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Bargersville City Zoning Code

GENERAL PROVISIONS

§ 154.001 TITLE.

   This chapter is known as "The Town of Bargersville Development Code" and may be cited and referred to as the "Development Code," "Dwelling Code," "Building Code," "Zoning Ordinance," "Subdivision Control Ordinance," or "Unified Development Ordinance" (referred to in this document as "chapter").
(Ord. 2022-17, passed 7-19-2022)

§ 154.002 ENACTMENT.

   This chapter is adopted according to the authority of I.C. 36-7-4 et seq., If sections of Indiana Code or Indiana Administrative Code referenced in this chapter are amended, this chapter is amended to refer to the updated section of code.
(Ord. 2022-17, passed 7-19-2022)

§ 154.003 PURPOSE.

   (A)   The provisions of this chapter are intended to:
      (1)   Protect the lands, water, and other natural resources within the town by encouraging uses best suited to those resources;
      (2)   Promote orderly development in accordance with the town's Comprehensive Plan;
      (3)   Facilitate economical municipal water and sewer services, adequate traffic capacity, recreational areas, schools, and other public amenities;
      (4)   Provide adequate light, air, and healthful conditions in residential, commercial, and industrial areas;
      (5)   Promote convenient and safe traffic and pedestrian movement;
      (6)   Protect against fire and other dangers; and
      (7)   Achieve stability in the expenditure of funds for public improvements and services.
   (B)   As they are interpreted and applied, the provisions of this chapter are the minimum requirements adopted to promote the public health, safety, morals, and general welfare.
(Ord. 2022-17, passed 7-19-2022)

§ 154.004 SCOPE.

   (A)   No building or structure can be used, constructed, altered, or maintained and no new use of land established except in conformity with the provisions of this chapter.
   (B)   After the effective date of this chapter, any building or structure used, erected, repaired, altered, or converted, or any use of land established in violation of the provisions of this chapter is declared a public nuisance and is subject to enforcement procedures.
   (C)   Nothing in this chapter requires a change in the plans, construction, or use of any building for which a completed application was filed or a permit issued prior to the effective date of this chapter. The approved construction must be completed within three years of the effective date of this chapter.
   (D)   The provisions of this chapter apply to all buildings, structures, and uses in any zoning district, unless otherwise noted.
   (E)   The regulations established by this chapter are the minimum necessary and apply uniformly to each class or kind of structure, land, or use.
   (F)   This chapter applies to all areas within the incorporated limits of the Town of Bargersville. Land uses and buildings are also subject to all other ordinances of the town.
(Ord. 2022-17, passed 7-19-2022)

§ 154.005 RELATIONSHIP TO OTHER ORDINANCES OR AGREEMENTS.

   (A)   The regulations of this chapter are in addition to any other regulations in effect in the Town of Bargersville. All building, subdividing, and change of uses within any district must satisfy all building, planning, platting, zoning, and other applicable regulations.
   (B)   If two or more provisions within this chapter conflict or are inconsistent with one another, then the most restrictive provision controls. Where graphics or illustrations within this chapter conflict with the text of the chapter, the text provision controls.
   (C)   This chapter is not intended to abrogate or annul any ordinance, rule, regulation, permit, easement, covenant, commitment, or private agreement previously adopted, issued, or entered and not in conflict with the provisions of this chapter. Where the regulations of this chapter are more restrictive or impose higher standards than other ordinances, regulations, easements, covenants, commitments or private agreements, the requirements of this chapter govern.
(Ord. 2022-17, passed 7-19-2022)

§ 154.006 INCORPORATION OF OTHER DOCUMENTS.

   (A)   Improvement location permits, development plans, and subdivisions must conform to the principles and standards established by this chapter.
   (B)   The following documents are incorporated, as amended, by cross-reference into this chapter:
      (1)   The Town of Bargersville Comprehensive Plan;
      (2)   The Town of Bargersville Thoroughfare Plan;
      (3)   The Town of Bargersville Parks and Recreation Master Plan;
      (4)   The Town of Bargersville Zoning Map;
      (5)   The Town of Bargersville Construction Standards;
      (6)   The Town of Bargersville Storm Water Drainage Manual; and
      (7)   The Town of Bargersville Approved Plant List and Prohibited Plant List.
(Ord. 2022-17, passed 7-19-2022)

§ 154.007 DEFINITIONS.

   (A)   Rules of construction. In the application and interpretation of this chapter, the following rules apply:
      (1)   The specific controls the general.
      (2)   The phrase "used for" includes arranged for, designed for, intended for, maintained for, and occupied for.
      (3)   A building or structure includes any of its parts.
      (4)   Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunctions "and," "or" or "either...or", the conjunction is interpreted as follows:
         (a)   "And" indicates that all the connected items, conditions, provisions, or events apply.
         (b)   "Or" indicates the connected items, conditions, provisions, or events may apply singly or in any combination.
         (c)   "Either...or" indicates that the connected items, conditions, provisions, or events apply singly, but not in combination.
      (5)   Words used in the present tense include the future tense.
      (6)   Words used in the singular number include the plural and the plural includes the singular, unless the context clearly indicates the contrary.
      (7)   The word "must" is always mandatory and not discretionary. The word "may" is permissive.
      (8)   In case of any difference of meaning or implication between the text of this chapter and any caption or illustration, the text controls.
      (9)   Terms not defined in this section have the meaning customarily assigned them.
   (B)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ACCESSORY BUILDING. A detached, subordinate structure, the use of which is incidental to, customarily associated with, and related to the principal structure or use of the land and is located on the same lot as the principal structure or use.
      ACCESSORY USE. A use customarily incidental to, subordinate to, and supportive of the principal use of the parcel.
      ADMINISTRATOR. The officer appointed by and/or delegated the responsibility for the administration of this chapter by the Plan Commission and the Town Council.
      ADVISORY PLAN COMMISSION. See PLAN COMMISSION.
      AGRICULTURE. The use of land for agricultural purposes with the intent of selling any products produced by this activity. AGRICULTURAL uses include farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, along with necessary accessory uses. AGRICULTURAL use does not include the operation or maintenance of a commercial stockyard, slaughterhouse, feed lot or feeding of garbage or offal to swine or other animals.
      ALLEY. A minor private or public thoroughfare which is not a street but affords a secondary means of access to abutting property, is generally used for service purposes, and is not intended for general traffic circulation.
      APPEALS BOARD. The Town of Bargersville Board of Zoning Appeals.
      APPLICANT. Any person, firm, partnership, joint venture, association, corporation, group, or organization who may apply for any permit, approval or decision required by this chapter.
      ARCHITECTURAL DETAIL. That portion of a building containing any architectural projection, relief, cornice, column, change of building material or window or door opening.
      ARCHITECTURAL FEATURE. A prominent or significant part or element of a building, structure, or site.
      BASEMENT. A room or rooms, or any part of a room having a floor level more than 48 inches below grade. Except when used for business purposes, a BASEMENT is not be counted as a story in height or floor area measurement if the vertical distance between the BASEMENT floor and the average level of the finished grade is greater than the distance between the average level of the finished grade and the BASEMENT ceiling.
      BERM. A man-made, formed earth mound of definite height and width used for landscaping, screening, and buffering purposes.
      BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities.
      BOARD. The Town of Bargersville Board of Zoning Appeals.
      BOND. Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Town Council.
      BUFFER. That portion of a lot set aside with adequate natural or planted vegetation to accomplish visual and sound screening to separate a potentially incompatible zoning district from an abutting zoning district.
      BUFFER LANDSCAPING. Portion of a lot set aside with adequate natural or planted vegetation to accomplish visual and sound screening to separate a potentially incompatible zoning district from an abutting zoning district.
      BUILDING. Any structure attached to the ground which has a roof and walls or roof supports and which is designed for the shelter, housing or enclosure of persons, animals or property of any kind.
      BUILDING CODE. The Indiana State Building Code, as amended.
      BUILDING HEIGHT. The vertical distance from the average finished grade to the highest point of the roof for a flat roof; the midpoint between the eaves and ridge line for a gambrel, gable, or hip roof; to the deck line of a mansard roof; or to an equivalent point on any other roof.
      BUILDING LINE. See SETBACK.
      BUILDING OFFICIAL. The person, officer, or official whom the Bargersville Town Council has designated as its agent for enforcing, in conjunction with the Zoning Administrator, the regulations of this chapter relating to building construction and permitting.
      BUILDING PERMIT. A certificate issued by the Administrator of the Commission permitting a person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, or convert any building or structure within its jurisdiction, or cause the same to be done.
      BUILDING, PRINCIPAL. The primary building containing the principal use of a lot.
      CALIPER. A standard trunk diameter measurement for trees, taken six inches above the finished grade for trees with a diameter of four inches or less, and 12 inches above the finished grade for larger sizes.
      CERTIFICATE. The signed and attested document which indicates that a subdivision has been granted secondary approval by the Commission after proper public notice of its hearing.
      CERTIFICATE OF OCCUPANCY. A permit authorized and issued by the Zoning Administrator indicating that the use or the building or land in question is in conformity with this chapter, or that a legal variance has been approved.
      CHECKPOINT AGENCY. A public agency or organization called upon by the Commission to provide expert counsel regarding a specific aspect of community development or required by law to give its assent before subdivision may take place.
      CO-LOCATION. The placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment area.
      COMMISSION. See PLAN COMMISSION.
      COMMON AREA. An area held in common ownership by an owners' association, not located in rights-of-way, and not located on individually owned private property.
      COMPREHENSIVE PLAN. The inclusive physical, social, and economic plans and policies in graphic and verbal statement forms for the development of the town prepared and adopted by the Commission and Council pursuant to state law and including any part of such plan and/or policies separately adopted and any amendment to such plan and/or policies, or parts thereof.
      CONDOMINIUM. The division of building(s) and the related land into horizontal property interests meeting the requirements of and controlled by Indiana statutes for condominiums as prescribed by state law.
      CONSTRUCTION PLANS(S). The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed for the subdivision according to the requirements of this chapter as a condition of the approval of the plat.
      COUNCIL. The Town Council of the Town of Bargersville, Indiana.
      COUNTY. Johnson County, Indiana.
      COUNTY HEALTH OFFICER. See HEALTH DEPARTMENT AND COUNTY HEALTH OFFICER.
      COUNTY RECORDER. The county official empowered to record and file land description plats.
      COUNTY SURVEYOR. The county official so designated by the laws of the State of Indiana to maintain information such as benchmarks, USGS Topo Maps, Flood Zone Maps, Survey Records, historical aerial photography, legal drain information such as legal descriptions and watershed maps, and annexation descriptions for each city and town. The SURVEYOR maintains a legal survey record book for all legal surveys within the county.
      CUL-DE-SAC. A short, dead-end street terminating in a vehicular turnaround area.
      DECK. An open structure at least 12 inches above the ground which may be attached to a building and is commonly used for outdoor leisure activities.
      DENSITY. The total number of residential dwelling units to be located on a parcel of property divided by the total acreage of the property.
      DEPARTMENT. The Town of Bargersville Department of Development.
      DESIGNATED OFFICIALS. Those officials of the Commission designated in this chapter as required signatories for the execution of secondary plat approval.
      DISTURBED AREA. That area of the land's surface disturbed by any work or activity upon the property by means including, but not limited to, grading; excavating; stockpiling soil, fill, or other materials; clearing; vegetation removal; removal or deposit of any rock, soil, or other materials; or other activities which expose soil. DISTURBED AREA does not include the tillage of land that is zoned for agricultural use.
      DRAINAGE BOARD. The Johnson County Drainage Board for legal drains and the Storm Water Utility Board for land within town limits.
      DRIVE IN OR DRIVE THROUGH FACILITY. An accessory use for a business (such as banks, restaurants, dry cleaners, or pharmacies) where the delivery of customer services is done, usually from within the building via a service window, while patrons are in their motor vehicles.
      DRIVES, PRIVATE. Vehicular streets, and driveways paved or unpaved which are wholly within private property except where they intersect with other streets within public rights-of-way.
      DWELLING UNIT. A permanent building, or any part of a permanent building, having cooking and sanitary facilities, designed, or used exclusively for residential occupancy by one family as a single housekeeping unit, but not including hotels/motels, trailer coaches, recreational vehicles, tents or portable buildings.
      EASEMENT. A grant of one or more rights by a property owner to and/or for specific persons, the public, corporations, utilities, or others.
      FAMILY. One or more persons related by blood, marriage, or legal adoption; or two or more unrelated persons occupying a dwelling unit and living as a single housekeeping unit. The term FAMILY does not include any fraternity, sorority, club, hotel, organization, or institutional group.
      FEASIBILITY REPORT. A written report prepared by a professional engineer or land surveyor pertaining to the suitability of the site for various types of water and sewage systems; for drainage retention or detention; and the subsoil conditions for various methods of street construction.
      FENCE. A barrier or partition of wood, masonry, stone, metal or similar manufactured material or combination of materials, used to prevent or control entrance, confine within, mark a boundary or act as a screen.
      FINAL PLAT. A map establishing real estate interests for recording with the County Recorder prepared by an Indiana registered surveyor, drawn in accordance with the requirements of §§ 154.130 to 154.163. This is also referred to as a secondary plat.
      FLOOR AREA.
         (A)   FLOOR AREA, GROSS (GFA). The sum of all gross horizontal areas of the several floors of a building or buildings, measured from the outside dimensions of the structure or from the centerline of a wall separating two buildings, but excluding any space where the floor-to-ceiling height is less than six feet.
         (B)   FLOOR AREA, USABLE. That area to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers, measured from the interior faces of the exterior walls. Areas used principally for the storage or processing of merchandise, for hallways, stairways, and elevator shafts, or for utilities or sanitary facilities is be excluded from this computation.
      FRONTAGE. The linear distance where a property line is coterminous with a street right-of-way line.
      FRONTAGE STREET. Any street to be constructed by the developer or any existing street where development takes place on both sides.
      GRADE. The slope of a street, ditch, swale, pipe, other public way, and other applicable development features specified in percentage terms.
      GRADE, NATURAL. The elevation of the ground level in its natural state, before construction, filling, or excavation.
      GRADE, FINISHED. The average elevation at ground level at the front wall of the building after construction and grading is complete.
      GREENBELT. A landscaped area or vegetative strip that provides aesthetic relief, typically along a roadway.
      HEALTH DEPARTMENT AND JOHNSON COUNTY HEALTH OFFICER. The agency and that person designated by Johnson County to administer the health regulations within the county's jurisdiction.
      HOME OCCUPATION. A vocational activity conducted as an accessory use in a dwelling unit by a member or members of the resident family, which is clearly accessory and incidental to the principal residential use of the dwelling.
      HOUSEHOLD PETS. Companion animals commonly kept as pets, whose primary value is personal enjoyment including, but not limited to, dogs, cats, birds, fish, turtles, rodents (bred, such as gerbils, rabbits, hamsters, or guinea pigs) and lizards (non-poisonous). Wild, vicious, or exotic animals are not be considered HOUSEHOLD PETS.
      IMPROVEMENTS. Any change in use, major exterior remodeling of a structure or grounds, addition to a structure or parking area, or interior remodeling of over 30% of the gross floor area of a structure.
      IMPROVEMENT LOCATION PERMIT. A permit signed by the Zoning Administrator stating that a proposed improvement complies with the provisions of this chapter and all other applicable ordinances.
      INDIANA CODE. The latest edition with any amending supplements of the Indiana Statutes Code Edition (abbreviated as I.C. herein) which codifies all Indiana statutes for reference purposes.
      INTERESTED PARTIES. Those parties who are the owners of property, to whom notice must be given for a particular proceeding.
      JUNK. Any unlicensed and inoperable motor vehicles and inoperable machinery, appliances, products, or merchandise with parts missing, or scrap metals or other scrap materials that are damaged, deteriorated or in a condition which prevents its use for the purpose for which the product was intended or manufactured.
      LOADING SPACE. An off-street portion of a parcel designated for the temporary parking of commercial vehicles while loading or unloading materials for use or sale on the parcel.
      LOCAL STREET. A street intended to provide access to other streets from individual properties and to provide right-of-way beneath it for sewer, water, and storm drainage pipes.
      LOT. A legally described and recorded parcel of land occupied, or intended to be occupied, by a main building or a group of such buildings and accessory buildings or utilized for a principal use and its accessory uses, together with such yards and open spaces as are required by this chapter.
         (a)   LOT, CORNER. A lot where the interior angle of two adjacent sides at the intersection of two streets is less than 135 degrees. A lot abutting a curved street is considered a corner lot if the arc is of less radius than 150 feet and the tangents to the curve, at the two points where the lot lines meet the curve or the straight street line extended, form an interior angle of less than 135 degrees.
         (b)   LOT, INTERIOR. Any lot other than a corner lot.
         (c)   LOT, MEW. A lot served by an alley or street fronting an open space or common area. The front yard setback for a mew lot is measured from the narrowest property line abutting the open space or common area.
         (d)   LOT, THROUGH. An interior lot having frontage on two streets that are approximately parallel.
      LOT AREA. The total horizontal area within the lot lines of the lot, excluding any road right-of-way or easement dedicated for street purposes.
      LOT COVERAGE. The percentage of the lot occupied by buildings, including accessory buildings.
      LOT DEPTH. The horizontal distance between the front and rear lot lines, measured along the midpoint between the side lot lines.
      LOT IMPROVEMENT. Any building, structure, place, work of art, or other object, or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment.
      LOT LINE.
         (a)   LOT LINE, FRONT. The line separating a lot from the abutting street or street right-of-way. For a corner lot, a line separating the narrowest street frontage of the lot from the street, unless otherwise determined by the Administrator.
         (b)   LOT LINE, REAR. The line opposite the front lot line. In the case of a lot that is pointed at the rear, the REAR LOT LINE is an imaginary line parallel to the front lot line, not less than ten feet long, lying farthest from the front lot line and wholly within the lot.
         (c)   LOT LINE, SIDE. Any lot line other than the front, street side, or rear lot line. A SIDE LOT LINE separating a lot from another lot is an interior side lot line.
         (d)   LOT LINE, STREET SIDE. A lot line, other than a front lot line or a rear lot line, that abuts a street. A STREET SIDE LOT LINE does not include lot lines that abut an alley.
      LOT OF RECORD. A parcel of land separately described on a plat or metes and bounds description recorded in the office of the Johnson County Recorder on the effective date of this chapter.
      LOT WIDTH. The horizontal distance between the side lot lines, measured at the two points where the front setback line intersects the side lot lines.
      MANUFACTURED HOME. A factory-built, single-family structure, transportable in one or more sections, which is built on a permanent chassis in compliance with the National Manufacture Home Construction and Safety Standards Act (42 U.S.C. § 4301) and designed to be used as a single-family dwelling with or without a permanent foundation when connected to the required utilities. The term MANUFACTURED HOME includes "mobile home". Recreational vehicles and modular homes are not included in this definition.
      MANUFACTURED HOME COMMUNITY. A parcel or tract containing spaces for three or more manufactured homes with required improvements that are leased for the long-term placement of manufactured homes as year-round residences on a non-recreational basis, which may also include services and facilities for the residents.
      MASTER PLAN. See COMPREHENSIVE PLAN.
      MIXED USE. Two or more uses within the same building through superimposition or adjacency, or in multiple buildings by adjacency, or at a close proximity.
      MODEL HOME. A dwelling unit used initially for display purposes which typifies the kind of units that will be constructed in the subdivision.
      MODULAR HOME. A factory-fabricated, transportable building unit that is not a manufactured home, placed upon a permanent foundation, and joined to make a single residential structure.
      NONCONFORMING LOT. A lot that was legally established and in existence at the time this chapter or any amendment was adopted but which does not conform to the current area and width requirements of the district in which it is located.
      NONCONFORMING BUILDING OR STRUCTURE. A building or structure that was legally established at the time this chapter or any amendment was adopted and which does not conform to the current regulations of the district in which it is located.
      NONCONFORMING USE. A use of a building, structure or land that was legally established and operating at the time this chapter or any amendment was adopted and which is no longer permitted in the district in which it is located.
      OFFICIAL MAP. The map(s) established by the Town Council pursuant to law showing the existing and proposed streets, highways, parks, drainage systems and set-back lines theretofore laid out, adopted and established by law, and any amendments or additions thereto adopted by the Town Council or additions thereto resulting from the approval of subdivision plats by the Commission and the subsequent filing of such approved plats.
      OPEN SPACE. An area of land unoccupied by buildings, structure, storage, or parking areas, except for recreational structures and which is generally for the purpose of active or passive recreation, environmental protection, preservation of scenic views or similar purposes. OPEN SPACE does not include street rights-of-way or easements or required yards.
      ORDINANCE. The Town of Bargersville Development Code.
      OVERLAY DISTRICT. A special purpose zoning district that encompasses all or a portion of one or more underlying zones and imposes additional requirements beyond those required by the underlying zone.
      OWNER. Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under this chapter.
      PARCEL. A separate division of land legally described and of record to show the actual boundaries of the property.
      PARKING LOT. A ground-level open area or plot of ground, usually improved, used for the temporary storage or parking of motor vehicles either for compensation or to provide an accessory service to a business, industrial or residential use.
      PARKING SPACE. A defined off-street space of adequate size for parking a vehicle with room for opening doors on both sides and maneuvering.
      PERIMETER STREET. Any existing street to which the parcel of land to be subdivided abuts on only one side.
      PERSON. Any person, firm, or corporation, public or private, the State of Indiana and its agencies or political subdivisions, and the United States of America, its agencies and instrumentality, and any agent, servant, officer, employee of any of the above.
      PLAN COMMISSION. The town's Plan Commission as established according to Indiana law, also known as the Advisory Plan Commission or the Commission.
      PLANNED UNIT DEVELOPMENT (PUD). A tract or parcel of land developed as a unit under single ownership or unified control that is unique and incorporates one or more of the following: a variety of uses, varied density of development, dedicated open space, preservation of significant natural features, reduced lot sizes or similar attributes that typically would not be easily achieved under conventional zoning districts.
      PLAT. A map indicating the subdivision or re-subdivision of land filed or intended to be filed for record with the County Recorder.
      PORCH. A horizontal surface consisting of a deck, slab or other similar construction, covered and attached to a main building and designed for outdoor seating, shelter from the elements or as a means of entry to the building.
      PRIMARY PLAT. The preliminary drawing or drawings, described in this chapter, indicating the proposed manner or layout of the subdivision to be submitted to the Commission for approval.
      PRIMARY APPROVAL. An approval (or approval with conditions imposed) granted to a subdivision by the Commission after having determined in a public hearing that the subdivision complies with the standards prescribed in this chapter (per I.C. 36-7-4-700 series: Subdivision Control).
      PRINCIPAL USE. The primary use of any lot.
      PRINCIPLE STRUCTURE. A structure that accommodates the primary use of the site. Standards recognized by the Indiana Administrative Building Council are used to determine whether a given structure constitutes one or more buildings in cases where ambiguities exist.
      PUBLIC IMPROVEMENT. Any drainage ditch, street, highway, parkway, sidewalk, pedestrian way, tree, lawn, off-street parking area, lot improvement, or other facility for which the Town Council may ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for which Town Council responsibility is established. All such improvements must be properly bonded.
      PUBLIC RIGHT-OF-WAY. The publicly owned land in which any street, road, alley or pedestrian/bicycle way or other special purpose way or utility installation is constructed or reserved for public use.
      PUBLIC SANITARY SEWER. A municipal sewer system, including collection and treatment facilities, established by a developer or the municipality to serve new or existing development.
      PUBLIC WATER SUPPLY. A municipal water supply system including new and existing wells, and/or surface water sources and intakes, treatment facilities, and distribution lines established by a developer or the municipality to serve new or existing development.
      RECREATIONAL VEHICLE. Any type of vehicle used temporarily or periodically for recreational or leisure pursuits. Examples include, but are not limited to, travel trailers, motor homes, boats, special purpose automobiles, floats, rafts, trailers, detachable travel equipment of the type adaptable to light trucks, personal watercraft and other vehicles or equipment of a similar nature, as well as any trailer used to transport them.
      REGISTERED LAND SURVEYOR. A land surveyor properly licensed and registered or through reciprocity permitted to practice in the State of Indiana.
      REGISTERED PROFESSIONAL ENGINEER. An engineer properly licensed and registered or through reciprocity permitted to practice in the State of Indiana.
      RESIDENTIAL DISTRICT. The AG, R-R, R-1, R-2, R-3, R-4 and R-5 Districts.
      RESTRICTIVE COVENANTS. The limitations of various kinds on the usage of lots within a subdivision which are proposed by the developer or subdivider.
      RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, pedestrian-way, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, special landscaping, or for another special use. The usage of the term RIGHT- OF-WAY for land platting purposes means that every right-of-way hereafter established and shown on a secondary plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. RIGHT-OF-WAY intended for streets, crosswalks, water mains, sanitary sewers, storm drains, screening, or special landscaping, or any other use involving maintenance by the Town Council must be dedicated to public or utility use by the developer or subdivider on whose plat such right-of-way is established.
      SALE OR LEASE. Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, intestate succession, or transfer, of an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map, lease, devise, intestate succession, or other written instrument.
      SCREEN OR SCREENING. A visual barrier that surrounds a potentially offensive activity.
      SECONDARY APPROVAL. The stage of application for formal approval of a secondary plat of a subdivision which, if approved and signed by the designated officials, may be submitted to the County Recorder for filing.
      SECONDARY PLAT. The map, drawing, or plan described in this chapter of a subdivision and any accompanying material submitted to the Commission for secondary approval, and which if approved and signed by the designated officials, may be submitted to the County Recorder for filing.
      SETBACK. The minimum required horizontal distances measured from front, side, and rear lot lines which describe an area beyond which the main walls of a principal building may not extend. A setback line is the line established by the minimum horizontal distance for each yard. See YARD definitions.
      SHADE TREE. A tree in a public place, street, special easement, or right-of-way adjoining a street as provided in this chapter.
      SIGN PERMIT. A permit reviewed, approved, and issued by the Zoning Administrator for the Town of Bargersville to erect a sign.
      SKETCH PLAN. An informal, informational drawing, as described in this chapter, preparatory to the drawing of the primary plat to enable the developer or subdivider to save time and expense in reaching a general agreement with the Commission as to the form of the plat and conformance to the objectives of this chapter.
      SOIL SURVEY. The National Cooperative Soil Survey prepared by the U.S. Department of Agriculture, Soil Conservation Service in cooperation with Purdue University.
      SPECIAL EXCEPTION USE. Those uses of land and structures which are not essentially incompatible with the other uses permitted in a zoning district, but which possess characteristics of operation or locational qualities that may require individual review and restriction.
      STATE LAW. Such legislative acts of the State of Indiana as they affect this chapter.
      STEEP SLOPES. Slopes equal to or steeper than 12%. The percent slope is measured as a six foot foot fall or greater in any 50 foot distance.
      STORM WATER UTILITY BOARD. The board responsible for the review and approval of all drainage related aspects of development within the limits of the town.
      STORY, HALF. An uppermost story, lying under a sloping roof, having an area of at least 200 square feet, with a clear height of seven feet six inches. For the purposes of this chapter, the usable floor area of a HALF STORY is only that area having at least four feet clear height between floor and ceiling.
      STREET. The space or area between lot lines, abutting upon a right-of-way and designed as a way for vehicular traffic, however designated, and including those illustrated in the Comprehensive Plan.
      STREET CLASSIFICATION. The hierarchy of street types denoting their relative function and traffic carrying capability.
         (a)   ARTERIAL. A connected network of continuous routes serving intra- and interstate travel, as well as interurban travel. ARTERIALS accommodate high traffic volumes generally at higher speeds. Access to abutting land is subordinate to moving through traffic. The following streets are classified as ARTERIALS:
            1.   SR 135;
            2.   SR 37;
            3.   CR 144.
         (b)   COLLECTOR. Those streets which collect traffic from local streets and channel it to arterial streets. COLLECTOR streets carry moderate traffic volumes and primarily provide for local traffic movements with a minor amount of through traffic. While traffic movement remains their primary function, COLLECTORS do provide for a higher degree of land access than arterials.
         (c)   LOCAL. A street that provides direct access to adjacent land and access to higher street classifications. All streets not otherwise classified are LOCAL.
      STREET RIGHT-OF-WAY WIDTH. The distance between property lines measured at right angles to the centerline of the street.
      STREET, PRIVATE. Any vehicular access not dedicated to the public that has been platted and recorded as a private street.
      STREET, PUBLIC. A right-of-way dedicated to the town or other governmental entity and owned by the city or other governmental entity for public purposes.
      STRUCTURAL ALTERATIONS. Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.
      STRUCTURE. Anything constructed, erected, or placed which requires location on or in the ground or is attached to something having a location on the ground, including without limitation, buildings, manufactured homes, gazebos, play structures, decks, towers, fences, and swimming pools.
      SUBDIVIDER. Any person or legal entity who participates as owner, promoter, developer, or sales agent in the planning, platting, development, promotion, sale, or lease of a development.
      SUBDIVISION. The division of any parcel of land into two or more parcels or lots or the combination of two or more smaller parcels or lots into one lot for the purpose of transfer or ownership, leasing, or development.
      TECHNICAL REVIEW COMMITTEE. A committee comprised of persons with technical knowledge of various municipal, county, state and federal regulations and standards regarding development responsible for working with developers or subdividers in reviewing technical aspects of plans and other development projects and making technical findings for the Commission for their consideration in reviewing said plans. The committee consists of the Administrator and appropriate checkpoint agencies.
      TEMPORARY IMPROVEMENT. Improvements built and maintained by a developer or subdivider during construction of the subdivision and intended to be replaced by a permanent improvement prior to release of the performance bond or turnaround improvements at the ends of stub streets intended to be replaced when the adjoining area is developed and the through street connection made.
      THOROUGHFARE PLAN. See OFFICIAL MAP.
      TOWN. The Town of Bargersville, Indiana.
      USABLE LIVING AREA. The floor area of a dwelling unit, measured from the outside dimensions of the building's exterior walls, exclusive of unfinished basements, open porches, breezeways, terraces, garages, and exterior stairways.
      VARIANCE, DEVELOPMENT STANDARD. A variation, authorized by the Board of Zoning Appeals, from the strict requirements of the Zoning Ordinance relative to building, lot area or width, setbacks, height, parking, or other dimensional provisions of the ordinance.
      VARIANCE, USE. A specific approval, authorized by the Board of Zoning Appeals, to conduct a principal use on a lot or parcel that is otherwise not permitted within the zoning district in which the property is located.
      WETLANDS. Those areas that are inundated or saturated by the surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
      YARD. An open space on the same lot with a building or structure, unoccupied and unobstructed between the building and the nearest lot line, except as otherwise provided (see also BUILDING LINE).
         (a)   YARD, FRONT. The yard extending across the full width of the lot, the depth of which is the shortest horizontal distance between the front lot line and the front setback line.
         (b)   YARD, REAR. The yard extending the full width of the lot, the depth of which is the shortest horizontal distance between the rear lot line and the rear setback line.
         (c)   YARD, SIDE. The yard between the principal building and the side lot line, extending from the front yard to the rear yard, the width of which is the shortest horizontal distance from the side lot line and the side setback line.
         (d)   YARD, STREET SIDE. The yard between the principal building and the side lot line, extending from the front yard to the rear yard, the width of which is the shortest horizontal distance from the side lot line abutting a street and the side setback line.
      ZONING ADMINISTRATOR or ADMINISTRATOR. The person designated by the Bargersville Town Council as the town's agent for administration of these regulations.
      ZONING ORDINANCE or ORDINANCE. The Development Code of the Town of Bargersville, Indiana.
(Ord. 2022-17, passed 7-19-2022)

§ 154.008 PUBLIC UTILITY INSTALLATIONS.

   (A)   Structures or land used for public utility installations are subject to the provisions of this chapter to the extent permitted under Indiana law.
   (B)   All structures for a public utility installation, including substations, must be effectively landscaped and require approval of a site plan (see § 154.180) and improvement location permit (see § 154.181).
(Ord. 2022-17, passed 7-19-2022)

§ 154.009 ZONING MAP.

   (A)   (1)   The zoning map for the jurisdiction of the Plan Commission in effect on the date of adoption of this chapter is adopted as part of this chapter by reference. The map may be referred to as the "Official Zoning Map" and as the "zoning map".
      (2)   The Official Zoning Map is located in the office of the Department and may be maintained as an electronic zoning map. Copies of the Official Zoning Map must be labeled as copies and contain the last date of modification. The Official Zoning Map should be revised annually or as the Plan Commission determines necessary.
   (B)   The following rules apply where uncertainty exists about the exact boundaries of any zoning district shown on the zoning map:
      (1)   Zoning district boundaries shown within or parallel to the lines of streets, easements, and rights-of-way are deemed to follow the centerline of the affected street, easement, or right-of-way. At the boundaries of the jurisdiction of the Plan Commission, district boundaries are deemed to include the full width of such streets, easements, and rights-of-way.
      (2)   Zoning district boundaries indicated as following or being parallel to section or fractional sectional lines, lot lines, or town corporation lines are interpreted as following or paralleling such lines.
      (3)   Zoning district boundaries indicated as approximately following the centerline of streams, rivers, or other bodies of water are interpreted to follow such centerlines.
      (4)   Zoning district boundaries indicated as approximately following the parcel lines as established by the town are interpreted to follow such parcel lines.
      (5)   If the boundary line of a district divides a lot in a manner essentially perpendicular to a street, the district that applies to the larger part of the lot applies to the entire lot.
      (6)   In the case of uncertainty, the Administrator interprets the intent of the Zoning Map and determines the location of the boundary in question. If the Administrator cannot definitively determine the location of a zoning district boundary, the BZA determines the location of the zoning district boundary.
   (C)   Unless changed by an amendment to this chapter, land annexed into the town currently zoned for agricultural uses will be designated AG Agricultural District and all other zoning districts will be designated R-1 Low Density Single-Family Residential District. Whenever any right-of-way or other similar area is vacated, the zoning districts adjoining each side of the right-of-way or the area automatically extend to the centerline of such vacation. All areas included in the vacation are then subject to the appropriate provisions of the extended zoning district(s). In the event of a partial vacation, the adjoining zoning district, or zoning district nearest the portion vacated, extends automatically to include all the vacated area.
(Ord. 2022-17, passed 7-19-2022)

§ 154.010 NONCONFORMING REGULATIONS.

   (A)   Upon the adoption of this chapter, the zoning map, and potentially upon other government action (e.g., acquisition of right-of-way), some buildings, structures, lots and uses may no longer conform to the regulations of their zoning district. This chapter provides the rules, policies, and regulations that apply to these buildings, structures, lots and uses.
   (B)   Any property, lot, or structure rendered nonconforming solely by the action of a governmental agency modifying any street, is exempt from these nonconformance provisions.
   (C)   (1)   Legal nonconforming. Legal nonconformance is caused by an amendment to this chapter and not due to a change to the property, resulting in the property no longer conforming to the standards of the applicable zoning district. When this situation occurs, the property is deemed legal nonconforming and is subject to the terms of this chapter.
      (2)   Illegal nonconforming. A building, structure, sign, or lot constructed or used without an approved building permit, improvement location permit, or approval from the BZA or Plan Commission is considered illegal nonconforming when it does not conform to this chapter. An illegal nonconforming property is subject to enforcement and penalties as set forth in §§ 154.180 to 154.183, and all other applicable state or municipal law. The illegal nonconforming property must be altered to conform with all applicable standards and regulations of this chapter.
   (D)   It is recognized that there exist within zoning districts certain lots, buildings, structures and uses which were lawful before this chapter was passed or amended, but are now prohibited, regulated or restricted under the terms of this chapter. It is the intent to permit these legal nonconformities to continue until they are removed but not to encourage their survival.
   (E)   Nonconforming lots, buildings, structures, and uses are declared by this chapter to be incompatible with the provisions of the districts in which they are located. It is the intent of this chapter that nonconformities not be enlarged, expanded, or extended, except as otherwise permitted in this chapter, nor be used as the reason to add other buildings, structures, or uses prohibited elsewhere in the district.
   (F)   Nothing in this chapter serves as authorization for, or approval of, the continuation of a use that violates the zoning regulations in effect at the time of the adoption of this chapter.
(Ord. 2022-17, passed 7-19-2022)

§ 154.011 NONCONFORMING USES.

   (A)   A nonconforming use cannot be enlarged or increased, nor extended to occupy a greater area of land or building area than was occupied on the effective date this chapter.
   (B)   No part of any nonconforming use can be moved unless the movement eliminates or reduces the nonconformity.
   (C)   If a nonconforming use is abandoned for any reason for a period of more than one year, any subsequent use must conform to the requirements of this chapter. A nonconforming use is determined to be abandoned if one or more of the following conditions exists:
      (1)   Utilities serving the property—such as water, gas, and electricity—have been disconnected;
      (2)   The property, buildings, and grounds, have fallen into disrepair, as evidenced by broken windows, sagging or missing steps, structural defects, overgrown grass or weeds, and similar conditions;
      (3)   Signs or other indications of the existence of the nonconforming use have been removed;
      (4)   Equipment or fixtures necessary for the operation of the nonconforming use have been removed;
      (5)   Other actions the Administrator deems to constitute an intention on the part of the owner or lessee to abandon the nonconforming use.
(Ord. 2022-17, passed 7-19-2022)

§ 154.012 NONCONFORMING BUILDINGS OR STRUCTURES.

   Where a lawful building or structure exists on the effective date of this chapter that does not comply with the requirements of this chapter because of restrictions such as lot area, lot coverage, width, height, or setbacks, that building or structure may continue to be occupied and used so long as it remains otherwise lawful, subject to the following provisions:
   (A)   If a nonconforming building or structure is destroyed to more than 50% of its fair market value exclusive of the foundation, it must be reconstructed in conformity with the provisions of this chapter. The Administrator may consult with outside sources to determine fair market value. The BZA may permit the reconstruction of the nonconforming building or structure if all the following conditions are met:
      (1)   The prior nonconforming conditions are not increased;
      (2)   All building materials and architectural details conform to the architectural standards found in §§ 154.130 to 154.163.
      (3)   The new building or structure is placed on the original foundation, unless the building or structure could be located to reduce the nonconformity on the lot;
      (4)   The application to reconstruct the nonconforming building or structure was filed with the Administrator within six months of the date the building or structure was damaged or destroyed; and
      (5)   The reconstruction of the building or structure is not detrimental to adjacent property and the surrounding neighborhood.
   (B)   If a nonconforming building or structure is moved for any reason and for any distance, it must be moved to a location complying with the requirements of this chapter.
(Ord. 2022-17, passed 7-19-2022)

§ 154.013 NONCONFORMING LOTS OF RECORD.

   (A)   If a lot of record does not meet a minimum lot width or minimum lot area requirement, the lot of record may be used for any use permitted in the district in which it is located. Any building or structure constructed on the lot must comply with the required front and rear setbacks and other requirements for the zoning district. However, side setbacks may be reduced up to the percentage to which the lot width relates to the minimum lot width requirement. The nonconforming lot may also be used for special exception uses, if it meets all applicable requirements of this chapter for those uses (see § 154.180).
   (B)   When two or more lots of record have continuous frontage and are under single ownership but do not meet the requirements established for lot width or lot area, the parcels involved are considered one undivided parcel for purposes of this chapter. No portion of the parcel can be used or divided in a manner that reduces compliance with lot width and area requirements established by this chapter.
(Ord. 2022-17, passed 7-19-2022)

§ 154.014 REPAIRS AND MAINTENANCE.

   The following regulations apply to legal nonconforming structures and uses:
   (A)   Work may be done for ordinary repairs or replacement of walls, heating, fixtures, wiring, or plumbing under the condition the square footage and volume of usable space does not increase.
   (B)   If all or part of a structure is declared unsafe or condemned by an authorized official and is not repaired or rebuilt within six months of the declaration, the structure loses its nonconforming status. All future improvements must conform to the standards of this chapter.
   (C)   Permits may be required for modifications or alterations of legal nonconforming structures (see § 154.181).
(Ord. 2022-17, passed 7-19-2022)

§ 154.015 EFFECTIVE DATE; TRANSITIONAL PROVISIONS.

   (A)   This chapter comprises a replacement ordinance for the jurisdiction of the Town of Bargersville, as described in I.C. 36-7-4-602(a) and in I.C. 36-7-4-700. Accordingly, the prior Bargersville Zoning Ordinance, which was adopted on or about July 20, 2015, as amended, and the prior Bargersville Subdivision Control Ordinance, which was adopted on or about December 1, 2015, as amended are hereby repealed on the effective date of this chapter.
   (B)   The effective date of this chapter is the latest of the following dates:
      (1)   The final day on which notice of the adoption of the penalty provisions of this chapter (see § 154.183) is published under I.C. 36-7-4-610(a).
      (2)   The day on which this chapter is filed in the Clerk-Treasurer's office under I.C. 36-7-4-610(f).
      (3)   August 1, 2022.
   (C)   This section applies to any application for a permit pending before the Department on the effective date of this chapter. The applicant may request the Administrator treat the application as an application filed according to this chapter instead of the prior Bargersville Zoning Ordinance. If the Administrator grants the request, the application is then approved or denied by the Department, BZA, Plan Commission, or the Council according to the provisions of this chapter.
(Ord. 2022-17, passed 7-19-2022)