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Borden City Zoning Code

ZONING DISTRICTS/ZONES

§ 156.20 C1 CONSERVANCY ZONE.

   (A)   Intention of district. The intention of this district is to guide land use in those areas which have limited utility due to the terrain, natural conditions or flood-prone nature.
   (B)   Permitted uses. Agricultural uses such as the production of crops, pastures, orchards, nurseries, vineyards, farming, forestry, wildlife and natural preserves.
   (C)   Special uses. Those special uses that are permitted in this District are set forth in § 156.48.
   (D)   Lot size. As per requirements for the particular special use as provided under § 156.48.
   (E)   Setback lines. As per requirements for the particular special use as provided under § 156.48.
   (F)   Height restrictions. As per requirements for the particular special use as provided under § 156.48.
   (G)   Lot coverage. As per requirements for the particular special use as provided under § 156.48.
   (H)   Off-street parking. As per requirements for the particular special use as provided under § 156.48.
   (I)   Signs. All signs are subject to those provisions set forth in §§ 156.45 and 156.46.
(Ord. 17-2007, passed 12-18-2007)

§ 156.21 A1 AGRICULTURAL ZONE.

   (A)   Intention of district. The A1 Agricultural District is designated for agricultural uses and is intended to protect rural areas from urban encroachment until such areas are adaptable to orderly urban expansion. Residential development is limited to houses on large lots, which provide adequate space for private sewer and water systems. It is the intent of this chapter to allow the continuation of existing agricultural operations and protect the use and value of both agricultural and non-agricultural land within the jurisdiction of the Plan Commission.
   (B)   Permitted uses. No building structure or premises shall be used, arranged or designed to be used except for one or more of the following uses:
      (1)   Agricultural uses including crop raising, truck gardens, greenhouses and plant nurseries and accessories as normally associated with such agricultural operations and/or raising of livestock;
      (2)   Single-family dwellings;
      (3)   Soil, water, fish, forest and wildlife conservation uses;
      (4)   Accessory uses;
      (5)   Churches;
      (6)   Seed dealers;
      (7)   Mobile homes;
      (8)   Group homes; and
      (9)   Church.
   (C)   Special uses. Those special uses that are permitted in this district are set forth in § 156.48.
   (D)   Lot size. The minimum lot size and dimensions for a single-family dwelling shall be as follows:
      (1)   Lots not served by sanitary sewer facilities approved by the State Board of Health (lots on septic systems):
         (a)   Area: 40,000 square feet; and
         (b)   Width and lot ratio: minimum width of said lots shall be 100 feet, with no lot having more than a 1:6 ratio of width to depth.
      (2)   Lots served by sanitary sewer facilities:
         (a)   Area: 9,600 square feet; and
         (b)   Width and lot ratio: The minimum width of said lots shall be 60 feet, with no lot having more than a 1:4 ratio of width to depth.
   (E)   Minimum floor area (residential). Nine hundred fifty square feet for single-family dwelling, except mobile home, which shall be 644 square feet.
   (F)   Setback lines. The minimum setback lines for a lot used for a single-family dwelling shall be as follows:
      (1)   Front: the front yard setback shall be determined, with reference to the United States Department of Transportation Functional Roadway Classification System, in the manner provided as follows.
         (a)   For lots located on a major collector, the front setback shall be a distance of 70 feet from the center of the paved roadway.
         (b)   For lots located on interstates, expressways or other principal arterials, the front setback shall be a distance of 60 feet from the right-of-way.
         (c)   For lots located on a minor collector, the front setback shall be 50 feet from the center of the paved roadway.
         (d)   For local or minor streets, the front setback shall be 50 feet from the center of the paved roadway.
      (2)   Rear: the rear setback shall be ten feet.
      (3)   Side: the side setback shall be six feet for all lots less than 100 feet in width and ten feet for all lots 100 feet or more in width.
      (4)   The side and rear setback for accessory structures shall be five feet.
   (G)   Minimum lot width. The minimum lot width for a lot used as a single-family dwelling, without a sanitary sewer, shall be 100 feet, and with a sanitary sewer, shall be 60 feet, on a county-maintained roadway or on a private easement or private right-of-way that provides ingress and egress to a county-maintained roadway; provided, however, that a private easement or private right-of-way shall not serve a lot unless the following conditions have been met: each such easement or right-of-way shall be in writing and recorded in the office of the County Recorder; each such easement or right-of-way shall be no less than 20 feet wide; each such easement or right-of-way shall identify the landowner/s who is/are responsible for the construction and maintenance of the easement or right-of-way, the frequency with which the easement or right-of-way must be maintained, and the construction and maintenance standards that must be met; and the lot served by each such easement or right-of-way must be exempt from the subdivision platting requirements of the county subdivision control ordinance (Chapter 155), as amended.
   (H)   Height restrictions. The maximum height in an A1 District shall be 30 feet for residential buildings.
   (I)   Lot coverage. The maximum lot coverage for a lot used as a single-family dwelling shall not exceed 25% of the lot area.
   (J)   Off-street parking. The off-street parking space shall be two spaces per dwelling unit.
   (K)   Signs. All signs are subject to those provisions set forth in §§ 156.45 and 156.46.
(Ord. 17-2007, passed 12-18-2007; Ord. passed 6-11-2009)

§ 156.22 R1 SINGLE-FAMILY RESIDENTIAL.

   (A)   Intention of district. The R1 Single-Family Residential District is intended for moderately dense single-family residential developments.
   (B)   Permitted uses. No building structure or premises shall be used, arranged or designed to be used except for one or more of the following uses:
      (1)   Single-family dwelling;
      (2)   Accessory uses to a single-family dwelling;
      (3)   Temporary single-family dwelling uses;
      (4)   Mobile homes; and
      (5)   Church.
   (C)   Special uses. Those special uses that are permitted in this district are set forth in § 156.48.
   (D)   Connection to water. All structures shall be attached to public water facilities that have been approved by those state agencies charged with the licensing, permitting and monitoring of said facilities.
   (E)   Lot size. The minimum lot size and dimensions for a single-family dwelling shall be as follows:
      (1)   Lots not served by sanitary sewer facilities approved by the State Board of Health or a centralized sewage treatment plant (lots on septic systems):
         (a)   Area: 40,000 square feet; and
         (b)   Width and lot ratio: minimum width of said lots shall be 100 feet, with no lot having more than a 1:6 ratio of width to depth.
      (2)   Lots served by sanitary sewer facilities or a centralized sewage treatment plant:
         (a)   Area: 9,600 square feet; and
         (b)   Width and lot ratio: the minimum width of said lots shall be 60 feet, with no lot having more than a 1:4 ratio of width to depth.
   (F)   Minimum floor area (residential). Nine hundred fifty square feet for single-family dwelling.
   (G)   Setback lines. The minimum setback lines for a lot used for a single-family dwelling shall be as follows:
      (1)   Front: the front yard setback shall be determined, with reference to the United States Department of Transportation Functional Roadway Classification System, in the manner provided as follows.
         (a)   For lots located on a major collector, the front setback shall be a distance of 70 feet from the center of the paved roadway.
         (b)   For lots located on interstates, expressways or other principal arterials, the front setback shall be a distance of 60 feet from the right-of-way.
         (c)   For lots located on a minor collector, the front setback shall be 70 feet from the center of the paved roadway.
         (d)   For local or minor streets, the front setback shall be 50 feet from the center of the paved roadway.
      (2)   Rear: the rear setback shall be ten feet.
      (3)   Side: the side setback shall be six feet for all lots less than 100 feet in width and ten feet for all lots 100 feet or more in width.
      (4)   The side and rear setback for accessory structures shall be five feet.
   (H)   Minimum lot width. The minimum lot width for a lot used as a single-family dwelling, without a sanitary sewer, shall be 100 feet, and with a sanitary sewer, shall be 60 feet, on a county-maintained roadway or on a private easement or private right-of-way that provides ingress and egress to a county-maintained roadway, provided, however, that a private easement or private right-of-way shall not serve a lot unless the following conditions have been met: Each such easement or right-of-way shall be in writing and recorded in the office of the County Recorder; each such easement or right-of-way shall be no less than 20 feet wide; each such easement or right-of-way shall identify the landowner/s who is/are responsible for the construction and maintenance of the easement or right-of-way, the frequency with which the easement or right-of-way must be maintained, and the construction and maintenance standards that must be met; and the lot served by each such easement or right-of-way must be exempt from the subdivision platting requirements of the county subdivision control ordinance (Chapter 155), as amended.
   (I)   Height restrictions. The maximum height in an R1 District shall be as follows:
      (1)   Primary building: 30 feet; and
      (2)   Accessory building: 15 feet.
   (J)   Lot coverage. The maximum lot coverage shall not exceed 30% of the lot area.
   (K)   Off-street parking. The off-street parking in an R1 District shall be two spaces per single-family dwelling unit.
   (L)   Signs. All signs are subject to those provisions set forth in §§ 156.45 and 156.46.
(Ord. 17-2007, passed 12-18-2007)

§ 156.23 R2 TWO-FAMILY RESIDENTIAL.

   (A)   Intention of district. The R2 Residential District is primarily provide for urban density, residential development will allow for more choice in dwelling unit types by providing for two-family dwelling structures.
   (B)   Permitted uses. Within the R2 District, no building structure or premises shall be used, arranged or designed to be used except for one or more of the following uses:
      (1)   Single-family dwelling;
      (2)   Two-family dwelling;
      (3)   Accessory uses to single-family and/or two-family dwelling;
      (4)   Mobile homes;
      (5)   Group home; and/or
      (6)   Church.
   (C)   Special use. Those special uses that are permitted in this district are set forth in § 156.48.
   (D)   Connection to water. All structures shall be attached to public water facilities that have been approved by those state agencies charged with the licensing and monitoring of said facilities.
   (E)   Lot size. The minimum lot size and dimensions for single-family dwellings, two-family dwellings and all nonresidential uses shall be as follows:
      (1)   Lots not served by sanitary sewer facilities approved by the State Board of Health or a centralized sewage treatment plant (lots on septic systems):
         (a)   Area: 40,000 square feet; and
         (b)   Width and lot ratio: minimum width of said lots shall be 100 feet, with no lot having more than a 1:6 ratio of width to depth.
      (2)   Lots served by sanitary sewer facilities or a centralized sewage treatment plant:
         (a)   Area: 9,600 square feet; and
         (b)   Width and lot ratio: the minimum width of said lots shall be 60 feet, with no lot having more than a 1:4 ratio of width to depth.
   (F)   Minimum floor area (residential). The minimum floor area in the district shall be as follows:
      (1)   Nine hundred fifty square feet for single-family dwelling, except mobile home, which shall be 644 square feet; and
      (2)   For two-family structures (duplexes) 500 square feet per unit for one-bedroom unit; 600 square feet per unit for a two-bedroom unit; and 700 square feet per unit for a three- or more bedroom unit. Minimum floor area is exclusive of open porches, attached garages and accessory structures.
   (G)   Setback lines. The minimum setback lines for a lot used for a single-family dwelling shall be as follows.
      (1)   Front: the front yard setback shall be determined, with reference to the United States Department of Transportation Functional Roadway Classification System, in the manner provided as follows.
         (a)   For lots located on a major collector, the front setback shall be a distance of 70 feet from the center of the paved roadway.
         (b)   For lots located on interstates, expressways or other principal arterials, the front setback shall be a distance of 60 feet from the right-of-way.
         (c)   For lots located on a minor collector, the front setback shall be 70 feet from the center of the paved roadway.
         (d)   For local or minor streets, the front setback shall be 50 feet from the center of the paved roadway.
      (2)   Rear: the rear setback shall be ten feet.
      (3)   Side: the side setback shall be six feet for all lots less than 100 feet in width and ten feet for all lots 100 feet or more in width.
      (4)   The side and rear setback for accessory structures shall be five feet.
   (H)   Minimum lot width. The minimum lot width for a lot used as a single-family dwelling, without a sanitary sewer, shall be 100 feet, and with a sanitary sewer, shall be 60 feet, on a county-maintained roadway or on a private easement or private right-of-way that provides ingress and egress to a county-maintained roadway; provided, however, that a private easement or private right-of-way shall not serve a lot unless the following conditions have been met: each such easement or right-of-way shall be in writing and recorded in the office of the County Recorder; each such easement or right-of-way shall be no less than 20 feet wide; Each such easement or right-of-way shall identify the landowner/s who is/are responsible for the construction and maintenance of the easement or right-of-way, the frequency with which the easement or right-of-way must be maintained, and the construction and maintenance standards that must be met; and the lot served by each such easement or right-of-way must be exempt from the subdivision platting requirements of the county subdivision control ordinance (Chapter 155), as amended.
   (I)   Height restrictions. The maximum height in an R2 District shall be as follows:
      (1)   Primary building: 30 feet; and
      (2)   Accessory building: 15 feet.
   (J)   Lot coverage. The maximum lot coverage shall not exceed 30% of the lot area.
   (K)   Off-street parking. The off-street parking in an R2 District shall be two spaces per dwelling unit.
   (L)   Signs. All signs are subject to those provisions set forth in §§ 156.45 and 156.46.
(Ord. 17-2007, passed 12-18-2007; Ord. passed 5-29-2008)

§ 156.24 R3 MULTI-FAMILY RESIDENTIAL.

   (A)   Intention of district. This district is intended primarily for multi-family low-rise residential development including detached, attached or semi-attached dwellings.
   (B)   Permitted uses. No building structure or premises shall be used, arranged or designed to be used except for one or more of the following uses:
      (1)   Single-family dwelling;
      (2)   Two-family dwelling;
      (3)   Multi-family dwelling (two or more families);
      (4)   Accessory uses in conjunction with single and/or multi-family dwelling;
      (5)   Temporary uses in conjunction with single and/or multi-family dwelling;
      (6)   Group homes;
      (7)   Churches;
      (8)   Child care centers;
      (9)   Child care homes; and/or
      (10)   Church.
   (C)   Special uses. Those special uses that are permitted in this district are set forth in § 156.48.
   (D)   Connection of water. All structures shall be attached to public water and septic or sanitary sewer facilities that have been approved by the State Board of Health.
   (E)   Lot size.
      (1)   The minimum lot size and dimensions for single-family dwellings and all nonresidential uses shall be as follows:
         (a)   Lots not served by sanitary sewer facilities approved by the State Board of Health or a centralized sewage treatment plant (lots on septic systems):
            1.   Area: 40,000 square feet; and
            2.   Width and lot ratio: minimum width of said lots shall be 100 feet, with no lot having more than a 1:6 ratio of width to depth.
         (b)   Lots served by sanitary sewer facilities or a centralized sewage treatment plant:
            1.   Area: 9,600 square feet; and
            2.   Width and lot ratio: The minimum width of said lots shall be 60 feet, with no lot having more than a 1:4 ratio of width to depth.
      (2)   The minimum lot size and dimensions for two-family dwellings, multi-family dwellings and group homes shall be as follows:
         (a)   Lots not served by sanitary sewer facilities approved by the State Board of Health or a centralized sewage treatment plant (lots on septic systems):
            1.   Area: 40,000 square feet; and
            2.   Width and lot ratio: minimum width of said lots shall be 100 feet, with no lot having more than a 1:6 ratio of width to depth.
         (b)   Lots served by sanitary sewer facilities or a centralized sewage treatment plant:
            1.   Area: 5,000 square feet per unit; and
            2.   Width and lot ratio: the minimum width of said lots shall be 60 feet, with no lot having more than a 1:4 ratio of width to depth.
      (3)   The minimum floor area in this district shall be as follows:
         (a)   Nine hundred fifty square feet for single-family structures;
         (b)   Four hundred square feet for efficiency units in a multiple dwelling structure;
         (c)   Five hundred square feet for efficiency units in a multiple dwelling structure;
         (d)   Six hundred square feet for a two-bedroom unit in a multiple dwelling structure; and
         (e)   Seven hundred square feet for a three-bedroom unit in a multiple dwelling structure. Minimum floor area is exclusive of open porches, attached garages and accessory structures.
   (F)   Setback lines. The minimum setback lines shall be as follows:
      (1)   Front: The front yard setback shall be determined, with reference to the United States Department of Transportation Functional Roadway Classification System, in the manner provided as follows.
         (a)   For lots located on a major collector, the front setback shall be a distance of 70 feet from the center of the paved roadway.
         (b)   For lots located on interstates, expressways or other principal arterials, the front setback shall be a distance of 60 feet from the right-of-way.
         (c)   For lots located on a minor collector, the front setback shall be 70 feet from the center of the paved roadway.
         (d)   For local or minor streets, the front setback shall be 50 feet from the center of the paved roadway.
      (2)   Side and rear: the side and rear setbacks shall each be ten feet.
      (3)   Distance between buildings: in projects containing two or more buildings the minimum distance between all buildings shall be 20 feet.
   (G)   Minimum lot width. The minimum lot width for a lot used as a single-family dwelling, without a sanitary sewer, shall be 100 feet, and with a sanitary sewer, shall be 60 feet, on a county-maintained roadway or on a private easement or private right-of-way that provides ingress and egress to a county-maintained roadway, provided, however, that a private easement or private right-of-way shall not serve a lot unless the following conditions have been met: each such easement or right- of-way shall be in writing and recorded in the office of the County Recorder; each such easement or right-of-way shall be no less than 20 feet wide; each such easement or right-of-way shall identify the landowner/s who is/are responsible for the construction and maintenance of the easement or right-of-way, the frequency with which the easement or right-of-way must be maintained, and the construction and maintenance standards that must be met; and the lot served by each such easement or right-of-way must be exempt from the subdivision platting requirements of the subdivision control ordinance (Chapter 155), as amended.
   (H)   Height restrictions. The maximum height shall be as follows:
      (1)   Primary building: 35 feet; and
      (2)   Accessory building: 20 feet.
   (I)   Landscaping and buffering. Twenty-five feet of the front setback area and all the rear and side setback areas shall be maintained in natural material and utilized for landscaping purposes. Said landscaping materials shall include appropriate vegetation, durable plants and trees such as pine and evergreen species from the front building line to the rear. Any lot within this district that abuts any lot utilized for residential purposes shall also be screened with a combination of opaque fencing, not to exceed six feet and natural material consisting of either small trees and/or shrubs. This division (I) shall not apply to single family and two-family dwelling use.
   (J)   Lot coverage. The maximum lot coverage shall not exceed 40% of the lot area.
   (K)   Off-street parking. The minimum off-street parking shall be one and one-half spaces per dwelling unit.
   (L)   Signs. All signs are subject to those provisions set forth in §§ 156.45 and 156.46.
(Ord. 17-2007, passed 12-18-2007)

§ 156.25 B1 LIMITED BUSINESS.

   (A)   Intention of district. This district is intended primarily for professional office uses, personal service uses and retail service uses which dispense convenience goods and services directly to consumers on the premises.
      (1)   The conduct of uses shall be completely within enclosed buildings except for accessory off-street parking, loading facilities and drive-in service windows approved as special uses.
      (2)   Establishments where the principal use is the drive-in type of business, however, are not permitted.
   (B)   Permitted uses. No building structure or premises shall be used, arranged or designed to be used except as one or more of the following uses:
      (1)   Any use permitted in the R3 Multi-Family Residential District;
      (2)   General business offices including insurance agencies, real estate agencies, trade association offices, communication company offices, travel agencies and health studios;
      (3)   Clothing service uses including dry cleaning and laundry receiving stations, laundromats, dressmaking, tailoring and shoe repair shop;
      (4)   Equipment service uses including electrical household appliance store, radio, television, record sales and repairs, sporting goods and hardware stores;
      (5)   Food service uses including grocery, meat and fish markets, delicatessen eating places and bakery;
      (6)   Personal service uses including beauty and barber shops, camera and photographic shops and optician shops;
      (7)   Professional office uses including clinics;
      (8)   Retail service uses including drug stores, variety stores, book and stationary stores, news stands, candy and ice cream stores, florists, gift, antique, art, music, toy, hobby shops, package liquor stores, paint and wall paper stores, jewelry and leather stores;
      (9)   Special service uses including children’s homes, day care facilities, kindergartens and nursing homes;
      (10)   Accessory uses which are incidental to or commonly associated with the operation or permitted use;
      (11)   Temporary uses;
      (12)   Other uses comparable and compatible with those set forth in this section;
      (13)   Funeral home or mortuary; and
      (14)   Church.
   (C)   Minimum floor area (residential).
      (1)   The minimum floor area in this district shall be as follows:
         (a)   Nine hundred fifty square feet for single-family structures;
         (b)   For two-family structures (duplexes) 500 square feet for one bedroom;
         (c)   Six hundred (square feet for a two-bedroom unit; and
         (d)   Seven hundred square feet for a three-bedroom unit.
      (2)   Minimum floor area is exclusive of open porches, attached garages and accessory structures.
   (D)   Maximum floor area (business use). No single business establishment shall exceed 12,000 square feet in total gross floor area.
   (E)   Special uses. Those special uses that are permitted in this district are set forth in § 156.48.
   (F)   Setback lines. The minimum setback lines shall be as follows.
      (1)   Front: the front yard setback shall be determined, with reference to the United States Department of Transportation Functional Roadway Classification System, in the manner provided as follows.
         (a)   For lots located on a major collector, the front setback shall be a distance of 70 feet from the center of the paved roadway.
         (b)   For lots located on interstates, expressways or other principal arterials, the front setback shall be a distance of 60 feet from the right-of-way.
         (c)   For lots located on a minor collector, the front setback shall be 70 feet from the center of the paved roadway.
         (d)   For local or minor streets, the front setback shall be 50 feet from the center of the paved roadway.
      (2)   Side and rear: the side and rear setbacks shall each be ten feet.
   (G)   Landscaping and buffering. Twenty-five feet of the transitional setback area and an area ten feet in width along the rear and ten feet in width along each side of the transitional setback area shall be maintained in natural material and utilized for landscaping purposes. Said landscaping materials shall include appropriate vegetation, durable plants and trees such as pine and evergreen species from the front building line to the rear. Any lot within this district that abuts any lot utilized for residential purposes shall also be screened with a combination of opaque fencing, not to exceed six feet and natural material consisting of either small trees and/or shrubs.
   (H)   Height restrictions. The maximum building height shall be 30 feet.
   (I)   Lot coverage. The maximum lot coverage cannot exceed 75% of the total lot area.
   (J)   General off-street parking and loading requirements.
      (1)   Where a particular use in a specific district requires off-street parking, off-street parking shall be defined as hard surface area; parking spaces shall be a minimum of ten feet in width and 20 feet in length. If the off-street parking space cannot be provided on the same lot which the principal use is conducted, the Plan Commission may permit such space be provided on other off-street property provided such space be within 300 feet of any entrance to such principal use. Such off-street parking space shall thereafter be deemed to be required open space associated with this permitted use and shall not be reduced nor encroached upon in any manner.
      (2)   Where the specific use or district requires off-street loading of facilities each single loading berth shall be not less than ten feet in width and 45 feet in length and 14 feet in height if enclosed.
   (K)   Obstructions to vision at intersections prohibited. No fence, wall, hedge, earth terraces, parking facilities or other structure or plant which would obstruct motor vehicle visibility, traffic approaching a corner or intersection shall be erected.
   (L)   Off-street parking and loading. One space for each 400 square feet of gross floor area, and for office uses one space for each 300 square feet of gross floor area. For any other nonresidential use that is not appropriately defined as “retail or office,” the minimum parking requirements shall be one space per 200 square feet of building area.
   (M)   Signs. All signs are subject to those provisions set forth in §§ 156.45 and 156.46.
(Ord. 17-2007, passed 12-18-2007; Ord. passed 5-29-2008)

§ 156.26 B2 COMMUNITY AND ROADSIDE BUSINESS.

   (A)   Intention of district. This district is intended primarily for highway oriented business uses offering supplies and services to the general public which are ordinarily located along highways and roadways designated as major arterials.
   (B)   Conduct of permitted uses. The conduct of permitted uses in a B2 District shall be within completely enclosed buildings except for accessory uses that are clearly subordinate to the permitted use. Such accessory uses shall not occupy an area in excess of 30% of the total floor area of the main building. Outdoor storage and display of merchandise shall be allowed, but stockpiling of material which are not immediately available for purchase shall be prohibited. Retail establishments providing drive-in services, outdoor sales, service and display of merchandise shall be allowed. All outdoor storage and materials shall be within completely enclosed buildings or effectively screened by a solid wall or fence not less than six feet in height. Storage within such enclosures shall not be in excess of the height of the wall or fence provided that for display of goods, such as automobiles, such wall or fence shall not be less than two feet in height.
   (C)   Permitted uses. No building structure or premises shall be used, arranged or designed to be used except for one or more of the following uses:
      (1)   Any use permitted in B1 District (with the exception of residential uses (single-family dwellings, two-family dwellings, multi-family dwellings, patio homes, group homes, child care homes));
      (2)   Public service uses including utility substations, distribution center, bus, police, fire stations, post offices, libraries, telephone exchanges, waterworks, pumping stations, assembly halls, vocational and special schools;
      (3)   General business offices including insurance agencies, real estate agencies, trade association offices, communication company offices, travel agencies, health studios and banking facilities;
      (4)   Retail service uses including department stores, furniture, carpet, interior decorating, upholstering and other office supply stores, restaurants and catering establishments, hotels, taverns and night clubs, and storage processing and/or conditioning when incidental to any of these uses;
      (5)   Indoor commercial recreational uses including auditorium, theater, bowling alley, billiard rooms, dance studios and amusement facilities;
      (6)   Mortuaries, funeral parlors;
      (7)   Garden supply centers;
      (8)   Automobile accessory stores;
      (9)   Automobile service station uses but not including major body repair, the dismantling or wrecking or the storage of inoperable or damaged vehicles;
      (10)   Sales, rental and storage of automobiles, campers, recreational vehicles, manufactured homes and boats provided that all service and maintenance work shall be conducted within enclosed buildings;
      (11)   Drive-in restaurants;
      (12)   Commercial recreational uses including golf, amusement parks, drive-in movies, riding stables and other similar outdoor amusement facilities;
      (13)   Special service uses, including model home displays, building materials sales, vending preparation, food locker plants, auction rooms, plant, nursery and greenhouses;
      (14)   Accessory uses, that are incidental to and are commonly associated with the operation of the permanent use;
      (15)   Other uses comparable and compatible to those set forth in this section;
      (16)   Mini-warehouses;
      (17)   Car wash and automotive detailing;
      (18)   Church; and/or
      (19)   Feed or fuel stores.
   (D)   Minimum floor area (residential). The minimum floor area in this district shall be as follows:
      (1)   Nine hundred fifty square feet for single-family structures; and
      (2)   For two-family structures (duplexes) 500 square feet for one bedroom; 600 square feet for a two-bedroom unit; and 700 square feet for a three-bedroom unit. Minimum floor area is exclusive of open porches, attached garages and accessory structures.
   (E)   Special uses. Those special uses that are permitted in this district are set forth in § 156.48.
   (F)   Lot size. The minimum lot area in a B2 District shall be as follows.
      (1)   Area: 5,000 square feet; and
      (2)   Frontage: 50 feet.
   (G)   Setback lines. The minimum setback lines in a B2 District shall be as follows:
      (1)   Front: the front yard setback shall be determined, with reference to the United States Department of Transportation Functional Roadway Classification System, in the manner provided as follows.
         (a)   For lots located on a major collector, the front setback shall be a distance of 70 feet from the center of the paved roadway.
         (b)   For lots located on interstates, expressways or other principal arterials, the front setback shall be a distance of 60 feet from the right-of-way.
         (c)   For lots located on a minor collector, the front setback shall be 70 feet from the center of the paved roadway.
         (d)   For local or minor streets, the front setback shall be 50 feet from the center of the paved roadway.
      (2)   Side and rear: the side and rear setbacks shall each be ten feet.
   (H)   Landscaping and buffering. Twenty-five feet of the transitional setback area and an area ten feet in width along the rear and ten feet in width along each side of the transitional setback area shall be maintained in natural material for landscaping purposes. Landscaping materials shall include appropriate vegetation, durable plants and trees such as pine and evergreen species from the front of the building line to the rear. Any lot within this district that abuts any lot utilized for residential purposes shall also be screened with a combination of opaque fencing, not to exceed six feet, and natural material consisting of either small trees and/or shrubs.
   (I)   Height restrictions. The maximum building height permitted shall be 40 feet.
   (J)   Floor area. The total floor area of the building shall not exceed 150% of the lot area.
   (K)   Off-street parking and loading. The minimum parking area for retail establishments shall be one space for each 400 square feet of gross floor area. The minimum off-street parking for office uses shall be one space for each 300 square feet of floor area. For theaters, auditoriums, including school auditorium, church or other place of public assembly, there shall be a minimum of one space for each eight seats available at maximum capacity. The minimum off-street parking requirements for all other uses shall be one space per 200 square feet of floor area.
   (L)   Signs. All signs are subject to those provisions set forth in §§ 156.45 and 156.46.
(Ord. 17-2007, passed 12-18-2007; Ord. passed 6-11-2009)

§ 156.27 B3 GENERAL BUSINESS.

   (A)   Intention of district. The B3 District is intended to serve as a general business district where a full range of goods and services are offered at the greatest amount of land use intensity.
   (B)   Conduct of uses. The conduct of permitted use in a B3 District shall be within completely enclosed buildings, except for accessory uses that are clearly subordinate to the permitted use in area, extent, and purpose. Such accessory uses shall not occupy an excess of 30% of the floor area used in the same building or the same firm or enterprise. Outdoor storage and display of merchandise shall be limited to materials that are not immediately available for purchase. Any other storage or display of merchandise must be within an enclosed building.
   (C)   Permitted uses. No building structure or premises shall be used, arranged or designed to be used except for one or more of the following uses:
      (1)   Any use permitted in the B2 District (no residential uses);
      (2)   Transportation facilities and accessory facilities, including, but not limited to, waiting rooms, loading and unloading areas, storage and associated commercial uses;
      (3)   Printing and publishing establishments, blue printing and photo establishments, radio and television studios;
      (4)   Public and semi-public buildings;
      (5)   Off-street parking facilities including parking garages and limited automobile servicing when enclosed;
      (6)   Sales and display rooms for retail wholesale distribution of goods and materials and products;
      (7)   Accessory uses which are incidental to and commonly associated with the permitted use including accessory drive-in services, wholesale distribution storage uses and the processing or light manufacturing of goods by retailers and wholesalers;
      (8)   Hotels and motels;
      (9)   Major automotive body repair, so long as inoperable or unlicensed motor vehicles or parts thereof are not located outside;
      (10)   Pawn shop or gun or ammunition sales;
      (11)   Church;
      (12)   Carpenter, cabinet, plumbing or sheet metal;
      (13)   Second-hand store;
      (14)   Upholstery shop; and/or
      (15)   The following uses may be conducted wholly within a building or within an area enclosed on all sides by a solid wall, compact evergreen screen or uniformly painted board fence:
         (a)   Building material sales yard, including the sale of lumber;
         (b)   Contractor’s equipment storage yard or plant or rental of equipment commonly used by contractors;
         (c)   Draying, freighting or trucking yard or terminal;
         (d)   Feed or fuel yard or grain elevator; and
         (e)   Public utility service yard or electrical receiving or transforming station.
   (D)   Special uses. Those special uses that are permitted in this district are set forth in § 156.48.
   (E)   Lot size. There shall be no minimum lot size.
   (F)   Setback lines. The minimum setback lines shall be as follows.
      (1)   Front: the front yard setback shall be determined, with reference to the United States Department of Transportation Functional Roadway Classification System, in the manner provided as follows.
         (a)   For lots located on a major collector, the front setback shall be a distance of 70 feet from the center of the paved roadway.
         (b)   For lots located on interstates, expressways or other principal arterials, the front setback shall be a distance of 60 feet from the right-of-way.
         (c)   For lots located on a minor collector, the front setback shall be 70 feet from the center of the paved roadway.
         (d)   For local or minor streets, the front setback shall be 50 feet from the center of the paved roadway.
      (2)   Side and rear: no setback required when a lot line abuts a business or industrial district lot line subject to the landscaping and buffering requirements set forth in this section.
      (3)   Special requirements/proximity to residential districts: in any instance where a front, side or rear business lot line faces a residential district on the opposite side of the street or abuts a residential district the minimum required setback distance shall be 60 feet plus one-half of the right-of-way in front and 40 on the side and rear. These setback distances shall be used only for driveways and parking but shall also be landscaped with opaque fencing and natural buffer material, i.e., trees, shrubs and similar natural material.
   (G)   Landscaping and buffering. Twenty-five feet of the front setback area and ten feet in width along the rear and ten feet in width along each side of these respective setback areas shall be maintained in natural material and utilized for landscaping purposes. Said landscaping materials shall include appropriate vegetation, durable plants and trees such as pine and evergreen species from the front of the building line to the rear. Any lot within this district that abuts any lot utilized for residential purposes shall also be screened with a combination of opaque fencing, not to exceed six feet and natural material consisting of either small trees and/or shrubs.
   (H)   Height restriction. The maximum building height permitted shall be 40 feet.
   (I)   Floor area. The total floor area of the building shall not exceed 150% of the lot area.
   (J)   Off-street parking and loading. The minimum parking area for retail establishments shall be one space for each 400 square feet of gross floor area. The minimum off-street parking for office uses shall be one space for each 300 square feet of floor area. For theaters, auditoriums, including school auditorium, church or other place of public assembly, there shall be a minimum of one space for each eight seats available at maximum capacity. For hospitals and other institutions for care and treatment, one space for one each four beds plus one space for each staff and visiting doctor plus one space for each three employees. For hotels and motels, one space for each room offered for tourist accommodations. For all other uses not specified herein one parking space per 200 square feet of building area. The minimum off-street parking requirements for all other uses shall be one space per 200 square feet of floor area.
   (K)   Signs. All signs are subject to those provisions set forth in §§ 156.45 and 156.46.
(Ord. 17-2007, passed 12-18-2007; Ord. passed 6-11-2009)

§ 156.28 M1 LIGHT INDUSTRIAL.

   (A)   Intention of district. The Light Industrial Districts shall be for the type of industrial operation conducted within completely enclosed buildings that have no nuisance factors that result in emission outside of the building.
   (B)   Permitted uses. No building structure or premises shall be used, arranged or designed to be used except for one or more of the following uses:
      (1)   Any use permitted in the B2 or B3 Districts (no residential uses);
      (2)   Engineering or research laboratories, vocational or industrial training facilities, data processing or analysis;
      (3)   Light manufacturing including processing, refining, fabricating, assembly cleaning, testing or repairing of goods, materials or products;
      (4)   Enclosed wholesaling and warehousing packaging, storage or distribution facilities;
      (5)   General offices associated with an industrial use including service facilities for employees or one guests provided that any service facility shall be entirely enclosed within a building;
      (6)   Utility installations and facilities;
      (7)   Accessory uses which are incidental or commonly associated with the operation or permitted use including recreational areas for employees, lodging facilities for owners, guards or caretakers;
      (8)   Bakeries, secondary food processing, milk processing, manufacture and bottling of dairy products and beverages;
      (9)   Machine, welding, tool and die shops and electroplating operations;
      (10)   Manufacture of cloth, jewelry and leather products;
      (11)   Biological, medical and cosmetic manufacturing;
      (12)   Manufacture and assembly of optical goods, musical and recording instruments, office machinery, electrical and mechanical;
      (13)   Manufacture and assembly of marine, office, household appliances, furniture, communication and automobile equipment, air conditioning, heating and refrigeration equipment;
      (14)   Can and container manufacture, processing and milling of forest products;
      (15)   Dyeing and cleaning works and services such as linen suppliers, freight movers and communication and canteen operations;
      (16)   Trucking and railroad terminals;
      (17)   Upholstering and leather goods manufacture;
      (18)   Cannery, bottling, processing and packaging of food and beverages, granaries, grain processing, meat processing and starch manufacture;
      (19)   Vehicle impound lots with no more than one vehicle per 30 square feet of outdoor vehicle storage space (excluding stacking of vehicles) located entirely on concrete or asphalt, fenced on all sides, and with no license plate expired more than 30 days. This use shall not include parking lots; and/or
      (20)   Other uses comparable and compatible to those set forth in this section.
   (C)   Special uses. Those special uses that are permitted in this district are set forth in § 156.48.
   (D)   Lot size. There shall be no minimum lot size in this district.
   (E)   Setback lines. The minimum setback lines shall be as follows.
      (1)   Front: the front yard setback shall be determined, with reference to the United States Department of Transportation Functional Roadway Classification System, in the manner provided as follows.
         (a)   For lots located on a major collector, the front setback shall be a distance of 70 feet from the center of the paved roadway.
         (b)   For lots located on interstates, expressways or other principal arterials, the front setback shall be a distance of 60 feet from the right-of-way.
         (c)   For lots located on a minor collector, the front setback shall be 70 feet from the center of the paved roadway.
         (d)   For local or minor streets, the front setback shall be 50 feet from the center of the paved roadway.
      (2)   Side and rear: no setback required when a lot line abuts a business or industrial district lot line subject to the landscaping and buffering requirements set forth in this section.
      (3)   Special requirements/proximity to residential districts: in any instance where a front, side or rear industrial lot line faces land zoned either A1, RP, R1 and R2 on the opposite side of the street or abuts any such zoned area, the minimum required setback distance shall be 250 feet from the front, side and rear. These setback distances shall be used only for driveways and parking and shall be landscaped with opaque fencing and natural buffer material, i.e., trees, shrubs and similar natural material.
   (F)   Landscaping and buffering. Twenty-five feet of the front setback area and ten feet in width along the rear and ten feet in width along each side of these respective setback areas shall be maintained in natural material and utilized for landscaping purposes. Said landscaping materials shall include appropriate vegetation, durable plants and trees such as pine and evergreen species from the front of the building line to the rear. Any lot within this district that abuts any lot utilized for residential purposes shall also be screened with a combination of opaque fencing, not to exceed six feet and natural material consisting of either small trees and/or shrubs.
   (G)   Height restrictions. The maximum building height permitted shall be 40 feet provided that additional height shall be permitted to the maximum extent of 100 feet when additional setback distance is provided to the minimum extent of two feet for each five feet in height over such 40 feet.
   (H)   Performance standards. Prior to the issuance of a building permit, the following requirements shall be met.
      (1)   Plans and specifications for proposed sewage disposal facilities and all required written approvals, required under state, federal and local laws from all appropriate state, federal and local agencies, shall be submitted to the Plan Commission.
      (2)   Written approval of proposed connection to a public sewer shall be obtained from said utility.
      (3)   Plans and specifications for proposed storm drainage facilities shall be submitted with evidence of written approval obtained from the county engineer in addition to all necessary permits which must be obtained from all appropriate state agencies.
   (I)   Off-street parking and loading. The minimum parking area for retail establishments shall be one space for each 400 square feet of gross floor area. The minimum off-street parking for office uses shall be one space for each 300 square feet of floor area. For theaters, auditoriums, including school auditorium, church or other place of public assembly, there shall be a minimum of one space for each eight seats available at maximum capacity. Wholesale storage and manufacturing establishments shall have one space for each two employees per shift. Every building or structure used for loading and unloading of vehicles on premises shall have one loading berth if less than 10,000 square feet, two loading berths if between 10,000 and 25,000 square feet, and one berth for each additional 25,000 square feet up to 200,000 square feet (nine berths required) then one berth for each additional 200,000 square feet of floor area. The minimum off-street parking requirements for all other uses shall be one space per 200 square feet of floor area.
   (J)   Signs. All signs are subject to those provisions set forth in §§ 156.45 and 156.46.
(Ord. 17-2007, passed 12-18-2007; Ord. passed 5-29-2008)

§ 156.29 M2 HEAVY INDUSTRIAL.

   (A)   Intention of district. The Heavy Industrial District is intended for those heavy industrial uses that are typically characterized by objectionable factors which are exceedingly difficult to eliminate. These industries are therefore buffered by efficient areas that minimize any adverse effects and wherever practical this district is removed as far as possible from residential areas buffered by intervening minor industrial districts.
   (B)   Permitted uses. No building structure or premises shall be used, arranged or designed to be used except as one or more of the following uses:
      (1)   Any use permitted in the M1 District (with the exception of day care centers and churches);
      (2)   Creosote manufacturing and treatment of petroleum products;
      (3)   Foundry, smelting operations, metal forging, fabricating, rolling and stamping operations;
      (4)   Boiler manufacturing, structural steel fabricating, general manufacturing assembly plants;
      (5)   Railroad equipment manufacturing, repair and service yards;
      (6)   Manufacturing of soaps, pharmaceutical paper products, manufacturing of malt products, brewing distillation of liquor and spirits, poultry hatchery, stone works and stone cutting, thermal, electric and steam power plants;
      (7)   Concrete mixing, production of concrete blocks and shapes, cinder blocks and other similar building materials manufactured;
      (8)   Mining, extraction, washing and processing of sand, gravel and other minerals;
      (9)   Manufacture and assembly of glass, plastic and rubber products and implements;
      (10)   Manufacture of colors, dye, paint and other coatings, and tar products;
      (11)   Other uses comparable and compatible to those set forth in this section; and/or
      (12)   Municipal solid waste landfill (non-hazardous) as defined by 329 I.A.C. 10-2-116, as the same may be amended from time to time.
   (C)   Special uses. Those special uses that are permitted in this district are set forth in § 156.48.
   (D)   Lot size. The minimum lot size shall be as follows:
      (1)   Area: 40,000 square feet; and
      (2)   Frontage: 200 feet.
   (E)   Setback lines. The minimum setback lines shall be as follows.
      (1)   Front: The front yard setback shall be determined, with reference to the United States Department of Transportation Functional Roadway Classification System, in the manner provided as follows.
         (a)   For lots located on a major collector, the front setback shall be a distance of 70 feet from the center of the paved roadway.
         (b)   For lots located on interstates, expressways or other principal arterials, the front setback shall be a distance of 60 feet from the right-of-way.
         (c)   For lots located on a minor collector, the front setback shall be 70 feet from the center of the paved roadway.
         (d)   For local or minor streets, the front setback shall be 50 feet from the center of the paved roadway.
      (2)   Side and rear: no limits when a lot line abuts other business or industrial district lot lines.
      (3)   Special requirements/proximity to residential districts: in any instance where a front, side or rear industrial lot line faces any agricultural or residential district on the opposite side of the street or abuts any agricultural or residential district, the minimum required setback distance shall be 500 feet from the front, side and rear. These setback distances shall be used only for driveways and parking and shall be landscaped with opaque fencing and natural buffer material, i.e., trees, shrubs and similar natural material.
      (4)   The provisions of divisions (E)(1), (E)(2) and (E)(3) above shall not be applicable to a municipal solid waste landfill (non-hazardous) as defined by 329 I.A.C. 10-2-116, as the same may be amended from time to time, but rather that the minimum setback requirements for such use shall be:
         (a)   For a new use or facility, in accordance with the minimum requirements of 329 I.A.C. 10-16-11, as the same may be amended from time to time; and
         (b)   For the lateral expansion of an existing facility or use, regardless of whether or not it is on land previously under the ownership of the existing facility or use, in accordance with the minimum requirements of 329 I.A.C. 10-16-12(d), as the same may be amended from time to time.
   (F)   Landscaping and buffering. Twenty-five feet of the front setback area and ten feet in width along the rear and ten feet in width along each side of these respective setback areas shall be maintained in natural material and utilized for landscaping purposes. Said landscaping materials shall include appropriate vegetation, durable plants and trees such as pine and evergreen species from the front of the building line to the rear. Any lot within this district that abuts any lot utilized for residential purposes shall also be screened with a combination of opaque fencing, not to exceed six feet and natural material consisting of either small trees and/or shrubs.
   (G)   Height restrictions. The maximum building height permitted shall be 40 feet provided that additional height shall be permitted to the maximum extent of 100 feet when additional setback distance is provided to the minimum extent of two feet for each five feet in height over such 40 feet.
   (H)   Performance standards. Prior to the issuance of a building permit the following requirements shall be met.
      (1)   Plans and specifications for proposed sewage facilities shall be submitted to the Plan Commission which shall include all required written approvals, which are required under federal, state and local laws.
      (2)   In the event the proposed use contemplates connection to an existing IDEM/Indiana Department of Health Sewer, written approval from the Sewer District and/or Utility Department for said proposed connection shall be submitted to the Plan Commission.
      (3)   Any and all plans and specifications which may be required, given the contemplated use and acreage involved, as required under § 156.50.
   (I)   Off-street parking and loading. Wholesale storage and manufacturing establishments shall have one space for each two employees per shift. Every building or structure used for loading and unloading of vehicles on premises shall have one loading berth if less than 10,000 square feet, two loading berths if between 10,000 and 25,000 square feet, and one berth for each additional 25,000 square feet up to 200,000 square feet (nine berths required, then one berth for each additional 200,000 square feet of floor area.) The minimum off-street parking requirements for all other uses shall be one space per 200 square feet of floor area.
   (J)   Signs. All signs are subject to those provisions set forth in §§ 156.45 and 156.46.
(Ord. 17-2007, passed 12-18-2007; Ord. passed 9-17-2009; Ord. passed 4-29-2010)

§ 156.30 M3 HAZARDOUS WASTE DISPOSAL DISTRICT.

   (A)   Intention of district. This district is restricted to facilities for the disposal; destruction, or recycling of toxic chemicals, radioactive wastes, heavy metals, asbestos and other forms of hazardous waste whether through incineration, land filling or other mechanical, chemical or technological means.
   (B)   Permitted uses. No building, structure or premises shall be used, arranged or designed to be used except for one or more of the following uses:
      (1)   Any use permitted in the M2 District (no day care centers or churches);
      (2)   Landfill;
      (3)   Waste transfer facilities;
      (4)   Recycling facilities and related operations; and/or
      (5)   Storage processing and recycling of hazardous materials.
   (C)   Special uses. Those special uses that are permitted in this district are set forth in § 156.48.
   (D)   Lot size. The minimum lot size shall be as follows.
      (1)   Area: 40,000 square feet.
      (2)   Frontage: 200 feet.
   (E)   Setback lines. The minimum setback lines in a M3 District shall be as follows.
      (1)   Front: the front yard setback shall be determined, with reference to the United States Department of Transportation Functional Roadway Classification System, in the manner provided as follows.
         (a)   For lots located on a major collector, the front setback shall be a distance of 70 feet from the center of the paved roadway.
         (b)   For lots located on interstates, expressways or other principal arterials, the front setback shall be a distance of 60 feet from the right-of-way.
         (c)   For lots located on a minor collector, the front setback shall be 70 feet from the center of the paved roadway.
         (d)   For local or minor streets, the front setback shall be 50 feet from the center of the paved roadway.
      (2)   Side and rear: no limits when a lot line abuts other business or industrial district lot lines.
      (3)   Special setback requirements: no M3 use shall be located within one mile of any other business, residence, church, school, health care facility or child care facility as measured from the point of admission discharge or regulate activity to the nearest property line.
   (F)   Landscaping and buffers. An area 25 feet width running along the front of the subject property measured from the right-of-way line or even in the right-of-way, one cannot be determined from the nearest edge of the paved roadway and an area ten feet in width along the rear and ten feet along each side of the subject property shall maintain a natural material utilized for landscaping purposes. Said landscaping materials shall include appropriate vegetation, durable plants and trees such as pine and evergreen species from the front of the building line to the rear.
   (G)   Height restrictions. The maximum building height permitted shall be 40 feet provided that additional height shall be permitted to the maximum extent of 100 feet when additional setback distance is provided to the minimum extent of two feet for each five feet in height over such 40 feet.
   (H)   Performance standards. Prior to the issuance of an improvement location permit, the following requirements shall be met:
      (1)   Plans and specifications for proposed sewage disposal facilities unless a connection is made to a public sewer industrial waste treatment disposal facilities shall be submitted to in a written approval obtained from all appropriate state, federal and local agencies;
      (2)   Written approval of proposed connection to a public sewer shall be obtained from said utility;
      (3)   Plans and specifications for proposed storm drainage facilities shall be submitted in written approval obtained from the county engineer in addition to all necessary permits which must be obtained from all state agencies;
      (4)   Legal description of the property included in the request;
      (5)   Drawing indicating existing features of the site and property within one-half mile of the site including vegetation, water features, topography, soil characteristics, flood hazard areas, drainage structure, land uses, zoning, groundwater levels and groundwater gradient, and other pertinent features;
      (6)   Site plan showing the details of the proposed development, including proposed structures, fill areas and maximum heights of fill, barrow areas, access drives, parking area screening and/or buffering, and other similar information which the staff may reasonably require given the nature of the proposed use; and
      (7)   Any use in this district must meet all applicable construction, operating standards of all local, state and federal regulatory agencies including, but not limited to, County Health Department, State Board of Health, State Department of Environmental Management and United States Environmental Protection Agency.
   (I)   Off-street parking and loading. Wholesale storage and manufacturing establishments shall have one space for each two employees per shift. Every building or structure used for loading and unloading of vehicles on premises shall have one loading berth if less than 10,000 square feet, two loading berths if between 10,000 and 25,000 square feet, and one berth for each additional 25,000 square feet up to 200,000 square feet (nine berths required), then one berth for each additional 200,000 square feet of floor area.
   (J)   Signs. All signs are subject to those provisions set forth in §§ 156.45 and 156.46.
(Ord. 17-2007, passed 12-18-2007)

§ 156.31 SUPPLEMENTAL FILL OPERATIONS DISTRICT.

   (A)   This district is an overlapping district covering the entire jurisdictional area of the County Plan Commission.
   (B)   Uses permitted: fill operations on or adjacent to private ponds.
   (C)   All earth disturbing activity must go before the County Drainage Board for approval.
(Ord. 17-2007, passed 12-18-2007)

§ 156.32 I-265 CORRIDOR OVERLAY DISTRICT (I-265 COD).

   (A)   Intention of district. The intent of the I-265 Corridor Overlay District is to promote aesthetics and compatible uses surrounding the future I-265 Corridor. In anticipation of the future I-265 extension leading to a new East End Bridge, this area is prime for development. The purpose of this district is to maximize the area’s potential and ensure that future development is compatible with existing uses.
      (1)   The I-265 Corridor Overlay District adds development standards and guidelines to the existing underlying zoning district. All properties within the District are subject to the underlying zoning district in which they are located, unless other requirements are specifically established by the I-265 Corridor Overlay District. In this case, the I-265 COD requirements shall take precedence.
      (2)   The I-265 Corridor Overlay District surrounds the future I-265 extension. The new portion of I-265 will run from the existing I-265 and SR 62 interchange to the new Ohio River Bridge that will be located to the northeast of Utica. The I-265 Corridor Overlay District is essentially bounded by the River Ridge Commerce Center to the north, the Ohio River to the east, the Utica and Jeffersonville boundaries to the south, and S.R. 62 to the west. Refer to the I-265 Corridor Overlay District Map (Figure 1) for the actual boundaries of the district. If the district boundary runs through a property, then any property that is 50 percent or more within the district must follow the regulations of the I-265 Corridor Overlay District. Because the district first takes effect after adoption of this chapter, all uses and structures in this district existing prior to the adoption of this chapter, which would not conform to these regulations, may continue as such until the property changes its use. This district only applies to properties in unincorporated county. If the City of Jeffersonville or Utica were to annex properties located within this district, these regulations would no longer be applicable for such properties.
   (B)   Location. The I-265 Corridor Overlay District is essentially bounded by the River Ridge Commerce Center to the north, the Ohio River to the east, the Utica and Jeffersonville boundaries to the south, and SR 62 to the west. Refer to the I-265 Corridor Overlay District Map (Figure 1) for the actual boundaries of the district.
   (C)   Permitted uses. Permitted uses within the I-265 Corridor Overlay District are subject to the requirements of the underlying zoning district for the individual property. Exceptions are the I-265 COD prohibited uses listed below.
   (D)   Prohibited uses. The following uses shall not be permitted within the I-265 Corridor Overlay District:
      (1)   Adult entertainment establishments;
      (2)   Automobile parts recycling facilities;
      (3)   Billboards and off-site/outdoor advertising;
      (4)   Flea markets;
      (5)   Land clearing and inert debris landfills;
      (6)   Sanitary landfills and/or other similar refuse or garbage processing facility;
      (7)   Mines and quarries;
      (8)   Mobile home parks;
      (9)   Scrap yards;
      (10)   Penal and correctional facilities;
      (11)   Land or structure(s) used for the storage of junk or salvage, business selling principally junk or salvage;
      (12)   Electronic message boards and/or signs with flashing, moving, rotating or intermittent lights, or animated messages;
      (13)   Utility installations, including but not limited to electric power or steam generating plants;
      (14)   Mineral extraction, storage or processing;
      (15)   Livestock sale or auction stockpens;
      (16)   Confined animal feeding and/or breeding operations; and
      (17)   Gun clubs, skeet shoots or target ranges.
   (E)   Minimum floor area. Minimum floor area for structures within the I-265 Corridor Overlay District is subject to the requirements of the underlying zoning district for the individual property.
   (F)   Maximum floor area. Maximum floor area (if applicable) for structures within the I-265 Corridor Overlay District is subject to the requirements of the underlying zoning district for the individual property.
   (G)   Setback lines. Minimum setback lines for structures within the I-265 Corridor Overlay District are subject to the requirements of the underlying zoning district for the individual property.
   (H)   Landscaping and buffering.  Landscaping and buffering within the I-265 Corridor Overlay District are subject to the requirements of the underlying zoning district for the individual property. Exceptions are the additional screening requirements for mechanical equipment, outside storage and trash collection (i.e., dumpsters).
      (1)   Screening of mechanical equipment.
         (a)   All nonresidential uses must screen all roof, ground and wall mounted mechanical equipment (i.e., heating and air conditioning units, duct work, transformers and the like) from view at ground level on adjacent properties or public streets.
         (b)   Screening shall result in mechanical equipment that appears to be part of the primary building rather than separate from the building.
         (c)   Roof-mounted mechanical equipment shall be screened from view on all sides by materials consistent with the primary building materials.
         (d)   Ground and wall mounted mechanical equipment screening shall be constructed of evergreen shrubs or other planting screens that create a solid screen all year long; brick, stone or other masonry materials that are similar to the primary building; or fences built with pressure treated wood or similar materials that create a solid screen.
      (2)   Screening of outside storage and trash collection.
         (a)   Outside storage and trash collection shall be located on the side or rear of the building and screened from view on adjacent properties or public streets.
         (b)   Screening shall be a minimum of seven feet tall or a minimum of one foot above the top of the storage materials or trash bin/dumpster.
         (c)   Screens shall be constructed of evergreen shrubs or other planting screens that create a solid screen all year long; brick, stone or other masonry materials that are similar to the primary building; shrubs or other planting screens; or fences built with pressure treated wood or similar materials that create a solid screen.
   (I)   Height restrictions. The maximum building height for structures within the I-265 Corridor Overlay District is subject to the requirements of the underlying zoning district for the individual property.
   (J)   Lot coverage. The maximum lot coverage for structures within the I-265 Corridor Overlay District is subject to the requirements of the underlying zoning district for the individual property.
   (K)   General off-street parking and loading requirements. Off-street parking and loading within the I-265 Corridor Overlay District is subject to the requirements of the underlying zoning district for the individual property.
   (L)   Signs. There shall be no off-premise signs (i.e., billboards) placed within the I-265 Corridor Overlay District. All signs within the I-265 Corridor Overlay District are subject to those provisions set forth in § 156.45.
(Ord. 17-2007, passed 12-18-2007)