Chapter 17.04


17.04.005    Generally.

17.04.010    Accessory dwelling unit.

17.04.020    Accessory use.

17.04.030    Alteration.

17.04.040    Amendment.

17.04.050    Buffer.

17.04.060    Building.

17.04.070    Building site.

17.04.080    Bulk.

17.04.090    Business.

17.04.100    Clustering.

17.04.110    Commercial use.

17.04.120    Conditional use.

17.04.130    Cottage industry.

17.04.140    Critical areas.

17.04.150    Dedication.

17.04.160    Density.

17.04.170    Development.

17.04.180    Duplex.

17.04.190    Dwelling.

17.04.200    Easement.

17.04.210    Exterior storage.

17.04.220    Fence.

17.04.230    Group home.

17.04.240    Height.

17.04.250    Hotel.

17.04.260    Intensity.

17.04.270    Interior lot line.

17.04.280    Light industrial.

17.04.290    Lot.

17.04.300    Lot area.

17.04.310    Lot coverage.

17.04.320    Manufactured home.

17.04.330    Mixed-use development.

17.04.340    Nonconforming land uses.

17.04.350    Office use.

17.04.360    Open space.

17.04.370    Performance standards.

17.04.380    Permitted land uses.

17.04.390    Publicly dedicated pedestrian trails.

17.04.400    Residential use.

17.04.410    Setbacks.

17.04.420    Signs.

17.04.430    Site plan.

17.04.440    Street frontage.

17.04.450    Structure.

17.04.460    Subdivision.

17.04.470    Use.

17.04.480    Variance.

17.04.490    Yards.

17.04.005 Generally.

These definitions are intended to give meaning to and clarify terms commonly used in this title. (Ord. 370 § 1 (part), 2004).

17.04.010 Accessory dwelling unit.

“Accessory dwelling unit” is an independent dwelling unit located in a primary dwelling unit having a cooking area and may also have an outside entrance. (Ord. 370 § 1 (part), 2004).

17.04.020 Accessory use.

“Accessory use” is a use, building, or structure subordinate to and serving a principal building or principal use. (Ord. 370 § 1 (part), 2004).

17.04.030 Alteration.

“Alteration” is a change, addition, or modification in construction or occupancy; a change, addition, or modification to a site, building or occupancy. (Ord. 370 § 1 (part), 2004).

17.04.040 Amendment.

“Amendment” is a change in the wording, context or substance of the code or a change to the zoning map, to be provided at a later date. (Ord. 370 § 1 (part), 2004).

17.04.050 Buffer.

“Buffer” is a unit of land between land uses providing required shielding. (Ord. 370 § 1 (part), 2004).

17.04.060 Building.

“Building” is any structure for the support and/or shelter of persons, animals, mechanical devices, or any kind of property. (Ord. 370 § 1 (part), 2004).

17.04.070 Building site.

“Building site” is a parcel of land (one (1) lot, several lots) assigned to a land use or uses. (Ord. 370 § 1 (part), 2004).

17.04.080 Bulk.

“Bulk” is the size and location of buildings and structures in relation to the building site including such features as height, lot area, lot coverage, front, side, and rear yards. (Ord. 370 § 1 (part), 2004).

17.04.090 Business.

“Business” is transactions involving the handling or disposition of any article, service, substance or commodity for livelihood or profit. (Ord. 370 § 1 (part), 2004).

17.04.100 Clustering.

“Clustering” is a development technique that concentrates building on a part of the site to allow the remaining land use to be used for recreation, common open space, and preservation of critical areas. (Ord. 370 § 1 (part), 2004).

17.04.110 Commercial use.

“Commercial use” is for the sale of consumer goods and services, accommodations and food service. (Ord. 370 § 1 (part), 2004).

17.04.120 Conditional use.

“Conditional use” is a use allowed with certain conditions due to unique circumstances or other considerations as recommended by the planning commission and approved by the town council. (Ord. 370 § 1 (part), 2004).

17.04.130 Cottage industry.

“Cottage industry,” sometimes referred to as “home occupation,” is regarded as any business, profession, occupation or trade carried out for gain by a resident and conducted as a customary, incidental, and accessory use on the residential property. The activity is secondary to the residential use of the structure and does not substantially alter the residential appearance or character. This definition includes a bed and breakfast with accommodations of less than six (6) guests. (Ord. 370 § 1 (part), 2004).

17.04.140 Critical areas.

“Critical areas” are defined by the Growth Management Act as wetlands, fish and wildlife habitats, frequently flooded areas, geologically hazardous areas such as steep slopes, bluffs, and soils subject to water erosion, and aquifer recharge areas. (Ord. 370 § 1 (part), 2004).

17.04.150 Dedication.

“Dedication” is the transfer of property by the owner to another party. Dedication is often for a specific use such as roads, utilities, and open space. When dedication is impractical because of costs, an easement may suffice. (Ord. 370 § 1 (part), 2004).

17.04.160 Density.

“Density” is the number of permitted dwelling units allowed on each acre of land or fraction thereof. (Ord. 370 § 1 (part), 2004).

17.04.170 Development.

“Development” is the construction, reconstruction, or modification of structures above and below ground or water on a building site. (Ord. 370 § 1 (part), 2004).

17.04.180 Duplex.

“Duplex” is a single structure containing two (2) dwelling units. (Ord. 370 § 1 (part), 2004).

17.04.190 Dwelling.

“Dwelling” is any structure or portion of a structure designed or used for residential purposes.

(A) “Single-family dwelling” means a structure designed for use as a single dwelling unit.

(B) “Multifamily dwelling” means a structure or portion of a structure designed or used for residential purposes and containing two (2) or more dwelling units. (Ord. 370 § 1 (part), 2004).

17.04.200 Easement.

“Easement” is authorization by a property owner for others to use a specified or designated portion of owner’s property in a specified way, i.e., for access to neighboring property rather than for dwelling or storage purposes. (Ord. 370 § 1 (part), 2004).

17.04.210 Exterior storage.

“Exterior storage” is the storage of fuel, raw materials, products, or equipment outside of an enclosed structure. (Ord. 370 § 1 (part), 2004).

17.04.220 Fence.

“Fence” is a wall or barrier used to separate or enclose parcels of land. (Ord. 370 § 1 (part), 2004).

17.04.230 Group home.

“Group home” is a single-family dwelling unit that provides housing for a limited number of people with special housing needs. (Ord. 370 § 1 (part), 2004).

17.04.240 Height.

“Height” is the vertical distance measured from the top of the slab foundation or the top of the footings of the site to the highest point of the roof. In a post-and-pier type of construction, the measuring point will be the midpoint between the elevations of the bottoms of the highest and lowest piers. (Ord. 370 § 1 (part), 2004).

17.04.250 Hotel.

“Hotel” is an establishment that provides lodging and usually meals, entertainment and various personal services for the public. It may provide a central kitchen, dining facility, accessory shops, and related services, which cater to the specific clientele and to the general public. (Ord. 370 § 1 (part), 2004).

17.04.260 Intensity.

“Intensity” is a level of activity that changes the character, increases the traffic and congestion, or otherwise creates an incompatible relationship between existing land uses. (Ord. 370 § 1 (part), 2004).

17.04.270 Interior lot line.

“Interior lot line” is the boundary which separates one (1) lot from another. (Ord. 370 § 1 (part), 2004).

17.04.280 Light industrial.

“Light industrial,” also known as “manufacturing, light,” means processing or fabrication of materials involving methods or manufacturing processes which do not generate noxious or objectionable impacts such as noise, smoke, dust, vibration, odor, or concussion; do not require the use of heavy equipment; and do not involve outdoor storage of large quantities of bulk materials or heavy equipment. (Ord. 370 § 1 (part), 2004).

17.04.290 Lot.

“Lot” is a designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon. (Ord. 370 § 1 (part), 2004).

17.04.300 Lot area.

“Lot area” is the area within the boundary of a lot. (Ord. 370 § 1 (part), 2004).

17.04.310 Lot coverage.

“Lot coverage” is the portion of a lot occupied by the principal building and accessory structures greater than three (3) feet in height. (Ord. 370 § 1 (part), 2004).

17.04.320 Manufactured home.

“Manufactured home” is a structure, transportable in one or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on-site, is three hundred twenty (320) or more square feet and which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation.

Note: “Manufactured home” means a single-family dwelling unit built in accordance with the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act (42 U.S.C. Section 5401). (Also called “mobile home.”) (Ord. 370 § 1 (part), 2004).

17.04.330 Mixed-use development.

“Mixed-use development” is the development of a tract of land, building or structure with a variety of complementary and integrated uses such as, but not limited to, residential, office, manufacturing, retail, public, or entertainment in a compact form. (Ord. 370 § 1 (part), 2004).

17.04.340 Nonconforming land uses.

“Nonconforming land uses” are land uses lawfully established and maintained but which no longer conform to the current zoning designation. (Ord. 370 § 1 (part), 2004).

17.04.350 Office use.

“Office use” is a business which provides professional, administrative, educational, financial, governmental or other services. Differs from a business that transacts in the production, distribution, or sales of commodities or goods. (Ord. 370 § 1 (part), 2004).

17.04.360 Open space.

“Open space” is any parcel, or trail system, or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owner, occupants, and their guests.

(A) “Private open space” is land privately owned or dedicated for public use that is designed and intended for the use of residents and their guests. Uses can include recreation, landscaping or buffering, preserving critical areas, or other beneficial uses.

(B) “Public open space” is an area dedicated in perpetuity and held for public use or interest as part of the town’s open space network.

(C) “Total open space” is the sum of the common and privately held open spaces within the town of Index. (Ord. 370 § 1 (part), 2004).

17.04.370 Performance standards.

“Performance standards” are a set of criteria or standards that regulate land uses based on compatibility with existing development. Standards include physical, environmental, and aesthetic criteria for project-specific review of land use proposals. (Ord. 370 § 1 (part), 2004).

17.04.380 Permitted land uses.

“Permitted land uses” are uses authorized or permitted alone (or in conjunction with another use) in a zoning category and subject to the limitations and regulations of that category. (Ord. 370 § 1 (part), 2004).

17.04.390 Publicly dedicated pedestrian trails.

“Publicly dedicated pedestrian trails” are trails dedicated for use by the general public. (Ord. 370 § 1 (part), 2004).

17.04.400 Residential use.

“Residential use” is the use of a structure designed for human dwelling not including hotels or motels. (Ord. 370 § 1 (part), 2004).

17.04.410 Setbacks.

“Setbacks” are the minimum distances allowed between structures, accessory buildings, or other types of construction, e.g., septic systems, and the lot lines. (Ord. 370 § 1 (part), 2004).

17.04.420 Signs.

“Signs” are broken down as follows:

(A) “Commercial sign” means an exterior sign or device intended to advertise or to attract the attention of patrons, customers, and users.

(B) “Noncommercial sign” means an exterior sign identifying a residence, church, nonprofit establishment, public or recreational facility, apartment building or subdivision.

(C) “Public sign” means a sign of interest and benefit to the general public such as directional signs, traffic control signs, signs promoting public events or celebrations.

(D) “Political sign” means a sign promoting a candidate or list of candidates.

(E) “Real estate sign” means a temporary sign used to advertise real estate for sale or rent.

(F) “Outdoor lighting” means outdoor business or residence lighting which illuminates a business or residence.

(G) “Indoor lighting” means indoor business or residence lighting which illuminates a business or residence.

(H) “Indirect lighting” means a sign is illuminated by separate detached lights which are aimed at the sign. (Ord. 370 § 1 (part), 2004).

17.04.430 Site plan.

“Site plan” is the development plan for one or more lots that shows the existing and proposed conditions of the lots. A site plan may include:

(A) Physical conditions and critical areas such as topography, vegetation, drainage, floodplains, wetlands, waterways;

(B) Site improvements such as landscaping, open spaces, walkways;

(C) Transportation improvements such as ingress, egress, circulation;

(D) Public utilities such as water, electrical, telecommunications systems; and

(E) Structures such as buildings, signs, lighting, screening devices, berms, and buffers, and surrounding development. (Ord. 370 § 1 (part), 2004).

17.04.440 Street frontage.

“Street frontage” is the boundary separating a lot from the abutting street. (Ord. 370 § 1 (part), 2004).

17.04.450 Structure.

“Structure” is anything constructed on the ground or attached to something on the ground not including fences or walls less than six (6) feet high. (Ord. 370 § 1 (part), 2004).

17.04.460 Subdivision

“Subdivision” is the division of land into two (2) or more lots, parcels, or sites to sell or lease. (Ord. 370 § 1 (part), 2004).

17.04.470 Use.

“Use” is the type of occupancy and/or activity that occurs inside a structure or on the land. (Ord. 370 § 1 (part), 2004).

17.04.480 Variance.

A “variance” is the means by which an adjustment is made in the application of the specific regulations of this title to a particular piece of property, which property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the same zone or vicinity and which adjustment remedies disparity in the privileges. (Ord. 370 § 1 (part), 2004).

17.04.490 Yards.

(A) A “front yard” extends the full width of the front of a lot between the front street line and the front building line.

(B) A “rear yard” extends the full width of the lot between the rear lot line and the rear building line.

(C) A “side yard” extends the full width of the lot between the side lot line and the side building line. (Ord. 370 § 1 (part), 2004).