(A) Uses by right. No building or structure or part thereof shall be erected, altered or used, or land used in whole or in part for other than one or more of the following uses and use conditions in division (C) of this section.
(1) Use Unit 0 - active agricultural uses [including animal feeding operations (AFOs), but excepting concentrated feeding operations (CFOs) and confined animal feeding operations (CAFOs) that are permitted only by special exception and shall meet all state and federal requirements].
(2) Use Unit 1 - areawide uses by right.
(3) Use Unit 5 - single-family detached dwelling.
(4) Use Unit 8 - manufactured or modular home dwelling.
(5) Living quarters for persons employed on the premises and not rented or otherwise used as a separate dwelling.
(6) Bona fide farm building.
(7) Roadside stands offering for sale agricultural products are a permitted use, provided said stand is located at least 25 feet from the front property line (roadway right-of-way line) and that off-street parking is provided. If there is no dedicated roadway right-of-way, the front yard setback from the center of the roadway is 25 feet plus one-half the right-of-way width of the applicable roadway functional class as if the roadway had been dedicated (adding 25 feet for a “local street”, 40 feet for a “collector” or “secondary arterial”, 60 feet for a “primary arterial”, and 75 feet for a “divided primary arterial”).
(8) Day care in the home involving less than five unrelated children.
(9) Accessory uses and structures when located on the same lot.
(10) Other than exempt subdivisions as provided in Posey County Subdivision Ordinance, subdivisions are prohibited within the “A” District.
(11) Landfills are prohibited within the “A” District.
(12) Use unit 29 - mobile office trailer, so long as property does not abut a residential district.
(B) Use by special exception. Special exception uses may be permitted by the Board of Zoning Appeals following a public hearing, as indicated below, when such are deemed essential or desirable to the public convenience or welfare and are in harmony with the various elements or objectives of the Comprehensive Plan and use conditions in division (C) of this section.
(1) Use Unit 0 - active agricultural uses - concentrated feeding operations (CFOs) and confined animal feeding operations (CAFOs) meeting all state and federal requirements.
(2) Use Unit 2 - areawide special exception uses.
(3) Use Unit 3 - public protection and utility facilities.
(4) Use Unit 4 - community services (including churches, nonprofit educational and philanthropic institutional uses, and children’s nursery/day care center involving more than four children), but excluding protective shelters, residential treatment centers, transitional living centers.
(5) Use Unit 9 - mobile home dwelling.
(6) Part of Use Unit 15 - other trades and services - limited to veterinary office, animal or kennel (including outside runs) and greenhouses.
(7) Use Unit 20 - commercial recreation: intensive.
(8) Part of Use Unit 21 - business signs and outdoor advertising - excluding outdoor advertising (off-premises) signs.
(9) Use Unit 23 - warehousing and wholesaling.
(10) Use Unit 24 - mining and mineral extraction and processing (including oil and gas well drilling and extraction).
(11) Part of Use Unit 27 - heavy manufacturing and industry - limited to livestock sales and commercial breeding.
(12) Use Unit 28 - home occupations.
(13) Use unit 29 - mobile office trailer when property abuts a residential district.
(C) Uses by right and special exception conditions.
(1) Any new residential use, other than that of the applicant, shall be set back a minimum of 1,500 feet from the livestock facilities of any existing confined animal feeding operation (CAFO), 1,000 feet from any existing Concentrated Feeding Operation (CFO), or 500 feet from any existing animal feeding operation (AFO), unless the applicant and the owner(s) of the affected residence agree to a lesser distance and record a copy of such agreement in the Office of the Posey County Recorder.
(2) Concentrated feeding operations (CFOs) and confined animal feeding operations (CAFOs) are subject to site plan approval by the Area Plan Commission under § 153.033(F).
(3) Concentrated and confined feeding operations are subject to the following separation requirements:
(a) New AFO’s, shall be set back at least 500 feet from the boundary of any property zoned residential, office, or business/commercial, and from any community service in Use Unit 4.
(b) All new AFO’s shall be setback at least 500 feet from any residence (other than that of the applicant) and any community service in Use Unit 4, unless the applicant and the owner(s) of the affected residence agree to a lesser distance and record a copy of such agreement in the Office of the Posey County Recorder.
(c) All new CFOs, CFO expansions, and AFO expansions to the extent the operation becomes a CFO, shall be set back at least 1,000 feet from any residence(other than that of the applicant) and any community service in Use Unit 4, unless the applicant and the owner(s) of the affected residence agree to a lesser distance and record a copy of such agreement in the Office of the Posey County Recorder.
(d) The livestock facilities of new CFOs shall be set back at least one-half mile from any property zoned residential, office, or business/commercial, and from any community service in Use Unit 4; and shall be set back at least one-half mile from any shoreline or water line of a lake.
(e) New CAFOs shall be set back at least 1,500 feet from any residence (other than that of the applicant) and community services of Use Unit 4, unless the applicant and the owner(s) of the affected residence agree to a lesser distance and record a copy of such agreement in the Office of the Posey County Recorder.
(f) The livestock facilities of new CAFOs shall be set back at least one-half mile from any property zoned residential, office, or business/commercial, and from any community service in Use Unit 4; and shall be set back at least one-half mile from any shoreline or water line of a lake.
(g) The property boundary of any confined animal feeding operations (CAFO) shall not be within two miles of an incorporated area.
(D) Accessory uses permitted. Accessory uses customarily incidental to a permitted principal use as follows.
(1) Any structure in support of Use Unit 0 (Active Recreation Uses) or Use Unit 1 (Areawide Uses by Right such as passive agricultural uses and open land uses).
(2) Garage.
(3) Carport.
(4) Signs.
(a) Bulletin board.
(b) Identification sign.
(c) Real estate sign.
(d) Construction sign.
(5) Shelter (storm).
(6) Private swimming pool.
(7) Child care in home (four or less).
(8) Yard sales.
(E) Accessory use conditions.
(1) General conditions.
(a) An accessory building erected as an integral part of the principal building shall be made structurally a part thereof, shall have a common wall therewith, and shall comply with the requirements applicable to the principal building.
(b) A detached accessory building shall not be located in the front or side yard or encroach upon a minimum building setback line, but this limitation shall not apply to garages and carports, provided the minimum required front yard or side yard set back line is observed.
(c) Within the rear yard, a detached accessory building shall be located at least five feet from interior lot line.
(2) Signs are permitted as follows in accordance with the yard requirement of § 153.024(B)(5).
(a) One bulletin board may be erected on each street frontage of any educational, religious, institutional, or similar use in Use Unit 4 by special exception requiring announcement of its activities. The bulletin board shall not exceed 12 square feet in surface area, nor 15 feet in height, and illumination, if any, shall be by constant light.
(b) One identification sign may be erected on each perimeter street frontage of a farm or permitted non- residential use. The sign shall not be permitted to 48 square feet of display surface area. The sign shall not exceed 12 feet in height, and illumination, if any, shall be by constant light.
(c) During the period of construction, a temporary sign advertising the construction of improvements on the street premises, may be erected on each perimeter street frontage of the development. The sign shall not exceed 40 square feet in surface area, nor 15 feet in height, and illumination, if any, shall be by constant light.
(d) A temporary real estate sign advertising the sale, rental, or lease of the premises may be erected on each street frontage of a lot. The sign shall not exceed four square feet in surface area, nor
six feet in height, and illumination, if any, shall be by constant light.
(3) Private swimming pools (and all accessories thereto) shall meet safety requirements of state and local building codes.
(4) Child care - in home.
(a) A maximum of four non-related children may be cared for in the home without state licensing. Five to ten children may be cared for in the home if the resident obtains a special exception and maintains continuous state licensing. This number does not include those who reside in the residence.
(b) No person shall be employed other than a member of the immediate family residing on the premises or a substitute caregiver if the primary caregiver is unavailable.
(c) No signs advertising the child care home shall be permitted on the lot.
(d) No exterior alteration of the dwelling or any customary accessory structure shall be made which would detract from the residential character of the structures.
(e) State-licensed child-care homes in existence on the effective date of this chapter, but which would be prohibited by these requirements, may continue as otherwise regulated herein.
(5) Yard sales shall occur only once a month for not more than three consecutive days.
(Ord. 12-16, passed 8-8-12; Am. Ord. 13-9, passed 5-16-13)