Section 2.03 Construction of Language and Definitions
- Construction of Language. The language of this ordinance shall be interpreted in accordance with the following regulations:
- The particular shall control the general.
- In the case of any difference of meaning or implication between the text of this ordinance and any illustration or diagram, the text shall control.
- The word "shall" is always mandatory and not discretionary. The word "may" is permissive.
- Words used in the present tense shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
- A "building" or "structure" includes any part thereof.
- The phrase "used for", includes "arranged for", "designed for", "intended for", maintained for", or "occupied for".
- Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and", "or", or "either...or", the conjunction shall be interpreted as follows:
- "And" indicates that all the connected items, conditions, provisions, or events shall apply.
- "Or" indicates that the connected items, conditions, provisions, or events may apply singly or in any combination.
- "Either...or" indicates that all the connected items, conditions, provisions, or events shall apply singly but not in combination.
- Definitions. The words in the text or illustrations of this ordinance shall be interpreted in accordance with the following definitions. The illustrations and diagrams in this section provide graphic representation of the concept of a definition; the illustration or diagram is not to be construed or interpreted as a definition itself.
- Abandoned Well. A well whose use has been permanently discontinued or which is in a state of disrepair such that it cannot be used for its intended purpose or for observation purposes.
- Above Ground Storage Tank. Any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of potential ground water contaminants and the volume of which (including the volume of underground pipes connected thereto) is less than ten (10) percent beneath the surface of the ground. Flow-through process tanks are excluded from the definition of above ground storage tanks.
- Approved Underground Storage Tank. A stationary device designed to contain an accumulation of potential ground water contaminants and constructed of non-earthen materials, for example, steel or fiberglass, which has been approved for use by the Steel Tank Institute or the Fiberglass Petroleum Tank and Pipe Institute.
- Building. Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, or property of any kind, having a permanent roof supported by columns or walls.
- Chlorinated Solvent. Any liquid solution containing at least ten percent of a chemical or chemicals classified as a chlorinated organic compound. If the concentration of the chlorinated organic compound in the liquid is not known, the entire volume of the liquid solution shall be considered to be a chlorinated solvent.
- Commission. The Metropolitan Development Commission of Marion County, Indiana.
- Commitment. An official agreement concerning and running with the land as recorded in the office of the Marion County Recorder.
- Condition. An official agreement between the municipality and the petitioner concerning the use or development of the land as imposed by the technically qualified person.
- Connected Piping. All underground piping including valves, elbows, joints, flanges, and flexible connectors attached to a tank system.
- Containment Area. An above ground area with floors and sidewalls that have been constructed of a material which will prevent migration of fluids into the ground water.
- Development Plan. As enabled by 1400 SERIES--DEVELOPMENT PLANS IC 36-7-4-1400 through IC 36-7-4-1499.
- De-Watering. Any removal of ground water specifically designed to lower ground water levels.
- Disposal. Discharge, deposit, injection, dumping, spilling, leaking, or placing of any potential ground water contaminants into or on any land or water.
- Excavation. The breaking of ground, except common household gardening, ground care and agricultural activity.
- Fuel Dispensing Facility. Any facility where gasoline or diesel fuel is dispensed into motor vehicle fuel tanks from an underground storage tank.
- Ground Water. Any water occurring within the zone of saturation in a geologic formation beneath the surface of the earth.
- Hardsurfaced. (Pertains to the Wellfield Protection Zoning Ordinance only.) Quality of an outer area being solidly constructed of asphalt, concrete, or other Health and Hospital Corporation approved material.
- Interstitial Monitoring. A system designed, constructed and installed to detect a leak from any portion of a storage tank or connected piping that routinely contains potential ground water contaminants by monitoring the space between the primary (inner) tank or connected piping and the secondary (outer) tank or connected piping.
- Legally Established Nonconforming Use. Any continuous, lawful land use having commenced prior to the time of adoption, revision or amendment, or granted a variance of the zoning ordinance, but which fails, by reason of such adoption, revision, amendment or variance to conform to the present requirements of the zoning district.
- Liquid. A liquid is a substance or mixture which is fluid at 20 degrees C (68 degrees F).
- Liquid Transfer Area. An off-street area maintained and intended for temporary parking of a commercial vehicle while transferring potential ground water contaminant to and from a facility.
- Permitted Use. Any use by right authorized in a particular zoning district or districts and subject to the restrictions applicable to that zoning district.
- Potential Ground Water Contaminant. Any material which because of its toxicity and mobility in ground water, poses a significant hazard to the quality of ground water resources used for public water supply.
- Premises. A platted lot or part thereof or unplatted lot or parcel of land, either occupied or unoccupied by any structure, and includes any such building, accessory structure, adjoining alley, easement, or drainage way.
- Release. Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (surface water, ground water, drinking water supply, land surface, subsurface strata).
- Shop Area. A production or repair area equipped with tools and machinery.
- Site Plan. The Plan, or series of plans, drawn to scale, for one or more lots on which is shown the existing and proposed locations and conditions of the lot including as required by the Improvement Location Permit Ordinance, but not limited to: topography, vegetation, drainage, floodplains, marshes, and waterways; open spaces, walkways, means of ingress and egress, utility services, landscaping, buildings, structures, signs, lighting and screening devices, center lines of rights-of-way, and dimensions.
- Storage. The long term deposit (more than twenty-four hours) of any goods, material, merchandise, vehicles, or junk.
- Structure. A combining or manipulation of materials to form a construction, erection, alteration or affixation for use, occupancy, or ornamentation, whether located or installed on, above, or below the surface of land or water.
- Surface Impoundment. A natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials) that is not an injection well.
- Tank. A tank is a stationary device designed to contain an accumulation of liquids and which is constructed of non-earthen materials, for example, concrete, steel, or plastic, that provides structural support.
- Technically qualified person. A technically qualified person is either (a) any person provided by the ERMD pursuant to a contract or memorandum of understanding between the Department of Metropolitan Development ("DMD") and ERMD, or (b) any person with whom the ERMD has a services contract and who is provided to DMD by ERMD pursuant to a contract or memorandum of understanding between DMD and ERMD. Such technically qualified person is a person who is competent to evaluate site and development plans for contamination risk to ground water quality. Examples of technically qualified persons include professional engineers, certified professional geologists and environmental and other scientists with specialized training and experience in hydrogeology, contaminant transport, and hazardous materials management.
- Underground Storage Tank. Any one or combination of tanks (including underground pipes connected thereto) that is regulated under 40 CFR Part 280. Notwithstanding the exceptions in 40 CFR, Part 280, for the purpose of this ordinance an underground storage tank also includes:
- A tank which would otherwise be regulated by 40CFR, Part 280 but for the fact that it contains hazardous waste as regulated under subtitle C of the federal Solid Waste Disposal Act.
- A tank which would otherwise be regulated by 40 CFR, Part 280 but for the fact that it is used to store heating oil for consumptive use on the premises where stored.
34. Vehicle or Equipment Repair Area. An area designated, designed and intended for the purpose of repairing automotive vehicles or equipment. - Well. A bored, drilled or driven shaft, or a dug hole, whose depth is greater than the largest surface dimension.
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