Franklin County Zoning Ordinance Adopted by:

Transcription

1 FRANKLIN COUNTY ZONING ORDINANCE i

2 Franklin County Zoning Ordinance Adopted by: Franklin County Plan Commission January 1, 2009 Franklin County Commissioners January 1, 2009 ii

3 FRANKLIN COUNTY ZONING ORDINANCE FRANKLIN COUNTY PLAN COMMISSION MEMBERS FRANKLIN COUNTY PLAN COMMISSION STAFF iii

4 BOARD OF COMMISSIONERS OF FRANKLIN COUNTY, INDIANA WHEREAS the Area Plan Commission of Franklin County prepared amendments to the Franklin County Zoning Ordinance. Said Amendments to the Franklin County Zoning Ordinance were set for public hearing on, and, pursuant to I.C. Section At the second public hearing on, the Franklin County Area Plan Commission unanimously approved the amendments to the Franklin County Zoning Ordinance and certified the approval of said amendments to the Franklin County Commissioners pursuant to I.C ; and WHEREAS the Board of Commissioners of Franklin County, Indiana, held a public hearing on to hear public comment regarding the proposed amendments to the Franklin County Zoning Ordinance and said Board of Commissioners adopted the amendments to the Franklin County Zoning Ordinance on, all pursuant to I.C ; and NOW THEREFORE, the Board of Commissioners of Franklin County, Indiana, confirms the adoption of the amendments to the Franklin County Zoning Ordinance, which Franklin County Zoning Ordinance is attached hereto, stands as passed as of, which is the date of approval by the Franklin County Board of Commissioners, and the Franklin County Board of Commissioners confirms that the amended Franklin County Zoning Ordinance, attached hereto, shall take effect on iv

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6 Amendments In accordance with the Franklin County Zoning Ordinance, text amendments can be made by the Legislative Unit, upon recommendation of the Plan Commission. This table is provided to indicate the specific amendments that have been approved after their adoption. Date Approved by County Commissioners Article # and Section # Description of Amendment vi

7 ZONING ORDINANCE Article 1 Purpose and Authority Section 100 Section 110 Section 120 Section 130 Section 140 Section 150 Title Purpose Provisions of Order Declared to be Minimum Requirements Severability Clause Repeal of Conflicting Ordinances and Effective Date Jurisdiction Article 2 Area Plan Commission Section 200 Section 210 Area Plan Commission Duties of Planning Director Article 3 Area Board of Zoning Appeals Section 300 Section 305 Section 310 Section 315 Section 320 Section 325 Section 330 Section 335 Section 340 Section 345 Section 350 Section 355 Board of Zoning Appeals Appeals Stay of Proceedings Conditional Use Requirements Dimensional Variance Requirements Conditions and Safeguards Action by Board of Zoning Appeals Contents of Application Specific Standards Applicable to Conditional Uses Procedures for Hearing Notice Expiration of Permit Official Record and Certificate of Land Use Restriction Article 4 Pre-Existing Non conforming Uses Section 400 Section 410 Section 420 Section 430 Section 440 Section 450 Section 460 Pre-existing Nonconforming Lots, Uses and Structures Nonconforming Parcels or Subdivisions Nonconforming Structures Change of Nonconforming Use Burden of Establishing Status Avoidance of Undue Hardship Agricultural Exceptions Article 5 Zoning Map and Text Amendment Section 500 Section 510 Section 520 General Initiation of Zoning Text and Map Amendments Contents of Application for Zoning Map Amendment vii

8 Section 530 Section 540 Section 550 Section 560 Section 570 Section 580 Public Hearing Procedure Findings Necessary for Map Amendment Written Commitments Official Record and Certificate of Land Use Restriction Effect of Approval of Amendment Amendment to the Comprehensive Land Use Plan Article 6 Permitting, Enforcement and Fees Section 600 Section 605 Section 620 Section 625 Section 630 Section 635 Section 640 Section 645 Section 650 Section 655 Section 660 Zoning Permits Required Requirements of Zoning Permit Application Failure to Obtain Zoning Permits and Certificates of Occupancy Construction and use to be as Provided in Approved Zoning Permit Complaints Regarding Violations Inspections of Property, Right of Entry Procedures and Violations Pending Violations Penalties for Violations Compliance with Regulations Schedule of Fees, Charges and Expenses Article 7 Provisions for the Official Zoning Map Section 700 Section 710 Section 720 Section 730 Section 740 Zoning Map Identification of the Official Zoning Map Designation of Zoning Districts Interpretation of District Boundaries Zoning District Declared Invalid Article 8 Flood Plain Regulations Section 800 Section 810 Section 820 Section 830 Section 840 Section 850 Section 860 Statutory Authorization, Findings of Fact, Purpose and Objectives General Provisions Administration Provisions for Flood Hazard Reduction Variance Procedures Severability Definitions Article 9 Agricultural (A) Districts Section 900 Section 905 Section 910 Section 915 Section 920 Section 925 Agricultural (A) District Intent A-1 Principally Permitted Uses Uses Not Permitted in the A-1 District Creation of A-2 Zoning Classification A-2 Principally Permitted Uses Permanent Special Exceptions in A-1 and A-2 Districts viii

9 Section 935 Building Permits and Lot Size in A-1 and A-2 Section 940 Size and Distance Regulations in A-1 and A-2 Section 945 Accessory Uses Section 950 Requirements for Single Wide Manufactured Homes Article 10 Residential (R) Districts Section 1000 Section 1005 Section 1010 Section 1015 Section 1020 Section 1025 Section 1030 Section 1035 Section 1040 Section 1045 Section 1050 Section 1055 Section 1060 Residential ( R ) District Intent R-1 Principally Permitted Uses R-1 Permitted Exceptions R-1 Conditional Uses and Criteria R-2 Principally Permitted Uses R-2 Permitted Exceptions R-2 Conditional Uses R-3 Principally Permitted Uses R-3 Conditional Uses R-4 Principally Permitted Uses R-4 Permitted Exceptions Prior Residential Zoning Districts Size and Distance Regulation Article 11 Business (B) Districts Section 1100 Business District Intent Section 1105 B-1 Principally Permitted Uses Section 1110 B-1 Accessory Uses Section 1115 B-1 Conditional Uses and Criteria Section 1120 B-1 Permitted Permanent Special Exceptions Section 1125 B-2 Principally Permitted Uses Section 1130 B-2 Accessory Uses Section 1135 B-2 Conditional Uses and Criteria Section 1140 B-2 Permanent Special Exceptions Section 1145 B-3 Principally Permitted Uses Section 1150 B-3 Permanent Special Exceptions Section 1155 Size and Distance Regulation B-1, B-2, and B-3 Section 1160 Accessory Uses B-1, B-2, and B-3 Article 12 Industrial (I) Districts Section 1200 Section 1202 Section 1204 Section 1206 Section 1208 Section 1210 Section 1212 Industrial Districts Intent I-1 Light Industrial District Intent (I-1) Permitted Principal Uses, I-1 Light Industrial District Permitted Exceptions, I-1 Light Industrial District Performance Standards, I-1 Light Industrial District Development Requirements, I-1 Light Industrial District Prohibited Uses, I-1 Light Industrial District ix

10 Section 1214 Section 1216 Section 1218 Section 1220 Section 1222 Section 1224 Section 1226 Section 1228 Size and Distance Regulations, I-1 Light Industrial District I-2 Heavy Industrial District Intent (I-2) Permitted Principal Uses, I-2 Heavy Industrial District Permitted Exceptions, I-2 Heavy Industrial District Performance Standards, I-2 Heavy Industrial District Development Requirements, I-2 Heavy Industrial District Prohibited Uses, I-2 Heavy Industrial District Size and Distance Regulations, I-2 Heavy Industrial District Article 13 Article 14 Intentionally Left Blank for Future Expansion Sexually Oriented Businesses Section 1400 Section 1405 Section 1410 Section 1415 Section 1420 Section 1425 Purpose and Intent Definitions Regulations for Sexually Oriented Businesses Measurement of Distance Location of Sexually Oriented Businesses Regulations Governing Existing Sexually Oriented Businesses Article 15 Wireless Telecommunications Facilities Section 1500 Section 1502 Section 1504 Section 1506 Section 1508 Section 1510 Section 1512 Section 1514 Purpose and Intent Definitions Permitted Uses Exemptions Conditions of Approval General Requirements Co-Location Review Performance / Construction Standards Article 16 Planned Unit Developments (PUD) Section 1600 Section 1605 Section 1610 Section 1615 Section 1620 Section 1625 Section 1630 Section 1635 Section 1640 Section 1645 Section 1650 Intent Conflicting Provisions Permitted Uses Density Minimum Size Planned Unit Development Standards Pre-Application Meeting Public Hearing Procedure Change of Approved Concept Development Plan Subdivision and Site Plan Approvals Designation on Zoning Map x

11 Article 17 Plot Plan Review Section 1700 Section 1705 Section 1710 Section 1715 Section 1720 Section 1725 Section 1735 Intent Authority Procedure Application and Approval Plot Plan Requirements Expiration, Extension, and Completion of Approval Period Changes or Amendments Article 18 Animal Waste Control Section 1810 Section 1820 Section 1830 Section 1840 Section 1850 Section 1860 Statement of Purpose Definitions Application Restrictions Location Restriction Variances Penalty Article 19 Kennels Section 1910 Section 1920 Section 1930 Section 1940 Definition Prohibited Districts Permitted Districts Location Article 20 Signs Section 2000 Section 2005 Section 2010 Section 2015 Section 2020 Section 2025 Section 2030 Section 2035 Section 2040 Section 2045 Section 2050 Section 2055 Section 2060 Section 2065 Section 2070 Section 2075 Intent Government Signs Excluded Sign Permits Signs Not Requiring a Permit General Requirements for All Signs and Districts Measurement of Sign Area General Sign Setback Requirements Signs Prohibited in All Districts Entrance Signs Requiring a Permit Directional Signs Requiring a Permit Agricultural Districts and Residential Districts Business Districts Industrial Districts Planned Unit Developments Off-Premise Signs Temporary Advertising Permits xi

12 Section 2080 Section 2085 Electronically Changeable Message Boards Violations Article 21 Off-Street Parking and Loading Section 2100 Section 2105 Section 2110 Section 2115 Section 2120 Section 2125 Section 2130 Section 2135 Section 2140 Section 2145 Section 2150 Section 2155 Section 2160 Section 2165 Section 2170 Section 2175 Section 2180 Section 2185 Section 2190 Intent General Requirements Parking Space Dimensions Loading Space Requirement and Dimensions Striping and Signage Handicap Parking Requirements Paving Drainage Lighting Location of Parking Spaces Screening and Landscaping Disabled Vehicles Joint Use Curbs and Wheel Blocks Access Points Internal Driveways Traffic Control and Circulation Plan Required Parking Spaces General Interpretations Article 22 Landscaping, Screening, Buffering, and Fencing Section 2200 Section 2205 Section 2210 Section 2215 Section 2220 Section 2225 Section 2230 Section 2235 Section 2240 Section 2245 Section 2250 Section 2255 Section 2260 Section 2265 Section 2270 Section 2275 Intent Required Landscape Review General Requirements Waiver of Requirements Enforcement Sight Triangles Plant Types Berming Landscaping Along Street Frontages Interior Landscaping for Vehicular Use Areas (VUA) Building Landscaping Loading, Storage, Utility & Trash Collection Areas Buffer yards Required Buffer yards Buffer yard Types Fences xii

13 Article 23 Site Plan Review Section 2300 Section 2305 Section 2310 Section 2315 Section 2320 Section 2325 Section 2330 Section 2335 Intent Authority Procedure Application and Approval Site Plan Requirements Expiration and Extension of Approved Period Completion of Site Plan Construction Work and Requirements Changes or Amendments Article 24 Transportation Management Section 2400 Section 2402 Section 2404 Section 2406 Section 2408 Section 2410 Section 2412 Section 2414 Section 2416 Section 2418 Section 2420 Section 2422 Section 2424 Section 2426 Section 2428 Section 2430 Section 2432 Section 2434 Section 2436 Section 2438 Section 2440 Section 2442 Section 2444 Section 2446 Section 2448 Intent Provision for Pedestrian Network Functional Roadway Classification Minimum Spacing of Driveways Minimum Corner Clearance of Driveways from Intersecting Streets Minimum Sight Distances Sight Triangle Provisions for Maintaining the Level of Service of the Roadway Number and Location of Access Points Coordination of Access Points Change in Property Use Existing Access Temporary Access Points Restriction of Turning Movements Construction Access Points Driveway Design Driveway Grades Vehicle Storage/Circulation Spacing Restrictions for Signalized Access Points Provision of Exclusive Turning Lanes and Deceleration Lanes Provision of Frontage Roads Approval of Access Points Along State-Maintained Routes Approval of Access Points Waiver of Requirements Traffic Studies Article 25 General Requirements Section 2500 Section 2502 Section 2504 Section 2506 Section 2508 Intent Dimensional Table for all Zoning Districts Exceptions to Height Regulations Lot Frontage Requirements Setback Requirements for Corner Lots xiii

14 Section 2510 Section 2512 Section 2514 Section 2516 Section 2518 Section 2520 Section 2522 Section 2524 Section 2526 Section 2528 Section 2530 Section 2532 Section 2534 Section 2536 Section 2538 Section 2540 Section 2542 Section 2544 Section 2546 Building/s Located on Multiple Lots Dedicated Right-of-Way Exemptions for Agricultural Purposes Septic System Requirements Underground Gas Line Requirements Smoke Home Owner Association Required Trash Areas Public Right-of-Way Temporary Buildings Pond and Lake Requirements Parking and Storage of Certain Vehicles Temporary Uses of Land or Structures Water Supply and Sewage Disposal Outside Storage Exempt Uses Survey Completion Requirements A-2 Required Buffer Strip All Season Emergency Access to Dwelling Sites Article 26 Uniform Numbering System (911) Section 2600 Section 2605 Section 2610 Section 2615 Section 2620 Section 2625 Section 2630 Section 2635 Section 2640 Intent Administration System of Numbering Private Lanes Display of Address Re-numbering Notification of Local Agencies Violation Enforcement Article 27 Definitions xiv

15 ARTICLE 1 PURPOSE AND AUTHORITY SECTION Title This ordinance, and supplements or amendments thereto, shall be known, and may be cited hereafter, as the Franklin County Zoning Ordinance. SECTION 110 Purpose This ordinance, and supplements or amendments thereto, establishes a Zoning Ordinance for Franklin County, Indiana and provides for the administration, enforcement, and amendment thereof in accordance with the provisions of I.C et seq.; and for the repeal of all ordinances in conflict herewith. SECTION 120 Provisions of Order Declared to be Minimum Requirements The regulations established by this ordinance are the minimum requirements for the promotion of the public health, safety, comfort, morals, convenience, and general public welfare. Whenever the requirements of this ordinance are at variance with any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive or that imposing the higher standards shall govern. SECTION Severability Clause If for any reason any article, division, section, subsection, sentence, clause, phrase, or word of this ordinance should be declared unconstitutional or invalid for any reason whatsoever, such decision shall not affect the remaining portions of this ordinance which shall remain in full force and effect; therefore, the provisions of this ordinance are hereby declared severable. SECTION Repeal of Conflicting Ordinances and Effective Date All ordinances or parts of ordinances in conflict with this ordinance, or inconsistent with the provisions of this ordinance, are hereby repealed to the extent necessary to give this ordinance full force and effect. This ordinance shall become effective from and after the date of its approval and adoption as provided by law. After the effective date of this ordinance, existing legal land uses not in agreement with this zoning order become pre-existing and non-conforming. Applications submitted after the effective date of this ordinance shall be reviewed under the rules and procedures contained herein. SECTION 150 Jurisdiction This Ordinance shall apply to all unincorporated land within Franklin County, Indiana. 15

16 ARTICLE 2 AREA PLAN COMMISSION SECTION 200 Area Plan Commission (1) In accordance with the provisions of Indiana Code Sections et seq., the Franklin County Plan Commission shall consist of nine (9) members who shall be appointed and serve in accordance with the above statutory authority. All citizen members shall serve four (4) year terms and all required members shall be appointed for one-year terms. (2) Duties of Plan Commission - The Plan Commission shall establish the procedures and responsibilities for the administration and enforcement of this Ordinance in accordance with this paragraph s provisions and State legislation. For the purposes of this ordinance the Plan Commission shall have the following duties: a. Make recommendation to the County Commissioners concerning the adoption of or initiate amendments to the Comprehensive Plan, Zoning and Subdivision Ordinance, and Official Zoning Map. b. Review and make findings on development plans for subdivisions, commercial structures, industrial structures, planned unit developments, and other similar plans for all proposed developments within the Commission's jurisdiction. c. Administer the Subdivision Regulations as outlined in the Subdivision Ordinance. d. Establish a schedule of fees, charges, and expenses. e. Review recommendation of Planning Director for new uses or uses not specifically identified in this Ordinance to determine which existing zoning district the use is permitted in based on similar uses permitted within the district and the intent of the zoning district. The determination of the Plan Commission shall not constitute a text amendment as describe in Article 5 of this Ordinance. (3) Rules of Procedure - The Plan Commission shall adopt rules for the administration of the affairs of the Plan Commission and for the conducting of public hearings, recording of minutes, and for the retaining and administration of public records. The following include minimum procedures: a. At the first meeting of each year the Commission shall elect a President and a Vice-President from its members. b. Appoint a Secretary, who is not required to be a member of the Commission, and establish the Secretary s duties. c. All meetings shall be open to the public. d. The Commission shall keep minutes of its proceedings showing the vote of each 16

17 member for each question, or if absent, or failing to vote. e. The Commission shall also keep records of its examinations and other official actions, all of which shall be of public record, and be immediately filed in the office of the Plan Commission. (4) Conflict of Interest - A member of the Plan Commission may not participate in a hearing or decision of the board concerning a zoning matter in which he has a direct or indirect financial interest. The Commission shall enter in its records the fact that a regular member has such a disqualification and the name of the alternative member, if any, who participates in the hearing or decision. The Board of County Commissioners shall appoint any participating alternate member. (5) Findings and Decisions - All decisions of the Board on all matters within their jurisdiction and authority shall be in writing, supported by specific findings of fact on each material element pertaining to the matter under consideration. (6) Quorum - A majority of members of the Plan Commission shall constitute a quorum, which shall mean a minimum of five (5) members. The action of the Plan Commission is not official unless it is authorized by a majority of the entire membership, which shall mean a minimum of five (5) votes from the members present at the properly called meeting. SECTION 210 Duties of Planning Director The provision of this ordinance shall be administered and enforced by the Planning Director. The Director may designate other Staff within the Department to assist. The Director shall have authority on all matters of administration and enforcement subject to the guidance of the Franklin County Commissioners. For the purpose of this order, the Director shall have the following duties: 1. Perform the administrative duties of the department, including hiring, termination of employment, supervision of all department staff and contractual employees, reviewing performance, establishing compensation, and preparing and administering the department budget; 2. Upon finding that any of the provisions of this order are being violated, the Planning Director shall notify, in writing, the person responsible for such violation(s), and make recommendations of the action(s) necessary to correct such violation; 3. Determine the classification of a use of land, buildings, or structures as a permitted, accessory, or conditional use in a specific zoning district, as well as determine the applicability and substance of development performance standards, based on interpretation of the stated and implied requirements of the zoning regulations. Make recommendations to the Plan Commission for new uses, or uses not specifically identified in this Ordinance, and to determine in which existing zoning district the use is permitted based on similar uses permitted within the district and the intent of the zoning district; 4. Take any other action authorized by this order or ordinance to ensure compliance with or 17

18 to prevent violation(s) of these regulations; 5. Provide an interpretation of the Zoning Ordinance and Zoning Maps, Comprehensive Plan, Subdivision Ordinance or any other properly enacted ordinance or plan; 6. Review all development applications per Ordinance and all applications for public hearings for the Board of Zoning Appeals and Plan Commission per Ordinance; 7. Delegate any portion or portions of his duties to Staff of the Planning and Zoning Department. Duties may include, but are not limited to: site inspections regarding complaints of violations of this order; site inspections of developments for compliance with plans approved under this order; issuance of Notice of Violations citations; review of development plans for compliance with the rules, regulations and standards of this order; and any other duties necessary to delegate in order to effectively operate the Planning and Zoning Department. 18

19 ARTICLE 3 AREA BOARD OF ZONING APPEALS SECTION Board of Zoning Appeals The Franklin County Board of Zoning Appeals shall consist of five (5) members who shall be appointed and serve in accordance with Indiana Code Sections et seq. (1) All members shall serve four (4) year terms and shall be appointed in accordance with the provisions of the Indiana Code. Any vacancy of membership shall be replaced by an appointment to fill the unexpired term of the departing member and the appointment does not establish a new term of four years. A member is eligible for reappointment to a new term. (2) Powers and Duties - For the purpose of this order the Franklin County Board of Zoning Appeals shall have the following duties: a. To hear and to determine appeals from and review any decision or determination made by the Planning Director or staff designated by the Director; b. To hear and to determine ordinance permitted exceptions; special uses; contingent uses; conditional uses; interpretation of any zoning map or district; interpretation of the ordinance, the definition of any term under the ordinance, the application of the ordinance to any use existing prior to the adoption of this or any previous ordinance; and whether any use is a nonconforming or preexisting use; c. To authorize variances from developmental and dimensional standards established in this zoning ordinance. d. The Board may impose reasonable conditions as part of its approval. (3) Rules of Procedure - The Board of Zoning Appeals shall adopt rules for the administration of the affairs of the Board and for the conducting of public hearings, recording of minutes, and the retaining and administration of public records. The following include minimum procedures: a. At the first meeting of each year the Board shall elect a President and a Vice- President from its members. b. Appoint a Secretary, who is not required to be a member of the board, and establish the Secretary s duties. c. All meetings shall be open to the public. d. The Board shall keep minutes of its proceedings showing the vote of each member for each question, or if absent, or if failing to vote. e. The board shall keep records of its examinations and other official actions, all of 19

20 which shall be of public record and be immediately filed in the office of the Plan Commission. (4) Conflict of Interest - A member of the Board of Zoning Appeals may not participate in a hearing or decision of the board concerning a zoning matter in which he has a direct or indirect financial interest. The Board shall enter in its records the fact that a regular member has such a disqualification and the name of the alternative member, if any, who participates in the hearing or decision. The Board of County Commissioners shall appoint any participating alternate member. (5) Findings and Decisions - All decisions of the Board on all matters within their jurisdiction and authority shall be in writing and be supported by specific findings of fact on each material element pertaining to the matter under consideration. (6) Quorum - A majority of members of the Board shall constitute a quorum, which shall mean a minimum of three (3) members. The action of the Board of Zoning Appeals is not official, unless it is authorized by a majority of the entire membership, which shall mean a minimum of three (3) votes from the members present at the properly called meeting. SECTION 305 Appeals Appeal to the Board of Zoning Appeals may be taken by any person or entity claiming to be injuriously affected or aggrieved by an official action, order, requirement, interpretation, grant, refusal, or decision of the Planning Director or designated staff. Such appeal shall be made within thirty (30) days of written receipt of the decision by filing with the Plan Commission office an application for a notice of appeal specifying the grounds upon which the appeal is being sought. Public notice of such appeal shall be given to any and all parties of record at least ten (10) days prior to the public hearing. The Planning Director shall transmit to the Board of Zoning Appeals all the papers constituting the record from which the action appealed from was taken. SECTION 310 Stay of Proceedings An appeal stays all proceedings in furtherance of the action appealed from, unless the Planning Director or designated staff from whom the appeal is taken certifies to the Board of Zoning Appeals that by reason of facts stated in the application a stay would, in the staff s opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order from the proper court of record. SECTION 315 Conditional Use Requirements Within each zoning district in this Ordinance, certain uses are identified as Conditional Uses. These uses require approval from the Board of Zoning Appeals. A Conditional Use Permit runs 20

21 with the land and is transferable to any future owner of the land, but is not transferable to a different property. 1. The Board shall have the power to authorize conditional uses so long as the conditional use: a. Will not endanger the public health, safety, morals, comfort, or general welfare. b. Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and shall not change the essential character of the same area. c. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services. d. Will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. e. Will not generate traffic on the existing street network that will cause congestion or unsafe ingress and egress within the neighborhood as a result of the development, unless evidence is provided that improvements can be made to minimize or relieve the impacts. f. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, dust, fumes, glare or odors. SECTION 320 Dimensional Variance Requirements The Board of Zoning Appeals shall have the power to hear and decide on applications for a variance of dimensional requirements. Variance is defined as a departure from dimensional terms of the zoning regulation pertaining to building setbacks, lot frontage requirements, the height, width, or location of structures, and the size of bufferyards and open space requirements. The Board shall not possess the power to grant a variance to permit a use of land, building or structure, which is not permitted by the zoning regulation in the zone in question, or to alter the density requirements in the zone in question. Density is defined as the number of units or square footage of a building per net acre of land developed. A variance runs with the land and is transferable to any future owner of the land, but is not transferable by the applicant to a different site. A variance may be appropriate by reason of exceptional narrowness, shallowness or unusual shape of a site on the effective date of these regulations, or amendment thereof, or by reason of exceptional topographic conditions, or some other extraordinary situation or condition of that 21

22 site. In addition, a variance may be appropriate if the literal enforcement of the dimensional terms of the zoning regulations would deprive the applicant of reasonable capacity to make use of the land in a manner equivalent to the use permitted other landowners in the same zone. 1. An appeal to the Board requesting a variance shall demonstrate: a. That the approval will not be injurious to the public health, safety, morals, and general welfare of the community; b. That the use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; c. That the need for the variance arises from some condition peculiar to the property involved which are not applicable to other lands, structures or buildings in the same district; d. That the strict application of the terms of the zoning ordinance will constitute an unnecessary hardship, if applied to the property for which the variance is sought; and e. That the special conditions and circumstances do not result from the actions of the applicant. SECTION Conditions and Safeguards In granting a conditional use or variance, the Board may prescribe any reasonable conditions as well as establishing a time limit within which the request shall be started, or completed, or both. Failure to comply with any condition established by the Board shall be considered a violation and shall be governed by Article 6 of this Ordinance. Any condition imposed by the Board shall be recorded in the office of the County Recorder and shall be binding on the owner, subsequent owner, or any person who acquires interest in the property. SECTION Action by Board of Zoning Appeals The Board of Zoning Appeals shall hear and decide upon any appeal or application within sixty (60) days of filing. The Board of Zoning Appeals, shall approve, approve with conditions, or disapprove the request. Further, the Board shall make a finding that the reasons set forth in an application justify the granting of the request that will make possible a reasonable use of the land, building, or structure. If the request is disapproved, the board shall state the reasons for disapproval in writing. The minutes of the meeting shall serve as the required written notification of the decision of the Board. Appeals from Board decisions shall be to the appropriate court with jurisdiction, as provided by law. SECTION Contents of Application An application shall be filed with the Planning Department by at least one owner, of owner by 22

23 contract (option), or lessee with written permission of the owner of the property for which such application is proposed. If, after the initial public hearing, additional information is needed beyond the minimum information required by the application, the Board can require the applicant to submit a Site Plan as detailed in Article 23 of this Ordinance or any other necessary information. SECTION Specific Standards Applicable to Conditional Uses The Board shall consider the criteria for conditional uses as set forth in each zoning district. SECTION Procedure for Hearing Notice Upon receipt of an application, the Board shall establish a time and place for a hearing, and publish notice of the hearing in a newspaper of general circulation in the County at least 10 days before the date set for the hearing. In addition, all adjoining property owners shall be notified by certified mail that is postmarked and mailed at least ten (10) days in advance of the hearing. The applicant shall be responsible for supplying the names and addresses of all adjoining property owners and shall pay all the costs of notification. Records maintained by the County Assessor s Office shall be used as the official record to determine the identity and address of adjoining property owners. SECTION Expiration of Permit Conditional uses and variances shall be authorized only for the specific request and are not transferable to another property or use without approval from the Board through a subsequent public hearing. In addition, all permits granted by the Board shall expire within one (1) year of approval by the Board unless the Board otherwise states a time period. The action or use requested and approved by the Board must be substantially underway (See Article 27) within the time period specified or the permit will expire and a subsequent hearing will be needed or an extension requested to the Planning Director. SECTION 355 Official Record and Certificate of Land Use Restriction The Official Record of action taken by the Board of Zoning Appeals and any conditions or restrictions adopted or imposed shall be filed in the form of a Certificate of Land Use restrictions with the County Recorder s office as permitted by IC Filing shall occur within 30 days of the date upon which the final action to impose or adopt the restriction is made. The certificates shall be completed by the Planning Department and filed with the Recorder. The County Recorder shall index the certificates by property owner and, if applicable, name of subdivision or development. The Franklin County Plan Commission office shall maintain the files of conditions or restrictions, which require certificates. When all 23

24 conditions or restrictions have been complied with or a restriction reflected on the certificate is amended (which requires a new certificate), the Planning Department shall release the previous certificate in the same manner as releases of encumbrances upon real estate. Certificates of Land Use Restrictions shall be filed in the Franklin County Recorder s Office for Variances, Conditional Uses, and other items requiring recording of restrictions. 24

25 ARTICLE 4 PRE-EXISTING NONCONFORMING USES SECTION 400 Pre-existing Nonconforming Lots, Uses and Structures Within the districts established by this order or amendments to districts that may later be adopted, lots, uses of land, and structures may exist which were lawful before this order was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or further amendments. It is the intent of this order to permit these nonconforming lots, uses and structures to continue. Uses or structures legally established before this order was passed or amended shall not be considered a violation of this ordinance and shall not be subject to penalties as outlined in Article 6 of this Ordinance. 1. The following provisions shall apply in determining the nonconforming status and whether the use, structure or lot may be altered or developed. a. A nonconforming use or structure shall not be enlarged, moved, changed or extended beyond the scope and area of its operation at the time it became a legal nonconforming use. Nor shall other uses or structures, which are prohibited elsewhere in the same district, be permitted on lots of nonconforming uses or structures. b. If any legal pre-existing nonconforming use of land, structure, or combination, is changed to a permitted use, then the legal nonconforming use status is removed and cannot be resumed. c. When a legal, pre-existing nonconforming use of land, structure, or combination is discontinued or abandoned for twelve (12) consecutive months, the nonconforming use status is removed and cannot be resumed. d. Normal maintenance and repair of a nonconforming structure may be performed provided there is no significant physical change to the structure and such maintenance and repair does not extend, enlarge or intensify the nonconforming structure or the use of the nonconforming structure, unless otherwise authorized by this Article. e. A pre-existing nonconforming residential structure used solely for a residential purpose may be enlarged provided the number of dwelling units is not increased. The floor area of the dwelling unit may not be increased more than twenty-five percent (25%), and compliance with all development standards of this ordinance must be followed. f. Any nonconforming structure damaged by fire, flood (as permitted in Article 8), 25

26 explosion or other casualty may be reconstructed and used as before. However, every effort shall be made to make the structure comply with this Ordinance. Reconstruction must be undertaken within twelve months of such casualty and completed within one year from date of initiation. In addition, the restored structure cannot have greater lot coverage or square footage (except as permitted by subsection E above) than before such casualty. SECTION Nonconforming Parcels or Subdivisions If any lot of record does not meet the minimum lot size and frontage requirements as established within this Ordinance and that lot existed at the effective date of adoption or amendment of this order, the owner may develop that lot in conformance with the dimensional standards previously in effect. The previous standards can be used only if the current development standard can not be applied to the lot. However, the lot must be developed in conformance with all other requirements of this order. If the lot cannot be developed under the existing standards or if the previous standards cannot be determined, a variance will be required from the Board of Zoning Appeals as identified in Section 320 of this Ordinance. SECTION Nonconforming Structures Where a lawful structure exists at the effective date of adoption or amendment of this order that could not be built under the terms of this Ordinance, such structure may be continued so long as it remains otherwise lawful. The following provisions shall apply: 1. No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity; 2. Should such structure be moved for any reason for any distance, it shall thereafter conform to the regulations for the district in which it is located after it is moved; 3. When an addition is proposed for a pre-existing structure that does not meet the current setback requirements, the addition may be located along the nonconforming building line established by the existing structure. However, it may not encroach any further into such nonconforming setback unless the Board of Zoning Appeals grants a variance. SECTION Change of Nonconforming Use The Board of Zoning Appeals shall have the power to hear and decide on applications to permit a change from one nonconforming use to another. The Board shall not permit such a change unless the new nonconforming use is equally or more compatible with permitted uses in the district in which it is located as the existing nonconforming use. The intent of this section is to allow a non-conforming use to adapt to changing economic considerations and prevent the use from becoming a blight. An application for a change of nonconforming use shall conform to the 26

27 procedures for other Board applications. The Board shall not allow any changed nonconforming use to be increased or enlarged, nor extended to occupy a greater area of land than was occupied by the original nonconforming use. In permitting such change in nonconforming use, the Board can require appropriate conditions and safeguards in accord with other provisions of this order, such as the provision of landscaping and buffering, the improvement of parking areas, and restrictions on the hours of operation. SECTION Burden of Establishing Status The burden of establishing legal, pre-existing nonconforming use status shall rest on the person asserting such status. Such persons shall provide sufficient proof to the Director or designated staff that such a pre-existing nonconforming status exists. SECTION Avoidance of Undue Hardship To avoid undue hardship, nothing in this order shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this order. If actual building construction has been carried on diligently and such construction is not found to have been or to be a purposely-planned evasion of the intent of this order, development may continue. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastening them in a permanent manner. Where demolition or removal of an existing building has begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work shall be carried out diligently, but subject to the same clarifications of planned intent. Neither shall this order be deemed to require a revision in the preliminary plans of subdivisions which had been approved prior to the adoption of these regulations provided that schedules for submission of improvement plans and final plans are met. SECTION 460 Agricultural Exceptions Any agricultural use existing prior to the adoption of this Ordinance which is located in a zoning classification where agricultural uses are not Principally Permitted shall still be considered a non-conforming use by this Ordinance. However, these uses shall not be prevented from enlarging or continuing to operate as permitted before the adoption of this Ordinance. 27

28 ARTICLE 5 ZONING MAP AND TEXT AMENDMENTS SECTION 500 General This Zoning Ordinance and the Zoning Map may be amended from time to time by ordinance duly enacted by the Board of County Commissioners in accordance with the procedures set forth in Indiana Code Chapter Comprehensive updates of the Zoning Ordinance, Map and the Comprehensive Plan shall be conducted periodically to ensure that these public documents accurately represent the changing needs of the community. The updates shall follow the laws and requirements as outlined in Indiana Code. SECTION Initiation of Zoning Text Amendments and Map Amendments Amendments to this zoning ordinance's text and map may be initiated in the following manner: 1. Zoning Text: The Plan Commission can initiate a text amendment by holding a public hearing and making a recommendation to the legislative unit. (See Article 27) The legislative unit can initiate a text amendment but must refer the amendment to the Plan Commission for a public hearing and recommendation before the legislative unit can act on the text amendment. Text amendments are to be adopted by a resolution and/or ordinance by the legislative unit. The proper notice and hearing process shall be followed. 2. Zoning Map: The Plan Commission can initiate a zoning map amendment by holding a public hearing and making a recommendation to the legislative unit. The legislative unit can initiate a zoning map amendment, but must refer the amendment to the Plan Commission for a public hearing and recommendation before the legislative unit can act on the zoning map amendment. Zoning map amendments can also be initiated by filing an application by at least one (1) majority owner, owner by contract (option) or lessee with permission of the owner/s of property within the area proposed to be changed or affected by said map amendment. Zoning map amendments are to be adopted by a resolution and/or ordinance by the legislative unit. SECTION Contents of Application for a Zoning Map Amendment Applications for amendments to the zoning map, adopted as part of this Ordinance by Section 500, shall be completed in full, signed, supplemented with any additional information found 28

29 appropriate by the Plan Commission, and accompanied by a fee established according to the fee schedule. A Development Plan (hereafter referred to as a Concept Development Plan) is strongly encouraged to be submitted for any zoning map amendment. Rezoning applications submitted without a Concept Development Plan shall be reviewed from the perspective of the worst case scenario based upon the requirements and permitted uses of the zoning being requested. The Concept Development Plan, when submitted and agreed upon, shall be followed and be binding as a requirement of the zone map amendment. Any rezoning that is approved with a Concept Development Plan shall be designated on the Official Franklin County Zoning Map as DP for Development Plan. (For example, Residential (R-DP) The property owner and any other appropriate person, such as the applicant or an option holder in the property, shall sign a written commitment obligating them to comply with the terms of the zoning change and Concept Development Plan. This written commitment shall be made of record in the office of the Franklin County Recorder. The property owner or other applicable person shall be required to furnish the information necessary to make such written commitment of record. This written commitment and a Certificate of Land Use Restriction shall be filed with the County Recorder within 30 days of final action, as further specified in Section 560. At the time of filing an application for a zoning map amendment, an applicant may also request a Dimensional Variance or a Conditional Use Permit for the same development. The Board of Zoning Appeals shall review the request following the same criteria identified in Section 315 and 320 of this ordinance. A Concept Development Plan if submitted shall include the following minimum requirements and any other supporting information that the applicant believes addresses the specific findings used in reviewing a Zoning Map Amendment. Minimum Requirements: 1. General Existing Site Characteristics - ownership, topography, soils, drainage, vegetation and other physical characteristics; 2. Transportation Patterns - public and private roads and internal and external circulation patterns, rights-of-ways, easements and parking; 3. Land Use Characteristics - existing and proposed land uses, open spaces, impervious surfaces including streets, parking areas, structures and buildings (general description of size area, intensities/densities, and height) and proposed stormwater drainage facilities; 4. Utilities and Infrastructure; 5. Relationship of Proposed Zone Change with Comprehensive Plan - how specifically the proposed zone change would conflict, conform, complement or otherwise affect the Comprehensive Plan as well as any special studies that are designed to further detail the Comprehensive Plan in a specific area; 6. An 8.5" by 11" or 8.5" by 14" reduction of the plan that can be copied on a standard photocopier; 29

30 7. An area map showing adjacent property owners and existing land uses within 500 feet of the parcel; Optional Requirements (If Applicable): 1. If the site has unusual or unique natural features, demonstrate how proposed development preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation, and prevents the disruption of natural draining patterns. If appropriate, geotechnical studies should be submitted to indicate soil types, depth of bedrock and slope stability; 2. The location, description and size (acreage) of land uses; 3. Approximate location and number of residential units (if any) along with approximate square footage, density and height; 4. Approximate location and size (square footage) of non-residential buildings; 5. Calculation of approximate amount of open space both before and after construction. Indicate areas of expected open space and new landscaping. Include maintenance plans for these areas; 6. Submit conceptual landscape plan that indicates the locations of landscape and buffering features. For applications involving PUD overlay (See Article 16), design guidelines that include landscaping standards shall be submitted for multi-phased projects; 7. Where portions of the site are subject to flooding, the Concept Development Plan shall indicate extent and frequency; 8. The general location of all utilities and the capabilities for extension and capacity to include your proposal; 9. General description of the availability of community facilities such as schools, fire protection services and other types of facilities that would serve the development, if any, and how these facilities are affected by this proposal; 10. Approximate location and size of storm water detention and/or retention areas; 11. Information describing proposed signage (types, sizes, materials, and locations on site). For applications involving the PUD overlay, design guidelines that include signage standards shall be submitted for multi-phased projects; 12. Indicate the construction schedule of the project. For multi-phased projects, submit a phasing plan that describes the anticipated timing and geographical extent of each phase; 13. Submit a detailed traffic study if the proposed development exceeds 1000 vehicle trips per day on average or if the project would significantly alter existing traffic patterns or volume (See Article 24, Section 2448); 14. Submit a sketch or drawing of the proposed buildings to demonstrate the visual appearance or a type of architecture. For applications involving the PUD overlay, design guidelines that include architectural standards shall be submitted for multi-phased projects; 30