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Jasper County Unincorporated
City Zoning Code

20.50 Development

Standards

20.50.010 Introduction.

All structures, buildings, land uses, land use changes, structural alterations, structural relocations, demolitions, structural additions, and structural enlargements that are constructed, created, established, or occur after the effective date of this Unified Development Code (except as may otherwise be provided within this Unified Development Code) are subject to all development standards and regulations for the applicable zoning district. [Ord. 12-27-11 § 5.01.]

20.50.020 How to use this chapter.

This chapter contains the development standards for each zoning district. There are two ways to determine which development standards apply to a specific zoning district. They are:

A. Blue Boxes. Refer to the sections in Chapter 20.20 JCC, Zoning Districts, for a specific zoning district. In the “Additional Development Standards That Apply” table for that specific zoning district are listed four-digit codes that determine which development standards apply. Only the development standards referenced by the four-digit codes listed in the “Additional Development Standards That Apply” section apply to that zoning district.

[Example: Following JCC 20.20.060, “Additional Development Standards That Apply” shows the four-digit code “AS-01”. Therefore, the development standards in the section labeled “AS-01” (in JCC 20.50.040 and 20.50.050) would apply to the conservation agricultural (A1) zoning district.]

B. District Icons. Refer to the icons used at the top of each development standard section in this chapter. Each development standard section begins with a four-digit code and introductory sentence followed by one or more icons with zoning district abbreviations (e.g., R1 for the low density single-family residential zoning district). These zoning district icons note that the development standard written in that section applies to that zoning district.

[Example: The R1 icon can be found under JCC 20.50.070 AS-04 – Single-family and low intensity multiple-family residential accessory structure standards. Therefore, the language in the AS-04 section would apply to the R1 R1 zoning district.] [Ord. 12-27-11 § 5.02.]

20.50.030 Icon key.

CO Conservation District

PR Parks and Recreation District

A1 Conservation Agricultural District

A2 General Agricultural District

A3 Intense Agricultural District

A4 Agricultural Business District

R1 Low Density Single-Family Residential District

R2 Medium Density Single-Family Residential District

VR Village Residential District

M1 Low Intensity Multiple-Family Residential District

M2 Multiple-Family Residential District

MP Manufactured Home Park District

IS Institutional District

LB Local Business District

GC General Commercial District

HC Highway Commercial District

CP Commerce Park District

I1 Low Intensity Industrial District

I2 High Intensity Industrial District

HI High Impact District [Ord. 12-27-11 § 5.03.]

20.50.035 AD-01 – Accessory dwelling standards.

This accessory dwelling standards (AD-01) section applies to the following zoning districts:

A1 A2 R1 R2

The following standards shall apply:

A. Purpose. The purpose of allowing accessory dwellings is to maximize public infrastructure investment; increase mobility alternatives; provide housing options for family members, students, aging residents, in-home health care providers, the disabled, and others; to promote affordable workforce housing; and to allow homeowners to benefit from added income and an increased sense of security. For purposes of this section, a short-term rental does not qualify as an accessory dwelling.

B. Structure Standards.

1. Area. Minimum area shall be two hundred twenty (220) square feet. Maximum area shall be eight hundred (800) square feet. In no case shall the accessory structure be larger than the ground floor area of the primary single-family residential structure.

2. Height. Maximum height of a detached accessory dwelling shall be twenty-five (25) feet or the height of the primary single-family residential structure, whichever is least.

3. Accessory Structures. An accessory dwelling shall not be permitted to have its own accessory structures.

4. Address. Properties with an approved accessory dwelling shall maintain a single physical address with separate “unit” number associated with each of the units in accordance with the rules of the applicable Post Master. At the time of approval, new unit addresses will be assigned and established on the property. The primary structure will be “Unit 100” and the accessory dwelling unit will be “Unit 101,” regardless of which unit the property owner occupies. The Zoning Administrator must approve any deviations from the unit addressing above. The Zoning Administrator will ensure that the address change is sent to the property entities for review and approval before being published.

5. Architectural and Building Materials. Architectural style, form, materials, and colors shall match or be compatible with the style and form of the primary dwelling unit in residential districts (R1 and R2).

6. Quantity. No more than one (1) accessory dwelling shall be permitted per primary dwelling unit.

7. Types of Structures Permitted. Accessory dwelling units shall only be allowed in lawfully built dwelling units that meet building code requirements. The following shall not be considered or used as accessory dwelling units: recreational vehicle, travel trailer, camper, motor vehicle, or any structure not designed for permanent human occupancy.

C. Use and Operation Standards.

1. Location. The accessory dwelling unit shall only be allowed on lots where an existing, lawfully constructed single-family dwelling unit exists. The accessory dwelling may be attached (connected to primary structure with separate entrance) or detached from the primary single-family dwelling unit.

a. The accessory dwelling shall be permitted only if the primary dwelling unit is an existing, owner-occupied, single-family dwelling.

b. The accessory dwelling shall not be under separate ownership from the primary structure.

D. Development Standards.

1. Access. The accessory dwelling shall utilize an existing, permitted driveway that serves the primary dwelling; it shall not be granted a separate driveway from any public right-of-way.

2. Location. A detached accessory dwelling must be located behind the front facade of the primary residential structure, in either the side yard or the rear yard and must be within one hundred (100) feet of the primary structure.

3. Parking and Loading. Additional on-site parking is not required for an accessory dwelling unit. However, if parking is required for the existing dwelling unit, that parking must either be retained or replaced on site.

4. Utilities. The accessory dwelling shall have water and sewage disposal that is approved by the Jasper County Health Department or available sanitary service provider as appropriate. The Health Department shall approve connections or modifications to the existing septic system that may be needed to accommodate the accessory dwelling.

5. Zoning District Standards. All other development standards of the subject zoning district shall apply.

E. Procedures. An ILP is required to construct and/or establish an accessory dwelling in order to ensure that the structure meets all of the applicable building codes and is safe and habitable. [Ord. 12-02-24 § 40.]

20.50.040 AS-01 – General accessory structure standards.

This accessory structure standards (AS) section applies to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 M2 MP IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Permit Required. An improvement location permit is required for the construction of any accessory structure greater than 200 square feet in size.

B. Zoning District Standards. A permitted accessory structure shall comply with all development standards for the applicable zoning district.

C. Placement. Detached garages, barns, storage sheds, and the like shall not be installed directly between a primary structure and an adjacent street.

D. Prohibited for Occupancy. A permitted accessory structure shall not be utilized for human occupancy.

E. Swimming Pools. Swimming pools shall be subject to both the Unified Development Code and 675 IAC 20. [Ord. 12-27-11 § 5.04.]

20.50.050 AS-02 – Open space, parks, and agricultural accessory structure standards.

This accessory structure standards (AS) section applies to the following zoning districts:
CO PR A1 A2 A3

The following standards shall apply:

A. Permitted Types. Accessory structures shall relate to the primary use of the lot or the district’s permitted uses. For example, a barn, silo, stable, detached garage, fruit/vegetable stand, swimming pools, storage shed, gazebo, or semi-tractor trailer used for fertilizer, pesticide, herbicide or fungicide storage if located on a concrete pad.

B. Prohibited Types. A mobile home dwelling, trailer dwelling, school bus, motor coach, bus, motor home, recreational vehicle, boat, motor vehicle, trailer, or any part or section of an item on this list or the like shall not be used as an accessory structure.

C. Timing of Installation or Construction. An accessory structure may be installed or built on a lot prior to the construction of the primary structure or without the existence of a primary structure.

D. Accessory Structures without Primary Structures. Accessory structures are permitted on a property when the lot area is at least five (5) acres.

E. Maximum Number. No limit.

F. Maximum Size. No limit. [Ord. 12-27-11 § 5.05.]

20.50.060 AS-03 – Reserved.

[Ord. 3-7-16A § 1; Ord. 12-27-11 § 5.06.]

20.50.070 AS-04 – Single-family and low intensity multiple-family residential accessory structure standards.

This accessory structure standards (AS) section applies to the following zoning districts:
R1 R2 VR M1

The following standards shall apply:

A. Permitted Types. Accessory structures shall relate to the primary use of the lot. For example, a detached garage, swimming pools, storage shed or gazebo.

B. Timing of Installation. Accessory structures shall not be permitted prior to the erection of a primary structure. However, they may be built and completed simultaneously.

C. Maximum Number. Up to two (2) accessory structures (not including pools, decks and open-sided gazebos) shall be permitted on a lot. However, only one (1) of the accessory structures shall be a detached garage.

D. Prohibited Types. Reserved.

E. Maximum Size. The total area of all enclosed accessory structures on a lot shall not exceed fifty percent (50%) of the footprint of the primary structure. [Ord. 12-02-24 § 41; Ord. 3-7-16A § 1; Ord. 12-27-11 § 5.07.]

20.50.080 AS-05 – Multiple-family accessory structure standards.

This accessory structure standards (AS) section applies to the following zoning district:
M2

The following standards shall apply:

A. Permitted Types. Accessory structures shall relate to the primary use of the lot. For example a management office, sales office, clubhouse, swimming pool, sport courts, carports, storage facility, laundry facility, or other structures customarily incidental to a multiple-family development.

B. Timing of Installation. A sales office, management office, clubhouse, and swimming pool may be constructed prior to a primary structure. All other types of accessory structures shall be permitted to be constructed concurrent to the erection of the primary structure to which it relates.

C. Maximum Number. Up to two (2) accessory structures are permitted per primary structure (i.e., multiple-family building) on the lot.

D. Appearance. The exterior finish and facade of any enclosed accessory structure over 400 square feet in area shall match, closely resemble or significantly complement:

1. Materials. The finish and facade materials used on the primary structure;

2. Roof. The dominant roof pitch and roof style of the primary structure; and

3. Color. The color choices of similar exterior materials on the primary structure;

4. Off-Site Visibility. The accessory structure shall present no visible evidence of its nature to areas outside the development. [Ord. 12-27-11 § 5.08.]

20.50.090 AS-06 – Manufactured home park accessory structure standards.

This accessory structure standards (AS) section applies to the following zoning district:
MP

The following standards shall apply:

A. Permitted Types.

1. Common Area. Accessory structures shall relate to the primary use of the lot. Accessory structures may include a sales office, management office, caretaker’s residence, clubhouse, swimming pool, storm shelter, sport court, storage facility, laundry facility, or other “community” structures that are incidental to a manufactured home park.

2. Dwelling Sites. Accessory structures shall relate to the primary use of the dwelling site. Accessory structures may include a carport, detached garage, or storage shed.

B. Timing of Installation.

1. Common Area. A sales office, management office, caretaker’s residence, clubhouse, swimming pool and storm shelter may be constructed prior to the first primary structure is installed. All other types of accessory structures may be permitted to be constructed or installed concurrent to the installation of the primary structure to which it relates.

2. Dwelling Sites. Accessory structures shall not be permitted on a dwelling site prior to the installation of a primary structure.

C. Maximum Number.

1. Common Area. Up to four (4) accessory structures are permitted in developments with fewer than eighty (80) dwelling sites. For each additional forty (40) dwelling sites, an additional one (1) accessory structure is permitted.

2. Dwelling Sites. Up to two (2) accessory structures are permitted on each dwelling site. Any carport, storage shed, or detached garage, whether connected to the primary structure or not, shall be considered an accessory structure.

D. Appearance. Reserved.

E. Maximum Size.

1. Common Area. The total area of all enclosed accessory structures in the common area shall not exceed three thousand (3,000) square feet.

2. Dwelling Sites. The total area of all enclosed accessory structures on an individual dwelling site shall not exceed twenty-five percent (25%) of the dwelling site or six hundred (600) square feet, whichever is less. [Ord. 12-02-24 § 42; Ord. 12-27-11 § 5.09.]

20.50.100 AS-07 – Nonresidential accessory structure standards.

This accessory structure standards (AS) section applies to the following zoning districts:
A4 IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Permitted Types. Accessory structures shall relate to the primary use of the lot and be solely used in connection with the primary use. For example, a storage building.

B. Timing of Installation. Accessory structures shall not be permitted prior to the erection of a primary structure. However, they may be built and completed simultaneously.

C. Appearance. Reserved. [Ord. 12-02-24 § 43; Ord. 12-27-11 § 5.10.]

20.50.110 AR-01 – Reserved.

[Ord. 3-7-16A § 1; Ord. 12-27-11 § 5.11.]

20.50.120 AR-02 – Reserved.

[Ord. 12-27-11 § 5.12.]

20.50.130 AR-03 – Reserved.

[Ord. 12-27-11 § 5.13.]

20.50.140 AR-04 – Commercial architectural standards.

This architectural standards (AR) section applies to the following districts:
A4 LB GC HC CP

The following standards shall apply:

A. Facade.

1. Front Facade. The front facade shall face the public or private street to which the business gains primary access, except as described as follows:

a. Corner Lots. On corner lots, the front facade may face either street.

2. Other Facades. Any facade that faces a public or private street shall be finished to a standard similar to the architectural quality of the front facade, including: building materials, architectural detail, windows, or faux windows. Long facades (thirty (30) feet or greater) or large areas (four hundred twenty (420) square feet) of a facade without visual relief shall not be permitted.

B. Site Planning and Layout. Reserved.

C. Entries. A building greater than fifteen thousand (15,000) square feet shall have clearly defined, highly visible customer entrances. [Ord. 12-02-24 § 46; Ord. 12-27-11 § 5.14.]

20.50.150 AR-05 – Institutional architectural standards.

This architectural standards (AR) section applies to the following district:
IS

The following standards shall apply:

A. Sprinkler System. A building shall not have more than two (2) stories above ground. However, taller buildings may be permitted if a sprinkler system is installed and if the Fire Department with jurisdiction provides a written letter indicating the maximum height in which they can comfortably suppress a fire. This section shall not supersede the applicable maximum structure height. [Ord. 12-27-11 § 5.15.]

20.50.155 AH-01 – Auction house standards.

This auction house standards section applies to the following zoning districts:
GC HC I1

The following standards shall apply:

A. Operational Standards.

1. All business activity shall be conducted entirely indoors and within an enclosed space.

2. No retail sales are permitted.

3. Days of permitted operation are limited to Friday evenings, Saturdays, and Sundays.

B. Access Standards. Access to the facility shall be via a paved driveway. [Ord. 12-02-24 § 47.]

20.50.160 CF-01 – Confined feeding standards.

This confined feeding standards (CF) section applies to the following district:
A1

The following standards shall apply:

A. Applicability. The development standards in this section apply to the following improvements.

1. New Confined Feeding Operation. Any new confined feeding operation as may be permitted in Chapter 20.20 JCC, Zoning Districts, for the subject zoning district as a permitted or special exception use.

2. Use Variance. Any new confined feeding level 1 approved as a use variance in any zoning district.

3. Expansion of a Confined Feeding Operation. Any existing confined feeding operation that:

a. Expands an existing building or constructs an additional building to house animals; or

b. Increases its number of animals by twenty-five percent (25%), but less than fifty percent (50%), based on the number of animals approved on the IDEM permit or by Jasper County, whichever is less.

B. Minimum Setback. The minimum setback shall be 1,000 feet measured from any building, structure, storage area or maneuvering area of the confined feeding operation to the property line of neighboring properties.

1. Exception. The minimum setback shall only be 500 feet when measured to a property zoned as an A3 district, and the setback standards do not apply to an on-site residence of the confined feeding operator or manager. If a residence does exist on site, it shall meet the zoning district’s setback standards.

2. Property in Common Ownership. Contiguous lots owned by the owner of the confined feeding operation shall be considered one (1) lot for the purposes of meeting the minimum setback requirements. A stream, road, or railroad that separates commonly owned properties shall not negate contiguity. When contiguous lots are used to meet the minimum setback standards, the following provisions apply to the subject site (i.e., the actual lot on which the confined feeding operation is located):

a. Setback from a Road. The minimum front setback shall be 200 feet measured from any building, structure, storage area, or maneuvering area of the confined feeding operation to a public right-of-way.

b. Setback to a Property Line. The minimum side and rear setback shall be 100 feet measured from any building, structure, storage area or maneuvering area of the confined feeding operation to a side or rear property line.

3. Loss of Entitlement. If contiguous land used to meet the setback requirement is thereafter sold or transferred to any other person or entity, the confined feeding operation requiring such setback shall be in violation of this zoning ordinance and shall be terminated.

C. On-Site Maneuvering. The driveway, parking, turn around and loading areas that serve the confined feeding operation shall meet these requirements:

1. Driveway Minimum Width. The minimum width of the driveway (i.e., the driveway cuts between the property line and the edge of pavement) shall be twenty-four (24) feet. The driveway shall include, on each side, a twelve (12) foot radius flare, or similar flare, at the intersection of the driveway and the pavement edge.

2. On-Site Parking and Maneuvering. All large vehicles that serve the operation shall have sufficient area on site to park, turn around, maneuver and unload.

3. Driveway and Maneuvering Surface. The driveway, parking, turn around, and loading areas shall be paved or graveled. Under all circumstances, the driveway shall be paved from the edge of pavement of the road for a minimum distance of twenty (20) feet and shall meet Jasper County Highway Department specifications for County roadways.

D. Animal Mortalities. Animal mortalities are subject to the following standards.

1. Disallowed Methods. Animal landfills are not permitted.

2. Time Limit for Disposal. The carcass of each animal that dies at the confined feeding use shall be disposed of or moved to a holding facility within twenty-four (24) hours of the time that the death of the animal is known.

3. Allowed Methods. Animal carcasses may be disposed of on site in a manner allowed by State law by burial (with each part of the animal carcass placed at least four (4) feet beneath the top surface of the soil), incineration, composting or rendering. Transporting animal mortalities to an off-site incinerator, composting facility, or rendering plant is also permissible.

4. Storage for Removal to Off-Site Facility. All animal mortalities shall be stored in a generally leak-proof container or containment facility, and be fully enclosed with an opaque fence (i.e., privacy fence) at least six (6) feet in height with a gate to gain access.

5. Frequency of Removal. All animal mortalities shall be removed from the site frequently to assure the on-site storage container or containment facility does not exceed its designed capacity, or cause significant odor at any point along the property line with adjacent lots.

E. Road Capacity. The capacity of roads used by the confined feeding facility shall be sufficient to safely and efficiently accept vehicular traffic generated by or necessitated by the operation.

F. Complying with Pollution Regulations. The confined feeding operation shall comply with all applicable State and Federal air and water pollution control regulations and shall comply with all storm water drainage requirements of Jasper County.

G. Complying with Animal Waste Disposal Regulations. The confined feeding operation shall comply with all applicable State and Federal regulations for the handling and disposal of animal waste.

H. Inspection. Confined feeding facilities are subject to periodic inspection by the Zoning Administrator to assure that Jasper County zoning ordinance’s required standards are being met.

I. Poultry Manure Handling. All confined feeding facilities for chickens or turkeys shall use a dry manure handling system.

J. Number of Animal Types. Only one (1) kind of animal shall be permitted in a confined feeding operation on a single lot.

K. See new CF-03 for manure application standards that apply. [Ord. 6-6-16B § 1; Ord. 12-27-11 § 5.16.]

20.50.170 CF-02 – Intense confined feeding standards.

This confined feeding standards (CF) section applies to the following district:
A3

The following standards shall apply:

A. Applicability. The development standards in this section apply to the following improvements.

1. New Confined Feeding Operation. Any new confined feeding operation as may be permitted in Chapter 20.20 JCC, Zoning Districts, for the subject zoning district as a permitted or special exception use.

2. Use Variance. Any new confined feeding level 2 or confined feeding level 3 approved as a use variance in any zoning district.

3. Expansion of a Confined Feeding Operation. Any existing confined feeding operation that:

a. Expands an existing building or constructs an additional building to house animals; or

b. Increases its number of animals by twenty-five percent (25%), but less than fifty percent (50%), based on the number of animals approved on the IDEM permit or by Jasper County, whichever is less.

B. Minimum Buffer Area. The minimum buffer area shall be one thousand three hundred twenty (1,320) feet as measured from the foundation of any building, structure, or storage area of the confined feeding operation to the dwelling, if any, of neighboring properties.

1. Minimum Setback. The minimum setback to a property line and a road shall be five hundred (500) feet measured from any building, structure, or storage area of the confined feeding operation to the property line of neighboring properties. The minimum setback shall be only three hundred (300) feet if the neighboring property is zoned as an A-1 district.

2. Property in Common Ownership. Contiguous lots owned by the owner of the confined feeding operation shall be considered one (1) lot for the purposes of meeting the minimum setback requirements. A stream, road, or railroad that separates commonly owned properties shall not negate contiguity. When contiguous lots are used to meet the minimum setback standards the following provisions apply to the subject site (i.e., the actual lot on which the confined feeding operation is located):

a. Setback from a Road. The minimum front setback shall be three hundred (300) feet measured from any building, structure, or storage area of the confined feeding operation to a public right-of-way.

b. Setback to a Property Line. The minimum side and rear setback shall be one hundred (100) feet measured from any building, structure, or storage area of the confined feeding operation to a side or rear property line.

3. Loss of Entitlement. If contiguous land used to meet the setback requirement is thereafter sold or transferred to any other person or entity, the confined feeding operation requiring such setback shall be in violation of this zoning code and shall be terminated.

C. On-Site Maneuvering. The driveway, parking, turn around and loading areas that serve the confined feeding operation shall meet these requirements:

1. Driveway Minimum Width. The minimum width of the driveway (i.e., the driveway cut between the property line and the edge of pavement) shall be twenty-six (26) feet. The driveway shall include, on each side, a twelve (12) foot radius flare, or similar flare, at the intersection of the driveway and the pavement edge.

2. On-Site Parking and Maneuvering. All large vehicles that serve the operation shall have sufficient area on site to park, turn around, maneuver and unload.

3. Driveway and Maneuvering Surface. The driveway, parking, turn around, and loading areas shall be paved or graveled. Under all circumstances, the driveway shall be paved from the edge of pavement of the road for a minimum distance of forty (40) feet and shall meet Jasper County Highway Department specifications for County roadways.

D. Road Capacity. The capacity of roads used by such confined feeding facility shall be sufficient to safely and efficiently accept vehicular traffic generated by or necessitated by the operation. The Jasper County Highway Department shall recommend a primary route for heavy trucks to protect the County roads from truck damage, subject to the approval of the Jasper County Commissioners. The owner and operator of such confined feeding operation shall be responsible for improving all or portions of the roads (as directed from time to time by the Jasper County Commissioners) on the primary route between such confined feeding use and the nearest State highway identified by the Jasper County Commissioners as needing improvement to serve the transportation needs of such use and the protection of the roads of the County. The improvements shall meet engineering standards of the Jasper County Highway Department.

E. Animal Mortalities. Animal mortalities are subject to the following standards.

1. Disallowed Methods. Animal landfills are not permitted.

2. Time Limit for Disposal. The carcass of each animal that dies at the confined feeding use shall be disposed of or moved to a holding facility within twenty-four (24) hours of the time that the death of the animal is known.

3. Allowed Methods. Animal carcasses may be disposed of on site in a manner allowed by State law by burial (with each part of the animal carcass placed at least four (4) feet beneath the top surface of the soil), incineration, composting or rendering. Transporting animal mortalities to an off-site incinerator, composting facility, or rendering plant is also permissible.

4. Storage for Removal to Off-Site Facility. All animal mortalities shall be stored in a generally leak-proof container or containment facility, and be fully enclosed with an opaque fence (i.e., privacy fence) at least six (6) feet in height with a gate to gain access.

5. Frequency of Removal. All animal mortalities shall be removed from the site frequently to assure the on-site storage container or containment facility does not exceed its designed capacity, or cause significant odor at any point along the property line with adjacent lots.

F. Complying with Pollution Regulations. The confined feeding operation shall comply with all applicable State and Federal air and water pollution control regulations and shall comply with all storm water drainage requirements of Jasper County.

G. Complying with Animal Waste Disposal Regulations. The confined feeding operation shall comply with all applicable State and Federal regulations for the handling and disposal of animal waste.

H. Inspection. Confined feeding facilities are subject to periodic inspection by the Zoning Administrator to assure that Jasper County zoning ordinance’s required standards are being met.

I. Poultry Manure Handling. All confined feeding facilities for chickens or turkeys shall use a dry manure handling system.

J. Number of Animal Types. Only one (1) kind of animal shall be permitted in a confined feeding operation on a single lot.

K. Anaerobic Digesters. Each confined feeding use that exceeds the threshold of one thousand (1,000) beef cattle or dairy cattle (defined as an animal exceeding 600 pounds) as part of an expansion or upon initial establishment shall be required to install and utilize an anaerobic digester.

L. Shelterbelt Requirements. Each confined feeding level 3 use shall be required to install and maintain a shelterbelt.

1. Required Trees. The shelterbelt shall consist of the following types of trees planted in the following manner:

Type of Tree

Number of Trees to Be Planted

Where Planted in Relation to Other Trees

Canopy tree (tall deciduous tree)

One tree for every 40 feet of shelterbelt distance

30 feet from any other canopy tree, 30 feet from any ornamental tree or evergreen tree, and 15 feet from any understory tree

Understory or ornamental deciduous tree

One tree for every 70 feet of shelterbelt distance

30 feet from any canopy tree, 15 feet from any other ornamental tree or understory tree, and 15 feet from any evergreen tree

Evergreen tree

One tree for every 50 feet of shelterbelt distance

30 feet from any canopy tree, 30 feet from any ornamental tree or understory tree, and 10 feet from any other evergreen tree

2. Tree Specifications. Deciduous trees used shall be at least six (6) feet in height when planted. Evergreen trees shall be at least four (4) feet in height. Existing trees shall count toward this requirement when their size and location fulfill the intent of this requirement.

3. Replacement of Trees. A tree that dies shall be replaced within six (6) months; however, trees only need to be replaced after ten percent (10%) of the cumulative trees have been lost, and shall only be required to be maintained at the ninety percent (90%) level.

4. Location. The shelterbelt shall be located at least fifty (50) feet outside the area used for the confined feeding operation (i.e., including areas used for animal confinement, feed storage, manure storage, and animal mortalities storage). It shall also be contained fully within the property line of the subject lot where the confined feeding operation is carried out (i.e., not on adjacent lots of common ownership).

5. Intense Use Exemption. If a property line is contiguous with another confined feeding operation, land zoned as an A3 district, or zoned as an I2 district or HI district, the shelterbelt requirement to buffer that neighboring property would not be required.

6. Large Buffer Exemption.

a. If the owner of the confined feeding operation maintains a buffer of adjacent land at least 1,320 feet between the confined feeding operation and any other nonowned land zoned as an A1 district, A4 district, PR district, or CO district, then the shelterbelt for buffering those parcels shall not be required; and

b. If the owner of the confined feeding operation maintains a buffer of adjacent land at least 2,640 feet between the confined feeding operation and any other nonowned land zoned as an A2 district, commercial districts, or I1 district, then the shelterbelt for buffering those parcels shall not be required.

7. Shelterbelts between Roads. When a road is at least 750 feet from the confined feeding operation, the shelterbelt’s required trees may be reduced by one-half (½).

8. Loss of Entitlement. If land used to achieve the “large buffer exemption” is thereafter sold or transferred to any other person or entity, the confined feeding operation shall be in violation of this zoning code and shall be terminated, or the shelterbelt shall be installed.

M. See new CF-03 for manure application standards that apply. [Ord. 12-3-18A § 1; Ord. 6-6-16B § 1; Ord. 3-7-16A § 1; Ord. 12-27-11 § 5.17.]

20.50.180 CF-03 – Confined feeding standards.

This confined feeding standards (CF) section applies to the following districts:
A1 A3

The following standards shall apply:

A. Applicability. The development standards in this section apply to the following:

1. Existing Confined Feeding Operation. Any existing confined feeding operation.

2. New Confined Feeding Operation. Any new confined feeding operation as may be permitted in Chapter 20.20 JCC, Zoning Districts, for the subject zoning district as a permitted or special exception use.

3. Use Variance. Any new confined feeding level 1, level 2, or level 3 approved as a use variance in any zoning district.

4. Expansion of a Confined Feeding Operation. Any existing confined feeding operation that:

a. Expands an existing building or constructs an additional building to house animals; or

b. Increases its number of animals by twenty-five percent (25%), but less than fifty percent (50%), based on the number of animals approved on the IDEM permit or by Jasper County, whichever is less.

B. Manure Application Activities. Manure application activities shall be in accordance with 327 IAC 19-14-4. In addition, any manure to be applied shall be incorporated into the soil within forty-eight (48) hours. [Ord. 6-6-16B § 1; Ord. 12-27-11 § 5.18.]

20.50.190 DI-01 – Reserved.

[Ord. 12-27-11 § 5.19.]

20.50.200 DW-01 – General driveway standards.

This driveway standards (DW) section applies to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 M2 MP IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Cross Reference.

1. Street Classification. All classification of streets shall be based on the Jasper County thoroughfare plan as found and maintained in the Jasper County Comprehensive Plan.

2. State Department of Transportation. Indiana Department of Transportation permit may apply.

3. County Highway Department. Jasper County Highway Department permit may apply.

B. Permits. A driveway permit shall be required for all driveway cuts onto public streets. State Department of Transportation permits do not override local approvals. Therefore, any driveway access from a State highway shall also require a driveway permit as well prior to construction.

C. Qualification as a Driveway. Any access facility used to convey motor vehicles, construction equipment, or farm equipment from a lot to a public street shall be considered a driveway except as described:

1. Public Right-of-Way. Any access way that is established on public right-of-way shall be considered a public street and regulated as such.

2. Access to Undeveloped Land. Any access way to fields, natural areas, and forested areas shall not be regulated as a driveway or public street.

D. Measurement Rules.

1. Between Driveways and Street Intersection. The distances shall be determined by measuring from the intersection right-of-way line to the edge of pavement of the driveway.

2. Between Multiple Driveways. The distances shall be determined by measuring from the edge of pavement to the edge of pavement (whichever is less) of each driveway.

3. Driveway Width. The distances shall be determined by measuring from the edge of pavement to the edge of pavement of each driveway at the proposed right-of-way line.

E. Paving to the Road. Under all circumstances, hard surface driveways shall be paved all the way to the edge of the public street’s pavement, across the right-of-way. However, this requirement does not apply when the public street is gravel or similarly unimproved. It shall also not apply when the driveway is not a hard surface.

F. Positioning. The centerline of two (2) driveways accessing an arterial street from opposite sides of the street shall align with one another, be within ten (10) feet of being aligned, or shall meet the minimum spacing requirements.

G. Clear Vision of Driveways. All driveways shall be located to reasonably prevent collisions with intersecting traffic. The following requirements apply in order to provide clear vision of the areas where driveways gain access to public streets:

1. Speed Limits Thirty (30) MPH or Less. Driveways gaining access to streets with a posted speed limit of thirty (30) mph or less shall be located such that they are visible by a driver for at least one hundred (100) feet after cresting a hill, rounding a curve, or passing any other physical barriers that prevent clear vision.

2. Speed Limits Thirty-five (35) to Forty-five (45) MPH. Driveways gaining access to streets with a posted speed limit of thirty-five (35) mph to forty-five (45) mph shall be located such that they are visible by a driver for at least one hundred seventy-five (175) feet after cresting a hill, rounding a curve, or passing any other physical barriers that prevent clear vision.

3. Speed Limits Fifty (50) MPH or Higher. Driveways gaining access to streets with a posted speed limit of fifty (50) mph or higher shall be located such that they are visible by a driver for at least two hundred fifty (250) feet after cresting a hill, rounding a curve, or passing any other physical barriers that prevent clear vision.

4. Discretion to Assure Safe Ingress and Egress. The Highway Superintendent or Zoning Administrator may deny a proposed driveway location or require additional separation due to other safety concerns, including but not limited to: width of the public street, condition of the public street, lack of shoulder, natural or manmade hazards, adverse shadowing from natural or manmade features, and adverse drainage on or around the public street.

H. Discretion for Requiring Public Improvements. The Highway Superintendent may require public improvements such as acceleration lanes, deceleration lanes, passing blisters, wider shoulders or approaches, frontage streets, or other improvements. For technical advice and to gain access to engineering standards, the Highway Superintendent may consult with other County staff or officials, a consulting engineer, engineering manuals or publications, qualified staff from other municipalities, or Indiana Department of Transportation personnel. This discretion shall only be exercised when public health and safety are clearly at risk according to qualified opinion, professional opinion, or published opinion. Generally, this provision is intended to apply to commercial, industrial, institutional, and dense residential development.

I. Long Driveways. Any driveway greater than two hundred fifty (250) feet shall meet the following standards:

1. Turn-around. A loop or turn-around designed for a vehicle at least thirty (30) feet in length shall be constructed at or near the end of the driveway closest to the primary structure.

2. Weight Bearing. The driveway surface, culverts, and bridges that the driveway crosses shall be constructed to safely convey a thirty thousand (30,000) pound vehicle using gross vehicle weight.

3. Turning Radius. The driveway shall not have any curve or turn that restricts a thirty (30) foot long vehicle from gaining access to the primary structure without having to leave the driveway’s surface; a minimum forty-five (45) foot turning radius.

4. Free of Obstacles. The driveway shall not have tree trunks, tree canopies, sculpture, arches or other natural or architectural features that would restrict a forty-five (45) foot long vehicle that is twelve (12) feet in height from being able to utilize the driveway from the public street to the turn around near the primary structure.

J. Access to Public Roadways. Residential access to public roadways requires the driveway to be part of the building lot. Access is not permitted to a public roadway through an access easement. [Ord. 12-02-24 § 49; Ord. 3-7-16A § 1; Ord. 12-27-11 § 5.20.]

20.50.210 DW-02 – Agricultural driveway standards.

This driveway standards (DW) section applies to the following zoning districts:
A1 A2 A3

The following standards shall apply:

A. Separation.

1. From a Street Intersection. No single driveway shall be permitted to be installed within 100 feet of any intersecting street (see “A” in the following illustration).

2. From Another Driveway. A new driveway shall not be permitted to be installed within sixty (60) feet of another driveway (see “B” in the following illustration). However, driveways may be shared or located directly across from one another.

B. Width. No driveway shall exceed forty (40) feet in width or be less than eleven (11) feet in width.

C. Materials. Asphalt, concrete, other nonporous materials, or gravel shall be acceptable driveway surface materials.

D. Distance to Property Line. All driveways shall be at least ten (10) feet from the side property line. [Ord. 12-27-11 § 5.21.]

20.50.220 DW-03 – Single-family residential driveway standards.

This driveway standards (DW) section applies to the following zoning districts:
R1 R2 VR

The following standards shall apply:

A. Separation.

1. From a Street Intersection. No single driveway shall be permitted to be installed:

a. Within 150 feet of any intersecting street if access is along an arterial or collector street (see “A” in the following illustration).

b. Within 100 feet of any intersecting street if access is along a local street (see “A” in the following illustration).

c. If the parcel is not large enough to achieve the required separation, then the driveway shall be installed at a location farthest from the intersection.

d. Under no circumstances shall a driveway be allowed within sixty (60) feet of any intersection.

2. From Another Driveway. A new driveway shall not be permitted to be installed:

a. Within 100 feet of one another if access is along an arterial (see “B” in the following illustration).

b. Within fifty (50) feet of one another if access is along a collector street (see “B” in the following illustration).

c. Within fifteen (15) feet of one another if access is along a local street (see “B” in the following illustration).

B. Width. No driveway shall exceed the following widths.

1. Onto an Arterial or Collector Street. Minimum of eleven (11) feet and a maximum of twenty-two (22) feet.

2. Onto a Local Street. Minimum of ten (10) feet and a maximum of twenty (20) feet.

C. Materials. All driveways shall consist of asphalt, concrete or other nonporous material approved by the Zoning Administrator.

D. Distance to Property Line. All driveways shall be at least three (3) feet from the side property line. [Ord. 12-27-11 § 5.22.]

20.50.230 DW-04 – Agricultural commercial, multiple-family residential, and nonresidential driveway standards.

This driveway standards (DW) section applies to the following zoning districts:
A4 M1 M2 IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Separation.

1. From a Street Intersection. No single driveway shall be permitted to be installed:

a. Within 150 feet of any intersecting street if access is along an arterial or collector street (see “A” in the following illustration).

b. Within 100 feet of any intersecting street if access is along a local street (see “A” in the following illustration).

c. If the parcel is not large enough to achieve the required separation, then the driveway shall be installed at a location farthest from the intersection.

d. Under no circumstances shall a driveway be allowed within sixty (60) feet of any intersection.

2. From Another Driveway. A new driveway shall not be permitted to be installed:

a. Within 100 feet of one another if access is along an arterial or collector street (see “B” in the following illustration).

b. Within forty-five (45) feet of one another if access is along a local street (see “B” in the following illustration).

B. Width. No driveway shall exceed the following widths.

1. Nonresidential Use Onto Arterial or Collector. Maximum of ten and one-half (10½) feet per lane with a maximum overall width of thirty-one and one-half (31½) feet.

2. Nonresidential Use Onto Local Street. Ten (10) feet per lane, with a maximum overall width of thirty (30) feet.

3. Multiple-Family Use Onto Any Street. Ten (10) feet per driving lane, with a maximum overall width of twenty (20) feet.

C. Materials. All driveways shall consist of asphalt, concrete or other nonporous material approved by the Zoning Administrator.

D. Distance to Property Line. All driveways shall be at least three (3) feet from the side property line.

E. Turn-Around. Any driveway with access to a State road or highway shall have an on-site means for turning around vehicles. [Ord. 12-27-11 § 5.23.]

20.50.240 DW-05 – Reserved.

[Ord. 12-27-11 § 5.24.]

20.50.250 EN-01 – Environmental standards.

This environmental standards (EN) section applies to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 M2 MP IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Cross Reference. JCC 20.50.830 through 20.50.850 , storage tank standards.

B. Prohibitive Geology. A lot or portions thereof shall be unsuitable for structures when it contains any of the characteristics listed as follows. Structures may be permitted if an engineered site plan is submitted and approved by the Technical Advisory Committee. Such engineered site plan shall show and commit to adequate measures for erosion control; minimum site disturbance; soil stability for structural load; storm water management; aesthetic treatment of engineered structures; and final landscaping.

1. Slope. Pre-development or post-development slopes greater than twenty-five percent (25%).

2. Rock. Adverse rock formations.

3. Soil. Adverse soils.

4. Stability Limitations.

a. Has a low loading rate;

b. Has a low weight-bearing strength; or

c. Has any other feature which will significantly accelerate the deterioration of a structure or significantly reduce the structure’s stability.

C. Air Quality. No use shall discharge fly ash, dust, smoke, vapors, noxious toxic or corrosive matter, or other air pollutants in such concentration as to conflict with public air quality standards or be detrimental to humans, animals, vegetation, or property, except as may be allowed by open burning laws in Jasper County and the State of Indiana.

D. Soil and Water Quality.

1. Erosion Control.

a. Project Applicability. While the following standards apply to all development projects, those that involve the disturbance of one (1) acre or more of land shall be required to submit an erosion and sediment control plan and obtain a Rule 5 permit from the local soil and water conservation office.

b. Off-Site. Sedimentation in adjoining surfaces, drainage systems, and watercourses caused from the development of a lot or use shall not be permitted. If such sedimentation occurs, it shall be the responsibility of the owner of the developed lot or use to remove the sedimentation.

2. Fill. All fill materials shall be free of environmentally hazardous materials, and the Zoning Administrator may request representative samples of the fill for testing purposes.

3. Production. No use shall produce pollutants in such a quantity as to pollute soils, water bodies, adjacent properties, or conflict with public water standards.

4. Storage. No use shall accumulate within the lot or discharge beyond the lot lines any waste, debris, refuse, trash, discarded construction materials, discarded appliances, scrap metals, or rotting wood that are in conflict with applicable public health, safety, and welfare standards unless expressly permitted by the Unified Development Code.

5. Disposal. No waste materials such as garbage, rubbish, trash, construction material, gasoline, oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material of such nature, quantity, obnoxiousness, toxicity, or temperature that it may contaminate, pollute, or harm the waters or soils shall be deposited, located, stored, or discharged on any lot unless expressly permitted by the Unified Development Code.

E. Storm Water Management. Storm water shall be subject to the Jasper County storm water management ordinance (Chapter 16.10 JCC). [Ord. 12-27-11 § 5.25.]

20.50.260 FW-01 – General fence and wall standards.

This fence and wall standards (FW) section applies to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 M2 MP IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Cross Reference.

1. Vision Clearance. Fences and walls shall meet all vision clearance standards in JCC 20.50.910 VC-01 – Vision clearance standards.

2. Covenants. Property owners within subdivisions are advised to investigate applicable declaration of covenants which may impose greater restrictions than are found in the Unified Development Code. The stricter standard of the two apply to lots with covenants.

B. Permits. No permit shall be required for the installation of a fence or wall. However, all fences shall still be required to meet all fence and wall standards in this chapter .

C. Positioning.

1. Presentation. Fences and walls shall present the nonstructural face outward, except when used for containment of pastured animals.

2. Property Line. Fences and walls shall be permitted up to the property line.

3. Easement. No wall shall be located within a public or private easement unless written permission from the easement holder has been granted.

D. Maintenance. All fences and walls are required to be properly maintained and kept in good condition. [Ord. 12-27-11 § 5.26.]

20.50.270 FW-02 – Conservation and parks fence and wall standards.

This fence and wall standards (FW) section applies to the following zoning districts:
CO PR

The following standards shall apply:

A. Height. Fences and walls shall not exceed four (4) feet in height when located within twenty-five (25) feet of any property line. All other fences shall not exceed six (6) feet in height.

B. Height Exceptions. Fences that surround swimming pools, sport courts, sport fields and similar amenities that are also located within the building envelope are allowed to be any height deemed necessary to protect players, spectators, vehicles, and adjacent property; or deemed essential facility to conduct the sport, recreation or game (e.g., a backstop behind home plate in a baseball field or a wall for solo tennis practice).

C. Types.

1. Permitted Materials. Wood, stone, masonry, wrought iron, decorative metal, and PVC shall be permitted fence and wall materials.

2. Permitted Materials for Sport and Recreation. Vinyl, zinc or powder coated chain link, galvanized chain link, wood, stone, masonry, wrought iron, decorative metal, and PVC shall be permitted fence and wall materials for surrounding swimming pools, sport courts, sport fields and similar amenities.

3. Prohibited Material. Fences and walls shall not incorporate barbed wire, above ground electrified wires, razor wire, glass, sharpened top spikes, or similarly hazardous fence materials. [Ord. 12-27-11 § 5.27.]

20.50.280 FW-03 – Agricultural fence and wall standards.

This fence and wall standards (FW) section applies to the following zoning districts:
A1 A2 A3

The following standards shall apply:

A. Height. Fences and walls around a farmstead shall not exceed five (5) feet in height in the front and side yards, and eight (8) feet in height in the rear yard. Containment fences for livestock or fences around farm fields shall not exceed six (6) feet in height. Containment fences for livestock or exotic animals that are at least fifty (50) feet from all property lines are allowed up to ten (10) feet in height.

B. Height Exceptions. Fences that surround a swimming pool or sport courts located within the building setbacks, and in the side or rear yard, are allowed up to eight (8) feet in height.

C. Types.

1. Permitted Materials. Vinyl, zinc or powder coated chain link, galvanized chain link, chicken wire, wire mesh, agricultural wire, wood, composite outdoor wood, stone, masonry, wrought iron, decorative metal, and PVC shall be permitted fence and wall materials for containment and for around farm land.

2. Prohibited Material. Except where used for containment purposes, fences and walls shall not incorporate barbed wire or above ground electrified wires. Razor wire, broken glass, sharpened top spikes, and similarly hazardous fence material are not permitted. [Ord. 12-27-11 § 5.28.]

20.50.290 FW-04 – Residential fence and wall standards.

This fence and wall standards (FW) section applies to the following zoning districts:
R1 R2 M1 M2

The following standards shall apply:

A. Height.

1. Front or Side Yard. Fences and walls in front or side yards shall not exceed four (4) feet in height.

2. Rear Yard. Fences and walls in rear yards shall not exceed eight (8) feet in height.

B. Types.

1. Permitted Materials in Front and Side Yards. Wood, composite outdoor wood, stone, masonry, wrought iron, and decorative metal shall be permitted fence and wall materials.

2. Permitted Materials in Rear Yards. Vinyl, zinc or powder coated chain link, wood, composite outdoor wood, stone, masonry, wrought iron, and decorative metal shall be permitted fence and wall materials.

3. Prohibited Material. Fences and walls shall not incorporate metal or plastic slats in chain link fences; and barbed wire, above ground electrified wires, razor wire, broken glass, sharpened top spikes, or similarly hazardous fence material are prohibited. [Ord. 12-27-11 § 5.29.]

20.50.300 FW-05 – Manufactured home park fence and wall standards.

This fence and wall standards (FW) section applies to the following zoning district:
MP

The following standards shall apply:

A. Height.

1. Perimeter Fences. Fences and walls around the perimeter of a manufactured home park shall not exceed four (4) feet in height when installed along a frontage street and six (6) feet in height with located within ten (10) feet of the property line.

2. Dwelling Site Fences. Decorative fences up to three and one-half (3½) feet in height are allowed on a dwelling site, but they shall not enclose, partially enclose, or give the perception of being an enclosed dwelling site.

B. Height Exceptions. Fences that surround a community swimming pool or sport court located within the building setbacks, and at least fifty (50) feet from the public right-of-way of a perimeter street, are allowed up to eight (8) feet in height.

C. Types.

1. Permitted Materials in Front and Side Yards. Wood, composite outdoor wood, stone, masonry, wrought iron, and decorative metal shall be permitted fence and wall materials.

2. Permitted Materials in Rear Yards. Vinyl, zinc or powder coated chain link, wood, composite outdoor wood, stone, masonry, wrought iron, and decorative metal shall be permitted fence and wall materials.

3. Prohibited Material. Fences and walls shall not incorporate metal or plastic slats in chain link fences; and barbed wire, above ground electrified wires, razor wire, broken glass, sharpened top spikes, or similarly hazardous fence material are prohibited. [Ord. 12-27-11 § 5.30.]

20.50.310 FW-06 – Village residential fence and wall standards.

This fence and wall standards (FW) section applies to the following zoning district:
VR

The following standards shall apply:

A. Height.

1. Front Yard and Side Yard. Fences and walls in front or side yards shall not exceed three (3) feet in height and shall be decorative in character.

2. Rear Yard. Fences and walls in rear yards shall not exceed six (6) feet in height.

B. Height Exceptions. Fences that surround a swimming pool are allowed up to eight (8) feet in height.

C. Types.

1. Permitted Materials in Front and Side Yards. Wood, composite outdoor wood, stone, masonry, wrought iron, and decorative metal shall be permitted fence and wall materials.

2. Permitted Materials in Rear Yards. Vinyl, zinc or powder coated chain link, wood, composite outdoor wood, stone, masonry, wrought iron, and decorative metal shall be permitted fence and wall materials.

3. Prohibited Material. Fences and walls shall not incorporate metal or plastic slats in chain link fences; and barbed wire, above ground electrified wires, razor wire, broken glass, sharpened top spikes, or similarly hazardous fence material are prohibited. [Ord. 12-27-11 § 5.31.]

20.50.320 FW-07 – Nonresidential fence and wall standards.

This fence and wall standards (FW) section applies to the following zoning districts:
A4 IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Height.

1. Front and Side Yard. Fences and walls in the front or side yard shall not exceed three (3) feet in height and shall be decorative in nature.

2. Rear Yard. Fences and walls in the rear yard shall not exceed eight (8) feet in height and must be associated with securing outdoor storage or vehicles, or industrial uses. Otherwise, all fences or walls in rear yards shall not exceed six (6) feet in height.

B. Height Exceptions. Fences that surround a swimming pool are allowed up to eight (8) feet in height.

C. Types.

1. Permitted Materials in Front and Side Yards. Wood, composite outdoor wood, stone, masonry, wrought iron, and decorative metal shall be permitted fence and wall materials.

2. Permitted Materials in Rear Yards. Vinyl, zinc or powder coated chain link, wood, composite outdoor wood, stone, masonry, wrought iron, and decorative metal shall be permitted fence and wall materials.

3. Prohibited Material. Fences and walls shall not incorporate metal or plastic slats in chain link fences; and above ground electrified wires, broken glass, sharpened top spikes, or similarly hazardous fence material are prohibited. Barbed wire and razor wire are prohibited unless granted permission from the Zoning Administrator upon providing acceptable proof that an extraordinary need exists. [Ord. 12-27-11 § 5.32.]

20.50.330 FP-01 – Floodplain standards.

This floodplain standards (FP) section applies to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 M2 MP IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Cross Reference. See the Jasper County flood hazard area ordinance (Chapter 16.05 JCC). [Ord. 12-27-11 § 5.33.]

20.50.340 FA-01 – Floor area.

This floor area standards (FA) section applies to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 M2 MP IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Applicability. If a floor area standard does not appear in the section for a zoning district, then the standard does not apply to that particular zoning district.

1. Minimum Main Floor Area. The minimum main floor area shall be per each section in Chapter 20.20 JCC, Zoning Districts.

2. Maximum Main Floor Area. The maximum main floor area shall be per each section in Chapter 20.20 JCC, Zoning Districts.

3. Minimum Dwelling Unit Size. The minimum dwelling unit size shall be per each section in Chapter 20.20 JCC, Zoning Districts. [Ord. 12-27-11 § 5.34.]

20.50.350 HT-01 – Height standards.

This height standards (HT) section applies to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 M2 MP IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Cross Reference. See JCC 20.50.940 WF-01 – Wireless facilities standards.

B. Applicability. If a height standard does not appear in the section for a zoning district, then the standard does not apply to that particular zoning district.

1. Maximum Primary Structure Height. The maximum primary structure height shall be per each section in Chapter 20.20 JCC, Zoning Districts.

2. Maximum Accessory Structure Height. The maximum accessory structure height shall be per each section in Chapter 20.20 JCC, Zoning Districts.

3. Exceptions. The following types of structures or features shall be exempt or partially exempt from the maximum structure height standards, assuming they are permitted uses or structural features, as stated:

a. Grain elevators, barns and grain silos used for general agricultural purposes may exceed the maximum structure height but shall not exceed 150 feet in height.

b. Mechanical equipment used for confined feeding operations may exceed the maximum structure height but shall not exceed 100 feet in height.

c. Church steeples, bell towers, and religious symbols may exceed the maximum structure height but shall not exceed 200 percent of the height of the primary structure.

d. Functional chimneys may exceed the maximum structure height but shall not extend more than ten (10) feet above the roof’s highest point.

e. Roof-mounted antennas may exceed the maximum structure height but shall not exceed five (5) feet over the maximum primary structure height or ten (10) feet above the primary structure height, whichever is less, as long as the antenna is not located on the front roof plane.

f. Pole-mounted antennas may exceed the maximum structure height but shall not exceed twenty (20) feet over the maximum primary structure height or thirty (30) feet above the primary structure height, whichever is less, as long as the pole is located in the rear yard.

g. Roof-mounted mechanical equipment, including elevator bulkheads, may exceed the maximum structure height but shall not extend any more than fifteen (15) feet above the roof’s highest point; provided, that it is architecturally integrated into the building’s features or is generally screened from view by an architectural enclosure, parapet or similar feature.

h. Mechanical equipment and utility structures associated with an industrial use on land zoned for industrial uses may exceed the maximum primary structure height by up to fifty percent (50%).

i. Wireless support structures may exceed the maximum structure height as allowed in JCC 20.50.940 WF-01 – Wireless facilities standards. [Ord. 12-27-11 § 5.35.]

20.50.360 HB-01 – Type 1 home business standards.

This home business standards (HB) section applies to the following zoning districts:
A1 A2 A3 R1 R2 VR M1 M2 MP

The following standards shall apply:

A. Applicability. The standards in this section shall not apply to agriculture, as agriculture is regulated as a primary use in this code.

B. Permits. A permit for a Type 1 home business is not required.

C. Personnel.

1. Residency. The operator of the Type 1 home business shall reside in the house.

2. Employees. Only family members of the operator living in the house shall be employed by the Type 1 home business.

D. Operations.

1. Nuisance. The Type 1 home business shall not generate offensive noise, vibration, smoke, odors, dust, heat, glare, or electrical disturbances.

2. Traffic. The Type 1 home business shall not generate vehicular traffic in greater volumes than would normally be expected in the rural area or neighborhood in which it is located.

3. Large Vehicles. The Type 1 home business shall not necessitate or utilize large vehicles that will regularly or periodically be parked on the driveway or on the street, including a box truck, construction trucks, construction equipment, oversized pick-up truck, dual pick-up truck, full-sized van, delivery truck, bus, semi-tractor trailer, and the like.

4. Branded Vehicles. The Type 1 home business shall not necessitate or utilize branded vehicles that will regularly or periodically be parked on the driveway or on the street, including passenger vehicles, vans, motorcycles, or the like that have super-graphics or branding colors or designs that advertise or draw attention to the Type 1 home business.

5. Customers. The Type 1 home business shall not have patrons or customers visit the home.

6. Hours. The hours of operation of the Type 1 home business shall not interfere with the use and enjoyment of adjacent rural or residential properties.

E. Design.

1. Primary Structure.

a. The Type 1 home business shall be conducted entirely within the primary structure.

b. The Type 1 home business shall not exceed fifteen percent (15%) of the square footage of the structure.

c. There shall be no visible evidence of the Type 1 home business, including but not limited to alterations to the exterior of the residence which change the character of the residence, exterior displays, or the outdoor storage of materials or equipment used in the home business.

2. Accessory Structure. No accessory structure shall be utilized for any part of the type 1 home business.

3. Parking and Loading.

a. No off-street parking or loading facilities, other than facilities meeting the requirements of the applicable zoning district, shall be permitted.

b. No part of a minimum required yard shall be used for off-street parking or loading purposes.

4. Mechanical Equipment. The type 1 home business shall not require the installation of mechanical equipment other than that which is common in a residential structure.

5. Utility Service. The type 1 home business shall not require the installation of a sewer, water, or electrical utility service that is beyond what is common in a residential structure. Exceeding typical phone, cable or internet services for residential property is permitted.

6. Signs. Signs are prohibited. [Ord. 12-27-11 § 5.36.]

20.50.370 HB-02 – Type 2 home business standards.

This home business standards (HB) section applies to the following zoning districts:
A1 A2 A3 R1 R2 VR

The following standards shall apply:

A. Applicability. The standards in this section shall not apply to agriculture, as agriculture is regulated as a primary use in this document.

B. Permits. All type 2 home businesses shall obtain an improvement location permit.

C. Personnel.

1. Residency. The operator of the type 2 home business shall reside in the house.

2. Employees. One (1) employee who does not reside in the house may be employed in the home business.

D. Operations.

1. Nuisance. The type 2 home business shall not generate offensive noise, vibration, smoke, odors, dust, heat, glare, or electrical disturbances.

2. Traffic. The type 2 home business shall not generate vehicular traffic in greater volumes than would normally be expected in the rural area or neighborhood in which it is located.

3. Customers. The type 2 home business shall not generate customers in greater volumes than would normally be expected in the neighborhood.

4. Hours. The hours of operation of the type 2 home business shall not interfere with the use and enjoyment of adjacent residential properties; and shall be strictly restricted to the hours of 7:00 a.m. to 9:00 p.m. EST.

E. Design.

1. Primary Structure.

a. The type 2 home business shall be conducted entirely within the primary structure.

b. The type 2 home business shall not exceed twenty-five percent (25%) of the square footage of the primary structure.

c. There shall be no visible evidence of the type 2 home business, including but not limited to alterations to the exterior of the residence which change the character of the residence, exterior displays, or the outdoor storage of materials or equipment used in the home business.

2. Accessory Structure. No accessory structure shall be utilized for any part of the home business.

3. Parking and Loading.

a. No off-street parking or loading facilities, other than facilities meeting the requirements of the applicable zoning district, shall be permitted.

b. No part of a minimum required yard shall be used for off-street parking or loading purposes.

4. Mechanical Equipment. The type 2 home business shall not require the installation of mechanical equipment other than that which is common in a residential structure.

5. Utility Service. The type 2 home business shall not require the installation of a utility service that is beyond what is common in a residential structure. [Ord. 12-02-24 § 51; Ord. 12-27-11 § 5.37.]

20.50.380 HB-03 – Type 3 home business standards.

This home business standards (HB) section applies to the following zoning districts:
A1 A2 A3

The following standards shall apply:

A. Applicability. The standards in this section shall not apply to agriculture, as agriculture is regulated as a primary use in this document.

B. Permits. All type 3 home businesses shall obtain an improvement location permit.

C. Permissible Home Businesses.

1. Permitted. The type 3 home business shall be limited to woodworking, small engine repair, lawn service, assembly of products, automobile repair, welding, contracting business, landscaping business, or a similar use as determined by the Zoning Administrator. Use of the property or home for permitted agricultural land uses shall not be considered a type 3 home business.

2. Prohibited. The type 3 home business shall not include any kind of direct retail sales.

3. Discretion. Businesses not specifically listed above shall be interpreted by the Zoning Administrator as to whether the business is permitted as a home business or not.

D. Personnel.

1. Residency. The operator of the type 3 home business shall reside in the house.

2. Employees. Up to four (4) employees may be employed by and work on site.

E. Operations.

1. Nuisance. The type 3 home business shall not generate offensive noise, vibration, smoke, odors, dust, heat, glare, or electrical disturbances.

2. Hours. The hours of operation of the type 3 home business shall not interfere with the use and enjoyment of the rural area in which it is located.

F. Design.

1. Primary Structure.

a. The office component of the type 3 home business may be operated in the primary structure (the home).

b. The type 3 home business shall not exceed five percent (5%) of the square footage of the primary structure.

c. There shall be no evidence of the type 3 home business from alterations to the exterior of the residence. However, the character of the property may show minimum evidence of its business use, including exterior storage of materials, vehicles or equipment used in the type 3 home business.

2. Accessory Structure.

a. The type 3 home business shall be primarily conducted within an accessory structure, not exceeding 4,000 square feet in total area, and may consume 100 percent of the square footage of the accessory structure.

3. Parking and Loading.

a. All off-street parking or loading facilities shall meet the requirements of the applicable zoning district.

b. No part of a minimum required yard shall be used for off-street parking or loading purposes.

c. There shall be no more than eight (8) operable vehicles parked on the site at any time, including the vehicles used by residents of the home.

4. Outdoor Storage.

a. No commercial vehicles shall be parked or stored outside between 9:00 p.m. and 5:00 a.m. unless parked or stored behind the accessory structure use for the type 3 home business.

b. No outdoor storage of products, materials, supplies, waste, scrap, or the like shall be permitted unless fully within an opaque fence enclosure with gate tall enough to screen the outdoor storage. Fences used for screening shall not exceed eight (8) feet in height. The fenced enclosure shall not exceed 1,000 square feet in area and shall meet all setback requirements for an accessory structure. A fenced enclosure for outdoor storage shall not be located forward of the accessory structure used for the type 3 home business.

5. Signs. One (1) wall sign is permitted on the accessory structure and it shall not exceed ten (10) square feet in sign area. The wall sign shall be fully located within ten (10) feet above ground level. Materials shall be aesthetically compatible and complementary to the accessory structure, specifically to make sure the sign is subtle and consistent with residential and neighborhood character. No special lighting shall be permitted to illuminate the sign. [Ord. 12-27-11 § 5.38.]

20.50.390 KL-01 – Commercial kennel standards.

This kennel standards (KL) section applies to the following zoning district:
A4

The following standards shall apply:

A. Prerequisites.

1. Minimum Lot Area. All commercial kennels shall be located on a lot with a minimum of two (2) acres.

2. Minimum Fenced Yard. All commercial kennels shall maintain a minimum one-eighth (1⁄8) acre (544½ square feet) of outdoor fenced area for each boarding unit for dogs on premises (i.e., the commercial kennel’s dog capacity). As a minimum, all commercial kennels that provide services for dogs shall have a one-quarter (1⁄4) acre fenced area.

B. Minimum Main Floor Area. The commercial kennel shall have a building with a minimum main floor area of fifty (50) square feet per one (1) domestic pet, with a prerequisite minimum of 1,000 square feet. Newly constructed commercial kennels, as well as commercial kennels to be located in an existing building, shall have a minimum capacity of fifty (50) square feet of main floor area per one (1) domestic pet.

C. Commercial Kennel Building. The building required in subsection (B) of this section, Minimum Main Floor Area, shall be mechanically air conditioned and ventilated to eliminate the need to open windows or doors during warm or hot days. Only the building used to board or predominantly keep animals shall be subject to this requirement.

D. Hours of Operation. The commercial kennel may be staffed twenty-four (24) hours per day. The use of outdoor areas shall be limited to eight (8) hours which must be allocated between the hours of 8:00 a.m. and 8:00 p.m. daily.

E. Setback Standards. All buildings and outdoor containment areas used by the commercial kennel shall be a minimum of 100 feet from all property lines.

F. Noise Containment. The commercial kennel shall keep all windows closed ninety-nine percent (99%) of each day and doors closed ninety percent (90%) of each day.

G. Fence Enclosures. All outdoor facilities for domestic pets shall be fully fenced in with vinyl, zinc or powder coated chain link fence, or similar quality product. Invisible fences shall not constitute a sufficient barrier to keep domestic pets contained or to prevent intrusion by other animals.

H. Waste Management. The animal waste shall be managed either by composting, septic system, sanitary sewer or other method approved by Jasper County Health Department. The commercial kennel shall submit a waste management plan to the Jasper County Health Department for consideration and determination of waste management options. [Ord. 12-27-11 § 5.39.]

20.50.400 KL-02 – Home business kennel standards.

This kennel standards (KL) section applies to the following zoning districts:
A1 A2

The following standards shall apply:

A. Prerequisites.

1. Minimum Lot Area. All kennels shall be located on a lot with a minimum of one (1) acre.

2. Minimum Fenced Yard. All kennels shall maintain a minimum one-eighth (1⁄8) acre (544½ square feet) of outdoor fenced area for each boarding unit for dogs on premises (i.e., the kennel’s dog capacity).

B. Maximum Kennel Size. The kennel facility shall not contain more than six (6) domestic pets that are not owned by the owner of the property. However, no more than ten (10) domestic pets shall be kept on the property.

C. Kennel Building Standards.

1. Kennel Location. The kennel shall be fully contained in a dedicated space within the home, or in one (1) accessory structure.

2. Minimum Floor Area. The kennel shall have a minimum floor area of fifty (50) square feet per one (1) domestic pet, with a prerequisite minimum of 200 square feet.

3. Kennel Facility. The kennel facility shall be mechanically air conditioned and ventilated to eliminate the need to open windows or doors during warm or hot days. Only the building used to board or predominantly keep animals shall be subject to this requirement.

4. Noise Containment. The kennel shall keep all windows closed ninety-nine percent (99%) of each day and doors closed ninety percent (90%) of each day.

D. Hours of Operation. The maximum hours of operation (e.g., for domestic pet owners to pick up their animal) for the kennel shall be from 6:00 a.m. to 8:00 p.m. daily. The use of outdoor areas shall be limited to two (2) hours between 8:00 a.m. and 8:00 p.m. daily.

E. Setback Standards. All outdoor areas used by the kennel shall be a minimum of one hundred (100) feet from all property lines.

F. Fence Enclosures. All outdoor facilities for domestic pets shall be fully fenced in with vinyl, zinc or powder coated chain link fence, or similar quality product. Invisible fences shall not constitute a sufficient barrier to keep domestic pets contained or to prevent intrusion by other animals. [Ord. 12-02-24 § 52; Ord. 12-27-11 § 5.40.]

20.50.410 KA-01 – Rural keeping of household pets and outdoor pets standards.

This keeping of animals standards (KA) section applies to the following zoning districts:
CO PR

The following standards shall apply:

A. Household Pets. Any number of household pets as defined (i.e., indoor pets) are permitted.

B. Outdoor Pets. Outdoor pets as defined are permitted, and shall meet the following standards.

1. Minimum Lot Area. One-eighth (1/8) acre per outdoor dog and no restriction on other outdoor pets. Area shall be set aside exclusively for the animal(s) and separate from the building envelope and associated well and septic systems for a residential structure (if applicable).

2. Maximum Number. Two (2) outdoor dogs and no limit on other outdoor pets.

C. Exotic Animals. None permitted.

D. Farm Animals. None permitted. [Ord. 3-7-16A § 1; Ord. 12-27-11 § 5.41.]

20.50.420 KA-02 – Agricultural keeping of farm animals standards.

This keeping of animals standards (KA) section applies to the following zoning districts:
A1 A2 A3

The following standards shall apply (Note: this section is separate from the confined feeding use described in JCC 20.50.160 CF-01 – Confined feeding standards.):

A. Household Pets. Any number of household pets as defined (i.e., indoor pets) are permitted.

B. Outdoor Pets. Outdoor pets as defined are permitted, and shall meet the following standards.

1. Minimum Lot Area. One-eighth (1/8) acre per outdoor dog and no restriction on other outdoor pets. Area shall be set aside exclusively for the animal(s) and separate from the building envelope and associated well and septic systems for a residential structure (if applicable).

2. Maximum Number. Four (4) outdoor dogs and no limit on other outdoor pets.

C. Exotic Animals. One (1) exotic animal is permitted per twenty-five (25) acres.

D. Farm Animals. Farm animals are permitted as follows:

1. Minimum Lot Area. At least two (2) acres shall be set aside exclusively for the animal(s) and separate from the building envelope and associated well and septic systems for a residential structure (if applicable).

2. Minimum Pasturage Area. In addition to the minimum lot area, the following pasturage area shall be set aside:

Animal Type

Minimum Pasture Area

Cow, buffalo, and similar

0.5 acres per animal

Horse, mule, donkey, camel, and similar

0.5 acres per animal

Llama, alpaca, and similar

0.4 acres per animal

Deer and elk, and similar

0.3 acres per animal

Miniature horse (34 inches or less at withers)

0.2 acres per animal

Ostrich, emu, and similar

0.2 acres per animal

Goat, sheep, and similar

0.2 acres per animal

Turkey, pheasant, and similar

no minimum

Swine

0.1 acres per animal

Chicken

no minimum

Mink and other similar fur-bearing animals

no minimum

[Ord. 12-02-24 § 53; Ord. 3-7-16A § 1; Ord. 12-27-11 § 5.42.]

20.50.430 KA-03 – Rural keeping of farm animals standards.

This keeping of animals standards (KA) section applies to the following zoning district:
VR A1 A2 A3

The following standards shall apply:

A. Household Pets. Any number of household pets as defined (i.e., indoor pets) are permitted.

B. Outdoor Pets. Outdoor pets as defined are permitted, and shall meet the following standards.

1. Minimum Lot Area. One-eighth (1/8) acre per outdoor dog and no restriction on other outdoor pets. Area shall be set aside exclusively for the animal(s) and separate from the building envelope and associated well and septic systems for a residential structure (if applicable).

2. Maximum Number. Two (2) outdoor dogs and no limit on other outdoor pets.

C. Exotic Animals. None permitted.

D. Farm Animals. Farm animals are permitted as follows:

1. Minimum Lot Area. The minimum lot area to qualify for raising farm animals shall be two (2) acres. Area shall be set aside exclusively for the animal(s) and separate from the building envelope and associated well and septic systems for a residential structure (if applicable).

2. Limitation on Animal Types. Only the animal types listed in the following table are permitted.

3. Maximum Animal Units. The absolute maximum number of animals and the minimum fenced pasture per animal is listed in the following table. Minimum area shall be exclusive to one (1) animal and not counted again for a different animal type.

E. 

Animal Type

Max. Animal

Minimum Pasture Area

Cow

2

0.5 acres per animal shall be a fenced pasture with a minimum pasture of 1 acre

Horse

6

0.5 acres per animal shall be a fenced pasture with a minimum pasture of 1 acre

Mini horse (34 inches tall or less)

4

0.2 acres per animal shall be a fenced pasture with a minimum pasture of 0.5 acre

Goat and sheep

4

0.1 acres per animal shall be fenced pasture with a minimum pasture of 0.25 acre

Swine

5

0.1 acres per animal shall be fenced pasture with a minimum pasture of 0.25 acre

Hens (not roosters)

8

no minimum

[Ord. 12-02-24 § 54; Ord. 3-7-16A § 1; Ord. 12-27-11 § 5.43.]

20.50.440 KA-04 – Single-family residential keeping of animal standards.

This keeping of animals standards (KA) section applies to the following zoning districts:
R1 R2 MP

The following standards shall apply:

A. Household Pets. Any number of household pets as defined (i.e., indoor pets) are permitted.

B. Outdoor Pets. Outdoor pets as defined are permitted, and shall meet the following standards.

1. Minimum Lot Area. One-eighth (1/8) acre per outdoor pet. Area shall be set aside exclusively for the animal(s) and separate from the building envelope and associated well and septic systems for a residential structure (if applicable).

2. Maximum Number. Five (5) outdoor pets.

C. Exotic Animals. None permitted.

D. Farm Animals. None permitted. [Ord. 3-7-16A § 1; Ord. 12-27-11 § 5.44.]

20.50.450 KA-05 – Multiple-family residential keeping of household and outdoor pets standards.

This keeping of animals standards (KA) section applies to the following zoning districts:
M1 M2

The following standards shall apply:

A. Household Pets. Any number of household pets as defined (i.e., indoor pets) are permitted.

B. Outdoor Pets. Outdoor pets are not permitted.

C. Exotic Animals and/or Farm Animals. None permitted. [Ord. 12-27-11 § 5.45.]

20.50.460 LP-01 – Land application standards.

This land application standards (LP) section applies to the following zoning districts:
A1 A2 A3

The following standards shall apply:

A. Project Applicability. The following standards apply to any land on which sludge, solid waste, waste products, or wastewater is intended to be applied for dissipation, disposal, or fertilizing purposes.

B. General. Land application shall only be permitted as a special exception and when evidence clearly shows that the land application operation is not detrimental to agricultural uses. In addition, land application operations shall be periodically overseen so as to prevent potential detrimental effects upon agriculture, human and animal health, and the environment. The provisions herein are not intended to preclude an operation in Jasper County in which sludge, solid waste, waste products and/or wastewater are generated by industrial, municipal or semi-public facilities. Any person, including the owner of the farmland or cropland designated as an application site, who has an ongoing land application operation in Jasper County on or before December 2, 1991, may continue such operation if the requirements of the Indiana Department of Environmental Management were met as of that date.

C. Land Development Plan and Citizens Advisory Committee on Land Application. In addition to the procedures for a special exception, a land application plan shall also be required. The Zoning Administrator shall immediately convey the land application plan to the citizens advisory committee on land application, which the Plan Commission has established by Resolution No. 5-2-94 RES in accordance with IC 34-7-4-407. The citizens advisory committee on land application shall study the land application plan, shall make inquiries of the applicants for further clarification or explanation of proposed land application operations as necessary, and shall report to the Board of Zoning Appeals in writing on the results of their study and inquiry. The report of the citizens advisory committee on land application shall be submitted to the Board of Zoning Appeals within thirty (30) days of the date the application is received by the citizens advisory committee on land application.

D. Representation of the Citizens Advisory Committee on Land Application. A representative of the citizens advisory committee on land application shall attend the Board of Zoning Appeals hearing to provide testimonial and to answer questions of the Board of Zoning Appeals.

E. Land Application Operation Standards. Additional requirements reasonably necessary to protect human health and the environment, including, but not limited to, reporting and monitoring requirements, cleanup and containment of spills or leaks of potentially hazardous or noxious materials, management practices for land application operations, or other measures necessary to contain or prevent pollution of soil or water, to prevent the creation of a nuisance, or to prevent detrimental effects upon agriculture. The following regulations apply:

1. State Approval Required. All applicants for land application operations shall demonstrate that the operation will be conducted in accordance with applicable minimum standards set forth by the Indiana Department of Environmental Management permit requirements and regulations at 327 IAC 6 or 327 IAC 7. Indiana Department of Environmental Management regulations shall be regarded as minimum standards, and compliance with such regulations shall not automatically constitute compliance with the County’s regulations herein, or any conditions or commitments imposed by the Board of Zoning Appeals during the special exception approval process.

2. Demonstration of Agricultural Impact Required. All applicants for land application operations shall demonstrate, in writing, that the proposed operation will not be detrimental to agriculture. Such demonstration may be made by submitting data from land application operations similar to the operation proposed for the County (provided the material applied and the soil conditions are similar to the proposed operation), or by other means deemed sufficient by the citizens advisory committee on land application and the Board of Zoning Appeals. Such demonstration may be made in the land application plan.

3. Prevention of Soil Erosion. All land application operations shall be conducted in a manner that does not interfere with techniques to prevent soil erosion being practiced by the owners or farmers of land upon which land application is to take place, including but not limited to no-till agriculture.

4. Written Agreements with Landowners. For each land application site, the land application operator shall obtain, in writing, the landowner’s agreement for the land application, including a statement that clearly permits the land application operator to apply for a special exception on their behalf. The written agreement shall state that the permit holder has provided the landowner with a copy of the land application plan required herein, that the landowner has read the land application plan, has been informed of all restrictions and conditions on land application or on land use arising from land application in the land application plan, or contained in the Unified Development Code, and that the landowner has the right to halt the land application operation at any time. The agreement shall be signed and dated by both the landowner and the permit holder or the permit holder’s legally designated representative.

5. Incorporation. Any manure applied shall be incorporated into the soil within twenty-four (24) hours.

6. Stockpiling Prohibited. Stockpiling of material (wet or dry) outdoors at land application sites as part of a land application operation is prohibited. In the event land application is interrupted due to weather or other unforeseeable conditions, excess material may be stored at the site in covered or enclosed transport vehicles.

7. Grazing and Vegetable Crop Restrictions. Grazing shall not be allowed on pastures for ten (10) days following land application, unless sufficient rainfall has occurred to wash land applied material from vegetation. Land application on vegetable crops or any crop intended for human consumption is prohibited.

8. Buildings. Buildings shall not be erected at land application sites by the land application operator. However, land application operators may use existing buildings at land application sites for temporary interior storage of land application equipment or vehicles, and for interior stockpiling of sludge or other solid wastes in connection with a land application operation, with the landowner’s permission, and provided any intent to stockpile sludge or other solid wastes is set forth in and approved as part of the land application development plan.

9. Land Application Development Plan. A proposed land application plan shall be submitted with the application. The land application plan shall include:

a. Name, address and telephone numbers of land application operator and their officials, representatives, and any contractor responsible for operation of the proposed land application operation.

b. Description of type of material to be land applied, including chemical composition, process by which material is generated, name and address of facility where material is generated, material safety data sheets for material (if available), and method by which material is stored at the place of generation.

c. Description of agricultural benefit, if any, expected to result from proposed land application operation.

d. Quantity of material generated monthly and annually that is proposed to be land applied to the identified parcels of land.

e. List of analyses performed on material and copies of most recent analytical results.

f. Description of equipment proposed to be used to transport and land apply material, and description of proposed land application method.

g. Proposed frequency of land applications and proposed times of year when land application operations will take place.

h. Anticipated annual acreage requirements for the proposed land application operation and a list of all counties including Jasper County in which the permit holder proposes to conduct operations.

i. Contingency plan for periods when land application operations must be suspended for long periods due to inclement weather, when land application operations must be suspended because the hydraulic capacity of the soil has been exceeded, or when land application operations must be suspended under this section due to changes in the material to be land applied or changes in Indiana Department of Environmental Management rules or permits. The contingency plan shall describe how the permit holder shall prevent exceedances of normal material storage capacity, at the point of sludge or solid waste generation, and describe alternate disposal methods to be used in the event land application on approved sites is not possible.

j. Proposed Application Rates. If application rates are expected to vary depending upon soil conditions, chemical characteristics of soil, chemical characteristics in a particular load of material, or other parameters, the land application plan shall describe in detail how application rates will be determined. If the determination of application rates requires site soil analysis prior to application, the land application plan shall describe such analyses in detail. Mathematical formulas to be used for calculating application rates shall be included.

k. Site Information. The land application plan shall state that, for each site on which land application is proposed to take place, the land application operator shall determine and maintain a record of, prior to the land application, the following information:

i. Landowner’s name and address.

ii. A copy of the written agreement, signed by the landowner.

iii. Soil map indicating major soil types, drainage and slope class.

iv. Number of acres in site.

v. Name and address of person farming site, if different from owner.

vi. Levels of nutrients or description of soil properties expected to be beneficially affected by the land application operation, if any.

vii. Groundwater level as determined from available data. If no data is available for a particular site, either from the landowner, U.S. Geological Surveyor other sources, the permit holder shall make a reasonable effort to determine the groundwater level.

viii. Depth of soil to bedrock as determined from available data. If no data is available, either from the landowner, U.S. Geological Survey, or other sources, the permit holder shall make a reasonable effort to determine the depth of soil to bedrock.

ix. Location of required buffer zones and number of usable acres in site.

x. Field Application Form. The land application plan shall state that, for each load of material land applied, the permit holder shall record on an appropriate form the following information:

(A) Landowner’s name and address.

(B) Number of usable acres in site.

(C) Number of acres actually used.

(D) Dates of applications.

(E) Amounts of material applied.

(F) Names of driver and other personnel involved in the land application operation.

xi. Management Practices. Management practices shall be described in detail and shall include, at a minimum, the following:

(A) Methods of supervision of the land application operations.

(B) Methods of preventing uncontrolled runoff of land applied material.

(C) Methods of identifying and marking required buffer zones.

(D) Methods to control excessive noise, dust and odors.

(E) A traffic plan designed to minimize transport traffic through residential areas.

(F) Spill contingency plan describing how spills of material during transport and/or into surface waters will be cleaned up and controlled.

(G) Monitoring, Reporting and Record Keeping. The land application plan shall set forth all proposed monitoring, reporting and record keeping practices. Such practices shall conform, at a minimum, to the standards set forth in this section.

xii. The land application operation shall be conducted in accordance with the land application plan.

xiii. Exceeding Hydraulic Capacity of Soil. Land application of material so as to exceed the hydraulic capacity of soil at the time of application is prohibited.

xiv. Monitoring.

(A) Material to be land applied shall be tested by a certified lab, at the expense of the permit holder, every month for total metals, inorganic plant nutrients, pesticides, and any pollutants contained or potentially contained therein that are listed as toxic pollutants pursuant to the Federal Water Pollution Control Act. The Board of Zoning Appeals may require more frequent testing and/or testing for additional substances present or potentially present in the material where such substances are “hazardous substances” as defined at 42 USC 9601(14). The analytical sampling methods used shall conform to Federal regulations at 40 CFR Part 136, or such other generally recognized methods as the Board of Zoning Appeals may approve. Notwithstanding the foregoing, an applicant may propose an alternate monitoring program and include it in the land application plan. The applicant shall justify the alternate monitoring program and shall meet the full intent of the monitoring regulations. The Board of Zoning Appeals shall review the alternate monitoring program and shall either approve or disapprove the plan as part of the land application plan. If approved, the permit holder shall abide by the alternate monitoring plan.

(B) Each land application site shall be monitored quarterly by the land application operator for a period of one (1) year following the land application for soil parameters proposed to be affected by the land application operation, if any. A proposed soil sampling methodology shall be set forth in the land application plan. Notwithstanding the foregoing, an applicant may propose an alternate soil sampling program, including no follow-up soil sampling, and include it in the land application plan. The applicant shall justify the alternate soil sampling program and shall meet the full intent of the monitoring regulations. The Board of Zoning Appeals shall review the alternative monitoring program and shall either approve or disapprove the plan as part of the land application plan. If approved, the permit holder shall abide by the alternative monitoring plan.

(C) In the event of a spill of material to be land applied away from the designated land application site, or of a spill or uncontrolled runoff of material directly into surface waters, the land application operator shall sample the affected soil or surface waters for all parameters required to be monitored herein, within twenty-four (24) hours of the spill or runoff incident.

(D) In the event of the contamination of soils or surface waters following a spill or the uncontrolled runoff of material directly into surface waters, the Board of Zoning Appeals may require the permit holder to perform groundwater monitoring at the spill or land application site.

l. Record Keeping. Records of all monitoring required herein, of all site information required by the land application plan, and all field application forms shall be maintained by the land application operator for a minimum of five (5) years.

m. Reporting.

i. For each land application site, the land application operator shall notify the Board of Zoning Appeals in writing or by telephone that land application is about to take place on the site at least twenty-four (24) hours before the land application is scheduled to take place.

ii. Copies of all monitoring reports and records required herein or by the land application development plan shall be submitted to the Board of Zoning Appeals at the end of each calendar quarter for each incident of land application during that calendar quarter.

n. Changes to Land Application Plan. The land application operator shall notify the Board of Zoning Appeals of any changes in the land application operation or at its facility that render information in the land application plan incorrect, within two (2) weeks after such changes occur. Where such changes involve changes to management practices, changes in the material to be land applied, or changes in the agricultural benefit to be derived from land application, the Board of Zoning Appeals shall immediately submit such changes to the citizens advisory committee on land application for review. Within thirty (30) days, the citizens advisory committee on land application shall determine whether the changes are consistent with the requirements of this section and with the original land application plan, and shall report its findings to the Board of Zoning Appeals. If the citizens advisory committee on land application and the Board of Zoning Appeals find that the changes are an advancement of the operation or that the application operation is no longer in compliance with local, State, or National standards, the Zoning Administrator shall either begin enforcement procedures and/or the Board of Zoning Appeals shall require the operation to begin a new permitting process. [Ord. 9-4-12A § 1; Ord. 12-27-11 § 5.46.]

20.50.470 LA-01 – General landscaping standards.

This landscaping standards (LA) section applies to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 M2 MP IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Cross Reference.

1. Vision Clearance Standards. All landscape materials shall be located to avoid interference with visibility per JCC 20.50.910 VC-01 – Vision clearance standards.

B. Project Applicability.

1. Landscape materials consistent with the requirements of the Unified Development Code shall be required when an improvement location permit for a new primary structure is obtained.

2. In the A1 and A2 zoning districts these standards shall only apply to new residential primary structures.

3. These standards do not apply to individually platted lots in a residential subdivision.

C. Positioning.

1. Right-of-Way. Woody trees and shrubs shall not be planted in rights-of-way without permission from the County Commissioners for rights-of-way. A tree canopy may project over a right-of-way or easement.

2. Infrastructure. Trees shall be located to avoid significant interference with overhead or underground utilities.

D. Tree Credits. The preservation of an existing healthy tree shall constitute an in-kind credit toward meeting the landscape requirements in the Unified Development Code. A credit shall be granted per tree that contributes to or fulfills any landscaping standard.

E. Minimum Tree Size.

1. Deciduous Trees. All required deciduous trees shall be at least one and three-quarter (1¾) inch DBH at the time of planting.

2. Evergreen Trees. All required evergreen trees shall be at least five (5) feet in height at the time of planting. [Ord. 12-02-24 § 55; Ord. 12-27-11 § 5.47.]

20.50.480 LA-02 – Single-family residential lot planting landscaping standards.

This landscaping standards (LA) section applies to the following zoning districts:
R1 R2 VR

The following standards shall apply:

A. Quantity Requirements. One (1) deciduous tree per residential lot which may be planted anywhere on the lot. [Ord. 12-27-11 § 5.48.]

20.50.490 LA-03 – Multiple-family and manufactured home park lot planting landscaping standards.

This landscaping standards (LA) section applies to the following districts:
M1 M2 MP

The following standards shall apply:

A. Quantity Requirements. Two (2) deciduous trees per acre. Said tree(s) may be planted anywhere on the lot. [Ord. 12-02-24 § 56; Ord. 12-27-11 § 5.49.]

20.50.500 LA-04 – Nonresidential lot planting landscaping standards.

This landscaping standards (LA) section applies to the following districts:
A4 IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Quantity Requirements. One (1) deciduous tree per acre. Said tree(s) may be planted anywhere on the lot. [Ord. 12-02-24 § 57; Ord. 12-27-11 § 5.50.]

20.50.510 LA-05 – Parking lot landscaping standards.

This landscaping standards (LA) section applies to the following zoning districts:
M2 IS LB GC HC CP

The following standards shall apply:

A. Parking Lot Perimeter Landscaping. Parking lots shall be screened from streets and adjacent uses using a combination of plant materials, decorative walls, and/or mounds. Parking lots with sixty (60) or more parking spaces shall have the following:

1. Trees. One (1) deciduous tree per fifty (50) lineal feet of parking lot perimeter, then planted between (4) feet and twelve (12) feet from the parking lot edge.

B. Interior Landscaping. Parking lots shall have landscape islands and/or peninsulas. Parking lots with eighty (80) or more parking spaces shall have the following:

1. Quantity. One (1) landscape island shall be provided for every forty (40) spaces. If more than one (1) island is required they each shall be distributed equally throughout the parking lot.

2. Size. Islands shall be at least 180 square feet in area.

3. Plant Materials. Each island shall contain at least one (1) deciduous tree. [Ord. 12-27-11 § 5.51.]

20.50.520 LA-06 – Buffer yard landscaping standards.

This landscaping standards (LA) section applies to the following zoning districts:
PR A3 A4 R1 R2 VR M1 M2 MP IS LB GC HC CP I1 I2 HI

The following standards shall apply for development that requires development plan approval and/or subdivision approval:

A. Applicability. Buffer yard standards shall apply along the front, side, and rear property lines where conflicting zoning districts meet, as indicated on Table LA-A: Buffer Yards Required.

B. Arrangement. Plant material shall be installed within the buffer yard such that views between two (2) differing intensity land uses are disrupted. A natural pattern or irregular row of trees is preferred in the buffer yard.

C. Responsibility.

1. Higher Intensity Use. The property which is zoned for higher intensity uses at the time of application for an improvement location permit or subdivision approval is responsible for installing the buffer yard as indicated in Table LA-A: Buffer Yards Required.

2. Developed Property. Any previously developed lot shall not be required to install a buffer yard when any adjacent property is developed.

3. New Lower Intensity Use. If a property is being developed adjacent to an existing more intense land use the new lower intense land use shall install at a minimum a buffer yard “A” or elect to install a greater buffer. This requirement shall not be required if the higher intense use has a buffer yard or equivalent screening in place.

D. Substitution. The Zoning Administrator may lessen the requirements of the buffer yard standards by twenty percent (20%) due to unique site conditions or features that prevent appropriate and healthful installation of the trees. These site conditions or features may include existing vegetation that exceeds the buffer yard requirements in size and quantity or topography that shields the adjacent property in a more thorough way than the buffer yard requirements.

E. Buffer Yard “A.” One (1) canopy tree and one (1) ornamental or evergreen tree shall be planted for every seventy (70) feet of contiguous boundary with the adjacent lot. Each tree shall be planted within twenty (20) feet of the property line, but no closer than five (5) feet to the property line.

F. Buffer Yard “B.” One (1) canopy tree and two (2) ornamental or evergreen trees shall be planted for every sixty (60) feet of contiguous boundary with the adjacent lot. Each tree shall be planted within fifteen (15) feet of the property line, but no closer than five (5) feet to the property line.

G. Buffer Yard “C.”

1. Canopy Tree. One (1) canopy tree shall be planted for every forty-five (45) feet of contiguous boundary with the adjacent lot. Each tree shall be planted within twenty-five (25) feet of the property line; and

2. Ornamental or Evergreen Tree. Two (2) ornamental or evergreen trees shall be planted for every fifty (50) feet of contiguous boundary with the adjacent lot. Each tree shall be planted within fifteen (15) feet of the property line.

3. Substitution. A six (6) foot tall opaque fence or four (4) foot tall undulating mound may be installed along seventy-five percent (75%) of the contiguous lot in substitution for twenty-five percent (25%) of the canopy trees and fifty percent (50%) of the ornamental or evergreen trees required.

H. Buffer Yard “D.”

1. Canopy Tree. One (1) canopy tree shall be planted for every forty (40) feet of contiguous boundary with the adjacent lot. Each tree shall be planted within twenty (20) feet of the property line; and

2. Ornamental or Evergreen Tree. Two (2) ornamental or evergreen trees shall be planted for every fifty (50) feet of contiguous boundary with the adjacent lot. Each tree shall be planted within twenty (20) feet of the property line; and

3. Row of Evergreens. One (1) evergreen tree shall be planted for every twelve (12) feet of contiguous boundary with the adjacent lot. The evergreen trees shall be planted in an irregular row spaced no closer than nine (9) feet apart or more than fifteen (15) feet apart. The irregular row shall be planted at least twenty-five (25) feet from the property line; and

4. Fence or Mound. A minimum six (6) foot tall opaque fence or a minimum five (5) foot tall undulating mound shall be installed roughly parallel to the property line. The fence or undulating mound shall be installed at least twenty-five (25) feet from the property line.

Table LA-A. Buffer Yards Required

Adjacent District

Zoning District of Subject Property

CO

PR

A1

A2

A3

A4

R1

R2

VR

M1

M2

MP

IS

LB

GC

HC

CP

I1

I2

HI

CO

A

A

A

A

A

B

C

B

C

C

C

C

C

D

PR

B

C

A

B

B

B

C

B

C

C

C

C

C

D

A1

B

A

A

A

C

C

B

D

C

C

C

C

D

A2

B

A

B

A

B

C

C

C

C

C

B

B

D

A3

B

A

B

D

D

D

D

D

D

D

D

B

D

C

C

D

A4

C

B

C

C

C

C

C

C

D

D

B

C

B

B

D

R1

A

D

C

A

B

B

C

C

C

C

C

C

C

D

D

R2

B

D

C

A

B

B

C

C

C

C

C

C

C

D

D

VR

D

C

B

B

A

B

C

C

C

C

C

C

D

D

M1

B

D

C

B

B

A

B

C

C

C

C

C

C

D

D

M2

B

D

C

C

C

B

B

A

C

C

C

C

C

C

D

D

MP

C

D

C

C

C

C

C

C

A

C

C

C

C

C

D

D

IS

C

D

D

LB

B

D

D

C

C

C

C

C

C

B

D

D

GC

C

D

D

C

C

C

C

C

C

B

C

D

HC

C

B

B

C

C

C

C

C

C

A

B

C

D

CP

C

D

C

C

C

C

C

C

C

A

B

C

D

I1

C

C

B

C

C

C

C

C

C

C

C

B

B

B

B

D

I2

C

C

B

D

D

D

D

D

D

D

D

C

C

C

B

D

HI

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

D

[Ord. 12-02-24 § 58; Ord. 3-7-16A § 1; Ord. 12-27-11 § 5.52.]

20.50.530 LT-01 – Lighting standards.

This lighting standards (LT) section applies to the following zoning districts:
CO PR A3 A4 R1 R2 VR M1 M2 MP IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Cross Reference.

1. Parking Lot Lighting. Reference JCC 20.50.620 through 20.50.650 , parking standards, for parking lot lighting requirements.

2. Sign Lighting. Reference JCC 20.50.720 through 20.50.810 , sign standards, for standards for the internal and external illumination of signs.

B. Measurement Rules. Measurements of light readings shall be taken at any point along the property line of the subject property with a light meter facing the center of the property at any height from zero (0) feet to thirty-five (35) feet above the ground.

C. Types.

1. Permitted.

a. Site Lighting. Pole, wall or ground mounted fixtures shall be cutoff fixtures. LED lighting is preferred.

b. Facade Highlighting. Modest intensity up-lighting of structure facades and landscaping from ground-mounted fixtures shall be permitted.

2. Prohibited. Noncutoff fixtures.

3. Exemptions. Sport field and sport court lights shall strive to prevent excessive glare and light trespass, shall not exceed one hundred (100) feet in height, and shall be shut off by 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday through Saturday.

D. Glare. Light fixtures shall be shielded to prevent visual disability when driving along a street. Primarily, the lighting element (i.e., the bulb) is the portion of the light that is necessary to be shielded from normal lines of sight. The Zoning Administrator shall make the final determination if further shielding, light fixture location, or light fixture selection changes are required to prevent visual disability to drivers.

E. Light Trespass. The maximum allowable light at a property line is five (5) lux, with the following exceptions:

1. Commercial Zoning Districts. When the subject property is located within a commercial zoning district and the adjacent property is a commercial or industrial zoning district, then the allowable light at the property line is twenty (20) lux, but only along the sides of the property that are adjacent to those specified zoning districts. However, no light shall cross an adjacent commercial or industrial property and reach a property line with a noncommercial or nonindustrial district with greater than five (5) lux.

2. Industrial Zoning Districts. When the subject property is located within an industrial zoning district and the adjacent property is an industrial zoning district, then the allowable light at the property line is thirty (30) lux, but only along the sides of the property that are adjacent to that specific zoning district. However, no light shall cross an adjacent industrial property and reach a property line with a noncommercial or nonindustrial district with greater than five (5) lux. [Ord. 12-02-24 § 59; Ord. 12-27-11 § 5.53.]

20.50.540 LD-01 – Loading standards.

This loading standards (LD) section applies to the following zoning districts:
I1 I2 HI

The following standards shall apply:

A. Design.

1. Location.

a. For new construction, loading berths shall not be located on the front of the building. Loading berths shall not face an interstate unless obscured with masonry walls or landscaping.

b. When retrofitting an existing building, the installation of new loading berths shall only be permitted on the least conspicuous facade or on the same facade loading berths already exist.

c. Loading berths shall have adequate area for trucks to maneuver in and out of the facility. Trucks shall not block public right-of-way or private streets, aisles, or other internal circulation when maneuvering into or docked at loading berths.

2. Surface. Loading berths shall be paved with asphalt or concrete.

B. Screening. Loading berths shall be screened by solid masonry walls and/or landscape buffers if not located in an inconspicuous location.

C. Drainage. Loading berths shall be constructed to allow proper drainage. [Ord. 12-27-11 § 5.54.]

20.50.550 LO-01 – Lot standards.

This lot standards (LO) section applies to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 M2 MP IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Applicability. If a lot standard listed in JCC 20.50.540, Lot standards, does not appear in the section for a specific zoning district, then that standard does not apply to that particular zoning district.

B. Lot Standards.

1. Minimum Dwelling Site Area. The minimum dwelling site area shall be per each section in Chapter 20.20 JCC, Zoning Districts.

2. Minimum Dwelling Site Width. The minimum dwelling site width shall be per each section in Chapter 20.20 JCC, Zoning Districts.

3. Minimum Lot Area. The minimum lot area shall be per each section in Chapter 20.20 JCC, Zoning Districts.

4. Maximum Lot Area. The maximum lot area shall be per each section in Chapter 20.20 JCC, Zoning Districts.

5. Minimum Lot Width. The minimum lot width shall be per each section in Chapter 20.20 JCC, Zoning Districts.

C. Measurement. The minimum lot width shall be measured at the established setback for lots with a primary structure, or for lots with a primary structure under review for approval; and the lot width for undeveloped lots shall be measured at the minimum setback line.

D. Minimum Lot Frontage. The minimum lot frontage shall be seventy-five percent (75%) of the required minimum lot width except for cul-de-sacs which are described as follows.

1. Cul-de-Sac Lots. Lots established around a cul-de-sac bulb shall be required to be at least one-half (½) the required minimum lot width. However, under no circumstances shall the lot frontage be less than twenty-five (25) feet in residential districts or thirty-five (35) feet in all other districts. [Ord. 12-27-11 § 5.55.]

20.50.560 MH-01 – Manufactured home park standards.

This manufactured home park standards (MH) section applies to the following districts:
MP M2

The following standards shall apply:

A. Intent. This section is designed to provide housing options for residents, ensure a high-quality living environment within a manufactured home park, and assist in providing alternative developments for single-family housing.

B. General Standards. Manufactured home parks are not exempt from the flood hazard ordinance, DNR regulations, FEMA regulations, or any other State/Federal regulation.

C. Development Standards.

1. Operational Standards.

a. Resident Manager. A resident manager or park manager shall be required to oversee that the ordinances and laws regulating the manufactured home park are observed. The resident manager or park manager shall reside on site, and a designated person shall be accessible to contact twenty-four (24) hours a day and seven (7) days a week for emergencies.

b. Register of Residents. Every manufactured home park shall maintain a current register of all occupants, which shall include, at a minimum, the names of all persons residing in the manufactured home park; the make, type and serial or license number of each manufactured home; and a location of the space occupied.

2. Structure Standards.

a. Structure Standards.

i. The minimum residential living area requirement of the zoning district shall not apply.

ii. Each dwelling unit shall be tied down and shall have a permanent perimeter enclosure or permanent foundation.

iii. Each dwelling unit shall be considered a separate residence for all purposes such as taxing, assessing of improvements, garbage pickup, and public utilities.

iv. Dwelling units shall not be covered with a secondary roof.

b. Structure Types.

i. Only manufactured homes are permitted as dwellings within a manufactured home park. No recreational vehicles (RVs), travel trailers, or similar vehicles shall be used as dwellings.

ii. No transient or nonpermanent manufactured homes or travel trailers shall be located in a manufactured home park (except as allowed in this section).

iii. Coin-operated laundries, recreational rooms, storm shelters, and similar amenities may be permitted in manufactured home parks.

3. Site Standards.

a. Bufferyards and Fencing. The perimeter of each manufactured home park shall be fully screened with a fence, wall, or evergreen tree line that is a minimum of six (6) feet in height.

b. Minimum Park Area. The minimum area for a manufactured home park shall be ten (10) acres.

c. Minimum Dwelling Site Lot Area. The minimum dwelling site area shall be two thousand (2,000) square feet or as determined by the zoning district, whichever is less.

d. Minimum Separation Between Structures. The minimum separation between any structures, primary or accessory, shall be ten (10) feet.

e. Community Facility and Storm Shelter.

i. At least one (1) indoor community facility shall be provided for the park that provides recreational space for the park occupants as well as a storm shelter that meets the minimum requirements in the ICC 500 standard for occupants during severe weather.

ii. The area of the community facility shall be at least two hundred (200) square feet or one percent (1%) of the park’s gross acreage, whichever is greater.

f. Dwelling Sites.

i. Each dwelling site shall have a separate concrete pad, concrete foundation, or cinder block foundation for mobile home dwellings; or concrete or cinder block foundation for modular homes.

ii. Each dwelling site shall have separate utilities.

iii. No more than one (1) dwelling unit shall be placed on a dwelling site.

iv. Each home dwelling shall have direct access to an internal road.

g. Lighting. Each manufactured home park shall provide streetlights at the entrance and at least one (1) fixture every five hundred (500) feet along internal roads. Maintenance of all lighting and monthly services fees shall be the responsibility of the park owner.

h. Parking.

i. At least two (2) paved parking spaces shall be provided on each manufactured dwelling site.

ii. Paved and designated visitor parking areas shall be distributed throughout the manufactured home park at an overall rate of one (1) space per four (4) dwelling sites.

i. Recreational Area. Each park shall provide and maintain a recreational area(s) (such as open space, playground, dry detention areas, etc.) equal in size to at least twenty percent (20%) of the gross area of the park in a central location. Maintenance of all recreational and public areas shall be enforced as allowed by this UDO and all applicable municipal property maintenance ordinances.

j. Sidewalks.

i. Sidewalks that are a minimum of four (4) feet in width shall be provided on at least one (1) side of all internal roads.

ii. A sidewalk at least three (3) feet wide shall be provided to each individual dwelling site from the nearest public sidewalk, street, or parking area.

iii. All sidewalks and sidewalk connections shall be paved with a suitable material for use in all weather conditions.

k. Roads.

i. All internal roads shall be private and be maintained by the property owner.

ii. All internal roads shall be paved, installed by the applicant, and built to the applicable public standards.

iii. Internal roads shall provide for emergency vehicle access and be approved by the Fire Department and EMS.

l. Storage.

i. Abandoned, damaged, uninhabitable, or dilapidated manufactured homes shall not be kept or stored within the manufactured home park at any time. For purposes of this standard, “abandoned” shall mean that the home has not been occupied for at least six (6) months.

ii. An open storage area may be provided within the park to store travel trailers, campers, and other recreational vehicles by residents. If open storage is provided, the minimum storage area shall be two hundred (200) square feet per dwelling site and shall be fully screened with a solid fence or wall with a gate that is at least six (6) feet in height.

iii. Campers shall not be occupied or stored on any dwelling site.

iv. Each park shall provide either one (1) or more central storage structures available to all dwelling sites or a single storage structure for each dwelling site. Such structures shall be waterproof, so they remain relatively unaffected by water and/or weather and are suitable for storage of goods and the usual effects of persons occupying the park.

m. Utility Standards. Water and sewage disposal shall comply with the requirements of the subject zoning district.

D. Procedures for Establishing a Manufactured Home Park.

1. Development plan approval is required to establish a manufactured home park. An ILP is required to install/place an individual manufactured home as well as to construct and/or establish accessory structures on individual dwelling sites and those that serve the park.

2. An improvement location permit shall be required for each dwelling unit prior to installation on a dwelling site, and for all other primary or accessory structures on the lot or dwelling sites. [Ord. 12-02-24 § 60; Ord. 12-27-11 § 5.56.]

20.50.570 OS-01 – General outdoor storage standards.

This outdoor storage standards (OS) section applies to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 M2 MP IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Prohibited. The outdoor storage of equipment, machinery, building materials, waste or scrap materials, pallets, inoperable vehicles, and similar materials shall be prohibited.

B. Stored or Parked Vehicles. Vehicles shall not encroach into a right-of-way or block or impede an aisle, internal sidewalk, or private street.

C. Inoperable Vehicles. The storage or parking of inoperable vehicles is subject to the following requirements:

1. Quantity. No more than one (1) inoperable vehicle shall be stored or parked outdoors on a lot at any one (1) time.

2. Location.

a. An inoperable vehicle may be stored in the driveway, side yard, or rear yard, but shall not be parked elsewhere in the front yard. Also, the inoperable vehicle shall be parked where it meets the setbacks required for a primary structure.

b. Any inoperable vehicle not parked on a driveway shall either be parked inside or shall be in an enclosed area with a minimum six (6) foot tall privacy fence.

c. An inoperable vehicle shall not be parked on the street. [Ord. 3-7-16A § 1; Ord. 9-4-12A § 1; Ord. 12-27-11 § 5.57.]

20.50.580 OS-02 – Trash storage standards.

This outdoor storage standards (OS) section applies to the following zoning districts:
A4 M2 MP IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Prohibited. Uncontained collection of trash and debris shall be prohibited.

B. Trash Containers and Enclosures. All outdoor trash shall be contained within trash receptacles, dumpsters, compactors, and similar containers, and shall meet the following standards.

1. Enclosure Standards.

a. Trash receptacles, dumpsters, compactors, and similar containers shall be maintained indoors or outdoors on a paved surface.

b. Dumpsters, compactors, and similar containers shall be enclosed on all sides by a fence or wall constructed with brick, stone, aesthetic masonry, or similar exterior building materials as the primary structure. Gates shall be constructed from wood and/or metal and be opaque.

c. The enclosure shall be a minimum of six (6) feet or tall enough to hide all materials within the enclosure, whichever is taller.

d. All trash receptacles used for curb-side pickup are exempt from these standards.

2. Enclosure Setback. Container enclosures shall be considered an accessory structure and shall meet the setback requirements and placement requirements of accessory structures in the zoning district in which they are located. [Ord. 12-27-11 § 5.58.]

20.50.590 OS-03 – Recreational vehicle outdoor storage standards.

This outdoor storage standards (OS) section applies to the following zoning districts:
A1 A2 A3 R1 R2 VR M1 M2 MP

The following standards shall apply:

A. Storage or Parking. The storage or parking of operable recreational vehicles is subject to the following requirements:

1. Quantity. No more than two (2) recreational vehicles shall be stored or parked outdoors on a lot at any one (1) time.

2. Location.

a. A recreational vehicle may be stored in the driveway, side yard, or rear yard, but shall not be parked forward of the front facade of the primary structure. Also, the recreational vehicle shall be parked where it meets the setbacks required for a primary structure.

b. A recreational vehicle shall not be parked on the street.

c. A recreational vehicle may only be parked on a driveway for the purpose of loading, unloading, or cleaning that does not exceed seventy-two (72) hours.

d. A recreational vehicle shall not be stored on a non-residential site unless said storage is allowed as a permitted use or special exception use in the underlying zoning district.

3. Occupancy.

a. Recreational vehicles are not permitted to be used for long-term residential occupancy unless they are located within an Indiana State Department of Health (ISDH) regulated campground or RV park.

b. A recreational vehicle shall not be connected to any utilities (electric, water, sewage, generators, etc.) except for the purpose of loading, unloading, or cleaning. [Ord. 12-02-24 § 61; Ord. 3-7-16A § 1; Ord. 12-27-11 § 5.59.]

20.50.600 OS-04 – Merchandising outdoor storage standards.

This outdoor storage standards (OS) section applies to the following zoning district:
GC

The following standards shall apply:

A. Outdoor Display of Merchandise. The outdoor display and storage of products for sale or rent, and parking of vehicles for sale shall be permitted; provided, that all vehicles are parked on either asphalt, concrete or on a special display approved by the Zoning Administrator; or enclosed within a structure. Parking cars in the right-of-way, within the setback for a parking lot, or on grass or gravel shall not be permitted. [Ord. 12-27-11 § 5.60.]

20.50.610 OS-05 – Industrial and high impact outdoor storage standards.

This outdoor storage standards (OS) section applies to the following zoning districts:
I1 I2 HI

The following standards shall apply:

A. Industrial Outdoor Storage. When adjacent to a public street, outdoor storage of vehicles, equipment, product, supplies, materials, waste or scrap, pallets, and the like shall be effectively screened on all sides with a minimum six (6) foot tall privacy or security fence, at least ten (10) feet from the property line. The ten (10) foot area immediately outside the fence shall be landscaped with trees (1 per 50 lineal feet of fence) and shrubs (1 per 30 lineal feet of fence). If a utility easement exists along the property line, the fence and landscaping shall be shifted toward the interior of the property and be installed the same way, but using the easement boundary as if it were the property line. [Ord. 12-27-11 § 5.61.]

20.50.620 PK-01 – General parking standards.

This parking standards (PK) section applies to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 M2 MP IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Surface. Parking of vehicles shall not be permitted on lawns or other pervious-surfaced areas of a lot.

B. Expansion. Existing gravel parking lots may be expanded one (1) time by up to ten percent (10%) of its existing size and shall require an improvement location permit. Expanding by more than ten percent (10%) or any second expansion shall require the entire parking lot (not including permitted outdoor storage or display areas) to be paved.

C. Dimensions. Parking spaces shall be a minimum of nine (9) feet wide and eighteen (18) feet in length.

D. Right-of-Way. Parking spaces and parking lots shall not be located within a public or private right-of-way or access easement and shall be designed to prevent vehicles from maneuvering in the rights-of-way.

E. Display. Parking spaces shall not be used for display or storage of merchandise.

F. Parking for the Disabled.

1. Applicable Codes. Accessible parking spaces shall be provided per 28 CFR Part 36 (as revised), ADA Standards for Accessible Design. [Ord. 12-27-11 § 5.62.]

20.50.630 PK-02 – Single-family residential parking standards.

This parking standards (PK) section applies to the following zoning districts:
A1 A2 A3 R1 R2 VR

The following standards shall apply:

A. Minimum Number. See Table PK-A.

B. Location.

1. Same Lot. The parking spaces required shall be located on the same lot as the dwelling unit.

2. Garages. The parking spaces shall not include spaces within car ports or garages. [Ord. 12-02-24 § 62; Ord. 12-27-11 § 5.63.]

20.50.640 PK-03 – Multiple-family residential and manufactured home park parking standards.

This parking standards (PK) section applies to the following zoning districts:
M1 M2 MP

The following standards shall apply:

A. Minimum Number. See Table PK-A.

B. Location. Required parking spaces shall be located on each dwelling site in a manufactured home park. Required parking spaces shall be located within two hundred (200) feet of each dwelling unit within a multiple-family residential development.

C. Visitor Parking.

1. Quantity. A minimum of one (1) off-street space per three (3) units is required for visitor parking and shall be spread evenly throughout the development.

2. Garages. Visitor parking spaces may not include spaces in car ports or garages.

D. Surface. Required parking areas shall be paved. Existing gravel parking lots may be expanded one (1) time by up to ten percent (10%) of its existing size and shall require an improvement location permit. Expanding by more than ten percent (10%) or any second expansion shall require the entire parking lot (not including permitted outdoor storage or display areas) to be paved. [Ord. 12-02-24 § 63; Ord. 12-27-11 § 5.64.]

20.50.650 PK-04 – Nonresidential parking standards.

This parking standards (PK) section applies to the following zoning districts:
A4 IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Parking Lot Standards.

1. Setbacks.

a. Front, Side, and Rear. Parking lots may project into the front, side, and rear yard setback by fifty percent (50%) of the minimum front, side, or rear yard setback.

b. Entrance and exit drives may be located within the setback area.

2. Parking Aisle Widths. Minimum parking aisle widths shall be as follows:

a. Ninety-degree (90º) angle space. Twenty-four (24) feet wide parking aisle for one- or two-way traffic.

b. Sixty-degree (60º) angle space. Eighteen (18) feet wide parking aisle for one-way traffic.

c. Forty-five-degree (45º) angle space. Fourteen (14) feet wide parking aisle for one-way traffic.

3. Parking Aisle Exits. All parking aisles shall have an outlet or turn around. Dead-end parking aisles shall not be permitted.

4. Driving Lanes. Driving lanes in parking lots that provide access to parking aisles shall be clearly striped or be curbed.

5. Drainage. Parking lots shall be constructed to allow proper drainage.

6. Connectivity.

a. Where a parking lot abuts one (1) or more lots zoned for commercial use (including planned development zoning districts that allow commercial development), parking spaces, parking aisles, and driving lanes shall be laid out in a manner that will allow for the connection of the parking lots on the adjoining lots. The Zoning Administrator may waive this requirement when not significantly feasible.

b. Cross-Access Easements.

i. Where parking lots connect or are laid out to be connected, a cross-access easement shall be established in accordance with the requirements of Chapter 20.70 JCC, Design Standards.

ii. Cross-access easements shall not be less than twenty (20) feet nor exceed thirty (30) feet in width.

7. Shared Parking Areas. A group of adjoining properties may provide a shared parking lot if the following standards are met:

a. The parking lot provides a minimum of seventy-five percent (75%) of the required spaces for each use.

b. The Zoning Administrator approves the shared parking lot.

c. All structures or uses utilizing the shared parking lot shall be located within three hundred (300) feet of the parking lot.

8. Cart Corrals. Cart corrals are required for all commercial uses with more than twenty thousand (20,000) square feet of floor area that provide shopping carts to customers. The cart corrals shall be made of durable, permanent materials and be permanently affixed to the surface of the parking lot. The cart corrals shall be kept in good condition and repair at all times. A single cart corral shall not exceed ten (10) feet in width by thirty-six (36) feet in length.

9. Minimum Number of Vehicle Spaces.

a. Off-street parking shall be required for all uses as shown in Table PK-A, Minimum Number of Parking Spaces per Use. The numbers do not guarantee the quantity needed per use; only minimums are expressed.

b. If a structure combines two (2) or more uses, the parking requirement is figured by taking seventy-five percent (75%) of the sum of the minimum number of spaces allowed for each use.

c. If a use is not clearly noted in Table PK-A, Minimum Number of Parking Spaces per Use, the Zoning Administrator shall determine into which land use the proposed development best fits, therefore determining the minimum number of parking spaces required.

10. Maximum Number of Vehicle Spaces. Uses are prohibited from providing more than one hundred twenty percent (120%) of required spaces unless more spaces are approved by the Zoning Administrator.

11. Reduced Parking Lot Area Standards. At their discretion, the Administrator may authorize a reduction in the minimum number of required spaces if the applicant provides either:

a. Calculations showing the minimum number of spaces needed by using the most recent version of the Institute of Transportation Engineers (ITE) “Parking Generation.”

b. Documentation based on a reputable source that is approved by the Administrator that the required parking for the specific use exceeds the parking need.

12. Bicycle Parking Areas.

a. Bicycle parking areas shall be provided to sites that have access to bike paths or trails.

b. The bicycle parking areas shall be located within sixty (60) feet of the main entryway into the primary structure or be located inside the primary structure.

c. A bicycle rack shall be installed in the bicycle parking area to secure the bicycles.

B. Stacking Lanes. The following uses shall provide adequate stacking lane space to accommodate the number of vehicles specified as follows:

1. Bank machine/ATM: 2.

2. Bank/credit union: 4.

3. Church, temple, or mosque: 10.

4. Day care: 6.

5. Dry cleaner: 3.

6. Pick-up windows on any unlisted use: 5.

7. Restaurant with drive-up window: 7.

8. School (P-12): 10.

Table PK-A. Minimum Parking Requirements

Land Use Category

Permitted Location

Minimum Spaces Required

(Additional Spaces May Be Required at the Discretion of the Administrator)

Residential Uses

On-Site

• Single-family and two-family: 2 spaces per dwelling unit

• Multi-family: 1.50 spaces per dwelling unit

Commercial Uses

On-Site or Shared Parking

• 2.5 spaces per 1,000 sq ft of gross floor area, excluding storage areas;

• 1 space per 4 people based on maximum building occupancy; or

• 1.5 spaces per employee during largest shift

Industrial Uses

On-Site or Shared Parking

• 1 space per 1,000 sq ft of gross floor area, excluding storage areas; or

• 1 space per 3 employees during the largest shift

Institutional Uses

On-Site or Shared Parking

• 2.5 spaces per 1,000 sq ft of gross floor area, excluding storage areas;

• 1 space per 4 people based on maximum building occupancy;

• 1 space per 4 beds or patient rooms; or

• 1.5 spaces per employee during largest shift

Accessory Uses

On-Site

• As determined by the Administrator based on similar uses, similar number of employees, or similar number of guests

[Ord. 12-02-24 §§ 64, 65; Ord. 12-27-11 § 5.65.]

20.50.660 PF-01 – Performance standards.

This performance standards (PF) section applies to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 M2 MP IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Obnoxious Characteristics. No use shall exhibit obnoxious characteristics to the extent that it constitutes a public nuisance. No use in existence on the effective date of this Unified Development Code shall be so altered or modified to conflict with these standards.

B. Fire Protection. Fire fighting equipment and prevention measures acceptable to the Fire Department and any Federal, State, County, city, and/or local authorities that may also have jurisdiction shall be readily available and apparent when any activity involving the handling or storage of flammable or explosive materials is conducted.

C. Electrical Disturbance. No use shall cause electrical disturbance adversely affecting radio, television, or other equipment in the vicinity.

D. Noise. No use shall produce noise in such a manner as to be objectionable because of volume, frequency, intermittence, beat, shrillness, or vibration. Said noise shall be muffled or otherwise controlled so as not to become detrimental. However, public safety sirens and related apparatus used solely for public purposes shall be exempt from this standard. This provision does not apply to A1, A2, A3 or A4 zoning districts.

E. Vibration. No use shall cause vibrations or concussions detectable beyond the lot lines without the aid of instruments.

F. Odor. No use shall emit across the lot lines malodorous gas or matter in such quantity as to be detectable at any point along the lot lines. This provision does not apply to A1, A2, A3 or A4 zoning districts.

G. Air Pollution. No use shall discharge across the lot lines fly ash, dust, smoke, vapors, noxious, toxic or corrosive matter, or other air pollutants in such concentration as to be detrimental to health, animals, vegetation, or property, or conflict with public air quality standards. Outdoor furnaces, corn burners, and the like are not permitted. This provision does not apply to A1, A2, A3 or A4 zoning districts.

H. Heat and Glare. No use shall produce heat or glare in such a manner as to be a nuisance or create a hazard perceptible from any point beyond the lot lines.

I. Water and Solid Waste Pollution.

1. Production. No use shall produce erosion or pollutants in such quantity as to be detrimental to adjacent properties or conflict with public water quality standards.

2. Discharge. No authorization of a use under this Unified Development Code includes the authority to discharge liquid or solid wastes into public waters except as permitted under the Stream Pollution Control Law (Acts 1943, Chapter 214, as amended). Plans and specifications for proposed sewage and other waste treatment and disposal facilities shall be approved by any Federal, State, County, city, and/or local authorities that may also have jurisdiction.

3. Limitations. No use shall accumulate within the lot or discharge beyond the lot lines any waste matter, whether liquid or solid, in conflict with applicable public health, safety, and welfare standards and regulations. [Ord. 12-27-11 § 5.66.]

20.50.670 PN-01 – Pond standards.

This pond standards (PN) section applies to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 M2 MP IS LB GC HC CP I1 I2 HI

The following pond standards apply:

A. Applicability. Any manmade pond or water body not regulated as a retention or detention pond shall conform to the standards in this section, except if the pond is less than two hundred (200) square feet in surface area.

B. Permits and Approvals.

1. Improvement Location Permit. An improvement location permit is required for any manmade ponds or water bodies not regulated as a retention or detention pond, and that is greater than ten thousand (10,000) square feet in surface area.

2. Drainage Board Approval. Drainage Board approval is required for any manmade ponds or water bodies not regulated as a retention or detention pond, and that is greater than ten thousand (10,000) square feet in surface area.

3. Rule 5 Permit. Any project site owner engaged in construction-related activities (any manmade change of the land surface, including removing vegetative cover that exposes the underlying soil, excavating, filling, transporting, and grading) that disturbs one (1) or more acres of land may be required to obtain a “Rule 5” storm water run-off permit under 327 IAC 15-5 from the IDEM Office of Water Quality.

C. General Location. It is encouraged to locate a pond where drainage tiles or swales will not have to be cut, modified or relocated. However, in the event a pond is located such that it interferes with drainage tiles or swales, those tiles or swales shall be rerouted or repaired if damaged or affected by the construction of the pond.

D. Setbacks – General. The top of bank for all ponds shall be at least forty (40) feet from all property lines, rights-of-way, septic tanks and drainfields, and drinking water wells.

E. Pond Safety.

1. Maximum Side Slope. The side slope from the pre-existing average natural elevation of the property to the water’s edge shall not exceed a 4:1 ratio (four (4) feet of run with one (1) foot of fall). This maximum slope shall also apply to the side slope to two (2) feet below the average water mark.

2. Safety Shelf. The depth of the pond shall not exceed two (2) feet below the average water mark anywhere within ten (10) feet of the pond edge.

F. Maximum Outflow Rate. When outflow from a pond directly or indirectly is into a regulated drain, or into a tile or swale that directly discharges to a regulated drain, then the Jasper County Drainage Board shall determine the maximum outflow rate.

G. Outlets. All outlets shall include trash racks and anti-vortex devices. All pipe joints are to be watertight and installed according to the Jasper County Drainage Board.

H. Discharge.

1. Adequate Discharge. When outflow from a pond directly or indirectly is into a regulated drain, or into a tile or swale that directly discharges to a regulated drain, the Jasper County Drainage Board shall determine if an adequate facility (e.g., tile or natural drain) exists, or will determine where and how the discharge will be directed. If an adequate facility does not exist, the Jasper County Drainage Board can deny the pond.

2. Off-Site Discharge. Water discharge shall not flow onto or across a neighboring property, unless a drainage easement is established by all property owners; or unless said drainage already existed prior to building the pond as long as the volume and velocity of the water does not increase.

I. Berms. Berms adjacent to a pond shall not exceed ten (10) feet in height or fifteen percent (15%) slope. The base of the berm, as well as any improvements (including fill or cut slopes) associated with the pond, shall be set back at least forty (40) feet from all property lines and rights-of-way. [Ord. 12-02-24 § 66; Ord. 3-7-16A § 1; Ord. 12-27-11 § 5.67.]

20.50.680 PI-01 – Public improvement standards.

This public improvement standards (PI) section applies to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 M2 MP IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Applicability. The following standard applies to all development, except developments located on or within 2,640 feet of a highway or arterial street.

B. Adequate Public Facilities. Developments are permitted only if the public streets are adequate to serve the proposed development.

1. Public Streets.

a. Developments that generate more than 400 passenger vehicle and small truck trips, or 100 large trucks (e.g., box trucks) or farm equipment trips, or thirty (30) semi tractor trailer trips; to and/or from the site per day shall be required to finance a traffic and street impact study commissioned by Jasper County to determine the proposed development’s impact to the public streets. The Plan Commission shall make a determination based on that study as to whether the public street(s) are designed to effectively and safely convey the existing and added traffic generated by the development, or whether the street will be prematurely degraded by the added traffic generated by the development.

b. If the public street(s) is (are) determined to not be able to handle the added traffic, the Plan Commission may deny the development or allow it with mitigating conditions. Mitigating conditions, if necessary, shall be determined by the Plan Commission and Technical Advisory Committee based on engineering practices.

C. Guarantees. When mitigating conditions are required, the developer or authorized representative may be required to provide a surety that guarantees such improvements will be completed. [Ord. 12-27-11 § 5.68.]

20.50.690 RL-01 – Rural residential standards.

This rural residential standards (RL) section applies to the following zoning districts:
CO A1 A2 A3 R1

The following standards apply to any residential property adjacent to an A1, A2 or A3 zoning district:

A. Landscaping and Garden Setback. It is recommended that any new tree, shrub, vegetable garden, flower garden, and other living landscaping, excluding lawn grasses, shall be located at least twenty (20) feet from any property line that is adjacent to land zoned as an A1, A2 or A3 zoning district.

B. Wellhead Setback. A new wellhead shall not be located any closer than one hundred (100) feet from any property line that is adjacent to land zoned as an A1, A2, A3 or A4 zoning district.

C. Waiver of Right to Remonstrate. Any proposed primary structure intended to be used for a residence, when the property is adjacent to either an A1, A2 or A3 zoning district, shall be required to sign an affidavit that indicated that they are aware that the adjacent land is zoned for agricultural purposes and that agricultural uses are permitted on the adjacent land, including: application of manure from animal operations, operating large equipment late at night, application of approved pesticides, herbicides, fungicides, and the like, application of chemical fertilizers, potential for dust to drift onto and across the subject property, potential for plant debris or soil to be cast onto the subject property, and similar agricultural practices. The owner of the proposed primary structure shall also declare in the affidavit that they will not remonstrate against any agricultural practices consistent with normal and common practice and that is operating within the law. The affidavit shall be recorded with the Jasper County Recorder prior to issuance of an improvement location permit and shall be binding on all future owners. [Ord. 12-02-24 § 67; Ord. 3-7-16A § 1; Ord. 12-27-11 § 5.69.]

20.50.700 SB-01 – Setback standards.

This setback standards (SB) section applies to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 M2 MP IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Applicability. If a setback standard does not appear in the section for a zoning district, then the standard does not apply to that particular zoning district.

B. Minimum Dwelling Site Front Setback. The minimum dwelling site front setback shall be per each section in Chapter 20.20 JCC, Zoning Districts.

C. Minimum Dwelling Site Side Setback. The minimum dwelling site side setback shall be per each section in Chapter 20.20 JCC, Zoning Districts.

D. Minimum Dwelling Site Rear Setback. The minimum dwelling site rear setback shall be per each section in Chapter 20.20 JCC, Zoning Districts.

E. Minimum Front Setback.

1. Generally. The minimum front setback shall be as per each section in Chapter 20.20 JCC, Zoning Districts.

2. Established Setback. Where a subdivision has been platted and substantially built-out utilizing a front setback standard less than that required by Chapter 20.20 JCC, Zoning Districts, an infill lot may utilize the established setback as defined in Chapter 20.110 JCC, Definitions.

3. Measurement. All front yard setbacks shall be measured from the proposed right-of-way line as shown on the Jasper County Thoroughfare Plan.

F. Minimum Side Setback.

1. Generally. The minimum side setback shall be as per each section in Chapter 20.20 JCC, Zoning Districts.

2. Established Setback. Where a subdivision has been platted and substantially built-out utilizing a side setback standard less than that required by Chapter 20.20 JCC, Zoning Districts, an infill lot may utilize the established setback as defined in Chapter 20.110 JCC, Definitions, thus allowing consistent setbacks.

3. When Six (6) Feet or Less. When a primary structure is proposed to be six (6) feet or less from a side property line, the exterior building materials on the side elevation of the primary structure shall be comprised of at least ninety-five percent (95%) noncombustible material (e.g., brick, fiber-cement, stone, or masonry).

G. Minimum Rear Setback.

1. Generally. The minimum rear setback shall be as per each section in Chapter 20.20 JCC, Zoning Districts.

2. Established Setback. Where a subdivision has been platted and substantially built-out utilizing a rear setback standard less than that required by Chapter 20.20 JCC, Zoning Districts, an infill lot may utilize the established setback as defined in Chapter 20.110 JCC, Definitions.

H. Natural Feature Setbacks.

1. Structure Setback from Lakes, Streams, and Rivers. The following structures shall be set back from the water’s edge of lakes, streams and rivers, not regulated ditches, by the following distances:

a. Paved parking lots: One hundred (100) feet.

b. Residential single-family, residential multiple-family, and nonresidential primary structures: Seventy-five (75) feet.

c. Filtration strip: A thirty-five (35) foot natural area shall be established or maintained along the water’s edge predominantly as nonmanicured vegetation (e.g., trees, underbrush, weeds, prairie grass, and wildflowers).

2. Wetlands. All structures shall be set back from the delineated boundary of a wetland by a minimum of fifteen (15) feet.

3. Floodplain. All structures shall be set back from the delineated boundary of a floodplain by a minimum of twenty-five (25) feet.

I. Exceptions. The following types of structures or building features are exempt or partially exempt from the setback standard as stated:

1. Architectural Features. Architectural features (e.g., cornice, eave, sill, awning, canopy or similar feature) may extend into a required front, side, and/or rear setback by no more than three (3) feet. However, under no circumstance shall they be closer than three (3) feet to the property line.

2. Chimneys. Chimneys may extend into a required setback by no more than two (2) feet. However, under no circumstance shall they be closer than three (3) feet to the property line.

3. Fences and Walls. Fences and walls are exempt from the setbacks in this section, but shall abide by the fence and wall standards in Chapter 20.50 JCC, Development Standards.

4. Utility Poles, Lines, and Junction Boxes. Utility poles, lines, and junction boxes are exempt from the setbacks in this section.

5. Stairs. Stairs or an open platform or landing used to gain access to the first floor of the primary structure may extend into a required front, side, and/or rear setback not more than five (5) feet; however, they shall never be closer than five (5) feet to a property line.

6. Retaining Walls. Retaining walls may extend into the required setback and be on the property line if no greater in height than four (4) feet. Retaining walls may extend into the required setback but shall be not closer to the property line than its height, except as described in the previous sentence.

7. HVAC Equipment. Ground mounted heating, ventilation and air conditioning equipment may extend into a required rear setback by up to three (3) feet. However, under no circumstance shall they be closer than four (4) feet to the property line. [Ord. 12-02-24 § 68; Ord. 12-27-11 § 5.70.]

20.50.710 SW-01 – Sewer and water standards.

This sewer and water standards (SW) section applies to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 M2 MP IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Cross Reference. All on-site sewer systems and on-site wells are additionally regulated by the Jasper County Health Department. All development must conform to the stricter standards of the two.

B. Applicability. If a sewer and water standard does not appear in the section for a zoning district, then a sewer and water standard does not apply to that particular zoning district.

1. Sewer. Connection to a sanitary sewer shall be per each section in Chapter 20.20 JCC, Zoning Districts.

2. Water. Connection to a water utility shall be per each section in Chapter 20.20 JCC, Zoning Districts.

C. Requirement for Connecting to Sewer System. A septic system (i.e., on-site treatment system) shall not be permitted if either of the conditions exist in relation to the subject property:

1. Proximity to Gravity Sewer Line. If a property is located within 300 feet of a gravity sewer line, any new primary structure located on that property shall connect to that sewer.

2. Proximity to Pressurized Sewer Line. If a multiple-family (in the M2 district only), manufactured home park, commercial, or industrial zoned lot is located within 300 feet of a pressurized (forced) sewer line, any new primary structure located on that property shall connect to that sewer.

D. Requirement for Connecting to Water System. A private well shall not be permitted if the following condition exists in relation to the subject property:

1. Proximity to a Water Main. If a property is located within 300 feet of a water main, any new primary structure located on that property shall connect to that water. [Ord. 12-27-11 § 5.71.]

20.50.715 SH-01 – Short-term rental standards.

This short-term rental standards section applies to the following zoning districts:

A1 A2 R1 R2

The following standards shall apply:

A. Purpose. The purpose of the short-term rental standards is to ensure compliance with the provisions of IC 36-1-24 as well as:

1. Set an appropriate balance between the interests of the jurisdiction’s residents, business owners, visitors to the community, and property owners wishing to engage in short-term rental of dwellings;

2. Ensure issues related to fire safety and life safety codes are met;

3. Provide additional housing options in the community; and

4. Allow homeowners to benefit from added income.

B. Development Standards.

1. Structure Types.

a. Permitted Structure Types.

i. A short-term rental unit shall be located in a lawfully built dwelling unit that meets all applicable building code requirements.

ii. A short-term rental unit may be within a primary dwelling or within an accessory dwelling unit that conforms with JCC 20.50.035, Accessory dwelling standards.

b. Prohibited Structure Types.

i. A recreational vehicle, travel trailer, automobile, shipping container, or similar structure.

ii. A motor vehicle, or a part of a motor vehicle.

iii. Any structure not intended for permanent human occupancy.

2. Parking. Parking shall comply with the parking standards applicable in JCC 20.50.630 and 20.50.640.

3. Signs. Signs shall comply with JCC 20.50.740(A)(2). [Ord. 12-02-24 § 69.]

20.50.720 SI-01 – General sign standards.

This sign standards (SI) section applies to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 M2 MP IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Freedom of Speech. Any permanent sign or standard temporary sign permitted by the sign standards may be used for freedom of speech purposes for any length of time.

B. Permits.

1. Improvement Location Permit. An improvement location permit shall be required for all signs located, erected, constructed, reconstructed, moved, or structurally altered unless otherwise specified in this section.

2. State Permit. All signs proposed to be located along a State-owned or managed interstate or highway shall obtain the proper State sign permit or written authorization from the Indiana Department of Transportation prior to seeking an improvement location permit.

3. Easement Holder Approval. All signs proposed to be located within an easement shall obtain written approval from the easement holder for the proposed sign prior to seeking an improvement location permit. However, no sign shall be located fully or partially within a drainage easement.

C. Cross Reference – Lighting Standards. When illumination of signs is permitted by this sign standards section, all illumination and lighting associated with signs shall meet the glare, light trespass, and other provisions in the lighting standards.

D. Exempt. The following items as described are not considered commercial messages and shall be exempt from the sign standards and, therefore, exempt from obtaining an improvement location permit. Items that do not meet the description and that are used as part of a commercial message shall be regulated as a sign. Also, some items may be considered accessory structures and be subject to the accessory structure standards (e.g., scoreboards and directional devices).

1. Flags. A flag, pennant, or insignia of any nation, state, city, or other political unit is exempt. However, when a flag, pennant, or insignia of any nation, state, city, or other political unit is used as an integral component of a commercial message, it shall comply with the sign standards for the applicable zoning district. For example, an American Flag integrated into a corporation’s brand or logo.

2. Outdoor Scoreboard. An outdoor scoreboard used in conjunction with a legally established sport field is exempt. However, when the scoreboard is visible from a public street and contains a commercial message, it shall comply with the sign standards for the applicable zoning district.

3. Face Change. Changing the sign face shall be exempt from an improvement location permit. However, a change to the sign face shall not result in a change in the sign’s size, height, construction materials, or method of conveying the message (e.g., replacing a wood sign face with an LED sign face).

4. Addresses. Posting of a street address on a mailbox, building, or other prominent location to provide adequate property identification. However, when a street address is used as a commercial message or is disproportionately large, it shall comply with the sign standards for the applicable zoning district. For example, the address being illustrated with ladders and slides for a store selling children’s playsets.

5. Property Name. A name given to a property and posted by the owners, and that does not exceed five (5) square feet in sign area is exempt. For example “Dream Cottage” or “Dudley’s Ranch.” However, if the property is used for a commercial purpose (e.g., a home business, bed and breakfast, vacation rental, or has agricultural tourism) the property name sign shall not be exempt.

6. Public Safety Message. Posting of a public safety or private property message; provided, that no individual posting exceeds the maximum area permitted for a standard temporary sign in the applicable zoning district. Examples include “Beware of Dog,” “Private Property,” “No Trespassing,” “Gas Line,” “Weight Limit,” “Video Surveillance,” and “No Turnaround.”

7. Operational Limitations or Information. Posting of operational limitations and information provided the posting is no larger than necessary for the intended reader. Examples include hours of operation, admittance requirements, “Employees Only,” “Men,” “Women,” “Visitor Parking,” and “No deliveries.”

8. Required Postings. Messages required by a State agency, State law, Federal agency, or Federal law provided the area of the message and height of posting be the minimum required by the agency or law.

9. Indoor Commercial Messages. Commercial messages displayed inside a building that cannot be viewed legibly by pedestrians or drivers outside the building. Examples include a commercial message on a scoreboard inside a gymnasium, a wall clock inside a restaurant with a branded logo, and a large framed image of a product mounted on the wall of a retail store.

10. Minuscule Commercial Messages. Minuscule commercial messages displayed on or near a primary entrance; provided, that the area of each minuscule commercial message does not exceed thirty (30) square inches and the cumulative area of all minuscule commercial messages does not exceed two hundred eighty-eight (288) square inches per primary entrance. Examples include “Visa,” “Master Card,” “Diner’s Club,” “ATM,” and corporate logos.

11. Murals. A mural that conveys no commercial message. Murals with a commercial message shall be regulated as a wall sign.

E. Prohibited Signs.

1. Prohibited Types.

a. Flashing Lights. Flashing lights, including strobe lights, or electronic changeable copy that is programmed or otherwise allowed to flash shall not be permitted on a lot when visible from a public right-of-way.

b. Vehicle Signs. Vehicles with a sign area greater than fifty (50) square feet in cumulative area shall not be permitted to be parked for the primary purpose of displaying the sign. Prohibited vehicle signs shall not be construed to include vehicles with signs on them that:

i. Are lawfully parked overnight or during non-business hours on a paved surface in a discreet location, or on any unimproved surface that is enclosed;

ii. Are making deliveries, sales calls, transporting persons or property, or customary practices relating to operating the business; or

iii. Are used in conjunction with customary construction operations on a construction site.

c. Skyward Lights. Except when permitted as a special temporary sign, search lights, beacons, or any light or lights that project light in visible beams skyward, or project light horizontally or vertically in a circle or other pattern shall not be permitted regardless if the light is part of or independent of a sign.

d. Moving Signs or Signs with Movable Parts. Except when permitted as a special temporary sign, moving signs or signs with visibly moving parts, including human beings holding or acting as signs, shall not be permitted.

e. Animated Signs. Signs that gain attention through animation, video, scrolling, or hologram shall not be permitted; including any electronic changeable copy that changes more frequently than every five (5) seconds.

2. Content.

a. Signs that contain obscene content, indecent content, “fighting words,” or profane words that are not allowed on broadcast television or radio during daytime hours according to the rules of the FCC shall not be permitted.

b. Signs that emulate emergency service vehicles or common traffic signs or signals shall not be permitted (e.g., signs that use “Stop,” “Slow,” “Caution,” “Danger,” “Warning,” or similar words with similar shapes, mounting, materials, scale, color, and location resulting in driver confusion or otherwise unsafe conditions).

F. Prohibited Locations. Signs, regardless of type, shall not be permitted in any of the following locations:

1. Right-of-Way. Signs shall not be permitted in any right-of-way unless authorized by the County Commissioners, except as specified in JCC 20.50.720 through 20.50.810 , sign standards.

2. Poles. Signs shall not be permitted on any traffic control device, street sign, construction sign, or utility pole.

3. Fences. Signs shall not be permitted on any fence.

4. Trees. Signs shall not be permitted to be attached to any tree, shrub, or other natural object.

5. Benches. Signs shall not be permitted to be attached to or integrated into any bench or outdoor seating.

6. Towers. Signs shall not be permitted to be attached to or integrated into any antennas, wireless support structure, television antennas, or similar towers.

7. Roofs. Signs shall not be permitted to be attached to or be perceived to be attached to the roof of a structure. This provision includes signs integrated into the roofing material.

8. Fire Safety Obstruction. Signs shall not be permitted on a fire escape or in a manner that substantially blocks view from the right-of-way to a fire door.

9. Obstructs Circulation. Signs that obstruct or interfere with internal or external safe movement of vehicular or pedestrian traffic shall not be permitted.

10. Elevation. Artificially altering the elevation of the ground to improve the visibility of a sign shall not be permitted. Likewise, increasing the height of a wall or creating a parapet wall to improve the visibility of a sign shall not be permitted.

11. Vision Clearance. Signs shall not be permitted in areas prohibited by JCC 20.50.910 VC-01 – Vision clearance standards.

G. Sign Lighting. Any sign that is internally or externally illuminated, or a sign which utilizes electronic changeable copy, shall be subject to the light trespass and glare regulations within the lighting standards. Also, electronic changeable copy shall have a device that monitors ambient light and automatically dims the sign face proportionately as the daylight is lost (e.g., during storms or at the end of the day) and maintains that dimmed status until daylight returns.

H. Maintenance. All signs and sign components shall be kept in good repair and in safe, clean, and working condition. If landscaping is required around the base of a sign, it shall be maintained in living condition, consistent in character with the approval, and not overgrown. [Ord. 12-02-24 § 70; Ord. 3-7-16A § 1; Ord. 12-27-11 § 5.72.]

20.50.730 SI-02 – Conservation and parks and recreation sign standards.

This sign standards (SI) section applies to the following zoning districts:
CO PR

The following standards shall apply:

A. Permanent Signs. Permanent wall and ground signs shall be permitted, and the cumulative square footage of all permanent signs shall not exceed sixty (60) square feet.

1. Wall Signs. Wall signs shall be permitted provided the following conditions are met.

a. Quantity. One (1) wall sign shall be permitted.

b. Sign Area. The wall sign area shall not exceed twenty-five (25) square feet.

c. Projection. The wall sign shall not project more than four (4) inches from the face of the building to which it is attached.

d. Illumination. The wall sign may be illuminated by externally mounted lights.

2. Ground Signs. Ground signs shall be permitted provided the following conditions are met.

a. Quantity. One (1) ground sign shall be permitted.

b. Sign Area. The ground sign area shall not exceed sixty (60) square feet.

c. Changeable Copy. Up to fifty percent (50%) of the permitted sign area may be changeable copy.

d. Height Above Ground. The ground sign shall not exceed six (6) feet above the ground.

e. Double-Sided. If a ground sign has two (2) identical sides, back-to-back, only one (1) side’s area counts toward the maximum cumulative square footage.

f. Location. A ground sign shall be located ten (10) feet or more from any existing or proposed right-of-way, street, curb, sidewalk, driveway, and property line.

g. Landscaping. Landscaping shall be installed around the base of a ground sign as follows:

i. Quantity. At least one (1) shrub per three (3) lineal feet of ground sign base shall be installed.

ii. Location. All required plants shall be located within five (5) feet of the ground sign base.

iii. Double-Sided Ground Signs. Any double-sided ground sign shall have landscaping on both sides.

h. Electronic Changeable Copy. If electronic changeable copy is used, it shall be integrated into the permanent ground sign and shall only include cyclical or static messages, regardless if the sign is capable of flashing messages.

i. Illumination. The ground sign may be illuminated by external source.

B. Temporary Signs.

1. Permits. Standard temporary signs shall be exempt from obtaining an improvement location permit, but shall comply with applicable standards.

2. Location. A temporary sign shall be located ten (10) feet or more from any existing right-of-way, street, curb, sidewalk, driveway, and property line.

3. Illumination. Temporary signs shall not be illuminated.

4. Standard Temporary Signs. Standard temporary signs shall be permitted provided the following conditions are met.

a. Type. A standard temporary sign shall be a yard sign.

b. Quantity. One (1) standard temporary sign shall be permitted for each street the lot fronts with an absolute maximum of two (2). No two (2) standard temporary signs shall be closer than eighty (80) feet to one another.

c. Sign Area. The sign area for a standard temporary sign shall not exceed thirty-six (36) square feet per side.

d. Height Above Ground. No part of a standard temporary sign shall be more than four (4) feet above the ground.

e. Duration. A standard temporary sign may stay in place for up to thirty (30) days from the date the sign is erected. [Ord. 3-7-16A § 1; Ord. 12-27-11 § 5.73.]

20.50.735 SF-01 Special event facility standards.

This special event facility standards (SE) section applies to the following zoning districts:

CO PR A1 A2 A4

The following standards shall apply:

A. Purpose. The purpose of the special event facility standards is to ensure that the use and establishment of the facility remains accessory to the residential or agricultural use of the property and does not have a negative impact on the surrounding agricultural or residential areas.

B. Use and Operational Standards – Hours of Operation. The special event operation period shall be limited to the hours of 8:00 a.m. to 12:00 a.m. All events shall comply with all applicable local nuisance and noise ordinances.

C. Development Standards.

1. Lot Standards. Minimum lot size shall be three (3) acres. All setbacks shall be in accordance with the respective zoning district. This includes any temporary structures such as tents, canopies, stages, and dance floors.

2. Dust Control. Dust shall be minimized by reducing vehicle speeds on driveways and parking areas. During dry conditions, the application of water or other approved dust controlling measure is required. Parking areas shall be paved and comply with the parking standards of this chapter.

3. Lighting. All outdoor lighting associated with the special event shall be turned off by 12:00 a.m. and conform to the lighting standards of this chapter.

4. Signage. In addition to the permitted signage for the underlying zoning district, temporary directional signs are allowed during event activities provided they are placed outside of the rights-of-way.

5. Utilities. The facility shall provide a potable domestic water supply and an on-site sewage disposal/storage or sewer service connection necessary to accommodate the special events to the satisfaction of the Jasper County Health Department.

D. Procedures. All special event facilities require development plan approval and shall include a plan for traffic, parking, sewage disposal/storage, and circulation plan. All required state and local permits and licenses must be provided with the development plan. In addition, the Plan Commission or Zoning Administrator shall make specific findings and may establish conditions relative to the consideration of:

1. The physical design and operating characteristics of the facility.

2. The intensity of the proposed use and density of the surrounding area.

3. The distance to surrounding sensitive elements, including residents and livestock.

4. The type of sound potentially generated by the facility and what allowances for amplified sound may take place.

5. The allowed number of events per year and the frequency of events.

6. Traffic, parking, and vehicle circulation.

7. Sewage disposal and/or storage.

8. Compliance with all state and local permits and licenses. [Ord. 12-02-24 § 71.]

20.50.740 SI-03 – Agricultural sign standards.

This sign standards (SI) section applies to the following zoning districts:
A1 A2 A3

The following standards shall apply:

A. Permanent Signs. Permanent wall and yard signs shall be permitted, and the cumulative square footage of all permanent signs shall not exceed forty (40) square feet.

1. Wall Signs. Wall signs shall be permitted provided the following conditions are met.

a. Quantity. One (1) wall sign shall be permitted.

b. Sign Area. The wall sign area shall not exceed thirty (30) square feet.

c. Projection. The wall sign shall not project more than two (2) inches from the face of the building to which it is attached.

d. Illumination. The wall sign shall not be illuminated.

2. Yard Signs. Yard signs shall be permitted provided the following conditions are met.

a. Quantity. One (1) yard sign shall be permitted.

b. Sign Area. The yard sign area shall not exceed fifteen (15) square feet.

c. Changeable Copy. None permitted.

d. Height Above Ground. The yard sign shall not exceed four (4) feet above the ground.

e. Double-Sided. If a yard sign has two (2) identical sides, back-to-back, only one (1) side’s area counts toward the maximum cumulative square footage.

f. Location. A yard sign shall be located ten (10) feet or more from any existing or proposed right-of-way, street, curb, sidewalk, driveway, and property line.

g. Illumination. The yard sign shall not be illuminated.

B. Temporary Signs.

1. Permits. Standard temporary signs and temporary marker signs shall be exempt from obtaining an improvement location permit, but shall comply with applicable standards.

2. Location. A temporary sign shall be located ten (10) feet or more from any existing right-of-way, street, curb, sidewalk, driveway, and property line.

3. Illumination. Temporary signs shall not be illuminated.

4. Standard Temporary Signs. Standard temporary signs shall be permitted provided the following conditions are met.

a. Type. A standard temporary sign shall be a yard sign.

b. Quantity. One (1) standard temporary sign shall be permitted for each street the lot fronts with an absolute maximum of two (2). No two (2) standard temporary signs shall be closer than eighty (80) feet to one another.

c. Sign Area. The sign area for a standard temporary sign shall not exceed thirty-six (36) square feet per side.

d. Height Above Ground. No part of a standard temporary sign shall be more than four (4) feet above the ground.

e. Duration. A standard temporary sign may stay in place for up to thirty (30) days from the date the sign is erected.

5. Temporary Marker Signs. Temporary marker signs shall only be permitted on a lot having 300 feet or more of street frontage, provided the following conditions are met.

a. Type. Temporary marker signs (e.g., seed sign) shall be yard signs.

b. Quantity. Up to thirty (30) temporary marker signs shall be permitted per lot.

c. Sign Area. A single temporary marker sign shall not exceed three (3) square feet in sign area per side.

d. Height Above Ground. No part of a temporary marker sign shall be more than eight (8) feet above the ground.

e. Duration. A standard temporary marker sign may stay in place for up to thirty (30) days from the date the sign is erected. [Ord. 3-7-16A § 1; Ord. 12-27-11 § 5.74.]

20.50.750 SI-04 – Single-family residential sign standards.

This sign standards (SI) section applies to the following zoning districts:
R1 R2 VR

The following standards shall apply:

A. Cross Reference – Subdivision Entryway Signs. See JCC 20.70.090, EF-01 – Entryway feature standards.

B. Permanent Signs. Permanent signs shall not be permitted.

C. Temporary Signs. A temporary sign shall be permitted as follows:

1. Permits. Standard temporary signs shall be exempt from obtaining an improvement location permit, but shall comply with applicable standards.

2. Location. A temporary sign shall be located ten (10) feet or more from any existing right-of-way, street, curb, sidewalk, driveway, and property line.

3. Illumination. Temporary signs shall not be illuminated.

4. Standard Temporary Signs. Standard temporary signs shall be permitted provided the following conditions are met:

a. Type. A standard temporary sign shall be a yard sign (e.g., sale of property, garage sale, and supporting local school teams).

b. Quantity. One (1) standard temporary sign shall be permitted for lots with frontage on one (1) street. Two (2) standard temporary signs shall be permitted for lots with frontage on two (2) or more streets if they have a minimum of three hundred (300) feet of combined street frontage. However, no two (2) standard temporary signs shall be closer than eighty (80) feet to one another.

c. Sign Area. The sign area for a standard temporary sign shall not exceed six (6) square feet per side.

d. Height Above Ground. No part of a standard temporary sign shall be more than four (4) feet above the ground.

e. Duration. Reserved. [Ord. 12-02-24 § 72; Ord. 3-7-16A § 1; Ord. 12-27-11 § 5.75.]

20.50.760 SI-05 – Multiple-family residential and manufactured home park sign standards.

This sign standards (SI) section applies to the following zoning districts:
M1 M2 MP

The following standards shall apply:

A. Permanent Signs. Permanent signs shall be permitted as follows:

1. Entry Feature Signs. An entry feature sign shall be permitted provided the following conditions are met.

a. An entry feature sign for a development with at least twenty (20) dwelling units or dwelling sites shall meet the following conditions:

i. Type. The entry feature sign shall be a single-sided ground sign.

ii. Quantity. One (1) entry feature sign shall be permitted per development. An additional one (1) entry feature sign shall be permitted if all of the following are present:

(A) The development has a second vehicular entrance from a public street; and

(B) The development has at least 1,000 lineal feet of combined frontage.

iii. Sign Area. The sign area of the entry feature sign shall not exceed forty (40) square feet.

iv. Height Above Ground. No part of an entry feature sign shall be more than four (4) feet above the ground.

v. Location. An entry feature sign shall be located ten (10) feet or more from any existing right-of-way, street, curb, sidewalk, driveway, and property line.

vi. Illumination. The entry feature sign may be externally illuminated.

vii. Materials. The sign shall be wood, stone, metal, masonry, or other similar and durable materials. Landscaping of the entry feature sign is encouraged.

viii. Maintenance. The entry feature sign shall be maintained by the property owner, an owners association, or similar legal entity.

B. Temporary Signs.

1. Permits. Standard temporary signs shall be exempt from obtaining an improvement location permit, but shall comply with all applicable standards.

2. Location. A temporary sign shall be located ten (10) feet or more from any existing right-of-way, street, curb, sidewalk, driveway, and property line.

3. Illumination. Temporary signs shall not be illuminated.

4. Standard Temporary Signs. Standard temporary signs shall be permitted provided the following conditions are met.

a. Type. Standard temporary signs shall be yard signs.

b. Quantity.

i. Per Development. One (1) standard temporary sign shall be permitted for developments with frontage on one (1) street. Two (2) standard temporary signs shall be permitted for developments with frontage on two (2) or more streets and 300 feet or more of combined street frontage. However, no two (2) standard temporary signs shall be closer than eighty (80) feet to one another.

ii. Per Dwelling Site. In manufactured home park developments (i.e., MP district), one (1) standard temporary sign shall be permitted for each dwelling site.

c. Sign Area. The sign area for a standard temporary sign shall not exceed six (6) square feet per side.

d. Height Above Ground. No part of a standard temporary sign shall be more than four (4) feet above the ground.

e. Duration. A standard temporary sign may stay in place for up to thirty (30) days from the date the sign is erected. [Ord. 3-7-16A § 1; Ord. 12-27-11 § 5.76.]

20.50.770 SI-06 – Agricultural business, institutional, and local business sign standards.

This sign standards (SI) section applies to the following zoning districts:
A4 IS LB

The following standards shall apply:

A. Project Applicability.

1. Single-Tenant Building.

a. Permanent Signs. Wall, ground, awning, window, and display board signs shall be permitted for single-tenant buildings provided the conditions specified for single-tenant buildings are met, and the cumulative square footage of all permanent signs does not exceed two (2) square feet of sign area per lineal foot of front facade, or 250 square feet, whichever is less.

b. Temporary Signs. Standard temporary and special temporary signs shall be permitted for single-tenant buildings provided the conditions specified for single-tenant buildings are met.

2. Multiple-Tenant Building.

a. Permanent Signs. Wall, gateway, awning, window, and display board signs shall be permitted for multiple-tenant buildings provided the conditions specified for multiple-tenant buildings are met and the cumulative square footage of all permanent signs does not exceed two (2) square feet of sign area per lineal foot of front facade, but no single tenant shall have more than 150 square feet of sign area.

b. Temporary Signs. Standard temporary and special temporary signs shall be permitted for multiple-tenant buildings provided the conditions specified for multiple-tenant buildings are met.

B. Permanent Signs. Permanent signs shall be permitted as follows:

1. Wall Signs. Wall signs shall be permitted on single-tenant buildings and multiple-tenant buildings provided the following conditions are met. All wall signs shall count toward the maximum cumulative square footage for permanent signs.

Wall Signs

Single-Tenant Building

Multiple-Tenant Building

Maximum Quantity

1 per facade, not to exceed 2

1 per tenant space

Maximum Sign Area

Each wall sign shall not exceed 50 square feet in area if the sign is less than 150 feet from the public right-of-way it faces

Each wall sign shall not exceed 80 square feet in area if the sign is 150 feet or greater from the public right-of-way it faces

1 square foot per lineal foot of each tenant’s front facade; maximum of 40 square feet if the sign is less than 150 feet from the public right-of-way it faces

1½ square feet per lineal foot of each tenant’s front facade; maximum of 60 square feet if the sign is 150 feet or greater from the public right-of-way it faces

Changeable Copy Ratio

Up to 50% of the sign area may be changeable copy

Up to 50% of the sign area may be changeable copy

Maximum Projection from Building

12 inches

12 inches

Height Above Ground

10 feet maximum

20 feet maximum

a. Electronic Changeable Copy. If electronic changeable copy is used, it shall be integrated into the permanent wall sign and shall only include cyclical or static messages, regardless if the sign is capable of flashing messages.

b. Illumination. Wall signs on single-tenant buildings and multiple-tenant buildings may be illuminated internally or by externally mounted lights.

c. Multiple-Tenant Building Consistency. All wall signs within the development must be consistent in type (e.g., reverse channel, box) and be mounted consistently on the facade of the building in order to create a uniform appearance.

2. Ground Signs. Ground signs shall be permitted on single-tenant buildings provided the following conditions are met. (See subsection (B)(3) of this section, gateway signs for multiple-tenant buildings.) All ground signs shall be counted toward the maximum cumulative square footage for permanent signs.

Ground Sign

Single-Tenant Building

Multiple-Tenant Building

Maximum Quantity

1 for lots with frontage on 1 public street; and 2 for lots with 150 cumulative feet of frontage on 2 or more public streets

not permitted

Maximum Sign Area

shall not exceed 36 square feet in sign area per side

not permitted

Changeable Copy Ratio

Up to 80% of the sign area may be changeable copy

not permitted

Height Above Ground

8 feet maximum

not permitted

a. Double-Sided. If a ground sign has two (2) identical sides, back-to-back, only one (1) side’s area counts toward the maximum cumulative square footage.

b. Location. A ground sign shall be located ten (10) feet or more from any existing right-of-way, street, curb, sidewalk, driveway, and property line.

c. Landscaping. Landscaping shall be installed around the base of a ground sign as follows:

i. Quantity. At least one (1) shrub per three (3) lineal feet of ground sign base shall be installed.

ii. Location. All required plants shall be located within five (5) feet of the ground sign base.

iii. Double-Sided Ground Signs. Any double-sided ground sign shall have landscaping on both sides.

d. Electronic Changeable Copy. If electronic changeable copy is used, it shall be integrated into the permanent ground sign and shall only include cyclical or static messages, regardless if the sign is capable of flashing messages.

e. Illumination. A ground sign may be illuminated internally or by externally mounted ground lighting.

3. Gateway Signs. Gateway signs shall be permitted for multiple-tenant buildings that have a minimum of four (4) tenants, a minimum of 12,000 square feet of main floor area, and provided the following conditions are met. (See subsection (B)(2) of this section, ground signs for single-tenant buildings.) All gateway signs shall be counted toward the maximum cumulative square footage for permanent signs.

Gateway Sign

Single-Tenant Building

Multiple-Tenant Building

Maximum Quantity

not permitted

1

Maximum Overall Sign Area

not permitted

1⁄2 square foot per lineal foot of each tenant’s front facade; maximum of 100 square feet

Maximum Tenant Sign Area

not permitted

18 square feet

Changeable Copy Ratio

not permitted

Up to 30% of the sign area of any single sign may be changeable copy, but no single sign shall exceed 26 square feet of changeable copy

Height above Ground

not permitted

10 feet maximum

a. Double-Sided. If a gateway sign has two (2) identical sides, back-to-back, only one (1) side’s area counts toward the maximum cumulative square footage.

b. Location. A gateway sign shall be located ten (10) feet or more from any existing right-of-way, street, curb, sidewalk, driveway, and property line.

c. Landscaping. Landscaping shall be installed around the base of a gateway sign as follows:

i. Quantity. At least one (1) shrub per two (2) lineal feet of gateway sign base shall be installed.

ii. Location. All required plants shall be located within five (5) feet of the gateway sign base.

iii. Double-Sided Gateway Signs. Any double-sided gateway sign shall have landscaping on both sides.

d. Electronic Changeable Copy. If electronic changeable copy is used, it shall be integrated into the permanent gateway sign and shall only include cyclical or static messages, regardless if the sign is capable of flashing messages.

e. Illumination. A gateway sign may be illuminated internally or by exterior mounted ground lighting.

4. Awning Signs. Awning signs shall be permitted on single-tenant buildings and multiple-tenant buildings provided the following conditions are met. All awning signs shall be counted toward the maximum cumulative square footage for permanent signs.

Awning Sign

Single-Tenant Building

Multiple-Tenant Building

Maximum Quantity

no maximum

no maximum

Maximum Sign Area

30 square feet per awning sign

30 square feet per awning sign

Maximum Height

3 feet

3 feet

Height Above Ground

shall be no more than 15 feet or less than 9 feet above the ground

shall be no more than 15 feet or less than 9 feet above the ground

a. Illumination. Awning signs on single-tenant buildings and multiple-tenant buildings may be illuminated.

5. Window Signs. Window signs shall be permitted on single-tenant buildings and multiple-tenant buildings provided the following conditions are met. All window signs shall be counted toward the maximum cumulative square footage for permanent signs.

Window Sign

Single-Tenant Building

Multiple-Tenant Building

Maximum Quantity

1 window sign is permitted on each facade, maximum of 3 per building

1 window sign is permitted on each facade, maximum of 3 per building

Maximum Sign Area

20 square feet in area or 30% of the window’s glass area, whichever is less

20 square feet in area or 30% of the window’s glass area, whichever is less

Maximum Height

5 feet

5 feet

C. Temporary Signs. Any combination of standard temporary and special temporary signs shall be permitted for single-tenant buildings and multiple-tenant buildings provided the following conditions are met.

1. Permits. Temporary signs shall be exempt from obtaining an improvement location permit, but shall comply with applicable standards.

2. Location. A temporary sign shall be located ten (10) feet or more from any existing right-of-way, street, curb, sidewalk, driveway, and property line.

3. Illumination. Temporary signs shall not be illuminated.

4. Standard Temporary Signs. Standard temporary signs shall be permitted provided the following conditions are met. The following conditions apply to single-tenant buildings and multiple-tenant buildings unless otherwise specified.

a. Type. A standard temporary sign shall be a sandwich board, self-standing sign, yard sign or a window panel.

b. Quantity.

i. Single-Tenant Buildings. One (1) standard temporary sign shall be permitted for each lot, except for corner lots. Two (2) standard temporary signs shall be permitted for corner lots that have 300 lineal feet or more of combined street frontage. However, standard temporary signs shall be located at least eighty (80) feet from one another and shall not be closer than fifteen (15) feet to any other sign on the property.

ii. Multiple-Tenant Buildings. One (1) standard temporary sign shall be permitted for each tenant.

c. Sign Area. The sign area for a standard temporary sign shall not exceed five (5) square feet per side.

d. Height Above Ground. No part of a standard temporary sign shall be more than four (4) feet above the ground unless the standard temporary sign is in a first floor window.

e. Duration. A standard temporary sign may stay in place for up to thirty (30) days from the date the sign is erected. [Ord. 3-7-16A § 1; Ord. 12-27-11 § 5.77.]

20.50.780 SI-07 – General commercial sign standards.

This sign standards (SI) section applies to the following zoning district:
GC

The following standards shall apply:

A. Project Applicability.

1. Single-Tenant Building.

a. Permanent Signs. Wall, ground, awning, window, menu and display board signs shall be permitted for single-tenant buildings provided the conditions specified for single-tenant buildings are met and the cumulative square footage of all permanent signs does not exceed two and one-half (2½) square feet of sign area per lineal foot of front facade, or 300 square feet, whichever is less.

b. Temporary Signs. Standard temporary and special temporary signs shall be permitted for single-tenant buildings provided the conditions specified for single-tenant buildings are met.

2. Multiple-Tenant Building.

a. Permanent Signs. Wall, gateway, awning, display board, and directional device signs shall be permitted for multiple-tenant buildings provided the conditions specified for multiple-tenant buildings are met and the cumulative square footage of all permanent signs does not exceed two and one-half (2½) square feet of sign area per lineal foot of front facade, but no single tenant shall have more than 150 square feet of sign area.

b. Temporary Signs. Standard temporary and special temporary signs shall be permitted for multiple-tenant buildings provided the conditions specified for multiple-tenant buildings are met.

B. Permanent Signs. Permanent signs shall be permitted as follows:

1. Wall Signs. Wall signs shall be permitted on single-tenant buildings and multiple-tenant buildings provided the following conditions are met. All wall signs shall count toward the maximum cumulative square footage for permanent signs.

Wall Signs

Single-Tenant Building

Multiple-Tenant Building

Maximum Quantity

2 per facade, not to exceed 4

1 per tenant space

Maximum Sign Area

2 square feet per lineal foot of front facade; maximum of 250 square feet on front facade and 100 square feet on each other facade

2 square feet per lineal foot of tenant front facade; maximum of 150 square feet on front facade and 75 square feet on each other facade

Changeable Copy Ratio

Up to 40% of the sign area of any single sign may be changeable copy, but no single sign shall exceed 80 square feet of changeable copy

Up to 30% of the sign area of any single tenant sign may be changeable copy, but no single sign shall exceed 30 square feet of changeable copy

Maximum Projection from Building

12 inches

12 inches

a. Electronic Changeable Copy. If electronic changeable copy is used, it shall be integrated into the permanent wall sign and shall only include cyclical or static messages, regardless if the sign is capable of flashing messages.

b. Illumination. Wall signs on single-tenant buildings and multiple-tenant buildings may be illuminated internally or by externally mounted lights.

c. Multiple-Tenant Building Consistency. The sign envelope that tenants may use and the regulations to maintain consistent sign appearance shall be identified during the permitting process. The sign envelope shall not exceed 150% of the allowable wall sign area for each tenant space.

2. Ground Signs. Ground signs shall be permitted on single-tenant buildings provided the following conditions are met. (See subsection (B)(3) of this section, gateway signs for multiple-tenant buildings.) All ground signs shall be counted toward the maximum cumulative square footage for permanent signs.

Ground Sign

Single-Tenant Building

Multiple-Tenant Building

Maximum Quantity

1

not permitted

Maximum Sign Area

1½ square feet per lineal foot of front facade; maximum 120 square feet

not permitted

Changeable Copy Ratio

Up to 40% of the sign area of any single sign may be changeable copy, but no single sign shall exceed 80 square feet of changeable copy

not permitted

Height Above Ground

8 feet maximum

not permitted

a. Double-Sided. If a ground sign has two (2) identical sides, back-to-back, only one (1) side’s area counts toward the maximum cumulative square footage.

b. Location. A ground sign shall be located ten (10) feet or more from any existing right-of-way, street, curb, sidewalk, driveway, and property line.

c. Landscaping. Landscaping shall be installed around the base of a ground sign as follows:

i. Quantity. At least one (1) shrub per two (2) lineal feet of ground sign base shall be installed.

ii. Location. All required plants shall be located within five (5) feet of the ground sign base.

iii. Double-Sided Ground Signs. Any double-sided ground sign shall have landscaping on both sides.

d. Electronic Changeable Copy. If electronic changeable copy is used, it shall be integrated into the permanent ground sign and shall only include cyclical or static messages, regardless if the sign is capable of flashing messages.

e. Illumination. A ground sign may be illuminated internally or by externally mounted ground lighting.

3. Gateway Signs. Gateway signs shall be permitted for multiple-tenant buildings that have a minimum of six (6) tenants, a minimum of 12,000 square feet of main floor area, and provided the following conditions are met. (See subsection (B)(2) of this section, ground signs for single-tenant buildings.) All gateway signs shall be counted toward the maximum cumulative square footage for permanent signs.

Gateway Sign

Single-Tenant Building

Multiple-Tenant Building

Maximum Quantity

not permitted

1

Maximum Overall Sign Area

not permitted

1 square foot per lineal foot front facade; maximum of 160 square feet

Maximum Tenant Sign Area

not permitted

50 square feet

Changeable Copy Ratio

not permitted

Up to 40% of the sign area of any single sign may be changeable copy, but no single sign shall exceed 60 square feet of changeable copy

Height above Ground

not permitted

14 feet maximum

a. Double-Sided. If a gateway sign has two (2) identical sides, back-to-back, only one (1) side’s area counts toward the maximum cumulative square footage.

b. Location. A gateway sign shall be located ten (10) feet or more from any existing right-of-way, street, curb, sidewalk, driveway, and property line.

c. Landscaping. Landscaping shall be installed around the base of a gateway sign as follows:

i. Quantity. At least one (1) shrub per two (2) lineal feet of gateway sign base shall be installed.

ii. Location. All required plants shall be located within five (5) feet of the gateway sign base.

iii. Double-Sided Gateway Signs. Any double-sided gateway sign shall have landscaping on both sides.

d. Electronic Changeable Copy. If electronic changeable copy is used, it shall be integrated into the permanent gateway sign and shall only include cyclical or static messages, regardless if the sign is capable of flashing messages.

e. Illumination. A gateway sign may be illuminated internally or by externally mounted ground lighting.

4. Awning Signs. Awning signs shall be permitted on single-tenant buildings and multiple-tenant buildings provided the following conditions are met. All awning signs shall be counted toward the maximum cumulative square footage for permanent signs.

Awning Sign

Single-Tenant Building

Multiple-Tenant Building

Maximum Quantity

2

1 per tenant

Maximum Sign Area

40 square feet total

30 square feet per tenant

Maximum Projection from Building

6 feet

6 feet

a. Illumination. Awning signs on single-tenant buildings and multiple-tenant buildings may be illuminated.

5. Window Signs. Window signs shall be permitted on single-tenant buildings and multiple-tenant buildings provided the following conditions are met. All window signs shall be counted toward the maximum cumulative square footage for permanent signs.

Window Sign

Single-Tenant Building

Multiple-Tenant Building

Maximum Quantity

no limit

no limit

Maximum Sign Area

20 square feet per window

20 square feet per window

Height Above Ground

14 feet maximum

14 feet maximum

6. Drive-Up Menus. Drive-up menus shall be permitted for single-tenant buildings and multiple-tenant buildings provided the lot has a permitted, operable, and in-use drive-up window and provided the following conditions are met. Drive-up window menus shall not count toward the maximum cumulative square footage for permanent signs.

Drive-Up Window Menu

Single-Tenant Building

Multiple-Tenant Building

Maximum Quantity

2

1 per tenant with a drive-up window

Maximum Sign Area

20 square feet total

20 square feet total

Height Above Ground

7 feet maximum

7 feet maximum

a. Design. A drive-up menu shall be single-sided.

b. Location. A drive-up menu shall be located in the drive-up window lane, and the menu face shall not be conspicuously visible from the right-of-way.

c. Illumination. A drive-up menu may be illuminated internally or by externally mounted lights.

7. Display Board Signs. Display board signs shall be permitted on single-tenant and multiple-tenant buildings provided the following conditions are met. Display board signs shall be counted toward the maximum cumulative square footage for permanent signs.

Display Board Signs

Single-Tenant Building

Multiple-Tenant Building

Maximum Quantity

1

1 per tenant

Maximum Sign Area

50 square feet

20 square feet per tenant

Height Above Ground

6 feet maximum

6 feet maximum

a. Design. The display board sign shall be framed with wood, metal, or other durable material and be permanently attached to the single-tenant or multiple-tenant building; be a designated window on the single-tenant building; or consist of hardware permanently affixed to the single-tenant or multiple-tenant building for display of a consistent size posting.

b. Postings. Postings on the display board sign shall not exceed the size of the display board sign. Postings shall not be required to obtain any type of permit.

C. Temporary Signs. Any combination of standard temporary and special temporary signs shall be permitted for single-tenant buildings and multiple-tenant buildings provided the following conditions are met.

1. Permits. Temporary signs shall be exempt from obtaining an improvement location permit, but shall comply with applicable standards.

2. Location. A temporary sign shall be located ten (10) feet or more from any existing right-of-way, street, curb, sidewalk, driveway, and property line.

3. Illumination. Temporary signs shall not be illuminated.

4. Standard Temporary Signs. Standard temporary signs shall be permitted provided the following conditions are met. The following conditions apply to single-tenant buildings and multiple-tenant buildings unless otherwise specified.

a. Type. A standard temporary sign shall be a sandwich board, self-standing sign, yard sign or a window panel.

b. Quantity.

i. Single-Tenant Buildings. One (1) standard temporary sign shall be permitted for each lot, except for corner lots. Two (2) standard temporary signs shall be permitted for corner lots that have 200 feet or more of combined street frontage. However, standard temporary signs shall be located at least eighty (80) feet from one another.

ii. Multiple-Tenant Buildings. One (1) standard temporary sign shall be permitted for each tenant.

c. Sign Area. The sign area for a standard temporary sign shall not exceed sixteen (16) square feet per side.

d. Height Above Ground. No part of a standard temporary sign shall be more than five (5) feet above the ground unless the standard temporary sign is in a first floor window.

e. Duration. A standard temporary sign may stay in place for up to thirty (30) days from the date the sign is erected. [Ord. 3-7-16A § 1; Ord. 12-27-11 § 5.78.]

20.50.790 SI-08 – Highway commercial sign standards.

This sign standards (SI) section applies to the following zoning district:
HC

The following standards shall apply:

A. Project Applicability.

1. Single-Tenant Building.

a. Permanent Signs. Wall, ground, pole, awning, drive-up menu, and display board signs shall be permitted for single-tenant buildings provided the conditions specified for single-tenant buildings are met, and the cumulative square footage of all permanent signs does not exceed three (3) square feet of sign area per lineal foot of front facade, or 400 square feet, whichever is less.

b. Temporary Signs. Standard temporary and special temporary signs shall be permitted for single-tenant buildings provided the conditions specified for single-tenant buildings are met.

2. Multiple-Tenant Building.

a. Permanent Signs. Wall, gateway, awning, pole, and display board signs shall be permitted for multiple-tenant buildings provided the conditions specified for multiple-tenant buildings are met and the cumulative square footage of all permanent signs does not exceed two and one-half (2½) square feet of sign area per lineal foot of front facade, but no single tenant shall have more than 200 square feet of sign area.

b. Temporary Signs. Standard temporary and special temporary signs shall be permitted for multiple-tenant buildings provided the conditions specified for multiple-tenant buildings are met.

B. Permanent Signs. Permanent signs shall be permitted as follows:

1. Wall Signs. Wall signs shall be permitted on single-tenant buildings and multiple-tenant buildings provided the following conditions are met. All wall signs shall count toward the maximum cumulative square footage for permanent signs.

Wall Signs

Single-Tenant Building

Multiple-Tenant Building

Maximum Quantity

2 per facade, not to exceed 4

1 per tenant space

Maximum Sign Area

2 square feet per lineal foot of front facade; maximum of 200 square feet on front facade and 100 square feet on other facades

2 square feet per lineal foot of front facade; maximum of 150 square feet on front facade and 75 square feet on other facades

Changeable Copy Ratio

Up to 40% of the sign area of any single sign may be changeable copy, but no single sign shall exceed 60 square feet of changeable copy

Up to 30% of the sign area of any tenant sign may be changeable copy, but no single sign shall exceed 30 square feet of changeable copy

Maximum Projection from Building

12 inches

12 inches

a. Electronic Changeable Copy. If electronic changeable copy is used, it shall be integrated into the permanent wall sign and shall only include cyclical or static messages, regardless if the sign is capable of flashing messages.

b. Illumination. Wall signs on single-tenant buildings and multiple-tenant buildings may be illuminated internally or by externally mounted lights.

c. Multiple-Tenant Building Consistency. The sign envelope that tenants may use and the regulations to maintain consistent sign appearance shall be identified during the permitting process. The sign envelope shall not exceed 150% of the allowable wall sign area for each tenant space.

2. Ground Signs. Ground signs shall be permitted on single-tenant buildings provided the following conditions are met. (See subsection (B)(3) of this section, gateway signs for multiple-tenant buildings.) All ground signs shall be counted toward the maximum cumulative square footage for permanent signs.

Ground Sign

Single-Tenant Building

Multiple-Tenant Building

Maximum Quantity

1

not permitted

Maximum Sign Area

1½ square feet per lineal foot of front facade; maximum 120 square feet

not permitted

Changeable Copy Ratio

Up to 80% of the sign area of any single sign may be changeable copy, but no single sign shall exceed 60 square feet of changeable copy

not permitted

Height Above Ground

8 feet maximum

not permitted

a. Double-Sided. If a ground sign has two (2) identical sides, back-to-back, only one (1) side’s area counts toward the maximum cumulative square footage.

b. Location. A ground sign shall be located ten (10) feet or more from any existing right-of-way, street, curb, sidewalk, driveway, and property line.

c. Landscaping. Landscaping shall be installed around the base of a ground sign as follows:

i. Quantity. At least one (1) shrub per two (2) lineal feet of ground sign base shall be installed.

ii. Location. All required plants shall be located within five (5) feet of the ground sign base.

iii. Double-Sided Ground Signs. Any double-sided ground sign shall have landscaping on both sides.

d. Electronic Changeable Copy. If electronic changeable copy is used, it shall be integrated into the permanent ground sign and shall only include cyclical or static messages, regardless if the sign is capable of flashing messages.

e. Illumination. A ground sign may be illuminated internally or by externally mounted ground lighting.

3. Gateway Signs. Gateway signs shall be permitted for multiple-tenant buildings that have a minimum of six (6) tenants, a minimum of 12,000 square feet of main floor area, and provided the following conditions are met. (See subsection (B)(2) of this section, ground signs for single-tenant buildings.) All gateway signs shall be counted toward the maximum cumulative square footage for permanent signs.

Gateway Sign

Single-Tenant Building

Multiple-Tenant Building

Maximum Quantity

not permitted

1

Maximum Overall Sign Area

not permitted

1 square foot per lineal foot front facade; maximum of 180 square feet

Maximum Tenant Sign Area

not permitted

50 square feet

Changeable Copy Ratio

not permitted

Up to 30% of the sign area of any gateway sign may be changeable copy, but no gateway sign shall exceed 50 square feet of changeable copy

Height above Ground

not permitted

8 feet maximum

a. Double-Sided. If a gateway sign has two (2) identical sides, back-to-back, only one (1) side’s area counts toward the maximum cumulative square footage.

b. Location. A gateway sign shall be located ten (10) feet or more from any existing right-of-way, street, curb, sidewalk, driveway, and property line.

c. Landscaping. Landscaping shall be installed around the base of a gateway sign as follows:

i. Quantity. At least one (1) shrub per two (2) lineal feet of gateway sign base shall be installed.

ii. Location. All required plants shall be located within five (5) feet of the gateway sign base.

iii. Double-Sided Gateway Signs. Any double-sided gateway sign shall have landscaping on both sides.

d. Electronic Changeable Copy. If electronic changeable copy is used, it shall be integrated into the permanent gateway sign and shall only include cyclical or static messages, regardless if the sign is capable of flashing messages.

e. Illumination. A gateway sign may be illuminated internally or by exterior mounted ground lighting.

4. Pole Signs. Pole signs shall be permitted for single-tenant buildings and multiple-tenant buildings provided that:

a. All or the majority of the lot area is within 500 feet of an interstate right-of-way; and

b. A primary structure exists on the lot.

5. Standards. The following standards apply to pole signs:

a. The sign area of a pole sign shall be counted toward the maximum cumulative square footage for permanent signs.

b. Quantity. One (1) pole sign shall be permitted for each lot with a primary structure.

c. Sign Area and Sign Height. Pole signs for single-tenant buildings and multiple-tenant buildings shall meet the following sign area and height above the ground proportions. If a pole sign has identical sides, back-to-back, only one (1) side’s area counts toward the sign area:

i. Pole signs with a sign area of 150 square feet or less shall be at least twenty-five (25) feet above the ground, but no part of the sign shall exceed thirty-five (35) feet above the ground.

ii. Pole signs with a sign area greater than 150 square feet, but less than 200 square feet shall be at least thirty (30) feet above the ground, but no part of the sign shall exceed fifty (50) feet above the ground.

iii. Pole signs with a sign area of 200 square feet or more shall be at least forty (40) feet above the ground, but no part of the sign shall exceed seventy-five (75) feet above the ground.

iv. A pole sign shall not have a sign area greater than 225 square feet.

d. Location. A pole sign shall be located twenty (20) feet or more from any existing right-of-way, street, curb, sidewalk, driveway, and property line.

e. Landscaping. Landscaping shall be installed around the base of a pole sign as follows:

i. Quantity. At least eight (8) shrubs shall be installed. For pole signs greater than fifty (50) feet, the required shrubs shall be replaced with ornamental trees.

ii. Location. All required plants shall be located within ten (10) feet of the pole sign, and at a minimum shall be distributed in all directions facing a public street or parking lot. If ornamental trees are required, they shall be installed within twenty (20) feet of the pole sign.

f. Changeable Copy. Up to fifty percent (50%) of the sign area of a pole sign on a single-tenant building or a multiple-tenant building may be changeable copy. If electronic changeable copy is used, it shall be integrated into the permanent pole sign and shall only include cyclical or static messages, regardless if the sign is capable of flashing messages.

g. Illumination. A pole sign may be illuminated internally, but shall not be illuminated by externally mounted lights.

6. Awning Signs. Awning signs shall be permitted on single-tenant buildings and multiple-tenant buildings provided the following conditions are met. All awning signs shall be counted toward the maximum cumulative square footage for permanent signs.

Awning Sign

Single-Tenant Building

Multiple-Tenant Building

Maximum Quantity

2

1 per tenant

Maximum Sign Area

40 square feet total

30 square feet per tenant

Maximum Projection from Building

6 feet

6 feet

a. Illumination. Awning signs on single-tenant buildings and multiple-tenant buildings may be illuminated.

7. Window Signs. Window signs shall be permitted on single-tenant buildings and multiple-tenant buildings provided the following conditions are met. All window signs shall be counted toward the maximum cumulative square footage for permanent signs.

Window Sign

Single-Tenant Building

Multiple-Tenant Building

Maximum Quantity

no limit

no limit

Maximum Sign Area

30 square feet per window

30 square feet per window

Height Above Ground

14 feet maximum

14 feet maximum

8. Drive-Up Menus. Drive-up menus shall be permitted for single-tenant buildings and multiple-tenant buildings provided the lot has a permitted, operable, and in-use drive-up window and provided the following conditions are met. Drive-up window menus shall not count toward the maximum cumulative square footage for permanent signs.

Drive-Up Window Menu

Single-Tenant Building

Multiple-Tenant Building

Maximum Quantity

2

1 per tenant with drive-up window

Maximum Sign Area

30 square feet total

30 square feet per drive-up window

Height Above Ground

7 feet maximum

7 feet maximum

a. Design. A drive-up menu shall be single-sided.

b. Location. A drive-up menu shall be located in the drive-up window lane and the sign face shall not be conspicuously visible from the right-of-way.

c. Illumination. A drive-up menu may be illuminated internally or by externally mounted lights.

9. Display Board Signs. Display board signs shall be permitted on single-tenant and multiple-tenant buildings provided the following conditions are met. Display board signs shall be counted toward the maximum cumulative square footage for permanent signs.

Display Board Signs

Single-Tenant Building

Multiple-Tenant Building

Maximum Quantity

1

1 per tenant

Maximum Sign Area

50 square feet

20 square feet per tenant

Height Above Ground

6 feet maximum

6 feet maximum

a. Design. The display board sign shall be framed with wood, metal, or other durable material and be permanently attached to the single-tenant or multiple-tenant building; be a designated window on the single-tenant building; or consist of hardware permanently affixed to the single-tenant or multiple-tenant building for display of a consistent size posting.

b. Postings. Postings on the display board sign shall not exceed the size of the display board sign. Postings shall not be required to obtain any type of permit.

C. Temporary Signs. Any combination of standard temporary and special temporary signs shall be permitted for single-tenant buildings and multiple-tenant buildings provided the following conditions are met.

1. Permits. Temporary signs shall be exempt from obtaining an improvement location permit, but shall comply with applicable standards.

2. Location. A temporary sign shall be located ten (10) feet or more from any existing right-of-way, street, curb, sidewalk, driveway, and property line.

3. Illumination. Temporary signs shall not be illuminated.

4. Standard Temporary Signs. Standard temporary signs shall be permitted provided the following conditions are met. The following conditions apply to single-tenant buildings and multiple-tenant buildings unless otherwise specified.

a. Type. A standard temporary sign shall be a sandwich board, self-standing sign, yard sign or a window panel.

b. Quantity.

i. Single-Tenant Buildings. One (1) standard temporary sign shall be permitted for each lot, except for corner lots. Two (2) standard temporary signs shall be permitted for corner lots that have 200 feet or more of combined street frontage. However, standard temporary signs shall be located at least eighty (80) feet from one another.

ii. Multiple-Tenant Buildings. One (1) standard temporary sign shall be permitted for each tenant.

c. Sign Area. The sign area for a standard temporary sign shall not exceed sixteen (16) square feet per side.

d. Height Above Ground. No part of a standard temporary sign shall be more than five (5) feet above the ground unless the standard temporary sign is in a first floor window.

e. Duration. A standard temporary sign may stay in place for up to thirty (30) days from the date the sign is erected. [Ord. 3-7-16A § 1; Ord. 12-27-11 § 5.79.]

20.50.800 SI-09 – Commerce park and industrial sign standards.

This sign standards (SI) section applies to the following zoning districts:
CP I1 I2 HI

The following standards shall apply:

A. Project Applicability.

1. Single-Tenant Building.

a. Permanent Signs. Wall, ground, awning, window, and directional device signs shall be permitted for single-tenant buildings provided the conditions specified for single-tenant buildings are met, and the cumulative square footage of all permanent signs does not exceed four (4) square feet of sign area per lineal foot of facade facing an interstate, highway, arterial, or public street to which the facility gains access.

b. Temporary Signs. Standard temporary and special temporary signs shall be permitted for single-tenant buildings provided the conditions specified for single-tenant buildings are met.

2. Multiple-Tenant Building.

a. Permanent Signs. Wall, gateway, awning, window, and directional signs shall be permitted for multiple-tenant buildings provided the conditions specified for multiple-tenant buildings are met, and the cumulative square footage of all permanent signs does not exceed two (2) square feet of sign area per lineal foot of front facade, but no single tenant shall have more than 250 square feet of sign area.

b. Temporary Signs. Standard temporary and special temporary signs shall be permitted for multiple-tenant buildings provided the conditions specified for multiple-tenant buildings are met.

B. Permanent Signs. Permanent signs shall be permitted as follows:

1. Wall Signs. Wall signs shall be permitted on single-tenant buildings and multiple-tenant buildings provided the following conditions are met. All wall signs shall count toward the maximum cumulative square footage for permanent signs.

Wall Signs

Single-Tenant Building

Multiple-Tenant Building

Maximum Quantity

1 per side of building; not to exceed 3

1 per tenant space

Maximum Sign Area

3 square feet per lineal foot of front facade; maximum of 400 square feet

2½ square feet per lineal foot of front facade; maximum of 300 square feet

Changeable Copy Ratio

not permitted

not permitted

Maximum Projection from Building

12 inches

12 inches

a. Illumination. Wall signs on single-tenant buildings and multiple-tenant buildings may be illuminated internally or by externally mounted lights.

b. Multiple-Tenant Building Consistency. The sign envelope that tenants may use and the regulations to maintain consistent sign appearance shall be identified during the permitting process. The sign envelope shall not exceed 150% of the allowable wall sign area for each tenant space.

2. Ground Signs. Ground signs shall be permitted on single-tenant buildings provided the following conditions are met. (See subsection (B)(3) of this section, gateway signs for multiple-tenant buildings.) All ground signs shall be counted toward the maximum cumulative square footage for permanent signs.

Ground Sign

Single-Tenant Building

Multiple-Tenant Building

Maximum Quantity

1

not permitted

Maximum Sign Area

2 square feet per lineal foot of front facade; maximum 180 square feet

not permitted

Changeable Copy Ratio

Up to 60% of the sign area of any single sign may be changeable copy, but no single sign shall exceed 60 square feet of changeable copy

not permitted

Height Above Ground

8 feet maximum

not permitted

a. Double-Sided. If a ground sign has two (2) identical sides, back-to-back, only one (1) side’s area counts toward the maximum cumulative square footage.

b. Location. A temporary sign shall be located ten (10) feet or more from any existing right-of-way, street, curb, sidewalk, driveway, and property line.

c. Landscaping. Landscaping shall be installed around the base of a ground sign as follows:

i. Quantity. At least one (1) shrub per two (2) lineal feet of ground sign base shall be installed.

ii. Location. All required plants shall be located within five (5) feet of the ground sign base.

iii. Double-Sided Ground Signs. Any double-sided ground sign shall have landscaping on both sides.

d. Electronic Changeable Copy. If electronic changeable copy is used, it shall be integrated into the permanent ground sign and shall only include cyclical or static messages, regardless if the sign is capable of flashing messages.

e. Illumination. A ground sign may be illuminated internally or by externally mounted ground lighting.

3. Gateway Signs. Gateway signs shall be permitted for multiple-tenant buildings that have a minimum of six (6) tenants, a minimum of 12,000 square feet of main floor area, and provided the following conditions are met. (See subsection (B)(2) of this section, ground signs for single-tenant buildings.) All gateway signs shall be counted toward the maximum cumulative square footage for permanent signs.

Gateway Sign

Single-Tenant Building

Multiple-Tenant Building

Maximum Quantity

not permitted

1

Maximum Overall Sign Area

not permitted

1 square foot per lineal foot front facade; maximum of 160 square feet

Maximum Tenant Sign Area

not permitted

50 square feet

Changeable Copy Ratio

not permitted

Up to 40% of the sign area of any gateway sign may be changeable copy, but no gateway sign shall exceed 50 square feet of changeable copy

Height above Ground

not permitted

8 feet maximum

a. Double-Sided. If a gateway sign has two (2) identical sides, back-to-back, only one (1) side’s area counts toward the maximum cumulative square footage.

b. Location. A gateway sign shall be located ten (10) feet or more from any existing right-of-way, street, curb, sidewalk, driveway, and property line.

c. Landscaping. Landscaping shall be installed around the base of a gateway sign as follows:

i. Quantity. At least one (1) shrub per two (2) lineal feet of gateway sign base shall be installed.

ii. Location. All required plants shall be located within five (5) feet of the gateway sign base.

iii. Double-Sided Gateway Signs. Any double-sided gateway sign shall have landscaping on both sides.

d. Electronic Changeable Copy. If electronic changeable copy is used, it shall be integrated into the permanent gateway sign and shall only include cyclical or static messages, regardless if the sign is capable of flashing messages.

e. Illumination. A gateway sign may be illuminated internally or by externally mounted ground lighting.

4. Awning Signs. Awning signs shall be permitted on single-tenant buildings and multiple-tenant buildings provided the following conditions are met. All awning signs shall be counted toward the maximum cumulative square footage for permanent signs.

Awning Sign

Single-Tenant Building

Multiple-Tenant Building

Maximum Quantity

2

1 per tenant

Maximum Sign Area

40 square feet total

30 square feet per tenant

Maximum Projection from Building

6 feet

6 feet

a. Illumination. Awning signs on single-tenant buildings and multiple-tenant buildings may be illuminated.

5. Directional Device Signs. Directional device signs shall be permitted for single-tenant buildings and multiple-tenant buildings provided the following conditions are met. Directional device signs shall not count toward the maximum cumulative square footage for permanent signs.

a. Directional device signs may only be used to indicate vehicular points of entry or exit.

b. Directional device signs shall not exceed three (3) square feet in area per side per entrance. Up to forty percent (40%) of the sign area may be a corporate logo.

c. Directional device signs shall not exceed thirty-six (36) inches in height.

d. Directional device signs may be illuminated.

e. Directional device signs shall not interfere with safe vehicular or pedestrian traffic circulation, obstruct the view of drivers entering or exiting, or be placed within a right-of-way.

f. No more than two (2) directional device signs shall be used per street frontage, and no more than four (4) directional device signs shall be used per lot.

C. Temporary Signs. Any combination of standard temporary and special temporary signs shall be permitted for single-tenant buildings and multiple-tenant buildings provided the following conditions are met.

1. Permits. Temporary signs shall be exempt from obtaining an improvement location permit, but shall comply with applicable standards.

2. Location. A temporary sign shall be located ten (10) feet or more from any existing right-of-way, street, curb, sidewalk, driveway, and property line.

3. Illumination. Temporary signs shall not be illuminated.

4. Standard Temporary Signs. Standard temporary signs shall be permitted provided the following conditions are met. The following conditions apply to single-tenant buildings and multiple-tenant buildings unless otherwise specified.

a. Type. A standard temporary sign shall be a sandwich board, self-standing sign, yard sign or a window panel.

b. Quantity.

i. Single-Tenant Buildings. One (1) standard temporary sign shall be permitted for each lot, except for corner lots. Two (2) standard temporary signs shall be permitted for corner lots that have 200 feet or more of combined street frontage. However, standard temporary signs shall be located at least eighty (80) feet from one another.

ii. Multiple-Tenant Buildings. One (1) standard temporary sign shall be permitted for each tenant.

c. Sign Area. The sign area for a standard temporary sign shall not exceed sixteen (16) square feet per side.

d. Height Above Ground. No part of a standard temporary sign shall be more than five (5) feet above the ground unless the standard temporary sign is in a first floor window.

e. Duration. A standard temporary sign may stay in place for up to thirty (30) days from the date the sign is erected. [Ord. 3-7-16A § 1; Ord. 12-27-11 § 5.80.]

20.50.810 SI-10 – Outdoor advertising standards.

This sign standards (SI) section applies to the following zoning districts:
GC HC CP I1 I2

The following standards shall apply:

A. Location Limitations. Outdoor advertising shall be limited to the above listed zoning districts and shall only be permitted along the following corridors:

1. Interstate I-65;

2. U.S. 24;

3. U.S. 231;

4. S.R. 10;

5. S.R. 14;

6. S.R. 16;

7. S.R. 53; and

8. S.R. 114.

B. Outdoor Advertising. Outdoor advertising shall be permitted as follows:

Pole Signs

Applicable Standard

Maximum Dimensions

• 672 square feet (14 ft. X 48 ft.), double-sided head, when along the I-65 corridor and when setback at least 100 feet from the right-of-way

• 300 square feet (12 ft. X 25 ft.), double-sided head, when along the I-65 corridor and when setback less than 100 feet from the right-of-way

• 300 square feet (12 ft. X 25 ft.), double-sided head, when along any other highway corridor

Maximum Height

• 40 feet for signs within 150 feet of the I-65 right-of-way. For every 50 feet beyond 150 feet of setback from the interstate right-of-way, the sign may be an additional 5 feet higher, with an absolute maximum height of 60 feet.

• 35 feet for signs within 150 feet of any other highway right-of-way. For every 50 feet beyond 150 feet of setback from the interstate right-of-way, the sign may be an additional 5 feet higher, with an absolute maximum height of 60 feet.

• Height shall be measured from pre-installation grade to the highest point of the sign structure.

Maximum Extensions

An outdoor advertising sign may have temporary structures that project beyond the sign face that extend the current artwork and sign copy. These extensions shall not exceed 4 feet above the top of the sign face or 2 feet beyond either side or the bottom of the sign face. The cumulative additional square feet of sign area allowed for extensions shall not exceed 15% of the permitted square feet.

Minimum Separation

• 300 feet from any existing residence

• 300 feet from any existing residentially zoned property

• 1,320 feet from any platted subdivision with 5 or more lots

Minimum Separation from Another Outdoor Advertising Unit

• 1,000 feet in any direction and across rights-of-way, with a limit of 3 units in a row

• 2,650 feet between all other outdoor advertising units, or clusters of 3 in a row

Minimum Setback

• 50 feet from an interstate right-of-way

• 25 feet from all other rights-of-way

Maximum Setback

• 500 feet from an interstate right-of-way

• 300 feet from all other rights-of-way

Changeable Copy Ratio

Up to 100% of the sign area of any single sign may be electronic changeable copy

1. Electronic Changeable Copy. If electronic changeable copy is used, it shall only include cyclical or static messages, regardless if the sign is capable of flashing messages, video, or animation.

2. Illumination. Outdoor advertising may be illuminated by externally mounted lights, or internally if electronic changeable copy. However, lights shall be shielded to limit light from spilling beyond the face of the sign, especially toward a right-of-way or skyward. [Ord. 12-27-11 § 5.81.]

20.50.820 SE-01 – Special exception standards.

This special exception standards (SE) section applies to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 M2 MP IS LB GC HC CP I1 I2 HI

The intent of the special exception standards is to protect the health, safety, and welfare of the residents of the zoning jurisdiction of the County by ensuring the most appropriate development standards are applied to special exception requests. The following standards shall apply:

A. Cross Reference. The approval process and criteria for special exceptions is in Chapter 20.90 JCC, Processes.

B. Applicable Development Standards. The development standards assigned to each zoning district are considered appropriate for the permitted uses within that zoning district. However, the development standards may not be appropriate for all special exception uses within a zoning district. For instance, some institutional uses are allowed in residential zoning districts as special exceptions. In this case, residential development standards would not necessarily be applicable.

1. Determining Appropriate Development Standards.

a. The Zoning Administrator shall determine which development standards sections within Chapter 20.50 JCC, Development Standards, shall apply to each special exception application. The development standards determined to apply shall be documented in the application and approval.

b. If the special exception use is a permitted use within another zoning district, the development standards for that zoning district shall be used as a guideline. In situations where the special exception use is not a permitted use in any zoning district, the most stringent development standards may be assigned by the Zoning Administrator as appropriate. [Ord. 12-27-11 § 5.82.]

20.50.830 ST-01 – General storage tank standards.

This storage tanks standards (ST) section applies to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 M2 MP IS LB GC HC CP I1 I2 HI

The intent of the storage tank standards is to ensure the protection of the health, safety, and welfare of the residents of Jasper County by regulating a potentially harmful item. The following standards shall apply:

A. Applicability. Storage tanks installed after the effective date of this Unified Development Code.

B. Permits. An improvement location permit shall be required prior to the installation of a storage tank, except for storage tanks used for home heating purposes. [Ord. 12-27-11 § 5.83.]

20.50.840 ST-02 – Residential storage tank standards.

This storage tanks standards (ST) section applies to the following zoning districts:
R1 R2 VR M1 M2 MP

The following standards shall apply:

A. Prerequisite Criteria. No liquid or gas fuel shall be stored in bulk above ground, except storage tanks connected directly with energy generating devices or heating appliances located and operated on the same lot as the storage tanks.

B. Location.

1. Front Yard. Storage tanks shall not be permitted in front yards.

2. Side and Rear Yard. Storage tanks shall be setback a minimum of forty-five (45) feet from side and rear property lines.

3. Primary Structures. Storage tanks shall be setback a minimum of forty-five (45) feet from primary structures.

4. Accessory Structures. Storage tanks shall be setback a minimum of thirty (30) feet from accessory structures. [Ord. 12-27-11 § 5.84.]

20.50.850 ST-03 – Agricultural, industrial, and high impact storage tanks standards.

This storage tanks standards (ST) section applies to the following zoning districts:
A1 A2 A3 I1 I2 HI

The following standards apply:

A. Location.

1. Front Yard. Storage tanks shall not be permitted in front yards.

2. Side and Rear Yard. Storage tanks shall be setback a minimum of thirty (30) feet from side and rear property lines.

3. Primary Structures. Storage tanks shall be setback a minimum of thirty (30) feet from primary structures.

4. Accessory Structures. Storage tanks shall be setback a minimum of five (5) feet from accessory structures. [Ord. 12-27-11 § 5.85.]

20.50.860 SR-01 – Structure standards.

This structure standards (SR) section applies to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 M2 MP IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Applicability. If a structure standard does not appear in the section for a zoning district, then the standard does not apply to that particular zoning district.

1. Maximum Primary Structure. The maximum number of primary structures shall be per each section in Chapter 20.20 JCC, Zoning Districts. [Ord. 12-27-11 § 5.86.]

20.50.870 TU-01 – General temporary use and structure standards.

This temporary use and structure standards (TU) section applies to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 M2 MP IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Cross Reference.

1. Setback Standards. See JCC 20.50.720 through 20.50.810 , sign standards, for the standards for temporary signs.

B. Permit Required. All temporary uses require a temporary improvement location permit except for the garage sale, yard sale, and auction.

C. Termination and Removal. Temporary uses and structures shall be terminated and removed at the end of the permitted event period.

D. Parking.

1. Off-Street Parking. In addition to the required parking for any use, adequate off-street parking is required for each temporary use and structure.

2. Location. The temporary use and structure shall not block any existing drives or public rights-of-way.

E. Signs. See JCC 20.50.720 through 20.50.810 , sign standards.

F. Garage Sales, Yard Sales and Auctions.

1. Frequency. Three (3) cumulative sales events (e.g., garage sale, yard sale, and/or auction) per year per site.

2. Duration. No more than ten (10) days. [Ord. 12-27-11 § 5.87.]

20.50.880 TU-02 – Agricultural temporary use and structure standards.

This temporary use and structure standards (TU) section applies to the following zoning districts:
A1 A2 A3

The following standards shall apply:

A. Seasonal Sale of Farm Produce. The seasonal sale of farm produce shall be permitted with the following requirements:

1. Duration. The seasonal sale of farm produce shall be permitted up to six (6) months per calendar year.

2. Space. The sales space may be permanent, portable, or seasonal construction.

3. Temporary Stands. Any temporary stand shall be removed in off-seasons.

4. Permanent Stands. Any permanent stand shall be closed up with finish material and kept in good repair. [Ord. 12-27-11 § 5.88.]

20.50.890 TU-03 – Residential temporary use and structure standards.

This temporary use and structure standards (TU) section applies to the following zoning districts:
R1 R2 VR M1 M2 MP

The following standards shall apply:

A. Model Homes. Model homes, apartments, and condominiums are permitted with the following requirements:

1. Permit Duration. The temporary improvement location permit shall be valid for three (3) years and may be renewed annually after the initial three (3)-year period if determined to be necessary by the Zoning Administrator.

2. Location. Model homes, model apartments, and model condominiums shall be on the site of the development for which the sales are taking place. [Ord. 12-27-11 § 5.89.]

20.50.900 TU-04 – Nonresidential temporary use and structure standards.

This temporary use and structure standards (TU) section applies to the following zoning districts:
CO PR A4 IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Sale of Seasonal Items. The sale of seasonal items such as Independence Day fireworks, Christmas trees, and Halloween pumpkins is permitted with the following requirements:

1. Duration. The temporary improvement location permit is valid for forty-five (45) days. All unsold merchandise shall be removed within five (5) days after the holiday;

2. Location. The lot shall front a collector or arterial street and the temporary use shall be located a minimum of fifty (50) feet from residential zoning districts. [Ord. 12-27-11 § 5.90.]

20.50.910 VC-01 – Vision clearance standards.

This vision clearance standards (VC) section applies to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 M2 MP IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Vision Clearance Triangle. A vision clearance triangle shall be maintained at every intersection of two (2) or more streets and intersection of a street and driveway.

1. Horizontal Area. The vision clearance triangle leg lengths shall be twenty-five (25) feet as measured from the edge of pavement (see “A” in the following illustration). The vision clearance triangle leg along arterial streets shall be fifty (50) feet. Under no circumstance shall a property owner have to establish vision clearance on an adjacent property.

2. Vertical Area. No primary structures, accessory structures, landscaping, fences or walls, or signs are allowed to be placed or to project into the vision clearance triangle between the heights of two and one-half (2½) feet and nine (9) feet above the crown of the adjacent street.

3. Exceptions. Public signs and utility poles shall be exempt from the vision clearance standards.

[Ord. 12-27-11 § 5.91.]

20.50.920 WT-01 – Small wind turbine systems.

This wind turbine system standards (WT) section applies to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 M2 MP IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Permitted Systems.

1. Horizontal Axis Wind Turbine. A horizontal axis small wind turbine system shall be permitted as per the standards in this section.

2. Vertical Axis Wind Turbine. A vertical axis small wind turbine system shall be permitted as per the standards in this section.

B. Prerequisites.

1. Energy Production Purpose. Small wind turbine systems shall be primarily sized and installed for the purpose of generating energy for an on-site use (i.e., residence, small business, or farmstead). The small wind turbine system shall be sized to not produce more than one hundred fifty percent (150%) of the annual on-site electricity needs.

2. Rated Power Limits. A small wind turbine system’s rated power shall be less than eleven kilowatts (11kW).

3. Lot Size. A minimum three-quarter (3⁄4) acre lot shall be required for a small wind turbine system to be installed.

4. Manufacturer’s Installation Specifications. Any permitted small wind turbine system shall be installed according to the manufacturer’s specifications unless in conflict with applicable standards in the Jasper County Unified Development Code. When conflicts exist, the following standards shall apply:

a. Manufacturer Specifications Are Stricter. When the manufacturer’s specifications are stricter than this section, the manufacturer’s specifications shall be followed.

b. Zoning Standards Are Stricter. When this section is stricter than the manufacturer’s specifications, this section shall prevail, and that particular small wind turbine system shall be considered not permitted.

C. Turbine System Limitations.

1. Minimum Ratings. A small wind turbine system shall be Underwriters Laboratories (UL) listed, have Conformité Européenne marking (CE Mark) for Europe-based manufacturers, be certified by the Canadian Standards Association (CSA) for Canada-based manufacturers, or otherwise approved by an equivalent region-based or County-based standards association recognized as equivalent to the Underwriters Laboratories (UL).

2. Experimental Turbines. Any small wind turbine system that does not meet the minimum ratings shall be considered experimental and shall not be permitted.

3. Connection to the Grid. Any small wind turbine system that is intended to be connected to the power grid shall be IEEE 1547 compliant (Institute of Electrical and Electronics Engineers Standard for Interconnecting Distributed Resources with Electric Power Systems).

D. Supporting Structure.

1. Tower Mounted. A horizontal axis small wind turbine system designed for tower mounting may be mounted on a monopole, pole with guy wires, lattice tower, or lattice tower with guy wires.

2. Roof Mounted. A horizontal or vertical axis small wind turbine system designed for roof mounting may be mounted to the roof of a primary or accessory building.

3. Ground Mounted. A vertical axis small wind turbine system designed for ground mounting shall be mounted on the ground.

E. Height Limitations.

1. Tower Mounted. The maximum tower height for a small wind turbine system shall be eighty (80) feet for lots under five (5) acres, and 110 feet for lots five (5) acres or greater.

2. Roof Mounted. The maximum height of all components of a roof mounted small wind turbine system shall be six (6) feet above the highest point of the roof for residential buildings and ten (10) feet above the highest point on the roof for agricultural, commercial, institutional, and industrial uses.

3. Ground Mounted. The maximum height of all components of a ground mounted small wind turbine system shall be forty (40) feet.

F. Maximum Number of Turbine Systems.

1. Small Lot. A lot with two (2) acres or less shall be restricted to one (1) horizontal axis small wind turbine system and one (1) vertical axis roof mounted small wind turbine system.

2. Large Lots. A lot with more than two (2) acres may have:

a. Up to two (2) tower mounted horizontal axis or ground mounted vertical axis small wind turbine systems; and

b. Up to three (3) roof mounted vertical axis small wind turbine systems.

G. Wind Load. A small wind turbine system shall be engineered to survive a 100 mph wind load or greater.

H. Rotor Diameter. The maximum rotor diameter shall be twenty (20) feet for a small wind turbine system.

I. Location Restrictions.

1. Setback from Property Line. A small wind turbine system, not including guy wires, shall be a minimum of twenty-five (25) feet from the property line or one hundred ten percent (110%) of the height of the tower, whichever is greater.

2. Setback from Buildings. A small wind turbine system, not including guy wires, shall not be required to be setback from any on-site building.

3. Setback from Utilities. A small wind turbine system, not including guy wires, shall be a minimum of fifty (50) feet from any above-ground utility line or one hundred twenty percent (120%) of the height of the tower, whichever is greater.

4. Setback for Guy Wires. Guy wire anchors shall be at least fifteen (15) feet from all property lines.

J. Safety.

1. Roof Mounted Systems. The rotors (blades) of a horizontal axis turbine mounted on a roof shall not extend horizontally beyond the roof line of the building to which it is attached.

2. Ground Clearance. The rotors (blades) of a horizontal axis wind turbine mounted on a tower shall not extend vertically to within twenty (20) feet of the ground.

3. Overspeed Protection. A small wind turbine system shall have a fail-safe breaking system, auto-furling system, or similar system to prevent structural failure due to excessive revolutions per minute (rpm). Overspeed protection shall be a proven industry standard.

K. Nuisance Prevention.

1. Noise. A small wind turbine system shall not generate more than pre-construction ambient sound level plus 5 dBA (dBA L90 + 5dBA) or forty (40) decibels (40dBA L90) whichever is greater measured at the property line.

2. Illumination. A small wind turbine system shall not be illuminated in any way unless required by FAA regulations.

3. Feeder Lines. Feeder lines for wind turbines (i.e., electrical connection between the wind turbine and the on-site structure in which the power is utilized) shall be placed underground.

L. Abandoned Systems. A small wind turbine system shall be considered abandoned if its use as a wind turbine system is discontinued for more than six (6) months. The small wind turbine system shall be removed within six (6) months after being abandoned.

M. Appurtenances. A small wind turbine system shall not have any appurtenances (e.g., lighting, flags, signs, or decorations) attached to it except for meteorological measuring equipment. [Ord. 12-27-11 § 5.92.]

20.50.930 WT-02 – Large wind turbine systems.

This wind turbine system standards (WT) section applies to the following zoning districts:
CO PR A1 A2 A3 IS CP I1 I2 HI

The following standards shall apply:

A. Permitted Systems.

1. Horizontal Axis Wind Turbine. A horizontal axis large wind turbine system shall be permitted as per the standards in this section.

2. Vertical Axis Wind Turbine. A vertical axis large wind turbine system shall be permitted as per the standards in this section.

B. Prerequisites.

1. Energy Production Purpose. Large wind turbine systems shall be primarily sized and installed for the purpose of generating energy for an on-site use (e.g., a school, industry, office building). The large wind turbine system shall be sized to not produce more than two hundred percent (200%) of the annual on-site electricity needs.

2. Rated Power Limits. A large wind turbine system shall have a minimum rated power of eleven kilowatts (11kW) and shall have a maximum rated power level of five hundred kilowatts (500kW).

3. Lot Size. A minimum two (2) acre lot shall be required for a large wind turbine system to be installed.

4. Manufacturer’s Installation Specifications. Any permitted large wind turbine system shall be installed according to the manufacturer’s specifications unless in conflict with applicable standards in the Jasper County Unified Development Code. When conflicts exist, the following standards shall apply:

a. Manufacturer’s Specifications Are Stricter. When the manufacturer’s specifications are stricter than this section, the manufacturer’s specifications shall be followed.

b. Zoning Standards Are Stricter. When this section is stricter than the manufacturer’s specifications, this section shall prevail, and that particular large wind turbine system shall be considered not permitted.

C. Meteorological Tower. Where a large wind turbine is permitted, a meteorological tower may first be installed, but it shall meet setback requirements, and not exceed the height (maximum blade height) allowances applicable to the large wind turbine.

1. Time Frame. A meteorological tower shall be permitted for up to eighteen (18) months.

2. Notification. A notification shall be made to the Planning Department prior to installation of the meteorological tower. If notification is not provided, a violation will occur.

3. Removal. The meteorological tower shall be removed prior to construction of the large wind turbine.

D. Turbine System Limitations.

1. Minimum Ratings. A large wind turbine system shall be manufactured to meet all applicable industry standards for manufacturing practices and safety.

2. Experimental Turbines. A large wind turbine system that does not meet the applicable minimum ratings shall be considered experimental and shall not be permitted.

3. Connection to the Grid. A large wind turbine system that is intended to be connected to the power grid shall be IEEE 1547 compliant (Institute of Electrical and Electronics Engineers Standard for Interconnecting Distributed Resources with Electric Power Systems).

E. Supporting Structure.

1. Tower Mounted Systems. A horizontal axis large wind turbine system designed for tower mounting shall be mounted on a monopole. Lattice towers and towers with guy wires shall not be permitted.

2. Roof Mounted. A large wind turbine system shall not be permitted to be mounted on a roof.

3. Ground Mounted Systems. A vertical axis large wind turbine system designed for ground mounting shall be mounted on the ground.

F. Height Limitations.

1. Tower Mounted. The maximum tower height for a large wind turbine system shall be 120 feet for lots under five (5) acres, and 140 feet for lots five (5) acres or greater.

2. Roof Mounted. Large wind turbine systems are not permitted to be mounted on a roof.

3. Ground Mounted. The maximum height of all components of a ground mounted large wind turbine system shall be sixty (60) feet.

G. Maximum Number of Turbine Systems.

1. Small Lot. A lot with fifteen (15) acres or less shall be restricted to one (1) horizontal axis or vertical axis large wind turbine system.

2. Large Lots. A lot with more than fifteen (15) acres may have up to two (2) horizontal axis or vertical axis large wind turbine systems.

H. Wind Load. A large wind turbine system shall be engineered to survive a 110 mph wind load or greater.

I. Rotor Diameter. The maximum rotor diameter shall be 200 feet for a large wind turbine system.

J. Location Restrictions.

1. Setback from Property Line. A large wind turbine system shall be a minimum of 100 feet or two hundred percent (200%) of the hub height from the property line, whichever is greater.

2. Setback from On-Site Buildings. A large wind turbine system shall be required to be setback 100 feet from any on-site primary building. There is no required setback from accessory structures.

3. Setback from Off-Site Land Uses. A large wind turbine system shall be a minimum of 1,000 feet from a platted residential subdivision, multiple-family residential development, institutional use (e.g., school or church), land zoned single-family residential, land zoned multiple-residential, or land zoned institutional. These standards only apply to off-site properties and should not be construed as restricting any of the above listed types of development (e.g., school or multiple-family development) from choosing to have an on-site large wind turbine system.

4. Setback from Utilities. A large wind turbine system shall be a minimum of 200 feet or two hundred percent (200%) of the hub height from above ground transmission lines, utility lines, or substations, whichever is greater.

K. Safety.

1. Ground Clearance. The rotors (i.e., blades) of a horizontal axis large wind turbine system mounted on a tower shall not extend vertically to within thirty (30) feet of the ground.

2. Anti-icing Technology. A large wind turbine system shall be equipped with technology able to detect icing on rotors that causes the system to shut down when experiencing a significant icing event; or shall utilize another industry accepted standard for protecting against shedding of significant pieces of ice capable of damaging nearby buildings and/or injuring persons or animals on the ground.

3. Controls and Brakes. A large wind turbine system shall be equipped with a redundant braking system that includes both aerodynamic overspeed controls (i.e., variable pitch, tip, and other similar systems) and mechanical brakes.

L. Nuisance Prevention.

1. Noise. A large wind turbine system shall not generate more than pre-construction ambient sound level plus 5 dBA (dBA L90 + 5dBA) or forty (40) decibels (40dBA L90) whichever is greater at the property line.

2. Illumination. A large wind turbine system shall not be illuminated in any way unless required by Federal Aviation Administration (FAA) regulations. Federal Aviation Administration (FAA) regulations shall be demonstrated to the Zoning Administrator prior to installation. If signal lighting is required on the top of a large wind turbine system, then it shall be shielded to prevent light below the horizontal plain.

3. Shadow Flicker. The flickering effect caused by a Federal Aviation Administration (FAA) required signal light or sunlight combined with the turning of the rotor shall be mitigated to the extent possible with the best known technology or practice.

4. Color. A large wind turbine system shall be a nonobtrusive color such as white, off-white, gray, earth tones, or similar nonreflective colors.

5. Signage. No large wind turbine system shall be used to display a commercial message.

6. Signal Interference. The owner shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals, and shall mitigate any harm caused by the large wind turbine system.

7. Feeder Lines. Feeder lines for wind turbines (e.g., between wind turbines and the on-site structure which utilizes the power) shall be placed underground.

8. Spin Direction. Horizontal axis wind turbines shall have a rotor that spins clockwise when viewed from an upwind position. Vertical axis wind turbines shall spin clockwise when viewed from above.

M. Abandoned Systems. A large wind turbine system shall be considered abandoned if its use as a wind turbine system is discontinued for more than six (6) months. The large wind turbine system shall be removed within nine (9) months after being abandoned.

N. Appurtenances. A large wind turbine system shall not have any appurtenances (e.g., exterior lighting, wireless communication antennas, or ornamentation). Weather monitoring devices and safety equipment shall not be considered appurtenances. [Ord. 12-27-11 § 5.93.]

20.50.940 WF-01 – Wireless facilities standards.

This wireless facilities standards (WF) section applies to the following zoning districts:
CO PR A1 A2 A3 A4 R1 R2 VR M1 M2 MP IS LB GC HC CP I1 I2 HI

The following standards shall apply:

A. Permits Required. Wireless facilities shall not be constructed, erected, placed, modified or altered until an improvement location permit has been obtained.

B. Location. Wireless facilities shall not be located within the boundaries of any recorded residential subdivision.

C. Design Requirements. Proposed or modified wireless support structures and antennas shall meet the following design requirements:

1. Height.

a. Towers. Wireless support structures shall not exceed 199 feet in height.

b. Other Structures. All other utility structures and antennas shall meet the height standards in appropriate sections in Chapter 20.20 JCC, Zoning Districts, and in JCC 20.50.350, HT-01 – Height standards.

2. Appearance. Towers and antennas shall be designed to blend into the natural surrounding environment through the use of color and camouflaging architectural treatment, except in an instance where the color is dictated by State or Federal authorities such as the Federal Aviation Administration (FAA).

3. Monopole Design. Towers shall be of a monopole design.

4. Setbacks. Wireless facilities shall meet the following setback requirements:

a. All wireless facilities shall meet the setback requirements of the underlying zoning district; however, a wireless facility that is located in an industrial zoning district may encroach up to ten (10) feet into the required rear yard if the adjoining lot is also in an industrial zoning district.

b. Front Setback. Wireless support structures shall be set back from any right-of-way a minimum distance equal to fifty percent (50%) of the tower height, including all antennas and attachments.

c. Side and Rear Setback. Wireless support structures shall be set back from the side and rear property lines a minimum distance equal to sixty percent (60%) of the tower height, including all antennas and attachments.

d. Wireless support structures shall not be located between the principal structure and a public street.

e. Wireless support structures shall be set back from the boundaries of any recorded residential subdivision a minimum distance equal to one hundred percent (100%) of the tower height.

f. A wireless support structure’s setback may be reduced or its location varied at the sole discretion of the Board of Zoning Appeals to allow for the integration of the wireless facility into an existing or proposed structure, such as a church steeple, light standard, power line support device or similar structure.

5. Co-location. Any proposed wireless support structure shall be designed structurally, electrically, and in all respects to accommodate both the applicant’s antennas and comparable antennas for the following:

a. A minimum of one (1) additional user if the wireless support structure is between sixty (60) and 100 feet in height.

b. A minimum of two (2) additional users if the wireless support structure is 100 feet or more.

6. Accessory Utility Structures. All utility structures needed to support a wireless support structure shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district.

7. Security Fence. Wireless facilities and all accessory utility structures shall be protected by a security fence at least six (6) feet tall.

8. Screening. A live evergreen screen consisting of a hedge, planted three (3) feet on-center maximum, or a row of evergreen trees planted a maximum of ten (10) feet on-center shall be planted around the entire wireless facility and each of the guy wires and anchors, if used. The height of all plants at the time of planting may be no less than five (5) feet.

9. Lighting. Wireless facilities shall not be illuminated by artificial means and shall not display strobe lights, except when it is dictated by State or Federal authorities such as the FAA.

10. Signs. The use of any portion of a wireless facility for the posting of any signs or advertisements of any kind, other than warning or equipment information signs, shall be prohibited.

11. Construction Standards. All wireless facilities are subject to inspection by the Building Inspector during the construction process.

12. Easements. If an easement is required for location of a wireless facility on the property, the easement shall be defined by a legal description prepared for recording and staked by a licensed and registered land surveyor so as to provide proof the facility has been constructed within the easement. The legal description shall be recorded prior to issuance of an improvement location permit.

13. Footers. Footing inspections may be required by the Building Inspector for all wireless facilities having footings.

14. Electrical Standards. All wireless facilities containing electrical wiring shall be subject to the provisions of the National Electric Code, as amended.

D. Inspection of Towers. The following shall apply to the inspection of wireless facilities:

1. Frequency. All towers may be inspected at least once every five (5) years, or more often as needed to respond to complaints received, by the Zoning Administrator and/or a registered, professional engineer to determine compliance with the original construction standards.

2. Investigation. The Zoning Administrator and the Building Inspector may enter onto the property to investigate the matter and may order the appropriate action be taken to bring the facility into compliance.

3. Violations. Notices of violation will be sent for any known violation on the wireless facility.

E. Abandoned Towers. Any tower unused or left abandoned for six (6) months shall be removed by the property owner at its expense. Should the property owner fail to remove the tower after thirty (30) days from the date a notice of violation is issued, Jasper County may obtain an injunction to remove the tower and bill the property owner for the costs of removal and cleanup of the site.

F. Process. The process for application and approval of a wireless facility is described in JCC 20.90.210, Process for wireless facilities. [Ord. 3-7-16A § 1; Ord. 12-27-11 § 5.94.]

20.50.950 CS-01 Commercial solar energy systems.

The standards for Commercial Solar Energy Systems and Battery Energy Storage Systems apply to the following zoning districts:

A1 A2 A3 A4 I1 I2 HI CO

A. Purpose. It is the purpose of these performance standards to enable Jasper County to regulate the use of land for the installation or expansion of commercial solar energy systems and battery energy storage systems; to be informed of the placement of commercial solar energy systems and battery energy storage systems in Jasper County; to preserve and protect public health and safety; to allow for the orderly development of land; and to protect property values in Jasper County.

B. “Commercial solar energy systems (CSES)” is defined in JCC 20.110.020.

C. “Battery energy storage systems (BESS)” is defined in JCC 20.110.020. Any parcel containing a battery energy storage system shall comply with the development standards applicable to commercial solar energy systems in addition to standards expressly applicable to battery energy storage systems.

D. Permitted Districts. Approvals required for a CSES/BESS are as follows:

Zoning District

CO

A1

A2

A3

A4

I1

I2

HI

CSES

SE

SE

SE

SE

SE

SE

SE

SE

SE-Special Exception

E. Lot Sizes.

1. Commercial solar energy systems shall have a minimum total area of ten (10) acres.

2. Battery energy storage systems shall be limited to a maximum of ten (10) acres in total area, as determined by calculating the area within the system’s perimeter security fencing. This standard shall not apply to the campus of the R M Schahfer Generating Station.

F. Parcel Line Setbacks.

1. Any CSES equipment, including ground mounted solar panels/arrays, security fencing, poles, roads, and wires necessary to connect to facilities of the electric utility, must be set back in accordance with the following standards:

a. A minimum of three hundred (300) feet from any adjoining property line.

b. Enhanced minimum setbacks from each property line of a CSES nonparticipating adjoining parcel (residential, educational, and religious use), shall be determined according to the number of sides of the nonparticipating parcel that the CSES adjoins:

i. One side: three hundred (300) feet;

ii. Two sides: four hundred (400) feet;

iii. Three sides: six hundred (600) feet;

iv. All sides: eight hundred (800) feet.

c. Enhanced minimum setbacks from the property line of any CSES nonparticipating adjoining parcel may be waived in writing by the owner of the adjoining nonparticipating property; however, the minimum three hundred (300) foot setback cannot be waived.

d. A CSES occupying multiple parcels may have internal property line setbacks waived by execution of a written document signed by all landowners sharing such a property line.

2. Any BESS equipment, including security fencing, excluding poles, roads, and wires necessary to connect to facilities of the electric utility, must be set back a minimum distance of one thousand three hundred twenty feet (1,320) from the property line in accordance with the following standards:

a. Shall be set back a minimum of one thousand (1,000) feet from any adjoining property line; and

b. Shall be subject to an enhanced minimum setback distance of one thousand three hundred twenty (1,320) feet from the property line of any BESS nonparticipating adjoining parcel (Residential, Educational, and Religious Use).

c. Enhanced minimum setbacks from the property line of any CSES nonparticipating adjoining parcel may be waived in writing by the owner of the adjoining nonparticipating property; however, the minimum one thousand (1,000) foot setback cannot be waived.

3. Setback Waivers. Documents evidencing the existence of setback waivers, including contingent waivers, shall be recorded in the Office of the Jasper County Recorder within forty-five (45) days of the execution of the instrument effecting the waiver of setback. In the event that contingent waivers are recorded, instruments shall be recorded promptly upon the occurrence, expiration, or termination of the contingency. Documents recorded under this subsection shall contain a reference to the current recorded deed of conveyance.

G. BESS Flood Plain Elevation. In the event that a battery energy storage system will be located less than one-half (1/2) mile from the nearest one hundred (100) year flood plain, then all of the BESS equipment must be located at least two (2) feet above the one hundred (100) year frequency flood elevation, or any greater standard established by IC 22-14-8-8.

H. Height Limit. The height of any CSES/BESS ground mounted solar equipment is limited to twenty (20) feet. Height of solar panels shall be calculated when panels are in full tilt and measured from the surrounding natural grade. If a substation is required to connect the project to the electrical grid, the substation’s design, including height, will be in accordance with applicable electrical codes.

I. Noise Limit. A noise study shall be performed and included in the application. Noise from an operational CSES shall not exceed fifty (50) dBA, as measured at the property line of a CSES or BSES nonparticipating adjoining parcel on an hourly average basis (Leq) (one (1) hour). These limits may be waivable by any adjoining property owners consistent with the provisions of subsection (F)(3) of this section.

J. Wildlife Corridors. Wildlife corridors shall be utilized and may be determined during County Technical Review process and Board of Zoning Appeals.

K. Landscape Buffer. JCC 20.50.520, LA-06 – Buffer yard landscaping standards, shall not apply to any CSES or BESS. Any CSES shall be naturally buffered by the planting and farming of crops for production agriculture and maintained in good husbandry, and existing woods and vegetation. Any BESS additionally shall be buffered by a berm a minimum of three (3) feet in height at a 3:1 slope and not within any local, County, or State highway right-of-way. The berm shall be planted with grasses and/or trees and shrubbery approved by the Board of Zoning Appeals and shall be included on the developer’s drainage plan. Any BESS shall be constructed with a subsurface liner to keep contaminates in place.

L. Application Procedure. Applications for CSES/BESS permits shall be filed on forms provided by the Zoning Administrator.

M. Application and Permits.

1. Special Exception. All CSES/BESS facilities require a special exception by the Board of Zoning Appeals (“BZA”) in accordance with JCC 20.90.140, Special exception, except as additionally required herein.

a. The CSES/BESS applicant shall submit a preliminary commercial site plan to the Technical Advisory Committee for review in accordance with JCC 20.90.140 no less than ninety (90) days prior to a BZA public hearing on an application for a special exception, notwithstanding JCC 20.90.140(D)(3). The Technical Advisory Committee shall submit comments to the applicant not later than sixty (60) days after the receipt of the preliminary commercial site plan to give the applicant the opportunity to make amendments to the preliminary site plan.

b. No less than thirty (30) days prior to a public hearing, the applicant shall submit the formal application to the BZA for a special exception in accordance with JCC 20.90.140(E).

c. Construction of a CSES/BESS shall begin within three (3) years of BZA approval.

2. Improvement Location Permit. If a special exception has been granted by the BZA and prior to initiating any on-site development, the developer shall apply for an improvement location permit in accordance with JCC 20.90.060, Improvement location permit. The following shall also be required:

a. Agreements approved by the applicant and Jasper County Board of Commissioners and any other necessary governing bodies of Jasper County Government which may be negotiated at any time prior to the issuance of the Improvement Location Permit:

i. Economic Development Agreement. For any project seeking tax abatement or other assurances, the applicant shall submit an economic development agreement approved by the Board of Commissioners. The economic development agreement shall include, as applicable, the amount of money to be invested, any tax abatement, economic development payments, minimum assessed values of distributable property, payments in lieu of taxes due to changes in law, payments to support of certain public services such as emergency medical services in Jasper County, reimbursement of the County’s professional fees, including attorneys and financial advisors. The economic development agreement shall also include a property value guarantee agreement in the form found in JCC 20.50.950(S).

ii. Road use and repair and traffic management agreement in compliance with this section and additional negotiated terms.

iii. Decommissioning agreement with decommissioning plan in compliance with this section and additional negotiated terms.

iv. Agreement for reimbursement of the County’s costs to retain consultants for permit review and for construction compliance monitoring, and all legal services that might be conducted by the County.

b. Solar system specifications, including typical manufacturer and model.

c. Array/module design and site plans.

d. Certification that layout, design, and installation conform to and comply with all applicable industry standards, such as the National Electrical Code (NEC) (NFPA-70), the American National Standards Institute (ANSI), the Underwriter’s Laboratories (UL), the American Society for Testing and Materials (ASTM), the Institute of Electric and Electronic Engineers (IEEE), the Solar Rating and Certification Corporation (SRCC), the Electrical Testing Laboratory (ETL), and other similar certifying organizations, the Federal Aviation Administration (FAA), the Indiana Building Code (IBC), and any other standards applicable to solar energy systems and battery energy storage systems. The manufacturer specifications for the key components of the CSES/BESS shall be submitted with the application.

e. All ground-mounted electrical and control equipment for CSES/BESS shall be labeled and secured to prevent unauthorized access.

f. All CSES/BESS shall be installed so as not to cause disturbance or interference with television, internet, telecommunications, microwave, GPS, military defense radar, navigational or radio reception to neighboring areas.

g. All CSES shall be situated to eliminate concentrated glare on any part of a nonparticipating parcel, abutting structures, and roadways.

h. All ground-mounted electrical and control equipment for CSES shall be fenced and labeled or secured to prevent unauthorized access. The solar array and/or modules shall be designed and installed to prevent access by the public, and access to same shall be through a locked gate.

i. Fences are required around the perimeter of a CSES/BESS project area and are subject to setback requirements.

ii. Chain link fences shall have a minimum height limit of eight (8) feet.

iii. Razor wire and/or electric fences shall be prohibited.

iv. Fence weave is strongly recommended in chain link fencing where residences are in close proximity. This fence weave will be maintained by the solar owner.

v. Fences shall not obstruct wildlife corridors.

i. To the greatest practical extent, all electrical wires and utility connections for CSES/BESS shall be installed underground, except for transformers, inverters, substations, and controls.

j. Exterior lighting for CSES/BESS shall be shown on the proposed development plan and shall be no more than the minimum necessary for security. Any such lighting shall be shielded and/or oriented to prevent direct or indirect lighting on a dwelling of a nonparticipating parcel. Light shall not exceed one-half (0.5) foot candles at the property line of an adjoining residential parcel.

k. All signs, other than the manufacturer’s or installer’s identification, appropriate warning signs, or owner identification on a solar panel array and/or modules, building, or other structure associated with a CSES or BESS, shall be prohibited.

l. The CSES/BESS applicant shall certify that the applicant will comply with the utility notification requirements contained in Indiana law and accompanying regulations through the Indiana Public Utility Commission, unless the applicant intends, and so states on the application, that the system will not be connected to the electricity grid.

m. Wetlands and Erosion Control – Any site containing part of a state-regulated wetland shall produce a permit issued by the Indiana Department of Environmental Management or proof of exemption and otherwise demonstrate compliance with IC 13-18-22 et seq.

n. A decommissioning agreement must be executed by the applicant which stipulates that decommissioning of the entire facility will begin upon the occurrence of twelve (12) consecutive months of no power generation at the facility. After commercial operations commence, the operator shall provide monthly power production data to the Zoning Administrator for each parcel. In order to facilitate and ensure appropriate removal of the energy generation equipment of a CSES, and energy storage equipment of a BESS, when it reaches the end of its useful life, or if the applicant ceases operation of the facility, applicants must file a notice of intent to decommission which details the means by which decommissioning will be accomplished and the timeline for completion. The decommissioning agreement must include a description of implementing the decommissioning, a description of the work required, a cost estimate for decommissioning, a schedule for contributions to a decommissioning fund, and a demonstration of financial assurance. Salvage value shall be considered in determining decommissioning cost. In the event of a force majeure or other event which results in the absence of electrical generation for twelve (12) months, by the end of the twelfth month of nonoperation the applicant must demonstrate to Jasper County that the project will be substantially operational producing electricity within twenty-four (24) months of the force majeure or other event. If such a demonstration is not made to Jasper County’s satisfaction the decommissioning must be initiated eighteen (18) months after the force majeure or other event. The County considers a force majeure to mean fire, earthquake, flood, tornado, or other acts of God and natural disasters, and war, civil strife or other similar violence. The decommissioning agreement shall require the operator of any CSES/BESS to secure and provide a performance bond or submit an escrow deposit in an amount determined by a third-party engineering firm to ensure the proper decommissioning and removal of the CSES/BESS. The applicant will have the financial assurance mechanism in place prior to the issuance of an improvement location permit and will re-evaluate the decommissioning cost and financial assurance every five (5) years beginning on the fifth anniversary following the issuance of the improvement location permit. Every five (5) years after the start of construction, updated proof of acceptable financial assurance must be submitted to Jasper County for review. Proof of acceptable financial assurance will be required prior to the start of commercial operation.

o. The site plan should be submitted in accordance with the plan requirements of the Jasper County Storm Drainage, Erosion and Sediment Control Ordinance (Rule 5), JCC 20.50.250(D)(5).

p. Drainage Board approval.

q. Fire Protection and Emergency Management. The operator of any CSES containing a BESS shall include in the application for an improvement location permit:

i. Indiana Department of Homeland Security’s written approval to operate the BESS pursuant to IC 22-14-8-4.

ii. Proof of transmission of the emergency response plan by the fire department(s) responsible for fire protection services in the area in which the BESS will be located.

iii. Proof of transmission of the developer’s offer to conduct annual training sessions required by IC 22-14-8-9(a) and described in IC 22-14-8-9(b) to members of the local fire department(s), with the first training session scheduled to be completed before BESS equipment and materials arrive on site.

iv. Additionally, the operator shall provide proof it has provided needed fire suppression equipment and supplies necessary to enable the local fire department(s) and emergency medical services to respond effectively to an emergency event such as a fire, discharge or threatened discharge of environmental contaminants.

v. Applicant agrees to pay all attorney fees and costs in the enforcement of the terms of this section.

r. The owner or operator of any CSES/BESS shall maintain a current general liability policy covering bodily injury and property damage, and cyber insurance to protect from data breaches and other cyber security issues. Jasper County shall be named as an additional insured with dollar amount limits per occurrence in the amount of $10,000,000 minimum for all CSES/BESS with a liability study by three (3) independent insurance companies to determine adequate coverage. Proof of liability insurance shall be sent to the County Attorney and the Auditor in care of the Board of Commissioners annually. Failure to maintain said insurance shall result in the cancellation of the special exception permit by the Zoning Administrator.

s. The owner or operator of any CSES/BESS shall provide fixed site pollution liability insurance appropriate for the ownership structure of the site including contractor’s pollution liability insurance. The amount of coverage shall be negotiated as part of the development planning process but shall include a minimum of $1,000,000 in coverage per two hundred (200) acres of fenced project area.

t. Cost Adjustments. Terminology shall be included in any and all insurance policy or guarantee agreement that provides policy limit adjustments derived from the US Bureau of Labor Statistics Consumer Price Index (CPI) to protect against inflation. The Board of Commissioners may review coverage amounts as often as every five (5) years and modify, as necessary, to determine if appropriate limits have drifted too far from the CPI adjusted level.

3. Certificate of Occupancy or Use Permit. Near the completion of construction and prior to the commercial operations date (“COD”), the owner or operator of the CSES/BESS shall give notice to the zoning administrator of the request for a certificate or occupancy or use permit, as applicable, to give the Zoning Administrator and other County permitting agencies the opportunity to inspect the project and ensure compliance with the improvement location permit and other permits. Commercial operations may not commence until all such occupancy or use permits are granted.

N. Public Improvements and Repairs.

1. Road Capacity. During construction, roads shall remain open at all times except for periods of time less than ten (10) minutes. Expected loss of capacity (i.e., temporary closures) greater than ten (10) minutes shall require notice to neighboring and affected property owners twenty-four (24) hours prior to the temporary closure, and either a detour to be established or personnel to redirect traffic to alternate routes during the temporary closure. Any necessary temporary closures and proposed detours shall be made known to the Highway Department at least twenty-four (24) hours prior to the temporary closure or as otherwise agreed.

2. Commitment to Avoid Disruptions. In addition to a surety, the CSES/BESS operator shall sign an affidavit indicating they will strive to avoid:

a. Damage to roads;

b. Unreasonable disruption of vehicular circulation around the development site; and

c. Unreasonable disruption of power or other utility services to surrounding areas.

3. Temporary laydown/staging areas shall be no less than four hundred (400) feet from the property line of any nonparticipating property.

4. Reasonable dust control measures will be required by the County during construction of CSES/BESS projects as part of the road use agreement. The Highway Department Superintendent may make request for dust control measures which shall be applied within twenty-four (24) hours of request. Upon expiration of the twenty-four (24) hour period, the County may, without additional notice to the developer, apply the dust control at the developer’s expense.

O. Public Notice. The CSES/BESS operator shall identify all State highways and local roads to be used in the transport of equipment and parts for construction, operation, or maintenance of the solar farm. It shall also prepare a timeline and phasing plan for construction and identify any known road closures. This information shall be released to the local newspapers as notice to persons who may be affected. This information shall also be conveyed to local law enforcement, emergency services, public school corporations, the United States Postal Service, and the regional office of the Department of Transportation.

P. As-Built Plans Requirement. Upon completion of all development, the exact measurements of the location of utilities and structures erected during the development are necessary for public record and shall therefore be recorded. The applicant, owner, or operator shall submit a copy of the final construction plans (as-built plans), as amended, to the Planning Administrator with the exact measurements shown thereon. The Planning Administrator, after being satisfied that the measurements are substantially the same as indicated on the originally approved final plans, shall approve, date and sign said construction plans for the project, which the applicant, owner, or operator shall then record.

Q. Parent Guarantee. The parent of a subsidiary owner or operator shall provide a parent guarantee of the performance of the obligations of the owner or operator relating to the development.

R. Change in Ownership. It is the responsibility of the owner or operator listed in the application to inform the advisory plan staff of all changes in ownership and operation during the life of the project, including the sale or transfer of ownership or operation.

S. Property Value Guarantee Agreement Form. The following form of property value guaranty shall be used by the Board of Commissioners as part of the economic development agreement. The Board of Commissioners shall determine and complete the matters which are left blank in the following form:

PROPERTY VALUE GUARANTEE

(Legal Name of Owner and Operator of the project) and their assigns and successors in interest (hereinafter jointly and severally referred to as “Guarantor”) agree to guarantee (the “Guarantee”) the value of all owner-occupied residential dwellings owned by all Non-Participating Landowners owners of record (hereinafter referred to individually as “Owner” and collectively as “Owners”) as of the date of the granting of secondary approval of the Development Plan for the [Legal Name] for properties which are located within one (1) mile of the perimeter fencing of a CSES/BESS as shown on the site plan contained within the BZA-approved development plan and to guarantee the value of all residential dwellings owned by Owners whose ownership is of record in the office of the Jasper County Recorder on the date of the granting of a Special Exception by the Jasper County Board of Zoning Appeals.

The location of each Owner of a residential dwelling within one (1) mile of the perimeter fence of a CSES/BESS shall be noted on the Development Plan. Within thirty (30) days of the granting of the Special Exception, the Guarantor shall provide each eligible Owner with written notice by certified mail to the Owner’s address as set forth in the property tax records of Jasper County describing the terms of the Guarantee. To qualify for the Guarantee each Owner must notify the Guarantor within ninety (90) days of the mailing of the notice of his or her intent to participate, and Guarantor shall thereafter obtain and submit to Owner an Indiana licensed appraiser’s report containing the appraised value of the Owner’s property within sixty (60) days following the date of the Guarantor’s receipt of Owner’s notice. Owner may accept the value of the property based on the appraisal or may obtain his or her own appraisal prepared by an Indiana licensed appraiser. If the Owner’s appraisal is less than or within 5% above the Guarantor’s appraisal, the guaranteed value (“Guaranteed Value”) shall be the average of the two appraisals. If the Owner’s appraisal is more than 5% above the Guarantor’s appraisal and the Owner is not willing to accept the Guarantor's appraisal, the two appraisers shall agree upon a third Indiana licensed appraiser, to be paid for 50% by Guarantor and 50% by the Owner, who shall appraise the property and whose appraised value shall be the Guaranteed Value for that property.

The period of the Guarantee shall be for a period of five years following the issuance of the final certificate of occupancy or use for the operation of the CSES/BESS. The Guarantee shall extend only to Owners of record as of the date of the granting of the Special Exception and not to the assignees or subsequent owners or purchasers. In the event any property covered by this Guarantee is listed for sale by a licensed real estate broker for a period of not less than six (6) months and during such period, the Owner either does not receive an offer or receives an offer below the Guaranteed Value, Owner, subject to the restrictions below, shall notify Guarantor of the intent to exercise Owner’s right under this Guarantee and within thirty (30) days of the receipt of this notice Guarantor shall do one of the following:

A. Authorize Owner to accept the pending bona fide offer and to pay the Owner at closing of the sale the difference between the purchase price set forth in the offer and the guaranteed value.

B. Immediately take steps to purchase the dwelling from Owner at the guaranteed value with such purchase to be completed within sixty (60) days of receipt by Guarantor of notice by Owner of Owner’s failure to receive a bona fide offer for the guaranteed value after having listed the property for a period of six months with a licensed real estate broker.

In any case in which there is a purchase offer pending for which Owner expects to make a claim under this Guarantee, Owner shall provide a copy of such offer to Guarantor. In the event Guarantor is required to purchase Owner’s dwelling, Owner shall convey fee simple title to the property, free and clear of all liens and encumbrances by delivery of a Warranty Deed at closing. At closing Guarantor shall pay for preparation of the warranty deed, vendor’s affidavit, and all title insurance fees, closing fees, and all survey expenses if it is necessary to subdivide the dwelling from other real estate of the Owner. Guarantor’s obligations hereunder are hereby expressly made contingent upon Owner: performing routine maintenance and repairs on the dwelling; the dwelling or property being in the same condition on the date of sale as it was on the date first appraised hereunder; the delivery of the property free and clear of all liens and subject only to such easements and other encumbrances commonly accepted in residential real estate transactions; and Owner conveying fee simple title to the dwelling or property to Guarantor by recordable Warranty Deed at closing. All notices to Owner and Guarantor shall be to the address of Owner and Guarantor as listed on the property tax records of Jasper County.

[Ord. 08-19-24 § 2; Ord. 3-4-19A § 1.]

20.50.960 WE-01 – Geological and structure test well standards.

The geological and structure test well standards apply to the following zoning districts:

A1 A2 A3 A4 I1 I2 HI

A. Purpose. It is the purpose of these performance standards to enable Jasper County to: regulate the permitting of geological and structure test wells; be informed of the placement of geological and structure test wells; preserve and protect public health and safety; allow for the orderly development of land; and protect property values in Jasper County.

B. “Geological or structure test well (GSTW)” is defined in JCC 20.110.020.

C. Permitted Districts. Approvals required for a GSTW are as follows:

Zoning District

A1

A2

A3

A4

I1

I2

HI

GSTW

SE

SE

SE

SE

SE

SE

SE

SE-Special Exception

D. Parcel Line Setbacks. Any GSTW equipment, including security fencing, shall be set back a nonwaivable minimum distance of one thousand three hundred twenty (1,320) feet from any adjoining property line.

E. Lot Size.

1. A parcel containing a GSTW shall have a minimum in total area of ten (10) acres.

2. A maximum of one (1) GSTW may be located on any parcel.

F. Fencing. All ground mounted electrical and control equipment for GSTW shall be fenced and labeled or secured to prevent unauthorized access.

1. Fences are required around the perimeter of a GSTW project area and are subject to the setback requirements.

2. Chain link fences shall have a minimum height limit of eight (8) feet.

3. Razor wire and/or electric fences shall be prohibited.

G. Application Procedure. Applications for GSTW permits shall be filed on forms provided by the Zoning Administrator.

H. Application and Permits.

1. Special Exception. All GSTWs require a special exception by the Board of Zoning Appeals (“BZA”) in accordance with JCC 20.90.140.

a. Any GSTW shall be required to submit a preliminary commercial site plan to the Technical Advisory Committee for review in accordance with JCC 20.90.140. Such review shall occur within thirty (30) days of filing.

2. Improvement Location Permit. If a special exception has been granted by the BZA and prior to initiating any on-site development, the developer shall apply for an improvement location permit in accordance with JCC 20.90.060, Improvement location permit. The following shall also be required:

a. The operator shall provide the following in support of a GSTW application:

i. Complete copy of the Federal and/or State-issued well permit.

ii. Copy of the application for the well permit including all correspondence with and supporting documentation produced to the Federal and/or State permitting bodies.

b. GSTW application fee as provided by JCC 20.120.010(L).

c. Site plan depicting the following:

i. Well locations each described by permit number and date of issuance.

ii. Access roads.

iii. Other improvements and facilities to be constructed in addition to wells.

iv. All existing items of record, including all boundary lines, easements, and any improvements.

d. Drainage Board approval of the operator’s drainage plan.

e. County Highway/Commissioners approval for any driveway permits or right-of-way permits (if applicable).

f. Proof of notice given to the Assessor of all planned wells, fixtures, improvements, facilities, etc., on the affected parcels.

g. Provisional approval by the Zoning Administrator authorizing construction to commence.

3. Issuance of Use Permit.

a. After construction and before commission, the operator shall provide the Zoning Administrator with the following:

i. Survey of the subject parcel that is suitable for recording and signed by a licensed surveyor depicting, at minimum, the following:

(A) All boundaries of the subject parcel.

(B) As-built improvements.

(C) Well locations identified by permit number and date of issuance.

(D) Access roads.

(E) Other improvements and facilities constructed in addition to wells.

(F) All existing items of record, including all boundary lines, easements, and any improvements.

(G) Surveyor’s report.

ii. Proof of the Assessor’s receipt of notice of all wells, fixtures, improvements, facilities, etc., on the affected parcels.

iii. On-site inspection of the subject property by the Zoning Administrator.

b. If the Zoning Administrator is satisfied that the operator has met the foregoing requirements, then the Zoning Administrator shall:

i. Issue a use permit to the operator; and

ii. Record the as-built survey. [Ord. 07-01-24B § 1; Ord. 06-03-24B § 2.]

20.50.970 Reserved.

[Ord. 06-03-24B § 3.]