POSEY COUNTY ZONING ORDINANCE

Transcription

1 POSEY COUNTY ZONING ORDINANCE AN ORDINANCE FOR THE DEVELOPMENT THROUGH ZONING OF THE AREA WITHIN THE JURISDICTION OF THE AREA PLAN COMMISSION OF POSEY COUNTY. POSEY COUNTY AREA PLAN COMMISSION 2010 MEMBERS Mark Seib Larry Williams Jon Neufelder Barry Tanner Nancy Hoehn Jim Alsop Ron Fallowfield Gerald Parkinson Steve Morlock Mindy Bourne, Executive Director Becky Vincent, Administrative Assistant Be it ordained by the Board of Commissioners of Posey County, Indiana. Under authority of Chapter 138, Acts of 1957 as Amended, of the General Assembly of the State of Indiana. (IC ).

2 THE ZONING ORDINANCE OF POSEY COUNTY, INDIANA Ordinance No AN ORDINANCE ESTABLISHING ZONING REGULATIONS FOR POSEY COUNTY, INDIANA AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF, IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 138, INDIANA ACTS OF 1957, AS AMENDED, AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH. WHEREAS, Chapter 138, Article V, Indiana Acts of 1957, as amended, empowers the county to enact a zoning ordinance and to provide for its administration, enforcement, and amendments, and WHEREAS, the Area Plan Commission, the County Commissioners of Posey County, Indiana, deem it necessary for the purpose of promoting the health, safety, convenience, and general welfare of the community to enact such an ordinance, and WHEREAS, pursuant to the provisions of Chapter 138, Article VII, Indiana Acts of 1957, as amended, a Board of Zoning Appeals has created to recommend and to carry out its powers and duties as described under Section 77, Article VII, Chapter 138, Indiana Acts of 1957, as amended, and WHEREAS, the Area Plan Commission has divided all areas of the county into districts and has prepared regulations pertaining to such districts in accordance with an adopted County comprehensive plan designed to lessen congestion in public streets to secure safety from fire, flood, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements, and WHEREAS, the Area Plan Commission has given reasonable consideration, among other things, to the present character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and lands and encouraging the most appropriate use of land throughout the county and WHEREAS, the Area Plan Commission has made studies and held public hearings thereon, pursuant to law, and submitted its final report to the county, and WHEREAS, the Area Plan Commission has given due public notices of hearings (pursuant said Chapter 138) relating to zoning districts, regulations, and restrictions, and has held such public hearings, and

3 WHEREAS, all requirements of Chapter 138, Indiana Acts of 1957, as amended, with regard to the preparation of the report of the Area Plan Commission and the subsequent action necessary to enact this ordinance by the County have been met. WHEREAS, the Board of Commissioners of Posey County has paid reasonable regard to the comprehensive plan, current conditions and the character of current structures and uses in each district is adapted, the conservation of property values throughout the County, and responsible development and growth. NOW, THEREFORE, BE IT ENACTED BY THE COUNTY COMMISSIONERS OF THE COUNTY OF POSEY, INDIANA AS FOLLOWS:

4 TABLE OF CONTENTS Chapter 1 - INTENT 1.01 Intent, Purpose, and Methods 1.02 Short Title 1.03 Violations and Penalties 1.04 Severance Clause 1.05 Repeal 1.06 Interpretation, Purpose, and Conflict 1.07 Complaints Regarding Violation 1.08 Attorney's Fees 1.09 Cost on Appeal Chapter 2 - DEFINITIONS 2.01 General 2.02 Terms Defined Chapter 3 - GENERAL PROVISIONS 3.01 Interpretation 3.02 Scope of Regulations 3.03 Unplatted Land 3.04 Platting of Unplatted Land 3.05 Replatting Land 3.06 Street Frontage Required 3.07 Exceptions to Yard Requirements 3.08 Fences, Walls, and Hedges 3.09 Accessory Uses and Structures 3.10 Exception from Height Requirements 3.11 Commercial Uses in Conjunction with Motels, Hotels, or Office Buildings 3.12 Transitional Use 3.13 Air Space Control 3.14 Exemption of Agricultural Uses Chapter 4 - CONTINUANCE OF NONCONFORMING STRUCTURE OR USE 4.01 Nonconforming Structures 4.02 Nonconforming Uses 4.03 Discontinued Nonconforming Use 4.04 Nonconforming Variance Permitted by Board of Zoning Appeals 4.05 Nonconforming Mobile Home Court Chapter 5 - KINDS OF DISTRICTS: ESTABLISHMENT 5.01 Posey County is Hereby Divided into the Following Districts 5.02 Zoning Maps 5.03 Boundaries of Districts

5 5.04 Flood Prone Area District 5.05 Agricultural District Amendment Chapter 6 - SPECIAL USES: SPECIFIED DISTRICTS 6.01 Requirements 6.02 All Districts 6.03 Agricultural - "A" District 6.04 Conditions and Limitations 6.05 Cellular Telephone/Personal Communication Services Towers & Facilities Chapter 7 - "A" AGRICULTURAL DISTRICT 7.01 Purpose and Intent - "A" District 7.02 Use Regulations - "A" District 7.03 Minimum Lot Area 7.04 Yards 7.05 Height 7.06 Minimum Floor Area 7.07 Exception of Agricultural Uses 7.08 Sales of Agricultural Land Chapter 8 - RESIDENTIAL DISTRICTS Single Family Residential R-1 Districts 8.01 Use Regulations - R-1 District 8.02 Area 8.03 Yards 8.04 Height 8.05 Lot Coverage 8.06 Minimum Floor Area One and Two Family Residential - R-2 District 8.07 Use Regulations - R-2 District 8.08 Area 8.09 Yards 8.10 Heights 8.11 Lot Coverage 8.12 Minimum Floor Area Multi-Family Residential - R-3 District 8.13 Use Regulations - R-3 District 8.14 Area 8.15 Yards 8.16 Height 8.17 Lot Coverage 8.18 Minimum Floor Area

6 Chapter 9 - PLANNED UNIT DEVELOPMENT - PUD DISTRICT 9.01 Purpose 9.02 Development 9.03 Location 9.04 Submission of Plans 9.05 Plan Review 9.06 Use 9.07 Criteria 9.08 Utilities Chapter 10 - MOBILE HOME PARK RMH DISTRICT Intent of District Purpose of Standards Use Regulations Limitation on Uses Approval of Mobile Home Park Preliminary Site Plan Approval of the Preliminary Site Plan Approval of Final Site Plan Area Yards Pad and Skirting Landscaping Lot Markers Off-Street Parking Storage Water and Sewage Utilities Common Walks Street Grading and Drainage Signs Illumination of Parks Fire Protection Trash and Refuse Storage Location of Buildings and Structures with Mobile Parks Abandonment and Expiration Chapter 11 - RESIDENTIAL OFFICE / R-O DISTRICT Use Regulations - R-O District Area Yards Height Chapter 12 - COMMERCIAL DISTRICTS

7 Neighborhood Commercial - B-1 District Use Regulations - B-1 District Limitation on Uses Area Yards Height 12.05A Approval of Development Plans Purpose of District Use Regulations - B-1A District Limitations on Uses Approval of Development Plans Height Central Business - B-2 District Use Regulations - B-2 District Limitations on Uses Area Yards Height 12.15A Approval of Development Plans General Commercial - B-3 Districts Use Regulations - B-3 District Limitation on Uses Area Yards Height Approval of Development Plans Chapter 13 - INDUSTRIAL Light Industrial - M-1 District Use Regulations - M-1 District Area Yards Height Lot Coverage 13.05A Approval of Development Plans Heavy Industrial - M-2 District Use Regulations - M-2 District Special Uses

8 13.08 Area Yards Height Lot Coverage Limitation of Uses Approval of Development Plans Chapter 14 - FLOOD HAZARD AREAS FOR POSEY COUNTY, INDIANA Statutory Authorization Statement of Purpose Definitions Duties of the Administrator Regulatory Flood Elevation Improvement Location Permit Preventing Increased Damages Protecting Buildings Other Development Requirements Variances Disclaimer of Liability Violations Abrogation and Greater Restrictions Separability Effective Date Chapter 15 - SIGNS Purpose Definitions General Provisions Permit Required Signs Permitted in R-1 and R-2 Districts Signs Permitted in R-3, PUD, and R-O Districts Signs Permitted in B-1, B-2, and B-3 Districts and with a Conditional Use in the Agricultural District Signs Permitted in B-1A, Planned Shopping Center District Signs Permitted in M-1 and M-2 Districts Conditional Use Chapter 16 - ADMINISTRATION AND ENFORCEMENT Improvement Location Permit Building Under Construction Fees Petitions Form of Petition for Rezoning Ordinance Form of Rezoning Notice Posting Sign

9 16.09 Rezoning Conditional or Special Use Chapter 17 - OFF-STREET PARKING AND LOADING Existing Off-Street Parking and Loading Parking Prohibited Location of Accessory Off-Street Parking Improvements Parking Requirements Off-Street Loading and Unloading Requirements Chapter 18 - BOARD OF ZONING APPEALS Establishment: Membership: Term: Powers of the Board of Zoning Appeals Grant of Variances Time Limit Application for Variance Notice Posting Sign

10 Chapter 1 INTENT 1.01 INTENT, PURPOSE, AND METHODS 1.02 SHORT TITLE 1.03 VIOLATIONS AND PENALTIES 1.04 SEVERANCE CLAUSE 1.05 REPEAL 1.06 INTERPRETATION, PURPOSE, AND CONFLICT 1.07 COMPLAINTS REGARDING VIOLATION 1.08 ATTORNEY'S FEES 1.09 COST ON APPEAL 1.01 INTENT, PURPOSE, AND METHODS: Expanding urbanization within the county has created many new problems involving transportation, drainage, sewage, land use, water, schools, and recreation. Therefore, it is the objective of this Ordinance to encourage, promote, and cooperative improve the health, safety, convenience, and welfare of the citizens to plan for the future development of the county and these communities, to the end that highway systems be more carefully planned, that the county and these communities grow only with the adequate street, utilities, health, educational and recreational needs. This Zoning Districts; to the end that there may be adequate light, air, convenience of access and safety from fire, flood and other danger; regulates and limits the height, area, bulk, and floor space of structures and the area surrounding structures; provides for a more uniformly land use pattern and tax assessment base; facilitates adequate provisions that lessen congestion, disorder and danger which inhere is unregulated development; prevents overcrowding of land and undue concentration of population and provides more reasonable and serviceable means and methods of protecting and safeguarding the economic structure upon which the good of all depends SHORT TITLE: This Ordinance may be cited as the "Comprehensive Zoning Ordinance of Posey County", "Comprehensive Zoning Ordinance" VIOLATIONS AND PENALTIES Any person, firm or corporation, or anyone acting in behalf thereof, who shall violate or fail to comply with any of the provisions of this Ordinance shall be subject to prosecution by the County Prosecutor. The prosecuting attorney shall act promptly when requested. Any person, firm or corporation, or anyone acting in behalf thereof, who shall violate or fail to comply with any of the provisions of this Ordinance shall be fined not less than twenty-five dollars ($25.00) and not more than five-hundred dollars ($500.00). Each day that violation is permitted to exist shall constitute a separate offense. The Area Plan Commission attorney shall, immediately upon any such violation having been called to his/her attention, institute injunction,

11 abate or remove such violation. Such action may also be instituted by any property owner who may also be especially damaged by any violation of this Ordinance. The remedy provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law SEVERANCE CLAUSE If any Section, Clause, provision, or portion of this Ordinance shall be held invalid or unconstitutional by any Court of competent jurisdiction, such decision shall not affect any other Section, Clause, Provisions or Portion of the Ordinance REPEAL All Ordinance or parts of Ordinance in conflict are hereby repealed INTERPRETATION, PURPOSE, AND CONFLICT In interpreting and applying the provisions of this Ordinance, they shall be held to be a minimum requirement for the promotion of the health, safety, morals and general welfare of the community. It is not intended by this Ordinance to interfere with, abrogate, or annul any easements, covenants, or agreements between parties, provided, however, that where the regulations of this Ordinance are more restrictive than regulations on the same point, as contained in any other law, Ordinance or Restrictions by deed or subdivision in "R" (Residential) Districts, the provisions of this Ordinance shall govern COMPLAINTS REGARDING VIOLATION Any person may file a complaint whenever a violation of this ordinance occurs, or is alleged to have occurred. Such complaint shall be filed in writing with the Area Plan Commission and shall state fully the causes and basis of the complaint. The Area Plan Commission shall record such complaint properly, immediately investigate and take action thereon as provided by this ordinance ATTORNEY'S FEES Not withstanding anything contained in this Ordinance to the contrary or appearing to be contrary, and in addition and supplementary to other provisions of this Ordinance, if the Board of Zoning Appeals, Area Plan Commission, or the County Commissioners is required to utilize the services of the County Attorney or any other attorney in investigating a possible violation of this Ordinance or enforcing the provisions of this Ordinance pursuant to any section, before any board or court (including appeals), and such investigation results in a determination that a violation has occurred or if the Board of Zoning Appeals or County is successful in its enforcement of the Ordinance by way of suit, appeal or other appropriate proceeding, the respondent, defendant or party investigated for a violation shall pay the County's reasonable attorney fees and all cost related to the investigation of the violation and/or the enforcement of this Ordinance, unless such attorney fees or cost are specifically waived by the County Commissioners, Board of Zoning Appeals, or Area Plan Commission COST ON APPEAL As to any appeal from a decision of the Board of Zoning Appeals or Area Plan Commission, cost may not be allowed against the Board or Commission unless it appears to the court that the Board or Commission

12 acted with gross negligence or in bad faith in making the decision brought up for review.

13 Chapter 2 DEFINITIONS 2.01 GENERAL 2.02 TERMS DEFINED 2.01 GENERAL: For the purpose of this Ordinance, the following words and phrases are defined as follows: "City" shall mean the participating City or Towns; "Board" shall mean the Board of Zoning Appeals of the Posey County Area Plan Commission. Words used in the present tense include the future, the singular includes the plural and the plural the singular, and the word "Lot" includes the word "Plot". The word "Used" includes "Designed or Intended to be Used." 2.02 TERMS DEFINED: Accessory Building: A subordinate building that is located on the same lot as a principal building, or a subordinate use of land, either of which is customarily incidental to the principal building or the principal use of the land. Where an accessory building is attached to the principal building in a substantial manner as by roof, breezeway or support, such accessory building shall be counted as part of the principal building. Pole Barns, hay sheds and similar structures permitted in Agricultural Districts, even though it constitutes the sole structure on a lot. Agricultural: An area used for agricultural operations including truck gardening, forestry, the raising of crops horticulture or raising of livestock, domestic animals and poultry or the processing of farm products or similar use, but shall not include a slaughterhouse. Agricultural Building: A building or structure utilized for the conduct of farming operations and agricultural purposes, this shall not include a dwelling unit. Alley: A public right-of-way, other than a street, road, cross-walk, or easement, that provides secondary access of the abutting properties. Apartment Building: A building or combination apartment and commercial building which is used as a residence for three (3) or more families; an individual, or a group of individuals living in separate dwelling units. Apartment Complex: A single apartment or group of interrelated apartment buildings with common courts and recreational facilities. Automobile Repair, Major: General repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service,

14 including body, frame, or fender repair; overall painting. Automobile Repair, Minor: Upholstering, incidental repairs, replacement of parts, and motor service to automobiles and trucks not exceeding one and one-half (1½) tons capacity, but excluding any operation specified under "Automobile Repair, Major". Automobile Service Station: The retail sales of motor fuels and the supplying of goods and services generally required for the operation and maintenance of automobile vehicles, but excluding major automobile repair. Basement: A story of a building, the greater part of which is below the grade level. A basement in a multi-family dwelling, if not occupied for living purposes by other than the janitor and his family, shall not be included as a story for the purpose of height measurements. Bed and Breakfasts, Homestay: A small establishment, having one (1) to three (3) bedrooms for rent to transients as an activity which is subordinate and incidental to the main residential use of the building. These are generally treated as tourist homes. Block: Property enclosed by public highways, streets, streams, railroad right-of-way, etc., or a combination thereof. Block Frontage: All the property fronting on one side of the street intersection or intercepting streets, or between a street and right-of-way, and end of dead-end streets. Board of Health: The Posey County Board of Health. Boarding House: A building, not available to transients, in which meals are regularly provided for compensation for not less than three (3) persons. Building: Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals, or property. Building Area: The maximum horizontal projected area of the buildings on a lot, excluding open areas or terraces, unenclosed porches not more than one (1) story high, and architectural features that project no more than two (2) feet. Building, Detached: A building having no structural connection with another building.

15 Building Line: The line that establishes that minimum permitted distance on a lot between the front line of a building or structure and the street right-of-way. Building, Principal: A building in which is conducted the principal use of the building site on which it is situated. Business or Commercial: The engaging in the purchase, sale, barter or exchange of goods, wares, merchandise, or services; the maintenance for profit of offices or recreational and amusement enterprises. Child Care, In Home: Dwelling unit used to house and provide supervision and care for four (4) or less children, other than those children residing in the dwelling, on a daily basis. Five (5) to ten (10) children may be cared for in the home if the resident obtains a special exception and maintains continuous State Licensing. Children's Nursery: Facility other than a dwelling unit used to provide supervision and care for children on a daily basis Clinic: Establishments in which patients are admitted for medical or dental study or treatment (not lodged overnight) and in which the services of at least two (2) physicians, dentist or chiropractors (the practice of which is licensed by the State of Indiana) are provided. Club, Private: Pertains to and includes those associations and organizations of a fraternal or social character, not operated or maintained for profit, but the term shall not include casinos, night clubs, or other institutions operated as a business. Common Area: An area of open space designed for joint use of tenants or owners of adjacent property. District: For the purpose of this Ordinance, and to obtain uniform regulations and requirements or combination thereof, includes Zone and Zoning Districts. Dwelling: A building or portion thereof, used primarily as a place of abode, including one-family dwelling units, two-family dwelling units, and multiple-family dwelling units, but not including hotels, lodging, or boarding houses. Educational Institute: Public or private institution which offers instruction in any of the branches of learning and study compatible to that taught in public schools under the Indiana School Laws; including pre-primary, primary or elementary schools, junior and senior high schools, colleges or universities; not operated for profit. This definition shall not be deemed to include trade or business schools as defined in this Section.

16 Enforcing Official: The Planning Director, Zoning Administrator or other nominated officers and employees of the Area Plan Commission of Posey County. Family: Any number of people related by blood, marriage, or adoption living together as a single housekeeping unit. Floor Area: The area of all floors computed by measuring from the exterior faces of the exterior walls or from the center of party walls separating two (2) buildings. Floor Area, Minimum: The minimum allowable floor area for a specified unit. Flood Prone Area: Any area adjoining a river, stream, or lake which has been or may hereafter be covered by flood water and which are not adequately protected from flooding by means of dikes, levees, reservoirs, or other such flood control structures. (Flood areas are determined from the flood maps furnished by the Department of Housing and Urban Development, Federal Insurance Administration, and filed in the Area Plan Commission Office. Foundation (Permanent): Any structural system for transporting loads from a structure to the earth at depth below the established front line without exceeding the safe bearing capacity of the supporting soils. Front Yard: The horizontal distance from the front lot line to the nearest building wall. Garage, Private: An accessory building or portion of a main building used primarily for the parking of private passenger vehicles by the occupant of the main building. Garage, Public: A garage other than a private garage whose services are available to members of the public for a fee.

17 Height: The vertical distance from the average contact ground level of the building to the highest point of the copying of a flat roof, or to the deck line of a mansard roof, or the mean height level between eaves and ridges for gable hip or gable roof. Home Occupation: 1* An occupation, profession, or trade customarily carried on by occupants of a dwelling unit as a secondary use. The secondary use, which is clearly incidental to the principal use of the dwelling unit, means uses specifically conducted entirely within a dwelling or accessory building and carried on by an occupant thereof, and which are clearly incidental and secondary to the use of the dwelling for the dwelling purposes and does not change the character thereof. Home occupation may also include any such use approved as a special use per section 6.02 of the Posey County Zoning Ordinance Hospital: A building or institution for the reception of the sick or injured in which they are given medical or surgical care. Hotel-Motel: A building or structure that provides lodging and usually entertainment, meals, and various personal services open to the general public. Junk Yard: A parcel of land where waste, scrap metal, paper, rags or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including auto and building wrecking yards, but excluding approved sanitary landfills. Kennel: Any lot or premises on which four (4) or more dogs, cats or other domestic animals are boarded for compensation or kept for sale. Legislative Body: The Board of County Commissioners of Posey County. Lodging House: A building with more than two (2) guest rooms where lodging with or without meals is provided for compensation. Lot: A parcel of land defined by metes and bounds and recorded on the records of the Recorder of Deeds of Posey County, Indiana, or on a recorded plat or contract sales, fronting on a street. In determining lot area and boundary lines, no part thereof within the limits of the street shall be included. 1 Amendment approved by the Posey County Commissioners June 7, Book 0070, Page 456. *Amendment approved by the Posey County Commissioners January 5, 2010 Instrument #

18 Lot Coverage: The percentage of the lot area that is represented by the building area. Lot, Corner: A lot abutting upon two (2) or more streets at their intersection. For the purpose of this Ordinance, the front lot line is the shorter of any two (2) adjacent street lot lines. Mineral Extraction: (a) strip or shaft mining or quarrying or (b) removal of earth materials. Mobile Manufactured Home: A vehicle, transportable structure designed to serve as a dwelling unit when parked, or as a place of business as manufactured and larger than 500 square feet, designed to be used year-round. With or without a permanent foundation when attached to the required utilities. Being not more than sixteen (16) feet in width. The term manufactured home does not include a recreational vehicle.* Mobile Home Park: An area of land on which two (2) or more mobile homes 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 providing that accommodation. Modular or Manufactured Home: A dwelling unit fabricated in an offsite manufacturing facility for installation and assembly at the building site and having a minimum width of twenty-three (23) feet wide and placed on a completely enclosed permanent foundation, bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Code or Indiana Public Law 360, Acts of 1971, as promulgated by the Indiana Administrative Building Council. Non-Conforming Building: A building or structure or portion thereof, lawfully existing at the time a provision of this Ordinance was adopted, which was designated, erected, or structurally altered in such a manner that the building or structure does not meet the provisions of this Ordinance. Non-Conforming Use: A use lawfully existing at the time a provision of this Ordinance was adopted which does not comply with the use regulations of the district in which it is located. Off-premise Business (Storage of equipment) 2 Storage of equipment used in off-premise commercial enterprises. Storage and maintenance of vehicles, tools, inert materials, and/or mechanical, electrical, or similar equipment, hereinafter items to be stored, provided that such items to be stored are used in the applicant s commercial enterprise, and said use of the items to be stored is conducted solely off the premises upon which the special use has been applied. 2 Amendment approved by the Posey County Commissioners June 7, Book 0070, Page 456. * Amendment approved by the Posey County Commissioners April 1, Instrument

19 All such vehicles, tools, inert materials, and/or mechanical, electrical, or similar equipment shall be completely inside an appropriately constructed building, or completely inside an appropriately constructed, fully-opaque fence made in a workman-like fashion. Unless otherwise approved by the Area Plan Commission or Board of Zoning Appeals, the height, materials, design and location of the fence shall meet all requirements of the district in which the fence is located. Parking Area, Public: A permanently surfaced area for the parking of vehicles by the public as accommodation to clients or customers, whether for compensation or not. Streets or other public ways shall not be used for off-street parking requirements as may be required by this Ordinance. Public Camp Ground: Area of land used or designated to be used to accommodate two (2) or more camp sites, including cabins, tents, travel trailers, or other camping outfits, and other recreational facilities open to the general public for a fee. Recreation, Private Non-Commercial: Recreation facilities operated by a non-profit organization and open only to members. Sanitary Landfill: Land used for placing of garbage and rubbish in a specially prepared trench or its equivalent, utilizing principles of engineering to confine the refuse to the smallest practical area, and to cover it with a compacted layer of suitable cover material at the conclusion of each day and at more frequent intervals as necessary, (subject to the Indiana State Health Department requirements). Set-Back: The minimum distance between the street right-of-way line and the building or structure, excluding projections specifically permitted. Sign: A visual device or structure used for advertising, display, or publicity purposes. Story: That portion of a building included between the upper surface of any floor and the upper surface of the floor next above; also, any portion of a building used for human occupancy between the topmost floor and the roof. A basement shall not be counted as a story unless the height of the surface of the first floor above the average elevation of the finished lot grade at the front of the building exceeds four (4) feet. Street: A public way established by or maintained under public authority and established within a dedicated right-of-way to provide the principal means of access to abutting property. Structure: Anything constructed or erected, the use of which requires location on the ground, or attachment to something having a location on or in the ground.

20 Structural Change: A substantial change, or repair, excluding normal and usual repair, 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 which creates additional ground floor area. Trade or Business School: Any secretarial or business school or college, when not publicly owned or not owned or conducted by or under the sponsorship of a religious, charitable, or non-profit organization; or a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering, hair dressing, or drafting or for teaching industrial or technical arts. Travel Trailer, Camp Trailer: A vehicular, portable structure built on a chassis, designed as a temporary dwelling for travel, recreation and vacation, having a body width not exceeding eight (8) feet and body length does not exceed thirty-five (35) feet. It may be a canvas folding structure, self-propelled, or mounted on a pick-up. Use, Open: The use of a lot or tract without a building, or a use for which a building with a floor area not larger than five percent (5%) of the lot or tract area is only incidental. Yard: A space on the same lot with a principal building that is open, unoccupied, and unobstructed by buildings, or structures, from the ground to the sky, except as otherwise authorized by this Ordinance. Yard, Front: A yard extending across the full width of the lot. (See definition of Set-back ). Yard, Rear: A yard extending across the full width of the lot, the depth of which shall be the least distance between the rear lot line and the rear of the principal building. Yard, Side: A yard, between the principal building and the side lot line, extending from the front yard of front lot line where no front yard is required, to the rear yard. The width of the required side yard is measured from the nearest point of the side line to the nearest point of the principal or accessory building. Yard Barn(s)*: A structure, whether constructed on-site or off site, not exceeding two hundred (200) square feet used or intended to be used for the storage of personal items. * Amendment approved by the Posey County Commissioners April 1, Instrument

21 Chapter 3 GENERAL PROVISIONS 3.01 INTERPRETATION 3.02 SCOPE OF REGULATIONS 3.03 UNPLATTED LAND 3.04 PLATTING OF UNPLATTED LAND 3.05 REPLATTING LAND 3.06 STREET FRONTAGE REQUIRED 3.07 EXCEPTIONS TO YARD REQUIREMENTS 3.08 FENCES, WALLS, AND HEDGES 3.09 ACCESSORY USES AND STRUCTURES 3.10 EXCEPTION FROM HEIGHT REQUIREMENTS 3.11 COMMERCIAL USES IN CONJUNCTION WITH MOTELS, HOTELS, OR OFFICE BUILDINGS 3.12 TRANSITIONAL USE 3.13 AIR SPACE CONTROL 3.14 EXEMPTION OF AGRICULTURAL USES 3.01 INTERPRETATION: 1. Wherever the provisions of any other statute, local ordinance, or any other law, impose more stringent requirements, regulations, restrictions, or limitations than are required in this Ordinance, the provisions of such statute, local ordinance or any other law shall govern. 2. This Ordinance is not intended to abrogate any easement, covenant, or any private agreement, provided that where the regulations of this Ordinance are more restrictive or impose higher standards of requirements than such easements, covenants or other private agreements, the requirements of this Ordinance shall govern SCOPE OF REGULATIONS: No building or land shall hereafter be used and no building or part thereof shall be erected, moved or altered, except in conformity with regulations of this Ordinance UNPLATTED LAND: 1. No permit shall be issued to any person, firm or corporation to erect, have constructed, or cause to be erected or constructed, any building or structure on any unplatted land within Posey County. 2. A permit may be issued for one (1) single family dwelling and accessory buildings on such

22 unplatted land established by metes and bounds. However, a request for a permit upon any other area or parcel of the original tract upon which said permit has been issued shall be considered a subdivision and shall be governed by the subdivision control ordinance PLATTING OF UNPLATTED LAND: See Subdivision Control Ordinance for Posey County 3.05 REPLATTED LAND: No lot improved with a building or buildings shall be divided into two (2) or more lots, and no portion of any lot which is improved with a building or buildings shall be sold, unless all lots resulting from such division conforms to all regulations of the zoning district in which the property is located STREET FRONTAGE REQUIRED: No lot shall contain any building or structure unless such lot abuts on a street or dedicated right-of-way EXCEPTIONS TO YARD REQUIREMENTS: Yards apply to only one building. 1.No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this Ordinance shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space or lot be considered as providing a yard or open space for another lot whereon a building is to be erected. 2. Projections into yards: a. No cornice, eaves belt course, sill, canopy, or other similar architectural feature, (not including bay window or other vertical projection which shall be part of the main building) may extend or project into a required side yard more than two (2) inches for each one (1) foot of width of such side yard or may extend or project into a required front or rear yard more than thirty (30) inches. Chimneys or fireplaces may not project into a required front, side or rear yard more than two (2) feet, provided the width of such side yard is not reduced to less than three (3) feet. b. A fire escape may not extend or project into any required front, side or rear yard more than four (4) feet. c. An open, unenclosed stairway or balcony, not covered by a roof or canopy, may not extend or project into a required rear yard more than four (4) feet and such balcony may not extend into a required front yard more than thirty (30) inches. d. Open Porch: An open platform or landing which does not extend above the level of the first floor of the building, may not extend or project into any required side or rear yard more than five (5) feet, provided that the width of a side yard is not reduced to less than three (3) feet. e. Other Specified Structures: Walks, driveways, curbs, retaining walls mailboxes, nameplates,

23 lamp posts, bird baths, fences and structures of a like nature shall be permitted in any required yard. f. Front Yard: 1. If there are buildings on both abutting lots and are within one hundred (100) feet of the intervening lot and the buildings have front yards of less than the required depth for the zone, the depth of the front yard for the intervening lot need not exceed the average depth of the front yards of the abutting lots. 2. If there is a building on one abutting lot which is within one hundred (100) feet of the lot, and the building has a front yard of less than the required depth for the zone, the front yard for the lot need not extend a depth halfway between the depth of the front yard of the abutting lot and the required front yard FENCES, WALLS, AND HEDGES: 1. Fences, walls, and hedges not to exceed six (6) feet in height, may be permitted in any required yard, or along any property line, provided that no fence, wall or hedge shall be permitted in a required front yard which exceeds three (3) feet in height. Provided, however, that nothing contained in this Ordinance shall be deemed to prohibit the construction or maintenance of a fence of any height in connection with any permitted agricultural use. 2. Trees, shrubs, flowers or plants shall be permitted in any required yard, provided, it does not violate the corner setback as required in this Section. Corner Visibility: No fence, wall, hedge or other planting or other obstruction to vision extending in excess of three (3) feet above the established street center-line grade shall be erected or maintained on that part of the corner lot that is included between the lines of intersecting streets and a line intersecting them at points of twenty-five (25) feet distance from the intersection of the street line ACCESSORY USES AND STRUCTURES: The following regulations shall apply: 1. In all residential districts, no accessory buildings or structures shall be located in a required front yard. 2. In all residential districts, accessory building or structures in a rear or side yard shall be located a minimum of 10 feet from any side or rear property line. 3. No accessory building or structure shall be constructed on any lot prior to the time of Construction

24 of any principle building to which it is accessory. - [4 Deleted from Ordinance July 21, Book 0067, Page 480.]. 4. Private swimming pool walls shall not be located closer than six (6) feet from a side or rear property line, nor shall a private swimming pool be located in a required front yard EXCEPTION FROM HEIGHT REQUIREMENTS: Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain a building, fire or parapet walls, skylights, television aerials, electrical transmission and communication poles and towers, theater screens, steeples, roof signs, flagpoles, chimneys, smokestacks, wireless masts, water tanks, grain elevators, silos, gas containers, industrial installation requiring vertical production procedures such as flour mills, steel mills and refineries, or similar structures may be erected above the height limits herein prescribed, but no such structure or any space above the height limit shall be allowed for the purpose of providing additional floor space for residential, business or industrial use COMMERCIAL USES IN CONJUNCTION WITH MOTELS, HOTELS, OR OFFICE BUILDINGS: In all R-3 and R-0 Districts, newsstands, coffee shops, restaurants, bars, valet service, barber or beauty shops or similar convenience establishments, may be operated in conjunction with a motel, hotel, motor hotel or apartment hotel containing fifty (50) or more rental units or apartment complex containing one hundred (100) or more living units; the above mentioned uses, with the exception of bars, may be operated in conjunction with office buildings containing at least twenty thousand (20,000) square feet devoted to and maintained for office space. 1. Permitted Commercial Uses Subject to the following: a. Access: Access shall be from the lobby or other interior portion of the building. b. Signs: No signs or window displays shall be permitted as accessory uses, unless approved by the Board of Zoning Appeals as a Conditional Use TRANSITIONAL USE: In any "R" Residential District, a transitional use shall be permitted on a lot adjacent to, or when separated by an alley from any Commercial or Industrial District. Transitional Use permitted in an "R-1" District shall be any use permitted in an "R-2" District. Transitional use permitted in an "R-2" District shall be any use permitted in an "R-3" District. Transitional use permitted in an "R-3" District shall be any use permitted in an "R-0" District. Any transitional use shall comply with all requirements as to height, lot size, yards, lot coverage, etc., for the district in which it is first listed as a permitted use. Such transitional uses shall not extend more than one hundred fifty (150) feet into any "R" District AIR SPACE CONTROL: In order to protect the occupants of land in the vicinity of an airport or proposed airport, and to

25 maintain the utility of such facilities, certain areas may be established as air space control areas upon the Zoning Maps. Within these areas all structures or buildings are subject to FAA (Federal Aviation Administration) requirements and shall have approval prior to the issuance of an Improvement Location Permit EXEMPTION OF AGRICULTURAL USES: Nothing contained in these regulations shall impose restrictions with respect to land used or to be used for agricultural purposes, or with respect to the erection, maintenance, repair, alteration, remodeling or extension of buildings or structures which are to be used for agricultural purposes upon such land, except that such buildings or structures for agricultural purposes shall conform to building set back lines.

26 Chapter 4 CONTINUANCE OF NONCONFORMING STRUCTURE OR USES 4.01 NONCONFORMING STRUCTURES 4.02 NONCONFORMING USES 4.03 DISCONTINUED NONCONFORMING USE 4.04 DESTRUCTION OF NON-CONFORMING STRUCTURE: 4.05 NONCONFORMING VARIANCE PERMITTED BY BOARD OF ZONING APPEALS 4.06 NONCONFORMING MOBILE HOME COURT 4.01 NONCONFORMING STRUCTURES: 1. Maintenance Permitted: A non-conforming structure lawfully existing prior to the effective date of this Ordinance may be maintained, except as otherwise provided in this Section. 2. Repairs: A non-conforming structure may be repaired or altered, provided no structural change shall be made. 3. Additions, Enlargements or Moving: a. A non-conforming structure as to height, yard requirements, or lot area per dwelling unit shall not be added to or enlarged in any manner unless such structure, including such addition or enlargement is made to conform to the use, height, yard, and area requirements of the district in which it is located. b. No non-conforming structure shall be moved in whole or in part to any other location on the lot on which it is located unless every portion of such structure is made to conform to all requirements of the district in which it is located NONCONFORMING USES: 1. Continuation and Change of Use - Except as otherwise provided in this Ordinance. a. A non-conforming use lawfully existing prior to the effective date of this Ordinance, may be continued. b. A non-conforming use may be changed only to a use of the same or more restricted classification. 2. Expansion Prohibited: a. A non-conforming use in a structure designed for a non-conforming use shall not be expanded or extended into any other portion of such conforming structure nor changed except to a conforming use. b. A non-conforming use on a part of a lot shall not be expanded or extended into any other

27 portion of such lot DISCONTINUED NONCONFORMING USE: Whenever a non-conforming use has been discontinued for a period of one (1) year, such use shall not be re-established and the use thereafter shall conform to the requirements of the District in which it is located DESTRUCTION OF NON-CONFORMING STRUCTURE: No building or structure which has been damaged by fire, explosion, or act of God, to the extent of fifty percent (50%) or more of its assessed valuation, shall be restored, repaired or rebuilt except to conform to the requirements of the District in which it is located NONCONFORMING VARIANCE PERMITTED BY BOARD OF ZONING APPEALS: The Board of Zoning Appeals may authorize, upon appeal, in specified cases, such variance from the terms of this Section, as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this Section will result in unnecessary hardship, and so that the spirit of this Section shall be observed and substantial justice done; provided, however, that no action shall be taken or decision made except after public hearing NONCONFORMING MOBILE HOME COURT: Any mobile home court which existed upon the effective date of this Ordinance, and which is located in a district which permits a mobile home court either as a permitted use or special use shall be regarded as a conforming use, and may be continued, except that any change in layout, expansion, or extension shall be subject to all provisions of Chapter 10 of this Ordinance. Chapter 5 0 /

28 KINDS OF DISTRICTS: ESTABLISHMENT 5.01 POSEY COUNTY IS HEREBY DIVIDED INTO THE FOLLOWING DISTRICTS: 5.02 ZONING MAPS 5.03 BOUNDARIES OF DISTRICTS 5.04 FLOOD PRONE AREA DISTRICTS 5.05 AGRICULTURAL DISTRICT AMENDMENT 5.01 POSEY COUNTY IS HEREBY DIVIDED INTO THE FOLLOWING DISTRICTS: 1. Agricultural Districts, designated "A" are established to include substantial areas where little or no urbanization has occurred and which is not expected to develop in intensive urban uses within the near future. It is the intent of this District to allow agriculture uses and to protect these areas from the encroachment of scattered urban type uses that may inhibit their operations. 2. Flood Prone Area Districts, designated "FP", are established by the Department of Housing and Urban Development, Federal Insurance Administration to include areas that are within the flood plain of rivers and creeks and thus subject to inundation. 3. Residential Districts, designated "R-1", are established to include areas for low density single-family dwelling units. 4. Residential Districts, designated "R-2", are established to include areas for medium density, single, and two-family dwelling units. 5. Residential Districts, designated "R-3", are established to include areas for relatively high density, single, two-family and multiple-family dwelling units. 6. Residential Districts, designated "PUD", are established to include areas for high density development of dwelling units and related activities. 7. Mobile Home Districts, designated "RMH", are established to include areas for mobile home parks and to insure compatibility with the surrounding areas. 8. Residential Office Districts, designated "R-0", are established to include areas that are close to high density or commercial areas and appropriate to meeting professional office needs of the community. 9. Neighborhood Commercial Districts, designated "B-1", are established to include and appropriate to meeting neighborhood shopping and service needs. 10. Planned Shopping Center Districts, designated "B-1A", are established to provide retail shopping facilities in areas where no clear pattern of business now exists. 11. Central Business Districts, designated "B-2", are established to include areas that are near

29 Residential areas and appropriate for meeting their needs. 12. General Commercial Districts, designated "B-3", are established to include areas that are appropriate to all types of commercial business and services. 13. Industrial Districts, designated "M-1", are established to include areas for light industrial uses that are compatible with the surrounding areas, and are intended for limited manufacturing, warehousing and storage. 14. Industrial Districts, designated "M-2", are established to include areas for heavy industrial uses that are compatible with the surrounding areas, and intended for unlimited manufacturing and storage uses DISTRICT ZONING MAPS: The designations of the boundaries of said districts are shown upon the maps hereto attached and made a part of this Ordinance, and are hereby established and the land within Posey County is hereby classified, divided, and zoned into districts as designated on said maps, said maps being designated as the Comprehensive Zoning Atlas. Said maps and the proper notations, references and other information shown thereon, shall be as much a part of this Ordinance, as if the matters and information set forth on said maps were fully described herein BOUNDARIES OF DISTRICTS: 1. District boundaries of all unincorporated areas of Posey County are street or road lines, boundary lines of recorded plats, section lines, quarter (1/4) or quarter quarter (1/4 1/4) lines, unless otherwise noted. 2. When the exact boundaries of a district are uncertain, they shall be determined and interpreted by the Board of Zoning Appeals. 3. The boundaries of the districts established in Section 5.02 and as shown on the Comprehensive Zoning Atlas, may be changed only by amending this Ordinance. 4. When any right-of-way is vacated, the districts adjoining each side are respectively extended to the center of the area so vacated. 5. Where the boundary line of a district divides a lot having frontage on a street or road so that the front part of the lot lies in one district and part of the lot in another district, that district which applies to the larger part of the lot applies to the entire lot FLOOD PRONE AREA DISTRICT AMENDMENT: The boundary of an "FP" District may be changed on application for petitions under Chapter (1), (2) of this Ordinance, provided: