(A) Minimum lot area.
(1) Every lot upon which a structure is hereinafter erected, shall:
(a) Have a frontage not less than 150 feet on a street or public right-of-way or dedicated road, or shall have access to a public road or street by a dedicated right-of-way or access easement running with the land;
(b) Have a minimum area of one acre with or without public sewers: however, the Posey County Health Department may require a larger lot where public sewers area lacking; and
(c) Be a minimum of ten acres for an animal feeding operation (AFO), 30 acres for a new concentrated feeding operation (CFO), and 120 acres for a new confined animal feeding operation (CAFO).
(2) Where a lot has less width or area than herein required and was a lot of record (or contract sales, dated) prior to the effective date of this chapter, such lot may be occupied by any use permitted in the “A” District.
(B) Yards.
(1) Front yard and street side yard.
(a) Every lot used for a single-family detached dwelling shall have a front yard (or street side yard) not less than 25 feet in depth. The front yard or street side yard may be more or less than the 25-foot minimum depending on the predominant front yard (or street side yard) setback of existing structures along the blockface. If only one lot on the blockface is developed, the front yard (or street side yard) should be an average of the 25-foot setback and the existing structure setback. When the proposed structure falls between two developed lots, the front yard setback should be the average of the two abutting lot structure setbacks.
(b) Every lot used for a non-residential use shall have a front yard (or corner lot side yard) not less than 25 feet in depth.
(c) If there is no dedicated roadway right-of-way, the front yard (or corner lot side 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”).
(d) Concentrated and confined feeding operations shall have greater front yard and street side yard setbacks of 100 feet for animal feeding operation (AFO), 200 feet for a new concentrated feeding operation (CFO), and 500 feet for a new confined animal feeding operation (CAFO).
(2) Side yards.
(a) Every lot used for a single-family detached dwelling shall have a side yard not less than 15 feet in depth.
(b) Every lot used for a non-residential use shall have a side yard not less than ten feet in depth. However, when a non-residential use by right or special exception abuts a residential or office district, the minimum side yard requirement in the A District of ten feet shall be increased by one foot for each foot of building height exceeding 18 feet, but the required side yard shall not exceed 25 feet.
(c) Concentrated and confined feeding operations shall have greater side yard setbacks of 100 feet for animal feeding operation (AFO), two hundred (200) feet for a new concentrated feeding operation (CFO), and 500 feet for a new confined animal feeding operation (CAFO).
(3) Rear yard.
(a) Every lot used for a one-family dwelling shall have a rear yard not less than 25 feet in depth.
(b) Every lot used for a non-residential use shall have a rear yard not less than ten feet in depth. However, when a non-residential use by right or special exception abuts a residential or office district, the minimum rear yard requirement in the A District of ten feet shall be increased by one foot for each foot of building height exceeding 18 feet, but the required rear yard shall not exceed 25 feet.
(c) Concentrated and confined feeding operations shall have greater rear yard setbacks of 100 feet for animal feeding operation (AFO), 200 feet for a new concentrated feeding operation (CFO), and 500 feet for a new confined animal feeding operation (CAFO).
(C) Height.
(1) No residential building or structure or part thereof shall be erected or altered to a height exceeding two and one-half stories or 35 feet.
(2) No non-residential structure, accessory building or structure or part thereof shall be erected or altered to a height exceeding 45 feet.
(D) Lot coverage. The combined area occupied by all principal and accessory buildings shall not exceed 30% of the area of the lot.
(E) Minimum floor area. The minimum livable floor area of a single-family detached dwelling or mobile home shall be 950 square feet. The minimum width of a single-family detached dwelling is 23 feet wide; however, there is no minimum width for a mobile home.
(F) Site plan approval for concentrated and confined feeding operations. As a use by right, all new and expanding animal feeding operations (AFOs) shall submit a site plan for approval by the Area Plan Commission Executive Director to obtain a “location improvement permit” per § 153.221. All new and expanding concentrated feeding operations (CFOs) and confined animal feeding operations (CAFOs) shall submit a site plan for approval by the Area Plan Commission in conjunction with the request for approval as a special exception by the Area Board of Zoning Appeals. Animal feeding operations and concentrated feeding operations shall comply with all state and county health and environmental regulations, as well as all federal laws governing such uses. New AFOs, CFOs, CAFOs and/or AFOs or CFOs expanding to a CAFO shall comply with all applicable state and federal laws and county regulations governing such uses, and shall also submit a site development plan to the Area Plan Commission for review, as well as approval as a special exception by the Area Board of Zoning Appeals.
(1) Site development plan submission for CFOs and CAFOs. The following submissions shall be received from the applicant and shall be considered by the Posey County Area Plan Commission for site development plan approval:
(a) A scaled drawing representing the dimensions and the shape of the lot to be built upon, the size and location of existing buildings, and the location and dimensions of the proposed building or alteration;
(b) The boundaries of the property;
(c) The general topography of the region;
(d) The location of all residential dwellings, businesses, public buildings, and recreational areas within a one-half mile radius of the livestock facilities;
(e) The existence, if any, and type of test/monitoring wells;
(f) An odor control plan that addresses confinement buildings, manure storage, dust and particulate matter;
(g) A mortality plan for disposal of dead animals; and
(h) Any and all other information deemed necessary by the Posey County Area Plan Commission for the administration and enforcement of this chapter, including but not limited to, existing or proposed uses of the buildings and land; compliance with county health department and drainage board regulations; and status of county highway department approval.
(2) Animal feeding operations. Animal feeding operations (AFOs) shall comply with all state and county health and environmental regulations. An AFO shall not be expanded to a CFO until it has been in operation for at least three years and meets all CFO requirements.
(3) Concentrated feeding operations (CFOs) and confined animal feeding operations (CAFOs). Concentrated feeding operations and confined animal feeding operations shall comply with all applicable Indiana and federal laws governing such uses.
(Ord. 12-16, passed 8-8-12)