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Purpose. By reason of potential adverse effects on public services or to neighboring land uses, site plan review and approval is required for all proposed multifamily complexes over eight units. This for the purposes of assuring proper accessibility, circulation, functional relationships of uses, and compatibility with adjoining and nearby development. No building permit shall be issued nor use commenced on a site approved for these uses except in accordance with a site development plan submitted to and approved by the Area Plan Commission in accordance with § 153.223.
(Ord. 12-16, passed 8-8-12)
(A) Use of right. No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or part, for other than one or more of the following principle permitted uses:
(1) Use Unit 1 - areawide uses by right;
(2) Use Unit 8 - manufactured or modular dwelling; and/or
(3) Use Unit 9 - mobile home dwelling.
(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:
(1) Use Unit 2 - areawide special exception uses;
(2) Use Unit 3 - public protection and utility facilities;
(3) Use Unit 4 - community services [excluding protective shelters, residential treatment centers and transitional living centers, and including children’s nursery/day care center for more than four unrelated children (excluding those who live in the home)];
(4) Use Unit 28 - home occupations; and
(5) Unit 29 - mobile office trailer.
(C) Accessory uses permitted. Accessory uses customarily incidental to a permitted principal use not involving the conduct of any business, trade, occupation or profession, are permitted as follows:
(1) Management office, laundry and storage facilities;
(2) Indoor or outdoor recreation areas;
(3) Commercial uses supplying essential goods or services for the use of park occupants;
(4) Garage;
(5) Carport;
(6) Signs:
(a) Bulletin board;
(b) Identification sign;
(c) Real estate sign; and
(d) Construction sign;
(7) Shelter (storm);
(8) Private swimming pool
(9) Child care in home (four or less); and
(10) Yard sales.
(D) Accessory use conditions.
(1) Indoor or outdoor recreation areas not be less than 8% of the gross site area.
(2) Commercial uses supplying essential goods or services for the use of park occupants, shall be subject to the following restrictions:
(a) Such establishments and the parking areas primarily related to their operations shall not occupy more than 10% of the total area of the park;
(b) Shall be subordinate to the residential use and character of the park;
(c) Shall be located and designed and intended to serve convenient trade or service needs of persons residing in the park; and
(d) Shall present no visible evidence of their commercial nature to areas outside the park.
(3) 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.
(4) 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 mobile home park or subdivision. The sign shall not be permitted to exceed 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 12 square feet in surface area (total of all sides), nor six feet in height, and illumination, if any, shall be by constant light.
(5) Private swimming pools (and all accessories thereto) shall meet safety requirements of state and local building codes.
(6) 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.
(7) 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; Am. Ord. 2016-2A, passed 1-21-16)
(A) Area. Every lot upon which a structure is hereafter erected shall front onto a dedicated street or public right-of-way and shall conform to the following minimum lot area and width requirements.
(1) Residential use.
(a) The tract area planned for a mobile home park shall be a minimum of five gross acres with a minimum tract width of 100 feet, and shall be served by sanitary sewers. Additionally, a subdivision plat incorporating these requirements and any additional requirements which result from the subdivision process, must be submitted to and approved by the Plan Commission and filed of record in the Office of the Posey County Recorder.
(b) The lot area for a mobile home shall be a minimum of 6,440 square feet with a minimum with a minimum lot width of 56 feet.
(c) No mobile home site shall be leased in any mobile home park for less than 30 days.
(2) Non-residential use.
(a) The lot area shall be at least 10,000 square feet with a minimum width of 100 feet (where sanitary sewers are available).
(B) Yards.
(1) Front yard and street side yard.
(a) Every tract of the mobile home park or manufactured/modular subdivision shall have a front yard (or street side yard) of 25 feet.
(b) Every lot for single-family detached dwellings shall have a front yard not less than 20 feet in depth and street side yard not less than ten feet.
(c) Every lot used for a non-residential use shall have a front yard (or street side yard) not less than 25 feet in depth.
(d) If there is no dedicated roadway right-of-way, the front yard (or corner lot side yard) setback of the tract 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”).
(2) Side yard.
(a) Every tract of the mobile home park or manufactured/modular subdivision shall have a side yard not less than 25 feet.
(b) Every lot used for a single-family detached dwelling shall have a side yard not less than five feet in depth.
(c) Every lot used for non-residential use shall have a side yard of not less than 25 feet.
(3) Rear yard.
(a) Every tract of the mobile home park or manufactured/modular subdivision shall have a rear yard of 25 feet.
(b) Every lot for single-family detached dwelling shall have a rear yard not less than ten feet in depth.
(c) Unattached buildings of accessory uses may be located in the rear yard but shall be setback at least five feet from the rear property line or outside any utility easement, whichever is greater.
(d) Every lot used for a non-residential use shall have a rear yard not less than 25 feet in depth.
(C) Height. No building or structure, or part thereof, shall be erected or altered to a height exceeding one story, not to exceed 35 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. Minimum livable floor area for a single-family detached dwelling unit shall be 650 square feet.
(F) Minimum livability area per dwelling. The minimum livability area for recreation areas shall be 300 square feet per dwelling unit. This shall be provided in common areas of not less than 7,500 square feet, located so as to be conveniently accessible to the mobile, manufactured or modular homes served. The area shall be of appropriate shape and terrain for active recreational uses, but shall not include any portion of an individual mobile, manufactured or modular home site or lot.
(Ord. 12-16, passed 8-8-12)
(A) Stages. The tract may be developed in two or more stages, provided that said stages conform in all respects with the approved mobile home park design and are developed within the prescribed period of time.
(B) Fronting. Each mobile home lot shall front onto a paved internal street of a minimum for 20 feet with a minimum right-of-way width of 40 feet.
(C) Pad and skirting. Each mobile home lot shall be provided with a pad consisting of either a solid concrete slab or other adequate concrete supports of a thickness and size adequate to support the maximum anticipated loads during all seasons. When concrete ribbons are used, the area between he ribbons shall be filled with a layer of crushed rock or asphalt. Each concrete pad shall be provided with a minimum of six anchor rings for each mobile home. Each mobile home unit shall have the undercarriage completely enclosed by skirting.
(D) Paved outdoor living area. Each mobile home lot shall be provided with a suitable paved outdoor living area of a minimum of 100 square feet with a minimum width of ten feet. This area shall be covered with a roof, subject to limitations imposed by the lot coverage maximum of 30%. Parking areas and driveways shall not be included as part of this outdoor living space.
(E) Landscaping.
(1) Lawn and ground cover shall be provided where needed to prevent erosion of swales, slopes and other areas to obtain useable yards.
(2) Lawn and ground cover shall be appropriate for the use and location.
(F) Lot markers. The boundaries of each mobile home lot shall be permanently and visibly marked on the ground by flush stakes, markers, or other suitable means approved by the Area Plan Commission. Each mobile home site shall be numbered.
(G) Storage. Each mobile home park shall have a central storage structure available for use by all residents of the park or individual storage structures on each mobile home site. The storage structures, whether individual or central shall be waterproof. Each individual storage structure shall contain a minimum of 90 cubic feet. Central waterproof structures shall provide 90 cubic feet of space for each mobile home lot that they serve.
(H) Water and sewage. Each mobile home site shall be connected with a municipal water and sewer system if such systems are adjacent to the park site or within one hundred fifty 150 feet.
(I) Utilities. All interior utility lines, including, but not limited to, gas, electric, communications, street lighting, and cable television, shall be placed underground. Individual antennas for televisions may be installed on each mobile home site but centralized antennas shall be encouraged.
(J) Common walks. Common walks at least three feet in width shall be provided in locations where pedestrian traffic is concentrated; for example to the entrance and to the office and other important facilities. No required walk shall be used as a drainage way.
(K) Street.
(1) Access to the mobile home park shall be free from a public street.
(2) The number and location of access streets shall be controlled for traffic safety and protection of surrounding properties.
(3) No mobile home site, recreation area, or service facility shall be designed for direct access to a street outside the boundaries of the mobile home park.
(4) All streets within the mobile home park shall have a minimum right-of-way width of 40 feet, and shall be surfaced according to the standards adopted by location jurisdictions.
(5) In the event sheets are not dedicated, the mobile home park owner shall, prior to final approval, provide written certification that lease or rental agreements contain regulations to prohibit street parking in such a manner that impedes the movement of emergency vehicles.
(L) Grading and drainage. Prior to construction, the drainage plan shall be submitted to the City (or Town) Engineer and the Street and Sewer Commissioner for approval or the County Highway Engineer (or County Commissioners) and the County Surveyor (or County Commissioners) for approval.
(1) The mobile home park shall be graded and drained giving due consideration to the protection of the proposed development from inundation of flood hazard from an adjacent water course and to provide for the safe conveyance of storm waters, both those originating outside and inside the proposed park.
(2) This to be carried out through the development of facilities of sufficient capacity to permit ultimate development of the upstream tributary areas, and to allow discharge of storm waters originating within the park and/or conveyed through the park, on to downstream adjacent lands, to return to predevelopment flow conditions as closely as possible.
(3) This does not imply that the developer make extensive or reasonable improvement of existing inadequate drainage facilities on adjoining properties other than those necessary for satisfactory operation of the drainage facilities in the proposed development.
(M) Signs. See § 153.051(D)(4).
(N) Illumination of parks. All mobile home parks shall be furnished with lighting units spaced and equipped with luminaries placed at such heights and at such locations within the park to provide safe movement of pedestrians and vehicles. Lights shall be located at all entrances and exits. The illumination shall be by constant light and be so arranged as to direct the light within the boundaries of the park.
(O) Fire protection. The mobile home park shall meet the standards for adequate fire protection established by the National Fire Protection Association NFPA No. 501A and all amendments thereto. No open fires shall be permitted at any time or place within the mobile home park.
(P) Trash and refuse storage and collection.
(1) All refuse shall be stored in fly-tight, watertight, rodent proof containers, which shall be located no more than 150 feet from any mobile home site. Containers shall be provided in sufficient number and capacity to properly store all refuse. Refuse collection stands shall be so designed to prevent containers from being tipped, this is to minimize spillage, container deterioration, and to facilitate cleaning around them.
(2) Refuse, when not collected by a municipally sponsored service, shall be collected at least once a week. Where suitable collection service is not available from municipal or private agencies, the mobile home park operator shall dispose of the refuse by incineration or transporting refuse to a disposal site outside of the park area. Incinerators shall be authorized and operation if there is no conflict resulting with other statutes, ordinance or regulation. Authorized refuse incinerators shall be constructed in accordance with specifications of the Indiana State Health Department. Incinerators shall be operated only when attended by a person specifically authorized by the mobile home park owner or operator.
(Q) Location of buildings and structures within mobile home parks. The location of buildings and structures within a mobile home park shall be subject to the following regulations.
(1) Permitted buildings or structures which are not located upon a mobile home site shall be located at least ten feet from any mobile home site line.
(2) Swimming pools (their related facilities) and all other recreational areas shall be located at least 100 feet within the boundary of the mobile home park.
(3) One dwelling unit, other than a mobile home, may upon approval of the Area Plan Commission, be constructed for the owner or operator to reside.
(R) Abandonment and expiration. In the event a mobile home park is abandoned for a period of one year, or if upon expiration of three years from the adoption of this chapter the mobile home park has not been substantially completed, as determined by the Area Plan Commission, the land shall be rezoned by the Area Plan Commission. Rezoning would return the land in question to its previous zoning classification and may occur only after proper zoning application has been filed by the Commission. The Commission may, upon good cause, grant one extension for a period of one year upon application and public notice as required by law. Such application for extension shall be filed with the Commission six months prior to the expiration of the aforesaid three year period.
(Ord. 12-16, passed 8-8-12)
(A) Overview. No mobile home shall be located or altered, or land used, nor shall any use permit be issued thereof, unless and until the RMH District and necessary mobile home park plans are officially approved by the Area Plan Commissioner. All mobile homes shall be located and maintained in full conformity with the mobile home park site plans as approved for each RMH District. In addition to compliance with the requirements set forth here in and in conformity with all applicable ordinances and laws of the State of Indiana, each mobile home park shall also meet the requirements provided by the Indiana Mobile Home Parks Act of 1955 and all amendments thereto; and the Indiana State Board of Health Regulations and all amendments thereto.
(B) Preliminary site plan. A person desiring the approval of a mobile home park shall submit to the Area Plan Commission a preliminary site plan. The preliminary site plan shall be drawn at a scale of not less than 100 feet to one inch on a sheet 24 by 36 inches, except that, when the drawing at that scale requires more than two sheets, the site plan may then be drawn at a scale of 200 feet to one inch; and shall contain the following information.
(1) Description:
(a) Proposed name of the mobile home park.
(b) A legal description showing the park location.
(c) Name and address of property owners.
(d) Graphic scale, north point and date.
(2) Existing conditions:
(a) Boundary line of proposed park indicated by solid heavy line.
(b) Location, width and names of all existing streets or other public ways, railroads and utility rights-of-way, permanent buildings or structures, sections and municipal corporation lines within or adjacent to the tract.
(c) Location of existing sewers, water mains, culverts or other underground facilities, indicating pipe sizes and grades, within and adjoining to the proposed park.
(d) Boundary lines of adjacent land, showing adjoining streets, easements and owner’s name.
(e) Existing and proposed topography, contour interval not to exceed five feet, except where such interval is impractical.
(f) In the case of a revised site plan, all descriptive lines of the original site plan being vacated shall be shown by dotted lines in their proper position in relation to the new arrangement of the plan, the new site plan being clearly shown in solid lines so as to avoid ambiguity and confusion.
(3) Proposed conditions.
(a) Layout of streets, their names and width and also the width of alleys, walkways and easements.
1. The names of streets shall conform as far as practicable to names of corresponding streets existing in the vicinity of the mobile home park.
2. The name of a new street, not an extension or correspondence to an existing street, shall not duplicate or be similar to that of any existing street in the city, town, or county.
(b) The location of all ingress and egress points with their corresponding dimensions.
(c) Layout, dimensions and number of mobile home sites.
(d) Parcels of land to be dedicated or reserved for public use.
(e) Building setback lines showing dimensions for the tract and all lots.
(f) Location site of recreational areas, commercial, and service facilities, parking areas, other structures, driveways, landscaping, street lights, fire hydrants, signs and sewer, water and storm drain facilities within the park.
(C) Approval of the preliminary site plan.
(1) A public hearing shall be held in accordance with the administrative rules of the Area Plan Commission.
(2) Plan Commission action. After the public hearing, the Area Plan Commission may give its approval to the preliminary site plan. Such approval shall be governed by the following qualifications:
(a) The approval of a preliminary site plan by the Area Plan Commission indicates the general acceptability of the layout as submitted;
(b) The Area Plan Commission may introduce such changes or revisions as deemed necessary in the interests and heeds of the community;
(c) Preliminary approval shall be effective for a maximum period of three months. The Area Plan Commission may, provided good cause is shown and upon application, grant one extension for a period of 30 days; such application for extension shall be filed with the Plan Commission ten days prior to the expiration of the aforesaid three month period. If the final site plan has not been approved within this time, the preliminary site plan must again be submitted to the Plan Commission for approval;
(d) Any person feeling himself aggrieved by any action of the Area Plan Commission upon any proposed site plan, may apply in writing to the Area Plan Commission prior to its next meeting for modification of such action; and
(e) If the Area Plan Commission disapproves the site plan, it shall set forth its reasons in its own records and provide the applicant with a copy.
(D) Approval of final site plan. After the approval of the preliminary site plan by the Area Plan Commission and the fulfillment of the requirements of these regulations:
(1) The final site plan must be submitted in the form of an original tracing with waterproof ink on standard tracing cloth or approved equivalent and three prints thereof, shall be submitted to the Commission. The final site plan so submitted may include the entire area of the preliminary site plan as approved or such portions of it which shall provide consecutive development units. The final site plan shall be prepared at the same scale as the preliminary site plan as approved or such portions of it which will provide consecutive development units, and shall contain that information provided in the preliminary site plan. All final site plans shall be prepared by a registered engineer or land surveyor duly registered to practice in the State of Indiana with his seal affixed thereto and must have certification endorsed thereon, by the City (or Town) Engineer and the City (or Town) Street and Sewer Commissioner or County Highway Engineer (or County Commissioners) and the County Surveyor (or County Commissioners) that all streets, sidewalks, curbs, gutters, sanitary and storm drainage facilities meet current City, Town or County standards as to such facilities.
(2) The final site plan shall be acted upon at the first meeting of the Area Plan Commission following its submission, provided such plan has previously received preliminary approval, and provided the final site plan is submitted to the Director of the Area Plan Commission not less than 72 hours prior to such meeting. If the Area Plan Commission approves the final site plan, it shall affix the Commission’s seal upon the site plan together with the certifying signature of its President and Secretary.
(3) If the Area Plan Commission disapproves the final site plan, it shall set forth its reasons in its own records and provide the applicant with a copy.
(4) Upon approval of the final site plan by the Area Plan Commission, the applicant shall pay the designated fee by check or money order payable to the Area Plan Commission.
(5) All final site plans shall be recorded in the Office of the Recorder of Posey County, Indiana. Final site plan approval shall not become effective for the purposes of recording the site plan or action by the applicable local legislative body on the acceptance of streets until the Executive Director executes the site plan release.
(E) Site plan release. The Executive Director shall execute the site plan release upon certification by the appropriate local legislative body that is has received and has approved one of the following:
(1) A certificate submitted by the property owner and approved by the City (or Town) Engineer and the City/Town Street and Sewer Commissioner or by the County Highway Engineer (or County Commissioners) and the County Surveyor (or County Commissioners) stating that all improvements and installations in the mobile home park required for its approval have been made or installed in accordance with the requirements of this chapter; or
(2) A bond which shall:
(a) Run to the local legislative body;
(b) Be in the amount to complete the improvements and installations in compliance with the ordinance;
(c) Be with surety satisfactory to the local legislative body; and
(d) Specify the time for completion of the improvements and installations;
(3) Or, in the event the property owner has not received the certificate from local legislative body that the improvements and installations to the mobile home park have been made, and in the event the property owner elects not to furnish the bond required in (b) immediately preceding this subsection, then the Executive Director of the Commission may execute the plat release if he finds that all other matters comply with the general requirements of this chapter, and shall cause to be stamped or printed on the plat the following:
“Street, road and other minimum improvements have not been made and the public is notified that the City, Town or County will not accept the same for maintenance until owners of the various lots herein improve the same up to said minimum standards.”
(F) Final site plan forms. The following forms shall be used in the final site plan:
(1) Certificate.
UNDER AUTHORITY PROVIDED BY ORDINANCE ADOPTED BY THE APPLICABLE LOCAL LEGISLATIVE BODY IN POSEY COUNTY, INDIANA. THIS SITE PLAN WAS GIVEN FINAL APPROVAL BY THE AREA PLAN COMMISSION OF POSEY COUNTY AS FOLLOWS: Approved by the Area Plan Commission of Posey County at a meeting held
. President Secretary Date Plat Release |
(2) Engineer’s certificate.
I,
, hereby certify that I am a professional engineer/land surveyor licensed in compliance with the laws of the State of Indiana; that the site plan correctly represents a survey completed by me on insert date; that all monuments shown thereon actually exist; and that their location, size, type and material are accurately shown. SEAL AND NUMBER Signature |
(3) Owner’s certificate (dedication).
The undersigned (names), owner(s) of the real estate shown and described herein, do hereby certify that I (we) have laid off and platted, and do hereby lay off and plat said real estate in accordance with the site plan. The mobile home park shall be known and designated as (name). All streets and alleys shown and not heretofore dedicated, are hereby dedicated to the public. Front and side yard building setback lines are hereby established as shown on the plat; between which lines and the property lines of the streets, there shall be erected or maintained no buildings or structure or mobile homes. There are strips of land (number) feet in width shown on this plat and marked easements reserved for the use of public utilities for the installation of water, sewer mains, poles, ducts, lines and wires, subject at all times to the proper authorities and to the easement herein reserved. No structures, buildings or mobile homes are to be erected or maintained upon said strips of land. (Additional dedications and protective covenants, or private restrictions, would be inserted here upon the property owner’s initiative.) Signature |
(4) Owner’s certificate (no dedication).
If said mobile home park site plan contains no dedication to the public, streets or utilities; or should it be contemplated that the facilities of the applicable local jurisdiction shall not be used for maintenance of streets and sidewalks, then such owner shall be required to record with such mobile home site plan, a covenant that he will maintain said streets and sidewalks in compliance with the minimum standards as established by the applicable local jurisdiction, and that should he fail to maintain such standards in any of these respects, the applicable local jurisdiction may, after ten (10) days notice to such owners, effect all the necessary repairs or improvements as required to maintain said minimum standards, and the cost of all these and said necessary repairs or improvements shall become a lien against said real estate; and enforced and recorded as mechanic’s liens are enforced and recorded, against such real estate; and said covenant shall contain the following provision: That (name), being the owner(s) of the real estate contained in the above attached mobile home park site plan do hereby consent that if they or their assignees, heirs or those holding or owning said land through said owner(s) fail to maintain the streets and sidewalks according to and in compliance with the minimum standards for the maintenance of streets and sidewalks established by the applicable local jurisdiction, that after ten (10) days notice in writing to the owner of said real estate as shown upon the tax records in the Treasurer’s Office of Posey County and at the address shown thereon, then said owner, assignees, heirs and those holding or owning through said owner(s) hereby authorize the applicable local jurisdiction to make all necessary repairs and perform all necessary maintenance and further authorize said applicable local jurisdiction to file a mechanic’s lien against said real estate and enforce said lien pursuant to applicable laws. |
(Ord. 12-16, passed 8-8-12)
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