are permitted. Subection 4.3 deal with the problem of nonconforming ue and tructure. It decribe the variou kind of nonconformance and the limitation placed on uch ue and tructure in order to dicourage their continued eitence. Subection 4.4 deal with the condition for allowing garage or yard ale a a temporary ue. Finally, the chart which conclude thi chapter provide a convenient mean of eeing which ue are authorized in each of the ditrict decribed in Section 3. The purpoe ection 5 i to et forth in detail the development tandard and retriction for thoe ue which are authorized and on which their continued authorization depend. The purpoe of the 6th ection i to deal with development in a more fleible manner, i.e. with propoal which becaue of their compleity and miedue nature would be difficult, if not impoible, to be carried out under the "a of right" requirement of conventional zoning ditrict. Under the procedure for development in thee zone the developer i required to meet the criteria provided in thi ection eactly in accordance with the detail of the plan which he ha negotiated with government official and for which he ha received approval. Accordingly, the community i aured that the development will be built eactly a indicated in the plan which were negotiated and approved. The variou ubection deal with the variou kind of planned development ditrict, the pecial procedure for ecuring review and approval of thee development, and with the mean by which the community i protected from noncompliance with approved plan. Section 7 eplain the makeup of, juridiction of and procedure to be ued by the adviory board of zoning appeal. Subection 7.1 decribe the Board' memberhip, term of office, area of juridiction and tatutory bai. It alo eplain the Board' relationhip to taff upport. Subection 7.2 et forth the rule and procedure under which the Board hall function. Subection 7.3 pecifie how the Board mut deal with requet for pecial ue. The primary ue table found in Section 4 etablihe thoe ue which can be permitted in which pecific ditrict through the grant of pecial ue permit. Subection 7.4 deal with the manner in which the Board may permit variance from the trict interpretation of the ordinance in cae where a noneconomic hardhip eit with repect to a condition peculiar to a particular piece of property and not the reult of any act of the owner. Subection 7.5 decribe the procedure for appealing deciion of the Board. The purpoe of ection 8 i to decribe the proce for obtaining improvement location permit and the condition which have to be met in order to obtain them. It alo deal with occupancy permit. Iuing uch permit i abolutely critical for the implementation of a zoning ordinance with repect to both temporary and permanent

8 improvement to tructure, building, and land. Subection 8.1 eplain the applicability of thi permit ytem: the circumtance under which they mut be obtained. Subection 8.2 deal imilarly with occupancy permit. Subection 8.3 eplain what drawing and related information mut be ubmitted a part of the permit proce. Subection 8.4 deal with the pecial proviion for mobile home. Subection 8.5 through 8.8 eplain what record mut be kept, the length of time for reviewing application, procedure for iuance or denial, how appeal may be made, and when improvement location permit epire. THE ZONING ORDINANCE OF THE TOWN OF AVILLA, INDIANA Ord. No. AN ORDINANCE ESTABLISHING ZONING REGULATIONS FOR THE TOWN OF AVILLA, INDIANA AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF, IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 138, INDIANA ACTS OF 1957, AS AMENDED, AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH. WHEREAS, Chapter 138, Article V, Indiana Act of 1957, a amended, empower the town to enact a zoning ordinance and to provide for it adminitration, enforcement, and amendment, and WHEREAS, the Adviory Plan Commiion, the Town Council of Avilla, Indiana, deem it neceary for the purpoe of promoting the health, afety, convenience, and general welfare of the community to enact uch an ordinance, and WHEREAS, puruant to the proviion of Chapter 138, Article VII, Indiana Act of 1957, a amended, a Board of Zoning Appeal ha been created to recommend and to carry out it power and dutie a decribed under Section 77, Article VII, Chapter 138, Indiana Act of 1957, a amended, and WHEREAS, the Adviory Plan Commiion ha divided all area of the town into ditrict and ha prepared regulation pertaining to uch ditrict in accordance with an adopted comprehenive plan deigned to leen congetion in public treet; to ecure afety from fire, flood, and other danger; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate proviion of tranportation, water, ewage, chool, park, and other public requirement, and WHEREAS, the Adviory Plan Commiion ha given reaonable conideration, among other thing, to the preent character of the ditrict and their peculiar uitability for particular ue, with a view to conerving the value of building and land and encouraging the mot appropriate ue of land throughout the town, and WHEREAS, the Adviory Plan Commiion ha made tudie and held public hearing thereon, puruant to law, and ubmitted it final report to the town and WHEREAS, the Adviory Plan Commiion ha given due public notice of hearing (puruant to aid Chapter 138) relating to zoning ditrict, regulation, and retriction, and

9 ha held uch public hearing, and WHEREAS, all requirement of Chapter 138, Indiana Act of 1957, a amended, with regard to the preparation of the report of the Adviory Plan Commiion and the ubequent action neceary to enact thi ordinance by the town have been met. NOW, THEREFORE, BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF AVILLA, INDIANA AS FOLLOWS: Enactment Proviion and Section 1 General Proviion and Enforcement 1.1 Title Thee regulation hall hereafter be known and cited a the Zoning Ordinance of Avilla, Indiana. 1.2 Interpretation, Conflict and Separability A. In their interpretation and application the proviion of thee regulation hall be held to be the minimum requirement for the promotion of the public health, afety, and general welfare. B. Conflict with Public and Private Proviion i. Public Proviion. The regulation are not intended to interefere with, abrogate, or annul any other ordinance, rule or regulation, tatute, or other proviion of law. Where any proviion of thee regulation impoe retriction different from thoe impoed by any other proviion of thee regulation or any other ordinance, rule or regulation, or other proviion of law, thoe proviion which are more retrictive or impoe higher tandard hall control. ii. Private Proviion. Thee regulation are not intended to abrogate any eaement, covenant or any other private agreement or retriction, provided that where the proviion of thee regulation are more retrictive or impoe higher tandard or regulation than uch eaement, covenant, or other private agreement or retriction, the requirement of thee regulation hall govern. Where the proviion of the eaement, covenant, or private agreement or retriction impoe dutie and obligation more retrictive, or higher tandard than the requirement of thee regulation, or the determination of the Commiion in enforcing thee regulation, and uch private proviion are not inconitent with thee regulation or determination thereunder, then uch private proviion hall be operative and upplemental to thee regulation and determination made thereunder. Private proviion can only be enforced privately unle a public agency uch a the Town Council or Plan Commiion ha been made a party to uch

10 agreement. iii. Separability. If any part or proviion of thee regulation or application thereof to any peron or circumtance i adjudged invalid by any court of competent juridiction, uch judgment hall be confined in it operation to the part, proviion, or application directly involved in all controvery in which uch judgment hall have been rendered and hall not affect or impair the validity of the remainder of thee regulation or the application thereof to other peron or circumtance. The Town hereby declare that it would have enacted the remainder of thee regulation even without any uch part, proviion or application. 1.3 Saving Proviion Thi ordinance hall not be contrued a abating any action now pending under, or by virtue of, prior eiting zoning ordinance, or a dicontinuing, abating, modifying, or altering any penalty accruing or about to accrue, or a affecting the liability of any peron, firm, or corporation, or a waiving any right of the Town of Avilla under any ection or proviion eiting at the time of the effective date of thi ordinance, or a vacating or annulling any right obtained by any peron, firm, or corporation, by lawful action of the Town of Avilla ecept a hall be eprely provided for in thi ordinance. 1.4 Ecluion Nothing in thi Ordinance or in any rule, regulation or order iued puruant to thi Ordinance hall be deemed to retrict or regulate or to authorize any unit of government, legilative body, plan commiion or board of zoning appeal now or hereafter etablihed, to retrict or regulate the eercie of the power of eminent domain by the State of Indiana or by any tate agency, or the ue of property owned or occupied by the State of Indiana or any tate agency. A ued in thi ection, the term "tate agency" hall mean and include all tate agencie, board, commiion, department, and intitution, including tate univeritie of the State of Indiana. 1.5 Effective Date Thi ordinance take effect. 1.6 Repealer Upon the adoption of thi ordinance according to law, the Avilla Zoning Regulation adopted September 1990 a amended and all prior zoning map are hereby repealed. 1.7 Amendment For the purpoe of providing for the public health, afety, and general welfare, the Town, on recommendation of the Commiion, may from time to time amend the tet of thi ordinance and/or the zoning map() incorporated by reference in thi ordinance. Public

11 hearing on all propoed amendment hall be held by the Commiion and/or the Town in the manner precribed by law. 1.8 Enforcement, Violation, and Penaltie A. It hall be the duty of the Adminitrator to enforce thee regulation and to bring any violation or lack of compliance to the attention of the Town Attorney who may file a complaint againt the peron and proecute the alleged violation. B. Any peron may, by uit in a circuit or uperior court of the county, enjoin the violation of thi Ordinance. C. The (Adviory) Board of Zoning Appeal by mandatory injunction in the circuit court of the county againt the owner or poeor of the real etate, may require the removal of a tructure erected in violation of thi Ordinance, or the removal of any ue or condition permitted in violation of thi Ordinance. D. A ue that violate thi Ordinance hall be treated a if it were a common nuiance, and the owner or poeor of the tructure, land, or premie upon which the ue i maintained hall be liable for uch nuiance. E. Any peron whether owner or poeor, who hall violate, or who permit or allow a violation, of any of the proviion of thi Ordinance, or who fail to comply therewith or with any requirement thereunder, or who hall build, recontruct, or tructurally alter any building in violation of any detailed tatement or plan ubmitted upon which an approval or grant i given under thi Ordinance, hall, upon complaint filed in any court of the county and upon judgment finding uch violation, be fined not le than fifty dollar ($50.00) and not more than five hundred dollar ($500.00), and each day that uch violation or noncompliance hall be permitted to eit, hall contitute a eparate violation. F. No Improvement Location Permit or Building Permit required under the Uniform Building Code or thi ordinance hall be iued on any property ubject to thi ordinance in violation of the proviion of thi ordinance. G. Attorney' Fee. Notwithtanding anything contained in thi Ordinance to the contrary or appearing to be to contrary, and in addition and upplementary to other proviion of thi Ordinance, if the Board of Zoning Appeal or the Town i required to utilize the ervice of the Town attorney or any other attorney in invetigating a poible violation of thi ordinance or enforcing the proviion of thi Ordinance puruant to Section 1.8C, 1.8D or 1.8E, or any other Section, before any board or court (including appeal), and uch invetigation reult in a determination that a violation ha occurred or if the Board of Zoning Appeal or Town i ucceful in it enforcement of the Ordinance by way of uit, appeal or other appropriate proceeding, the repondent, defendant or party invetigated for a violation hall pay the Town' reaonable attorney fee and all cot related to the invetigation of the violation and/or the enforcement of thi Ordinance, unle uch attorney fee or cot are pecifically waived by the Council of the Town of Avilla. H. Cot on Appeal. A to any appeal from a deciion of the Board of Zoning Appeal, cot may not be allowed againt the Board of Zoning Appeal unle it appear to the court that the Board acted with gro negligence or in bad faith in making the deciion brought up for review.

12 I. The Adminitrator, hi taff or any peron or peron aiting the Adminitrator in the application and enforcement of thi Ordinance i hereby authorized to go onto private property for the purpoe of conducting inpection required by the Ordinance or any order of the Plan Commiion and Board of Zoning Appeal, or required to determine if thi Ordinance i being violated, or required to enforce thi Ordinance. Such inpection or inpection hall occur at reaonable time and hall be conducted in a manner not to diturb the peace. 1.9 Deignation Of The Adminitrator The town hereby deignate it Plan Commiion Preident a the Adminitrator for the purpoe of implementing thi ordinance and ha the principal reponibility for enforcing thi ordinance. Section 2 Definition 2.1 Definition Acceory Building. A ubordinate tructure, the ue of which i incidental to that of the dominant ue of the primary building or land. Acceory Ue. A ubordinate ue which i incidental to that of the a ue other than human occupancy. primary ue and i Acceory Living Quarter. Living quarter, within an acceory building, which are intended for ue, and ued by peron employed on the premie. Such quarter have no kitchen facilitie, but do have full anitary facilitie, and are not rented or ued a eparate dwelling. Acre. A unit of land meaure. One acre equal 43,560 quare feet. Actual Contruction. Work done which i beyond the preparation tage and into that tage where the change or addition are made permanent. (See 4.3(c)). Adminitrator. The officer appointed by and/or delegated the reponibility for the adminitration of thee regulation by the planning commiion. The preident of the plan commiion or hi deignate i hereby deignated a the Adminitrator for the purpoe of implementing thi ordinance and i the town officer referred to herein wherever the term Adminitrator appear. Adviory Plan Commiion. A planning commiion erving a ingle local government juridiction etablihed a defined under the Indiana Code, (1983) a amended. The Avilla Plan Commiion i an Adviory Plan Commiion. Air Contaminant. Dut, fume, ga, mit, moke, or vapor, either ingularly or in combination. Air Contaminant Source. Any ource or emiion of air contaminant, whether privately or publicly owned or operated.

13 Air Pollution. The preence in the outdoor atmophere of one (1) or more air contaminant in ufficient quantitie and of uch characteritic and duration to be injuriou to human, plant or animal life or property, or that unreaonably interfere with the comfortable enjoyment of life and property. Alley. A public or private way primarily deigned to erve a a econdary acce to the ide or rear of thoe propertie whoe principal frontage i on ome other treet. Apartment. A room or uite of room in a multi-family tructure arranged, deigned, ued or intended to be ued a a ingle houekeeping unit and include permanently intalled and complete kitchen facilitie. Applicant. The fee imple owner/ of land who make application to the Avilla Adviory Plan Commiion for action by aid commiion thereby affecting that land. Applicant mut be legal owner of piece of land or the legal repreentative of legal property owner. Arterial Street. See primary arterial defined in thi ection. Automobile Repair, Major. A buine engaged in engine rebuilding or the major reconditioning of worn or damaged motor vehicle or travel trailer; colliion ervice, including body, frame or fender traightening or repair and vehicle painting. Automobile Repair, Minor. A buine engaged in incidental repair, replacement of part, and motor ervice to automobile, but not including any operation included under AUTOMOBILE REPAIR, MAJOR. Automobile Service Station. A buine etablihment where gaoline (tored only in underground tank), keroene, lubricating oil or greae (for operation of automobile), are offered for ale to the public on the premie, along with minor acceorie and ervice for automobile (but not including major automobile repair), and the wahing of automobile where no chain conveyor, blower or team cleaning device i ued. If the dipening, ale or offering for ale of motor fuel or oil i incidental to the conduct of a public garage, the etablihment i a public garage. Automobile Wrecking Yard. A buine etablihment where two (2) or more non-operable motor vehicle or vehicle part are tored in the open and are not being retored to operation; or any land, building or tructure ued for wrecking or toring of thoe motor vehicle or part. Include the commercial alvaging of any other good, article or merchandie. Balcony. An appurtenance to a tructure, with cantilever upport, which i elevated at leat i (6) feet off the ground and i partially encloed by a railing or other acceptable barrier. Bed and Breakfat: Hometay. A mall etablihment, having one to three bedroom for rent to tranient a an activity which i ubordinate and incidental to the main reidential ue of the building. Thee are generally treated a tourit home. Bed and Breakfat Inn. Etablihment ranging from four to twenty guet room and may include retaurant that cater to the general public a well a to overnight guet. Thee are treated a commercial enterprie.

14 Billboard. See Sign, Outdoor Advertiing. Block Face. One ide of a treet between interection. Block. A tract of land bounded by treet, or by a combination of treet and public park, cemeterie, railroad rightofway, horeline of waterway, or boundary line of municipalitie. Board. The Adviory Board of Zoning Appeal of the town of Avilla. Boarding Kennel. A place primarily for keeping four or more dog, or other mall animal that are ordinarily kept a pet, and are at leat four month old. Buffer Landcaping. Any tree, hrub, wall, fence, berm, or related landcaping feature required under thi ordinance or the Subdiviion Regulation to be placed on private property and privately maintained or in public rightofway for the purpoe of buffering lot from adjacent propertie, for ethetic purpoe, and/or for creating ound barrier and/or viual privacy. Building. Any roofed tructure built for the upport, helter, encloure, or protection of peron, animal, unmovable or moveable property of any kind (each part of uch a tructure that i eparated from the ret by unbroken party wall i conidered to be a eparate building for the purpoe of thi ordinance). Building Area. The horizontal projected area of the building on a lot, ecluding open area or terrace, unencloed porche not more than one tory high, and architectural feature that project no more than two feet. Building Height. The vertical ditance meaured from the adjoining treet centerline to the highet point of the building where the front of the building i contiguou to the treet right-of-way (ee ehibit 1) Building Line. The line that etablihe the minimum permitted ditance on a lot between the front line of a building and the treet rightofway line. Building Permit. See Improvement Location Permit. (Section II, page 14) Buine. The purchae, ale, or echange of good or ervice, or the maintenance for profit of office or recreational or amuement enterprie. Buine Ditrict. Refer to the HS, LB, GB, & CB ditrict. Campground. Any ite, lot, field, or tract of land under ingle ownerhip, or ownerhip of two or more people, deigned with facilitie for hort term occupancy and not intended to be occupied year round by recreational vehicle and other camping equipment but not including mobile home. Carport. A helter for no more than two (2) or more vehicle per dwelling unit which i not fully encloed by wall. Car Wah. A permanent etablihment on which motor vehicle are wahed or waed, either by the patron or by other, uing machinery pecially deigned for uch purpoe.

15 Cemetery. Land ued for the burial of the dead and dedicated for cemetery purpoe, including columbrium, crematorie, mauoleum and mortuarie. Certificate of Occupancy. A certificate iued by the Town of Avilla tating that the occupancy and ue of land, or a building or tructure referred to within the certificate, complie with the proviion of thi Ordinance and the Avilla Building Ordinance. Charitable Intitution. A non-profit organization, with federal and tate ta eempt tatu, upported mainly from public and private donation which are held in trut to be ued for the object and purpoe epreed in the intitution' article, contitution, bylaw, or charter for the promotion of the welfare of other. Church. A building where peron regularly aemble for religiou worhip, which i ued only for uch purpoe and/or thoe activitie cutomarily aociated with religiou and auiliary religiou activitie. Clinic. An etablihment in which patient are admitted for medical or dental tudy or treatment and in which the ervice of at leat one phyician or dentit i provided. Club. Any aociation of peron which ha been organized for a common, non-commercial purpoe. Cluter Houing. Development in which dwelling unit are clutered cloe to their acce treet or drive in order to permit aggregation of yard pace into larger common recreational pace. Collector Street. A treet intended to move traffic from local treet to arterial. ( A collector treet erve a neighborhood or large ubdiviion and hould be deigned o that no reidential propertie face onto it and no driveway acce to it i permitted ecept if the property i to be in multi-family ue for three (3) or more dwelling unit.) Commiion. The Avilla Adviory Plan Commiion. Commiion Attorney. The licened attorney deignated by the Commiion to furnih legal aitance for the adminitration of thi Ordinance, or a provided by tatute. Condominium. Real etate lawfully ubjected to IC 3216 (the Horizontal Property Law) by the recordation of condominium intrument, in which undivided interet in the common area and facilitie are veted in the condominium unit owner. Cooperative. A building or land in which an individual own tock in a corporation with the right, through a proprietary leae, to occupy a portion of the land or a part of a building. County. Noble County, Indiana. Curb Level. The level of the etablihed curb in front of a building meaured at the center of the front of the repective lot. Cul-de-ac Street. A dead end treet that terminate in a circular right-of-way and doe not provide more than one acce point onto another treet, or mean of acce to lot not fronting the cul-de-ac.

16 Day Care Center. Any place operated by a peron, ociety, agency, corporation or intitution, or any other group wherein are received for pay three (3) or more children under 18 year of age for group care, without tranfer of cutody, for le than 24 hour per day. Day Care Home. (See Home Service). Deck. A perimeter upported open wooden tructure added onto a reidential unit, with tep and railing or other protective barrier. Detached Building. A building that ha no tructural connection with another building. Ditrict. A ection of the juridictional area of the Town of Avilla for which uniform regulation governing the ue, height, area, ize DriveIn Retaurant. An etablihment elling food, frozen deert, or beverage to conumer, the etablihment being deigned, intended or ued for the conumption of uch item on the premie outide of the building in which they were prepared. Drive, Private. Vehicular treet and driveway, paved or unpaved, which are wholly within private property ecept where they interect with public treet within public rightofway. Dump, Open. Any premied, in part or whole, ued for the dipoal or torage of garbage, ewage, trah, refue, wate material of any kind, junk, dicarded machinery, vehicle, vehicle part, dead animal or hazardou material by abandonment, dicarding, dumping, and may not be alvaged. Dwelling. A building or part of a building that i ued primarily a a place of abode, but not including a hotel, motel, lodging houe, boarding houe, or tourit home. Dwelling Unit. A dwelling or part of a dwelling ued by one family a a place of abode. Eaement. An authorization grant made by a property owner for ue by another of any deignated part of hi property for a clearly pecified purpoe and officially recorded. Family. One or more peron haring meal and living a a ingle houekeeping unit. Farm. An area ued for agricultural operation, including truck gardening, foretry, the operating of a tree or plant nurery, or the production of livetock and poultry. Fence. A tructure, including entrance and eit gate, deigned and contructed for encloure, creening and decorative purpoe. Flood Hazard Area. Thoe flood plain which have not been adequately protected from flooding caued by the regulatory flood, and are hown on the zoning map and/or on the Flood Hazard or FloodwayFlood Boundary Map of the Federal Inurance Adminitration or map provided to the Commiion from the Indiana Department of Natural Reource. Flood Plain. The area adjoining the river or tream which ha been or may hereafter be covered by flood water from the Regulatory Flood.

17 Flood Protection Grade. The elevation of the lowet floor of a building, including the baement, which hall be two feet above the elevation of the regulatory flood. Floodway. See Regulatory Floodway. Floodway Fringe. That portion of the flood plain lying outide the floodway, which i inundated by the regulatory flood. Floor Area, Gro. The um, in quare feet, of the floor area of all roofed portion of a building, a meaured from the eterior wall. It include the total of all pace on all floor of a building. It doe not include porche, garage, or pace in a baement or cellar when aid baement or cellar pace i ued for torage or other uch incidental ue. The gro floor area i generally applied to reidential ue. The gro floor area of an underground houe applie to the primary unit, and i meaured from the interior wall. Foundation. The upporting tructure of a wall or building. Foundation Skirting. A type of kirting contructed of fire and weather reitant material uch a aluminum, treated preed wood, or other approved material encloing the entire undercarriage or foundation of a manufactured houing unit. Front Line. With repect to a building, mean the foundation line that i nearet the front lot line. Front Lot Line. 1. For an interior or through lot, mean the line marking the boundary between the lot and the abutting treet or a lake or watercoure; and 2. For a corner lot, mean the line marking the boundary between the lot and the horter of the two abutting treet egment. ecept a deed retriction pecify otherwie. Front Yard. The horizontal pace between the nearet foundation of a building to the rightofway line and that rightofway line, etending to the ide line of the lot, and meaured a the hortet ditance from that foundation to the rightofway line. The front yard of a corner lot hall be that yard abutting the treet upon which the lot ha it leat frontage, ecept a deed retriction pecify otherwie. Garage, Private. A detached acceory building or portion of a main building, ued for the torage of motor vehicle where the capacity doe not eceed four (4) four-wheeled vehicle houed in a building to which uch garage i acceory. Garage, Public. Any building or tructure, other than a private garage, which i ued for torage, repair, rental, greaing, wahing, ervicing, adjuting or equipping of automobile or other motor vehicle. Garage, Truck Repair. A building, other than a public or private garage, ued for the care, repair, or equipment of truck over one (1) ton, or where thee vehicle are parked or tored for remuneration, hire or ale.

18 Garage or Yard Sale. (See 4.4). General Indutrial Ue. Manufacturing, proceing, etraction, heavy repairing, dimantling, torage, or dipoal of equipment, raw material, manufactured product or wate, in which ome operation, other than tranportation, are performed in open or cloed area. Grade. The highet level of the finihed urface of the ground adjacent to the eterior wall of the building or tructure. Group Home. A ingle elfcontained home etablihed and operated by the county department of welfare, licened private child placement agency or licened incorporated group etablihed for the purpoe of receiving and caring for up to eight peron who are attended by houe "parent." Ground Floor Area. The area of a building in quare feet, a meaured in a horizontal plane at the ground level within it larget outide dimenion, ecluive of open porche, breezeway, terrace, garage, and eterior tairway. Hardhip. A perceived difficulty with regard to one' ability to improve land temming from the application of the development tandard of thi Ordinance, which may or may not be ubject to relief by mean of variance. In and of themelve, elfimpoed ituation and claim baed on a perceived reduction of or retriction on economic gain hall not be conidered hardhip. Selfimpoed ituation include: the purchae of land with actual or contructive knowledge that, for reaon other than phyical characteritic of the property, the development tandard herein will inhibit the deired improvement; any improvement initiated in violation of the tandard of thi Ordinance; any reult of land diviion requiring variance from the development tandard of thi Ordinance in order to render that ite buildable. Hazardou Wate. Any olid or liquid wate with inherent danger, including but not limited to, toic chemical, eploive, pathological wate, radioactive material, flammable material likely to caue fire, liquid, emi-liquid, ludge containing le than thirty percent olid, peticide, peticide container, raw animal manure tored in large quantitie, eptic tank pumping, and raw or digeted ewage ludge. Height. With repect to a building, mean the vertical ditance from the lot ground level to the highet point, for a flat roof; to the deck line, for a manard roof; and to the mean height between eave and ridge, for a gable, hip, or gambrel roof. See Building Height. Home Service. Any commercial ue conducted entirely within a dwelling and participated in olely by the occupant. Such ue i clearly incidental and econdary to the ue of the dwelling and doe not change the character of the dwelling or have any etenive evidence other than a ign. The only commoditie or ervice old are thoe produced on the premie. Retail buine or trade that are generally licened hall not be conidered home occupation. Hotel or Motel. A tructure, in part or whole, in which more than five (5) guet room are provide a temporary accommodation at cot to the public. Improvement Location Permit. A document iued under Section Nine of thi Ordinance permitting a peron, firm or corporation to erect, contruct, enlarge, alter, repair, move, improve, remove, convert, or demolih any building or tructure within it

19 juridiction, or caue the ame to be done. Incinerator or Incineration Operation. The controlled combution of wate material in conformance with all applicable local, tate, and federal law and regulation. Interior Lot. A lot other than a corner lot or a through lot. Intereted Partie. Thoe partie who are owner of propertie adjoining or adjacent to the property for which a zoning change i being ought. Junk Yard. A place, uually outdoor, where wate or dicarded ued property other than organic matter, including but not limited to automobile, farm implement and truck, i accumulated and i or may be alvaged for reue or reale; thi hall not include any indutrial crap metal yard. Laboratory, Commercial. A facility devoted to eperimental tudy, teting or analyi with no manufacturing, aembly or packaging of product conducted within the facility. Light Indutrial Ue. Manufacturing, proceing, etraction, heavy repairing, dimantling, torage, or dipoal of equipment, raw material, manufactured product or wate, in which all operation, other than tranportation, are performed entirely within encloed building and for which all loading and unloading facilitie are encloed. Light Indutrial Park. A tract of land which i planned and developed a a ditinctive and attractive unit, featuring landcaped open pace of generou dimenion and well deigned tructure to be ued for indutrial reearch, light indutrial, ue, office and imilar purpoe, and for ue neceary to the operation of the tenant indutrie. Local Street. A treet intended to provide acce to other treet from individual propertie and to provide rightofway beneath it for ewer, water, and torm drainage pipe. Lodging Houe. A building, not available to tranient, le than 5 guet room in ize, in which lodging are regularly provided for compenation for peron in addition to the owner occupant. Doe not include hotel or motel. Lot. A tract, plot, or portion of a ubdiviion or other parcel of land, a recorded in the Noble County Recorder' office, intended a a unit for the purpoe, whether immediate or future, of tranfer of ownerhip or of building development. Lot, Corner. A lot ituated at the interection of two (2) treet, the interior angle of uch interection not eceeding 135 degree. A lot with treet abutting more than two (2) ide hall alo be a corner lot. Lot Coverage. The percentage of the lot area that i repreented by the building area. Lot, Depth of. The ditance, meaured in a traight line, between the front and rear lot line. Lot, Front of Corner. The part of a lot adjacent to and parallel with the treet. The front of a corner lot hall be conidered a that part of the lot having the leat amount of frontage adjacent to one of the attendant treet. Whenever the footage i the ame

20 on both of the treet, either part of the corner lot may be conidered a the front of the lot. Lot Ground Level. 1. For a building having wall abutting (that i, generally parallel to and not more than five feet from) one treet only, mean the elevation of the idewalk at the center of the wall abutting the treet; 2. For a building having wall abutting more than one treet, mean the average of the elevation of the idewalk at the center of all wall that face treet; and 3. For a building having no wall abutting a treet, mean the average level of the ground adjacent to the eterior wall of the building. Lot, Recorded. A lot deignated on a ubdiviion plat or deed, recorded in the Noble County Recorder' Office. Lot Width. The ditance between the ide lot line a meaured on the building line. Maneuvering Aile. A maneuvering pace which erve two or more parking pace, uch a the area between two row of parking pace and/or the driveway leading to thoe pace. Maneuvering Space. An open pace in a parking area which: 1) i immediately adjacent to a parking pace; 2) i ued for and/or i neceary for turning, backing or driving forward a motor vehicle into uch parking pace, but 3) i not ued for the parking or torage of motor vehicle. Manufactured Home. A inglefamily dwelling unit deigned and built in a factory, intalled a a permanent reidence, which bear a eal certifying that it wa built in compliance with the federal Manufactured Houing Contruction and Safety Standard Law (1974 (U.S.C et eq.), and which alo complie with the following pecification: 1. hall have been contructed after January 1, 1981 and mut eceed nine hundred fifty (950) quare feet of occupied pace per I.C. 3674(d); 2. i attached to a permanent foundation of maonry contruction and ha a permanent perimeter encloure contructed in accordance with the One and Two Family Dwelling Code; 3. ha wheel, ale and towing chai removed; 4. ha a pitched, hingled roof with a minimum rie of 2/12; and, 5. conit of two (2) or more ection which, when joined, have a minimum dimenion of 20' 47.5' in length or width encloing occupied pace. 6. ha aluminum, vinyl, or wooden iding. Manufactured Houing Subdiviion. A parcel of land platted for ubdiviion and deigned or intended for lot to be conveyed by deed, or rented, to individual owner or renter for the occupancy of manufactured houe.

21 Marquee or Canopy. A permanent roof-like tructure that project from the wall of a building and overhang the public way. Medical Office. Any building or portion of a building ued or intended to be ued a an office for the practice of any type of medicine including chiropractic medicine, dentitry or optometry. Mineral Etraction. (1) mining or quarrying; and (2) removal of earth material. Mobile Home. Any vehicle without motive power deignated by the manufacturer or maker with hitch and undercarriage to permit attachment of ale and wheel, and o deigned to permit it being ued a a conveyance upon public treet and highway and o deigned, contructed or recontructed a will permit the vehicle to be ued a a inglefamily dwelling and not qualifying under the definition of manufactured home. Mobile Home Park. Same definition decribed in IC , and including land under ingle ownerhip, not le than five (5) acre in ize on which three (3) or more mobile home are occupied a reidence. Motor Freight Terminal, Private. A building to which freight i brought by motor truck, and where freight i aembled and orted for routing for truck hipment. Nonconforming Ue. A building, tructure or ue of land eiting at the time of enactment of thi ordinance, which doe not conform to the regulation of the ditrict in which it i ituated. Occupied Space. The total area of earth horizontally covered by the tructure, ecluding garage, patio and porche and other acceory tructure. One and Two Family Dwelling Code, Indiana. The nationally recognized model building code adopted by the Indiana Department of Fire Prevention and Building Safety a mandated by Public Law 360, Act of 1971, and, which include thoe upplement and amendment promulgated by thi agency. Open Sale Lot. Land ued or occupied for the purpoe of buying, elling, toring or diplaying merchandie. Open Ue. The ue of a lot without a building, or a ue for which a building with a floor area no larger than five percent of the lot area i only incidental. Parking Area. A group of parking pace, ecluive of any part of a treet or alley, deigned or ued for the temporary parking of motor vehicle. Parking Garage. A garage, where parking but not repair are available to the public. Parking Space. An open pace ecluive of maneuvering aile and driveway for the parking of a motor vehicle. Party Wall. A wall, tarting from the foundation and etending continuouly through all torie to or above the roof, which eparate a building unit from another unit and i in joint ue by each unit.

22 Permanent Foundation. A tructural ytem for tranpoing load from a tructure to the earth at a depth below the etablihed frot line without eceeding the afe bearing capacity of the upporting oil. Permanent Perimeter Encloure. A permanent perimeter tructural ytem completely encloing the pace between the floor joit of the home and the ground, ecept for neceary opening, contructed in accordance with the One and Two Family Dwelling Code. Peron. A corporation, firm, partnerhip, aociation, organization, unit of government, or any other group that act a a unit, a well a a natural peron. Pharmacy. A retail tore engaged in the ale of precription drug, patent medicine, and urgical upplie. Plat. A map indicating the ubdiviion or reubdiviion of land filed or intended to be filed for record with the County Recorder. Planned Development. A unified development meeting the requirement for zoning approval under the proviion of Section 6 of thi ordinance. Primary Arterial. A treet intended to move throughtraffic to and from uch major attractor a central buine ditrict, regional hopping center, college and/or univeritie, military intallation, major indutrial area, and imilar traffic generator within the Town or County; and/or a a route for traffic between communitie; a major intra or intercity thoroughfare. Principal Building. A building in which the principal ue of the lot or parcel on which it i located i conducted. Standard recognized by the Indiana Department of Fire Prevention and Building Safety hall be ued to determine whether a given tructure contitute one or more building in cae where ambiguitie eit. Private Garage. A garage whoe principal ue i to houe motor vehicle for the accommodation of related dwelling unit or related buine etablihment. Private School. A chool other than a public chool. Private Camp. An area of land ued or deigned to be ued to accommodate group or organized camping partie, including cabin, tent, food ervice and recreational facilitie. Profeional Office. An office ued by member of a recognized profeion including but not limited to architect, artit, dentit, engineer, lawyer, muician, phyician, urgeon or pharmacit, and realtor or inurance agent and broker. Public Improvement. Any drainage ditch, treet, highway, parkway, idewalk, pedetrianway, tree, lawn, offtreet parking area, lot improvement, or other facility for which the local government may ultimately aume the reponibility for maintenance and operation, or which may affect an improvement for which local government reponibility i etablihed. (All uch improvement hall be properly bonded.) Public Utility. Any peron, firm or corporation duly authorized to furnih electricity, ga, team, telephone, telegraph, water or ewerage ytem and cable televiion to the public under public regulation. See Utility.