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Title XV - LAND USAGE

Chapter 154: Zoning Code

154.13 DEFINITIONS

154.13 Interpretation of language

Unless the context otherwise requires the following definitions shall be used in the interpretation and construction of this Code, and words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word “used” shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used; and the word “shall” is mandatory and not directory.

154.13.01 “ACCESSORY USE OR STRUCTURE” - A use or structure subordinate to the principal use of a building or to the principal use of land, located on the same lot as such principal use and serving a purpose customarily incidental to the use of the principal building or land use.

154.13.02 “ADVISORY BOARD OF ZONING APPEALS STAFF” - The Board’s Staff shall be any member of the Department of Planning and Economic Development. (Ord. 20-1984)

154.13.03 “AGRICULTURE” - The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce raised on the premises; provided, however, that the operation of such accessory uses shall be secondary to that of normal agricultural activities and further provided that the operation of such accessory uses shall be secondary to that of normal agricultural activities and further provided that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals.

154.13.04 “ALLEY OR LANE” - A public or private way not more than twenty (20) feet wide affording only secondary means of access to abutting property.

154.13.05 “ALTERATIONS” - As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

154.13.06 “APARTMENT” - A suite of rooms or a room in a multi-family building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.

154.13.07 “APARTMENT HOTEL” - An apartment house which furnishes services for the use of its tenants which are ordinarily furnished by hotels.

154.13.08 “APARTMENT HOUSE” - See dwelling, multi-family.

154.13.09 “BASEMENT” - A story whose floor is more than twelve (12) inches but not more than half of its story height below the average level of the adjoining

grounds (as distinguished) from a “cellar” which is a story more than one-half below such level). A basement, when used as a dwelling, shall be counted as a story for purposes of height measurement, and as a half-story for purposes of side yard determination.

154.13.10 “BEGINNING OF CONSTRUCTION” - Shall mean a substantial change or alteration in the physical properties of a zoning lot or structure and where the incorporation of labor and materials upon said lot or within said structure will incur liabilities for labor and materials.

154.13.11 “BLOCK” - Property having frontage on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intersecting street and railroad right-of-way or waterway.

154.13.12 “BOARD” - The Advisory Board of Zoning Appeals for the City of Richmond, Indiana. (Ord. 74-1984)

154.13.13 “BOARDING OR LODGING HOUSE” - A dwelling or part thereof where meals and/or lodging are provided, for compensation, for five (5) or more persons not transient.

154.13.14 “BUILDING” - Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the group up, each part is deemed a separate building, except as regards minimum side yard requirements as hereinafter provided.

154.13.15 “BUILDING, HEIGHT OF” - The vertical distance measured from the average elevation of the proposed finished grade at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.

154.13.16 “BUSINESS ENTERPRISE” - The use of land or a structure for manufacturing, processing, wholesale or resale of products. Also, the provision of services to customers and/or clients. This definition is not intended to include sales permitted under Chapter 125 of this Code. (Ord. 56-1983; Ord. 54-1994)

154.13.17 “CELLAR” - A story the floor of which is more than one-half of its story height below the average level of the adjoining ground at the exterior walls of the building. A cellar, when used as a dwelling shall be counted as a story for purposes of height measurement.

154.13.18 “CERTIFICATE OF OCCUPANCY” - A document issued by the Zoning Inspector certifying that a building, structure and/or its use or the use of premises conform with the provisions of this Ordinance or, in case of a “nonconforming use” that it constitute such use under terms of this Ordinance.

154.13.19 “CLINIC, MEDICAL OR DENTAL” - A “medical or dental clinic” is a facility operated by two (2) or more physicians or dentists and other employees, and providing health services for out-patient treatment of persons suffering from injuries or from physical or mental ailments.

154.13.20 “CLUB” - A non-profit association of persons who are bona fide members organized for some common purposes and paying regular dues; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

154.13.21 “COMMISSION” - The Plan Commission of the City of Richmond, Indiana.

154.13.22 “COUNCIL” - The Common Council of the City of Richmond, Indiana.

154.13.23 “COURT” - An unoccupied open space, other than a yard, on the same lot with a building, which is surrounded wholly or in part by the walls of such building.

154.13.24 “DISTRICT” - A portion of the territory of the City of Richmond within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Ordinance.

154.13.25 “DISTRICT, MORE RESTRICTED OR LESS RESTRICTED” - Each of the districts in the following list shall be deemed to be more restricted than any of the districts succeeding it, and each shall be deemed to be less restricted than any of the districts preceding it: R-1, R-2, R-3, R-4, C-1, C-2, C-3, C-4, M-1 and M-2.

154.13.26 “DUMP” - A lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

154.13.27 “DWELLING” - Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, boarding or lodging house, motel hotel, tourist home, and except when located in an approved mobile home park, a mobile home. The length and width of any dwelling shall not be less than twenty-three (23) feet as measured at its least length and width; except when located in an approved mobile home park. (Ord. 20-1982)

154.13.28 “DWELLING, ONE-FAMILY” - A building designed for or used exclusively for residence purposes by one (1) family.

154.13.29 “DWELLING, TWO-FAMILY” - A building designed for or used exclusively for residence purposes by two (2) families living independently of each other.

154.13.30 “DWELLING, MULTI-FAMILY” - A building or portion thereof designed for or used exclusively for residence purposes by three (3) or more families living independently of each other.

154.13.31 “ESSENTIAL SERVICES” - The erection, construction, alteration or maintenance, by communication companies, public utilities, or governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment for the furnishing of adequate service by such companies, public utilities, or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.

154.13.32 “FAMILY” - A person living alone, or two or more persons living together as a single housekeeping unit, in a dwelling unit, as distinguished from a group occupying a boarding or lodging house, motel or hotel, fraternity or sorority house.

154.13.33 “FARM STRUCTURE” - Any structure utilized for agricultural operations. (Ord. 57-1997)

154.13.34 “FLOOD OR FLOODWATER” means the water of any lake or watercourse which is above the banks and/or outside the channel and banks of such watercourse. (Ord. 26-1982) (Ord. 57-1997)

154.13.35 “FLOOD HAZARD AREA” means any Floodplain, Floodway, Floodway Fringe District or any combination therefore. (Ord. 26-1982) (Ord. 57-1997)

154.13.36 “FLOOD PROOFED BUILDING” means a commercial or industrial building to exclude floodwaters from the interior of that building. All such flood proofing shall be adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regulatory flood. (Ord. 26-1982) (Ord. 57-1997)

154.13.37 “FLOOD PROTECTION GRADE” means the elevation of the lowest floor of a building or structure. If a basement is included, the basement floor is considered the lowest floor. Exceptions: If a commercial or industrial building is flood proofed as hereinafter defined, the term “flood protection grade” applies to the water surface elevation for which the building is protected. (Ord. 26-1982) (Ord. 57-1997)

154.13.38 “FLOOR AREA (FOR DETERMINING FLOOR AREA RATIO)” - For the purpose of determining the floor area ratio, the “floor area” of a building is the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. The “floor area” of a building shall include basement floor area when more than one-half (1/2) of the basement height is above the established curb level or above the finished lot grade level where curb level has not been established, elevator shafts and stairwells at each floor, floor space used for mechanical equipment, open or enclosed, located on the roof, penthouses, attic space having headroom of seven (7) feet, ten (10) inches (7’10”) or more, interior balconies, mezzanines and enclosed porches and floor area devoted to accessory use. However, any space devoted to off-street parking or loading shall not be included in “floor-area”. (Ord. 57-1997)

154.13.39 “FLOOR AREA RATIO (F.A.R.)” - The “floor area ratio” of the building or buildings or any zoning lot is the floor area of the building or buildings on that zoning lot divided by the area of such zoning lot, or in the case of planned developments, by the net site area. (Ord. 57-1997)

154.13.40 “GARAGE, PRIVATE” - A garage used for storage purposes only and having a capacity of not more than three (3) automobiles or not more than two (2) automobiles per family housed in the building to which such garage is accessory, whichever is greater. (Ord. 57-1997)

154.13.41 “GARAGE, PUBLIC” - Any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles. (Ord. 57-1997)

154.13.42 “HEALTH OFFICER” - The County Health Officer or his authorized representative. (Ord. 57-1997)

154.13.43 “HOME OCCUPATION” - An accessory use of a service character customarily conducted within a dwelling by only the residents thereof, which is clearly secondary to the use of the dwelling for living purposes, does not change the character thereof, and of which there is no exterior evidence other than a 1 ft. sq. nameplate, and which does not involve the keeping of a stock-in-trade in connection therewith. The practice of a single physician, surgeon, dentist or other professional person, including an instructor in violin, piano or other individual musical instrument limited to a single pupil at a time, who offers skilled services to clients, and is not professionally engaged in the purchase or sale of goods, shall be deemed to be Home Occupations; and the occupations of dressmaker, milliner, or seamstress, each with not more than one paid assistant shall be deemed to be Home Occupations. Dancing instruction, band instrument instruction in groups, tea rooms, tourist homes, beauty parlors, barber shops, real estate offices, convalescent homes, mortuary establishments, and stores, trades or businesses of any kind not herein excepted shall not be deemed to be Home Occupations. (Ord. 57-1997)

154.13.44 “HOSPITAL” - Unless otherwise specified, the term “hospital” shall be deemed to include sanatorium, rest home, nursing home, convalescent home and any other place for the diagnosis or treatment of human ailments or the care of humans, except a “clinic”. (Ord. 57-1997)

154.13.45 “HOTEL” - Any building or portion thereof used as a temporary abiding place for remuneration, with or without meals, containing twelve (12) or more guest rooms or suites where no provision for cooking is made in any individual room or suite, except hospitals and jails. (Ord. 57-1997)

154.13.46 “IMPROVEMENT LOCATION PERMIT” - A document issued by the Zoning Inspector authorizing buildings, structures or uses consistent with the terms of this Ordinance and for the purpose of carrying out and enforcing its provisions. (Ord. 57-1997)

154.13.47 “JUNK YARD” - Any area where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, stored, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage or salvaged house wrecking and structural steel materials and equipment; but not including establishments where such uses are conducted entirely within a completely enclosed building, and not including establishments for the sale, purchase or storage of used cars in operable condition, or storage of materials incidental to manufacturing operations. (Ord. 57-1997)

154.13.48 “KENNEL” - Any premises or portions thereof on which more than five (5) dogs, cats, or other domestic animals over four (4) months of age are kept, or on which more than three (3) such animals are maintained, boarded, bred, or cared for, in return for remuneration, or are kept for the purpose of sale. (Ord. 57-1997)

154.13.49 “LOADING SPACE” - An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access. (Ord. 57-1997)

154.13.50 “LOT” - A piece or parcel of land occupied or intended to be occupied by a principal building or group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this Ordinance and having its principal frontage on a public street. (Ord. 57-1997)

154.13.51 “LOT, CORNER” - A lot abutting upon two (2) or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees. The point of intersection of the street lines of the “corner”. (Ord. 57-1997)

154.13.52 “LOT, INTERIOR” - A lot other than a corner lot. (Ord. 57-1997)

154.13.53 “LOT, DEPTH” - The mean horizontal distance between the front and the rear lot lines measured in the general direction of the side lot lines. (Ord. 57-1997)

154.13.54 “LOT LINES” - The lines separating the lot from a street, alley, or other lots. (Ord. 57-1997)

154.13.55 “LOT LINE, FRONT” - The line separating the lot from the street or the established or proposed right-of-way line, whichever is the greater. (Ord. 57-1997)

154.13.56 “LOT LINE, REAR” - The lot line opposite and most distant from the front lot line. (Ord. 57-1997)

154.13.57 “LOT LINE, SIDE” - Any lot line other than front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line. (Ord. 57-1997)

154.13.58 “LOT OF RECORD” - A lot which is a part of a subdivision, the plat of which has been recorded in the office of the County Recorder of Wayne County, Indiana, or a lot described by metes and bounds, the description of which has been recorded in said office. (Ord. 57-1997)

154.13.59 “LOT WIDTH” - The mean horizontal width of the lot measured at right angles to its depth. (Ord. 57-1997)

154.13.60 “LOT AREA” - The computed area contained within the lot lines. (Ord. 57-1997)

154.13.61 “LOT, THROUGH” - A lot having frontage on two parallel or approximately parallel streets. (Ord. 57-1997)

154.13.62 “MAJOR HIGHWAY PLAN” - The part of the Master Plan, now or hereafter adopted by the City of Richmond, which sets forth the location, alignment, dimensions, identification and classification of existing and proposed public streets, highways and other thoroughfares. (Ord. 57-1997)

154.13.63 “MANUFACTURED HOME” means a dwelling, designed and built in a factory which bears 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.). Said manufactured home shall have been constructed after January 1, 1981, shall exceed nine-hundred fifty (950) square feet of occupied space, and shall be installed on a permanent foundation. Said manufactured home, as defined in this paragraph, shall be considered the same as the term dwelling wherever it appears in this chapter. (Ord. 20-1982; Ord. 46-1994)

154.13.64 “MASTER PLAN” - The complete plan, or any of its parts, including the Ordinance containing these zoning regulations, for the development of the City of Richmond and its environs, prepared by the Commission, and adopted in accordance with Chapter 174, Acts of 1947, General Assembly of Indiana, and all acts amendatory thereto; as are now or may hereafter be in effect. (Ord. 57-1997)

154.13.65 “MEDICAL OR DENTAL OFFICE” - A “medical or dental office” is a facility operated by one (1) physician or dentist and not more than two (2) other employees, and providing health services for out-patient treatment of persons suffering from injuries or from physical or mental ailments. (Ord. 57-1997)

154.13.66 “MOBILE HOME” means a residential dwelling unit, larger than three hundred twenty (320) square feet of occupied space, designed and built in a factory, which bears 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.). Said mobile home may be installed with or without a permanent foundation when connected to required utilities. (Ord. 20-1982) (Ord. 57-1997)

154.13.67 “MOBILE HOME PARK” - Any lot or part thereof which is used or offered as a location for two (2) or more mobile homes used for any of the purposes set forth in 154.42. (Ord. 57-1997)

154.13.68 “MOBILE HOME TIE DOWNS; SCHEDULE A” means a sufficient anchorage to resist flotation, collapse or lateral movement of any mobile home. At a minimum, such anchorage shall consist of (1) over-the-top ties be provided at each of the four (4) corners of the mobile home, with (2) additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring only one (1) additional tie per side; (2) frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four (4) additional ties per side; (3) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and (4) any additions to the mobile home be similarly anchored. (Ord. 26-1982) (Ord. 57-1997)

154.13.69 “MOTEL OR MOTOR HOTEL” - A series of attached, semi-attached or detached sleeping or living units, for the accommodation of transient guests and not customarily including individual cooking or kitchen facilities, said units having convenient access to off-street parking spaces for the exclusive use of the guests or occupants. (Ord. 57-1997)

154.13.70 “MOTOR VEHICLE REPAIR, MAJOR” - General repair, rebuilding or reconstruction of engines, motor vehicles or trailers; collision services including body, frame, or fender straightening or repair, overall painting or paint shop, vehicle steam cleaning. (Ord. 57-1997)

154.13.71 “MOTOR VEHICLE REPAIR, MINOR” - Incidental body or fender work, other minor repairs, painting and upholstering, replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half tons capacity, but not including any operation named under “Motor Vehicle Repair, Major”, or any other similar thereto. (Ord. 57-1997)

154.13.72 “MOTOR VEHICLE OR MOBILE HOME SALES AREA” - An open area, other than a street, used for the display, sale or rental of new or used motor vehicles or mobile homes in operable condition and where no repair work is done. (Ord. 57-1997)

154.13.73 “MOTOR VEHICLE SERVICE STATION OR FILLING STATION” - A place where gasoline or other motor fuel, lubricants, tires, batteries, accessories and supplies, for operating and equipping motor vehicles are sold at retail to the public and deliveries are made directly into or onto motor vehicles, incidental battery, brake, muffler and tire service, washing and polishing. (Ord. 57-1997)

154.13.74 “NATURAL RESOURCES” means the Indiana Natural Resources Commission. (Ord. 26-1982) (Ord. 57-1997)

154.13.75 “NONCONFORMING USE” - A use of a building or land legally existing at the time of adoption of this Ordinance, or any amendment thereto, and which does not conform with the use regulations of the district in which located. (Ord. 57-1997)

154.13.76 “OCCUPIED SPACE” means the total area of earth horizontally covered by the structure, excluding accessory structures such as, but not limited to, garages, patios and porches. (Ord. 20-1982) (Ord. 57-1997)

154.13.77 “PARKING AREA, PRIVATE” - An open area for the same uses as a private garage. (Ord. 57-1997)

154.13.78 “PARKING AREA, PUBLIC” - An open area, other than a street or other public way, used for the parking of automobiles or other motor vehicles and available to the public, whether for a fee, or as an accommodation for clients or customers. (Ord. 57-1997)

154.13.79 “PARKING SPACE” - An area, either within a structure or in the open, exclusive of driveways or access drives, for the parking of a single motor vehicle. (Ord. 57-1997)

154.13.80 “PLANNED DEVELOPMENT PROJECT” - A residential or commercial development on a parcel of land in single ownership and consisting of two or more buildings having any yard, court, parking or loading space in common. (Ord. 57-1997)

154.13.81 “PUBLIC UTILITY” - Any person, firm, corporation, governmental department or board, duly authorized to furnish and furnishing under state or municipal regulation to the public, electricity, gas, steam, transportation, or water. (Ord. 57-1997)

154.13.82 “RECREATIONAL VEHICLE” - Any portable vehicular structure not built to the Federal Manufactured Housing Construction and Safety Standards Law (1974 U.S.C. 5401 et seq.), designed to provide temporary living quarters for recreational, camping or travel use, including but not limited to travel trailers, collapsible trailers, truck campers, motor homes and multi-use vans. As such, they are intended for temporary residential uses and shall not be occupied outside an approved Recreational Vehicle Park. (Ord. 20-1982) (Ord. 57-1997)

154.13.83 “REGULATORY FLOOD” means that flood having a peak discharge which can be expected to be equaled or exceeded on the average of once in a one-hundred year period, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resource Commission. This flood is equivalent to a flood having a probability of occurrence of one percent in any given year. (Ord. 26-1982) (Ord. 57-1997)

154.13.84 “REGULATORY FLOOD PROFILE” means a longitudinal profile along the thread of a stream showing the maximum water surface elevation attained by the regulatory flood. (Ord. 26-1982) (Ord. 57-1997)

154.13.85 “RESTAURANT OR EATING AND DRINKING ESTABLISHMENT” - A retail establishment primarily engaged in the sale of prepared food and drinks for consumption within the principal building. (Ord. 2671-1972) (Ord. 57-1997)

154.13.86 “RESTAURANT OR EATING AND DRINKING ESTABLISHMENT WITH DRIVE-IN SERVICE” - A retail establishment designed, in whole or in part, to cater to or accommodate the consumption of food and/or drink in automobiles on the premises of such establishments, including both establishments where customers are served while remaining in their automobiles and those where customers serve themselves and may carry the food and/or drink to their automobiles to be consumed. (Ord. 2671-1972) (Ord. 57-1997)

154.13.87 “SANITARY LANDFILL” - A method disposing of non-hazardous waste refuse or material into the land without creating a nuisance or hazard to public health and safety. No sanitary landfill shall be established, operated or maintained without first obtaining the appropriate permits from the Indiana Environmental Management Board. (Ord. 129-1984) (Ord. 57-1997)

154.13.88 “SIGN” - Any writing, pictorial representation, emblem, flag or any other figures of similar character which is a structure or part thereof or is attached or painted on or in any manner represented on a building or structure; and is used to announce, direct attention to, or advertise; and is visible from outside a building. The word “sign” includes the word “billboard” but does not include the flag, pennant or insignia of any nation, state, city or other political unit, or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement, or event. Further, this definition shall not be held to include any board, sign or surface used to display any official notices issued by any court or public office or posted by a public officer in the performance of a public duty. (Ord. 57-1997)

154.13.89 “SIGN, AREA OF” - The total exterior surface computed in square feet of a sign having but one exposed exterior surface; one-half (1/2) the total of the exposed exterior surface computed in square feet of a sign having more than one (1) such surface. (Ord. 57-1997)

154.13.90 “SIGN, ADVERTISING” - A “sign” which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises where displayed or only incidentally on the premises. (Ord. 57-1997)

154.13.91 “SIGN, BUSINESS” - A “sign” which directs attention to an activity, business or profession conducted on the premises where displayed. A real estate sign advertising the sale, rental or lease of the premises on which it is maintained, institutional bulletin boards, and a professional or announcement sign accessory to a “home occupation”, or “dwelling” shall not be deemed a “business sign”. (Ord. 57-1997)

154.13.92 “STANDARD, PERFORMANCE” - A criterion established in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases and other objectionable or dangerous elements generated by and inherent in, or incidental to, certain uses and activities. (Ord. 57-1997)

154.13.93 “STORY” - 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. (Ord. 57-1997)

154.13.94 “STORY, FIRST” - The lowest story or the ground story of any building the floor of which is not more than twelve (12) inches below the average level of the adjoining ground at the exterior walls of the building; except that any basement or cellar used as a dwelling shall be deemed the first story. (Ord. 57-1997)

154.13.95 “STORY, HALF” - A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three (3) feet above the floor of such story; provided, however, that any partial story used as a dwelling shall be deemed a full story. (Ord. 57-1997)

154.13.96 “STORY, MEZZANINE” - A story which covers one-third (1/3) or less of the area of the story directly underneath it. A mezzanine story shall be deemed a full story in case it covers more than one-third (1/3) of the area of the story directly underneath it. (Ord. 57-1997)

154.13.97 “STREET” - A public right-of-way fifty (50) feet or more in width or any such right-of-way less than fifty (50) feet in width provided it existed prior to the adoption of this Ordinance which has been improved and accepted by the responsible local governmental unit for maintenance and which provides a public means of access to abutting property. The term “street” shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any other similar term. (Ord. 95-1984) (Ord. 57-1997)

154.13.98 “STRUCTURE” - Anything constructed, the use of which required permanent location on the ground, or attachment to something having a permanent location on the ground. (Ord. 57-1997)

154.13.99 “SUBSTANTIAL MODIFICATION” means any alteration, repair, enlargement or extension of an existing building. Such substantial modification is considered to occur when the first alteration of any wall, ceiling, floor or other structural element of the building commences. This term does not, however, include either (1) any project for improvement of a structure to comply with existing health, sanitary or safety code specifications, or (2) any alteration of a structure listed on the National Register of Historic Places or the Indiana State Survey of Historic, Architectural, Archeological and Cultural Sites, Structures, Districts and Objects. (Ord. 26-1982) (Ord. 57-1997)

154.13.100 “TOURIST HOME” - A building or part thereof, other than a hotel, boarding house, lodging house, resort or motel, where lodging is provided by a resident family for compensation, mainly for transients. (Ord. 57-1997)

154.13.101 “USE” - The purpose for which land or a building or structure is arranged, designed or intended, or for which either land or a building or structure is, or may be occupied or maintained. (Ord. 57-1997)

154.13.102 “USE - FIRST PERMITTED IN “X” DISTRICT” - A use which in the sequence of successively less restricted districts occurs as a permitted use for the first time in the “X” District. (Ord. 57-1997)

154.13.103 “VARIANCE” - A modification of the requirements of this Ordinance, not contrary to the public interest, granted by the Board in specific cases when warranted, in order to

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