The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Aboveground shall mean entirely above the natural grade of the property, excepting the foundation.

Underground shall mean entirely below the natural grade of the property, excepting vents, not to exceed thirty-six (36) inches in height, and entranceways, not to exceed thirty-six (36) inches in height when in open position.

(P & Z Res., art. XXIII, § 2)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a)

One- and two-family shelters shall be permitted in any residential A-1 or A-2 zoning classification district.

(b)

Community shelters (more than one- or two-family use) shall be permitted in any zoning classification district after public hearing and approval by the planning and zoning commission.

(c)

Display shelters for commercial purposes (not to be occupied) shall be permitted in commercial and industrial zoning classification districts only.

(P & Z Res., art. XXIII, § 1)

All structures constructed as fallout shelters shall be those types approved by or in accordance with the plans issued by the office of civil defense mobilization (OCDM); provided, however, any plans of structures to be used as fallout shelters not previously approved by OCDM shall bear the signature and seal of a state registered architect or professional engineer. Such plans shall be subject to review by the building official of the county.

(P & Z Res., art. XXIII, § 3)

(a)

Aboveground fallout shelters shall be considered as accessory structures and must meet the setback requirements for an accessory building.

(1)

The planning and zoning director shall have the power to grant a maximum fifty (50) percent variance from the requirements for an accessory building to be twenty (20) feet from the main building.

(2)

No accessory fallout shelter may be erected on any lot on which there is no principal structure.

(b)

A fallout shelter may be attached to the principal structure, provided it meets with the same setback requirements as the principal structure.

(c)

Underground fallout shelters may be located anywhere on the property in question; provided, the entrance to the shelter and the vent pipes are the only portions thereof which are aboveground or above the normal grade level.

(P & Z Res., art. XXIII, § 4)

All shelters constructed under these special regulations for use as a fallout shelter shall be for emergency use only and shall not be used as a habitable dwelling facility except by the occupants of the principal building.

(P & Z Res., art. XXIII, § 5)

A building permit is required to be issued for all fallout shelters, whether aboveground or underground, prior to construction being started.

(P & Z Res., art. XXIII, § 6)