Borden City Zoning Code

OTHER ZONING

REGULATIONS AND PROVISIONS

§ 156.45 ON-PREMISES SIGNS.

(A) Purpose. This section is intended to provide reasonable standards for signs utilized for identification of an owner’s business or industry while discouraging their proliferation, disrepair or garishness.

(B) Placement.

(1) A sign means an identification description, display or illustration which is affixed to, painted or represented directly or indirectly on a building or land and which directs attention to product, person, business or service associated or offered as the primary use, business or activity on the premises.

(2) A sign may not be erected or placed in any district with the exception of those signs listed in division (C) below, until a zoning use permit has been issued by the Plan Commission.

(a) Items needed for a zoning use permit:

1. Plot plans showing the exact location of the sign; and

2. Frontal elevation showing size of sign and height above street elevation.

(b) Each sign requiring a permit shall display the permit number.

(c) Signs erected prior to this subchapter shall have six months from the effective date of this code to comply with this section.

(3) The minimum setback of freestanding signs from street right-of-way shall not be less than those given in the County Chart for On-Premises Signs. Setbacks shall be measured to the nearest point of the sign to the edge of the right-of-way.

(4) The area of a sign shall be determined by the smallest circle, triangle, or rectangle that can be used to enclose the sign, exclusive of supporting members that bear no message.

(5) No sign shall be erected higher than 60 feet above ground level unless a height variance is granted by the Board of Zoning Appeals.

(1) The following signs are exempt from the requirements of this chapter:

(a) Signs not exceeding two square feet in area which identify the names and addresses of occupants but do not denote commercial activity;

(b) Flags and insignias of a governmental unit, church or non-profit organization except in connection with a commercial promotion;

(c) Legal notices, identification, informational, warning, trespassing or directional or architectural features of buildings;

(d) Memorial plaques and historical markers;

(e) Integral decorative or architectural features of buildings;

(f) One real estate sign for each frontage, not exceeding six square feet, indicating the sale, rental or lease of the premises. These signs shall be removed within two weeks after the sale, rental or lease; and

(g) Traffic or directional signs placed by a municipality of state.

(2) An exempt sign may be illuminated but may not be flashing or animated.

(D) Maintenance and removal.

(1) When the product, person, business or service that is advertised on a sign is abandoned or altered, the sign must be removed within 60 days or altered to depict an existing product, business or service on the premises. The owner and tenant of the land are equally responsible for removal or alteration of the sign.

(2) A sign is considered not to be functional when its essential elements are no longer readable, when it is materially obstructed from view, or when a condition of dilapidation exists.

(3) The Building Commissioner has the right of entry to inspect signs to determine whether they are functional. If the Building Commissioner determines that a sign is not functional, he or she shall send written notice to the owner of the sign to remove, alter or repair the sign. If the owner does not comply within 60 days, the Building Commissioner shall order removal of the sign at the owner’s expense.

(E) Temporary sign permits.

(1) The following signs are permitted only with the issuance of a temporary sign permit:

(a) Signs advertising a special event. Issuance of the permit shall be for a maximum of ten days;

(b) One sign for each street frontage of premises of buildings that are being constructed, demolished or remolded to announce the character of the building enterprise. This sign may not exceed 64 square feet in area. Issuance of the permit shall be for period of the construction, demolition or remodeling;

(c) One sign not to exceed ten square feet in area for each street entrance to a subdivision to advertise the sale, rental or lease of real property. The sign may not be erected until the subdivision has been recorded and approved. Issuance of the permit shall be for 12 months;

(d) One sign not to exceed six square feet in area for each model home, temporary office or model apartment in subdivision. The sign must be solely for direction or for promotion of the use. Issuance of a permit shall be for six months with renewal by the Plan Commission for a three-month period; and

(e) Portable, folding or moving signs. Issuance of the permit shall be for a maximum of 30 days. A portable sign may not be placed closer than ten feet to a street or highway right-of-way or where it blocks traffic vision.

(2) All temporary signs must conform to the requirements of this chapter and are subject to the inspection, removal and penalties provided by this chapter.

(F) Prohibited signs. The following signs are prohibited:

(1) Signs or posters affixed to telephone and utility poles, trees or other structures on public right-of-way;

(2) A sign placed over or in a public street or highway right-of-way;

(3) A sign erected at a location where it may interfere with, obstruct the view of, or be confused with a traffic or railroad sign or signal, or oncoming traffic, or where it would present a traffic hazard as determined by the County Highway Engineer;

(4) Display lights resembling danger or emergency lights;

(5) Use of the words, “stop”, “danger”, “look” or any other word which would confuse traffic;

(6) Rotating or revolving beams of light;

(7) Placement or projection of a sign nearer than 24 inches to a street or highway right-of-way line;

(8) Flashing, moving or intermittent lights except white of low intensity; and

(9) Strobe lights.

(G) Provisions for theaters.

(1) Attraction boards located on the premises of a theater shall not be included in the calculation of the 40% maximum coverage requirements set forth in the County On-Premises Sign Chart.

(2) Use of the words, “stop”, “danger” and “look”, may be used only when they are part of attraction title, but may not be used in such a way that they simulate official traffic warnings.

(H) Permitted signs by district.

(1) In any district, a sign conveying only instructions related to the premises on which it is maintained may be erected so long as the area of the sign does not exceed three square feet and the sign is located at least six feet from any curb, and they must not be creating a traffic hazard.

(2) In all districts, identification and instructional signs may not be erected or maintained unless they conform to the requirements shown on the County Chart for On-Premises Signs.

Clark County Chart for On-Premises Signs
District	C1, A1, R1, R2, RP	R3, B1, PUD	B2, B3	M1, M2, M3
Maximum area	2 sq. ft.	100 sq. ft.	200 sq. ft.	500 sq. ft.
Distance from right-of-way line	Applies to all districts* 5 sq. ft. or less: 2 feet 5.1 sq. ft. to 14.9 sq. ft.: 10 feet 15 sq. ft. or more: 25 feet
*Provided, however, that no sign may be placed in any location or in anyway as to obstruct the safe sight lines of a person operating a vehicle upon a public roadway.
Number of signs per street frontage	1	1	2	2
Illumination	Yes, indirect all signs but not flashing	Yes, indirect all signs but no flashing	Yes, all signs	Yes, all signs
Special restrictions	None	Bed and breakfast and boarding house limited to maximum 6 sq. ft. sign; if lighted must be externally illuminated	Flat signs - maximum coverage of wall area 40%; Canopy signs - maximum extension above canopy 6 feet	None

(Ord. 17-2007, passed 12-18-2007)

§ 156.46 OUTDOOR ADVERTISING DISPLAYS/OFF-PREMISES SIGNS/BILLBOARDS.

(A) Purpose. This section is intended to provide reasonable standards for outdoor advertising while discouraging their proliferation, disrepair or garishness.

(B) Placement.

(1) An off-premise sign means an identification, description or illustration which directs attention to a product, person, business or service not offered or sold as the primary use, business or activity on the premises where it is located.

(2) An off-premise sign may not be erected or placed in any district until zoning use permit has been issued by the Plan Commission and written consent has been obtained from the owner or lessee of the premises on which the display is located. Items needed for a zoning use permit include a plot plan showing the exact location of the display and a frontal elevation showing size of sign and height above street level.

(1) When the product, person, business or service that is advertised on an outdoor advertising display is abandoned or altered, the display must be removed or altered within 60 days to depict an existing product, person, business or service. The owner and tenant of the land are equally responsible for removal or alteration of the sign.

(2) An outdoor advertising display is considered not functional when any of the following conditions exist.

(a) Its essential elements are no longer readable.

(b) It is materially obstructed from view.

(d) The area that is leased for display or within 25 feet of a display on an undeveloped property is not kept free of weeds, debris or refuse.

(3) The County Building Commissioner has the right of entry to inspect outdoor advertising displays to determine whether they are functional. If the Commissioner determines that a display is not functional, he or she shall send written notice to the owner of the display to remove, alter or repair the display or the area of undeveloped property on which the display is located. If the owner does not comply within 60 days, the Commissioner shall order removal of the sign at the owner’s expense.

(D) Prohibitions. The following are prohibited in connection with any outdoor advertising display:

(1) Placement over or in a street highway right-of-way or sidewalk;

(2) Placement or installation where the display or its illumination may interfere with, obstruct the view of, or be confused with traffic or railroad signs or signals or oncoming traffic; or where said illumination and lighting would interfere with the quiet enjoyment of adjacent properties and/or where said lighting or proposed illumination would present a traffic hazard as determined by the appropriate governmental agency;

(3) Lights resembling danger or emergency lights;

(4) Flashing, moving or intermittent lights except white;

(5) Rotating or revolving beams of light; and

(6) Placement or projection of a sign nearer than 50 feet to a street or highway right-of-way line.

(E) Permitted signs by district.

(1) An outdoor advertising display may not be erected or placed in a C1, A1, PUD or any residential district.

(2) An outdoor advertising display may be erected or placed in any other district subject to the restriction shown on the following chart.

(3) A double-faced display whose two faces are not more than ten feet apart and a back-to-back whose two faces are not more than 15 feet apart is considered to be one display. A V-type display whose three faces are not more than 15 feet apart is considered to be one display.

County Outdoor Advertising Display Chart
	B2	B3	M1, M2, M3
Total number of displays for each street frontage	1	2	2
Total area of display	300 sq. ft.	700 sq. ft.	1,000 sq. ft.

(Ord. 17-2007, passed 12-18-2007)

§ 156.47 BOARD OF ZONING APPEALS.

(A) Variances and appeals procedures.

(1) The Board of Zoning Appeals shall approve or deny all:

(a) Variances from the terms of this chapter, but only in classes of cases or in the specific situation specified in this chapter; and

(b) Appeals from staff decisions.

(2) The Board shall set a date for a public hearing on the petition.

(a) Notice of the public hearing shall be published one time, at least ten days before the date of the hearing.

(b) Prior to the public hearing by the Board of Zoning Appeals, the petitioner must file in the Plan Commission office proof of notification.

(d) A person may not communicate with any member of the Board before the hearing with the intent to influence the member’s action on a matter pending before the Board. Not less than five days before the hearing, however, the staff of the Plan Commission may file with the Board a written statement setting forth any facts or data pertinent to the matter.

(e) Should the petitioner fail to comply with the notice requirements, as provided by this section, before the second regular meeting of the Board of Zoning Appeals following the date said petition is filed, the petition shall be withdrawn by the Board of Zoning Appeals and the time limits imposed by this section shall apply.

(B) Requirements for variance.

(1) A person desiring a variance from the requirements of this chapter must file a petition with the Board of Zoning Appeals describing the property that is the subject of the variance, the type of variance required, the facts pertinent to the variance desired and a site plan.

(2) Following the public hearing on the variance, the Board of Zoning Appeals must either grant or deny the petition. No variance may be granted except on a finding of all of the following factors:

(a) The approval will not be injurious to the public health, safety, morals and general welfare of the community;

(b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;

(c) The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property;

(d) The variance is not a variance of the use of the property;

(e) The petitioner’s property is not located in a planned unit development; and

(f) The applicant does not create the need for the variance.

(3) The Board of Zoning Appeals may not grant a variance from the use district or classification. The grant of a variance is by resolution of the Board of Zoning Appeals and is not an amendment of this chapter.

(4) The Board may incorporate into the granting of a variance whatever conditions or limitations are necessary to protect adjacent properties and the surrounding neighborhood and effectuate the purpose of this chapter.

(1) The Board of Zoning Appeals shall hear and determine appeals from and review:

(a) Any order, requirement, decision or determination made by a Plan Commission staff member under the zoning ordinance; and

(b) Any order, requirement, decision or determination made by an administrative board or other body, except the County Plan Commission in relation to the enforcement of an ordinance requiring the procurement of an improvement location permit or occupancy permit.

(2) An appeal filed with the Board of Zoning Appeals must specify the grounds of the appeal and must be filed within such time and in such form as prescribed by the Board of Zoning Appeals by rule.

(3) The administrative official, administrative board or other body from whom the appeal is taken, shall, on the request of the Board of Zoning Appeals, transmit to it all documents, plans and papers constituting the record of the action from which an appeal was taken.

(4) Upon appeal, the Board may reverse, affirm or modify the order, requirement or decision, or determination appealed. For this purpose, the Board has all the powers of the official, officer, board or body from which the appeal was taken.

(5) Within five days, the Board of Zoning Appeals shall file in the office of the Board a copy of its decision.

(D) Time limits. The denial of a petition for a variance, special use or an appeal by the Board of Zoning Appeals or the withdrawal of such a petition by the petitioner shall prohibit the Board of Zoning Appeals from hearing a petition for a variance, special use or an appeal for the subject property or a part thereof for 12 months from the date of the denial or withdrawal.

(E) Appeals from Board decisions. A person aggrieved by a decision of the Board of Zoning Appeals may appeal the decision in the manner provided in I.C. 36-7-4-1000 et seq.

(Ord. 17-2007, passed 12-18-2007)

§ 156.48 SPECIAL USES.

(A) Objectives. Certain uses are necessary to the life and economic health of the community, but have characteristics of operation that do not readily permit classification in the usual residential, commercial or industrial districts. Because of the various types of consideration, the specific conditions under which each use may be permitted must be considered. These uses are specifically listed in this section. Conditions for the approval of a special use are enumerated in this section. The BZA shall approve or deny all special uses.

(B) Special uses as secondary classifications. Special uses are secondary classifications. If land is approved by the Board of Zoning Appeals for a special use, the special use designation shall be placed on the zoning map in addition to its primary zoning classification.

(1) A person desiring a special use classification must submit an application to the Board of Zoning Appeals at the Plan Commission Office. The application must contain a site plan showing the following:

(a) The proposed use of the land;

(b) The location and size of all buildings and structures, including signs;

(d) Buffer landscaping and required green area; and

(e) Any other plans or specification which the staff of the Plan Commission deems necessary.

(2) After receipt of the application, the Board of Zoning Appeals shall conduct a public hearing pursuant to I.C. 36-7-4-900 et seq. for which ten days prior notice shall be given by the applicant, by certified mail, return receipt requested, to all abutting property owners and to the public by legal advertisement. Should the petitioner fail to comply with the notice requirements, as provided by this section, before the second regular meeting of the Board of Zoning Appeals following the date said petition is filed, the petition shall be withdrawn by the Board of Zoning Appeals and the time limits imposed by this section shall apply.

(a) After public hearing, the Board of Zoning Appeals shall make its determination for approval, denial or modification of the special use classification based on the following criteria:

1. Whether the specific site is an appropriate location for the use;

2. Whether the use as developed will adversely affect the surrounding area;

3. Whether there will be nuisance or serious hazard to vehicle, pedestrians or residents;

4. Whether adequate and appropriate facilities will be provided for proper operation of the use;

5. Whether the use is in harmony with the County Plan; and

6. Whether the use is essential or desirable to the public convenience and welfare.

(b) In addition to all other notices as required by this chapter or state law, notice of all hearings before the County Board of Zoning Appeals shall be posted in a conspicuous place on the subject property at least every 500 feet at least ten days prior to the date of the hearing. Such signs shall be no smaller than 22 inches in height and 28 inches in width and shall bear lettering large and bold enough to be read from the road frontage. Each such notice shall state as a minimum: “The owner of this property has made a request before the Clark County Board of Zoning Appeals on a proposed (variance, special use and the like). A public hearing will be held on the request at Room 308, County Building, Jeffersonville, Indiana, on the _______ day of __________, 20___, at ____ o’clock __.m.”

(d) All signs shall be removed within ten days following final action.

(3) The Board of Zoning Appeals approval or modification of a special use classification may include whatever reasonable conditions, limitations or temporary uses necessary for the protection of the public interest including the following:

(a) Greater front, side and rear yards than the minimum for the area;

(b) More off-street parking and screening;

(d) Limitations on the lot coverage and occupancy of building or structure;

(e) Limitations on signs and sign coverage; and

(f) Time limitations.

(4) To protect the public interest and to ensure compliance with requirements to be included in the site plan, the Board of Zoning Appeals may require whatever evidence and guarantees are necessary to assure compliance with conditions, limitations and temporary uses.

(5) In addition to all the other limitations and provisions contained in this chapter, “S.U. 31” shall be limited as follows:

(a) Except for the shipment and receipt of goods, products or items necessary for the “S.U. 31”, the use shall not be visible from the exterior of the premises;

(b) No person or persons may be employed in the “S.U. 31” home occupation at the site other than the resident (or residents) of the site for which the “S.U. 31” has been granted; and

(D) Discontinuance of special use.

(1) If a special use is abandoned for one year or has not been established within one year after the date granted, the special use classification shall be null and void.

(2) A special use may not be altered to become any use other than that approved by the Board of Zoning Appeals.

(E) Time limits. The Board of Zoning Appeals may impose reasonable time limits on any special use granted, as circumstances warrant.

(F) Limitations on special uses. Only those special uses that are indicated on Table S.U., following this section, shall be permitted in the zoning districts indicated by the table. The placement of an abandoned vehicle and/or abandoned mobile home on any parcel of land which has not been appropriately zoned or granted a special use for salvage purposes and which remains on said parcel for more than 24 hours shall be considered a violation of this chapter.

(G) Mobile home parks. The following minimum requirements shall apply.

(1) Conditions of soil, groundwater level, drainage, geologic structures and topography shall not create hazard to the park site or to the health and safety of occupants, nor shall the site be subject to the hazards of objectionable smoke, odor or noise, or the possibility of subsidence, sudden flooding or severe erosion.

(2) The minimum area of a mobile home park shall be five acres.

(3) The density of a park shall not exceed eight mobile homes per acre of gross site area. No more than one mobile home shall be placed on a lot.

(4) No mobile home and enclosed accessory structures designed for living space shall be located closer than 20 feet from any other mobile home, permanent building or structure within the mobile home park.

(5) Mobile home parks shall have direct access to an adequate public thoroughfare with sufficient frontage thereon for the proper construction of entrances and exits. Such entrances and exits shall be designed for the safe movement of mobile homes into and out of the park. The entrance shall be landscaped and walled with an appropriate method of signing, to provide adequate identification from the serving highway or street.

(6) All mobile homes and structures shall meet all setback and yard requirements of this chapter.

(7) Internal mobile home park streets, if dedicated to public use, shall meet minimum standards for design and construction as required in the subdivision control ordinance (Chapter 155). Whether public or not, no street name shall duplicate any other street name in the county.

(8) Each park shall provide a recreational area or areas equal in size to at least eight percent of the area of the park, generally in a central location. Streets, parking areas and park service facility areas shall not be included in the required recreational area.

(9) In other than business districts, coin-operated laundries, laundry and dry-cleaning pickup stations and other commercial convenience establishments may be permitted in mobile home parks provided:

(a) They are subordinate to the residential character of the park;

(b) They are located, designed and intended to serve only the needs or persons living in the park;

(d) The establishments shall present no visible evidence of their commercial nature to areas outside the park.

(10) Each park shall provide either one or more central waterproof structures available to all mobile home sites or a single waterproof structure for each mobile home site suitable for storage of goods and the usual effects of persons occupying the park.

(11) Each mobile home site shall be provided with a stand consisting of a solid concrete slab, two concrete ribbons or concrete pillars of a thickness and size adequate to support the maximum anticipated loads during all seasons. When concrete ribbons are used, the area between the ribbons and pillars shall be filled with a layer of crushed rock or stone. All mobile homes shall be properly underpinned and anchored with anchors or straps according to manufacturers specifications.

(12) All exterior park lights shall be so located and shielded as to prevent direct illumination of any areas outside the park. Each mobile home park shall provide sunset to sunrise illumination at the entrance, sufficient to allow prompt recognition of the entrance, and sufficient artificial lighting at the walkways to resident facilities such as community building and laundry room facilities.

(13) Each mobile home site or lot shall be provided with adequate utility connections required to service the mobile home, and said utility connections shall be located in the rear quarter of the mobile home site or lot in an area not to exceed two feet by three feet, with a concrete base of not less than 18 inches by 30 inches by four inches thickness poured at grade level, sloped to drain. All services stubbed through this slab shall be sleeved or wrapped to allow for settlement or movement.

(14) Sidewalks shall be installed on one side of the street and shall be a minimum of three feet in width and three and one-half inches in thickness, properly marked and joined for expansion.

(15) A minimum of two paved parking spaces per mobile home site or lot shall be placed on each mobile home site or lot, keeping the required set back from front property line. Park roadways shall be designed to insure good circulation within the mobile home park for emergency requirements.

(16) All trash and refuse storage must be in closed containers or within an enclosure, fence or wall, containing closed containers.

(17) All utility lines within a mobile home park boundary shall be installed underground, and may be in a common trench as state safety requirements permit.

(18) The perimeter of each mobile home park shall be fenced on sides not abutting onto street or highway with an approved woven wire fence, and on the street or highway by a block fence or combination of wood and masonry or metal and masonry, as the area dictates. Such fence shall be a minimum of four feet in height.

(19) All landscaped areas of a mobile home park shall be maintained in a neat, clean and healthy condition. This shall include proper pruning, mowing, weeding and removal of litter plus the regular watering of all plantings.

(20) General provisions.

(a) No mobile home park shall be maintained without proper supervision or a resident manager, who at all times shall see that ordinances and laws regulating said park are observed.

(b) Every person who owns or operates a mobile home park shall maintain a current register of all occupants, which shall include the names of all persons residing in the mobile home park, the make, type and serial or license number of each mobile home, and a designation of the space occupied.

(d) No transient or nonpermanent mobile home or travel trailers shall be located in a licensed mobile home park.

(e) All construction or alterations within the mobile home park shall meet the local health and safety standards prevalent within the county.

(H) Adult entertainment.

(1) Adult bookstores, adult theaters, massage parlors and all other forms of adult entertainment as defined in § 156.05 and listed as special use #26 are permitted only in the M1 - Light Industrial, M2 - Heavy Industrial and M3 - Hazardous Waste Disposal Districts.

(2) All adult entertainment businesses shall be sited a minimum of 500 feet from residences, churches, parks, schools, libraries and municipal buildings.

Table S.U.(click for link to table in pdf format)

List of Special Use Designations
Use	SU
Schools	1
Hospitals, nursing homes or convalescent care centers	2
Private clubs (excluding gun clubs)	3
Airports, private landing strips, heliports or marinas	4
Penal and correctional facilities, or public buildings and public uses other than permitted uses	5
Animal hospitals and kennels	6
Radio, television and/or cellular or other similar type of transmission tower facility	7
Golf courses, golf driving ranges (excluding miniature golf), charitable and philanthropic institutions	8
Cemeteries, mausoleums, columbaria or crematoria	9
Public parks, public recreational facilities and campgrounds	10
Mobile home parks	11
Land or structure(s) used for the storage of junk or salvage, business selling principally junk or salvage	12
Parking lots and parking garages open to the public	13
Bus or railroad passenger stations, garages or lots	14
Electronic message boards and/or signs with flashing, moving, rotating or intermittent lights, or animated messages	15
Utility installations, including, but not limited to, electric power or steam generating plants	16
Stadiums, auditoriums, arenas or racetracks	17
One-operator barber or beauty shops in a residence, resident-occupied and resident-operated	18
Sanitary landfills and/or other similar refuse or garbage processing facility	20
Livestock sale or auction stockpens	21
Confined animal feeding and/or breeding operations	22
Gun clubs, skeet shoots or target ranges	23
Private recreational use	24
Mobile offices, not for living or sleeping quarters	25
Adult bookstores, adult theaters, massage parlors	26
Accessory living quarters clearly complementary to main use and not for rental purposes	28
Owner-occupied/owner-operated bed and breakfast facility or boarding house limited to five rental rooms	29
Owner-occupied/owner-operated bed and breakfast facility or boarding house limited to ten rental rooms	30
Home occupation	31
Firehouses and substations	32
Library	33
Catering	34
Group homes	35
Child care center	37
Child care home	38
Adult day care	39

(Ord. 17-2007, passed 12-18-2007; Ord. passed 4-29-2010; Ord. passed 7-22-2010)

§ 156.49 PLANNED UNIT DEVELOPMENTS.

(A) Intent of district. The purposes of these regulations are to provide greater design flexibility in the development of land when consistent with the Comprehensive Plan and the intent of the zoning provisions of this chapter. The use of Planned Unit Development zoning classifications shall be encouraged when the use of such regulations promotes a harmonious variety of uses, and/or provides for an economy of shared services and facilities, and/or are compatible with surrounding areas and/or foster the creation of attractive, healthful, efficient and stable environments for living, shopping or working.

(1) The Planned Unit Development (PUD) regulations and procedures may apply to the redevelopment of presently developed lands, or the development of open or vacant lands, and may apply to parcels of relatively small size as well as large-scale developments and their relationship with other surrounding uses and the overall characteristics of the area in which they are located.

(2) PUD regulations are intended to encourage innovations in land development techniques so that the growing demands of the community may be met with greater flexibility and variety in type, design and layout of sites and buildings and by the conservation and more efficient use of open spaces and other amenities generally enhancing the quality of life.

(3) PUD projects should also encourage a more efficient use of land that reflects the changes in the technology of land development so that resulting economies may accrue to the benefit of the community at large.

(4) In furtherance of the purpose and intent of PUD, the use regulations and restrictions in the preceding articles shall not be applied or be applicable to or in a Planned Unit District.

(B) General design provisions.

(1) Minimum area requirements. The minimum area required for PUD zoning shall be a gross land area of three acres, provided, however, that no commercial or industrial uses shall be permitted in a PUD containing a gross land area of less than five acres.

(2) Location of PUD Districts. The PUD zoning district may be applicable to any current zoning district with the exceptions of the C1 Conservancy Zone, M1 General Industrial Zone, M2 Heavy Industrial Zone and M3 Hazardous Waste Disposal Zone where the applicant can demonstrate that the proposal will meet the objectives of this section.

(3) Intensity of land use. Because land is used more efficiently in a PUD, improved environmental quality can often be produced with a greater number of structures per gross acre than is usually permitted in a traditionally zoned district. The Commission shall determine in each case the appropriate land use and density for individual projects or sections thereof.

(C) Organization of proposals. Any person or group of persons may prepare a PUD district in accordance with the procedures hereinafter established. A parcel or site proposed for a PUD need not be under single ownership where the proposed development consists of a group of structures or improvements capable of being developed separately but in accordance with a single, unitary plan, and in which the separate owners have given their expressed intentions to enter into such private agreements between or among themselves as will facilitate their mutual enterprises, and assure its completion as planned to the satisfaction of the Plan Commission.

(D) Filing procedure.

(1) The authorization of a PUD shall be subject to the procedures expressed herein.

(2) Submission of a petition and all other documents required for rezoning for the PUD classification, which permits shall be signed by the owners of all real estate involved in the petition for the PUD, or which petition shall have attached thereto the notarized consent of all such owners to the filing of such a petition, and to the change to a PUD classification of their real estate included.

(3) The petition, which shall include a preliminary plan and plat for the real estate proposed for developments as a PUD, shall be filed with the Administrator. The preliminary plan and plat shall include:

(a) Proposed layout of streets, open spaces and other basic elements of the plan;

(b) Identification of location and types of structures and their use categories within the area, including proposed densities of said uses;

(c) Proposals for handling traffic, parking, water supply, sewage disposal, storm drainage, tree preservation and removal, landscaping, lighting, signage and other pertinent development features;

(d) A separate location map to scale shall show the boundary lines of adjacent land and existing zoning of the area proposed to be developed as well as the adjacent land;

(e) The condominium declaration (if applicable), a document creating an owners’ association, and any covenants to be made a part of the PUD as well as the order and estimated time of development;

(f) A statement of the proposed order of development of the major elements of the project, including whether the development will be accomplished in phases, and if so, the order and content of each phase;

(g) A legal description of the property;

(h) The specific uses to be allowed;

(i) All specific developmental standards applicable; and

(j) An itemized and specific list of all documents presented as applicable to the PUD.

(4) The preliminary plan shall be presented in triplicate and to a scale ratio not to exceed 100 feet equals one inch. The preliminary plan may include any additional graphics that will explain the features of the development. It shall also be provided by applicant to the following checkpoint agencies for their review and comment:

(a) The Administrator of the Plan Commission for review by the Technical Review Committee composed of the County Engineer, County Surveyor, Plan Commissioner Planner, Administrator and the Plan Commission President or the President’s appointee;

(b) County Engineer;

(d) Drainage Board;

(e) Appropriate utility companies;

(f) County Police Department;

(g) Appropriate Fire Department;

(h) Appropriate School Corporation; and

(i) County Soil and Water Conservation District.

(5) Within 25 working days after filing, the Administrator shall meet with the petitioner regarding the preliminary plan and checkpoint agency comments. Checkpoint agency personnel may attend this meeting to provide comments. After such consultation, the petitioner may make modifications to the petition.

(6) After the meeting described in division (D)(5) above and after making any modifications to the proposed preliminary plans, the petitioner shall file in triplicate a “final proposed preliminary plan”, which shall:

(a) Include all documents included in the preliminary plan;

(b) Include an index identifying all documents included in the preliminary plan;

(c) Include a cover sheet indicating that it is the final proposed preliminary plan and indicating the date and zoning case file label; and

(d) Be bound or stapled together and all documents therein reduced to a size no larger than eight and one-half by 11 inches, except for the maps, sketches and plat (if any).

(E) Preliminary plan hearing.

(1) The petition, if and as modified, shall then be heard by the Plan Commission as a petition for zoning map amendment and subject to the procedures applicable thereto. The Plan Commission may recommend approval or disapproval of the plan and may impose any reasonable condition(s) with its affirmative recommendation. If disapproval is recommended, the application shall be forwarded to the County Board of Commissioners with a recommendation to deny. If approval is recommended, the preliminary plan shall be stamped “approved preliminary planned unit development”, and be signed by the President and Secretary of the Plan Commission. One copy shall be permanently retained in the office of the Plan Commission, one copy and all conditions shall be certified as described in division (E)(2) below.

(2) The approved preliminary planned unit development shall then be certified to the County Board of Commissioners for adoption as a Planned Unit Development District pursuant to the laws governing proposals to change zoning maps. Upon adoption by the legislative body, the petitioner shall prepare the final detailed plan.

(F) Final review: approval of final detailed plan.

(1) Before any development takes place, the petitioner shall file with the Plan Commission a minimum of seven sets of the final detailed plan specifying the location, composition and engineering features of all lots, storm drainage, sanitary sewage, water supply facilities, public or private streets, recreation facilities, site perimeter treatment, landscaping, utilities, plat and other site development features including locations of buildings. The petitioner shall also file the original of all signed and notarized documents pertaining to restrictive covenants, condominium declaration and/or the creation of homeowners association, along with financial assurance for the satisfactory installation of all public improvements in the form of bonds or such other assurances as are required in the normal procedures of platting pursuant to the subdivision provisions of this chapter. The Plan Commission shall then approve said final detailed plans by resolution duly adopted, upon an affirmative finding that the final detailed plan is consistent with the approved preliminary planned unit development as adopted and passed by the County Board of Commissioners upon rezoning. Having once approved the final detailed plan, the Plan Commission shall have not further authority to review or act thereon, except as to enforcement, any amendatory ordinance, or as hereafter provided for.

(2) The approved preliminary plan may provide for development of the property involved in phases. If such phasing is included as a part of the approval of the preliminary plan, the petitioner may submit partial final detailed plans that correspond to the phases involved. Such partial final detailed plans, when approved, shall be treated in the same manner as approved final detailed plans for an entire Planned Development.

(3) The approved final detailed plan or phase thereof shall be stamped “Approved Final Detailed Planned Unit Development” and be signed by the President and Secretary with one copy permanently retained in the office of the Plan Commission following recordation.

(4) Unless extended by the Plan Commission, approval of the first phase of the final detailed plan shall be obtained within two years and approval of the balance of the final detailed plan shall be obtained within five years after adoption of the Planned Unit Development District by the County Board of Commissioners.

(5) In the event that approval of a final detailed plan is not timely obtained, the Plan Commission may initiate an amendment to the zoning map to return said land to its prior classification.

(6) In the exercise of continuing jurisdiction, the Administrator may from time to time approve only minor modifications of the approved final detailed planned unit development in a manner consistent with the approved preliminary planned development. Such modifications shall not include any increase in density, any lessening of aesthetic treatments, any alteration of frontage or building location, or any change in type of use, or any change in access points. Except for those modifications which may be approved by the Administrator, any other modifications shall require a petition to the Plan Commission under the same procedures as rezoning and accordance with this section as an original PUD application.

(7) Approval of a final detailed plan shall expire after a period of five years from the approved phasing of the preliminary plan unless the development is 50% completed in terms of public improvements including streets, open space, walkways, utility installations and sanitary sewers. The Plan Commission, upon recommendation of the Administrator, shall make determination of the amount of completion. Following expiration of the final detailed plan, the county shall declare the bond to be in default and cause all public improvements to be installed according to the final detailed plans.

(G) Covenants and maintenance.

(1) All covenants, when required by the Plan Commission, shall be set forth in detail and shall provide for a provision for the release of such restriction by execution of a document so stating and suitable for recording, signed by the Plan Commission President and Secretary upon authorization by the Plan Commission and all of the owners of property in the area involved in the petition for whose benefit the covenant was created. Such covenants shall provide that their benefits run to the Plan Commission and shall be specifically enforceable by the Plan Commission when required by the Plan Commission in addition to the property owners.

(2) The Plan Commission may require the recording of covenants for any reasonable public or semi-public purpose, including, but not limited to, the allocation of land by the petitioner for public thoroughfares, parks, schools, recreational facilities and other public and semi-public purposes. Such covenants shall provide that if a governmental unit or agency thereof does not proceed with acquisition of the allocated land within a specified period of time, the covenants shall automatically terminate. If such termination occurs, the petitioner shall then submit for approval by the Plan Commission a modified final detailed plan for such land, otherwise consistent with the approved preliminary planned unit development.

(3) The Commission may require the recording of covenants for any other reasonable purpose, including, but not limited to, imposing standards for development of property in a planned unit development. Such development standards may include, but are not limited to, requirements as to the following:

(a) Lot area;

(b) Floor area;

(d) Area in which structures may be built (“buildable area”);

(e) Open space;

(f) Setback lines and minimum yards;

(g) Building separations;

(h) Height of structures;

(i) Signs;

(j) Off-street parking and loading space;

(k) Design standards (including landscaping requirements); and

(l) Phasing of development.

(4) An Owner’s Association shall be formed with direct responsibility to, and control by, all property owners in the PUD to provide for the maintenance of all open spaces and active recreation space located within the PUD. Legal assurance shall be provided and recorded which shows that the Homeowners Association is self-perpetuating.

(5) Adequate provisions shall be made for a private organization with direct responsibility to, and control by, the property owners involved to provide for the operation and maintenance of all common facilities and space including private streets jointly shared by such property owners if such facilities are a part of the planned unit development, and, in such instance legal assurances shall be provided and recorded which show that the private organization is self-perpetuating. In addition, the private organization shall have the power to enforce covenants and restrictions.

(6) Common facilities that are not dedicated to the public shall be maintained to standards assuring continuous and adequate maintenance. Common facilities not dedicated to the public shall be operated and maintained at no expense to any governmental unit.

(7) All private streets shall be maintained by the aforementioned private organization in such a manner that adequate access is provided at all times to vehicular traffic so that fire, police, health, school, sanitation and public utility vehicles can serve the properties contiguous or adjacent thereto, and so that said vehicles will have adequate turning area. All streets and roadways not dedicated to the public shall be operated and maintained at no expense to any governmental unit.

(H) Recording of plans.

(1) All approved final detailed planned unit development plans and plats and modifications thereto shall be recorded in the office of the County Recorder within two years after approval, but before any development takes place.

(2) Failure to record shall automatically void the approval of the final detailed planned unit development.

(3) Where upon completion of all development, the exact measurements, as to the location of buildings or structures erected during the development, are deemed desirable for public record by recording thereof, the developer may submit a copy of the approved final detailed planned unit development to the Administrator as an amended approved final detailed planned unit development with the exact measurements thereon shown, and upon being satisfied that the measurements are substantially the same as indicated on the original approved final detailed planned unit development, shall reapprove, date and sign said amended approved final detailed planned unit development, which the developer shall then record.

(I) Permit. A building permit may be issued for lots within a planned unit development district upon full compliance with all pre-construction provisions of the approved final detailed planned unit development.

(J) Construction.

(1) No construction or installation work shall be done on any public improvements until the petitioner has, at least 24 hours in advance, notified the appropriate governmental inspector(s) of his or her intention to begin such work, in order that inspections may be made as the work progresses.

(2) All development shall be in conformity with the approved and recorded final detailed planned unit development and any material deviations from the approved and recorded final detailed planned unit development shall be subject to appropriate enforcement action as provided for in this chapter.

(K) Extensions, abandonment and expiration.

(1) Extensions of the time for accomplishing any matters set forth herein may be granted by the Plan Commission at a public hearing for good cause shown, if requested prior to the expiration of the applicable time period.

(2) Upon the abandonment of a development authorized under this section (abandonment shall be deemed to have occurred when no improvements have been made pursuant to the approved final detailed planned unit development for 24 consecutive months), or upon the expiration of five years from the approval of a final detailed planned unit development for a development which has not been completed, an amendment may be initiated as provided by law to the zoning map so that the land will be zoned into a category or categories which most nearly approximate its then existing use or such other zoning category or categories which the legislative body deems appropriate.

(L) Rules of procedure. All proceedings brought under this section shall be subject to the rules of procedure of the Plan Commission, where not inconsistent with the procedure otherwise stated herein.

(M) Limitation of rezoning. The Plan Commission shall not initiate any amendments to the zoning map concerning the property involved in a PUD before completion of the development as long as the development is in conformity with the approved final detailed planning unit development and is proceeding in accordance with the time requirements imposed herein.

(Ord. 17-2007, passed 12-18-2007; Ord. passed 9-16-2010)

§ 156.50 DEVELOPMENT PLANS.

(A) Purpose. The purpose of this chapter is to provide specific criteria for certain uses that utilize significant land and impact in a significant way public infrastructure.

(B) Designation of areas within zoning districts requiring development plans. Any of the following proposed uses may require the submission of a development plan prior to the issuance of any building permit and/or prior to the consideration of any request by a property owner for the amendment of the zoning maps of the county. Said districts are as follows:

(1) All special uses in A1;

(2) All special uses in C1;

(3) Multiple building sites in R1;

(4) Multiple building sites in R2;

(5) R3;

(6) B1;

(7) B2;

(8) B3;

(9) M1;

(10) M2;

(11) M3; and

(12) RP.

(C) Procedure. The Plan Commission shall establish a Technical Review Committee, consisting of the following members: the Director of the Plan Commission, the County Engineer, the County Surveyor and the Director of the County Health Department. Upon submission of an application for a building permit and/or request by a property owner to amend the zoning maps (i.e., rezoning request), said Technical Review Committee shall first determine whether the submission of a development plan shall be required. When a plan is required, the technical review committee shall review said plan and submit its recommendations to the Plan Commission. The County Drainage Board must also approve the plan before the Plan Commission can take any action to approve or deny any commercial plans. Following the submission of said recommendation by the technical review committee, the Plan Commission shall take action regarding approval or denial of said development plan in conjunction with the issuance of a building permit or acting upon a rezoning request.

(D) Standard of review. Where applicable, the Plan Commission shall review the development plan in the same manner as preliminary plans for planned unit developments are reviewed, to determine whether it is consistent with the comprehensive plan. The Plan Commission may impose conditions on the approval of the development plan, if the conditions are reasonably necessary to satisfy the development requirements specified in the zoning ordinance. The Plan Commission may also provide that the approval of the development plan is conditioned on furnishing the Plan Commission a bond or written assurance that guarantees the timely completion of any proposed public improvements of the proposed development in a manner which is satisfactory with the Plan Commission. The Plan Commission may also require the owner of the real property to make a written commitment under I.C. 36-7-4-613.

(E) Development standards. The development standards which a development plan shall be required to address are as follows.

(1) Proof of the availability and coordination of adequate water, sanitary sewers, storm sewers, water, drainage and other necessary utilities.

(2) The management of traffic to be generated by the proposed development that includes the design and location of proposed streets and highway access points. The plan must be specific in regards to the management of traffic and must address the design location of the proposed street and highway access points noting features to minimize safety hazards and congestion and confirming under appropriate accepted standards that the capacity of adjacent streets and highways will be sufficient to safely and efficiently accept traffic generated by the proposed development.

(3) The plan should also identify existing proposed primary structures and accessory structures, the location of all proposed signage, and the location design of all landscaping.

(4) The management of erosion and sediment control in compliance with all applicable governmental rules and regulations, and also in a manner that minimizes damage to adjacent property, drainage channels, roads and other sensitive areas.

(5) Storm water management plan showing compliance with all applicable local, state and federal standards, and other necessary specifications to protect adjacent down-stream areas from damage due to additional water run-off, drainage or flooding.

(6) Proof that any outdoor illumination will not create a nuisance or interfere with the use and/or quiet enjoyment of surrounding properties, based upon generally accepted engineering and design guidelines.

(7) Where necessary, the owner may be required to execute a use and development commitment as provided under I.C. 36-7-4-613 to assure that the subject property will be compatible with surrounding land uses and will not have an adverse effect on such surrounding land uses.

(F) Findings concerning decisions of Plan Commissions. The Plan Commission shall make written findings concerning each decision to approve or disapprove a development plan. The findings shall be signed by the president of the Plan Commission. A decision of the Plan Commission approving or disapproving a development plan is a final decision of the Plan Commission that may be reviewed pursuant to I.C. 36-7-4-1016. Notices of any public hearing for consideration by the Plan Commission for a development plan shall be done in the same manner as that which is required for public hearings for preliminary plat approval of a proposed subdivision. A privacy fence may not be erected in any location or in any way as to obstruct the safe sight lines of a person operating a vehicle upon a public roadway. Regardless of road sight lines, privacy fences may not be erected in a residential zone any closer to a public roadway than 25 feet or the front of the residence, whichever is farther from the roadway.

(Ord. 17-2007, passed 12-18-2007; Ord. passed 5-29-2008)

§ 156.51 MOBILE HOMES.

(A) Lots on which mobile homes are to be installed must conform to all requirements of other residential lots.

(B) Adequate sanitary facilities shall be provided for each mobile home, and such facilities shall be approved by the County Board of Health prior to the installation. No application for an improvement location permit for a mobile home shall be acted upon until such time as the written recommendations of the County Health Department concerning the advisability of conditions under which a septic system may be installed. Written recommendations shall not be required for mobile homes served by sanitary sewers.

(C) All mobile home installations shall require an improvement location permit and final inspection unless said mobile home is located in a licensed mobile home park.

(D) Mobile homes shall be allowed in R1 Districts only if wheels, axles and tongue are removed and the mobile home is set on a permanent masonry foundation as described in division (E) below.

(E) Each mobile home shall be placed upon a foundation consisting of one of the following:

(1) A permanent, continuous foundation constructed of the same type of masonry such as poured concrete, concrete block, brick, stone or similar material under all outside walls;

(2) A pad or slab consisting of solid concrete of the same width and depth of the particular mobile home and of a thickness sufficient to support the maximum load during all seasons and types of weather, but in all cases slabs must be not less than four inches thick; or

(3) Piers or runners, the bottom of which must be at least 24 inches below grade, and at least 18 inches wide.

(F) All mobile homes not placed on a permanent foundation shall be underpinned completely around a noncombustible material. Underpinning must be completed within 60 days of the mobile home’s placement.

(G) All mobile homes must be anchored down by anchors or straps according to manufacturer’s specifications.

(H) If a lot on which a mobile home is to be placed conforms to all requirements of a residential lot, notice and hearing are not required, and an improvement location permit shall be issued upon request, as long as all other requirements of this chapter have been complied with in full.

(I) No more than one mobile home may be placed on any lot.

(J) All trash and refuse must be placed in closed containers or within an enclosure that is fenced or walled, containing closed containers.

(K) The applicant shall present a precise location of the lot intended for such usage on the property.

(L) The County Board of Zoning Appeals cannot grant a permit for a mobile home in violation of subdivision restrictions.

(Ord. 17-2007, passed 12-18-2007)

§ 156.52 AIRPORT OVERLAY DISTRICT.

(A) Intent of district.

(1) The intent of the Airport Overlay District is regulating and restricting the height of structures and objects of natural growth, and otherwise regulating the use of the property, in the vicinity of the Clark Regional Airport by creating the appropriate zones and establishing boundaries thereof; defining certain terms used herein; referring to the. Clark Regional Airport Zoning Map which is incorporated in and made a part of this chapter.

(2) It is hereby found that an obstruction and certain uses have the potential for endangering the lives and property of users of Clark Regional Airport, and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of Clark Regional Airport; and that an obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft; thus tending to destroy or impair the utility of Clark Regional Airport and the public investment therein. Accordingly, it is declared:

(a) The creation or establishment of an obstruction and certain uses have the potential of being a public nuisance and may injure the region served by Clark Regional Airport;

(b) It is necessary in the interest of the public health, public safety and general welfare that the creation or establishment of obstructions that are a hazard to air navigation and certain uses be prevented; and

(c) It is further declared that the prevention of the creation or establishment of hazards to air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation, or the marking and lighting of obstructions are public purposes.

(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AIRPORT. Clark Regional Airport.

AIRPORT ELEVATION. Four hundred seventy-four feet above mean sea level.

APPROACH SURFACE. A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in § 156.04. The perimeter of the APPROACH SURFACE coincides with the perimeter of the approach zone.

APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL ZONES. These zones are set forth in division (C) below.

CONICAL SURFACE. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet.

HAZARD TO AIR NAVIGATION. An obstruction determined to have a substantial adverse effect on the safe and effective utilization of the navigable airspace.

HEIGHT. For the purpose of determining the height limits in all zones set forth in this section and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

HORIZONTAL SURFACE. A horizontal plane 150 feet above the established airport elevation, the perimeter of the horizontal surface is determined by swinging the arcs of the specified radii of the applicable zone under division (C) below from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs.

LARGER THAN UTILITY RUNWAY. A runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft (currently runway 36).

NONCONFORMING USE. Any pre-existing structure, object of natural growth or use of land which is inconsistent with the provisions of this section or an amendment thereto.

OBSTRUCTION. Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in division (D) below.

PERSON. An individual, firm, partnership, corporation, company, association, joint stock association or governmental entity; includes a trustee, a receiver, an assignee or a similar representative of any of them.

PRECISION INSTRUMENT RUNWAY. A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS), or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document (currently runway 18).

PRIMARY SURFACE. A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the PRIMARY SURFACE extends 200 feet beyond each end of that runway; for runways without a specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the PRIMARY SURFACE is set forth in division (C) below. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

RUNWAY. A defined area on an airport prepared for landing and takeoff of aircraft along its length.

RUNWAY PROTECTION ZONE (RPZ). That area defined as RPZ in Federal Aviation Administration Advisory Circular No: 150/5300 as amended from time to time for the Clark County Indiana Regional Airport.

STRUCTURE. An object, including a mobile object, constructed or installed by humana, including but without limitation, buildings, towers, cranes, smokestacks, silos, earth formation and overhead transmission lines.

TRANSITIONAL SURFACES. These surfaces extend outward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. TRANSITIONAL SURFACES for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90-degree angles to the extended runway centerline.

TREE. Any object of natural growth.

UTILITY RUNWAY. A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less (currently runways 14 and 32).

(C) Airport zones. In order to carry out of the provisions of this section, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to Clark Regional Airport. Such zones are shown on Clark Regional Airport Zoning Map, consisting of one sheet, prepared by JTL, Inc., and dated January 5, 2011, which is attached to this section and made a part hereof. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows.

(1) Utility Runway Visual Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(2) Runway Larger Than Utility Visual Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 1,500 feet to a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(3) Precision Instrument Runway Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet to a horizontal distance of 50,000 feet from the primary surface. Its centerline is the continuation of the center. line of the runway.

(4) Transitional Zones. The transitional zones are the areas beneath the transitional surfaces.

(5) Horizontal Zone. The horizontal zone is established by swinging arcs of 5,000 feet radii for all runways designated utility or visual and 10,000 feet for all others from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

(6) Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.

(D) Airport zone height limitations. Except as otherwise provided in this section, no structure shall be erected, altered or maintained, and no tree shall be allowed to grow in any zone created by this section to a height in excess of the applicable height limit herein established for such zone. Such, applicable height limitations are hereby established for each of the zones in question as follows:

(1) Utility Runway Visual Approach Zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

(2) Runway Larger Than Utility Visual Approach Zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

(3) Precision Instrument Runway Approach Zone. Slopes 50 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline; thence slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.

(4) Transitional Zones. Slope seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation which is 474 feet above mean sea level. In additional to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides and at the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90 degree angles to the extended runway centerline.

(5) Horizontal Zone. Established at 150 feet above the airport elevation or at a height of 624 feet above mean sea level.

(6) Conical Zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

(7) Excepted height limitations. Nothing in this section shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to 50 feet above the surface of the land based upon elevations as they exist as of the date of this section.

(E) Use restrictions. Notwithstanding any other provisions of this section, no use may be made of land or water within any zone established by this section in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport. Furthermore, the following uses are prohibited in a RPZ: uses that attract wildlife, churches, schools, hospitals, office buildings, shopping centers and storage or maintenance of above ground flammable liquids or explosive materials in excess of the amount of such liquids or materials normally used at a single family dwelling.

(F) Nonconforming uses.

(1) Regulations not retroactive. The regulations prescribed by this section shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this section, or otherwise interfere with the continuance of nonconforming use. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this section, and is diligently prosecuted.

(2) Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the County Board of Aviation Commissioners to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of County Board of Aviation Commissioners.

(G) Permits.

(1) Required. No material change shall be made in the use of land, no structure shall be erected or otherwise established and no tree shall be planted in any zone hereby created unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this section shall be granted unless a variance has been approved in accordance with law.

(2) Existing uses. No permit shall be granted that would allow the establishment or creation of any obstruction or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this section or any amendments thereto or than it is when the application for a permit is made.

(3) Nonconforming uses abandoned or destroyed. Whenever the County Plan Commission determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

(4) Variances. Any application for variance from the terms of this section shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Additionally, no application for variance to the requirements of this section may be considered by the Board of Zoning Appeals unless notice of the application has been furnished to the County Board of Aviation Commissioners for advice as to the aeronautical effects of the variance.

(5) Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this section and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner’s expense, such markings and lights as may be necessary. If deemed proper by the Board of Zoning Appeals, this condition may be modified to require the owner to permit the County Board of Aviation Commissioners at its own expense, to install, operate and maintain the necessary markings and lights.

(H) Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this section and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, and the use of land or any other matter, the more stringent limitation or requirement shall govern and prevail.

(Ord. 16-2012, passed 4-12-2012)

§ 156.99 PENALTY.

(A) Any person, firm or corporation who shall violate or fail to comply with any of the provisions of this chapter shall be liable for civil penalties to the Plan Commission of up to $2,500.

(B) Each day that the violation exists or continues shall be deemed a separate offense. The Plan Commission’s Attorney shall have the right to commence proceedings for an injunction, to restrain a person from violating this chapter and/or for a mandatory injunction requiring that a structure in violation of this chapter be removed. The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedy provided by law.