Adams County Unincorporated
City Zoning Code

ZONING REGULATIONS

§ 153.070 PURPOSES OF ZONING REGULATIONS.

The zoning regulations and districts as herein set forth are made in accordance with a Comprehensive Master Plan in order that adequate light, air, convenience of access, and safety from fire, flood, and other danger may be secured; that congestion in the public streets may be lessened or avoided; and that the public health, safety, comfort, morals, convenience, and general welfare may be promoted. They are made with reasonable regard to existing conditions, the character of buildings erected in each district, the most desirable use for which the land in each district may be adapted, and the conservation of property values throughout the unincorporated areas of the county.

(Ord. 2005-01, passed 2-17-2005)

§ 153.071 ZONE GROUP CLASSIFICATIONS.

(A) Whenever the terms “F zone, A zone, R zone, C zone, or I zone” are used, they shall be deemed to refer to all zones containing the same letters in their names and where the letters shall mean the following:

(1) F: Floodplain;

(2) A: Agricultural;

(3) R: Residential;

(4) C: Commercial; and

(5) I: Industrial.

(B) For example, the commercial zone (C zone) shall include the C-1, C-2, and C-3 zones.

(Ord. 2005-01, passed 2-17-2005)

§ 153.072 ZONES.

(A) For the purposes of this chapter, the unincorporated area of the county is hereby divided into ten districts or zones designed as follows.

Abbreviation	District or Zone
A	Agricultural zone
C-1	Neighborhood commercial zone
C-2	Rural commercial zone
C-3	General commercial zone
F	Floodplain zone
I-1	Light industrial/heavy commercial zone
I-2	Heavy industrial zone
R-1	Single-family zone
R-2	Multiple-family zone
R-3	Mobile home park zone

(B) The above zones and the boundaries of such zones are hereby established as shown on the maps entitled, “Adams County Zoning Map No. 1, No. 2, and Arterial Thoroughfare Map No. 3” dated December, 1996. Said maps and all explanatory matter thereon are hereby adopted and made a part of this chapter. Such maps shall remain on file at the office of the Commission.

(Ord. 2005-01, passed 2-17-2005)

§ 153.073 BOUNDARIES.

(A) Unless otherwise indicated, the zone boundary lines are land lines, the centerlines of streets, parkways, alleys, or railroad rights-of-way, or such lines extended. Other lines within blocks are rear or side lot lines, or such lines extended.

(B) Where the physical layout existing on the ground varies from the layout as shown on the zoning map due to the scale, lack of detail, or eligibility of the zoning map, the Zoning Administrator shall interpret said map according to the reasonable intent of this chapter.

(Ord. 2005-01, passed 2-17-2005)

§ 153.074 NON-CONFORMING.

(A) Generally. Within the districts or zones established by this chapter or by amendments that may later be adopted, there exist non-conforming structures, non-conforming uses of land, and non-conforming uses of structures or of structures and land in combination which were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments hereto. It is the intent of this section to permit these non-conforming uses to continue until they are removed but not to encourage their survival. It is further the intent of this section that non-conforming uses shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses which are prohibited elsewhere in the same zone. Illegal uses existing at the time this chapter is enacted shall not be validated by virtue of its enactment.

(B) Continuation of non-conforming structures.

(1) Where a lawful structure exists, at the effective date of adoption or amendment of this chapter, that could not now be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful.

(2) A non-conforming structure may be repaired or altered, provided no structural change shall be made.

(3) A structure, non-conforming as to height, yard, or lot area requirements, shall not be added to or enlarged in any manner unless such structure, including such addition or enlargement, is made to conform to the height, yard, or lot area requirements of the zone in which it is located.

(4) No non-conforming structure shall be moved in whole or in part to any other location on the lot unless every portion of each structure is made to conform to all the regulations of the zone in which it is located.

(1) Where, at the time of adoption or amendment of this chapter, lawful uses of land exist which would not be permitted by the regulations imposed by this chapter, the uses may be continued so long as they remain otherwise lawful, subject to the following provisions.

(2) No such non-conforming uses shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.

(3) No such non-conforming uses shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such uses at the effective date of adoption or amendment of this chapter.

(4) No additional structure, which does not conform to the requirements of this chapter, shall be erected in connection with such non-conforming uses of land.

(D) Continuation of non-conforming uses of structures or of structures and land in combination.

(1) If a lawful use of a structure or use of a structure and land in combination exists at the effective date of adoption or amendment of this chapter that would not now be allowed in the zone in which it is located under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.

(2) A non-conforming use of a structure, designed for a conforming use, shall not be expanded or extended into any other portion of such conforming structure nor changed except to a conforming use.

(3) Any structure or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the zone, and the non-conforming use may not thereafter be resumed.

(4) Where non-conforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.

(E) Conforming mobile home park. Any mobile home park which exists upon the effective date of adoption or amendment of this chapter and which is located in a zone which permits a mobile home park, either as a permitted use or as a special exemption, 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 this chapter.

(F) Non-conforming variance.

(1) The Board may authorize, upon appeals in specific cases, such variance from the terms of this subchapter as will not be contrary to the public interest, and where, owing to special conditions, a literal enforcement of the provisions of this subchapter will result in unnecessary hardship, and so that the spirit of the chapter shall be observed and substantial justice done; provided, however, that no action shall be taken or decision made except after public hearing.

(2) To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building or development on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter, and upon which actual building construction has carried on diligently. Where demolition or removal of an existing building has been substantially begun and/or preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that the work shall be carried on diligently. ACTUAL CONSTRUCTION is hereby defined as work done which is beyond the preparation stage and which is into the stage where changes or additions are made permanent.

(G) Amortization of non-conforming uses of buildings.

(1) Whenever a non-conforming use has been discontinued for a period of 12 months, such use shall not thereafter be re-established, and the use thereafter shall conform to the provisions of this subchapter, except when the non-conforming use is dependent on seasonal trade, the discontinued period shall be extended to 14 months.

(2) No building damaged by fire or other causes, to the extent that its restoration will cost more than double its assessed valuation, shall be repaired or rebuilt except to conform to the provisions of this subchapter.

(H) Non-conformance due to reclassifications. The provisions of this section shall also apply to buildings, structures, land, or uses which hereafter become non-conforming due to reclassification of zones under this chapter, or any subsequent change in the regulations of this chapter, and any time periods specified for amortization of non-conforming uses shall be measured from the date of such reclassification or change.

(Ord. 2005-01, passed 2-17-2005) Penalty, see § 153.999

§ 153.075 TEMPORARY BUILDINGS, STRUCTURES, AND MOBILE HOMES.

(A) No temporary building or temporary structure shall be erected, reconstructed, enlarged, or moved on to any lot, plot, or tract of land other than for agricultural purposes or as a temporary construction field office unless it conforms with this chapter.

(B) A mobile home may be moved onto a lot, plot, or tract of land and be used as a temporary residence for a period of one year during the construction time of a permanent residence on the same lot, plot, or tract. Prior to the moving of any mobile home onto any lot, plot, or tract for said purpose, the owner shall obtain a special exception grant from the Board of Zoning Appeals. Said grant shall run for a period of one year.

(1) Upon expiration, the grant may be extended for one additional year by the Zoning Administrator upon adequate showing by the owner that the construction of the residence has not progressed to a livable stage due to conditions beyond his or her control. Only one such extension shall be allowed for said grant. After the final expiration of said grant, the mobile home shall be vacated and removed within 30 days of the expiration date.

(2) The temporary residence shall comply with all county and state health requirements which would be imposed upon a permanent residence on the same lot, plot, or tract.

(C) A mobile home or travel trailer is permitted as a temporary accessory use without regard to the other provisions of this chapter except as specified in this section, and providing that the following conditions are met.

(1) Such mobile home or travel trailer shall be permitted only on property having an existing permanent dwelling.

(2) Such mobile home or travel trailer shall be occupied by a member of the family (father, mother, son or daughter, and the like) residing in the permanent dwelling, or by an employee of the resident in the permanent dwelling.

(3) Such mobile home or travel trailer shall not be permitted to encroach on the required yard or setback as specified by the zone in which it is located.

(4) Such mobile home or travel trailer shall not be moved onto a property unless an improvement location permit has been issued, and it shall not be used for dwelling purposes until a certificate of occupancy has been issued.

(5) The application for the improvement location permit and the certificate of occupancy shall be accompanied by a letter from the County Board of Health stating that the proposed method of water supply and sanitary waste disposal meets its requirements.

(6) The Zoning Administrator has the authority to issue the improvement location permit and certificate of occupancy if the above and all other applicable regulations and requirements are met.

(Ord. 2005-01, passed 2-17-2005) Penalty, see § 153.999

§ 153.076 CONTINGENT USES.

(A) The contingent uses hereinafter set forth shall be permitted by the Board, only after public hearing, in any district where such uses are essential or desirable to the public convenience or welfare, or if the refusal of this permit would create an undue hardship on the applicant. No permit for a contingent use shall be granted if the Board shall find that such use is in conflict with any plan duly adopted by chapter, or if the Board determines the proposed use will be detrimental to the surrounding area. In the exercise of its approval, the Board may impose such additional conditions regarding the location, character, and other features of the proposed building, structure, or use as may be reasonably required to further the purposes of this chapter.

(B) All contingent uses which existed upon the effective date of this chapter shall be regarded as conforming uses and may be continued, except that major changes in layout, expansions, or extension to such uses shall be subject to Board review and approval as required for contingent use.

(1) An airport or similarly designed area for the landing and taking off of aircraft; provided that:

(a) The proposed location has been approved by the Commission as to compatibility with the Master Plan for the physical development of the county;

(b) The area and the arrangement of all improvements shall be sufficient, for the class of airport proposed, to meet the requirements of the Federal Aviation Agency, the Aeronautic Administration of the state, and any other rightfully involved governmental agency;

(d) No application shall be considered unless it is accompanied by a plan, drawn to scale, showing the proposed location of the airport; boundary lines; dimensions; names of owners of abutting properties; proposed layout of runways, landing strips or areas, taxi strips, aprons, roads, parking areas, hangars, buildings, and other structures and facilities; the location and height of all buildings, structures, trees, and overhead wires falling within the airport approach zones and less than 500 feet distant from the boundary lines of the airport; other pertinent data, such as topography and grading plan, drainage, water and sewerage, and the like.

(2) Cemetery;

(3) Governmental installation not otherwise permitted;

(4) A hospital, nursing home, sanitarium, or asylum which does not treat mental, drug, or alcoholic patients;

(5) Medical health center or clinic, with parking provided as specified by this chapter;

(6) Public utility facilities such as radio and television transmitter stations and towers; petroleum and natural gas transmission lines, pumping stations and facilities; electric substations and telephone exchanges where not otherwise permitted by this chapter; railroad lines; classification yards and terminals; and other similar uses of a public utility or public service nature; including structures and appurtenances for their enclosure, maintenance, and operation;

(7) Educational institution;

(8) Fairground;

(9) Non-profit recreational establishments or uses;

(10) Private school; and

(11) Golf course.

(Ord. 2005-01, passed 2-17-2005)

§ 153.077 SPECIAL USES.

The special uses hereinafter set forth shall be permitted by the Board, only after public hearing, in zones indicated in division (C) below, where such uses are essential or desirable to the public convenience or welfare or if the refusal of this permit would create an undue hardship on the applicant. No permit for a special use shall be granted if the Board shall find that such use is in conflict with any plan duly adopted by ordinance, or if the Board determines the proposed use will be detrimental to the surrounding area. In the exercise of its approval, the Board may impose such additional conditions regarding the location, character, and other features of the proposed building, structure, or use as may be reasonably required to further the purposes of this chapter.

(A) Considerations for any special use. In considering a petition for any permitted special use, the Board shall give due regard to the following factors as they will apply to the particular situation:

(1) The location and size of the use; the nature and intensity of the operations involved in or conducted in connection with it; its site layout, including parking space requirements; and its relation to streets giving access to it so that vehicular traffic to and from the use will not create undue hazards to the normal traffic of the vicinity, taking into account among other things, vehicular turning movement in relation to routes of traffic flow, relation to street intersections, sight distances, and relation to pedestrian traffic; and

(2) The nature, location, size, and site layout of the use so that it will be harmonious to the district in which it is situated.

(B) Authorization for continuance.

(1) All special uses, except sanitary landfills and incinerators, which existed upon the effective date of this chapter and which are located in a district which would permit such use in accordance with the provisions of this section, shall be regarded as conforming uses and may be continued, except that major changes in layout, expansion, or extension to such uses shall be subject to Board review and approval as required for special exception.

(2) All special uses hereafter authorized by the Board in accordance with the provisions of this section shall be regarded as conforming uses and may be continued, except that major changes in layout, expansion, or extension to such use shall be subject to Board review and approval as required for special uses.

(1) Animal hospitals, veterinary clinics, animal boarding places, and kennels. In any A or F zone, a veterinary clinic, animal hospital, animal boarding place, or kennel, provided that no part of any building, pen, or run shall be within 300 feet of any adjoining residence;

(2) Antique shop. In any A zone, an antique shop, provided that any outdoor display of articles for sale shall be at least 50 feet from any street or property line;

(3) Child care home. In any A, R-1, and R-2 zone, a regulated child care home or nursery school, upon a finding by the Board that said use will not constitute a nuisance because of traffic, number of children being cared for, noise, or type of physical activity. A regulated child care home shall be any child care home or facility that because of its size, layout, or circumstance requires state regulation and a license to operate the home as required by any applicable state or federal regulation as from time to time amended. Any non-regulated child care home shall not require a special use as provided in this section;

(4) Sanitary landfills and incinerators. In any A or I-2 zone, a dump, sanitary landfill, and/or incinerator, upon a finding that said use will not constitute a nuisance because of traffic, noise, odors, smoke, or physical activity, provided that the area and setback requirements as specified by the Boards are complied with, provided that it meets the approval of the County Board of Health and the State Department of Environmental Management or the state agency exercising jurisdiction over the subject matter;

(5) Hospital, nursing home, sanitarium, asylum, or other institution. In any A and R-2 zone, a hospital, nursing home, sanitarium, asylum or other institution which cares for mental, drug, or alcoholic patients, or is a penal or correctional institution, subject to the conditions that:

(a) No part of any building in which inmates or patients are housed is, or is proposed to be, located less than 300 feet from any bounding lot or street line;

(b) Adequate off-street parking space is provided; and

(6) Limited office uses in residential zones as a transitional use. In any R-2 zone, a dwelling on any lot or parcel of land immediately abutting along its side lot line or lying directly opposite across a street from any commercial or industrial district may be used for limited office purposes, provided that such use is in accordance with the following requirements.

(a) Such uses shall be confined to the offices of doctors, dentists, lawyers, accountants, realtors, engineers, and similar professional persons.

(b) Such uses shall not change or alter the exterior characteristics of the premises, and no nameplate or other sign exceeding two square feet in area shall be displayed on the premises.

(c) Wherever possible, in the opinion of the Board, all entrances, driveways, walks, parking areas, and signs incidental to such use shall be located on the side of the building nearest to the commercial or industrial zone.

(7) Recreational establishments and uses in any F, A, C, or I zone.

(a) Buildings and structures for clubs, fraternal organizations, lodges, youth organizations, adult organizations, fishing ponds, picnic areas, and private recreational developments all conducted for profit. The use of firearms is permitted if adequate precautions are taken to safeguard the public; and

(b) Transient amusement enterprise, medicine show or circuit, the chief activity of which is carried on for gain or profit.

(8) Special uses allied with agriculture.

(a) In any A zone, a trucking operation primarily engaged in commercial transportation of agricultural products other than those raised on the premises, feed mills where grain is processed on a commercial basis, poultry dressing establishments, and animal slaughter houses where animals other than those raised on the premises are processed on a wholesale basis, commercial welding shops, livestock sales, auction barns, commercial dairy for the processing, packaging and distribution of dairy products, and fertilizer blending and sales operations and farm equipment sales;

(b) In any A, F, and R-2 zone, a greenhouse and/or plant nursery, provided retail sales are limited to the sale of plants and the commodities used in the direct care of plants; and

(c) In any A zone, an agricultural labor camp (migrant worker camp) may be established or enlarged on a temporary permit basis. Said temporary permit shall be valid for a period of one calendar year, renewable only if the agricultural labor camp is maintained in accordance with the requirements of this chapter.

(9) Sand, gravel, or clay pits; rock or stone quarries; mining; removal of earth or topsoil. In any zone, the use of vacant land for the removal of natural material or deposits including, but not limited to, sand, gravel, clay, rock or stone, earth, or topsoil. All such uses shall be subject to the following.

(a) All applications for said uses shall be accompanied by a map or plat showing the area proposed to be included in the extraction or removal of material; and a final grading plan which shows the existing ground elevations of the site and the land immediately adjacent thereto, the location and elevation of all bounding streets or roads, and the final elevations of the site at the termination of the operation with respect to the elevations of the immediately adjacent land and bounding streets or roads.

(b) Unless the Board specifies otherwise, the areas exposed by said operation shall not have a final cut slope of steeper than three feet horizontal to one foot vertical distance and shall be left suitable for development purposes in accordance with the final grading plan approved by the Board.

(c) Unless otherwise permitted by the Board of Zoning Appeals, temporary operating cut slopes steeper than one foot horizontal to one foot vertical shall in no case be brought closer to an exterior property line, right-of-way line of any street, road, way, or alley, as existing or as proposed in the Master Plan than 50 feet where a sight screen is provided, or 75 feet in the case where no provision is made for sight screening.

(d) Explosives shall be used only between sunrise and sunset except in the case of an emergency.

(e) All buildings, structures, or equipment shall be entirely removed from the property within one year after the expiration of the permit.

(f) Dikes or other barriers and drainage structures shall be provided to prevent silting of natural drainage channels or storm drains in the area surrounding said uses.

(g) Where required by the Board, final cut slopes shall be treated to prevent erosion; topsoil shall be replaced on such slopes to support vegetation; ground cover shall be planted within 12 months after a cut slope is excavated to its final position; and such ground cover shall be maintained for a period of time sufficient to provide vegetation of a density that will prevent erosion.

(h) Where required, suitable plant material shall be placed and maintained to screen slopes from public view. There shall be no open storage of discarded machinery, trash, or junk which would present an unsightly appearance.

(i) Quarries and sand and gravel pits shall be operated so as to keep dust and noise to a minimum, and access roads shall be maintained as dust-free surfaces from the public street to within 100 feet of the loading point within the quarry or sand and gravel pit when adjacent properties are used or zoned for residential purposes.

(j) Vehicles carrying materials from quarries or sand and gravel pits shall be loaded in such manner as to prevent spilling rock, gravel, sand, or other materials of a mineral nature while in transit upon roads and highways.

(k) Quarry or sand and gravel pit excavations which may penetrate near or into a usable water-bearing stratum shall be conducted in such a manner that any such stratum so approached or encountered will not be subject to pollution or contamination either during quarrying operations or the excavation of a sand and gravel pit or subsequent to the abandonment of said quarry or sand and gravel pit.

(10) Sawmill. In any F or A zone, a sawmill, for a period of not more than three years subject to renewal, for the cutting of timber grown in the immediate area, provided that no saw or other machinery shall be less than 100 feet from any lot or street line and that all power saws and machinery will be secured against tampering or locked when not in use;

(11) Tourist home. In any A and R-2 zone, a tourist home, provided that such use will meet all other applicable government regulations;

(12) Campgrounds. Campgrounds may be permitted in any C-2, C-3, and I-1 zones. They may also be permitted in the A and R-2 zones, only when the site is at least 300 feet from an existing adjacent residence. They may be permitted in the F zone, providing they receive approval from the State Department of Natural Resources, Division of Water prior to the Board’s approval. After a public hearing, the decision of the County Board of Zoning Appeals shall determine whether or not the proposed site may be use for the purposes intended;

(13) Sexually-oriented businesses.

(a) In any zone, in addition to all other limitations of provisions permitted in the zoning ordinance, any property which will be used by an adult arcade, adult book store, adult novelty store, or adult video store, adult cabaret, adult motion picture theater, adult theater, nude model studio, sexual encounter center, or peep show facility shall:

1. Not be located within 1,000 feet of any property zoned for any residential use;

2. Not be located within 500 feet of any property permitted for use as a religious institution, public or private school containing any grade of kindergarten through grade 12; and

3. Not be located within 500 feet of any city park.

(b) The applicant shall have certified all distance measurements by a land surveyor registered by the state who shall certify that there are no residential properties, public or private schools with a grade kindergarten through twelfth grade, or any city park within the distances stated above.

(c) In addition to all other procedures listed above, the petitioner, for a special use under this section, shall send notices as called for in this subchapter to not only the abutting property owners, but the petitioners shall send notices by certified mail, return receipt requested to all property owners with property within 1,000 feet of the property requested for a special use under this section. A list of all such property owners shall be given to the County Plan Commission at the time of filing the application. Should the petitioner fail to comply with the notice requirements herein, before the second regular meeting of the Board of Zoning Appeals following the date the petition is filed, the petition shall be withdrawn by the Board of Zoning Appeals.

(d) The distances provided under this section of this subchapter shall be measured by following a straight line, without regard to intervening buildings, structures, or other obstacles, from the nearest point of the property upon which the proposed use is to be located, to the nearest point of the property or land use district boundary line from which the proposed land use is to be separated.

(14) Mobile homes in commercial zones. A mobile home may be moved onto a lot, plot, or tract of land and be used as a dwelling in any C-1, C-2, or C-3 Zone. Prior to moving any mobile home onto any lot, the owner, or his or her agent, shall first obtain an improvement location permit. The Zoning Administrator may issue the permit subject to the following conditions.

(a) Each mobile home shall be located on a lot and shall be the only principal structure on the lot.

(b) The mobile home shall be at least 300 feet from an adjoining R-1 or R-2 permitted use.

(d) Each mobile home shall contain a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities, and plumbing and electrical connections designed for and attached to appropriate external systems.

(e) Personal goods and articles, other than cars, fuel tanks, boats, and similar items too large to reasonably enclose shall be stored on the lot only in a completely enclosed structure.

(f) All health and sanitary regulations of the county and the State Boards of Health are met; and

(15) Mobile homes in agricultural and industrial zones. Mobile homes, mobile home offices and semi-trailers as permanent storage sheds in any A, I-1, and I-2 zone, provided they are erected per the following conditions:

(a) Be placed onto and securely attached to a permanent underfloor foundation;

(b) Have wheels and axles removed; and

(Ord. 2005-01, passed 2-17-2005) Penalty, see § 153.999

§ 153.078 MOBILE HOME REGULATIONS.

(A) Mobile homes may be permitted by right in any R-3 mobile home park zone (see § 153.085(C)(1)).

(B) Mobile homes may be permitted by right in any A agricultural zone (see § 153.084(B)(3)).

(D) Mobile homes may be permitted as a permanent residence through a special use permit (see § 153.077(C)(14)).

(E) Mobile homes may be permitted as a permanent storage shed through a special use permit (see § 153.077(C)(15)).

(F) Mobile homes shall not be permitted in any R-1 single-family zone and any R-2 multiple-family zone. This includes the attempted conversion of a mobile home into a manufactured home (as defined) by removing wheels, axles, and hitch and placing onto a permanent foundation.

(G) No conventional “stick-built” additions shall be permitted to mobile homes. Only factory-built additions shall be permitted.

(H) No mobile home shall be permitted as a dwelling which contains less than 840 square feet of living area exclusive of unenclosed porches, terraces, and garages.

(I) No mobile home shall be granted a location permit which is more than ten years old from the date of its manufacture.

(Ord. 2005-01, passed 2-17-2005) Penalty, see § 153.999

§ 153.079 MOTOR VEHICLES AND SALVAGE YARDS.

(A) Inoperable motor vehicles, junkyards including automobile salvage yards, and salvage yards containing parts or pieces of automobiles are permitted in I-1 and I-2 zones (see § 153.087(A)(2)(c) and (B)(2)).

(B) All uses for storage of inoperable motor vehicles, junk motor vehicles, including automobile salvage yards, and salvage yards shall be permitted by a hearing and permission granted by the County Plan Commission subject to the terms and conditions as contained in this chapter and specifically to the terms and conditions of development plan regulations as contained in § 153.087(A)(2)(c)1.

(C) No unlicensed or inoperable motor vehicle shall be allowed to remain for more than 90 days in any zone except as permitted and authorized by a permitted area authorized for such uses in I-1 and I-2 zones.

(D) These regulations are not intended to limit or restrict the hobbyist or sports car enthusiast, however, if a hobby use is claimed, the vehicles to be restored or stored shall be specifically identified to the Zoning Administrator and all restoration processes, stored vehicles, vehicles, and parts thereof shall be kept wholly within a building. The prohibitions contained herein shall be in addition to all other applicable rules or regulations relating to stored or junk cars set out in any other county ordinance or state statute regulating the subject matter.

(Ord. 2005-01, passed 2-17-2005) Penalty, see § 153.999

§ 153.080 RECLASSIFICATION.

Lands which may hereafter become unincorporated areas of the county shall be included in the A zone until changed by amendment to this chapter.

(Ord. 2005-01, passed 2-17-2005)

§ 153.081 RECORDING A DEED OF CONVEYANCE WHICH WILL RESULT IN THE CREATION OF A NEW TAX PARCEL.

Before any deed of conveyance containing a split is offered for record and which at the time of recordation will result in the creation of a new tax parcel, the same shall first be presented to the County Plan Commission Office, and if said deed meets the requirements of this chapter, including §§ 153.070 through 153.093, 153.140 through 153.165, and all other relevant portions of this chapter, the same shall be approved for transfer and legibly marked on the face thereof before the same shall be accepted for recordation by the Recorder of the county and for transfer by the Auditor of the county. There shall be no charge for the approval by the Plan Commission, but unless the deed of conveyance as required to be approved herein is so marked, the same shall not be accepted for recording or for transfer.

(Ord. 2005-01, passed 2-17-2005)

§ 153.082 PARKING REGULATIONS.

(A) Off-street parking areas. The following off-street parking areas shall be provided and satisfactorily maintained by the owner of the property for each building which is hereafter erected, enlarged, or altered for use for any of the following purposes:

(1) Each automobile parking area shall be the following minimum: Not less than 180 square feet (nine feet by 20 feet) in area;

(2) Single-family dwelling, including manufactured or mobile homes: At least two parking areas per dwelling;

(3) Multi-family dwelling: At least two parking areas per dwelling unit;

(4) Auditoriums, churches, theaters, gymnasiums, stadiums, or any other place of assembly: At least one parking area for each six seats provided for its patrons based on the maximum seating capacity including fixed and moveable seats. Note: For any church, there shall be allowed the use of joint parking facilities in connection with any buildings or use not normally open, used, or operated during the principal operating hours of a church, providing a properly drawn legal instrument is executed by the parties concerned for the joint use of such off-street parking facilities, which instrument, duly approved as to form by the County Attorney, shall be filed with an application for a zoning permit;

(5) Dancing, exhibition, labor temple, lodge hall, skating rink, or other assembly hall without fixed seats: At least one parking area for each 120 square feet of gross floor area;

(6) Hotel, motel, dormitory, fraternity house, tourist home, or other similar use: At least one parking area for each one sleeping room in addition to whatever areas may be required by any other onsite uses;

(7) Office building, bank, professional office, or other similar use: At least one parking area for each 400 square feet of gross floor area;

(8) Medical clinic or other similar use: At least three parking areas for each doctor/dentist plus one for each two regular employees;

(9) Hospital, sanitarium, convalescent home, or other similar use: At least one parking area for each three beds;

(10) Eating or drinking establishments or other similar use where customers are seated and served within a building: At least one parking area for each 200 square feet of gross floor area;

(11) Eating or drinking establishments or other similar use where customers are served outside of a building: At least one parking area for each 50 square feet of gross floor area, provided that there shall not be less than six parking areas for each such establishment;

(12) Any retail store except a food market: At least one parking area for each 300 square feet of gross floor area;

(13) Food market or other similar use less than 2,500 square feet: At least one parking area for each 250 square feet of gross floor area;

(14) Food market or other similar use of 2,500 square feet or more: At least one parking area for each 100 square feet of gross floor area;

(15) Launderette, laundromat, self-service laundry, washteria, or other similar use: At least one parking area for each two washing machines or portions thereof;

(16) Barber shop, beauty salons, or other similar use: At least three parking areas for each barber or beautician using the shop;

(17) Bowling Center: At least four parking areas for each bowling alley thereof;

(18) Schools, public and parochial: At least one parking area for each employee plus one parking area for each 20 students;

(19) Recreational vehicle park: At least one parking area on the same parcel of land for each individual recreational vehicle;

(20) Commercial or business office having a gross floor area in excess of 10,000 square feet and occupied solely by the employees of one owner: At least one parking area for each 800 square feet of gross floor area; and/or

(21) Manufacturing, processing, wholesaling, storage, or other similar industrial or commercial use not specifically set out in this section: At least one parking area for each two employees plus sufficient areas to park all company-owned or leased vehicles.

(B) Off-street parking miscellaneous.

(1) The distance to any parking area as herein required shall be measured between the nearest point of the off-street parking facility and the nearest point of the building said parking area or facility is to serve.

(2) In the case of any use not listed herein, the number of parking areas required for such use shall be the same as for a similar use which is listed. In the case of mixed uses in the same building or structure, the total requirement for off-street parking facilities shall be the sum of the requirements of the various uses computed separately from the items set out in this section, and off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as hereinafter specified for collective use.

(3) Nothing in this section shall be construed to prevent collective provisions of any off-street parking facility for two or more buildings or uses providing, however, that the total number of off-street parking areas shall not be less than the sum of requirements for the various individual uses computed separately in accordance with the items set out in this section.

(4) Any parking or loading areas established prior to the effective date of this chapter and which is used or intended to be used in connection with any main building, structure, or use or any areas designed and intended to comply with the requirements of this chapter for any such main building or structure erected after such effective date, shall hereafter be maintained so long as said building or structure remains, unless the owner provides and maintains in another location an equivalent number of required areas in conformance with the provisions of this chapter.

(5) All parking areas provided pursuant to this section shall normally be on the same lot with the building; however, the Board may permit the parking areas to be on any lot within 300 feet of the building, except for the requirements of § 153.082(A)(19). If the Board determines that it is impractical to provide parking on the same lot with the building, the requirements set forth in §§ 153.082(A)(5), 153.082(A)(7) through (A)(10), and (A)(12) may be waived by the Board in the case of a building erected or altered as a result of destruction by fire or other natural disaster, or in the case whenever the Board determines that more than 75% of the privately owned lands within 300 feet of the building to be erected, enlarged, or altered are improved with such buildings.

(1) On the same premises with every building, structure, or part thereof hereafter erected, established, or enlarged and occupied for manufacturing, storage, warehouse goods display, department store, wholesale store, market, hotel, mortuary, laundry, dry cleaning, or other uses involving the receipt of distribution by vehicles of material or merchandise, there shall be provided and maintained adequate space for standing, loading, and unloading in order to avoid undue interference with public use of the street or alley.

(2) Such space, unless otherwise adequately provided for, shall include a 12-foot by 45-foot loading space with 14-foot height clearance for every 20,000 square feet or fraction thereof in excess of 3,000 square feet of floor area used for above mentioned purposes, or for every 20,000 square feet or fraction thereof in excess of 3,000 square feet of land used for the above mentioned purposes. These requirements may, upon appeal, be increased, modified, or waived by the Board where the conditions or circumstances justify such action, provided it has obtained thereon recommendation from the County Highway Supervisor.

(D) Public parking areas. Every parcel of land which, after the effective date of this chapter, is changed to a public parking area, automobile or trailer sales area, filling station, or garage, shall be developed as follows.

(1) Such area, where subject to wheeled traffic, shall be improved with bituminous, concrete, crushed stone with an adequate base, or other equivalent surfacing and shall have appropriate bumper guards where needed.

(2) Where such area adjoins a lot in an R zone or a residential development, a solid wall, compact evergreen screen, or uniformly painted board fence having a height of not less than four feet shall be erected and maintained between such area and the property in residential areas and zones. Such enclosures shall be at least five feet from the side of a lot in an R zone or residential development, and all required front and side yards shall be properly maintained as such. Where such area is across the street from an R zone or a residential development, a compact evergreen screen having a height of not less than three feet shall be erected and maintained between such area and the property in the said zone or development, and all required front yards shall be maintained as such.

(3) Any light used to illuminate said parking area shall be so arranged as to reflect the light away from the adjoining premises in an R zone or residential development.

(Ord. 2005-01, passed 2-17-2005) Penalty, see § 153.999

§ 153.083 FLOOD ZONE REGULATIONS.

(A) Purpose of flood zone (F zone). The development of flood hazard areas of the county could result in the potential loss of life and property, create health and safety hazards, and lead to extraordinary public expenditures for flood protection and relief. The development of these areas is not essential to the orderly growth of the community, and such areas are suitable for open space uses that do not require structures or fill.

(B) Basis for establishment. The floodplain or zone (areas subject to inundation by the regulatory flood) as identified by the Federal Insurance Administration in a scientific and engineering report entitled, “The Flood Insurance Study for the County of Adams, Indiana”, dated October 16, 2003, with the accompanying flood insurance rate maps and flood boundary-floodway maps, along with any subsequent revisions to the text or maps are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study is on file in the office of the Auditor of the county and the Zoning Administrator of the county.

(C) Permitted uses. The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted by right within the flood zone to the extent that they are not prohibited by any other ordinance and provided that they do not require structures, fill, or storage of materials or equipment:

(1) Agricultural uses such as general farming, pasture, grazing, orchards, plant nurseries, and vineyards;

(2) Forestry, wildlife areas, and nature preserves; and

(3) Parks and recreational uses, such as golf courses, driving ranges, and play areas.

(D) Non-permitted uses. All development applications located in the floodplain district or zone which are not permitted by right (division (C) above) will require the review and approval by the Department of Natural Resources prior to the issuance of a local permit. The applicant shall forward all these applications along with plans and specifications to the Department of Natural Resources for review and comment.

(E) Non-conforming uses. Any building, structure, or use of land in the floodplain district or zone which is not in conformance with this chapter constitutes a non-conforming use. All applications to repair, extend, or enlarge a non-conforming use shall be forwarded to the Department of Natural Resources for review and comment. All terms and conditions imposed by the State Department of Natural Resources shall be incorporated into the issuance of any local permit.

(F) Variances. Applications for variances to the provisions of this ordinance shall be forwarded to the State Department of Natural Resources for review and comment. All terms and conditions imposed by the State Department of Natural Resources shall be incorporated into the issuance of any local permit.

(G) National Flood Insurance Program (NFIP) regulations. The Zoning Administrator of the county, during his or her review of improvement location permits, shall assure that all National Flood Insurance Program Regulations pertaining to state and federal permits, subdivision review, mobile home tie-downs standards, utility construction, record keeping (including lowest flood level elevations), and watercourse alteration and maintenance have been met.

(H) Disclaimer. Larger floods can and will occur on rare occasions. Therefore, this chapter does not create any liability on the part of the county, Natural Resources, or the state for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. 2005-01, passed 2-17-2005) Penalty, see § 153.999

§ 153.084 AGRICULTURAL ZONE REGULATIONS.

(A) Purpose of agricultural zone (A zone). The agricultural zone is intended to establish and preserve rural areas from urban encroachment until such areas are adaptable to orderly urban expansion, and to permit the full range of agricultural activities, including limited types of low density residential development and other uses customarily conducted in agricultural areas.

(B) Permitted uses.

(1) Any use permitted in the flood zone;

(2) Single-family detached dwellings, provided not more than two dwellings shall be permitted;

(3) Manufactured homes and mobile homes (subject to the requirements of § 153.078, where applicable);

(4) Parks, playgrounds, or community centers, owned and operated by a local community association for subdivisions or neighborhoods;

(5) Non-commercial institutions;

(6) Stands for the retail sale of agricultural products or commodities raised on the premises. Off-street parking shall be provided in accordance with § 153.082(A);

(7) Home occupations and home workshop/businesses;

(8) Tourist homes;

(9) Nameplate and advertising signs, provided that they shall be erected in accordance with the provisions of § 153.093(E);

(10) Riding stable of a private, non-commercial nature on at least one acre of land;

(11) Swimming pools, provided they are enclosed by an animal-proof fence of not less than three feet in height and further provided they are constructed and maintained in agreement with all County and State Board of Health laws;

(12) Accessory buildings and uses customarily incidental to any of the above uses;

(13) Normal farm operations necessary to the planting and harvesting of crops and the conduct of agriculture and agricultural uses as defined in § 153.006;

(14) (a) Ponds, provided they meet the setback of 75 feet from the toe of the mound or the water’s edge from the center of a publicly dedicated roadway. In obtaining an improvement location permit as required by § 153.007, the contractor or excavator who is to install the pond shall make application in the name of the owner of the pond and shall be responsible for obtaining the permit and displaying the permit at the job site before commencing any construction. No contractor or excavator shall do any work in installing or modifying and making improvement to any pond requiring a permit without informing the owner of the necessity thereof and personally obtaining the permit on behalf of the owner. In addition to the foregoing, the contractor, on behalf of the owner, shall obtain the written approval of the County Surveyor that the proposed pond and location thereof does not disrupt any located drainage within the county and that the pond does not create drainage runoff problems which will overload or burden any existing tile and drain.

(b) In granting said approval, the County Surveyor shall require that the pond overflow does not discharge water onto adjoining lands of other property owners and that all runoff water shall be either directed towards a swale or located tile or redirected back into the pond, whichever is applicable in order to safeguard neighboring lands from runoff water created by the construction of the pond. The minimum setback from the toe of the mound or the water’s edge, whichever is applicable, the setback from the adjoining property line shall be a minimum of 20 feet except that the County Surveyor may require a greater distance where conditions of the pond require a greater distance for adequate drainage and protection of adjoining landowners. Further, in no event shall the water’s edge of a pond or the toe of the mound be closer to any existing septic tank or absorption field of the owner’s residence or any adjoining neighbor’s residence be closer than 50 feet.

(c) The County Surveyor shall consider the requirements of State Drainage Code 36-9-27 and the applicable requirements in granting approval for any pond permit.

(15) Intensive livestock operations, subject to provisions of Chapter 112.

(C) Building size regulations. No building shall be erected for residential purposes having a floor area of less than 950 square feet per primary dwelling unit exclusive of unenclosed porches, terraces, and garages. The square footage minimum for a mobile home shall be 840 square feet exclusive of unenclosed porches, terraces, and garages.

(D) Residential dwelling density. On a tract, parcel, or lot of land, there shall be permitted two individual single-family dwellings subject to the further regulations of § 153.088.

(E) Ingress and egress easements. Where an easement is desired or necessary to serve a property not adjacent to a public road, the width of said ingress/egress easement or the deeded portion of the lot which serves as ingress and egress to said parcel shall be a minimum of 25 feet in width if the same services one residence. In the case of ingress/egress ways serving more than one lot, the minimum width shall be 50 feet.

(Ord. 2005-01, passed 2-17-2005; Ord. 2017-8, passed 5-30-2017)

§ 153.085 RESIDENTIAL ZONE REGULATIONS.

The following regulations shall apply in the R-1 single-family, R-2 multi-family, and the R-3 mobile home zones.

(A) R-1 single-family zone.

(1) Purpose. The R-1 single-family zone is intended to establish and preserve low density, single-family homes, free from other land uses except those which are compatible with and convenient to the residents of such a zone. The R-1 zone allows for single-family development in areas within the jurisdiction not readily serviceable by water and sewer facilities but desirable for residential development. Such lot sizes would be of sufficient size to adequately provide onsite water and sewer facilities for each individual single-family home.

(2) Permitted uses in an R-1 zone.

(a) Single-family detached dwellings;

(b) Manufactured homes;

(d) Swimming pools as specified under the conditions of § 153.084(B)(11);

(e) Home occupations;

(f) Home workshops/businesses;

(g) Park, playground, or community center, owned and operated by a local community association for subdivisions or neighborhoods;

(h) Pond (same as § 153.084(B)(14)); and

(i) Name plate or advertising signs, provided they shall be provided in accordance with § 153.093(F).

(3) Building size regulations in an R-1 zone. No building shall be erected in an R-1 zone having a floor area of less than 950 square feet, exclusive of unenclosed porches, terraces, and garages.

(4) Ingress and egress easements. Where an easement is desired or necessary to serve a property not adjacent to a public road, the width of said ingress/egress easement or the deeded portion of the lot which serves as ingress and egress to said parcel shall be a minimum of 25 feet in width if the same services one residence. In the case of ingress/egress ways serving more than one lot, the minimum width shall be 50 feet.

(B) R-2 multiple-family zone.

(1) Purpose. The R-2 multiple-family zone is intended to establish and preserve single-family, two-family, and multiple-family home neighborhoods, free from other land uses except those which are compatible with and convenient to the residents of such a zone.

(2) Permitted uses in a R-2 zone.

(a) Any use permitted in a R-1 single-family zone;

(b) Two-family dwellings;

(d) Multiple-group dwellings.

(3) Building size regulations in an R-2 zone. No building shall be erected in an R-2 zone having a floor area of less than 840 square feet per dwelling exclusive of unenclosed porches, terraces, and garages.

(1) Purpose. The R-3 mobile home park zone is intended to provide sites for mobile home parks at appropriate locations, in relationship to the existing and potential development of the surrounding area, while establishing an attractive residential environment. All mobile home parks shall be developed in accordance with the development plan requirements in § 153.091.

(2) Permitted uses in an R-3 zone.

(a) Mobile home parks or subdivisions;

(b) Accessory buildings;

(c) Park, playground, or community center, owned and operated by a local community association or mobile home park developer for subdivisions or neighborhoods; and

(d) Name plate and advertising signs, provided that they shall be erected in accordance with the provisions of § 153.093(G).

(Ord. 2005-01, passed 2-17-2005) Penalty, see § 153.999

§ 153.086 COMMERCIAL ZONE REGULATIONS.

The following regulations shall apply in the C-1 neighborhood commercial, C-2 rural commercial, and C-3 general commercial zones.

(A) C-1 neighborhood commercial zone.

(1) Purpose. The C-1 neighborhood commercial zone is intended to accommodate those retail and service facilities that are considered to be essential functions of residential neighborhoods.

(2) Permitted uses in a C-1 zone.

(a) Any conforming use permitted in the R-2 multiple-family zone;

(b) The following uses or uses of similar type, provided that they are conducted wholly within a building, except for off-street loading of delivery vehicles which are incidental thereto as required in § 153.082(C) and are 10,000 feet or less:

1. Bank;

2. Barber shop or beauty parlor;

3. Book or stationery store;

4. Club, lodge (non-profit), or fraternal association;

5. Confectionary store;

6. Department, furniture, or radio store;

7. Drug store;

8. Florist or gift shop;

9. Grocery, fruit, or vegetable store;

10. Hardware or electric appliance store;

11. Jewelry store;

12. Medical or dental clinic or laboratory;

13. Meat market or delicatessen;

14. Music store or newsstand;

15. Office, business or professional;

16. Photographer;

17. Restaurant, tea room, or café (excluding drive-ins);

18. Shoe store or shoe repair shop;

19. Sign painting shop;

20. Small equipment or appliance repair;

21. Tailor, clothing, or wearing apparel store;

22. Theater other than “drive-in”;

23. Tire store;

24. Variety store; and

25. Other retail business and service establishments, not specifically referred to in this chapter, selling new merchandise exclusively.

(c) Small retail shopping centers with no more than five stores totaling 50,000 square feet or less with a maximum square feet of any one store being 35,000. Establishments within such center shall be restricted to those listed in division (A)(2)(b) above;

(d) Automobile service station;

(e) Advertising devices shall be permitted, provided that they are erected in accordance with the provisions of § 153.093(H);

(f) Uses customarily incidental to any of the above uses and accessory buildings shall be permitted when located on the same lot; and

(g) Off-street parking areas in accordance with § 153.082(A).

(B) C-2 rural commercial zone.

(1) Purpose. The C-2 rural commercial zone is intended to accommodate those retail and service facilities that are considered to be essential functions of rural or agricultural areas.

(2) Permitted uses in a C-2 zone.

(a) Any use permitted in a C-1 zone provided that C-1 uses shall be subject to the same regulations as specifically set forth in the C-2 zone.

(b) The following uses or uses of a similar type pertinent to farm commodities, provided where they are within 150 feet of an R zone, they shall be conducted wholly within the building or within an area screened on all sides by a masonry wall, compact evergreen planting, or uniformly painted wood fence (not less than six feet in height) which shall be maintained between such use and adjoining R zone or use:

1. Agricultural implements, motor vehicle, or trailer sales or repair;

2. Building material sales yard, including the sale of lumber (where no millwork is provided), rock, sand, and gravel but excluding concrete and asphaltic concrete mixing;

3. Farm equipment storage yard or equipment rental establishment;

4. Feed sales;

5. Wholesale florist or greenhouse;

6. Poultry or rabbit killing incidental to retail sales on the premises; and

7. Underground bulk storage and fuel oil, liquefied petroleum gas, and gasoline in amounts not to exceed 50,000-gallon capacity.

(c) The following uses or uses of a similar type not pertinent to farm commodities, provided they meet the requirements indicated in § 153.086(C)(2)(b) shall be permitted:

1. Auction hall, amusement enterprise, including billiard or pool hall, bowling alley, boxing arena, dance hall, games of skill or science, penny arcade, shooting gallery, and the like if the nearest point of the structure is not less than 200 feet from any R zone;

2. Drive-in business where persons are served in automobiles from a refreshment stand, restaurant, food store, and the like, provided the area is screened by a masonry wall, compact evergreen planting, or uniformly painted wood fence not less than six feet in height which is erected and maintained between such uses and any adjoining R zone or residential development;

3. Drive-in movie;

4. Driving tees or ranges;

5. Funeral parlor;

6. Laundry or dry cleaning establishment, including auto-laundry;

7. Hotel or motel;

8. Printing shop;

9. Pet shop; and

10. Greenhouses and nurseries.

(1) Purpose. The C-3 general commercial zone is intended to accommodate those retail and service facilities that are convenient and attractive for a wide range of retail uses and businesses and which provide a setting conducive to and safe for pedestrian traffic.

(2) Permitted uses in a C-3 zone.

(a) Any use permitted in the C-2 zone, provided that C-2 uses shall be subject to the same regulations; except those regarding maximum height, as specifically set forth in the C-2 zone;

(b) The following uses or uses of similar type provided that, where they are within one 150 feet of a more restrictive zone (F, A, or R zone), they shall be conducted wholly within a building; except for off-street loading of delivery vehicles which are incidental thereto as required in § 153.082(C):

1. Art or antique shop;

2. Carpenter, cabinet, plumbing, or sheet metal fabricating shops but excluding manufacture;

3. Pawnshop;

4. Rescue or temporary revival mission;

5. Second-hand store;

6. Trade or business school or private school operated as commercial enterprise;

7. Home furniture upholstering shop; and

8. Wholesale merchandise storage.

(c) The following uses or uses of a similar type provided that, where they are within 150 feet of a lot in a more restricted zone, they shall be conducted wholly within a building or within an area enclosed on all sides with a solid wall, compact evergreen screen or uniformly painted board fence, not less than six feet in height except in required set back areas, the height shall be four feet:

1. Building material sales yard, including the sale of lumber, rock, sand, and gravel but excluding concrete and asphaltic concrete mixing;

2. Contractor’s equipment storage yard or plant or rental of equipment commonly used by contractors;

3. Draying, freighting, or trucking yard or terminal; and

4. Feed or fuel yard.

(Ord. 2005-01, passed 2-17-2005) Penalty, see § 153.999

§ 153.087 INDUSTRIAL ZONE REGULATIONS.

The following regulations shall apply in the I-1 light industrial/heavy commercial and the I-2 heavy industrial zones.

(A) I-1 light industrial/heavy commercial zone.

(1) Purpose. The I-1 light industrial/heavy commercial zone is intended to provide areas for light industrial and heavy commercial uses without creating adverse effects on the surrounding land use.

(2) Permitted uses in an I-1 zone.

(a) Any use permitted in a C-2 zone, provided all the uses therein shall be subject to the same regulations as specifically set forth in the I-1 zone;

(b) The following uses or uses of similar type:

1. Animal hospitals or kennels;

2. Motor vehicle assembly;

3. Painting, upholstering, rebuilding, reconditioning, repair, or overhauling of motor vehicles and tire retreading or recapping shops;

4. Blacksmith shops and machine shops;

5. The manufacture of pottery or figurines, or any other similar ceramic products, using only previously pulverized clay and kilns fired only by electricity or gas;

6. Chick hatcheries;

7. Draying, freighting, or trucking yard or terminal; and

8. Warehousing/wholesaling.

(c) The following uses or uses of a similar type, provided they shall be screened from view on the side or sides which abuts a thoroughfare or a R or C zone. Said screening shall consist of either a dense screen planting, a solid wall, a uniformly painted board fence, an earthen mound, or a combination of the aforementioned. The screening shall not be less than eight feet above an abutting thoroughfare measured vertically from the center of the road and not less than eight feet above the general topography if abutting a R or C zone:

1. Auto wrecking/salvage yard - development plan required;

2. Bleaching or dyeing - development plan required;

3. Stone cutting - development plan required; and

4. Junkyard - development plan required.

(d) Advertising devices shall be permitted, provided that they are erected in accordance with the provisions of § 153.093(H).

(B) I-2 heavy industrial zone.

(1) Purpose. The I-2 heavy industrial zone is intended to provide areas for industrial and related uses of such a nature that do not create serious problems of compatibility with other land uses and to make provision for certain commercial uses which are most appropriately located as neighbors of industrial uses or which provide necessary services to the people in these areas.

(2) Permitted uses in a I-2 zone. The following uses or uses of a similar type, provided where they are within 150 feet of a residential zone or area or commercial zone, they shall be contained wholly within a building or screened on all sides as provided for in § 153.087(A)(2)(c); except for the off-street parking and loading of delivery vehicles which are incidental thereto as required in § 153.082(A) through (C):

(a) Any use allowed in an I-1 Zone, § 153.087(A)(2)(a) through (A)(2)(d);

(b) Acetylene gas manufacture or storage;

(d) Alcohol manufacture;

(e) Ammonia or bleaching powder manufacture;

(f) Asphalt manufacturing or refining;

(g) Boiler works, locomotive, or railroad car manufacturing;

(h) Breweries or liquor distilleries;

(i) Brick, tile, terra cotta, or cinder block manufacturing;

(j) Central station light or power plant;

(k) Coal distillation including manufacture or derivation of the by-products;

(l) Coke oven;

(m) Concrete mixing plant;

(n) Furniture manufacture;

(o) Gas manufacture from coal or petroleum, or the storage thereof;

(p) Incinerator, industrially affiliated;

(q) Iron or steel foundry, steel furnace, or rolling mill, except smelting;

(r) Meat products manufacture;

(s) Oilcloth or linoleum manufacture;

(t) Paint, oil (including linseed), shellac, turpentine, lacquer, or varnish manufacture;

(u) Planing mill;

(v) Plastic manufacture;

(w) Power forge;

(x) Railroad yards, including turntables and repair facilities;

(y) Rubber or gutta-percha manufacture or treatment;

(z) Salvage yard;

(aa) Soap manufacture;

(bb) Tanning, curing, or storage of raw hides;

(cc) Tar distillation or tar products manufacture; and

(dd) Above-ground storage of fuel oil, liquefied petroleum gas, and gasoline in amounts not to exceed 50,000-gallon capacity.

(Ord. 2005-01, passed 2-17-2005) Penalty, see § 153.999

§ 153.088 HEIGHT AND AREA REGULATIONS.

(A) General height provision.

(1) Except as hereinafter provided, no building or structure shall be erected, enlarged, or reconstructed to exceed the height limit established for the zone wherein such building or structure is located.

(2) All areas governed by the Federal Aviation Administration (FAA) due to the area’s proximity near an airport or airstrip shall be regulated by the appropriate FAA height regulations.

(B) General area provisions. Except as hereinafter provided, no building or structure shall be erected on a lot unless such building, combined existing structure plus additions, conforms with the area regulations of the zone in which it is located.

(1) No lot area shall be so reduced, diminished, and maintained that the yards, other open space, or total lot area shall be smaller than prescribed by this subchapter, nor shall the density of population be increased in any manner except in conformity with the regulations herein established.

(2) Lots of record at the time of the enactment of this chapter which have less than the minimum area requirements for residential use may nevertheless be used for any use permitted therein, except that for dwellings, the lot must have a width of at least 90 feet and an area of at least 11,880 square feet.

(3) 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 chapter, shall be considered as providing a yard or open space for any other building; nor shall any yard or open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected.

(4) Every building hereafter erected shall be located on a lot as herein defined. In no case shall there be more than one residential building and its accessory building on one lot except a farm tenant dwelling may be erected on the same tract as the main farm dwelling. Row dwellings or group housing may be considered as one main residential building.

(5) At street intersections of an angle less than 60 degrees, shrubs or structures over three and one-half feet high will not be placed between the intersections of the street lines and ten feet from the building line.

(6) At each end of a through lot, there shall be a front yard of the depth required by this chapter for the zone in which each street frontage is located, and one of such front yards may serve as a required rear yard to permit accessory structures.

(7) Required lot area shall be excluded of proposed road right-of-way.

(1) Except as otherwise specifically provided in this section, no building or structure shall be erected, altered, enlarged, or reconstructed to exceed the height limits established for the district where such building is located, as follows.

Zone	Stories	Maximum Height
R-1, R-2, R-3	2	30
A, C-1, C-2	2.5	50
C-3, I-1, I-2	3	75

(2) (a) In the zones limiting height to two stories not to exceed 30 feet, any permitted structure may be increased in height to three stories not to exceed 50 feet, provided the required side yards are increased an additional one foot for each three feet such structure exceeds 30 feet.

(b) On through lots 150 feet or less in depth, the height of a building may be measured from the adjoining curb level on either street.

(c) On through lots more than 150 feet in depth, the height regulations and basis of height measurements for the street permitting the greater height shall apply to a depth of not more than 150 feet from that street.

(d) Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, fire or parapet walls, skylights, television aerials, steeples, roof signs, flagpoles, chimneys, smokestacks, wireless masts, water tanks, grain elevators, barns, silos, gas containers, material hoppers, or similar structures may be erected above the height limits herein prescribed; but no penthouse or roof 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.

(D) Lot area regulations in residential permitted zone. Except as otherwise specifically provided in this section, no residential building or structure shall be erected, altered, enlarged, or reconstructed to exceed the lot area limits established for the zone where such residential building is located, as follows.

			Required Yard Area for Each Dwelling
Zone	Minimum Width of Front Building Line	Minimum Net Lot Area (S.F.)	Number of Units	S.F. of Yard
Buildings Served by Individual Septic Systems*
A	120’	87,120 (2.0A)	1	82,120
A		174,240 (4.0A)	2	169,240
R-1	120’	87,120 (2.0A)	1	82,120
R-1	120’	174,240 (4.0A)	2	169,240
R-2	120’	87,120 (2.0A)	1	82,120
R-2		174,240 (4.0A)	2	169,240
Buildings Served by Public and Other Approved Community Sewer System**
A	100’	43,560 (1.0A)	1	16,000
R-1	100’	43,560 (1.0A)	1	16,000
R-2	120’	43,560	1	16,000
R-2		65,340	2	26,000
Other
R-3	120’	87,120 (2.0A)	1	N/A
Notes to Table: * Add two acres for each addition unit over two. * For each additional unit above two, add 20 feet to the minimum width of front building line. ** For each additional unit above two, add two acres.

(E) Yard regulations. Except as otherwise specifically provided in this section, no building or structure shall be erected, altered, enlarged, or reconstructed to exceed the yard limits established for the zone where such building is located, as follows.

(1) Each lot shall have a front yard with a minimum depth measured from, and parallel to, the edge of the nearest road right-of-way as shown on the county highway map maintained by the County Plan Commission in conjunction with the County Highway Department. Said map shall classify roads in the county as either arterial, primary, secondary, or local roads. Said designations may be changed from time to time depending upon development in the area and construction or reconstruction of the road.

Zone	Thoroughfare Type	Setback from Edge of Nearest Road Right-of-Way
All Zones	Arterial	150’
	Local (Residential Streets)	40’
	Primary	110’
	Secondary	90’
	Section and Half Section	50’

(a) Where a lot is situated between two lots, each of which has an existing main building thereon, the front yards of which are less than the minimum required front yards established herein, the front yard limit of such lot shall be the average of the front yards of said existing buildings.

(b) Where a lot abuts only one lot having an existing main building thereon, the front yard of which is less than the minimum required front yard established herein, the front yard limit of such lot shall be the average of the front yard of the existing building and the required front yard.

(c) In the case of a corner lot, the side yard width to the side street line shall be equal to at least one-half of the front yard depth limit for the district in which the lot is located. In no case shall the side yard width to the side street line be less than 20 feet.

(2) There shall be two side yards for each lot. The minimum width for each yard, along with the aggregate width for both yards, shall be as follows.

Zone	Condition	Minimum Width of One Side Yard	Aggregate Width of Both Yards
A	N/A	20’	40’
C-1, C-2, C-3, I-2, I-2	N/A	0’ but if a yard is provided, limit is 4’. However, if residential dwelling is constructed, side yard shall be the same as R-1	0’ but if a yard is provided, limit is 8’, provided however, if residential dwelling is constructed, side yard shall be the same as R-1
	First floor of C or I zone building is used for recreational purposes	6’	20’ of lot width
	C or I zone abuts a R zone	6’ plus 4’ for each C or I zone building story above first story	Twice the limit for one yard
R-1	N/A	20’	25% of lot width
R-2	N/A	20’	20% of lot width
R-3	N/A	20’	30’

(3) There shall be a rear yard for each lot, the minimum depth of which shall be as follows.

Zone	Minimum Depth
A, R-1, R-2	25% of lot depth
C-1, C-2, C-3, I-1, I-2	0’ but if a yard is provided, limit is 4’. However, if residence dwelling is constructed, rear yard will be 25% of lot depth
C or I zone abuts an R zone	20% of lot depth, not less than 20’
R-3	20’

(4) Yard limits within a mobile home park are as follows.

(a) Front yard: Minimum front yard from hitch to lot line shall be six feet; in the case of a removed hitch, the minimum front yard from trailer to lot line shall be ten feet.

(b) Side yard: Minimum side yard shall be 15 feet. Minimum distance between mobile homes shall be 30 feet; minimum distance between any additions to or projections of a mobile home and the next adjacent mobile home shall be 20 feet. In any event, the aggregate total of side yards shall not be less than 30 feet.

(5) The lot area and yard exceptions and modifications shall be as follows.

(a) Where the yard regulations cannot reasonably be complied with or their application determined on lots of peculiar shape, location, or topography, such regulations may be modified or determined by the Board, as provided for in § 153.027(A)(4).

(b) Where a lot is situated between two lots, each of which has a main building which projects beyond the ordinance established front yard line and was so maintained when this chapter became effective, the front yard requirement on such lot may be the average of the front yards of said existing buildings, provided, however, the front yard of such lot shall be not less than ten feet.

(c) Where a lot adjoins only one lot having a main building which projects beyond the ordinance established front yard line and has been so maintained since this chapter became effective, the front yard requirement on such lot may be the average of the front yard of the existing building and the established front yard line, provided, however, the front yard of such lot shall be not less than ten feet.

(d) For the purpose of side yard regulations, the following dwellings with common party walls shall be considered as one building occupying one lot: semi-detached dwellings, row dwellings, and group dwellings.

(e) The front and side yards may be waived for dwellings, motels, and lodging houses erected above the ground floor of a building when said ground floor is designed and used exclusively for business and/or industrial purposes.

(f) An accessory building, not exceeding 20 feet in height may occupy not more than 30%of the area of a required rear yard, providing it is no less than five feet from any side or rear lot line.

(g) Where a through lot has a depth of 200 feet or more, and an area of 20,000 square feet or more, said lot may be assumed to be two lots with the rear line of each approximately equidistant from the front lot lines, provided all area requirements are complied with.

(6) Yard projections are as follows.

(a) A porte cochere may be permitted over a driveway in a side yard, provided such structure is not more than one story in height and 20 feet in length, and is entirely open on at least the front and rear sides, except for the necessary supporting columns and customary architectural features; provided, however, said porte cochere does not extend to within six feet of a side lot line.

(b) A cornice, eave bolt course, sill, canopy, or other similar architectural feature (not including bay window or other vertical protection) may extend or project into a required front, side, or rear yard not more than two feet, provided the width of such side yard is not reduced to less than three feet.

(d) An open, unenclosed stairway or balcony, not covered by a roof or canopy, may extend or project into a required rear yard, and such balcony may extend into a required front yard not more than 30 inches.

(e) An open, unenclosed porch, platform, or land place not covered by a roof or canopy, which does not extend above the level of the first floor of the building, may extend or project into any required side yard not more than four feet and into any required front or rear yard not more than eight feet.

(f) A fence, lattice-work screen, or wall in connection with residential use, not more than six feet in height, but not to extend into the required front yard, or a hedge or thick growth of shrubs, maintained so as not to exceed four feet in height, may be located in any required front or side yard.

(g) A landscape feature such as trees, shrubs, flowers, or plants shall be permitted in any required front, side, or rear yard, provided it does not violate the provisions of § 153.088(E).

(F) Recreational space requirements.

(1) A recreational space requirement is required for all R-1 and R-2 zones and any agricultural or other zone where residential housing is being planned or proposed.

(2) (a) The following standards are to be utilized in the evaluation of all required recreation space in a Commission approved development plan and in the approval of subdivisions requiring recreational space.

(b) The Commission approved recreation space shall be approved in all zones as defined in § 153.088(F)(5). The purpose of providing this base shall be to meet the immediate and future recreational needs of the development’s residence and a neighborhood setting. Recreation space may be provided in a centrally located site, in distinctly separate sites, as connecting links between separated activity areas, or adjacent to other existing or proposed recreation spaces. The Commission shall determine if the proposed recreation space is suitable for the intended use. Consideration shall be given to the location of the proposed recreation space, and it shall be reasonably close to and adjacent to residential areas or centrally located between phased developments. Wasteland or land undesirable for development shall not be substituted for recreational space unless its location and suitability is consistent with recreational use.

(3) All developments with recreational space must contain acceptable covenants which, in the opinion of the Commission, ensure adequate maintenance of those recreation spaces.

(4) Recreational space shall be required when, in the opinion of the Commission, it would be desirable for the proposed development considering the surrounding area and the density of families benefitting from open space and recreational uses. Therefore, a recreational space requirement may be required by the Commission for minor subdivisions if, in the opinion of the Commission, all the above criteria are present and it would be desirable for the proposed development and surrounding area to have recreational space included as part of the plan. Unless extenuating circumstances exist, recreational space will generally not be required in the case of minor subdivisions.

(5) Recreational space shall be required in all major subdivisions of more than ten lots and may be required in major subdivisions of ten or fewer lots if, in the opinion of the Commission, it is determined that such recreational space is desirable and necessary to the orderly development of the area. In major subdivisions of over ten lots, the minimum amount of recreational space which shall be required shall be a minimum of 10% of the total area developed with a minimum of 32,670 square feet.

(6) The term RECREATIONAL SPACE shall be interpreted to mean void of non-recreational structures, street rights-of-way, open parking areas, and driveways for dwellings. The space qualified for RECREATIONAL SPACE shall be made reasonably level and suitable for organized or unorganized play and recreation by children and adults. The developer may, but is not required to, provide specific playground equipment and physical improvements.

(7) Space intended for limited recreational activity or other uses, such as a golf course, to which all residents of the development may not be permitted free access because of the payment of a fee or charge, shall not qualify in meeting the recreational space requirement herein.

(Ord. 2005-01, passed 2-17-2005; Ord. 2017-04, passed 4-11-2017; Ord. 2017-8, passed 5-30-2017) Penalty, see § 153.999

§ 153.089 PLANNED UNIT DEVELOPMENTS.

(A) Purpose.

(1) A planned unit zone is intended to encourage innovative developments in certain zones that will not distract from the original zone intent.

(2) Developers of land in a planned unit zone will be offered flexibility in design and development. As a means to this flexibility, regulations governing lot size, yards, and building location may be varied, subsequent to approval by the Plan Commission through the development plan process, § 153.092.

(a) Planned Unit Developments may be located only on lots, parcels, or tracts of land of four acres or more in R-2, C-1, C-2, C-3, I-1 and I-2 zones. Planned unit zones are identified by a “P” designation following the permitted zone.

(b) Corresponding zones are as follows.

Regular Zones	Corresponding Planned Unit Zone
C-1	C-1P
C-2	C-2P
C-3	C-3P
I-1	I-1P
I-2	I-2P
R-2	R-2P

(B) Planned residential zone.

(1) The intent of a planned residential zone (R-2P) is to encourage innovative multiple-family residential communities and allow the developer of such communities the maximum amount of flexibility in design and development.

(2) The uses permitted in the zone shall be the same as those permitted within the R-2 zone as found in § 153.085(F).

(1) The intent of a planned commercial zone (C-1P, C-2P, or C-3P) is to provide for and encourage the grouping of businesses into centers and complexes, incorporating modem concepts of service and design.

(2) The uses permitted in each zone shall be the same as those permitted within the corresponding C-l, C-2, or C-3 zone as found in § 153.086.

(D) Planned industrial zone.

(1) The intent of a planned industrial zone (I-1P or I-2P) is to provide a means for industrial land uses, regardless of overall size or acreage, to develop in accordance with a set plan and in consideration of the surrounding land use, especially within transitional areas.

(2) The uses permitted in each zone shall be the same as those permitted within the corresponding I-1 or I-2 zone as found in § 153.087.

(Ord. 2005-01, passed 2-17-2005) Penalty, see § 153.999

§ 153.090 DEVELOPMENT PLAN REGULATIONS.

(A) Purpose of development plan. A development plan is intended to provide all pertinent information about a proposed development so the Plan Commission may make a knowledgeable decision whether or not the proposed development meets all the requirements of this chapter and the goals and objectives of the County Master Plan.

(B) Required developments for development plan.

(1) The development plan procedure, hereafter set forth, shall be required for the following developments:

(a) All minor and major subdivisions of land;

(b) All mobile home parks. Additional requirements are provided for in § 153.091;

(d) All intensive livestock operations. Requirements are provided in Chapter 112;

(e) All commercial multiple-group dwelling developments on lots, parcels, or tracts of land over two acres;

(f) All multiple-group dwelling development;

(g) All C-1 principal use developments on lots, parcels, or tracts of land over two acres. Accessory buildings under 5,000 square feet are excluded from the development plan procedures;

(h) All C-2 and C-3 principal use developments. Accessory buildings under 5,000 square feet are excluded from the development plan procedures;

(i) All I-1 and I-2 principal use developments. Accessory buildings under 5,000 square feet are excluded from the development plan procedures; and

(j) All uses contained in § 153.087(C)(3).

(2) A subdivision plat shall be required along with a development plan as long as a subdivision of land, as defined, is occurring as a result of this development. Both development plan and subdivision plat processes may be done concurrently with any duplicated requirements being counted for both processes.

(C) Pre-application review. A pre-application review between Zoning Administrator and developer is recommended at least 15 days prior to official application for primary approval of a development plan. The purpose of this pre-application review is as follows:

(1) To inform the applicant of the standards and requirements of all applicable ordinances, including the Comprehensive Plan;

(2) To review the various procedures and submission requirements;

(3) To review with the applicant any inherent limiting characteristics of the specific site or surrounding areas; and

(4) To reduce the time period between initial application and Plan Commission approval.

(D) Application for primary approval of development plans.

(1) The application for primary approval of a development plan shall be submitted in duplicate to the Commission on a form approved by the Commission, shall be signed by the owner(s) of record, and shall contain a statement specifying the intentions of the owner respecting the proposed land use of the development, deed restrictions, drainage, sewage disposal, water facilities, and the intended date of the development. At the time of the submission of the application, the applicant shall pay to the Commission the filing fee established by rule of the Commission.

(2) A tracing and two copies of the proposed development plan shall be submitted to the Commission at the time the application for primary approval is filed. The proposed development plan shall represent the entire tract which the applicant intends to develop and over which he or she has an ownership or financial interest and/or control, or that portion of the entire tract for which further public hearing is required by the Commission following the initial primary approval of the development plan for the overall site.

(3) The development plan for which an application for primary approval is submitted shall contain the supporting data and site plan and supporting maps described below. This information is to be submitted for all of the site included in the application. Applications can be reviewed only for those areas for which all required submission data have been presented.

(a) Supporting data.

1. A development schedule indicating the approximate date when construction of the development (or stages of the development) can be expected to begin and be completed;

2. Information on the number and type of structures, parcel size, proposed lot coverage of buildings and structures, together with gross residential densities, type of dwelling units, and net density per type of dwelling unit when mixed use, where applicable;

3. Statements identifying the intended means of assuring permanency, continuance, and maintenance of all open/recreation spaces to be dedicated for use by residents of the development and/or the general public, where applicable; and

4. Proposed restrictive covenants, if applicable.

(b) Site plan and supporting maps.

1. Date, scale (graphic and written), north point, name and address of designer and/or engineer, name and address of the developer, and proposed name of the development;

2. A generalized legal description of the total site as well as dimensions of the boundaries of the tract including generalized bearings and distances, measured from a section corner;

3. The existing site conditions including contours, (at a predetermined interval), watercourses and drainage ways, floodplain elevations, wooded areas, soil types (including interpretation of character), and other unique natural features;

4. The location, minimum size, and configuration of areas to be conveyed, dedicated, or otherwise reserved as common open spaces, parks, recreational areas, school sites, and similar public and semi-public uses, where applicable;

5. The existing and proposed vehicular circulation system, including right-of-way widths and driving surface widths of streets, off-street parking areas, service areas, loading areas, street names, intersection radii, street dedications, and points of access to public rights-of-way, where applicable;

6. The existing and proposed pedestrian circulation system, including links with nearby land uses, where applicable;

7. Proposed lot and/or tract lines, lot numbers, lot dimensions, easements, and building lines. Those areas to be subdivided pursuant to the terms of §§ 153.140 through 153.165 shall conform to same and be clearly delineated on the development plan;

8. The proposed treatment of the perimeter of the site, including materials and techniques to be used such as screens, fences, walls, and landscaping; and

9. The following generalized feasibility information:

a. Street width and type of surfacing material;

b. Sanitary sewer pipe location, septic tank, manhole locations, and invert at point of connections to existing facilities;

c. Water line and fire hydrant locations to point of connection to existing facilities;

d. Storm sewer improvement locations including pipe, manhole, and catch basin locations, detention basin location, capacity and appropriate elevations, storm drainage flow lines; and

e. Street lighting fixtures locations, when applicable.

(E) Hearing procedure for primary approval; action by Commission.

(1) Within 30 days after the date of receipt of the plan application for primary approval, the proposed development plan, and the filing fee, the Zoning Administrator shall announce the date and time of the public hearing for primary approval of the development plan to be held before the Commission. The Zoning Administrator shall also provide notice of such hearing, as follows:

(a) By publication in accordance with I.C. 5-3-1;

(b) To the applicant, in writing, by means of regular United States mail, postage prepaid, addressed to the applicant at the address listed in the application for approval;

(c) To all public agencies and governmental units having a probable interest in the proposed plat, furnishing a copy thereof and requesting their written comments with regard thereto; and

(d) To such other interested parties and in such manner as the Commission may designate by rule.

(2) The public hearing for primary approval of the proposed development plan shall be conducted in accordance with such procedures as the Commission may adopt by rule.

(3) After public hearing upon the proposed development plan, the Commission shall determine if it complies with and satisfies the standards prescribed for primary approval under this chapter. Within a reasonable time after such hearing, the Commission shall either grant, with or without conditions, or deny primary approval of the proposed development plan and enter written findings and decision in accordance with such action, signed by any one of the following: the President, the Vice President, the Secretary, or the Zoning Administrator of the Commission; provided however, that if primary approval is denied, the written findings entered by the Commission shall set forth the reasons for such denial.

(4) Notice of the Commission’s decision upon the application for primary approval shall be provided by furnishing a copy of its written findings and decision to the applicant and to such remonstrators or other interested parties, if any, as the Commission may designate by rule. Such notice shall be furnished by the Zoning Administrator within five days after the Commission’s decision in the manner prescribed by the Commission, by rule duly adopted.

(5) Primary approval of a development plan by the Commission shall be valid for one year from the date of approval, unless the applicant, prior to the expiration of such one-year period, shall have applied for and received the Commission’s approval for an extension of time to obtain secondary approval. If, by the expiration of such initial one-year period of time, or during any period of extension approved by the Commission, the applicant does not obtain secondary approval of all or part of the area included in the development plan for which primary approval had been granted, then the primary approval granted for the development plan shall lapse and be considered as null and void. In the event the Commission grants secondary approval for only a portion of the development plan, the applicant thereafter will not be obligated to adhere to any time limitations for requesting secondary approval of the remainder of the development plan.

(F) Application for secondary approval of development plans.

(1) The applicant shall have the responsibility to notify the Zoning Administrator of the Commission in writing of his or her intent to seek secondary approval of either all or a portion of the development plan. In the event the applicant intends to seek secondary approval of only a portion of the development plan, the applicant shall specifically describe and designate such areas so as to reasonably identify the same. The applicant shall also at that time file with the Commission Staff the development plan in the form and with the contents prescribed hereinafter. The Zoning Administrator shall then cause to be scheduled a meeting of the Plan Commission for the purpose of reviewing the development plan and determining whether secondary approval shall be granted, and provide notice to the applicant of the date and time of such meeting. No other notice of such meeting need be given, except as required by law. The Zoning Administrator shall then review all submissions made by the applicant to ensure the requirements for secondary approval stated in this chapter have been satisfied.

(2) The Commission will consider secondary approval of a development plan only after the applicant has accomplished the following:

(a) Filed with the Commission a complete set of plans and specifications for the development of all streets, sewers, water supply, and other utilities and facilities proposed to be installed in conjunction with the development plan, in accordance with the requirements of this chapter;

(b) Delivered to or filed with the Commission all necessary approvals and acceptances from all applicable agencies and authorities;

(c) Paid in full to the Commission all costs incurred for the furnishing of notice required under this chapter and/or by rule of the granting of primary approval of the development plan by the Commission; and

(d) Filed with the Commission the development plan in the form and with the contents prescribed hereinafter.

(3) The development plan for which secondary approval is sought shall be submitted to the Commission in the form of an original reproducible plan sheet, drawn in ink, and shall be a complete and accurate layout of the project and shall contain any and all additions, corrections, and deletions required by the Commission. Such development plan shall also include the following information:

(a) Supporting data.

1. Legal description of the parcel of real estate for which secondary approval is sought;

2. Restrictive covenants including provisions for open space maintenance, when applicable;

3. Traverse closure;

4. Construction performance schedule and accompanying development plan indicating delineations of specific areas. If applicable, those areas required to have open space shall include the time of the development of recreational or other facilities within the open space. The development plan shall also indicate the location of any construction access roads and their relationship to the staging of development;

5. Letters of comment from the County Surveyor’s office, Health Department, and other public agencies having approval over the wastewater disposal system and fresh water supply system;

6. Letters from the utilities serving the area, setting forth their ability to serve the development; and

7. Such additional information as may be required by the Commission.

(b) Site plan and supporting maps.

1. Date, scale (graphic and written), north point, name and address of the designer and/or engineer, name and address of the developer of the tract, and name of development;

2. Dimensions of the boundaries of the tract, including bearings and distances and the exact location of all existing and recorded streets intersecting the boundary of the tract;

3. Section or reserve lines or other legal points of reference and distances to same;

4. Building lines, lot lines, easement locations, and dimensions;

5. Lot numbers and individual addresses for each lot;

6. Plans, profiles, cross-sections and names, location and geometries for streets, and entrances onto public rights-of-way, including acceleration, deceleration, and passing lanes, and dedication documents when applicable;

7. Plans and cross-sections for pedestrian walkways;

8. Easements such as pedestrian, utility, drainage, and the like;

9. Sanitary and storm sewer plans and profiles, and water line plans;

10. Parking areas, including plans, cross-sections, and landscaping details;

11. The length of all arcs and radii, central angles, internal angles, points of curvature and tangency, the length of all tangents, intersection radii, and right-of-way widths;

12. Lighting plan, including areas to be lighted, the type of fixtures to be used, and the lighting intensity level for all areas to be lighted, when required;

13. Landscape plans, including the location of all landscape materials and elements, which requirement is waived in those areas used for single-family residential purposes; and

14. Such other data which may be required by the Commission.

(G) Action by Plan Commission for secondary approval of development plans.

(1) Within a reasonable time following the applicant’s satisfaction of all requirements for secondary approval stated under division (F) above, the Plan Commission shall either grant, with or without conditions, or deny secondary approval of the development plan. If secondary approval is denied, the Plan Commission shall, within five days thereafter, furnish the applicant with a written list of the reasons for such denial.

(2) Notwithstanding the requirements of the ordinance for submission to the Plan Commission, the Plan Commission may, upon written request by the applicant, supported by evidence that all submissions have been timely filed, grant secondary approval of a development plan although one or more of such approvals may not have been delivered to or received by the Plan Commission. The Plan Commission may grant such secondary approval only when the applicant provides a written statement made under oath and approved by the Plan Commission or the Commission Staff, for recordation as a protective covenant or supplement thereto, stating that the applicant will cause to be provided at his or her cost all things necessary to attain or accomplish the delivery of the required approval(s) which shall not then have been delivered to or received by the Commission. If the applicant does not then deliver such approval(s) in a timely fashion, the Commission is hereby empowered to refuse to issue either improvement location permits or certificate of occupancy permits. Once the applicant has thereafter secured and delivered to the Commission the required approval(s), the Zoning Administrator shall then execute a recordable document, which shall be recorded by the applicant at his or her expense, rescinding the aforesaid recorded written statement.

(H) Issuance of permits.

(1) Prior to the issuance of an improvement location permit for any use in a zone wherein a development plan is required, the following matters shall be accomplished:

(a) The Commission shall have granted primary and secondary approval of the development plan in accordance with this subchapter and the County Comprehensive Master Plan; and

(b) The applicant shall have duly recorded in the office of the Recorder of the county the utility easements, rights-of-way, plats, deed restrictions, or any other legal instruments required, and in the form approved, by the Commission.

(2) The requirement for such approval of a development plan, prior to the issuance of an improvement location permit, shall also specifically apply to any residential condominium development which is subject to the requirements of I.C. 32-25, as the same may be amended from time to time, regardless of whether the zoning district in which the subject real estate is located required approval of the development plan for the intended use under this chapter. Such a condominium development shall be subject to all requirements set forth in division (F) above.

(I) Amendments to approved development plan.

(1) After the Commission has granted either primary or secondary approval of a development plan, any amendments thereto shall be submitted by the applicant to the Zoning Administrator by way of an amended application for the type of approval sought, on a form prescribed by the Commission. Any such application shall also be accompanied by the pertinent submissions required under this chapter for the proposed amendments involved, together with the requisite filing fee if a public hearing is required hereunder to be held upon the amended application.

(2) Any application submitted for amendment of a development plan following the granting by the Commission of primary approval, but prior to the granting of secondary approval, need contain only the signature(s) of the original applicant(s), or the successors in interest thereto. After secondary approval of a development plan has been granted, any applications for proposed amendments thereto shall contain the signatures of all owners of record, as shown in the real estate master file maintained by the Auditor of the county, at the time such application is filed, of the real estate included in that portion of the development plan for which secondary approval had previously been granted and for which amendment is being sought.

(3) If in the opinion of the Zoning Administrator, the amendment to the development plan proposed in such application is substantial, in terms of the scope of the overall project and/or the possible impact upon the community and land uses, both existing and planned, which surround the area included in the development plan, then the Zoning Administrator may either require the matter to be heard by the Commission, at a public hearing, or defer such decision to the Plan Commission for a determination of such public hearing. In the event such determination is to be made by the Plan Commission, notice of the date and time of the meeting of the Plan Commission at which such determination is to be made shall be given by the Zoning Administrator to the applicant. No other notice need be given, except as required by law. Any action by the Plan Commission in determining whether a public hearing must be held before the Commission upon the amendments proposed by the applicant shall be a final decision, which may not be appealed to the Commission except by a dissenting Plan Commission member as provided by rule.

(4) Notwithstanding the foregoing provisions, nothing in this division (I) shall preclude the Commission from requiring, as a condition for the granting of primary approval of an overall development plan, that subsequent public hearings be conducted before the Commission, as to any portions of the overall development plan or any later amendments, alterations, or modifications proposed with regard thereto. The Commission may, however, waive any procedural or submission requirements otherwise provided under this chapter it may deem necessary when reviewing a change to an approved development plan.

(5) If the Commission requests, or is required under the provisions of this chapter, to conduct a second or subsequent public hearing for approval of a development plan or an amendment thereto, then such hearing shall be conducted and notice furnished in accordance with the provisions of this chapter and the pertinent rules duly adopted by the Commission.

(J) Development plan design standards. The following minimum design standards shall apply to all site improvements on real estate for which a development plan is required. Individual zoning districts may also supplement the following standards with more detailed standards pertinent to individual districts.

(1) Environmental design.

(a) It is the intention of the Plan Commission to encourage the preservation of natural site amenities and to minimize the disturbance to the natural environment.

(b) Existing trees and other natural features shall be preserved whenever possible. The location of these features must be considered when planning common open space, location of buildings, underground services, walks, paved areas, and finished grade levels. The Commission may inquire into the means whereby natural features will be protected during construction.

(2) Building separation. In reviewing the location of all structures within the development plan boundaries, the Commission shall determine that said structures are located to allow adequate light, air, ease of entry, and access by emergency vehicles. For those districts without specified yard requirements, the Commission shall be guided by the following:

(a) That the open areas provided around the building be sufficient to provide the occupants of the structure with adequate light and air from all outside walls which contain windows or doors;

(b) That sufficient space is provided for access and entry to buildings from all streets, parking lots, and other buildings; and

(c) That in the event lots for one-family or two-family dwellings are to be sold prior to construction and the applicant cannot indicate structures on the development plan, said structures shall be subject to the yard provisions of the Zoning and Subdivision Ordinances for the R-1, R-2, and R-3 districts or other Commission-approved minimums, unless specifically waived.

(3) Vehicular circulation facilities. All present and future dedicated right-of-way widths and street improvements shall meet the requirements of §§ 153.140 through 153.165 as now or hereafter amended.

(4) Pedestrian circulation facilities. Pedestrian walkways shall be constructed in a location and to specifications approved by the Commission. Such walkways shall provide for pedestrian circulation throughout the development and shall be separated from vehicular traffic. Where distance separation cannot be achieved, physical separation may be required in cases which the Commission deems necessary.

(5) Sanitary sewage disposal and water supply systems. All water supply and sanitary sewage disposal systems, whether private or public in nature, shall be subject to compliance with local, and where appropriate, state agency requirements. Plans must be submitted to and approved by the appropriate agencies.

(6) Recreation space requirements.

(a) Recreational space requirements and the criteria for approval in the development plan and/or platting of applicable subdivisions are contained in § 153.088(F). The following standards are to be utilized in the evaluation of all required recreation space, in a Commission approved development plan.

1. Commission approved recreation space shall be provided in all residential zones as defined in § 153.088(F). The purpose of providing this space shall be to meet the immediate and future recreational needs of the development’s residents in a neighborhood setting. Recreation space may be provided in a centrally located site, in distinctly separated sites, as connecting links between separated activity areas, or adjacent to other existing or proposed recreation spaces. The Commission shall determine if the proposed recreation space is suitable for the intended use. This requirement may be waived when, in the opinion of the Commission, the applicant has satisfactorily demonstrated that he or she has provided alternative methods for meeting the recreational needs of his or her development’s residents.

2. All developments with recreation space must contain acceptable covenants which, in the opinion of the Commission, ensure adequate maintenance of those recreation spaces.

(b) The term RECREATION SPACE shall be interpreted to mean void of non-recreational structures, street rights-of-way, open parking areas, and driveways for dwellings.

(c) Space intended for limited recreational or other uses, such as a golf course, to which all residents of the development may not be permitted free access because of the payment of a fee or a charge, shall have a maximum of three-fourths of said space utilized in meeting the recreation space requirements of the total development.

(7) Paving. All access drives and off-street parking facilities shall either be paved with concrete or with other approved surfacing material to adequately provide a durable and dust-free surface.

(8) Parking standards.

(a) Parking areas may be required to be arranged so as to prevent through traffic to other parking areas.

(b) Parking areas shall be screened from adjacent non-related structures, roads, and traffic arteries with plantings, earth berms, walls, or changes in grade, when deemed necessary by the Commission.

(d) When it is in the interest of safety and better vehicle and pedestrian circulation, the Plan Commission may require the use of landscape elements to provide physical separation of use areas.

(e) All parking areas shall be adequately lighted. All such lighting shall be so arranged as to direct the light away from adjoining real estate.

(f) All parking areas and off-street loading areas shall be graded and drained to remove all surface water without erosion and flooding.

(9) Street lighting. Street lighting shall be provided in all residential developments. Alternative street lighting proposals will be considered by the Commission if found to be appropriate in scale and intensity. Where pedestrian facilities are separated from streets to the extent that they are not adequately lighted from the street light facilities, separate lighting facilities shall be provided on such pedestrian facilities.

(Ord. 2005-01, passed 2-17-2005; Ord. 2017-04, passed 4-11-2017) Penalty, see § 153.999

§ 153.091 DEVELOPMENT PLAN REGULATIONS FOR MOBILE HOME PARKS.

(A) Primary approval. Prior to issuance of an improvement location permit in a R-3 mobile home park zone, the Commission shall grant primary approval of a development plan for the entire tract and secondary approval either for the entire tract or that portion of the tract in which improvements are to be located. The submissions and procedures required to obtain such development plan approval are set forth in § 153.090.

(B) Action on proposed development plans. In determining the action to be taken on a proposed R-3 development plan, the Commission shall be guided by the design standards set forth in § 153.090(I) and supplemented below.

(1) The wheels shall be removed from each mobile home occupying a lot in the park.

(2) Each mobile home shall be supported under all exterior walls by a permanent foundation completely enclosing the undercarriage.

(3) Each mobile home occupying a lot in the subdivision shall contain a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities, and plumbing and electrical connections designed for and attached to appropriate external systems.

(4) The developer shall provide a substantial and attractive fence of at least six feet in height or a dense evergreen screen planting of at least six feet in height after one full growing season, when adjoining property is zoned or used for residential purposes. When said park is adjacent to an arterial thoroughfare, the park yard fronting on the thoroughfare shall be landscaped and maintained.

(5) Provision must be made, in every mobile home park, for a road in front of every lot. The road surface shall be of the all-weather type with a traffic surface of not less than 20 feet in width, properly crowned and graded; When off-street parking is not utilized, a parking surface of eight feet in width shall be provided along each side of said traffic surface. When such roads come in contact with any public roads or highway, reinforced concrete sewer pipe with cemented joints or continuous iron or steel pipe shall be installed to provide drainage. The cost of such pipe shall be defrayed by the owner or operator of the park, and the installation shall be approved by the County Highway Supervisor and the County Surveyor. All roads within the park must be accessible for traffic at all times and shall be maintained in first class condition. Roads in any mobile home park may be accepted into the county road system; however, if they are not acceptable, the operator shall provide for their maintenance.

(6) All R-3 mobile home park zones shall have open space, unless waived by the Commission, at a rate of 200 square feet per mobile home lot. The Commission may require recreational space the same as set out in § 153.088(F)(5).

(7) In addition to the parking regulations in § 153.082(A)(1), the mobile home park developer shall provide two parking areas per each lot.

(8) Sidewalks of 36-inch minimum width shall be provided by the developer; said sidewalks shall serve each lot and mobile home.

(9) Street lighting shall be provided by the developer. The light value on all occupied streets shall be a minimum of one-tenth footcandle.

(10) Water supply shall be from a municipal water service or from approved and protected driven wells that meet all test requirements, provided with tight, elevated concrete platforms, and which will not be subject to overflow or surface drainage. The source and supply of the water for human consumption must meet all the requirements of the County and State Boards of Health. The use of open wells, springs, cisterns, or open storage tanks for human consumption is unlawful and shall constitute a violation of the terms of this chapter.

(11) (a) Mobile home parks must be kept in clean and sanitary condition and provided with suitable covered metal receptacles for garbage, waste, litter, and trash. Receptacles must be emptied once a week, and the contents of same must be disposed of immediately by other approved means of regular collection by a garbage disposal service.

(b) Liquid wastes from mobile homes shall be collected by a sewage system which has a trapped outlet available to each lot or unit plot and which shall discharge into an approved sewage disposal system. The use of buckets as a depository for waste is unlawful.

(12) Primary treatment of all sewage shall be through a sewage disposal process which meets all state and local health requirements. A percolation test which meets the requirements of the prevailing county and state regulations shall be required of all septic tanks. All sewage disposal plants or lagoons shall be approved by the County and State Board of Health prior to use. All mobile home parks shall provide at least one service building and the supervision and maintenance of mobile home parks shall comply with all provisions of I.C. 16-41-27 et seq.

(13) All mobile homes occupying any lot in the county must be kept in such operating condition that they may be removed or placed in transit within 24 hours upon legal service of the Sheriff or other law enforcement officer.

(C) Mobile home park regulations. Every owner, agent, lessee, person, firm, or corporation that operates or manages any area, tract, subdivision, or any part thereof for the use as a mobile home park shall file with the Commission, at the time of opening the park for occupancy, a mobile home park registration. The form shall be furnished by the Commission. Before renting or leasing any unit plot, the owner or operator, or agent of the owner or operator, shall submit one original mobile home park registration form to the Commission and a copy of the form to each of the following:

(1) The mobile home park operator;

(2) The State Board of Health;

(3) The school superintendent of the school district in which the park is located;

(4) The County Sheriff; and

(5) The County Board of Health.

(Ord. 2005-01, passed 2-17-2005) Penalty, see § 153.999

§ 153.092 DEVELOPMENT PLAN REGULATIONS FOR PLANNED UNIT DEVELOPMENTS.

(A) Planned residential zone.

(1) Prior to issuance of an improvement location permit in an R-2P zone, the Commission shall grant primary approval of a development plan for the entire tract and secondary approval either for the entire tract or that portion of the tract in which the improvements are to be located. The submissions and procedures required to obtain such development plan approval are set forth in § 153.090.

(2) In determining the action to be taken on a proposed planned residential zone development plan, the Commission shall be guided by the design standards set forth in § 153.090(I) and supplemented in divisions (A)(2)(a) and (A)(2)(b) below.

(a) The maximum permitted density per acre for the R-2P planned residential zone is eight dwelling units per gross acre.

(b) All regulations will be equal to those in the corresponding R-2 zone unless specifically waived by the Commission at the time of development plan approval. In the event the Commission waives any regulations, it must find that the general intent, spirit, and purpose of the zone are met.

(B) Planned commercial zone.

(1) Prior to issuance of an improvement location permit in a planned commercial district, the Commission shall grant primary approval of a development plan for the entire tract and secondary approval either for the entire tract or that portion of the tract in which the improvements are to be located. The submissions and procedures required to obtain such development plan approval are set forth in § 153.090. The Commission, during its review process, will consider the following items.

(a) Jointly used parking facilities will be encouraged by the Commission, thereby reducing the number of individual entrances and exits to thoroughfares.

(b) The applicant shall submit a set of sign standards to be reviewed by the Commission. Said standards will be approved as part of the secondary development plan, and joint use of signs will be encouraged where deemed necessary by the Commission.

(2) In determining the action to be taken on a proposed development plan, the Commission shall be guided by the design standards and policies established in § 153.090(I) and supplemented in divisions (B)(2)(a) and (B)(2)(b) below.

(a) All regulations shall be equal to those in the regular C zones unless specifically waived by the Commission at the time of development plan approval; and in the event the Commission waives any regulations, they must find that the general intent, spirit, and purpose of the zone are met.

(b) The Commission shall require 10% of the net site area to be landscaped; landscaping elements include, but are not limited to, planting beds, islands, embankments, and other aesthetic areas.

(1) Prior to issuance of an improvement location permit in a planned industrial district, the Commission shall grant primary and secondary development plan approval for the total site. The submissions and procedures required to obtain such development plan approval are set forth in § 153.090. The Commission, during its review process, will consider the following items:

(a) Jointly used parking facilities will be encouraged by the Commission, thereby reducing the number of individual entrances and exits to thoroughfares.

(a) All regulations shall be equal to those in the regular districts unless specifically waived by the Commission at the time of development plan approval.

(b) In the event the Commission waives any requirements, they must find that the general intent, spirit, and purpose of the zone are met.

(Ord. 2005-01, passed 2-17-2005) Penalty, see § 153.999

§ 153.093 SIGNAGE REGULATIONS.

(A) Purpose of signage regulations. Signage regulations are intended to promote the public health, safety, and welfare by regulating existing and proposed signs. They are also intended to protect property values and reduce potential hazards while creating a positive economic and business environment.

(B) General provisions for all signs.

(1) All new signs in excess of 20 square feet and not an integral part of another structure shall require a sign permit unless excepted from the terms of this chapter by division (C) below.

(2) All signs, either temporary or permanent, shall be maintained in a presentable manner for the life of the sign.

(3) Any non-conforming sign that is or becomes in a rundown or objectionable condition shall be removed from the premises by the owner of said sign. Said condition shall exist when the sign is determined to be in excess of 30% destroyed by natural causes or otherwise.

(4) Any non-conforming advertising sign existing upon effective date of this chapter shall be discontinued on or before ten years after the effective date of this subchapter unless, in the meantime, it is determined or made conforming to this section.

(5) Advertising signs may contain not more than one sign per facing, nor more than two sides per said device.

(6) Any sign that is deemed a traffic hazard for reason of obstructing the view of an approaching road or intersection, railroad, school playground or park pedestrian crosswalk, or any other situation that may endanger health and welfare of any pedestrian or occupant of any vehicle shall be prohibited.

(7) All signs shall be a minimum of 1,320 feet from another sign located on the same side of a two-lane state, federal, or county highway. Where located in a commercial zone, there shall be a separation requirement of 600 feet. Where located in an industrial zone, there shall be a separation requirement of 300 feet. (No series of signs relaying a message are allowed in any zone.) This provision only applies to the unincorporated areas of the county.

(8) Any sign which advertises a product or service no longer available on the premises of a business which has closed permanently or moved from the premises shall be removed by the owner of such premises.

(9) Semi-trailers shall not be used as advertising signs.

(1) All signs necessary established by the Federal, State, and County Highway Departments;

(2) Temporary advertising signs or signs giving directions to special events. The sponsors of such events shall remove all signs within 25 hours after the signs become no longer applicable;

(3) Window signs;

(4) Public or government signs;

(5) “No trespassing,” “no dumping,” “no parking,” and “no hunting” signs; and

(6) Political signs.

(D) Signage regulations for churches, schools, and institutions. All churches, public or parochial, primary or secondary schools, and all institutions shall be limited to one free-standing advertising sign not to exceed 32 square feet (for example, four feet by eight feet). In the event the church, school, or institution faces more than one street, one advertising sign per street may be permitted on the building’s site. All such signs shall be located not less than 15 feet behind the front/side lot line, except where affixed to the building and not extending over the sidewalk.

(E) Signage regulations in F and A zones.

(1) Advertising signs pertaining to a home occupation or sale of farm product not to exceed 20 square feet.

(2) Free-standing, non-accessory advertising sign, that is, any sign advertising a business, use, activity, product, or merchandise not sold, handled, or occurring on the property on which the device is located, shall be subject to the following.

(a) Such sign shall have a 15-foot front yard setback requirement from the road right-of-way and 15 feet from the side property line.

(b) Said device shall be a minimum of 300 feet from a church, school, public institution, or place of public assembly.

(F) Signage regulations in R-1 and R-2 zones.

(1) Home occupations: unlighted, not to exceed four square feet. The required setbacks shall be not less than 15 feet from the front and/or side property lines.

(2) Temporary signs: one per lot, not to exceed four square feet pertaining to the sale or rent of property or signs naming contractors during a construction period.

(3) Temporary (subdivisions only): one sign not to exceed 64 square feet advertising lots within the subdivision. Said sign shall be removed by the developer upon the completion/sale of 90% of the lots in the subdivision. The setback shall be not less than 15 feet from the front and/or side property lines.

(4) Permanent: one identification sign (per entrance) not exceeding 20 square feet, provided that such sign shall be located not less than 15 feet from the front and side property lines, except where affixed to the wall of a building and not extending over any sidewalks.

(5) All advertising signs, except as mentioned in division (A) above and this division (F), and official signs of governmental agencies, are prohibited in R-1 or R-2 zones.

(G) Signage regulations for R-3 or planned residential zones. Same as regulations for R-1 and R-2 zones as provided in division (F) above.

(H) Signage regulations in C and I zones. In any C-1, C-2, C-3, I-1, or I-2 zone, an advertising sign may be permitted, provided that when same is located within 75 feet of an R zone or residentially used area boundary line, it shall be affixed to or be a part of a building, and not to project over any street line or project above the roof line, and shall pertain only to the use conducted within the building. The size shall be limited to three square feet of area to each lineal front foot of the principal building on the premises.

(1) No free standing sign shall have an advertising area exceeding 300 square feet. Total height of the sign from ground level shall not exceed 30 feet. Such sign shall be located not less than four feet from the front and/or side property line/right-of-way.

(2) No flashing advertising sign shall be located within 300 feet of any residential zone or developed areas.

(3) Yard restrictions shall be as required in the zone in which the device is located.

(I) Signage regulations in a planned commercial zone.

(1) One entrance sign not to exceed 600 square feet in area on each thoroughfare on which the shopping center has established entrance drives. Such sign shall give the name of the center and may be used to give the names of individual stores but shall not be used to advertise any products or merchandise within the center.

(2) No free-standing advertising sign shall be permitted within the shopping center, except as permitted in division (I)(1) above.

(3) Advertising signs attached to the buildings, not projecting above the roof line, shall be permitted. Such signs shall give the name of the store or use and shall not be used to advertise merchandise sold in the property. The size shall be limited to three square feet of area to each lineal front foot of the building displaying such a sign.

(4) Yard restrictions shall be as required in division (G) above.

(5) Small hanging name plates not to exceed four square feet in area shall be permitted within the pedestrian mall or over walkways at a minimum height of seven and one-half feet above the walkway, attached to the store or use, giving the name of the store or use and at no time being used for advertising products or merchandise sold on the property. All such name plates shall be of uniform design throughout the shopping center.

(6) Any advertising signs attached to or painted on the display windows of the building shall be exempted.

(7) The nature of all advertising signs within the shopping center shall be included in the secondary development plan and shall be subject to the approval or disapproval of the Commission.

(J) Signage regulations in a planned industrial zone.

(1) An entrance sign at each major entrance to the planned industrial park, not to exceed 600 square feet in area, stating the name of the park if applicable, and listing the names of the various industrial uses located within the park.

(2) Temporary signs advertising the sale of lots and directional signs at major intersections within the park which aid in the location of establishments, truck loading docks, and visitors’ parking facilities. Such signs shall not exceed 20 square feet in area and shall be situated so as not to cause a traffic hazard, and they shall be of uniform design throughout the planned industrial area.

(3) Yard restrictions shall be as required in division (E) above.

(4) Flat wall signs attached to the building or use stating the name of the operation shall not be placed so as to exceed ten feet in height above the roof line of the building. Not more than 25% of the area of such sign shall be devoted to product advertising and then only for advertising of products produced on the premises.

(5) (a) Any advertising signs attached to or painted on the display windows of the building shall be exempted.

(b) The nature of all advertising signs within the planned industrial zone shall be included in the secondary development plan and subject to the approval or disapproval of the Commission.

(Ord. 2005-01, passed 2-17-2005) Penalty, see § 153.999

Adams County Unincorporated
City Zoning Code

ZONING REGULATIONS

§ 153.070 PURPOSES OF ZONING REGULATIONS.

(Ord. 2005-01, passed 2-17-2005)

§ 153.071 ZONE GROUP CLASSIFICATIONS.

(1) F: Floodplain;

(2) A: Agricultural;

(3) R: Residential;

(4) C: Commercial; and

(5) I: Industrial.

(B) For example, the commercial zone (C zone) shall include the C-1, C-2, and C-3 zones.

(Ord. 2005-01, passed 2-17-2005)

§ 153.072 ZONES.

(A) For the purposes of this chapter, the unincorporated area of the county is hereby divided into ten districts or zones designed as follows.

Abbreviation	District or Zone
A	Agricultural zone
C-1	Neighborhood commercial zone
C-2	Rural commercial zone
C-3	General commercial zone
F	Floodplain zone
I-1	Light industrial/heavy commercial zone
I-2	Heavy industrial zone
R-1	Single-family zone
R-2	Multiple-family zone
R-3	Mobile home park zone