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(A) General standards. In all SFHAs and known flood-prone areas, the following provisions are required.
(1) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of: over-the-top; or frame ties to ground anchors. This standard shall be in addition to, and consistent with, applicable state requirements for resisting wind forces.
(2) New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(3) New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage below the FPG.
(4) New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.
(5) Electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters, and other service facilities shall be located at/above the FPG or designed so as to prevent water from entering or accumulating within the components below the FPG. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the FPG.
(6) New and replacement water supply systems shall be designed to minimize or emanate infiltration of floodwaters into the system.
(7) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(8) On-site waste disposal systems shall be located and constructed to avoid impairment to them, or contamination from them, during flooding.
(9) Any alteration, repair, reconstruction, or improvements to a structure that is in compliance with the provisions of this ordinance shall meet the requirements of “new construction” as contained in this subchapter.
(10) Parking lots, driveways, and sidewalks within the SFHA shall be constructed with permeable materials.
(11) Whenever any portion of the SFHA is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the BFE shall be compensated for and balanced by an equivalent volume of excavation taken below the BFE. The excavation volume shall be at least equal to the volume of storage lost (replacement ratio of one to one) due to the fill or structure.
(a) The excavation shall take place in the floodplain and in the same property in which the authorized fill or structure is located.
(b) Under certain circumstances, the excavation may be allowed to take place outside of, but adjacent to, the floodplain provided that the excavated volume will be below the regulatory flood elevation, will be in the same property in which the authorized fill or structure is located, will be accessible to the regulatory floodwater, will not be subject to ponding when not inundated by floodwater, and that it shall not be refilled.
(c) The excavation shall provide for true storage of floodwater but shall not be subject to ponding when not inundated by floodwater.
(d) The fill or structure shall not obstruct a drainage way leading to the floodplain.
(e) The grading around the excavation shall be such that the excavated area is accessible to the regulatory floodwater.
(f) The fill or structure shall be of a material deemed stable enough to remain firm and in place during periods of flooding and shall include provisions to protect adjacent property owners against any increased runoff or drainage resulting from its placement.
(g) Plans depicting the areas to be excavated and filled shall be submitted prior to the actual start of construction or any site work; once site work is complete, but before the actual start of construction, the applicant shall provide to the Floodplain Administrator a certified survey of the excavation and fill sites demonstrating the fill and excavation comply with this subchapter.
(B) Specific standards. In all SFHAs, the following provisions are required.
(1) In addition to the requirements of this chapter, all structures to be located in the SFHA shall be protected from flood damage below the FPG. This building protection requirement applies to the following situations:
(a) Construction or placement of any structure having a floor area greater than 400 square feet;
(b) Addition or improvement made to any existing structure where the cost of the addition or improvement equals or exceeds 50% of the value of the existing structure (excluding the value of the land);
(c) Reconstruction or repairs made to a damaged structure where the costs of restoring the structure to it’s before damaged condition equals or exceeds 50% of the market value of the structure (excluding the value of the land) before damage occurred;
(d) Installing a travel trailer or recreational vehicle on a site for more than 180 days;
(e) Installing a manufactured home on a new site or a new manufactured home on an existing site. This subchapter does not apply to returning the existing manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage;
(f) Reconstruction or repairs made to a repetitive loss structure; and
(g) Addition or improvement made to any existing structure with a previous addition or improvement constructed since the community’s first Floodplain Ordinance.
(2) New construction or substantial improvement of any residential structure (or manufactured home) shall have the lowest floor; including basement, at or above the FPG (two feet above the base flood elevation). Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the set standards.
(3) New construction or substantial improvement of any commercial, industrial, or non-residential structure (or manufactured home) shall either have the lowest floor, including basement, elevated to or above the FPG (two feet above the base flood elevation) or be floodproofed to or above the FPG. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with the set standards. Structures located in all “A Zones” may be floodproofed in lieu of being elevated if done in accordance with the following:
(a) A Registered Professional Engineer or Architect shall certify that the structure has been designed so that below the FPG, the structure and attendant utility facilities are watertight and capable of resisting the effects of the regulatory flood. The structure design shall take into account flood velocities, duration, rate of rise, hydrostatic pressures, and impacts from debris or ice. Such certification shall be provided to the official as set forth; and
(b) Floodproofing measures shall be operable without human intervention and without an outside source of electricity.
(4) New construction or substantial improvements of elevated structures shall have the lowest floor at or above the FPG. Elevated structures with fully enclosed areas formed by foundation and other exterior walls below the flood protection grade shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. Designs must meet the following minimum criteria:
(a) Provide a minimum of two openings located in a minimum of two exterior walls (having a total net area of not less than one square inch for every one square foot of enclosed area);
(b) The bottom of all openings shall be no more than one foot above the exterior grade or the interior grade immediately beneath each opening, whichever is higher;
(c) Openings may be equipped with screens, louvers, valves, or other coverings or devices; provided they permit the automatic flow of floodwaters in both directions;
(d) Access to the enclosed area shall be the minimum necessary to allow for parking for vehicles (garage door), or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator);
(e) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms;
(f) The interior grade of such enclosed area shall be at an elevation at or higher than the exterior grade;
(g) Openings are to be not less than three inches in any direction in the plane of the wall. This requirement applies to the hole in the wall, excluding any device that may be inserted such as typical foundation air vent device;
(h) Property owners shall be required to execute a flood openings/venting affidavit acknowledging that all openings will be maintained as flood vents, and that the elimination or alteration of the openings in any way will violate the set requirements. Periodic inspections will be conducted by the Floodplain Administrator to ensure compliance. The affidavit shall be recorded in the office of the County Recorder; and
(i) Property owners shall be required to execute and record with the structure’s deed a non-conversion agreement declaring that the area below the lowest floor (where the interior height of the enclosure exceeds six feet) or the detached accessory building shall not be improved, finished or otherwise converted; the community will have the right to inspect the enclosed area. The non-conversion agreement shall be recorded in the office of the County Recorder.
(5) A residential or nonresidential structure may be constructed on a permanent land fill in accordance with the following:
(a) The fill shall be placed in layers no greater than one foot deep before compacting to 95% of the maximum density obtainable with either the Standard or Modified Proctor Test method, which shall be retained in permit file;
(b) The fill shall extend five feet beyond the foundation of the structure before sloping below the BFE;
(c) The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than three horizontal to one vertical;
(d) The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties;
(e) The top of the lowest floor including basements shall be at or above the FPG; and
(f) Fill shall be composed of clean granular or earthen material.
(6) (a) Manufactured homes and recreational vehicles to be installed, or substantially improved, on a site for more than 180 days must meet one of the following requirements.
(b) These requirements apply to all manufactured homes to be placed on a site outside a manufactured home park or subdivision; in a new manufactured home park or subdivision; in an expansion to an existing manufactured home park or subdivision; or in an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as a result of a flood.
(C) Standards for identified fringe.
(1) If the site is located in an identified fringe, then the Floodplain Administrator may issue the local Floodplain Development Permit provided the provisions contained in this subchapter have been met.
(2) The key provision is that the top of the lowest floor of any new or substantially improved structure shall be at or above the FPG.
(D) Standards for SFHAs without established base flood elevation and/or hoodways/fringes.
(1) Drainage area upstream of the site is greater than one square mile.
(a) If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined, and the drainage area upstream of the site is greater than one square mile, the Floodplain Administrator shall require the applicant to forward the application, along with all pertinent plans and specifications, to the State Department of Natural Resources for review and comment.
(b) No action shall be taken by the Floodplain Administrator until either a permit for construction in a floodway permit (including letters of authorization) or a floodplain analysis/regulatory assessment citing the 1% annual chance flood elevation and the recommended flood protection grade has been received from the State Department of Natural Resources.
(c) Once the Floodplain Administrator has received the proper permit for construction in a floodway permit (including letters of authorization) or floodplain analysis/regulatory assessment approving the proposed development, a Floodplain Development Permit may be issued; provided the conditions of the Floodplain Development Permit are not less restrictive than the conditions received from the State Department of Natural Resources, and the provisions of this subchapter have been met.
(2) Drainage area upstream of the site is less than one square mile.
(a) If the site is in an identified floodplain where the limits of the floodway and fringe have not yet been determined and the drainage area upstream of the site is less than one square mile, the Floodplain Administrator shall require the applicant to provide an engineering analysis showing the limits of the floodplain and 1% annual chance flood elevation for the site.
(b) Upon receipt, the Floodplain Administrator may issue the local Floodplain Development Permit; provided the provisions contained in this subchapter have been met.
(3) (a) The total cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the regulatory flood more than 0.14 of one foot, and will not increase flood damages or potential flood damages.
(b) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical, and water systems, and streets and bridges.
(E) Conditions for variances.
(1) Variances shall only be issued when there is:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship; and
(c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing laws or ordinances.
(2) No variance for a residential use within a floodway, subject to the provisions of this subchapter, may be granted.
(3) Any variance granted in a floodway subject to the provisions of this subchapter will require a permit from the State Department of Natural Resources.
(4) Variances to the provisions for flood hazard reduction may be granted only when a new structure is to be located on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection grade.
(5) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(6) Variances may be granted for the reconstruction or restoration of any structure individually listed on the National Register of Historic Places or the State Register of Historic Sites and Structures.
(7) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the flood protection grade and the elevation to which the lowest floor is to be built and stating that the cost of the flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(8) The Floodplain Administrator shall maintain the records of appeal actions and report any variances to the Federal Emergency Management Agency or the State Department of Natural Resources upon request.
(F) Variance notification.
(1) Any applicant to whom a variance is granted that allows the lowest floor of a structure to be built below the flood protection grade shall be given written notice over the signature of a community official that:
(a) The issuance of a variance to construct a structure below the flood protection grade will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and
(b) Such construction below the flood protection grade increases risks to life and property. A copy of the notice shall be recorded by the applicant in the office of the County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
(2) The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance.
(G) Historic structure. Variances may be issued for the repair or rehabilitation of “historic structures” upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an “historic structure” and the variance is the minimum to preserve the historic character and design of the structure.
(H) Special conditions. Upon the consideration of the factors and the purposes of this subchapter, the Board of Zoning Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this subchapter.
(Prior Code, § 153.051) (Ord. 2014-5, passed 6-7-2014)
DEVELOPMENT STANDARDS
The following specified uses must meet the following development standards as listed in this subchapter in addition to the requirements of all other subchapters of this chapter. In a district which the specified use is permitted, the Zoning Administrator shall ascertain that the specifications of the subchapter are met. In a district in which the specified use is allowed by special exception, the Board shall ascertain that the specifications of this subchapter are met prior to approval of the special exception.
(Prior Code, § 153.070) (Ord. 93-02, passed 2-1-1993)
All confined feeding operations (as defined by I.C. 13-11-2-40
) must meet the following standards.
(A) All structures shall be set back at least 50 feet from any right-of-way line and/or boundary line.
(B) The outer perimeter of the confined feeding operation including open pits, lagoons, or manure slurry holding tanks, pens, or lots shall not be located any closer than:
(1) One-half mile to the nearest boundary of any incorporated city or town; or
(2) One thousand three hundred twenty feet from any residential district, residence, other than the farm operator, any church, commercial use (other than agriculturally-related), school, recreational area (public or private), or any public building.
(C) An existing confined feeding operation may be expanded, extended, or enlarged at the same immediate location provided the following: The expansion, extension, or enlargement does not encroach into any required setback to a greater extent than that which exists prior to the expansion, extension, or enlargement.
(D) Any new residence, other than the farm operator, or any new church, commercial use (other than agriculturally-related), school, recreational area (public or private), or public building shall not be located closer than 1,320 feet from any existing confined feeding operation.
(E) All confined feeding operations shall meet all applicable regulations of the State Department of Environmental Management.
(F) The spreading of accumulated waste through land application shall be located so as to provide for the minimum separation distance provided below. If the required distances cannot be met, then the owner shall incorporate within 48 hours, or inject the waste into the soil to minimize the odors:
(1) Five hundred feet from a residential district line, or from an existing residence other than that of the farm operator; or
(2) One thousand feet from a built-up area of five or more contiguous residences.
(Prior Code, § 153.071) (Ord. 93-02, passed 2-1-1993)
An improvement location permit for a temporary use may be issued by the Zoning Administrator, subject to the standards in Table H below and after receipt of Board of Health approval, if applicable. Access and parking for all temporary uses shall be provided to the Zoning Administrator’s satisfaction. All temporary use sites shall be adequately cleaned up at the conclusion of the event. Signs for temporary uses shall comply with § 155.093. Any temporary use exceeding the standards of Table H shall be considered a special exception in the district in which it is located. Events which are reasonably expected to exceed an attendance level of 5,000 over an 18-hour period are required a mass gathering permit by the State Department of Health.
(A) Amusement and charitable activities, sponsored by public agencies, churches, civic and charity groups, schools, and other non-profit organizations on a temporary basis are permitted in any zoning district; provided it is on the site of the sponsor, or on public property with the approval of the appropriate governmental body. No permit is necessary if an amusement or charitable activity does not meet the standards; it shall be considered under the appropriate use as listed in Table H.
(B) (1) The sale or offering for sale of goods or services from any vehicle, including trailers, buses, or vans, shall be deemed to be a commercial use and shall be subject to all the regulations prescribed for the zoning district in which the same is conducted, but this regulation shall not be deemed to prohibit any vending from vehicles on a public street that is not otherwise prohibited by law.
Use | District | Maximum Length of Time | Permit | Conditions |
Use | District | Maximum Length of Time | Permit | Conditions |
Auction/Pre-Priced Sale | Any District | 3 days per year | Not Required | Parking to be controlled |
Basement Home | AG, RR, R-1 | Not to exceed 2 years from permit issuance | Required | Does not include permanently complete earth sheltered home |
Carnival, Circus, Fair, Festival, or Concert | By Special Exception Approval in B-4, AB, AG, I-1, I-2 | 15 days per year per site | Required | Lights, noise, and traffic plans to be approved |
Christmas Tree Sales | B-1, B-4, AB, AG, I-1, I-2 | 45 days per year | Required | Unsold merchandise to be removed by January 1 |
Contractor Office and Equipment Storage | Any District if incidental to construction or development | Must be removed upon completion of construction or development | Not required | Includes mobile homes, but no cooking or sleeping facilities |
Farm Fair | AG, I-1, I-2 | 30 days per year per site | Not Required | None |
Farm Tours, Hayrides (Commercial), Pick-Your- Own-Produce | B-1, B-4, AG, I-1, I-2 | 4 months per year | Not Required | None |
Farmers’ Market | B-1, B-4, AB, AG | 90 days per year per site | Required | Agricultural products only |
Fireworks Sales | B-1, B-4, AB | 45 days per year | Required | All applicable state and federal laws must be met; unsold merchandise to be removed by July 10 |
Outdoor Promotional Attraction, Tent Sale, Auto Show, Farm Equipment Show | B-1, B-4, AG, I-1, I-2 | 30 days per site per year | Required | Lights, noise, and traffic plans to be approved |
Religious Tent Meeting | B-1, B-4, AB, AG, I-1, I-2 | 30 days per 6 months | Required | Off-street parking as required for churches |
Sale of Personal Property at Place of Residence | Any District | 3 months per year per item per site | Not Required | Items allowed such as automobiles, motor cycles, recreational vehicles, etc. May not be disabled vehicle (as defined). Must be titled to resident. Limit 2 items at a time |
Sawmills on Property Where Timber is Cut | AB, AG, I-1, I-2 | 6 months per year | Required | Must meet § 155.036 if within 100 feet of off-property residence |
Temporary Group Camp | B-1, B-4, AB, AG, I-1, I-2 | 1 week per 6 months | Required | Lights and noise to be controlled |
Yard, Garage, or Porch Sales | Any District | 2 days twice per year per household | Not Required | Only normal household site merchandise. Multiple participants allowed |
(Prior Code, § 153.072) (Ord. 93-02, passed 2-1-1993; Ord. 95-14, passed 11-20-1995)
Accessory uses and accessory structures, as defined, shall meet the following requirements.
(A) An accessory structure shall not be erected, or an accessory use located, prior to the establishment or construction of the principal building, or use to which it is accessory, or to which it is intended to be accessory, except for agricultural structures and accessory structures that meet principal structure setbacks.
(B) An accessory structure or accessory use may be permitted on a parcel of land separated by a public right-of-way or easement from the parcel containing the principal structure, but any accessory structure must meet principal structure yard requirements and division (A) above.
(C) Swimming pools shall meet the following requirements:
(1) An in-ground swimming pool shall be entirely enclosed by buildings, fences, or walls, which shall be at least four feet in height. The fences or wall must be equipped with self-latching gates or doors, with latching device located not less than four feet above the ground. All fencing must be in place and approved by the Zoning Administrator before the water is put into the pool;
(2) Above-ground swimming pools, hot tubs, and saunas are not subject to side and rear setback regulations, nor any of the standards in division (C)(1) above; provided they do not violate other sections of this chapter; and
(3) In addition to the above regulations, commercial swimming pools are subject to the standards as set forth by the State Board of Health Rule, 410 I.A.C. 6-2.1.
(D) No major recreational vehicle shall be parked or stored on any lot in any Residential District, except in a carport or enclosed building, or behind the nearest portion of a structure to the street. This provision, however, does not restrict the parking of a recreational vehicle on a residential lot for a period not to exceed 48 hours during loading or unloading. No such vehicle shall be used for living or housekeeping purposes when parked or stored on a residential lot, or on any location not approved for such use.
(E) Trucks, or tractor-trailer combination vehicles, in excess of one-ton capacity shall not be parked or stored in any Rural Residential or Suburban Residential District, or a non-farm lot in the Agricultural District, except in an enclosed building. Operating refrigeration units will be permitted in the General Business, Light Industrial, and General Industrial Districts only.
(F) In all zoning districts, satellite dish antennae (satellite earth stations) of up to 12 feet in diameter are permitted as accessory structures. A satellite dish antenna may be either roof-mounted or ground-mounted, and must meet the following standards:
(1) A roof-mounted antenna shall not extend above the required height of the zoning district in which it is located, and shall not overhang within two feet of any side or rear lot line;
(2) A ground-mounted antenna may he located in a side or rear yard, or in the front yard if it is at least 100 feet back from the front property line. The closest edge of any antenna may not be less than two feet to any side or rear lot line. Ground-mounted antenna may not extend above the accessory use height requirement.
(3) If any antenna cannot receive a usable satellite signal by complying with the above standards without substantial removal of mature trees or vegetation, the Zoning Administrator may allow for an antenna to be located within the front yard, if it can be proven, in writing, by the satellite dish installer/company, that there are no other alternatives. A USABLE SATELLITE SIGNAL is defined as a signal from a satellite which, when viewed on a conventional television set, is at least equal in picture quality to that received from local commercial television stations, or by way of cable television; and
(4) All antennae shall meet manufacturers specifications, shall meet all applicable Building and Electrical Code requirements, shall be of non-combustible and corrosive-resistant material, shall be erected in a secure, wind-resistant manner, and shall be adequately grounded for protection against a direct strike of lightning.
(G) Outdoor display of merchandise, where permitted, and outdoor storage for any use, shall not extend into any street right-of-way, required parking area, or bufferyard area, and shall be maintained in a neat and orderly manner, at all times. The following outdoor storage regulations shall also be met.
(1) Any article or material stored temporarily outside an enclosed structure as an incidental part of the primary commercial operation shall be so screened by opaque ornamental fencing, walls, or evergreen planting, that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on ground-level during any season of the year. This section does not apply to any commercial or industrial use, unless the storage area is located within 100 feet of a residence or residential district line.
(2) No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above- ground, except tanks or drums of fuel connected directly with energy devices or heating appliances located and operated on the same lot as the tanks or drums of fuel, and except for permitted agricultural uses and permitted uses in the Industrial District.
(3) All outdoor storage of raw materials, waste products, and similar materials shall be enclosed by an approved safety fence, and shall be shielded from view of public streets and adjacent lots.
(4) All materials or wastes which might cause fumes or dust or which constitute a fire hazard, or which may be edible or otherwise attractive to rodents or insects, shall be stored outdoors only if enclosed in containers adequate to eliminate such hazards. This section does not apply to agriculture or agribusiness uses.
(H) Fences are permitted as accessory structures in any district and do not require any permit. However, fences, excepting partition fences as defined by I.C. 32-26-9-1
, must meet the following standards.
(1) Fences must be located entirely upon the lot which it serves, though it may be located immediately adjacent to the lot line.
(2) Fences in residential districts, or abutting residential uses, may not have a height greater than 48 inches in the front yard setback, with the exception of a fence that does not encroach into the front yard setback to a greater extent than the farthest point of the principal structure.
(3) Fencing in any district shall be constructed with typical fencing materials and styles, excluding barbed wire or electrically charged fences, unless for an agricultural use.
(a) Barbed wire may be used at the top portion of a permitted fence or wall in the AG, Agricultural, M, Light Industrial or I-2, General Industrial Districts, provided that the fencing does not abut a residential district or residential use.
(b) Barbed wire, where permitted, must be located more than seven feet above the adjacent ground level. Such permitted barbed wire shall be considered part of the fence and subject to the fence height restrictions.
(4) All fences shall meet the requirements of I.C. 32-26
.
(5) No fence in any district may exceed eight feet in height. No fence abutting a residential lot or district may exceed six feet in height. All fences constructed abutting a residential lot or district must be designed so as not to prohibit light and/or ventilation to a residence and are subject to the setback distances as determined by Table B-1 in § 155.028.
(6) All fences shall meet the standards of this section if more than 75% of the fence is being repaired.
(I) A refuse disposal container (dumpster) and/or refuse storage area or corral for a commercial or industrial use shall not be located within any required front or side yard, parking area, or bufferyard. Refuse disposal containers and areas shall be opaquely screened from public streets and adjacent properties. This screening may be achieved by walls, landscaping, or the bufferyard, or by virtue of the location on the lot.
(J) Collection stations for used merchandise or for recyclable items are permitted in the Agricultural, Convenience Business, General Business, Agribusiness, Light Industrial, and General Industrial Districts, and are not subject to side or rear setback regulations; provided they are not located in a way to create a traffic hazard and do not violate other sections of this chapter. The collection stations shall be routinely emptied and no outdoor storage of items is permitted.
(K) Newspaper, soft drink, and ice vending machines, and other similar devices, are permitted in areas zoned commercial or industrial, and are not subject to setback regulations; provided they do not violate other sections of this chapter.
(L) No mobile home shall be stored or parked, vacant or otherwise, in any zoning district, except in conformity with the provisions of the district in which it is located.
(Prior Code, § 153.073) (Ord. 93-02, passed 2-1-1993; Ord. 2009-17, passed 12-7-2009; Ord. 2014-9, passed 8-18-2014; Ord. 2015-13, passed 10-19-2015; Ord. 2015-14, passed 10-19-2015) Penalty, see § 155.999
(A) The purpose of this section is to regulate all exterior signs placed for exterior observance so as to protect property values, to protect the character of the various communities in the county, to facilitate the creation of a convenient, attractive, and harmonious community, to protect against danger in travel and transportation, to improve and protect the public health, safety, convenience, and general welfare, and to further the stated purposes and intent of this chapter.
(B) Any sign erected on a lot or building for the purpose of identification, or for advertising a use conducted therein, or thereon, shall be an accessory use to the principal use.
(C) It is further intended that all signs within a given development be coordinated with the architecture of the principal use in such a manner that the overall appearance is harmonious in color, form, and proportion, and that the signs shall be structurally sound so as to ensure the safety of the general public.
(D) No sign shall be permitted in any district except as herein provided. No sign shall be permitted which creates a safety hazard. No sign, except as specified herein, shall hereafter be erected unless a sign permit has been issued by the Zoning Administrator. Applications for sign permits shall include detailed drawings of the construction and design of the sign, and shall be accompanied by such fee as may be established by the Board of County Commissioners.
(E) (1) Signs permitted in all districts. The following signs are permitted in all districts. No sign permit is required for these signs.
(a) One residential identification sign, not to exceed two square feet in area, for each residential dwelling, may be affixed to a fence or structure, or be freestanding. In addition, house numbers not to exceed two square feet depicting the address of the property are permitted. Also, a sign for an allowable home occupation is permitted, as specified in § 155.102.
(b) Signs for the purposes of identifying the name of schools, churches, community buildings, or other public or semi-public institutional buildings, residential subdivisions, apartments, or townhouse developments, or mobile home parks, shall be permitted provided the following conditions are met:
1. The sign shall not exceed 24 square feet;
2. If freestanding or monument, the sign shall be located not less than 15 feet from the road right-of-way. Either sign shall be double-faced or angled so that the vacant side cannot be seen:
a. Freestanding signs, including any structure to which it is attached, shall not exceed six feet in height; and
b. Monument signs including their encasement shall not exceed six feet in height or ten feet in width and must be located within a landscaped area.
3. No sign mounted on a building shall project above the ridge line of a sloping roof nor above the eave line of a flat roof; and
4. The Zoning Administrator may authorize additional signs if a building fronts on more than one street.
(c) One bulletin board, not illuminated except by indirect light and not exceeding 24 square feet in surface area, is permitted with any church, school, or other similar public-semi-public structure.
(d) Permanent off-site directional signs intended for the purpose of directing traffic to such civic or public facilities as churches, schools, or public parks shall be permitted; provided such signs do not exceed one square foot in area and are not placed so as to create a traffic hazard.
(e) Signs erected by a duly constituted governing body or a public utility, such as traffic control and safety signs, handicapped parking signs, railroad signals, entrance and exit signs, signs indicating scenic or historical places, welcome signs, county facilities and public directional signs, and memorial plaques, are permitted.
(f) Show window displays, including displays of merchandise, photographs, drawings, prices, promotional statements, and the like, designed and intended to be viewed by pedestrians passing in front of the show window.
(g) An exterior building directory on a multiple tenancy structure is not to exceed one sign and not to exceed six square feet in area.
(h) Any flags bearing the official design of a nation, state, city, community, organization, corporation, or school are permitted, and up to one decorative flag per property is permitted.
(i) On-site directional signs shall be permitted for the purpose of directing traffic and parking on the same lot as the sign(s). Such signs shall not exceed five square feet, shall not be located in any public right-of-way, and such sign, including any structure to which it is attached, shall not exceed four feet in height.
(j) Signs located on-site warning the public against hunting, fishing, dumping, trespassing, dangerous animals, swimming, or the like, shall be permitted. Such signs may be freestanding or attached to a fence, and such signs shall be no more than four square feet in area.
(k) Names of buildings, dates of construction, commemorative tablets, and the like, when carved into stone, concrete, or similar material, or made of bronze, aluminum, or other permanent type of construction and made an integral part of the building or structure.
(l) Signs accessory to an agricultural use located on a parcel of not less than 20 acres for the purpose of identifying such agricultural uses or advertising the products thereof. No such sign shall exceed 30 square feet in area, and all such signs on a given farm shall not exceed 60 square feet in area. No such sign shall exceed eight feet in height or be located closer than ten feet to any street right-of-way.
(m) Signs erected by farm operators on their barns or other accessory buildings giving their name, the name of their farm, and the year of the farm establishment.
(2) Signs prohibited in all districts. The following signs are specifically prohibited in all districts.
(a) Any sign which is in need of maintenance, or which is no longer functional, or is abandoned. Signs shall be considered no longer functional and abandoned when such sign is materially obstructed from view, when its essential elements are no longer readable, when a sign has been left by a business or other use which has ceased to operate, or when a condition of deterioration or dilapidation of the sign face or structure is in evidence. All signs shall be repaired, removed, or relocated in compliance with the regulations of this chapter within a reasonable period of time after official notification by the Zoning Administrator.
(b) Any sign which is constructed, altered, located, or illuminated in any manner which causes undue glare, distraction, confusion, nuisance, noise, or hazard to traffic or to other properties. No sign may be illuminated after 11:00 p.m. if it is located within, or adjacent to, any residential district, except those businesses remaining open beyond that time, in which case illumination shall cease upon closing.
(c) No sign which has a rotating beam, beacon, flashing, or alternating illumination shall be permitted for advertising or identification purposes where no hazard or need for caution exists. This section shall not be construed as prohibiting:
1. Time or temperature devices customarily identified with banks or lending institutions; and
2. Barber poles, provided such devices meet all other applicable provisions of this chapter.
(d) Any sign that is attached to a tree or other living vegetation, utility pole, rock, curbstone, sidewalk, lamppost, hydrant, bridge, highway marker or other sign, except for public informational signs as provided for in division (E)(1)(e) above.
(e) Any sign displayed on a stationary vehicle or trailer when the vehicle or trailer is used primarily for the purpose of and serving the function of an off-site sign.
(f) Any sign so placed that it obstructs any window, door, fire escape, stairway, ladder, opening, or access intended for light, air, ingress to, or egress from any building.
(g) Signs advertising activities which are illegal under federal, state, or county laws or regulations.
(h) Any sign that violates any provision of the state statutes.
(i) Any sign that is not expressly listed in this chapter.
(3) Temporary signs. Temporary signs are permitted within all districts within the county subject to the requirements listed below. No permit is required for these signs.
(a) Temporary real estate signs are permitted on any property being sold, leased, or developed if they are not illuminated, not in any required side or rear yard, and are no larger than seven square feet in any residential or agricultural district, nor 32 square feet in any commercial or industrial district. Such signs shall be promptly removed when the sale, lease, or development of the property has been completed.
(b) Temporary signs announcing such events such as “Grand Opening,” “Under New Management,” or “Going Out of Business.” Such signs may be either freestanding or building-mounted, or a banner, and shall be subject to the following standards:
1. A maximum of 20 square feet in area;
2. If freestanding, not to exceed eight feet in height or located closer than ten feet to any lot line;
3. For a period not to exceed 45 days;
4. Only contain information and/or advertising pertaining to the special event; and
5. On a given property, such temporary sign may be displayed only one time by the same proprietor in a 12-month period.
(c) Any temporary construction sign announcing the names of architects, engineers, contractors or other individuals or firms involved with the construction, alteration, or repair of a building or development or announcing the character of a building enterprise or the purpose for which the building is intended. Such signs shall be located on the site of the construction work, not to exceed four square feet in any residential district or 32 square feet in any business or industrial district.
(d) Seasonal displays and decorations, for events such as religious holidays and the Fourth of July, not advertising a product, service, or entertainment.
(e) Freestanding, off-site directional sign(s) providing information as to the location of grand openings, private garage or yard sales, and other temporary uses or of real estate that is for sale or for rent. Such signs shall be subject to the following conditions:
1. No such sign shall exceed three square, feet in area or four feet in height;
2. Such signs shall not exceed five in number per use being advertised;
3. Such signs shall not be located in any public right-of-way;
4. Such signs shall not be situated so as to cause an obstruction or distraction to passing motorists; and
5. Such signs shall be removed promptly after the sale or temporary activity is over.
(f) Temporary signs, announcing a campaign, drive, or event of a civic, charitable, educational, historical, or religious organization. Such signs may be either building-mounted or freestanding and shall not exceed 16 square feet in area. If freestanding, no such sign shall exceed six feet in height or be located closer than ten feet to any street right-of-way. Such signs may be located on or off-site, and may be posted prior to the event for a period not to exceed 21, days and must be removed immediately after the completion of the event.
(g) Political campaign signs erected on election day at officially designated polling places.
(h) Temporary political campaign signs may be permitted on-site or off-site in any district subject to the following conditions:
1. No one such sign shall exceed 32 square feet in area, and no freestanding sign shall exceed eight feet in height;
2. No signs shall be erected for more than 45 days prior to the nomination, election, or referendum which they advertise;
3. Political signs shall be permitted during local special events, such as fairs, carnivals, and festivals. Signs must be removed immediately after the completion of the event;
4. All signs shall be removed within 14 days after voting;
5. Nothing in this provision shall be construed to authorize the posting of political campaign signs upon trees, utility poles, traffic control signs, lights, or devices, or in any place or manner prohibited by this chapter; and
6. Any temporary political campaign signs placed on buildings or in building windows which are visible to the outside shall meet the above requirements.
(4) Temporary signs permitted in all districts. The following signs are permitted in all districts subject to the requirements listed below. A permit is required for these signs.
(a) Temporary on-site signs advertising any temporary use specified in § 155.093. The signs may be freestanding or building mounted, shall not exceed one in number per use, shall not exceed 32 square feet in area and, if freestanding, shall not exceed eight feet in height. Such signs may be erected only for the duration of the temporary use and. shall be located only as approved by the Zoning Administrator. In addition, there may be off-site directional signs as specified by division (E)(5) below.
(5) Temporary signs permitted in Business and Industrial Districts. The following temporary signs are permitted in business and industrial districts subject to the requirements listed below. A permit is required for these signs.
(a) Portable, mobile, or “tow-in” signs shall be permitted in business and industrial districts to substitute for a permanent sign prior to installation of the permanent sign, to announce grand openings, or to advertise special sales events providing the following requirements are met:
1. These signs may be permitted on the premises for the period of time specified in conjunction with those uses listed in Table H above, or for 45 days if the use is not specified in Table H. Additional days may be permitted by the Zoning Administrator, if the sign is being used in lieu of a permanent sign;
2. No more than four permits shall be issued in any 12-month period for the same enterprise;
3. No sign shall contain information on any event not conducted on the premises, nor advertising for any product not sold on the premises;
4. In no instance shall such signs be permitted in the street right-of-way, nor shall they be placed so as to obstruct the view of oncoming traffic for cars exiting a premises or intersecting street;
5. No such sign shall be permitted to flash;
6. All such signs shall be safely anchored to the ground;
7. No more than one portable, mobile, or “tow-in” sign may be permitted per enterprise;
8. When not in use, all portable, mobile, or “tow-in” signs shall be stored out of public view; and
9. Any portable, mobile, or “tow-in” sign exceeding the above standard would require a special exception approval by the Board of Zoning Appeals.
(b) Inflatable balloons used for the purpose of product or business advertising shall be permitted as temporary signs in any business or industrial district for a period not to exceed seven days. The Zoning Administrator shall determine that no unsafe condition will exist due to the use of the device.
(c) Search lights with a vertical beam may be placed temporarily on the premises for grand openings and other similar special events. The Zoning Administrator shall determine that no unsafe condition will exist due to the use of the device.
(6) Signs permitted in B-1, Convenience Business District. The following signs are permitted in the convenience business district subject to the standards and restrictions set forth herein. No sign permits are required for these signs.
(a) Window signs are signs that are displayed in windows for pedestrian view.
1. Signs are not to exceed 40% of the glass window and/or door area.
2. These signs will not be regulated as temporary signs.
(b) Sidewalk “sandwich board” signs may be placed on the sidewalk of the proprietor’s property, not within the public right-of-way, unless approved by the County Council. There must be a three-foot minimum clearance remaining on any sidewalk for ADA compliance.
1. A sandwich board’s sign face is limited to eight square feet.
2. The sign must also be double-faced or angled so that the vacant side cannot be seen.
(7) Signs permitted in Business and Industrial Districts. The following signs are permitted in business and industrial districts, subject to the standards and restrictions set forth herein. A permit is required for these signs.
(a) One business sign mounted on the building occupied shall be permitted in connection with any legal business or industry, if the following requirements are met.
1. No sign shall contain information or advertising for any product not sold on the premises.
2. The business sign shall not have a surface area greater than two square feet for each foot of frontage of the building and shall not project above the ridge line of a sloping roof, nor above the eave line of a flat roof.
3. No sign shall project over any public sidewalk or right-of-way, unless eight feet above grade and approved by Board of County Commissioners.
(b) The Zoning Administrator may authorize additional business signs if one of the following conditions are met.
1. The business fronts on more than one thoroughfare.
2. More than one business is located in one building. In such instance, the combined total area of the business signs shall not exceed two square feet per front foot of the building.
3. The business has a rear parking lot, in which case one additional business sign may be permitted on the side or rear of the building occupied, provided such sign is constructed to the same standards as are required in the front of the premises.
(c) In addition to an attached business sign (or signs), one single or double-faced freestanding sign may be erected on a business or industrial site; provided the following conditions are met.
1. The sign shall contain only the logotype, trademark, or name of the company, commercial, or industrial center on the property. Only one freestanding sign shall be permitted on each individual business site; however, within commercial or industrial centers, one freestanding or monument sign shall be permitted. In such instances where an individual business site or commercial or industrial center has access on more than one thoroughfare, the Zoning Administrator may authorize such additional signs as are warranted. Additional freestanding signs may be approved as a special exception by the Board of Zoning Appeals, where specific and special circumstances warrant.
2. Freestanding pole sign.
a. The logo sign shall not be larger in total surface area than 25 square feet per face for each half acre of lot area on the premises, or 160 square feet per individual business site, whichever area is less. Commercial and industrial centers may not exceed 300 square feet.
b. Businesses which require the frequent display of special prices and/or events shall be permitted, in addition to a logo sign, one permanent changeable message center sign which does not exceed 20 square feet per face for each half acre of lot area on the premises, or 55 square feet, whichever area is less. Only one message center sign, whether changeable or electronic, shall be permitted on each individual business site; however, in such instances where an individual business site or commercial or industrial center has access on more than one thoroughfare, the Zoning Administrator may authorize such additional signs as are warranted. All such signs shall be mounted on the same pole or structure as the logo or signs.
c. Such sign, including any structure to which the sign is attached, shall not exceed 35 feet in height, shall be set back not less than ten feet from the road right-of-way, and shall not be located less than ten feet from any adjacent property. No sign may impede any line of site.
d. Spacing between a logo and message sign may not exceed four feet.
3. Monument signs. A sign mounted directly to the ground. No poles shall be visible. The maximum height is measured from the ground to the top of the sign including any base construction. Maximum width includes any frame or support structures. Total area represents each face of a sign.
a. To determine required area, height, and width, reference Table I below.
b. No sign shall be located closer than ten feet to any property line or road right-of-way. No sign may impede any line of site.
c. Monument signs must be located within a landscaped area.
Property Frontage (Feet) | Area (Square Feet) | Height (Feet) | Width (Feet) |
Less than 100 | 25 | 6 | 10 |
100-299 | 1)55 | 8 | 10 |
300 or more | 1)65 | 8 | 10 |
1) or 0.33 sq. ft. per linear feet of frontage, whichever is less |
(d) In addition to other permitted signs, gasoline stations may have the following signs:
1. Signs on vending machines, provided that such machines are placed together in a single group against the building;
2. Wall signs, not exceeding six square feet in area for each sign, identifying the special functions of various service bays in the building facade, located above the doorways and containing no advertising;
3. Signs on pump islands and/or canopies relating to self-service or full-service locations, prices (the numerals of which shall be between 12 and 18 inches in height) along local roads (24 inches if located along a limited access highway, and canopies may provide up to 36 inches if viewed from a limited access highway with a setback of more that 500 feet), promotions for products and services, displays of products, fuel availability, and so forth;
4. One sign stating hours of operation, in the form of a wall sign or window sign, not exceeding four square feet in area; and/or
5. A single wall sign not exceeding two and one-half square feet, identifying the owner or manager, the address of the property, and the telephone number.
(8) Off-premises signs. Off-premises signs (as defined) are permitted in the county. Off-premises signs may be either building mounted or freestanding (as defined). For the purpose of this chapter, an off-premises sign shall be treated as a principal land use.
(a) The following standards apply to both building mounted and freestanding off-premises signs:
1. Signs shall be permitted in the following zoning districts: B-4 General Business; AB Agribusiness; I-I Light Industrial; and I-2 General Industrial;
2. The maximum height of an off-premises sign above the road grade from which it is to be viewed shall not exceed 35 feet;
3. Lighting for off-premises signs shall be indirect and non-flashing in nature;
4. No off-premises sign shall be placed so as to obstruct the view of on-coming traffic, or create any kind of traffic hazard; and
5. All signs shall meet the Uniform Sign Code, 1979 Edition, as amended.
(b) The following additional standards apply to freestanding off-premises signs:
1. Each sign face shall contain no more than 300 square feet and no sign structure shall contain more than two such faces facing in the same direction and shall not be separated by more than 12 inches. However, a freestanding sign not exceeding 700 square feet in area per side may be permitted by special exception by the Board of Zoning Appeals;
2. Back-to-back freestanding signs may be separated in the shape of the letter “V” if the greatest point of separation between sign faces does not exceed 15 feet;
3. The distance between legally erected freestanding off-premises sign structures shall be a linear measure taken along right-of-way lines of that side of the street on which the sign is to be located. Freestanding signs shall be at least:
a. Five hundred feet or more from one sign to another on the same side of the street, which need not be met where a physical obstruction exists which prevents viewing two off-premises sign structures at the same time;
b. One hundred feet to any residential zone; and
c. One hundred feet to a church, school, or health care institution.
4. The distance measured at a right angle from the right-of-way line to the leading edge of an off-premises sign structure shall be no less than 15 feet.
(c) The following additional standards apply to building mounted off-premises signs:
1. Each building mounted sign face shall contain no more than 300 square feet, and there shall be no more than one such face on any building wall facing in the same direction;
2. No building mounted sign shall extend beyond the edge of the building to which it is attached;
3. Building mounted signs shall not be located closer than:
a. Two hundred fifty feet from any freestanding or building mounted off-premises sign on the same side of the street or road;
b. One hundred feet to any residential zone; and
c. One hundred feet to a church, school, or institution.
(d) Notwithstanding the provisions hereof, a non-conforming, off-premises sign structure may be continued but may not be extended, expanded, replaced, or otherwise increased in non-conformity, except as specified herein, or as permitted by the Board of Zoning Appeals in accordance with the provisions of this chapter. Non-conforming, off-premises sign structures may be maintained and repaired subject to the above restrictions.
(9) Operations. The following operations shall not be considered as creating a sign and therefore shall not require a sign permit:
(a) The changing of the advertised copy or message on an approved painted or printed sign, billboard, or a theater marquee, and similar approved signs which are specifically designed for the use of replaceable copy; and/or
(b) Painting, repainting, cleaning, and other normal maintenance and repair of an approved sign or sign structure, unless a structural alteration is made.
(Prior Code, § 153.074) (Ord. 93-02, passed 2-1-1993; Ord. 2013-5, passed 7-1-2013; Ord. 2014-10, passed 8-18-2014) Penalty, see § 155.999
(A) This section is in accordance with I.C. 8-1-32.3, and compatible with the provisions of § 332(c)(7)(B) of the Federal Telecommunications Act of 1996, as in effect on July 1, 2015, and § 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012. This section does not apply to personal television antennas, ham radio, short wave radio antennas, or other communications equipment accessory to residential uses.
(B) Prior to an improvement location permit, the applicant shall provide information demonstrating compliance with all FCC, FAA and ANSI standards.
(C) All wireless towers may exceed normal height requirements.
(1) No standards or applications are required for an applicant regarding the installation, location, or use of wireless service facilities on utility poles or electrical transmission towers.
(2) All other new wireless towers within the right-of way shall be reviewed by the Highway Superintendent.
(3) All wireless collocations on all personal or public properties shall provide property owner consent and provide an engineer certificate that indicates that the collocation can handle the new service's weight load.
(4) All wireless towers located on all other personal or public properties shall provide property owner consent if not the owner and meet the following standards:
(a) Fall zone limitation (setback). The fall zone requirement for a wireless support structure shall not be larger than the area within which the structure is designed to collapse, as set forth in the engineering certification for the structure. This section supersedes any setback requirement in this chapter.
(b) All new towers shall be designed and constructed to accommodate a minimum of three service providers.
(c) Ingress and egress to the site shall only be from approved access points. Surfacing of all roadways, driveways, and off-street parking areas shall comply with the standards of this section and the Chapter 153.
(d) Wireless facilities shall be entirely enclosed by a woven wire or chain link fence of no less than six feet. Such fence may be located in the front, side or rear yard.
(e) Towers shall not be illuminated, except in accord with other state or federal regulations.
(f) No signs shall be permitted, except those displaying emergency information, owner contact information, warning or safety instructions, or signs which are required by a federal, state or local agency. Such signs shall not exceed five square feet.
(D) Non-discrimination. Among communications service providers or public utilities with respect to the following:
(1) Approving applications, issuing permits, or otherwise establishing terms and conditions for construction of wireless or wireline communications facilities.
(2) Authorizing or approving tax incentives for wireless or wireline communications facilities.
(3) Providing access to rights-of-way, infrastructure, utility poles, river and bridge crossings, and other physical assets owned or controlled by the county.
(E) To function as the authority for all purposes within the meeting of I.C. 8-1-32.3-8
, otherwise known as the Federal Telecommunications Act of 1996, as in effect on July 1, 2015, unless considered a special exception or use variance. At such time, the Zoning Administrator shall exercise the authority to review applications for completeness before being heard before the Board of Zoning Appeals.
(Ord. 2009-04, passed 7-6-2009; Ord. 2015-16, passed 10-19-2015; Ord. 2020-14, passed 11-16-2020)
Modular homes shall meet the following requirements:
(A) The homes shall contain at least 950 square feet of occupied space per dwelling unit. Occupied space is defined as the total area of earth horizontally covered by a manufactured home; excluding accessory appendages such as, but not limited to, garages, patios, breezeways, and porches;
(B) The homes shall meet all requirements applicable to single-family and subject to all necessary improvement location, building, and occupancy permits;
(C) The homes shall be placed onto a permanent under floor foundation installed in conformance with the State One- and Two-Family Dwelling Code or the State Uniform Building Code in the case of multi-family dwelling units, and the manufacturer’s installation specifications;
(D) The homes shall be placed onto a permanent perimeter enclosure constructed in accordance with the State One- and Two-Family Dwelling Code, or the State Uniform Building Code in case of multi-family dwelling units;
(E) The homes shall have wheels, axles, and hitch mechanisms removed;
(F) The homes shall have siding material of a type customarily used on site-constructed residences; and
(G) The homes shall have roofing material of a type customarily used on site-constructed residences. Roofing material shall be installed in accordance with the manufacturer’s specifications.
(Prior Code, § 153.075) (Ord. 2009-17, passed 12-7-2009)
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