Cass County Unincorporated
City Zoning Code

DISTRICT REGULATIONS

§ 155.025 DISTRICT ZONE MAPS.

(A) A District Zone Map of each township in the county is hereby adopted as part of this chapter. The District Zone Maps shall be kept on file available for examination in the office of the Zoning Administrator at the City Building.

(B) (1) In the event that the Official District Zone Maps become damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the Board of County Commissioners may, by resolution, adopt new Official District Zone Maps which shall supersede the prior Official District Zone Maps.

(2) The new Official District Zone Maps may correct drafting or other errors or omissions in the prior Official District Zone Maps, but no such correction shall have the effect of amending the original Official District Zone Maps or any subsequent amendment thereof.

(1) District boundaries shown within the lines of roads, streams, and transportation rights-of-way shall be deemed to follow the centerlines;

(2) Boundaries indicated as following section lines or platted lot lines shall be construed as following the lot lines;

(3) Boundaries indicated as parallel to or extensions of above features shall be so construed;

(4) Boundaries indicated as following shore lines shall be construed as following the shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center line of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow the centerlines as established on the effective date of this chapter;

(5) Where a district boundary line divides a lot in single or joint ownership of record at the time the line is adopted, the regulations for the less restricted portion of the lot shall extend not more than 50 feet into the more restricted portion, provided the lot has frontage on a street in the less restricted district;

(6) The vacation of streets and roads shall not affect the location of the district boundaries;

(7) When the Zoning Administrator cannot definitely determine the location of a district boundary by the centerlines, by scale or dimensions stated on the District Zone Map, or by the fact that it clearly does not coincide with a property line, he or she shall refuse action, and the Board of Zoning Appeals, upon appeal, shall interpret the location of the district boundary with reference to the scale of the District Zone Map and the purposes set forth in all relevant provisions of this chapter; and

(8) Where physical or cultural features existing on the ground are at variance with those shown on the District Zone Map, or in other circumstances not covered by divisions (C)(1) through (C)(7) above, the Board of Zoning Appeals shall interpret the district boundaries.

(Prior Code, § 153.025) (Ord. 93-02, passed 2-1-1993)

§ 155.026 ESTABLISHMENT OF DISTRICTS.

The jurisdictional area of the county is divided into the following zoning districts for purposes as stated below.

(A) AG, Agricultural District.

(1) (a) The purpose of this district is to recognize agriculture as the predominant use of land in the county and to ensure the continued viability of this resource.

(b) Adverse effects and incompatibilities between agricultural and non-farm uses will be discouraged, and public sewage and water facilities will not be provided.

(2) Density should not exceed one dwelling unit per acre. Higher density development will be considered only as a planned residential development and/or as per the modification procedure of the Subdivision Control Ordinance.

(B) RR, Rural Residential. The purpose of this district is to provided low-density residential areas which includes most of the small communities in the county which are not of sufficient density or area to warrant central sewage facilities now or in the future. Density should not exceed one dwelling unit per 40,000 square feet.

(C) R-1, Suburban Residential District. The purpose of this district is to encompass those residential areas adjacent to the incorporated towns and Logansport at a density sufficient enough where central sewage can be provided immediately or in the future. Density should not exceed one dwelling unit per 24,000 square feet.

(D) B-1, Convenience Business District. The purpose of this district is to provide convenience business and service uses in community areas.

(E) B-4, General Business District. The purpose of this district is to provide areas for general business uses to meet the needs of a regional market and the traveling public. General business districts should be located on collectors or arterials highways as specified by the Comprehensive Plan.

(F) AB, Agribusiness District. The purpose of this district is to encourage expansion of business and manufacturing support uses for the local agricultural community in proper locations.

(G) I-1, Light Industrial District. The purpose of the light industrial district is to encourage the development and expansion of manufacturing and wholesale business establishments which are clean, quiet and free of hazardous or objectionable elements, operate entirely within enclosed structures and generate little industrial traffic.

(H) I-2, General Industrial District. The purpose of this district is provided to encourage the development and expansion of major industrial operations which utilize both enclosed and unenclosed space for storage, fabricating, and manufacturing.

(I) FW, Floodway Overlay District. The purpose of this district is to restrict development within that portion of the floodplain which has been delineated by the Federal Insurance Administration as being required to carry the principal thrust and flow of floodwaters.

(J) FF, Floodway Fringe Overlay District. The purpose of this district is to place additional restrictions upon uses permitted in underlying districts which are located within that area of the floodplain delineated by the Federal Insurance Administration as the floodway fringe.

(K) AO, Airport Overlay District. The purpose of this district is to guide development in certain areas which are adjacent to airports that could be particularly hazardous if development standards were not imposed. This will minimize the possibility of accidents causing hardship on individual property owners and the general public.

(L) R-5, Planned Residential Overlay District.

(1) The purpose of this district is to define properties which, because their location and surrounding development, are recommended and best suited to be developed as planned developments, provided for under § 155.052.

(2) Such development is not mandatory, but rather a desired or suggested method of development to ensure that new development in these areas is compatible with existing and proposed uses on adjacent properties.

(M) RP, Riverfront Protection Overlay District. The purpose of this district is intended to protect from undesirable development all lands within 100 feet of the top of the bank of the Wabash and Eel Rivers.

(Prior Code, § 153.026)

(N) Underground and Buried Utilities District. The county hereby establishes an Underground and Buried Utilities District (“Area”) to be in effect April 28, 2017, and to apply throughout the county’s ROW and granted utility easements.

(1) Underground and Buried Utilities District is hereinafter defined as follows:

(a) In all areas of the county where no overhead or above-ground utilities, utility facilities, overheard lines, or associated overhead structures used, or useful, in supplying electric, communication, or similar and associated services currently exist;

(b) In all areas of the county where planned road projects, redevelopment areas and/or economic development areas provide for and require underground buried utilities and utility facilities, including, but not limited to: electric; communication; or similar and associated services;

(c) All other areas of ROW, proposed ROW, or newly adopted ROW throughout the county, or in utility easement granted by the county, whether or not above-ground utilities, or utility facilities, currently exist; and

(d) Notwithstanding divisions (N)(1)(a) through (N)(1)(c) above, any utility that requires construction, placement, or use of a small cell facility in an area designated strictly for underground or buries utilities, may submit an application to the Board of County Commissioners requesting a waiver to install new utility poles or new wireless support structures within the “Area.”

(2) (a) From and after the effective date of this division (N), no person, corporation, or utility shall erect or construct within the county’s ROW or granted utility easement, any pole, overhead line, or associated overhead structure used, or useful, in supplying electric, communication, or similar associated services; a person, corporation, or utility may submit an application to the Board of County Commissioners requesting a waiver to install new utility poles or support structures within the “Area.”

(b) However, a person, corporation, or utility that is currently providing utility services, installed as the date of this division (N), shall be permitted to continue to repair and maintain utility structures and facilities in the ROW.

(3) Unless otherwise expressly authorized by the Board of County Commissioners, all utilities located within the county’s ROW or granted utility easement shall be placed underground and/or buried.

(4) All existing overhead poles, wires, and/or utility transmission lines may remain within the county’s ROW or utility easement, but may not be replaced or relocated without prior written authorization of the Board of County Commissioners. However, a person, corporation or utility that is currently providing utility services, installed as the date of this division (N), shall be permitted to continue to repair and maintain utility structures and facilities in the ROW.

(5) If any portion of this section is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this section so long as enforcement of same can be given same effect.

(Prior Code § 153.026) (Ord. 93-02, passed 2-1-1993; Res. 2017-02, passed 4-28-2017)

§ 155.027 DISTRICT LAND USAGE; TABLE A.

(A) Agricultural. The permitted, prohibited and special exception uses for each district are shown in Table A below. Where the district column is marked with a “P,” the use is permitted in that district. Where the district column is marked with an “X,” the use is prohibited. Where the district column is marked with an “S” a special exception must first be obtained as specified by § 155.184. The Zoning Administrator shall determine into which category any use shall be placed which is not specifically listed or herein defined. This determination may be appealed to the Board of Zoning Appeals.

—	AG	RR	R-1	B-1	B-4	AB	I-1	I2	CG	Buffer Class	Parking Class
1. Agricultural — Accessory Storage Facility	P	P	P	P	P	P	P	P	—	A	C
2. Agribusiness (as defined)	S	X	X	X	S	P	S	S	P	E	B
3. Agriculture — Confined Feeding	S	X	X	X	X	S	S	S	S	A	C
4. Agriculture — Cropland and Orchards	P	P	P	P	P	P	P	P	—	A	C
5. Agriculture — Commercial Fish, Worm, Fur, and Other Specialty Farms	P	X	X	P	P	P	P	P	—	A	C
6. Agriculture — Farm Business On-Site Sale of Goods Primarily Produced on the Property (permanent)	S	X	X	P	P	P	P	P	—	C	D
7. Agriculture — Farm Business On-Site Sale of Goods Produced on the Property (seasonal)	P	X	X	P	P	P	P	P	—	A	D
8. Agriculture — Irrigation Facilities	P	S	S	P	P	P	P	P	—	A	C
9. Agriculture — Land Application of Sludge and Wastewater	P	X	X	X	X	P	P	P	—	A	C
10. Agriculture — Pasture and Grazing (does not include animals kept as pets or for hobby)	P	S	S	P	P	P	P	P	—	A	C
11. Agriculture — Processing of Good Produced on Property Only	P	S	S	P	P	P	P	P	—	A	C
12. Auction Barn (Livestock)	S	X	X	X	X	P	S	S	—	E	G
13. Cropland Research or Demonstration Test Plot (temporary or permanent)	P	S	S	P	P	P	P	P	—	A	C
14. Farm Equipment Sales and Rental New and Used and Accessory Service and Repair	S	X	X	X	S	P	S	S	—	E	N
15. Forestry, Woodland	P	P	P	P	P	P	P	P	S	A	C
16. Grain Elevators and Feed Dealers Storage and Distribution	S	X	X	X	X	P	S	S	P	E	B
17. Liquid Fertilizer and Agricultural Chemicals — Sales, Mixing Storage and Distribution	S	X	X	X	X	P	S	S	P	E	B
18. Livestock Research or Evaluation	P	X	X	P	P	P	P	P		B	C
19. Plant Nursery (as defined)	P	X	X	P	P	P	P	S	—	A	C
20. Slaughterhouse and Rendering Plant	X	X	X	X	X	X	X	S	S	E	B

(B) Natural resources.

—	AG	RR	R-1	B-1	B-4	AB	I-1	I2	CG	Buffer Class	Parking Class
1. Agricultural and Environmental Research Centers	S	X	X	P	P	P	P	P	—	B	B
2. Artificial Lake or Reservoir of 3 Acres or More	S	S	S	S	S	S	S	S	—	A	C
3. Conservation or Environmental Study Clubs	S	X	X	S	S	S	S	S	—	B	C
4. Fill of Natural Wetland, Water Areas or Marshland	S	S	S	S	S	S	S	S	—	A	C
5. Fish Hatcheries	P	X	X	P	P	P	P	P	—	A	C
6. Mineral Extraction (as defined)	S	S	S	S	S	S	S	S	—	E	B
7. Oil and Gas Production (not to include refining)	S	X	X	S	S	B	S	S	P	E	B
8. Public Landing Facilities	P	P	P	P	P	P	P	P	—	A	C
9. Public Owned Park or Recreational Area and Accessory Structures	P	P	P	P	P	P	P	P	—	A	C
10. Water Areas, Marshland	P	P	P	P	P	P	P	P	—	A	C
11. Water Management and Use Facilities such as Dams, Docks, Piers, Channel Improvements, Seawalls, and Floodwalls	P	P	P	P	P	P	P	P	—	A	C
12. Wildlife and Nature Preserves	P	P	P	P	P	P	P	P	—	A	C

—	AG	RR	R-1	B-1	B-4	AB	I-1	I2	Buffer Class	Parking Class
1. Bed and Breakfast Facility (as defined), Tourist Home	S	S	S	S	S	X	X	X	B	S
2. Children’s Home (as defined)	S	S	S	X	X	X	X	X	B	J
3. Conversion Dwelling (as defined)	S	S	S	S	S	S	X	X	A	A
4. Cottage Industries	S	X	X	X	X	X	X	X	A	see § 155.111
5. Country Inn (as defined)	S	X	X	S	S	X	X	X	D	S
6. Day Care Home (as defined)	P	P	P	P	S	S	X	X	A	A
7. Dwelling — Accessory Apartment (as defined)	P	P	P	S	S	S	X	X	A	A
8. Dwelling — Cabin or Cottage (Seasonal or Permanent)	P	P	P	X	X	X	X	X	A	A
9. Dwelling — Earth Sheltered Home (as defined)	P	P	P	X	X	X	X	X	A	A
10. Dwelling — Multi-Family (as defined)	S	S	S	X	X	X	X	X	B	A
11. Dwelling — Seasonal Farm Worker Housing	P	S	S	X	X	S	X	X	A	A
12. Dwelling — Single Family-Attached (as defined)	S	S	S	X	X	X	X	X	A	A
13. Dwelling — Single Family-Detached (as defined)	P	P	P	X	X	X	X	X	A	A
14. Dwelling — Two-Family (as defined)	S	S	S	X	X	X	X	X	B	A
15. Group Housing Quarters (as defined)	S	S	S	X	X	X	X	X	B	K
16. Home Child Care (as defined)	P	P	P	P	P	P	X	X	A	A
17. Home Occupation — Major (as defined)	S	X	X	P	P	P	P	P	C	A
18. Home Occupation — Simple (as defined)	P	P	P	P	P	P	P	P	A	A
19. Major and Minor Residential Subdivisions Over Two Lots (as defined by the Subdivision Control Ordinance)	S	P	P	X	X	X	X	X	A	A
19. Minor Residential Subdivisions Two Lots and Under (as defined by the Subdivision Control Ord.)	P	P	P	S	S	S	S	S	A	A
20. Mobile Home — As Principal Structure (as defined)	P	S	S	X	X	X	X	X	A	A
21. Mobile Home Park (as defined) (see § 155.097)	S	X	X	S	S	X	X	X	B	A
22. Model Homes (as defined)	P	X	X	X	X	X	X	X	—	—
23. Modular Home (as defined)	P	P	P	X	X	X	X	X	A	A
24. Motel or Hotel (as defined)	X	X	X	P	P	P	X	X	D	S
25.Nursing and Retirement Home	S	S	S	X	X	X	X	X	B	K
26. Residential Accessory Uses and Structures	P	P	P	P	P	P	P	P	A	A
27. Residential Facility (as defined)	P	P	P	X	X	X	X	X	B	J
28. Residential Facility (as defined) for the Mentally Ill When Located Greater than 3,000 feet from Another Residential Facility for the Mentally Ill	P	P	P	X	X	X	X	X	B	J
29. Residential Facility (as defined) for the Mentally Ill When Located Less than 3,000 Feet from Another Residential Facility for the Mentally Ill	S	S	S	X	X	X	X	X	B	J
30. Social Rehabilitation Center (as defined)	S	S	S	S	S	S	S	S	B	J

(D) Trade.

—	AG	RR	R-1	B-1	B-4	AB	I-1	I2	CG	Buffer Class	Parking Class
1. Aircraft Sales, Storage and Rentals and Accessory Service and Repair (including crop dusting services)	S	X	X	X	X	S	S	X	—	E	N
2. Automobile Car Washing and Waxing	X	X	X	X	P	S	S	X	—	E	M
3. Automobile Sales and Rental - New and Used and Accessory Service and Repair	X	X	X	X	P	S	S	X	S	E	N
4. Automobile Service Stations (as defined) and Tire and Battery Dealers and Accessory Service and Repair (not including junk yards)	X	X	X	X	P	S	S	X	—	E	M
5. Boat and Other Marine Sales and Rental and Accessory Service and Repair	S	X	X	X	P	S	S	X	—	E	N
6. Commercial Garages (as defined)	S	X	X	X	P	S	S	X	—	E	M
7. Dinner Theater, Night Club and Taverns	X	X	X	X	P	S	S	X	—	D	L
8. Drive-in and Carry-out Restaurants	X	X	X	X	P	S	S	X	—	D	L
9. Heavy Equipment Sales and Rental New and Used and Accessory Service and Repair	X	X	X	X	P	P	S	S	—	E	N
10. Liquor Stores	X	X	X	S	P	S	X	X	—	D	E
11. Lumber and Building Supplies, Lawn and Garden Supplies, and Farm Supply Centers (including outdoor storage)	S	X	X	S	P	P	S	X	P	E	E
12. Mobile Homes and Recreational Vehicle Sales and Rental and Accessory Service and Repair	X	X	X	X	P	S	S	X	X	E	N
13. Monument Sales	X	X	X	X	P	S	S	X	—	E	D
14. Motorcycle and Truck Sales and Accessory Service and Repair	X	X	X	X	P	S	S	X	X	E	N
15. Noncommercial vehicle repair (not including junk yards) (see § 155.110)	P	P	P	X	X	X	X	X	—	A	A
16. Restaurant and Cafeterias including Drive-Ins or Sidewalk Cafes	X	X	X	P	P	S	S	X	—	D	L
17. Retail Trade (as defined) of More than 1,000 Square Feet Per Establishment	X	X	X	S	P	S	X	X	—	D	E
18. Retail Trade (as defined) of No More than 1,000 Square Feet Per Establishment	X	X	X	P	P	S	X	X	X	C	D
19. Truck and Trailer Rentals (As Principal or Accessory Use)	X	X	X	X	P	S	S	X	—	E	N
20. Truck Stops and Service Centers	X	X	X	X	P	S	S	S	—	E	M
21. Shopping Center (as defined) Of Over 200,000 Square Feet	X	X	X	S	S	S	X	X	—	D	H
22. Shopping Center (as Defined) Of up to 200,000 Square Feet	X	X	X	S	S	S	X	X	—	D	I
23. Sidewalk Cafés (as defined)	X	X	X	X	S	S	S	X	—	D	L

(E) Services.

—	AG	RR	R-1	B-1	B-4	AB	I-1	I2	CG	Buffer Class	Parking Class
1. Barber and Beauty Shops	X	X	X	P	P	S	X	X	—	C	D
2. Blue Printing and Photocopying and Printing/Publishing of No More Than 5,000 Square Feet Per Establishment	X	X	X	S	P	S	S	X	—	C	D
3. Cemetery	S	S	S	S	S	S	S	S	S	B	C
4. Churches	P	P	P	P	P	P	P	S	—	B	R
5. Civic and Charitable Organization Facilities	S	X	X	S	P	S	S	X	—	C	X
6. Coin Operated Laundries and Dry Cleaning	X	X	X	P	P	S	S	X	—	D	D
7. Contractors, Including Plumbing, Heating, Cooling, Electrical, Roofing, Water Softening, Welldrilling, Excavating, Building and House Moving (including service yard and showroom)	X	X	X	X	P	P	P	S	—	E	D
8. Data Processing	X	X	X	P	P	S	S	X	—	C	D
9. Day Care Center (as defined)	S	S	S	S	S	X	X	X	—	B	T
10. Engineering, Research, and Development Laboratories (involving fire or explosives) (as defined)	X	X	X	X	X	X	X	S	—	E	B
11. Engineering, Research and Development Laboratories (not involving fire or explosives) (as defined)	X	X	X	X	X	S	P	P	—	B	B
12. Financial Services (as defined) (not including drive-up windows)	X	X	X	P	P	P	X	X	—	D	E
13. Financial Services — Drive-Up Windows	X	X	X	X	P	P	S	X	—	D	E
14. Fire and Police Stations	P	P	P	P	P	P	P	P	—	B	B
15. Government Offices and Auto License Bureaus	S	S	S	S	P	P	F	S	—	C	D
16. Hospitals	S	X	X	X	S	X	X	X	—	B	J
17. Kennel	S	X	X	X	P	P	S	X	S	C	N
18. Landscaping (as defined)	S	X	X	X	S	P	S	X	S	C	D
19. Laundries (commercial) and Diaper Service	X	X	X	X	P	S	S	X	—	D	B
20. Libraries, Community Centers, Senior Citizens Centers and Post Offices	S	S	S	S	P	P	P	X	—	B	D
21. Medical and Dental Offices and Clinics (as defined)	X	X	X	S	P	S	S	X	—	C	D
22. Mortuary	X	X	X	X	P	S	S	X	—	D	R
23. Nursery School (as defined)	S	S	S	S	S	X	X	X	—	B	T
24. Penal or Correctional Institutions	X	X	X	X	X	X	S	S	—	B	B
25. Photographic Studio	X	X	X	P	P	S	S	X	—	C	D
26. Professional Offices (as defined)	X	X	X	P	P	S	S	X	—	C	D
27. Public Water Wells, Filtration Plants, and Storage Tanks	S	S	S	S	P	P	P	P	—	B	B
28. Repair Services (as defined)	S	X	X	P	P	P	S	X	—	C	D
29. Sanitary Landfill	S	X	X	X	X	S	S	S	—	E	B
30. School—College and University	S	X	X	X	X	S	S	S	—	B	Q
31. School—Elementary and Secondary	P	P	P	P	P	S	S	S	—	B	P
32. School—Trade, Vocational, Business, Art or Music	S	X	X	X	X	S	S	S	—	B	Q
33. Sewage Treatment Plants	S	S	S	S	S	S	P	P	—	E	B
34. Sign Painting	X	X	X	X	P	D	S	X	—	C	D
35. Tailoring and dress making	X	X	X	P	P	S	S	X	—	C	D
36. Taxidermist	X	X	X	X	P	S	S	X	—	C	D
37. Travel Bureau	X	X	X	P	P	S	S	X	—	C	D
38. Veterinary Hospital and Clinic	S	X	X	S	P	P	S	X	S	C	O
39. Welding	S	X	X	X	P	B	S	S	—	C	D
40. Woodworking, Cabinet Shop (not to include Heavy Manufacturing)	S	X	X	S	P	S	S	X	—	C	D

(F) Recreational facilities.

—	AG	RR	R-1	B-1	B-4	AB	I-1	I2	CG	Buffer Class	Parking Class
1. Amusement Park	X	X	X	X	S	S	S	X	—	D	W
2. Archery Range (indoor)	X	X	X	X	P	S	S	X	—	D	V
3. Auditorium, Coliseum, Stadiums	X	X	X	X	S	S	S	X	—	D	R
4. Billiard and Pool Establishment	X	X	X	X	P	S	S	X	—	D	U
5. Boat Rental and Storage	S	X	X	S	P	F	P	P	—	D	W
6. Bowling Alley	X	X	X	X	P	S	S	X	—	D	U
7. Campground (public and private)	S	X	X	X	S	S	S	X	—	D	A
8. Community Recreational Facility	X	X	X	S	S	X	X	X	—	D	Z
9. Dance Hall and Schools	X	X	X	X	P	S	S	X	—	D	V
10. Fairgrounds	S	X	X	X	S	S	S	X	—	A	W
11. Golf Courses and Accessory Structures	S	S	S	S	S	S	S	S	—	A	U
12. Golf and Country Clubs	S	S	S	X	S	S	S	X	—	A	X
13. Golf Drive Ranges	S	X	X	X	P	S	S	X	—	A	W
14. Hunting Preserves and Gamelands	S	X	X	X	S	S	S	S	—	A	W
15. Ice and Roller Skating Arena	X	X	X	X	P	S	S	X	—	D	V
16. Lodges, Fraternal Organizations, and Private Clubs	X	X	X	X	P	S	S	X	—	D	X
17. Miniature Golf Courses	X	X	X	X	P	S	S	X	—	D	W
18. Motorcycle Riding Trails	S	X	X	X	S	S	S	X	—	D	W
19. Museum and Art Gallery	X	X	X	X	P	S	S	X	—	D	D
20. Organizational Campground Churches, Recreational Clubs, and Similar Organizations	S	X	X	X	S	S	S	X	—	D	W
21. Race Track	X	X	X	X	S	S	S	X	—	D	R
22. Reception Halls	X	X	X	X	P	S	S	X	—	D	V
23. Riding Stables	S	X	X	X	P	P	S	X	—	D	W
24. Recreational Vehicle Park	S	X	X	X	S	S	S	X	—	D	A
25. Tennis and Racquet Clubs	X	X	X	X	P	S	S	X	—	D	U
26. Theater, Indoor	X	X	X	X	P	S	S	X	—	D	R
27. Theater, Outdoor	X	X	X	X	S	S	S	X	—	D	W
28. Shooting or Archery Range (outdoor)	X	X	X	X	S	S	S	X	—	D	W
29. Ski and Toboggan Runs	S	X	X	X	P	S	S	X	—	A	W
30. Videogame Arcade	X	X	X	P	P	X	X	X	—	D	E
31. Water Slide Park Public Swimming Area	S	X	X	S	S	X	X	X	S	D	W
32. Weight Reduction/Exercise Facility	X	X	X	X	P	P	S	X	—	D	V
33. Zoos, Botanical Gardens	S	X	X	X	S	S	S	X	—	A	W

(G) Transportation, communications, utilities.

—	AG	RR	R-1	B-1	B-4	AB	I-1	I2	CG	Buffer Class	Parking Class
1. Airport, Landing Strip and Heliport	S	X	X	X	X	S	S	S	—	A	M
2. Bridges	P	P	P	P	P	P	P	P	—	A	C
3. Bus Station/Service	X	X	X	S	P	X	X	X	—	E	Y
4. Commercial WECS	S	X	X	X	X	X	X	X	X	B	C
5. Electric Generation	S	X	X	X	S	S	S	S	—	E	C
6. Essential Services (as defined)	P	P	P	P	P	P	P	P	—	A	C
7. Large Wind System	S	X	X	X	X	S	S	S	—	B	C
8. Pipelines (Interstate)	P	P	P	P	P	P	P	P	—	A	C
9. Pipeline Pumping Stations	S	S	S	S	P	P	P	P	—	A	C
10. Radio or TV Station	X	X	X	X	P	S	S	S	—	A	B
11. Radio or TV Transmitting Tower	S	X	X	S	S	S	S	S	—	A	C
12. Railroad and Highway Right-of-way	P	P	P	P	P	P	P	P	—	A	C
13. Small or Micro Wind System	P	P	P	P	P	P	P	P	—	A	C
14. Solar Energy Conversion System	S	X	X	X	X	X	S	S	S
15. Taxi Service	X	X	X	P	P	X	X	X	—	E	C
16. Telephone Exchange	S	S	S	S	P	P	P	P	—	A	B
17. Temporary Meteorological Towers (Met Towers)	P	S	S	S	S	P	P	P	—	A	C
18. Utility Station — Main Installation	S	S	S	S	P	P	P	P	—	E	B
19. Utility Station — Substation	S	S	S	S	P	P	P	P	—	A	C
20. Wireless Facility (as defined)	P	X	X	X	S	S	S	S	P	E	C
21. Wireless Facility when Co-located (as defined)	P	P	P	P	P	P	P	P	P	E	C

(H) Wholesale trade, warehousing and storage.

—	AG	RR	R-1	B-1	B-4	AB	I-1	I2	CG	Buffer Class	Parking Class
1. Air Cargo Services	S	X	X	X	S	P	P	P	—	E	B
2. Auction Sales Yard (not involving livestock)	X	X	X	X	S	P	P	P	—	E	N
3. Bottled Gas Storage and Distribution	S	X	X	X	S	P	P	P	—	E	B
4. Bulk Fuel Yard (local distribution)	X	X	X	X	S	P	P	P	—	E	B
5. Bulk Fuel Yard (regional distribution)	X	X	X	X	X	X	X	S	—	E	B
6. Compost Facility	S	X	X	X	X	S	S	S	—	E	N
7. Freight Distributors and Terminal (truck and railroad)	X	X	X	X	S	P	P	P	P	E	B
8. Frozen Food Lockers	X	X	X	X	S	P	P	P	—	E	B
9. Greenhouse (commercial)	S	X	X	X	P	P	S	X	—	E	N
10. Highway Maintenance Garage and Storage	X	X	X	X	S	P	P	P	—	E	B
11. Junk Yard (as defined) and Scrap Metal Yard	X	X	X	X	X	X	X	S	—	E	N
12. Mini-warehouses	X	X	X	X	S	S	P	P	—	E	B
13. Moving Companies and Storage	X	X	X	X	S	S	P	P	—	E	B
14. Recycling Center or Facility	X	X	X	X	S	S	P	P	—	E	N
15. Supply Yard (as defined)	X	X	X	X	X	S	S	P	—	E	N
16. Transfer Station	S	X	X	X	X	S	S	S	—	E	N
17. Utility Company Office and Storage Yard	X	X	X	X	S	P	P	P	—	E	B
18. Warehousing — Inside (involving explosives)	X	X	X	X	X	X	X	S	—	E	B
19. Warehousing — Inside (not involving explosives)	X	X	X	X	S	P	P	P	P	E	B
20. Wholesale Distributor (as defined)	X	X	X	X	S	P	P	P	—	E	B

(I) Manufacturing.

—	AG	RR	R-1	B-1	B-4	AB	I-1	I2	CG	Buffer Class	Parking Class
1. Accessory Use Retail or Wholesale Trade Associated with a Manufacturing Use	X	X	X	X	P	P	P	P	—	E	B
2. Accessory Use Storage of Supplies or Finished Products Associated with any Permitted Manufacturing Use	X	X	X	X	P	P	P	P	—	E	B
3. Asphalt or Ready Mix Plant	X	X	X	X	X	X	X	S	—	E	B
4. Bottling Company	X	X	X	X	X	X	P	P	—	E	B
5. Concrete Batching Plants and Mixing Plants for Portland Cement or Asphaltic Concrete	X	X	X	X	X	X	X	S	—	E	B
6. Explosives Manufacturing	X	X	X	X	X	X	X	S	—	E	B
7. General Offices Associated with a Manufacturing Use (including service facilities for employees and guests)	X	X	X	X	P	P	P	P	—	E	B
8. Heavy Manufacturing (as defined)	X	X	X	X	X	X	S	P	—	E	B
9. Incineration for Reduction of Refuse	X	X	X	X	X	X	X	S	—	E	B
10. Light Manufacturing (as defined)	X	X	X	X	X	X	P	P	P	E	B
11. Manufacturing of Cement, Concrete or Clay Products	X	X	X	X	X	X	X	S	—	E	B
12. Ordnance Products (including arms and ammunition)	X	X	X	X	X	X	X	S	S	E	B
13. Petroleum Refining (including paving and roofing materials)	X	X	X	X	X	X	X	S	—	E	B
14. Printing and Publishing (including newspapers, books, periodicals, and commercial printing) of More Than 5000 Square Feet per Establishment	X	X	X	X	X	X	P	P	—	E	B
15. Sawmills and Planing Mills (as distinguished from a temporary sawmill on the property where lumbering is being done)	X	X	X	X	X	P	P	P	—	E	B

(J) Miscellaneous.

—	AG	RR	R-1	B-1	B-4	AB	I-1	I2	CG	Buffer Class	Parking Class
1. Accessory Uses and Structures (including fences)	P	P	P	P	P	P	P	P	—	NA	C
2. Adult Business (as defined)	X	X	X	X	S	S	S	S	—	D	F
3. Loading Area — In Conjunction with a permitted use	P	X	X	P	P	P	P	P	—	NA	C
4. Mobile Homes for Commercial or Industrial Purposes — when used	S	S	S	S	S	S	S	S	S	NA	B
5. Parking — In Conjunction with a permitted use	P	P	P	P	P	P	P	P	—	NA	C
6. Parking Structures or Lots (principal use)	X	X	X	X	S	S	X	X	—	D	C
7. Processing, Storage, Recycling, Recovery and Disposal of Hazardous Waste (as defined) (as principal or accessory use)	X	X	X	X	X	X	X	S	—	E	B
8. Processing, Storage, Recycling, Recovery and Disposal of Nuclear Waste (as defined) (as principal or accessory use)	X	X	X	X	X	X	X	S	—	E	B
9. Signs	P	P	P	P	P	P	P	P	—	NA	C
10. Storage of Disabled Vehicles (as defined)	X	X	X	X	X	X	X	S	—	E	C
11. Temporary Use	P	P	P	P	P	P	P	P	—	NA	Y

(Prior Code, § 153.027) (Ord. 93-02, passed 2-1-1993; Ord. 2007-03, passed 4-2-2007; Ord. 2008-02, passed 4-7-2008; Ord. 2008-08, passed 10-6-2008; Ord. 2009-04, passed 7-6-2009; Ord. 2009-17, passed 12-7-2009; Ord. 2010-01, passed 3-1-2010; Ord. 2010-10, passed 11-1-2010; Ord. 2011-11, passed 9-19-2011; Ord. 2012-10, passed 9-4-2012; Ord. 2015-08, passed 7-20-2015; Ord. 2015-16, passed 10-6- 2015; Ord. 2015-11, passed 10-6-2015; Ord. 2015-15, passed 10-19-2015; Ord. 2019-03, passed 5-7-2019; Ord. 2020-14, passed 11-16-2020; Ord. 2021-04, passed 7-19-2021; Ord. 2021-05, passed 6-21-2021)

§ 155.028 DISTRICT PERFORMANCE STANDARDS; TABLE B, TABLE B-1.

(A) District minimum lot area, lot width, minimum lot area per family; minimum front, side and rear yards; and maximum lot coverage are listed in Table B below.

(B) Where a proposed structure will eliminate more than 50% of an adjacent residential structure’s view or exposure to the sun at noon on the shortest day of the year and as measured from the main living or work area of the adjacent structure, an additional yard area and setback may be required by the Zoning Administrator as determined by Table B-1 of this chapter so that the 50% view or exposure may be obtained.

(1) Table B: District performance standards.

District	AG	RR	R-1	B-1	B-4	AB	I-1	I-2	CG
1. Minimum Lot Area (A)	—
No Central Sewage	43,560	43,560	24,000	12,000	20,000	20,000	20,000	40,000	130,680
With Central Sewage	24,000	20,000	20,000	6,000	10,000	10,000	10,000	24,000	130,680
2. Minimum Lot Width (B)	—	—	—	—	—	—	—	—	—
No Central Sewage	150	150	100	80	80	80	80	150	80
With Central Sewage	100	100	80	50	70	70	70	100	70
3. Minimum Lot Area Per Family (A)	—								—
No Central Sewage	43,560	43,560	24,000	12,000	20,000	20,000	NA	NA	NA
With Central Sewage	24,000	20,000	20,000	6,000	10,000	10,000	NA	NA	NA
4. Maximum Lot Coverage (C)	10 or 30*	30	40	80	80	50	50	50	50
5. Minimum Front Yard (B)	50	50	45	25	25	40	40	40	40
6. Minimum Rear Yard (B)	25	25	20	20	20	25	25	25	25
7. Minimum Side Yard (B)	20	20	15	15	15	20	20	20	20
Notes to Table: (A)—Square Feet (B)—Feet (C)—Percent * 30% only applies to residential used properties that are less than one acre on preexisting properties established before 10/2017

(2) Table B-1: Additional area and setback.

(Prior Code, § 153.0 28) (Ord. 93-02, passed 2-1-1993; Ord. 2017-12, passed 10-2-2017)

§ 155.029 SUPPLEMENTAL LOT REGULATIONS.

Except as hereafter provided, no building or structure shall be erected or located on a lot unless such lot conforms with the lot area regulations in the district in which it is located as shown in § 155.028.

(A) Lots of record, or lots sold by verifiable land contract, prior to the passage of this chapter may be smaller in area than the figure prescribed provided all other regulations of the district can be met.

(B) Except as provided by division (C) below, no improvement location permit may be issued for a structure or use on any lot created after the adoption of this provision which does not have 40 feet of frontage on an open, public accepted and maintained street, or a private street, which meets the private street standards of the Subdivision Control Ordinance. Except as provided by division (C) below, no improvement location permit may be issued for a structure or use on any lot created prior to the adoption of this provision which does not have frontage on an opened, public accepted and maintained street, or a private street, which meets the private street standards of the Subdivision Control Ordinance.

(C) (1) To achieve more creative planning and preservation of natural property features, pipestem lots are permitted; provided they have exclusive unobstructed private easement of access of at least 20 feet width to a road.

(2) However, two pipestem lots with no more than one dwelling on each lot may share a common easement of access of at least 24 feet width. The area of a pipestem lot occupied solely by the pipestem driveway or easement shall not be deemed to be a part of the required minimum lot area.

(D) There may be more than one principal building, on a lot provided all regulations of the district can be met. In addition, there shall be a minimum distance of 15 feet between residential structures and a minimum distance of 25 feet between commercial or industrial structures.

(Prior Code, § 153.029) (Ord. 93-02, passed 2-1-1993) Penalty, see § 155.999

§ 155.030 SUPPLEMENTAL YARD REGULATIONS; TABLE C.

No portion of a principal or accessory structure or use, including garages, porches, steps, carports, and decks, shall project into any minimum front, side, or rear yard as shown on Table B and Table B-1 in § 155.028, except as provided below.

(A) An architectural or structural feature such as an eave, chimney, bay window, roof overhang, cornice, sill, awning, canopy, or similar feature may extend or project into any required yard not more than two feet.

(B) An uncovered porch, landing, deck, or steps (except for safety railings) which do not extend above the level of the first floor of the building, a fire escape, or uncovered stairs may extend or project into any required yard no more than four feet. Structures approved by this division (B) may not be later enclosed or extended above first floor level except by Board of Zoning Appeals approval.

(C) An accessory structure, as defined, shall not be located in the front yard nor located closer than five feet to the side or rear lot line.

(D) (1) Accessory uses, as defined, and the following yard improvements are not subject to setback regulations and are permitted in any required front, side, or rear yard; provided they do not violate other sections of this chapter: fences; gazebos; flagpoles; arbors and trellis; outdoor barbecues; walks; driveways; parking spaces; decorative driveway entrance features; curbs; retaining walls; utility installations for local service such as pole, lines, hydrants and telephone booths; lattice work screens; trees; shrubs; flowers and plants; gardens; mail boxes; nameplates; ponds; lamp posts; recreational equipment; bird baths and houses; dog houses; children’s play houses; bushes; hedges; and landscaping of a similar nature.

(2) This section does not include accessory structures, as defined, except for those listed above.

(E) Air conditioners rated at 24,000 BTU or less shall not be so placed hereafter so as to discharge air within five feet of lot lines, and those rated over 24,000 BTU so as to discharge air within 12 feet of lot lines, except where the air conditioners are separated from lot lines either by projections of buildings or by streets, alleys, or permanent open space at least 20 feet in minimum dimensions.

(F) Principal and accessory structures on lots which abut more than one street shall provide the required front yards along every street. Lots which abut a driveway or other easement of access which serves as a principal means of access for one or more lots must also meet front yard setbacks along said easement.

(G) On corner lots, lot width requirements need to be met along only one street right-of-way; provided § 153.030 is met.

(H) Where 25% or more of the lots within a block or for a distance within 350 feet of the proposed building on the same side of the street if not within a block are occupied by buildings, the average setbacks of the buildings determines the front yard setbacks, however, if there is not any other building within the block or within 350 feet in either direction, then the standard setback for the district shall apply.

(I) Front yard or building setback lines established in recorded subdivisions establish the dimension of front yards in such subdivisions, except when such building setback lines may be less restrictive as provided in the applicable district.

(J) No yard, open space, or lot area required for a building or structure shall, during its life, be occupied by, or counted as open space for, any other building or structure.

(K) (1) On a corner lot, nothing shall be erected, placed, planted, parked, or allowed to grow in such a manner as to materially impede vision between a tight of two and one-half feet and ten feet above the centerline grades of the intersecting streets in the area bounded by the street right-of-way of such corner lots and a line joining points along the street lines 15 feet from the point of intersection.

(2) This requirement shall also apply at the entrance to access drives which lead to commercial or industrial developments.

(3) In addition to regular setback (yard) requirements for structures, a bufferyard (as defined) shall be provided and maintained by the owner or lessee of a property in accordance with this section.

(a) BUFFERYARDS are the horizontal distance adjacent to side and rear property lines, measured perpendicularly between adjacent property lines and/or right-of-way lines, intended to provide attractive spaces to reduce the impacts of proposed uses on adjacent property or natural features.

(b) Bufferyards also help to maintain existing trees or natural vegetation to block or reduce noise, glare, or other emissions, and to maintain privacy. Bufferyards are required between most land uses on adjacent properties in order to reduce the impact of one use on another. Generally, more intensive uses require greater amounts of buffering than less intensive uses.

(c) This section applies only to changes of use, the construction of a principal structure on a lot, or the expansion of any existing principal structure by 50% or more.

(4) (a) Bufferyards, where required, shall be located along side and rear property lines.

(b) In the I-1 or I-2 Districts, bufferyards shall also be required along the front property line when adjacent to or facing a residential district.

(c) On lots which abut a street along more than one property line, the site plan shall designate which property line shall be considered the front, and bufferyards shall be provided along all other lines.

(d) Bufferyards shall have the necessary widths and planting and fencing material as required in this section.

(5) To determine the required widths and materials of bufferyards, the following procedure shall be used:

(a) Identify the Bufferyard Classification (Buffer Class A, B, C, D, or E) of the proposed use and/or structure by referring to Table A in § 155.027.

(b) Identify the Bufferyard Classification (Buffer Class A, B, C, D, or E) of an existing adjacent use be referring to Table A of this chapter. For vacant land and for existing, adjacent uses, non- conforming to the zoning district in which it is located, refer to the Zone Map for the district classification of the land and/or use.

2. Go down the left hand column to the bufferyard classification of the proposed use and then go across the matrix either to the adjacent existing bufferyards classification, or the adjacent vacant land (Zoning District) and refer to the Roman Numeral (I, II, III, IV, or V) in the corresponding box which indicates the buffering type.

(d) 1. Refer to the bufferyard type in Illustrations I through V below.

2. Any one of the alternative bufferyards may be selected.

(6) Table C: Required bufferyards.

Bufferyard Classification	Adjacent Existing Bufferyards Classification					Adjacent Vacant Land (Zoning District)
—	A	B	C	D	E	AG	RR—R-1	B-1—B-4	I-1—I-2
A	X	X	X	X	X	X	X	X	X
B	V	I	II	III	IV	II	III	V	V
C	V	IV	I	II	III	IV	III	IV	IV
D	V	IV	III	I	II	V	IV	I	I
E	V	IV	III	II	I	V	V	I	II
Notes to Table: X — No bufferyard required

(7) The following additional standards apply to bufferyards.

(a) All bufferyards shall be maintained and kept free of debris, rubbish, weeds, and tall grass.

(b) There shall be no structures, outdoor storage, or parking and loading facilities in bufferyards, except for agricultural or residential uses.

(c) Where setback area is limited, bufferyards may be coterminous with the required front, side, or rear setback areas, but in case of conflict, the larger yard area regulation shall apply.

(d) All plants shall be planted within one year of the improvement location permit issuance or within six months of project completion, whichever is shorter, and all plants shall be properly maintained. Any plants which do not live or are destroyed shall be promptly replaced.

(e) Deciduous trees shall be a minimum of six feet in height when planted. Deciduous shrubs shall be a minimum of two feet in height when planted.

(f) Evergreens shall be a minimum of four feet in height when planted.

(g) Berms shall be a minimum of four feet in height.

(h) Fencing shall be at least six feet in height and subject to all regulations hereof.

(i) Flowering trees and shrubs shall be encouraged in bufferyards.

(8) Screening (as defined) shall be required if the site cannot accommodate the bufferyard classification as shown in Table C, Class IV, and/or V. On any parcel of land where there is an existing use or structure, the Zoning Administrator may waive all, or part of, the required bufferyard if it is physically impossible to locate the required bufferyard due to non-conforming lot size, existing structure, or parking lot location, or other similar reasons.

(L) Canopies for an automobile service station, drive-in bank, drive-in restaurant, or similar use where outside pedestrian activity is necessary may be constructed to the property line; provided that the canopy is at least 12 feet in height and no more than 25% of the required front and side yard area is covered by the canopy.

(M) When an accessory structure is attached to a principal structure by a breezeway or roofed passageway, the accessory structure shall be deemed to be part of the principal structure and shall maintain principal structure yard requirements. This section does not apply to accessory structures which exist on the effective date of this chapter and any subsequent attachment to the principal structure or the existing accessory structure.

(N) An existing mobile home or manufactured home which does not meet setback requirements may be replaced provided the replacement mobile home does not encroach into the required setback area to any extent greater than the existing home.

(Prior Code, § 153.030) (Ord. 93-02, passed 2-1-1993; Ord. 2011-1, passed 2-22-2011)

§ 155.031 GENERAL PROVISIONS AND EXCEPTIONS TO HEIGHT REGULATIONS.

No principal structure in any district may be constructed, reconstructed, altered, or enlarged which exceeds 35 feet in height above average ground level. One-story primary structures may not have accessory structures that exceed 16 feet in height. Two-story or taller primary structures may not have accessory structures that exceed 24 feet in height.

(A) The following structures may exceed normal height requirements; provided their total height does not exceed their distance from the nearest lot line:

(1) Structures such as barns, silos, tanks, bins, and windmills located in the Agricultural District;

(2) Communication structures, such as wireless towers (as defined), radio and television and relay stations and receiving stations, and aerials and observation towers; and

(3) Industrial uses such as gas and liquid fertilizer tanks, sanitary landfills, power generating plants, sub-stations, smoke-stacks, grain elevators, and other agricultural product processing and storage facilities, and industries requiring a vertical production procedure, such as flour mills, steel mills, and refineries;

(4) Architectural projections, such as spires, belfries, parapet walls, cupolas, and domes;

(5) Special structures such as monuments, scenery lofts, fire towers, and flagpoles; and

(6) Wind energy conversion systems (as defined).

(B) Public and semi-private buildings, hospitals and institutions, schools, and churches (excluding the spire) may be erected to a height of 60 feet; provided their total height does not exceed their distance from the nearest lot line.

(C) Auxiliary structures attached to a building such as radio and television antennae, chimneys, ventilation fans, and similar mechanical appurtenances, or other structures necessary to maintain and operate a building may exceed normal height requirements; provided the building is setback from the minimum yard distances one additional foot for each foot of height above the maximum height limitations. If the auxiliary structure is erected at a later time than the building to which it is attached, the auxiliary structure, rather than the building, must be so located that the provisions of this division (C) can be met.

(D) Essential services, utilities, water towers, electric power and communication transmission lines, and vegetation are exempt from the height limitations of this chapter.

(E) The above height exception shall not apply when the structure constitutes a hazard to an existing airport or landing strip and to electric power transmission lines.

(F) The Board of Zoning Appeals may authorize a variance to this regulation for any principal or accessory structure in any district; provided division (E) above is met.

(Prior Code, § 153.031) (Ord. 93-02, passed 2-1-1993; Ord. 2009-04, passed 7-6-2009; Ord. 2015-16, passed 10-19-2015; Ord. 2015-12, passed 10-19-2015; Ord. 2020-14, passed 11-16-2020)

§ 155.032 OFF-STREET PARKING AND LOADING; TABLES D, E, F, AND G.

Off-street parking and loading spaces shall be provided as required below.

(A) Off-street parking and loading shall be provided for all uses established or structures built after the effective date of this chapter in accordance with the specifications of this section.

(1) Whenever a land use that was started or a structure that was built after the effective date of this chapter is changed in use or is enlarged in floor area, number of employees, number of dwelling units, seating capacity, or otherwise, to create a need for an increase in the number of existing parking or loading spaces, additional spaces shall be provided on the basis of the enlargement or change.

(2) Whenever a land use or structure existing prior to the effective date of this chapter is changed in use or is enlarged to the extent of 25% or more in floor area, number of employees, number of housing units, seating capacity, or otherwise, to create a need for an increase in the number of existing parking or loading spaces, the use or structure shall then and thereafter comply with all parking and loading standards set forth in this section.

(B) The number of parking spaces shall be as specified in Table D below based upon the parking classification of the use listed in Table A (Parking Class A through Z).

(1) For a use not specified in Table D below, the parking space requirement shall be determined by the Zoning Administrator. When the number of parking spaces are to be determined by the Zoning Administrator, the Zoning Administrator shall base his or her decision on the parking needs of similar uses in Table D below, on expected traffic volume, and on past parking experiences of existing similar uses.

(2) (a) When parking spaces are based upon the number of employees in Table D below, the number shall be the number of employees of the largest shift except where noted.

(b) Table D: Required parking.

Parking Classification (From Table A)	Number of Parking Spaces
A	2 per dwelling unit or pad or campsite plus 1 per home occupation
B	2 per 3 employees of the 2 expected maximum shifts combined, plus 1 per visitor/customer space for each 20 required employee spaces with a minimum of 4
C	No parking required, provided there are no employees at the site (if there are employees, there must be 1 space per employee.)
D	3 per 1,000 square feet of gross floor area
E	5 per 1,000 square feet of gross floor area
F	6 per 1,000 square feet of gross floor area
G	10 per 1,000 square feet of gross floor area
H	5.25 per 1,000 square feet of leasable floor area
I	5.5 per 1,000 square feet of leasable floor area
J	1 per 3 beds or residents, plus 1 per employee
K	1 per 2 occupants, plus 1 per employee
L	1 per 4 customer seats, plus 1 per employee
M	2 per service stall or airplane parking space plus 1 per employee
N	1.25 per 1,000 square feet of land and building area used for business
O	8 per doctor, 5 per dentist, 3 per veterinarian
P	1 per 15 elementary students and 1 per 4 secondary students
Q	5 per 10 students expected to attend at any one time
R	1 per 3 seats in each auditorium, chapel room or grandstand
S	1 per guest room, plus 1 per employee
T	1 per 10 children on the maximum shift, plus 1 per employee on the maximum shift
U	2 per table, 3 per hole, 4 per court, 5 per alley
V	1 per 3 persons based upon maximum occupancy, plus 1 per employee
W	1 per 500 square feet of use area plus 1 per 3 employees
X	1 per 3 members
Y	As specified by the Zoning Administrator at the time of permit issuance
Z	The cumulative parking total of all component recreational activities from this table or 1 space per member family and employee, whichever is more and/or applicable

(3) When the application of Table D above results in a fraction of parking spaces, the number of spaces shall be rounded upward to the next highest round number.

(4) In addition to all parking space requirements of Table D above, there shall be a minimum number of parking spaces as specified by the Zoning Administrator for all trucks, buses, and other company vehicles and special equipment to be parked and/or offered for sale on the site.

(5) In addition to the required parking spaces, there shall be adequate utility lanes for service stations; truck stops; drive-in banks, car washes, and fast food restaurants, telephones; film processing; and other businesses with drive-up windows and facilities.

(6) Two or more non-residential uses may collectively provide the required off-street parking in which case the required number of parking spaces shall be not less than the sum of the requirements for the several individual uses computed separately. Two or more uses may also jointly share the same spaces provided their hours of operation do not normally overlap and a written agreement is filed with the Zoning Administrator and approved by the County Attorney.

(7) Parking spaces may be located on a lot other than that containing the principal use with the approval of the Zoning Administrator, provided a written agreement, approved by the County Attorney, shall be filed with the application for an improvement location permit, containing a guarantee that such parking spaces shall be available so long as the principal use is continued.

(8) Parking requirements may be waived by the Zoning Administrator for uses in a block in which 50% or more of the area is occupied by business or industrial structures.

(9) Motorcycle parking spaces may be substituted for the off-street parking requirement at the rate of two motorcycle spaces per off-street parking space. This applies to lots having two or more parking spaces and may be used to replace a maximum of two parking spaces.

(C) All parking areas and spaces shall be designed, constructed, and maintained in accordance with the following minimum standards.

(1) No design shall be approved which is likely to create substantial traffic hazards endangering the public safety. Additional safety provisions may be required by the Zoning Administrator and/or the State Highway Commission. The developer shall be responsible for the construction of any such traffic control devices or safety provisions.

(2) No design shall allow the backing of any vehicle onto any street.

(3) In order to achieve better traffic control, eliminate runoff, and alter the impression created by a continual parking area, landscape areas shall be provided within all parking lots. At least 5% of the parking area shall be landscaped and such landscaping shall be in addition to all bufferyards required by this chapter.

(4) All parking spaces shall be maintained in good condition without holes and shall be kept free of all trash and other debris.

(5) (a) All parking areas shall have parking spaces of no less than the minimum width, and minimum length, and access lanes of minimum width, as indicated in Table E below.

(b) Table E: Parking area standards.

Angle of Parking (degrees)	Stall Width (feet)	Length (feet)	Drive, Two-Way (feet)	Drive, One-Way (feet) 1/
61-90	91	18	24	18
46-60	91	18	22	15
0-45	8-1/2	18	22	12
Parallel	81	22	22	12
Notes to Table: 1/—For purposes of measurement, drives with parking on one side only shall be considered as one-way drives.

(D) In addition to the above requirements, whenever 20 or more off-street parking spaces are required, the parking area and space shall be designed, constructed, and maintained in accordance with the following minimum standards.

(1) All parking spaces and access lanes shall be clearly marked, including directional arrows to guide internal movements. The markings shall be maintained.

(2) Bumper stops, curbing, or wheel chocks shall be provided to prevent any vehicle from damaging or encroaching upon any required sidewalk or upon any property adjacent to the parking area.

(3) Handicapped parking spaces and facilities shall be provided as required in the American National Standards Institute publication ANSI 1171-1980, as amended or superseded.

(4) Up to 20% of the required parking spaces may be designated compact spaces of at least eight by 16 feet.

(5) The interior circulation of traffic in parking areas shall be designed so that no drive-way or access lane providing parking spaces, shall be used as a through street.

(6) (a) Any establishment which furnishes carts or mobile baskets as an adjunct to shopping shall provide defined areas within the required parking space areas for storage of said carts.

(b) Each designated storage area shall be clearly marked for storage of shopping carts.

(7) In addition to the landscape requirements as specified in division (C) above and the buffering requirements as specified in § 155.030, the following minimum standards shall apply.

(a) At least a portion of the landscape area shall be placed within the interior of the parking area. This may be in the form of a strip planted with trees, or shrubs and grass, including a pedestrian walk between parking aisles, or it may be islands appropriately spaced, raised, curbed, and planted.

(b) Landscape islands shall be provided at the end of each row of parking spaces to clearly define lane and turning patterns.

(E) (1) The number of required off-street loading spaces for commercial, industrial, and institutional uses is specified in Table F below.

(2) Table F: Required loading.

Use Classification	Gross Floor Area (square feet)	Number of Spaces
Office buildings, banks, hotels, auditoriums, retail trade, shopping centers, hospitals, institutions, services, recreational facilities, multi-family dwellings, and similar uses	8,000—60,000	1
	60,001—100,000	2
	For each additional 100,000 above 100,000	1
Manufacturing, wholesale trade, warehousing, storage, and similar uses	8,000—25,000	1
	25,001—60,000	2
	60,001—100,000	3
	For each additional 50,000 over 100,000	1

(3) Uses and structures with a net floor area of less than 8,000 square feet shall provide adequate receiving facilities so as not to obstruct the free movement of pedestrians and vehicles over a sidewalk, street or alley.

(4) Where the required number of loading spaces is not set forth for a particular use in Table F above, the Zoning Administrator shall determine the basis of the number of spaces to be provided, based upon the loading space requirements of similar uses.

(5) All off-street loading areas shall not be less than 15 feet wide, 25 feet long, and 15 feet high, except that where one such loading space has been provided, any additional loading space lying alongside, contiguous to, and not separated from such first loading space need not be wider than 12 feet.

(6) Where a given use or structure contains a combination of uses as set forth in Table F above, loading facilities shall be provided on the basis of the sum of the required spaces for each use.

(7) All required off-street loading spaces shall be located at the same lot as the use served, except, where required spaces are provided cooperatively for two or more uses, subject to arrangements that will assure the permanent availability of such spaces to the satisfaction of the Zoning Administrator.

(8) No required off-street loading area shall be used to satisfy the space requirement for any off-street parking, and no loading area shall be so located as to interfere with the free circulation of vehicles in any off-street parking area.

(9) All off-street loading space shall be provided with safe and convenient access to a street and shall be provided only through driveway openings as specified in division (G) below.

(10) No motor vehicle repair work, except emergency service shall be permitted in association with any required off-street loading facility.

(11) In addition to the required loading spaces, a driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading passengers shall be located on the site of any school, church or other facility which is designed to accommodate more than 25 persons at one time.

(F) The following additional standards apply to off-street parking with more than 20 spaces and all off-street loading areas:

(1) All parking and loading area drainage shall be designed and built in accordance with the Drainage Plan.

(2) All parking and loading areas shall be surfaced so as to provide a durable and dustless surface (as defined).

(3) All parking and loading areas and driveways shall be provided with a safe and adequate lighting system which shall be completely shielded from traffic on any public right-of-way and from any residential district.

(4) Developments which have parking and loading and driveways in excess of 40,000 square feet shall contain snow storage areas.

(5) All parking and loading areas shall be maintained in good condition without holes and shall be kept free of all trash and other debris.

(6) (a) In addition to bufferyards required by this chapter, a parking or loading area shall be effectively screened by a fence or planted material on any side or rear property lines which are adjacent to, or face, any existing residential property.

(b) The fence shall be opaque and not less than four feet, nor more than six feet, in height. The planted screen shall consist of densely planted evergreen hedge not less than four feet, nor more than six feet, in height. All screens shall be maintained in good condition.

(7) All parking and loading spaces except for residential and agricultural uses and any required screens shall not be located in a required front yard area.

(G) Clearly defined driveways shall be provided for ingress and egress from all off-street parking and loading areas. Driveways shall be located and constructed according to the standards as shown in Table G below or such standards as established by the State Highway Commission, if access is onto a state highway.

(1) Table G: Driveway access.

Driveway Standard	Residential Property	Service Station/Truck Terminal	Other Non- Residential
Maximum Width at Property Line	25 feet	40 feet	35 feet
Maximum Radius of Curb Return	15 feet	20 feet	20 feet
Minimum Distance from Interior Lot Line	5 feet	11-1/2 feet	12-1/2 feet
Minimum Distance from Street Intersection	30 feet	30 feet	30 feet
Minimum Radius of Curb Return	5 feet	5 feet	5 feet
Minimum Width at Property Line	12 feet	20 feet	18 feet
Space Between Two Drives/Same Property	25 feet	25 feet	25 feet

(2) The number of driveways for a required parking area from any street shall not exceed two per adjacent street. A common driveway may be provided between adjacent properties in order to meet this requirement.

(3) (a) Driveways contiguous to the front of commercial structures shall include a 12-foot, painted fire lane which must be marked with the words “No Parking Fire Lane” in white letters and a stripe of at least four inches in width, in conformance with the Indiana Manual on Uniform Traffic Control Devices, in addition to other requirements of this section.

(b) If the Fire Chief having jurisdiction of the structure has stricter standards, then they shall apply in lieu of the above.

(Prior Code, § 153.032) (Ord. 93-02, passed 2-1-1993; Ord. 2007-13, passed 12-3-2007)

§ 155.033 PERFORMANCE STANDARDS.

(A) All uses, except agricultural and forestry uses, shall comply with the requirements of this section.

(B) In order to determine whether a proposed use will conform to the requirements of this chapter, the county may obtain a qualified consultant to testify, whose cost for service shall be borne by the applicant.

(1) Fire protection. Fire prevention and fighting equipment acceptable to the State Fire Marshal shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.

(2) Noise. Noise which is determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled, except fire sirens and related apparatus used solely for public purposes shall be exempt from this requirement.

(3) Electrical disturbances. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.

(4) Vibrations. Vibrations detectable without instrument on neighboring property in any district shall be prohibited.

(5) Odors. No malodorous gas or matter shall be permitted which is discernable on any adjoining lot or property.

(6) Air pollution. No pollution of air by fly ash, dust, smoke, vapors, or other substances shall be permitted which is harmful to health, animals, vegetation, or other property.

(7) Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.

(8) Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties. Erosion control measures must meet applicable standards set forth herein.

(9) Water pollution. Water pollution shall be subject to the standards established by applicable State and Federal agencies.

(10) Design release.

(a) If an application for an improvement location permit relates to a commercial or industrial use, it must be accompanied by a design release, subscribed by a registered professional engineer of the state, stating that, in his or her professional judgment, the use should meet the performance standards specified herein.

(b) After a ten-day period has elapsed during which the Zoning Administrator has not required additional information or received objections in writing, he or she shall issue the permit.

(Prior Code, § 153.033) (Ord. 93-02, passed 2-1-1993) Penalty, see § 155.999

§ 155.034 SUPPLEMENTAL ENVIRONMENTAL REGULATIONS.

No land shall be used, or structure erected, where the land is unsuitable for such use or structure due to unfavorable topography, adverse soil or rock formation, erosion susceptibility, low percolation rate or bearing strength, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of the county. In addition, the following standards must be met.

(A) Existing features which would add value to residential development or natural or human-made assets of the county such as trees, streams, vistas, lakes, historical landmarks, and similar irreplaceable assets, shall be preserved through harmonious and careful design.

(B) No alteration of the shore line or bed of a public lake or river shall be made until written approval is obtained from the State Department of Natural Resources, and the provisions hereof and other applicable regulations of this chapter are complied with. Alterations include, among other things: filling of the lake, river, or wetlands; the construction of channels and seawalls; dredging of the lake or riverbed; and ditch excavation within one-half mile of a lake.

(C) All development must be in compliance with applicable sections of I.C. Title 13 , as amended, as it relates to Air Pollution Control and Water Pollution Control.

(D) Debris and refuse shall not accumulate on any property, in any zoning district.

(E) Bricks, concrete, lumber, and other material used for fill where permitted by this chapter and/or by the Board of Health, DNR or other governmental agency, shall be promptly covered and seeded.

(F) No waste materials, such as garbage, rubbish, gasoline, oil, flammables, soils, tars, chemicals, greases, industrial, or agricultural waste, or any other material of such nature, quantity, obnoxiousous, toxicity, or temperature so as to contaminate, pollute, or harm the waters shall be deposited, located, stored, or discharged on any lot in a way that would be likely to runoff, seep, or wash into surface or groundwaters.

(G) Any part or portion of the site which is not used for structures, loading, or parking spaces, sidewalks, and designated storage areas shall be landscaped or left in a natural state. If landscaped, they shall be planted with an all-season ground cover and shall be landscaped with trees and shrubs in accordance with the development plan and/or improvement location permit application and shall be in keeping with natural surroundings. Any areas left in a natural state shall be properly maintained in a sightly and well kept condition.

(H) The following activities are permitted with no improvement location permit required; provided all other applicable standards are met:

(1) Normal excavation for structural foundation, driveways, utility installations, and similar preparation activities;

(2) Normal plowing and working of land for gardens and yards;

(3) Normal trimming and/or removal of trees and shrubs for maintenance and/or site preparation;

(4) Earth movements related to farming and other agricultural activity, including sod farming;

(5) Public and private road construction;

(6) Drain tile laying and ditch cleaning;

(7) Top soil removal, other than mineral extraction (as defined); and/or

(8) Forest management activities such as timber harvesting and timber stand improvement, including sawmills on property where the lumbering is being done.

(Prior Code, § 153.034) (Ord. 93-02, passed 2-1-1993)

§ 155.035 SUBDIVISION OF LAND.

In accordance with I.C. 36-7-4-701 , subdivision of land may occur in any zoning district provided that all applicable standards of this chapter and the Subdivision Control Ordinance are met.

(Prior Code, § 153.035) (Ord. 93-02, passed 2-1-1993)

§ 155.036 DENSITY TRANSFER OPTION.

The density transfer option is available in AG, RR, and R-1 Zoning Districts to establish a mechanism for cooperation between the county and land developers in providing open space and recreational lands in developing areas of the county.

(A) Criteria for use. This option shall only be permitted if one of the following two conditions are met:

(1) The County Park Board must determine that there is a need for public recreational land in the area proposed for development, and must agree to maintain the property if it is dedicated to the county; or

(2) Private maintenance provisions must be incorporated into the land development proposal.

(B) Minimum lot size. The minimum lot size permitted when utilizing the density transfer option shall be as stipulated in Table B in § 155.028, with the following criteria being utilized to govern the reduction of lot sizes from that which is normally permitted:

(1) Land with 0-25% slope receives full credit toward the reduction of lot sizes;

(2) Land with a slope of 25% or greater receives half-credit toward the reduction of lot sizes; and

(3) Land in flood zone areas receives half-credit toward the reduction of lot sizes.

(C) Sketch plan. Upon submittal of a sketch plan, as required by the County Subdivision Control Ordinance an advisory meeting shall be scheduled with the Planning Director to review the plan and discuss the possibility of utilizing the density transfer option. If the option is utilized, the preliminary and final plats of the subdivision shall accurately delineate slopes exceeding 25%, flood prone areas, and any other natural land feature that may influence building locations. Finally, that portion of the site which would be dedicated to the county otherwise protected shall be clearly delineated.

(D) Health Department approval. Any plan for development of property not served by a sewer system shall be required to have the State and County Health Department approval for suitability and adequacy of lots for septic systems.

(Prior Code, § 153.036) (Ord. 93-02, passed 2-1-1993)

§ 155.037 DRAINAGE AND EROSION CONTROL REGULATIONS.

It shall be the responsibility of the owner of any lot or parcel of land developed for any use, other than those listed in § 155.034, to obtain an improvement location permit from the office of the Zoning Administrator. If the site has significant potential for drainage and erosion problems as determined by the Administrator, or in consultation with the County Soil and Water Conservation District representative, then the issuance of this permit shall include the review and approval of a drainage and/or erosion control plan, as specified in this section, unless provision for drainage and erosion control has been handled under the Subdivision Control Ordinance.

(A) If required, an erosion control plan must be submitted as a part of an improvement location permit application. In addition to the information required herein, an erosion control plan must be submitted detailing measures to be implemented during and after construction on a form provided by the Zoning Administrator, or County Soil and Water Conservation District and approved by the Soil and Water Conservation District.

(B) All general development must comply with 327 I.A.C. 15-5-2. In addition, a notice of intent must be submitted and a permit received from the State Department of Environmental Management prior to issuance of an improvement location permit, if one of the following applies:

(1) If an individual home construction will disturb five acres or more;

(2) If commercial or industrial construction will disturb one acre or more based upon a lot size of one acre or more; or

(3) All strip development, unless the total combined disturbance on all individual lots, is less than one acre and is not part of a larger common plan of development and sale.

(C) Land to be developed shall be designed and improved as far as practical in conformity to existing topography in order to minimize stormwater runoff, and conserve the natural cover and soil. Whenever possible, existing natural surface drainage may be utilized. To the maximum extent, there shall be no increased peak discharge or runoff rates as a result of the development unless downstream systems are sufficient to accept the discharge.

(D) Whenever the evidence available indicates that the natural surface drainage is inadequate, the owner shall provide the parcel with an adequate surface water system which shall be integrated into the drainage pattern of surrounding properties. When additional surface drainage is required, adequate easement for such drainage shall be provided.

(E) On site detention storage of stormwater shall be required where necessary as determined by the Administrator, or in conjunction with a County Soil Conservation District representative in order to prevent damage to adjoining properties.

(F) As required, a drainage plan must be submitted as a part of an improvement location permit. In addition to the information required herein, the Drainage Plan must include the following information:

(1) Existing and proposed grading showing positive drainage by contouring or sufficient spot elevations;

(2) Location of all existing or proposed swales, ditches, culverts, drainage channels, surface and subsurface drainage devices, and the direction of flow;

(3) Illustration of the surface drainage pattern of the site away from structures;

(4) Final distribution of surface water off-site, either preventing or planning for surface ponding;

(5) Demonstration of capability of accommodating the ten-year design rainfall intensity, or a rainfall of greater intensity, without endangering the public safety and health, or causing significant damage to property;

(6) A certificate of sufficiency that resembles the format as shown on the following page shall be submitted along with the plans; and

(7) Detention storage facilities, if required, shall submit the following additional information:

(a) Plans for storage of and a controlled release rate of excess stormwater with adequate detention storage to ensure that the release rate of stormwater following and during developments, redevelopments, and new construction shall not exceed the stormwater runoff from the land in its present state of development (present state of development means state of development as of January 1, 1993); and

(b) Detailed computations to show that peak rate following and during construction shall not exceed the stormwater runoff rate in its present state of development.

1. The computations must indicate that runoff will not be increased and must include computations of runoff before and after development.

2. The computations must demonstrate that the peak runoff rate after development for the 100-year return storm of critical duration will not exceed the ten-year period predevelopment peak runoff rate.

3. The critical duration storm is that storm duration that requires the greatest detention storage.

(G) (1) Drainage swales (ditches) along dedicated roadways and within the right-of-way or on dedicated drainage easements are not to be altered, except for maintenance, as originally constructed and as approved by the County Highway Department.

(2) Driveways or other approved structures may be constructed over these as permitted by the County Highway Department, with adequate provision for the flow of surface drainage.

(H) No permanent structures other than a fence may be erected, and, if erected in violation of this section, no such structure may be used if the location is within 75 feet of the center line of any legal tile ditch, or within 75 feet of the existing top edge of any legal open ditch or as determined by the County Surveyor.

(I) No cut or fill grade shall exceed a slope of three to one ratio or 33-1/3%. This provision shall apply to all cuts and fills exceeding 100 square feet in exposed surface areas, including cuts or fills on land naturally exceeding a three to one ratio in slope.

(J) (1) All lands, regardless of their slope, from which structures, or natural cover have been removed or otherwise destroyed, shall be appropriately graded or seeded within a reasonable time of such activity.

(2) The phrase “a reasonable time” shall be interpreted to be within two weeks during the growing season and shall be rigidly applied to construction activities in order to accomplish the intent of keeping erosion to an absolute minimum.

(3) Temporary vegetation or mulching shall be used to protect exposed areas during development.

(K) All drainage and erosion control systems must be safe to persons and maintained at all times. All land disturbing activities on site should be conducted in a logical sequence so that the smallest practical area of land will be exposed for the shortest practical period of time.

(Prior Code, § 153.037) (Ord. 93-02, passed 2-1-1993; Ord. 2009-19, passed 12-7-2009)