§ 155.026 ESTABLISHMENT OF DISTRICTS.

   The jurisdictional area of the county is divided into the following zoning districts for purposes as stated below.

   (A)   AG, Agricultural District. 

      (1)   (a)   The purpose of this district is to recognize agriculture as the predominant use of land in the county and to ensure the continued viability of this resource.

         (b)   Adverse effects and incompatibilities between agricultural and non-farm uses will be discouraged, and public sewage and water facilities will not be provided.

      (2)   Density should not exceed one dwelling unit per acre. Higher density development will be considered only as a planned residential development and/or as per the modification procedure of the Subdivision Control Ordinance.

   (B)   RR, Rural Residential. The purpose of this district is to provided low-density residential areas which includes most of the small communities in the county which are not of sufficient density or area to warrant central sewage facilities now or in the future. Density should not exceed one dwelling unit per 40,000 square feet.

   (C)   R-1, Suburban Residential District. The purpose of this district is to encompass those residential areas adjacent to the incorporated towns and Logansport at a density sufficient enough where central sewage can be provided immediately or in the future. Density should not exceed one dwelling unit per 24,000 square feet.

   (D)   B-1, Convenience Business District. The purpose of this district is to provide convenience business and service uses in community areas.

   (E)   B-4, General Business District. The purpose of this district is to provide areas for general business uses to meet the needs of a regional market and the traveling public. General business districts should be located on collectors or arterials highways as specified by the Comprehensive Plan.

   (F)   AB, Agribusiness District. The purpose of this district is to encourage expansion of business and manufacturing support uses for the local agricultural community in proper locations.

   (G)   I-1, Light Industrial District. The purpose of the light industrial district is to encourage the development and expansion of manufacturing and wholesale business establishments which are clean, quiet and free of hazardous or objectionable elements, operate entirely within enclosed structures and generate little industrial traffic.

   (H)   I-2, General Industrial District. The purpose of this district is provided to encourage the development and expansion of major industrial operations which utilize both enclosed and unenclosed space for storage, fabricating, and manufacturing.

   (I)   FW, Floodway Overlay District. The purpose of this district is to restrict development within that portion of the floodplain which has been delineated by the Federal Insurance Administration as being required to carry the principal thrust and flow of floodwaters.

   (J)   FF, Floodway Fringe Overlay District. The purpose of this district is to place additional restrictions upon uses permitted in underlying districts which are located within that area of the floodplain delineated by the Federal Insurance Administration as the floodway fringe.

   (K)   AO, Airport Overlay District. The purpose of this district is to guide development in certain areas which are adjacent to airports that could be particularly hazardous if development standards were not imposed. This will minimize the possibility of accidents causing hardship on individual property owners and the general public.

   (L)   R-5, Planned Residential Overlay District. 

      (1)   The purpose of this district is to define properties which, because their location and surrounding development, are recommended and best suited to be developed as planned developments, provided for under § 155.052.

      (2)   Such development is not mandatory, but rather a desired or suggested method of development to ensure that new development in these areas is compatible with existing and proposed uses on adjacent properties.

   (M)   RP, Riverfront Protection Overlay District. The purpose of this district is intended to protect from undesirable development all lands within 100 feet of the top of the bank of the Wabash and Eel Rivers.

(Prior Code, § 153.026)

   (N)   Underground and Buried Utilities District. The county hereby establishes an Underground and Buried Utilities District (“Area”) to be in effect April 28, 2017, and to apply throughout the county’s ROW and granted utility easements.

      (1)   Underground and Buried Utilities District is hereinafter defined as follows:

         (a)   In all areas of the county where no overhead or above-ground utilities, utility facilities, overheard lines, or associated overhead structures used, or useful, in supplying electric, communication, or similar and associated services currently exist;

         (b)   In all areas of the county where planned road projects, redevelopment areas and/or economic development areas provide for and require underground buried utilities and utility facilities, including, but not limited to: electric; communication; or similar and associated services;

         (c)   All other areas of ROW, proposed ROW, or newly adopted ROW throughout the county, or in utility easement granted by the county, whether or not above-ground utilities, or utility facilities, currently exist; and

         (d)   Notwithstanding divisions (N)(1)(a) through (N)(1)(c) above, any utility that requires construction, placement, or use of a small cell facility in an area designated strictly for underground or buries utilities, may submit an application to the Board of County Commissioners requesting a waiver to install new utility poles or new wireless support structures within the “Area.”

      (2)   (a)   From and after the effective date of this division (N), no person, corporation, or utility shall erect or construct within the county’s ROW or granted utility easement, any pole, overhead line, or associated overhead structure used, or useful, in supplying electric, communication, or similar associated services; a person, corporation, or utility may submit an application to the Board of County Commissioners requesting a waiver to install new utility poles or support structures within the “Area.”

         (b)   However, a person, corporation, or utility that is currently providing utility services, installed as the date of this division (N), shall be permitted to continue to repair and maintain utility structures and facilities in the ROW.

      (3)   Unless otherwise expressly authorized by the Board of County Commissioners, all utilities located within the county’s ROW or granted utility easement shall be placed underground and/or buried.

      (4)   All existing overhead poles, wires, and/or utility transmission lines may remain within the county’s ROW or utility easement, but may not be replaced or relocated without prior written authorization of the Board of County Commissioners. However, a person, corporation or utility that is currently providing utility services, installed as the date of this division (N), shall be permitted to continue to repair and maintain utility structures and facilities in the ROW.

      (5)   If any portion of this section is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this section so long as enforcement of same can be given same effect.

(Prior Code § 153.026) (Ord. 93-02, passed 2-1-1993; Res. 2017-02, passed 4-28-2017)

§ 155.027 DISTRICT LAND USAGE; TABLE A.

   (A)   Agricultural. The permitted, prohibited and special exception uses for each district are shown in Table A below. Where the district column is marked with a “P,” the use is permitted in that district. Where the district column is marked with an “X,” the use is prohibited. Where the district column is marked with an “S” a special exception must first be obtained as specified by § 155.184. The Zoning Administrator shall determine into which category any use shall be placed which is not specifically listed or herein defined. This determination may be appealed to the Board of Zoning Appeals.

—	AG	RR	R-1	B-1	B-4	AB	I-1	I2	CG	Buffer Class	Parking Class
1. Agricultural — Accessory Storage Facility	P	P	P	P	P	P	P	P	—	A	C
2. Agribusiness (as defined)	S	X	X	X	S	P	S	S	P	E	B
3. Agriculture — Confined Feeding	S	X	X	X	X	S	S	S	S	A	C
4. Agriculture — Cropland and Orchards	P	P	P	P	P	P	P	P	—	A	C
5. Agriculture — Commercial Fish, Worm, Fur, and Other Specialty Farms	P	X	X	P	P	P	P	P	—	A	C
6. Agriculture — Farm Business On-Site Sale of Goods Primarily Produced on the Property (permanent)	S	X	X	P	P	P	P	P	—	C	D
7. Agriculture — Farm Business On-Site Sale of Goods Produced on the Property (seasonal)	P	X	X	P	P	P	P	P	—	A	D
8. Agriculture — Irrigation Facilities	P	S	S	P	P	P	P	P	—	A	C
9. Agriculture — Land Application of Sludge and Wastewater	P	X	X	X	X	P	P	P	—	A	C
10. Agriculture — Pasture and Grazing (does not include animals kept as pets or for hobby)	P	S	S	P	P	P	P	P	—	A	C
11. Agriculture — Processing of Good Produced on Property Only	P	S	S	P	P	P	P	P	—	A	C
12. Auction Barn (Livestock)	S	X	X	X	X	P	S	S	—	E	G
13. Cropland Research or Demonstration Test Plot (temporary or permanent)	P	S	S	P	P	P	P	P	—	A	C
14. Farm Equipment Sales and Rental New and Used and Accessory Service and Repair	S	X	X	X	S	P	S	S	—	E	N
15. Forestry, Woodland	P	P	P	P	P	P	P	P	S	A	C
16. Grain Elevators and Feed Dealers Storage and Distribution	S	X	X	X	X	P	S	S	P	E	B
17. Liquid Fertilizer and Agricultural Chemicals — Sales, Mixing Storage and Distribution	S	X	X	X	X	P	S	S	P	E	B
18. Livestock Research or Evaluation	P	X	X	P	P	P	P	P		B	C
19. Plant Nursery (as defined)	P	X	X	P	P	P	P	S	—	A	C
20. Slaughterhouse and Rendering Plant	X	X	X	X	X	X	X	S	S	E	B

 

   (B)   Natural resources.

—	AG	RR	R-1	B-1	B-4	AB	I-1	I2	CG	Buffer Class	Parking Class
1. Agricultural and Environmental Research Centers	S	X	X	P	P	P	P	P	—	B	B
2. Artificial Lake or Reservoir of 3 Acres or More	S	S	S	S	S	S	S	S	—	A	C
3. Conservation or Environmental Study Clubs	S	X	X	S	S	S	S	S	—	B	C
4. Fill of Natural Wetland, Water Areas or Marshland	S	S	S	S	S	S	S	S	—	A	C
5. Fish Hatcheries	P	X	X	P	P	P	P	P	—	A	C
6. Mineral Extraction (as defined)	S	S	S	S	S	S	S	S	—	E	B
7. Oil and Gas Production (not to include refining)	S	X	X	S	S	B	S	S	P	E	B
8. Public Landing Facilities	P	P	P	P	P	P	P	P	—	A	C
9. Public Owned Park or Recreational Area and Accessory Structures	P	P	P	P	P	P	P	P	—	A	C
10. Water Areas, Marshland	P	P	P	P	P	P	P	P	—	A	C
11. Water Management and Use Facilities such as Dams, Docks, Piers, Channel Improvements, Seawalls, and Floodwalls	P	P	P	P	P	P	P	P	—	A	C
12. Wildlife and Nature Preserves	P	P	P	P	P	P	P	P	—	A	C

 

   (C)   Residential.

—	AG	RR	R-1	B-1	B-4	AB	I-1	I2	Buffer Class	Parking Class
1. Bed and Breakfast Facility (as defined), Tourist Home	S	S	S	S	S	X	X	X	B	S
2. Children’s Home (as defined)	S	S	S	X	X	X	X	X	B	J
3. Conversion Dwelling (as defined)	S	S	S	S	S	S	X	X	A	A
4. Cottage Industries	S	X	X	X	X	X	X	X	A	see § 155.111
5. Country Inn (as defined)	S	X	X	S	S	X	X	X	D	S
6. Day Care Home (as defined)	P	P	P	P	S	S	X	X	A	A
7. Dwelling — Accessory Apartment (as defined)	P	P	P	S	S	S	X	X	A	A
8. Dwelling — Cabin or Cottage (Seasonal or Permanent)	P	P	P	X	X	X	X	X	A	A
9. Dwelling — Earth Sheltered Home (as defined)	P	P	P	X	X	X	X	X	A	A
10. Dwelling — Multi-Family (as defined)	S	S	S	X	X	X	X	X	B	A
11. Dwelling — Seasonal Farm Worker Housing	P	S	S	X	X	S	X	X	A	A
12. Dwelling — Single Family-Attached (as defined)	S	S	S	X	X	X	X	X	A	A
13. Dwelling — Single Family-Detached (as defined)	P	P	P	X	X	X	X	X	A	A
14. Dwelling — Two-Family (as defined)	S	S	S	X	X	X	X	X	B	A
15. Group Housing Quarters (as defined)	S	S	S	X	X	X	X	X	B	K
16. Home Child Care (as defined)	P	P	P	P	P	P	X	X	A	A
17. Home Occupation — Major (as defined)	S	X	X	P	P	P	P	P	C	A
18. Home Occupation — Simple (as defined)	P	P	P	P	P	P	P	P	A	A
19. Major and Minor Residential Subdivisions Over Two Lots (as defined by the Subdivision Control Ordinance)	S	P	P	X	X	X	X	X	A	A
19. Minor Residential Subdivisions Two Lots and Under (as defined by the Subdivision Control Ord.)	P	P	P	S	S	S	S	S	A	A
20. Mobile Home — As Principal Structure (as defined)	P	S	S	X	X	X	X	X	A	A
21. Mobile Home Park (as defined) (see § 155.097)	S	X	X	S	S	X	X	X	B	A
22. Model Homes (as defined)	P	X	X	X	X	X	X	X	—	—
23. Modular Home (as defined)	P	P	P	X	X	X	X	X	A	A
24. Motel or Hotel (as defined)	X	X	X	P	P	P	X	X	D	S
25.Nursing and Retirement Home	S	S	S	X	X	X	X	X	B	K
26. Residential Accessory Uses and Structures	P	P	P	P	P	P	P	P	A	A
27. Residential Facility (as defined)	P	P	P	X	X	X	X	X	B	J
28. Residential Facility (as defined) for the Mentally Ill When Located Greater than 3,000 feet from Another Residential Facility for the Mentally Ill	P	P	P	X	X	X	X	X	B	J
29. Residential Facility (as defined) for the Mentally Ill When Located Less than 3,000 Feet from Another Residential Facility for the Mentally Ill	S	S	S	X	X	X	X	X	B	J
30. Social Rehabilitation Center (as defined)	S	S	S	S	S	S	S	S	B	J

 

   (D)   Trade.

—	AG	RR	R-1	B-1	B-4	AB	I-1	I2	CG	Buffer Class	Parking Class
1. Aircraft Sales, Storage and Rentals and Accessory Service and Repair (including crop dusting services)	S	X	X	X	X	S	S	X	—	E	N
2. Automobile Car Washing and Waxing	X	X	X	X	P	S	S	X	—	E	M
3. Automobile Sales and Rental - New and Used and Accessory Service and Repair	X	X	X	X	P	S	S	X	S	E	N
4. Automobile Service Stations (as defined) and Tire and Battery Dealers and Accessory Service and Repair (not including junk yards)	X	X	X	X	P	S	S	X	—	E	M
5. Boat and Other Marine Sales and Rental and Accessory Service and Repair	S	X	X	X	P	S	S	X	—	E	N
6. Commercial Garages (as defined)	S	X	X	X	P	S	S	X	—	E	M
7. Dinner Theater, Night Club and Taverns	X	X	X	X	P	S	S	X	—	D	L
8. Drive-in and Carry-out Restaurants	X	X	X	X	P	S	S	X	—	D	L
9. Heavy Equipment Sales and Rental New and Used and Accessory Service and Repair	X	X	X	X	P	P	S	S	—	E	N
10. Liquor Stores	X	X	X	S	P	S	X	X	—	D	E
11. Lumber and Building Supplies, Lawn and Garden Supplies, and Farm Supply Centers (including outdoor storage)	S	X	X	S	P	P	S	X	P	E	E
12. Mobile Homes and Recreational Vehicle Sales and Rental and Accessory Service and Repair	X	X	X	X	P	S	S	X	X	E	N
13. Monument Sales	X	X	X	X	P	S	S	X	—	E	D
14. Motorcycle and Truck Sales and Accessory Service and Repair	X	X	X	X	P	S	S	X	X	E	N
15. Noncommercial vehicle repair (not including junk yards) (see § 155.110)	P	P	P	X	X	X	X	X	—	A	A
16. Restaurant and Cafeterias including Drive-Ins or Sidewalk Cafes	X	X	X	P	P	S	S	X	—	D	L
17. Retail Trade (as defined) of More than 1,000 Square Feet Per Establishment	X	X	X	S	P	S	X	X	—	D	E
18. Retail Trade (as defined) of No More than 1,000 Square Feet Per Establishment	X	X	X	P	P	S	X	X	X	C	D
19. Truck and Trailer Rentals (As Principal or Accessory Use)	X	X	X	X	P	S	S	X	—	E	N
20. Truck Stops and Service Centers	X	X	X	X	P	S	S	S	—	E	M
21. Shopping Center (as defined) Of Over 200,000 Square Feet	X	X	X	S	S	S	X	X	—	D	H
22. Shopping Center (as Defined) Of up to 200,000 Square Feet	X	X	X	S	S	S	X	X	—	D	I
23. Sidewalk Cafés (as defined)	X	X	X	X	S	S	S	X	—	D	L

 

   (E)   Services.

—	AG	RR	R-1	B-1	B-4	AB	I-1	I2	CG	Buffer Class	Parking Class
1. Barber and Beauty Shops	X	X	X	P	P	S	X	X	—	C	D
2. Blue Printing and Photocopying and Printing/Publishing of No More Than 5,000 Square Feet Per Establishment	X	X	X	S	P	S	S	X	—	C	D
3. Cemetery	S	S	S	S	S	S	S	S	S	B	C
4. Churches	P	P	P	P	P	P	P	S	—	B	R
5. Civic and Charitable Organization Facilities	S	X	X	S	P	S	S	X	—	C	X
6. Coin Operated Laundries and Dry Cleaning	X	X	X	P	P	S	S	X	—	D	D
7. Contractors, Including Plumbing, Heating, Cooling, Electrical, Roofing, Water Softening, Welldrilling, Excavating, Building and House Moving (including service yard and showroom)	X	X	X	X	P	P	P	S	—	E	D
8. Data Processing	X	X	X	P	P	S	S	X	—	C	D
9. Day Care Center (as defined)	S	S	S	S	S	X	X	X	—	B	T
10. Engineering, Research, and Development Laboratories (involving fire or explosives) (as defined)	X	X	X	X	X	X	X	S	—	E	B
11. Engineering, Research and Development Laboratories (not involving fire or explosives) (as defined)	X	X	X	X	X	S	P	P	—	B	B
12. Financial Services (as defined) (not including drive-up windows)	X	X	X	P	P	P	X	X	—	D	E
13. Financial Services — Drive-Up Windows	X	X	X	X	P	P	S	X	—	D	E
14. Fire and Police Stations	P	P	P	P	P	P	P	P	—	B	B
15. Government Offices and Auto License Bureaus	S	S	S	S	P	P	F	S	—	C	D
16. Hospitals	S	X	X	X	S	X	X	X	—	B	J
17. Kennel	S	X	X	X	P	P	S	X	S	C	N
18. Landscaping (as defined)	S	X	X	X	S	P	S	X	S	C	D
19. Laundries (commercial) and Diaper Service	X	X	X	X	P	S	S	X	—	D	B
20. Libraries, Community Centers, Senior Citizens Centers and Post Offices	S	S	S	S	P	P	P	X	—	B	D
21. Medical and Dental Offices and Clinics (as defined)	X	X	X	S	P	S	S	X	—	C	D
22. Mortuary	X	X	X	X	P	S	S	X	—	D	R
23. Nursery School (as defined)	S	S	S	S	S	X	X	X	—	B	T
24. Penal or Correctional Institutions	X	X	X	X	X	X	S	S	—	B	B
25. Photographic Studio	X	X	X	P	P	S	S	X	—	C	D
26. Professional Offices (as defined)	X	X	X	P	P	S	S	X	—	C	D
27. Public Water Wells, Filtration Plants, and Storage Tanks	S	S	S	S	P	P	P	P	—	B	B
28. Repair Services (as defined)	S	X	X	P	P	P	S	X	—	C	D
29. Sanitary Landfill	S	X	X	X	X	S	S	S	—	E	B
30. School—College and University	S	X	X	X	X	S	S	S	—	B	Q
31. School—Elementary and Secondary	P	P	P	P	P	S	S	S	—	B	P
32. School—Trade, Vocational, Business, Art or Music	S	X	X	X	X	S	S	S	—	B	Q
33. Sewage Treatment Plants	S	S	S	S	S	S	P	P	—	E	B
34. Sign Painting	X	X	X	X	P	D	S	X	—	C	D
35. Tailoring and dress making	X	X	X	P	P	S	S	X	—	C	D
36. Taxidermist	X	X	X	X	P	S	S	X	—	C	D
37. Travel Bureau	X	X	X	P	P	S	S	X	—	C	D
38. Veterinary Hospital and Clinic	S	X	X	S	P	P	S	X	S	C	O
39. Welding	S	X	X	X	P	B	S	S	—	C	D
40. Woodworking, Cabinet Shop (not to include Heavy Manufacturing)	S	X	X	S	P	S	S	X	—	C	D

 

   (F)   Recreational facilities.

—	AG	RR	R-1	B-1	B-4	AB	I-1	I2	CG	Buffer Class	Parking Class
1. Amusement Park	X	X	X	X	S	S	S	X	—	D	W
2. Archery Range (indoor)	X	X	X	X	P	S	S	X	—	D	V
3. Auditorium, Coliseum, Stadiums	X	X	X	X	S	S	S	X	—	D	R
4. Billiard and Pool Establishment	X	X	X	X	P	S	S	X	—	D	U
5. Boat Rental and Storage	S	X	X	S	P	F	P	P	—	D	W
6. Bowling Alley	X	X	X	X	P	S	S	X	—	D	U
7. Campground (public and private)	S	X	X	X	S	S	S	X	—	D	A
8. Community Recreational Facility	X	X	X	S	S	X	X	X	—	D	Z
9. Dance Hall and Schools	X	X	X	X	P	S	S	X	—	D	V
10. Fairgrounds	S	X	X	X	S	S	S	X	—	A	W
11. Golf Courses and Accessory Structures	S	S	S	S	S	S	S	S	—	A	U
12. Golf and Country Clubs	S	S	S	X	S	S	S	X	—	A	X
13. Golf Drive Ranges	S	X	X	X	P	S	S	X	—	A	W
14. Hunting Preserves and Gamelands	S	X	X	X	S	S	S	S	—	A	W
15. Ice and Roller Skating Arena	X	X	X	X	P	S	S	X	—	D	V
16. Lodges, Fraternal Organizations, and Private Clubs	X	X	X	X	P	S	S	X	—	D	X
17. Miniature Golf Courses	X	X	X	X	P	S	S	X	—	D	W
18. Motorcycle Riding Trails	S	X	X	X	S	S	S	X	—	D	W
19. Museum and Art Gallery	X	X	X	X	P	S	S	X	—	D	D
20. Organizational Campground Churches, Recreational Clubs, and Similar Organizations	S	X	X	X	S	S	S	X	—	D	W
21. Race Track	X	X	X	X	S	S	S	X	—	D	R
22. Reception Halls	X	X	X	X	P	S	S	X	—	D	V
23. Riding Stables	S	X	X	X	P	P	S	X	—	D	W
24. Recreational Vehicle Park	S	X	X	X	S	S	S	X	—	D	A
25. Tennis and Racquet Clubs	X	X	X	X	P	S	S	X	—	D	U
26. Theater, Indoor	X	X	X	X	P	S	S	X	—	D	R
27. Theater, Outdoor	X	X	X	X	S	S	S	X	—	D	W
28. Shooting or Archery Range (outdoor)	X	X	X	X	S	S	S	X	—	D	W
29. Ski and Toboggan Runs	S	X	X	X	P	S	S	X	—	A	W
30. Videogame Arcade	X	X	X	P	P	X	X	X	—	D	E
31. Water Slide Park Public Swimming Area	S	X	X	S	S	X	X	X	S	D	W
32. Weight Reduction/Exercise Facility	X	X	X	X	P	P	S	X	—	D	V
33. Zoos, Botanical Gardens	S	X	X	X	S	S	S	X	—	A	W

 

   (G)   Transportation, communications, utilities.

—	AG	RR	R-1	B-1	B-4	AB	I-1	I2	CG	Buffer Class	Parking Class
1. Airport, Landing Strip and Heliport	S	X	X	X	X	S	S	S	—	A	M
2. Bridges	P	P	P	P	P	P	P	P	—	A	C
3. Bus Station/Service	X	X	X	S	P	X	X	X	—	E	Y
4. Commercial WECS	S	X	X	X	X	X	X	X	X	B	C
5. Electric Generation	S	X	X	X	S	S	S	S	—	E	C
6. Essential Services (as defined)	P	P	P	P	P	P	P	P	—	A	C
7. Large Wind System	S	X	X	X	X	S	S	S	—	B	C
8. Pipelines (Interstate)	P	P	P	P	P	P	P	P	—	A	C
9. Pipeline Pumping Stations	S	S	S	S	P	P	P	P	—	A	C
10. Radio or TV Station	X	X	X	X	P	S	S	S	—	A	B
11. Radio or TV Transmitting Tower	S	X	X	S	S	S	S	S	—	A	C
12. Railroad and Highway Right-of-way	P	P	P	P	P	P	P	P	—	A	C
13. Small or Micro Wind System	P	P	P	P	P	P	P	P	—	A	C
14. Solar Energy Conversion System	S	X	X	X	X	X	S	S	S
15. Taxi Service	X	X	X	P	P	X	X	X	—	E	C
16. Telephone Exchange	S	S	S	S	P	P	P	P	—	A	B
17. Temporary Meteorological Towers (Met Towers)	P	S	S	S	S	P	P	P	—	A	C
18. Utility Station — Main Installation	S	S	S	S	P	P	P	P	—	E	B
19. Utility Station — Substation	S	S	S	S	P	P	P	P	—	A	C
20. Wireless Facility (as defined)	P	X	X	X	S	S	S	S	P	E	C
21. Wireless Facility when Co-located (as defined)	P	P	P	P	P	P	P	P	P	E	C

 

   (H)   Wholesale trade, warehousing and storage.

—	AG	RR	R-1	B-1	B-4	AB	I-1	I2	CG	Buffer Class	Parking Class
1. Air Cargo Services	S	X	X	X	S	P	P	P	—	E	B
2. Auction Sales Yard (not involving livestock)	X	X	X	X	S	P	P	P	—	E	N
3. Bottled Gas Storage and Distribution	S	X	X	X	S	P	P	P	—	E	B
4. Bulk Fuel Yard (local distribution)	X	X	X	X	S	P	P	P	—	E	B
5. Bulk Fuel Yard (regional distribution)	X	X	X	X	X	X	X	S	—	E	B
6. Compost Facility	S	X	X	X	X	S	S	S	—	E	N
7. Freight Distributors and Terminal (truck and railroad)	X	X	X	X	S	P	P	P	P	E	B
8. Frozen Food Lockers	X	X	X	X	S	P	P	P	—	E	B
9. Greenhouse (commercial)	S	X	X	X	P	P	S	X	—	E	N
10. Highway Maintenance Garage and Storage	X	X	X	X	S	P	P	P	—	E	B
11. Junk Yard (as defined) and Scrap Metal Yard	X	X	X	X	X	X	X	S	—	E	N
12. Mini-warehouses	X	X	X	X	S	S	P	P	—	E	B
13. Moving Companies and Storage	X	X	X	X	S	S	P	P	—	E	B
14. Recycling Center or Facility	X	X	X	X	S	S	P	P	—	E	N
15. Supply Yard (as defined)	X	X	X	X	X	S	S	P	—	E	N
16. Transfer Station	S	X	X	X	X	S	S	S	—	E	N
17. Utility Company Office and Storage Yard	X	X	X	X	S	P	P	P	—	E	B
18. Warehousing — Inside (involving explosives)	X	X	X	X	X	X	X	S	—	E	B
19. Warehousing — Inside (not involving explosives)	X	X	X	X	S	P	P	P	P	E	B
20. Wholesale Distributor (as defined)	X	X	X	X	S	P	P	P	—	E	B

 

   (I)   Manufacturing.

—	AG	RR	R-1	B-1	B-4	AB	I-1	I2	CG	Buffer Class	Parking Class
1. Accessory Use Retail or Wholesale Trade Associated with a Manufacturing Use	X	X	X	X	P	P	P	P	—	E	B
2. Accessory Use Storage of Supplies or Finished Products Associated with any Permitted Manufacturing Use	X	X	X	X	P	P	P	P	—	E	B
3. Asphalt or Ready Mix Plant	X	X	X	X	X	X	X	S	—	E	B
4. Bottling Company	X	X	X	X	X	X	P	P	—	E	B
5. Concrete Batching Plants and Mixing Plants for Portland Cement or Asphaltic Concrete	X	X	X	X	X	X	X	S	—	E	B
6. Explosives Manufacturing	X	X	X	X	X	X	X	S	—	E	B
7. General Offices Associated with a Manufacturing Use (including service facilities for employees and guests)	X	X	X	X	P	P	P	P	—	E	B
8. Heavy Manufacturing (as defined)	X	X	X	X	X	X	S	P	—	E	B
9. Incineration for Reduction of Refuse	X	X	X	X	X	X	X	S	—	E	B
10. Light Manufacturing (as defined)	X	X	X	X	X	X	P	P	P	E	B
11. Manufacturing of Cement, Concrete or Clay Products	X	X	X	X	X	X	X	S	—	E	B
12. Ordnance Products (including arms and ammunition)	X	X	X	X	X	X	X	S	S	E	B
13. Petroleum Refining (including paving and roofing materials)	X	X	X	X	X	X	X	S	—	E	B
14. Printing and Publishing (including newspapers, books, periodicals, and commercial printing) of More Than 5000 Square Feet per Establishment	X	X	X	X	X	X	P	P	—	E	B
15. Sawmills and Planing Mills (as distinguished from a temporary sawmill on the property where lumbering is being done)	X	X	X	X	X	P	P	P	—	E	B

 

   (J)   Miscellaneous.

—	AG	RR	R-1	B-1	B-4	AB	I-1	I2	CG	Buffer Class	Parking Class
1. Accessory Uses and Structures (including fences)	P	P	P	P	P	P	P	P	—	NA	C
2. Adult Business (as defined)	X	X	X	X	S	S	S	S	—	D	F
3. Loading Area — In Conjunction with a permitted use	P	X	X	P	P	P	P	P	—	NA	C
4. Mobile Homes for Commercial or Industrial Purposes — when used	S	S	S	S	S	S	S	S	S	NA	B
5. Parking — In Conjunction with a permitted use	P	P	P	P	P	P	P	P	—	NA	C
6. Parking Structures or Lots (principal use)	X	X	X	X	S	S	X	X	—	D	C
7. Processing, Storage, Recycling, Recovery and Disposal of Hazardous Waste (as defined) (as principal or accessory use)	X	X	X	X	X	X	X	S	—	E	B
8. Processing, Storage, Recycling, Recovery and Disposal of Nuclear Waste (as defined) (as principal or accessory use)	X	X	X	X	X	X	X	S	—	E	B
9. Signs	P	P	P	P	P	P	P	P	—	NA	C
10. Storage of Disabled Vehicles (as defined)	X	X	X	X	X	X	X	S	—	E	C
11. Temporary Use	P	P	P	P	P	P	P	P	—	NA	Y

 

(Prior Code, § 153.027) (Ord. 93-02, passed 2-1-1993; Ord. 2007-03, passed 4-2-2007; Ord. 2008-02, passed 4-7-2008; Ord. 2008-08, passed 10-6-2008; Ord. 2009-04, passed 7-6-2009; Ord. 2009-17, passed 12-7-2009; Ord. 2010-01, passed 3-1-2010; Ord. 2010-10, passed 11-1-2010; Ord. 2011-11, passed 9-19-2011; Ord. 2012-10, passed 9-4-2012; Ord. 2015-08, passed 7-20-2015; Ord. 2015-16, passed 10-6- 2015; Ord. 2015-11, passed 10-6-2015; Ord. 2015-15, passed 10-19-2015; Ord. 2019-03, passed 5-7-2019; Ord. 2020-14, passed 11-16-2020; Ord. 2021-04, passed 7-19-2021; Ord. 2021-05, passed 6-21-2021)

§ 155.028 DISTRICT PERFORMANCE STANDARDS; TABLE B, TABLE B-1.

   (A)   District minimum lot area, lot width, minimum lot area per family; minimum front, side and rear yards; and maximum lot coverage are listed in Table B below.

   (B)   Where a proposed structure will eliminate more than 50% of an adjacent residential structure’s view or exposure to the sun at noon on the shortest day of the year and as measured from the main living or work area of the adjacent structure, an additional yard area and setback may be required by the Zoning Administrator as determined by Table B-1 of this chapter so that the 50% view or exposure may be obtained.

      (1)   Table B: District performance standards.

District	AG	RR	R-1	B-1	B-4	AB	I-1	I-2	CG
1. Minimum Lot Area (A)	—
No Central Sewage	43,560	43,560	24,000	12,000	20,000	20,000	20,000	40,000	130,680
With Central Sewage	24,000	20,000	20,000	6,000	10,000	10,000	10,000	24,000	130,680
2. Minimum Lot Width (B)	—	—	—	—	—	—	—	—	—
No Central Sewage	150	150	100	80	80	80	80	150	80
With Central Sewage	100	100	80	50	70	70	70	100	70
3. Minimum Lot Area Per Family (A)	—								—
No Central Sewage	43,560	43,560	24,000	12,000	20,000	20,000	NA	NA	NA
With Central Sewage	24,000	20,000	20,000	6,000	10,000	10,000	NA	NA	NA
4. Maximum Lot Coverage (C)	10 or 30*	30	40	80	80	50	50	50	50
5. Minimum Front Yard (B)	50	50	45	25	25	40	40	40	40
6. Minimum Rear Yard (B)	25	25	20	20	20	25	25	25	25
7. Minimum Side Yard (B)	20	20	15	15	15	20	20	20	20
Notes to Table: (A)—Square Feet (B)—Feet (C)—Percent * 30% only applies to residential used properties that are less than one acre on preexisting properties established before 10/2017

 

      (2)   Table B-1: Additional area and setback.

(Prior Code, § 153.0 28) (Ord. 93-02, passed 2-1-1993; Ord. 2017-12, passed 10-2-2017)

§ 155.029 SUPPLEMENTAL LOT REGULATIONS.

   Except as hereafter provided, no building or structure shall be erected or located on a lot unless such lot conforms with the lot area regulations in the district in which it is located as shown in § 155.028.

   (A)   Lots of record, or lots sold by verifiable land contract, prior to the passage of this chapter may be smaller in area than the figure prescribed provided all other regulations of the district can be met.

   (B)   Except as provided by division (C) below, no improvement location permit may be issued for a structure or use on any lot created after the adoption of this provision which does not have 40 feet of frontage on an open, public accepted and maintained street, or a private street, which meets the private street standards of the Subdivision Control Ordinance. Except as provided by division (C) below, no improvement location permit may be issued for a structure or use on any lot created prior to the adoption of this provision which does not have frontage on an opened, public accepted and maintained street, or a private street, which meets the private street standards of the Subdivision Control Ordinance.

   (C)   (1)   To achieve more creative planning and preservation of natural property features, pipestem lots are permitted; provided they have exclusive unobstructed private easement of access of at least 20 feet width to a road.

      (2)   However, two pipestem lots with no more than one dwelling on each lot may share a common easement of access of at least 24 feet width. The area of a pipestem lot occupied solely by the pipestem driveway or easement shall not be deemed to be a part of the required minimum lot area.

   (D)   There may be more than one principal building, on a lot provided all regulations of the district can be met. In addition, there shall be a minimum distance of 15 feet between residential structures and a minimum distance of 25 feet between commercial or industrial structures.

(Prior Code, § 153.029) (Ord. 93-02, passed 2-1-1993) Penalty, see § 155.999

§ 155.030 SUPPLEMENTAL YARD REGULATIONS; TABLE C.

   No portion of a principal or accessory structure or use, including garages, porches, steps, carports, and decks, shall project into any minimum front, side, or rear yard as shown on Table B and Table B-1 in § 155.028, except as provided below.

   (A)   An architectural or structural feature such as an eave, chimney, bay window, roof overhang, cornice, sill, awning, canopy, or similar feature may extend or project into any required yard not more than two feet.

   (B)   An uncovered porch, landing, deck, or steps (except for safety railings) which do not extend above the level of the first floor of the building, a fire escape, or uncovered stairs may extend or project into any required yard no more than four feet. Structures approved by this division (B) may not be later enclosed or extended above first floor level except by Board of Zoning Appeals approval.

   (C)   An accessory structure, as defined, shall not be located in the front yard nor located closer than five feet to the side or rear lot line.

   (D)   (1)   Accessory uses, as defined, and the following yard improvements are not subject to setback regulations and are permitted in any required front, side, or rear yard; provided they do not violate other sections of this chapter: fences; gazebos; flagpoles; arbors and trellis; outdoor barbecues; walks; driveways; parking spaces; decorative driveway entrance features; curbs; retaining walls; utility installations for local service such as pole, lines, hydrants and telephone booths; lattice work screens; trees; shrubs; flowers and plants; gardens; mail boxes; nameplates; ponds; lamp posts; recreational equipment; bird baths and houses; dog houses; children’s play houses; bushes; hedges; and landscaping of a similar nature.

      (2)   This section does not include accessory structures, as defined, except for those listed above.

   (E)   Air conditioners rated at 24,000 BTU or less shall not be so placed hereafter so as to discharge air within five feet of lot lines, and those rated over 24,000 BTU so as to discharge air within 12 feet of lot lines, except where the air conditioners are separated from lot lines either by projections of buildings or by streets, alleys, or permanent open space at least 20 feet in minimum dimensions.

   (F)   Principal and accessory structures on lots which abut more than one street shall provide the required front yards along every street. Lots which abut a driveway or other easement of access which serves as a principal means of access for one or more lots must also meet front yard setbacks along said easement.

   (G)   On corner lots, lot width requirements need to be met along only one street right-of-way; provided § 153.030 is met.

   (H)   Where 25% or more of the lots within a block or for a distance within 350 feet of the proposed building on the same side of the street if not within a block are occupied by buildings, the average setbacks of the buildings determines the front yard setbacks, however, if there is not any other building within the block or within 350 feet in either direction, then the standard setback for the district shall apply.

   (I)   Front yard or building setback lines established in recorded subdivisions establish the dimension of front yards in such subdivisions, except when such building setback lines may be less restrictive as provided in the applicable district.

   (J)   No yard, open space, or lot area required for a building or structure shall, during its life, be occupied by, or counted as open space for, any other building or structure.

   (K)   (1)   On a corner lot, nothing shall be erected, placed, planted, parked, or allowed to grow in such a manner as to materially impede vision between a tight of two and one-half feet and ten feet above the centerline grades of the intersecting streets in the area bounded by the street right-of-way of such corner lots and a line joining points along the street lines 15 feet from the point of intersection.

      (2)   This requirement shall also apply at the entrance to access drives which lead to commercial or industrial developments.

      (3)   In addition to regular setback (yard) requirements for structures, a bufferyard (as defined) shall be provided and maintained by the owner or lessee of a property in accordance with this section.

         (a)   BUFFERYARDS are the horizontal distance adjacent to side and rear property lines, measured perpendicularly between adjacent property lines and/or right-of-way lines, intended to provide attractive spaces to reduce the impacts of proposed uses on adjacent property or natural features.

         (b)   Bufferyards also help to maintain existing trees or natural vegetation to block or reduce noise, glare, or other emissions, and to maintain privacy. Bufferyards are required between most land uses on adjacent properties in order to reduce the impact of one use on another. Generally, more intensive uses require greater amounts of buffering than less intensive uses.

         (c)   This section applies only to changes of use, the construction of a principal structure on a lot, or the expansion of any existing principal structure by 50% or more.

      (4)   (a)   Bufferyards, where required, shall be located along side and rear property lines.

         (b)   In the I-1 or I-2 Districts, bufferyards shall also be required along the front property line when adjacent to or facing a residential district.

         (c)   On lots which abut a street along more than one property line, the site plan shall designate which property line shall be considered the front, and bufferyards shall be provided along all other lines.

         (d)   Bufferyards shall have the necessary widths and planting and fencing material as required in this section.

      (5)   To determine the required widths and materials of bufferyards, the following procedure shall be used:

         (a)   Identify the Bufferyard Classification (Buffer Class A, B, C, D, or E) of the proposed use and/or structure by referring to Table A in § 155.027.

         (b)   Identify the Bufferyard Classification (Buffer Class A, B, C, D, or E) of an existing adjacent use be referring to Table A of this chapter. For vacant land and for existing, adjacent uses, non- conforming to the zoning district in which it is located, refer to the Zone Map for the district classification of the land and/or use.

         (c)   1.   Determine the bufferyard requirements for the proposed use and/or structure by referring to Table C below.

            2.   Go down the left hand column to the bufferyard classification of the proposed use and then go across the matrix either to the adjacent existing bufferyards classification, or the adjacent vacant land (Zoning District) and refer to the Roman Numeral (I, II, III, IV, or V) in the corresponding box which indicates the buffering type.

         (d)   1.   Refer to the bufferyard type in Illustrations I through V below.

            2.   Any one of the alternative bufferyards may be selected.

      (6)   Table C: Required bufferyards.

Bufferyard Classification	Adjacent Existing Bufferyards Classification					Adjacent Vacant Land (Zoning District)
—	A	B	C	D	E	AG	RR—R-1	B-1—B-4	I-1—I-2
A	X	X	X	X	X	X	X	X	X
B	V	I	II	III	IV	II	III	V	V
C	V	IV	I	II	III	IV	III	IV	IV
D	V	IV	III	I	II	V	IV	I	I
E	V	IV	III	II	I	V	V	I	II
Notes to Table: X — No bufferyard required

 

      (7)   The following additional standards apply to bufferyards.

         (a)   All bufferyards shall be maintained and kept free of debris, rubbish, weeds, and tall grass.

         (b)   There shall be no structures, outdoor storage, or parking and loading facilities in bufferyards, except for agricultural or residential uses.

         (c)   Where setback area is limited, bufferyards may be coterminous with the required front, side, or rear setback areas, but in case of conflict, the larger yard area regulation shall apply.

         (d)   All plants shall be planted within one year of the improvement location permit issuance or within six months of project completion, whichever is shorter, and all plants shall be properly maintained. Any plants which do not live or are destroyed shall be promptly replaced.

         (e)   Deciduous trees shall be a minimum of six feet in height when planted. Deciduous shrubs shall be a minimum of two feet in height when planted.

         (f)   Evergreens shall be a minimum of four feet in height when planted.

         (g)   Berms shall be a minimum of four feet in height.

         (h)   Fencing shall be at least six feet in height and subject to all regulations hereof.

         (i)   Flowering trees and shrubs shall be encouraged in bufferyards.

      (8)   Screening (as defined) shall be required if the site cannot accommodate the bufferyard classification as shown in Table C, Class IV, and/or V. On any parcel of land where there is an existing use or structure, the Zoning Administrator may waive all, or part of, the required bufferyard if it is physically impossible to locate the required bufferyard due to non-conforming lot size, existing structure, or parking lot location, or other similar reasons.

   (L)   Canopies for an automobile service station, drive-in bank, drive-in restaurant, or similar use where outside pedestrian activity is necessary may be constructed to the property line; provided that the canopy is at least 12 feet in height and no more than 25% of the required front and side yard area is covered by the canopy.

   (M)   When an accessory structure is attached to a principal structure by a breezeway or roofed passageway, the accessory structure shall be deemed to be part of the principal structure and shall maintain principal structure yard requirements. This section does not apply to accessory structures which exist on the effective date of this chapter and any subsequent attachment to the principal structure or the existing accessory structure.

   (N)   An existing mobile home or manufactured home which does not meet setback requirements may be replaced provided the replacement mobile home does not encroach into the required setback area to any extent greater than the existing home.

(Prior Code, § 153.030) (Ord. 93-02, passed 2-1-1993; Ord. 2011-1, passed 2-22-2011)

§ 155.031 GENERAL PROVISIONS AND EXCEPTIONS TO HEIGHT REGULATIONS.

   No principal structure in any district may be constructed, reconstructed, altered, or enlarged which exceeds 35 feet in height above average ground level. One-story primary structures may not have accessory structures that exceed 16 feet in height. Two-story or taller primary structures may not have accessory structures that exceed 24 feet in height.

   (A)   The following structures may exceed normal height requirements; provided their total height does not exceed their distance from the nearest lot line:

      (1)   Structures such as barns, silos, tanks, bins, and windmills located in the Agricultural District;

      (2)   Communication structures, such as wireless towers (as defined), radio and television and relay stations and receiving stations, and aerials and observation towers; and

      (3)   Industrial uses such as gas and liquid fertilizer tanks, sanitary landfills, power generating plants, sub-stations, smoke-stacks, grain elevators, and other agricultural product processing and storage facilities, and industries requiring a vertical production procedure, such as flour mills, steel mills, and refineries;

      (4)   Architectural projections, such as spires, belfries, parapet walls, cupolas, and domes;

      (5)   Special structures such as monuments, scenery lofts, fire towers, and flagpoles; and

      (6)   Wind energy conversion systems (as defined).

   (B)   Public and semi-private buildings, hospitals and institutions, schools, and churches (excluding the spire) may be erected to a height of 60 feet; provided their total height does not exceed their distance from the nearest lot line.

   (C)   Auxiliary structures attached to a building such as radio and television antennae, chimneys, ventilation fans, and similar mechanical appurtenances, or other structures necessary to maintain and operate a building may exceed normal height requirements; provided the building is setback from the minimum yard distances one additional foot for each foot of height above the maximum height limitations. If the auxiliary structure is erected at a later time than the building to which it is attached, the auxiliary structure, rather than the building, must be so located that the provisions of this division (C) can be met.

   (D)   Essential services, utilities, water towers, electric power and communication transmission lines, and vegetation are exempt from the height limitations of this chapter.

   (E)   The above height exception shall not apply when the structure constitutes a hazard to an existing airport or landing strip and to electric power transmission lines.

   (F)   The Board of Zoning Appeals may authorize a variance to this regulation for any principal or accessory structure in any district; provided division (E) above is met.

(Prior Code, § 153.031) (Ord. 93-02, passed 2-1-1993; Ord. 2009-04, passed 7-6-2009; Ord. 2015-16, passed 10-19-2015; Ord. 2015-12, passed 10-19-2015; Ord. 2020-14, passed 11-16-2020)