Spencer County Unincorporated
City Zoning Code
City Zoning Code
GENERAL PROVISIONS
§ 157.001 TITLE AND INTERPRETATION.
(A) Title. This chapter and any ordinances supplemental or amendatory thereto shall be known and may be cited as: Spencer County Zoning Ordinance.
(B) Provisions of chapter declared to be minimum requirements. In their interpretation and application, the provisions of this chapter shall be held to the minimum requirements adopted for the promotion of the public health, safety, and general welfare. Wherever the requirements of this chapter are at variance or in any other way conflict with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive, or that imposing the higher standards, shall govern.
(Ord. passed 3-14-2000)
§ 157.002 PURPOSE AND BASIS FOR ESTABLISHING.
The zoning regulations and districts as herein set forth are made in accordance with a comprehensive master plan in order that adequate light, air, convenience of access, and safety from fire, flood and other danger may be secured; that congestion in the public streets may be lessened or avoided; and that the public health, safety, comfort, morals, convenience and general public welfare may be promoted. They are made with reasonable regard to existing conditions, the character of buildings erected in each district, the most desirable use for which the land in each district may be adapted and the conservation of property values throughout the unincorporated areas of the county.
(Ord. passed 3-14-2000)
§ 157.003 DEFINITIONS.
In this chapter, words used in the present tense include the future, the singular includes the plural and the plural the singular, and the word LOT includes the word PLOT. The word USED includes DESIGNED or INTENDED TO BE USED. The word SHALL is mandatory and not optional. Unless otherwise specified, all distances shall be measured horizontally, in any direction. The following terms, unless a contrary meaning is required by the context or is specifically prescribed, shall have the following meanings.
ACCESSORY BUILDING AND USE. A subordinate building located on the same lot with the main building, or a subordinate use of land, either of which is customarily incident to the main building or to the principal use of the land. Where a substantial part of the wall of an ACCESSORY BUILDING is a part of the wall of the main building or where an accessory building is attached to the main building in a substantial manner as by a roof, such accessory building shall be counted as part of the main building. An ACCESSORY BUILDING OR USE includes, but is not limited to:
(1) A children’s playhouse, garden house and private greenhouse;
(2) A garage, shed, yard barn or building for domestic storage;
(3) Incinerators incidental to residential use;
(4) Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless that storage is prohibited by district regulations;
(5) Storage of goods used in, or produced by manufacturing activities, on the same lot or parcel of ground with those activities, unless that storage is prohibited by district regulations;
(6) A non-paying guest house or rooms for guests within an ACCESSORY BUILDING, if those facilities are used for the occasional housing of guests of occupants of the principal building and not for permanent occupancy by others as housekeeping units;
(7) Servants’ quarters if part of an accessory garage and used solely for occupancy by a servant or household employee of the occupants of the principal dwelling and the family of that servant or employee;
(8) Off-street motor vehicle parking area, and loading and unloading facilities;
(9) Signs, other than advertising signs as permitted and regulated in each district incorporated in this chapter;
(10) Carports;
(11) Boat house, if not more than ten feet high as measured from the normal water level;
(12) Swimming pools if private and being incidental to use by the owner and guests; and
(13) Public utility communication, electric, gas water and sewer lines, their supports and incidental equipment.
ACCESSORY LIVING QUARTERS. Living quarters within an accessory building, for the sole use of persons employed on the premises; such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling.
ADVERTISING, DEVICE OR DEVICES. An advertising sign, billboard or poster panel which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed. However, this does not include those advertising signs, billboards or poster panels which direct attention to the business on the premises or to a brand name of a product or commodity with which the business is specifically identified and which is sold on the premises (see also SIGN, OFF-PREMISES).
AGRICULTURAL BUILDING. A structure utilized for the conduct of agricultural operations, but not including a dwelling or private garage.
AGRICULTURE. The use of land for agricultural purposes with the intent of selling any products produced by such activities. Agricultural uses include farming, dairying, pasturage, agriculture, horticulture, aquaculture, floriculture, viticulture animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the products; provided however, that:
(1) The operation of any such accessory uses shall be secondary to that of the normal agricultural activities;
(2) The agricultural use does not include the operation or maintenance of a commercial stockyard or feedlot (confined feeding operation).
ALLEY. A public right-of-way, other than a street, road, crosswalk or easement, and usually less than 30 feet wide, which normally affords a secondary means of access for the special accommodation of the abutting property.
ALTERATION. Any change, addition or modification in construction, or any change in the structural members of a building, such as loadbearing walls, columns, beams or girders.
ANCHORING SYSTEM. An approved system of straps, cables, tumbuckles, chains, ties or other approved materials used to secure a manufactured or mobile home.
ANIMAL HOSPITAL. A building, lot structure or enclosure or portion thereof designed or used for the care, observation or treatment of three or more dogs, cats and other domestic animals. An ANIMAL HOSPITAL is operated by or the treatment therein is under the direct supervision of a veterinarian licensed to practice by the State of Indiana.
ANIMAL SHELTERS/RESCUES. A public or private not-profit, or not-for-profit facility at which dogs, cats, and other domesticated animals are kept for purposes of distribution the general public.
APARTMENT. One or more rooms including sleeping, living, lavatory and principal kitchen facilities designed as a unit for occupancy by only one family.
AUTOMOBILE REPAIR, MAJOR. Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame, or fender straightening or repair and overall painting of vehicles.
AUTOMOBILE REPAIR, MINOR. Incidental repairs, replacement of parts, and motor service to motor vehicles, but not including any operation included under AUTOMOBILE REPAIR, MAJOR.
AUTOMOBILE SERVICE STATION. A building or portion thereof or premises used for the dispensing, or offering for sale at retail, gasoline, kerosene, lubrication oil or grease, and where tires, batteries and similar automobile accessories may be offered for sale on the premises at retail, including minor services and installations customarily incidental thereto.
AUTOMOBILE WRECKING YARD. See JUNK YARD.
AWNING. A roof-like structure which projects from the wall of a building.
BASEMENT (OR CELLAR). A story partly, or wholly underground but having more than one-half of its clear height below finished grade (see GRADE). If more than one-half its clear height is above grade, it shall be considered a story for purposes of height measurement.
BED AND BREAKFAST. A residential building, or portion thereof—other than a motel, apartment hotel or hotel—containing lodging rooms for accommodation of five or more persons who are not members of the keeper’s family and where lodging or meals or both are provided by pre-arrangement and for definite periods and for compensation.
BLOCK. A tract of land bounded by streets, or by a street or streets and any combination of boundary lines or public or institutionally owned lands, railroads rights-of-way, rivers and lakes and other lines of demarcation.
BLOCK FRONTAGE. All the property fronting on one side of a street between intersecting or intercepting streets or between a street and right-of-way, end of dead-end street or city boundary measured along the street line.
BOARD. The Board of Zoning Appeals of Spencer County.
BOARDING HOUSE. A building, not available to transients, in which meals and lodging are regularly provided for compensation for at least three but not more than 30 persons.
BUILDING. Any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, or chattel. When any portion thereof is completely separated from every other portion thereof by a division wall without openings then each such portion shall be deemed to be a separate building. At no time shall this definition be construed to include mobile homes.
BUILDING, DETACHED. A building having no party wall in common with another building.
BUILDING, HEIGHT OF. The vertical distance measured from the adjoining street centerline grade at a point opposite the center of the principal frontage of the building to the highest point of ceiling of the top story in the case of a flat roof, to the deck line of a mansard roof, and to the mean height level between the eaves and ridge of a gable, hip or gambrel roof. Where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.
BUILDING, NONCONFORMING. A legally existing building which fails to comply with the regulations set forth in this chapter applicable to the district in which this building is located.
BUILDING, SEMI-DETACHED. A building having one party wall in common with an adjacent building.
BUILDING LINE. The line nearest the front and across a lot establishing the minimum open space to be provided between the front line of the building foundation and the front lot line. The front line of the foundations of enclosed porches or vestibules if nearer the front lot line than the main foundation.
CAMPGROUND. An area or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents, and major recreational equipment, and which is primarily used for recreational purposes and retains an open air or natural character.
CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.
CLINIC, MEDICAL OR DENTAL. A building or portion thereof, the principal use of which is for medical or dental study and/or treatment and in which the services of at least two professionals in the medical or dental fields of practice are provided.
CLUB OR LODGE, PRIVATE. A private association of persons, who are bona fide members paying annual dues, which owns, hires or leases a building, or portion thereof, the use of such premises being restricted to members and their guests. (The affairs and management of such “private club or lodge” are conducted by a board of directors, executive committee or similar body chosen by the members). It shall be permissible to serve food on such premises. The sale of alcoholic beverages to members and their guests shall be permitted provided it is secondary and incidental to the promotion of some other common objective of the organization.
COMMISSION. The Spencer County Advisory Plan Commission.
COMMISSIONERS. The Board of Commissioners of the County of Spencer.
COMPACT HOME OR MODULAR HOME. A manufactured structure, designed for permanent occupancy, 24 feet or more wide and 40 feet or more long, and meeting the minimum square footage requirement of the district in which it is placed, with the four outside walls supported by a permanent foundation and accompanied by a certificate of compliance furnished by the State of Indiana.
COMPREHENSIVE PLAN. Inclusive physical, social and economic plans and policies in graphic and verbal statement forms for the development of the county (and the constituent communities within its planning jurisdiction), prepared and adopted by the Commission pursuant to the State Acts, and including any part of such plan and/or policies separately adopted and any amendment to such plan and/or policies, or parts thereof.
CONDOMINIUM. Ownership in common with others of a parcel of land and certain parts of a building thereon which would normally be used by all the occupants, such as yards, foundations, basements, floors, walls, hallways, stairways, elevators and all other related common elements, together with individual ownership in fee simple of a particular unit or portion of such building.
CONFINED FEEDING OPERATION. This shall mean (a) any confined feeding of 300 or more cattle, 600 or more swine or sheep and 30,000 or more fowl; or (b) any animal feeding operation where the operator elects to come under the Act; or any animal feeding operation that violates Chapter 214 of the Act of 1943, as determined by the Stream Pollution Control Board of the State of Indiana; or (d) as defined by the Indiana Department of Environmental Management (IDEM) latest revisions or amendments.
CONFORMING BUILDING OR STRUCTURE. Any building or structure which:
(1) Complies with all the regulations of this chapter or of any amendment hereto governing the zoning district in which such building or structure is located; and
(2) Is designed or intended for a conforming use.
CONSTRUCTION PLAN. The maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in accordance with the requirements of the Commission as a condition of the approval of the plat.
CONSTRUCTION/DEMOLITION WASTE SITE. This is a solid waste land disposal facility, as regulated by the State of Indiana 329 I.A.C. 2-9-2, designed and operated to accommodate large volumes of solid waste having minimal potential for ground water contamination. These sites may accept bricks, concrete, stone, glass, wallboard, lumber, roofing materials and other items which are affixed to the structure being constructed or demolished, including plumbing fixtures, wiring and non-asbestos insulation.
CONTROLLED ACCESS HIGHWAY. A trafficway, including freeways, expressways, and other arterial streets, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such trafficway.
COUNTY. Spencer County, Indiana.
COURT. An open unoccupied space on the same lot with a building or group of buildings and bounded on three or more sides by such building or buildings. The width of any COURT is its least horizontal dimension measured between opposite walls. The length of any COURT is its greatest horizontal dimension measured at right angles to its width.
CUL-DE-SAC. A short street having one end open to traffic and being permanently terminated by a vehicle turn-around.
CURB LEVEL. The level of the established curb in front of such building measured at the center of such front. Where no CURB LEVEL has been established, the pavement elevation at the street center line similarly measured, or the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the CURB LEVEL.
DAY CARE FACILITY. A facility, other than a day care home, for the care of school aged children during all or part of the day of a commercial nature which provides essential personal care, protection, supervision or training of school aged children or children. A DAY CARE FACILITY shall not be considered a home occupation.
DAY CARE HOME. A home for the care of children, including those of the resident, during all or part of the day, of a commercial nature, of a, type commonly called “day nurseries” and the like, which provide essential personal care, protection and supervision of pre-school or school-age children. This is not a pre-school educational facility. A DAY CARE HOME shall be considered a home occupation.
DEVELOPER. Any person engaged in developing or improving a lot or group of lots or structures thereon for use or occupancy.
DEVELOPMENT. Any improvement or change to property bought about by human activity, including, but not limited to, buildings and other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
DEVELOPMENT PLAN. A specific plan for the development of real property that:
(1) Requires approval by a plan commission under the 1400 series of I.C. 36-7-4;
(2) Includes a site plan;
(3) Satisfies the development requirements specified in the zoning ordinance regulating the development; and
(4) Contains the plan documentation and supporting information required by this chapter.
DWELLING. A structure of building or portion thereof used exclusively for residential occupancy, including one-family and multiple dwellings, but not including hotels, lodging or boarding houses or tourist homes.
DWELLING, ONE-FAMILY. A structure used for occupancy by one family.
DWELLING, MULTIPLE. A building or portion thereof used for occupancy by three or more families living independently of each other.
DWELLING, ROW. A building having a party wall on each side in common with an adjoining building unless it is situated as the outermost building; in the latter case it will have a party wall on one side only.
DWELLING, TWO-FAMILY. A building used for occupancy by two families living independently of each other.
DWELLING UNIT. A dwelling or a portion of a two-family, multi-family, or row dwelling used by one family for cooking, living and sleeping purposes.
EDUCATIONAL INSTITUTION. Pre-primary, primary or grade, public, parochial or private school, high school, preparatory school or academy, public or founded or owned or conducted by or under the sponsorship of a religious or charitable organization; private preparatory school or academy furnishing courses of instruction substantially equivalent to the courses offered by public high schools for preparation of admission to college or universities which award B.A. or B.S. degrees; junior college, college or university, public or founded or conducted by or under the sponsorship of a religious or charitable organization, or private when not conducted as a commercial enterprise for the profit of individual owners or stockholders. This definition shall not be deemed to include trade or business school as defined in this section.
ESSENTIAL USES. Transmission lines, distribution systems and all appurtenances constructed and maintained for or by a utility company, either private or governmental.
FAMILY. One or more persons living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. A FAMILY shall be deemed to include necessary servants.
FLOOD PLAIN. The areas adjoining any river or stream which have been, or may be expected hereafter to be, covered by flood water as established from data supplied by the Division of Water of the Indiana Department of Natural Resources.
FLOODWAY. The channel of a river or stream, and those portions of the flood plains adjoining the channels, which are required to efficiently carry the discharge of flood water or flood flow of any river or stream.
FLOOR AREA (FOR DETERMINING FLOOR AREA RATIO). For the purpose of determining the floor area ratio, the FLOOR AREA of a building is the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The FLOOR AREA of a building shall include basement floor area when more than one-half of the basement height is above the finished lot grade level at the front of the building, interior balconies and mezzanines, and enclosed porches, and floor area devoted to accessory uses. However, any space devoted to off-street parking or loading shall not be included in the FLOOR AREA.
FOSTER CARE HOME. As defined by the Indiana Department of Social Service, FOSTER HOMES are homes which provide congregate living arrangements for non-family members.
FOUNDATION SIDING/SKIRTING. A type of wainscoting constructed of fire and weather resistant material, such as aluminum, asbestos board, treated pressed wood or other approved materials, enclosing the entire undercarriage of the manufactured or mobile home.
FRONTAGE (OF A BLOCK). Means all of the property abutting a street or the space between a building and the street.
FRONTAGE (OF A LOT). All the property of such lot fronting on a street, as measured between side lot lines.
FRONT LINE. With respect to a building, means the foundation line that is nearest the front lot line.
FRONT LOT LINE. With respect to the relationship between property and the street this means:
(1) For an interior or through lot, means the line marking the boundary between the lot and the abutting street; and
(2) For a corner lot, means the line marking the boundary between the lot and the shorter of the two abutting street segments.
FRONT YARD. A yard that is bounded by the front line of the principal buildings, by the adjacent street right-of-way, and by the segments of side lot lines that they intercept.
GARAGE, PRIVATE. A detached accessory building or portion of a main building, used for the storage of self-propelled vehicles where the capacity does not exceed three vehicles, or not more than two vehicles per family housed in the building to which such garage is accessory, whichever is the greater; not more than one-third the total number of vehicles stored in such garage shall be commercial vehicles. Storage space for not more than three vehicles may be rented for vehicles of non-occupants of the building to which garage is accessory.
GARAGE, PARKING. Any building, except those herein defined as a private garage, used exclusively for parking of self-propelled vehicles, and with not more than two pumps for the incidental sale of gasoline.
HOME OCCUPATION. Any use customarily conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof, and in connection with which there is no commodity sold upon the premises except that which is produced by such home occupation, and not more than two persons are engaged in such occupation. Such uses as barber shop, beauty parlor, tea room, tourist home and animal hospital shall not be deemed to be HOME OCCUPATIONS.
HOSPITAL. Sanitarium, sanatorium, preventorium, clinic, provided such institution is operated by, or treatment given under direct supervision of, a physician licensed to practice by the state.
HOSPITAL, ANIMAL. A lot, building, structure, enclosure or premises whereon or wherein three or more dogs, cats, and other domestic animals are kept or maintained and which is operated by, or the treatment therein is under direct supervision of, a veterinarian licensed to practice by the state.
HOTEL. A building or portion thereof used for the more or less temporary occupancy of individuals who are lodged with or without meals and in which provision for cooking is not in the individual rooms or suites.
IMPROVEMENT LOCATION PERMIT. A permit issued by the Board of Commissioners of Spencer County or its duly authorized representative, stating that the proposed erection, construction, enlargement or moving of a building or structure referred to therein complies with the provisions of this chapter.
INDUSTRIAL WASTE FACILITY. Any facility used for the storage, transportation, reclamation or disposal of any waste classified as hazardous or toxic by the United States Environmental Protection Agency.
INDUSTRY, HEAVY. Manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation; and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution and water pollution, but not beyond the district boundary. Waste is limited to wastes other than those classified as hazardous or toxic by the United States Environmental Protection Agency.
INDUSTRY, LIGHT. Manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor or dust; operating and storing within enclosed structures; and generating little industrial traffic and no nuisances. Waste disposal is limited to wastes other than those classified as hazardous or toxic by the United States Environmental Protection Agency.
INCOMPATIBLE USE. A use or service which is incapable of direct association with certain other uses because it is contradictory or incongruous.
JUNK YARD, including AUTOMOBILE WRECKING and STORAGE. Any lot, building, structure, enclosure, premises, or parts thereof used for the storage, keeping or abandonment of any worn out, cast off, or discarded or abandoned article, material, vehicle, one or more automobile(s), and machinery or parts thereof, which is ready for destruction or sale or has been collected or stored for salvage or conversion to some use, including scrap metal, paper, wood, cordage or other waste or discarded materials, articles, vehicles, one or more automobile(s) and machinery or parts thereof, or vehicles or automobiles that are inoperable or incapable of movement by their own locomotion or power, or vehicles or automobile(s) without a valid current state registration and license plate issued to said vehicle or automobile(s) and to the occupant, owner, purchaser, lessor, lessee or tenant of any lot, building, or structure therein or thereon situated.
JURISDICTION. That portion of Spencer County, Indiana lying outside of the limits of incorporated towns and cities, with exceptions as provided in Chapter 174 of the Acts of 1947, of the General Assembly of Indiana, and all Acts amendatory thereto, as is now or may hereafter be in effect.
KENNEL. A lot, building, structure, enclosure, or premises whereon or wherein three or more dogs or cats are maintained, boarded, bred, kept, or cared for, in return for remuneration, or are kept for the purpose of sale, or are groomed, trained, or handled, for others.
LODGING, HOUSE (ROOMING HOUSE). See BED AND BREAKFAST.
LOT. A parcel of land defined by metes and bounds or boundary lines in a recorded deed or on a recorded plat, fronting on a public thoroughfare. In determining lot area, no part thereof within the limits of the proposed street rights-of-way shall be included.
LOT, CORNER. A lot abutting two or more streets at their intersection.
LOT FRONT. That part of a lot adjacent to and parallel with the street. The front of a corner lot shall be determined, at the time of application for the improvement location permit, by either the owner, builder, developer or their agent and the zoning administrator. Once the front is determined, the structure shall then be erected in conformity with the zoning and the subdivision ordinances.
LOT LINES. Lines bounding a lot, as hereinafter described:
(1) LOT LINE, FRONT. The line running along the front of the lot and separating it from the street. In this chapter the front lot line is called the FRONT STREET LINE. In a THROUGH LOT both lines abutting the streets are deemed FRONT STREET LINES.
(2) LOT LINE, REAR. The lot line generally opposite and parallel to the front street line, except in a THROUGH LOT. If a rear lot line is less than ten feet long or the lot comes to a point at the rear, said rear lot line is assumed to be a line at least ten feet long, lying wholly within the lot, parallel to the front street line or, if the front street line is curved, parallel to the chord of the arc of said front street line.
(3) LOT LINE. Any lot line other than a front street line or a rear lot line. A side lot line separating the lot from a street is a SIDE STREET LINE.
LOT THROUGH. A lot having frontage on two parallel or approximately parallel streets.
LOT WIDTH. The distance parallel to the front of a building erected or to be erected measured between side lot lines at the building line.
MANUFACTURED HOME. A dwelling unit fabricated in an off site manufacturing facility for installation or assembly at a building site. bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Code or Indiana Public Law 360, Acts of 1971, as promulgated by the Indiana Administrative Building Council. Two types of MANUFACTURED HOMES A and B are defined as follows:
(1) TYPE A. A double section or single section, residential design home having more than 700 square feet of occupied space constructed after January 1, 1981 and placed onto a permanent foundation as provided for by Public Law 312, Acts of 1981 (I.C. 36-7-4-1106).
(2) TYPE B. Either a double or single section standard design having more than 700 square feet of occupied space, constructed after June 15, 1976 and placed onto a permanent foundation, not meeting all of the requirements of I.C. 36-7-4-1106.
MANUFACTURED HOME SUBDIVISION. A parcel of land platted for subdivision according to all requirements of the comprehensive plan, designed or intended for lots to be conveyed by deed to individual owners for residential occupancy primarily by manufactured homes.
MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS CODES. Title VI of the 1974 Housing and Community Development Act (42 U.S.C. 5401 et seq.), as amended (previously known as the Federal Mobile Home Construction and Safety Act), rules and regulations adopted thereunder (including information supplied by the home manufacturer, which has been stamped and approved by a design approval primary inspection agency, an agent of the U.S. Department of Housing and Urban Development pursuant to HUD rules), and regulations and interpretations of said code by the Indiana Administrative Building Council; all of which became effective for mobile/manufactured home construction on June 15, 1976.
MARQUEE OR CANOPY. A roof-like structure of a permanent nature which projects from the wall of a building.
MASTER PLAN. See COMPREHENSIVE PLAN.
MINERAL EXTRACTION. Includes mining, quarrying and removal of earth materials.
MOBILE HOME. A transportable structure larger than 320 square feet, designed to be used as a year-round residential dwelling, and built prior to the enactment of the Federal Mobile Home Construction and Safety Act of 1974, which became effective for all mobile home construction June 15, 1976.
MOTEL. A permanent building or group of buildings containing rooms without cooking facilities, used, rented or hired out for the more or less temporary occupancy of overnight guests.
MOTOR VEHICLE. Shall include automobiles, trucks, tractors, trailers, semi-trailers, airplanes, buses and farm implements, whether self-propelled or designed to be pulled, pushed or carried by another motor vehicle.
NET SITE AREA. The entire land area within the boundaries of a site, including the area of any existing streets, alleys, or rights-of-way which are included in the legal description of the site.
NONCONFORMING USE. A legally existing use of land or building which fails to comply with the regulations set forth in this chapter applicable to the district in which such use is located.
NURSERY, PLANT MATERIALS. Land, buildings, structures or the combination thereof for the storage, cultivation or transplanting of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening and landscaping.
ONE AND TWO FAMILY DWELLING CODE, INDIANA. The nationally-recognized model building code prepared by the Council of American Building Officials, adopted by the Indiana Administrative Building Council (ABC) as mandated through Public Law 360, Acts of 1971, and, which includes those supplements and amendments promulgated by the ABC.
OVERLAY DISTRICT. An unmapped zoning district where the zone requirements are contained in this chapter and the zone is fixed on the map only when an application for development, meeting the zone requirements, is approved in accordance with the procedures set forth in the chapter. Such district may encompass one or more underlying zone districts and may impose additional requirements beyond those required by the underlying district.
OWNER. Any individual, firm, association syndicate, co-partnership or corporation, having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PARKING AREA, PUBLIC. An open area, other than a street, used for the temporary parking of more than four automobiles and available for public use whether free, for compensation, or as accommodation for clients or customers.
PARKING SPACE (OFF-STREET), ONE. A space on private land accessible from a street or alley, used for the purpose of temporarily parking a motor vehicle.
PERSON. A corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person.
PLANNED UNIT DEVELOPMENT (PUD). A development of land that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages, meeting the requirements of I.C. 36-7-4-1500.
PLAT, FINAL. A map or chart indicating the subdivisions or resubdivision of land, intended to be filed for record.
PLAT, PRELIMINARY. The preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the Commission for approval.
PLAT, SKETCH. A rough sketch by the subdivider of the proposed subdivision and presented to the Commission prior to submission of the subdivision for primary approval. Presenting a sketch plat prior to the preparation of the preliminary plat enables the subdivider to save time and expense in reaching general agreement with the Commission as to form of the plat and objectives of the chapter.
PRIVATE DRIVE. A right-of-way which has the characteristics of a street, as defined herein, except that it is not dedicated to the public use. A driveway which is located on a lot and which serves only the use on that lot is not considered a PRIVATE DRIVE.
PRIVATE SEWER. A disposal system which is not constructed, installed, maintained, operated or owned by a municipality, taxing district established for that purpose or a utility under the jurisdiction of the Public Services Commission of Indiana.
PRIVATE WATER. A water supply system which is not constructed, installed, maintained, operated or owned by a municipality, taxing district established for that purpose or a utility under the jurisdiction of the Public Services Commission of Indiana.
PUBLIC SEWER. A sewage disposal system which is constructed, installed, maintained, operated and owned by a municipality or taxing district established for that purpose.
PUBLIC STREET. A street established or dedicated for public use.
PUBLIC UTILITY. A firm, corporation, municipal department or board duly authorized to furnish or furnishing under regulation to the public; electricity, gas, steam, communication (including CATV), transportation, drainage, sewer or water.
PUBLIC WATER. A water supply system which is constructed, installed, maintained, operated and owned by a municipality taxing district established for that purpose or a utility under the jurisdiction of the Public Service Commission of Indiana.
RAILROAD RIGHT-OF-WAY. A strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops or water towers.
RECREATIONAL FACILITIES. Public or private facilities that may be classified as either EXTENSIVE or INTENSIVE depending upon the scope of services offered and the extent of use. EXTENSIVE FACILITIES generally require and utilize considerable areas of land and include, but are not limited to hunting, fishing, race tracks, riding clubs and parks. INTENSIVE FACILITIES generally require less land and include, but are not limited to miniature golf courses, amusement parks, stadiums and bowling alleys.
RECREATIONAL VEHICLE. Commonly referred to as RVs are a temporary dwelling for travel, recreation and vacation use. They include, but are not limited to:
(1) MOTOR HOMES. A self-propelled vehicle with a dwelling constructed as an integral part of the vehicle, or so altered.
(2) PICK-UP COACH. A structure designed to be mounted on a truck chassis or cut-down car.
(3) TRAVEL/CAMPING TRAILER. A vehicle or other portable structure that is designed to be moved on the highway and designed or used as a dwelling.
RECREATIONAL VEHICLE (RV) PARK. Any lot of land upon which two or more recreational vehicles sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.
RECYCLING CENTER. A facility that is not a junkyard and in which recoverable resources, such as newspapers, glassware, and metal cans, are collected, stored, flattened, crushed, or bundled, essentially by hand within a completely enclosed building.
RECYCLING COLLECTION POINT. An incidental use that serves as a neighborhood drop-off point for temporary storage of recoverable resources. No processing of such items would be allowed. This facility is generally located in a shopping center parking lot or in other public/quasi-public areas, such as churches and schools.
RECYCLING PLANT. A facility that is not a junkyard and in which recoverable resources, such as newspapers, magazines, books, and other paper products, glass, metal cans, and other products are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production.
REGULATORY FLOOD. That flood having a peak discharge which can be equaled or exceeded on the average of once in 100-year period, as calculated by a method and procedure which is acceptable to and approved by the State Natural Resources Commission; this flood is equivalent to a flood having a probability of occurrence of 1% in any given year.
REGULATORY FLOODWAY. The channel of a river or stream and those portions of the flood plains adjoining the channel which are reasonable required to efficiently carry and discharge the peak flow of the regulatory flood of any river or stream shown on the Floodway-Flood Boundary Maps of the Federal Insurance Administration.
REPLAT. A change in a map of an approved or recorded subdivision plat if such a change affects any street layout on such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees or for another special use. The usage of the term RIGHT-OF-WAY for land platting purposes shall mean that every right-of-way hereafter established and shown on a secondary plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. RIGHT-OF-WAY intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such RIGHT-OF-WAY is established.
ROADSIDE STAND. A structure for the display and sale of products, with no space for customers within the structure itself.
SALVAGE YARD. Establishment engaged in processing of scrap iron and/or other metals to be sold for manufacturing of steel or alloys. The total parcel must be fenced and screened.
SANITARY LANDFILL. The disposal of solid waste by the trench and cover method or fill and borrow method. In the first case, an excavation will be made and the solid waste placed in the excavation and covered with the dirt which was removed. In the second case, the fill may be made in a low area and dirt borrowed from higher ground will be spread over the top of the solid waste.
SCREENING/BUFFERING/GREENBELT. A structure erected or vegetation planted which initially or eventually is of sufficient height and or density for concealing an area from view and/or deaden sound.
SECTION. A unit of a manufactured home at least ten body feet in width and 30 body feet in length.
SETBACK. The minimum horizontal distance between the front line of a building or structure measured at the edge of the eave and the front property line.
SIGN. A name, identification, description, display or illustration which is affixed to, or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business. A SIGN shall not include:
(1) The display of official court or public office notices;
(2) The flag emblem, or insignia of a nation, political unit, school or religious group; nor
(3) One located completely within an enclosed building, except signs located behind window areas intended to be viewed from outside the building.
SIGN, BILLBOARD. A structure or accessory structure usually elevated above the ground’s surface; the gross surface area shall not be less than 55 square feet on any facing and shall not exhibit more than two signs per facing (See SIGN, OFF- PREMISES).
SIGN, FLASHING. An illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. (A revolving, illuminated sign shall be considered to be a FLASHING SIGN).
SIGN, GROSS AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. (Such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display).
SIGN, NAMEPLATE. Non-illuminated sign flush with the front of the building indicating the name or address of a building, or the name of an occupant thereof and the practice of a permitted occupation therein.
SIGN, OFF-PREMISES. An advertising sign, billboard or poster panel which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed. However, this does not include those advertising signs, billboards or poster panels which direct attention to the business on the premises or to a brand name of a product or commodity with which the business is specifically identified and which is sold on the premises (see also ADVERTISING DEVICE).
SIGN, ON-PREMISES. A sign which directs attention to a business, commodity, service or entertainment related to the premises where such sign is located or to which it is affixed.
SITE PLAN. A drawing must be furnished to the Plan Commission when application is made for an improvement location permit and which shows size and location of all existing and proposed buildings, all adjacent streets and highways the size of all entrances and exits from the land and a legal description of the land. For some uses a landscape development plan must be included.
SOLID WASTE. 329 I.A.C. 2-2-1(12) states that solid waste is “any garbage, refuse, sludge from a waste treatment plant, sludge from a water supply treatment plant, sludge from an air pollution control facility, or other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining or agricultural operations or from community activities.” The term solid waste does not include:
(1) Domestic sewage, irrigation return flows, or industrial discharges which are regulated by the Federal Water Pollution Control Act Amendments.
(2) Radioactive materials that are regulated by the Nuclear Regulatory Commission (NRC).
(3) Manure or crop residues used as fertilizers or soil conditioners as part of total farm operation.
(4) All exclusions as listed in 329 I.A.C. 2-3-1, such as:
(a) Disposal of uncontaminated bricks, rocks, concrete, road demolition waste or dirt.
(b) Disposal and processing of uncontaminated and untreated natural growth (tree limbs, and the like).
(c) Disposal of sawdust from untreated natural wood.
STABLE, PRIVATE. A building or structure which is located on a lot three acres or more in size on which a dwelling is located, and which is designed, arranged, used or intended to be used for housing saddle horses or ponies primarily for the use of occupants of the dwelling, but in no event for hire, and limited to not more than two horses per three acres.
STABLE, RIDING. A building or structure which is designed, arranged, used or intended to be used, for housing saddle horses or ponies primarily for hire.
STANDARDS. A specific and detailed listing of materials and construction methods for subdivision improvements and standards of construction and design, as adopted by the Commission (I.C. 36-7-4-702).
STOCKYARDS. A yard where livestock is kept before being slaughtered or sent to market.
STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above; also any portion of a building used for human occupancy between the topmost floor and the roof. A basement shall not be counted as a STORY unless more than one-half of the basement height is above grade level at the front of the building.
STREET. A right-of-way, other than an alley, dedicated or otherwise legally established to the public use, usually affording the principal means of access to abutting property. A STREET may be designed as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive, or other appropriate name. The arterial thoroughfares and primary and secondary streets are designated on the thoroughfare map of the Comprehensive Plan for Spencer County, Indiana. For the purpose of this chapter, streets shall be classified as follows:
(1) ARTERIAL THOROUGHFARES. This type of facility serves mainly to move through traffic. Indiana and U.S. marked routes as well as some county roads and important intra-city streets are considered under this classification. Where a highway is a non-limited access route; these facilities also perform a secondary function of providing direct access to abutting land and thus interconnect principal traffic generators.
(2) PRIMARY (MAJOR) ROUTES. These facilities serve to connect cities with each other as well as link smaller towns or settlements with the arterial thoroughfares system. PRIMARY ROUTES provide access to abutting land and generally serve all principal traffic generators.
(3) SECONDARY (CONNECTOR) ROADS. These facilities serve intra-city movements of traffic, such as that moving between a subdivision and a major street. The principal difference between the connector road and streets or roads of higher classification is the length of trip each principally serves. They are intended to supply the abutting property with the same degree of land service as the local street, while at the same time serving larger volumes of traffic.
(4) LOCAL (RESIDENTIAL) STREET. The sole function of these streets is to provide access to the immediately adjacent property. Local access streets are intended to carry low volumes of traffic.
(5) MARGINAL ACCESS STREET. A street designed to connect not more than two streets, and which normally parallels an arterial thoroughfare, or a primary or secondary street, and is not separated from the said thoroughfare or street by a lot or tier of lots, and which is specifically so designated and approved as such on the plat of the subdivision.
STRUCTURE. Anything constructed, erected, or placed, which requires location on the ground or attachment to something having a location on the ground. Devices used for the support of wires and appurtenances supplying public utility services shall not be considered as structures under this chapter.
SUPPORT SYSTEM. A pad or a combination of footings, piers, caps, plates, and shims, which, when properly installed, support the manufactured or mobile home.
TAVERN. A building where liquors are sold to be consumed on the premises and where entertainment may or may not be provided, including bars and cocktail lounges.
TERRACE OR DECK. A platform, which for the purpose of this code is located adjacent to one or more faces of the principal structure and which is constructed above the average level of the adjoining ground.
TOURIST HOME. See BED AND BREAKFAST.
TRADE OR BUSINESS SCHOOL. Secretarial school or college; business school or college when not public and not owned or conducted by or under the sponsorship of a religious or charitable organization; school conducted as commercial enterprise for teaching instrumental music, dancing, barbering or hair dressing; or for teaching industrial skills in which machinery is employed as a means of instruction. This definition shall not be deemed to include EDUCATIONAL INSTITUTION as defined in this section.
TRUCK LOT. Any lot or land area used solely for the storage or layover of commercial trucks, tractors or truck trailers.
TRUCK TERMINAL/YARD, COMMERCIAL. Any land use with or without buildings for, but not limited to: parking, storage, maintenance or transfer station for commercial trucks, tractors, truck trailers and other commercial vehicles.
USE (OF PROPERTY). The purpose or activity for which the land or building thereon is designed, arranged or intended or for which it is occupied or maintained. (Includes any manner of performance of activity or operation with respect to the performance standards of this chapter.)
USE, OPEN. The use of a lot without a building or dwelling, or including a building or dwelling, incidental to the open use with a ground floor area equal to 5% or less of the area of the lot.
USE, PERMITTED. A use which may be lawfully established in a particular district or districts (provided it conforms with all requirements, regulations and performance standards, if any, of such district).
USE, PRINCIPAL. The main use of land or buildings as distinguished from a subordinate or accessory use. (May be either PERMITTED or SPECIAL).
USE, SPECIAL. Those uses of land which are not essentially incompatible with the uses permitted in a zoning district, but possess characteristics or location qualities which require individual review and restriction.
VARIANCE. A minimum departure from the strict application of the specific requirements of this chapter granted by the Board of Appeals in accordance with the terms of this chapter for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity or district.
WATERSHED. All land and water within the confines of a drainage divide (a ridge separating two drainage basins).
WATERSHED LOCATION MAPS. Maps required to be provided to the Commission when seeking primary approval of a plat. The maps may be separate or incorporated in the primary plat and shall show pertinent subdivision information such as but not limited to: thoroughfares, physical features, existing schools, location of the subdivision and the streams/drainage within the watershed, and the flood plains and floodways as mapped by the Federal Insurance Administration.
WASTE.
(1) INDUSTRIAL SOLID. Generally consists of such materials as wastewater treatment sludge (wastes with most of the water removed; semi-liquid), agricultural wastes, plastics, oil, paint, metal, coal ash and is managed on-site in landfills, surface impoundments, land application units, and waste piles and/or to off-site land facilities, discharged to wastewater treatment plants and to surface waters.
(2) HAZARDOUS. Regulated by the Resources Conservation and Recovery Act (RCRA, 1976) and its amendments, is any waste that is “corrosive, ignitable, reactive or toxic”, or poses a substantial threat to human health and environment when improperly managed.
(3) MUNICIPAL SOLID. The refuse discarded by households, institutions and commercial establishments (as distinct from hazardous waste and sludge), and is disposed of in landfills, by incineration, is composted, recycled or re-used.
(4) WASTEWATER. The effluent (something that flows out) from industrial facilities, oil and gas operations, mining, agricultural run-off, municipalities, small businesses and households. When discharged from a pipe to surface water (point source), it is regulated under the Clean Water Act (CWA, 1972) and its amendments. Most wastewater from diffuse origins (“non-point” source), such as agricultural run-off or domestic septic systems, is not regulated.
(5) YARD. Plant clippings, pruning and other discarded materials from yards and gardens.
WASTE DISPOSAL FACILITY. A landfill, composting facility, incinerator, transfer station, or any similar use. This definition excludes salvaging, storage, or processing of scrap, metal, paper, cloth, or other material and excludes junkyards.
YARD. A space on the same lot with a main building, open, unoccupied and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this chapter.
YARD, FRONT. A yard extending across the full width of the lot, the depth of which shall be the least distance between the front lot line and front of the main building.
YARD, REAR. A yard extending the full width of the lot between the rearmost main building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of such main building.
YARD, SIDE. A yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally and perpendicularly from the nearest point of the side lot line toward the nearest part of the main building.
ZONING ADMINISTRATOR. The officer designated and authorized by the Commission to enforce the zoning requirements.
ZONING DISTRICT(S). A section or sections of the jurisdiction of the Spencer County, Indiana Zoning Ordinance for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform.
ZONING LOT. A single tract of land located within a single block which is (at the time of the filing for a Zoning Permit) designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control. Therefore, a ZONING LOT may or may not coincide with a lot of record. The ZONING LOT shall have adequate frontage on an improved dedicated roadway of adequate width.
ZONING ORDINANCE. The ordinance, now or hereafter adopted, which includes an ordinance and zone maps which divide the jurisdiction of the Commission into districts, with regulations and requirements and procedures for the establishment of the land use controls.
(Ord. passed 3-14-2000; Ord. 2009-03, passed 8-18-2009; Ord. 2015-05, passed 6-16-2015)
Cross-reference:
For additional definitions relative to flood zone regulations, see § 157.046
§ 157.004 BUILDINGS AND USES AFFECTED BY ZONING.
No building, dwelling, or structure, or land, except buildings, dwellings, or land incidental to agricultural operations, shall hereafter commence to be used unless erection has been started prior to the enactment of this chapter. No building or dwelling or part thereof shall be erected, moved or altered unless in conformity with the regulations of this chapter.
(Ord. passed 3-14-2000)
§ 157.005 CONTINUANCE OF NONCONFORMING BUILDINGS OR USES.
(A) Nonconforming buildings or structures.
(1) Maintenance permitted. A nonconforming structure lawfully existing upon the effective date of this chapter may be maintained.
(2) Repairs and alterations. Repairs and alterations may be made to a nonconforming building or structure, provided that no enlargement shall be made.
(3) Additions, enlargements or moving.
(a) A structure nonconforming as to use, height, yard requirements or lot area per dwelling unit shall not be added to or enlarged in any manner unless such structure, including such addition or enlargement, is made to conform to the use, height, yard, and area requirements of the zone in which it is located.
(b) No nonconforming building or structure shall be moved in whole or in part to any other location on the lot unless every portion of such building or structure is made to conform to all the regulations of the zone in which it is located.
(B) Nonconforming use of buildings or structures.
(1) Continuation and change of use. Except as otherwise provided in this chapter:
(a) The nonconforming use of a building or structure, lawfully existing at the time this chapter became effective, may be continued.
(b) The nonconforming use of a building or structure may be changed only to a use of the same or more restricted classification.
(2) Expansion prohibited. A nonconforming use of a building or structure designed for a conforming use shall not be expanded or extended into any other portion of such conforming building or structure nor changed except to a conforming use.
(3) A nonconforming use on a part of a lot shall not be expanded or extended or any other portion of such lot.
(4) A nonconforming use of a building or structure designed for such use may be expanded to 15% of the area nonconforming at the time of passage of this chapter.
(C) Nonconforming variance permitted by Board of Zoning Appeals. The Board of Zoning Appeals may authorize, upon appeals in specific cases, such variance from the terms of this section as will not be contrary to the public interest, where, owing to a special condition, a literal enforcement of the provisions of this section will result in unnecessary hardship, and so that the spirit of this section shall be observed and substantial justice done; provided, however, that no action shall be taken or decision made except after public hearing.
(Ord. passed 3-14-2000)
§ 157.006 NONCONFORMANCE DUE TO RECLASSIFICATION.
The provisions of § 157.005 shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassification or zones under this chapter, or any subsequent change in the regulations of this chapter, and any time periods specified for discontinuance of nonconforming uses shall be measured from the date of such reclassification or change.
(Ord. passed 3-14-2000)
§ 157.007 GENERAL USE PROVISIONS.
(A) Conformance and permits required. No building or structure shall be erected, reconstructed, enlarged or moved for any use other than that which is permitted in the zone in which such building, structure or land is located, nor shall any building, structure or land be used for any other use than is permitted in the zone in which it is located. No land application of any human waste or sewage from any septic tank or system shall be permitted in any zone.
(B) Zone group classification. Whenever the terms “F Zone, A Zone, B Zone, or I Zone” are used, they shall be deemed to refer to all zones containing the same letters in their names; e.g. B Zone shall include the B-1, B-2 and B-3 zones.
(C) Temporary buildings and structures.
(1) No temporary building or temporary structure shall be erected, reconstructed, enlarged, or moved on to any lot, plot, or tract of land other than for agricultural purposes or as a temporary construction field office unless it conforms with this chapter.
(2) (a) A manufactured home may be moved on to a lot, plot, or tract of land and be used as a temporary residence for a period of one year during the construction time of a permanent residence on the same lot, plot or tract. Prior to the moving of any manufactured home onto any lot, plot, or tract for said purpose, the owner shall obtain a special exception grant from the Board of Zoning Appeals; said grant shall run for a period of one year. Upon expiration the grant may be extended for one additional year by the Zoning Administrator upon adequate showing by the owner that the construction of the residence has not progressed to a livable stage due to conditions beyond his or her control. Only one such extension shall be allowed for said grant; after the final expiration of said grant, the manufactured home shall be vacated and moved within 30 days of the expiration date. The home shall meet all requirements of § 157.013.
(b) The temporary residence shall comply with all county and state health requirements which would be imposed upon a permanent residence on the same lot, plot, or tract.
(c) A manufactured home may be moved onto a lot, plot, or tract of land and be used as a temporary residence for a period of time as determined by the Board of Zoning Appeals; said determination shall be made upon the basis of the information supplied by the applicant. Prior to the moving of any manufactured home onto any lot, plot, or tract for said purpose, the owner or his or her agent shall obtain a special exception grant from the Board of Zoning Appeals; said grant shall run only for the time determined by the Board. Upon the expiration the grant may be renewed only by the Board of Zoning Appeals. The application for renewal shall be handled in the same manner as a new application.
(Ord. passed 3-14-2000)
§ 157.008 OFF-STREET PARKING AND LOADING PROVISIONS.
(A) Off-street parking. The following off-street parking spaces shall be provided and satisfactorily maintained, by the owner of the property, for each building which is hereafter erected, enlarged, or altered for use for any of the following purposes:
(1) Each automobile parking space shall not be less than 180 square feet in area.
(2) Dwellings, at least one parking space for each dwelling or sleeping unit in the building or buildings.
(3) For any general auditorium, gymnasium, church, funeral home, or theater; home school or college, or university auditorium or stadium; or other similar place of assembly, there shall be provided at least one parking space for each six seats provided for its patrons, based on the maximum seating capacity, including fixed and moveable seats. For any church there shall be allowed the use of joint parking facilities in connection with any buildings or use not normally open, used, or operated during the principal operating hours of a church providing a properly drawn legal instrument is executed by the parties concerned for the joint use of such off street parking facilities, which instrument, duly approved as to form by the County Attorney, shall be filed with the application of a zoning permit.
(4) For any hotel, apartment hotel, club house, dormitory, fraternity house or any other similar use or establishment, there shall be provided at least one parking space for each two guest sleeping rooms.
(5) For any hotel in a B-2 district or any other similar use, at least one parking space for each sleeping room shall be provided.
(6) For any dancing, exhibition, labor temple, lodge hall, skating rink or other assembly hall without fixed seats, there shall be provided not less than one parking space for each 120 square feet of gross floor area thereof.
(7) For any bank, clinic, office building, professional office, welfare institution or any other similar use or establishment, there shall be provided not less than one parking space for each 400 square feet of gross floor area thereof.
(8) For any medical clinic or any other similar use, there shall be provided at least three parking spaces for each doctor or dentist using the clinic, plus one space for each two regular employees including nurses.
(9) For any hospital, sanitarium, convalescent home or any other similar use of establishment, there shall be provided not less than one parking space for each three beds or any portion thereof.
(10) For any eating or drinking establishment or any other similar use where customers are seated and served within a building, there shall be provided at least one parking space for each 200 square feet of gross floor area thereof
(11) For any eating or drinking establishment or any other similar use where customers are served outside of a building, there shall be provided at least one parking space for each 50 square feet of gross floor area thereof, provided, however, that there shall not be less than six parking spaces for each such establishment.
(12) For any retail store, except a food market, there shall be provided not less than one parking space for each 300 square feet of gross floor area thereof.
(13) For any food market establishment or any similar use with a gross floor area of less than 2,500 square feet, there shall be provided not less than one parking space for each 250 square feet of gross floor area thereof. For each gross floor area in excess of 2,500 square feet, there shall be one parking space for each 100 square feet of gross floor area thereof in excess of 2,500 square feet.
(14) For any manufacturing, processing, wholesaling, storage, or any other industrial use or commercial establishment not specifically set out in this section, there shall be provided at least one parking space for each two employees, plus sufficient spaces to park all company-owned or leased motor vehicles, semi-trailers and trailers.
(15) For any launderette, Laundromat, self-service laundry, washeteria or any similar use or establishment under a different name, there shall be provided one parking space for each two washing machines or portion thereof.
(16) For any bowling center, there shall be provided four parking spaces for each bowling alley thereof.
(17) For any motel, tourist court, or similar use or establishment, there shall be provided one parking space on the same parcel of land for each individual sleeping or living unit.
(18) For any camp ground, there shall be provided not less than one parking space on the same parcel of land for each individual camp site.
(19) For any commercial or business office having a gross floor area in excess of 10,000 square feet and occupied solely by the employees of one person, as defined in this chapter, there shall be provided at least one parking space for each 800 square feet of gross floor area thereof.
(B) Distance measurements. The distance to any parking space as herein required shall be measured between the nearest point of the off-street parking facility and the nearest point of the building said parking area or facility is to serve.
(C) Mixed uses. In the case of any use not listed herein, the number of parking spaces required for such use shall be the same as for a similar use which is listed. In the case of mixed uses in the same building or structure, the total requirement for off-street parking facilities shall be the sum of the requirements of the various uses computed separately from the items set out in this section, and off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as hereinafter specified for collective use.
(D) Collective parking facilities.
(1) Nothing in this section shall be construed to prevent collective provision of any off-street parking facility for two or more buildings or uses providing, however, that the total number of off-street parking spaces shall not be less than the sum of requirements for the various individual uses computed separately in accordance with the items set out in this section.
(2) All parking spaces provided pursuant to this section shall normally be on the same lot with the building; however, the Board may permit the parking spaces to be on any lot within 300 feet of the building except for the requirements of divisions (A)(17) and (18) above. If the Board determine that it is impractical to provide parking on the same lot with the building, the requirements set forth in divisions (A)(4), (5), (6), (7), (8), (9) and (10) above first above may be waived by the Board in the case of a building erected or altered as a result of destruction by fire or Act of God, or whenever the Board determines that more than 75% of the privately owned lands within 300 feet of the building to be erected, enlarged or altered, are improved with buildings regularly occupied and used.
(E) Off-street loading.
(1) On the same premises with every building, structure or part thereof, hereafter erected, established or enlarged and occupied for manufacturing, storage, warehouse goods display, department store, wholesale store, market, hotel, mortuary, laundry, dry cleaning or other uses, involving the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained adequate spaces for standing, loading, and unloading in order to avoid undue interference with public use of the street or alley.
(2) Such space, unless otherwise adequately provided for, shall include a 12-foot by 35-foot loading space with 14-foot high clearance for every 20,000 square feet or fraction thereof in excess of 3,000 square feet of floor area used for above mentioned purposes, or for every 20,000 square feet or fraction thereof in excess of 3,000 square feet of land used for the above mentioned purposes. These requirements may, upon appeal, be increased, modified, or waived by the Board where the conditions or circumstances justify such action provided it has obtained thereon recommendation from the County Highway Supervisor.
(F) Public parking area. Every parcel of land which, after the effective date of this chapter, is changed to a public parking area, automobile or trailer sales area, filling station or garage, shall be developed as follows:
(1) Such area, where subject to wheeled traffic, shall be improved with bituminous, concrete, crushed stone with an adequate base or other equivalent surfacing and shall have appropriate bumper guards where needed.
(2) Where such area adjoins a lot in an R zone or residential development, a solid wall, compact evergreen screen or uniformly painted board fence having a height of not less than four feet shall be erected and maintained between such area and the property in residential areas and zones. Such enclosures shall be at least five feet from the side of a lot in an R zone or residential development and all required front and side yards shall be properly maintained as such. Where such area is across the street from an R zone or a residential development, a compact evergreen screen having a height of not less than four feet shall be erected and maintained between such area and the property in the said zone or development and all required front yards shall be maintained as such.
(3) Any light used to illuminate said parking area shall be so arranged as to reflect the light away from the adjoining premises in an R zone or residential development.
(G) Permanency of spaces provided. Any parking or loading space established prior to the effective date of this chapter and which is used or intended to be used in connection with any main building, structure or use, or any spaces designed and intended to comply with the requirements of this chapter for any such main building or structure erected after such effective date, shall hereafter be maintained so long as said building or structure remains, unless the owner provides and maintains in another location an equivalent number of required spaces in conformance with the provisions of this chapter.
(Ord. passed 3-14-2000)
§ 157.009 GENERAL AREA PROVISIONS.
Except as hereinafter provided, no building or structure shall be erected on a lot unless such building, combined existing structure plus additions, conforms with the area regulations of the zone in which it is located.
(A) Reduction of lot area. No lot area shall be so reduced, diminished and maintained that the yards, other open space, or total lot area shall be smaller than prescribed by this chapter, nor shall the density of population be increased in any manner except in conformity with the regulations herein established.
(B) Recorded lots less than minimum area. Lots of record at the time of the enactment of this chapter which have less than the minimum area requirements for residential use may nevertheless be used for any use permitted therein, except that for dwellings, the lot must have a width of at least 60 feet, and an area of at least 7,500 square feet.
(C) Yards apply to only one building. No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provision of this chapter, shall be considered as providing a yard or open space for any other building; nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected.
(D) Only one main building on a lot. Every building hereafter erected shall be located on a lot as herein defined. In no case shall there be more than one residential building and its accessory buildings on one lot except a farm tenant dwelling may be erected on the same tract as the main farm dwelling. Row dwellings or group housing may be considered as one main residential building.
(E) Corner setback. At street intersections of an angle less than 60 degrees, shrubs or structures over three-and-one-half feet high will not be placed between the intersections of the street lines and ten feet from the building line.
(F) Front yards on a through lot. At each end of a through lot there shall be a front yard of the depth required by this chapter for the zone in which each street frontage is located, and one of such front yards may serve as a required rear yard.
(Ord. passed 3-14-2000)
§ 157.010 GENERAL HEIGHT PROVISION.
Except as hereinafter provided, no building or structure shall be erected, enlarged, or reconstructed to exceed the height limit established for the zone wherein such building or structure is located.
(Ord. passed 3-14-2000)
§ 157.011 CONTINGENT USES (ALL DISTRICTS).
The contingent uses hereinafter set forth shall be permitted by the Board, only after public hearing, in any district where such uses are essential or desirable to the public convenience or welfare, or if the refusal of this permit would create an undue hardship on the applicant. No permit for a contingent use shall be granted if the Board shall find that such use is in conflict with any plan duly adopted by ordinance, or if the Board determines the proposed use will be detrimental to the surrounding area. In the exercise of its approval the Board may impose such additional conditions regarding the location, character, and other features of the proposed building, structure, or use as may be reasonably required to further the purposes of this chapter.
(A) Such permitted contingent uses are identified as follows.
(1) An airport or similarly designed area for the landing and taking off of aircraft, provided that:
(a) The proposed location has been approved by the Commission as to compatibility with the Master Plan for the physical development of Spencer County.
(b) The area and the arrangement of all improvements shall be sufficient, for the class of airport proposed, to meet the requirements of the Federal Aviation Agency, the Aeronautic Administration of Indiana, and any other rightfully involved in governmental agency.
(c) Any proposed buildings, hangars, or other structures shall be at least 100 feet from any street or lot line.
(d) No application shall be considered unless it is accompanied by a plan, drawn to scale, showing the proposed location of the airport; boundary lines; dimensions; names of owners of abutting properties; proposed layout of runways, landing strips or areas, taxi strips, aprons, roads, parking areas, hangars, buildings, and other structures and facilities; the location and height of all buildings, structures, trees, and overhead wires falling within the airport approach zones and less than 500 feet distant from the boundary lines of the airport; other pertinent data, such as topography and grading plan, drainage, water, and sewerage, and the like.
(2) Cemetery.
(3) Governmental installation not otherwise permitted.
(4) A hospital, nursing home, sanitarium or asylum which does not treat mental, drug or alcoholic patients.
(5) Medical health center or clinic, with parking provided as specified by this chapter.
(6) Public utility facilities such as: radio and television transmitter stations and towers; petroleum and natural gas transmission lines, pumping stations and facilities; electric substations and telephone exchanges where not otherwise permitted by this chapter; railroad lines; classification yards and terminals; and other similar uses of a public utility or public service nature; including structures and appurtenances for their enclosure, maintenance and operation.
(7) Educational institution, including churches.
(8) Fairground.
(9) Transient amusement enterprise, medicine show or circus, the chief activity of which is carried on for gain or profit.
(10) Private school.
(11) Golf course.
(B) Authorization for continuance. All contingent uses which existed upon the effective date of this chapter shall be regarded as conforming uses and may be continued, except that major changes in layout, expansions or extensions to such uses shall be subject to Board review and approval as required for contingent use.
(Ord. passed 3-14-2000)
§ 157.012 SPECIAL EXCEPTION - SPECIFIED ZONES.
The special exceptions hereinafter set forth shall be permitted by the Board, only after public hearing, in the zones indicated in Table 1, official schedule of uses for Spencer County, Indiana, where such uses are essential or desirable to the public convenience or welfare or if the refusal of this permit would create an undue hardship on the applicant. No permit for a special exception shall be granted if the Board shall find that such use is in conflict with any plan duly adopted by ordinance, or if the Board determines the proposed use will be detrimental to the surrounding area. In the exercise of its approval the Board may impose such additional conditions regarding the location, character, and other features of the proposed building, structure or use as may be reasonably required to further the purpose of this chapter.
(A) Additional conditions. Additional conditions shall include, at a minimum, the following.
(1) Animal hospitals, veterinary clinics, animal boarding places, kennels, and animal shelters/rescues, provided that no part of any building, pen, or run shall be within 300 feet of any residence.
(2) Antique shop, provided that any outdoor display of articles for sale shall be at least 50 feet from any street or property line.
(3) Boarding and/or rooming house. In any A and R-1 zone, the temporary use for a period of not more than three years, subject to renewal of a single-family dwelling for a boarding and/or rooming house upon a finding by the Board that such rooming house will not constitute a nuisance because of sidewalk or street traffic, noise or type of physical activity, and that such use will not tend to affect adversely the use and development of adjoining properties of the immediate neighborhood.
(4) Day care facility or home, upon a finding by the Board that said use will not constitute a nuisance because of traffic, number of children being cared for, noise or type of physical activity.
(5) Sanitary landfills, and incinerators, upon a finding that said use will not constitute a nuisance because of traffic, noise, odors, smoke, or physical activity, provided that the area, and setback requirements as specified by the Boards are complied with, provided that it meets the approval of the County Board of Health and the Indiana Department of Environmental Management and the requirements of this chapter.
(6) Hospital, nursing home, sanitarium, asylum or other institution, which cares for mental, drug, or alcoholic patients or is a penal or correctional institution, subject to the conditions that:
(a) No part of any building in which inmates or patients are housed is, or is proposed to be, located less than 300 feet from any bounding lot or street line.
(b) Adequate off-street parking space is provided.
(c) Protective man-proof fencing is provided where necessary.
(7) Limited office uses in residential zones as a transitional use. In any R-2 zone a dwelling on any lot or parcel of land immediately abutting along its side lot line or lying directly opposite a street from any commercial or industrial district, may be used for limited office purposes provided that such use is in accordance with the following requirements:
(a) Such uses shall be confined to the offices of doctors, dentists, lawyers, accountants, realtors, engineers, and similar professional persons.
(b) Such uses shall not change or alter the exterior characteristic of the premises and no name plate or other sign exceeding two square feet in area shall be displayed on the premises.
(c) Wherever possible, in the opinion of the Board, all entrances, driveways, walks, parking areas, and signs incidental to such use shall be located on the side of the building nearest to the commercial or industrial zone.
(8) Private recreational establishments and uses. In any zone, buildings and structures for clubs, fraternal organizations, lodges, youth organizations, fishing ponds, picnic groves, and private recreational developments all conducted (a) for profit, or (b) not for profit.
(9) Special uses allied with agriculture.
(a) A trucking operation primarily engaged in commercial transportation of agricultural products other than those raised on the premises, feed mills where grain is processed on a commercial basis, poultry dressing establishments and animal slaughter houses where animals other than those raised on the premises are processed on a wholesale basis, commercial welding shops, livestock sales or auction barns, commercial dairy for the processing, packaging and distribution of dairy products.
(b) A greenhouse and/or plant nursery provided retail sales are limited to the sale of plants and the commodities used in the direct care of plants.
(10) Sand, gravel, or clay pits; rock or stone quarries; coal mining; removal of earth or top soil, coal storage, loading and handling facilities.
(a) Coal mining in any zone. Coal mining operations or related facilities proposed or located within the county for which a Department of Natural Resources Permit was issued prior to January 1, 1989, shall be considered as having valid existing rights, and this chapter shall not apply within the bounds of those operations or facilities, or any subsequent non-significant departure area to them, as approved by the Department of Natural Resources.
(b) In any zone, the use of vacant land for the removal of natural material or deposits including, but not limited to, sand, gravel, clay, rock or stone, earth or top soil; all such uses shall be subject to § 157.016, mineral extraction standards, included in this chapter.
(11) Sawmill. A sawmill, for a period of not more than three years subject to renewal, for the cutting of timber grown in the immediate area, provided that no saw or other machinery shall be less than 100 feet from any lot or street line and that all power saws and machinery will be secured against tempering or locked when not in use.
(12) Manufactured home parks. Manufactured home parks may be permitted in B-2, B-3 and M-1 zones. They may also be permitted in A, R-1, and R-2 zones only when the proposed mobile home park site is at least 600 feet from existing residences. After a public hearing, the decision of the County Board of Zoning Appeals shall determine whether or not the proposed site may be used for the purpose intended. The requirements of § 157.013, manufactured housing standards, shall be fulfilled in all manufactured home parks located in the county, approved subsequent to the adoption of this chapter.
(13) Camp grounds. Camp grounds may be permitted in any B-2, B-3, and I-1 zones. They may also be permitted in A and R-2 zones, only when the site is at least 600 feet from existing residences. They may be permitted in the F-2 zone providing they receive approval from the Indiana Department of Natural Resources, Division of Water, prior to the Board’s approval. After a public hearing the decision of the County Board of Zoning Appeals shall determine whether or not the proposed site may be used for the purpose intended.
(14) Community unit projects. The owner or owners of any tract of land comprising an area of 20 or more acres may be submitted to the County Plan Commission for the use and development of this land for mixed dwelling purposes in a residential district. It shall be referred to the Plan Commission for study. The Plan Commission shall advertise and hold a public hearing. After the public hearing by the Commission, the plan, together with recommendations of the Commission, shall be submitted to the Board of County Commissioners for consideration. The considerations for approval and recommendation by the Plan Commission shall be that:
(a) The property adjacent to the area included in the plan will not be adversely affected.
(b) The plan is consistent with the intent and purpose of this chapter to promote health, safety, morals and general welfare of the community.
(c) The buildings shall be used for single-family dwellings of the usual type, or of the cluster type development, duplexes, three and four family dwellings, row houses or apartments, condominiums, and usual accessory uses such as garages, parking areas, storage space, administrative buildings, and community activities including churches.
(d) The area shall be provided with community or city sewers and water system and with fire protection.
(e) The average lot area per family and minimum yard shall be as follows:
1. Single-family dwellings: 7,000 square feet.
2. Cluster development. Overall density shall not exceed that of the zone in which the land occurs. The houses in the proposed subdivision shall be grouped in clusters. The minimum lot area shall be two-thirds of the minimum normally required in the zone in which the land is located.
3. Two-family dwellings: 10,000 square feet or 5,000 square feet per dwelling unit.
4. Row houses and low apartments not to exceed 35 feet in height, 10,000 square feet for the first two units and 4,000 square feet for each additional unit.
(f) Provisions shall be made for sufficient utility easements to service the property.
(g) 1. Sufficient parking facilities shall be provided as in Section § 157.008(F). In case parking lots are provided, the following shall be required:
a. There shall be a setback from the street conforming to requirements of the zone in which the lot is located.
b. The area around the improvement shall be landscaped.
c. There shall be a solid wall or screen planting at least three-and-one-half feet in height along the street and any side adjoining residential property provided it is not in violation with the provisions of § 157.009.
d. The improvement shall be at least ten feet from any property line and 25 feet from any building.
2. If the Board of County Commissioners approves the plan, improvement location permits and certificates of occupancy may be issued even though the use of the land and the location of the building to be erected and the yards and open spaces contemplated by the Plan Commission do not conform in all respects to the regulations of the zone in which the development is located.
(15) Recreational vehicles. Recreational vehicles may remain on a lot, parcel, or tract of property for residential purposes in any unincorporated zones for a period of 180 days. After 180 days, the owner or owners of any tract, parcel, or lot housing a recreational vehicle for continued residential purposes shall apply for and receive a special exceptions permit before said use may continue.
(B) Considerations for any special exception. In considering a petition for any permitted special exception, the Board shall give due regard to the following factors as they will apply to the particular situation:
(1) The location and size of the use; the nature and intensity of the operations involved in or conducted in connection with it; its site layout, including parking space requirements; and its relation to streets giving access to it so that vehicular traffic to and from the use will not create undue hazards to the normal traffic of the vicinity, taking into account among other things, vehicular turning movement in relation to routes of traffic flow, relation to street intersections, sight distances, and relation to pedestrian traffic.
(2) The nature, location, size, and site layout of the use so that it will be harmonious to the district in which it is situated.
(C) Authorization for continuance.
(1) All special exceptions, except sanitary landfills and incinerators, which existed upon the effective date of this chapter and which are located in a district which would permit such use in accordance with the provisions of the section, shall be regarded as conforming uses and may be continued, except that major changes in layout, expansion or extension to such uses shall be subject to Board review and approval as required for special exception.
(2) All special exceptions hereafter authorized by the Board in accordance with the provisions of this section, shall be regarded as conforming uses and may be continued, except that major changes in layout, expansion or extension to such use shall be subject to Board review and approval as required for special exceptions.
(Ord. passed 3-14-2000; Ord. 2014-14A, passed 9-2-2014; Ord. 2015-05, passed 6-16-2015)
§ 157.013 MANUFACTURED HOUSING STANDARDS.
Manufactured homes, Type A and B, shall be permitted as permanent residence on any lot or parcel on which any other type of dwelling unit may be placed as provided by the requirements of this chapter (P.L. 312. Acts of 1981 - I.C. 36-7-4-1106), and such homes that meet the following requirements and limitations:
(A) The home shall meet all requirements applicable to single-family dwellings;
(B) The home shall be larger than 700 square feet of occupied space and meet the minimum square footage requirements for the appropriate zone;
(C) The home shall be attached and anchored to a permanent foundation in conformance with the regulations in the Indiana One- and Two-Family Dwelling Code and with manufacturer’s installation and specifications;
(D) Exterior material and roof treatment may be determined by the Board of Zoning Appeals or Zoning Administrator on a case by case basis, as follows:
(1) The home shall be covered with an exterior material customarily used on site built residential dwellings, and such material shall extend over the top of the foundation;
(2) The home shall have a roof composed of a material customarily used on site-built residential dwellings, such as asbestos, fiberglass, shake, asphalt or tile, which shall be installed onto a surface appropriately pitched for the materials used.
(E) The following requirements shall be fulfilled in all manufactured home parks located in Spencer County.
(1) Procedure.
(a) An applicant for a manufactured home permit shall apply therefore to the Commission upon the prescribed forms. Said application shall be filed with the Zoning Administrator and shall be accompanied by a preliminary development plan for the entire tract involved, together with supporting data thereof.
(b) Upon receipt of such application, development plan and data, the Commission shall review same and if approval of the plan is given, a hearing shall be scheduled, by the applicant, before the Board of Zoning Appeals asking that the Board grant a special exception for the proposed use.
(c) The Commission shall consider such comments and shall review the proposed development plan and supporting data upon the basis of the requirements of this chapter. Thereafter, the Commission shall take action as follows:
1. If it shall find that such plan meets the requirements of this chapter, it shall approve the same as the final development plan.
2. If it shall find that such plan does not comply with the requirements of this chapter and is not susceptible of alteration, change or amendment to meet such requirements, the Commission shall disapprove the same.
(d) In the event the developer proposes to develop the tract by sections, the developer shall submit all data and final development plans for the section to be developed. The Commission shall not approve any further development plans for any section or sections of the tract until all improvements serving the previously approved section or sections are completely installed as approved. The first section submitted to the Commission shall include a minimum of 25% of the total proposed development.
(2) Development plan. The owner or developer of such tract of land shall have prepared a development plan for the entire tract which shall include the following:
(a) Proposed name of the manufactured home park.
(b) Location by township, section, or other legal description.
(c) Name and address of the developer.
(d) Date, scale, and north point.
(e) Location, widths, and names of all existing platted streets or other public ways, railroads and utility rights-of-way, parks, and other public open spaces, existing buildings and structures within and adjacent to the tract.
(f) Adjoining boundary lines of all adjacent land uses, describing said land uses, showing the name of the developer or owner, or some other means of identification.
(g) Layout of proposed streets, their widths, also the widths of alleys, cross walkways, and easements.
(h) Layout of proposed lots, their numbers and dimensions.
(i) Parcels of land intended for public use.
(j) Manufactured home limit lines.
(k) Contours at intervals of not more than five feet.
(l) Location and type of easements.
(m) Information as to any agreements which have been entered into with the owners of other property within the neighborhood in which the proposed manufactured home park is located, as to general plans for the entire neighborhood.
(n) Such other data as the Plan Commission may by rule require. Any such rule shall be adopted by Commission resolution only after a public hearing.
(3) Development plan requirements. In determining the approval or disapproval of a proposed development plan and supporting data, the Commission shall be governed by the following:
(a) The tract to be developed shall contain a minimum of five acres exclusive of all existing or proposed road right-of-ways.
(b) Lot area and dimensions.
1. Minimum lot width shall be 35 feet, measured perpendicular to the side lot line.
2. The minimum lot area for a manufactured home shall be 3,200 square feet, which shall require an on-street parking area for all vehicles in the park and a playground for children, allowing a minimum of 200 square feet of play area per manufactured home lot. A lot size of 3,300 square feet may be adopted with a choice of on-street parking area or playground and/or a lot size of 3,500 square feet may be adopted with no on-street parking area or playground. In the event on-street parking is not provided, one off-street parking space shall be provided on each lot. One parking space per each four lots shall be provided by the developer in addition to the above requirements.
(c) Location of manufactured home on lot shall be as follows:
1. The minimum front yard from home to front lot line shall be 20 feet.
2. Minimum side yard shall be four feet.
3. Minimum rear yard shall be eight feet.
4. Minimum distance between manufactured homes shall be 20 feet; minimum distance between any additions to or projections of a manufactured home and the next adjacent manufactured home shall be ten feet. In the event the complete manufactured home is in excess of 14 feet in width, the minimum distance between manufactured homes shall be ten feet. In any event the aggregate total of side yards shall not be less than ten feet.
(d) Provision must be made, in every manufactured home park, for a road in front of every lot. The road surface shall be of the all-weather type with a traffic surface of not less than 20 feet in width, properly crowned and graded. When off-street parking is not utilized, a parking surface of eight feet in width shall be provided along each side of said traffic surface. When such roads come in contact with any public roads or highway, reinforced concrete sewer pipe with cemented joints or continuous iron or steel pipe shall be installed to provide drainage. The cost of such pipe shall be defrayed by the owner or operator of the park and the installation shall be approved by the County Highway Supervisor and the County Surveyor. All roads within the park must be accessible for traffic at all times and shall be maintained in first class condition. Roads in any manufactured home park will not be accepted into the county road system; therefore, the operator shall provide for their maintenance.
(e) Sidewalks of a 30-inch minimum width shall be provided by the developer; said sidewalks shall serve each lot and manufactured home.
(f) Street lighting shall be provided by the developer. The light value on all occupied streets shall be a minimum of one-tenth foot candle.
(4) Water supply. Water supply shall be from a municipal water service or from approved and protected driven wells that meet all test requirements, provided with tight, elevated concrete platforms and which will not be subject to overflow or surface drainage. The source and supply of the water for human consumption must meet all the requirements of the Spencer County and State Boards of Health. The use of open wells, springs, cisterns, or open storage tanks for human consumption is unlawful and shall constitute a violation of the terms of this chapter.
(5) Waste and garbage disposal.
(a) Manufactured home parks must be kept in clean and sanitary condition and provided with suitable covered metal receptacles for garbage, waste, litter, and trash. Receptacles must be emptied once a week and the contents of same must be disposed of immediately by incineration or other approved means of a regular collection by a garbage disposal service.
(b) Liquid wastes from manufactured homes shall be collected by a sewage system which has a trapped outlet available to each lot or unit plot and which shall discharge into an approved sewage disposal system. The use of buckets as a depository for waste is unlawful.
(6) Sewage treatment and sewage disposal. Primary treatment of all sewage shall be through a sewage disposal process which meets all county and state health requirements. If septic tanks are used, a percolation test will be required, meeting the specifications of the county and state Sanitation Code. If a sewage disposal plant or lagoon is used, the system must be approved by the Spencer County and State Boards of Health. Every manufactured home park shall provide one or more service buildings based upon the requirements set forth in the Indiana General Assembly Acts of 1955, Chapter 321, Sections 16 to 21 and amendments thereto. Supervision and maintenance of the manufactured home park shall comply with the Indiana General Assembly Acts of 1955, Chapter 321, Section 11 and amendments thereto.
(7) Alterations. It shall be unlawful to remove the rolling equipment or any part thereof from any manufactured home in any manufactured home park, other than for incidental repair.
(8) Registration requirements for owners and operators. Every person proposing the expansion of an existing or creating a new manufactured home park shall apply to the Spencer County Plan Commission for an improvement location permit and shall furnish such relevant information, plans and specifications as will enable the aforesaid board to pass on the eligibility of such manufactured home park.
(9) Forms required for operators and tenants.
(a) Every owner, agent, lessee, person, firm, or corporation that operates or manages any area, tract, subdivision, or any part thereof for use as a manufactured home park, shall file with the Spencer County Plan Commission at the time of opening the park for occupancy, a manufactured home park registration. The form shall be furnished by the Commission.
(b) The owner or operator, or agent of the owner or operator, before renting or leasing any plot, shall complete the manufactured home registration form which shall be furnished by the Commission. An original and five copies of the firm will be filled out and distributed with one completed form to each of the following:
1. The manufactured home park operator.
2. The State Health Service.
3. The Spencer County Plan Commission.
4. The School Superintendent of the district in which the park is situated.
5. The Spencer County Sheriff.
6. The Spencer County Board of Health.
(c) The copies of this form are all to be made out in full and properly signed and distributed as indicated. The failure to furnish these records as prescribed shall constitute a misdemeanor within the terms of this chapter.
(10) Common open space requirement and perimeter requirement. Ten percent (10%) of the total area of a park, exclusive of buffer yards and road rights-of-way shall be dedicated for permanent common open space. Manufactured home parks shall be surrounded by buffer yards measuring not less than 50 feet in depth on the front and not less than 25 feet in depth on the side and rear between the mobile home sites and adjoining property lines.
(Ord. passed 3-14-2000; Ord. 2009-03, passed 8-18-2009)
§ 157.014 CONFINED FEEDING OPERATIONS STANDARDS.
(A) Purpose.
(1) This section is adopted for the protection of farming interest and to promote and protect the public health, safety and welfare by regulating confined animal feeding operations. It is intended to protect property values, and minimize conflicts between farmers and rural residential uses while enhancing and protecting the physical and scenic appearance of Spencer County as outlined in the Comprehensive Plan.
(2) CONFINED FEEDING is defined as the feeding of animals in a confined area according to the following state regulations, including all amendments:
(a) Three hundred (300) or more cattle.
(b) Six hundred (600) or more swine or sheep.
(c) Thirty thousand (30,000) or more fowl.
(B) Development standards. All confined feeding operations must conform to I.C. 13-18-10-01, et seq. including all amendments. All non-farm residential uses and confined feeding operations must also meet the following standards:
(1) All structures and confined lots designed to house or contain livestock shall be set back 900 feet from any existing residence except that of the confined feeding operator.
(2) All structures and confined lots designed to house or contain livestock shall be set back 900 feet from any church, business, school, recreational area (public or private) public buildings and 900 feet from any area zoned residential or any area that has a recorded residential plot.
(3) (a) All structures shall be setback 150 feet from a public road right-of-way.
(b) If the waste handling facility of an operation is an open earthen pit, the setback distance shall be increased to 2,000 feet in division (B)(1) above: 2,000 and 2,500 feet respectively in division (B)(2) and no less than 200 feet in division (B)(3).
(4) No new residential structures except that of the confined feeding operation may be constructed within 900 feet of an existing or granted (permit or otherwise) confined feeding operation.
(5) No new church, business, school, recreational area (public or private) or public building may be constructed or operated within 900 feet of an existing or granted (permit or otherwise) confined livestock or poultry feeding operation.
(Ord. passed 3-14-2000; Ord. 2007-06, passed 6-4-2007)
§ 157.015 RECREATIONAL VEHICLE PARKS.
In any district in which recreational vehicle parks are permitted, the following requirements shall apply:
(A) 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.
(B) 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, nor shall the site be subject to the hazards of objectionable smoke, odor or noise, or the possibility of subsidence, sudden flooding or severe erosion.
(C) The density of a park shall not exceed 15 recreational vehicle spaces for each acre of gross site area.
(D) The minimum area of a recreational vehicle park shall be five acres.
(E) Recreational vehicles and structures shall comply with the required minimum setback and yard provisions of this chapter.
(F) Where the boundary line of a recreational vehicle park coincides with that of a residential district other than along a thoroughfare or alley, a yard separation of at least 25 feet in width shall be required.
(G) At least one centrally located recreation area equal in size to 8% of the gross park area shall be provided in each recreational vehicle park. Streets, parking areas and park service facility areas shall not be included in the required recreational area.
(H) 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 area required by their use shall not 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.
(Ord. passed 3-14-2000)
§ 157.016 MINERAL EXTRACTION STANDARDS.
(A) Purpose.
(1) The purpose of these standards are to provide land for the mining, excavation, processing and storing of mineral resources. These standards are designed to ensure that these resources are properly managed and that all land on which mineral extraction has occurred will be left in such condition, so as to not create a hazard or nuisance which either immediately or in the future affects the health, safety or general welfare of the community.
(2) No production shall be started until the Board of Zoning Appeals has made a written determination and approval with respect to the conditions under which such operation shall be conducted. The Board of Zoning Appeals shall investigate the area to be developed, as well as the surrounding area, in order to determine the conditions to be prescribed so as to protect surrounding property.
(B) Development standards.
(1) All applications for said uses shall be accompanied by a map or plat showing the area proposed to be included in the extraction or removal of material; and a final grading plan which shows the existing ground elevations of the site and the land immediately adjacent thereto, the location and elevation of all bounding streets or rounds, and the final elevations of the site at the termination of the operation with respect to the elevations of the immediately adjacent land and bounding streets or roads.
(2) Unless the Board specifies otherwise, the areas exposed by said operation shall not have a final cut slope of steeper than three feet horizontal to one foot vertical distance and shall be left suitable for development purposes in accordance with the final grading plan approved by the Board.
(3) Unless otherwise permitted by the Board of Zoning Appeals, temporary operating cut slopes steeper than one foot horizontal to one foot vertical shall in no case be brought closer to an exterior property line, right-of-way line of any street, road, way, or alley, as existing or as proposed in the Master Plan than 50 feet where a sight screen is provided or 75 feet in the case where no provision is made for sight screening.
(4) Explosives shall be used only between sunup and sundown except in case of an emergency.
(5) All buildings, structures or equipment shall be entirely removed from the property within one year after the expiration of the permit.
(6) Dikes or other barriers and drainage structures shall be provided to prevent silting of natural channels or storm drains in the area surrounding said uses.
(7) Where required by the Board, final cut slopes shall be treated to prevent erosion; topsoil shall be replaced on such slopes to support vegetation; ground cover shall be planted within 12 months after a cut slope is excavated to its final position; and such ground cover shall be maintained for a period of time sufficient to provide vegetation of a density that will prevent erosion.
(8) Where required, suitable plant material shall be placed and maintained to screen slopes from public view. There shall be no open storage of discarded machinery, trash or junk which would present an unsightly appearance.
(9) Quarries and sand and gravel pits shall be operated so as to keep dust and noise to a minimum, and access roads shall be maintained as dust-free surfaces from the public street to within 100 feet of the loading point within the quarry or sand and gravel pit when adjacent the quarry or sand and gavel pit when adjacent properties are used or zoned for residential purposes.
(10) Vehicles carrying materials from quarries or sand and gravel pits shall be loaded in such manner as to prevent spilling rock, gravel, sand or other materials of a mineral nature while in transit upon roads and highways.
(11) Quarry or sand and gravel pit excavations which may penetrate near or into a useable water bearing stratum shall be conducted in such a manner that any such stratum so approached or encountered will not be subject to pollution or contamination either during quarrying operations or the excavation of a sand and gravel pit or subsequent to the abandonment of said quarry or sand and gravel pit.
(12) All state and federal laws and requirements pertaining to coal mining and the additional requirements of this chapter hereafter listed are hereby adopted as the requirements and standards which shall govern coal mining activities conducted in Spencer County, Indiana.
(13) All applications for a coal mining special exception permit shall be made in writing to the Spencer County Planning Commission and shall contain the following data:
(a) Name of the owner, common address, and legal description of the property;
(b) Zoning classification of the property;
(c) An accurate map showing the property for which the special exception is requested.
(d) Consent by the title owner of the property to inclusion in the application as evidenced by a notarized instrument or an affidavit by the applicant indicating consent has been obtained from title owner.
(e) Name and address of the entity conducting the mining operation including that of any subcontractor.
(f) Copy of the application(s) filed with state and federal authorities.
(14) Any portion of any road from or within a coal mine operation which lies within 100 yards of any inhabited dwelling shall be treated to control dust.
(15) No coal mining operation shall discharge across its permit or lease boundaries, whichever is greater, air pollutants in such concentration where such pollutants exceed the air pollution standards imposed by the environmental protection agency or appropriate state agency.
(16) No surface coal mining, blasting or use of explosive charges shall be permitted within 100 feet of any county owned, Spencer County municipal owned, or Spencer County public entity owned roadway or transmission line, without written consent of applicable county, municipality or other Spencer County public owner. It is not the intent of this division to deny the recovery of coal at a closer distance to said facilities, but to insure that the operator has made satisfactory financial commitments and guarantees to the public owner should the operator’s actions or lack thereof result in damage to said facility.
(17) Coal mining operations which may penetrate near or into a water bearing stratum being used shall be conducted in such a manner that any such stratum so approached or encountered will not be subject to diminution or contamination, unless the user is provided with an acceptable alternate source by the coal mine operator. The coal mine operator shall replace, within a reasonable time, water supplies, whether from cisterns, ponds, lakes, or wells, adversely impacted by contamination, diminution, or interruption proximately resulting from the coal mining operation.
(18) Any applicant proposing to use any portion of a Spencer County controlled public road to transport its mined coal shall secure the approval of the Board of Commissioners of Spencer County of its transportation plan and map for hauling in compliance with any county road ordinances prior to approval of a special exception permit, and shall post any required bonds and/or escrow funds prior to commencing actual hauling operations.
(19) Every operator of a coal mine in Spencer County, before commencing operations, shall be insured for damages which may result from or be caused by said operation. All holders of Spencer County special exception coal mining permits shall at all times have on file in the office of the Spencer County Plan Commission current proof of such insurance in the amount required by 310 I.A.C. 12-4-19 and any additional amounts required under division (B)(16) of this section.
(20) Coal mining is a limited duration use, and once such use is terminated, the site, excluding any constructed water impoundments, shall revert to its original classification unless rezoned in accordance with established procedures. The area or areas considered to be part of a coal mine facility shall be those areas of land from which overburden is to be removed and upon which overburden is to be deposited and all other lands affected by the operation. New roads or the improvement or use of existing roads, other than public roads, to gain access and to haul coal shall be included in lands affected.
(21) Non compliance or violation of any part of this chapter may be grounds for termination of any permit issued in accordance with same.
(22) An operator or person whose Spencer County special exception coal mining permit has been revoked, suspended or terminated shall not be eligible to have another permit, or to have any suspended permit(s) reinstated, until he or she shall have compliance with all the requirements in respect to all permits issued him or her by Spencer County.
(23) Invalidation of any portion of this chapter shall not operate to invalidate any other part of portion of this chapter, any such partial invalidation shall not decrease or diminish the effect or purpose of this chapter.
(Ord. passed 3-14-2000)
§ 157.017 WASTE DISPOSAL FACILITY STANDARDS.
These requirements are established to provide suitable standards for handling and disposal of wastes on land in the county. The county recognizes that disposal of waste is an essential function in the community and that the specific requirements of such an operation will vary with the nature of the operation and its location. It is the intent of these standards to allow needed flexibility in the siting, development and operation of waste disposal facilities. It also is the intent of these standards to establish regulations which are necessary to promote the public health, safety and general welfare of the community.
(A) Procedure for designating waste disposal facilities.
(1) Application for operation of a waste disposal facility shall be made to the Spencer County Plan Commission for a special exception in the allowable districts shown in Appendix A of this chapter, official schedule of uses. The application shall include the following materials:
(a) Evidence that the property proposed for designation is publicly owned or leased or is under option for purchase or lease by a qualified public entity.
(b) Legal description of the property included in the request.
(c) Drawing indicating existing features of the site and property within one half mile of the site, including significant vegetation, water features, topography, soil characteristics, flood hazard areas, drainage, structures, land uses, zoning and any other pertinent features.
(d) Site plan showing the details of the proposed development, including proposed structures, fill area and maximum heights of fill, borrow areas, access drives, parking areas, screening and/or buffering and any other similar information the county deems pertinent to the request.
(e) Proposed hours of operation.
(2) The Plan Commission shall hold a public hearing on the request and make a favorable recommendation, unfavorable recommendation, or no recommendation to the Board of Zoning Appeals regarding it. Such hearing shall be conducted in accordance with I.C. 36-7-4 and with the Commission’s Rules of Procedure.
(3) In making a favorable recommendation to the Board Zoning Appeals, the Plan Commission may suggest such conditions of approval as it deems appropriate to ensure consistency with the spirit and intent of this chapter.
(4) The Board of Zoning Appeals shall hold a public hearing at the meeting at which the special exception will be decided. In approving the request, the Board of Zoning Appeals may impose such conditions as it deems appropriate to ensure consistency with the spirit and intent of this chapter. These conditions may be, but are not required to be, those suggested by the Plan Commission.
(5) If a waste disposal facility is approved by the Board of Zoning Appeals, the property may be developed for said use only in accordance with the approved plan for the site. Any material changes to said plan must be approved by the Board of Zoning Appeals.
(6) For so long as the parcel is being is being actively pursued for the waste disposal facility, the special exception approval shall continue. In the event that a parcel approved as a waste disposal facility is not being actively pursued for a consecutive period of two years, such approval shall be null and void and the zoning district shall govern the development of the property. However, the Board of Zoning Appeals may grant extensions to the approval period, provided the date of expiration of such extension is established.
(7) No construction of any waste disposal facility may be commenced until all required permits are obtained, including but not limited to an Indiana Department of Environmental Management permit, a zoning compliance certificate, and an improvement location permit. Construction includes any grading, filling, excavation, structural alterations or other similar activity. Any such activity which is required in order to obtain needed permits, such as soil borings, is excluded from this provision.
(B) The waste disposal facility standards may be applied to any allowed zoning district established by this chapter, provided the proposed waste disposal complies with the requirements of this section.
(1) The waste disposal facility is restricted to lands used by a public entity for handling and disposal of wastes.
(2) The property proposed for the waste disposal facility shall be large enough to accommodate the use and any accessory or ancillary activities, including parking, loading, landscaping, offices, storage building and utilities.
(3) All waste disposal facilities shall have adequate access and adequate street frontage. The county may require on-site and/or off-site improvements to infrastructure in order to ensure safe and proper access to the facility. In making this determination, the county shall consider the types, sizes and numbers of vehicles which are expected to use the facility.
(4) All waste disposal facilities shall be adequately screened and buffered from neighboring land uses. Screening may consist of berms, landscaping, fencing or a combination thereof. Outdoor storage may not exceed the height of the screen. The county may require minimum separation distances between the facility and adjacent land uses.
(5) The county shall impose such requirements as are necessary to reasonably mitigate adverse effects of waste disposal facilities. Such requirements include but are not limited to height limitations, dust control, erosion control, noise control and limitations on the hours of operation.
(6) Signs associated with the waste disposal facility shall comply with the provisions of this chapter, unless the county approves specific modifications to those regulations as part of the approval of the special exception.
(7) The county may require financial guarantees of performance in order to provide assurance that the waste disposal facility will be completed in conformance with the approved plan.
(8) The county may impose such other conditions as are appropriate and deemed necessary for consistency with the spirit and intent of this chapter.
(Ord. passed 3-14-2000)