Online Garrett City Code
These regulations and regulations supplemental or amendatory thereto, shall be known and may be cited hereafter as the "Zoning Regulations of Garrett, Indiana."
(a). As used in these regulations, the word:
Board or "BZA - means the City of Garrett Board of Zoning Appeals, with all the powers and duties granted pursuant to the IC 36-7-4-900 Series, as amended. (Amended by Ordinance # 2293).
Comprehensive Plan - The plan, or parts thereof, as amended, developed by the Plan Commission, and adopted by the Common Council, that reviews population, land use development, economic development, public works and government operations issues, and establishes goals, objectives and policies for said issues. This plan is adopted and amended according to the IC 36-7-4-500 Series, as amended. (Amended by Ordinance # 2293).
Commission - means the City of Garrett Plan Commission, with all the powers and duties granted thereto pursuant to the 100 and 200 series of IC 36-7-4-100 and IC 36-7-4-200 and all Acts amendatory thereto.
Plan Jurisdiction - An area composed of the City of Garrett, and a contiguous, unincorporated area, identified by legal description by the Plan Commission and adopted by ordinance by the Common Council, which is subject to the provisions of this Ordinance. (Amended by Ordinance # 2293).
Zoning Map - The officially adopted zoning map of the City of Garrett, Indiana (Amended April 3, 2002 by Ordinance # 2002-7).
Zoning Administrator - refers to the Zoning Administrator of the City of Garrett, Indiana.
(a). As used in this ordinance:
Accessory Building - means a subordinate building that is located on the same lot as a principal building and not used or designed for human occupancy.
Accessory Use - means a subordinate use that relates to the same lot as a primary use and is a use other than for human occupancy.
Agriculture - The art or science of cultivating the ground, and raising and harvesting crops; also often including feeding, breeding and management of livestock; tillage, husbandry; farming; in a broader sense, the science and art of the production of plants and animals useful to man, including, to a variable extent, the preparation of those products for man's use and their disposal by marketing or other means of distribution. In a broad sense it includes farming, horticulture, forestry, dairy farming, sugar making, etc. (Amended by Ordinance # 9793-1).
Airport - A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers (amended January 6, 1998 by Ordinance # 98-02).
Alley - means a right of way, other than a street, road, crosswalk, or easement, that provides secondary access for the special accommodations of the abutting property.
Alterations - any change, addition, modification in construction of a building or type or occupancy.
Apartment - (see multi-family dwelling) (Amended April 3, 2002 by Ordinance # 2002-7).
Aquifer - A geological unit in which porous and permeable conditions exist capable of yielding usable amounts of water (Amended April 3, 2002 by Ordinance # 2002-7).
Aquifer recharge area - An area that has soils and geological features that are conducive to allowing significant amounts of surface water to percolate into groundwater (Amended April 3, 2002 by Ordinance # 2002-7).
Artificial Lake of 3 or More Acres - A man-made body of water that retains water permanently, does not convey water from one point to another, and is larger than three (3) acres in size (amended January 6, 1998 by Ordinance # 98-02).
Automobile or Trailer Sales Area, Open - The use of any land area for the display and sale of new or used vehicles (including light trucks or vans) or trailers (including recreational vehicles), and including any vehicle preparation or repair work conducted as an accessory use. (amended January 6, 1998 by Ordinance # 98-02).
Automobile Repair (all indoors) - Any building in which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered; (amended January 6, 1998 by Ordinance # 98-02).
Automobile Sales Room - The use of all or part of a building for the display and sale of new or used automobiles (amended January 6, 1998 by Ordinance # 98-02).
Automobile Wrecking Yard - An establishment that cuts up, compresses or otherwise disposes of motor vehicles (amended January 6, 1998 by Ordinance # 98-02).
Bar-Tavern - An establishment primarily for the sale or dispensing of alcholic beverages by the drink, bottle, can or other container (amended January 6, 1998 by Ordinance # 98-02).
Basement - That portion of a building that is partly or completely below grade (Amended April 3, 2002 by Ordinance # 2002-7).
Bed and Breakfast - A home which offers a room(s) for overnight stay (not to exceed five [5] nights) and breakfast the following morning.
Billboard - A sign that identifies or communicates a commercial or non-commercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located (Amended April 3, 2002 by Ordinance # 2002-7).
Block- means an area that abuts a street and lies between two adjoining street or barriers such as a railroad right of way or a waterway.
Boarding House- means a building not available to transients, in which meals are regularly provided for compensation for at least three (3) but not more than ten (10) persons.
Board of Works- The Board of Public Works and Safety of the City of Garrett, Indiana (Amended by Ordinance # 2293).
Boat Sales, Service, and Storage- The use of any building or land area for the display and sale of new or used boats, boat trailers and accessories, and including any vehicle preparation or repair work conducted as an accessory use (amended January 6, 1998 by Ordinance # 98-02).
Bottled Gas Storage and Distribution- The use of any building or land area for the sale (either retail or wholesale) and/or storage of bottled gas (Amended January 6, 1998 by Ordinance # 98-02).
Buffer area - A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another (Amended April 3, 2002 by Ordinance # 2002-7).
Building- means a roofed structure for the shelter, support, enclosure, or protection of persons, animals, or property (each part of such a structure that is separated from the rest by unbroken party walls is a separate building for the purposes of this ordinance);
Building, Accessory- A subordinate structure on the same lot as the principal or main building (Amended January 6, 1998 by Ordinance # 98-02).
Building Area- means the horizontal projected area of the buildings on a lot, including terraces and unenclosed porches not more than one story high, but excluding architectural features that project no more than two (2) feet.
Building coverage (see "lot coverage") (Amended April 3, 2002 by Ordinance # 2002-7).
Building height - (see "height") (Amended April 3, 2002 by Ordinance # 2002-7).
Building Inspector- The person authorized to administer and enforce the City of Garrett Building Ordinance. (Amended by Ordinance # 2293).
Building Line- means the line that established the minimum permitted distance on a lot between the front line of a building and the street right of way line.
Building, Principal - (see "principal building") (Amended April 3, 2002 by Ordinance # 2002-7).
Business- refers to the purchase, sale, or exchange of goods or services, or the maintenance for profit of offices or recreational or amusement enterprises.
Business District - refers to BA, BL, BG and BC districts.
Carry-out restaurant - (see "restaurant, fast-food") (Amended April 3, 2002 by Ordinance # 2002-7).
Car wash - A building or area that provides facilities for washing and cleaning motor vehicles (Amended April 3, 2002 by Ordinance # 2002-7).
Cemetery- includes any columbarium, crematory, mausoleum, or mortuary operated in conjunction with and on the same tract as the cemetery.
Church or Temple- A building or structure that, by design and construction, is primarily intended for conducting organized religious services and associated accessory uses (Amended January 6, 1998 by Ordinance # 98-02).
Clinic- means an establishment in which patients are admitted for medical or dental study or treatment and in which the services of at least two (2) physicians or dentists are provided.
Commercial Facility for Breeding and Raising Non-Farm Fowl and Animals- An establishment where animals are impregnated either naturally or by artificial insemination and the principal purpose of which is to propagate the species (Amended January 6, 1998 by Ordinance # 98-02).
Commercial Greenhouse- A structure in which plants, vegetables, flowers and similar materials are grown for sale (Amended January 6, 1998 by Ordinance # 98-02).
Commercial use - An occupation, employment or enterprise, other than a home occupation, that is carried on for profit by the owner, lessee or licensee (Amended April 3, 2002 by Ordinance # 2002-7).
Commercial structure - a structure built for and primarily occupied as a commercial use (Amended April 3, 2002 by Ordinance # 2002-7).
Condominium- A building, or group of buildings, in which dwelling units, offices or floor area are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis (Amended January 6, 1998 by Ordinance # 98-02).Corner Lot- means a lot at the junction of and abutting two (2) intersecting or intercepting streets.
Contingent Dwelling Unit- means an apartment located in a structure primarily intended for non-residential uses.
Country Club- Land area and buildings containing golf courses, recreational facilities, a clubhouse, and customary accessory uses, open only to members and their guests (Amended January 6, 1998 by Ordinance # 98-02).
Cul-de-sac - A local street, one end of which is closed and consists of a circular turnaround (Amended April 3, 2002 by Ordinance # 2002-7).
Dairy Plant- A structure or use where dairy products are processed, packaged and/or stored for shipment (amended January 6, 1998 by Ordinance # 98-02).
Day Care Center- a professionally licensed facility for the care of infants or minors.
Detached Building- means a building that has no structural connection with another building.
Dormitory - A building that is owned and / or operated by an educational institution whose primary purpose is to provide living accommodations for individuals associated with the institution (Amended April 3, 2002 by Ordinance # 2002-7).
Dwelling unit, Detached - A residential building containing not more than one dwelling unit surrounded by open space on the same lot (Amended April 3, 2002 by Ordinance # 2002-7).
Drive-in facility - (see "restaurant, drive-in, and restaurant, fast-food") (Amended April 3, 2002 by Ordinance # 2002-7).
Dry Cleaning Plant- A structure or use where clothing, and other cloth or leather materials are cleaned using various chemical and mechanical processes (amended January 6, 1998 by Ordinance # 98-02).
Driveway - A constructed means of ingress to a parcel of land from an adjoining public way. (Amended February 1, 2000 by Ordinance # 2000-3)
Dwelling- means a building or part of a building that is used primarily as a place of abode, but not including a hotel, motel, lodging house, boarding house, or tourist home.
Dwelling Unit- A building or portion thereof, used primarily as a place of abode for one or more human beings, including manufactured homes, but not including mobile homes, hotels, lodging or boarding houses or tourist homes (amended January 6, 1998 by Ordinance # 98-02).
Dwelling unit, Detached - A residential building containing not more than one dwelling unit surrounded by open space on the same lot (Amended April 3, 2002 by Ordinance # 2002-7).
Dwelling Structure, Multi-Family- A building containing three or more dwelling units, including units that are located one over the other (amended January 6, 1998 by Ordinance # 98-02).
Dwelling Structure, Single Family- A building containing one (1) dwelling unit and that is not attached to any other dwelling by any means and is surrounded by open space or yards (amended January 6, 1998 by Ordinance # 98-02).
Dwelling Structure, Two-Family- A building on a single lot containing two (2) dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units (amended January 6, 1998 by Ordinance # 98-02).
Dwelling Structure, Villaminium- A single-family dwelling on a single lot or parcel that may have a common external appearance and setback with adjoining dwellings, and for which lawn and/or building maintenance is performed as part of a community association or cooperative agreement (amended January 6, 1998 by Ordinance # 98-02).
Easement- a grant of the use of a strip of land by the owner for specific uses and purposes either public or private (Amended April 3, 2002 by Ordinance # 2002-7).
Emergency shelter - A facility providing temporary / emergency housing for one or more individuals (Amended April 2, 2002 by Ordinance # 2002-7).
Family- means one or more persons living as a single housekeeping unit, but not including a group occupying a hotel, motel, club, nurses' home, dormitory, or fraternity or sorority house.
Farm- A tract of land comprising an area that is devoted to agricultural operations, such as forestry; the growing of crops; pasturage; the production of livestock and poultry; the growing of trees, shrubs and plants; and other recognized agricultural pursuits, and including accessory buildings essential to the operation of the farm. Accessory buildings may include barns; equipment and animal shed; farm residences for the owner, operation or farm assistants; roadside sales structure for the sale of products of the farm; and signs displaying subject matter directly related to the name or the products of the particular farm; but not including industrial or commercial operations or structures. (Amended by Ordinance # 9793-1).
Fast-food restaurant - (see restaurant, fast-food and restaurant, drive-in) (Amended April 3, 2002 by Ordinance # 2002-7)
Fence, Agricultural- An artificially erected barrier, other than a building, constructed of a man-made material, or a combination of man-made materials, erected to enclose an area of land used for agricultural purposes. An agricultural fence may be constructed of barbed or meshed wire. (Amended by Ordinance # 2293).
Fence, Industrial- An artificially erected barrier, other than a building, constructed of a man-made material, or a combination of man-made materials, erected to enclose an area of land used for industrial purposes. An industrial fence may be constructed of meshed wire, and may be topped with barbed wire (Amended by Ordinance # 2293).
Fence, Commercial and Residential- An artificially erected barrier, other than a building, constructed of a man-made material, or a combination of man-made materials, erected to enclose or screen areas of land for security, privacy and / or decorative purposes as follows (Amended by Ordinance # 2293):
Yard Fence - an artificially erected barrier, generally constructed of wrought iron, vinyl or picket wood, that encloses a yard and does not generally block the property from the view of adjoining properties or streets (Amended April 6, 2004 by Ordinance # 2004-5).
Decorative Fence- an artificially erected barrier, generally constructed of split rails, which does not block the property from the view of adjoining properties or streets.
Privacy Fence- an artificially erected barrier, generally constructed of wide wooden boards or brick, which blocks part or all the property from the view of adjoining properties or streets.
Fence Permit- A permit granting the proposed construction of a fence, and its compliance with the Zoning Ordinance. (Amended by Ordinance # 2293).
Fertilizer Storage & Distribution, Dry – The storage of dry fertilizer products for distribution by truck or rail (Amended April 3, 2002 by Ordinance # 2002-7).
Fertilizer Storage & Distribution, Liquid – The storage of fertilizer products, in liquid form, for distribution by truck or rail(Amended April 3, 2002 by Ordinance # 2002-7).
Floor Area Ratio- Determined by dividing the gross, internal floor area of all buildings on a lot by the area of the lot.
Front Line- with respect to a building, means the foundation line that is nearest the front lot line.
Front Yard- means a yard that is bounded by the front line of the principal buildings, by the adjacent street right of way, and by the segments of side lot lines that they intercept.
Garage Sale- shall mean and include all general sales, open to the public, conducted from or on residential property in any residential zone, as defined by the zoning ordinance, for the purpose of disposing of personal property including, but not limited to, all sales entitled “garage", "lawn", "yard", "attic", “porch", "room", "backyard", "patio", "flea market" or "rummage" sale (Amended April 6, 2004 by Ordinance # 2004-5). .
Garage, Private- an accessory building with a capacity of not more than three (3) motor vehicles for storage only, not more than one of which may be a commercial vehicle of not more than three-ton capacity. However, a garage designed to house one (1) motor vehicle for each family living in an apartment shall be classified as a private garage.
Garden Shop- A use or structure in which live trees, shrubs or flowers are stored and offered for retail sale on the premises, including products for gardening or landscaping, but not harvested fruits and vegetables (amended January 6, 1998 by Ordinance # 98-02).
General Industrial Use- means manufacturing, processing, extraction, heavy repairing, dismantling, storage, or disposal of equipment, raw materials, manufactured products or wastes, in which some operations, other than transportation, are performed in open areas.
Grain Distribution Terminal- A storage area or structure where grain products are temporarily stored for transferal to trucks, train cars or other forms of transportation (amended January 6, 1998 by Ordinance # 98-02).
Greenhouse (Not Exceeding 1,000 Square Feet)- A building with roof and sides that are made largely of glass or other transparent or translucent materials, and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment (amended January 6, 1998 by Ordinance # 98-02).
Ground Floor Area- means the area of a building in square feet, as measured in a horizontal plane at the ground floor level within its largest outside dimensions, exclusive of open porches, breeze-ways, terraces, garages, and exterior stairways.
Group home for the handicapped - A dwelling shared by four or more handicapped persons, including resident staff, who live together as a single housekeeping unit and in a long-term, family environment in which staff persons provide care, education, and participation in community activities for the residents (Amended April 3, 2002 by Ordinance # 2002-7).
Halfway house - A licensed home for inmates on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, wherein supervision, rehabilitation, and counseling are provided to mainstream residents back into society, enabling them to live independently (Amended April 3, 2002 by Ordinance # 2002-7).
Heavy industry - (see "industrial use, general") (Amended April 3, 2002 by Ordinance # 2002-7).
Height- with respect to a building, means the vertical distance from the lot ground level to the highest point, for a flat roof; to the deck line, for a mansard roof; and to the mean height between eaves and ridges, for a gable, hip, or gambrel roof.
Heliport- An area, either at ground level or elevated on a structure, licensed by the federal government or an appropriate state agency and approved for the loading, landing and takeoff of helicopters and including auxiliary facilities, such as parking, waiting room, fueling and maintenance equipment (amended January 6, 1998 by Ordinance # 98-02).
Home Occupation- means a gainful occupation or profession customarily or incidentally conducted by a member of the family residing in the same dwelling. Nothing shall indicate from the exterior that the building is being utilized in whole or in part for any purpose other than a residential unit, including permitted accessory building.
Homeowners association - A private, nonprofit corporation of homeowners for the purpose of owning, operating and maintaining various common properties (Amended April 3, 2002 by Ordinance # 2002-7).
Hospital- An institution providing primary health care services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, training facilities, medical offices, and staff residencies (amended January 6, 1998 by Ordinance # 98-02).
Hotel- A facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms, entertainment and recreational facilities (amended January 6, 1998 by Ordinance # 98-02).
Housing for the elderly/senior apartments - (see "senior citizen housing") (Amended April 3, 2002 by Ordinance # 2002-7).
Impervious surface - Any material that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land (Amended April 3, 2002 by Ordinance # 2002-7).
Improvement Location Permit- A permit granting the proposed construction or improvement to a building and its compliance with the Zoning Ordinance.
Industrial Park- A tract of land that is planned, developed and operated as an integrated facility for a number of individual industrial uses, with consideration for transportation facilities (rail and highway), circulation, parking, utility needs, aesthetics and compatibility (amended January 6, 1998 by Ordinance # 98-02).
Industrial Use, General, (Heavy)- Manufacturing, processing, extraction, heavy repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or wastes in which some operations, other than transportation, are performed in an open area (amended January 6, 1998 by Ordinance # 98-02).
Industrial Use, Light- Manufacturing, processing, extraction, heavy repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or wastes in which some operations, other than transportation, are performed entirely within enclosed buildings, and for which all loading and unloading facilities are enclosed (amended January 6, 1998 by Ordinance # 98-02).
Interior Lot- means a lot other than a corner lot or a through lot.
Junk Yard- means a place, usually outdoors, where waste or discarded used property other than organic matter is or may be salvaged for re-use or resale.
Kennel- means a place primarily for keeping 4 or more dogs, or other small animals, that are ordinarily kept as pets and are at least 4 months old.
Knox Box – A fire-proof box, accessible via a master key, that contains entrance keys and floor plans for a specific property. The master key is typically in the possession of the local fire department to provide access to the property in an emergency. (amended September 19, 2006 by Ordinance # 2006-23).
Landfill - A type of operation in which refuse and earth or other suitable cover material area deposited in alternate layers of specified depth in accordance with a definite plan on a specified portion of open land, with each layer being compacted by force applied by mechanical equipment (Amended April 3, 2002 by Ordinance # 2002-7).
Light Industrial Use - means manufacturing, processing, extraction, heavy repairing, dismantling, storage, or disposal of equipment, raw materials, manufactured products or wastes, in which all operations, other than transportation, are performed entirely within enclosed buildings and for which all loading and unloading facilities are enclosed.
Limited Access Highway - means a highway to which abutting properties are denied access.
Lodge or Private Club - A place where members of a local chapter of an association or a fraternal, cultural or religious organization hold meetings (amended January 6, 1998 by Ordinance # 98-02).
Lodging House - means a building, not available to transients, in which lodgings are regularly provided for compensation for at least three (3) but not more than thirty (30) persons.
Lot- means an area of land, exclusive of street areas but including adjacent areas that are used as one, at least sixty (60) percent of whose lot width abuts a street.
Lot area - The total horizontal area within the boundary lines of a parcel of land. Said parcel may be composed of a single platted lot, several adjoining platted lots, or an unplatted parcel (Amended April 3, 2002 by Ordinance # 2002-7).
Lot, Corner- A lot or parcel of land abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135 degrees (amended January 6, 1998 by Ordinance # 98-02).
Lot Coverage- means the percentage of the lot area that is represented by the building area.
For a building having walls abutting (that is, generally parallel to and not more than five [5] feet from) one street only, means the elevation of the sidewalk at the center of the wall abutting the street.
For a building having walls abutting more than one street, means the average of the elevations of the sidewalk at the centers of all walls that face streets.
Lot Lines- Lines bounding a lot, as follows: (see Page [proper number to be inserted upon addition of amendment to body of Ordinance], "Yards"). (Amended by Ordinance # 2293).
Front Lot Line- The lot line running along the front of the lot and separating it from the street, or sidewalk if one exists. In this Ordinance, the front lot line is also called the "right-of-way line."
Rear Lot Line- The lot line generally opposite or parallel to the front street line. If a rear lot line is less than ten (10) feet long, or the lot comes to a point at the rear, said rear lot line is assumed to be a line at least ten (10) feet long, lying wholly within the lot, parallel to the front street.
Side Lot Line- Any lot line, other than a front or rear lot line.
Lot Width- means the distance between the side lot lines as measured on the building line.
Lot, Zoning- A tract of land, which, at the time of filing for an Improvement Location Permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. A "zoning lot" may or may not coincide with a recorded lot. (Amended by Ordinance # 2293).
Maintenance guarantee - Any security, other than cash, they may be accepted by a municipality for the maintenance of any improvements required by this Ordinance (Amended April 3, 2002 by Ordinance # 2002-7).
Manufactured Home- A dwelling that is fabricated in one or more modules at a location other than the home site, by assembly-line type production techniques or by other construction methods unique to an off-site manufacturing process. Every module shall bear a label certifying that it is built in compliance with One and Two-Family Dwelling Code or a label certifying it is built in compliance with the Federal Manufacturing Home Construction and Safety Standards. A manufactured home can be designed to be towed on its own chassis or be site delivered by alternative means.
Manufactured Home Subdivision- a development providing residential lots for placement of manufactured structures.
Manufactured Housing Unit, Type I- A single-family detached dwelling unit built in a factory after June 15, 1976, and which bears a seal of compliance with federal manufactured housing construction and safety standards (42 U.S.C. 5401 et seq.) or I.C. 22-11-1-1.5, as amended; and that is at least twenty-three (23) feet in width for its entire length, has at least nine-hundred, fifty (950) square feet of occupied space, and is installed and anchored on a permanent foundation and perimeter wall according to the Indiana One (1) and Two (2) Family Dwelling Code. Such units have a pitched, shingled roof and aluminum, vinyl or wooden siding as customarily used for site-constructed dwellings; are transportable in sections; are built on a permanent chassis, but are not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site. Also known as a "double-wide." (Amended by Ordinance # 8691).
Manufactured Housing Unit, Type II- A single-family detached dwelling unit built in a factory after June 15, 1976, and which bears a seal of compliance with federal manufactured housing construction and safety standards (42 U.S.C. 5401 et. seq.) or I.C. 22-11-1-1.5, as amended. Such units have a pitched, shingled roof and aluminum, vinyl or wooden siding as customarily used for site-constructed dwellings; are transportable in sections; are built on a permanent chassis, but are not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site. Also known as a "single-wide." (Amended by Ordinance # 8691).
Manufactured Housing Unit, Type III- A movable or portable integrated dwelling, constructed to be towed on its own chassis and which is capable of connection to utilities for year-round occupancy; and which has no foundation other than wheels, jacks, skirting or other temporary supports. These units were built prior to the enactment of the "National Mobile Home Construction and Safety Standards Act of 1974, effective June 15, 1976. Commonly known as a "trailer." (Amended by Ordinance # 8691).
mining or quarrying, and
removal of earth materials.
Miniwarehouse (See self-service storage facility) (Amended April 3, 2002 by Ordinance # 2002-7)
Mobile Home- A transportable structure more than 30 feet in length, constructed to be towed on its own chassis and designed for long term occupancy (more than 45 days) (amended January 6, 1998 by Ordinance # 98-02).
Motel- An establishment providing sleeping accommodations with a majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of building (amended January 6, 1998 by Ordinance # 98-02).
Multifamily dwelling - A residential building containing three or more separate dwelling units (Amended April 3, 2002 by Ordinance # 2002-7).
Municipal or Government Building- Any building, structure, facility or complex constructed by any federal, state, county or municipal government agency (amended January 6, 1998 by Ordinance # 98-02).
Night Club- An establishment primarily offering a floor show, dancing or other entertainment, which may be of an adult nature and which occurs exclusively within an enclosed structure, where minors are not allowed on the premises, and where food and drink may be provided for on-site consumption (amended January 6, 1998 by Ordinance # 98-02).
Nonconforming Recorded Lot- means a lot which was legally recorded by the county in a plat or deed prior to the adoption of this ordinance or subsequent amendment, but which does not conform to the lot area, width, or other required dimensions of the district in which it is located.
Nonconforming Structure- means a structure which was legally constructed prior to the adoption of this ordinance or subsequent amendment, and which does not conform to the regulations of the district in which it is located.
Nonconforming Use of Land- means an activity utilizing land that was legally established prior to the adoption of this ordinance or subsequent amendment but which does not conform to the regulations of the district in which it is located.
Nonconforming Open Use of Land- means a nonconforming use of land not operated in conjunction with a building, or a use operating with an incidental building with a floor area not larger than five (5) percent of lot area.
Nonconforming Use of Structure- means an activity utilizing a structure which activity was legal established prior to the adoption of this ordinance or subsequent amendment and which does not conform to the regulations of the district in which it is located.
Open space -An area used for either environmental, scenic or recreational purposes. Does not include surfaces or areas designed or intended for vehicular travel (Amended April 3, 2002 by Ordinance # 2002-7).
Outdoor Advertising Sign (Billboard)- A sign that directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premises on which the sign is located (amended January 6, 1998 by Ordinance # 98-02).
Outdoor Commercial Recreational Enterprise- A outdoor recreational facility operated as a business and open to the public for a fee (amended January 6, 1998 by Ordinance # 98-02).
Outdoor storage - Storage, in an unroofed area, within the confines of a single parcel, of any goods or materials in the same place for more than 24 hours (Amended April 3, 2002 by Ordinance # 2002-7).
Parcel- A contiguous lot or tract of land owned and recorded as the property of the same persons or controlled by a single entity (amended January 6, 1998 by Ordinance # 98-02).
Park - Any public or private land open to the general public and reserved for recreational, educational or scenic purposes (Amended April 3, 2002 by Ordinance # 2002-7).
Parking area - An area, not including any part of a street or an alley, designed and constructed for the temporary parking of a motor vehicle. For residential properties, a driveway is considered as part of a parking area (Amended April 6, 2004 by Ordinance # 2004-5)..
Parking lot - An area not within a building where motor vehicles may be stored for the purposes of temporary, daily or overnight off-street parking (Amended April 3, 2002 by Ordinance # 2002-7).
Parking space – One parking space for a motor vehicle, 180 square feet in size (typically 9’ x 20' in size). A parking space may be either on-street (parallel or angle parking space) or off-street (part of a driveway or parking lot). (Amended April 6, 2004 by Ordinance # 2004-5).
Performance guarantee - A financial guarantee to ensure that all improvements, facilities or work within a particular development will be completed in compliance with this Ordinance, and all other applicable regulations, and the approved plans and specifications of the development (Amended April 3, 2002 by Ordinance # 2002-7).
Person- includes a corporation, firm, partnership, association, organization, or any other group that acts as a unit.
Personal Property - shall mean property that is owned, utilized and maintained by an individual or members of his or her residence and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment (Amended April 6, 2004 by Ordinance # 2004-5)..
Petroleum Tank Farm- An open air facility containing a number of aboveground, large containers for the bulk storage of liquid materials (amended January 6, 1998 by Ordinance # 98-02).
Pipestem lot - A lot accessed from an adjoining street by a narrow corridor (Amended April 3, 2002 by Ordinance # 2002-7).
Place of worship - (see "church") (Amended April 3, 2002 by Ordinance # 2002-7).
Planned Development- Land, under unified control, to be planned and developed as a whole in a single development operation or a definitely programmed series of development operations or phases. May include principal and accessory structures, and those uses substantially related to the character and purposes of the planned development.
Planned Residential Development- An area of minimum contiguous size, as specified by ordinance, to be planned, developed, operated and maintained as a single entity and containing one or more residential clusters; appropriate commercial, public or quasi-public uses may be included if such uses are primarily for the benefit of the residential development (amended January 6, 1998 by Ordinance # 98-02).
Plant Nursery- Land or greenhouses used to raise flowers, shrubs and plants for sale (amended January 6, 1998 by Ordinance # 98-02).
Plat- means a map or chart that shows a division of land and is intended to be filed for record.
Primary Thoroughfare- means a street identified as such in the master plan; primary thoroughfares are intended to carry high volumes of traffic, including through traffic.
Principal Building- means a building in which the principal use of the lot on which it is located is conducted, including a building that is attached to such a building in a substantial way, such as by a roof (with respect to residential uses, it means the main dwelling).
Principal use - The primary use and chief purpose of a lot or structure (Amended April 3, 2002 by Ordinance # 2002-7).
Private garage - A accessory building for the private use of the owner or occupant of the primary building located on the same parcel of land with no facilities for the mechanical service or repair of motor vehicles (Amended April 3, 2002 by Ordinance # 2002-7).
Private Recreational Development- A recreation facility open only to bona fide members and guests of private organization operating the facility (amended January 6, 1998 by Ordinance # 98-02).
Private Residential Swimming Pool - A water-filled enclosure, permanently constructed or portable, on private residential property having a depth of more than eighteen (18) inches below the level of the surrounding land, or an above surface pool, having a depth of more than forty-two (42) inches, designed, used and maintained for swimming and bathing, and which is not open to the public (Amended November 2, 2004 by Ordinance # 2004-29).
Private Commercial Swimming Pool - A water-filled enclosure, permanently constructed or portable, on private commercial property (such as a motel, hotel or club) having a depth of more than eighteen (18) inches below the level of the surrounding land, or an above surface pool, having a depth of more than forty-two (42) inches, designed, used and maintained for swimming and bathing, and which may be open to the public (Amended November 2, 2004 by Ordinance # 2004-29).
Professional Office- The office of a member (or members) of a recognized profession maintained for the conduct of that profession (amended January 6, 1998 by Ordinance # 98-02).
Public Camp- means an area of land used or designed to be sued to accommodate two (2) or more camping parties, including cabins, tents, or other camping outfits, but not including a travel trailer park.
Public or Commercial Sanitary Fill, Refuse Dump, or Garbage Disposal Plant- A site for solid waste disposal (amended January 6, 1998 by Ordinance # 98-02).
Public or Employee Parking Area- A parking area, separate from an on-site parking area that is part of a site or development plan for a new development, available to the public and/or the employees of an establishment using said area, with or without payment of a fee (amended January 6, 1998 by Ordinance # 98-02).
Public Garage- means a garage, other than a private garage, whose services are available to members of the public or to persons occupying a hotel, club, or similar facility.
Public Park- A publicly-owned tract of land designated for active and passive recreation (amended January 6, 1998 by Ordinance # 98-02).
Public Street- means a street established for or dedicated to public use.
Qualified Manufactured Home- A manufactured home constructed after January 1, 1981 that exceeds nine-hundred fifty (950) square feet of occupied space. It must have any wheels, axles and towing chassis removed, and be attached to a solid foundation of masonry construction. A qualified manufactured home shall not be considered a mobile home except to permit the placement of such dwelling units in mobile home parks (amended January 6, 1998 by Ordinance # 98-02).
Radio or Television Tower- A structure that is intended to send and/or receive radio and television communications (amended January 6, 1998 by Ordinance # 98-02).
Recreational Facility- A place designed and equipped for the conduct of sports and leisure-time activities (amended January 6, 1998 by Ordinance # 98-02).
Rear Yard- means a yard that extends across the full width of a lot and is bounded on the rear by the rear lot line, and the depth of which is the least distance between the rear lot line, and the rear of the principal building.
Recycling center - A building in which used materials is separated before shipment to a processor who will use the materials to manufacture new products and/or materials (Amended April 3, 2002 by Ordinance # 2002-7).
Recycling collection point - A collection point for small refuse items, such as bottles and newspapers, located either in a container or small structure (Amended April 3, 2002 by Ordinance # 2002-7).Residence – the use of an entire property, and the primary and secondary structures on a property for residential purposes. Includes all households, whether single-family or multi-family (Amended April 6, 2004 by Ordinance # 2004-5)..
Residence District- refers to RC, RS, RU, RI and RT districts.
Residential Building, Attached- A building, containing one or more dwelling units, that is attached to an accessory building. (Amended by Ordinance # 2293).
Residential Building, Detached- A building, containing one or more dwelling units, that is detached from other buildings and is entirely surrounded by open space on the same lot or parcels of land. (Amended by Ordinance # 2293).
Residents association - (see "homeowners association") (Amended April 3, 2002 by Ordinance # 2002-7).
Restaurant- An establishment primarily for the sale of food and drink which is prepared, served and consumed for the most part within the principal building and where entertainment may be provided (amended January 6, 1998 by Ordinance # 98-02).Restaurant, Drive-in -A retail outlet where food or beverages are sold primarily for consumption by customers in parked motor vehicles (Amended April 3, 2002 by Ordinance # 2002-7).
Restaurant, Fast-food - An establishment that offers quick food service, where food is served in disposable containers either at a counter, or via a drive-through lane (Amended April 3, 2002 by Ordinance # 2002-7).
Retail and/or Service Operations- Establishments providing goods, services or entertainment to the general public for personal or household use, including eating and drinking places, hotels, motels, finance, legal, real estate and insurance, personal service, health, educational and social services, museums and galleries, including, but not limited to, the following (amended January 6, 1998 by Ordinance # 98-02):
Apparel Shop
Bait Sales
Bakery
Bank
Barber Shop
Beauty Shop
Bowling Alley
Business or Professional Office
Carry-Out Liquor Store
Convenience Mart
Dairy Store
Dancing Academy
Delicatessen
Department Store
Dressmaking Shop
Drugstore
Dry-cleaning Establishment
Electrical Appliance Service and Sales
Gasoline Service Station
Gift Shop
Grocery
Hardware Store
Jewelry Store
Laundry Agency
Meat Market
Millinery Shop
Newsdealer / Book Store
Photographic Studio
Radio-TV Service and Sales
Record Shop
Reducing Salon / Tanning Salon
Retail Showroom
Shoe Repair Shop
Self-Service Laundry
Stationer
Supermarket
Tailor and Pressing Shop
Variety Store
Video Tape Store
Wholesale Business
Riding Stable / Riding Academy- An establishment where horses are boarded and cared for, and where instruction in riding, jumping and showing is offered, and where horses may be hired for riding (amended January 6, 1998 by Ordinance # 98-02).
Right-of-way, Public - A publicly-owned area or strip of land on which an irrevocable right-of-passage has been recorded for use of vehicles and/or pedestrians (Amended April 3, 2002 by Ordinance # 2002-7).
Road or street, Private - Roads or streets constructed and maintained by a private entity. Such streets may either be open to the public or have restricted access (Amended April 3, 2002 by Ordinance # 2002-7).
Rooming house (See also boarding house) (Amended April 3, 2002 by Ordinance # 2002-7)
Satellite dish antenna -A round, parabolic antenna intended to receive signals from orbiting satellites and other sources. Noncommercial dish antennas are defined as being less than four meters in diameter, while commercial dish antennas are usually those larger than four meters and typically used by broadcasting stations (Amended April 3, 2002 by Ordinance # 2002-7).
School - A facility that provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, junior high schools, high schools, post-secondary, trade or vocational schools, either public or private (Amended April 3, 2002 by Ordinance # 2002-7).
Screening - The method by which a view of one site from another adjacent site is shielded, concealed or hidden. Screening techniques include fences, walls, hedges, berms or other features (Amended April 3, 2002 by Ordinance # 2002-7).
Secondary Thoroughfare- means a street identified as such in the master plan; secondary thoroughfares are intended to carry high volumes of traffic.
Senior Citizen Housing (amended January 6, 1998 by Ordinance # 98-02):
Assisted Living Facility- Residences for the frail elderly that provide rooms, meals, personal care and supervision of self-administered medications. They may provide other services such as recreational activities, financial services and transportation.
Congregate Residences- Apartments and dwellings for the elderly with communal dining facilities and services, such as housekeeping, organized social and recreational activities, transportation services and other support services appropriate for the residents.
Continuing Care Retirement Community- An age-restricted development that provides a continuum of accommodations and care, from independent living to long-term bed care, and enters into contracts to provide lifelong care in exchange for the payment of monthly fees and entrance fee in excess of one year of monthly fees.
Nursing Home- An institution, or a distinct part of an institutions, that is licensed or approved to provide health care under medical supervision for twenty-four (24) or more consecutive hours to two or more patients who are not related to the governing authority or its members by marriage, blood or adoption.
Retirement Community- Any age-restricted development which may be in any housing form, including detached and attached dwelling units, apartments and residences, offering private and semiprivate rooms.
Service station - Any premises where gasoline and other petroleum produces are sold and / or light maintenance activities such as engine tune-ups, lubrication and minor repairs are conducted. This definition does not include heavy maintenance activities such as engine overhauls, automobile painting and body work (Amended April 3, 2002 by Ordinance # 2002-7).
Self-service storage facility - A building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized and controlled access stalls or lockers for the storage of customer's goods or wares (Amended April 3, 2002 by Ordinance # 2002-7).
Setback- the minimum required distance between the right-of-way line and the building line.
Shopping center - A grouping of retail business and service uses on single site with common parking facilities under common ownership (Amended April 3, 2002 by Ordinance # 2002-7).
Side Yard- means a yard, between the principal building and adjacent side lot line, that extends from the front yard, or street right-of-way where there is no front yard, to the rear yard, and the width of which is the least distance between the side lot line and the adjacent side of the building.
Sign- A structure or device designed or intended to convey information to the public in written or pictorial form. (Amended by Ordinance # 2293).
Sign, Awning or Canopy- A sign painted, stamped, perforated or stitched, or otherwise applied on the valance of an awning. (Amended by Ordinance # 2293).
Sign, Free-standing- A sign supported by one or more upright poles, columns, or braces, placed in or on the ground, and not attached to any building or structure. (Amended by Ordinance # 2293).
Sign, Illuminated- A sign illuminated in any manner by an artificial light source. (Amended by Ordinance # 2293).
Sign, Portable- A sign that is not permanently affixed to a building, other unmovable objects, or the ground. (Amended by Ordinance # 2293).
Sign, Projecting- Any sign, other than a wall sign, that is attached to, and projects from, the wall or face of a building or structure, including an arcade / marquee sign. (Amended by Ordinance # 2293).
Sign, Roof- Any sign erected upon, against, or directly above a roof or roof eave, or on top or above the parapet, or on a functional architectural appendage above the roof or roof eave. (Amended by Ordinance # 2293).
Sign, Sidewalk - A temporary, foldable, “tent” or “A-frame” signs, no larger than forty-eight (48) inches in height, and thirty (30) inches in width, that is placed in front of a business during business hours and is removed from the adjoining sidewalk and / or right-of-way during non-business hours.
(Amended by Ordinance #1-2008, adopted February 5, 2008)Sign, Temporary- A sign intended for use for a limited time. (Amended by Ordinance # 2293).
Sign, Wall- A sign painted on the outside of a building, or attached to, and erected parallel to the face of a building and supported throughout its length by such building. (Amended by Ordinance # 2293).
Sign Permit- A permit granting the proposed construction of a sign, and its compliance with the Zoning Ordinance. (Amended by Ordinance # 2293).
Site plan - A plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses and principal site development features proposed for a specific parcel of land (Amended April 3, 2002 by Ordinance # 2002-7).
Special Exception- An approval granted, for a special exception use designated in Table 1 of this Ordinance, with or without conditions, to an applicant by the Board of Zoning Appeals, to use land in a zoning district for a purpose other than what is designated as a permitted use in the relevant district. (Amended by Ordinance # 2293).
Stadium or Coliseum (Non-School)- A large open or enclosed space used for games or major events, and partly or completely surrounded by tiers of seats for spectators (amended January 6, 1998 by Ordinance # 98-02).
Storage Buildings, Public - (see "self-service storage facility") (Amended April 3, 2002 by Ordinance # 2002-7)
Story - The space between the surface of two successive floors in a building or between the top floor and the ceiling or underside of the roof framing (Amended April 3, 2002 by Ordinance # 2002-7).
Street - For the purposes of these regulations, streets within Garrett are classified by the Garrett Pavement Management System as follows (amended April 2, 2002 by Ordinance # 2002-7):
Arterial Street - Serves the major traffic movements within Garrett such as between the central business district and the outlying commercial and residential areas. Serves a major portion of the vehicular entering and leaving Garrett.
Collector Street - Collects traffic from local streets and channels it to other areas of Garrett and to arterial streets. Has higher traffic volume than a local street. Provides through access, or relatively few stop yield signs, for traffic.
Local Street - Provides vehicular access to individual parcels of land. Routes local traffic to collector and arterial streets. Does not generally provide through access to other areas of Garrett. A local street may be either a public or private street.
Structural Change - means a substantial change in a supporting member of a building, such as a bearing wall or partition, column, beam, or girder, or in an exterior wall or the roof.
Structure - means anything constructed or erected that requires location on or in the ground or attachment to something having a location on or in the ground.
Student Housing - a building available to at least three (3) and not more than eight (8) students enrolled in a trade or business school.
Subdivision - The division of a parcel of land into two (2) or more lots, parcels, sites, units, plats or interests for offer, sale, lease or development. Includes the development of land zoned for residential or nonresidential uses. This term does not apply to any of the following: the division of land into parcels larger than five (5) acres for agricultural purposes not involving any new streets or easement of access; the sale or exchange of parcels between adjoining lot owners where such sale or exchange does not create additional building sites (Amended April 3, 2002 by Ordinance # 2002-7).
Substandard lot - A lot or parcel of real estate that cannot sustain development due to size, soil conditions, drainage or lack of access from a public right-of-way (Amended April 3, 2002 by Ordinance # 2002-7).
Tavern - An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where sandwiches and snacks are available for consumption on the premises (Amended April 3, 2002 by Ordinance # 2002-7).
Theater, Outdoor - An area including a large projection screen and an area where vehicles are parked in a manner to view projected images (Amended April 3, 2002 by Ordinance # 2002-7).
Temporary use - Use of a parcel of land for a limited duration (Amended April 3, 2002 by Ordinance # 2002-7).
Theater, Indoor- A building or part of a building devoted to showing motion pictures, or for dramatic, dance, musical or other live performances (amended January 6, 1998 by Ordinance # 98-02).
Through lot - lot having its front and rear yards each abutting a street (Amended April 3, 2002 by Ordinance # 2002-7).
Tourist Home- means a building in which not more than five (5) guest rooms are used to provide or offer overnight accommodations to transient guests for compensation.
Trade or Business School- means a secretarial or business school or college that is not publicly owned, is not owned, conducted, or sponsored by a religious, charitable, or nonprofit organization, and is not a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering, hairdressing, or the industrial or technical arts.
Transient- a person who stays in Garrett for less than thirty (30) days and has no intent of permanently residing in Garrett.
Transitional or buffer use - A permitted use or structure that, by nature or scale of activity, acts as a transition or buffer between two or more incompatible uses (Amended April 3, 2002 by Ordinance # 2002-7).
Travel Trailer- means a vehicle or other portable structure thirty (30) feet or less in length that is designed to move on the highway and designed or used as a dwelling.
Travel Trailer / RV Park / Campground- A plot of ground upon which two or more campsites are located, established or maintained for occupancy by camping units as temporary living quarters for recreation, education or vacation purposes (amended January 6, 1998 by Ordinance # 98-02).
Travel Trailer Park- means an area of land on which two (2) or more travel trailers are regularly accommodated with or without charge, including any building or other structure, fixture, or equipment that is used or intended to be used in connection with providing that accommodation.
Truck Freight Terminal- An area and building where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation (amended January 6, 1998 by Ordinance # 98-02).
Use, Accessory- A use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use (amended January 6, 1998 by Ordinance # 98-02).
Variance from Development Standards- A dispensation, granted to a property owner by the Board of Zoning Appeals, from the development standards established in this Ordinance (setbacks, signage, fences, etc.). (Amended by Ordinance # 2293).
Variance of Use- A dispensation, granted by the Board of Zoning Appeals, permitted on individual parcels of property as a method of alleviating unnecessary hardship by allowing a reasonable use of the building, structure, or property, which, because of unusual or unique circumstances, is denied by the terms of this Ordinance. (Amended by Ordinance # 2293).
Veterinary Hospital for Small Animals- A place where small animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use (amended January 6, 1998 by Ordinance # 98-02).
Warehouse- A building used primarily for the storage of goods and materials (amended January 6, 1998 by Ordinance # 98-02).
Warehousing and distribution terminal - A use engaged in the storage, wholesale or distribution of manufactured products, supplies and / or equipment (amended December 27, 2001 by Ordinance 2001-19).
Wetland - An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
Yard - A space on the same zoning lot with a principal building that is open and unobstructed except as otherwise authorized by this Ordinance. Yards within the City of Garrett shall be designated as follows (Amended by Ordinance # 2293):
Yard, Front - A yard extending across the full width of the front of a lot between the front lot line and the front building line.
Yard, Rear - A yard extending across the full width of the rear of a lot between the rear lot line and the rear building line.
Yard, Side - A yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of a front or rear yard, to the front or rear lot lines.
NOTE: This Code is subject to amendment periodically
as permitted by the Indiana Code. Such amendments
may not be immediately posted to this site.
For the latest print edition of the Garrett City Code of
Ordinances, please direct inquiries to the City of Garrett
Clerk Treasurer.
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copyrighted 2000 - 2009, by the City of Garrett, Indiana.
and is copyrighted 2000-2009, by the City of Garrett, Indiana
