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The following set of zoning requirements are applied to specific areas of the county in addition to the requirements of the underlying use districts. Development within overlay districts must conform to the requirements of both districts, or the more restrictive of the two.
(Prior Code, § 153.050) (Ord. 93-02, passed 2-1-1993)
(A) (1) The Riverfront Protection Overlay District is created as an overlay district and shall apply to land abutting the Wabash River, Eel River, and other creeks and tributaries as may, from time to time, be designated by amendment of this chapter by the Plan Commission.
(2) The Riverfront Protection District regulations shall be in addition to all other applicable zoning district standards. The Riverfront Protection District may have the effect of modifying the requirements, regulations, and procedures applying in the underlying district; providing there is no conflict of this chapter and other ordinances or state or federal law. If there is such a conflict, whichever ordinance or law is the most restrictive shall take precedence.
(B) (1) The River Protection Overlay District is of special and substantial public interest because it is a visual and environmental resource affecting substantial portions of the county. It is the general purpose and intent of these regulations to provide for maximum public benefit from any future development of the Riverfront Protection District through a sharing of the district land by different types of uses which are developed with a river orientation and with emphasis on the opportunity for enjoyment of river vistas and access to the river banks, continuity of river trails, and access to the rivers.
(2) It is further the intent of this chapter to provide for public access to the rivers, to eliminate or minimize adverse environmental impact, to improve scenic and aesthetic controls, to improve transportation coordination and capability, to better coordinate residential, recreation, commercial, and industrial land uses, and to promote tourism and economic development in areas adjacent to the rivers.
(C) The boundaries of this overlay district shall be 100 feet from the riverbank, which shall be defined as the landward edge of the “floodway area” as determined by the State Department of Natural Resources and for the Federal Emergency Management Agency, on both sides of the river or creek. In the absence of “Floodway Area” information, the 100-year flood boundary shall be used for measurement. For purposes of this section, reports entitled “Floodway: Flood Boundary and Floodway Maps” or the “FIRM: Flood Insurance Rate Map” for the county, which were prepared by the Federal Emergency Management Agency and effective August 3, 1981, shall be used. If more than 50% of a lot or parcel is within that defined boundary, the entire lot or parcel shall therefore be included as if it were entirely contained within that boundary.
(D) Prior to issuance of an improvement location permit for any change in the Riverfront Protection District, a person shall submit a request for approval of a change to the Plan Commission. For the purpose of the Riverfront Protection District, change shall mean:
(1) Construction, enlargement, or alteration of a structure, sign, or parking area, but not replacement of industrial machinery or fixtures which do not involve a structural alteration;
(2) Commencement of a different land use or occupancy;
(3) Filling, grading, clearing, or excavating of land including the removal of trees or other vegetation; and
(4) Emergency work specified herein. However, this does not include temporary flood or ice control measures when flooding or ice damage is imminent or present.
(E) The request for Development Plan approval in the Rivetfront Protection District shall be accompanied by the materials as specified in § 155.150, as well as the following additional information:
(1) The location, minimum size, and configuration of areas to be conveyed, dedicated, or otherwise reserved as common open space and/or easement;
(2) The existing and proposed pedestrian and/or trail system;
(3) The proposed treatment of the perimeter of the site; including materials and techniques to be used such as screens, fences, walls, and landscaping;
(4) The relationship between this parcel and other developed parcels within the Riverfront Protection District, including building orientation and facade design;
(5) The height of the plat above sea level;
(6) Any data and information bearing on the flooding; and
(7) Other technical or statistical data which may be reasonably required by the Plan Commission.
(F) (1) The Plan Commission shall review the Development Plan submitted within the Riverfront Protection District according to the procedure set forth in § 155.150. In addition, the Commission shall review the Development Plan in relationship to any and all plans having a bearing on the Overlay District, including but not limited to: the Comprehensive Plan; the Park Master Plan; as well as any flood control measures; bank conservation treatment; and water quality controls or improvements which might be needed to support the proposal.
(2) If the Plan Commission determines that the proposal is not compatible with the Comprehensive Plan, or creates unreasonable hazard of flooding, or is not compatible with the aesthetic design of the District, it shall be deny the application. If the Plan Commission denies the application, it shall notify the petitioner stating the reasons for the denial.
(G) (1) No person shall commence activity in the Riverfront Protection District (described above) before a Development Plan is approved by the Plan Commission, unless it has been exempted under the terms of this chapter for emergency work by the Zoning Administrator.
(2) Emergency work may be commenced concurrent with an application for Development Plan approval when, without emergency work, there is imminent danger of personal injury or substantial damage to property. Any such emergency work is done solely at the risk of the person performing the work.
(3) An application for Development Plan shall be filed for review as soon as possible and not later than the first working day after repairs have commenced. No permit shall be issued for a change required to be reviewed under this chapter, unless the change has been approved by the Plan Commission or is proceeding as emergency work under concurrent review.
(4) If the Plan Commission subsequently denies the Development Plan for any change made pursuant to the “emergency work” provisions of this division (G), the person shall, upon notification of the denial, immediately quit any such occupancy and use and shall restore the premises to its condition prior to commencement of the emergency work.
(Prior Code, § 153.052) (Ord. 93-02, passed 2-1-1993)
(A) (1) Planned Developments may be permitted in any District, subject to the purposes and standards of this section. It is the intent of this chapter that the procedure for approval of a Planned Development Overlay District generally follow Zone Map Amendment procedure as specified herein and in I.C. 36-7-4-608
. In addition, as part of approval of a Planned Development Overlay District, a primary and secondary plan of the Planned Development shall be filed and approved. All development shall comply with the approved plans.
(2) However, it is also the intent of this chapter that subdivision plat approval, as may be required by the Subdivision Control Ordinance, may be obtained simultaneously as the Planned Development approval, if requested by the owner/developer.
(B) The following general standards and purposes apply to Planned Development Overlay Districts:
(1) Planned Developments provide greater design flexibility in the development of land when consistent with the Comprehensive Plan and with the intent of this chapter. The use of Planned Development Overlay Districts shall be encouraged when the use of such regulations promotes a harmonious variety of uses, and/or provides for an economy of shared services and facilities, and/or are compatible with surrounding areas, and/or foster the creation of attractive, healthful, efficient, and stable environments for living, shopping, or working;
(2) The Planned Development regulations and procedures may apply to the development of presently developed lands, or open or vacant lands, and may apply to parcels of relatively small size, as well as large-scale developments, and their relationship with other surrounding uses and the overall characteristic of the area in which located;
(3) (a) Planned Development regulations are intended to encourage innovations in land development techniques so that the growing demands of the community may be met with greater flexibility and variety in type, design, and layout of sites and structures, and by the conservation and more efficient use and provision of open spaces and other amenities generally enhancing the quality of life.
(b) With Planned Development approval, the Commission may approve development with smaller lot sizes, lesser setbacks, and with variation to other standards contained in this chapter than would normally be allowed; provided adequate open space and/or other special amenities are provided; and
(4) Planned Development projects should also encourage a more efficient use of land which reflects the changes in the technology of land development, so that resulting economies may accrue to the benefit of the community at large.
(C) The following design standards apply to Planned Developments.
(1) The area of land to be developed shall not be less than four acres for residential, commercial, or institutional Planned Developments, and shall not be less than five acres for industrial Planned Developments.
(4) The use of the land shall not differ substantially from the uses permitted in the underlying district in which the Planned Development is located, except limited business uses, intended to serve only a residential Planned Development and fully integrated into the design of the project, may be considered.
(5) All applicable design and construction standards of the Subdivision Control Ordinance shall be met for Planned Developments requiring subdivision approval.
(6) Open space shall be provided to the extent necessary as further specified herein, so that the Planned Development meets the standards of this chapter.
(7) Drainage systems shall be provided that meet the standards hereof and the standards of the Subdivision Control Ordinance, if applicable. Planned Developments which include retention ponds as part of a drainage system, may use the retention pond area when calculating for open space.
(8) Principal vehicular access to the development shall be from roads capable of supporting existing traffic and the traffic that will be generated by the development. Access points shall be designed to provide smooth traffic flow, controlled turning movements, and minimum hazard to vehicular or pedestrian traffic in compliance with § 155.032. No streets or roads within the development shall connect to exterior streets in any such way as to encourage use of local streets as through-streets.
(9) Walkways shall be provided to form a logical, safe, and convenient system. All walkways shall be located to minimize contacts with normal automotive traffic, with street crossings held to a minimum.
(10) Private street right-of-ways and pavements in a Planned Development shall be constructed in conformity with the minimum street specifications prescribed by the Subdivision Control Ordinance.
(11) If topographical or other barriers are not sufficient to assure the privacy of the development from adjacent or facing properties, the following requirements shall be imposed.
(a) Structures on the perimeter must be setback sufficiently to protect their privacy and amenity; and
(b) Screening the perimeter beyond normal bufferyards required by this chapter shall also be required so as to protect the development.
(12) The requirements determining the spacing of structures shall be as flexible as possible so as to encourage imaginative site design. The spaces between structures shall guarantee adequate light, air, and emergency access. The minimum distance between the nearest points of any exterior structure walls shall not be less than 30 feet, except that for residential structures (not exceeding two stories in height), external end walls with no opening therein shall not be less than ten feet apart.
(D) The approval procedure for a Planned Development shall be as described below. The Planned Development requires primary approval from the Plan Commission and the Board of County Commissioners and secondary approval by the Plan Commission. A primary plan of the entire Planned Development area shall be filed with and approved as a part of the Planned Development Overlay District approval. All secondary plans shall be consistent with the approved primary plan.
(1) Prior to submission of a Planned Development for primary approval, an optional step, the pre-application conference, is encouraged. At the pre-application conference, the developer shall discuss all aspects of the proposed development, including rough sketches of site and building plans, with the Zoning Administrator. This meeting may be combined with the pre-application meeting suggested by the Subdivision Control Ordinance.
(2) Formal application for primary approval of a Planned Development shall be as follows. This approval may proceed simultaneously with primary plat approval required by the Subdivision Control Ordinance, where applicable. The developer desiring primary approval shall submit an application signed by all owners of the real estate involved, a filing fee and a primary plan showing the following:
(a) The proposed layout of street, open space and other basic elements of the plan;
(b) The general identification of location and types of structures and their use categories within the area, including proposed densities of the uses;
(c) A proposal for handling traffic, parking, sewage disposal, drainage, tree preservation and removal, lighting, signage, and other pertinent development features;
(d) A plan for drainage and erosion control as specified herein and as specified in the Subdivision Control Ordinance, where applicable;
(e) A separate location map to scale shall show the boundary lines of adjacent land and the existing zoning of the area proposed to be developed as well as the adjacent land;
(f) A general statement of the covenants to be made a part of the Planned Development, as well as the estimated time of development;
(g) A statement of the proposed order of development of the major elements of the project, including whether the development will be in phases, and, if so, the order and content of each phase;
(h) An Open Space Plan which designates and indicates the boundaries of all open space areas required by division (F) below. The plan shall:
1. Designate areas to be reserved as open space. The specific design of open space areas shall be sensitive to the physical and design characteristics of the site;
2. Designate the type of open space which will be provided; and
3. Specify the manner in which the open space shall be perpetuated, maintained, and administered.
(i) Any other information that may be required for primary plat approval by the Subdivision Control Ordinance, where applicable. The filing of a primary plat which meets Subdivision Control Ordinance standards shall be sufficient documentation for that part of a Planned Development being subdivided, except for the Open Space Plan which shall be filed for the entire Planned Development.
(3) Complete applications for primary approval, as determined by the Zoning Administrator, will be docketed for public hearing before the Plan Commission. The date for a hearing shall be no later than 30 days after a complete application is filed.
(4) At least ten days before the hearing, notice of the hearing shall be published in accordance with I.C. 5-3-1
and also sent to the petitioner and interested parties, as defined by Plan Commission rules.
(5) Copies of the Planned Development shall be submitted to any technical review agencies, as defined by Plan Commission rules for comment prior to the hearing.
(6) The Plan Commission, or technical review agencies, may visit the site anytime during the review process.
(7) The Plan Commission shall hold the pubic hearing prior to making a recommendation to the Board of County Commissioners on a primary application pursuant to the procedure herein and I.C. 36-7-4-608
. This public hearing may be held at the same time as the primary plat hearing as required by the Subdivision Control Ordinance, if applicable.
(8) The Board of County Commissioners, following receipt of recommendations from the Plan Commission, shall act upon the primary plan of the Planned Development pursuant to the procedure herein.
(a) Approval of the primary plan of the Planned Development by the Board of County Commissioners shall constitute establishment of the Planned Development Overlay District for the development site.
(b) All secondary plans and subdivision plats shall be in substantial compliance with the approved primary plan, except where provided by this chapter.
(c) Primary approval of the Planned Development by the Board of County Commissioners does not constitute primary approval of a subdivision plat. This authority lies with the Plan Commission. Primary approval of a subdivision plat granted by the Plan Commission, however, cannot be effective until the Planned Development is granted primary approval by the Board of County Commissioners.
(9) Primary approval shall be valid for one year from the date of approval by the Board of County Commissioners unless an extension is granted by the Board of County Commissioners. The Board of County Commissioners may establish time limits of less than one year on any, or all, conditions of primary approval. The Board of County Commissioners may also allow the Planned Development to be filed for secondary approval in phases. In this case, the Board of County Commissioners shall specify reasonable expiration dates for each phase at the time of primary approval. If secondary approval is not granted before the specified expiration, or expirations, for any phase, primary approval shall be null and void for any or all remaining phases of the primary plan which has not received secondary approval to that time. The Board of County Commissioners may reasonably extend the expiration date(s) upon request of the developer.
(10) After any conditions of primary approval have been met, but before any development takes place, the developer may request secondary approval for all of or one phase of the Planned Development from the Plan Commission. This approval may be done simultaneously with secondary plat approval provided all construction plans and other requirements of the Subdivision Control Ordinance have been met. Requests for secondary approval shall be accompanied by an application, a filing fee, and a secondary plan showing the following:
(a) All requirements for a Development Plan as listed herein, for any part of the Planned Development not being subdivided;
(b) All information required for primary approval herein;
(c) All applicable information required by the Subdivision Control Ordinance, if secondary plat approval has been requested for all, or a phase of the development. The filing of a secondary subdivision plat as required by the Subdivision Control Ordinance shall be sufficient documentation for that part of any Planned Development that is being subdivided;
(d) All documentation that is necessary that indicates that all construction plans for the development, or phase of development, has been approved by the applicable utility or governmental agency and that adequate financial guarantees have been filed as required by the Subdivision Control Ordinance; and
(e) All documentation that is necessary that indicates that required open space is being provided and will be maintained in compliance with this chapter.
(11) The Plan Commission shall then approve the secondary plan upon an affirmative finding that the plan is consistent with the approved primary plan as approved by the Board of County Commissioners upon rezoning. The secondary plan, or a phase thereof, which has been granted approval shall be certified by the Plan Commission and recorded by the developer in the County Recorder’s office before any development shall take place.
(12) Secondary approval of a Planned Development may be considered approval of any Development Plans required by § 155.150.
(13) Secondary approval shall expire after a period of one year unless the approved secondary plan has been recorded and is 50% of more completed in terms of public improvements including streets, parks, open space, walkways, utility installations, drainage system and sanitary sewers. Determination of the amount of completion shall be made by the Zoning Administrator. For Planned Developments where approval has expired, new secondary approval according to the procedure of this chapter shall be requested.
(14) In the event that no approval of a secondary plat is obtained within one year following primary approval for all, or a phase of, a Planned Development, the Plan Commission, or Board of County Commissioners may initiate an amendment of this chapter following the procedure to remove the Planned Development Overlay District designation of any property.
(15) In the exercise of continuing jurisdiction of Planned Developments, the Administrator may, from time to time, approve only minor modifications of the approved secondary plan of the Planned Development in a manner consistent with the approved primary plan of the Planned Development. Such modifications shall not include any increase in density, any lessening of aesthetic treatments, any alteration of frontage or general structure location, any change in type of use, any change in access points, any item contrary to the Subdivision Control Ordinance procedure, or any item which changes the recorded secondary plan or covenants.
(E) The Plan Commission and/or County Commissioners may require, based upon the approved primary plan, the recording of covenants for any reasonable purpose, including, but not limited to, imposing standards for development of property in a Planned Development.
(1) Covenants, when, and if, required by the Plan Commission or Board of County Commissioners shall be set forth in detail and shall provide for a provision for the release of such restriction by execution of a document so stating and suitable for recording, signed by the Commission President and Secretary upon authorization by the Plan Commission and all of the owners of property in the Planned Development for whose benefit the covenant was created. Such covenants shall provide that their benefits run to the Plan Commission, and shall be specifically enforceable by the Plan Commission.
(2) The Plan Commission or Board of County Commissioners may require the recording of covenants for any reasonable public or semi-public purpose, including, but not limited to: the allocation of land by the petitioner for public roads, parks, schools, recreational facilities; and other public and semi-public purposes. Such covenants shall provide that if a governmental unit, or agency thereof, does not proceed with acquisition within a specified period of time, the covenants shall automatically terminate. If such termination occurs, the developers shall then submit, for approval by the Plan Commission, a modified secondary plan for such land, otherwise consistent with the approved primary plan of the Planned Development.
(F) The Plan Commission and Board of County Commissioners, in their approval of Planned Developments, shall be assured all public and common facilities will be adequately constructed and maintained.
(1) For Planned Developments, including any portion of the development not subject to the Subdivision Control Ordinance, the developer shall be required to provide financial guarantees for the satisfactory installation of all public facilities according to the provisions of the Subdivision Control Ordinance.
(2) For all Planned Developments with facilities to be privately, or commonly, maintained, adequate provision shall be made for a private organization with direct responsibility to, and control by, the property owners involved to provide for the operation and maintenance of all common facilities, including private streets jointly shared by such property owners, if such facilities are a part of the Planned Development, and, in such instance, legal assurances shall be provided which show that the private organization is self-perpetuating.
(a) Common facilities which are not dedicated to the public shall be maintained to standards assuring continuous and adequate maintenance. Common facilities not dedicated to the public shall be operated and maintained at no expense to any governmental unit.
(b) All private streets shall be maintained by the above mentioned private organization in such a manner that adequate access is provided at all times to vehicular traffic, so that fire, police, health, sanitation, and public utility vehicles can serve the properties contiguous or adjacent thereto, and so that said vehicles will have adequate turning area. All streets and roadways not dedicated to the public shall be operated and maintained at no expense to any governmental unit.
(G) In the approval of a Planned Development with a decrease of lot sizes, setbacks, or other standards, common, or public, open space shall be required. Land which is required by this chapter to remain as open space may be used for the recreation, agriculture, resource protection, or other purposes specified in this section. Open space land shall be freely accessible to all residents of a Planned Development, with the exception of land to be used for agriculture. Open space land shall not be occupied by nonrecreational structures or roads, nor shall it include the yards or lots of single or multi- family dwelling units required to meet the minimum standards of parking areas.
(1) Land designated as open space shall be maintained as open space and may not be separately sold, subdivided, or developed, except as provided below.
(2) The types of open space which may be provided to satisfy the requirements of this chapter, together with the maintenance required for each type, are as follows:
(a) Natural areas are areas of undisturbed vegetation or areas replanted with vegetation after construction. Woodlands and wetlands are specific types of natural areas. Maintenance is limited to removal of litter, dead tree and plant materials, and brush. Natural watercourses are to be maintained as free-flowing and devoid of debris. Stream channels shall be maintained so as not to alter floodplain levels;
(b) Agricultural uses has no specific maintenance required;
(c) Garden plots for cultivation as gardens by residents has no specific maintenance required;
(d) Recreational areas are areas designated for specific, active recreational uses, such as totlots, tennis courts, swimming pools, ballfields, and similar uses. Recreational areas shall be accessible to all residents of the development. Maintenance is limited to ensuring that there exist no hazards, nuisances, or unhealthy conditions;
(e) GREENWAYS are linear green belts linking residential areas with other open space areas. These greenways may contain bicycle paths, footpaths, and bridle paths. Connecting greenways between residences and recreational areas are encouraged. Maintenance is limited to a minimum removal and avoidance of hazards, nuisances, or unhealthy conditions; and
(f) Lawns have no specific maintenance required, except that they be mowed to ensure neatness.
(3) All designated open space shall be large enough to be usable open space. The minimum dimension for usable open space shall be ten feet, and the minimum area shall be 100 square feet.
(4) Open space areas shall be maintained so that their use and enjoyment as open space are not diminished or destroyed. Open space areas may be owned, preserved, and maintained as required by this section by any of the following mechanisms, or combinations thereof:
(a) Dedication of open space to the County Park Board or an appropriate public agency, if there is a public agency willing to accept the dedication;
(b) Common ownership of the open space by a homeowner’s association which assumes full responsibility for its maintenance; and/or
(c) Deed-restricted private ownership which shall prevent development and/or subsequent subdivision of the open space land and provide the maintenance responsibility.
(5) In the event that any private owner fails to maintain the open space according to the standards of this section, the county may, in accordance with the Open Space Plan and following reasonable notice and demand that deficiency of maintenance be corrected, enter the open space to maintain same. The cost of the maintenance shall be charged to those persons having the primary responsibility for maintenance of the open space.
(Prior Code, § 153.053) (Ord. 93-02, passed 2-1-1993)
The Logansport/Cass County Airport Overlay District shall consist of the inner sections of airport approach areas and aircraft circling areas, as defined below and identified by the Airport Master Plan prepared by the Board of Aviation Commissioners of the City of Logansport. All uses and structures shall also comply with the State Tall Structure Safety Act (I.C. 8-21-10
, as amended) and all other applicable state and federal regulations. All structures and uses in underlying districts within the airport approach area and airport circling area shall comply with the following.
(A) Inner section of airport approach areas. The airport approach area comprises those areas below the flight path of aircraft approaching or taking off from the runways of the airport.
(1) For any designated instrument runway the inner section of the approach area is as follows: The area, trapezoidal in shape, begins at a line drawn perpendicular to the end of the runway. Its width at this end is 1,000 feet, bisected by the extended centerline of the runway. It extends away from the runway for a distance of 10,000 feet, bisected by the extended centerline of the runway. Its width increases symmetrically to a width of 4,000 feet at the outer edge.
(2) For any designated non-instrument runway, the inner section of the approach area is as follows: The area begins at a line drawn perpendicular to the end of the runway. Its width at this end is 500 feet, bisected by the extended centerline to the runway. It extends away from the runway for a distance of 5,000 feet, measured horizontally along the extended runway centerline. Its width increases symmetrically to a width of 1,250 feet at the outer edge.
(3) No STRUCTURE (any object constructed or installed by man, including, but not limited to: buildings; towers; smokestacks; earth formation; and overhead transmission lines) or any object of natural growth (trees and the like) shall be erected, allowed to grow, or allowed to exist in the inner section of an airport approach area.
(B) Aircraft circling area. The aircraft circling area is the area of any airport which lies generally below the flight path of aircraft circling such airport.
(1) Inasmuch as the use of properties close to an airport may incorporate operations or equipment that would interfere with the safe visual or instrument landing and taking off of aircraft, this chapter prohibits the use of lights which may cause glare, the emission or creation of smoke and particulate matter, and the construction of any structure which interferes with communication associated with air navigation.
(2) The height of all buildings and structures hereafter designed or erected and existing buildings which may be reconstructed, altered, moved, or enlarged shall not exceed the horizontal and conical surfaces of the airport such as defined below:
(a) Horizontal surface. An oval-shaped surface 150 feet above the airport. The surface is determined by scribing an arc with a radius equal to twice the length of the longest runway and measured from the centerline at the end of each runway and interconnecting these arcs with tangents;
(b) Conical surface. An oval donut-shaped surface commencing at the periphery of the horizontal surface and sloping upward and outward 20 feet horizontally for each foot vertically, and for a horizontal distance of 7,000 feet, and extending to a height of 500 feet above the airport elevation; and
(c) Approach areas. The horizontal and conical surface do not include the approach areas.
(C) Logansport/Cass County Airport Authority Board Review.
(1) An applicant seeking rezoning, use variance, or a special use permit involving any use, building, or structure regulated by the underlying zone or the Airport Overlay Zone shall be reviewed in accordance with the applicable procedure in this section. During this review process, the Logansport/Cass County Airport Authority Board shall be notified of the proposal and any public hearing and be given an opportunity to comment and be notified of the decision.
(2) Except as specifically provided in this section, no material change shall be made in the use of land, no structure shall be erected or otherwise established, no tree shall be planted, and no variances to extend the height of a structure granted in any zone created by this section, unless a review thereof has been applied for and granted by the Logansport/Cass County Airport Authority Board. Each application requiring the airport authority review shall indicate the purpose for which review is desired, with sufficient particularity to provide for a determination whether the resulting use, structure, or tree would conform to the purpose of this section. If such determination is in the affirmative, the Zoning Administrator may proceed with the improvement location permit process. An improvement location permit may not be issued prior to review by the Airport Authority.
(3) In the area lying within the limits of the horizontal surface and conical surface, Airport Authority Board review is not required for any tree. In areas lying within the limits of the approach zones but at a horizontal distance of not less than 4,200 feet from each end of the runway, Airport Authority Board review is not required for any tree.
(4) Airport Authority Board review is not required for internal alterations or for residential uses meeting the conditions for the airport overlay district.
(5) Nothing herein shall require any change in any lawfully constructed building, structure, or use in existence at the time of adoption or amendment of this section for its current lawful use.
(Prior Code, § 153.054) (Ord. 93-02, passed 2-1-1993; Ord. 2008-09, passed 10-20-2008; Ord. 2009-05, passed 7-6-2009)
The following amendments are made to the Zoning Ordinance with regards to the County Gateway (CG) Overlay District.
(A) Purpose and intent. The County Gateway (CG) Overlay District is intended to promote the health, safety, comfort, convenience, and general welfare of the public by guiding the orderly growth and development of areas adjacent to, and adjoining, the four-lane Hoosier Heartland Industrial Corridor, limited access federal highway. It is further intended that the Overlay District foster a successful public/private relationship between the county and prospective developers, while promoting development opportunities, which encourage compatibility of land uses, provide safe and sufficient transportation systems and infrastructure, and protect the built and natural environment through fair, objective standards and regulations for all development proposals. All standards within this overlay pertain to commercial and industrial uses only.
(B) Authority. The Commission has authority over all Development Plan Reviews (DPR). Delegation of authority in accordance with I.C. 36-7-4-1402(c)
states that the Commission may authorize the Plan Review Committee or the staff to act on the behalf of the entire Commission to conduct DPR for the following situations.
(C) Permitted uses. All areas within the CG Overlay District should be rezoned to CG. Uses allowed within this district are shown in § 155.027. Applicants for uses allowed by special exception must submit a DP use approval to the Redevelopment Commission (RDC) during a public meeting.
(1) Approval. The Redevelopment Commission may approve, approve with conditions, or deny the DP use approval. Any use approval that is approved, or approved with conditions, by the Redevelopment Commission is exempt from special exception and shall be submitted directly to the Plan Review Committee for DPR.
(2) Restrictions. However, any DP use approval that is not approved by the Redevelopment Commission must first be submitted to the Board of Zoning Appeals for Special Exception approval to allow such a use, prior to being submitted to the Plan Commission for DPR. If there are major changes to the DP after being approved, the DP must go back to RDC for approval before a new DPR. Staff will determine whether or not there has been a major change to the DP.
(3) Post-approval. Following the approval by the Redevelopment Commission, the county shall be considered as the co-applicant for DPR. If the county becomes a co-applicant, the use shall he considered allowed by right instead of going through the special exception process. In such instance the Redevelopment Commission authorizes the Plan Review Committee or staff to approve, approve with conditions, or disapprove the DP for all other standards, and/or provide zoning waivers.
(D) Standards. All development within CG Overlay District must meet the following standards.
(1) Lots. Minimum lot area is 130,680 square feet or three acres.
(a) No land which is within public rights-of-way, or public lands, or public or private street or access easements, shall be used for computing the minimum lot area.
(b) No land which is within a watercourse, drainage way, channel, stream, or designated wetlands floodway as specified by the Zoning Ordinance, shall be used for computing the minimum lot area.
(c) No land which is under water, other than a temporary detention storage area or ornamental pond, shall be used for computing the minimum lot area.
(d) Lots which do not meet the minimum lot area which are within approved subdivisions and lots of record prior to the establishment of the Gateway Overlay District may obtain improvement location permits provided all other standards of the ordinance can be met, including DPR, if applicable.
(2) Area and coverage. Gross floor area shall have a minimum of 2,500 square feet, excluding basement or any accessory buildings.
(a) Maximum height of a building shall not exceed 199 feet.
(E) Sight design. Site design of the development shall meet the following standards.
(1) Off-street parking.
(a) An off-street parking plan shall be submitted with the DPR application. This plan shall be drawn to scale, including dimensions and distances. The off-street parking plan shall adhere to all the standards and regulations of this chapter. There shall be no off-street parking within the required planting strip or buffer yard.
(b) Off-street parking areas for two or more different uses may be provided collectively, if the total number of spaces provided is not less than the total of the minimum required spaces for each individual use.
(c) Combined parking shall be designed and constructed so as to create a desirable, efficient, and well planned off-street parking area with functional and aesthetic values, attractiveness, and compatibility with adjacent land uses.
(2) Driveway access.
(a) Driveways must be located, constructed, and marked in such a way to provide safe ingress and egress. Driveway standards shall be as designated in this chapter, except for the following:
(b) Driveways shall not be located closer than 25 feet from an interior property line or another driveway on the same property, unless a common driveway is provided between adjacent properties in order to provide safe ingress and egress for both properties.
(3) Landscaping and buffer yard. A landscaping and buffer yard plan shall be submitted with the DPR application. This plan shall be drawn to scale, including dimensions and distances. The landscaping plan shall adhere to all the standards and regulations of this chapter.
(a) A minimum of 10% of the total area of the property must be green space. All landscaping material selected shall be appropriate to local growing and climate conditions.
(b) A planting strip, minimum width shall be ten feet, shall be provided adjacent to any collector, arterial, parking lot, and entry drive. Side and rear yard setbacks adjacent or adjoining a residential use, shall meet buffering requirements. No other side and rear buffer yards are required unless specified otherwise in this chapter.
(c) All landscaping and buffer yards must follow the regulations of this chapter, unless specified otherwise. Buffer yards located adjacent to State Road 25 must be double the number of plantings required.
(4) Lighting. Site lighting plan shall be submitted with the DP. It must prove that no light is spilling onto residential properties.
(5) Signage.
(a) A signage plan shall be submitted with the DPR application. This plan shall be drawn to scale, including dimensions and distances. The signage plan shall adhere to all the standards and regulations of this chapter, unless otherwise specified. Additionally, there shall be no banners, sandwich boards, flags, pennants, or other temporary signs unless specifically designated in the DP approval.
(b) Any sign that is erected by the Redevelopment Commission for the purpose of way finding, logo, and information for the Agribusiness Park will be considered a permitted sign and won’t require a permit or need to meet any other standards of this chapter.
(6) Other requirements.
(a) All outdoor sales shall be in, and only in, an approved designated area. No outdoor sales shall conflict with the DP as approved, including parking areas. No sales shall be conducted in any trailer, container, or temporary shelter, unless it is a part of the approved DP.
(b) All outdoor storage shall be in and only in an approved designated area. No outdoor storage shall conflict with the DP as approved, including parking areas. No storage shall be conducted in any trailer, container, or temporary shelter unless it is a part of the approved DP. Storage must be located to the rear of the primary structure and stored or screened in a way to not be visible from State Road 25, unless impractical or storage of natural materials.
(c) Architectural design from the principal office structure shall reflect vertical and horizontal proportions and shall provide a defined base and top on all sides of the building seen from State Road 25.
(Ord. 2015-08, passed 7-20-2015; Ord. 2020-02, passed 2-3-2020)
The following amendments are made to the Zoning Ordinance with regards to the Grissom Air Reserve Overlay District.
(A) Purpose. The purpose of this provision is to regulate the height of man-made structures and objects of natural growth; and otherwise regulate the land use and development of property around the Grissom Air Reserve Base by providing boundaries with standards within this overlay. In addition to these standards, all uses and structures shall comply with Federal Aviation Regulation (FAR), 14 C.F.R. part 77 and all other applicable state and federal regulations.
(B) Authority.
(1) Staff is given the authority to approve or deny improvement location permits based on items, such as height, density, dust, glare, bird hazards, or radio/electrometric interference that effect the operations of the Grissom Air Force Reserve.
(2) Staff will inform the Encroachment Committee of all developments or plantings that will be occurring within this overlay. The Committee will have two days to inform staff if there will be an effect on base operations, if there is they will have one week to provide those effects in writing. All Board of Zoning Appeals cases within this overlay will go through the same process.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACUZ. The Air Installation Compatible Use Zone; assists local authorities in protecting public health, safety, and welfare by identifying types of development that would be compatible with the air installation as well as maintain the installation’s operational capability and mission through compatible land use planning. (See the 2014 Installation Compatible Use Zone Study for Grissom Air Reserve Base.)
APZ I. The Accident Potential Zone I; starts at the end of the Clear Zone and extends 5,000 feet beyond the clear zone and follows the same width as the Clear Zone. Approximately 8% of accidents occur within this area.
APZ II. The Accident Potential Zone II; starts at the end of APZ I and extends out 7,000 feet while continuing the width of APZ I. For the purpose of this overlay only, the area that runs from the eastern county line along 700S to 1000E to 800 S to 900E to 950S, then follows the most southwest end of APZI to 1000E to 1100S, then along the eastern county line; this doesn’t include any other the other districts.
CLEAR ZONE. Starts along the runway centerline within 3,000 feet of the end of the runway and 1500 feet from each side of the runway. This is where roughly 33% of accidents occur. For the purpose of this overlay only, the area 2500 feet on either side of the entire runway in the county will also be considered the CLEAR ZONE.
CONICAL SURFACE. A surface extending outward and upward from the periphery of the inner horizontal surface at a slope ratio of 20 to one (20H:1V) to a height of 500 feet above the established airport elevation.
DNL NOISE. Day to night average sound level is an energy-averaged sound level calculated over a 24-hour period with a ten-decibel penalty assigned to noise events occurring between 10:00 p.m. and 7:00 p.m.
ENCROACHMENT COMMITTEE. This committee will be created by the Grissom Air Force Reserve Base. This committee will provide information on how possible development and plantings may affect the Base. Members will include Grissom Air Force Reserve Base members with their consultants as well as regional officials and departments.
INNER CONICAL SURFACE. Provided for additional land use and height protection this district provides standards from the eastern county line along 500S to 950E to 600S to 900E to SR218 to 200E to 200S to 700E to 1225S to 1000E to 1250S, and back along the eastern county line; this does not include any of the other districts.
OUTER CONICAL SURFACE. Provided in this overlay for additional land use and height protections this district provides standards within the area that runs from inner conical surface at the intersection of 750E and 800S along 800S to 500E to 1400S along the eastern county line; this doesn’t include any of the other districts.
(D) Districts.
(1) Clear zone.
(a) Permitted uses: Cropland, not to include orchards.
(b) Height limitations (human-made and natural): No structures shall be constructed and no vegetation other than agricultural crops may be planted, unless they have been approved by the Board of Zoning Appeals as a special exception.
(2) APZI.
(a) Permitted uses: Cropland, not to include orchards; pasture and grazing livestock, not including confined feed; and agricultural buildings.
(b) Height limitations (human-made and natural): Structures shall not exceed 35 feet in height to the peak of the structure. Vegetation maybe planted if full growth will not exceed 50 feet in height.
(3) APZII.
(a) Permitted uses: Cropland and orchards; pasture and grazing livestock, not including confined feed; agricultural buildings; and all residential uses allowed within the Agricultural Zoning (AG) District.
(b) Height limitations (human-made and natural): Structures shall not exceed 50 feet in height. Vegetation may be planted if the growth will not exceed 100 feet in height.
(4) Inner conical surface.
(a) Permitted uses: All uses allowed in the Agricultural Zoning (AG) District are permitted. Any such use that would create dust, glare, bird hazards, or that would create radio or electrometric interference is prohibited within this district.
(b) Height limitations: Structures shall not exceed 150 feet in height.
(5) Outer conical surface.
(a) Permitted uses: All uses of the underlining zoning district are allowed. Any such uses that would create dust, glare, bird hazards, or that would create radio or electrometric interference are prohibited within this district.
(b) Height limitations: structures may not exceed 500 feet in height.
(Ord. 2016-03, passed 5-16-2016)
OVERLAY DISTRICT REGULATIONS; FLOODPLAINS
The state legislature has in I.C. 36-7-4
granted the power to local government units to control land use within its jurisdictions. Therefore, the Board of County Commissioners does hereby adopt the following floodplain management regulations into the Zoning Ordinance.
(Prior Code, § 153.051) (Ord. 2014-5, passed 6-7-2014)
(A) Findings of fact.
(1) The flood hazard areas of the county are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
(2) These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, inadequately flood-proofed, or otherwise unprotected from flood damages.
(B) Statement of purpose. It is the purpose of this subchapter to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1) Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, which result in damaging increases in erosion or in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters;
(4) Control filling, grading, dredging, and other development which may increase erosion or flood damage;
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and
(6) Make federally subsidized flood insurance available for structures and their contents in the county by fulfilling the requirements of the National Rood Insurance Program.
(C) Objective. The objectives of this subchapter are:
(1) To protect human life and health;
(2) To minimize expenditure of public money for costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone, and sewer lines, streets, and bridges located in floodplains; and
(6) To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas.
(Prior Code, § 153.051) (Ord. 2014-5, passed 6-7-2014)
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