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§ 152.110  PURPOSE OF REGULATIONS.
   The purpose of this subchapter is to enable the establishment of certain uses enumerated in this subchapter not otherwise permitted in this chapter under reasonable and uniform limitations, safeguards, and controls deemed to be in the public interest.
(Ord. 1991-07, passed 1-7-1991)
§ 152.111  PROCEDURE.
   (A)   An application requesting authority to establish a special use in certain districts as herein permitted shall be filed with the Board of Zoning Appeals in the same manner as for an appeal, on forms prepared for the purpose and under established rules and schedules.
   (B)   Upon receipt of the application, copy shall be forwarded to the Plan Commission. Said Commission shall make a thorough study and evaluation of the case and shall submit its recommendations to the Board in writing.
   (C)   After having received the report of the Plan Commission, the Board shall set a date for a public hearing and shall give notice of the hearing to all interested parties. At the hearing, the report of the Commission shall be read in total and shall be made a part of the proceedings of the public hearing as well as part of the Board’s record.
   (D)   The Board of Zoning Appeals shall not be bound by this subchapter to permit special uses per se, but shall carefully consider the report of the Commission, the prayer of persons aggrieved, the existing conditions on th premises and its surroundings. The Board may compel the submission of any data deemed essential in determining whether or not the proposed special use is compatible with surrounding areas.
(Ord. 1991-07, passed 1-7-1991)
§ 152.112  MINERAL EXTRACTION.
   (A)   General. Except as herein provided, nothing in this chapter shall prevent (outside of urban areas) the complete use and alienation of any mineral resources or forests by the owner or alienee thereof. For the purpose of this section, urban areas shall include all lands or lots within the limits of the incorporated city and any other lands or lots used for residential purposes where there are eight or more residences within any quarter mile square area, and such other lands and lots as have been or are planned for residential areas contiguous to incorporated cities. For the purpose of preserving mineral resources and using them in the development and growth of the community, the encroachment of other uses upon lands where such resources may be obtained should be avoided.
   (B)   Ones in which permitted. The mining of minerals shall be considered special use and may be permitted in the A Agriculture Zone, the IL Limited Industrial Zone, and the IIM Intense Industrial Zone subject to the determination of the Board of Zoning Appeals.
   (C)   Quality standards.
      (1)   In determining whether or not the working of an area for the extraction of minerals is feasible and whether or not such operation should be permitted, the Plan Commission and the Board of Zoning Appeals may consider the following factors:
         (a)   The depth of overburden;
         (b)   The quality of deposits at various depths;
         (c)   The engineering problems concerning size and area;
         (d)   Existing and future land use;
         (e)   Ingress and egress and similar traffic problems; and
         (f)   Proximity of existing residential, commercial development.
      (2)   In determining the feasibility of a project, the Commission and the Board may avail themselves with technical aid from state and federal agencies with expertise in the question of mineral resources.
(Ord. 1991-07, passed 1-7-1991)
§ 152.115  HOME OCCUPATION.
   (A)   Definition. The term HOME OCCUPATION shall mean an occupation conducted in a dwelling by a member of the resident family where the clientele would be coming to the premises upon which such occupation is conducted. A home occupation shall be controlled and limited so as to not interfere with the principal use of the premises as a residence and so as to not adversely affect the residential character, use of value of the adjacent area.
   (B)   Zones in which permitted. A home occupation may be permitted in the A Agriculture Zone and in any Residence Zone.
   (C)   Conditions. A home occupation shall be determined by and regulated by the following conditions:
      (1)   The operator of the home occupation shall remain a resident of the dwelling and no person other than a member of the resident family shall be employed in connection with the home occupation;
      (2)   The primary use of the dwelling shall remain residential and the home occupation use shall be clearly incidental and subordinate to the residential use;
      (3)   No accessory building or structure shall be used to house a home occupation;
      (4)   Not more than 25% of the floor area of the dwelling shall be used in the conduct of the home occupation;
      (5)   There shall be no change in the outside appearance of the dwelling or the premises or any visible evidence of the conduct of such home occupation other than one sign not to exceed one square foot in area, non-illuminated and mounted flat against the wall of the building in accordance with the provisions regulating home occupation signs in §§ 152.090 through 152.097 of this chapter;
      (6)   No traffic shall be generated in greater volume than normally expected in a residential neighborhood. Any need for parking generated by the conduct of the home occupation shall be met off the street, not in the required front yard and in accordance with the provisions regulating parking in § 152.076 of this chapter;
      (7)   No equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot.  In the case of electrical interference, no equipment or process shall be used which creates visual or audio interference in any radio or television receivers, or causes fluctuations on line voltage, off the premises;
      (8)   There shall be no visible display or storage of goods or commodities. No stock in trade or commodities, other than those prepared, produced, or created on the premises, shall be sold on the premises;
      (9)   The granting of a special use for a home occupation shall not transfer with ownership nor to another location; and
      (10)   A home occupation shall not be considered to include clairvoyance, fortune telling, experimentation that may involve the use of chemicals or other substances which may create noises, odors, or hazards to health, safety, and welfare of the neighborhood. Neither shall a home occupation include hobby or curio shops, convalescing or nursing homes, tourist homes and gun shops.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
§ 152.114  PLANNED UNIT DEVELOPMENT.
   (A)   Definition. A planned multi-family development unit shall mean a single-family, two-family, multi-family development or combination of all three uses developed as a single unit. The development may include group housing, townhouses, cluster garden structures, apartments, and condominiums.
   (B)   Zones in which permitted.  Planned multi-family development units may be permitted in all Residence Zones (except R-1 Residence Zones) subject to the provisions of this section.
   (C)   Purpose. The purpose of this planned multi-family development unit is to provide a more desirable living environment than would be possible through the strict application of the provisions of this chapter; to encourage a more desirable use of open areas; to induce innovations in residential development so that the growing demands for housing may be met by greater variety, type, design, and layout of dwellings and by the conservation of land; to stimulate a more efficient use of public and private services, to provide means by which the type, design, and layout of residential development can be related to sites and demands for housing consistent with the preservation of property values; and to add flexibility to zoning standards as shall encourage the disposition of proposals for such multi-family development units without delay.
   (D)   Procedure. The owner or owners of any tract of land five acres or more in area, may file an application for tentative approval with the Plan Commission. Said application shall include all of the following items:
      (1)   Location and size of area involved;
      (2)   Density of land use;
      (3)   Location, function, ownership, and manner of maintenance of common open space;
      (4)   Use, approximate height, bulk, and location of buildings and other structures;
      (5)   Feasibility of proposals for the disposition of sanitary and storm water;
      (6)   Covenants, grants, and easements to be placed on the use of the land and buildings;
      (7)   Provisions for parking of vehicles and the location and width of proposed streets;
      (8)   Relationship of proposed streets to streets in the proximity of the project; and
      (9)   Schedule of construction and a written statement of how the project would be consistent with residential growth.
   (E)   Principles and standards. In considering the planned multi-family development units, the Plan Commission and the Board of Zoning Appeals shall adhere to the following principles and standards:
      (1)   The population density and building coverage of the site for the project shall conform to the overall density and building coverage of the zone in which it is located.  However, lot dimensions, setbacks, and area do not have to meet specific requirements of this chapter, provided a more logical and desirable use of the property is proposed;
      (2)   A variety of dwelling and building types shall be encouraged;
      (3)   Where townhouses are suggested, there shall be no more than five townhouse units in any contiguous group. An average rear yard of 25 feet would be desirable where a lot does not abut a park or open space easement. A minimum side yard on the two end units of contiguous townhouse groups shall be seven plus three feet for each additional story over one story;
      (4)   Planting and utility strips may be eliminated and an equal amount of land area placed into acceptable public park;
      (5)   Areas proposed for dedication must be acceptable in size, shape, and location. Rights of way for riding, hiking, and other types of trails and scenic ways may be dedicated.  Rights-of-way for water courses and similar channels shall not be acceptable for space exchanges;
      (6)   Clustering of dwellings may be accomplished through a reduction of lot area with overall density remaining the same, and the provision of usable and desirable open space easements dedicated;
      (7)   Public utility and similar easements shall not be used for space exchange;
      (8)   Any project which proposes to dedicate land for park and open space must include the total park area at the time of the filing of the application;
      (9)   Maximum privacy for each multi-family unit shall be provided through functional design, use of proper building materials and landscaping;
      (10)   The architectural design of multi-family units shall be developed considering their relationship to adjacent development in terms of height, texture, line, and pattern;
      (11)   Building coverage shall not exceed 50% of the net lot area;
      (12)   A minimum of 25% of the total lot area, exclusive of parking and streets, shall be landscaped for recreation; and
      (13)   All on-site utilities shall be placed underground.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
§ 152.115  HOME OCCUPATION.
   (A)   Definition. The term HOME OCCUPATION shall mean an occupation conducted in a dwelling by a member of the resident family where the clientele would be coming to the premises upon which such occupation is conducted. A home occupation shall be controlled and limited so as to not interfere with the principal use of the premises as a residence and so as to not adversely affect the residential character, use of value of the adjacent area.
   (B)   Zones in which permitted. A home occupation may be permitted in the A Agriculture Zone and in any Residence Zone.
   (C)   Conditions. A home occupation shall be determined by and regulated by the following conditions:
      (1)   The operator of the home occupation shall remain a resident of the dwelling and no person other than a member of the resident family shall be employed in connection with the home occupation;
      (2)   The primary use of the dwelling shall remain residential and the home occupation use shall be clearly incidental and subordinate to the residential use;
      (3)   No accessory building or structure shall be used to house a home occupation;
      (4)   Not more than 25% of the floor area of the dwelling shall be used in the conduct of the home occupation;
      (5)   There shall be no change in the outside appearance of the dwelling or the premises or any visible evidence of the conduct of such home occupation other than one sign not to exceed one square foot in area, non-illuminated and mounted flat against the wall of the building in accordance with the provisions regulating home occupation signs in §§ 152.090 through 152.097 of this chapter;
      (6)   No traffic shall be generated in greater volume than normally expected in a residential neighborhood. Any need for parking generated by the conduct of the home occupation shall be met off the street, not in the required front yard and in accordance with the provisions regulating parking in § 152.076 of this chapter;
      (7)   No equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot.  In the case of electrical interference, no equipment or process shall be used which creates visual or audio interference in any radio or television receivers, or causes fluctuations on line voltage, off the premises;
      (8)   There shall be no visible display or storage of goods or commodities. No stock in trade or commodities, other than those prepared, produced, or created on the premises, shall be sold on the premises;
      (9)   The granting of a special use for a home occupation shall not transfer with ownership nor to another location; and
      (10)   A home occupation shall not be considered to include clairvoyance, fortune telling, experimentation that may involve the use of chemicals or other substances which may create noises, odors, or hazards to health, safety, and welfare of the neighborhood. Neither shall a home occupation include hobby or curio shops, convalescing or nursing homes, tourist homes and gun shops.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
§ 152.116  GROUP HOUSING/HALFWAY FACILITY.
   (A)   Definition. A single unit dwelling occupied by four or more unrelated individuals sharing a common kitchen and other common living areas.
   (B)   Zones in which permitted. Group housing may be permitted in the R-2 Residence Zone.
   (C)   Conditions. Group housing may be permitted under the following conditions:
      (1)   A minimum of 250 square feet of floor area shall be provided for each occupant;
      (2)   One off-street parking space shall be provided for every three occupants; and
      (3)   Said facility must obtain proper Indiana license prior to occupancy.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
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