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Sec. 24-12.  Definitions.
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Abut. Abut shall mean having a common property line or zoning district line.

Accessory building or structure. An accessory building or structure is a subordinate building or structure, including garages, or a part thereof, or a portion of a main building, the use of which is consistent with, and incidental to that of the principal building. An accessory building shall clearly be located on the lot of the principal building and shall not be used for habitation. An accessory building or structure includes:

(1) Domestic or agricultural storage in a barn, shed, tool room or similar building or other structure;

(2) Accessory radio or television towers; and

(3) Accessory satellite dish.

When "accessory" is used herein, it shall have the same meaning as accessory use.

Accessory use. An accessory use is a use which:

(1) Is conducted on the same zoning lot as the principal use to which it is related, whether located within the same or an accessory use of land, except that, where specifically provided in the applicable district regulations, accessory off-street parking or loading need not be located on the same zoning lot;

(2) Is a use which is clearly incidental to, and customarily found in connection with, such principal use; and

(3) Is either in the same ownership as such principal use, or is operated and maintained on the same zoning lot substantially for the benefit or convenience of the owners, occupants, employees, customers, or visitors of the principal use.

Acreage. Any tract or parcel of land having an area of one acre or more which has not been subdivided or platted.

Adjacent. To lie near or close to, in the neighborhood or vicinity of.

Adjoining. Touching or contiguous, as distinguished from lying near or adjacent.

ADT. Average daily traffic.

Adult entertainment establishments. Any sexually oriented business as defined in article V, division 4.

Agriculture. The use of land for farming, dairying, pasturage, agriculture, apiculture, horticulture, floriculture, viticulture, animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce, provided that:

(1) The operation of any such accessory uses shall be secondary to that of normal agricultural activity;

(2) The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within one thousand (1,000) feet of any residential zoning district;

(3) Agriculture does not include the operation or maintenance of a commercial stockyard or feedlot; and

(4) Agriculture does not include chemical storage or manufacturing associated with Agriculture.

Alley. Any dedicated minor way at the rear or side of the property affording only secondary access to the abutting property and not intended for general traffic circulation.

Alteration. A change in size, shape, occupancy, or use of a building or structure.

Alteration, material. Any change to an approved plan of any type that involves the substitution of one material, species, element, and related items for another.

Alteration, minor. Any change to an approved plan of any type that involves the revision of less than ten (10) percent of the plan's total area or approved materials.

Alteration, structural. Any change in the supporting members of a building such as bearing walls, partitions, columns, beams, girders, or any substantial change in the exterior walls or the roof.

Alteration, substantial. Any change to an approved plan of any type that involves the revision of ten (10) percent or more of the plan's total area or approved materials.

Alteration of real property. Any act by which vegetative cover or soil is removed, or soil is graded and land changed that may result in erosion or the movement of sediments, or the covering of land surfaces with impermeable material on areas totaling more than fifteen thousand (15,000) square feet.

Amusement establishment, indoor. This use includes the following types of establishments: skating rinks, bowling alleys, racquetball facilities, golf domes, pool or billiards, bingo, foosball, table tennis, shuffleboard, amusement arcades, dance halls, shooting galleries, pinball machines and video games provided for public patronage.

Amusement establishment, outdoor. This use includes, but is not limited to, theaters, raceways, music arenas, theme parks, amusement parks, miniature golf, water slides, batting cages, go-cart courses, and skateboarding courses.

Animal hospital. See veterinary hospital.

Antenna. A structure or device that is used for the purpose of collecting or transmitting signals, images, sounds, or information of any nature by wire, radio, visual, or electromagnetic waves, including, but not limited to, directional or omni-directional antennas, panels, and microwave or satellite dishes, however, antenna does not include an amateur radio station antenna with a height that complies with the height requirements of the zoning district where the amateur radio station antenna is located.

Antenna, dish-type receiving (earth station or ground station). A signal receiving device or structure, the purpose of which is to receive radio communications, television, data transmission or other signals from a satellite or satellites in earth orbit and is subject to all town ordinances relating to structures.

Antenna, radio or television transmission. A signal receiving device or structure, the purpose of which is to transmit or receive radio communications or television signals.

Art gallery. A room or structure in which original works of art or limited editions of original art are bought, sold, loaned, appraised or exhibited to the general public.

Arterial street. See street, arterials.

Assembly. This use includes taking partially completed materials and semi-finishing, finishing or packaging them for transfer to another plant, firm, or customers.

Attached dwelling. See dwelling, attached.

Auditorium. A room, hall, or building which is part of a church, theater, school, recreation building, or other building assigned to the gathering of people as an audience, to hear lectures, plays, presentations, or performances.

Automated Teller Machine (ATM). A mechanized consumer banking device operated by a financial institution for the convenience of its customers, whether outside or in an access-controlled facility.

Automobile. An automobile, truck, motorcycle, mobile home, or any other vehicle propelled or driven other than by muscular power.

Automobile repair station. A place where one of more of the following services are carried out:

(1) General repair;

(2) Engine rebuilding;

(3) Rebuilding or reconditioning of motor vehicles;

(4) Collision service, such as body, frame or fender straightening and repair, painting and undercoating of automobiles; and

(5) Accessory service, such as oil/lubrication, transmission repair, muffler service and the like.

Public parking and open lot sales are prohibited at an automobile repair station.

Automobile sales. Retail establishment that sells new automobiles, trucks, vans, recreational vehicles, trailers, motorcycles, or similar motorized transportation vehicles. The dealership may maintain an inventory of the vehicles on—site and may provide parts, service, minor repair and maintenance. Used vehicles may be sold only as part of an establishment that sells new vehicles, not as a stand-alone establishment exclusively selling used vehicles.

Automobile service center. An establishment in which the retail sale of accessories and services for automobiles are provided as the primary use, including the customary space and facilities for the installation of such commodities on or in such vehicles, but not including the space for facilities for major storage, repair, dumping, painting, refinishing and gas pumps. Public parking is not permitted in an automobile service center. Open lot sales are prohibited at an automobile service center.

Automobile service station. A place where petroleum products are stored only in underground tanks and lubricating oil or grease for operation of automobiles are offered for sale directly to the public on the premises, and including minor accessories and the servicing of automobiles, but not including major automobile repairs. The sale or storage of any motor vehicles or trailers is prohibited at automobile service stations.

Automobile wash. A building or portion of a building containing facilities for washing one or more automobiles at any one time, by using production line methods, mechanical devices, or by providing space, water, soap and equipment for the cleaning of automobiles by the operator or the customer.

Awning. A roof-like cover, temporary in nature, which projects from the wall of a building.

Banquet halls. An establishment whose principal business is the sale of food and beverages for immediate consumption by customers within the building. Restaurants serve individual or small groups, with or without reservations, while banquet halls accommodate larger groups who reserve the establishment prior to their visit. Banquet halls require food handler license.

Basement. A story partly or wholly underground. Where more than one-half (½) of its height is above the average level of the adjoining grade where the curb-level has not been established, a basement shall be counted as a story for purposes of height measurement.

Bay. See berth or bay, loading and unloading.

Bed and breakfast. A private, owner-occupied business with two (2) to ten (10) guest rooms where overnight accommodations and a morning meal are provided to transients for compensation and where the bed and breakfast inn is operated primarily as a business.

Berm. A man-made earthen mound of definite height and width used for obscuring purposes, generally constructed at a three-to-one slope.

Berth or bay, loading and unloading. The off-street area required for the receipt or distribution by vehicles of material or merchandise.

Billboard. See sign, billboard.

Block. A tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines or shore line of waterways, or corporate boundary lines of municipalities.

Block frontage. Property having frontage on one side of a street and lying between the two (2) nearest intersecting streets or railroad right-of-way, waterway, park, cemetery, bulkhead lines or other barrier.

Board of trustees. See Town Council.

Board of Zoning Appeals (BZA). The Board of Zoning Appeals of the Town of St. John, Lake County, Indiana.

Boarding or rooming house. A building originally designed for and used as a single or two-family dwelling, all or a portion of which contains lodging rooms which accommodate persons who are not members of the keeper's family. Lodging or meals or both are provided for compensation for three (3) or more, but no more than five (5) persons on any given day. This accommodation shall not be available to transients.

Buffer area. A strip of land in a nonresidential district at the point where the nonresidential district touches a residential district. Bulk and yard requirements may be included in the required buffer area.

Buffer. The area of a development which abuts the perimeter of the development and which is designed specifically to provide a buffer and visual screen to adjacent land.

Buffer or screen, solid, or opaque visual. A buffer or screen composed of a solid evergreen hedge; stone, brick, or wood fence; earth mounding; or other suitable material or any combination a minimum of six (6) feet in height. A chain link fence with or without screen slats shall only be allowed in combination with a minimum of a six-foot high solid evergreen hedge on the side of fence that abuts the adjoining property.

Buffer strip. See green strip.

Build-to-line. A line appearing on the development plan, stated as the setback dimension from the right-of-way along which a building facade must be placed.

Buildable area. The space remaining on a zoning lot after the minimum open space and setback requirements have been met.

Building. Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by exterior walls in which there are not communicating doors, windows or openings; and which is designed or intended for the shelter, enclosure, or protection of persons, animals or chattels. Any structure with interior areas not normally accessible for human use, such as gas holders, oil tanks, water tanks, grain elevators, coal bunkers, oil cracking towers, and other similar structures are not considered a building.

Building, accessory. See accessory building.

Building, attached. A building which has a common wall with an adjacent building.

Building, completely enclosed. A building separated on all sides from the adjacent open space, or from other buildings or structures, by a permanent roof and by exterior walls, pierced only windows and normal entrance and exit doors.

Building coverage. The lot area covered by the principal building and any accessory buildings with roofs and excluding accessory structures that are open to the sky.

Building, detached. A building that has no structural connection with another building.

Building, height of. The vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the roof or any projection above the roof.

Building line. The line nearest the front of and across a zoned lot, establishing the minimum open space and setback to be provided between the front line of a building or structure and the street right-of-way.

Building, nonconforming. See nonconforming building.

Building penthouses. See penthouse, building.

Building permit. A permit issued by the Town that authorized the construction, reconstruction, erection, alteration, expansion or demolition of a building or structure.

Building, principal. The main, chief, leading, primary or original building constructed on a parcel or lot, as opposed to an accessory building.

Building materials sale. A building, or portion of a building, in which the principle use is the selling of lumber or other associated building materials and supplies in bulk to contractors and the general public.

Building, semi-detached. A building which has only one party wall in common with another building.

Building, setback line. See setback line.

Building, temporary. Any building not designed to be permanently located in the place where it is or where it is intended to be placed or affixed.

Burning. Combustion, whether slow, moderate, free, or intense. All burning shall comply with regulations in the Town of St. John Fire Prevention Code and shall comply with all requirements of the Town of St. John Fire Chief.

Business establishment. A place of commercial or industrial enterprise with its furnishings and staff.

Bus lot. Any lot or land area used for the storage or layover of passenger busses or motor coaches.

Campground. Any area or tract of land used or designed to accommodate two (2) or more camping parties, including cabins, tents or other camping facilities.

Canopy. A roof like structure which projects from the wall of a building and overhangs into a public way.

Capacity in persons. The maximum number of persons that can avail themselves of the services or goods of an establishment or use at any one time, with reasonable comfort and safety.

Car wash. See automobile wash.

Carnivals, fairs, or circuses. A traveling or transportable group or aggregation of rides, shows, games or concessions or any combination thereof.

Carport. A roofed-over area attached or detached to the principal building for vehicle storage, which may be open on all sides.

Catering establishment. An establishment providing meals and/or refreshments for public or private entertainment for a fee.

Cattery. See kennel.

Cemetery. Land used or intended to be used for the burial of the human or animal remains, and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries, if operated in connection with and within the boundaries of such cemetery for which perpetual care and maintenance is provided.

Center, civic. A place, structure, area, or other facility, whether indoor or outdoor, used for and providing religious, fraternal, social, and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community.

Centerline. A line lying midway between the sidelines of a street or alley right-of-way and/or pavement.

Certificate of occupancy. A certificate signed by the Town building commissioner stating that the occupancy and usage of land or a building or structure complies with the provisions of this chapter and all applicable town codes.

Channel. A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water.

Church, temple, or place of worship. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which buildings, together with its accessory buildings and uses is maintained and controlled by a religious body organized to sustain public worship.

Clinic or medical center. An outpatient establishment where licensed physicians, surgeons, dentists or other licensed medical professionals are engaged in the practice of medicine or dentistry, operating on a group or individual basis with pooled facilities, such as coordinated laboratory, X-ray and allied departments, and the diagnosis and treatment of humans, which may include a drug prescription counter (not a drug store) for the dispensing of drugs and pharmaceutical products to the patients of said physicians, surgeons, and dentists or other licensed medical professionals.

Closed cup flash point. The lowest temperature at which a combustible liquid, under prescribed conditions, will give off a flammable vapor which will burn momentarily.

Club. A building or portion thereof, or premises owned or operated by a person for social, literary, political, educational, or recreational purposes, primarily for the exclusive use of members of their guests, but not including any organization, group or association with the principal activity of which is to render a service usually and ordinarily carried on as a business.

Club or lodge, private. A non-profit association of persons who are bona fide members paying annual dues, which owns, hires or leases a building or portion thereof, the use of such premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises provided that adequate dining room space and kitchen facilities are available. The sale of alcoholic beverages to members and their guests shall be allowed in conjunction with the operation of a dining room for the purpose of service food and meals, though such beverages may be served in a separate room or rooms, and provided that such sales of alcoholic beverages is in compliance with the applicable federal, state, county and local laws.

Collector street. See street, collector.

College or university. An institution accredited at the college level by an agency or association recognized by the U.S. Secretary of Education and legally authorized to offer at least a one-year program of study creditable towards a degree.

Commission. See Plan Commission.

Common open space. An area within any development designed and intended for the use or enjoyment of all residents of the development, or for the use and enjoyment of the public in general.

Common property. Land and/or facilities owned and/or maintained by a property owners association or with ownership in common by a condominium association in which members of the association have certain rights of usage.

Community center. A public building including one or more of the following facilities: meeting and recreation rooms, dining rooms and kitchen facilities, and family day care centers, all for the common use of residents.

Comprehensive plan. See plan, comprehensive.

Conditional use. A use of land, water, or building which is allowable only after approval by the Board of Zoning Appeals as specified in this chapter.

Conditional use permit. A permit issued by the duly designated town official, upon approval by the Board of Zoning Appeals, to allow a use other than a permitted use or special exception within the zoning district.

Condominium. Any real estate lawfully subjected to the Indiana Horizontal Property Law by the recordation of condominium instruments.

Condominium unit. An enclosed space consisting of one or more rooms occupying all or part of a floor or floors in a structure of one or more floors or stories, regardless of whether it is designed for residence, for office, for the operation of any business, or for any other type of independent use, with either a direct exit to a public street or highway or an exit to a thoroughfare or to a given common space leading to a thoroughfare, together with the undivided interest in the common elements appertaining to that unit of space.

Conforming building or structure. A building or structure which:

(1) Complies with all of the regulations of this zoning chapter or of any amendment thereto governing the zoning district where the building or structure is located; or

(2) Is designed or intended for a permitted use or special exception as allowed in the zoning district in which it is located.

Construction. The placing of construction materials, including landfill, in permanent position and fastened in a permanent manner. Where excavation, demolition or removal of an existing building has been substantially begun in preparation for rebuilding or building, such excavation, demolition or removal shall be deemed construction.

Construction, commencement of. The date that a building permit is issued.

Construction facility, temporary. Temporary buildings or structures incidental to construction operations used during construction development.

Contiguous. Abutting or adjoining.

Contractor's equipment storage yard. A space used to store, service, or house building related products and equipment.

Convalescent or nursing home. See nursing home.

Convenience store. See store, convenience.

Corner lot. See lot, corner.

Council. See Town Council.

County. Lake County, Indiana.

Court. An open, unoccupied space on the same lot with a building or group of buildings and bounded on three (3) or more sides by such building or buildings. The width of any court is its least horizontal dimension measured between opposite walls. The length of any court is its greatest horizontal dimension measured at right angles to its width.

Covenant. A recorded document restricting and/or requiring certain actions by the owner at the time of recording.

Cul-de-sac. See street, cul-de-sac.

Curb cut. Lowering the grade level to allow motorized vehicular ingress to and egress from property.

Curb level. The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the "curb-level" shall be the average of the levels of the curbs at the center of the front of each street. Where no curb elevation has been established, the man level of the land immediately adjacent to the building shall be considered the "curb level".

Curb line. A line located on either edge of the roadway, but within the right-of-way line.

Data processing and analysis facility. Facility where electronic data is processed by employees, including, without limitation, data entry, storage, conversion or analysis, subscription and credit card transaction processing, telephone sales and order collection, mail order and catalog sales, and mailing list preparation.

Day care/nursery center. A facility which is used by a person licensed by a department of state or local government to provide for the care and maintenance of children other than his or her own family and the children of close relatives, during a portion of the day.

Day spa. An establishment that provides manicures, pedicures, hair styling, makeup guidance, and related services, but does not offer massage services.

Day spa with massage. An establishment that offers both day spa services and massage services.

Decibel. A unit of measurement of the intensity (loudness) of sound. Sound level meters, which are employed to measure the intensity of sound, are calibrated in decibels.

Density, gross. The number of dwelling units per acre of the total land to be developed, including public rights-of-way.

Density, net. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses, excluding public rights-of-way and other public sites.

Detached structure. A structure surrounded by open space on a single lot.

Depth of lot. See lot, depth.

Depth of yard. See yard, depth.

Development. Any man-made change to improved or unimproved real estate including, but not limited to, the following:

(1) Construction, reconstruction, or placement of a building or any addition to a building;

(2) Installing a manufactured home on a site, preparing a site for a manufactured home or installing a recreational vehicle on a site for more than one hundred eighty (180) days;

(3) Installing utilities, erection of walls or fences, construction of roads, or similar projects;

(4) Construction of flood control structures such as levees, dikes, dams, channel improvements, and related;

(5) Mining, dredging, filling, grading, excavation, or drilling operations;

(6) Construction and/or reconstruction or bridges or culverts;

(7) Storage of materials; or

(8) Any other activity that might change the direction, height, or velocity of flood or surface waters.

The term does not include activities such as the maintenance of existing buildings and facilities including painting and re-roofing; resurfacing roads; or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent buildings.

Development plan. A specific plan for the development of real property that is submitted for Plan Commission approval showing proposed facilities and structures. This plan review includes general landscaping, parking, drainage, erosion control, signage, lighting, screening, utilities and building information for a site. A development plan may include only parcels that are contiguous and not separated by the right-of-way of any highway in the state highway system.

Development requirements. Development standards, plus any additional requirements specified in this chapter which must be satisfied in connection of the approval of a subdivision or development plan.

Dish. That part of the receiving station shaped like a saucer or dish. See also dish type receiving antenna.

District. A section of the Town for which uniform zoning regulations govern the use, height, area, size, and intensity of use of buildings and land and open spaces around buildings as established by this chapter.

Dog run. Fenced in area for a dog.

Drain. See regulated drain.

Drive-in establishment. A business establishment so developed that its retail or service character is dependent upon providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure, and to provide self-service for patrons.

Drive-in restaurant or refreshment stand. See restaurant, drive-through.

Driveway. A right-of-way providing access to a parking area or residence.

Dry cleaning establishment with on-site plant. An establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry with an on-site plant and the maintenance or operation of any laundry or dry cleaning equipment on the premises.

Dry cleaning establishment without on-site plant. An establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry without an on-site plant.

Dwelling. A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, including one-family dwelling units, two-family dwelling units, and multiple-family dwelling units, but not including hotels, motels, boarding, or lodging houses.

Dwelling, attached. A dwelling joined to two (2) or more dwellings by party walls or vertical cavity walls, and above ground physically unifying horizontal structural elements.

Dwelling, detached. A dwelling that contains one dwelling unit, which is developed with open yards on all sides and is not attached to any other dwelling or building.

Dwelling, duplex. A dwelling which is part of two (2) dwellings that are joined together with a party wall or vertical cavity wall, and above ground physically unifying horizontal structural elements, each having front and rear yards and entrances.

Dwelling, modular home. A detached residential dwelling unit designed for transportation, after fabrication, on streets or highway on flatbed or other trailers, arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking, assembly operations, permanent anchorage to the foundation and connection to utilities.

Dwelling, town house. A dwelling which is part of two (2), but no more than four (4) dwellings that are joined together with a party wall or vertical cavity wall, and above ground physically unifying horizontal structural elements, each having front and rear yards and entrances.

Dwelling unit. Two (2) or more rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure and containing independent cooking, sanitary and sleeping facilities.

Dwelling unit, multiple family. A multi story building on a lot designed and used exclusively as a residence for two (2), but no more than four (4) dwellings for families living independently of one another.

Dwelling unit, single-family. A building on a lot designed and occupied exclusively as a residence for one family.

Dwelling unit, two-family. A building on a lot designed and occupied exclusively as a residence for two (2) families.

Dump. Land, or a 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.

Easement. A right of use or privilege, in land, acquired from an owner, which at the same time restricts the rights of use or privilege of the owner. The types of easements include: ingress/egress easements to traverse property, utilities, such as publicly regulated utilities and drainage easements granted to the Town or to Lake County.

Educational institution. Public, parochial, charitable, or non-profit junior college, college, or university, other than trade or business schools, including instructional and recreational areas, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees.

Enlargement. An addition to the floor area of an existing building, an increase in the size of any other structure, or an increase in that portion of a tract of land occupied by an existing use. To enlarge is to make an enlargement.

Entertainment. Dancing to music provided either by mechanical means or by live musicians, live performances by musicians and other live presentations by individuals from the performing arts, excluding adult entertainment establishments.

Essential services. The erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface, or overhead gas, electrical, steam, fuel or water transmission, or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals and hydrants, in connection herewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety, or welfare.

Excavation. Any breaking of ground, except common household gardening and ground care or soil removal for building construction, below existing or established contiguous street grades for the removal of soil, earth, sand, rock or other such material.

Existing conditions plan. A site plan that describes the general conditions of a property and any distinguishing features such as roads, building footprints, site grades/topography, trees and other natural elements such as water bodies, wetlands, etc.

Extension. An increase in the amount of existing floor area used for an existing use, within an existing building. To extend is to make an extension.

Facade. The entire building front, or any other face of a building if on a street or court given special architectural treatment.

Face brick. Means a substance with a minimum of a three and one-half (3½) inch depth made from natural cut stone or clay molded into oblong rectangle shapes and fired in a kiln.

Facility, assisted living. Housing wherein limited health care is provided for the aged.

Facility, health and fitness. A place providing space for exercise and physical fitness, although not necessarily under the supervision of a physical therapist.

Facility, independent living. A multiple family dwelling with occupancy limited to persons fifty-five (55) years of age or older; however if two (2) persons occupy a unit at least one shall be fifty-five (55) years of age or older.

Facility, nursing home or skilled nursing facility. See nursing home.

Family. Any number of individuals related by blood, marriage, or legal adoption, or a group of not more than three (3) adults (persons sixteen (16) years of age or older) not related by blood or by marriage, and their dependent children, living together on the premises in a dwelling unit.

Farm. Any tract of land used for the raising of agricultural products, forest products, livestock or poultry, and including facilities for the sale of such products from the premises where produced.

FEMA. Federal Emergency Management Agency.

Fence. A structure partially or completely surrounding a part of or the whole of a zoning lot which is intended to prevent intrusion from without and straying from within the area controlled, but not including a hedge or other natural growth.

Filling station. See automobile service station.

Financial institution. This use includes establishments whose principal use or purpose is the provision of financial services including, but not limited to, back facilities for tellers, automated teller machines, credit unions, saving and loan institutions, mortgage companies, and currency exchanges.

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land area from the overflow of inland waters.

Floodway. The channel of a river or stream in those portions of the flood plain adjoining the channel which are reasonably required to carry and discharge the flood water or flood flow of any river or stream.

Floodway fringe. That portion of a flood hazard area outside the limits of the floodway, so designated by the Federal Insurance Administration.

Flood plain. Land subject to inundation by the maximum flood of reasonable regional expectancy (one-hundred-year flood), as determined by the department of natural resources, division of water, of the State of Indiana. The flood plain includes the channel, floodway, and floodway fringe.

Floor area, gross. Area in square feet of all floors in all buildings including elevators and stairways. Measured from outside of exterior wall to outside of exterior wall and multiplied by the number of floors. Includes basements which are used in the primary function of the building.

Floor area, net. The area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts, hallways, foyers, and courts. The floor area of a building or portion thereof, not provided with surrounding exterior walls, shall be the usable area under the horizontal projection of the roof or floor above.

Floor Area Ratio (FAR). A figure expressing the maximum permissible square footage of floor area for a building on a lot. This figure is determined by dividing the total floor area of all building(s), excluding basements and covered parking, on a lot by the total area of that lot.

Food processing. The preparation, storage, or processing of food products, including activities such as bakeries, dairies, canneries, and related.

Foot-lambert. A unit of brightness, usually of a reflecting surface. A diffusion surface of a uniform brightness reflecting or emitting an equivalent of the light from one candle at one foot distance over one square foot has a brightness of one foot-lambert.

Footcandle. A unit of illumination, equivalent to the illumination of all points which are one foot distant from a uniform point source of one candle power.

Freight terminal. A building or area in which freight brought by motor truck or railroad freight cars is assembled or stored for routing in intra-state shipment by motor trucks or railroad freight cars.

Frequency. The number of oscillations per second in a sound wave, measuring the pitch of the resulting sound.

Front lot line. See lot line, front.

Front yard. See yard, front.

Frontage. That portion of a lot line abutting a public street measured along the street line.

Frontage street. See street, frontage.

Funeral home or mortuary with crematorium. An establishment providing services such as preparing the human dead for burial and arranging and managing funeral, and may include limited caretaker facilities and crematoriums.

Funeral home or mortuary without crematorium. An establishment providing services such as preparing the human dead for burial and arranging and managing funeral, and may include limited caretaker facilities.

Garage, bus. Any building used or intended to be used for the storage of one of more passenger motor buses, or motor coaches, used in public transportation, including school buses.

Garage, public. A building other than a private garage, used for the care, servicing and sale of automobile supplies, or where motor vehicles are parked or stored for remuneration, hire or sale within the structure, but not including trucks, tractors, truck trailers and commercial vehicles exceeding one and one-half (1½) tons capacity.

Garage sale. See sales, rummage.

Garage, storage. See garage, public.

Garage, service. See automobile repair station and automobile service station.

Garage, truck. A building which is used or intended to be used for the storage of motor trucks, truck trailers, tractors and commercial vehicles exceeding one and one-half (1½) tons capacity. Used for the care, servicing and sale of truck supplies, or where trucks are parked or stored for remuneration, hire or sale within the structure.

Gasoline service station. See automobile service station.

Glare. The brightness of a light source, which causes annoyance, discomfort or loss of visual performance.

Golf course. Public, semi-public or private grounds over which the game of golf is played, including accessory buildings and land uses incidental thereto.

Grade. The average level of the finished surface of ground adjacent to the exterior walls of a building.

Greenbelt. A strip of land along U.S. 41 or along Route 231 of definite width and location reserved for the planting of shrubs and/or trees to serve as an obscuring screen or buffer strip in carrying out the requirements of this chapter.

Green strip. A solid planting strip composed of grass and evergreen shrubs.

Ground area. Gross area of parcel of land.

Ground floor area. The square foot area of a residential building within its largest outside dimensions computed on one horizontal plane above the ground level, exclusive of open porches, breezeways, terraces, garages, and exterior stairways.

Group home. See residential care home.

Half street. See street, half.

Helicopter pad. A level surface designed to accommodate the landing and taking off of helicopters.

Heliport. A facility or land area with navigation devices for the takeoff and landing of helicopters with or without services available for aircraft.

Home occupation. A gainful occupation conducted by members of the family only, within their place of residence provided that no article is sold or offered for sale on the premises except such as is produced by such occupation, that no stock in trade is kept or sold, that no mechanical equipment is used other than such as is permissible for purely domestic purposes and that no persons other than a member of the immediate family living on the premises is employed. Such occupation shall not produce offensive noise, vibration, smoke, dust, odors, heat, or glare.

Hospital. Any institution, place, building, or agency represented and held out to the general public as ready, willing and able to furnish care, accommodations, facilities and equipment for the use, in connection with the services of a physician, of persons who may be suffering from deformity, injury, or disease, or from any other condition, from which medical and surgical services would be appropriate for care, diagnosis, or treatment. Hospital does not include institutions operating solely for the treatment of insane persons, drug addicts, alcoholics, or other types of cases necessitating restraint of patients, and does not include convalescent, nursing, shelter care, or boarding homes.

Hospice. An establishment that provides palliative care and attends to the emotional and spiritual needs of terminally ill patients.

Hospital, animal. See animal hospital.

Hotel, motel, inn. An establishment containing lodging accommodations designed for use by transients, or travelers or temporary guests. Facilities provided may include maid service, laundering of linen used on the premises, telephone and secretarial or desk service, restaurants, cocktail lounges and meeting rooms.

House trailer. See mobile homes.

Illegal use. Any use, whether of a building or other structure, or of a tract of land, in which a violation of any provision of this chapter has been committed or exists.

Illumination. Artificial light that shall not be blinking, fluctuating, or moving.

Impervious surface. Any hard-surfaced, man-made area that does not readily absorb or retain water, including, but not limited to, concrete, asphalt, brick, stone, terrazzo, tile, pavers and aggregate used for dwellings, garages, driveways, walkways, decks, porches, terraces, patios, swimming pools, and sports courts.

Improvement. Any change in use, any major exterior remodeling of a structure or grounds, any addition to a structure or parking area, or any interior remodeling of over thirty (30) percent of the gross square footage of a structure. See also construction, development and alteration.

Industrial park. A unified development designed to accommodate a community of compatible and non-nuisance types of industry.

Industrial waste or reclamation facility. Any facility used for the storage, transportation, reclamation, or disposal of any waste classified as hazardous or toxic by the United States Environmental Protection Agency in the State of Indiana.

Industrial use, general. Manufacturing, processing, extraction, heavy repairing, dismantling, storage, or disposal of equipment, raw materials, manufactured products or waste, in which operations other than transportation may be performed in either open or closed areas. See also manufacturing, light and manufacturing, heavy.

Inspector. Any town employee working under the authority and direction of the Town Manager pursuant to this chapter or any other town ordinances.

Institution. Any non-profit organization established for public, charitable, educational, or religious purposes such as church, college or university, hospital, or school.

Interior lot. See lot, interior.

Intermittent. Stopping or starting in intervals of ten (10) or more per minute.

Junk. Any worn-out, cast off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use and causes a nuisance.

Junk yard. Any lot, building, structure, enclosure, premises, or parts thereof, used for the storage, keeping or abandonment of any worn-out, cast off, or discarded or abandoned article, material, vehicle, automobile, machinery or parts thereof, which is ready for destruction, or has been collected or stored for salvage or conversion to some use, including scrap metal, paper, wood, cordage or other waste or discarded materials, articles, vehicles, automobiles that are inoperable or incapable of movement by their own locomotion or power, or vehicles or automobiles without a valid current state registration and license plate issued to said vehicle or automobile and to the occupant, owner, purchaser, lessor, lessee, of any lot, building, or structure therein or thereon situated.

Kennel or cattery. Any lot or premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling dogs or cats. Six (6) or more dogs or cats owned, harbored, possessed, cared for or kept in custody of any person shall be construed and constitute a kennel.

Laboratory, industrial. See research laboratory.

Laboratory, medical. A place for gathering, sampling, handling, processing, observing, and testing human tissue, blood, and other similar items.

Lake or pond, artificial. A manmade body of water of five thousand (5,000) square feet or greater in area.

Lambert. 1/929th of a foot-lambert, usually used to designate intrinsic brightness of light sources.

Landscaping for signs. Any material used as a decorative feature, such as concrete bases, planter boxes, pole covers, decorative framing, and shrubbery or planting materials, used in conjunction with a sign but does not contain advertising copy.

Landscaping. The improvement of a lot with grass, berms, trees not less than two (2) inches in diameter, shrubs, and bushes no smaller than two (2) feet in height and flowerbeds, wood chips, retaining walls or other vegetation. Landscaping may include retention ponds, ornamental objects such as fountains, statues, and other similar natural or artificial objects designed and arranged to produce an aesthetically pleasing effect.

Lane. See street, lane.

Laundromat. A business that provides coin-operated, self service type washing, drying, dry-cleaning and ironing facilities, providing that no more than four (4) persons, including owners, are employed on the premises, and that no pick-up or delivery service is maintained.

Legal drain. See regulated drain.

Legal nonconforming sign. See sign, legal nonconforming.

Legislative body. See Town Council.

Level. That portion of a building included between the surface of the floor above it or if there is no floor above, the space between the floor and the ceiling next above it. Any portion of a story exceeding fourteen (14) feet in height shall be considered as an additional story for each fourteen (14) feet or fraction thereof.

Library. A public facility for the use, but not for the sale, of literary, reference, artistic, and musical materials.

Licensed day care center. A facility licensed by the State of Indiana, whether situated within the Town or not, that provides care, training, education, custody, treatment or supervision for more than four (4) children under fourteen (14) years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility, for less than twenty-four (24) hours a day, regardless of whether or not the facility is operated for profit or charges for the services it offers.

Limited access street. See street, limited access.

Liquor store. An enclosed establishment principally engaged in selling beer, wine and liquor goods or merchandise to the public for personal or household consumption.

Live entertainment establishment. Any establishment, including, but not limited to, taverns, restaurants, and banquet halls that is utilized for live performers or patrons engaged in singing, playing musical instruments, dancing, and/or performing by live performers, employees, patrons, by mechanical or electronic means, whether indoors or outdoors and whether or not an admission fee is charged.

Loading area. A completely off-street space or berth conveniently located on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley, however, the street or alley shall not be part of the required parking space or berth or movement for parking of vehicles.

Loading space. An off-street space on the same lot with a building or group of buildings, for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

Local drain. Any drain other than a regulated drain.

Local street. See street, local.

Lodging house. See boarding, or rooming house.

Logo. Pictorial, geometric, abstract or any other type of symbol chosen by a business establishment to represent its identity.

Lot. A piece, parcel, or plot of land intended as a unit for transfer of ownership of at least sufficient size to meet minimum zoning requirements. Such lot shall have frontage on an improved public street or on an approved private street.

Lot area. The area of a horizontal plane bounded by the vertical planes through the front, side, and rear lot lines.

Lot, corner. A lot abutting two (2) or more streets at their intersection.

Lot coverage, building. The percentage of the lot area covered by the building area.

Lot coverage, impervious surface. The entire lot or parcel that can be developed by principal buildings, garages, storage areas, parking lots, decks, patios, balconies, swimming pools, sports courts, and accessory buildings.

Lot, depth of. The mean horizontal distance between the front and rear lot lines.

Lot, double frontage. A lot which has frontage on two (2) approximately parallel streets and which is not a corner lot. Front yard setbacks shall be provided on the two (2) parallel streets. Also known as a through lot.

Lot line, front. In the case of an interior lot, a line separating the lot from the right-of-way of the street, and in the case of a corner lot, a line separating the narrowest frontage of the lot from the street, except in cases where deed or plat restrictions in effect specify another street right-of-way line as the front lot line.

Lot line, rear. A lot line which is opposite and most distant from the front lot line, and in the case of an irregular or triangular-shaped lot, a line ten (10) feet in length within the lot, parallel to and at the maximum distance from the front lot line.

Lot line, side. A lot boundary line that is not a front lot line or a rear lot line.

Lot, interior. A lot other than a corner lot or through lot.

Lot lines. A property boundary line of any lot except that where any portion of the lot extends to the abutting street or alley, the lot line shall be deemed to be the street or alley line.

Lot remnant. Parcels of land remaining from subdivision, which are below minimum lot size.

Lot, through. See lot, double frontage.

Lot width. The shortest distance between side lot lines measured at the building setback line.

Lot, zoning. A tract of land located within a single block, which at the time of filing for a zoning permit, or if no zoning permit is required, at the time of filing for a certificate of occupancy, is designated by its owner or developer as a tract, all of which is to be used, developed or built upon as a unit.

Lot of record. An area of land designated and dimensioned as a lot on a plat of subdivision recorded in the office of the Lake County Recorder and which actually exists as so shown.

Lumber or building materials sales. See building material sales.

Maintenance and storage facilities. Land, buildings, and structures devoted primarily to the maintenance and storage of equipment and material.

Manufacturing. Any use in which the major activity is the treatment, processing, rebuilding or repairing or bulk storage of material, products, or items and where the finished product is not acquired by the ultimate user on the premises distinguished from a retail use, where the treatment, processing, repairing, or storage is secondary to the sale, exchange, or repairing of materials or products on the premises.

Manufacturing, light. Manufacturing or other industrial uses which are usually controlled operations and relatively clean, quiet, and free of objectionable or hazardous elements, such as smoke, noise, odor or dust, with operating and storing within the enclosed structures, and which generate little industrial traffic or nuisances.

Manufacturing, heavy. Manufacturing, processing, assembling, storing, testing, and similar industrial uses which are generally major operations and extensive in character and require large sites, open storage and service areas, extensive services and facilities, with ready access to regional transportation. Such operations normally generate some nuisances, such as smoke, noise, vibration, dust, glare, air pollution and water pollution, but not beyond the district boundary.

Manufactured home. A dwelling unit fabricated in an off-site manufacturing facility for installations or assembly at the building site and bearing a seal certifying that it is built in compliance with the national Manufacturing Housing Construction and Safety Standards Code (42 U.S.C. 54041 et seq.) and complying with the Uniform Building Code for One- and Two-Family Homes of the State of Indiana (IC 36-7-4-1100). Such manufactured homes shall contain an excess of nine hundred fifty (950) square feet of occupied space and exceed a width of twenty-three (23) feet.

Manufactured Housing Construction and Safety Standards Code. Includes Title IV of the 1974 Housing and Community Development Act (42 U.S.C. 5401 et seq.) as amended (previously known as the federal Mobile Home Construction and Safety Act), rules and regulations adopted there under which included H.U.D. approved information supplied by the home manufacturer and regulations and interpretations of said code by Indiana Administrative Building Council.

Manufactured home, underfloor space. Underfloor space means that space between the bottom of the floor joist and the earth.

Manufactured home, occupied space. Occupied space means that total area of earth horizontal covered by the structure, excluding accessory structures such as, but not limited to, garages, patios, porches, terraces, pullouts, and expansion rooms.

Manufactured housing. Any housing unit or units, factory assembled in whole or in part, designed to be transported to a construction site, and intended primarily for permanent occupancy as a residence.

Marquee. A permanent structure attached to, supported by and projecting from a building and providing protection from the weather elements, but does not include a projecting roof. A freestanding permanent, roof-like structure providing protection from the elements, such as a canopy over a service station gas pump island, is considered a marquee.

Massage services. The manipulation of tissue or body parts by rubbing, kneading, tapping with the hand or an instrument for therapeutic purposes, but not including services performed by a licensed physician, osteopath, chiropractor or physical therapist.

Master plan. The comprehensive plan, including graphic and written proposals, indicating the general location for streets, parks, schools, public buildings, and all physical development of the Town, and includes any unit or part of such plan, and any amendment to such plan or parts thereof. Such plan may or may not be recommended by the Plan Commission and/or adopted by the Town Council.

Meeting or party hall. A building designed for public assembly, containing at least one room having an area equivalent for four hundred (400) square feet per dwelling unit or two thousand four hundred (2,400) gross square feet, whichever is greater.

Micron. A unit of length, equal to one-thousandth part of one millimeter (.001 millimeter).

Mining. See excavation.

Minimum building size. The minimum square footage required for a new dwelling unit. The figure is based on the number of stories of the dwelling unit and the zoning district.

Minor street. See street, minor.

Minor structures. Any small, movable structure, such as birdhouses, pet houses, play equipment, arbors, and walls and fences not exceeding six (6) feet in height.

Mobile home. Any vehicle, including the equipment sold as a part of a vehicle, which is so constructed as to permit its being used as a conveyance upon public streets or highways by either self-propelled or not self-propelled means, which is designed, constructed, reconstructed or added to by means of an enclosed addition or room in such manner as will permit the occupancy thereof as a dwelling for one or more persons, which is both used and occupied as a dwelling having no foundation other than wheels, jacks, skirting, or other temporary supports.

Modular home. See manufactured housing.

Motel. See hotel.

Motor freight terminal. A building or area in which freight brought by motor truck is assembled or stored for routing in intra-state or inter-state shipment by motor truck.

Motor home or recreational vehicle. An automotive vehicle built on a truck or bus chassis and equipped as a self-contained traveling home or dwelling.

Motor home sales or recreational vehicle sales. A building, structure, or premises used to sell or lease mobile homes or recreational vehicles, including the service or repair of vehicles.

Motor vehicle sales lot. Any premises where two (2) or more motor vehicles are offered for sale or sold at any given time during any calendar year.

Motor vehicle wrecking yard. Any place where two (2) or more motor vehicles not in running condition or otherwise legally operable on public ways, or parts thereof, are stored in the open and are not being restored to operation, or any land, building, or structure used for wrecking or storing of such motor vehicles or parts thereof, including farm machinery stored in the open, and not being restored to operating condition.

Municipality. The Town of St. John, Lake County, Indiana.

Municipal facility. A building, structure, premises, or land, whether owned or leased, used by a local, county, state or federal unit of government.

Museum. An institution that is established for the purpose of acquiring, conserving, studying, interpreting, assembling and exhibiting to the public for its instruction or enjoyment, a collection of artifacts of historical, scientific or cultural interest.

Nameplate. A sign indicating the name and/or address of a building or the name of an occupant thereof and the practice of a permitted occupation therein.

Net floor area. See floor area, net.

Nonconforming use. A lawful use, which due to design, size or use does not conform to the use regulations of the zoning district in this zoning chapter.

Nonconforming building. A building or structure, or portion thereof, lawfully designed, erected, or structurally altered that does not conform to the development regulations of the zoning district in this zoning chapter.

Nonconforming lot. A lot of record lawfully existing at the effective date of the ordinance from which this chapter derives, or amendments thereto, which does not conform to the lot area or lot width regulations of this zoning chapter.

Non-structural repair. Any form of general maintenance performed not in conjunction with a part of the sign that is needed, or necessary, for the construction of the structure, building, or sign as a whole.

Noxious matter or material. A material which is capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physically or economic well-being of individuals.

Nursing home. An establishment for the care of children, aged, infirm or a place of rest for those suffering bodily disorders. The establishment includes spaces where people are housed and furnished with nursing care, medical care and meals, but does not provide surgical care or treatment for acute sickness or injury. This includes skilled nursing facilities, convalescent homes and rest homes, but does not include senior housing facilities or medical offices.

Nursery school. See day care/nursery center.

Nursery, garden supply or greenhouse. Land, buildings, structures, or a combination thereof, for the storage, cultivation, transplanting of live trees, shrubs or plants offered for retail sale on the premises, including products used for gardening and landscaping.

Octave band. A method of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.

Office, medical. See clinic or medical center.

Office, professional. This use includes business uses with little direct contact with customers present at the premises, which engage in the processing, manipulation, or application of business information or professional expertise. This includes, but is not limited to, accounting, insurance, investment services, computer services, architecture, engineering, legal services, real estate services, land surveyors, doctors or dentists offices, data processing and analysis facilities, utility company business offices, license bureaus, and not-for-profit agencies, but not medical clinics.

Office building. A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations not involving any equipment other than furniture and document processing and storage facilities.

Off-street parking. See parking, off-street.

Off-street parking structure. See parking, off-street structure.

Off-street parking lot. See parking, off-street lot.

One-hundred-year flood. The highest level of flood that on the average is likely to occur once every one hundred (100) years (i.e., that has a one percent chance of occurring each year).

Open space. A public or private outdoor area expressly set aside for the use and benefit of many unrelated people. The area may include, along with natural environmental features, water areas, swimming pools, tennis courts, and other recreational facilities deemed permissive. Streets, parking areas, structures, or habitations, and the like shall not be included in open space area calculations.

Open space ratio. The square footage of site's open space provided for each square foot of building floor area.

Open sales lot. A specific delineated area, not enclosed or covered, for the retail sales of goods.

Ordinance. A law set forth by governmental authority and a municipal regulation adopted by the legislative branch of the locality.

Overlay zone. An additional, secondary zoning classification which establishes additional restrictions on the use of land.

Parapet. A false front or wall extension above the roofline.

Park. A parcel of land owned by any local, county, state or federal governmental unit and used by the public principally for outside recreational activities.

Parking area. An open off-street land area, including parking spaces and access and egress drives or aisles used or required by this zoning chapter for the parking of automotive passenger vehicles of the occupants, patrons, employees, visitors for specified types of buildings or land uses, which is accessible from streets, alleys or private driveways leading to a street and in which automotive accessories, fuels and oils are not sold, automotive vehicles are not equipped, repaired, hired or sold, and on which no other business is conducted.

Parking area, private. An open, hard-surfaced area, other than a street or public way, designed, arranged, and made available for the storage of private passenger automobiles only, of occupants of the building or buildings for which the parking area is developed is accessory.

Parking area, public. An open, concrete or paved area, other than a street or public way, intended to be used for the storage of passenger automobiles, and commercial vehicles under one and one-half (1½) tons capacity, and available to the public, whether for compensation, free or as an accommodation to clients or customers.

Parking space. Space within a public or private parking area exclusive of access drives, aisles, ramps, columns or office or work areas, for the storage of one passenger automobiles under one and one-half (1½) tons capacity.

Parking, off-street. A parcel of land with a durable surfaced area, enclosed in a main building or an accessory building, or unenclosed, sufficient in size to store at least one standard automobile. Such open, unoccupied space shall be other than a street or alley, and the principal use of such parcel of the land, durably surfaced, enclosed or unenclosed, shall be for parking vehicles off the thoroughfares, within the corporate limits of the Town.

Parking, off-street parking structure. A building containing vehicular parking spaces along with the adequate drives and aisles for maneuvering and including access drives to and from streets or alleys.

Parking, off-street parking lot. A facility providing permanent, all weather surfaced vehicular parking spaces along with adequate drives and aisles for maneuvering, to provide access for entrance and exit for the parking of more than three (3) vehicles.

Particulate matter. Finely divided solid or liquid matter, other than water, which is released into the atmosphere.

Party wall. A wall starting from the foundation and extending continuously through all stories to or above the roof, which separates one unit from another and is in joint use by each unit.

Pedestrian-way. Walkway used by persons without motorized or non-motorized vehicles.

Penthouse, building. Area on a building roof with designated enclosures for mechanical equipment (such as elevator machine rooms, or heating ventilation air conditioning (HVAC) equipment).

Perimeter. Geometric shape required to enclose a sign area.

Performance bond, surety bond. An agreement by a subdivider or developer of the Town for the amount of the estimated construction cost, guarantying the completion of physical improvements according to the plans and specifications, within the time prescribed by the agreement.

Performance standard. A criteria established to control smoke and particulate matter, noise, odor, toxic or noxious matter, vibration, fire and explosion hazards, glare or heat, or radiation hazards generated by or inherent in the uses of land or buildings.

Permitted use. See use, permitted.

Person. An individual, proprietorship, partnership, corporation, limited liability company, association, organization, or other legal entity.

Personal services. Any establishment for the provision of personal services directly to the consumer at the site of the business or which receives from/returns to the consumer goods that have been treated or processed at another location. This includes, but is not limited to, shoe repair, watch repair, barber shops, beauty parlors, interior design studios, package/mailing services, photography studios, tailors, pet grooming, self service laundries and dry cleaners (with off-premises plant). This does not include retail establishments, office uses, or restaurants.

Personal storage, mini-warehouse. An enclosed storage facility containing independent, fully enclosed bays that are leased to individuals exclusively for short-term or long-term storage of nonhazardous household goods or personal property.

Phase. Any land area, whether platted or unplatted, building or buildings designated by the applicant in the final development plan application.

Place. Any building, structure or place, or any separate part or portion thereof, whether permanent or not, or the ground itself.

Place of worship. See church, temple, or place of worship.

Plan, architectural. A plan for the construction of any structure designed by a qualified registered architect.

Plan, comprehensive. A plan entitled Master Plan for St. John, IN that is a policy document which serves as a guide for the future physical development of public and private property within the Town of St. John, including the thoroughfare plan; water and sewer plan; and Parks and Recreation master plan.

Plan Commission. The Plan Commission of the Town of St. John, Lake County, Indiana.

Planned unit development. A specialized classification that includes open space, access, utilities, and related, and encourages innovations in development, more flexible use of land and services allowing greater opportunity for better housing and recreation for all citizens.

Planting strip. A section of land not less than ten (10) feet in width intended to contain plant materials for the purpose of creating a visual separation between uses or activities.

Plat. A scaled drawing indicating the boundaries of a parcel of land and/or indicating the boundaries of individual lots within the parcel.

Plat of subdivision. The map, drawing or chart on which the subdivider's plan of subdivision is presented to the Plan Commission for approval.

Plat of subdivision, preliminary. A scaled drawing indicating planned location of individual lots and other information required by the Town subdivision control ordinance.

Plat of subdivision, final. The final approved scaled drawing of a parcel and/or individual lots and other information required by the Town subdivision control ordinance.

Plumbing showroom or contractors shop. A building, or portion of a building, used by firms engaged in construction, building services or maintenance for retail sales, display of products, marketing of services, and administrative offices.

Porch. A structure, projecting out from the wall or walls of a main structure, and usually partly open to the weather.

Post office. A federal facility that houses service windows for mailing packages and letters, post office boxes, offices, vehicle storage areas, and sorting and distribution facilities for mail.

Principal building. See building, principal.

Principal use. See use, principal.

Private school. See school, private.

Private street. See street, private.

Private swimming pools. These swimming pools are permitted in residential districts only and are restricted to occupants of the principal use of the property and guest for whom no admission or membership fees are charged.

Property line. The line between any lot and contiguous lots.

Prohibited use. See use, prohibited.

Professional activities. The use of offices and related spaces for such professions services as are provided by medical practitioners, lawyers, architects, engineers and similar professions.

Professional office. See office, professional.

Public building. Any building owned, leased or held by the United States, the State of Indiana, Lake County, the Town of St. John, any special district, school district, or any other agency or political subdivision of the State of Indiana or the United States, which building is used for governmental purposes.

Public open space. Any publicly owned open area, including, but not limited to, parks, playgrounds, forest preserves, beaches, waterways, parkways and streets.

Public park. Public land which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or other similar public land within the Town which is under the control, operation, or management of the Town Park and rEcreation authorities.

Public recreation area. See public park.

Public utility facility. The erection, construction, alteration, operation, or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communications, water and sewerage services.

PUD. Planned unit development.

Railroad. All facilities owned and/or operated by a railroad, except switching facilities.

Rear lot line. See lot line, rear.

Recreational facility, indoor. This use includes active indoor recreational uses such as community centers, senior centers, any type of sports training facility, gyms, indoor tennis, and other racquet courts, indoor pools, which are enclosed in buildings and are open to all residents or to those within certain developments or neighborhoods.

Recreational facility, outdoor. This use includes outdoor active recreational purposes and may include active recreational facilities, not enclosed within a building, open to the public or operated on a membership basis, such as playing fields, outdoor pools and tennis courts, but not including sports courts.

Recreation space. Total open space minus paved areas in street, walks, and driveways, but including tennis courts, swimming pools and floor area of recreation facilities and is suitable for recreational pursuits.

Recreational vehicle (RV). A vehicle primarily designed as temporary living quarters for recreation, camping, or travel, either with its own motor power or mounted on or towed by another powered vehicle.

Registered contractor. Any person, firm or corporation registered to perform work within the limits of the Town as required by the Town Code.

Regulated drain. An open drain, a tiled drain, or a combination of the two (2) that carries surplus water and was established under or made subject to any drainage statute.

Religious institution. Any church, synagogue, mosque, temple, or other building, which is used primarily for religious worship and related religious activities.

Research activities. Research, development and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation and engineering. All research, testing, and development shall be carried on within entirely enclosed buildings and no noise, smoke, glare, vibration or odor shall be detected outside of said building.

Research laboratory. A building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products.

Reservoir standing spaces. Those off-street parking spaces allocated for temporary standing of automobiles awaiting entrance to a particular establishment.

Residential care home. A dwelling unit shared by unrelated individuals who require assistance and/or supervision and who reside together with supervisory staff in a family-type environment as a single housekeeping unit and which is licensed by the state. Residential care home shall include facilities for the developmentally disabled and/or mentally ill, but not for persons who are currently addicted to alcohol or narcotic drugs or are criminal offenders serving on work release or probationary programs.

Residential district. Any zoning district classification established by this chapter with a residential designation including the R-1, R-2, R-3, RC-1, and RC-2 zoning district classifications.

Residential use. The primary use of property for a dwelling or a platted residential district subdivision.

Restaurant. Any land, building, or part thereof, other than a boarding house, where meals are provided for compensation, including a cafe, cafeteria, coffee shop, lunch room, tearoom, and dining room and including the serving of alcoholic beverages when served with and incidental to the serving of meals.

Restaurant, drive-through. Any restaurant so developed that its character is primarily dependent on providing a driveway approach or parking spaces for motor vehicles to serve patrons while in the motor vehicle or to permit patrons to eat while in the motor vehicle, or primarily to provide self-service for patrons and food carryout.

Retail establishment. An establishment, the primary purpose of which is the sale of goods, products or materials directly to the consumer. This includes, but is not limited to, establishments that sell clothing, electronics, furniture, groceries, hardware, pets, toys, appliances, books, jewelry, office supplies and computers. It does not include restaurants or personal service establishments.

Riding stable or stable. Any place that has available for hire, boarding and/or riding instruction of any horse, pony, donkey, mule or burro; and any place that regularly buys, sells or trains the above animals, including a racetrack, trotting track or rodeo.

Right-of-way. An easement granted or acquired for roads and/or utilities in excess of actual roadway or transit way, or for future location of same.

Right-of-way line. The dividing line between a lot and a public street, legally open or officially platted by the Town, county or state, over which the owners or tenants of two (2) lots held in a single or separate ownership share the right-of-way.

Ringelmann chart. The chart described in the U.S. Bureau of Mines Information Circular 8333, on which are illustrated graduated shades of gray for use in estimating the light obscuring capacity of smoke-smoke density.

Road, frontage. A local street or road auxiliary to and located on the side of an arterial highway for service to abutting property and adjacent areas and for control of access.

Road, service. A local street or road auxiliary to and located on the side of an arterial highway for service to specific property and adjacent areas and for control of access.

Roadside stand. A permitted temporary structure designed or used for the display or sale of agricultural and related products or novelties and other items of interest to the motoring public.

Rooming house. See boarding or rooming house.

Sanitary landfill. A method of disposing of refuse or garbage by spreading and covering such refuse or garbage with earth.

Sales, rummage—private. Temporary sales of clothing and/or household items conducted only by the immediate members of one or two (2) families in a residence, garage, porch, or yard.

Sales, rummage—public. Temporary sales, conducted by a non-profit organization such as a church or club, where the members of the group bring articles or items to a central building to be sold to raise money for use by the organization.

Sandmining. See excavation.

Satellite receiving dishes and antenna. Any dish, antenna, mast, or tower used to receive or send signals including satellite dishes, amateur ham radio antenna, radio receiving antenna and television receiving antenna, excluding telecommunications antenna.

School. Any public or private educational facility including, but not limited to, child day-care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, colleges and universities, and includes the school grounds, but does not include facilities used primarily for another purpose which are only incidentally used as a school.

School, public. An institution wholly financed with tax funds which conducts regular academic instruction.

School, private. An institution not wholly financed with tax funds and mainly supported by private tuition payments which conducts regular academic instruction.

School, trade or business. School or college when not publicly owned; or when not owned or conducted by or under the sponsorship of a religious, charitable or non-profit organization; or when not accredited by an agency or association recognized by the U.S. Secretary of Education. May also include a school conducted as a commercial enterprise for teaching instrumental music, dancing, the performing arts, the visual arts, culinary arts, barbering or hairdressing, drafting, technical arts, vocational or industrial training and business/commercial schools.

Screening. A hedge, fence or wall, or any combination thereof, used to reduce visual and audible effects of adjoining uses.

Secondary street. See street, secondary.

Senior housing. Housing designed for and occupied by elderly persons, which provides living unit accommodations and may provide space for common social and recreational activities and may include food, health, and/or supportive services to maintain a resident's functional status and includes independent living facilities, assisted living facilities, and continuum of care facilities, but does not include nursing homes.

Setback. The minimum horizontal distance between the street line and the nearest point of a building or any projection thereto, including eaves, porches, and any other building projection.

Setback line. A line established by this zoning chapter for each zoning district, generally parallel with and measured from the lot or property line, defining the limits of a yard in which no buildings, other than accessory buildings, or structures, may be located above ground, except as may be provided in this zoning chapter.

Shopping center. A group of commercial establishments planned and developed, owned or managed as a unit, with off-street parking and loading provided on the premises and related in its location, size, and type of stores to the trade area which it serves.

Shopping center, community. A moderate scale shopping center designed to provide general merchandising of a limited nature, such as junior department stores, variety stores, and home furnishings in a community trade area.

Shopping center, neighborhood. A small scale shopping center designed for the sale of convenience goods and personal services in a neighborhood trade area.

Shopping center, regional. A large scale shopping center designed to provide general merchandising and opportunities to the consumer for comparison shopping in a regional trade area.

Side yard. See yard, side.

Sidewalk. That portion of the road right-of-way outside the street, which is improved for the use of pedestrian traffic.

Sign. Any words, letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or trade marks by which information is made known and which are used to advertise or promote an individual, firm, association, corporation, profession, business, commodity, or product and which is visible from any public street, highway or pedestrian way.

Sign, area of. For individual-letter signs, the area of the smallest square or rectangle that can be superimposed, to fully enclose all letters or other graphic elements and for all other signs, the gross surface area of the outside dimensions, excluding structural supports.

Sign, awning. A sign painted or otherwise applied to the surface of an awning.

Sign, banner. A sign made of cloth, fabric, paper, non-rigid plastic or similar types of material. National flags, flags of political subdivisions, symbolic flags of an institution or business, and house flags are not a banner sign.

Sign, bench. Any form of advertising located on or attached to a public or private bench, other than a manufacturer's label.

Sign, billboard. A freestanding illuminated or non-illuminated structure advertising a business, product or event not available on the premises where the structure is located.

Sign, box. A sign with featured printed matter enclosed by hairlines, a border, or white space and placed within or between text columns.

Sign, business. Any sign placed on the building or in front or on the premises to designate the name and nature of the business or profession or trades occupying the building or premises upon which the sign appears.

Sign, commercial or industrial development advertising. Any sign erected in any commercial zoning district for the purpose of advertising a development with lots or buildings for sale, rent or lease.

Sign, directional:

(1) A sign permanently erected or permitted by the Town, the county, or the state to denote the name of any thoroughfare, the route to any city, town, county or the federal government, educational institution, public building, historic place, shrine or hospital, to direct and regulate traffic, to denote any railroad crossing, bridge, ferry or other transportation or transmission company for the direction or safety of the public;

(2) A sign, notice or symbol as to the location of regular civic meetings and religious activities and services; and

(3) A sign which has only exit, entrance, or parking information and contains no form of advertising copy or the name of any advertiser.

Sign, double-faced. A sign with two (2) faces, which project in two (2) different directions.

Sign, electric. Any sign containing electric wiring which has characteristics, letters, figures, designs, faces, backgrounds, or outlines illuminated by incandescent or fluorescent lamps or luminous tubes as part of the sign proper.

Sign, fascia. Any sign attached flush to a building and no part of which extends more than sixteen (16) inches beyond the building wall or part thereof or is no longer than the horizontal face of the building.

Sign, flashing. A sign or accessory light which is illuminated on an intermittent cycle.

Sign, freestanding. See sign, ground.

Sign, ground. A sign mounted on freestanding pylons, pipes, piers, posts or other self-supporting structures which is not attached to a building and sometimes referred to as a freestanding or pole sign.

Sign, identification. A sign containing only the name and/or address of the occupant or business establishment.

Sign, illuminated. Any sign which has characters, letters, figures or outlines illuminated by electric lights, luminous tubes or any other means of internal or external illumination, other than natural light sources.

Sign, inflatable promotional device. Any inflatable shape or figure designed or used to attract attention to a business, event or location. Inflatable promotional devices shall be considered to be temporary signs under the terms of this title and subject to the regulations thereof where applicable.

Sign, legal nonconforming. Any sign legally existing at the time of enactment of this zoning chapter, which does not conform to the regulations of this zoning chapter.

Sign, mansard. A sloped roof or roof-like facade architecturally able to be treated as a building wall.

Sign, marquee. Any sign, which is suspended from or forms part of a marquee.

Sign, monument. A sign standing directly on the ground or on a solid base.

Sign, moving. A sign, which rotates, revolves, moves, or gives the visual impression of rotation or movement.

Sign, off-site. Any sign, including billboards, which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where such sign is located or to which it is affixed.

Sign, pole. See sign, ground.

Sign, portable. Any sign by nature of its construction, may be moved from one location to another.

Sign, premises. The real property upon which a sign or signs are located.

Sign, projecting. A sign, other than a flat wall sign, which is attached to and projects from a structure face.

Sign, pylon. See sign, ground.

Sign, quasi-public. A sign giving notice of events and activities sponsored by civic, patriotic, religious, or charitable organizations for noncommercial purposes, but not by a private entity or individual.

Sign, reader board. Any sign designated for manual changeable copy.

Sign, real estate. A temporary sign erected by the owner, or his agent, advertising the real estate upon which the sign is located for rent, for lease, or for sale.

Sign, residential development advertising. Any sign erected in any residential zoning district for the purpose of advertising a development with lots or houses for sale.

Sign, revolving. A sign or any part of a sign, which rotates in any manner.

Sign, roof. Any sign erected, constructed and maintained upon, or over, the roof or top of the wall, wall tower or turret of any building with the principal support on the roof structure.

Sign, temporary building. A sign erected and maintained on premises undergoing construction.

Sign, temporary. Any sign that is to be displayed for a limited time, including inflatable promotional devices.

Sign, town. A Town of St. John sign.

Sign, wall sign. Any sign attached, applied to, posted or painted on the exterior wall of any building or structure.

Sign, window. Any sign on or within twelve (12) inches of the window surface, whether permanent or temporary, that is painted, posted or displayed by any other means, in order to be visible through a window.

Single-family cluster. Single-family homes in an approved planned unit development where homes may be clustered on a portion of the site to preserve open space on the remainder of the site.

Smoke. The visible discharge from a chimney, stack, vent, exhaust, or combustion process that is made up of particulate matter and any establishment that emits smoke shall comply with all state and federal requirements in addition to any requirements of this chapter.

Sound level. The intensity of sound of an operation or use as measured in decibels.

Sound level meter. An instrument standardized by the American Standards Association for the measurement of the intensity of sound.

Special exception. A use allowable only pursuant to the terms of the zoning chapter, which because of its unique characteristics cannot properly be classified as a permitted use and where specific conditions are required to be met in the zoning district in which such special exception is sought and may only be granted by recommendation of the Board of Zoning Appeals and approval of the Town Council.

Spill. Light rays that illuminate adjoining property since they are not arranged to deflect away from the property lines. Illumination shall be directed and shielded so that it complies with the standards of article XIII.

Sports court. Improvements allowable by a special exception in any residential district, which requires the installation of an impervious surface, for the playing of any sports, including, but not limited to, basketball, tennis, volleyball, and racquetball, but does not include the installation of a basketball pole adjacent to a driveway for a residence.

Sport zoning. See zoning, spot.

Stable. See riding stable.

Station, transportation. Improvements and facilities at selected points along motor bus or railroad routes for passenger pickup, drop off, and waiting and includes shelters, benches, signs, structures, and other improvements to provide security, protection from weather, and access to nearby services.

Storage or distribution facility. A facility where goods are received and/or stored for delivery to the ultimate customer at remote locations. This includes food products distributing stations, trucking terminals, and packaging facilities.

Storage and/or warehousing, outdoor. The keeping of any goods, junk, material, merchandise or vehicles in the same place, in an unroofed and/or unenclosed area, for more than twenty-four (24) hours.

Storage shed. Any detached structure in a residential district used for any purpose provided it is not used for human occupancy and is not used as garage.

Store, convenience with or without gas sales. Retail centers that are usually open fifteen (15) to twenty-four (24) hours per day and under eight thousand (8,000) square feet in gross floor area. There shall be no repair or maintenance of vehicles. A convenience store, which includes gas sales, may incorporate a pump canopy designated and constructed with exterior finish materials and detailing consistent with its associated convenience store building.

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 is no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding fourteen (14) feet in height shall be considered an additional story for each fourteen (14) feet or fraction thereof.

Story, half. That portion of a building under a gable, hip, mansard roof, and wall plates of which on at least two (2) opposite exterior walls are not more than four and one-half (4½) feet above the finished floor of each story. In the case of one-family dwellings, two-family dwellings, and multi family dwellings less than three (3) stories in height, a half-story in a sloping roof shall not be counted as a story.

Street. A right-of-way other than an alley, dedicated or otherwise established for public use which affords the principal means of access to abutting property.

Street arterial. A street which provides for the movement of relatively heavy traffic to, from, or within the Town, has a secondary function of providing access to abutting land, has an average daily traffic count in excess of three thousand (3,000), and is designed to provide fast, efficient access between major activity centers and to provide access to major highway systems, including interstate systems.

Street, minor arterial. A system of streets and roads which link other cities, large towns and traffic generators, and provides a substantial amount of interstate and intra-county service in rural areas, or interconnects and augments with the principal arterials to provide service to trips of moderate length for intra-community continuity in urban areas.

Street, principal arterial. A system of streets and roads which serve corridor traffic movements having trip length and travel density characteristics indicative of substantial statewide or interstate travel, or connect major population centers in rural areas or serve major centers of activity and the highest traffic volume corridors with the longest trip desires in the urban areas.

Street, collector. A street which collects and distributes internal traffic within an urban area such as a residential neighborhood between arterial and local streets, which has an average daily traffic count of one thousand (1,000) to three thousand (3,000), and that provide access to arterial streets and abutting property in an efficient manner.

Street, cul-de-sac. A short street having but one end open to traffic and the other end being permanently terminated in a vehicular turn-around.

Street, dead-end. A local street open at one end only and without a special provision for vehicles turning around.

Street, elevation. The elevation of the established street in front of the building, measured at the center of such street.

Street, frontage. A street used in commercial and residential areas to provide access to collector or arterial streets when isolation to some commercial or residential areas would otherwise result and shall be bounded by permanent markers such as curbs or raised islands sufficient to clearly mark the boundaries.

Street, half. A street having only one-half (½) of its intended roadway width developed to accommodate traffic.

Street, highway. A term applied to streets and roads that are under the jurisdiction of the state department of transportation.

Street, lane. A lane has an average daily traffic count of seventy-six (76) to two hundred (200), is usually a short, branching street or cul-de-sac, and is designed to provide access to dwelling units with little or no through traffic.

Street line. A dividing line between a lot, tract, or parcel of land and a contiguous street.

Street, limited access. A street which abutting properties are denied access.

Street, local. A street that primarily provides access to abutting properties and access to higher order streets.

Street, loop. A local street with both terminal points on the same street of origin.

Street, minor. A right-of-way including place or lane, providing access from driveways to collector streets.

Street, partial. A dedicated right-of-way providing only a portion of the required street width, usually along the edge of a subdivision or tract of land.

Street, perimeter. Any existing street to which the parcel of land to be subdivided abuts on only one side.

Street, place. A street which has an average daily traffic count of seventy-five (75) or less; is usually a short street, cul-de-sac, or court; and is designed to provide direct access to dwelling units with no through traffic.

Street, private. A privately-owned street complying with all conditions of either a minor or a collector street.

Street, public. A street under the control of and maintained by a governmental unit.

Street, secondary. Street designed to facilitate the collection of traffic from feeder streets and usually located on neighborhood boundaries.

Structure. Anything constructed or erected which requires location on the ground or is attached to something having location on the ground, including, but not limited to, a fence or free-standing wall. Signs, billboards, and other advertising mediums, whether detached or projecting, are not considered a structure.

Structural alterations. See alteration, structural.

Structural repair. The removal and/or replacement of deteriorated or damaged portion of a structure or sign.

Subdivision. The division of a parcel of land into lots, parcels, tracts, units or interests, in the manner defined and prescribed by the Town subdivision control ordinance.

Swale. A long narrow trough depression that drains water during a rain storm or snow melt.

Swimming pool. An outdoor structure designed as a receptacle for water, or an artificial pool of water, having a depth at any point of more than two and one-half (2½) feet, intended for the purpose of immersion or partial immersion therein of human beings, and including all appurtenant equipment, whether such structure is built "in-ground", "above-ground", or a combination thereof.

Tavern without live entertainment. An establishment in which the principal business is the retail sale or distribution of alcoholic beverages to patrons for consumption on the premises, which may offer food to patrons, and includes bars, lounges, cabarets, and nightclubs.

Theater, indoor. A building or part of a building devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances, including, but not limited to, movie theaters and performing arts centers.

Telecommunications towers and antennas. Any ground or roof mounted pole, spire, structure or combination thereof, including supporting lines, cables, wires, braces and masts intended primarily for the purpose of mounting above ground an antenna for transmitting signals, sounds, images, data or a radio transmission or television transmission antenna, or a microwave, cellular, wireless communication antenna or similar apparatus.

Thoroughfare. A public way or public place that is included in the thoroughfare plan of the Town, including the entire right-of-way for public use of the thoroughfare and all surface and subsurface improvements on it, such as sidewalks, curbs, shoulders and utility lines and mains.

Tobacco shop. An enclosed establishment principally engaged in selling tobacco goods or merchandise to the public for personal or household consumption.

Town. The Town of St. John, Lake County, Indiana.

Town Council. The legislative body of the Town of St. John, Lake County, Indiana.

Townhouse. See dwelling, townhouse.

Tower. A ground or roof-mounted pole, spire, structure, or combination thereof taller than fifteen (15) feet, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, a meteorological device, or other similar apparatus above grade, but does not include a public utility or municipal water tower or any pole, spire, structure, or combination thereof on which an amateur radio station antenna is mounted.

Tower, radio or television transmission. Any ground-mounted pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, masts, intended primarily for the purpose of mounting a radio or television transmission antenna above ground and excluding amateur radio station antennas.

Toxic materials. A liquid, solid, or gaseous substance, which by reason of an inherent deleterious property, tends to destroy life or impair health as defined by OSHA, IOSA, Indiana Board of Health, Indiana Board of Hazardous Materials, or Environmental Protection Agency regulations.

Trade or business school. See school, trade or business.

Trailer. Any vehicle or portable structure constructed so as to permit temporary occupancy thereof for use as an accessory building or structure in the conduct of business, trade, or occupation.

Transportation facility. A location where the principle use is loading, unloading and transferring passenger rail traffic. It may include accessory uses such as newsstands, restaurants and restrooms, but does not include the handling or storage of rail freight.

Travel trailer home. Any vehicle designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight (8) feet so constructed as to permit its being used upon the public streets or highways.

Truck terminal. Any place where trucks are stored, dispatched, or where freight is brought, transferred, and dispatched by truck, including temporary storage of freight.

Use, accessory. A use which is incidental to the primary use of the premises.

Use, lawful. The use of any building, structure, or land that conforms with all of the regulations of this zoning chapter, or any amendment hereto, and which conforms with all of the codes, ordinances, and all other legal requirements, as existing at the time of the enactment of this zoning chapter, or any amendment thereto, for the structure or the land that is being examined.

Use, nonconforming. See nonconforming use.

Use, permitted. Any use which is or may be lawfully established in a particular zoning district, provided it conforms with all requirements, regulations and when applicable, performance standards of this zoning chapter for the zoning district in which such use is located.

Use, principal. The main use of land or buildings as distinguished from a subordinate or accessory use.

Use, prohibited. Any use classified as not permitted in a particular zoning district.

Use, public. Public parks, schools, administrative and cultural buildings and structures, and similar uses, as permitted by this zoning chapter.

Use, temporary. Short-term or seasonal uses which may be associated with construction projects or which are intended to sell or promote specific merchandise or products and shall include, but not be limited to, special events, outdoor seasonal sales, temporary construction facilities, residential model homes, and temporary sales offices.

Variance, developmental. An exception from the strict and specific development standards and requirements of this zoning chapter as approved by the Board of Zoning Appeals.

Variance, use. An exception to the land use requirements of this zoning chapter, as distinguished from the development standards, as recommended by the Board of Zoning Appeals and approved by the Town Council.

Vehicle. See automobile.

Veterinary hospital. Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of diseases and injuries of animals.

Vibration. The periodic displacement, measure in inches, of earth at designated frequency or cycles per second.

Video editing establishment or recording studio. A building or portion thereof used for the production, recording and editing of media programming, including audio, film and video products used in radio, television, and film industries, but does not include broadcasting stations.

Vision clearance. An unoccupied triangular space at the corner of a corner lot that is bounded by the street lines and a setback line connecting points determined by measurements from the corner of each street line.

Wading pools. An outdoor structure designed as a receptacle for water, or an artificial pool of water, having a depth at all points that is less than two and one-half (2½) feet, intended for the purpose of immersion or partial immersion therein of human beings.

Warehouse. A building used for the temporary storage of materials, supplies, or personal goods from which materials and supplies are intended for further distribution.

Waste, solid. All putrescible waste in a form other than a liquid, semi-solid or gaseous form, whether contained in any form or object, and which is not hazardous waste nor waste which contains any biological, chemical, bacteriological, radioactive or any other contaminant which may be harmful or injurious to the public health, safety or welfare of the domestic, commercial, industrial, agricultural, recreational or conservation concerns, but does not include human remains and sewage.

Water plant. A public or privately owned facility engaged in the treatment, pumping, storage, or distribution of raw or potable water.

Wetland. Land transitional between terrestrial and aquatic systems where the water table is usually at or near the surface of the land and is covered by shallow water. In order to be classified as a wetlands, one or more of the following attributes must be present: (1) at least periodically, the land supports predominantly hydrophytes; (2) the substrate is predominantly undrained hydric soil; and (3) the substrate is non soil and is saturated with water or covered by shallow water at some time during the growing season of each year.

Wholesaling facility. A facility primarily engaged in the selling and/or distributing of bulk merchandise to retailers, industrial, commercial, institutional, or professional business users, or to other wholesalers and not open to the public for retail sales and may include a transportation facility.

Wireless telecommunications service. Licensed commercial wireless telecommunications services, including but not limited to cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and other similar services that are marketed to the general public.

Yard. An open space on the same zoned lot with a principal building or group of buildings, which is unoccupied and unobstructed for its lowest level upward, except as otherwise permitted, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoned lot is located.

Yard, front. A yard extending the full width of the lot, being the minimum horizontal distance between the front lot line and the nearest part of the main building.

Yard, rear. A yard extending the full width of the lot, being the minimum horizontal distance between the rear lot line and the nearest part of the building.

Yard, side. A yard extending from the front yard to the rear yard, being the minimum horizontal distance between the nearest part of a building and the side lot line.

Zone. An area within which certain uses of land and buildings are permitted, and within which others are prohibited, yards, and other green spaces are required, lot areas, building size limits and other requirements are established, all of the foregoing being identical for the zone in which they apply.

Zoning. The legislative division of a community into segments reserved for specific uses and regulations pertaining to such uses.

Zoning Administrator. The term “Zoning Administrator” shall be applied to the Town employee appointed by the Town Council to administer and enforce the provisions of the Town Zoning and Subdivision Ordinances. The Director of Building and Planning is hereby designated as the Zoning Administrator.

Zoning board. The Board of Zoning Appeals.

Zoning districts. The districts into which the Town of St. John, Lake County, Indiana, has been divided for zoning regulations and requirements as set forth on the official zoning map.

Zoning lot. See lot, zoning.

Zoning map. The map or maps incorporated herein designating zoning districts.

Zoning ordinance. This zoning ordinance of the Town of St. John, Lake County, Indiana, as amended from time to time.

Zoning, spot. A modification of a zoning plan that affects only the use of a particular piece of property, or a small but specific area of the Town that is unrelated and inconsistent with the surrounding zoning districts.

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