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Owen County Unincorporated
City Zoning Code

ZONE STANDARDS

§ 155.045 RESIDENTIAL DEVELOPMENT STANDARDS.

   (A)   Introduction. Residential development shall be defined as the development of one residence on property that is not going to be subdivided for further developments. These standards have been created to preserve and enhance a safe, pleasant living environment for the people of the county. It is intended to provide a variety and mix of dwelling types.
   (B)   Permitted uses.
      (1)   Single-family dwelling;
      (2)   Estate Residential;
      (3)   Multi-Family Residential;
      (4)   Accessory building and uses incidental to the use permitted, located on the same lot;
      (5)   Temporary construction building; and
      (6)   Home occupation.
   (C)   Residential standards.
      (1)   Signs intended to be seen outside lot lines:
         (a)   Business signs, except for home occupation are not permitted;
         (b)   No sign shall project beyond the lot line, or hinder or obstruct sight lines in the adjacent roadway. Further, no sign shall be placed so as to hinder or obstruct any pedestrian path; and
         (c)   No sign shall be larger than 32 square feet.
      (2)   Fences, walls, and hedges, notwithstanding other provisions of this master plan, fences, walls, and hedges may be permitted in any yard or along the edge of any yard, providing that driveway entrances are not shielded by fences, walls and hedges in such a way as to obstruct the view of a driver entering a public road from the driveway and not to obstruct vision of public right-of-way traffic and/or obstruct any pedestrian path.
      (3)   Lot size, setback distance and required off-street parking are as set forth in the §§ 155.080 through 155.123 and 155.143 of this chapter.
      (4)   Maximum building height shall not exceed two and one-half stories or 35 feet.
      (5)   Minimum ground level square footage (excluding open porches, terraces and garages):
         (a)   Single story: 650 feet;
         (b)   Two story: 1,050 feet;
         (c)   Tri-level (basement and first level): 1,250 feet; and
         (d)   Story and one-half: 975 feet.
   (D)   Restrictions for permitted uses. Only single-family detached dwelling units are permitted.
      (1)   For all side yards, when the structure is in excess of two stories, for each story over the second, the total side yard shall increase by at least ten feet.
      (2)   Lighted areas shall be placed in such a way that they do not infringe upon the rights of adjacent property owners.
      (3)   Areas for parking shall not be closer than ten feet from the nearest lot line.
   (E)   Restrictions. Not more than 25% of the structure shall be used for nonresidential purposes.
   (F)   Residential development standards. All residential dwelling units are subject to the general provisions of §§ 155.080 through 155.123 of this chapter where applicable. In addition, the following standards apply:
      (1)   Site design and community impacts:
         (a)   Road hierarchy is how roads surrounding the site are used to connect the site to its surroundings. Connecting the development directly to a major highway is discouraged as a safety hazard due to traffic congestion, as cars exit or enter the new development. Entrance on a paved county road is preferred. Entrance on a gravel county road is mandatory.
         (b)   Sidewalks allow workers to move freely throughout the development without having to walk to the street making the area safer.
         (c)   The conservation of energy allows business owners to save money and saves local energy companies the cost of expansions. Energy saving provides the entire community the benefits of lower pollution and should be encouraged.
         (d)   Landscaping provides a more attractive setting for industries, can reduce summer heating costs and provides wildlife habitat. Buffering between conflicting land uses is required.
         (e)   Parking lights make industrial areas safer at night and lower risks of robbery.
         (f)   Higher quality roads and parking make developments more attractive.
         (g)   Buffering or screening of industrial areas to adjacent land uses is required if the adjacent land use is residential or recreational, and is highly encouraged for other conflicting land uses.
         (h)   Employing local labor by using county workers so more money is brought into their community and commuting costs can be lowered is strongly encouraged.
         (i)   The use of products made in the county increases economic activity and can lead to new jobs in the county and is therefore strongly encouraged.
      (2)   Context and environmental impacts:
         (a)   Subdivisions (and other land uses) built adjacent to conflicting land uses can cause decreasing land values, create possible safety hazards to residents and are generally not in the public interest. Buffering is required between industrial and residential or recreational uses and encouraged between other land uses.
         (b)   Developments built in isolated areas cost more in infrastructure and transportation costs and should be discouraged.
         (c)   Close proximity to fire and police services allows better services at less public cost and therefore is strongly encouraged.
         (d)   Close proximity to schools and medical facilities allows better services at less public cost and therefore is strongly encouraged.
         (e)   Close proximity to commercial developments (must be drug store, grocery store, department store or convenience store) allows easier access to every day needed items and reduces traffic.
         (f)   Proximity to industries and major employers allows a quicker travel time to work and less traffic.
         (g)   Close access to power, gas and water lines provides more efficient use of limited public resources and therefore is strongly encouraged.
         (h)   Close access to roads makes the site easier to get to and eliminates the need for new access roads to be built and maintained.
         (i)   Erosion control measures should be provided on hillsides to prevent the loss of ground and reduce pollution.
         (j)   Developments that enhance, not reduce, forest lands should be encouraged.
         (k)   Prime farm land should not be built upon except as a last resort to preserve the value of crop production.
(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003; BC Res. 2007-28, passed 7-17-2007) Penalty, see § 155.999

§ 155.046 MULTI-FAMILY DEVELOPMENT STANDARDS.

   (A)   Introduction. Multi-family, including apartment, duplexes, and condominiums shall be defined as a permanent building designed or used exclusively for residential occupancy, containing two or more dwelling units per building.
   (B)   Permitted uses.
      (1)   Multi-family dwelling;
      (2)   Accessory building and uses incidental to the use permitted, located on same lot;
      (3)   Temporary construction buildings;
      (4)   Apartments;
      (5)   Condominiums;
      (6)   Parking lots needed to fulfill parking requirements for an existing or permitted use;
      (7)   Duplexes; and
      (8)   Home occupation.
   (C)   Apartment standards.
      (1)   Minimum lot frontage on public roads shall be 120 feet;
      (2)   Minimum lot size (see §§ 155.080 through 155.123 of this chapter);
      (3)   Minimum setback lines:
         (a)   Front yard: 120 feet on primary and secondary arterial; 80 feet on major and minor collectors; and 60 feet on other roads;
         (b)   Side yards: see §§ 155.080 through 155.123 of this chapter; and
         (c)   Rear yards: see §§ 155.080 through 155.123 of this chapter.
      (4)   Maximum building height shall not exceed two and one-half stories or 35 feet;
      (5)   Minimum ground level square footage (excluding open porches, terraces and garages):
         (a)   Single story: 650 square feet per unit;
         (b)   Two story: 650 square feet per unit;
         (c)   Tri-level: 650 square feet per unit (basement and first level); and
         (d)   Story and one-half: 650 square feet per unit.
      (6)   Two parking spaces per unit are required for all apartments. At least four additional parking spaces are required for apartment complexes with clubhouses. No parking spaces are required for recreational areas;
      (7)   Signs:
         (a)   One nameplate is allowed per building and shall not exceed ten square feet;
         (b)   One freestanding sign is allowed per entrance to the development, but each sign shall not exceed ten square feet;
         (c)   Billboards and advertising signs are not allowed; and
         (d)   Temporary real estate signs, construction or contractor’s signs shall not exceed two in number per lot or be more than six square feet.
   (D)   Multi-family development standards.
      (1)   Site design and community impacts.
         (a)   Road hierarchy is how roads surrounding the site are used to connect the site to its surroundings. Connecting the development directly to a major highway is discouraged as a safety hazard due to traffic congestion, as cars exit or enter the new development. Entrance on a paved county road is preferred. Entrance on a gravel county road is mandatory.
         (b)   Sidewalks allow workers to move freely throughout the development without having to walk in the street making the area safer.
         (c)   The conservation of energy allows business owners to save money and saves local energy companies the cost of expansions. Energy saving provides the entire community the benefits of lower pollution and should be encouraged.
         (d)   Landscaping provides a more attractive setting for industries, can reduce summer cooling costs and provides wildlife habitat. Buffering between conflicting land uses is required.
         (e)   Parking lights make industrial areas safer at night and lower risks of robbery.
         (f)   Higher quality roads and parking make developments more attractive.
         (g)   Buffering or screening of industrial areas to adjacent land uses is required if the adjacent land use is residential or recreational, and is highly encouraged for other conflicting land uses.
         (h)   Employing local labor by using county workers so more money is brought into their community and commuting costs can be lowered is strongly encouraged.
         (i)   The use of products made in the county increases economic activity and can lead to new jobs in the county and is therefore strongly encouraged.
      (2)   Context and environmental impacts.
         (a)   Subdivisions (and other land uses) built adjacent to conflicting land uses can cause decreasing land values, create possible safety hazards to residents, and are generally not in the public interest. Buffering is required between industrial and residential or recreational uses and encouraged between other land uses.
         (b)   Developments built in isolated areas cost more in infrastructure and transportation costs and should be discouraged.
         (c)   Close proximity to fire and police services allows better services at less public cost and therefore is strongly encouraged.
         (d)   Close proximity to schools and medical facilities allows better services at less public cost and therefore is strongly encouraged.
         (e)   Close proximity to commercial developments (must be drug store, grocery store, department store or convenience store) allows easier access to every day needed items and reduces traffic.
         (f)   Proximity to industries and major employers allows a quicker travel time to work and less traffic.
         (g)   Close access to power, gas, and water lines provides more efficient use of limited public resources and therefore is strongly encouraged.
         (h)   Close access to roads makes the site easier to get to and eliminates the need for new access roads to be built and maintained.
         (i)   Erosion control measures should be provided on hillsides to prevent the loss of ground and reduce pollution.
         (j)   Developments that enhance, not reduce, forest lands should be encouraged.
         (k)   Prime farm land should not be built upon except as a last resort to preserve the value of crop production.
(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.047 MOBILE HOME PARK DEVELOPMENT STANDARDS.

   (A)   Introduction. Notwithstanding any other provisions or restrictions provided in this chapter, the following procedures, standards and restrictions shall apply to all future mobile home developments.
   (B)   Permitted uses.
      (1)   Mobile homes;
      (2)   Accessory buildings;
      (3)   Parks;
      (4)   Parking areas needed for mobile homes or accessory buildings; and
      (5)   Home occupations.
   (C)   Definitions.    For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      CLEAR DISTANCE. The unobstructed distance from a given point, mobile home, or line to the closest point or points of adjacent mobile home(s).
      MOBILE HOME. Factory-constructed, transportable structure designed for permanent residential use when placed upon a foundation and connected to utilities. The minimum length of a mobile home shall not be less than 35 feet excluding the hitch and other transporting appurtenances with a total floor area of not less than 350 square feet. Mobile homes must meet or exceed federal and state mobile home construction codes of 1976.
      MOBILE HOME PARK. An area of land upon which five or more mobile homes are harbored for the purpose of being occupied as principal residences and include all real and personal property used in the operation of the MOBILE HOME PARK. An area of land that is subdivided and contains individual lots, which are leased or otherwise contracted for, is a MOBILE HOME PARK if five or more mobile homes are harbored there for the purpose of being occupied as principal residences.
      MOBILE HOME PARK STREET. A public or private way other than an alley which affords a primary means of access to abutting property within a mobile home park.
      MOBILE HOME SUBDIVISION. Any site, lot, field, or tract of land under simple ownership, or ownership of two or more persons, which is to be divided into smaller sites, lots, fields, or tracts of land, which are to be sold for use by the purchaser to park such purchaser’s mobile home.
      RECREATION CAMPGROUND. An area of land on which two or more recreational vehicles, including campers, tents, RVs or other simple temporary recreational structures; are regularly accommodated for short-term occupancy with or without charge. Including the building, structure or fixture of equipment that is used or intended to be used in connection with providing such accommodations.
      RECREATIONAL VEHICLE (RV). A vehicle primarily designed as temporary living quarters for recreation, camping or travel, either with its own motor power, or mounted on, or towed by another powered vehicle.
      TRAVEL TRAILER. A vehicle or other portable structure less than 35 feet in length, designed to move on the highway, not under its own paper, and designed or used as a recreational dwelling.
   (D)   Application procedure for mobile home park. The requirements and provisions of §§ 155.080 through 155.123 of this chapter apply to an application for mobile home park. In addition, the applicant must procure all necessary permits from the state.
   (E)   Mobile home parks design standards. The design requirements of a mobile home park are as follows:
      (1)   Each mobile home park shall contain a minimum of five acres.
      (2)   Mobile home stands must be so located that when occupied by a mobile home, the clear distance between a mobile home and any adjacent mobile home at any point will not be less than 25 feet.
      (3)   No mobile home shall be located closer than 25 feet to any building within the mobile home park.
      (4)   The minimum depth of front yard of a mobile home park, where such park abuts a major arterial street is 60 feet. The minimum depth of front yard of a mobile home park, where such park abuts a minor arterial street is 40 feet. The minimum depth of front yard of a mobile home park, where such park abuts a local street right-of-way, is 25 feet. If such mobile home park abuts on two or more streets, then there shall be a front yard on each street as stated above.
      (5)   The minimum depth of side and rear yards of a mobile home park shall be 25 feet unless adequate screen planting is provided and as provided approved by the Plan Commission. When so approved, the minimum depth of side and/or rear yard shall be ten feet.
      (6)   Each mobile home, or mobile home stand, or mobile home space shall be provided with two parking spaces adjacent thereto; such parking spaces shall have unobstructed access to a mobile home park street. No on-street parking shall be permitted.
      (7)   The clear distance between any mobile home and the centerline of the abutting mobile home park street shall be a minimum of 25 feet.
      (8)   Each mobile home shall have access to, and the use of a general storage space of a minimum of 90 cubic feet in a building of fire-proof design, or storage space under the mobile home may be used provided said storage is shielded from view by underpinning of the mobile home.
      (9)   The Planning Commission requires curbs and/or gutters in mobile home parks where, in the opinion of said Plan Commission and/or Department of Natural Resources (DNR), drainage of surface water, as provided by the applicant in its development plans, is insufficient to properly carry such surface water.
      (10)   Surface drainage, as approved by the Planning Commission, shall be installed and maintained by the applicant(s) or his or her successor(s) in title.
      (11)   A maximum of six mobile homes shall be permitted per acre. This maximum shall be determined from the gross acreage of the mobile home park.
      (12)   In approved mobile home parks, there shall be no minimum ground floor area requirements for mobile homes located therein. Where permitted, individual mobile homes outside of approved mobile home parks, mobile home subdivisions and recreational vehicle parks, shall have a minimum of 350 square feet of ground floor area.
      (13)   Coin-operated laundries, laundry and dry cleaning pick-up stations, and other commercial convenience establishments may be permitted in mobile home parks, provided that:
         (a)   They are subordinate to the residential character of the park;
         (b)   They are located, designed and intended to serve only persons living in the park;
         (c)   The establishments and associated parking areas shall not occupy more than 10% of the total area of the park; and
         (d)   The establishments shall not be visible outside the park.
      (14)   Foundation skirting shall completely enclose the undercarriage of each mobile home with a non-decaying, non-corroding material extending at least six inches into the ground or into impervious material.
      (15)   No individual mobile home within a mobile home park shall have direct vehicular access to any public street.
      (16)   Signs.
         (a)   One freestanding sign is allowed per entrance to the development, but each sign shall not exceed ten square feet.
         (b)   Billboards and advertising signs are not permitted.
         (c)   Temporary real estate signs, construction or contractor’s signs shall not exceed two in number or more than six square feet each.
(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003) Penalty, see § 155.999

§ 155.048 RECREATIONAL VEHICLE PARKS.

   (A)   Introduction. Recreational vehicle parks are defined as any land used for the temporary parking of two or more recreational vehicles by campers, vacationers or travelers.
   (B)   General provisions. In any area in which recreational vehicle parks are permitted, the following requirements shall apply:
      (1)   Recreational vehicle parks shall have direct access to a public highway or road with sufficient frontage for the proper construction of safe entrances and exits.
      (2)   Conditions of soil, groundwater level, drainage, geologic structure, and topography shall not create hazards to the park site or to the health and safety of occupants; not shall the site be subject to the hazards of objectionable smoke, odor, or noise, or the possibility of subsidence, sudden flooding, or severe erosion.
      (3)   The density of the park shall not exceed 15 recreational vehicle spaces for each acre of gross site area.
      (4)   The minimum area of a recreational vehicle park shall be five acres.
      (5)   Recreational vehicles shall be separated from each other and from other park buildings or structures by a minimum of 25 feet.
      (6)   All recreational vehicles and structures shall comply with required minimum setback and yard provisions of these guidelines.
      (7)   Where the boundary line of a recreational vehicle park coincides with that of a residential area other than along a thoroughfare or alley, a yard separation of at least 50 feet in width shall be required.
      (8)   At least one centrally located recreation area equal in size to 10% of the gross park area shall be provided in each recreational vehicle park. Streets, parking area and park service facility areas shall not be included in the required recreational area.
      (9)   An entry sign is permitted with a maximum size of 20 square feet. Billboards are not allowed.
      (10)   Food stores, restaurants, sporting good stores, laundromats, dry-cleaning pickup stations, and similar convenience and service shops may be permitted in recreational vehicle parks containing 50 or more spaces provided that shops and the parking are required by their use shall occupy more than 10% of the total park area. The shops shall be primarily for the use of park occupants. The shops shall be located and designed within the park to present no visible evidence of their commercial nature to persons outside the park.
(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003)

§ 155.049 COMMERCIAL DEVELOPMENT STANDARDS.

   (A)   Introduction. These commercial guidelines are intended to provide services where they are needed most and to preserve, enhance and encourage the usefulness and vitality of these areas. Commercial businesses shall be developed in a manner that reflects the character of the surrounding area.
   (B)   Permitted uses.
      (1)   Drug stores;
      (2)   Beauty salons and barber shops;
      (3)   Carry-out stores;
      (4)   Bakeries;
      (5)   Dressmaking and tailoring;
      (6)   Self-service laundromats;
      (7)   Florist shops;
      (8)   Liquor stores;
      (9)   Photography shops;
      (10)   Grocery stores;
      (11)   Dry cleaners;
      (12)   Restaurants;
      (13)   Medical and dental clinics;
      (14)   Offices;
      (15)   Other uses identified in the permitted land use table; and
      (16)   Other uses approved by the Plan Board that exhibit similar characteristics as the above and are not detrimental to the surrounding land uses.
   (C)   Commercial standards.
      (1)   Minimum ground level square footage required: Not more than 80% of the total area of any lot or any development on multiple lots shall be occupied by buildings, roads, parking areas, storage, drainage facilities, and other accessory uses.
      (2)   (a)   Signs intended to be seen outside the lot lines.
         (b)   No sign shall project beyond a lot line, obstruct in any way a driver’s vision of the road or hinder his or her passage in any way. Further, no sign shall be placed so as to hinder or obstruct any pedestrian path.
      (3)   Parking and off-street loading requirements (see §§ 155.135 through 155.142 of this chapter).
      (4)   Fences, walls and hedges: notwithstanding other provisions of these guidelines, fences, walls and hedges may be permitted in any yard or along the edge of any yard, providing that driveway entrances are not shielded by fences, walls and hedges in such a way as to obstruct the view of a driver entering a public road from the driveway.
      (5)   No unsafe, uncomfortable, or offensive vibrations, noises, visual effects, odors or air pollutants shall be allowed to radiate across the lot lines.
      (6)   Exterior lighting will be such that it does not become a nuisance to the adjacent property owners.
      (7)   Sign restrictions:
         (a)   One freestanding sign at the entryway or other approved location is allowed, providing that its area shall not exceed 60 square feet.
         (b)   Signs attached to the main building are allowed, but shall not exceed 15% of the face of the building.
         (c)   Poles that support signs on the building shall be located at least 15 feet from the property line where oriented towards collector or local streets, 200 feet from freeways and 120 feet from arterial streets. No self-supporting sign or parts thereof shall project over a street right-of-way.
         (d)   Temporary real estate signs, construction or contractor’s signs shall not exceed two in number per lot or be more than six square feet.
   (D)   Special exceptions. Those commercial businesses bordering a residential area that provide service to the general public within normal operating hours prior to 6:00 a.m. and after 6:00 p.m. shall conform to the following:
      (1)   No unsafe, uncomfortable, or offensive vibrations, noises, visual effects, odors or air pollutants shall be allowed to radiate across lot lines.
      (2)   Apartment units may be permitted by the Board in commercial districts where the residential unit(s) is secondary to the principal use and where the residential unit(s) is above the first floor. Such units will have a separate primary access to the street and not through the first floor principal use. Fire escapes, back stairways and the like shall not serve as primary access.
      (3)   The high water point of a pond or the base of the pond/dam shall be setback 45 feet from the property line.
   (E)   Residential districts. Wherever a business comes within 100 feet from any residential district, appropriate screening, such as vegetation, a wall, a uniformly painted fence, or topography, shall be used to visually screen loading docks and parking lots from the surrounding dwelling units.
   (F)   Performance standards. See § 155.050(C)(7).
   (G)   Commercial development standards.
      (1)   Site design and community impacts.
         (a)   Road hierarchy is how roads surrounding the site are used to connect the site to its surroundings. Connecting the development directly to a major highway is discouraged as a safety hazard due to traffic congestion, as cars exit or enter the new development. Entrance on a paved county road is preferred. Entrance on a gravel county road is mandatory.
         (b)   Sidewalks allow workers to move freely throughout the development without having to walk in the street making the area safer.
         (c)   The conservation of energy allows business owners to save money and saves local energy companies the cost of expansions. Energy saving provide the entire community the benefits of lower pollution and should be encouraged.
         (d)   Landscaping provides a more attractive setting for industries, can reduce summer heating costs and provides wildlife habitat. Buffering between conflicting land uses is required.
         (e)   Parking lights make industrial areas safer at night and lower risks of robbery.
         (f)   Higher quality roads and parking make developments more attractive.
         (g)   Buffering or screening of industrial areas to adjacent land uses is required if the adjacent land use is residential or recreational, and is highly encouraged for other conflicting land uses.
         (h)   Employing local labor by using county workers so more money is brought into their community and commuting costs can be lowered is strongly encouraged.
         (i)   The use of products made in the county increases economic activity and can lead to new jobs in the county and is therefore strongly encouraged.
      (2)   Context and environmental impacts.
         (a)   Subdivisions (and other land uses) built adjacent to conflicting land uses can cause decreasing land values, create possible safety hazards to residents and are generally not in the public interest. Buffering is required between industrial and residential or recreational uses and encouraged between other land uses.
         (b)   Developments built in isolated areas cost more in infrastructure and transportation costs and should be discouraged.
         (c)   Close proximity to fire and police services allows better services at less public cost and therefore is strongly encouraged.
         (d)   Close proximity to schools and medical facilities allows better services at less public cost and therefore is strongly encouraged.
         (e)   Close proximity to commercial developments (must be drug store, grocery store, department store or convenience store) allows easier access to every day needed items and reduces traffic.
         (g)   Proximity to industries and major employers allows a quicker travel time to work and less traffic.
         (g)   Close access to power, gas and water lines provides more efficient use of limited public resources and therefore is strongly encouraged.
         (h)   Close access to roads makes the site easier to get to and eliminates the need for new access roads to be built and maintained.
         (i)   Erosion control measures should be provided on hillsides to prevent the loss of ground and reduce pollution.
         (j)   Developments that enhance, not reduce, forest lands should be encouraged.
         (k)   Prime farm land should not be built upon except as a last resort to preserve the value of crop production.
(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003) Penalty, see § 155.999

§ 155.050 INDUSTRIAL DEVELOPMENT STANDARDS.

   (A)   Introduction. Industry criteria have been created to provide minimum adverse effect to other land uses in the vicinity. Industry businesses shall be developed in a manner that reflects the character of the surrounding area. Heavy industrial uses are generally major operations and extensive in character and require large open sites, open storage and service areas, quick access to regional transportation, and may generate nuisances such as smoke, noise, vibrations, dust, glare, air pollution, and water pollution. Heavy industrial uses should be located away from residential and commercial uses. Light industrial uses are relatively clean, quiet, and free of smoke, noise, dust, and pollution.
   (B)   Permitted uses.
      (1)   Light:
         (a)   Public and private utilities;
         (b)   Recreation areas established for the use of employees on site;
         (c)   Temporary construction buildings;
         (d)   Assembly operations for pre-manufactured parts;
         (e)   Canning, bottling, processing and packaging of food;
         (f)   Warehouse and distribution operations;
         (g)   Machine, welding, and tool and die shops;
         (h)   Construction and trucking contractor operations;
         (i)   Soybean processing plant;
         (j)   Meat packing plant; and
         (k)   Other uses in permitted land use table.
      (2)   Heavy:
         (a)   Arsenal;
         (b)   Central mixing plant for mortar, plaster, concrete, paving material or asphalt;
         (c)   Dehydration plant;
         (d)   Cement lime ingredient, lime, gypsum and plaster;
         (e)   Petroleum refinery and distillation;
         (f)   Smelting of ore or metal;
         (g)   Wholesale or bulk storage of gasoline or other petroleum products;
         (h)   Railroad storage yards or shops;
         (i)   Sanitary landfills, reduction or incineration of trash, garbage, offal, or dead animals;
         (j)   Fat rendering;
         (k)   Manufacture of acid, alcohol, ammonia, bleaching powder, celluloid, explosives, gas, glue, proxylin or nitrocellulose; and
         (l)   Other uses in permitted land use table.
      (3)   Mineral extraction:
         (a)   Limestone and other rock quarries;
         (b)   Gravel pits;
         (c)   Stone processing plants; and
         (d)   Coal mines.
   (C)   Industrial standards with performance standards. Industrial standards, with performance standards, as measured at the boundary lines of this manufacturing district, are maximums. Firms which exceed these standards are considered to be in violation of this master plan.
      (1)   Signs intended to be seen outside the lines.
         (a)   No sign shall project beyond a lot line, obstruct in any way a driver’s vision of the road, or hinder his or her passage in any way. Further, no sign shall be placed so as to hinder or obstruct any pedestrian path.
         (b)   Signs should always be property maintained.
      (2)   Parking requirements. See parking restrictions table.
      (3)   Fences, walls and hedges. Notwithstanding other provisions of this chapter, fences, walls and hedges may be permitted in any required yard or along the edge of any yard, providing that driveway entrances are not shielded by fences, walls or hedges in such a way as to obstruct the view of a driver entering a public road from the driveway.
      (4)   Off-street loading requirements. On the same premises with every building or structure, hereafter erected and occupied for uses involving the receipt or distribution by vehicle of material or merchandise, there shall be provided and maintained on the lot, adequate space for standing, loading, and unloading in order to avoid undue interference with public use of the street or alley.
      (5)   Residential district. Wherever a business comes within 100 feet of any residential district, appropriates screening, such as vegetation, a wall, a uniformly painted fence, or topography, shall be used to visually screen loading docks and parking lots from the surrounding dwelling units.
      (6)   Restrictions. Restrictions for permitted uses and conditional uses.
      (7)   Performance standards. All permitted uses established or placed into operation after the effective date of this chapter shall comply with the following performance standards in the interest of protecting public health, safety and welfare, and lessening injury to property. No use in existence on the effective date of this chapter shall be so altered as to conflict (or increase an existing conflict) with these standards.
         (a)   Fire protection. Fire fighting equipment and prevention measures acceptable to the local fire department shall be readily available and apparent when an activity involving the handling or storage of flammable or explosive materials is conducted.
         (b)   Electrical disturbance. No use shall cause electrical disturbance adversely affecting radio, television or other equipment in the vicinity of the use.
         (c)   Noise. No use shall produce noise in such a manner as to be objectionable because of volume, frequency, intermittence, heat, shrillness or vibration. Such noise shall be muffled or otherwise controlled so as not to become detrimental, provided however, that public safety sirens and related apparatus used solely for public purposes shall be exempt from this standard.
         (d)   Vibration. No use shall cause vibrations or concussions detectable beyond lot lines without the aid of instruments.
         (e)   Air pollution. No use shall discharge across 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 and/or in conflict with relevant air quality standards established by state and/or federal agencies.
         (f)   Heat and glare. No use shall produce heat or glare in such manner as to create a nuisance perceptible from any point beyond the lot lines of the property on which the use is conducted. In nonresidential areas, any lighting used to illuminate an off-street parking area, loading area, driveway, or service drive shall be shielded with appropriate light fixtures directing the light down and away from adjacent properties in order that the illumination at any property line shall not exceed one foot candle. All exterior lighting shall be hooded and shielded so that the light source (such as, bulb, filament and the like) is not directly visible from the residential property lines. In residential areas, exterior lighting at any property line shall not exceed one foot candle.
         (g)   Water pollution. No use shall produce erosion or other pollutants in such quantity as to be detrimental to adjacent properties and conflict with relevant water pollution standards established by state and/or federal agencies.
         (h)   Waste matter. No use shall accumulate within the lot, or discharge beyond the boundary lines of the lot on which the use is located, any waste matter, whether liquid or solid, in violation of applicable public health, safety and welfare standards and regulations.
      (8)   Violation of performance standards. When rough tests by a duly constituted enforcement officer indicate to the Plan Commission a possible violation of the performance standards, the Plan Commission shall require the manufacturer to obtain and bear the cost of the appropriate technical assistance to ascertain the exact amount of emissions of noxious effects at the lot lines of the manufacturing property in question. This technical assistance shall be approved in writing by the Plan Commission before tests are conducted. Results of said test shall be presented to the Plan Commission in writing. Any test result in excess of the appropriate performance standard shall be considered in violation of this master plan.
      (9)   Extractive industry standards. In addition to all restrictions set out for industry, the following shall also apply:
         (a)   Before any excavation is begun, there shall be a plan on file, with and approved by both the State Department of Natural Resources and the Plan Commission for both excavation and reclamation activities; and
         (b)   Any excavation shall be surrounded by a fence not less than seven feet high.
   (D)   Industry development standards.
      (1)   Site design and community impacts.
         (a)   Road hierarchy is how roads surrounding the site are used to connect the site to its surroundings. Connecting the development directly to a major highway is discouraged as a safety hazard due to traffic congestion and as cars exit or enter the new development. Entrance on a paved county road is preferred. Entrance on a gravel county road is mandatory.
         (b)   Sidewalks allow workers to move freely throughout the development without having to walk in the street making the area safer.
         (c)   The conservation of energy allows business owners to save money and saves local energy companies the cost of expansions. Energy saving provide the entire community the benefits of lower pollution and should be encouraged.
         (d)   Landscaping provides a more attractive setting for industries, can reduce summer heating costs and provides wildlife habitat. Buffering between conflicting land uses is required.
         (e)   Parking lights make industrial areas safer at night and lower risks of robbery.
         (f)   Higher quality roads and parking make developments more attractive.
         (g)   Buffering or screening of industrial areas to adjacent land uses is required if the adjacent land use is residential or recreational, and is highly encouraged for other conflicting land uses.
         (h)   Employing local labor by using county workers so more money is brought into their community and commuting costs can be lowered is strongly encouraged.
         (i)   The use of products made in the county increases economic activity and can lead to new jobs in the county and is therefore strongly encouraged.
      (2)   Context and environmental impacts.
         (a)   Subdivisions (and other land uses) built adjacent to conflicting land uses can cause decreasing land values, create possible safety hazards to residents and are generally not in the public interest. Buffering is required between industrial and residential or recreational uses and encourage between other land uses.
         (b)   Developments built in isolated areas cost more in infrastructure and transportation costs and should be discouraged.
         (c)   Close proximity to fire and police services allows better services at less public cost and therefore is strongly encouraged.
         (d)   Close proximity to schools and medical facilities allows better services at less public cost and therefore is strongly encouraged.
         (e)   Close proximity to commercial developments (must be drug store, grocery store, department store or convenience store) allows easier access to every day needed items and reduces traffic.
         (f)   Proximity to industries and major employers allows a quicker travel time to work and less traffic.
         (g)   Close access to power, gas and water lines provides more efficient use of limited public resources and therefore is strongly encouraged.
         (h)   Close access to roads makes the site easier to get to and eliminates the need for new access roads to be built and maintained.
         (i)   Erosion control measures should be provided on hillsides to prevent the loss of ground and reduce pollution.
         (j)   Developments that enhance, not reduce, forest lands should be encouraged.
         (k)   Prime farm land should not be built upon except as a last resort to preserve the value of crop production.
(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003) Penalty, see § 155.999

§ 155.051 AGRICULTURAL LAND.

   (A)   Introduction. These provisions are established to protect suitable land for active agricultural production in the county. Agricultural production is recognized as the primary economic activity in the county, and certain lands are particularly suited to such uses because of their size, configuration, soil, topography, and locations in relation to other land uses. This master plan is intended to prevent the conversion of such agricultural lands to urban uses and to promote proper land utilization.
   (B)   General provisions.
      (1)   Permitted uses.
         (a)   Field crop farm;
         (b)   Truck crop farm;
         (c)   Animal husbandry;
         (d)   Kennels;
         (e)   Stables;
         (f)   Forestry;
         (g)   Veterinary office;
         (h)   Nursery or greenhouse;
         (i)   Grazing;
         (j)   Public utilities;
         (k)   Feed stores, excluding the milling or grinding of any feed for commercial purposes;
         (l)   Confined feeding operations;
         (m)   Fertilizer storage;
         (n)   Other uses identified in permitted land use table; and
         (o)   Estate residential.
      (2)   Signs intended to be seen outside the lot lines.
         (a)   Non-flashing illuminated on-premises signs are permitted.
         (b)   Not more than one 12-foot sign per principal use is permitted.
         (c)   No sign shall project beyond a lot line, obstruct in any way a driver’s vision of the road or hinder his or her passage in any way. Further, no sign shall be placed so as to hinder or obstruct any pedestrian path.
      (3)   Visibility at intersections. On a corner lot, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede visions between a height of two and one-half to ten feet above the centerline grades of the intersecting streets in the areas bounded by the street lines of such corner lots and a line joining points along said street lines 50 feet from the point of the intersection.
      (4)   Fences, walls and hedges. Notwithstanding other provisions of these guidelines, fences, walls and hedges may be permitted in any yard or along the edge of any yard, providing that driveway entrances are not shielded by fences, walls and hedges in such a way as to obstruct the view of a driver entering a public road from the driveway.
      (5)   Permitted accessory uses and structures.
         (a)   Single-family dwellings (estate residential with one single-family dwelling per five acre parcel);
         (b)   Roadside stand;
         (c)   Truck farm market;
         (d)   Home occupation;
         (e)   Primary farm processing;
         (f)   Any use customarily accessory to any permitted use;
         (g)   Grain storage;
         (h)   Storage and management of animal wastes; and
         (i)   Barns, tool sheds and implement storage buildings.
      (6)   Development standards.
         (a)   The minimum parcel size for all uses in the agriculture district shall be five acres.
         (b)   The maximum density for residential use shall be one permitted residential structure for each five acres.
      (7)   Setback requirements. Setback requirements for confined feeding operations must conform to I.C. 13-1-5.7-1.
      (8)   High water point. The high water point of a pond and/or the base of the pond/dam shall be setback 45 feet from any property line.
      (9)   Storage. Abandoned, junked, inoperable or derelict vehicles, scrap or building debris may not be stored unless within a building or structure.
(BC Ord. passed 1-22-2003; BC Ord. passed 3-26-2003; BC Ord. 2004-19, passed 7-14-2004) Penalty, see § 155.999