"Sale of agricultural products"means the use of land, buildings or structures, or portions thereof, where agricultural products are sold. Agricultural products may be grown on site or off site.
"Satellite dish or antenna"means an apparatus capable of receiving communications from a transmitter relay located in a planetary orbit or broadcasted 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 prekindergarten, kindergarten, elementary school, and junior and senior high schools, but excluding trade, business, or commercial schools.
"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 junkyards, dumps, or automobile or other vehicle graveyards.
"Self-storage facility"means a building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent.
"Semi-nude" or "semi-nudity"means the showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of the male or female buttocks. This definition shall include the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part.
"Semi-nude model studio"means a place where persons regularly appear in a state of semi-nudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This definition does not apply to any place where persons appearing in a state of semi-nudity did so in a class operated:
(1) By a college, junior college, or university supported entirely or partly by taxation;
By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
In a structure:
(a) Which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; and
Where, in order to participate in a class, a student must enroll at least three days in advance of the class.
"Semi tractor gas station"means any land, building, structure, or premises that is specifically made for commercial vehicles such as box trucks, semi-trucks, etc., and is used for the retail sale of vehicle fuels, oils, and accessories.
"Semi tractor wash"means a structure, or portion of a structure, containing facilities for washing one or more commercial vehicles, such as box trucks or semi-trucks, 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 commercial vehicles, whether by operator or by customer.
"Setback"means the minimum horizontal distance between the building line and a lot line or right-of-way.
"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, but shall obtain approval from the Board of Public Works and Safety for an encroachment. 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.
"Setback, established"means the average setback distance of all structures on the side of a street between two intersecting streets. Such line shall be redetermined as each successive vacant lot is proposed to be improved with a structure.
"Sexual device"means any three-dimensional object designed for stimulation of the male or female human genitals, anus, buttocks, female breast, or for sadomasochistic use or abuse of oneself or others and shall include devices commonly known as dildos, vibrators, penis pumps, cock rings, anal beads, butt plugs, nipple clamps, and physical representations of the human genital organs. Nothing in this definition shall be construed to include devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.
"Sexual device shop"means a commercial establishment that regularly features sexual devices. This definition shall not be construed to include any pharmacy, drug store, medical clinic, any establishment primarily dedicated to providing medical or healthcare products or services, or any establishment that does not regularly advertise itself or hold itself out, in any medium, as an establishment that caters to adult sexual interests.
"Sexually oriented business"means an adult bookstore or adult video store, an adult cabaret, an adult motion picture theater, a semi-nude model studio, or a sexual device shop.
"Shooting range"means an area designed and used for archery or sport shooting, including, but not limited to, sport shooting that involves the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or other similar items.
"Sidepath"means a pedestrian facility similar to a sidewalk, but wider to accommodate walkers, joggers, cyclists and strollers; usually constructed from asphalt.
"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. Religious symbols on places of worship or structures owned and operated by religious organizations are not considered a sign unless accompanied with text. Address numbers are not considered a sign.
"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, changeable copy"means a device that allows a message, graphic, or light intensity to be changed periodically using either:
(1) Physical letters, numbers, or shapes temporarily attached to a sign face; or
Electronic signals transmitted to an LED, LCD, or similar electronic display.
A changeable copy sign may also be referred to as "changeable copy." |
"Sign, construction"means a sign directing attention to construction upon the property where the sign is displayed, and bearing the name, address, sublot number, or other identifier of the contractor, subcontractor, and/or architect.
"Sign, cyclical message"means a changeable copy sign with a change rate of once every seven seconds or greater, but not greater than once every six hours (e.g., a cyclical message at a school that announces upcoming events, time and temperature). May also be referred to as a "cyclical message."
"Sign, directional device"means a sign intending to direct the safe flow of vehicular and pedestrian traffic and includes "enter," "exit," and "arrow" signs.
"Sign, election"means a temporary sign used to advertise for an election or a candidate for said election as described in IC 3-5-1-2.
"Sign, electronic changeable copy"means a cyclical message sign or changeable copy sign that allows a message to be changed every seven seconds or greater time using electronic signals transmitted to an LED, LCD, or similar electronic display.
"Sign, entryway feature"means a ground sign that identifies the entrance to a subdivision installed in common area and typically inclusive of hardscape, landscape, and other built features that portray the character of the subdivision.
"Sign face"means the surface intended for the display of information on the sign.
"Sign, flashing message"means a changeable copy sign with a change rate of less than seven seconds, including the change rate of any single pixel or light element on the sign (e.g., text that pans in and out, text that turns on and off rapidly, text that moves, and video and motion graphics). May also be referred to as a "flashing message."
"Sign, gateway"means a ground sign that identifies a nonsubdivided, commercial development, multifamily development or mobile home community.
"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, or which is illuminated by reflectors.
"Sign, manual changeable copy"means a changeable copy sign that allows a message to be changed periodically using physical letters and numbers, typically made of plastic, that affix to the sign (e.g., snap to the sign face or inserted into a channel).
"Sign, mural"means a sign painted onto the side of a wall, ground, or structure. A mural sign is regulated as a wall sign in this title. (See graphic for "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, including, but not limited to, business signs, directional signs, residential complex or subdivision signs, and illuminated signs.
"Sign, pole"means a sign that is supported by one or more poles, posts, or braces upon the ground, not attached to or supported by any structure, with a clear space in excess of six feet from the finished grade to the bottom of the sign face. (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, real estate"means a sign announcing the sale, rental, or lease of the lot where the sign is displayed, or announcing the sale, rental, or lease of one or more structures, or a portion thereof, located on such lot, and identifying the owner, realty agent, telephone numbers, or open house information.
"Sign, roof"means a sign which is erected, constructed, and maintained above any portion of the roof. (See graphic for "Sign.")
"Sign, static message"means a device that maintains the same message, graphic, or light intensity for at least six hours. May also be referred to as a "static message."
"Sign, tenant listing"means an advertising device fixed to a common area of a development for directing the public to businesses within that development.
"Sign, wall"means a sign attached to and/or integral with exterior wall or window surface of a structure, the face of which is parallel to the surface, no part of which extends above the eaves on the structure. (See graphic for "Sign.")
"Sign, wayfinding system"means a device that provides guidance to the public to prevent confusion and encourage efficient and safe directions to a destination.
"Sign, window"means a device attached to and/or integral with the window surface of a building that is visible outside, the face of which is parallel to the surface.
"Sign, yard"means an advertising device comprised of one or more legs that are pressed into the ground.
"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 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.
"Special exception"means the authorization of a use that is designated as such by this title 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.
"Specified anatomical areas"means and includes:
(1) Less than completely and opaquely covered: human genitals; pubic region; buttock; and female breast below a point immediately above the top of the areola; and
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
"Specified sexual activity"means any of the following:
(1) Intercourse, oral copulation, masturbation or sodomy; or
Excretory functions as a part of or in connection with any of the activities described in subsection
(1) of this definition.
"Specimen tree"means trees with a diameter at breast height (DBH) of 24 inches or greater.
"Sports complex"means an indoor or outdoor facility that is designed for sport activities, training, competition, games and spectating that is open to the public or open to members. Sport facilities may include ice skating rink, roller skating rink, football field, baseball diamond, soccer fields, volleyball courts, swimming pool, skate park, bicycle park, velodrome, tennis court or combinations thereof.
"Stable, commercial"means an agricultural commercial operation utilizing one or more structures for the shelter, feeding, riding, or working of horses. A commercial stable may offer boarding, riding lessons, trail rides, and similar services to the public.
"Stable, private"means an accessory use utilizing one or more accessory structures for shelter, feeding, riding, or working with horses owned by the occupants of the dwelling.
"State"means, when capitalized, the state of Indiana.
"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 structure 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 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof.
"Street"means any vehicular right-of-way that:
(1) Is an existing state, county, or municipal roadway;
Is shown upon a plat approved pursuant to law;
Is approved by other official action; or
Is 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, access"means a street within a development that provides access to lots and their users which is privately owned and maintained.
"Street, arterial"means a street with access control and restricted parking, that collects and distributes traffic to and from secondary arterials. State and federal streets and highways are considered primary arterials.
"Street, collector"means a street that is designed to carry high volumes of traffic, as depicted by the thoroughfare plan.
"Street, frontage"means a street that is parallel to and adjacent to a major thoroughfare or highway and which provides access to abutting properties.
"Street, interior"means a street within a development that provides access to lots that do not have access to a perimeter street. The hierarchical classification is not relevant.
"Street, local"means a street designed primarily to provide access to abutting properties and discourage through traffic, as depicted by the pavement management system maintained by the Angola Street Department.
"Street, private"means vehicular streets and driveways 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, freeway, or roadway purposes or subject to public easements therefor.
"Structural alteration"means any change in the supporting members of a 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:
(1) Anything constructed, installed, or placed on a lot that is fastened to a foundation or that rests on a foundation; or
Anything constructed, installed, placed or parked on a lot and used for storage, recreation, employment, commerce, occupancy, shelter, containment of animals, or aesthetic enhancement; or
Any sign constructed, installed, placed or staked on a lot; or
Any heating, ventilation, or air conditioning (HVAC) equipment constructed, installed, or placed on a lot; or
Any tower, pole or frame used to mount an antenna, light fixture, sign, weather instrument, mailbox, or sport apparatus; or
Any fence, wall, enclosure, retaining wall or raised bed garden; or
Any material (e.g., stone, gravel, cobblestones, porous pavers, asphalt, concrete, bricks, or wood) placed on the ground, or any engineered method or enhancement to the earth used to stabilize or enhance the durability of the earth for the purpose of conveying, parking or storing vehicles; or
Any permanent foundation or subgrade element that is constructed, installed, or placed on a lot; or
Any outdoor living amenity, outdoor fireplace, or fixed cooking device that is constructed, installed, or placed on a lot; or
Any above grade mechanical equipment, pump, digester, valve, fire hydrant, plumbing, pipeline, electrical equipment, substation, utility poles, cooling tower, storage tank, containment basin, or waste treatment system on a lot; or
Any subgrade waste treatment system, well, irrigation system, culvert, tile, French drain, or drain constructed, installed, or placed on a lot; or
Any manmade lake, pond, landscape pond, retention pond, detention pond, drainage swale, waterfall, or fountain constructed, installed, or placed on a lot or any man-placed boulder on a lot; or
Any manmade berm, levy, dike, dam, hill, depression on a lot; or
Any trash receptacle, dumpster, or recycling bin.
A "structure"shall not include:
(1) Anything enclosed within a building; or
A semi tractor-trailer, bus, recreational vehicle, box truck, work truck, pickup truck, passenger vehicle, motorcycle or other vehicles used for transporting people or material that is licensed, fully operable, parked on an improved surface, and that is not being used for overnight occupancy or long-term storage; or
Trees, shrubs, flowers, grass, and other living plants; or
Outdoor furniture and nonfixed cooking devices when located on a porch, patio, deck or similar outdoor living space; or
Construction material stored on site during the construction process; or
Anything specifically or partially excluded as a structure within this title.
"Structure, detached"means a structure that has no structural connection with the primary structure or any other building or structure.
"Structure height"means the vertical distance measured from the top of the structure's main floor surface (e.g., concrete slab, floor decking, dirt) to the highest point of the roof.
"Structure, primary"means any building used for occupancy, employment, or dwelling; or any structure in which the primary use of the lot on which it is situated is conducted.
"Structure, temporary"means a structure established for a limited and fixed period of time, with the intent to discontinue such structure upon the expiration of the time period.
"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 at least two smaller lots or the combination of two or more smaller lots into one lot so that, either now or in the future, the subdivider can transfer ownership, construct buildings, or establish a use other than vacant or create new building sites for leasehold, and as further defined in this title.
"Subdivision, administrative"means a process which may be approved by the Zoning Administrator by which property owners may make minor changes to their lot lines, divide large agricultural lots into smaller agricultural lots, and divide land for telecommunication facilities.
"Subdivision, major"means a process which shall be approved by the Plan Commission that legally subdivides land into four or more lots, includes a new public or private road, requests waivers, or includes a common area.
"Subdivision, minor"means a process which may be approved by the Plat Committee which legally subdivides land into no more than three lots, does not include a new road, does not request waivers, and does not include a common area.
"Substantial damage"means damage of any origin sustained by a structure whereby the cost of restoring the structure to before its damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
"Substantial improvement"means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (1) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or (2) any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
"Surety"means any form of security including a cash deposit, bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Board of Public Works and Safety.
"Swimming pool"means a self-contained body of water at least 18 inches deep and eight 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.
(Ord. 1746-2023; Ord. 1425-2012 §§ 5, 6; Ord. 1352-2010; Ord. 1286-2008; UDO § 11.02)
