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Section 2 Definitions
Explanatory Note
For the purpose of this By-Law, the definitions and interpretations given in
this Section shall govern. In this By-Law, the word ‘shall’ is mandatory and
not directory; words in the singular include the plural, words in the plural
include the singular; the word ‘used’ includes ‘arranged’, ‘designed’ or
‘intended to be used’. The word ‘occupied’ shall include ‘designed to be
occupied’ and ‘arranged to be occupied’.
General
For the purpose of this By-Law, all words shall carry their customary meaning except those
defined hereafter:
2.A
Accessory
When used to describe a use, building, structure or activity, shall mean a use,
building, structure or activity naturally or normally incidental, subordinate and
exclusively devoted to a main use, building, structure or activity and located on the
same lot therewith. (Examples of accessory buildings or structures are a detached
garage, a storage shed, a guest cabin or a swimming pool. Examples of accessory uses
are a home based business or a retail outlet within a manufacturing plant.)
Accessory Building – see Accessory
Accessory Dwelling – see Dwelling - Accessory
Accessory Structure – see Accessory
Accessory Use – see Accessory
Adverse Effects
In accordance with the Environmental Protection Act, adverse effect shall mean one or
more of:
(a) impairment of the quality of the natural environment for any use that can be
made of it;
(b) injury or damage to property or plant and animal life;
(c) harm or material discomfort to any person;
(d) an adverse affect on the health of any person;
(e) impairment of the safety of any person;
(f) rendering any property or plant or animal life unfit for human use;
(g) loss of enjoyment of normal use of property; and
(h) interference with normal conduct of business.
Municipality of Red Lake Zoning By-Law 2-1
Aggregate
Shall mean gravel, sand, clay, earth, shale, limestone, dolostone, sandstone, marble,
granite, rock other than metallic ores, asbestos, graphite, kyanite, mica, nepheline
syenite, salt, talc, wollastonite, mine tailings or other material prescribed under the
Mining Act.
Aggregate Pit
Shall mean a place where unconsolidated gravel, stone, sand, earth, clay, fill, mineral or
other material is being or has been removed by means of open excavation and includes
the processing thereof for commercial purposes including screening, sorting, wading,
crushing and other similar operations together with required buildings and structures,
but does not include a wayside pit.
Agriculture – see Agricultural Use
Agricultural Use
Shall mean the use of land, building(s) or structure(s) for:
(a) the growing of crops, including all related activities such as soil preparation,
manure or fertilizer storage and application, planting, spraying, grain drying,
irrigating, harvesting and also including the storage and sale of the crops;
(b) animal husbandry including the raising, boarding, and keeping of all forms of
livestock and fish (not including domestic animals such as dogs or cats), and all
related activities such as breeding, training, feeding, manure storage and
grazing;
(c) the production of animal products such as milk, eggs, wool, fur, or honey,
including related activities such as the collection, storage and sale of the
products;
(d) the use and storage of all forms of equipment or machinery needed to
accomplish the foregoing activities.
Agricultural use shall not be construed to include commercial activities related to
agriculture such as abattoirs, tanneries and retail sales outlets, or manufacturing and
processing activities involving farm crops or animal products such as cheese factories,
grain mills or retail seed sales, but may include the production and incidental sale of
maple syrup.
Airport or Aircraft Landing Area
Shall mean the use of land, including water, runway or other facility designed, used or
intended to be used either publicly or by any person or persons for the landing or taking
off of aircraft, including all necessary taxiways, aircraft storage, tie-down areas, hangars
and other necessary buildings, structures and open spaces.
Aisle
Shall mean the travelled way by which motor vehicles enter and depart parking
spaces.
Municipality of Red Lake Zoning By-Law 2-2
Alter
(a) When used in reference to a building, structure or part thereof, shall mean:
(i) to change any one or more of the external dimensions of such building or
structure; or
(ii) to change the type of construction of the exterior walls or roof of such
building or structures; or
(iii) to change the use of such building or structure or the number or types of
uses or dwelling units contained therein.
(b) When used in reference to a lot shall mean:
(i) to change the boundary of such lot with respect to a street or lane; or
(ii) to change any dimension or area, relating to such lot; or
(iii) to change the use of such lot or the number of uses located thereon.
(c) When used in reference to a shoreline, shall mean to change, straighten, divert
or interfere in any way with the channel of any watercourse or the lands
surrounding the high water mark of a water body.
Ambulance Facility
Shall mean a place where professional paramedics and personnel are stationed and
their vehicles and equipment are kept.
Animal Hospital
Shall mean a building or part thereof where domestic animals or household pets are
given temporary indoor shelter, accommodation and treatment and includes, without
limiting the generality of the foregoing, a veterinary facility, but does not include any
kennel or establishment engaged primarily in the retail sale of animals or in breeding or
training animals for gain or profit.
Apartment
Shall mean a dwelling unit that occupies only part of a building. Apartments may be
located in a building with other apartment dwelling units or in a building with other uses
(e.g. commercial uses).
Apartment Building – see Dwelling, Apartment Building
Area of Natural and Scientific Interest (ANSI)
Shall mean areas of land and water containing natural landscapes or features that have
been identified as having life science or earth science values related to protection,
scientific study or education.
Arena
Shall mean a building or structure, or part thereof, owned or operated by a private
club, a non-profit or charitable institution, or a public agency, where facilities are
provided primarily for athletic or recreational activities, entertainment or events. An
outdoor skating rink shall not be classified as an arena.
Municipality of Red Lake Zoning By-Law 2-3
Art Gallery
Shall mean a building, part thereof or area where paintings, sculptures or other works
of art are exhibited and/or sold.
Asphalt Plant
Shall mean an industrial facility used for the production of asphalt for immediate use in
the paving of roads and driveways and the damp-proofing of buildings or structures.
Assembly Hall – see Place of Assembly
Attached
Shall mean a building or structure otherwise complete in itself which is connected to,
and which depends for structural support, or complete enclosure, upon a division wall or
walls shared in common with an adjacent building or buildings.
Automobile Body Repair Shop
Shall mean a building or part thereof with at least one (1) service bay, where repairs or
alterations are made to the body or paint work of motor vehicles, including cars, trucks,
recreational vehicles, trailers and water vehicles, for remuneration, but shall not include
a salvage yard.
Automobile Rental Establishment
Shall mean a place that is engaged in the rental of passenger vehicles.
Automobile Repair Garage
Shall mean a building or part thereof used for the storage, repair and servicing of
vehicles, having at least one (1) service bay where repairs essential to the actual
operation of a vehicle are performed for remuneration.
Automobile Sales Establishment
Shall mean a place where new or used motor vehicles are displayed and sold at retail
or leased.
Automobile Service Station
Shall mean a place or a clearly defined space on a lot used primarily for the retail sale
of lubricating oils, gasoline, diesel fuel and propane for vehicles and may include the
sale of automobile accessories, and may include services and repairs essential to the
operation of vehicles.
2.B
Back Lot
Shall mean a lot separated from a water body or watercourse by a road and/or at least
one (1) lot that has direct frontage on a water body or watercourse.
Bakery
Shall mean a building or part thereof for producing, mixing, compounding or baking
bread, biscuits, cakes or other baked products and may include an accessory retail
store which sells goods manufactured on the premises.
Municipality of Red Lake Zoning By-Law 2-4
Bank
Shall mean an establishment in a building or part thereof where money is deposited,
kept, lent or exchanged.
Barn – see Livestock Facility
Barrier-Free Parking Space – see Parking Space, Barrier Free
Figure 2-1
Basement
Shall mean that portion
of a building which is
partly underground,
between two (2) floor
levels and which is
more than 50 percent
below the adjacent
established grade
(see Figure 2-1).
Bed and Breakfast Establishment
Shall mean an establishment accessory to the main residential use of a single
detached, semi-detached or duplex dwelling in which no more than three (3)
bedrooms or one (1) less than the total number of bedrooms in the dwelling unit,
whichever is lesser, are used to provide overnight accommodation, for profit or gain,
with or without meals, to the traveling or vacationing public.
Biofuel Plant
Shall mean an industrial facility which produces a solid, liquid or gaseous fuel from
biological material.
Bingo Hall
Shall mean a building or premise or part thereof used for bingo or a bingo event and is
duly registered under the Gaming Control Act and is in compliance with municipal by-
laws and approvals.
Boarding House, Rooming House or Tourist Home
Shall mean a building or portion thereof in which the proprietor supplies to the
travelling public, for gain or profit, lodging, meals or both, and where each guest room
does not contain kitchen or washroom facilities, but may include kitchen and/or
washroom facilities within the building. This definition shall not include a hotel, motel,
hospital, home for the young or the aged, group home, crisis housing, institution or
bed and breakfast establishment, or a restaurant accommodating the general public.
Boat House
Shall mean a structure, accessory to a main permitted use, constructed for the
purpose of storing boats and boat accessories but shall not include a dwelling.
Municipality of Red Lake Zoning By-Law 2-5
Boat Launch
Shall mean an area of land
adjacent to a water body or
watercourse that is used to
launch and remove water
vehicles from the water.
Boat launches may be Figure 2-2
public or private.
Buffer Strip
Shall mean an area of land
intended to separate two (2)
adjacent land uses of
properties from one another, and used for no other purpose than for the erection of a
fence, or the planting and maintaining of a continuous row of natural evergreens or a
continuous unpierced hedgerow of natural shrubs, and the remainder of which is to be
used for landscaped open space (see Figure 2-2).
Building
Shall mean a structure, whether Figure 2-3
temporary or permanent, consisting of
a wall, roof and floor or any of them
used or intended for sheltering any
use or occupancy, but shall not
include a fence on a boundary wall.
The word ‘building’ shall include the
whole of such structure or part thereof
and shall include any building types as
regulated by the Ontario Building
Code.
Building Envelope
Shall mean the building area on a lot,
as defined by all the required yards
and setbacks applying to such lot
and/or building or structure, within
which a building or structure can be erected (see Figure 2-3).
Building, Main
Shall mean the building or structure in which is conducted the principal use for which
the lot is used.
Building Official – see Chief Building Official
Building Supply Outlet
Shall mean a commercial place used for the wholesale or retail sale of building or
construction supplies or accessories including lumber, millwork, cement, siding, roofing,
plumbing, electrical, heating, cooling or ventilation supplies. This definition shall not
include a lumber yard or a salvage yard.
Building, Temporary – see Temporary Building
Municipality of Red Lake Zoning By-Law 2-6
Built – see Erect
Bulk Sales Establishment
Shall mean the use of land for the purpose of storing, buying and selling coal, fuel, oil,
propane, wood, lumber, building materials, ice and allied chemicals but does not include
any manufacturing, assembling or processing uses.
2.C
Call Centre
Shall mean a building or part thereof where incoming and/or outgoing calls are handled
by people, telephones and computers which are related to customer support, credit
services, card services, telemarketing, interactive voice response or similar services.
Camp (Hunt Camp, Fishing Camp)
Shall mean a building or structure intended to provide basic shelter and
accommodation on a temporary basis for persons engaged in such activities as hunting,
fishing, snowmobiling, hiking or other similar forms of recreation.
Campground
Shall mean an area used for a range of overnight camping experiences, from tenting to
serviced travel trailer sites, including accessory facilities which support the use, such as
administration offices, laundry facilities, but not including the use of mobile homes or
trailers on a year-round basis.
Campsite
Shall mean a plot or parcel of land within a campground intended for the exclusive
temporary occupancy by a recreational vehicle, tent or similar transportable
accommodation together with all yards and open space and may include on-site
services such as a fire pit, hydro, water and sewage disposal.
Car Shelter – see Temporary Shelter
Carport
Shall mean a partially enclosed structure with at least 40 percent of the total perimeter
open and unobstructed which intended or which is used for the sheltering of one (1) or
more vehicles and that is attached to a building.
Car Wash
Shall mean a building or structure, or part thereof, containing manual or automated
facilities for washing or cleaning vehicles, but does not include any other automotive
use defined herein. A car wash may be accessory to a main permitted automotive-
related commercial use (e.g. automotive service station).
Catering Establishment
Shall mean a commercial establishment in which food and beverages are prepared for
consumption off the premises and are not served to customers on the premises or for
take-out.
Municipality of Red Lake Zoning By-Law 2-7
Cellar
Shall mean the portion of a building between two (2) floors, which is partly
underground and which has more than 50 percent above the adjacent established
grade. (See Figure 2-1)
Cemetery
Shall mean land set aside to be used for the interment of human remains and includes
a mausoleum, columbarium or other building or structure intended for the interment of
human remains.
C.G.V.D
Shall mean Canadian Geodetic Vertical Datum.
Chief Building Official
Shall mean an officer or employee of the Corporation of the Municipality of Red Lake
appointed to enforce the provisions of the Building Code Act.
Chip Wagon
Shall mean a structure or a converted vehicle located on a lot where food products
and beverages are prepared and sold to the public.
Cinema – see Theatre
Clinic
Shall mean a building or part thereof that is used or intended for use by physicians,
dentists, chiropractors and/or drugless practitioners, or any two (2) or more of them, as
well as their staff and patients, for the purpose of consultation, diagnosis and office
treatment.
College – see Post-secondary Educational Institution
Commercial Greenhouse
Shall mean a commercial place used for the growing of flowers, vegetables, shrubs,
trees, and similar vegetation for wholesale or retail sale. This definition shall not include
any premises for the growing of mushrooms.
Commercial Use
Shall mean the use of land, building or structure primarily for the purpose of buying,
renting and/or selling commodities or the supplying of services for remuneration, gain or
profit directly to the public, and includes but is not limited to retail sales, entertainment
services and personal or professional services.
Commercial Zone
Shall mean the Townsite Commercial (C1), Local Commercial (C2), Shopping Centre
Commercial (C3), Highway Commercial (C4) and Tourist Commercial (C5) zones.
Communal Services – see Private Communal Sewage Services and Private
Communal Water Services
Municipality of Red Lake Zoning By-Law 2-8
Community Centre
Shall mean place used for community activities, the ownership and/or maintenance of
which is vested with the Municipality or other organization for non-commercial purposes.
Without limiting the generality of the foregoing, community centres may include parks
and open space, sports fields, skateboard parks, playgrounds, courts, gymnasiums,
places of assembly, swimming pools, facilities for indoor and outdoor recreational,
social or cultural activities.
Condominium
Shall mean a lot on which each individual unit is held in separate ownership and all
floor space, facilities, outdoor areas and other such areas used in common by all
tenants are owned, administered and maintained by a corporation created to the
provisions of the Condominium Act. A condominium may be for a residential,
commercial or industrial use.
Container – see Storage Container
Contractor’s Yard
Shall mean a place used by a building contractor or company as a depot for storage
and maintenance of equipment used by the contractor or company, and, without limiting
the generality of the foregoing, may include facilities for the administration or
management of the business and the stockpiling or storage of supplies used in the
business, but does not include activities such as the crushing of virgin or recyclable
aggregates or materials and the wholesale or retail sale of building supplies or home
improvement supplies.
Convenience Store
Shall mean a commercial establishment in a building or part thereof that sells
convenience goods and items of day-to-day personal or household use or necessity
including food, beverages, on-the-shelf pharmaceutical drugs, limited hardware
products, tobacco products, periodicals and other such products.
Corporation
Shall mean the Corporation of the Municipality of Red Lake
Conservation Use
Shall mean the use of lands which are intended to remain open in character with the
priority use given to preservation of their ecological uniqueness, wildlife production and
their natural features and may include non-commercial recreational uses only if
conservation of the resource is not jeopardized.
Cottage – see Dwelling, Seasonal
Council
Shall mean the Council of the Corporation of the Municipality of Red Lake
Coverage – see Lot Coverage
Crisis Housing
Shall mean a residence that is licensed or funded by the Province of Ontario for the
provision of short term accommodation (averaging one month or less) of 3 to 10
Municipality of Red Lake Zoning By-Law 2-9
persons, exclusive of staff, living under supervision in a single housekeeping unit and
who, by reason of their emotional, mental, social or physical condition or legal status,
require a group living arrangement for their well-being.
Cul-de-sac
Shall mean that portion of a street or lane that ends in a dead-end, and exiting the
street or lane by motor vehicle is only possible through the entrance which provides
access to the cul-de-sac.
2.D
Day Care Centre
Shall mean an establishment governed by the Day Nurseries Act that receives six (6) or
more children who are not of common parentage, primarily for the purpose of providing
temporary care, or guidance, or both temporary care and guidance, for a continuous
period not exceeding twenty-four (24) hours, where the children are,
(a) under eighteen years of age in the case of a day care centre for children with a
developmental disability, and
(b) under ten (10) years of age in all other cases.
Deck
Shall mean a structure abutting a building which is constructed on piers or a
foundation above-grade for use as an outdoor leisure area.
Detached
When used in reference to a building or structure, shall mean a building or structure
which is not dependent on any other building or structure for structural support or
enclosure.
Development
Shall mean the creation of a new lot, a change in land use, or the construction of
buildings and structures requiring approval under the Planning Act and shall be taken
to include redevelopment, but does not include activities that create or maintain
infrastructure authorized under an environmental assessment process, works subject to
the Drainage Act, or underground or surface mining of minerals or advanced exploration
on mining lands.
Dock, Floating
Shall mean a structure used for the mooring of water vehicles and airplanes and the
transferring of goods or passengers to or from a water vehicle or airplane and which is
designed to float freely on the surface of the water body and which may be secured to
the shoreline.
Dock, Permanent
Shall mean a structure used for the mooring of water vehicles and airplanes and the
transferring of goods or passengers to or from a water vehicle or airplane and which is
secured to the shoreline and/or the bottom of the water body by concrete, metal or
wood pillars or such other foundation, the design of which facilitates the construction of
a more or less permanent structure.
Municipality of Red Lake Zoning By-Law 2-10
Dormitory
Shall mean a dwelling used to provide permanent or temporary lodging
accommodation to employees of an industrial or resource-based (e.g. forestry, mining)
establishment or students attending a post-secondary educational institution, and,
without limiting the generality of the foregoing, may include such facilities as an
administrative office, cafeteria, recreational hall and living units, and where each living
unit may contain washroom and kitchen facilities.
Drinking Water System
Shall mean a system of works, excluding plumbing, that is established for the purpose
of providing users of the system with drinking water and that includes:
(a) any thing used for the collection, production, treatment, storage, supply or
distribution of water,
(b) any thing related to the management of residue from the treatment process or
the management of the discharge of a substance into the natural environment
from the treatment system, and
(c) a well or intake that serves as the source or entry point of raw water supply for
the system
Driveway
Shall mean a vehicular access connected to only one (1) public street or private road
or thoroughfare, which provides ingress to and/or egress from a lot, and may include a
shared driveway but shall not include a lane as defined herein.
Drive-through Facility
Shall mean a premises used to provide or dispense products or services through an
attendant or a window or an automated machine, to persons remaining in vehicles that
are in designated queuing space, and may be in combination with other land uses.
Dwelling
Shall mean a building, or part Figure 2-4
thereof in the case of a mixed-use
building, that is used or designed to
be occupied exclusively as a home or
residence and where one (1) or more
persons may sleep and prepare and
serve meals, but shall not include
hotels, motels, boarding houses or
institutional uses. A dwelling contains
one (1) or more dwelling units.
Dwelling, Accessory
Shall mean a dwelling that is
incidental, subordinate and
exclusively devoted to a main use
and is located on the same lot as the
main use, building or structure.
Dwelling, Apartment Building
Shall mean a building that contains
four (4) or more apartment dwelling
Municipality of Red Lake Zoning By-Law 2-11
units and that has one (1) or more common entrances from street level and may be
served by common corridors, and the occupants of such apartment building dwelling
have the right to use in common, the corridors, stairs, elevators, yards and such similar
facilities and equipment. An apartment building dwelling shall not include any other type
of dwelling defined in this By-Law.
Dwelling, Converted
Shall mean a dwelling that is altered to contain not greater than three (3) dwelling
units. Where a dwelling meets the definition of semi-detached dwelling, duplex
dwelling or triplex dwelling, such dwelling shall be classified as such and shall not be
classified as a converted dwelling. The maximum number of dwelling units in a
converted dwelling is dictated by the zone in which it is located.
Dwelling, Duplex
Shall mean a building that is divided horizontally into two (2) dwelling units, each of
which has an independent principal entrance either directly or through a common
vestibule. (See Figure 2-4)
Dwelling, Double Wide Mobile Home
Shall mean any dwelling that is designed to be made mobile and constructed or
manufactured in two (2) parts to provide a permanent residence for one (1) or more
persons, but does not include a travel trailer or trailer otherwise designed. A double
wide mobile home has a width of 6 m (19.69) or more and a length of 10 m (32.81 ft) or
more.
Dwelling, Single Wide Mobile Home
Shall mean any dwelling that is designed to be made mobile and constructed or
manufactured to provide a permanent residence for one (1) or more persons, but does
not include a travel trailer or trailer otherwise designed. A single wide mobile home has
a width not less than 3.6 m (11.81 ft) and not greater than 5.99 m (19.66 ft), and a
length not less than 10 m (32.81 ft) and not greater than 21 m (68.9 ft).
Dwelling, Modular
Shall mean a prefabricated single detached dwelling that is installed on, in the opinion
of the chief building official, a permanent foundation being so constructed or
assembled that the shortest side of such dwelling is less than 6 m (19.7 ft) in width.
This definition shall not include a mobile home which is less than 6 m (19.7 ft) wide on
its shortest side.
Dwelling, Double Wide Modular
Shall mean a prefabricated single detached dwelling that is installed on, in the opinion
of the chief building official, a permanent foundation being so constructed or
assembled that the shortest side of such dwelling is equal to or greater than 6 m (19.7
ft) in width on its shortest side.
Dwelling, Row or Townhouse
Shall mean a building consisting of a series of three (3) or more dwelling units, but not
more than eight (8) units, in a continuous row divided vertically into separate units by
common walls above grade, and where each unit has an independent principal entrance.
(See Figure 2-4)
Municipality of Red Lake Zoning By-Law 2-12
Dwelling, Seasonal
Shall mean a one-unit dwelling which is used for intermittent residential occupancy for
the enjoyment of the surrounding natural environment and such dwelling shall be not
used for continuous habitation or as a permanent or principal residence of the owner or
occupier thereof.
Dwelling, Semi-detached
Shall mean a building on a single foundation that is divided vertically into two (2)
separate dwelling units that have no direct access between each other, each unit of
which has an independent principal entrance, either directly or through a common
vestibule. (See Figure 2-4)
Dwelling, Single Detached
Shall mean a detached building containing one (1) dwelling unit that is designed,
used and intended to be used for occupancy as a single dwelling unit. This definition
may include a modular dwelling but shall not include a mobile home as defined
herein. (See Figure 2-4)
Dwelling, Triplex
Shall mean a building that is divided horizontally into three (3) separate dwelling
units, each of which has an independent principal entrance either directly or through a
common vestibule. (See Figure 2-4)
Dwelling Unit
Shall mean a building or a portion thereof, depending on the type of dwelling, occupied
or capable of being occupied as the home or residence of one (1) or more persons,
where food preparation and sanitary facilities are provided, but shall not include any
part of a boarding house, hotel, motel, rental cottage or cabin, or similar commercial
use of a private or semi-private institution. Examples of dwelling units include a single
detached dwelling, an apartment in an apartment dwelling building, a unit in a
townhouse dwelling, and a dwelling accessory to a commercial or industrial use.
Guest cabins, lofts-above-a-garage and garden suites shall not be considered
dwelling units.
2.E
Easement – see Right-of-way
Employee
Shall mean a person who performs work or supplies services to an employer for a fee,
salary or wage. Contractors and consultants and other such non-permanent employees
shall be considered temporary employees.
Equipment Rental Establishment
Shall mean a place wherein the primary use is the rental of machinery, equipment,
furniture and fixtures and other goods.
Erect
Shall mean to build, construct, reconstruct, alter or relocate and without limiting the
generality of the foregoing shall be taken to include any preliminary physical
operation such as excavating, grading, or structurally altering any existing building
Municipality of Red Lake Zoning By-Law 2-13
or structure by an addition, deletion, enlargement or extension. Erect shall also
mean the movement of a building or structure from one location to another.
Established Grade
Shall mean the average elevation of the finished level of the ground adjoining all of the
exterior walls of the building or structure exclusive of any artificial embankments or
berms.
Existing
Shall mean existing as of the date of the date of the final passing of this By-Law.
Exterior Side Lot Line – see Lot Line – Exterior Side
Exterior Side Yard – see Yard, Exterior Side
2.F
Fairground
Shall mean land devoted to entertainment on a seasonal or temporary basis and,
without limiting the generality of the foregoing, may include grandstands, barns and
other accessory buildings and structures normally associated with such a use.
Farm
Shall mean any agricultural use and includes apiaries, aviaries, berry or bush crops,
breeding, raising, training or boarding of horses or cattle, farms devoted to the hatching,
raising and marketing of chickens, turkeys or other fowl or game birds, animals, fish or
frogs, farms for grazing, flower gardening, field crops, goat or cattle dairies, growing,
raising, picking, treating and storing of vegetables or fruit produced on the premises,
nurseries, orchards, riding stables, the raising of sheep or uses or enterprises as are
customarily carried on in the field of general agriculture. Without limiting the generality
of the foregoing, a farm may include a single detached dwelling, and such principal or
main buildings and structures as a barn or silo, as well as accessory buildings and
structures which are incidental to the operation of the farm.
Farm Produce Outlet
Shall mean a use accessory to a farm which consists of the retail sale of agricultural
products produced on the farm where such outlet is located.
Farmer’s Market
Shall mean place where the farm products of a local farming community are sold at
retail from covered or uncovered areas designed for individual retailers.
Fence
Shall mean any barrier or structure constructed of chain link metal, wood, stone, metal,
brick or other similar materials or combinations of such materials which is erected for
the purpose of screening, safeguarding, retaining or enclosing property or delineating
property lines.
Fill Area
Shall mean the area of a waste management facility set aside for landfilling or
dumping.
Municipality of Red Lake Zoning By-Law 2-14
Fire Station
Shall mean a place owned by a public authority and used for the storage of fire
fighting equipment and vehicles and as a base for fire fighters.
Fish Habitat
Shall mean the spawning grounds and nursery, rearing, food supply, and migration
areas which fish depend directly or indirectly in order to carry out their life processes.
Fishing Camp – see Camp (Hunt Camp, Fishing Camp)
Flood Fringe
Shall mean the outer portion of the flood plain between the floodway and the flooding
hazard limit. Depths and velocities of flooding are generally less severe in the flood
fringe than those experienced in the floodway. (See Figure 2-5)
Flood Plain
Shall mean, for river stream and small inland lake systems, the area, usually low lands
adjoining a watercourse or water body, which has been or may be subject to flooding
hazards. (See Figure 2-5)
Flood Proofing
Shall mean a combination of structural changes and/or adjustments incorporated into
the basic design and/or construction or alteration of individual buildings, structures or
properties subject to flooding so as to reduce or eliminate flood damages.
Floodline or Flood Elevation
Shall mean a line established by a one-in-one-hundred year storm as established by
flood plain mapping or by the Ministry of Natural Resources.
Figure 2-5
Municipality of Red Lake Zoning By-Law 2-15
Floodway
Shall mean the portion of the flood plain where development and site alteration
would cause a danger to public health and safety or property damage. Where the one
zone concept is applied, the floodway is the entire contiguous flood plain. Where the
two zone concept is applied, the floodway is the contiguous inner portion of the flood
plain, representing that area required for the safe passage of flood flow and/or the area
where flood depths and/or velocities are considered to be such that they pose a threat
to life and/or property damage. Where the two zone concept applies, the outer portion
of the flood plain is called the flood fringe. (See Figure 2-5)
Floor Area, Gross
Shall mean the total area of all floors contained within a building or structure
measured between the exterior faces of the exterior walls of the building or structure,
and where there are no walls, the total area of a floor within the outer perimeter of the
floor.
Floor Area, Net
Shall mean the usable or habitable space above or below grade, measured from the
exterior face of the exterior walls of the building or structure but shall not include:
(a) any private garage, porch, veranda, and unfinished basement, cellar or attic;
(b) any part of the building or structure below grade which is used for building
services, storage or laundry facilities;
(c) any part of the building or structure used for the storage or parking of vehicles.
(iv) any part of the building used in common by the tenants of the building such as a
mall, aisle or hallway, elevator shaft or lobby, stairwell, any washroom, boiler
room, maintenance room, mechanical or electrical room, and any automobile
parking facilities provided within the building.
Forestry Use
Shall mean the general raising, harvesting and storage of wood and wood products and
without limiting the generality of the foregoing shall include the raising, harvesting and
storage of fuel wood, pulpwood, lumber, Christmas trees and other forest products.
Fractional Ownership
Shall mean a form of tenure where the title or deed of a property is divided into shares
and those shares are owned by two (2) or more individuals.
Frontage – see Lot Frontage
Fuel Depot
Shall mean an establishment primarily engaged in the bulk storage or distribution of
petroleum, gasoline, propane, diesel fuel, fuel oil, gas or other similar flammable
products in fuel storage tanks.
Full Municipal Services – see Sewage and Water Systems
Funeral Home
Shall mean a building or part thereof, wherein undertaking services are offered and
may include accessory activities including the sale of caskets and facilities for public
worship and service, but shall not include facilities for cremation. A funeral home may
include an accessory residential use.
Municipality of Red Lake Zoning By-Law 2-16
2.G
Garage – Private
Shall mean an accessory building or portion of a main building which is designed or
used for parking or storage of one (1) or more vehicles of the occupants of the
premises and in which there are no facilities for repairing or servicing of such vehicles
for profit. A detached garage is a private garage that is not connected to a main
building. Where a private garage is attached to a main building, it shall not be
considered an accessory building. A semi-detached garage is an accessory building
divided vertically into two (2) separate private garages by a common wall where each
separate private garage is located on separate, adjoining lots.
Garden Suite
Shall mean a one-unit detached residential structure containing washroom and
kitchen facilities that is ancillary to an existing residential structure, is designed to be
portable, and is intended to be used by an individual who requires housing close to a
family member or caretaker due to their physical, mental or psychological conditions,
but are capable of living independently. For the purposes of this By-Law, a garden suite
shall not be considered a dwelling unit.
Gasoline Bar
Shall mean a place for one (1) or more pump islands each consisting of one (1) or more
gasoline pumps or motor fuel pumps, and which such premises may include the
accessory sale of convenience items or food, and which such premises shall not be
used for repairs, oil changes or greasing of vehicles.
Gazebo
Shall mean a freestanding, roofed accessory building or structure which is not
enclosed, except for transparent screening (e.g. glass, netting) and which is utilized for
the purposes of relaxation in conjunction with a main use but shall not include any other
use or activity otherwise defined or classified herein (See Figure 2-6).
Figure 2-6
Golf Course
Shall mean a public or private area operated for the primary purpose of playing the
sport of golf but may also include such buildings and structures as are necessary for
the operation and maintenance of the golf course and such club house facilities as
Municipality of Red Lake Zoning By-Law 2-17
restaurant, banquet, conference and other uses of a social, recreational and
entertainment nature normally associated with a golf course.
Greenhouse
Shall mean a building used for the growing of flowers, plants, shrubs, trees and similar
vegetation which are not necessarily transplanted outdoors on the same lot containing
such greenhouse.
Ground Floor
Shall mean the floor that is level with or immediately above grade.
Group Home
Shall mean a single housekeeping unit in a residential dwelling in which three (3) to ten
(10) residents, excluding staff or the receiving housekeeping unit, live as a
housekeeping unit under responsible supervision consistent with the requirements of its
residents. The home is to be licensed or approved under provincial statutes and in
compliance with municipal by-laws.
Gross Floor Area – see Floor Area, Gross
Gross Leasable Floor Area
Shall mean the total floor area of a building designed for tenant occupancy and
exclusive use, including basements, mezzanines, upper floors and other floors, as
measured from the centerline of shared partitions and from the interior face of the
exterior walls of the building. Gross leasable floor area does not include common mall
areas and other common areas not designed or occupied by tenants or sales areas.
Guest Cabin
Shall mean a building that is accessory to a main dwelling and located on the same
lot therewith, and used only for the purposes of sleeping accommodation, and does not
contain kitchen facilities but may contain washroom facilities.
Guest Room
Shall mean a room or suite, which contains no facilities for cooking and which is used or
maintained for remuneration by providing accommodation.
2.H
Hazard Lands
Shall mean those lands having inherent environmental hazards such as flood
susceptibility, erosion susceptibility, instability, mine tailings, hazardous sites or any
other physical condition which would be severe enough to pose a risk of loss of life
and/or cause property damage and social disruption if development were to take place
upon such lands.
Hazardous Sites
Shall mean property or lands that could be unsafe for development and site alteration
due to naturally occurring hazards. These may include unstable soils (sensitive marine
clays, organic soils) or unstable bedrock (karst topography).
Municipality of Red Lake Zoning By-Law 2-18
Height, Building
When used with reference to a building or structure, shall mean the vertical distance
between the horizontal plane through the established grade and a horizontal plane
through:
(a) the highest point on the roof surface, including parapet walls, in the case of a
building or structure with a flat roof or a mansard roof;
(b) the mid point between the base of the roof and the highest point of the roof
surface in the case of a roof having a slope of greater than 20 degrees;
(c) the mid point between the eaves and ridges of the roof in the case of a roof type
not mentioned in subsections (a) or (b) above.
Figure 2-7
High Water Mark
Shall mean the mark made by the action of water under natural conditions on the shore
or bank of a water body or watercourse, which action has been so common and usual
and so long continued that it has created a difference between the character of the
vegetation or soil on one side of the mark and the character of the vegetation or soil on
the other side of the mark (See also Shoreline).
Highway
Shall mean a public highway, street, lane or road under the jurisdiction of the
Municipality of Red Lake or the Province of Ontario. This definition shall not include a
private right-of-way or private lane.
Home Based Business
Shall mean a privately operated legal occupation, enterprise or business which is
carried out as a use clearly accessory to a dwelling unit for pursuits conducted by the
occupant thereof and any employees and is compatible with a domestic household.
Home based businesses are categorized as home industries and home
occupations for the purposes of this By-Law (see also home occupation and home
industry).
Home Industry
Shall mean a type of home based business whose activities are conducted primarily
within an accessory building.
Home Occupation
Shall mean a type of home based business whose activities are conducted entirely
within a dwelling unit.
Home Profession – see Home Occupation
Municipality of Red Lake Zoning By-Law 2-19
Hospital
Shall mean any institution, building or other premises or place that is established for
the purposes of the treatment of patients and that is approved under the Public
Hospitals Act as a public hospital.
Hotel
Shall mean a building designed or used for the accommodation of the travelling or
vacationing public, containing therein five (5) or more guest rooms served by a
common building entrance. Accessory uses may include, but are not limited to,
accommodation for permanent staff and such facilities as beverage rooms, dining
rooms, meeting rooms, restaurants or similar uses.
Hunt Camp – see Camp
2.I
Industrial Uses, Light – Class I Industry
Shall mean a place of business for a small scale, self contained plant or building which
produces, manufactures, assembles or stores a product which is contained in a
package and has a low probability of fugitive emissions (e.g. noise, odour, dust and
vibration). Such industries operate in the daytime only with infrequent movement of
products and/or heavy trucks and no outside storage. Examples include: electronics
manufacturing and repair, high technology industries, furniture repair and refinishing,
beverage bottling, package and crafting services, small scale assembly, auto parts
supply. ‘Light Industrial Uses’ or ‘Class I Industry’ is a classification and other uses
defined in this By-Law may be classified as such.
Industrial Uses, Medium – Class II Industry
Shall mean a place of business for medium scale process and manufacturing with
outdoor storage of wastes or materials (e.g. it has an open process) and where there
are periodic or occasional outputs of fugitive emissions (e.g. noise, odour, dust and/or
vibration). Shift operations occur and there is frequent movement of products and /or
heavy trucks during daytime hours. ‘Medium Industrial Uses’ or ‘Class II Industry’ is a
classification and other uses defined in this By-Law may be classified as such.
Industrial Uses, Heavy – Class III
Shall mean a place of business for uses characterized as having emissions such as
noise, smoke, odour, fumes or vibrations or extensive outside storage as part of their
normal operations. Without limiting the generality of the foregoing, such uses include
sawmills, pulp and paper mills, refineries, smelting operations and similar uses which
are intended to be secluded from residential or other sensitive land uses in order to
limit any potential adverse effects on the environment or the surrounding areas and
public health. ‘Heavy Industrial Uses’ or ‘Class III Industry’ is a classification and other
uses defined in this By-Law may be classified as such.
Industry Storage
Shall mean a place for the storage of motor and water vehicles, trailers, farm or
construction machinery and equipment, and such other similar equipment.
Influence Area
Shall mean the area or areas at, above or below grade, associated with a facility that is
subject to one or more adverse effects which may be of varying duration, frequency
Municipality of Red Lake Zoning By-Law 2-20
and distance of dispersal. This is an actual influence area. A potential influence area
identifies where adverse effects are generally expected to occur. An influence area or
potential influence area acts as a potential constraint for sensitive land use, or
conversely, on the establishment of a facility, unless evidence is provided that adverse
effects are not a problem, or can be satisfactorily mitigated to the level of trivial impact.
Interior Lot – see Lot, Interior
2.K
Kennel
Shall mean a building, structure or premises or portion of any of the foregoing, used
for the raising, housing, breeding or training of four (4) or more domesticated animals
over the age of four (4) months. This definition shall not include an animal hospital or
veterinary clinic.
2.L
Landscaped Open Space
Shall mean any uncovered or unenclosed area of land including grass, trees, flowers,
shrubs together with decorative stonework or other landscape architectural elements
located in any yard, or in any inner or outer court, and includes paths, patios, play
areas, decks, fields, walkways or ramps for the disabled, but shall not include any
parking spaces, parking lots, driveway or ramps for motor vehicles.
Lane
(a) a subsidiary thoroughfare providing access from within a lot, principally from
parking or loading spaces or from a lot to a public street; or
(b) a subsidiary public thoroughfare for the sole use of pedestrians and for
connecting streets, open spaces or buildings.
Laundromat
Shall mean a building or part thereof where coin-operated laundry machines are made
available to the public for the purpose of laundry cleaning.
Library
Shall mean a building or part thereof where educational material (e.g. books, films,
music, audio-visual, magazines) are made available for public display and are lent to
the public.
Livestock Facility
Shall mean one (1) or more barns or permanent structures with livestock-occupied
portions, intended for keeping or housing of livestock. A livestock facility also includes
all manure or material storage and anaerobic digesters.
Loading Space
Shall mean a space or bay located on a lot or within a building which is used or
intended to be used for the temporary parking of any commercial vehicle while loading
or unloading goods, merchandise, or materials in connection with the use of the lot or
any building thereon, and which has unobstructed access to a street.
Municipality of Red Lake Zoning By-Law 2-21
Loft-Above-a-Garage
Shall mean the one (1) storey portion of an accessory building located above the
garage portion of the building and is used only for the purposes of sleeping
accommodation, and does not contain kitchen facilities but may contain washroom
facilities.
Lot
Shall mean a parcel or tract of land, which is capable of being legally conveyed in
accordance with the Planning Act as amended.
Lot Area
Shall mean the total horizontal area measured within the limits of the lot lines of a lot.
Lot, Corner
Shall mean a lot situated at the intersection of, or abutting upon, two (2) or more
streets, provided that the angle of intersection of such streets is not more than 115
degrees and each of which is at least 10 m (32.8 ft) wide. Where such adjacent sides
are curved, the angle of intersection of the adjacent sides shall be deemed to be the
angle formed by the intersection of the tangents to the street lines, drawn through the
extremities of the interior side lot lines.
Lot Coverage
Shall mean the percentage of the lot area covered by the ground floor area of all
buildings and structures located on the lot, including all porches and verandahs, open
or covered, but not including steps, cornices, eaves, bay windows and similar
projections, outdoor swimming pools, open unenclosed terraces and patios at grade,
and open parking areas.
Lot Depth
Shall mean the horizontal distance between the midpoints of the front and rear lot
lines. Where there is no rear lot line, lot depth shall mean the horizontal distance
between the midpoint of the front lot line and the apex of the triangle formed by the side
lot lines (See Figure 2-8 and 2-12).
Figure 2-8
Lot Frontage
Shall mean the horizontal distance between the side lot lines of a lot measured at right
angles along the front lot line. Where such side lot lines are not parallel, lot frontage
shall be the width of a lot measured between the intersections of the side lot lines with
a line back from and parallel or concentric to the front lot line equal to the minimum
Municipality of Red Lake Zoning By-Law 2-22
front yard setback of the zone in which the lands are located (See Figure 2-8 and 2-
12).
Lot, Interior
Shall mean a lot, other than a corner lot, which is situated between adjacent lots and
has access to only one (1) street.
Figure 2-9
Lot Line
Shall mean a boundary line of a lot.
Lot Line, Exterior Side
Shall mean a lot line located between the front and rear lot lines and dividing the lot
from a street (See Figure 2-9).
Lot Line, Front
Shall mean:
(a) in the case of an interior lot, the lot line dividing the lot from the street;
(b) in the case of a corner lot, the shorter lot line abutting the street unless each lot
line is of equal length, in which case the front lot line shall be the lot line where
the principal access to the lot is provided;
(c) in the case of a through lot, the front lot line shall be the lot line where the
principal access to the lot is provided; or
(d) in the case of a lot fronting on a navigable waterway or a shoreline road
allowance, whether or not access is gained to the lot from a street or road, the
front lot line shall be the lot line closest to or adjacent to the navigable waterway.
Such line shall be determined by joining the points of intersection of the side lot
lines and the high water mark or original shoreline reserve, whichever is closer
to the interior of the lot (See Figures 2-9).
Lot Line, Rear
Shall mean the lot line furthest from, and opposite to, the front lot line. (See Figures 2-
9)
Municipality of Red Lake Zoning By-Law 2-23
Lot Line, Interior Side
Shall mean a lot line other than a front, rear or side exterior lot line (See Figure 2-9).
Lot, Through
Shall mean a lot bounded on two (2) sides by streets each of which is at least 10 m
(32.8 ft) wide, provided, however, that if any lot qualifies as being both a corner lot and
a through lot, such lot shall be conclusively deemed to be a corner lot. (See Figure 2-9)
Lot, Waterfront
Shall mean a lot that abuts a navigable waterway or body of water.
Lumber Yard
Shall mean a place where the primary use is the storage of construction grade wood
and building supplies for sale at retail or wholesale.
2.M
Main Building – see Building, Main
Manure or Material Storage
Shall mean permanent storage, which may or may not be associated with a livestock
facility containing liquid manure (<18% dry matter), solid manure (≥ 18% dry matter), or
digestate (< 18% dry matter). Permanent storages may come in a variety of locations,
materials, coverings, elevations, configurations and shapes.
Marina
Shall mean a place consisting of docking facilities and located on a navigable
waterway, where boats and boat accessories are stored, serviced, repaired or kept for
sale and where facilities for the sale of marine fuels and lubricants may be provided.
Mine Hazard
Shall mean any feature on a mine as defined under the Mining Act or any related
disturbance of the ground that has not been rehabilitated.
Mineral Mining Operation
Shall mean a mining operation and associated facilities, or, a past producing mine with
remaining mineral development potential that has not been permanently rehabilitated to
another use.
Miniature Golf Course
Shall mean a place operated for profit or gain as a commercial place of amusement in
which facilities are provided to simulate the game of golf or any aspect of the game on a
small scale, but does not include a golf ball driving range or golf course.
Minimum Distance Separation Formulae I and II
Shall mean formulae developed by the Province to separate uses so as to reduce
incompatibility concerns about odour from livestock facilities.
Mixed Use Building
Shall mean a building containing two (2) or more uses that are permitted in the zone in
which the mixed use building is located. For the purposes of this By-law, the definition
of mixed use building shall not include a shopping centre.
Municipality of Red Lake Zoning By-Law 2-24
Mobile Home – See Dwelling, Double Wide Mobile Home and Dwelling, Single
Wide Mobile Home
Mobile Home Park
Shall mean a lot or part of a lot under ownership of one (1) mobile home park operator
which is designed, used or intended to be used for the placement of mobile homes,
and which consists of ten (10) or more mobile home sites which are connected to full
municipal sewer and water services.
Mobile Home Site
Shall mean a designated parcel of land within a mobile home park which is serviced
and intended for the placement of one (1) mobile home.
Mobile Home Subdivision
Shall mean a parcel of land which has been planned and approved in accordance with
the Planning Act for the placement of mobile homes, and which consists of individually
serviced lots.
Motel
Shall mean a building or buildings designed or used for the accommodation of the
travelling or vacationing public, containing therein five (5) or more guest rooms, each
guest room having a separate entrance directly from outside and may include an
accessory eating establishment.
Motor Vehicle – see Vehicle
Municipal Drinking Water System
Shall mean a drinking water system or part of a drinking water system that is owned
by the Municipality of Red Lake.
Municipal Sewage Services – see Sewage Disposal and Water Systems
Municipal Water Services – see Sewage Disposal and Water Systems
Municipality
Shall mean the Corporation of the Municipality of Red Lake.
Museum
Shall mean an institutional place that is established for the purpose of acquiring,
conserving, studying, interpreting, assembling and exhibiting to the public for its
instruction and enjoyment, a collection of artifacts of scientific, natural, artistic, or
historical interest, or other interests.
2.N
Negative Impacts
Shall mean:
(a) in regard to fish habitat, the harmful alteration, disruption or destruction of fish
habitat, except where it has been authorized under the Fisheries Act, using the
guiding principle of no net loss of productive capacity.
Municipality of Red Lake Zoning By-Law 2-25
(b) in regard to water, degradation to the quality and quantity of water, sensitive
surface water features and sensitive ground water features, and their related
hydrologic functions, due to single, multiple or successive development or site
alteration activities; and
(c) in regard to other natural heritage features and areas, degradation that
threatens the health and integrity of the natural features or ecological functions
for which an area is identified due to single, multiple or successive development
or site alteration activities.
Net Floor Area – see Floor Area, Net
Non-complying
Shall mean an existing use that is permitted in the zone in which it is located that does
not meet or comply with the regulations of this By-Law.
Non-conforming
Shall mean a use, lot, building or structure which is existing but does not conform to
one (1) or more requirements of this By-Law.
Non-municipal Drinking Water System
Shall mean a drinking water system that is not a municipal drinking water system.
Nursery
Shall mean place for the growing of sod, flowers, bushes, trees, or other gardening,
landscaping, or orchard stock for wholesale or retail sale.
Nursing Home
Shall mean a building maintained and operated for persons requiring nursing care or in
which such care is provided to two (2) or more unrelated persons.
2.O
Occupancy Permit
Shall mean a permit issued under the authority of the Planning Act by the Chief
Building Official which indicates that the proposed use of land or any building or
structure on any such land is in conformity with this By-Law.
Office
Shall mean a building, structure or part thereof used for the purpose of providing
accommodation for the performance and transaction of business including
administrative, clerical and professional activities (e.g. lawyer, doctor, dentist, architect,
consultant, insurance, real estate, etc), but shall not include the manufacturing of any
product.
Official Plan
Shall mean the Official Plan of the Municipality of Red Lake planning area or parts
thereof and amendments thereto that may take from place time-to-time.
Open Space
Shall mean the open, unobstructed space on a lot including landscaped areas,
pedestrian walkways, patios, pools or similar areas but not including any driveway,
Municipality of Red Lake Zoning By-Law 2-26
ramp, parking spaces or aisles, loading spaces or maneuvering areas and similar
areas.
Open Storage
Shall mean the storage of goods, merchandise, unlicensed motor vehicles or
equipment in the open and in unenclosed portions of buildings or structures, which
are open to the air on one (1) or more sides.
Outdoor Furnace
Shall mean an accessory structure that uses renewable energy sources such as wood
and corn to provide heat and hot water to buildings.
2.P
Park
Shall mean any open space, facility or recreation area that is owned operated or
maintained in whole or in part by any public authority for public use with or without
charge, and, without limiting the generality of the foregoing, may include
neighbourhood, community, regional and special parks or areas such as Provincial
Parks and National Parks with or without campground facilities. Parks may include such
equipment and facilities as playgrounds, fields, skateboard parks, rinks and courts. A
park may be part of a community centre or other uses defined herein.
Park, Private
Shall mean any open space or recreational area, other than a public park, owned and
operated or maintained in whole or in part for profit by a private club, organization or
corporation, operated on a commercial and/or private member basis, and may include
therein swimming, wading and boat facilities, picnic area, ski area, gardens, refreshment
rooms or other areas for recreational activities. Such park may also include
buildings and structures necessary for the use and operation of the park..
Parking Area
Shall mean an area designated for the temporary parking of vehicles and may include
aisles, parking spaces and related entrance and exit lanes, but shall not include any
part of a street.
Parking Lot – see Parking Area
Parking Space
Shall mean a rectangular area designated and used for the temporary parking of one
(1) motor vehicle, exclusive of any aisles or driveways.
Parking Space, Barrier-free
Shall mean a rectangular area designated and used for the temporary parking of one
(1) motor vehicle used by a handicapped or disabled person, exclusive of any aisles or
driveways.
Partial Services - see Sewage Disposal and Water Systems
Municipality of Red Lake Zoning By-Law 2-27
Person
Shall mean any human being, any association, partnership, corporation, municipal
corporation, agent or trustee and the heirs, executors or other legal representatives of a
person to whom the context can apply according to law.
Personal Service Establishment
Shall mean a place wherein a personal service is performed. This definition may
include, but is not limited to, businesses or services such as a barber shop, hair styling
salon, shoe repair shop, tattoo and piercing parlour, spa, tanning salon, dry cleaning
outlet, tailor shop, dressmaker shop, massage therapy service, photofinishing, picture
framing, publishing and photocopying, but excludes any manufacturing or fabrication of
goods for sale.
Pharmacy – see Retail Store
Pit – see Aggregate Pit
Place
Shall mean lands, buildings and/or structures.
Place of Amusement
Shall mean place operated for commercial gain or profit wherein amusement facilities
are provided such as a video arcade or arcade, billiard or pool room, pinball machines,
video games and bowling alley, but does not include an adult entertainment
establishment, casino or bingo hall.
Place of Assembly
Shall mean a place where facilities are provided for such purposes as meetings for
civic, educational, political or social purposes, and without limiting the generality of the
foregoing, may include such facilities as a banquet hall or private club, but shall not
include a place of worship or community centre.
Place of Worship
Shall mean a place or an open area dedicated to religious worship and may include a
manse or rectory located on the same lot therewith, but does not include a manse or
rectory that is established on a separate lot.
Police Station
Shall mean a place owned by a public authority used by a police department that
includes administration offices, storage of vehicles and equipment and jail cells.
Pool – see Swimming Pool
Portable
When used to describe a building or structure, shall mean a building or structure that
is so designed and/or constructed to be easily dismantled and removed.
Portable Asphalt Plant
Shall mean a facility with equipment designed to heat and dry aggregate and to mix
aggregate with bituminous asphalt to produce asphalt paving material, and includes
stockpiling and storage of bulk materials used in the process, and which is not
Municipality of Red Lake Zoning By-Law 2-28
permanent construction, but is designed to be dismantled and moved to another
location, as required.
Portable Concrete Plant
Shall mean a building or structure:
(a) with equipment designed to mix cementing materials, aggregate, water and
admixtures to produce concrete, and includes stockpiling and storage of bulk
materials used in the process, and
(b) which is not of permanent construction, but which is designed to be dismantled
at the completion of the construction project.
Portable Storage Building
Shall mean a commercially prefabricated building or structure that is designed,
erected and used to provide storage or warehouse space for industrial or agricultural
purposes. The definition of Portable Storage Buildings shall not include types of
modular homes or mobile homes.
Post Office
Shall mean a place owned and operated by a public authority used for the posting,
receipt, sorting, handling, transmission or delivery of mail.
Post-secondary Educational Institution
Shall mean a:
(a) university which is a place of higher education, which has a body of teachers
and students on the premises, and that offers instruction at the undergraduate
level, post-graduate level, or both, and which is empowered by law to grant a
degree upon the successful completion of a prescribed course of study;
(b) college which is a college of applied arts and technology or other similar place of
post secondary education which has a body of teachers and students on the
premises, and the provides instruction in business, a trade or a craft; and that is
empowered by law to grant diplomas, licenses or certificates that permit the
holders to represent themselves as qualified to work in a particular trade or
occupation; or
(c) any residential use ancillary to and located on the same lot as a university or
college.
Private Club – see Place of Assembly
Private Communal Sewage Services – see Sewage Disposal and Water Systems
Private Communal Water Services – see Sewage Disposal and Water Systems
Private Park – see Park, Private
Private Road
Shall mean a private right-of-way over private property which affords vehicular access
to at least two (2) abutting lots and which is not maintained by a public authority.
Provincially Significant Wetland – see Significant Wetland
Municipality of Red Lake Zoning By-Law 2-29
Public Authority
Shall mean a Federal or Provincial agency, school board, public utility commission,
transportation commission, public library board, board of parks management, board of
health, board of commissioners of police, planning board or other board or commission
or committee or local authority established or exercising any power or authority under
any general or special statute of Ontario or Canada with respect to any of the affairs or
purposes of the Municipality or any portion thereof and includes any committee or local
authority established by By-Law of the Municipality of Red Lake.
Public Services
Shall mean the lands, buildings, structures and other related works necessary for
supplying water, gas, oil, electricity, steam, hot water, telephone services,
telecommunication services, sewage collection and treatment facilities and other
services provided by a public authority.
Public Utility
Shall mean an agency, corporation, board of commission, or any department of the
Municipality providing electricity, gas, steam, hot water, telephone, telegraph,
television, transportation or drainage or sewage to the general public.
2.Q
Quarry
Shall mean a place where unconsolidated rock has been or is being removed by means
of an open excavation and includes the processing thereof for commercial purposes
including screening, sorting, washing, crushing and other similar operations, required
buildings and structures, but does not include a wayside quarry.
2.R
Recreational Commercial Establishment
Shall mean place where any recreational uses are operated commercially for profit on
lands in private ownership, such as health clubs, open or enclosed skating or curling
rinks, open or enclosed pools, open or enclosed badminton or tennis courts, squash
courts or gymnasia and other similar uses but does not include a bowling alley, casino
or bingo hall.
Recreational Vehicle Sales Establishment
Shall mean a place where boats, travel trailers, campers and other recreational
vehicles or equipment (e.g. snowmobiles, off-road vehicles, golf carts) are displayed
and rented and/or sold.
Recycling Depot or Transfer Station
Shall mean a special waste management facility which serves as a temporary storage
site for clean materials such as glass, paper, cardboard, plastic, metal and other similar
products which will be transferred to another location for reuse. This definition does not
include any other type of waste management system.
Renovation
Shall mean the repair, strengthening or restoration of a building to a safe condition but
does not include its replacement.
Residence – see Dwelling Unit
Municipality of Red Lake Zoning By-Law 2-30
Residential Use
Shall mean the use of land, building(s) or structures(s) for human habitation.
Residential Zone
Shall mean the Townsite Residential Density 1 (R1), Townsite Residential Density 2
(R2), Mobile Home Residential (R3), Rural Residential (R4) and Recreational
Residential (R5) zones.
Restaurant
Shall mean a building or structure or part thereof where food is prepared and offered
for sale to the public for consumption within or outside the building or structure or off the
premises. The definition of restaurant shall not include a catering establishment or a
chip wagon.
Retail Food Store
Shall mean an establishment where primarily food, as well as other personal,
convenience and household items and services, is provided for sale directly to the
public, and includes, but is not limited to, a supermarket, butcher’s shop, bakery shop,
produce outlet, delicatessen or farmer’s market.
Retail Store
Shall mean an establishment where goods, wares, merchandise, commodities,
substances or articles of any kind are displayed and/or offered for sale or rent to the
general public, but does not include flea markets or auctions centres or any other use
defined herein.
Retirement Home
Shall mean a building providing residential accommodation primarily for retired persons
or couples where each private bedroom or living unit has a separate private washroom
and separate entrance from a common hall but where common facilities for the
preparation and consumption of food are provided and common lounges, recreation
rooms and medical care facilities may also be provided. Such a facility shall be for
adults who are capable of living independently without nursing care and shall not
include a nursing home.
Rifle Club – see Shooting Range
Right-of-Way
Shall mean any right, liberty or privilege in, over, along or under land which a person,
the public or a corporation or another entity may have with respect to any land in the
Municipality.
Road – see Street
Rooming House – see Boarding House, Rooming House or Tourist Home
2.S
Salvage Yard
Shall mean a place where used goods, wares, merchandise, articles, vehicles,
machinery or parts thereof are processed or sold for further use, dismantled or
Municipality of Red Lake Zoning By-Law 2-31
abandoned. This definition may include a junk yard, a scrap metal yard, and an
automobile wrecking yard on the premises.
Satellite Dish
Shall mean a structure designed and used for the reception of telecommunication
signals related back to earth from a communications satellite.
Sawmill or Planing Mill
Shall mean a place where timber is cut or sawed, either to finished lumber or as an
intermediary step.
Sauna
Shall mean an accessory building or structure not exceeding 10 m2 (107.6 ft2), or an
area within a building or structure, wherein facilities are provided for the purpose of
inducing perspiration.
Seaplane Base
Shall mean a place for the purposes of docking, storing or repairing seaplanes and for
the supplying of associated services.
School
Shall mean an institutional place for the education or instruction of a body pupils by a
body of teachers, and shall include an elementary or secondary school, adult education
and English or French as a second language programs, but shall not include a studio,
museum, post-secondary educational institution, any type of home based
business, or any other use defined herein.
Self Storage Facility
Shall mean a commercial building or part of a building wherein items are stored in
separate, secured storage areas or lockers which are generally accessible by means of
individual loading doors.
Sensitive Land Use
Shall mean a building, amenity area or outdoor space where routine or normal
activities occurring at reasonably expected times would experience one (1) or more
adverse effect(s) from contaminant discharges generated by a nearby facility. A
sensitive land use may be part of the natural or built environment. Examples of sensitive
land uses include residential uses, nursing homes, retirement homes, hospitals,
campgrounds, day care centres, places of worship, community centres, schools,
bird and wildlife habitats and certain recreational uses deemed by the Municipality or
other level of government to be sensitive (e.g. picnic area).
Setback
Shall mean
(a) the least horizontal distance between a lot line and the nearest part of any
building or structure, or
(b) with reference to a street, the least horizontal distance between the street line
and the nearest part of any building or structure,
(c) with reference to a water body or watercourse, the least horizontal distance
between the high water mark of the water body or watercourse and the nearest
part of any building or structure.
Municipality of Red Lake Zoning By-Law 2-32
Sewage Disposal and Water Services
(a) Full Municipal Services
Shall mean the combination of municipal sewage services and municipal
water services.
(b) Individual On-Site Services
Shall mean individual autonomous water supply and sewage disposal systems
that are owned, operated and managed by the owner of the property upon which
the system is located and which do not serve more than five (5) residential
units/lots.
(c) Partial Services
Shall mean
(i) municipal sewage services or private communal sewage services
and individual on-site water services; or
(ii) municipal water services or private communal water services and
individual on-site sewage services.
(d) Municipal Sewage Services
Shall mean a sewage works within the meaning of Section 1 of the Ontario
Water Resources Act that is owned or operated by the Municipality of Red Lake.
(e) Municipal Water Services
Shall mean a municipal drinking-water system within the meaning of Section
2 of the Safe Drinking Water Act, 2002.
(f) Private Communal Sewage Services
Shall mean a sewage works that serves six (6) or more lots or private
residences and is not owned by the Municipality of Red Lake.
(g) Private Communal Water Services
Shall mean a non-municipal drinking water system that services six (6) or
more lots or private residences.
Sewage Lagoon
Shall mean an area of land used for the discharge and disposal of sewage waste and
that has a standing Certificate of Approval issued by the Ministry of the Environment.
Sewage Treatment Facility
Shall mean a place where sewage is collected, transmitted and treated and has a
standing Certificate of Approval issued by the Ministry of the Environment.
Sewage Works
Shall mean any works for the collection, transmission, treatment and disposal of
sewage or any part of such works, but does not include plumbing to which the Building
Code Act applies.
Municipality of Red Lake Zoning By-Law 2-33
Shooting Range
Shall mean a place where members practice using firearms and/or archery arrows in
outdoor or indoor areas designed to facilitate such activities and may include, but are
not limited to, targets, administration offices and clubhouse facilities.
Shopping Centre
Shall mean a commercial place planned, designed and developed or managed as a
unit, having a minimum gross leasable floor area of 2,000 m2 (21,527.8 ft2), having off-
street parking provided on the same lot, and which building or buildings contain two (2)
or more retail stores, services, personal service establishments, restaurants and
offices.
Shoreline
Shall mean a lot line or portion thereof which abuts the high water mark of a water
body or watercourse (See also High Water Mark).
Side Exterior Lot Line – see Lot Line, Side Exterior
Side Exterior Yard – see Yard, Side Exterior
Side Interior Lot Line – see Lot Line, Side Interior
Side Interior Yard – see Yard, Side Interior
Side Yard – see Yard, Side
Figure 2-10
Sight Triangle
Shall mean a triangular space formed
by the street lines abutting a corner
lot and a third line drawn from a point
on a street line to another point on a
street line, each such point being 6 m
(19.69 ft) from the point of intersection
of the street lines. Where the two street
lines do not intersect at a point, the
point of intersection of the street lines
shall be deemed to be the intersection
of the projection of the street lines or
the intersection of the tangents to the
street lines. (See Figure 2-10)
Sign
Shall mean any writing, letter work or numeral, any pictorial representation, illustration,
drawing, image or decoration, any emblem, logo, symbol or trademark or any device
with similar characteristics which is used to advertise, inform, announce, claim, give
publicity or attract attention.
Significant Habitat of Endangered and Threatened Species
Shall mean the habitat, as approved by the Ontario Ministry of Natural Resources, that
is necessary for the maintenance, survival, and/or the recovery of naturally occurring or
reintroduced populations of endangered species or threatened species, and where
Municipality of Red Lake Zoning By-Law 2-34
those areas of occurrence are occupied or habitually occupied by the species during all
or any part(s) of its life cycle.
Significant Wetland
Shall mean a wetland area identified as provincially significant by the Ontario Ministry
of Natural Resources using evaluation procedures established by the Province, as
amended from time to time.
Significant Wildlife Habitat
Shall mean a wildlife habitat that is ecologically important in terms of features,
functions, representation or amount, and contributing to the quality and diversity of an
identifiable geographic area or natural heritage system.
Solar Collector
Shall mean a device consisting of photovoltaic panels that collect solar power from the
sun. A solar collector may be attached to a building or structure or erected on a
post(s).
Stable
Shall mean an area, building and/or structure used for the boarding, riding and
training of horses. A stable shall be considered a type livestock facility as defined in
this By-Law.
Storage Container
Shall mean the trailer portion of a tractor-trailer unit or transport truck, or a rail or
seaway container, which is traditionally used for the shipping and transportation of
goods and materials.
Storey
Shall mean that portion of a building:
(a) which is situated between the surface of any floor and the surface of the floor
next above it and if there is no floor above it, then that portion between the
surface of any floor and the ceiling above it, and
(b) which is more than 50 percent above the established grade, and
(c) which has a height of not less than 2 m (6.56 ft) and includes an attic not having
less than 2 m headroom for at least 50 percent of the attic floor area.
Street
Shall mean a public highway or public road under the jurisdiction of either the
Municipality of Red Lake or the Province of Ontario. This definition shall not include a
lane or a private right-of-way or private road.
Street Line
Shall mean the boundary between a street, road or highway and a lot (see Figure 2-
12).
Structure
Shall mean anything constructed or erected, the use of which requires location on the
ground or attached to something having location on the ground. The definition of
structure shall include, without limiting the generality of the foregoing, a travel trailer, a
Municipality of Red Lake Zoning By-Law 2-35
recreational vehicle, a temporary shelter, and a sewage disposal system, but does
not include a terrace, patio, sign, boundary wall, light standard, fence or deck.
Studio
Shall mean a building or part thereof used,
(a) as the workplace of a cabinetmaker, ornamental welder, photographer, artist, or
artisan or any similar artist or craftsman, where unique articles are made or
fabricated and offered for sale.
(b) for the instruction of art, music, languages or similar disciplines.
Swimming Pool
Shall mean an open or covered pool used for swimming, wading, diving or recreational
bathing which is at least 50 cm (19.6 inches) in depth, and may include a hot tub,
inflatable pool or whirlpool. The definition of a swimming pool does not include
accessory building or structures associated with a swimming pool such as change
rooms, storage buildings or pump houses. An open swimming pool is a pool that is
located outdoors and is not enclosed by a building or structure. A covered pool is a pool
that is enclosed within a building or structure.
Syrup Processing Establishment
Shall mean a place for the collection of sap and the manufacture and storage of syrup
products produced on the property.
2.T
Tavern
Shall mean a building or part thereof where alcohol beverages are served for
consumption on the premises, with or without food, and is licensed or is liable to be
licensed under the Liquor License Act.
Temporary Building
Shall mean a building or structure intended for removal or demolition within a
prescribed time as set out in a building permit. (see also Portable Storage Structures)
Temporary Employee – see Employee
Temporary Shelter
Shall mean a non-permanent commercially prefabricated accessory structure that is
designed, erected and used to provide shelter to a vehicle, is less than 25 m2 (269.1
ft2) in gross floor area, and is designed to be easily dismantled or removed (See
Figure 2-11).
Figure 2-11
Municipality of Red Lake Zoning By-Law 2-36
Theatre
Shall mean a building or part thereof used for the presentation of motion pictures or
staged entertainment. The definition of theatre shall not include drive-in theatres.
Through Lot – see Lot, Through
Timeshare
Shall mean a form of ownership or right to use property where multiple parties hold
rights to use the property and each party is allotted a period of time in which they may
use the property
Top-of-Bank
Shall mean a boundary where a majority of normal discharges and channel forming
activities takes place. The top-of-bank boundary will contain the active stream channel,
active floodplain, and their associated banks.
Tourist Cabin Establishment
Shall mean a place providing sleeping accommodation in rental cabins for the travelling
or vacationing public. A tourist cabin establishment provides a minimum of four (4) cabin
units for rent per lot, and may include accessory facilities which support the use such
as, without limiting the generality of the foregoing, administration offices but shall not
include a restaurant that serves the general public.
Tourist Commercial Establishment
Shall mean any premises operated to provide sleeping accommodation for the travelling
or vacationing public or the public engaging in recreational activities, and may include
facilities for serving meals and/or facilities licensed under the Liquor License Act.
Tourist Outfitters Establishment
Shall mean an establishment which operates through all or part of a year which may or
may not furnish accommodation and facilities for serving meals and alcohol beverages
and furnishes equipment, supplies or services to persons in connection with angling,
hunting, camping or other similar recreational purposes.
Tourist Commercial Outfitter’s Base
Shall mean a commercial establishment which operates on a seasonal basis and which
acts as a base for the reception, equipping, supplying and transport by float plane of
persons destined for recreational sites elsewhere. This definition does not include
facilities for the repair of aircraft and is not a seaplane base.
Tourist Home – see Boarding House, Rooming House or Tourist Home
Transportation Depot
Shall mean a place where commercial vehicles are kept for hire, rental and/or lease, or
stored and/or parked for remuneration and/or from which such vehicles are dispatched
for hire as common carriers.
Travel Trailer
Shall mean any vehicle so constructed that is suitable for being attached to a motor
vehicle for the purpose of being drawn or is propelled by the motor vehicle and is
capable of being used for living, sleeping, eating or accommodation of persons on a
Municipality of Red Lake Zoning By-Law 2-37
temporary, transient or short term basis, even if the vehicle is jacked up or its running
gear is removed. For the purposes of this definition, a travel trailer shall be considered a
structure for the purposes of establishing setbacks only. A travel trailer shall not be
deemed to include a mobile home or a manufactured home.
2.U
University – see Post-secondary Educational Institution
Use
Shall mean the purpose for which any land, building or structure, or combination
thereof is designed, arranged, occupied or maintained.
2.V
Vehicle
Shall mean any carriage, conveyance or other device capable of being propelled, driven
or drawn by any kind of power, including motor power or wind power, and includes,
without limiting the generality of the foregoing, a passenger motor vehicle, truck, trailer,
boat, aircraft, tractor, farm implement, mobile crane or shovel, snowmobile, motorcycle,
but does not include a pedal bicycle, canoe, kayak or any other device powered solely
by means of human effort, or a mobile home.
Veterinary Facility – see Animal Hospital
Video Rental Establishment – see Retail Store
2.W
Warehouse
Shall mean a building or part thereof used primarily for the operation of general
merchandise warehousing, cold storage or other storage facilities and includes a centre
for distribution of wholesale goods and commodities for resale to retailers, to industrial,
commercial, institutional or professional users, and/or to other wholesalers.
Waste Disposal Site
Shall mean a site which is licensed or approved by the Ministry of the Environment
and/or its designate where garbage, refuse, domestic or industrial waste is disposed of
or dumped.
Water Access Lot
Shall mean a lot that is provided access by a navigable water body or watercourse.
Water Body
Shall mean any bay, lake, river, natural watercourse, wetland or canal but excluding a
drainage or irrigation channel.
Water Frontage
Shall mean the strip of land comprising part of a lot that directly abuts a water body or
watercourse. When used as an adjective, shall mean a lot or lands that has frontage on
a water body or watercourse.
Municipality of Red Lake Zoning By-Law 2-38
Water Treatment Plant
Shall mean a place where water is collected, produced, treated, stored, supplied and/or
distributed from and that has a standing Certificate of Approval issued by the Ministry of
the Environment.
Water Vehicle
Shall mean any vehicle drawn, propelled or driven by any kind of power, including
muscular power, on water. The definition of water vehicle shall not include a
snowmobile or any other vehicle that is capable of being propelled or driven on both
land and water.
Watercourse
Shall mean the natural channel for a perennial or intermittent creek, stream or river.
Waterfront Structure
Shall mean a boat house, a sauna or steam bath or wharf, a gazebo, a utility or
storage shed, a viewing deck, or other accessory building or structure which is typically
found near the shoreline of water bodies and watercourses or which is actually
located within 30 m (98.4 ft) of the high water mark of a water body or watercourse.
Wayside Pit or Quarry
Shall mean a pit or quarry opened for the exclusive purpose of supplying granular
materials for road, street or highway projects owned by a public authority such as the
Municipality or the Province of Ontario and is closed and rehabilitated at the
completion of the project.
Welding Shop
Shall mean a place where metal products are joined, repaired or shaped by welding but
no mass productions shall be involved.
Wetland
Shall mean lands that are seasonally or permanently covered by shallow water, as well
as lands where the water table is close to or at the surface. In either case the presence
of abundant water has caused the formation of hydric soils and has favoured the
dominance of either hydrophytic or water tolerant plants. The four major types of
wetlands are swamps, marshes, bogs and fens. Lands being used for agricultural
purposes, that are periodically "soaked" or "wet", or which no longer exhibit wetland
characteristics are not considered to be wetlands for the purposes of this definition.
Wind Turbine, Small
Shall mean a wind energy conversion structure consisting of a wind turbine with
rotating blades, a tower and associated control or conversion electronics, which has a
rated capacity of not more than 300 kilowatts, and which is intended to provide electrical
power for use on-site (either behind the meter or off-grid) and is not intended or used to
produce power for resale. The definition of small wind turbine also includes vertical axis
wind turbines which consist of blades rotating around a vertical motor shaft. For the
purposes of this By-Law, a small wind turbine shall be considered an accessory
structure.
Municipality of Red Lake Zoning By-Law 2-39
Workshop
Shall mean a building, structure or part thereof where manufacturing is performed by
a tradesman, requiring manual or mechanical skills and may include a carpenter's shop,
a locksmith's shop, a gunsmith's shop, a tinsmith's shop, a commercial welder's shop or
similar uses.
2.Y
Yard
Shall mean the open space on a lot between a main building and all lots lines that is
unoccupied and unobstructed from the ground to the sky, except for permitted
projections and accessory buildings, structures and uses permitted by this By-Law.
Yard, Exterior Side
Shall mean a yard of a corner lot extending from the front yard to the rear yard
between an exterior side lot line and the nearest point of any main building or
structure on the lot. (See Figures 2-12)
Figure 2-12
Yard, Front
Shall mean a yard extending across the full width of the lot between the front lot line
and the nearest point of the main building or structure on the lot. (See Figures 2-12)
Yard, Interior Side
Shall mean a yard extending from the front yard to the rear yard between a side
interior lot line and the nearest point of any main building or structure on the lot.
(See Figures 2-12)
Yard, Rear
Shall mean a yard extending across the full width of a lot between the rear lot line and
the main building or structure on the lot. Where there is no rear lot line, the rear yard
shall be measured from the intersection of the side lot lines to the closest point of the
main building or structure. (See Figures 2-12)
Municipality of Red Lake Zoning By-Law 2-40
Yard, Required
Shall mean the yard that created by the Yard Setbacks requirements of the respective
zones (see Figure 2-3). (For example, the required rear yard is equal to the open space
on a lot extending across the full width of the lot between the rear lot line the required
minimum rear yard setback.)
Yard, Side
Shall mean a yard extending from the front yard to the rear yard between a side lot
line and the nearest point of any main building or structure on the lot.
2.Z
Zone
Shall mean an area of land of the Municipality of Red Lake demarcated on the
Schedules attached hereto within which certain provisions and requirements of this By-
Law apply or do not apply as the case may be, such as Permitted Uses, Minimum Lot
Area and Maximum Lot Coverage.
Municipality of Red Lake Zoning By-Law 2-41
upervision of a licensed physician. Types of
Z hospitals include general, mental, chronic Improvement, Off-Site: See “Off-Site
disease and allied special hospitals such as Improvement”.
366 Lebanon, Indiana Unified Development Ordinance Adopted: December 10, 2007
11.1 Definitions
11
Incidental: A minor occurrence or condition and any other land use regulations of the City. A
that is customarily associated with a permit-
ted use and is likely to ensue from normal Institutional Facility for the Developmentally B
operations. Disabled: An institutional facility that provides
care, supervision, and protection for persons C
Incidental Sales: See “Sales, Incidental”. with developmental disabilities consistent with
the provisions of Indiana Code. See also D
Incinerator: A facility that uses thermal com- “Residential Facility for the Developmentally
bustion processes to destroy or alter the char-
E
Disabled”.
acter or composition of medical waste, sludge, F
soil, or municipal solid waste (not including Institutional Facility for the Mentally Ill: An
animal or human remains). institutional facility that provides care, supervi- G
sion, and protection for mentally ill persons
Indecisive Vote: A vote which fails to receive a consistent with the provisions of Indiana Code. H
majority, either in favor or opposed. See also “Residential Facility for the Mentally
Ill”. I
Industrial District: The use of a property or area
for the manufacture, fabrication, processing, Intense Burning: See “Burning, Intense”. J
reduction, or destruction of any article, sub-
stance, or commodity, including related storage Interested Party: Those persons, groups, prop- K
facilities and warehouses. Refers to the PBI erty owners, or other entities that are consid-
and ID zoning districts. ered or consider themselves to be affected by a L
change in land use or the results of an applica-
Infrastructure: Facilities and services needed to tion to change land use. (For the purposes of M
sustain industry, residential, commercial, and public notification, “interested party” is defined
all other land use activities, including utilities N
by the Plan Commission Rules & Procedures.)
and streets.
O
Interior Lot: See “Lot, Interior”.
Ingress: An entrance. P
Investment Firm: Any office where the primary
Inoperable Motor Vehicle: A motor vehicle occupation is concerned with businesses that Q
which meets one (1) or more of the following buy and sell stocks, bonds, and other notes of
conditions: 1) Any motor vehicle from which purchase. R
the engine, transmission, or differential has
been removed, or that is otherwise partially S
dismantled or mechanically inoperable; or 2)
Any motor vehicle which cannot be driven on a
J T
public street without being subject to issuance Jewelry Store: Store that primarily sells new
of a traffic citation by reason of its operating jewelry, with some sales of used merchandise. U
condition or not displaying a valid and current V
license plate. Junk: Scrap or waste material of any kind.
W
Inoperable Vehicle Storage: The outdoor stor- Junk Yard/Salvage Yard: Any place at which
age of inoperable motor vehicles and their personal property is or may be salvaged for X
parts. reuse, resale or reduction or similar disposition
and is owned, possessed, collected, accumu- Y
Inspectors: Employees of the Plan Commis- lated, dismantled, or assorted. Including but
sion authorized by the Administrator to enter, not limited to, used or salvaged base metal or Z
examine, and survey all lands within the City to metals, their compounds or combinations, used
accomplish the enforcement of this ordinance or salvaged rope, bogs, paper, rags, glass,
rubber, lumber, millwork, brick and similar
http://www.cityoflebanon.org Chapter 11: Definitions 367
11 11.1 Definitions
A property except animal matter; and used mo- Laundry (Self Service): A business with vending
tor vehicles, machinery or equipment which is machine type washing, drying, dry-cleaning,
B used, owned or possessed for the purpose of and ironing equipment for use by customers on
wrecking or salvaging parts therefrom. site.
C
Jurisdiction: Any area over which a unit of Laundry Service (large-scale): A large scale
D government exercises power and authority. establishment that cleans fabrics, textiles,
wearing apparel, or articles of any sort by im-
E
mersion and agitation in volatile solvents, and
F K all related processes. Laundry services serve
businesses and individuals, generally with the
G Kennel: An establishment which houses three cleaners picking up and delivering the clothing
(3) or more dogs, cats, or other small animals, or uniforms to its clients.
H and where boarding, grooming, breeding,
training or selling of animals is conducted Lease: To rent, to permit the possession of, or
I either for commercial or non-commercial to grant the right of possession or use of a lot,
purposes. parcel, tract, land or group of lots, parcels,
J tracts, or lands for compensation.
Kindergarten or Day Nursery: A preschool for
K children who are ages 4-6 years. This type Legal Drain: Any drainage system consisting
of educational facility can be part of a public of an open drain, a tiled drain, or any combi-
L school system and taught during the year pre- nation of the two, and is under the jurisdiction
ceding first grade. of the County drainage board as provided by
M I.C. 36-9-27.
N
L Legal Nonconforming Lot: Any lot which has
been legally established and recorded prior
O Land Use: The occupation or use of land for to the effective date of this ordinance, or its
any human activity or purpose. subsequent amendments, or has been granted
P
a variance from this ordinance, that does not
Land Use Petition: A rezoning petition, vari- meet the lot-specific development standards.
Q
ance petition, conditional use petition, or any
R other petition permitted by rules of procedure Legal Nonconforming Use: Any continuous,
adopted by the Plan Commission. lawful use of structures, land, or structures and
S land in combination established prior to the ef-
Landscape Buffer: See “Buffer”. fective date of this ordinance, or its subsequent
T amendments, that does not meet the require-
Landscaping: The improvement of a lot with
ments of this ordinance for a permitted use in
U grass, shrubs, trees, and other vegetation
the zoning district in which it is located.
and/or ornamental objects. Landscaping may
V include pedestrian walks, flower beds, berms, Letter of Map Amendment (LOMA): An
fountains and other similar natural and man- amendment to the currently effective FEMA
W made objects. map that establishes that a property, area,
X and/or structure is not located in a Special
Landscaping, Defective: Dead or dying plant
Flood Hazard Area (SFHA). A LOMA is only
Y material, damaged berms, walls, fences, and/
issued by FEMA.
or other landscaping elements.
Z
368 Lebanon, Indiana Unified Development Ordinance Adopted: December 10, 2007
11.1 Definitions
11
Letter of Map Revision (LOMR): An official the property proposed to be subdivided. Such A
revision to the currently effective FEMA map. It map shall show the closest cross streets in all
is issued by FEMA and changes flood zones, directions. B
delineations, and elevations.
Lodging House: A building where long term C
Library: A public facility for the use, but not rental lodging is provided for compensation
sale, of literary, musical, artistic, or reference to three (3) or more, but not exceeding twelve D
materials. (12) persons.
E
Light Industrial Processing and Distribution: Lodge or Private Club: A membership orga- F
Processing and distribution of materials and nization that holds regular meetings and that
products from processed or previously manu- may, subject to other regulations controlling G
factured materials. Light industry is capable of such uses, maintain dining facilities, serve
operation in such a manner as to control the alcohol, or engage professional entertainment H
external effects of processing such as smoke, for the enjoyment of dues paying members and
noise, odor, etc. their guests. There are no sleeping facilities. I
Linear Park: A park or other green, open Lot: A parcel of land of at least sufficient size J
space that forms a corridor, or is a part of a to meet the minimum zoning requirements of
corridor along a body of water, street, or pe- the zone in which it is located, and that has
K
destrian/bicycle trail. frontage and access on an improved public
street, or on an approved private street. A lot
L
Liquor Store: A store that offers retail and/or may be a single parcel separately described M
wholesale liquor, including wine and beer. in a deed which is recorded in the Office of
the County Recorder; or a lot may be a single N
Livestock: See “Farm Animal”. parcel separately described in a survey which is
recorded in the Office of the County Recorder; O
Livestock Auction/Sales Facility: A commercial or a lot may include a parcel contained in a
establishment where livestock is collected and plat or subdivision of land which is recorded P
auctioned and/or sold. Livestock at the facility in the Office of the County Recorder; or a lot
are there on a temporary basis, for immediate may include parts of, or a combination of, such Q
sale only, and not housed long term. parcels which are adjacent to one another and
R
used as one.
Livestock Raising and Breeding: The produc-
tion and upkeep of livestock for the purposes of S
sale, including the feeding, sheltering, grazing,
and shipping of livestock, including the storage
T
of all necessary materials and equipment. U
Loading Spaces/Loading and Unloading V
Berths: The off-street area required for the
receipt or distribution by vehicles of material or W
merchandise.
X
Local Street: See “Street, Local”.
Y
Location Map: A map showing the location of Lot Area: The horizontal area within the exte-
rior lines of a lot, including any easements, but Z
http://www.cityoflebanon.org Chapter 11: Definitions 369
11 11.1 Definitions
A excluding any rights-of-way or other similar Lot, Double Frontage: See “Lot, Through”.
dedications to the public.
B Lot, Flag: A lot with access provided to the
Lot, Buildable: Any lot upon which improve- bulk of the lot by means of a narrow corridor.
C ments are permitted to be constructed, or
which is otherwise allowed to be occupied and Lot Frontage: The linear distance of a lot mea-
D used consistent with all applicable require- sured at the front lot line where said lot abuts a
ments of this ordinance. street right-of-way, measured between side lot
E lines.
F Lot, Corner: A lot located at the junction of
and abutting two or more intersecting streets. Lot, Improved: See “Lot, Developed”.
G
Lot, Interior: Any lot which is not a corner lot
H or through lot.
I
J
K
L
M
Lot Coverage: The total ground area of a lot
N usually expressed as a percentage of the lot
area that is covered, occupied or enclosed by
O buildings structures, parking areas, driveways, Lot, Irregular: A lot that is characterized by
walkways, and other paved or impervious elongations, angles, shapes, and/or configura-
P surface. tion that is inconsistent with the topography,
street systems, other lots, and other features of
Q Lot Depth: The mean horizontal distance be- the area in which it is located.
tween the Front Lot Line and the Rear Lot Line
R of a lot, measured in the general direction of Lot Line, Front: For an interior or through lot,
the Side Lot Line. the line marking the boundary between the
S lot and the abutting street right-of-way. For
T a corner lot, the line marking the boundary
between the lot and each of the abutting street
U rights-of-way.
V Lot Line, Rear: A Lot Line which is opposite
and most distant from the Front Lot Line and,
W in the case of an irregular or triangular-shaped
lot, a line ten (10) feet in length within the lot,
X parallel to and at the maximum distance from
the Front Lot Line.
Y
Lot, Developed: A lot upon which improve- Lot Line, Side: Any lot boundary line not a
Z
ments have been made or is otherwise being Front Lot Line or a Rear Lot Line.
used for human purposes.
370 Lebanon, Indiana Unified Development Ordinance Adopted: December 10, 2007
11.1 Definitions
11
Lot Line: The property lines which define the A
lot.
B
Lot, Legal Nonconforming: See “Legal Non-
conforming Lot”. C
Lot Owners Association: An incorporated non- D
profit organization operating under recorded
land agreements through which each lot owner
E
is automatically a member and each lot is F
automatically subject to a proportionate share
of the expenses for the organization’s activities, G
Lot, Zoning: A single tract of land that, at the
such as maintaining common property.
time of application for an improvement loca-
tion permit, is designated by the applicant for
H
Lot of Record: A lot which is part of a subdivi-
the purpose of complying with this ordinance I
sion, the map of which has been recorded in
as the tract to be used, developed, or built
the Office of the County Recorder of Boone
upon. A zoning lot or lots may coincide with J
County, Indiana; or a parcel of land, the deed
one or more lots of record.
to which has been recorded in the Office of the
County Recorder of Boone County, Indiana,
K
Lowest Floor: The lowest of the following: 1)
prior to the date of passage of this ordinance.
the top of the basement floor; 2) the top of the L
garage floor, if the garage is the lowest level
Lot, Recorded: See “Lot of Record”.
of the building; 3) the top of the first floor of M
Lot, Though: A lot having frontage on two (2) buildings elevated on pilings or constructed
on a crawl space with permanent openings; N
or more non-intersecting streets.
or 4) the top of the floor level of any enclosure
below an elevated building where the walls of O
the enclosure provide any resistance to the flow
P
of flood waters unless: the walls are designed
to automatically equalize the hydrostatic flood Q
forces on the walls by allowing for the entry
and exit of flood waters, by providing a mini- R
mum of two openings (in addition to doorways
and windows) having a total area of one (1) S
square inch for every one (1) square foot of
enclosed area subject to flooding. The bottom T
of all such openings shall be no higher than
U
Lot, Undeveloped: A lot of record upon which one (1) foot above grade; such enclosed space
no improvements exist. shall be usable for the parking of vehicles and V
building access.
Lot Width: The horizontal distance between W
side lot lines measured at the required mini- Lumber Yard: An area used primarily for the
mum front setback line or built-line line affect- storage, distribution, and sale of finished or X
ing the property. rough-cut lumber and lumber products.
Y
Luminaire: A complete lighting unit consisting
of a light source and all necessary mechanical, Z
electrical, and decorative parts.
http://www.cityoflebanon.org Chapter 11: Definitions 371
11 11.1 Definitions
A Luminaire, Cut-off Type: A luminaire with ele- ing the assembling of component parts, the
ments such as shields, reflectors, or refractor manufacturing of products, and the blending
B angles that direct and cut-off light. of materials, such as lubricating oils, plastics,
resins, or liquors.
C Luminaire, Full Cut-off Type: A luminaire with
no light emitted above the horizontal plane. Marginal Access Street: See “Frontage Road”.
D
Luminaire, Semi Cut-off Type: A luminaire with Marker (survey): A stake or any other object
E less than 5% of the lamp lumens emitted above which is intended to mark a survey point on a
F the horizontal plane. lot or within a subdivision.
G Marquee: Any permanent roof-like structure
H
M projecting beyond a building or extending
along and projecting beyond the wall of the
Maneuvering Aisle: A maneuvering space building, generally designed and constructed to
I which serves two or more parking spaces, provide protection from the weather.
such as the area between two rows of parking
J spaces and/or the driveway leading to those Masonry: Construction material that consists of
spaces. brick, stone, tile, rock, granite, marble, or other
K built-up panels of these materials, or molded
Maneuvering Space: An open space in a park- concrete that is held together with mortar, as
L ing area which is immediately adjacent to a long as the molded concrete does not make up
parking space; is used for and/or is necessary a continuous wall section.
M for turning, backing or driving forward a motor
vehicle into said parking space; but is not used Massage Parlor: See “Health Spa”.
N for the parking or storage of motor vehicles.
Massing: The shape and form a building takes
O Manufactured Home: See “Dwelling, Manufac- on through architectural design. There are ten
P tured Home”. (10) architectural design elements that create
urban space; 1) building silhouette (similar
Q Manufactured Home Park: A parcel of land pitch and scale to a roof line), 2) spacing
containing two (2) or more dwelling sites, with between building facades (setbacks or notches
R required improvements and utilities, that are between primary facades that frame the struc-
leased for long term placement of Manufac- ture), 3) setback from property line (building
S tured Home Dwellings. A Manufactured Home setback and/or primary facade setback from
Park does not involve sales of Manufactured the property line), 4) proportion of windows,
T Home Dwellings in which unoccupied units are bays, and doorways (vertical or horizontal
parked for inspection or sale. elements tied together in bands across facade
U
lengths), 5) proportion of primary facade (size
Manufactured Home Sales: The sale and of facades similar in area and height to width
V
incidental storage of single-family detached ratios), 6) location and treatment of entry-
W housing that includes manufactured homes. way (important visual commonality between
structures), 7) exterior materials used (similar
X Manufactured Home Site: The area of land in materials and treatment add to detail and
a manufactured home park for the placement monumentality of a building), 8) building scale
Y of one manufactured home. (similarity of building height and configura-
tion), 9) landscaping (ties together buildings
Z Manufacturing Facility: A facility for the me-
and defines space), and 10) shadow patterns
chanical or chemical transformation of materi-
form decorative features (the light and dark
als or substances into new products, includ-
372 Lebanon, Indiana Unified Development Ordinance Adopted: December 10, 2007
11.1 Definitions
11
surfaces from materials used and projections sizes, each for individual purchase or rental for A
from windows, bays, and setbacks create visual the storage of household goods.
breaks). A specific project may not need to B
incorporate all ten (10) elements. Minor Subdivison: A subdivision which results
in the creation of four (4) or fewer lots from a C
Meat Market (Butcher): A market that primarily parent tract, whether at the same time or over
offers retail and/or wholesale meats, but may the course of time. D
also sell related incidental products.
Mixed-Use Development: An area, parcel
E
Mechanical Equipment: Equipment installed of land, or structure developed for two (2) or F
for a use appurtenant to the principal use. Such more different land uses.
equipment may include heating and air con- G
ditioning equipment, solar collectors, parabolic Mobile Home: See “Dwelling, Mobile Home”.
antennas, and power generating devices. H
Mobile Home Park: See “Manufactured Home
Medical or Health Clinic: A facility in which Park”. I
human patients are admitted for medical or
dental study or treatment on an out-patient Moderate Burning: See “Burning, Moderate”. J
only basis, and in which the services of at least
two (2) physicians or dentists are provided. Monument: See “Marker (survey)”. K
Motel: A building or a group of detached or L
Medical Office: A building, other than a
hospital, used by one or more licensed physi- connected buildings devoted to the provision of
cians for the purpose of receiving and treating sleeping accommodations for automobile tran- M
patients. sients, and containing bedroom, bathroom,
closet space, and convenient access to a park- N
Metes and Bounds: A description of land pre- ing space. Motels may include other accessory
O
pared by a state-registered land surveyor pro- uses such as restaurants, swimming pools,
viding measured distances and courses from meeting rooms, and the like. A motel furnishes P
known or established points on the surface of customary services such as maid service and
the earth. laundering of linen, telephone, secretarial, or Q
desk service, and the use and upkeep of furni-
Microbrewery (Brew-Pub): A facility for the ture. See also “Hotel”. R
production and packaging of malt beverages
of low alcoholic content for distribution, retail, Motorbus or Railroad Passenger Station: A S
or wholesale, on or off premise, with a capacity centralized and/or primary community facility
for the transient housing or parking of motor T
of not more than 15,000 barrels per year. The
development may include other uses such as a driven buses, trains, or similar mass transit
U
standard restaurant, bar or live entertainment. modes of transportation, and the loading and
unloading of passengers. V
Mineral Extraction: The extraction of metallic
and nonmetallic minerals or materials from the Motor Home: See “Recreational Vehicle”. W
earth for use off-site, including incidental uses
and facilities such as rock crushing, screen- Motor Vehicle: Any passenger vehicle, truck, X
ing, and the necessary storage and use of tractor, tractor-trailer, truck-trailer, trailer, or
explosives. semi-trailer propelled or drawn by mechanical Y
power.
Mini-Storage Facility: A storage structure
Z
containing separate storage spaces of varying Motor Vehicle, Inoperable: See “Vehicle,
Inoperable”.
http://www.cityoflebanon.org Chapter 11: Definitions 373
11 11.1 Definitions
A Multifamily Dwelling: See “Dwelling, periodicals.
Multifamily”.
B Night Club: A commercial establishment
Multi-Tenant Building: A grouping of two or operated as a place of entertainment featuring
C more business establishments that either share live, recorded, or televised musical, comedy,
common parking on the lot where they are or magic performances; dancing; and/or the
D located, or that occupy a single structure or serving of alcoholic beverages.
separate structures that are physically or func-
E No Access Easement: Public easement along a
tionally related or attached.
F public right-of-way across which the access to
Multi-Use Pathway: See “Pathway”. the property is not permitted.
G
Museum: A building having public significance No-Access Reservation: A restriction placed on
H by reason of its architecture or former use or a lot, typically shown as a line labeled as such
occupancy, or a building housing a specific on preliminary and final subdivision plats, that
I collection of natural, scientific, or literary ma- prohibits vehicular access from the affected
terials, objects of interest, or works of art, and lot(s) to an adjacent street.
J designed to be used by the public with or with-
out an admission charge. It may include as an Nonconforming Lot, Use, or Structure (Legally):
K accessory use the sale of goods to the public. See “Legal Nonconforming Lot” or Legal Non-
conforming Use”.
L
M N Nonconforming Lot: A lot that does not con-
form to the regulations of the zoning district in
Natural Condition: The condition that arises which it is located.
N from, or is found in nature unmodified by hu-
man intervention. Nonconforming Structure: A building or other
O structure that does not conform to the regula-
Natural Drainage: Drainage channels, routes, tions of the zoning district in which it is located.
P and ways formed over time in the surface
topography of the earth prior to any modifi- Nonconforming Use: A use of land that does
Q
cations or improvements made by unnatural not conform with the regulations of the district
R causes and/or human intervention. in which it is located.
S Natural Features: The physical characteristics Nuisance: An interference with the enjoyment
of a property or area that are not man-made, and use of property as defined by the Nuisance
T such as soil types, geology, slopes, vegetation, Ordinances of the City of Lebanon.
and drainage patterns.
U Nursery: An enterprise that conducts the retail
Nature Preserve/Center: An area in which and/or wholesale of plants grown on the
V plants, animals, and topographic features are premises, as well as accessory items (but not
protected in their current, natural condition. power equipment, such as gas or electric lawn
W mowers and farm implements) directly related
Neighborhood Recreational Area: A private to their care and maintenance.
X
recreation area which is owned by a neighbor-
Y hood association or a developer, and is only Nursing Home: Any institution, whether oper-
for the use of the residents of that subdivision. ated for profit or not, including a place oper-
Z ated by a county or municipality, which under-
News Dealer: An establishment that primar- takes through its ownership or management
ily sells newspapers, magazines, and other to provide for a period exceeding twenty-four
374 Lebanon, Indiana Unified Development Ordinance Adopted: December 10, 2007
11.1 Definitions
11
(24) hours, nursing care, personal care, or professional, research, or similar organiza- A
custodial care for three (3) or more persons not tions, and laboratories having only limited
related to the owner or manager by blood or contact with the public, with no merchandise or B
marriage, who by reason of illness, physical in- merchandising services sold on the premises.
firmity, or advanced age require such services, C
but, in contradistinction to a hospital, does not Official Zoning Map: A map of the City of
Lebanon, Indiana and its vicinity, that legally D
include any place providing care or treatment
primarily for the acutely ill. denotes the boundaries of zoning districts as
E
they apply to the properties within the Plan
Commission’s jurisdiction. F
O Oil Change Shop: A facility that provides lu- G
Objectionable Odor: Odors that are nau- brication, checking, changing, and the addition
seating, noxious, or generally recognized as of those fluids and filters needed for automo- H
unpleasant. bile maintenance. Generally such services are
provided while the customer waits. I
Occupancy: The use of any land or structure.
Open Space: The total horizontal area of a lot J
Occupied Space: The total area of earth excluding buildings, parking areas, drives, and
horizontally covered by the structure, excluding sidewalks/pathways (unless related to recre-
K
garages, patios and porches and other acces- ation) but including recreational area, land- L
sory structures. scaped area, wetlands, streams, meadows or
open fields containing baseball, football, and M
Octive Band: A narrow range of sound fre- soccer fields, golf courses, swimming pools,
quencies which classify sounds according to and wooded areas. In residential districts, said N
pitch. In the octave band analyzer the audible open space may include the usable roof area
sound spectrum is divided into eight octave within the project which has been improved for
bonds.
O
outdoor use of occupants.
P
Octive Band Analyzer: An electrical device Ornamental Shrub: See “Shrub, Ornamental”.
used with the sound level meter that sorts a Q
complex noise or sound into the various octave Ornamental Tree: See “Tree, Ornamental”.
bonds. R
Outdoor Commercial Recreational Enterprise:
Off-Site Improvement: An improvement An establishment whose main purpose is to S
related to new development that occurs, or is provide the general public with an amusing
constructed on property that is outside of the or entertaining activity and where tickets are T
parcel or tract that is being developed. Off-site sold or fees are collected for the activity. These
improvements typically include, but are not lim-
U
activities include, but are not limited to, skating
ited to drainage, public water systems, public rinks, water slides, go-cart tracks, carnivals, V
sewer systems, and streets. and amusement parks.
W
Office, Professional: See “Professional Office”. Outdoor Storage: The keeping of items for
sale, the products of manufacturing, materials X
Office Supply Store: A large establishment used in production, vehicles, and other similar
that offers retail and wholesale office supplies materials and/or equipment in an area outside Y
including items such as paper, writing utensils, of any building.
computer equipment, and office furniture. Z
Outdoor Storage, Seasonal: The outdoor stor-
Office Use/Building: Administrative, executive,
http://www.cityoflebanon.org Chapter 11: Definitions 375
11 11.1 Definitions
A age of items for retail sale that are, by their Parking Lot: An open off-street area to be used
nature, sold during a peak season, such as for the storage of motor vehicles, whether free
B fruits and vegetables, Christmas trees, lawn or for compensation, for limited periods of
accessories, and bedding plants. time. A parking lot includes all parking spaces,
C interior drives, and maneuvering areas.
Outlot: A lot platted as part of a larger devel-
D opment that is intended for the development of Parking, Off-Street: A storage space for
uses and structures which are complementary an automobile located outside of a street
E
to but of a smaller scale than the principal use right-of-way.
F or structure in the development.
Parking, On-Street: A storage space for an
G Overlay Zoning District: A zoning district automobile that is located within the right-of-
that extends across one or more other zoning way of a street.
H districts which is intended to provide additional
or alternate regulations for a specific critical Parking, Shared: A parking space or lot used
I feature or resource. jointly by two (2) or more uses or structures.
J Owner: Any person, group of persons, firm or Parking Space: A space within a public or
firms, corporation or corporations, or any other private parking area for the storage of one (1)
K legal entity having legal title to, or sufficient motor vehicle.
L proprietary interest in the land, or their legal
representative. Parking Structure: A structure of two or more
M stories, whether privately or publicly owned,
Owners Association: See “Lot Owners used for parking.
N Association”.
Particulate Matter: Finely divided liquid or solid
O material which is discharged and carried along
P in the air. This shall not include water droplets,
commonly called steam.
P
Packaging Facility: A facility that packages
Q supplies and products that are manufactured Pathway: A designated route for travel by
off site. pedestrians, bicycles, and other non-motor-
R ized methods of personal transportation and
Parapet: The portion of a wall which extends recreation which is surfaced with crushed rock,
S above the roof line. concrete, or asphalt and separated from streets
by distance or striping. See also “Trail”.
T Parcel: see “Lot”.
Paved Surface: A durable surface for parking,
U Parent Tract: The land from which the new lot driving, riding or similar activities that utilizes
or tract of land is being taken from, as re- asphalt, Portland cement, concrete, brick, pav-
V corded in the Recorder’s Office at the time of ing blocks or similar material. Crushed gravel,
adoption of this ordinance or any subsequent street grindings, stone, rock, or dirt, sand or
W
amendments thereto. grass are not a paved surface.
X
Park: Any public or private land and related Penal (Correctional) Institution: Publicly or
Y structures, including athletic facilities, shelter privately operated facilities housing persons
houses, and maintenance facilities that are awaiting trial or persons serving a sentence
Z designed to provide recreational, educational, after being found guilty of a criminal offense.
cultural, or aesthetic use to the community.
Performance Bond or Surety Bond: A personal
376 Lebanon, Indiana Unified Development Ordinance Adopted: December 10, 2007
11.1 Definitions
11
or corporate surety agreement between a sub- cines are prepared and dispensed. Pharmacy A
divider and such surety in favor of a govern- also includes the incidental retail sale of medi-
mental body guaranteeing the completion of cal accessories and convenience goods and B
physical improvements according to plan and services.
specifications within the time prescribed by the C
subdivider’s agreement. See also “Surety”. Photographic Studio: A facility engaged in
onsite photography, processing, and devel- D
Permanent Foundation: A structural system for opment, including limited retail sale, lease
E
transposing loads from a structure to the earth and service of photography equipment and
at a depth below the established frost line with- supplies. F
out exceeding the safe bearing capacity of the
supporting soil. See also “Foundation”. Place of Worship: See “Church”. G
Person: A natural person, corporation, firm, Plan: See “Comprehensive Plan”. H
partnership, association, trust, organization,
unit of government, or any other entity that acts Plan Commission: The Lebanon Plan I
as a unit, including all members of any group. Commission.
J
Personal Services: An establishment or place Planned Unit Development: A large-scale
of business primarily engaged in the provision unified development meeting the requirements K
of frequent and recurrent services of a personal of this ordinance. Generally a planned unit
development consists of a parcel or parcels
L
nature, such as a beauty or barber shop, shoe
repair shop, or tanning salon. of land, controlled by a single person, to be M
developed as a single entity which does not
Pervious Pavement: A hard surface that pres- correspond in size of lots, bulk or type of build- N
ents an opportunity for precipitation to infiltrate ings, density, lot coverage, and required open
into the ground. space to the regulations established in any zon- O
ing district of this ordinance.
Pervious Surface: A surface that presents an P
opportunity for precipitation to infiltrate into the Planning and Zoning Administrator: See “Ad-
ground. ministrator, Planning and Zoning”. Q
Pet Store: A retail sales facility primarily in- Planting Season: The spring and fall time R
volved in the sale of domestic animals, such periods during which new plant material which
as cats, dogs, fish, birds, and reptiles as well is installed is most likely to survive the plant- S
as domestic pet accessories. A pet shop does ing process. Generally these periods are from
April 15 to June 15 in the spring and from
T
not include the retail sale of exotic or farm
animals. October 15 to November 15 in the fall. U
Petitioner: Any person who formally makes a Plat: A map or chart indicating the subdivision V
request before the Plan Commission or Board or re-subdivision of land, intended to be filed
of Zoning Appeals consistent with the processes for record. W
and requirements of this ordinance. See also
“Applicant”. Plat Committee: A committee established by X
the Plan Commission to review and make deci-
Petroleum Processing and Storage: An estab- sions on minor subdivision and administrative Y
lishment that processes and stores petroleum subdivision petitions.
and its raw ingredients.
Z
Plat, Primary: The map and supporting infor-
Pharmacy: A place where drugs and medi- mation indicating the proposed layout of the
http://www.cityoflebanon.org Chapter 11: Definitions 377
11 11.1 Definitions
A subdivision and presented to the Commission manner. For instance, a person may request
for consideration and primary approval in ac- a variance from a side yard setback due to a
B cordance with these regulations. large tree which is blocking the only location
that would meet the Development Standards
C Plat, Secondary: A drawing, in final form, for a new garage location.
showing the subdivider’s plan of subdivision,
D containing all information or detail required by Premises: A Lot or Plot of land, including any
law and by these regulations, and which is to buildings thereon.
E
be presented to the Plan Commission for ap-
F proval; if approved and signed by the desig- Primary Approval: An approval (or approval
nated officials, such plat may be duly filed or with conditions) granted to a subdivision by the
G recorded by the applicant in the Office of the Plan Commission, indicating that it has deter-
Boone County Recorder. mined after a public hearing that the subdivi-
H sion complies with the standards prescribed in
Plat, Minor: See “Minor Subdivision”. this ordinance.
I
Playground: A recreational area for use pri- Principal Structure: See “Structure, Principal”.
J marily by children.
Primary Plat: See “Plat, Primary”.
K Police, Fire, or Rescue Station: An outpost
station that serves as an office of operation for Principal Use: See “Use, Principal”.
L
police, fire, and/or rescue services. Such sta-
tions include personnel, equipment, vehicles, Print Shop (Copy Center): A facility for the
M
and training facilities. custom reproduction of written or graphic ma-
N terials on a custom order basis for individuals
Porch: A covered, but otherwise unenclosed or businesses. Typical processes include, but
O structure projecting out from the wall or walls are not limited to, photocopying, blueprint, and
of a main structure. facsimile sending and receiving, and including
P offset printing.
Porous Pavement: See “Pervious Pavement”.
Q Printing Facility: Any facility that prints pub-
Post Office: A facility operated by the United lications including books, magazines, and
R States Postal Service that houses service win- newspapers for the purposes of sale and/or
dows for mailing packages and letters, post distribution.
S office boxes, offices, vehicle storage areas, and
sorting and distribution facilities for mail. Private Club: A facility or property owned or
T operated by a corporation, association, person
Power Generation Facility: A facility that pro- or persons for a social, educational, or recre-
U
duces usable electricity by harnessing any array ational purpose and for which membership is
V of resources including fossil fuels, water, wind, required for participation.
and solar sources.
W Private Recreational Facility: A recreational
Practical Difficulty: A difficulty with regard to facility for use by residents and guests of a
X one’s ability to improve land stemming from particular residential development, church, pri-
regulations of this ordinance. A practical dif- vate primary or secondary educational facility,
Y ficulty is not a “hardship,” rather it is a situa- or limited residential neighborhood, including
tion where the owner could comply with the both indoor and outdoor facilities and private-
Z regulations within the Zoning Ordinance, but ly-owned golf courses open to the public.
would like a variance from the Development
Standards to improve his/her site in a practical Private Street/Drive: See “Street, Private”.
378 Lebanon, Indiana Unified Development Ordinance Adopted: December 10, 2007
11.1 Definitions
11
Processing Plant: A building or an enclosed conduits, cables, fire alarm boxes, police A
space used for the collection and processing of call boxes, traffic signals, hydrants, towers
material. “Processing” means the preparation and other similar equipment and accessories B
of material for efficient shipment, or to an end- in connection therewith, by public utility or
user’s specifications, by such means as baling, municipal departments, commissions, or com- C
briquetting, compacting, flattening, grinding, mon carriers, for the public health or safety or
D
crushing, mechanical sorting, shredding, clean- general welfare.
ing, and remanufacturing. E
Public Utility Structure: Electric and telephone
Produce Terminal: A large warehouse facil- substations and distribution centers, filtration F
ity that sells produce at wholesale to retailers, plants, pumping stations and water reservoirs;
hotels, catering services, and other businesses. public or package sewer treatment plants, tele- G
phone exchanges; radio and television trans-
Professional Office: Office of a member or mitting or relay stations; antenna towers and H
members of a recognized profession, including other similar public utility service structures.
but not limited to: architects, artists, dentists, I
engineers, lawyers, musicians, physicians, Publishing Facility: Any facility that prints and/
surgeons or pharmacists, and realtors or insur- or assembles publications including books, J
ance agents and brokers. magazines, and newspapers for the purposes
K
of sale and/or distribution.
Prohibited Tree: See “Tree, Prohibited”. L
Property Owner: See “Owner”.
Q M
Public Art: Any visual work of art that is acces- Quarry: A lot or any part of a lot used for N
sible to public view and located on public or the extracting of stone, sand, gravel, or any
private property. other material to be processed for commercial O
purposes.
Public Hearing: A formal meeting, announced P
and advertised in advance consistent with the
requirements of this ordinance, which is open
to the public, and at which members of the
R Q
public have an opportunity to participate. Racetrack: Any measured venue for the sport R
of racing where animals or machines are
Public Improvement: Any drainage ditch, entered in competition against one another or S
street, highway, parkway, sidewalk, pedes- against time. A racetrack may or may not have
trian-way, tree, lawn, off-street parking area, areas for spectators. Racetrack includes, but T
lot improvement, or other facility for which the is not limited to, oval track racing, drag racing,
local government may ultimately assume the motorcross, tractor pulling, go-cart racing, re- U
responsibility for maintenance and operation, mote control airplane flying, and similar uses.
or which may affect an improvement for which
V
local government responsibility is established. Radio Station: An establishment that broad-
W
casts radio signal programming.
Public Street: See “Street, Public”. X
Rear Setback: See “Setback, Rear “.
Public Utility Installations: The erection, con- Y
struction, alteration, or maintenance by public Record: The written documentation of the ac-
utilities, municipal departments, commissions tions and expressions of a public body, such Z
or common carriers of underground, surface as the Plan Commission or Board of Zoning
or overhead gas, oil, electrical, steam, pipes, Appeals.
http://www.cityoflebanon.org Chapter 11: Definitions 379
11 11.1 Definitions
A Record Shop (CD Shop): An establishment that permitted to practice in the State of Indiana.
primarily deals with new and used audio re-
B cordings in an array of media formats. Some Registered Land Surveyor: A land surveyor
shops also include the sales of new and used properly licensed and registered or through
C video recordings as well. reciprocity permitted to practice in the State of
Indiana.
D Recreational Development, Private: A recre-
ational establishment held in private ownership Registered Landscape Architect: A landscape
E architect properly licensed and registered or
and either open only to members or open to
F the general public in exchange for an admis- through reciprocity permitted to practice in the
sion fee. State of Indiana.
G
Recreational Vehicle: Any building, structure, Registered Professional Engineer: An engineer
H or vehicle designed and/or used for seasonal properly licensed and registered or through
living or sleeping and/or recreational purposes reciprocity permitted to practice in the State of
I and equipped with wheels to facilitate move- Indiana.
ment from place to place (either under its own
J power or towed by another vehicle). Recre- Regulatory Flood: The flood having a one
ational vehicles are built on a single chassis percent (1%) probability of being equaled or
K exceeded in any given year, as calculated by a
and measure four hundred (400) square feet
or less, including the largest horizontal pro- method and procedure which is acceptable to
L
jections, and are of a size that is street legal. and approved by the Indiana Natural Resourc-
M Recreational vehicles include pick-up truck es Commission and the Federal Emergency
coaches, motorized homes, boats, travel trail- Management Agency. The “Regulatory Flood”
N ers, snow mobiles, and camping trailers not is also known by the term “Base Flood.” See
meeting the definition of a manufactured or also “Base Flood Elevation”.
O mobile home.
Regulatory Floodway: The channel of a river
P Recreational Vehicle Park: Any site, lot, field, or stream and those portions of the flood
or tract designed with facilities for the tempo- plains adjoining the channel which are reason-
Q rary use of recreational vehicles. ably required to efficiently carry and discharge
peak flow of the regulatory flood of any river
R Recreational Vehicle Sales: The sale and inci- or stream and, is that area covered by flood-
dental storage of recreational vehicles. waters in significant downstream motion or
S covered by significant volumes of stored water
Recycling Center: A facility for the collec- during the occurrence of the regulatory flood.
T tion, sorting, storing and processing of paper
products, glass, plastics, aluminum or tin cans Repair Services: Establishments that provide
U
prior to shipment for remanufacture into new repair services to individuals and households,
V materials. rather than businesses, not including automo-
tive and equipment repair. Typically such ser-
W Refuse Dump: A facility designated to receive vices include the repair of appliances, watches,
and hold municipal solid waste and other jewelry, and musical instruments.
X waste matters. Waste at a refuse dump is not
compacted or covered as it is in a sanitary Replat (or Resubdivision): Any change in a
Y landfill. See also “Sanitary Landfill”. recorded plat which does not result in the
creation of additional lots. It may include all
Z Registered Architect: An architect properly or any part of a previous subdivision or plat.
licensed and registered or through reciprocity A replat shall be considered an Administrative
380 Lebanon, Indiana Unified Development Ordinance Adopted: December 10, 2007
11.1 Definitions
11
Subdivision, provided no new streets or utility building and adjoining parking area, the A
expansions are required. primary function of which is selling food to the
public by order from and service to passengers B
Rescue Station: See “Police, Fire, or Rescue in vehicles parked outside of the structure.
Station”. Drive-in restaurants may also provide seating C
inside of the building.
Research Laboratory: A structure or group of D
structures used primarily for applied and de- Restaurant, Fast Food: An establishment
velopmental research where product testing is
E
that offers quick food service, which is ac-
an integral part of the operation and goods or complished through a limited menu of items F
products used in the testing may be manufac- already prepared and held for service, or pre-
tured and stored. pared quickly. Orders are generally not taken G
at the customer’s table, and food is generally
Residence: See “Dwelling”. served in disposable wrapping or containers. H
Establishment may include a drive-thru service
Residential District: An area used primarily for facility. I
dwellings.
Retail Uses: Commercial enterprises that J
Residential Facility for the Developmentally provide goods and/or services directly to the
Disabled Type I: A residential facility which K
consumer, where such goods are available for
provides residential services for not more than immediate purchase and removal from the
eight (8) developmentally disabled individuals,
L
business.
as defined by IC 12-28-4-8. M
Retention Pond: An area that is designed
Residential Facility for the Developmentally to permanently hold specific quantities of N
Disabled Type II: A residential facility which stormwater. Captured water only dissipates
provides residential services for more than via percolation into the ground water or by O
eight (8) developmentally disabled individuals, evaporation.
as defined by IC 12-28-4-8. P
Retirement Facility: A residential complex con-
Residential Facility for the Mentally Ill: A taining multifamily dwellings designed for and
Q
residential facility which provides residential occupied by senior citizens (persons sixty (60)
services for mentally ill individuals, as defined years of age or older, or couples where either R
by IC 12-28-4-7. the husband or wife is sixty (60) years of age or
S
older). Such facilities may include a common
Residential Treatment Center: Any facility gathering and dining facilities, but exclude
licensed by the Indiana Department of Health, T
nursing care.
public or private, which regularly provides one
U
or more people with twenty-four (24) hour a Retreat Center: A facility used for professional,
day substitute care, food, lodging, training, educational, or religious meetings, conferenc- V
education, supervision, habilitation, rehabilita- es, or seminars which provides meals, hous-
tion and treatment they need, but which for any ing, and recreation for participants during the W
reason can not be furnished in the person’s period of the retreat or program.
own home. X
Rezoning: An amendment to the Official Zon-
Restaurant: A structure in which the principal ing Map which has the affecting of removing
Y
use is the preparation and sale of food and property from one zoning district and placing it
beverages. Z
in a different zoning district.
Restaurant, Drive-in: A facility, including a
http://www.cityoflebanon.org Chapter 11: Definitions 381
11 11.1 Definitions
A Riding Stable: An establishment that shelters Sales, Incidental: Sales that are related and
and offers upkeep to horses for use by patrons subordinate to the primary service or retail
B and private owners. Stables generally include activities of a commercial use.
grazing pastures and land designated for
C horseback riding. Sales, Temporary/Seasonal: Facilities that are
indoor or outdoor and operate on a temporary
D Right-of-Way: A specific and particularly basis for the sale of seasonal fruits and vege-
described strip of land, property, or interest tables, fireworks, Christmas trees, and/or other
E
therein devoted to and subject to the lawful holiday, event, or season related products.
F public use, typically as a thoroughfare of pas-
sage for pedestrians, vehicles, or utilities, as Sanitary Landfill: The designated area where
G officially recorded in the office of the Boone nonhazardous and non-medical farm, resi-
County Recorder. dential, institutional, commercial, or industrial
H waste is buried. See also “Refuse Dump”.
Right-of-Way Line: The limit of publicly owned
I land encompassing a public facility, such as a Satellite Dish/Antenna: An apparatus capable
street or an alley. of receiving communications from a transmitter
J relay located in a planetary orbit or broadcast-
Ringelmann Number: The number of the area ed signals from transmitting towers.
K on the Ringelmann Chart that most nearly
matches the light-obscuring capacity of smoke. School: A public or private institution which
L
The Ringelmann Chart is published by the U. offers instruction in any of the branches of
M S. Bureau of Mines, and it illustrates graduated learning and study comparable to that taught
shades of gray for use in estimating smoke in the public schools under the Indiana School
N density. Smoke below the density of Ringel- Laws, including pre-kindergarten, kindergar-
mann No. I shall be considered no smoke, or ten, elementary school, and junior and senior
O Ringelmann “0”. high schools, whether public or founded or
conducted by or under the sponsorship of a
P Road: See “Street”. religious or charitable organization, but exclud-
ing trade, business, or commercial schools.
Q Roadside Sales Stand: A temporary structure, See also “Trade or Business School”.
not permanently affixed to the ground, which
R is used solely for the display or sale of farm School, Commercial: See “Trade or Business
products produced on the premises upon which School”.
S such roadside stand is located. No roadside
stand shall be more than three hundred (300) School, Private: Non-state supported or
T square feet in ground area and there shall not sponsored primary, grade, high or preparatory
be more than one roadside stand on any one school or academy.
U
premise.
V School, Special: Any school which has as its
ROW: See “Right-of Way”. primary purpose the instruction, care and reha-
W bilitation of atypical or exceptional children or
Runoff: The surface water discharge or rate adults such that the usual statutory educational
X of discharge of a given watershed after a fall requirements expressly or implicitly do not
of rain or snow that does not enter the soil but apply.
Y runs off the surface of the land.
School (University or College): See “University”.
Z
S Scrap Metal Yard: A general industrial use
established independent or ancillary to and
382 Lebanon, Indiana Unified Development Ordinance Adopted: December 10, 2007
11.1 Definitions
11
connected with another general industrial use, A
which is concerned exclusively in new and
salvaged metal pipes, wire, beams, angles, B
rods, machinery, parts, filings, clippings, and
all other metal items of every type, and which C
acquires such items incidental to its connection
D
with the other general industrial use or by pur-
chase, consignment or bailment which stores, E
grades, processes, melts, cuts, dismantles,
compresses, cleans, or in any way prepares F
said items for reuse by the connected other Setback, Front: The horizontal space between
general industrial use or for storage, sale or the nearest foundation of a building to the G
shipment and use in other industries or busi- front lot line, extending to the side lines of the
nesses including open hearth, electric furnaces lot, and measured as the shortest distance from H
and foundry operations; such an establishment that foundation to the front lot line.
shall not include junk yards, dumps, or auto- I
mobile graveyards.
J
Secondary Approval: An approval by the K
official designated by the Plan Commission in-
dicating that all conditions of Primary Approval L
have been met.
M
Secondary Plat: See “Plat, Secondary”.
N
Section: A unit of a manufactured home.
O
Sedimentation: The process by which mineral
or organic matter is accumulated or deposited P
by moving wind, water, or gravity. Once this
matter is deposited (or remains suspended in
Q
water), it is usually referred to as “sediment”. R
Seed Sales, Distribution, and Storage: An
establishment that sells, stores, and distrib-
S
utes agricultural seed for farm planting. Such Setback, Rear: The horizontal space between
T
establishments primarily sell in bulk for com- the nearest foundation of a building to a rear
mercial farm purposes. lot line and that rear lot line, extending to U
the side lines of the lot, and measured as the
Semi-Tractor/Trailer Storage: The storage of shortest distance from the foundation to the V
any vehicle without motive power designed to rear lot line.
be coupled with or drawn by a motor vehicle W
and constructed so that some part of its weight
and that of its load rests upon or is carried by X
another vehicle.
Y
Senior Housing: See “Retirement Facility”.
Z
Setback: The horizontal distance between a
structure and a lot line or right-of-way line
measured at a distance that is perpendicular to
the lot line or right-of-way line.
http://www.cityoflebanon.org Chapter 11: Definitions 383
11 11.1 Definitions
A all shooting areas and targets are completely
enclosed in a structure.
B
Shooting Range (Outdoor): Any establish-
C ment at which firearms are discharged for the
purpose of recreation and entertainment, and
D at which any portion of the shooting areas or
targets are located outside of a completely
E
enclosed structure.
F Setback, Side: The horizontal space between
Shopping Center: An architectural and func-
the nearest foundation of a building to the
G tional grouping of retail stores and appropri-
side lot line, measured as the shortest distance
ate associated and accessory uses, generally
between that foundation and the side lot line at
H oriented around a super market or department
a ninety degree (90O) angle to the side lot line.
store, and designed to serve residential neigh-
I borhoods or communities. For the purpose of
this ordinance, any development consisting of
J two or more professional office uses, personal
service uses, retail service uses, or any combi-
K
nation thereof, shall be considered a shopping
L center.
M Shopping Mall: A shopping center where
numerous stores front on a pedestrian way that
N may be enclosed or open.
O Shrub, Ornamental: A shrub planted primarily
for its ornamental and screening value, not to
P be confused with a perennial.
Q Side Lot Line: See “Lot Line, Side”.
R Side Setback: See “Setback, Side”.
S Sight Distance: The measurement from a
driver’s eyes, which are assumed to be three
T and three-quarters (3.75) feet above the pave-
U ment surface, to an object six (6) inches high
Sewage Treatment Plant: Any facility designed on the pavement.
V for the treatment of sewage that serves an en-
tire community, region, or specific geographic Sight Visibility Triangle: Triangular shaped
W area. areas on each corner of an intersection that
are looked through by drivers approaching or
X Shoe Repair Shop: An establishment that departing an intersection to view oncoming
primarily repairs shoes, with incidental sales of traffic on crossing streets and roadways.
Y shoe related items.
Sign: Any name, identification, description,
Z Shooting Range (Indoor): Any establishment at device, display, or illustration which is affixed
which firearms are discharged for the purpose to, painted, or represented directly or indirectly
of recreation and entertainment, and at which upon a building, structure, or piece of land
384 Lebanon, Indiana Unified Development Ordinance Adopted: December 10, 2007
11.1 Definitions
11
which directs attention to an object, product, Sign, Changeable Copy: A sign designed A
place, activity, person, institution, organiza- and used to display temporary letters, num-
tion, or business. A sign includes the face area bers, symbols, and other items which may be B
which conveys a message, any equipment changed by hand, electronically, or by other
or sign device, and any related mechanical, means. The height, face area, and other struc- C
electrical, and structural supports and features, tural and lighting characteristics of changeable
D
such as poles and lighting. In no instance shall copy signs remain constant, providing a back-
this ordinance be interpreted as considering ground for temporary messages. A sign on E
any flag as a sign. which the message changes more than eight
times per day shall be considered an animated F
Sign, Abandoned: A sign that is no longer sign and not a changeable copy sign for the
located on or conducted on the property where purposes of this ordinance. G
the sign is displayed.
Sign, Directional: Any on-premises sign that H
Sign, Animated: A sign with action, motion, includes information assisting in the flow of
or changing colors or lights, any of which is pedestrian or vehicular traffic, such as “enter”, I
imitates movement. A flashing sign shall be “exit”, and “one-way”.
considered to be an animated sign. J
Sign, Double-Faced: A sign designed and/or
Sign, Area: The entire face of a sign includ-
K
used to display a message on the outer sur-
ing the message surface and any framing or face of two (2) identical and opposite parallel L
trim, but excluding any poles or other supports. planes.
Sign area is measured as the maximum vertical M
dimension of the face area multiplied by the Sign, Entry Feature: A permanent on-premise
maximum horizontal dimension of the face sign identifying an entrance to a residential N
area, each at its largest point. subdivision, apartment complex, or manufac-
tured home park. O
Sign, Awning: A sign incorporated into, or at-
tached to an awning. Sign, Face: The area or display surface used P
for the message.
Sign, Banner: A sign with or without charac- Q
ters, letters, illustrations, or ornamentations ap- Sign, Free-Standing: A sign supported com-
R
plied to cloth, paper, flexible plastic, or fabric pletely by a frame, pole, or foundation and
of any kind with only such material for back- which is independent from all other structures
ing and secured or mounted to allow motion on the property.
S
caused by the atmosphere. T
Sign, Ground: See “Sign, Monument”.
Sign, Banner (Fixed): A banner that is support- U
ed along one or more sides or at two or more Sign, Height: The highest point measured from
corners by staples, tape, wires, ropes, strings, grade level at the base of the sign to the high- V
or other materials that are not fixed or rigid. est point of the sign, including any structure,
frame, light fixture, or other element of the W
Sign, Billboard: See “Sign, Off-Premise”. sign.
X
Sign, Canopy: Any sign that is a part of or Sign, Illuminated: A sign lighted by or exposed
attached to an awning, canopy or other fabric, to artificial lighting either by lights on or within Y
plastic, or structural protective cover over a the sign or directed toward the sign.
door, entrance, window, or outdoor service
Z
area. A marquee is not a canopy. Sign, Incidental: A sign, generally informa-
tional, that has a purpose secondary to the
http://www.cityoflebanon.org Chapter 11: Definitions 385
11 11.1 Definitions
A use of the zone lot on which it is located, such posts, often made of wood or similar material.
as “no parking”, “entrance”, “loading only”, The sign display may be attached between two
B “telephone”, and other similar directives. No posts or suspended from an above support.
sign with a commercial message legible from
C a position off the zone lot on which the sign is Sign, Poster: Any sign made of cardboard,
located shall be considered incidental. metal, plastic or other semi-rigid material
D which is attached to outdoor products, struc-
Sign, Monument: A sign that is permanently tures, or other features, or anchored into the
E
affixed to the ground at its base, supported ground with the use of stakes.
F entirely by a base structure, and not mounted
on a pole. This sign could be displayed on Sign, Projecting: A sign attached to and pro-
G a decorative feature of brick, wood or other jecting out from a building face or wall, gener-
material, which is intended to serve as an entry ally at right angles to the building.
H feature or focal point.
Sign, Pylon: A freestanding sign, other than a
I Sign, Mural: A sign painted onto the side of a pole or ground mounted sign, which is secured
building, wall, ground, or structure. permanently to the ground, and has a height
J that is greater than its width.
Sign, Off-Premise: A sign which directs atten-
K tion to a business, commodity, service, orga- Sign, Real Estate: A temporary sign that relates
nization, or entertainment conducted, sold, to the sale, lease or rental of property or struc-
L
or offered elsewhere than upon the premises tures, or to construction activity on a site. See
M where such sign is located or to which it is also “Sign, Yard Card”.
affixed. This includes billboard and other out-
N door advertising and directional signs located Sign, Searchlight: A searchlight used to attract
on private property. attention to a property, use, or structure consis-
O tent with the definition of a sign.
Sign, Pennant: Any lightweight plastic, fabric,
P or other material, whether or not containing a Sign, Sandwich Board: A temporary sign lo-
message of any kind, suspended from a rope, cated at grade level, not permanently attached
Q wire, or string, usually in series, designed to to a building, structure, or the ground, and
move in the wind. constructed in such a manner as to form an
R “A” by separating to opposite and parallel sign
Sign, Political: See “Sign, Yard Card”. faces by supporting structural members.
S
Sign, Portable: Any sign not permanently Sign Structure: The supports, uprights, bracing
T and frame work for the sign. In the case of a
attached to the ground or other permanent
U structure, or a sign designed to be transported, sign structure consisting of two or more sides,
including, but not limited to: signs designed where the angle formed between any of the
V to be transported by means of wheels, signs sides (or the projection thereof) exceeds fifteen
converted to A or T-frames, menu or sandwich (15) degrees, each side shall be considered a
W board signs, balloons used as signs, umbrel- separate sign structure.
las used for advertising, and signs attached to
X or painted on vehicles parked and visible from Sign Surface: See “Sign Face”.
the public right-of-way, unless said vehicle is
Y used in the normal day-today operations of the Sign, Suspended: A sign that is suspended
business. from the underside of a horizontal plane sur-
Z face and is supported by such surface.
Sign, Post: A sign supported by one or two
Sign, Temporary: An on-premise sign not fixed
386 Lebanon, Indiana Unified Development Ordinance Adopted: December 10, 2007
11.1 Definitions
11
to a permanent foundation and displayed for a allelogram on the facade of a building which is A
fixed period of time, for the purpose of convey- free of architectural details.
ing information, knowledge, or ideas to the B
public about a subject related to the activities Site Development Plan: The plan indicating the
on the premises upon which it is located. location of existing and proposed buildings, C
structures, paved areas, walkways, vegeta-
Sign, Vehicle: A sign that is attached to or tive cover, landscaping and screening within D
painted on a parked vehicle for the purpose of a site proposed for development which is to
E
drawing attention to the product, business, or be submitted for approval prior to the release
property which is indicated on the sign. See of Improvement Location Permits on the site F
also “Sign, Portable”. consistent with the requirements of the IC 36-
7-4-1400 series. G
Sign, Wall: Any sign attached parallel to, but
within twelve (12) inches of, a wall, painted on Site Improvement: See “Improvement”. H
the wall surface, or erected and confined within
the limits of an outside wall of any building Skating Rink: An establishment that provides I
or structure, which is supported by such wall facilities for patron skating.
or building, and which displays only one sign J
surface. Slope: The face of an embankment or cut
section. Any ground whose surface makes an K
Sign, Wayfinding: Any sign erected by a angle with the plane of the horizon. Slopes are
L
governmental entity to aid visitors in navigat- usually expressed in a percentage based upon
ing within the City. These signs may include vertical difference in feet per one hundred M
directional indicators to guide visitors to special (100) feet of horizontal distance.
areas (including downtown and the industrial N
park), specific locations (including libraries, Slow Burning or Incombustible: See “Burning,
governmental centers, and entertainment ven- Slow”. O
ues), or to major thoroughfares (including SR
32, SR 39, and I-65). These signs may be free Smoke: A suspension of fine particles, exclud- P
standing, but are recommended to follow a ing water droplets, in a gaseous plume, which
more or less obscures the transmission of light. Q
uniform style of design and have varying scales
dependent on district or environment density. R
Smoke Unit: The number obtained when the
Sign, Window: Any sign, pictures, symbol, or smoke density in Ringelmann number is mul-
tiplied by the time of emission in minutes. For S
combination thereof, designed to communicate
information about an activity, business, com- the purpose of this calculation, a Ringelmann
density reading shall be made at least once a
T
modity, event, sale, or service, and is affixed
to a window or placed immediately behind a minute during the period of observation; each U
window pane so as to attract the attention of reading is then multiplied by the time in min-
persons outside of the structure. utes during which it is observed. The various V
products are then added together to give the
Sign, Yard Card: A temporary sign displayed total number of smoke units observed during W
on private property and usually displaying a the entire observation period.
message associated with political support, local X
sports team or club support, or garage/yard Soil Stabilization: Chemical or structural treat-
ment of a mass of soil to increase or maintain Y
sales.
its stability or otherwise improve its engineering
properties.
Z
Signable Area: A two-dimensional area that
describes the largest square, rectangle, or par-
Sorority, Educational: A club or social activity
http://www.cityoflebanon.org Chapter 11: Definitions 387
11 11.1 Definitions
A officially associated with and recognized and Story: That portion of a building included be-
supervised by an institution for higher educa- tween the surface of any floor and the surface
B tion whose membership is limited exclusively to of the floor next above it, or if there be no floor
students of the institution. above it, then the space between the floor and
C the ceiling above it. For the purpose of this or-
Sorority, Social: A private club of individuals dinance, a basement shall not be considered a
D organized around a civic, social, or intellectual story unless it has been subdivided into rooms
goal or pursuit. See also “Private Club”. and used for tenant purpose.
E
F Special Flood Hazard Area (SFHA): Those Story, Half: That portion of a building under a
lands within the jurisdiction of the City of sloping, gable, hip, or gambrel roof, the wall
G Lebanon that are subject to inundation by the plates on at least two opposite exterior walls of
regulatory flood. The SFHAs of the City are which are not more than three (3) feet above
H identified on the Flood Insurance Rate Map the floor level of such half-story.
(FIRM) of Boone County prepared by the Fed-
I eral Emergency Management Agency (FEMA). Stream Bank: The usual boundaries, not the
flood boundaries, of a stream channel.
J Sporting Goods Shop: An establishment that
primarily sells sporting equipment, sporting ap- Street: A right-of-way or thoroughfare, other
K parel, and related items. than an alley, dedicated or otherwise legally
L established to the public use, usually afford-
Spot Zoning: The zoning of a typically small ing the principal means of access to abutting
M area of land controlled by a single or limited properties.
number of property owners that results in the
N property involved being granted permitted uses Street, Arterial: A street which serves the major
and/or development standards that are incon- traffic movements within a community, such as
O sistent with those provided to, or planned for, between the central business district and the
similar surrounding properties. outlying commercial and residential areas, as
P well as a majority of the vehicular traffic enter-
Spotlight: A fixture designed to direct a narrow ing and leaving the City to travel to and from
Q intense beam of light on a desired area. adjacent communities. Lebanon arterial streets
R are identified in the Thoroughfare Plan.
Stadium or Coliseum: A large open or en-
closed space that is used for games or major Street, Collector: A street designed and used
S events, especially sporting events, and is partly to carry moderate volumes of traffic from local
or completely surrounded by tiers of seats for streets to arterial streets. Lebanon collector
T
spectators. streets are identified in the Thoroughfare Plan.
U
State: The State of Indiana. Street, Cul-de-sac (Court or Dead End Street):
V A street with a single common ingress and
Stationary Shop: An establishment that primar- egress and with a turn-around at the end.
W ily sells stationary, paper, cards, writing uten-
sils, and various related items. Street Frontage: See “Frontage, Street”.
X
Stop-Work Order: A written document issued Street, Half: A street for which only half of the
Y by an enforcement official which requires the required right-of-way and/or pavement width
cessation of an activity. has been provided.
Z
Storage, Outdoor: See “Outdoor Storage”. Street (or Alley) Improvement: Shall mean the
construction of a street or alley to its full thick-
ness, commencing at the subgrade according
388 Lebanon, Indiana Unified Development Ordinance Adopted: December 10, 2007
11.1 Definitions
11
to the specifications contained in this ordi- pavement where curbs are not present. A
nance. The placing of a new surface over an
existing paved or closed surface street or alley Structural Alterations: Any change in the sup- B
shall not be considered as an improvement but porting members of a building or structure
as maintenance. such as bearing walls, partitions, columns, C
beams or girders, or any substantial change in
Street Intersecting: Any street that joins another the exterior walls, roof, or footprint or increas- D
street at an angle, whether or not it crosses the ing size of living space. Also, substantial roof-
E
other street. ing and siding work when repairs are made to
the structure beneath. F
Street Intersection: The point of crossing or
meeting of two (2) or more streets. Structure: Any building or other object that is G
constructed or erected that requires location on
Street, Local: A Street designated primarily to or under the ground or is attached to some- H
provide access to other streets from individual thing on the ground.
properties. Lebanon local streets are identified I
on the Thoroughfare Plan. Structure, Accessory: A structure that is subor-
dinate to a principal structure in area, intent, J
Street, Nonresidential: Any street where the and/or purpose; contributes to the comfort,
principal land use of the lots which the street convenience, or necessity of occupants of the
K
provides access to, as well as the lots on either principal structure; does not alter or change the L
side of the street is not residential. character of the property; and is located on the
same lot as the principal structure. M
Street Orientation: The direction of the archi-
tectural front facade of a building in relation to N
the street.
O
Street, Private: Vehicular streets and driveways,
paved or unpaved, which are wholly within pri- P
vate property except where they intersect with
public streets within public rights-of-way, and Q
is privately owned and maintained and used to
provide vehicular access to more than one (1) R
property or dwelling unit.
Structure Height: The vertical distance mea- S
Street, Public: A street constructed and main- sured from ground level to the highest point of
tained by a unit of government within an offi- the roof. T
cially deeded and accepted public right-of-way. U
Structure, Principal: The building or structure in
Street, Residential: Any street where the which the principal use of the lot or premises is
V
principal land use of the lots which the street located or conducted. With respect to resi-
provides access to, as well as the lots on either dential uses, the principal building or structure W
side of the street is residential. shall be the main dwelling. For agricultural
uses, the principal structure may be a barn or X
Street Vista: A view framed by buildings at the other agricultural structure.
termination of the axis of a thoroughfare. Y
Subdivider: Any person or persons, firm or
Street Width: The width of the paved surface of corporation engaged in developing or improv- Z
a street, measured from back-of-curb to back- ing a tract of land which complies with the
of-curb or from edge-of-pavement to edge-of- definition of a subdivision as defined in this
http://www.cityoflebanon.org Chapter 11: Definitions 389
11 11.1 Definitions
A ordinance. See also “Developer”. Subdivision Improvement Agreement: A docu-
ment which establishes the contractual relation-
B Subdivision: The division of any lot, tract or ship between the developer of a subdivision
parcel of land, separately described in a deed and the City of Lebanon for the installation
C on record in the Office of the County Recorder, of improvements in accordance with the
into two (2) or more contiguous parcels, sites, standards and specifications set forth in this
D or lots fronting on public street, for the purpose ordinance.
of immediate or future offer, sale, lease, or
E
development. Subdivision, Major: All subdivisions not classi-
F fied as minor subdivisions and resulting in the
Subdivisions, Administrative: Administrative creation of more than four (4) lots, including
G subdivisions include one (1) or more of the but not limited to subdivisions requiring any
following: new street or extension of Lebanon facilities or
H A) A resubdivision which involves only the the creation of any public improvements.
removal of interior lot lines, with the out-
I Subdivision, Minor: A subdivision of land
side perimeter of the property remaining
unchanged, resulting in fewer parcels than which results in the creation of four (4) or fewer
J new lots or the reconfiguration of existing lots
were contained in the original parcel;
and which does not involve the construction or
K B) A resubdivision which involves only the extension of public or private streets or utilities.
removal or relocation of easements on the
L property; Sub-lots: Portions of a lot of record created
M C) A resubdivision which involves only the in connection with the transfer of ownership
changing of notations written on the plat or of individual dwelling units in a two-family or
N correction of errors thereon; multifamily dwelling.
D) A division of land pursuant to an allocation
O of land by court decree; Substantial Improvement: See “Improvement,
Substantial”.
P E) The division of land into cemetery plots;
F) A resubdivision to correct errors in an Supermarket: Large-scale retailers of food and
Q existing legal description, provided that no grocery supplies, typically also including flower
additional building lots are created; shops, pharmacies, bakeries, branch banks,
R
G) A division of land involving no more than and other complementary and incidental uses.
S two (2) parcels for the sale or exchange of
Supply Yards: A commercial establishment
tracts between adjoining land owners, pro-
storing or offering for sale building supplies,
T vided that no additional building sites are
steel supplies, coal, heavy equipment, feed and
created;
U grain, and similar goods. Supply Yards do not
H) A division of a building site containing an include the wrecking, salvaging, dismantiling
V existing dwelling which has been located or storage of automobiles and similar vehicles.
on an agriculturally used site for at least ten
W (10) years; Surety: An amount of money or other nego-
I) A division or resubdivision of land for the tiable instrument provided by a developer to
X acquisition by the public or by a utility for the City which guarantees that they will per-
street right-of-way or easement. form all actions required by the City regarding
Y an approved site development plan, plat, or
Subdivision, Cluster: See “Cluster other improvement, which provides that if the
Z
Development”. developer fails to comply with the requirements
of approval, funds will be provided for the City
390 Lebanon, Indiana Unified Development Ordinance Adopted: December 10, 2007
11.1 Definitions
11
to complete those requirements. mit cellular telephone service, data, radio and A
television signals, and any other information.
Surface Drainage: See “Drainage, Surface”. B
Telecommunications Tower: A mast, pole,
Swale: See “Drainage Swale”. monopole, guyed, or freestanding frame- C
work, or other vertical structure that acts as an
Swimming Pool: Any structure located either antenna or to which an antenna is affixed or D
at, above, or below grade which is designed attached.
and/or used to hold water which exceeds two E
(2) feet in depth at any point for the purpose Temporary Seasonal Sales: See “Sales, F
of recreation and entertainment of adults and Temporary/Seasonal”.
children. G
Temporary Use: See “Use, Temporary”.
Swimming Pool, Private: A swimming pool H
used only by the owner of the pool and the Theater: A facility for audio and visual produc-
owner’s invited guests, and which is an acces- tions and performing arts, excluding adult mo- I
sory use at a private residence or private com- tion picture theaters and adult entertainment
mercial operation. businesses. J
Through Lot: See “Lot, Through”. K
T Thoroughfare Plan: The official plan, now and L
Tailor Shop: An establishment that alters and hereafter adopted, which sets forth the loca-
M
repairs clothing for patrons. tion, identification, alignment, dimensions, and
classification of existing and proposed streets N
Tanning Salon: Any business which provides a and other thoroughfares.
service using artificial lighting systems to pro- O
duce a tan on a person’s body, including the Tool and Dye Shop: An establishment that pro-
incidental sale of tanning products. cesses, cuts, and molds metal into tools, molds, P
machine components, and similar products.
Tavern: See “Bar”. Q
Top Soil: Surface soils and subsurface soils
Technical Assistance Committee (TAC): A com- which presumably are fertile soils and soil R
mittee established by the Planning and Zoning material, ordinarily rich in organic matter or
Administrator to assist with the technical evalu- humus debris. Top soil is usually found in the S
ation of subdivisions by reviewing sketch plats, uppermost soil layer called the “A Horizon”.
and to make appropriate technical recommen- T
dations to the subdivider, Plan Commission, Top-of-Bank: The ordinary high water level
Plat Committee or City departments. for a water basin or wetland, and the break in U
slope for a watercourse.
Telecommunications: The transmission of V
information between or among geographic Topography: The configuration of the earth’s
W
points without change in the form or content of surface, including the relative relief, elevations,
the information as sent or received. See also and position of land features. X
“Communications Service Exchange”.
Tower: A ground pole, spire, structure, or Y
Telecommunications Antenna: Any structure or combination thereof including supporting lines,
device, including all appurtenances, used for cables, wires, braces, and masts intended Z
the purpose of collecting or radiating electro- primarily for the purpose of mounting an an-
magnetic waves, including those used to trans- tenna, a meteorological device, or other similar
http://www.cityoflebanon.org Chapter 11: Definitions 391
11 11.1 Definitions
A apparatus above ground. Truck Freight Terminal: An area and build-
ing where trucks and cargo are stored, where
B Townhouse: A single-family dwelling with a loading and unloading is carried on regu-
private entrance that is attached horizontally to larly, and where minor truck maintenance is
C other dwelling units in a linear arrangement, performed.
with a front and a rear wall that are totally
D exposed for light, access, and ventilation. Truck Stop: A facility designed and used to
provide services to the trucking industry includ-
E Trade or Business School: A school conducted ing, but not limited to, fuel stations, repair
F as a commercial enterprise that provides on- shops, truck washes, restaurants, convenience
site training for business or secretarial skills, stores, weight scales, and shower facilities, all
G instrumental music, dancing, barbering or hair as part of a unified facility.
dressing, drafting, and the like; or for industrial
H or technical arts. Includes vocational schools Truck Sales and Service: Any establishment
and career centers. that sales and services semis, grain trucks, and
I other vehicles similar in size. Inoperable trucks
Traffic Calming: Methods of reducing the may be stored on a temporary basis, and only
J negative impact of vehicles on surrounding if they are to be serviced.
land uses and other methods of personal trans-
K portation through street design that decreases
L the speed of vehicles and provides increased
space and comfort for pedestrians.
U
M Undeveloped Land: Land in its natural state.
Trail: A public way, separate from a street, al-
N ley, or other vehicle roadway, designed for and University (or college): An institution for post-
used by pedestrians, cyclists, and others using secondary education, public or private, offering
O non-motorized transportation and recreation courses in general, technical, or religious edu-
equipment. See also “Pathway”. cation and operated not-for-profit. It operates
P in buildings owned or leased by the institution
Tree, Broadleaf: Trees having non-needle like for administrative and faculty offices, student
Q leaves. and faculty housing, classrooms, laboratories,
chapels, auditoriums, lecture halls, libraries,
R Tree, Deciduous: Trees and shrubs that shed student and faculty centers, community rooms
their leaves annually. and facilities, athletic facilities, fraternities, and
S
sororities. A university may include for-profit
Tree, Evergreen: Trees and shrubs that do not businesses and facilities that are incidental to
T shed their leaves annually. the educational, cultural, and athletic functions
U and which lease space from the institution. A
Tree, Ornamental: A deciduous tree possess- university shall not include trade schools oper-
ing qualities such as flowers or fruit, attractive ated for profit.
V
foliage, bark or shape, with a mature height
W generally under forty (40) feet. Use: The purpose of which land, building, or
structure thereon is designed, arranged, or in-
X Tree, Prohibited: A tree, as listed in this ordi- tended, or for which it is occupied, maintained,
nance that does not meet site-landscaping or let, or leased.
Y performance standard requirements.
Use, Accessory: A use which is secondary to a
Z Tree, Shade: A deciduous tree planted primar- principal use in area, intent, and/or purpose;
ily for its high crown of foliage or overhead contributes to the comfort, convenience, or
canopy.
392 Lebanon, Indiana Unified Development Ordinance Adopted: December 10, 2007
11.1 Definitions
11
necessity of occupants of the principal use; by this ordinance. A
does not alter or change the character of the
property; and is located on the same lot as the Utility Substation: A building or structure used B
principal use. for the distribution or transmission of utilities
such as water, gas, electricity, or sewer. C
Use Category: A group of similar use types
that are associated with each other to such an D
extent that they are grouped together for the
purpose of identifying land uses by this ordi-
V E
nance, such as retail uses, office uses, personal Vacation: The termination of interest in a plat,
F
service uses, and general industrial production. an easement, or a right-of-way or other public
dedication. G
Use, Change of: The discontinuation of the
specific principal use of a lot or structure and Variance, Development Standards: A spe- H
the replacement of that use with a different cific approval granted by a Board of Zoning
specific use. Appeals in the manner prescribed by this I
ordinance, to deviate from the development
Use, Conditional: See “Conditional Use”. standards (such as height, bulk, area) that the J
Ordinance otherwise prescribes for the purpose
Use, Existing: The use of a lot or structure of assuring that no property, because of special K
present at the effective date of this ordinance. circumstances applicable to it, shall be de-
L
prived of privileges commonly enjoyed by other
Use, Illegal: Any use that is neither legal non- properties in the same vicinity and district. M
conforming or permitted by right or conditional
use in the zoning district in which it is located Variance, Use: See “Use, Variance”. N
as defined by this ordinance.
Variety Store: A retail establishment that sells a O
Use, Nonconforming: See “Nonconforming multitude of consumer goods.
Use”. P
Vehicle: A device used as a mode of transpor-
Use, Permitted: Any use listed as a permitted tation of persons and/or goods including but Q
use in this ordinance or which is an accessory not limited to automobiles, semi-tractors, semi-
or temporary use associated with a permitted tractor trailers, all types of trailers, snowmo- R
use for the zoning district in which it is located. biles, recreational vehicles, motorcycles, and
similar devices.
S
Use, Principal: The main use of land or struc-
T
tures, as distinguished from an accessory use. Vehicle Detailing/Accessory Shop: An estab-
A principal use may be either a permitted use lishment that provides auto-detailing services
or a conditional use. and/or sells associated merchandise. Services
U
offered are cosmetic in nature, and do not
Use, Temporary: A land use or structure es- include mechanical upgrades or repairs.
V
tablished for a limited and fixed period of time W
with the intent to discontinue such use upon the Vehicle, Inoperable: See “Inoperable Motor
expiration of the time period. Vehicle”. X
Use Variance: The approval of a use by the Vehicle Sales, New: The storage and display Y
Board of Zoning Appeals which is not listed as for sale of motor vehicles where repair work,
a permitted or conditional use by this ordi- body work, and parts sales is incidental to the Z
nance and is not an accessory or temporary operation of the new or used vehicle sales. At
use associated with any principal use permitted least eighty percent (80%) of the vehicle inven-
http://www.cityoflebanon.org Chapter 11: Definitions 393
11 11.1 Definitions
A tory must be new. incinerators, junk metal yard, sanitary landfills,
refuse dumps, and inoperable vehicle storage.
B Vehicle Sales, Used: The storage and display
for sale of more than two (2) motor vehicles Waste Incinerator: See “Incinerator”.
C where repair work, body work, and parts sales
is incidental to the operation of the new or Water Tower: A tower or standpipe that func-
D used vehicle sales. tions as a reservoir providing water to the
community.
E Vending Machines: Machines that, for a fee,
distribute drinks, newspapers, and other items. Watercourse: Any natural or man-made chan-
F
The machines are owned by a person other nel through which water flows on a continual
G than the property or business owner. or temporary basis.
H Vested Right: A right that has become fixed Wellfield (Public Pumphouse): An area of
and cannot be revoked by subsequent changes land that contains one (1) or more existing or
I of applicable regulations. proposed wells for supplying water to a water
utility.
J Veterinary Office (Animal Clinic): An establish-
ment for the care, observation, or treatment of Wetland: Areas that are inundated and satu-
K domestic animals. rated by surface or groundwater at a frequency
and duration sufficient to support vegetation
L Vibration: Oscillatory motion transmitted typically adapted for life in saturated soil condi-
M through the ground. tions as identified by the National Wetlands
Institute and certified by an individual with a US
N Video Store: An establishment primarily en- Army Corps of Engineers Regulation 4 Jurisdic-
gaged in the retail rental of DVD, videotapes, tional Wetland Certification.
O films, CD-ROMS, laser discs, video games, or
other electronic media. Wholesale Facility: An establishment or place
P of business primarily engaged in selling and/or
Viticulture (Vinyard): The cultivation of grape- distributing merchandise to retailers, to indus-
Q vines and the growing of grapes. trial, commercial, institutional, or professional
business users, or to other wholesalers.
R
S W Winery: A facility in which wine products are
grown and processed for commercial sales.
Waiver: A specific modification or lessening of The development may include other uses such
T the regulations established by this ordinance as a retail shop, standard restaurant, bar or
U that may be granted by the Plan Commis- live entertainment.
sion for a specific development in response
V to unique site characteristics or development Wireless Communication Facility: A land use
patterns that justify relief from the otherwise facility supporting antennas and microwave
generally applicable regulations. dishes that sends and/or receives telecommuni-
W
cation and radio frequencies signals. Commu-
Warehouse: A facility for the storage, whole- nications facilities include structures or towers,
X sale, and distribution of manufactured prod- and accessory buildings.
ucts, supplies, and equipment.
Y
Z
Waste Disposal Facility: Any facility that func-
tions to store or dispose of waste including X, Y
Yard: A space on a lot that is open, unoc-
394 Lebanon, Indiana Unified Development Ordinance Adopted: December 10, 2007
11.1 Definitions
11
cupied and unobstructed other than by steps, A
walks, terraces, driveways, lamp posts and
similar structures. B
Yard Sale: See “Garage/Yard Sale”. C
Yard, Side (Separation): The sum of the D
distance of the horizontal space between a
foundation and side lot line, plus the horizon-
E
tal space between the foundation and shared F
side lot line of the structure on the immediately
adjacent lot. G
H
Z I
Zoning District: A section of the territory within
the Jurisdiction of the Lebanon City Plan Com- J
mission for which uniform regulations govern-
ing the Use, Height, Area, Size, and Intensity of K
Use of Buildings and Land, and open spaces
L
about buildings, are herein established.
M
Zoning Map: See “Official Zoning Map”.
N
O
P
Q
R
S
T
U
V
W
X
Y
Z
http://www.cityoflebanon.org Chapter 11: Definitions 395
396 Lebanon, Indiana Unified Development Ordinance Adopted: December 10, 2007
