CHAPTER 155: ZONING
Section
General Provisions
   155.001   Preamble
   155.002   Title, interpretation and enactment
   155.003   Purpose
   155.004   Zone maps
   155.005   Definitions
Districts
   155.020   Districts generally
   155.021   Floodplain District (FP)
   155.022   Agriculture Protection District (A1)
   155.023   Agriculture District (A2)
   155.024   Residential District - Low Density (R1)
   155.025   Residential District - Medium Density (R2)
   155.026   Commercial Convenience District (CC)
   155.027   Commercial General District (CG)
   155.028   Industrial District (I)
   155.029   Planned Unit Development District (PUD)
   155.030   Preservation District (PV)
   155.031   ME-Mineral Extraction District
   155.032   Table B: Lot Requirements: A1, A2 and R1
   155.033   Table C: Lot Requirements: R2, CC, CG and I
Authorized Uses and Restrictions
   155.045   Accessory uses and structures
   155.046   Temporary uses of land or structures
   155.047   Signs
   155.048   Off-street parking and loading
   155.049   Recreational vehicle parks
   155.050   Mobile home parks
   155.051   Confined feeding operations
Administration and Enforcement
   155.065   Administrative responsibility
   155.066   Improvement location permit (ILP)
   155.067   Site plan review
   155.068   Permits and fees
Advisory Plan Commission, Advisory Board of Zoning Appeals and Hearing Officer
   155.080   Plan Commission
   155.081   Board of Zoning Appeals
   155.082   Hearing Officer
Nonconforming Uses
   155.095   Nonconforming uses
Special Exceptions
   155.110   Special exceptions
Wireless Facilities
   155.125   General provisions
   155.126   Definitions
   155.127   Wireless communication facility application procedure and approval process
   155.128   General approval standards
   155.129   General wireless communications facility performance standards
   155.130   Zoning specific wireless communication facility performance standards
 
   155.999   Penalty
GENERAL PROVISIONS
§ 155.001 PREAMBLE.
   (A)   A chapter establishing a zoning ordinance for the county, and providing for the administration, enforcement and amendment in accordance with the provisions of state law and for the repeal of all ordinances in conflict herewith.
      (1)   State law empowers the county to enact a zoning ordinance and to provide for its administration, enforcement and amendment.
      (2)   The County Commissioners deem it necessary for the purpose of promoting the health, safety or general welfare of the citizens of the county, to enact such a chapter.
      (3)   The County Commissioners pursuant to the provisions of state statutes, appointed a County Plan Commission to recommend the boundaries of various original districts and appropriate regulations to be enforced therein.
      (4)   The County Plan Commission has divided the county into districts and has prepared regulations pertaining to such districts in accordance with a Comprehensive Plan so that adequate light, air, convenience of access, and safety from fire, flood and other danger may be secured; that congestion in the public streets may be lessened or avoided; that property values may be preserved, that the public health, safety, comfort, conveniences and general welfare may be promoted.
      (5)   The County Plan Commission has given reasonable consideration to the character of the districts and their peculiar suitability for particular uses, with a view to preserving the value of buildings and encouraging the most appropriate use of land throughout the county.
      (6)   The County Plan Commission has given due public notice of hearings relating to zoning districts, regulations, and restrictions, and has held such public hearings.
      (7)   All requirements of Chapter 178, Acts of 1979, and as may heretofore be amended with regard to the preparation of the chapter have been met.
   (B)   Now, therefore, be it ordained by the county as follows.
(Ord. passed 7-20-1992)
§ 155.002 TITLE, INTERPRETATION AND ENACTMENT.
   (A)   Title. This chapter shall ho known and may be cited as the “Zoning Ordinance of Putnam County Indiana”.
   (B)   Provisions of chapter declared to be minimum requirements. In their interpretation and application, the provisions of this chapter shall be held to the minimum requirements adopted for the promotion of the public health, safety and general welfare. wherever the requirements of this chapter are at variance or in any other way conflict with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive, or that imposing the higher standards, shall govern.
   (C)   Severability. Should any section, subsection, paragraph, subparagraph, clause, word or provision of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.
   (D)   Effective date. This chapter shall be effective on September 1, 1992.
(Ord. passed 7-20-1992)
§ 155.003 PURPOSE.
   (A)   The purpose of this chapter is to:
      (1)   Encourage the most appropriate use of land and to plan for a logical and orderly growth pattern in the county;
      (2)   Make adequate provision for transportation, water, sewage, schools, parks and other public and commercial facilities and services;
      (3)   Preserve property values; and
      (4)   Preserve and improve the present health, safety and welfare of the citizens of the county through the provision of adequate light, air, convenience of access and safety from flood, fire and other hazards.
   (B)   The regulations established by this chapter for each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land. Buildings, structures or land shall be used, occupied, erected, constructed, reconstructed, moved or altered in conformity with the applicable regulations in the chapter. Yards or lots shall not be reduced in dimension or area below the minimum requirements established in this chapter. Yards or lots created after the effective date of this chapter shall meet the minimum requirements. No part of a yard or lot or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building. Buildings or structures shall be erected, constructed, reconstructed, moved, expanded or enlarged so that it does not exceed the height limitations established in the chapter. District regulations shall be as set forth in §§ 155.020 through 155.033 and other applicable sections adopted and declared to be a part of this chapter.
(Ord. passed 7-20-1992)
§ 155.004 ZONE MAPS.
   (A)   Establishment of zone maps. The zone maps adopted with this chapter are hereby established as the official zone maps and zoning districts of the county. Said maps designate the respective zoning districts in accordance with this chapter. In addition, special maps of the floodplain districts as prepared by the Federal Emergency Management Agency (FEMA) are also designated as part of the official zone maps.
   (B)   Zone maps included. The following maps are specifically identified and become a part of this chapter:
      (1)   County general zoning map; and
      (2)   Federal Emergency Management Agency (FEMA) maps for the county.
   (C)   Determination and interpretation of district boundaries.
      (1)   In determining the boundaries of districts, and establishing the provisions applicable to each district, due and careful consideration has been given to existing conditions, the character of buildings erected in each district, the most desirable use for which the land in each district may be adapted, and the conservation of property values throughout the areas of the county under the Commission’s jurisdiction.
      (2)   Where uncertainty exists as to the exact boundaries of any district as shown on the zone map, the following rules shall apply.
         (a)   In unsubdivided areas, or where a distinct boundary subdivides a lot, the exact location of the boundary shall be determined by use of the scale of the official aerial maps prepared by the County Auditor.
         (b)   Where a zoning district boundary divides a lot, the Plan Commission may extend the boundaries of a zoning district to a lot boundary, provided such extension shall not exceed 400 feet.
         (c)   In the case of further uncertainty, the Commission shall interpret the intent of the zone map as to the location of the boundary in question.
   (D)   Procedure relating to vacated areas. Whenever any street, place, alley, public way, railroad right-of-way, waterway or other similar area is vacated by proper authority, the districts adjoining each side of such street, alley, public way, railroad right-of-way or similar area shall be extended automatically to the center of such vacation and all areas included in the vacation shall then and thenceforth be subject to all appropriate provisions of the extended districts. In the event of a partial vacation, the adjoining district, or district nearest the portion vacated, shall be extended automatically to include all of the vacated area.
   (E)   Zoning of streets, alleys, public ways and railroad rights-of-way. All streets, alleys, public ways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same use district as the property immediately abutting upon these alleys, streets, public ways and railroad rights-of-way. If the centerline of a street, alley, public ways or railroad right-of-way serves as a district boundary, the zoning of those areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to that centerline.
(Ord. passed 7-20-1992)
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