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Bargersville City Zoning Code

ZONING DISTRICTS

AND USES

§ 154.030 ESTABLISHMENT OF ZONING DISTRICTS.

   The Town of Bargersville is divided into the following zoning districts:
   (A)   Rural districts.
      (1)   AG Agricultural;
      (2)   R-R Rural Residential.
   (B)   Residential districts.
      (1)   R-1 Low Density Single-Family;
      (2)   R-2 Moderate Density Single-Family;
      (3)   R-3 Medium Density Mixed Residential;
      (4)   R-4 High Density Mixed Residential;
      (5)   R-5 Multi-Family Residential.
   (C)   Commercial districts.
      (1)   C-1 Office/Service Business;
      (2)   C-2 Local Business;
      (3)   C-3 General Business.
   (D)   Industrial districts.
      (1)   I-1 Light Industrial;
      (2)   I-2 General Industrial;
      (3)   I-3 Technology Industrial.
   (E)   Special districts.
      (1)   DT Downtown Mixed-Use;
      (2)   MU Mixed-Use.
   (F)   Overlay districts.
      (1)   ACO Arterial Corridor Overlay;
      (2)   IO I-69 Interchange Overlay;
      (3)   FP Floodplain Overlay.
(Ord. 2022-17, passed 7-19-2022)

§ 154.031 RURAL DISTRICTS STANDARDS AND USES.

   (A)   Purpose.
      (1)   AG Agriculture. The Agriculture District is primarily to accommodate agricultural operations and practices. In addition, the AG District is intended to preserve and maintain the established rural character and agricultural traditions of Bargersville and the surrounding area. It allows agricultural development by reason of location and the availability of resources and infrastructure, while allowing scattered single family homes at a very low density.
      (2)   R-R Rural Residential. The Rural Residential District is intended to protect those features within the rural areas of the town that are valued by the community and contribute its character. The agricultural context, pastoral setting, natural features, and wildlife habitats are essential components of that rural character. Single-family homes are permitted within this district at low densities, along with uses compatible with the openness of the district and the country setting.
   (B)   Lot requirements.
 
AG
RR
Maximum Density (units/acre)
0.5
0.5
Minimum Lot Size
2 acres
2 acres
Minimum Lot Width
200 ft.
200 ft.
Minimum Lot Frontage/Street Frontage
200 ft.
100 ft.
 
   (C)   Building placement requirements.
Residential Uses
AG
RR
Residential Uses
AG
RR
Minimum Front Setback
100 ft.
100 ft.
Minimum Street Side Setback
50 ft.
50 ft.
Minimum Side Setback
20 ft.
20 ft.
Minimum Rear Setback
35 ft.
35 ft.
Nonresidential Uses
 
AG
RR
Minimum Front Setback
100 ft.
100 ft.
Minimum Street Side Setback
50 ft.
50 ft.
Minimum Side Setback
20 ft.
20 ft.
Minimum Rear Setback
35 ft.
35 ft.
 
   (D)   Building requirements.
 
AG
RR
Maximum Building Height
45 ft.
45 ft.
Minimum Living Area (sq. ft.)
1,200
1,200
Maximum Lot Coverage
30%
30%
 
   (E)   Permitted uses. See § 154.039.
   (F)   Parking requirements. See § 154.112.
   (G)   Architectural standards. See § 154.147.
   (H)   Miscellaneous provisions.
      (1)   Any lot of record zoned AG Agriculture that was within the A-1F District at the time of annexation may be split by minor subdivision (see § 154.131(C)) provided the resulting parcels, including the lot of record, do not exceed an average density of one dwelling unit per ten acres. If the resulting density on a lot of record will exceed this density, the parcel must first be rezoned to R-R Rural Residential prior to proceeding with an application for subdivision approval.
      (2)   New residential dwelling units are required to connect to municipal water and sanitary sewer services. The Town Council may grant a waiver to this requirement (See § 154.145). Other jurisdictional permits may be required.
(Ord. 2022-17, passed 7-19-2022)

§ 154.032 RESIDENTIAL DISTRICTS STANDARDS AND USES.

   (A)   Purpose.
      (1)   R-1 Low Density Single-Family District. The Low Density Single-Family District is intended to accommodate new residential subdivision development at densities of approximately two units per acre, along with related uses.
      (2)   R-2 Moderate Density Single-Family District. Moderate Density Single-Family District is intended to encompass some of the town's existing single family residential neighborhoods and accommodate new development at densities of about three units per acre.
      (3)   R-3 Medium Density Mixed Residential District. The Medium Density Mixed Residential District is intended to provide wider housing options at densities of up to six units per acre. The R-3 District lends itself to serving as a buffer or transitional zone between lower density residential and non-residential development. Single family dwellings, small-scale multifamily dwellings, and townhomes are permitted, along with compatible public, quasi-public and institutional uses.
      (4)   R-4 High Density Mixed Residential District. The High Density Mixed Residential District is similar in character and purpose to the R-3 District, but also permits multifamily dwellings. It allows development at higher densities than any other district. Residential densities of up to 12 units per acre are permitted in this district.
      (5)   R-5 Multi-Family Residential. The Multi-Family Residential District is intended to provide large-scale multifamily housing options at densities of up to 22 units per acre. This district is intended for large apartment complexes with over 100 units with vehicular access to arterial or collector streets. They can either front directly on the arterial or collector street or be located as a transitional land use between nonresidential uses and lower density residential zones.
   (B)   Lot requirements. See Image 2-1.
R-1
R-2
R-3
R-4
R-5
R-1
R-2
R-3
R-4
R-5
Maximum Density (units/acre)
2.0
3.0
6.0
12.0
24.0
Single-Family Detached Dwelling
Minimum Lot Size (sq. ft.)
12,000
9,000
6,000
4,200
3,500
Minimum Lot Width
80 ft.
60 ft.
50 ft.
35 ft.
30 ft.
Minimum Lot Frontage/Street Frontage
50 ft.
50 ft.
40 ft.
30 ft.
30 ft.
Minimum Living Area (sq. ft.)
1,800
1,600
1,400
1,200
1,000
Two-Family Detached Dwelling
Minimum Lot Size (sq. ft.)
N/A
6,000
3,000
2,100
1,800
Minimum Lot Width
N/A
30 ft.
25 ft.
18 ft.
18 ft.
Minimum Lot Frontage/Street Frontage
N/A
25 ft.
20 ft.
15 ft.
12 ft.
Minimum Living Area per Dwelling Unit (sq. ft.)
N/A
1,200
1,100
1,000
900
Single-Family Attached Dwelling
Minimum Lot Size (sq. ft.)
N/A
N/A
2,000
1,650
1,500
Minimum Lot Width
N/A
N/A
18 ft.
18 ft.
18 ft.
Minimum Lot Frontage/Street Frontage
N/A
N/A
15 ft.
12 ft.
12 ft.
Minimum Living Area (sq. ft.)
N/A
N/A
1,400
1,200
1,000
Multi-Family Dwelling
Minimum Lot Size (sq. ft./DU)
N/A
N/A
1,800
1,500
1,500
Minimum Lot Width
N/A
N/A
60 ft.
50 ft.
40 ft.
Minimum Lot Frontage/Street Frontage
N/A
N/A
40 ft.
35 ft.
30 ft.
Minimum Living Area per Dwelling Unit (sq. ft.)
N/A
N/A
*
*
*
Note:
* The multi-family dwelling minimum living area requirement is based upon the type of dwelling unit as follows: efficiency unit - 550 sq. ft.; one bedroom unit - 650 sq. ft.; two bedroom unit - 800 sq. ft.; three bedroom unit - 1,000 sq. ft.; for each additional bedroom over three - an additional 100 sq. ft.
 
   (C)   Building placement requirements.
 
R-1
R-2
R-3
R-4
R-5
Minimum Front Setback
25 ft.
20 ft.
20 ft.
15 ft.
10 ft.
Minimum Street Side Setback
15 ft.
10 ft.
7 ft.
5 ft.
5 ft.
Minimum Side Yard Setback*
10 ft.
6 ft.
8 ft.
5 ft.
5 ft.
Minimum Rear Setback
20 ft.
15 ft.
12 ft.
10 ft.
10 ft.
Garage Along Street Setback
25 ft.
20 ft.
20 ft.
20 ft.
20 ft.
Note:
* The side yard setback between attached units within the same building is 0 ft.
 
   (D)   building requirements.
 
R-1
R-2
R-3
R-4
R-5
Maximum Building Height
40 ft.
35 ft.
40 ft.
45 ft.
55 ft.
Maximum Lot Coverage
35%
40%
60%
70%
80%
 
   (E)   Permitted uses. See § 154.039.
   (F)   Parking requirements. See § 154.112.
   (G)   Architectural standards. See § 154.147.
 
(Ord. 2022-17, passed 7-19-2022)

§ 154.033 COMMERCIAL DISTRICTS STANDARDS AND USES.

   (A)   Purpose.
      (1)   C-1 Office/Service Business District. The Office/Service District is intended to accommodate uses that can provide office and personal services to the residents of Bargersville. The uses permitted in this district are low intensity and an appropriate scale and appearance to be generally compatible with most other uses. Among other purposes, this district may serve as a transitional zone between residential and commercial or industrial districts and between major thoroughfares and residential districts.
      (2)   C-2 Local Business District. The Local Business District is intended to provide for the development of convenience business uses meeting the daily needs of residents living in adjacent residential neighborhoods. This district should be strategically located with access to a minor arterial or collector street.
      (3)   C-3 General Business District. The General Business District accommodates general retail and/or autodependent businesses. Uses within the district typically require high visibility, arterial frontage, good access, and ample parking. Uses in this district are intended to be confined to nodes to prevent the creation of commercial strip development with its attendant traffic congestion, unsightly clutter, distractions, and potential incompatibility with adjoining residential uses.
   (B)   Lot requirements.
 
C-1
C-2
C-3
Minimum Lot Size (sq. ft.)
20,000
10,000
40,000
Minimum Lot Width
100 ft.
60 ft.
100 ft.
Minimum Lot Frontage/Street Frontage*
50 ft.
50 ft.
50 ft.
Note:
* Any lot without street frontage must have an unobstructed access easement at least 25 ft. wide (see § 154.152(E)).
 
   (C)   Building placement requirements.
 
C-1
C-2
C-3
Minimum Front Setback
   Where abutting a residential district
   All others
25 ft.
10 ft.
25 ft.
10 ft.
25 ft.
15 ft.
Minimum Street Side Setback
   Where abutting a residential district
   All others
20 ft.
10 ft.
15 ft.
5 ft.
20 ft.
12 ft.
Minimum Side Setback
   Where abutting a residential district
   All others
10 ft.
5 ft.
10 ft.
5 ft.
10 ft.
10 ft.
Minimum Rear Setback
   Where abutting a residential district
   All others
20 ft.
10 ft.
10 ft.
0 ft.
20 ft.
10 ft.
 
   (D)   Building requirements.
 
C-1
C-2
C-3
Maximum Building Height
35 ft.
45 ft.
65 ft.
Maximum Lot Coverage
40%
80%
60%
 
   (E)   Permitted uses. See § 154.039.
   (F)   Parking requirements. See § 154.112.
   (G)   Architectural standards. See § 154.148.
(Ord. 2022-17, passed 7-19-2022)

§ 154.034 INDUSTRIAL DEVELOPMENT STANDARDS AND USES.

   (A)   Purpose.
      (1)   I-1 Light Industry. This district is established to accommodate light industrial uses in which all operations, including storage of materials, would be confined within a building, and would include warehousing operations. Development in this district requires site plan approval.
      (2)   I-2 General Industry. This district is established for all types of industrial uses requiring both enclosed and unenclosed spaces for storage, manufacturing, and fabricating. Development in this district requires site plan approval.
      (3)   I-3 Technology Industrial. This district is established for industrial and office uses that focus on engineering or manufacturing technology. Uses may include corporate offices, high tech manufacturing, and research and development facilities. Development in this district requires site plan approval.
   (B)   Lot requirements.
 
I-1
I-2
I-3
Maximum Density (units/acre)
N/A
N/A
N/A
Minimum Lot Size (sq. ft.)
20,000
30,000
20,000
Minimum Lot Width
100 ft.
120 ft.
100 ft.
Minimum Lot Frontage/Street Frontage*
45 ft.
60 ft.
45 ft.
Note:
* Any lot without street frontage must have an unobstructed access easement at least 25 ft. wide (see § 154.152(E)).
 
   (C)   Building placement requirements
 
I-1
I-2
I-3
Minimum Front Setback
20 ft.
30 ft.
25 ft.
Minimum Street Side Setback
15 ft.
20 ft.
15 ft.
Minimum Side Setback
10 ft.
10 ft.
10 ft.
Minimum Rear Setback
10 ft.
20 ft.
20 ft.
Minimum Separation of Primary and Accessory Buildings
10 ft.
10 ft.
10 ft.
 
   (D)   Building requirements.
 
I-1
I-2
I-3
Maximum Building Height
75 ft.
75 ft.
75 ft.
Maximum Lot Coverage
75%
50%
75%
 
   (E)   Permitted uses. See § 154.039.
   (F)   Parking requirements. See § 154.112.
   (G)   Architectural standards. See § 154.149.
(Ord. 2022-17, passed 7-19-2022)

§ 154.035 SPECIAL DISTRICT DEVELOPMENT STANDARDS.

   (A)   Purpose.
      (1)   DT Downtown Mixed-Use District. The Downtown Mixed-Use District is established to accommodate developments containing a variety of commercial, office, and residential uses in Bargersville's downtown core. Uses need to be appropriate to downtown and occur at a scale cohesive with the existing urban fabric of downtown. Development in this district requires site plan approval.
      (2)   MU Mixed-Use District. This district is established to accommodate developments containing a variety of compatible commercial, office, and residential uses. The uses may be mixed vertically within a building or horizontally in close proximation to each other. Development in this district requires site plan approval.
      (3)   PUD Planned Unit Development District. This district is established to encourage large-scale, identity-building developments mixing uses, building types, and building arrangements. Development in this district requires connection to public water and public sewers and site plan approval. See § 154.180 for the approval process and standards for planned unit developments.
   (B)   Lot requirements.
DT
MU
DT
MU
Maximum Density (units/acre)
22.0
15.0
Residential Uses
Minimum Lot Size (per dwelling unit)
900
1,800
Minimum Lot Width
30 ft.
40 ft.
Minimum Lot Frontage/Street Frontage*
25 ft.
30 ft.
Nonresidential Uses
Minimum Lot Size
No minimum
No minimum
Minimum Lot Width
No minimum
No minimum
Minimum Lot Frontage/Street Frontage*
No minimum
No minimum
Note:
* Any lot without street frontage must have an unobstructed access easement at least 25 ft. wide (see § 154.152(E)).
 
   (C)   Building placement requirements.
DT
MU
DT
MU
Residential Uses
Minimum Front Setback
10 ft.
10 ft.
Minimum Street Side Setback
7 ft.
7 ft.
Minimum Side Setback*
5 ft.
5 ft.
Minimum Rear Setback
5 ft.
10 ft.
Minimum Separation of Primary and Accessory Buildings
6 ft.
6 ft.
Nonresidential Uses
Minimum Front Setback
0 ft.
0 ft.
Minimum Street Side Setback
0 ft.
0 ft.
Minimum Side Setback
0 ft.
0 ft.
Minimum Rear Setback
0 ft.
0 ft.
Minimum Separation of Primary and Accessory Buildings
6 ft.
10 ft.
Note:
* The side yard setback between attached units within the same building is 0 ft.
 
   (E)   Permitted uses. See § 154.039.
   (F)   Parking requirements. See § 154.112.
   (G)   Architectural standards. See § 154.148.
(Ord. 2022-17, passed 7-19-2022)

§ 154.036 FLOODPLAIN REGULATIONS.

   The flood hazard areas of the town are subject to periodic inundation resulting in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, that adversely affect the public health, safety, and general welfare. Additionally, structures that are inadequately elevated, floodproofed, or otherwise protected from flood damage contribute to the flood loss. To minimize the threat of such damages and to achieve the purposes of this section, these regulations are adopted.
   (A)   Purpose. The purpose of this section is to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
      (1)   Protect human life and health;
      (2)   Minimize expenditure of public money for costly flood control projects;
      (3)   Minimize the need for rescue and relief efforts associated with flooding undertaken at public expense;
      (4)   Minimize prolonged business interruptions;
      (5)   Minimize damage to public facilities and utilities (such as water and gas mains, electric, telephone, and sewer lines, streets, and bridges) located in floodplains;
      (6)   Maintain a stable tax base by providing uses of flood-prone areas that minimize flood blight;
      (7)   Ensure that occupants of special flood hazard assume responsibility for their actions;
      (8)   Minimize the impact of development on adjacent properties in and around flood- prone areas;
      (9)   Ensure the flood storage and conveyance functions of the floodplain are maintained;
      (10)   Minimize the impact of development on the natural, beneficial values of the floodplain;
      (11)   Prevent floodplain uses that are either hazardous or environmentally incompatible;
      (12)   Meet community participation requirements of the National Flood Insurance Program.
   (B)   Methods of reducing flood loss. To accomplish its purposes, these regulations include provisions for:
      (1)   Restricting or prohibiting uses that are dangerous to health, safety, and property due to water hazards, or that result in damaging increases in flood heights or velocities;
      (2)   Requiring uses vulnerable to floods be protected against flood damage at the time of initial construction;
      (3)   Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, that accommodate or channel flood waters;
      (4)   Controlling filling, grading, dredging, excavating, and other development activities that may increase flood damage; and
      (5)   Preventing or regulating the construction of flood barriers that divert flood waters or increase flood hazards in other areas.
   (C)   Definitions. Unless specifically defined below, words or phrases used in this section are interpreted with the meanings they have in common usage and to give these regulations the most reasonable application.
      1% ANNUAL CHANCE FLOOD. The flood that has a 1% chance of being equaled or exceeded in any given year. See REGULATORY FLOOD.
      ALTERATION OF A WATERCOURSE. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other modification which may alter, impede, retard, or change the direction and/or velocity of the flow of water during conditions of the base flood.
      ACCESSORY STRUCTURE. A structure with a floor area of 400 square feet or less on the same parcel as a principal structure the use of which is incidental to the use of the principal structure. An ACCESSORY STRUCTURE excludes structures used for human habitation.
         (a)   ACCESSORY STRUCTURES are considered walled and roofed where the structure includes at least two outside rigid walls and a fully secured roof.
         (b)   Examples of ACCESSORY STRUCTURES include detached garages, carports, storage and tool sheds, and small boathouses.
         (c)   The following may have uses that are incidental or accessory to the principal structure on a parcel but are generally not considered to be ACCESSORY STRUCTURES by the NFIP:
            1.   Structures in which any portion is used for permanent or temporary human habitation, either whether as a permanent residence or as temporary or seasonal living quarters, such as a detached garage or carriage house that includes an apartment or guest quarters, or a detached guest house on the same parcel as a principal residence;
            2.   Structures used by the public, such as a place of employment or entertainment; and
            3.   Development that does not meet the NFIP definition of a structure for floodplain management purposes. Examples includes, but are not necessarily limited to, a gazebo, pavilion, picnic shelter, or carport that is open on all sides (roofed but not walled).
      ADDITION (TO AN EXISTING STRUCTURE). Any walled and roofed expansion to the perimeter of a structure in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by independent perimeter load-bearing walls, is new construction.
      APPEAL. A request for a review of the Floodplain Administrator's interpretation of any provision of this chapter, a request for a variance, or a challenge of a Board decision.
      AREA OF SPECIAL FLOOD HAZARD. The land within a community subject to a 1% or greater chance of being flooded in any given year.
      BASE FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year. The BASE FLOOD may also be referred to as the 1% annual chance flood or 100-year flood.
      BASE FLOOD ELEVATION (BFE). The water surface elevation of the base flood in relation to a specified datum, usually the North American Vertical Datum of 1988.
      BASEMENT. That portion of a structure having its floor sub-grade (below ground level) on all sides.
      BEST AVAILABLE FLOOD LAYER (BAFL). Floodplain studies and any corresponding floodplain maps prepared and/or approved by the Indiana Department of Natural Resources which provide base flood elevation information, floodplain limits, and/or floodway delineations for flood hazards identified by approximate studies on the currently effective FIRM (Zone A) and/or for waterways where the flood hazard is not identified on available floodplain mapping.
      BUILDING. See STRUCTURE.
      COMMUNITY. A political entity that has the authority to adopt and enforce floodplain ordinances for the areas within its jurisdiction.
      CRITICAL FACILITY. A facility for which even a slight chance of flooding might be too great. CRITICAL FACILITIES include, but are not limited to, schools, nursing homes, hospitals, police, fire, and emergency response installations, and installations which produce, use or store hazardous materials or hazardous waste.
      DEVELOPMENT.
         (a)   For floodplain management purposes, any man-made change to improved or unimproved real estate including but not limited to:
            1.   Construction, reconstruction, or placement of a structure or any addition to a structure;
            2.   Installing a manufactured home on a site, preparing a site for a manufactured home or installing a recreational vehicle on a site for more than 180 days;
            3.   Installing utilities, erection of walls and fences, construction of roads, or similar projects;
            4.   Construction of flood control structures such as levees, dikes, dams, channel improvements, etc.;
            5.   Mining, dredging, filling, grading, excavation, or drilling operations;
            6.   Construction and/or reconstruction of boat lifts, docks, piers and seawalls;
            7.   Construction and/or reconstruction of, bridges or culverts;
            8.   Storage of materials; or
            9.   Any other activity that might change the direction, height, or velocity of flood or surface waters.
         (b)   DEVELOPMENT does not include activities such as the maintenance of existing structures and facilities such as painting; re-roofing; resurfacing roads; or gardening, plowing, and similar agricultural practices that do not involve filling, grading, excavation, or the construction of permanent structures.
      ELEVATION CERTIFICATE. A FEMA form that is routinely reviewed and approved by the White House Office of Management and Budget under the Paperwork Reduction Act, that is encouraged to be used to collect certified elevation information.
      ENCLOSED AREA (ENCLOSURE). An area of a structure enclosed by walls on all sides.
      ENCLOSURE BELOW THE LOWEST FLOOR. See LOWEST FLOOR and ENCLOSED AREA.
      EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the community's first floodplain ordinance.
      EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
      FEMA. The Federal Emergency Management Agency.
      FILL FOR FLOODPLAIN MANAGEMENT PURPOSES. Any material deposited or placed which has the effect of raising the level of the ground surface above the natural grade elevation. Fill material includes but is not limited to consolidated material such as concrete and brick and unconsolidated material such as soil, sand, gravel, and stone.
      FLOOD or FLOODING.
         (a)   A general and temporary condition of partial or complete inundation of normally dry land areas from:
            1.   The overflow of inland or tidal waters.
            2.   The unusual and rapid accumulation or runoff of surface waters from any source.
            3.   Mudslides (i.e., mudflows) which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
         (b)   FLOOD or FLOODING also includes the collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or current of water exceeding anticipated cyclical levels that result in a flood as defined above.
      FLOOD HAZARD AREA. Areas subject to the 1% annual chance flood. (See SPECIAL FLOOD HAZARD AREA).
      FLOOD INSURANCE RATE MAP (FIRM). An official map of a community, on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
      FLOOD INSURANCE STUDY (FIS). The official hydraulic and hydrologic report provided by FEMA. The report contains flood profiles, as well as the FIRM and the water surface elevation of the base flood.
      FLOOD-PRONE AREA. Any land area acknowledged by a community as being susceptible to inundation by water from any source. (See FLOODPLAIN).
      FLOOD PROTECTION GRADE (FPG). The BFE plus two feet at any given location in the SFHA.
      FLOODPLAIN. Any land area susceptible to being inundated by water from any source. (See FLOOD).
      FLOODPLAIN MANAGEMENT. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
      FLOODPLAIN MANAGEMENT REGULATIONS. Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance), and other applications of police power which control development in flood-prone areas. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
      FLOODPROOFING (DRY FLOODPROOFING). A method of protecting a structure that ensures that the structure, together with attendant utilities and sanitary facilities, is watertight to the floodproofed design elevation with walls that are substantially impermeable to the passage of water. All structural components of these walls are capable of resisting hydrostatic and hydrodynamic flood forces, including the effects of buoyancy, and anticipated debris impact forces.
      FLOODPROOFING CERTIFICATE. A form used to certify compliance for nonresidential structures as an alternative to elevating structures to or above the FPG.
      FLOODWAY. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulative increasing the water surface elevation more than a designated height.
      FREEBOARD. A factor of safety, usually expressed in feet above the BFE, which is applied for the purposes of floodplain management. It is used to compensate for the many unknown factors that could contribute to flood heights greater than those calculated for the base flood.
      FRINGE or FLOOD FRINGE. The portion of the floodplain lying outside the floodway.
      FUNCTIONALLY DEPENDENT USE. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
      HARDSHIP (AS RELATED TO VARIANCES OF THIS CHAPTER). The exceptional hardship that would result from a failure to grant the requested variance. The Town of Bargersville Board of Zoning Appeals requires that the variance is exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional HARDSHIP. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
      HIGHEST ADJACENT GRADE. The highest natural elevation of the ground surface, prior to the start of construction, next to the proposed walls of a structure.
      HISTORIC STRUCTURE. Any structure that is:
         (a)   Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
         (b)   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
         (c)   Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
         (d)   Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by (1) an approved state program as determined by the Secretary of Interior; or (2) directly by the Secretary of Interior in states without approved programs.
      HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSIS. Analyses performed by a professional engineer licensed by the State of Indiana, in accordance with standard engineering practices that are accepted by the Indiana Department of Natural Resources and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles.
      INTERNATIONAL CODE COUNCIL-EVALUATION SERVICE (ICC-ES) REPORT. A document that presents the findings, conclusions, and recommendations from a particular evaluation. ICC-ES REPORTS provide information about what code requirements or acceptance criteria were used to evaluate a product, and how the product should be identified, installed.
      LETTER OF FINAL DETERMINATION (LFD). A letter issued by FEMA during the mapping update process which establishes final elevations and provides the new flood map and flood study to the community. The LFD initiates the six-month adoption period. The community must adopt or amend its floodplain management regulations during this six-month period unless the community has previously incorporated an automatic adoption clause.
      LETTER OF MAP CHANGE (LOMC). A general term used to refer to the several types of revisions and amendments to FEMA maps that can be accomplished by letter. They are broken down into the following categories:
         (a)   CONDITIONAL LETTER OF MAP REVISION (CLOMR). FEMA's comment on a proposed project that would, upon construction, result in modification of the SFHA through the placement of fill outside the existing regulatory floodway.
         (b)   CONDITIONAL LETTER OF MAP REVISION BASED ON FILL (CLOMR-F). A letter from FEMA stating that a proposed structure that will be elevated by fill would not be inundated by the base flood.
         (c)   LETTER OF MAP AMENDMENT (LOMA). An amendment by letter to the currently effective FEMA map that establishes that a building or of land is not located in a SFHA through the submittal of property specific elevation data. A LOMA is only issued by FEMA.
         (d)   LETTER OF MAP AMENDMENT OUT AS SHOWN (LOMA-OAS). An official determination by FEMA that states the property or building is correctly shown outside the SFHA as shown on an effective NFIP map. Therefore, the mandatory flood insurance requirement does not apply. An out-as-shown determination does not require elevations.
         (e)   LETTER OF MAP REVISION (LOMR). An official revision to the currently effective FEMA map. It is issued by FEMA and changes flood zones, delineations, and elevations.
         (f)   LETTER OF MAP REVISION BASED ON FILL (LOMR-F). FEMA's modification of the SFHA shown on the FIRM based on the placement of fill outside the existing regulatory floodway.
      LOWEST ADJACENT GRADE. The lowest elevation, after completion of construction, of the ground, sidewalk, patio, deck support, or basement entryway immediately next to the structure.
      LOWEST FLOOR. For floodplain management purposes, the lowest elevation described among the following:
         (a)   The lowest floor of a building;
         (b)   The basement floor;
         (c)   The garage floor if the garage is connected to the building;
         (d)   The first floor of a structure elevated on pilings or pillars;
         (e)   The floor level of any enclosure, other than a basement, below an elevated structure where the walls of the enclosure provide any resistance to the flow of floodwaters. Designs for meeting the flood opening requirement must either be certified by a registered professional engineer or architect or meet or exceed the following criteria:
            1.   The walls are designed to automatically equalize the hydrostatic flood forces on the walls by allowing for the entry and exit of floodwaters.
            2.   At least two openings are designed and maintained for the entry and exit of floodwater; and these openings provide a total net area of at least one square inch for every one square foot of enclosed area. The bottom of all such openings must be no higher than one foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher. Doorways and windows do not qualify as openings.
         (f)   The first floor of a building elevated on pilings or columns in a coastal high hazard area (as that term is defined in 44 CFR 59.1), as long as it meets the requirements of 44 CFR 60.3.
      MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include a RECREATIONAL VEHICLE.
      MANUFACTURED HOME PARK OR SUBDIVISION. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
      MITIGATION. Sustained actions taken to reduce or eliminate long-term risk to people and property from hazards and their effects. The purpose of MITIGATION is twofold: to protect people and structures, and to minimize the cost of disaster response and recovery.
      NATURAL GRADE FOR FLOODPLAIN MANAGEMENT PURPOSES. The elevation of the undisturbed natural surface of the ground. Fill placed prior to the date of the initial identification of the flood hazard on a FEMA map is also considered natural grade.
      NEW CONSTRUCTION FOR FLOODPLAIN MANAGEMENT PURPOSES. Any structure for which the "start of construction" commenced on or after the effective date of a floodplain management regulations adopted by a community and includes any subsequent improvements to such structures.
      NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the community's first floodplain ordinance.
      NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88) AS ADOPTED IN 1993. A vertical control datum used as a reference for establishing varying elevations within the floodplain.
      OBSTRUCTION. Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, canalization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation, or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water; or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
      PHYSICAL MAP REVISION (PMR). An official republication of a community's FEMA map to effect changes to base (1% annual chance) flood elevations, floodplain boundary delineations, regulatory floodways, and planimetric features. These changes typically occur as a result of structural works or improvements, annexations resulting in additional flood hazard areas, or correction to base flood elevations or SFHAs.
      PREFABRICATED BUILDING. A building that is manufactured and constructed using prefabrication. It consists of factory-made components or units that are transported and assembled on-site to form the complete building.
      PRINCIPALLY ABOVE GROUND. At least 51% of the actual cash value of the structure, less land value, is above ground.
      RECREATIONAL VEHICLE. A vehicle which is:
         (a)   Built on a single chassis;
         (b)   Four hundred square feet or less when measured at the largest horizontal projections;
         (c)   Designed to be self-propelled or permanently towable by a light duty truck;
         (d)   Designed primarily not for use as a permanent dwelling, but as quarters for recreational camping, travel, or seasonal use.
      REGULATORY FLOOD. The flood having a 1% chance of being equaled or exceeded in any given year, as calculated by a method and procedure that is acceptable to and approved by the Indiana Department of Natural Resources and the Federal Emergency Management Agency. The regulatory flood elevation at any location is as defined in division (D)(2) of this section. The REGULATORY FLOOD is also known by the term BASE FLOOD, 1% ANNUAL CHANCE FLOOD, and 100-YEAR FLOOD.
      REPETITIVE LOSS. Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equaled or exceeded 25% of the market value of the structure before the damage occurred.
      RIVERINE. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
      SPECIAL FLOOD HAZARD AREA (SFHA). (Synonymous with AREAS OF SPECIAL FLOOD HAZARD and FLOODPLAIN.) Those lands within the jurisdiction of the Town of Avon subject to a 1% or greater chance of flooding in any given year. SPECIAL FLOOD HAZARD AREAS are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood Insurance Studies as Zones A, AE, A99. The SFHA includes areas that are flood-prone and designated from other federal, state or local sources of data including but not limited to best available flood layer maps provided by or approved by the Indiana Department of Natural Resources, historical flood information reflecting high water marks, previous flood inundation areas, and flood-prone soils associated with a watercourse.
      SOLID WASTE DISPOSAL FACILITY. Any facility involved in the storage or disposal of non-liquid, non-soluble materials ranging from municipal garbage to industrial wastes that contain complex and sometimes hazardous substances. Solid waste also includes sewage sludge, agricultural refuse, demolition wastes, mining wastes, and liquids and gases stored in containers.
      START OF CONSTRUCTION. Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
      STRUCTURE. A walled and roofed building, including a gas or liquid storage tank, which is principally above ground. The term includes a manufactured home, as well as a prefabricated building. It also includes recreational vehicles installed on a site for more than 180 consecutive days.
      SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
      SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "repetitive loss" or "substantial damage" regardless of the actual repair work performed. The term does not include improvements of structures to correct existing violations of state or local health, sanitary, or safety code requirements.
      VARIANCE. A grant of relief from the requirements of this chapter consistent with the variance conditions herein.
      VIOLATION. The failure of a structure or other development to be fully compliant with this chapter.
      WALLED AND ROOFED. A building that has two or more exterior rigid walls and a fully secured roof and is affixed to a permanent site.
      WATERCOURSE. A lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
   (D)   General provisions.
      (1)   Applicability. This section applies to all SFHAs and known flood-prone areas within the jurisdiction of the Town of Bargersville.
      (2)   Basis for establishing regulatory flood data. This section's protection standard is the regulatory flood. The best available regulatory flood data is listed below.
         (a)   The regulatory flood elevation, floodway, and fringe limits for the studied SFHAs within the jurisdiction of the Town of Bargersville, delineated as an "AE Zone" on the Johnson County, Indiana and Incorporated Areas Flood Insurance Rate Map dated August 2, 2007 is determined from the 1% annual chance flood profiles in the Flood Insurance Study of Johnson County, Indiana and Incorporated Areas and the corresponding Flood Insurance Rate Maps (FIRM) dated August 2, 2007 as well as any subsequent updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date. Should the floodway limits not be delineated on the Flood Insurance Rate Map for a studied SFHA designated as an "AE Zone", the limits of the floodway will be according to the best available flood layer as provided by the Indiana Department of Natural Resources.
         (b)   The regulatory flood elevation, floodway, and fringe limits for each of the SFHAs within the jurisdiction of the Town of Bargersville, delineated as an "A Zone" on the Johnson County, Indiana and Incorporated Areas Flood Insurance Rate Map, dated August 2, 2007, as well as any subsequent updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date, must be according to the best available flood layer provided by the Indiana Department of Natural Resources, provided the upstream drainage area from the subject site is greater than one square mile. Whenever a party disagrees with the best available flood layer data, the party needs to replace existing data with better data that meets current engineering standards. To be considered, this data must be submitted to the Indiana Department of Natural Resources for review and subsequently approved.
         (c)   In the absence of a published FEMA map, or absence of identification on a FEMA map, the regulatory flood elevation, floodway, and fringe limits of any watercourse in the community's known flood-prone areas is according to the best data available as provided by IDNR, provided the upstream drainage area from the subject site is greater than one square mile.
         (d)   Upon issuance of a Letter of Final Determination (LFD), any more restrictive data in the new (not yet effective) mapping/study is utilized for permitting and construction (development) purposes, replacing all previously effective less restrictive flood hazard data provided by FEMA.
      (3)   Establishment of floodplain development permit. A floodplain development permit is required in conformance with the provisions of this section prior to the commencement of any development activities in areas of special flood hazard.
      (4)   Compliance. No structure can be located, extended, converted, or structurally altered within the SFHA without full compliance with the terms of this section and other applicable regulations. No land or stream within the SFHA can be altered without full compliance with the terms of this section and other applicable regulations.
      (5)   Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another conflict or overlap, the more stringent restrictions apply.
      (6)   Discrepancy between mapped floodplain and actual ground elevations.
         (a)   In cases where there is a discrepancy between the mapped floodplain (SFHA) on the FIRM and the actual ground elevations, the elevation provided on the profiles governs.
         (b)   If the elevation of the site in question is below the base flood elevation, that portion of the site is included in the SFHA and regulated accordingly.
         (c)   If the elevation (natural grade) of the site in question is above the base flood elevation, that portion of the site is considered outside the SFHA and the floodplain regulations will not be applied. The property owner should apply for a Letter of Map Amendment (LOMA).
      (7)   Interpretation. In the interpretation and application of this section all provisions are considered as minimum requirements; construed in favor of the governing body; and, deemed neither to limit nor repeal any other powers granted under state statutes.
      (8)   Warning and disclaimer of liability. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods can and will occur on rare occasions. Therefore, this article does not create any liability on the part of the town, the IDNR, or the State of Indiana, for any flood damage that results from reliance on this article or any administrative decision lawfully made.
      (9)   Penalties for violation. Failure to obtain a floodplain development permit in the SFHA or failure to comply with the requirements of a floodplain development permit or conditions of a variance is deemed a violation of this chapter and subject to enforcement.
         (a)   A separate offense occurs each day the violation continues to exist.
         (b)   The Administrator informs the owner that such a violation is considered a willful act to increase flood damages and therefore may cause suspension of a Standard Flood Insurance Policy.
         (c)   The town is not prevented from taking other lawful action to prevent or remedy violations. All enforcement costs, including attorney's fees, accrue to the persons responsible.
   (E)   Administration.
      (1)   Designation of Administrator. The Town Council appoints the Administrator to administer and implement the provisions of this section and is referred to as the Floodplain Administrator.
      (2)   Permit procedures. Application for a floodplain development permit is made to the Floodplain Administrator on forms furnished by the Department prior to any development activities and may include plans describing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, earthen fill, storage of materials or equipment, and drainage facilities.
         (a)   At the application stage the following information is required:
            1.   A description of the proposed development;
            2.   Location of the proposed development sufficient to accurately locate property and structures in relation to existing roads and streams;
            3.   A legal description of the property;
            4.   For the reconstruction, rehabilitation, or improvement of an existing structure, or an addition to an existing building, a detailed quote and description of the total work to be completed including but not limited to interior work, exterior work, and labor as well as a certified valuation of the existing (pre-improved or pre-damaged) structure;
            5.   A site plan showing existing and proposed improvements and existing and proposed land grades;
            6.   A letter from a licensed professional surveyor or engineering noting that an elevation reference benchmark has been established or confirmed for those projects requiring elevations to be met;
            7.   Verification that connection to either a public sewer system or to an approved on-site septic system is available and approved by the respective regulatory agency for proposed structures with plumbing;
            8.   Elevation of the top of the lowest floor (including basement) of all proposed structures in Zones A and AE. Elevation should be in NAVD 88;
            9.   Elevation in NAVD 88 to which any nonresidential structure will be floodproofed;
            10.   Plans showing location and specifications for flood openings for any proposed structure with enclosed areas below the flood protection grade;
            11.   Plans showing materials to be used below the flood protection grade for any proposed structure are flood resistant;
            12.   Plans showing how any proposed structure will be anchored to resist flotation or collapse;
            13.   Plans showing how any electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities are designed and/or located. Elevation should be in NAVD 88;Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. A hydrologic and hydraulic engineering study is required, and any watercourse changes submitted to DNR for approval and then to FEMA as a Letter of Map Revision. (See division (E)(3)(f) for additional information.)
            14.   Any additional information, as requested by the Floodplain Administrator, which may be necessary to determine the disposition of a proposed development or structure with respect to the requirements of this chapter.
         (b)   At the construction stage the following information is required: Upon establishment of the lowest floor of an elevated structure or structure constructed on fill, it is the duty of the applicant to submit to the Floodplain Administrator an elevation certificate for the building under construction. The Floodplain Administrator reviews the elevation certificate. Any deficiencies detected during the review must be corrected by the applicant before work is allowed to continue. Failure to submit the survey or failure to make said corrections required is cause to issue a stop-work order for the project.
         (c)   At the completion of construction, the following information is required: Upon completion of construction of any structure requiring certification of elevation, an elevation certificate which depicts the "as-built" lowest floor elevation and other applicable elevation data is required to be submitted by the applicant to the Floodplain Administrator. The elevation certificate is prepared by or under the direct supervision of a registered land surveyor and certified by the same.
            1.   Upon completion of construction of an elevated structure constructed on fill, a fill report is required to be submitted to the Floodplain Administrator to verify the required standards were met, including compaction.
            2.   Upon completion of construction of a floodproofing measure, a floodproofing certificate is required to be submitted by the applicant to the Floodplain Administrator. The floodproofing certificate is prepared by or under the direct supervision of a registered professional engineer or architect and certified by same.
      (3)   Duties and responsibilities of the Floodplain Administrator. The Floodplain Administrator is authorized to enforce the provisions of this section. The Floodplain Administrator is authorized to render interpretations of this section consistent with its intent and purpose. Duties and responsibilities of the Floodplain Administrator include:
         (a)   Enforce the provisions of this chapter;
         (b)   Evaluate application for permits to develop in special flood hazard areas to assure that the permit requirements of this chapter have been satisfied;
         (c)   Interpret floodplain boundaries and provide flood hazard and flood protection elevation information;
         (d)   Issue permits to develop in special flood hazard areas when the provisions of these regulations have been met or refuse to issue the same in the event of noncompliance;
         (e)   Advise permittee that additional federal, state and/or local permits may be required. If specific federal, state and/or local permits are known, require that copies of such permits be provided and maintained on file with the floodplain development permit;
         (f)   Conduct substantial damage determinations to determine whether existing structures, damaged from any source and in special flood hazard areas identified by FEMA, must meet the development standards of these regulations;
         (g)   For applications to improve structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator:
            1.   Verifies and documents the market value of the pre-damaged or pre-improved structure;
            2.   Compares the cost to perform the improvement; or the cost to repair a damaged building to its pre-damaged condition; or, the combined costs of improvements and repair, if applicable, to the market value of the pre-damaged or pre-improved structure. The cost of all work must be included in the project costs, including work that might otherwise be considered routine maintenance. Items/activities that must be included in the cost in keeping with guidance published by FEMA to ensure compliance with the NFIP and to avoid any conflict with future flood insurance claims of policyholders within the community;
            3.   Determines and document whether the proposed work constitutes substantial improvement or repair of substantial damage; the determination requires evaluation of previous permits issued for improvements and repairs as specified in the definition of "substantial improvement' for proposed work to repair damage caused by flood, the determination requires evaluation of previous permits issued to repair flood-related damage as specified in the definition of substantial damage; and
            4.   Notifies the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the applicable general and specific standards in §§ 154.110 to 154.113 of this chapter are required:
         (h)   Notify adjacent communities and the State Floodplain Coordinator prior to any alteration or relocation of a watercourse and submit copies of such notifications to FEMA;
         (i)   Ensure that construction authorization has been granted by IDNR for all development projects subject to division (F)(5) and (7)(a) of this chapter and maintain a record of such authorization (either copy of actual permit/authorization or floodplain analysis/regulatory assessment);
         (j)   Verify the upstream drainage area of any proposed development site near any watercourse not identified on a FEMA map to determine if division (E)(3)(a) is applicable;
         (k)   Assure that maintenance is provided within the altered or relocated portion of the watercourse so that the flood-carrying capacity is not diminished;
         (l)   Verify and record the actual elevation of the lowest floor (including basement) of all new or substantially improved structures, in accordance with division (E)(2);
         (m)   Verify and record the actual elevation to which any new or substantially improved structures have been floodproofed in accordance with division (E)(2);
         (n)   Make on-site inspections of projects in accordance with division (E)(4);
         (o)   Coordinate with insurance adjusters prior to permitting any proposed work to bring any flooddamaged structure covered by a standard flood insurance policy into compliance (either a substantially damaged structure or a repetitive loss structure) to ensure eligibility for ICC funds;
         (p)   Ensure that an approved connection to a public sewer system or an approved on-site septic system is planned for any structures (residential or nonresidential) to be equipped with plumbing;
         (q)   Provide information, testimony, or other evidence as needed during variance hearings;
         (r)   Serve notices of violations, issue stop-work orders, revoke permits and take corrective actions in accordance with division (E)(4);
         (s)   Maintain for public inspection and furnish upon request local permit documents, damaged structure inventories, substantial damage determinations, regulatory flood data, SFHA maps, Letters of Map Change (LOMC), copies of DNR permits, letters of authorization, and floodplain analysis and regulatory assessments (letters of recommendation), federal permit documents, and "as-built" elevation and floodproofing data for all buildings constructed subject to this section;
         (t)   Coordinate map maintenance activities and associated FEMA follow-up in accordance with division (E)(5);
         (u)   Utilize and enforce all Letters of Map Change (LOMC) or Physical Map Revisions (PMR) issued by FEMA for the currently effective SFHA maps of the community;
         (v)   Request any additional information which may be necessary to determine the disposition of a proposed development or structure with respect to the requirements of this chapter.
      (4)   Administrative procedures.
         (a)   Inspections of work in progress. As the work pursuant to a permit progresses, the Floodplain Administrator makes as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and terms of the permit. In exercising this power, the administrator has a right, upon presentation of proper credential, to enter on any premises within the territorial jurisdiction at any reasonable hour for the purposes of inspection or other enforcement action.
         (b)   Stop work orders.
            1.   Upon notice from the Floodplain Administrator, work on any building, structure or premises done contrary to the provisions of this section must immediately cease.
            2.   The notice is in writing and given to the owner of the property, or to his or her agent, or to the person doing the work, and states the conditions under which work may be resumed.
         (c)   Revocation of permits.
            1.   The Floodplain Administrator may revoke a permit or approval, issued under the provisions of the ordinance, in cases where there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based.
            2.   The Floodplain Administrator may revoke a permit upon determination by the Floodplain Administrator that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the structure for which the permit was issued is in violation of, or not in conformity with, the provisions of this chapter.
         (d)   Floodplain management records.
            1.   Regardless of any limitation on the period required for retention of public records, records of actions associated with the administration of this chapter must be kept on file and maintained under the direction of the Floodplain Administrator in perpetuity. These records include permit applications, plans, certifications, Flood Insurance Rate Maps; Letter of Map Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required design certifications and documentation of elevations required by this chapter; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurances that the flood carrying capacity of altered watercourses will be maintained; documentation related to appeals and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this chapter.
            2.   These records are available for public inspection at the Bargersville Town Hall at 24 N. Main Street, Bargersville, IN 46106.
         (e)   Periodic inspection. Once a project is completed, periodic inspections may be conducted by the Floodplain Administrator to ensure compliance. The Floodplain Administrator has a right, upon presentation of proper credential, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action.
      (5)   Map maintenance activities. To meet NFIP minimum requirements to have flood data reviewed and approved by FEMA, and to ensure that the Town of Bargersville flood maps, studies, and other data identified in division (E)(2) accurately represent flooding conditions so appropriate floodplain management criteria are based on current data, the following map maintenance activities are identified:
         (a)   Requirement to submit new technical data.
            1.   For all development proposals that impact floodway delineations or base flood elevations, the community ensures that technical data reflecting such changes be submitted to FEMA within six months of the date such information becomes available. These development proposals include:
               a.   Floodway encroachments that increase or decrease base flood elevations or alter floodway boundaries;
               b.   Fill sites to be used for the placement of proposed structures where the applicant desires to remove the site from the special flood hazard area;
               c.   Alteration of watercourses that result in a relocation or elimination of the special flood hazard area, including the placement of culverts; and subdivision or large-scale development proposals requiring the establishment of base flood elevations.
            2.   It is the responsibility of the applicant to have required technical data for a Conditional Letter of Map Revision or Letter of Map Revision and submitted to FEMA. The Indiana Department of Natural Resources will review the submittals as part of a partnership with FEMA. The submittal should be mailed to the Indiana Department of Natural Resources at the address provided on the FEMA form (MT-2) or submitted through the online Letter of Map Change website. Submittal and processing fees for these map revisions are the responsibility of the applicant.
            3.   The Floodplain Administrator requires a Conditional Letter of Map Revision prior to the issuance of a floodplain development permit for proposed floodway encroachments that increase the base flood elevation.
            4.   Floodplain development permits issued by the Floodplain Administrator are conditioned upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to this section.
         (b)   Right to submit new technical data. The Floodplain Administrator may request changes to any of the information shown on an effective map that does not impact floodplain or floodway delineations or base flood elevations, such as labeling or planimetric details. Such a submission includes appropriate supporting documentation made in writing by the Town Council of the Town of Bargersville and may be submitted to FEMA at any time.
         (c)   Annexation/detachment. Upon occurrence, the Floodplain Administrator notifies FEMA in writing whenever the boundaries of the Town of Bargersville have been modified by annexation or the community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that the Johnson County, Indiana, and Incorporated Areas Flood Insurance Rate Map accurately represent the Town of Bargersville boundaries, include within such notification a copy of a map of the Town of Bargersville suitable for reproduction, clearly showing the new corporate limits or the new area for which the Town of Bargersville has assumed or relinquished floodplain management regulatory authority.
      (6)   Variance procedures.
         (a)   The BZA hears and decides appeals and requests for variances from requirements of this section.
         (b)   The BZA hears and decides appeals when it is alleged an error in any requirement, decision, or determination is made by the Floodplain Administrator in the administration of this section. Any person aggrieved by the decision of the BZA may appeal the decision to the Johnson County Circuit Court.
         (c)   In acting upon applications, the BZA considers all technical evaluations, relevant factors, standards specified in other sections of this chapter, and:
            1.   The danger of life and property due to flooding or erosion damage;
            2.   The danger that materials may be swept onto other lands to the injury of others;
            3.   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
            4.   The importance of the services provided by the proposed facility to the community;
            5.   The necessity of the facility to a waterfront location, where applicable;
            6.   The compatibility of the proposed use with existing and anticipated development;
            7.   The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
            8.   The safety of access to the property in times of flood for ordinary and emergency vehicles;
            9.   The expected height, velocity, duration, rate of rise, and sediment of transport of the floodwaters at the site;
            10.   The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
         (d)   A written report addressing each of the above factors is submitted with the application for a variance.
         (e)   Variances from the provisions of this chapter are only be granted when the board can make positive findings of fact based on evidence submitted at the hearing for the following:
            1.   A showing of good and sufficient cause.
            2.   A determination that failure to grant the variance results in exceptional hardship.
            3.   A determination that granting the variance does not increase flood heights, increase threats to public safety, add extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances.
         (f)   No variance for a residential use within a floodway subject to divisions (F)(5) and (7)(a) of this section may be granted.
         (g)   Any variance granted in a floodway subject to divisions (F)(5) and (7)(a) of this article requires a permit from IDNR.
         (h)   Variances to the provisions for flood hazard reduction of division (E)(2) are granted only when a new structure is located on a lot 0.5 acres or less in size, contiguous to and surrounded by lots with existing structures constructed below the FPG.
         (i)   Variances may be issued for the repair or rehabilitation of "historic structures" upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an "historic structure" and the variance is the minimum to preserve the historic character and design of the structure.
         (j)   Variances may be issued for new construction, substantial improvements, and other development necessary for the conduct of a functionally dependent use.
         (k)   Variances are only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
         (l)   Upon consideration of the factors listed above and the purposes of this chapter, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
         (m)   Any applicant to whom a variance is granted is given written notice specifying the difference between the Flood Protection Grade and the elevation to which the lowest floor is to be built and stating that the cost of the flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
         (n)   The Floodplain Administrator maintains the records of appeal actions and report any variances to the Federal Emergency Management Agency or the Indiana Department of Natural Resources upon request.
   (F)   Provisions for flood hazard reduction.
      (1)   Floodplain status standards.
         (a)   Floodways (riverine). Located within SFHAs, established in division (E)(2), are areas designated as floodways. The floodway is an extremely hazardous area due to the velocity of floodwaters, which carry debris, potential projectiles, and has erosion potential. Under the provisions of the Flood Control Act (I.C. 14-28-1) a permit for construction in a floodway from the Indiana Department of Natural Resources is required prior to the issuance of a local building permit for any excavation, deposit, construction, or obstruction activity located in the floodway. This includes land preparation activities such as filling, grading, clearing, and paving undertaken before the actual start of construction of the structure. General licenses and exemptions to the requirements of the Flood Control Act (I.C. 14-28-1 and 312 IAC 10) may apply to qualified additions/improvements to existing lawful residential structures, rural bridges, logjam removals, wetland restoration, utility line crossings, outfall projects, creek rock removal, and prospecting.
            1.   If the site is in a regulatory floodway as established in division (E)(2), the Floodplain Administrator requires the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana Department of Natural Resources and apply for approval for construction in a floodway, provided the activity does not qualify for a general license or exemption (I.C. 14-28-1 or 312 IAC 10).
            2.   No action can be taken by the Floodplain Administrator until approval has been granted by the Indiana Department of Natural Resources for construction in the floodway, or evidence provided by an applicant that the development meets specified criteria to qualify for a general license or exemption to the requirement of the Flood Control Act. The floodplain development permit must meet the provisions contained in this section.
            3.   The Floodplain Development Permit cannot be less restrictive than an approval issued for construction in a floodway issued by the Indiana Department of Natural Resources, or the specified criteria used to qualify for a general license or exemption to the Flood Control Act for a specific site/project. However, a community's more restrictive regulations (if any) takes precedence.
            4.   In floodway areas identified on the FIRM, development cannot cause an increase in flood levels during the occurrence of the base flood discharge without first obtaining a Conditional Letter of Map Revision and meeting requirements of division (E)(5)(a). A Conditional Letter of Map Revision cannot be issued for development that would cause an increase in flood levels affecting a structure and such development should not be permitted.
            5.   In floodway areas identified by the Indiana Department of Natural Resources through detailed or approximate studies but not yet identified on the effective FIRM as floodway areas, the total cumulative effect of the proposed development, when combined with all other existing and anticipated development, cannot adversely affect the efficiency of, or unduly restrict the capacity of the floodway. This adverse effect is defined as an increase in the elevation of the regulatory flood of at least 0.15 foot as determined by comparing the regulatory flood elevation under the project condition to that under the natural or pre-floodway condition as proven with hydraulic analyses.
            6.   For all projects involving channel modifications or fill (including levees) the town submits the data and request that the Federal Emergency Management Agency revise the regulatory flood data per mapping standard regulations found at 44 CFR 65.12.
         (b)   Fringe (riverine). If the site is in the fringe (either identified on the FIRM or identified by the Indiana Department of Natural Resources through detailed or approximate studies and not identified on a FIRM), the Floodplain Administrator may issue the local floodplain development permit provided the provisions contained in this section have been met.
         (c)   SFHAs without established base flood elevation and/or floodways/fringes (riverine).
            1.   Drainage area upstream of the site is greater than one square mile:
               a.   If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined, and the drainage area upstream of the site is greater than one square mile, the Floodplain Administrator requires the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana Department of Natural Resources for review and comment.
               b.   No action can be taken by the Floodplain Administrator until written approval from the Indiana Department of Natural Resources (approval for construction in a floodway, letter of authorization, or evidence of general license qualification) or a floodplain analysis/regulatory assessment citing the one-percent annual chance flood elevation and the recommended flood protection grade has been received from the Indiana Department of Natural Resources.
               c.   Once the Floodplain Administrator has received the proper written approval, evidence of general license qualification, or floodplain analysis/regulatory assessment approving the proposed development from the Indiana Department of Natural Resources, a floodplain development permit may be issued, provided the conditions of the Floodplain Development Permit are not less restrictive than the conditions received from the Indiana Department of Natural Resources and the provisions contained in this section have been met.
            2.   Drainage area upstream of the site is less than one square mile:
               a.   If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined and the drainage area upstream of the site is less than one square mile, the Floodplain Administrator requires the applicant to provide an engineering analysis showing the limits of the floodplain and one-percent annual chance flood elevation for the site.
               b.   Upon receipt, the Floodplain Administrator may issue the local floodplain development permit, provided the provisions contained in this section have been met.
         (d)   SFHAs not identified on a map.
            1.   If a proposed development site is near a waterway with no SFHA identified on a map, the Floodplain Administrator verifies the drainage area upstream of the site. If the drainage area upstream of the site is verified as being greater than one square mile, the Floodplain Administrator requires the applicant to forward the application, along with all pertinent plans and specifications, to the Indiana Department of Natural Resources for review and comment.
            2.   No action can be taken by the Floodplain Administrator until written approval from the Indiana Department of Natural Resources (approval for construction in a floodway, letter of authorization, or evidence of general license qualification) or a floodplain analysis/regulatory assessment citing the one-percent annual chance flood elevation and the recommended flood protection grade has been received from the Indiana Department of Natural Resources.
            3.   Once the Floodplain Administrator has received the proper written approval, evidence of general license qualification, or floodplain analysis/regulatory assessment approving the proposed development from the Indiana Department of Natural Resources, a floodplain development permit may be issued, provided the conditions of the floodplain development permit are not less restrictive than the conditions received from the Indiana Department of Natural Resources and the provisions contained in this section have been met.
      (2)   General standards. In all areas of special flood hazard, the following provisions are required:
         (a)   All new construction, reconstruction, or repairs made to a repetitive loss structure, and substantial improvements must be anchored to prevent flotation, collapse or lateral movement of the structure.
         (b)   New construction and substantial improvements must be constructed with materials and utility equipment resistant to flood damage below the FPG.
         (c)   New construction and substantial improvements must incorporate methods and practices that minimize flood damage.
         (d)   Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities must be located at/above the FPG for residential structures. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities must be located at/above the FPG or designed so as to prevent water from entering or accumulating within the components below the FPG for non-residential structures. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG.
         (e)   New and replacement water supply systems must be designed to minimize or eliminate infiltration of floodwaters into the system.
         (f)   New and replacement sanitary sewage systems must be designed to minimize or eliminate infiltration of floodwaters into the system.
         (g)   On-site waste disposal systems must be located and constructed to avoid impairment to them or contamination from them during flooding.
         (h)   Any alteration, repair, reconstruction, or improvements to a structure that is in compliance with the provisions of this chapter must meet the requirements of "new construction" as contained in this chapter.
         (i)   Base flood elevation data must be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions), which is greater than the lesser of 50 lots or five acres.
         (j)   Where an existing or proposed structure or other development is affected by multiple flood zones, by multiple base flood elevations, or both, the development activity must comply with the provisions of this chapter applicable to the most restrictive flood zone and the highest base flood elevation affecting any part of the existing or proposed structure; or for other developments, affecting any part of the area of the development.
         (k)   Fill projects that do not involve a structure must be protected against erosion and scour during flooding by vegetative cover, riprap, or bulk heading. If vegetative cover is used, the slopes cannot be steeper than three feet horizontal to one foot vertical.
         (l)   Non-conversion agreements are required for all new or substantially improved elevated structures with an enclosure beneath the elevated floor, accessory structures, and open-sided shelters.
         (m)   Construction of new solid waste disposal facilities, hazard waste management facilities, salvage yards, and chemical storage facilities are not permitted in areas of special flood hazard.
         (n)   Whenever any portion of the SFHA is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the BFE must be compensated for and balanced by an equivalent volume of excavation taken below the BFE. The excavation volume must be at least equal to the volume of storage lost (replacement ratio of one to one) due to the fill or structure.
            1.   The excavation takes place in the same floodplain on the same property on which the authorized fill or structure is located, provided sufficient space exists. If sufficient space does not exist on the same property, the excavation takes place in the same floodplain no further than 1,000 feet from the site of the authorized fill or structure, provided authorization/permission has been granted by the owners of any property where the excavation is proposed.
            2.   Under certain circumstances, the excavation may be allowed to take place outside of but adjacent to the floodplain provided that the excavated volume will be below the regulatory flood elevation, will be in the same property in which the authorized fill or structure is located, will be accessible to the regulatory floodwater, will not be subject to ponding when not inundated by floodwater, and that it must not be refilled.
            3.   The excavation provides for true storage of floodwater but cannot be subject to ponding when not inundated by floodwater.
            4.   The excavation must be sufficiently stabilized and compacted to remain firm and resist erosion.
            5.   A restrictive covenant stating the approved compensatory cut area (excavation) cannot be altered without approval from the Floodplain Administrator must be executed and recorded in the County Recorder's Office that runs with the property.
            6.   The fill or structure cannot obstruct a drainage way leading to the floodplain.
            7.   The grading around the excavation must be such that the excavated area is accessible to the regulatory floodwater.
            8.   The fill or structure must be of a material deemed stable enough to remain firm and in place during periods of flooding and must include provisions to protect adjacent property owners against any increased runoff or drainage resulting from its placement. When a structure is placed on fill it must follow additional requirements of division (F)(4)(d) and(5)(d).
            9.   Plans depicting the areas to be excavated and filled must be submitted prior to the actual start of construction or any site work; once site work is complete, but before the actual start of construction, the applicant provides to the Floodplain Administrator a certified survey of the excavation and fill sites demonstrating the fill and excavation comply with this section.
      (3)   Specific standards - building protection requirement. In addition to the general standards described in division (F)(2), structures to be located in the SFHA must be protected from flood damage below the FPG. This building protection requirement applies to the following situations:
         (a)   Construction or placement of a residential structure;
         (b)   Construction or placement of a nonresidential structure;
         (c)   Addition or improvement made to an existing structure where the cost of the addition or improvement equals or exceeds 50% of the value of the existing structure (excluding the value of the land). An addition and/or improvement project that is continuous in scope or time is considered as one project for permitting purposes;
         (d)   Reconstruction or repairs made to a damaged structure where the costs of restoring the structure to its before damaged condition equals or exceeds 50% of the market value of the structure (excluding the value of the land) before damage occurred (the costs of any proposed additions or improvements beyond restoring the damaged structure to its before damaged condition must be included in the cost);
         (e)   Installing a travel trailer or recreational vehicle on a site for more than 180 days;
         (f)   Reconstruction or repairs made to a repetitive loss structure;
         (g)   Addition or improvement made to any existing structure with a previous repair, addition or improvement constructed since the community's first floodplain ordinance.
      (4)   Specific standards - residential construction.
         (a)   New construction or substantial improvement of any residential structures must meet provisions described in division (F)(1) and applicable general standards described in division (F)(2).
         (b)   In Zone A and Zone AE, new construction or substantial improvement of any residential structure must have the lowest floor; including basement, at or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters must be provided in accordance with the standards of division (F)(4)(c). Should fill be used to elevate a structure, the standards of division (F)(4)(d) must be met.
         (c)   Fully enclosed areas formed by foundation and other exterior walls below the flood protection grade must meet the following requirement:
            1.   Designed to preclude finished living space and designed to allow for the automatic entry and exit of floodwaters to equalize hydrostatic flood forces on exterior walls. Flood openings must be designed and installed in compliance with criteria set out in FEMA Technical Bulletin 1. Engineered flood openings must be designed and certified by a registered design professional (requires supporting engineering certification or make/model specific ICC-ES Report), or meet the following criteria for non-engineered flood openings:
               a.   Provide a minimum of two openings on different sides of an enclosure. If there are multiple enclosed areas, each is required to meet the requirements for enclosures, including the requirement for flood openings in exterior walls;
               b.   The bottom of all openings must be no more than one foot above the higher of the final interior grade (or floor) and the finished exterior grade immediately under each opening;
               c.   If the floor of the enclosure is below the BFE, the openings must be located wholly below the BFE;
               d.   If the floor of the enclosure is at or above the BFE, but below the FPG, the openings must be located wholly below the FPG;
               e.   Doors and windows do not qualify as openings;
               f.   Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions;
               g.   Openings are to be not less than three inches in any direction in the plane of the wall. This requirement applies to the hole in the wall, excluding any device that may be inserted such as typical foundation air vent device.
            2.   The floor of such enclosed area must be at or above grade on at least one side.
         (d)   A residential structure may be constructed on a fill in accordance with the following:
            1.   Fill must be placed in layers no greater than one foot deep before compacting to 95% of the maximum density obtainable with either the Standard or Modified Proctor Test method. The results of the test showing compliance must be retained in the permit file.
            2.   Fill must extend ten feet beyond the foundation of the structure before sloping below the BFE.
            3.   Fill must be protected against erosion and scour during flooding by vegetative cover, riprap, or bulk heading. If vegetative cover is used, the slopes cannot be steeper than three feet horizontal to one foot vertical.
            4.   Fill must not adversely affect the flow of surface drainage from or onto neighboring properties.
            5.   Fill must be composed of clean granular or earthen material.
         (e)   A residential structure may be constructed using a stem wall foundation (also called chain wall, raised-slab-on-grade, and slab-on-stem-wall-with-fill). Any backfilled stem wall foundation (also called chain wall, raised-slab-on-grade, and slab-on-stem-wall-with-fill) must be backfilled with compacted structural fill, concrete, or gravel that supports the floor slab. No flood openings are required for this type of construction.
      (5)   Specific standards - non-residential construction.
         (a)   New construction or substantial improvement of any non-residential structures (excludes accessory structures) must meet provisions described in Article 5, Section A and applicable general standards described in division (F)(2).
         (b)   In Zone A and Zone AE, new construction, or substantial improvement of any commercial, industrial, or non-residential structure (excludes accessory structures) must either have the lowest floor, including basement and, elevated to or above the FPG or be floodproofed to or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters must be provided in accordance with the standards of division (F)(5)(c). Should fill be used to elevate a structure, the standards of division (F)(5)(d) must be met.
         (c)   Fully enclosed areas formed by foundation and other exterior walls below the flood protection grade must meet the following requirement:
            1.   Designed to preclude finished living space and designed to allow for the automatic entry and exit of floodwaters to equalize hydrostatic flood forces on exterior walls. Flood openings must be designed and installed in compliance with criteria set out in FEMA Technical Bulletin 1. Engineered flood openings must be designed and certified by a registered design professional (requires supporting engineering certification or make/model specific ICC-ES Report), or meet the following criteria for non-engineered flood openings:
               a.   Provide a minimum of two openings on different sides of an enclosure. If more than one enclosed area is present, each must have openings on exterior walls (having a total net area of not less than one square inch for every one square foot of enclosed area).
               b.   The bottom of all openings must be no more than one foot above the higher of the final interior grade (or floor) and the finished exterior grade immediately under each opening.
               c.   Doors and windows do not qualify as openings.
               d.   Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.
               e.   Openings are to be not less than three inches in any direction in the plane of the wall. This requirement applies to the hole in the wall, excluding any device that may be inserted such as typical foundation air vent device.
            2.   The floor of such enclosed area must be at or above grade on at least one side.
            3.   The interior portion of such enclosed area cannot be partitioned or finished into separate rooms.
         (d)   A nonresidential structure may be constructed on a permanent land fill in accordance with the following:
            1.   Must be placed in layers no greater than one foot deep before compacting to 95% of the maximum density obtainable with either the Standard or Modified Proctor Test method. The results of the test showing compliance must be retained in the permit file;
            2.   Must extend ten feet beyond the foundation of the structure before sloping below the BFE;
            3.   Must be protected against erosion and scour during flooding by vegetative cover, riprap, or bulk heading. If vegetative cover is used, the slopes cannot be steeper than three feet horizontal to one foot vertical;
            4.   Cannot adversely affect the flow of surface drainage from or onto neighboring properties;
            5.   Must be composed of clean granular or earthen material.
         (e)   A nonresidential structure may be floodproofed in accordance with the following:
            1.   A registered professional engineer or architect certifies the structure has been designed so that below the FPG, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The structure design takes into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. The certification is provided to the Floodplain Administrator.
            2.   Floodproofing measures must be operable without human intervention and without an outside source of electricity.
         (f)   A nonresidential structure may be constructed using a stem wall foundation (also called chain wall, raised-slab-on-grade, and slab-on-stem-wall-with-fill). Any backfilled stem wall foundation must be backfilled with compacted structural fill, concrete, or gravel that supports the floor slab. No flood openings are required for this type of construction.
      (6)   Specific standards - manufactured homes and recreational vehicles.
         (a)   These requirements apply to all manufactured homes to be placed on a site in the SFHA:
            1.   The manufactured home must be elevated on a permanent foundation such that the lowest floor must be at or above the FPG and securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
            2.   Fully enclosed areas formed by foundation and other exterior walls below the FPG must be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in division (F)(4)(c).
            3.   Flexible skirting and rigid skirting not attached to the frame or foundation of a manufactured home are not required to have openings.
         (b)   Recreational vehicles placed on a site in the SFHA must either:
            1.   Be on site for less than 180 days and be fully licensed and ready for use on a public highway (defined as being on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or
            2.   Meet the requirements for "manufactured homes" as stated earlier in this section.
      (7)   Specific standards - accessory structures. Within SFHAs, new construction or placement of an accessory structure must meet the following standards:
         (a)   Must have a floor area of 400 square feet or less;
         (b)   Use is limited to parking of vehicles and limited storage;
         (c)   Cannot be used for human habitation;
         (d)   Must be constructed of flood resistant materials;
         (e)   Must be constructed and placed on the lot to offer the minimum resistance to the flow of floodwaters;
         (f)   Must be firmly anchored to prevent flotation;
         (g)   Service facilities such as electrical and heating equipment must be elevated or floodproofed to or above the FPG;
         (h)   Must be designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls as required for elevated structures in division (F)(5)(c);
         (i)   Cannot have subsequent additions or improvements that would preclude the structure from its continued designation as an accessory structure.
      (8)   Specific standards - free-standing pavilions, gazebos, decks, carports, and similar development. Within SFHAs, new construction or placement of free-standing pavilions, gazebos, decks, carports, and similar development must meet the following standards:
         (a)   Must have open sides (having not more than one rigid wall);
         (b)   Must be anchored to prevent flotation or lateral movement;
         (c)   Must be constructed of flood resistant materials below the FPG;
         (d)   Any electrical, heating, plumbing and other service facilities must be located at/above the FPG;
         (e)   Cannot have subsequent additions or improvements that would preclude the development from its continued designation as a free-standing pavilion, gazebo, carport, or similar open-sided development.
      (9)   Specific standards - above ground gas or liquid storage tanks. Within SFHAs, all newly placed aboveground gas or liquid storage tanks must meet the requirements for a non-residential structure as required in division (F)(5).
      (10)   Standards for subdivision and other new developments.
         (a)   All subdivision proposals and all other proposed new development must be consistent with the need to minimize flood damage.
         (b)   All subdivision proposals and all other proposed new development must have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
         (c)   All subdivision proposals and all other proposed new development must have adequate drainage provided to reduce exposure to flood hazards.
         (d)   In all areas of special flood hazard where base flood elevation data area not available, the applicant provides a hydrologic and hydraulic engineering analysis that generates base flood elevations for all subdivision proposals and all other proposed new development (including manufactured home parks and subdivisions), which is greater than the lesser of 50 lots or five acres, whichever is less.
         (e)   All subdivision proposals must minimize development in the SFHA and/or limit density of development permitted in the SFHA.
         (f)   All subdivision proposals must ensure safe access into/out of SFHA for pedestrians and vehicles (especially emergency responders).
         (g)   Streets, blocks lots, parks and other public grounds must be located and laid out in such a manner as to preserve and utilize natural streams and channels. Wherever possible the floodplains must be included within parks or other public grounds.
      (11)   Standards for critical facilities. Construction of new critical facilities must be, to the extent possible, located outside the limits of the SFHA. Construction of new critical facilities must be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA must have the lowest floor elevated to or above the FPG at the site. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the FPG must be provided to all critical facilities to the extent possible.
(Ord. 2022-17, passed 7-19-2022)

§ 154.037 ARTERIAL CORRIDOR OVERLAY.

   (A)   Purpose and intent. The Comprehensive Plan identifies certain arterial roadways as important gateways and areas of economic opportunity. Additionally, these streets serve a vital traffic carrying function for Bargersville and surrounding communities. The intent of the Arterial Corridor Overlay District is to establish specific requirements to preserve roadway capacity and safety; ensure that development does not inhibit future improvements to these roadways; minimize individual driveway access; protect property values along the corridors; promote economic development; minimize distractions and establish a high quality and inviting image at the entrances to the community.
   (B)   Applicability.
      (1)   Boundaries. The Arterial Corridor Overlay District applies to all property along the entire length and within 500 feet of the centerline on either side of SR 135, SR 37, and CR 144. If any parcel, building, structure, or improvement is only partially located within the overlay district, then the provisions of this overlay apply to the entire parcel, building, structure, or improvement, unless otherwise waived by the Plan Commission.
      (2)   Relation to underlying district. The requirements of this district amend and supersede those imposed on the same lands by the underlying districts.
      (3)   Regulated development. The regulations of this overlay district apply in the circumstances cited below.
         (a)   Construction of any new building or structure;
         (b)   Enlargement or expansion of any existing non-residential building or structure by more than 20% of its gross floor area;
         (c)   Proposed subdivision of land for non-residential uses; or
         (d)   Proposed construction or expansion of a parking lot by more than five spaces.
Farms and single-family homes are exempt from these regulations unless there is a change in use to a non-farm or non-single-family use.
      (4)   The BZA determines if the standards of this overlay apply to the entire lot or if they may be limited to only improvements proposed after the effective date of this chapter. The following factors are considered:
         (a)   The extent and location of the proposed improvements (e.g., buildings, parking, landscaping, drainage, etc.) on the parcel.
         (b)   The extent of conflicts in applying the standards of this overlay with existing and/or planned improvements.
   (C)   Uses. All uses permitted in the underlying zoning district are permitted except the following uses, that are prohibited within the overlay:
      (1)   Adult businesses;
      (2)   Bulk storage of petroleum items not used for on-site manufacturing;
      (3)   Manufacture, use, or storage of explosives;
      (4)   Manufactured home park;
      (5)   Manufactured home sales;
      (6)   Off-premise signage;
      (7)   Penal or correctional institution;
      (8)   Retail sales, service and repair, special handling;
      (9)   Salvage and wrecking;
      (10)   Sanitary landfill;
      (11)   Self-storage facility;
      (12)   Slaughterhouse or rendering plants.
   (D)   Spatial requirements. The minimum requirements for lot area, width, height, and setbacks for the underlying district apply, except as modified in Table 2-1.
 
Table 2-1: ACO Dimensional Requirements
Yard
Min. Setback1
Min. Height
Parking2
Building
Flat Roof
Pitched Roof
Front
35 ft.
35 ft.
14 ft.
16 ft.
Side3
5 ft.
20 ft.
Rear3
5 ft.
20 ft.
Notes:
1   Front setbacks along SR 135 are measured from a point 65 feet from the centerline of the street.
2   Parking refers to areas devoted to parking, drive aisles, loading facilities, vehicle maneuvering areas, and pads for trash enclosures. Entry drives into the site from the abutting street(s) or driveways/access streets connecting to adjoining properties may cross this setback area.
3   Where a side or rear yard in a non-residential district abuts a residential use in a residential district, the parking and building setbacks must be increased to a minimum of 25 feet.
 
   (E)   Site design standards.
      (1)   Landscaping. In addition to the landscape requirements of §§ 154.110 to 154.113, the area between the right-of-way line and the parking or building setback line, as applicable, must meet the following requirements:
         (a)   Trees must be planted at a rate of at least one tree per 20 linear feet of street frontage. At least 20% of the required trees must be evergreens. No more than 30% of any one species can be used.
         (b)   Shrubs must be planted at a rate of at least one shrub per ten linear feet of street frontage. The shrub species used must have a mature height of at least 48 inches. At least 20% of the required shrubs must be evergreens. No more than 30% of any one species can be used.
         (c)   Clustering of trees and shrubs is encouraged. All areas not containing trees or planter areas must be covered with grass or other living groundcover. To the extent practical, all plant material should be native plant species.
         (d)   Existing vegetation may be counted toward the requirements of § 154.110(D)(10).
         (e)   Detention/retention areas are permitted within the landscape area if they do not hamper the effectiveness of the screening provided by the landscaping. To the extent possible, detention/retention areas should have a natural shape and be integrated with the landscape design.
      (2)   Signs. In addition to the signage requirements of §§ 154.110 to 154.113, within the overlay freestanding signs are limited to ground signs with a maximum height of six feet. The area surrounding the base of the sign must be landscaped with shrubs, ground cover and/or other materials that complement the sign but do not obstruct visibility of the sign or vehicles entering or exiting adjacent driveways. Electronic changeable message signs may be contained within the ground sign, in accordance with the applicable requirements of §§ 154.110 to 154.113.
      (3)   Lighting. Site lighting should be of cohesive design, materials, and color throughout the site. Light standards cannot exceed the building height, or 25 feet, whichever is less. When light standards are within 90 feet of a residential use or district, they cannot exceed a height of 15 feet. All lighting must use concealed or shielded light fixtures.
      (4)   Parking. All parking requirements of §§ 154.110 to 154.113 must be met. No more than 20% of all parking spaces may be located within the front yard. All other parking must be in the side or rear yard. However, if a frontage road connecting to the adjoining properties on either side of the subject site is constructed in the front yard parallel to the arterial street, all required parking may be placed in the front yard, if a landscape greenbelt at least 15 feet wide is provided between the parking area and the frontage road (see § 154.110(G)).
      (5)   Other site design requirements.
         (a)   Outdoor storage may be permitted after special exception approval, if allowed within the underlying zoning district. The outdoor storage area must be in the rear yard and must be screened on all sides with a solid fence, wall, or landscaping (see § 154.110(H)).
         (b)   Loading and unloading areas are prohibited in any yard abutting a street. Loading docks cannot face a street and must be screened to block views from any adjacent street or residential district (see § 154.110(H)).
   (F)   Building design standards. The requirements of this section apply to all residential and non-residential buildings within the Arterial Corridor Overlay District, except single and two-family dwellings that are regulated by § 154.147.
      (1)   The following exterior materials are permitted within the overlay: brick, masonry, stone, glass curtain walls or glass block, or exposed aggregate, bush-hammered, sand blasted or similarly finished concrete (including precast concrete panels).
      (2)   At least three exterior materials, colors, or patterns are used on a building facade.
      (3)   Doors, windows, or other architectural features must be used to break large wall planes into smaller components. Building facades oriented to and visible from an adjacent right-of-way cannot have unbroken wall planes longer than 30% of the length of the facade.
      (4)   Permitted roofing materials include architectural shingles, standing seam metal, and rubber membrane (flat roofs only).
      (5)   Pitched roofs must have a minimum pitch of 4 (vertical units): 12 (horizontal units). Flat roofs are permitted if they are surrounded by a parapet in proportion to the supporting walls that conceals roofmounted mechanical equipment.
      (6)   Rooftop equipment, excluding vents and stairwell accesses, visible at ground level from the centerline of abutting public right-of-way, must be screened from view through use of parapet walls, screens, or other building elements or design features.
      (7)   Drive-through service windows must be placed on the side or rear building facades.
      (8)   Entrances to service bays for vehicle repair businesses must be oriented away from view of any arterial street. Vehicle repair and service uses must take place within a fully enclosed area of the building.
      (9)   Chain-link fences and unpainted or unfinished block walls are prohibited. Walls and fences visible at ground level from a public right-of-way or an adjacent parcel must be architecturally finished (i.e., brick, wood, or textured concrete masonry units).
      (10)   Properties with multiple tenants or multiple structures must provide pedestrian connections between tenants and structures via walks or paths at least five feet wide. Where applicable, walks or paths must align with and connect to adjacent properties.
   (G)   Access management standards.
      (1)   All driveways serving attached single-family, multi-family, commercial, office, institutional or industrial uses ("commercial driveways"), must comply with the requirements of this section.
      (2)   Driveway locations must minimize interference with the free movement of traffic, provide adequate sight distance, and provide the most favorable driveway grade.
      (3)   Driveways must be located entirely within the frontage of the premises unless otherwise approved by the town or INDOT, as applicable. Driveways, turn lanes, or acceleration/deceleration lanes located on adjoining property will not be approved unless the property containing these improvements is dedicated as public right-of-way
      (5)    The minimum spacing between a commercial driveway and another commercial driveway or street intersection within the overlay is based upon posted speed limits along the parcel frontage. The minimum spacing indicated in Table 2-2. is measured from centerline to centerline of the driveways.
Table 2-2: Minimum Commercial Driveway Spacing
Posted Speed Limit (mph)
Arterial Street
Collector or Local Street
Table 2-2: Minimum Commercial Driveway Spacing
Posted Speed Limit (mph)
Arterial Street
Collector or Local Street
25
130 ft.
90 ft.
30
185 ft.
120 ft.
35
245 ft.
150 ft.
40
300 ft.
185 ft.
45
350 ft.
230 ft.
50
395 ft.
275 ft.
55
435 ft.
300 ft.
 
      (5)   To reduce left-turn conflicts, new commercial driveways must be aligned with those across the street, where possible. If alignment is not possible, driveways must be offset from those on the opposite side of the street a minimum of 250 feet along arterial streets and 150 feet along collector and local streets. These standards may be reduced by the Plan Commission where there is insufficient frontage and shared access with an adjacent site is not feasible. Longer offsets may be required depending on the expected inbound left-turn volumes of the driveways.
      (6)   In the case of expansion, alteration, or redesign of an existing driveway where it can be demonstrated that preexisting conditions prohibit adherence to the minimum spacing standards, the Plan Commission may modify the driveway spacing requirements. Modifications should be the minimum relief necessary. Spacing of a full-access driveway cannot be less than 75 feet, measured centerline to centerline.
      (7)   The number of commercial driveways serving a single property is the minimum number necessary to provide reasonable access and access for emergency vehicles, while preserving traffic operations and safety along the public street.
      (8)   Access must be provided for each separately owned parcel. Access may be via an individual driveway, shared driveway, or service drive. More than one driveway may be permitted for property if:
         (a)   It has continuous frontage sufficient to satisfy the spacing requirements of Table 2-2;
         (b)   The Plan Commission determines additional access can be provided without compromising traffic operations along the public street; and
         (c)   The Plan Commission determines there are no other reasonable access alternatives such as: shared driveways, connected parking lots, frontage roads, frontage roads or other alternate access routes.
      (9)   Commercial driveways must be designed according to the standards of the Town of Bargersville or INDOT, as applicable.
      (10)   For high traffic generators or commercial driveways along streets experiencing or expected to experience congestion, the Plan Commission may require two egress lanes to provide separate right and left turns out of the site.
      (11)   Where a boulevard entrance is proposed by the applicant or required by the Plan Commission, a curbed island must separate the ingress and egress lanes. The entrance must be designed to accommodate the largest vehicle to use the driveway. The island must have a minimum area of 180 square feet.
      (12)   Where noted above or where the Plan Commission determines reducing the number of access points is beneficial while preserving the property owner's right to reasonable access, a shared commercial driveway, or frontage road connecting two or more properties or uses may be required. Frontage roads may be required near existing traffic signals or at locations having potential for future signalization and along street segments with a relatively high number of crashes or limited sight distance.
      (13)   Shared commercial driveways and frontage roads must be within right-of-way or a recorded access easement. A draft of the access easement must be provided to the Plan Commission for review and approval prior to approval and recording.
      (14)   The Plan Commission may allow temporary access for up to 18 months where the frontage road is not completed if a financial guarantee is provided assuring the elimination of the temporary access upon completion of the frontage road (see § 154.161). Building permits cannot be issued until the financial guarantee has been submitted.
      (15)   Frontage roads are generally parallel to the front property line and may be located either in front of, adjacent to, or behind principal buildings. In considering the most appropriate alignment for a frontage road, the Plan Commission considers the setbacks of existing buildings and anticipated traffic flow for the site. The frontage road should be placed away from the arterial to provide safe, efficient traffic flow and operation. The distance between the roadway traffic and the first internal movement must meet the minimum requirements shown in Table 2-3. For sites with high volumes or heavy truck traffic located on high volume roadways, the required distance may be increased to avoid interference with the arterial traffic flow. If no other design alternatives exist, the Plan Commission may permit lesser separation distances if a right-in/right-out entrance is used. Interior driveways must accommodate at least 100 feet of vehicle stacking.
 
Table 2-3: Interior Separation of Frontage Road from Arterial
Lot Depth
Min. Required Distance
More than 1,000 ft.
200 ft.
500 ft. to 1,000 ft.
At least 20% of lot depth
Less than 500 ft.
100 ft.
 
      (16)   Access easement. If not located within public right-of-way, the frontage road must be within an access easement at least 40 feet wide permitting traffic circulation between properties. The access easement must meet the requirements of § 154.152(E).
      (17)   Construction standards. Frontage roads must have a curb and gutter and be constructed per the town standards for public streets, except a frontage road may have a minimum pavement width of 24 feet.
      (18)   Parking. The frontage road is intended exclusively for circulation and not as a parking maneuvering aisle. The Plan Commission may require the posting of "no parking" signs along the frontage road. In reviewing the site plan, the Plan Commission may permit temporary parking in the easement area where a continuous frontage road is not yet available if the layout allows removal of the parking for the future extension of the frontage road.
      (19)   Access to frontage road. The Plan Commission approves the location of all access points to the frontage road based on the driveway spacing standards listed in Table 2-2.
      (20)   Elevation. The required site plan must indicate the proposed elevation of the frontage road at the property line. The town maintains a record of all frontage road elevations so their grades can be coordinated. Once constructed, the elevation of the frontage road must be provided to the town for its records (see § 154.141).
      (21)   Landscaping. The area between a frontage road and the public right-of-way must be landscaped as specified in § 154.110(F).
      (22)   Maintenance. Each property owner is responsible for maintenance of the easement and frontage road.
(Ord. 2022-17, passed 7-19-2022)

§ 154.038 I-69 INTERCHANGE OVERLAY.

   (A)   General provisions.
      (1)   Purpose and intent. The Comprehensive Plan identifies the I-69 interchange as an important gateway into the town. The intent of the I-69 Corridor Overlay District is to establish specific requirements to promote economic development opportunities offered by the interstate and establish a high quality and inviting image at this entrance to the community.
      (2)   Character descriptions. Overall, the property covered by the I-69 Overlay District serves as a prominent gateway into Bargersville. Development within the overlay should include well-designed roadways, gateway signage, and cohesive signage, lighting, landscaping, and building styles and uses. Technology industries, medical or research-based businesses, and office uses are preferred. Business incubators, coworking spaces, or small maker spaces are also appropriate here. Mixed-use developments should integrate commercial, retail, and residential uses with open space. The property within the I-69 Interchange Overlay is categorized into five areas with distinct character.
         (a)   Area A is located west of I-69. This area is characterized by a mix of technology-focused light industrial, office, and retail uses. Technology manufacturing, research and development, and headquarters facilities are encouraged in this area. Some retail use is anticipated near the CR 144 interchange.
         (b)   Area B is located immediately east of I-69 both north and south of CR 144. This area is characterized by retail uses with a focus on higher end destination retail with a regional focus, such as restaurants, hotels, and regional shopping centers. The northeast quadrant of Area B may be developed for medical/institutional uses.
         (c)   Area C is located east of Area B, north of CR 144. This area is characterized by a mix of retail and mixed-density residential uses. Retail and commercial uses should occur in nodes at major intersections and consist of uses that serve the surrounding residential uses, such as small grocery stores, offices, clinics, and other neighborhood-oriented retail and commercial uses. Residential uses should consist of townhomes and apartments closer to CR 144 transitioning to lower density residential uses abutting the existing residential uses.
         (d)   Area D is located east of Area B, south of CR 144. This area is characterized by a mix of retail, mixed-density residential, and office uses. The retail uses of Area B will extend into Area D and transition to office and residential uses. Higher residential densities for townhomes and apartments are expected near CR 144 and transition to lower density residential uses moving south toward existing residential uses.
         (e)   Area E is located south of Area B and west of Area D. This area is characterized by a mix of technical industry and office uses near I-69 and transitioning to mixed-density residential uses and to low-density residential uses moving south toward existing residential uses.
   (B)   Applicability.
      (1)   Boundaries. The boundaries of the I-69 Interchange Overlay and its areas are illustrated on the Official Zoning Map.
      (2)   Relation to underlying district. The requirements of this district amend and supersede those imposed on the same lands by the underlying districts and the Arterial Corridor Overlay.
      (3)   Regulated development. The regulations of this overlay district apply in the following circumstances (individual single-family homes are exempt from these regulations):
         (a)   Construction of any new building or structure;
         (b)   Enlargement or expansion of any existing non-residential building or structure by more than 20% of its gross floor area; or
         (c)   Proposed subdivisions of land.
      (4)   The BZA determines if the standards of this overlay apply to the entire lot or if they may be limited to only improvements proposed after the effective date of this chapter. The following factors are considered:
         (a)   The extent and location of the proposed improvements (e.g., buildings, parking, landscaping, drainage, etc.) on the parcel.
         (b)   The extent of conflicts in applying the standards of this overlay with existing and/or planned improvements.
   (C)   Approval process. Due to the integrated, mixed-use nature of this district, proposed developments are approved as planned unit developments (PUD) (see § 154.180(F)). Proposed PUDs must be at least 20 acres in size. Plats and site plans following an approved PUD do not have a size limitation. Design review approval is required for all proposed developments within this overlay district.
   (D)   Uses. All uses permitted in the underlying zoning district are permitted except as otherwise excluded or prohibited below.
      (1)   Prohibited uses. The following uses are prohibited uses within the I-69 Corridor Overlay District:
         (a)   Adult businesses;
         (b)   Bulk storage of petroleum items not used for on-site manufacturing;
         (c)   Manufacture, use, or storage of explosives;
         (d)   Manufactured home park;
         (e)   Manufactured home sales;
         (f)   Off-premise signage;
         (g)   Penal or correctional institution;
         (h)   Retail sales, service and repair, special handling;
         (i)   Salvage and wrecking;
         (j)   Sanitary landfill;
         (k)   Self-storage facility;
         (l)   Slaughterhouse or rendering plants;
         (m)   Truck stops.
      (2)   Preferred uses. Uses within a proposed PUD should align with the uses associated with the character descriptions in division (A)(2) above.
   (E)   Spatial requirements. The spatial requirements specified in the Arterial Corridor Overlay District apply to all parcels within the I-69 Interchange Overlay District regardless of their distance from CR 144.
   (F)   Site design standards. The site design standards specified in the Arterial Corridor Overlay District apply to all parcels within the I-69 Interchange Overlay District regardless of their distance from CR 144.
   (G)   Building design standards. The building design standards specified in the Arterial Corridor Overlay District apply to all parcels within the I-69 Interchange Overlay District regardless of their distance from CR 144.
   (H)   Access management standards. See § 154.037(G).
(Ord. 2022-17, passed 7-19-2022)

§ 154.039 PERMITTED USES.

   (A)   Applicability. Buildings, structures, or land must only be used in a manner permitted in the zoning districts where they are located. Buildings or structures must be erected, reconstructed, or structurally altered in compliance with this chapter.
   (B)   Land use specified. Each land use is classified as a permitted, not permitted, or a special exception use for each zoning district in the use tables of this chapter (the "Use Table") or elsewhere in this chapter.
   (C)   Special exception uses. A special exception use requires a greater degree of review because of its potential impact upon the immediate neighborhood and the community. The BZA reviews a special exception petition's characteristics and impacts to determine its suitability in each location for those Zoning Districts in which it is permitted. Special exception approval is subject to a public hearing and review by the BZA (see § 154.180(H)).
   (D)   Unlisted or questionable land uses. If a land use is not specifically listed on the Permitted Use Table, the Administrator determines the land use classification of the use. This determination is appealable to the BZA (see § 154.180(C)).
   (E)   Primary use classifications, categories and specific use types.
      (1)   Primary use classifications. All primary land uses in the Permitted Use Table are organized into one of the following five general land use classifications:
         (a)   Residential uses;
         (a)   Civic, public and institutional uses;
         (b)   Commercial sales, service and repair uses;
         (c)   Industrial, manufacturing and wholesale uses;
         (d)   Agriculture.
      (2)   Primary use categories and specific use types. Primary uses are further organized into use categories and specific use types under each general classification. The Permitted Use Table is organized into the above five general land use classifications, use categories and specific use types.
      (3)   Classifications and categories are mutually exclusive. The general land use classifications and use categories listed in the Permitted Use Table are mutually exclusive. For example, the use "Lodging Accommodations," cannot be classified in a different use category, such as "Group Living," unless otherwise expressly allowed by this chapter.
   (F)   Explanation of table cell entries. Each of the cells on the Permitted Use Table indicates whether a use is permitted or not and what limitations apply to the specific use. Items listed in the Use Limitations column refer to conditions for a specific use (see § 154.040).
      (1)   Permitted use ("P"). A "P" in a table cell indicates the use is permitted in the respective zone district and subject to compliance with the use limitations referenced in the second column of the Permitted Use Table (Use Limitation Notes).
      (2)   Use not permitted (blank cell). A blank table cell indicates the use is not permitted in the zone district.
      (3)   Use subject to special exception review ("S"). An "S" in a table cell indicates the use is generally appropriate in the neighborhood context and zone district. Special exception uses may have the potential for limited impacts on adjacent properties or on the established character of the neighborhood context or zone district. "S" uses are subject to BZA public hearing according to special exception review, which grants the BZA the authority to impose conditions on the specified use to mitigate any potential impacts. Such uses must comply with any applicable use limitations noted in the condition column of the Permitted Use Table Use Limitation Notes), as well as the review criteria stated in § 154.180.
(Ord. 2022-17, passed 7-19-2022)

§ 154.040 PERMITTED USE TABLE.

P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
RESIDENTIAL PRIMARY USES
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
RESIDENTIAL PRIMARY USES
Household Living
Dwelling - Single-Family Detached: Standard
P
P
P
P
P
P
P
S
P
Min. 2 spaces/unit
Dwelling - Single-Family Detached: Compact
S
P
P
P
S
P
Min   . 2 spaces/unit
Dwelling - Duplex
S
P
P
P
S
P
Min.    1.25 spaces/unit
Dwelling - Bungalow Court
S
P
P
P
P
Min. 1.25 spaces/unit
Dwelling - Townhouse
S
P
P
P
P
Min. 1.25 spaces/unit
Dwelling - Apartment Building: Small
S
P
P
P
P
Min. 1.25 spaces/unit
Dwelling - Apartment Building: Large
P
P
P
Min. 1.25 spaces/unit
Accessory Dwelling Unit
P
P
P
P
P
P
P
S
P
Min. 1 space/unit
Live/Work Dwelling
§154.041(A)
P
P
Min. 1.25 spaces/unit
Manufactured Home Parks
Min. 2 spaces/unit
 
 
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
RESIDENTIAL PRIMARY USES (CONT’D)
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
RESIDENTIAL PRIMARY USES (CONT’D)
Household Living (Cont’d)
Residence for Older Adults
S
P
P
Min. 0.75 spaces/unit
Upper Story Residential
P
P
P
Min. 1 space/unit
Group Living
Assisted Living Facilities
S
P
P
S
P
0.83 spaces/unit
Childcare Home
P
P
P
P
P
P
P
S
S
0.28 spaces/unit
Fraternity, Sorority, or Student Housing
S
S
1.38 spaces/unit
Group Residential Facility
S
S
S
S
S
0.28 spaces/unit
Nursing Home, Hospice
S
S
S
P
0.83 spaces/unit
Rooming or Boarding House
S
S
S
S
5.5 spaces/1,000 sq. ft. GFA
 
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
CIVIC, PUBLIC, AND INSTITUTIONAL PRIMARY USES
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
CIVIC, PUBLIC, AND INSTITUTIONAL PRIMARY USES
Basic Utilities
Utility, Major Impact
§154.041(B)
S
P
S
P
.55 spaces/1,000 sq. ft. GFA
Utility, Minor Impact
§154.041(C)
S
S
P
S
P
S
S
.55 spaces/1,000 sq. ft. GFA
Community/Public Services
Cemetery
§154.041(D)
P
P
P
P
1.1 spaces/1,000 sq. ft. GFA
Childcare Facilities
S
S
P
S
S
P
1.1 spaces/1,000 sq. ft. GFA
Community Center
§154.041(E)
S
P
P
P
P
P
P
P
P
P
S
P
.55 spaces/1,000 sq. ft. GFA
Correctional Institution
§154.041(II)
S
S
4.4 spaces/1,000 sq. ft. GFA
Fairgrounds
S
S
S
No requirement
 
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
CIVIC, PUBLIC, AND INSTITUTIONAL PRIMARY USES (CONT’D)
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
CIVIC, PUBLIC, AND INSTITUTIONAL PRIMARY USES (CONT’D)
Community/Public Services (Cont’d)
Golf Courses and Country Clubs
P
S
S
S
1.1 spaces/1,000 sq. ft. GFA
Hospital, Major
§154.041(DD)
S
S
1.1 spaces/2 beds
Hospital, Minor
§154.041(DD)
S
S
P
S
S
P
2.2 spaces/1,000 sq. ft. GFA
Libraries, Museums, and Cultural Facilities
S
P
P
P
S
P
P
P
1 space/1,000 sq. ft. GFA
Municipal and Government Buildings
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
1.1 spaces/125 sq. ft. GFA
Parks and Playgrounds
§154.041(F)
P
P
P
P
P
P
P
P
P
P
P
P
1.1 spaces/50 sq. ft. GFA
Education
Colleges and Universities
S
S
S
S
1.1 spaces/1,000 sq. ft. GFA
Commercial Studios
P
P
P
P
1.1 spaces/1,000 sq. ft. GFA
 
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
CIVIC, PUBLIC, AND INSTITUTIONAL PRIMARY USES (CONT’D)
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
CIVIC, PUBLIC, AND INSTITUTIONAL PRIMARY USES (CONT’D)
Education (Cont’d)
Vocational Schools
P
P
S
P
1.1 spaces/1,000 sq. ft. GFA
Public and Religious Assembly
Banquet Facilities and Reception Halls
§154.041(G)
S
P
S
P
.55 spaces/1,000 sq. ft. GFA
Club or Lodge
§ 154.041(G)
P
P
S
.55 spaces/1,000 sq. ft. GFA
Places of Worship
§ 154.041(G)
S
S
S
S
S
S
S
P
S
P
S
P
.55 spaces/1,000 sq. ft. GFA
Public and Religious Assembly, All Others
§ 154.041(G)
P
S
P
S
P
.55 spaces/1,000 sq. ft. GFA
 
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
COMMERCIAL SALES, SERVICES, AND REPAIR PRIMARY USES (CONT'D)
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
COMMERCIAL SALES, SERVICES, AND REPAIR PRIMARY USES (CONT'D)
Adult Business
All Types
§154.061
 
 
 
 
 
 
 
 
 
S
S
 
 
 
 
1.1 spaces/125 sq. ft. GFA
Arts, Recreation and Entertainment
Arts, Recreation, Entertainment, Indoor
§154.041(H)
S
S
S
S
S
S
S
P
S
P
S
S
S
P
P
2.75 spaces/1,000 sq. ft. GFA
Arts, Recreation, Entertainment, Outdoor
§154.041(CC), (DD)
S
S
S
S
S
S
S
2.75 spaces/1,000 sq. ft. GFA
Sports and/or Entertainment Arena or Stadium
§154.041(X), (CC)
S
P
S
S
S
S
1.1 spaces/4 seats or 1.1 spaces/40 sq. ft. GFA
Parking of Vehicles
Parking Garage
§154.041(K)
S
S
S
No requirement
Parking Lot
S
S
S
No requirement
Eating and Drinking Establishments
Restaurants - Class A (table service)
P
P
P
S
S
P
P
5.5 spaces/1,000 sq. ft. GFA
Restaurants - Class B (counter service, no drive-thru)
P
P
P
P
S
P
P
5.5 spaces/1,000 sq. ft. GFA
 
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
COMMERCIAL SALES, SERVICES, AND REPAIR PRIMARY USES (CONT’D)
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
COMMERCIAL SALES, SERVICES, AND REPAIR PRIMARY USES (CONT’D)
Eating and Drinking Establishments (Cont’d)
Restaurants - Class C (counter service w/drive-thru)
S
S
P
P
S
S
P
5.5 spaces/1,000 sq. ft. GFA
Taverns
S
P
P
S
5.5 spaces/1,000 sq. ft. GFA
Winery and Microbrewery
P
S
P
S
5.5 spaces/1,000 sq. ft. GFA
Lodging Accommodations
Bed and Breakfast Establishments
S
S
S
S
S
1.1 spaces/room
Hotel or Motel
P
S
P
1.1 spaces/room
Office
Dental/Medical Office or Clinic
§154.041(L)
P
P
P
P
S
2.2 spaces/1,000 sq. ft. GFA
Medical Clinic, Special Handling
§154.041(M)
S
2.2 spaces/1,000 sq. ft. GFA
 
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
COMMERCIAL SALES, SERVICES, AND REPAIR PRIMARY USES (CONT’D)
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
COMMERCIAL SALES, SERVICES, AND REPAIR PRIMARY USES (CONT’D)
Office (Cont’d)
Research and Development Offices
§154.041(AA)
P
P
P
S
2.2 spaces/1,000 sq. ft. GFA
Office, All Others
P
P
P
P
P
2.2 spaces/1,000 sq. ft. GFA
Retail Sales, Service and Repair
Animal Sales and Services, Household Pets Only
§154.041(N)
S
P
S
P
2.75 spaces/1,000 sq. ft. GFA
Animal Sales and Services, All Others
§154.041(O)
P
P
S
S
1.65 spaces/1,000 sq. ft. GFA
Appliance Sales and Repair
P
P
2.75 spaces/1,000 sq. ft. GFA
Auction Houses
S
S
2.75 spaces/1,000 sq. ft. GFA
Banks and Financial Institutions
P
P
P
P
P
2.75 spaces/1,000 sq. ft. GFA
Food Catering Service
P
P
S
P
2.75 spaces/1,000 sq. ft. GFA
Fueling Stations
§154.041(RR)
S
S
2.75 spaces/1,000 sq. ft. GFA
Grocery or Market
§154.041(P)
S
P
S
P
2.75 spaces/1,000 sq. ft. GFA
Kennels
§154.041(OO)
P
S
S
1.65 spaces/1,000 sq. ft. GFA
Lawn Equipment and Small Engine Sales and Service
P
P
S
2.75 spaces/1,000 sq. ft. GFA
Pawn Shop
§154.041(Q)
S
2.75 spaces/1,000 sq. ft. GFA
Retail Sales, Service and Repair, Outdoor
§154.041(R)
S
S
S
2.75 spaces/1,000 sq. ft. GFA
Retail Sales, Service and Repair, Special Handling
S
2.75 spaces/1,000 sq. ft. GFA
Retail Sales, Service and Repair, All Others
P
P
P
P
P
2.75 spaces/1,000 sq. ft. GFA
Vehicle/Equipment Sales Service and Repair
Automobile Services, Light
§154.041(S), (FF)
P
P
S
.55 spaces/1,000 sq. ft. GFA
Automobile Services, Heavy
§154.041(T), (FF)
S
P
P
S
.55 spaces/1,000 sq. ft. GFA
Boat Sales, Rentals, and Repair
§154.041(U)
P
P
S
.55 spaces/1,000 sq. ft. GFA
Heavy Vehicle/Equipment Sales and Rentals
§154.041(Y)
P
P
.55 spaces/1,000 sq. ft. GFA
Light Vehicle/Motorcycle Sales and Rentals
§154.041(JJ)
P
P
S
.55 spaces/1,000 sq. ft. GFA
 
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
INDUSTRIAL, MANUFACTURING, AND WHOLESALE PRIMARY USES
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
INDUSTRIAL, MANUFACTURING, AND WHOLESALE PRIMARY USES
Communications and Information
Small Cell Facility
P
P
P
P
P
P
No requirement
Telecommunication Towers
S
S
S
S
S
S
No requirement
Telecommunication Facilities - All Others
S
S
S
S
S
S
S
No requirement
Industrial Services
Chemical Manufacturing and Storage
S
.55 spaces/1,000 sq. ft. GFA
Contractors - General
§154.041(EE), (GG)
P
P
.55 spaces/1,000 sq. ft. GFA
Contractors - Heavy/Contractor Yard
§ 154.041(EE), (GG)
P
.55 spaces/1,000 sq. ft. GFA
Food Preparation and Sales, Commercial
P
P
P
.55 spaces/1,000 sq. ft. GFA
Manufacturing
Manufacturing, Fabricating, and Assembly - General
§154.041(Z)
S
P
.55 spaces/1,000 sq. ft. GFA
Manufacturing, Fabricating, and
Assembly - Heavy
§ 154.041(Z)
S
.55 spaces/1,000 sq. ft. GFA
Manufacturing or Refinement of
Asphalt, Cement, Gypsum, Lime,
or Wood Preservatives
§ 154.041(Z)
S
.55 spaces/1,000 sq. ft. GFA
Mining, Extraction, and Energy Conservation
Mineral Extraction
§154.041(I)
P
No requirement
Sand and Gravel Extraction or Sales
§154.041(Z)
P
No requirement
Solar Energy Conversion System
S
No requirement
Wind Energy Conversion System
S
No requirement
Transportation Facilities
Airport
§154.041(CC), (DD)
S
.55 spaces/1,000 sq. ft. GFA
Heliport and Helipads
§154.041(GG), §154.065
S
No requirement
Mass Transit Facility
§154.041(J)
P
P
P
P
S
P
.55 spaces/1,000 sq. ft. GFA
Rail Distribution Yards
§154.041(Z)
S
.55 spaces/1,000 sq. ft. GFA
Transportation Services
§154.041(Z)
S
S
.55 spaces/1,000 sq. ft. GFA
Waste Related Services
Automobile Parts Recycling Business
S
.55 spaces/1,000 sq. ft. GFA
Composting Facility
§154.041(Z)
S
P
No requirement
Recycling Center
S
P
No requirement
Recycling Drop-Off Facilities
P
P
P
P
P
P
P
P
P
P
P
P
S
P
.55 spaces/1,000 sq. ft. GFA
Recycling Plant, Scrap Processor
S
.55 spaces/1,000 sq. ft. GFA
Salvage or Junk Yards
§154.041(HH)
S
.55 spaces/1,000 sq. ft. GFA
Solid Waste Facility
§154.041(KK)
S
No requirement
Wholesale Storage, Warehouse and Distribution
Automobile Towing Service Storage Yard
§154.041(MM)
S
P
P
.55 spaces/1,000 sq. ft. GFA
Bottled Gas Storage and Distribution
S
S
.55 spaces/1,000 sq. ft. GFA
Self-Storage Facilities
§154.041(V)
S
S
P
.11 spaces/1,000 sq. ft. GFA
Truck Freight Terminal/Distribution Center
§154.041(NN)
S
.28 spaces/1,000 sq. ft. GFA
 
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
INDUSTRIAL, MANUFACTURING, AND WHOLESALE PRIMARY USES (CONT’D)
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
INDUSTRIAL, MANUFACTURING, AND WHOLESALE PRIMARY USES (CONT’D)
Wholesale Storage, Warehouse and Distribution (Cont’d)
Vehicle Storage, Commercial
§154.041(W)
P
.55 spaces/1,000 sq. ft. GFA
Wholesale Trade or Storage, General
§154.041(Z)
P
.55 spaces/1,000 sq. ft. GFA
Wholesale Trade or Storage, Light
P
P
.55 spaces/1,000 sq. ft. GFA
AGRICULTURE PRIMARY USES
Anhydrous Ammonia Storage and Distribution
§154.041(CC)
S
S
.55 spaces/1,000 sq. ft. GFA
Aquaculture
§154.041(BB)
S
S
.55 spaces/1,000 sq. ft. GFA
Confined Feeding
No requirement
Farm
P
P
P
P
P
P
P
P
No requirement
Food Processing Plants
S
P
No requirement
Grain and Feed Mills
S
P
P
No requirement
 
 
P = Permitted Use
S = Special Exception
Use Limitation
AG
R-R
R-1
R-2
R-3
R-4
R-5
C-1
C-2
C-3
I-1
I-2
I-3
DT
MU
Parking Maximums (except as noted)
AGRICULTURE PRIMARY USES (CONT’D)
Plant Nursery
§154.041(QQ)
P
P
S
P
.55 spaces/1,000 sq. ft. GFA
Riding Stables and Academies
§154.041(LL)
P
S
No requirement
Roadside Produce Stand
§154.041(PP)
P
S
P
P
S
.55 spaces/1,000 sq. ft. GFA
Sale Barn for Livestock
S
.55 spaces/1,000 sq. ft. GFA
Slaughterhouse
S
.55 spaces/1,000 sq. ft. GFA
 
(Ord. 2022-17, passed 7-19-2022)

§ 154.041 USE LIMITATION NOTES.

   (A)   Live/work dwelling. Where permitted, a live/work dwelling's commercial activity may be any nonresidential primary use permitted in the same zoning districts that the live/work dwelling is established, subject to the limitations below. The following commercial activities, when not otherwise specifically listed as permitted in the applicable zoning districts, are permitted in a live/work dwelling use: art gallery, artist studio, professional studio, office (excluding dental/medical office and clinic) and other similar activities determined by the Administrator.
      (1)   A live/work dwelling use is not a "residential use" or "residential district" or "protected use," nor in any other way be accorded residential protection (e.g., separation) against the effects of surrounding industrial uses as may otherwise be required by this chapter.
      (2)   Any repair, assembly, or fabrication of goods is limited to the use of hand tools or domestic mechanical equipment.
      (3)   The commercial activity must not exceed 50% of the gross floor area of the use.
      (4)   The commercial activity cannot have more than two employees or assistants on the premises at one time. The employees or assistants may be in addition to residents of the live/work dwelling.
      (5)   Signs are limited to not more than two non-animated, non-illuminated wall or window signs with a maximum total area of 20 square feet.
      (6)   Outside storage of any flammable and combustible liquids and flammable gases is prohibited.
      (7)   Nonresidential storage in the live/work dwelling is limited to no more than 10% of the space dedicated to the commercial activity.
   (B)   Major impact utility. Where permitted, a major impact utility is permitted with the following:
      (1)   Sanitary sewer treatment plants must be at least 500 feet from any residential district measured from the edge of the treatment plant facility to the boundary of the residential district.
      (2)   Solid waste facilities must be in a completely enclosed structure and at least 500 feet from any residential district.
      (3)   The expansion of transmission line capacity does not require a zoning permit provided such expansion may be accomplished within an existing right-of-way or with existing structures or poles.
   (C)   Minor impact utility. Where permitted, a minor impact utility is permitted with the following:
      (1)   Electric substations are prohibited in residential districts.
      (2)   Exposed electric substation transformers must be enclosed by a fence or wall at least six feet high and adequate to obstruct view, noise, and passage of persons.
      (3)   A minor impact utility use must be at least 50 feet from the nearest boundary of any lot containing a single- or two-unit dwelling use existing at the time of application for the utility use unless the utility has been sited and designed to assure its compatibility with adjacent dwelling units.
   (D)   Cemetery. Where the use abuts a residential use, a six-foot wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen. Where permitted, a cemetery may include a crematorium if special exception approval is granted by the BZA. The crematorium must be at least 500 feet from a residential district.
   (E)   Community center. Where permitted:
      (1)   A community center cannot have an outdoor public address system or any type of amplified music or sound device;
      (2)   Overnight accommodations are prohibited;
      (3)   Where a community center includes accessory outdoor recreation or entertainment services facilities within or abutting a residential district, all outdoor lighting must be extinguished when the outdoor facilities are not in use, by 10:00 p.m. Sunday through Thursday, and by 11:00 p.m. Friday and Saturday.
   (F)   Parks and playgrounds. Where permitted, a park or recreation facility must comply with the following:
      (1)   Outdoor lighting, except security lighting, must be extinguished when outdoor facilities are not in use, by 10:00 p.m. Sunday through Thursday, or 11:00 p.m. Friday and Saturday.
      (2)   Any recreation facility not completely enclosed (e.g., basketball or racquet sport courts) must be at least 50 feet from the boundary of a residential district.
   (G)   Public and religious assembly uses. In residential districts where permitted, a public or religious assembly use must comply with the following:
      (1)   The following operations must be terminated by 11:00 p.m.: (i) daily operations of uses and activities accessory to a primary public or religious assembly use, including but not limited to, accessory recreation uses or activities; and (ii) daily operations of other primary uses located on the same zone lot as the public or religious assembly use, including but not limited to, childcare centers or elementary or secondary schools, but not including a primary household living use located on the same zone lot.
      (2)   Conference center, club, or lodge use is prohibited.
   (H)   Arts, recreation, and entertainment, indoor uses. In all residential districts where permitted, seating capacity in a permitted arts, recreation, and entertainment, indoor use is limited to no more than 100 people. Where the use abuts a residential use, a six-foot wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen.
   (I)   Mineral extraction is prohibited within urban areas as defined in I.C. 36-7-4-1103. A fence at least six-feet tall is required where the use is accessible to the public. In addition to the buffering requirements of § 154.110(E), where the use abuts a residential use, a six-foot-wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen. The use must be located at least 200 feet from a residential use or district.
   (J)   Mass transit facility. In all residential districts where permitted, the use is limited to a stop or station for the mass passenger transit system; and parking for the use of passengers or employees of the passenger transit provider.
   (K)   Parking garage. Where permitted, a parking garage is limited to enclosed structures or structures enclosed except for portions of the parking structure over 45 feet above grade. Any unenclosed parking deck must have screening walls at least four feet in height. All lighting on the unenclosed parking deck must use fully shielded fixtures, not exceeding 6,500 lumens per fixture, and installed to not project glare off the lot.
   (L)   Dental/medical office or clinic. In addition to the buffering requirements of § 154.110(E), where the use abuts a residential use, a six-foot wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen.
   (M)   Medical clinic - special handling. Where permitted, up to 20 patients or clients may stay overnight at any one time in a medical clinic - special handling use. In addition to the buffering requirements of § 154.110(E), where the use abuts a residential use, a six-foot-wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen.
   (N)   Animal sales and services, household pets. Where permitted, an animal sales and services, household pets use must comply with the following:
      (1)   All sales and services must be for household pets only. Wild or dangerous animal services and sales are prohibited.
      (2)   Overnight boarding is permitted within a completely enclosed building. For uses over 20,000 square feet in GFA dedicated primarily to retail sales, no more than 15% of the GFA can be devoted to overnight boarding.
      (3)   The use must be completely enclosed except outdoor animal runs or other areas in which dogs are allowed outside of an enclosed structure off leash (an "outdoor run"). An outdoor run must comply with the following conditions:
         (a)   Outdoor runs are not permitted within 20 feet of a residential structure in a residential district.
         (b)   The outdoor run may operate only between 6:30 a.m. and 9:00 p.m.
         (c)   No more than 25 non-neutered or non-spayed dogs older than six months may be kept on the premises at any time.
      (4)   Facilities must be constructed, maintained, and operated so animal sounds and smells cannot be discerned on adjacent lots when the outdoor run is not in use.
   (O)   Animal sales and services, all others. Where permitted, an animal sales and services, all others use must comply with the following:
      (1)   Wild or dangerous animal boarding and breeding services are prohibited.
      (2)   No more than 25 non-neutered or non-spayed dogs older than six months may be kept on the premises at any time.
      (3)   Overnight accommodations are allowed.
      (4)   Where located abutting a residential district, a minimum 50-foot-wide landscaped buffer must be provided. The buffer is intended to substantially mitigate potential adverse effects from the animal service use.
   (P)   Grocery. Where permitted, a grocery use must comply with the following:
      (1)   Accessory outdoor sales and displays, including outdoor sales of fruits or vegetables, must occupy no greater than one-fourth the gross floor area of the structure containing the food sales or market primary use.
      (2)   Outdoor storage is prohibited unless enclosed by a fence or wall adequate to conceal such storage from adjacent residential property or public right-of-way.
   (Q)   Pawn shop. Where permitted, a pawn shop cannot be established, operated, or maintained within 1,000 feet of another pawn shop.
   (R)   Retail sales, service, and repair - outdoor. Where permitted, only outdoor retail sales are permitted, and outdoor retail repair or service uses are prohibited.
   (S)   Automobile services-light. Where automobile services-light are permitted, all primary and accessory structures must be set back at least 40 feet from any side or rear lot line abutting a residential district. Automobile wash, laundry, detail, or polishing shops are permitted subject to compliance with the following standards:
      (1)   All washing activities must occur inside a building.
      (2)   Required stacking spaces for waiting vehicles must not be located within a public or private right-of-way and not conflict with maneuvering areas, parking spaces and other activities on the site. Stacking lanes must be designed to prevent vehicle queues from extending beyond the property.
      (3)   Wastewater must be recycled, filtered, or cleansed to minimize discharge of soap, wax, and solid matter into public sewers.
      (4)   For automated drive-through wash facilities, a bypass lane must be provided to allow by-passing waiting vehicles.
      (5)   Overhead doors cannot face any side or rear lot line abutting a residential district. Overhead doors cannot not face a street, except in the following circumstances:
         (a)   When the doors of a through-garage are located at the front and rear of a building;
         (b)   When a garage is located on a corner or through lot; or
         (c)   When determined that a rear overhead door would negatively affect an abutting residential use or district.
      (6)   A vehicle wash facility building and any accessory buildings and uses, including vacuums, must be located at least 100 feet from a street right-of-way line and any residential district boundary.
      (7)   The property owner or operator must comply with all applicable noise regulations. Air handling equipment must be located on a roof, be equipped with intervening noise reduction baffles, and be in proper working condition.
   (T)   Automobile services, heavy. Where permitted, an automobile services, heavy use must comply with the following:
      (1)   All primary and accessory structures must be set back a minimum of 75 feet from any residential district.
      (2)   The lot must be enclosed with a solid fence or wall except for street frontage containing the entrance to the use, street frontage of an automobile retail display area, or any portion of a lot line containing a building wall.
      (3)   The fence or wall must be constructed high enough to conceal vehicles, equipment, or parts located on the lot; provided the wall or fence does not interfere with vision clearance at the intersections (see § 154.099)
      (4)   Permitted fence or wall materials consist of wood, brick, masonry, or other similar durable materials. Salvaged doors, corrugated or sheet metal, and chain link are prohibited fence or wall materials.
   (U)   Boat sales, rentals, and repair. 
      (1)   Where permitted, a boat sales, rentals, and repair use must comply with the following:
         (a)   Outdoor public address or loudspeaker systems are prohibited.
         (b)   Accessory uses and activities may include the retail sale and installation of boat accessories, making minor mechanical adjustment, washing, and polishing of boats.
         (c)   In addition to the buffering requirements of § 154.110(E), adjoining residential districts must be protected from the external effects of permitted outdoor boat or equipment display or storage areas and employee or public parking areas by landscape buffers or an opaque fence or wall at least five feet high or by other means to achieve the same protection purpose.
         (d)   Boats being displayed, serviced, or stored cannot be parked on streets, alleys, public sidewalks, or public landscaped parkways.
         (e)   As permitted, boats displayed outside a completely enclosed structure may have individual signs.
      (2)   Sales display areas are not considered parking lots for the purposes of this chapter (e.g., parking space size requirements, landscaping requirements, etc.).
   (V)   Self-storage facilities. Where permitted in commercial districts, self-storage facilities cannot have individual entrances to storage units from the exterior of the structure.
   (W)   Storage, commercial. Where permitted, the use must be located at least 500 feet from any residential district.
   (X)   Sports and/or entertainment arena or stadium. Where permitted, a sports and/or entertainment arena or stadium use must be at least 500 feet from a residential district.
   (Y)   Heavy vehicle/equipment sales and rentals. Where permitted, a heavy vehicle/equipment sales, rentals, and service use must be located at least 500 feet from the nearest boundary of any residential district existing at the time of application.
   (Z)   Where permitted, the use must be located at least 500 feet from any residential district.
   (AA)   Laboratory, research and development services. Where permitted, a laboratory, research and development services use may include sales facilities limited to non-retail sales and sales activities occupying no more than 20% of the gross floor area of the structure. Such use may include indoor storage space for parts and supplies.
   (BB)   Aquaculture. Where permitted, the outdoor storage of waste material from fish processing is prohibited.
   (CC)   A fence at least six-feet tall is required where the use is accessible to the public (see § 154.092).
   (DD)   In addition to the buffering requirements of § 154.110(E), where the use abuts a residential use, a six-foot wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen.
   (EE)   Building materials and company vehicles must be screened or located so not visible from a perimeter street or adjacent residential use (see § 154.110(H).
   (FF)   Vehicle repair uses must meet the following requirements:
      (1)   A minimum 100 feet of lot frontage is required on an arterial or collector street, as designated in the comprehensive plan. Access to the site must be derived from the abutting arterial or collector street.
      (2)   Driveways or access points must be located a minimum of 100 feet from any street intersection and 50 feet from any adjacent residential district boundary line. No drive can be located nearer than 75 feet, as measured along the property line, to any other driveway.
      (3)   Equipment, including hydraulic hoists, pits, lubrication, and other automobile repairing equipment must be located entirely within an enclosed building. Outdoor storage or display of merchandise, such as tires, lubricants and other accessory equipment is not permitted.
      (4)   Storage of wrecked, partially dismantled, or other derelict vehicles, or overnight parking of any vehicle except a tow truck is permitted only in a designated area. This area must be appropriately screened from public view according to the requirements of § 154.110(H).
      (5)   All maintenance and repair work must be conducted completely within an enclosed building.
      (6)   In front of each service bay a vehicle queuing space accommodating at least two vehicles must be provided.
      (7)   Storage of gasoline, liquefied petroleum gas, oil, or other flammable liquids or gas above ground is not permitted.
      (8)   Floor drains must not connect to the sanitary sewer system.
      (9)   If the use includes installation of oil or other automotive fluids except for fuel, the applicant must have a pollution protection plan to prevent groundwater contamination caused by accidental spills or leakage of gasoline or other hazardous materials, such as special check valves, drain back catch basins, and automatic shut off valves, as approved by the Fire Marshal and MS4 Coordinator.
   (GG)   The use must be located at least 200 feet from a residential use or district.
   (HH)   Minimum front setback: 50 feet; minimum side setback: 40 feet.
      (1)   Use must be located at least 200 feet from a residential use.
      (2)   Use must be enclosed by an eight-foot-high solid wall or fence.
   (II)   Minimum lot area: 40 acres.
   (JJ)   Light vehicle/motorcycle sales and rentals. Where permitted, a light vehicle/motorcycle sales and rentals use must comply with the following:
      (1)   Outdoor public address or loudspeaker systems are prohibited.
      (2)   Accessory uses and activities may include the retail sale of vehicle accessories, oil, grease, antifreeze, tires, batteries, and other similar products; and providing services of installing the above items, making minor mechanical adjustments, washing, and polishing of vehicles.
      (3)   The facility must not include heavy automobile service uses as an accessory or primary use unless permitted as a primary use in the subject zoning district.
      (4)   In addition to the buffering requirements of § 154.110(E), adjoining residential districts must be protected from the external effects of permitted outdoor vehicle or equipment display or storage areas and employee or public parking areas by landscape buffers or an opaque fence or wall at least five feet high or by other means to achieve the same protection purpose.
      (5)   Vehicles being displayed, serviced, or stored cannot be parked on streets, alleys, public sidewalks, or public landscaped parkways.
      (6)   As permitted, vehicles displayed outside a completely enclosed structure may have individual signs.
   (KK)   A fence at least six feet tall is required on all property lines. The fence may be wire mesh or solid.
   (LL)   The minimum lot area must be six acres plus 5,000 square feet per horse over four horses.
      (1)   The stable must be located at least 100 feet from a residential use or district.
      (2)   In addition to the buffering requirements of § 154.110(E), where the use abuts a residential use, a six-foot wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen.
   (MM)   Minimum lot area: two acres.
      (1)   The use must be located at least 100 feet from a residential use or district.
      (2)   A fence at least six feet tall is required where the use is accessible to the public (see § 154.092).
      (3)   In addition to the buffering requirements of § 154.110(E), where the use abuts a residential use, a six-foot wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen.
   (NN)   Minimum lot area: five acres.
      (1)   Where abutting a residential use, minimum front setback: 50 feet; minimum side setback: 40 feet; minimum rear setback: 40 feet.
      (2)   In addition to the buffering requirements of § 154.110(E), where the use abuts a residential use, a six-foot wide planter area landscaped with tightly spaced shrubs at least six feet high at maturity is required to create an effective, year-round screen.
   (OO)   Kennels. Where permitted, kennels must comply with the following:
      (1)   All principal use activities, other than outdoor dog runs or exercise areas, must be conducted within a totally enclosed building.
      (2)   Any dumpsters used by a kennel must be enclosed on all four sides with an opaque fence equipped with a lockable gate and must not be visible from adjacent residential properties. Any disposal of biohazardous waste must be in conformance with state and local requirements.
      (3)   Activities must not generate a noise level greater than 60 decibels for more than four hours in any 24-hour period at any property line.
      (4)   Minimum lot area: three acres.
      (5)   When a kennel is in an agricultural district, the outermost edge of the facility (including the parking area and dog runs) must be at least 500 feet from the property line.
      (6)   When a kennel is in an industrial, business, or mixed-use district, the outermost edge of the facility (including the parking area and dog runs) must be at least 500 feet from the nearest agricultural, residential, or mixed-use zoning district boundary.
   (PP)   Roadside produce stands. Where permitted, roadside produce stands must provide adequate off-street parking and circulation for the scale of the operation. Orange snow fencing or other similar materials are prohibited at stands.
   (QQ)   Retail plant nurseries where plant inventory and related plant products are sold, but the plants are not grown or produced on-site are permitted only in the C-3 General Business District.
   (RR)   Fueling stations. Where permitted, fueling stations must meet the following requirements:
      (1)   There is a minimum lot area of one acre and minimum lot width of 150 feet on an arterial street.
      (2)   Only one driveway is permitted from each street on a corner lot, unless the Board of Zoning Appeals approves a design standards variance to allow additional driveways to ensure safe and efficient access to the site. Driveways or curb openings must be located at least 100 feet from any intersection and 50 feet from any adjacent residential district boundary line. No drive is located nearer than 75 feet, as measured along the property line, to any other driveway. However, if the property is located within the Arterial Corridor Overlay District, the requirements of that district apply.
      (3)   Pump islands must be a minimum of 30 feet from any public right-of-way or lot line. Tanks, propane, and petroleum products must be set back at least 25 feet from any lot line.
      (4)   Overhead canopies must be set back at least 20 feet from the right-of-way (measured from the edge of the canopy). The proposed clearance of any canopy is noted on the site plan. The canopy must not exceed 18 feet in height. Lighting in the canopy is be recessed, fully shielded, and directed downward to prevent offsite glare.
      (5)   If the use includes installation of oil or other automotive fluids except for fuel, the applicant must have a pollution protection plan to prevent groundwater contamination caused by accidental spills or leakage of gasoline or other hazardous materials, such as special check valves, drain back catch basins, and automatic shut off valves, as approved by the Fire Marshal and MS4 Coordinator.
      (6)   If a fueling station use has been abandoned or terminated for more than 12 months, all underground gasoline storage tanks must be removed from the premises, according to State requirements.
      (7)   A fueling station may be combined with other uses, such as convenience store, vehicle wash, and/or restaurants; provided all requirements, including parking, are met for each use and the most restrictive requirements applicable to any single use apply.
(Ord. 2022-17, passed 7-19-2022)

§ 154.042 USE DESCRIPTIONS.

   (A)   Residential primary uses.
      (1)   Household living.
         (a)   Dwelling, single-family detached: standard. A single-family detached dwelling: standard is a detached structure on a medium or large-size lot containing one dwelling unit. It is typically located within a primarily single-family neighborhood. This type is the most common type found in Bargersville. Typically, this building type has a front-load garage, but side-load garages are possible on corner lots or wider lots and rear-load garages are possible on lots abutting an alley.
 
         (b)   Dwelling, single-family detached: compact. A single-family detached dwelling: compact is a detached structure on a small lot containing one dwelling unit. It is typically located within a primarily single-family neighborhood in a walkable urban setting. This building type enables appropriately scaled, well-designed higher densities, provides a broad choice of housing types, and promotes walkability. Typically, this building type has a rear-load garage, but front-load garages are possible if the garage is recessed well behind the front facade of the house. It is important that the front facade of this building type not be dominated by garage doors.
 
         (c)   Dwelling - duplex. A duplex dwelling is a small to medium-size structure that consists of two side-by-side or stacked dwelling units, both facing the street, and within a single building massing. This type has the appearance of a medium to large single-family home and is appropriately scaled to it within primarily single-family residential neighborhoods or medium-density residential neighborhoods. It enables appropriately scaled, well- designed higher densities, provides a broad choice of housing types, and promotes walkability. Both units may be on one lot, or the lot can be split so each unit is on its own lot.
 
         (d)   Dwelling - bungalow court. A bungalow court consists of a series of small, detached structures, providing multiple units arranged on a single lot to define a shared court that is typically perpendicular to the street. The shared court takes the place of a private backyard and becomes an important community-enhancing element of this type. This type is appropriately scaled to it within primarily single-family or medium-density neighborhoods. It enables appropriately scaled, well-designed higher densities, provides a broad choice of housing types, and promotes walkability. Parking is typically located along an alley at the rear of the lot.
 
         (e)   Dwelling - townhouse. A townhouse is a small to medium-size typically attached structure that consists of two to eight townhouses placed side by side. This type may also occasionally be detached with minimal separations between the buildings. This type is typically located within medium-density residential neighborhoods or in a location that transitions from a primarily single-family residential neighborhood into a neighborhood main street. This type enables appropriately scaled, well-designed higher densities, provides a broad choice of housing types, and promotes walkability.
 
         (f)   Dwelling - apartment building: small. An apartment building: small is a structure that consists of three to six side-by-side and/or stacked dwelling units, typically with one shared entry or individual entries along the front. This type has the appearance of a large-size family home and is appropriately scaled to fit within traditional residential or mixed-density residential. This type enables appropriately scaled, well-designed higher densities, provides a broad choice of housing types, and promotes walkability. Parking is typically located in the rear of the lot behind the building.
         (g)   Dwelling - apartment building: large. An apartment building: large is a medium to large-size structure that consists of seven to 30 side-by-side and/or stacked dwelling units, typically with one shared entry. Used in an infill development context, this type is appropriately scaled to fit within mixed density residential neighborhoods or sparingly within large lot predominantly single-family residential neighborhoods. On larger sites, multiple buildings per lot may be appropriate. This type enables appropriately scaled, well-designed higher densities, provides a broad choice of housing types, and promotes walkability.
         (h)   Accessory dwelling unit. A separate, complete housekeeping unit with a separate entrance, kitchen, sleeping area, and full bathroom facilities, which is an attached or detached extension to an existing single-family structure.
         (i)   Upper story residential. In a vertically mixed-use building, residential uses occurring above the first floor of the building.
         (j)   Live/work dwelling. A live/work dwelling is a small to medium-size attached or detached structure that consists of one dwelling unit above and/or behind a flexible ground floor space that can be used for service or retail uses. Both the ground-floor flex space and the unit above are owned by one entity. This type is typically located within medium-density neighborhoods or in a location that transitions from a neighborhood into a neighborhood main street. It is especially appropriate for incubating neighborhood-serving retail and service uses and allowing neighborhood main streets to expand as the market demands. Parking is typically located in the rear of the lot behind the building, often in an attached or detached garage.
         (k)   Mobile home. A movable or portable unit, eight feet or more wide and is 32 feet or more in length, and constructed to be towed on its own chassis (comprised of frame and wheels) from the place of construction to the location or subsequent locations, and designed to be used without a permanent foundation and connected to utilities for year-round occupancy with or without a permanent foundation. The term includes:
            1.   Units containing parts that can be folded, collapsed, or telescoped when being towed and that may be expanded to provide additional cubic capacity;
            2.   Units composed of two or more separately towable components designed to be joined into one integral unit capable of being separated again into the components for repeated towing; and
            3.   Units designed to be used for residential, commercial, educational, or industrial purposes, excluding recreational vehicles.
         (l)   Residence for older adults. A single unit dwelling or multi-unit dwelling housing unrelated mobile older adults (individuals 55 or more years of age) more than the number of unrelated persons permitted per dwelling unit, receiving fewer services than a special care home or assisted living facility. A residence for older adults is not considered a residential care use.
         (m)   Upper story residential. Dwelling units on upper floors of buildings with nonresidential uses at street level.
      (2)   Group living.
         (a)   Assisted living facility. A facility for adults in need of some protective oversight or assistance due to functional limitation that provides a living arrangement integrating shelter, food, and other supportive services to maintain a functional residential status.
         (b)   Childcare home. A family home that receives more than three and up to a maximum of eight children for less than 24 hours per day. The number counted includes the family's natural or adopted children and all other persons under the age of 12.
         (c)   Fraternity, sorority, or student housing. A building containing living quarters for students, staff, or members of an accredited college, university, boarding school, theological school, hospital, religious order, or comparable organization; provided that the building is owned or managed by the organization and contains no more than one cooking and eating area.
         (d)   Group residential facility. A facility licensed by the State of Indiana to provide a homelike setting to the developmentally disabled and/or the mentally ill. This provides the benefits of a group living situation as an alternative to hospitalization or institutionalization.
         (e)   Nursing home. Any institution, whether operated for profit or not, that seeks to provide for a period exceeding 24 hours, nursing care, personal care, or custodial care for three or more persons not related to the owner or manager by blood or marriage, who by reason of illness, physical infirmity, or advanced age require such services, but, in contradistinction to a hospital, does not include any place providing care or treatment primarily for the acutely ill.
         (f)   Hospice. A facility that provides inpatient care and attends to the emotional, spiritual, social, and financial needs of terminally ill patients and their families.
         (g)   Rooming or boarding house. A residential building containing one or more guest rooms used, rented, or hired out, with or without meals, for permanent occupancy. A rooming and boarding house makes no provision for cooking in any of the guest rooms occupied by paying guests.
            1.   A rooming and boarding house use is not considered a residential care use.
            2.   A rooming and boarding house use is not considered a student housing use.
   (B)   Civic, public, and institutional primary uses.
      (1)   Basic utilities.
         (a)   Utility, major impact. A utility use that due to its nature or large scale could have an adverse impact on surrounding properties. Examples include sanitary sewer treatment plants and solid waste facilities.
         (b)   Utility, minor impact. A utility use that due to its nature or small scale is unlikely to have an adverse impact on surrounding properties. Examples include telephone switching stations and completely enclosed utilities.
      (2)   Community/public services.
         (a)   Cemetery. Any land or structure dedicated to and used for the interment, entombment, or inurnment of human remains.
         (b)   Childcare facilities. Any place other than a family home in which people receive childcare services during any part of a day not exceeding 13 hours in any 24-hour period and licensed pursuant to the town and state requirements.
         (c)   Community center. A place, structure, area, or other facility used for and providing programs, information and services generally open to the public and designed to accommodate and serve significant segments of the community.
         (d)   Correctional institution. Publicly or privately operated facility housing people awaiting trial or people serving a sentence after being found guilty of a criminal offense.
         (e)   Fairgrounds. An area where buildings, structures, and land are used for the exhibition of livestock, farm products, etc. and/or for carnival-like entertainment.
         (f)   Golf courses and country clubs. Golf courses are any area within the ground set aside for the purposes of playing golf and includes any golf driving range, golf practice area, or putting green. A country club includes a location with facilities for outdoor sports and social activities for which members pay a membership fee other than a daily fee, periodically for the use of facilities and services by them.
         (g)   Hospital, major. An institution licensed by state law providing short-term health services and medical or surgical care to patients and injured persons. Open 24 hours a day, a major hospital contains more than 100 beds and may offer a wide range of services, including emergency care, scheduled surgeries, labor and delivery services, diagnostic testing, lab work, and patient education. Patients may receive inpatient or outpatient care.
         (h)   Hospital, minor. An institution licensed by state law providing short-term health services and medical or surgical care to patients and injured persons. A minor hospital contains less than 100 beds, may be open 24 hours a day, and may offer services similar to a major hospital, but at a much smaller scale.
         (i)   Library, museums, and cultural facilities. A library is a public facility for the use, but not sale, of literary, musical, artistic, or reference materials. A museum is an institution devoted to the procurement, care, study, and display of objects of lasting interest or value.
         (j)   Municipal and government buildings. A building or facility utilized in the operation of local government. Municipal buildings and facilities include office space for the operation of administrative functions, police, fire, public works, emergency services, disaster relief, municipal parking lots, garages, storage facilities, and lift stations.
         (k)   Parks and playground. An area of land designed or reserved for active or passive recreational use, including all natural and man-made open space and landscaping, facilities, playing fields, and buildings that are consistent with the general purposes of recreation, whether such recreational facilities are public operated or operated by other organizations pursuant to arrangements with the public authority owning the public park. Public parks include tot lots, band shells, picnic grounds, pedestrian trails and paths, landscaped buffers, playgrounds, water features, baseball diamonds, football fields, soccer pitches, and similar outdoor sports fields.
      (3)   Education.
         (a)   Colleges and universities. Educational institutions that offer specialized instruction in any of several fields of study and/or in several professions or occupations and is authorized to confer various degrees such as the bachelor's degree. University or college uses may be composed of multiple buildings and uses organized on an integrated campus property composed of one or more zone lots and blocks. Education uses may include a variety of uses such as classroom buildings, administrative offices, sports facilities, student housing, research facilities and other related uses operated by the governing board of the institution within the campus or on adjoining zone lots.
         (b)   Commercial studios. A commercial operation that includes the sale of, and may include the instruction in, arts and crafts, dance, music and instruments, commercial photography, and other similar commercially oriented operations.
         (c)   Schools - elementary, middle, and high. An institution for the teaching of children; also, physical improvements and structures related to the activity of teaching, as well as associated accessory uses and structures, including maintenance areas, parking athletic fields, outdoor study areas, etc.
         (d)   Vocational schools. A school established to provide for the teaching of industrial, clerical, managerial, or artistic skills. This definition applies to private entities that do not offer a complete educational curriculum (e.g., professional schools, dance schools, business schools, trade schools, art schools, etc.).
      (4)   Public and religious assembly.
         (a)   Banquet facilities and reception halls. A building or a portion of a building rented or reserved by individuals, businesses, or groups to accommodate private functions including banquets, weddings, anniversaries, and other similar celebrations. The facilities may include: (1) kitchen facilities for the preparation or catering of food; (2) the sale of alcoholic beverages for on-premises consumption, only during scheduled events and not open to the public; and (3) outdoor gardens or reception facilities.
         (b)   Club or lodge. An association of persons organized for a common purpose to pursue common goals, interests or activities characterized by certain membership qualifications, payment of fees or dues, regular meetings and a constitution or bylaws.
         (c)   Places of worship. A church, synagogue, temple, mosque, or other facility used for public worship where organized services are held by persons of similar beliefs.
         (d)   Public and religious assembly, all others. Public and religious assembly uses are permanent places where persons regularly assemble for religious worship or secular activities, and which are maintained and controlled by a body organized to sustain the religious or public assembly. Public assembly uses include civic and social organizations such as private lodges, clubs, fraternities, and similar private membership organizations.
   (C)   Commercial sales, services, and repair primary uses.
      (1)   Adult business. Adult businesses are characterized by commercial establishments where the primary use is the sale, rental, display or other offering of live entertainment, dancing, or material characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
      (2)   Arts, recreation and entertainment.
         (a)   Art, recreation, and entertainment, indoor. A public or private facility that provides indoor entertainment including, video arcades, virtual reality games, and mechanical rides.
         (b)   Arts, recreation and entertainment, outdoor. A public or private facility that provides outdoor entertainment including waterslides, water parks, go-cart tracks, miniature golf, batting cages and mechanical rides and games.
         (c)   Sports and/or entertainment arena or stadium. A large structure with tiers of seats for spectators at sporting or other recreational events.
      (3)   Parking of vehicles.
         (a)   Parking garage. A structure of two or more stories used for the temporary parking or storage of more than four motor vehicles.
         (b)   Parking lot. An off-street, surfaced, ground level open area used for the temporary parking or storage of more than four motor vehicles.
      (4)   Eating and drinking establishments.
         (a)   Restaurant - Class A (table service). An establishment whose principal business is the sale of edible, prepared food stuffs and/or beverages for consumption on or off the premises. A Class A restaurant is a restaurant whose principal method of operation includes any two of the following characteristics:
            1.   Customers are provided with an individual menu, are served their food or beverages by wait staff, at the same table items are consumed.
            2.   Cafeteria-type operations where foods or beverages are generally consumed within the restaurant building.
            3.   Carryout service is not the predominant type of service available.
         (b)   Restaurant - Class B (counter service, no drive-thru). An establishment whose principal business is the sale of edible, prepared food stuffs and/or beverages for consumption on or off the premises. A Class B restaurant is a restaurant not falling within the classification of Class A restaurant and having characteristics of offering food service over a counter, having a limited menu of items already prepared and held for service, or prepared, fried, or grilled quickly, or heated in a microwave oven.
         (c)   Restaurant - Class C (counter service with drive-thru). Similar to a Class B restaurant, a Class C restaurant offers food service over a counter and/or through a drive-through facility.
         (d)   Tavern. An establishment whose principal business is the sale and service of alcoholic beverages at retail for consumption on the premises. Food and snacks may also be made available for consumption on the premises.
         (e)   Winery and microbrewery. A facility where wine or beer is sold for consumption onsite or off the premises and may include a restaurant, beverage room, or retail store as accessory uses.
      (5)   Lodging accommodations.
         (a)   Bed and breakfast establishment. A transient lodging establishment, generally in a single-family dwelling or detached guesthouse, primarily engaged in providing overnight or otherwise temporary lodging for the public and may provide meals for compensation.
         (b)   Hotel or motel. A hotel is a building in which lodging is offered with or without meals principally to transient guests and that provides a common entrance, lobby, halls and stairways. A motel is an establishment consisting of a group of attached or detached living or sleeping accommodations for transient guests with bathrooms and closet space, located on a single lot and where access to the sleeping accommodations is directly from the outside. A motel furnishes customary hotel services such as maid service and laundering of linen, telephone and secretarial or desk service, and the use and upkeep of furniture.
      (6)   Office.
         (a)   Dental/medical office or clinic. An establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists, other health care professionals, or similar professions.
         (b)   Medical clinic - special handling. Structures and land where prescription medications are dispensed and/or human patients are admitted for examination and treatment, including substance abuse facilities, where no more than 20 patients are provided with overnight care, meals, and lodging.
         (c)   Research and development offices. A building or group of buildings containing one or more of the following types of facilities:
            1.   A research and development facility, training facility, production studio, laboratory, display/showroom/sales facility, or other similar use which typically has a high ratio of square feet of floor area per employee;
            2.   A building or part of a building devoted to the testing and analysis of any product. No manufacturing is conducted on the premises except for experimental or testing purposes;
            3.   A business primarily engaged in the development or engineering of computer software or computer hardware, but excluding retail sales, computer hardware manufacturers, and computer repair services;
            4.   A facility for the servicing of technological equipment and/or office machinery, such as computers, copying machines and word processing equipment;
            5.   A facility for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory;
            6.   A facility devoted to the testing and analysis of any product, including medical laboratories, biological product manufacturing, and blood and organ banks;
            7.   A laboratory that provides bacteriological, biological, medical, X-ray, pathological and similar analytical or diagnostic services to doctors or dentists. No fabricating is conducted on the premises, except the custom fabrication of dentures or similar dental appliances. This definition excludes in-patient or overnight care, animal hospitals, veterinarians, or other similar services.
         (d)   Office, all others. A use or structure where business or professional activities are conducted and/or business or professional services are made available to the public, including tax preparation, accounting, architecture, legal services, psychological counseling, real estate, and securities brokering, and professional consulting services, but not including drive-through service windows, the cutting and styling or hair, or recreational facilities or amusements.
      (7)   Retail sales, service and repair.
         (a)   Animal sales and services - household pets. An establishment engaged in any of the following:
            1.   The retail sale, grooming, or care of domestic or household animals only, and which may include overnight accommodations. The retail sale of domestic animals (e.g., pet store) is permitted.
            2.   The maintaining, raising, harboring and/or boarding of four or more dogs, or six or more cats, or six or more dogs and cats is considered a primary "animal services and sales - household pets only" use.
            3.   Provision of veterinary medicine, dentistry, or surgery services by licensed veterinary practitioners for household or domestic pets only.
         (b)   Animal sales and services, all others. An establishment engaged in the retail sale, grooming, care, breeding, or boarding of animals, not restricted to domestic or household pets, and which may include overnight accommodations. Includes provision of veterinary medicine, dentistry, or surgery services by licensed veterinary practitioners and animal kennels or other animal boarding facilities not limited to domestic or household pets.
         (c)   Appliance sales and repair. An establishment primarily engaged in the sale, maintenance, or restoration of household or domestic appliances.
         (d)   Auction houses. An establishment involving a sale barn or sale pavilion and its contiguous surroundings where two or more auctions are held within any 12-month period. Each day goods or real estate are being offered for sale at auction constitutes one auction. For facilities used exclusively for the auctioning of livestock see division (E)(10) of this section.
         (e)   Banks and financial institutions. An establishment including a chartered bank, saving association, credit union, or industrial loan company, primarily engaged in the business of providing banking and related financial services to customers, but excluding any establishment whose primary purpose is to provide cash advances, pay day loans, pay day advances, and similar services.
         (f)   Food catering service. An establishment where food and/or beverages, intended for sale or distribution, are prepared in bulk or individual portions, for service in bulk or individual portions, at another location.
         (g)   Fueling stations. A building and premises where the primary use is the supply and dispensation of retail gasoline, diesel fuel, oil, grease, batteries, tires, motor vehicle accessories, and electric vehicle charging stations, and where minor repair services may be provided. This service shall not include major vehicle repair. A parking space served by battery charging station equipment provides transfer of electric energy (by conductive or inductive means) to a battery or other energy source device in an electric vehicle.
         (h)   Grocery or market. Establishments primarily engaged in the direct retail sale of food items such as meats, cereals, grains, produce, baked goods, dairy products, canned and frozen prepared food products, beverages, cleaning supplies, pet food and supplies, pharmaceuticals, over-the-counter medicines, personal products, household goods, books and magazines, plants, and other sundry and similar items are available to be purchased by the consumer. Grocery retail includes grocery stores, supermarkets, meat or fish markets, fruit and vegetable markets, and other uses similar in nature and impact.
         (i)   Kennels. Any premises used to board, breed, sell, train, or treat more than three dogs, cats or other domestic pets who are more than six months old.
         (j)   Lawn equipment and small engine sales and service. An establishment engaged in the retail sale, rental, or mechanical repair of lawn mowers and small engines.
         (k)   Pawn shop. An establishment primarily engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker, and the sale of the property.
         (l)   Retail sales, service and repair, outdoor. The display and sale of products and services outside of a building or structure, including vehicles, garden supplies, gas, motor oil, food and beverages, boats and aircraft, farm equipment, motor homes, burial monuments, building and landscape materials, and similar materials or items.
         (m)   Retail sales, service and repair, special handling. Retail businesses that primarily sell products that require special handling due to risks to public safety. Example businesses include massage parlors, tattoo shops, piercing shops, vapor smoke shops, gun sales, truck stops, flea markets, swap meets, and hunting stores.
         (n)   Retail sales, service and repair, all others. A commercial enterprise that provides goods and/or services directly to the consumer, where the goods are available for immediate purchase and removal from the premises.
      (8)   Vehicle/equipment sales service and repair.
         (a)   Automobile services, light. Establishments providing routine maintenance and minor repair servicing of automobiles, which may include washing, cleaning, waxing, greasing, tire repair, wheel alignment, brake repair, muffler replacement, engine tune-up, flushing of radiators, servicing of air conditioners, and other activities of minor repair and servicing.
         (b)   Automobile services, heavy. Establishments providing major repairs and servicing of automobiles, including engine overhaul or replacement, body work, upholstery work, glass replacement, transmission overhaul, brake repair with drum and disc grinding, replacement of electrical accessories such as starters and alternators, frame alignment, and rebuilding of wrecked automobiles, excluding commercial wrecking, dismantling, junk yard, truck and tractor repair.
         (c)   Boat sales, rentals, and repair. Establishments primarily engaged in the sales, leasing, rental, and related servicing of new and used boats and similar items; excluding dismantling or junk yard.
         (d)   Heavy vehicle/equipment sales and rentals. Establishments primarily engaged in the sales, leasing, or rental, and related servicing, of high capacity mechanical devices for moving earth or other materials, and mobile power units including: carryalls, graders, loading and unloading devices, cranes, drag lines, trench diggers, tractors, augers, bulldozers, concrete mixers and conveyors, harvester combines and other major agricultural equipment and similar devices, trucks in excess of one-and-one-half tons or equipment for use in agriculture, mining, industry, business, transportation, building, or construction; or automobile hitches or trailers, house trailers, and recreational vehicles, but excluding commercial wrecking, dismantling, or junk yard.
         (e)   Light vehicle/motorcycle sales and rentals. Establishments primarily engaged in the sales, leasing, rental, and related servicing of new and used automobiles, light trucks, vans and sport utility vehicles limited to a capacity of not more than one-and-one-half tons, motorcycles, motor scooters, mopeds, all-terrain vehicles, snowmobiles, go- carts, automobile hitches or utility trailers, and similar items; excluding commercial wrecking, dismantling, or junk yard.
   (D)   Industrial, manufacturing, and wholesale primary uses.
      (1)   Communications and information.
         (a)   Small cell facility. A personal wireless service facility (defined by the Federal Telecommunications Act of 1996, as amended) or a wireless facility satisfying the following requirements: (a) each antenna, including exposed elements, has a volume of six cubic feet or less; and (b) the primary equipment enclosure located with the facility has a volume of 28 cubic feet or less. The volume of the primary equipment enclosure excludes: electric meters, concealment equipment, telecommunications demarcation boxes, ground based enclosures, backup power systems, grounding equipment, power transfer switches, and cutoff switches.
         (b)   Telecommunications towers. Any structure designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, and other similar structures. This term also includes any antenna or antenna array attached to the tower structure.
         (c)   Telecommunications facilities. The plant, equipment, and property, including cables, wires, conduits, ducts, pedestals, antennas, towers, electronics, and other appurtenances used to transmit, receive, distribute, provide or offer telecommunications services.
      (2)   Industrial services.
         (a)   Chemical manufacturing and storage. An establishment used for the manufacture or storage of any chemical or chemically reactive products.
         (b)   Contractors, general. An establishment providing general contracting and/or building construction services for residential, farm, industrial, or commercial uses, and which typically does not involve outdoor storage of machinery or equipment. This definition includes: general building contractors; plumbing, heating, air conditioning; painting and paper hanging; electrical work; masonry, stonework, and plastering; carpentry and floor works; roofing, siding, and sheet metal work; glass and glazing work; installing building equipment; and special trade contractors.
         (c)   Contractors, heavy/contractor yard. Establishments providing general contracting and/or construction services other than for buildings, such as for highways and streets, bridges, sewers, and flood control projects, and which may involve outdoor storage of machinery or equipment, or a contractor yard for vehicles, equipment, materials and/or supplies.
         (d)   Food preparation and sales, commercial. Establishments primarily engaged in the preparation and production of prepared food items in individual servings for off-premises consumption and/or sale by others. Typical uses include wholesale bakeries, commissary kitchens, specialty food packaging and/or processing shops, and flight kitchens.
      (3)   Manufacturing.
         (a)   Manufacturing, fabricating, and assembly - general. A manufacturing establishment primarily engaged in the fabrication or assembly of products from prestructured materials or components; or a manufacturing establishment whose operations include storage of materials; processing, fabrication, or assembly of products; and loading and unloading of new materials and finished products, and does not produce or utilize in large quantities as an integral part of the manufacturing process, toxic, hazardous, or explosive materials. Because of the nature of its operations and products, little or no noise, odor, vibration, glare, and/or air and water pollution is produced, and, therefore, there is minimal impact on surrounding properties.
         (b)   Manufacturing, fabricating, and assembly - heavy. A manufacturing establishment whose operations include storage of materials; processing, fabrication, or assembly of products; and loading and unloading of new materials and finished products. Toxic, hazardous, or explosive materials may be produced or used in large quantities as an integral part(s) of the manufacturing process. Noise, odor, dust, vibration, or visual impacts, as well as potential public health problems in the event of an accident, could impact adjacent properties.
         (c)   Manufacturing or refinement of asphalt, cement, gypsum, lime, or wood preservatives. Establishments primarily engaged in manufacturing asphalt and tar paving mixtures or various compositions of asphalt or tar with other materials; manufacturing plaster, plasterboard, and other products composed wholly or chiefly of gypsum; manufacturing quicklime, hydrated lime, and "dead-burned" dolomite from limestone, dolomite shells, or other substances; or treating wood, sawed or planed in other establishments, with creosote or other preservatives to prevent decay and to protect against fire and insects.
      (4)   Mining, extraction, and energy conservation.
         (a)   Mineral extraction. Establishments primarily engaged in the process of removing or extracting minerals and building stone from naturally occurring veins, deposits, bodies, beds, seams, fields, pools, or other concentrations in the earth's crust. This term also includes the preliminary treatment of such ore or building stone.
         (b)   Sand and gravel extraction or sales. Establishments primarily engaged in the extraction of sand and gravel from an open pit to be processed and sold for commercial purposes.
         (c)   Solar energy conservation system. Any mechanism designed for the purpose of converting solar energy into mechanical or electrical power.
         (d)   Wind energy conservation system. Any mechanism including blades, rotors and other moving surfaces designed for the purpose of converting wind into mechanical or electrical power.
      (5)   Transportation facilities.
         (a)   Airport. A facility operated by an airport authority or governmental entity that provides infrastructure and services for air travel, together with all activities commonly associated with the operation of a major air carrier facility. Such services, infrastructure, and activities may include but are not limited to: landing fields; facilities for the parking, storage, fueling, repair, and rental of aircraft; passenger and baggage terminals; air cargo operations and associated facilities; public transportation infrastructure, including terminals and stations; safety facilities such as fire and police stations; open space uses such as agriculture, parks, golf courses, and recreation; energy production; retail, concessions, and other uses designed primarily to serve airline passengers, other airport users, and space; and other accessory uses as determined by the Administrator.
         (b)   Heliport and helipad. A facility for landing or take-off area for rotor craft that may include a passenger terminal and/or routine servicing of rotor craft.
         (c)   Mass transit facility. A facility for bus or other types of transportation service available to the public that move relatively large numbers of people at one time.
         (d)   Rail distribution yards. A facility for the operation of a line-haul or short-line freight railroad.
         (e)   Transportation services. Passenger services provided by public, private, or non-profit entities using modes such as express buses, minibuses, or vans.
      (6)   Waste related services.
         (a)   Automobile parts recycling center. An establishment where motor vehicles are dismantled for selling usable parts and which does not include a junk yard.
         (b)   Composting facility. A commercial or public solid waste processing facility where yard or garden waste is transformed into soil or fertilizer by biological decomposition.
         (c)   Recycling center. A facility where recoverable resources, such as newspapers, magazines, glass, metal cans, plastic materials, tires, grass and leaves, and similar items, except mixed, unsorted municipal waste or medical waste are collected, stored, flattened, crushed, bundled, or separated by grade or type, compacted, baled or packaged for shipment to others for the manufacture of new products. This use does not include SIC group 5015 (motor vehicle parts, used), which is listed as a separate use.
         (d)   Recycling drop-off facilities. A facility for the drop-off and temporary holding of materials such as paper, cardboard, glass, metal, plastic, batteries, and motor oil. Processing of materials is limited to glass breaking and separation.
         (e)   Recycling plant, scrap processor. A facility at which recoverable resources, such as newspapers, magazines, books, and other paper products; glass; metal and aluminum cans; waste oil; iron and steel scrap; rubber; organic materials; and/or other products are recycled and treated to return such products to a condition in which they may again be used for production or for retail or wholesale trade. This definition includes, but is not limited to, all uses in the following SIC group: 5093 Scrap and Waste Materials.
         (f)   Salvage or junk yards. A place where junk, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including automobile wrecking yards, house wrecking and structural steel materials and equipment, but excluding the purchase or storage of used furniture and household equipment, used cars in operable condition, used or salvaged materials as part of manufacturing operations.
         (g)   Solid waste facility. An establishment in which municipal solid waste is collected, separated by material, compacted, baled, or packaged for shipment to others for the manufacture of new products or for disposal. No manufacturing, remanufacturing, fabrication, or processing of new products occurs in this facility. This use may include a waste transfer station.
      (7)   Wholesale storage, warehouse and distribution.
         (a)   Automobile towing service storage yard. The assembling or standing of damaged or impounded vehicles for indeterminate periods of time, excluding the wrecking, dismantling, or repairing of vehicles.
         (b)   Bottled gas storage and distribution. A facility where compressed gas is stored in pressurized portable tanks and is the origin or destination point of tanks being transported.
         (c)   Self-storage facility. All or part of a building used for the storage of personal goods and/or materials.
         (d)   Truck freight terminal/distribution center. Any premises used by a motor freight company as a carrier of goods, that is the origin or destination point of goods being transported, for the purpose of storing, transferring, loading, and unloading goods, but excluding loading and unloading of freight accessory to an otherwise permitted use on the site.
         (e)   Vehicle storage, commercial. Establishments primarily engaged in the assembling or standing of operable vehicles for periods of more than one day. Such use does not include the storage of damaged, dismantled, or impounded vehicles. This land use need not be enclosed.
         (f)   Wholesale trade or storage, general. Establishments primarily engaged in one or more of the following activities: selling durable and nondurable goods to retailers; to industrial, commercial, institutional, farm, or building trade contractors; to professional businesses; or to other wholesalers. Activities may include physically assembling, sorting, and grading goods into large lots and breaking bulk for redistribution in smaller lots; the sale at wholesale and/or storage or warehousing of toxic and/or hazardous materials; providing accessory support services primarily to other businesses (rather than to individuals). Operations with more than 25% of sales to retail customers are categorized as "retail sales" rather than as "wholesale trade" uses. This use excludes self-storage facilities.
         (g)   Wholesale trade or storage, light. Establishments primarily engaged in selling durable and nondurable goods to retailers; to industrial, commercial, institutional, farm, building trade contractors; to professional business uses; or to other wholesalers. Activities may include physically assembling, sorting, and grading goods into large lots and breaking bulk for redistribution in smaller lots in such a way as to have a minimal impact on surrounding properties, excluding the sale at wholesale and/or storage or warehousing of toxic and/or hazardous materials.
   (E)   Agriculture primary uses.
      (1)   Anhydrous ammonia storage and distribution. A facility, or group of facilities, that receives, stores, and handles anhydrous ammonia.
      (2)   Aquaculture. An agricultural use in which food fish, shellfish or other marine foods, aquatic plants, or aquatic animals are cultured or grown to sell them or the products they produce. Includes fish hatcheries, growing tanks or raceways; the processing, storage, packaging and distribution of shellfish and fish; and accessory uses such as feed storage and water treatment facilities.
      (3)   Confined feeding. A facility engaged in the confined feeding of animals as defined in I.C. 13-11-2-40.
      (4)   Farm. A parcel or collection of parcels with an area of at least five acres used for the primary purpose of agriculture, horticulture, floriculture, or viticulture, including accessory facilities for the sale of produce, wine, and dairy products for sale, if most of the products for sale have been produced or grown by the owner of the land on which the facility is located.
      (5)   Food processing plants. A commercial operation that manufactures, packages, labels or stores food for human consumption and does not provide food directly to a consumer.
      (6)   Grain and feed mills. An establishment that produces food, including premixes, supplements, and concentrates, for animal (non-human) consumption from grain, grain byproducts, or alfalfa and other ingredients, without cooking.
      (7)   Plant nursery. An agricultural use in which plants are grown, cultivated, produced, or managed for the on-site or off-site sale of such plants or their products, or for their use in any other business, research, or commerce. Other customarily incidental products may be sold with the plants. Examples of plant nursery uses include: wholesale nurseries with greenhouses or garden stores; tree farms; flower farms; field nurseries; and sod farms. Plant nursery uses do not include forestry or logging uses, or the keeping of animals or livestock except where expressly permitted as an accessory use.
      (8)   Riding stables and academies. A commercial establishment where horses are boarded and cared for, and where instruction in riding, jumping, and showing is offered, and where horses may be hired for riding.
      (9)   Roadside produce stand. A structure for the display and sale of agricultural products grown on the site, with no space for customers within the structure itself.
      (10)   Sale barn for livestock. Establishments where the public may consign livestock for sale by auction open to public bidding or sold on a commission basis. It does not include breed or livestock associations operating subject to and in compliance with the provisions of the Future Farmer and 4-H groups, auction sales conducted in conjunction with county, state or private fairs, or auction sales conducted for a person whose livestock are sold on premises of the person.
      (11)   Slaughterhouse. A facility for the slaughtering and processing of animals and the refining of their byproducts.
(Ord. 2022-17, passed 7-19-2022)