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Bourbon City Zoning Code

GENERAL PROVISIONS

§ 154.001 PURPOSE.

   (A)   An ordinance, as codified in this chapter, establishing a zoning plan for the town and contiguous unincorporated territory under the jurisdiction of the Town Plan Commission, to conserve the value of property, and to the end that adequate light, air, convenience of access, and safety from fire and other dangers may be secured; that congestion in the public streets may be lessened or avoided; and that the public health, safety, convenience, comfort, and general welfare may be promoted in a manner which recognizes the needs of industry and business in the future growth of the town, and which will encourage the development of healthy surroundings for family life in residential neighborhoods; all in accordance with a Master Plan designed to assure efficiency and economy in the process of development of the town, and for the purpose of:
      (1)   Classifying, regulating, and limiting the height, area, bulk, and use of buildings and premises hereafter erected;
      (2)   Regulating and determining the area of front, rear, and side yards, and other open spaces about buildings;
      (3)   Regulating and determining the use and intensity of use of land and lot areas;
      (4)   Classifying, regulating, and restricting the location of trades, industries, commercial enterprises, and the location of buildings designed for specified uses; and
      (5)   Dividing the town into districts of such kind, character, number, shape, and area as may be deemed necessary to carry out the purpose of this chapter.
   (B)   And furthermore, providing for its administration and enforcement, creating a Board of Zoning Appeals, and providing for review of the decisions of such Board by the Court.
(Prior Code, § 8.5.1)

§ 154.002 SHORT TITLE.

   This chapter, and ordinance supplemental or amendatory thereto, shall be known, and may be cited hereafter, as the “Zoning Ordinance of Bourbon, Indiana.”
(Prior Code, § 8.5.1)

§ 154.003 IDENTIFICATION.

   Wherever the word TOWN appears in this chapter, it shall be deemed to refer to the “Town of Bourbon, Indiana.”
(Prior Code, § 8.5.1)

§ 154.004 INTERPRETATION.

   In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, morals, convenience, and general welfare.
(Prior Code, § 8.5.1)

§ 154.005 NON-INTERFERENCE WITH GREATER RESTRICTIONS OTHERWISE IMPOSED.

   It is not intended by this chapter to interfere with, or abrogate or annul, any easements, covenants, or other agreements between parties, nor to interfere with, or abrogate or annul, any ordinances, other than expressly repealed hereby, rules, regulations, or permits previously adopted or issued, and not in conflict with any of the provisions of this chapter, or which shall be adopted or provided, except that where this chapter imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces or greater lot area per family, than are required by or imposed by such easements, covenants, or agreements between parties, or by such ordinances, rules, regulations, or permits, the provisions of this chapter shall control.
(Prior Code, § 8.5.1)

§ 154.006 AMENDMENTS.

   All amendments to this chapter shall be in conformance with the provisions of I.C. 36-7-4-501 et seq. Any proposed amendment shall be submitted to the Plan Commission for report and recommendation prior to any action thereon by the Town Council. If the Plan Commission does not approve the enactment of any proposed amendments, it shall become effective only by a three-fourths vote of the Town Council.
(Prior Code, § 8.5.1)

§ 154.007 REMEDIES.

   The Plan Commission, the Board of Zoning Appeals, the Building Commissioner, or any designated enforcement official, or person or persons, firm, or corporation jointly or severally aggrieved, may institute a suit for injunction in the County Circuit Court to restrain an individual or a governmental unit from violating the provisions of this chapter. The Plan Commission or the Board of Zoning Appeals may also institute a suit for mandatory injunction directing an individual, a corporation, or a governmental unit to remove a structure erected in violation of any provisions of this chapter or the requirements thereof. Any building erected, raised, or converted, or land or premises used in violation of any provisions of this chapter, or the requirements thereof, is hereby declared to be a common nuisance and as such may be abated in such manner as nuisances are now or may hereafter be abated under existing law.
(Prior Code, § 8.5.1)

§ 154.008 DUTY OF CLERK-TREASURER.

   The Clerk-Treasurer of the town is hereby directed to keep on file two copies of the zone maps referred to in § 154.021, and of the specifications referred to in § 154.040, and said maps and specifications shall be available for public inspection during all regular hours of the said Clerk-Treasurer.
(Prior Code, § 8.5.1)

§ 154.009 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
   ACCESSORY USE. A use which is incidental to the main use of the premises.
   ALLEY. A public thoroughfare which affords only secondary means of vehicular access to abutting property, and less than 30 feet in width.
   BASEMENT. A story partly underground, but having more than one-half of its clean height below ground level which, unless subdivided into rooms and used for tenant purposes, shall not be included as a story for the purpose of height measurement.
   BLOCK. Property having frontage on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, waterway, or other barriers. When intersecting or intercepting street and railroad right-of-way, waterway, or other barriers do not exist, the unit of 1,320 feet shall be used and may begin at a quarter section line, and terminate each 1,320 feet unless intersected by a street.
   BOARD. The Board of Zoning Appeals.
   BOARDING HOUSE. A building not open to transients, where lodging and/or meals are provided for compensation for three or more, but not over 30 persons regularly; a lodging house.
   BUILDING. A structure having a roof supported by columns and walls for the shelter, support, enclosure, or protection of persons, animals, chattels, or property. When separated by party walls, without openings through such walls, each portion of such a BUILDING shall be considered a separate structure.
   BUILDING ACCESSORY. A subordinate building, or a portion of a main building, which is located on the lot of the main building, the use of which is incidental to that of the main building, but such ACCESSORY BUILDING shall not be used as a separate family dwelling.
   BUILDING AREA. The maximum horizontal projected area of the principal and accessory building, excluding open steps or terraces, unenclosed porches not exceeding one story in height, or architectural appurtenances projecting not more than two feet.
   BUILDING, FRONT LINE OF. The line of that face of the building nearest the front lot line.
   BUILDING, HEIGHT OF. The vertical distance measured from the lot ground level to the highest point of the roof for a flat roof, to the deck line of a mansard roof, and to the mean height between eaves and ledges for gable, hip, and gambel roofs.
   BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which said building is located. Where a substantial part of the wall of an accessory building is part of the wall of the PRINCIPAL BUILDING, or where an accessory building is attached to the main building in a substantial manner by a roof, such accessory building shall be counted as part of the PRINCIPAL BUILDING.
   BUSINESS. The engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise, or services, the maintenance or operation of offices, or recreational and amusements enterprises for profit.
   CAMP, PUBLIC. Any area or tract of land used or designed to accommodate two or more automobile house trailers, or two or more camping parties, including cabins, tents, or other camping outfits.
   COMMERCIAL. See BUSINESS.
   DISTRICT. A section of the town or the jurisdictional area for which uniform regulations governing the use, height, area, size, and intensity of such use of buildings and land, and open spaces about buildings, are herein established.
   FAMILY. A group of one or more persons occupying a building and living as a single housekeeping unit. No unrelated group living as a single housekeeping unit shall consist of more than six persons, as distinguished from a group occupying a lodging house or hotel.
   GARAGE, PRIVATE. An accessory building with capacity for not more than three motor vehicles for storage only, nor more than one of which may be a commercial vehicle of not more than three tons capacity. Provided, however, that a garage designed to house one motor vehicle for each family housed in an apartment shall be classed as a PRIVATE GARAGE.
   GARAGE, PUBLIC. Any building or premises, except those defined herein as a private garage, used for the storage or care of motor vehicles, or where such vehicles are equipped for operation, repaired, or kept for remuneration, hire, or sale.
   GROUND FLOOR AREA. The square foot area of a residential building within its largest outside dimensions computed on a horizontal plane at the ground level, exclusive of open porches, breeze ways, terraces, garages, exterior, and interior stairways.
   HOME OCCUPATION. An occupation, carried on by a member of the family residing on the premises, in conjunction with which no commodity is sold or stock in trade is kept on the premises; no person is employed other than a member of said family; and no sign, other than a nameplate, not exceeding one square foot in area, is displayed, and no change in the external appearance of the building shall be caused thereby, and that no accessory building shall be used as such HOME OCCUPATION.
   HOTEL. A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests in contradiction to a boarding or lodging house.
   JUNK YARD, INCLUDING AUTOMOBILE WRECKING. A lot or part thereof used for the storage, keeping, or abandonment of junk, including scrap metal and/or vehicles, machinery, and/or parts thereof.
   KENNEL. Any lot or premises on which four or more dogs, at least four months of age, are kept.
   JURISDICTIONAL AREA. For planning and zoning, the area incorporated within the town and the contiguous unincorporated territory shown on a map filed by the Town Plan Commission with the Recorder of the county.
   LODGE or CLUB. An association of persons for some common purpose, but not including a group organized primarily or which is actually engaged to render a service which is customarily carried on as a business.
   LOT. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one principal building and its accessory buildings, and the open space required by this chapter, and having its principal frontage on a street or an officially designated and approved place.
   LOT, CORNER. A lot abutting upon two or more streets at their intersection.
   LOT COVERAGE. The percentage of the lot covered by the building area.
   LOT, DEPTH OF. The mean horizontal distance between the front line and the rear line of the lot, measured in the general direction of the side lot lines.
   LOT, GROUND LEVEL.
      (1)   For buildings having walls adjoining one street only, the elevation of the ground at the center of the wall adjoining the street.
      (2)   For buildings having walls adjoining more than one street, the average of the elevation of the ground at the center of all walls adjoining the streets.
      (3)   For buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls of the building.
      (4)   Any wall approximately parallel to and not more than five feet from a street is to be considered as adjoining the street.
   LOT, INTERIOR. A lot other than a corner lot or through lot.
   LOT LINE, FRONT. In the case of an interior lot, a line separating the lot from the street or place; and in the case of a corner lot, from a line separating the narrowest street frontage of the lot from the street, except in cases where deed restrictions in effect specify another line as the FRONT LOT LINE.
   LOT LINE, REAR. A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.
   LOT LINE, SIDE. Any lot boundary line not a front lot line or a rear lot line.
   LOT, THROUGH. A lot having frontage on two streets at opposite ends of the lot.
   LOT, WIDTH OF. The distance between the side lot lines at the front building line of building measured at right angles to the depth of the lot.
   MOBILE HOME COURT. Any area or tract of land used or designed to accommodate two or more mobile homes for non-transient use meeting the standards established by the State Board of Health for such park or court.
   MOTEL. A building or group of buildings in which lodging is provided and offered to the public for compensation, and catering primarily to the public traveling by motor vehicle.
   NON-CONFORMING USE. A building or premises which does not conform in its use or otherwise with all of the regulations of the district in which such building or premises is located.
   PARKING LOT. A parcel of land devoted to unenclosed parking space for five or more motor vehicles for compensation or otherwise.
   PROFESSIONAL OFFICE. When conducted in a residential district, a PROFESSIONAL OFFICE shall be incidental to the residential occupation, shall be conducted by a member of the resident family entirely within a residential building and accessory building, and shall include only the offices of doctors or practitioners, ministers, architects, landscape architects, professional engineers, lawyers, authors, musicians, and other recognized professional occupations occasionally conducted within residences.
   PLACE. An open unoccupied space other than a street or alley, permanently reserved for use as the principal means of access to abutting property.
   SANITARIUM. A private hospital, whether or not such facility is operated for profit.
   STORY. The portion of a building included between the surface of any floor other than the basement and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall be the STORY.
   STORY, HALF. The portion of a building under a sloping gable, hip, or gambel roof, the wall plates on at least two opposite exterior walls of which are not more than three feet above the floor level of such HALF-STORY.
   STREET. A public thoroughfare 30 feet or more in width in between property lines, which affords principal means of vehicular access to abutting property.
   STRUCTURE. Anything construed or erected, the use of which requires more or less permanent location on the ground which is attached to something permanently located on the ground.
   STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the exterior walls or the roof, excepting such alteration as may be required for the safety of the building.
   TOURIST HOME. A dwelling in which overnight accommodations for not more than ten transient guests is offered for compensation.
   VEHICLE PARKING SPACES. The area required for parking one automobile which, in this chapter, is held to be an area nine feet wide and 20 feet long, plus 70 square feet of maneuver area for each vehicle parking space making a total of 250 square feet.
   VISION CLEARANCE ON CORNER LOTS. A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the height of three and one-half and 12 feet above established grade, determined by a diagonal line connecting two points measured equidistant from the corner along each property line.
   YARD, FRONT. Horizontal space measured at 90 degrees with the property line, between the front line of the principal building and the property line of the street upon which the building faces, unoccupied other than by steps, walks, terraces, and open, unroofed, unenclosed porches, or architectural appurtenances projecting not more than 24 inches from the building.
   YARD, REAR. Horizontal space measured at 90 degrees to the rear lot line, between the rear of the principal building and the rear line of the lot, unoccupied other than by vehicle parking space, architectural appurtenances, or accessory buildings which do not occupy more than 30% of the required REAR YARD.
   YARD, SIDE. Horizontal space measured at 90 degrees to the side lot line between the side of the building and the adjacent side line of the lot, unoccupied other than by architectural appurtenances projecting not more than 30% of the required rear yard.
   ZONE. Same as DISTRICT.
(Prior Code, § 8.5.1)