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§ 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)
§ 155.005 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESSORY BUILDING. A subordinate structure, the use of which is incidental to that of the dominant use of the primary building or land.
   ACCESSORY DWELLING. A residential dwelling unit located on the same lot as a single-family dwelling unit. ACCESSORY DWELLING UNITS shall be developed in accordance with the standards set forth in Ord. 1999-4-5 (codified as Chapter 150 of this code of ordinances) and only in those zoning districts where the use is listed as a permitted use. The parcel shall be able to support a primary and backup septic system site for single-family dwelling unit and also a primary system site for accessory dwelling unit. The ACCESSORY DWELLING UNIT is to be a temporary use and reviewed by the Plan Commission on a yearly basis.
   ACCESSORY USE. A subordinate use which is incidental to that of the primary use and is a use other than human occupancy.
   AGRICULTURE. The use of land or structures for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, forestry, aquaculture, viticulture and commercial raising of livestock and related products; necessary accessory structures and uses such as tenant housing; and for the packing, treatment or storage of produce; provided that the operation of these accessory uses shall be secondary to that of the normal agricultural activities.
   AIR POLLUTION. The presence in the outdoor atmosphere of one or more air contaminants in quantities sufficient to be harmful to human, plant or animal life, or to property.
   ALLEY. A public right-of-way (other than a street, road, crosswalk or easement) that provides secondary access to abutting property.
   APPROVED. Acceptable to the appropriate authority by reason of investigation, accepted principles or tests by nationally recognized organizations.
   ASSEMBLY FACILITY. A building or portion of a building in which facilities are provided for group civic, educational, political, professional, religious, cultural, or social functions. See also BANQUET HALL.
   BANQUET HALL. An establishment which is rented by individuals or groups to accommodate private functions including, but not limited to, banquets, weddings, anniversaries and other similar celebrations. Such a use may or may not include:
      (1)   Kitchen facilities for the preparation or catering of food;
      (2)   The sale of alcoholic beverages, pursuant to all regulations by the State of Indiana, for on-premise consumption, only during scheduled events and not open to the general public;
      (3)   Outdoor gardens or reception facilities; and
      (4)   Overnight accommodations for attendees subject to local ordinances and regulations by the State of Indiana. See also ASSEMBLY FACILITY.
   BOARD. The Board of Zoning Appeals of Putnam County, Indiana.
   BUILDING. A structure built for the support, enclosure, shelter or protection of persons, animals, chattels or movable property of any kind, and which is permanently affixed to the land.
   BUILDING ADMINISTRATOR. The employee of the Plan Commission who issues permits, administers the daily office business of the Commission, and enforces the provisions of this chapter, all under the guidance, direction and control of the Commission.
   BUILDING AREA. The horizontal projected area of the buildings on a lot, excluding open areas or terraces, unenclosed porches not more than one story high, and architectural features that project no more than two feet.
   BUILDING FRONTAGE. The linear length of a building facing the right-of-way or the linear length of the right-of-way facing the building, whichever is smaller.
   BUILDING LINE. The line that establishes the minimum permitted distance on a lot between the front line of a building and the street right-of-way line.
   BUILDING PERMIT. See IMPROVEMENT LOCATION PERMIT.
   BZA. The Board of Zoning Appeals.
   CHILD CARE HOME. As defined by I.C. 12-7-2-33.7, as amended or replaced by the Indiana General Assembly. CLASS I CHILD CARE HOME and I.C. 12-7-2-33.8 (as amended or replaced by the Indiana General Assembly) CLASS II CHILD CARE HOME both apply to only a child care home that is used as the primary residence of the person who operates the child care home.
   CLINIC. Any establishment where human patients are examined and treated by doctors or dentists, but not hospitalized overnight.
   COMMISSION. The Putnam County Advisory Plan Commission.
   CONDITIONAL USE PERMIT. A permit issued by the Zoning Inspector upon approval by the BZA to allow a use other than a principally permitted use to be established within a district.
   CONFINED FEEDING. The confined feeding of animals for food, fur or pleasure, in lots, pens, ponds, sheds or buildings where all food is supplied by means other than grazing.
   CONFINED FEEDING OPERATIONS.
      (1)   Any confined feeding of 300 or more cattle, 600 or more swine or sheep, and 30,000 or more fowl;
      (2)   Any animal feeding operation where the operator elects to come under the state law;
      (3)   Any animal feeding operation that violates I.C. 13-18-10; or
      (4)   As defined by the Indiana Department of Environmental Management (IDEM) latest revisions or amendments.
   CONSERVATION SUBDIVISION. The grouping or concentration of dwellings/buildings on lots smaller then otherwise permitted in an existing zoning district in order to preserve quality land and/or open space without increasing the overall allowable density of a development, with the exception of bonus lots based on conservation areas.
   CONSTRUCTION. Work done which is beyond the preparation stage and into that stage where the changes and additions are made permanent.
   CONTRACTOR. A person or entity that agrees and becomes obligated to furnish materials or professional services for a price.
   CONTRACTOR EQUIPMENT STORAGE YARD. For the storage of equipment, vehicles or other materials commonly used in the contractor’s type of business. Excludes private landowners and their personal equipment solely engaged in forestry or agricultural activities on their own personal property.
   COUNTY COMMISSIONERS. The Putnam County Board of Commissioners.
   DAY CARE FACILITIES. Any place, home or institution which receives children not of common parentage, for care apart from their natural parents, legal guardians or custodians for a substantial part of the day.
   DEVELOPMENT. Any constructed change to improved or unimproved real estate, including, but not limited to, buildings, structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
   DISTILLERY. A facility where distilled liquors or spirits are produced in accordance with and subject to state or federal regulations.
   DWELLING. A permanent building or portion of (but not a mobile home), designed or used exclusively for residential occupancy, including single-family, two-family and multiple-family dwellings, but not including hotels, motels or lodging houses.
   DWELLING, MULTIPLE-FAMILY. A dwelling or portion thereof containing three or more dwelling units, including condominiums.
   DWELLING, TWO-FAMILY. A dwelling containing two dwelling units only.
   DWELLING UNIT SINGLE-FAMILY. One or more rooms which are used as living quarters for one family.
   ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities, municipalities or governmental agencies of underground or overhead gas, electrical, telephone, sewer, water transmission drains, sewers, pipes, conduit cables, fire alarm boxes, police call boxes, traffic signals, hydrants, street signs and other similar equipment and for the furnishing of adequate services for the public health, safety or general welfare, but not including buildings.
   FAMILY. One or more persons, each related to the other by blood, marriage or adoption, or a group not all related, but maintaining a common household in a dwelling unit, but excluding groups occupying hotels, motels, clubs or dormitories.
   FARM. An area used for agricultural operations, including truck gardening, forestry, the operating of a tree or plant nursery, or the production of livestock and poultry.
   FLOOD or FLOODWATER. The water of any lake or watercourse which is above the banks and/or outside the channel and banks of the watercourse.
   FLOOD DISTRICT. Refer to definitions of districts beginning in § 155.021.
   FLOOD HAZARD AREA. Any floodplain district, floodway district, floodway fringe district or any combination which is subject to inundation by the regulatory flood or any floodplain district delineated by Zone A on a flood hazard boundary map.
   FLOODPLAIN. The area adjoining the river or stream which has been or may be covered by floodwaters.
   FLOOD PROTECTION GRADE. The elevation of the lowest floor of a building, including the basement, which shall be two feet above the elevation of the regulatory flood.
   FLOODWAY DISTRICT. The area designated as a “Commission floodway” by the Indiana Department of Natural Resources. (IDNR).
   FLOODWAY FRINGE DISTRICT. That portion of the floodplain outside the floodway where development is allowed under certain restrictions.
   FLOOR AREA OF A BUILDING. The sum of the gross horizontal areas of the floors of a building or portion of area devoted to a specific use, including accessory storage areas located within selling or working space such as counters, racks or closets; and any basement floor areas devoted retailing activities, the production or processing of goods, or to business or professional offices. This definition can be used for determining off-street parking and loading requirements.
   FRONT YARD. A yard extending along the full length of the front lot line between side lot lines.
   GRADE. The average level of the finished surface on the ground adjacent to the exterior walls of the building or structure.
   HOME OCCUPATION. An occupation or activity conducted entirely within a dwelling by its occupants which is clearly incidental and secondary to the use of the building for dwelling purposes and does not occupy more than 25% of gross square footage.
   IMPROVEMENT LOCATION PERMIT (ILP). A document issued under provisions of this chapter permitting a person, firm, government or corporation to erect, construct, enlarge, alter or convert, any building or structure within its jurisdiction, or cause the same to be done or to change the use or condition of the land. The following improvements are excepted from an ILP: fences, sidewalks, patios, decks, flagpoles, mail boxes, agricultural drives and lanes, gates, portable sheds, new roofs on existing buildings, landscaping, play or tree houses, or dog houses.
   INDUSTRIAL ENVIRONMENTAL MANAGEMENT ACTIVITY. Those processes used to treat, store, recycle or dispose of industrial and hazardous wastes in a program subject to permitting by the Indiana Department of Environmental Management or the U.S. Environmental Protection Agency.
   INDUSTRIAL, HEAVY. The manufacture, storage, extraction, processing, assemblage, fabrication, storage, disposal or repair of certain materials or products where no continuous process involved will produce noise, vibration, electrical disturbance, air or water pollution, heat, glare, waste matter, odor or fire hazard which will disturb or endanger any neighboring property and where all operations and storage are entirely within fenced areas.
   INDUSTRIAL, LIGHT. The manufacture, storage, processing, assemblage, fabrication or repair of certain materials or products where all processes involved are clean, quiet and free of hazardous or objectionable elements, vibration, electrical disturbance, air or water pollution, heat, glare, waste matter, odor or fire hazard. All operations and storage occur entirely within enclosed buildings.
   JUNK YARD. A place, usually outdoors, where waste or discarded used property other than organic matter, including, but not limited to, automobiles, farm implements and trucks, is accumulated and is or may be salvaged for reuse or resale; this shall not include any industrial scrap metal yard or normal farming activities.
   KENNEL. An establishment licensed to operate a facility housing animals (such as dogs or cats) and where grooming, breeding, boarding, training or selling of animals is conducted as a business.
   LOT. A tract or parcel of land of sufficient size to meet minimum zoning requirements for use and area. Such LOTS shall have 50-foot minimum frontage on public streets.
   LOT, CORNER. A lot situated at the intersection of two or more streets.
   LOT DEPTH. The mean horizontal distance between a front lot line and rear lot line, measured within the lot boundaries.
   LOT OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded in the County Recorder’s office, or a parcel of land, the deed to which was recorded in the Recorder’s office prior to adoption of this chapter.
   LOT, THROUGH. A lot having frontage on two non-intersecting streets (as distinguished from a corner lot). Both street lines shall be deemed front lot lines.
   LOT WIDTH. The horizontal distance between side lot lines, measured at right angles to the lot depth at the established front building lines.
   LOW IMPACT/PROPERTY OCCUPATION.
      (1)   An occupation which is conducted by the deed holder (legal owner) of the property.
      (2)   The occupation must conform to the following:
         (a)   Will be conducted entirely within the described legal description on the deed;
         (b)   Will be conducted entirely within a single enclosed, permanently attached to the ground, built on site structure (this does not mean fences, and absolutely no outside storage, and no manufactured type structures);
         (c)   The owner of the property (as listed on title) shall be the only employee of the associated activity;
         (d)   Signs shall comply with the current zoning of the property, (absolutely no directional lighted signs; flashing arrows);
         (e)   The structure shall not exceed 3,000 square feet; and
         (f)   The type of occupation does not include mini warehouse, and/or storage type structures for the purpose of rental storage.
   MANUFACTURED HOME TYPE 1. A single-family dwelling unit designed and built in a factory, installed as a permanent residence, which bears a seal certifying that it was built in compliance with the Federal Manufacturing Housing Construction and Safety Standards Law (42 U.S.C. §§ 5401 et seq.), and which also complies with the following specifications:
      (1)   Shall have been constructed after January 1, 1981 and must exceed 950 square feet of occupied space per I.C. 36-7-4-1106(d);
      (2)   Is attached to a permanent foundation of masonry construction and has a permanent perimeter enclosure constructed in accordance with the One- and Two-Family Dwelling Code;
      (3)   Has wheels, axles and towing chassis removed;
      (4)   Has a pitched roof with a minimum rise of two to 12; and
      (5)   Consists of two or more sections which, when joined, have a minimum width of 23 feet.
   MANUFACTURED HOME TYPE 2. A dwelling unit built in a factory and bearing a seal of compliance with Federal Manufacturing Housing Construction Safety Standards or I.C. 22-12-1-5, which shall have a minimum of 720 square feet and is installed and anchored according to manufacturer’s specifications, but which need not be anchored to a permanent foundation and perimeter wall, and which need not have a pitched roof or siding of materials customarily used for site-constructed homes.
   MICROBREWERY. An establishment that produces specialized beers in accordance with and subject to state or federal regulations, for sale on premises in a tap room, or for sale in packages for later consumption off premises via retail carry-outs and/or through distribution. A MICROBREWERY may also in conjunction with the sale of beer on the premises, sell wine by the glass for consumption on premises.
   MINIMUM ROAD FRONTAGE. The minimum property on one side of a street or county road measured along the right-of-way of the street or county road between property lines as set out in §§ 155.020 through 155.033.
   MOBILE HOME. A transportable structure larger than 320 square feet, designed to be used as a year-round residential dwelling, and built prior to the enactment of the Federal Mobile Home Construction and Safety Act of 1974, being 42 U.S.C. §§ 5401 et seq., which became effective for all mobile home construction on June 15, 1976. (For the purpose of this chapter a mobile home manufactured after 1976 is defined as a MANUFACTURED HOME TYPE 2.)
   MOBILE HOME PARK. An area of land under single ownership used for the parking of three or more occupied motor homes.
   MOBILE HOME SITE. The area of land for the parking of one mobile home.
   MOBILE HOME SUBDIVISION. A residential subdivision designed exclusively for and occupied by mobile homes in which the homes and land are owned by the same person.
   NET BUILDABLE. The portion of a lot that can be developed with buildings, septic system and water well.
   NONCONFORMING STRUCTURE. A structure designed, converted or adapted for a use prior to the adoption of provisions prohibiting the use or structure in its location.
   NONCONFORMING USE. Any use or arrangement of land or structures legally existing at the time of enactment of this chapter or any of its amendments, which does not conform to provisions of this chapter.
   OCCUPIED SPACE. The total area of earth horizontally covered by a structure, excluding accessory structures such as (but not limited to) garages, patios and porches.
   OFF-STREET PARKING. The provision of parking spaces which are not located on any public right-of-way.
   PLANT AREA. The territory planned for extraction of sand, gravel or other earth materials and the operational installation for the excavating, processing and distribution of minerals.
   POND. A still body of water.
   PUBLIC SEWERAGE SYSTEM. A community sewer system including collection and treatment facilities established by the developer to serve a new subdivision, or an existing public sewer system, such system must be operated by units of local government, conservancy district and/or sewer district, all as defined by the Indiana Code and Indiana Department of Environmental Management. This does not include package treatment plant. The policy is: systems are encouraged to hook onto units of local government (i.e., municipal).
   PUBLIC WATER SYSTEM. A community water system including distribution facilities established by the developer to serve a new subdivision, designed to connect to existing public water system, such system must be operated by public/private company, unit of local government, conservancy district and/or water district, all as defined by the Indiana Code and Indiana Department of Environmental Management.
   PUBLIC UTILITY STRUCTURE. Electrical and telephone substations and distribution centers; filtration plants, pumping stations, water reservoirs, water and sewage treatment plants; telephone exchanges; radio and television transmitting or relay stations; antenna towers and other similar public utility service structures. This definition does not apply to wireless facilities.
   RECREATIONAL VEHICLE. A portable structure designed as a temporary dwelling for travel or vacation uses in a recreational park which:
      (1)   Is identified on the unit by the manufacturer as a travel trailer of a motor home; and
      (2)   Of a size that is street legal: or
         (a)   Is a structure mounted on an automobile or truck; and
         (b)   Is designed to be used for sleeping and human habitation.
   RECREATIONAL VEHICLE PARK. An area of land used for the parking of two or more recreational vehicles.
   REGULATORY FLOOD. A flood having a peak discharge which can be expected to be equaled or exceeded on the average of once in a 100-year period, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resources Commission. This flood is equivalent to a flood having a probability of occurrence of 1% in any given year.
   REGULATORY FLOOD PROFILE. A longitudinal profile along the thread of a stream showing the maximum water surface elevation attained by the regulatory flood.
   SALVAGE OR SCRAP METAL YARD.
      (1)   A general industrial use established independent or ancillary to and connected with another general industrial use, which is concerned exclusively in new and salvaged metal pipes, wire, beams, angles, rods, machinery, parts, filings, clippings and all other metal items of every type, and which acquires such items incidental to its connection with the other general industrial use or by purchase, consignment or bailment which stores, grades, processes, melts, cuts, dismantles, compresses, cleans or in any way prepares said items for reuse by the connected other general industrial use or for sale and shipment and use in other industries or businesses including open hearth, electric furnaces and foundry operations; such an establishment shall not include junk yards, dumps or automobile graveyards.
      (2)   The storage, dealing in or the permitting of the accumulation of significant quantities of combustible, organic or non-metal scrap materials such as wood, paper, rages, garbage, bones and shattered glass on the premises of such an establishment will disqualify it from being classified as a SCRAP METAL YARD, and the same will be classified as either a junk yard, a sanitary fill or refuse dump depending on the content of the accumulated matter.
   SETBACK. A line parallel to and equidistant from the relevant lot line (front, back and side) between which no buildings or structures may be erected.
   SIGN. A single or multi-faced structure or device designed to inform or attract the attention of persons not on the premises on which the structure or device is located.
   SIGN, ADVERTISING. A sign, including a billboard, which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where the sign is located or to which it is affixed.
   SIGN, BUSINESS. A sign which directs attention to a business, building, product, activity or service manufactured, sold or offered upon the premises (as the primary uses) where the sign is located.
   SIGN, GROSS AREA OF. The entire area with a single continuous perimeter enclosing the extreme limits of the sign. The perimeter shall not include any structural elements lying outside the limits of the sign and not forming an integral part of the display.
   SPECIAL EXCEPTION. The authorization of a use that is designated as such by this chapter as being permitted in the district concerned if it meets special conditions, and upon application, is specifically authorized by the Advisory Board of Zoning Appeals.
   STREET. A partially or fully improved public right-of-way which provides principal access to abutting property.
   STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground or is attached to something having a permanent location on the ground, except public utility, communication and electrical transmission lines, and support equipment and facilities.
   SUBSTANTIAL MODIFICATION.
      (1)   Any alteration, repair, enlargement or extension of a building.
      (2)   SUBSTANTIAL MODIFICATION is considered to occur when the first alteration of any wall, ceiling, floor or other structural element of the building begins.
      (3)   This term does not include either:
         (a)   Improvement of a structure to comply with health, sanitary or safety code specifications; or
         (b)   Any alteration of a structure listed on the National Register of Historic Places or the Indiana State Survey of Historical, Architectural, Archeological and Cultural sites, structures, districts and objects.
   SUPPLY YARDS. A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods. SUPPLY YARDS do not include the wrecking, salvaging, dismantling or storing of automobiles and similar vehicles.
   USE. The purpose or activity for which the land or building is designed, arranged or intended, or for which it is occupied or maintained.
   USE VARIANCE. The approval of a use other than that prescribed by this zoning chapter. Changes of allowed uses are not permitted by this chapter except by zoning map amendment.
   VARIANCE. A specific approval granted by the Advisory Board of Zoning Appeals in the manner prescribed by this chapter, to deviate from the development standards (such as height, bulk, area) that the chapter otherwise prescribes.
   WETLAND.
      (1)   Lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water.
      (2)   For purposes of this classification WETLANDS must have one or more of the following three attributes:
         (a)   At least periodically, the land supports predominantly hydrophytes, (water plants);
         (b)   The substrate is predominantly undrained hydric soil; and
         (c)   The substrate is non-soil and is saturated with water or covered by shallow water at some time during the growing season of each year.
   WINERY. A facility where vinous liquors are produced in accordance with and subject to state or federal regulations.
   YARD. (See FRONT YARD.) An open space on the same lot with a building or structure, unoccupied and unobstructed from its lowest level upward, except as otherwise permitted by this chapter.
   YARD, REAR. A yard extending along the full length of the rear lot line between side lot lines.
   YARD, SIDE. A yard extending along a side lot from the front of the rear yard.
   ZONING. The division of an area into districts. The public regulation of the character and intensity of the use of the land, buildings and structures in accordance with a Comprehensive Plan.
   ZONING DISTRICT. An area within which the zoning regulations are uniform.
   ZONING MAPS. Maps which show zoning districts.
   ZONING ORDINANCE. A legal tool for accomplishing the objectives of a land use plan. A regulatory measure designed to encourage high standards of development and to foster the most efficient use land.
(Ord. passed 7-20-1992; Ord. 1994-6-20-2, passed 6-20-1994; Ord. 1996-12-2, passed 12-2-1996; Ord. 1999-4-19-1, passed 4-19-1999; Ord. 2001-12-17, passed 12-17-2001; Ord. 2003-07-07-1, passed 7-7-2003; Ord. 2012-12-3-2, passed 12-3-2012; Ord. 2014-10-6, passed 10-6-2014; Ord. 2015-6-1-2, passed 6-1-2015; Ord. 2019-12-2-3, passed 12-2-2019)
DISTRICTS
§ 155.020 DISTRICTS GENERALLY.
   (A)   Land use and geographic features in the county were examined and classified. This resulted in the establishment of the following separate districts:
Table A: District Designation
District
District Designation
Table A: District Designation
District
District Designation
Floodplain
FP
Agriculture Protection
A1
Agriculture
A2
Residential - Low Density
R1
Residential - Medium Density
R2
Commercial Convenience
CC
Commercial General
CG
Industrial
I
Planned Unit Development
PUD
Preservation
PV
Mineral Extraction
ME
 
   (B)   These districts are defined on the zoning maps for the county. The zoning maps shall be kept and maintained by the County Plan Commission’s office and shall be available for inspection by the public.
(Ord. passed 7-20-1992)
§ 155.021 FLOODPLAIN DISTRICT (FP).
   (A)   Purpose. The purpose of this district is to regulate development in flood prone areas. The new construction of buildings and other new development or land uses in the flood hazard areas of the county, if not properly regulated to account for the potential hazard, could result in the loss of life and property, create health and safety hazards, and lead to extraordinary expenditures for flood protection and relief. Development of these areas is not essential to the orderly growth of the community. These lands are suitable for open space and other uses that do not require structures or fill. The identification of the floodplain, which includes the floodway and flood fringe, has been made by the Federal Flood Insurance Administration of the Federal Emergency Management Agency. The Indiana Department of Natural Resources shall exercise primary jurisdiction in the floodway under the provisions of I.C. 14-28-1 et seq.; however, the Plan Commission or Board of Zoning Appeals may impose terms and conditions on any permits they issue which are more restrictive than those imposed by the Indiana Department of Natural Resources.
   (B)   Permitted uses.
      (1)   The following low flood damage potential uses/activities do not obstruct flood flows and are allowed in the FP District, provided they do not require structures, fill or storage of materials or equipment:
         (a)   Agricultural uses such as farming, grazing, truck farming and horticulture;
         (b)   Forestry and nursery uses;
         (c)   Outdoor recreational uses, including fishing, boating, hiking, bicycling and horseback riding;
         (d)   Conservation of soil and water, plants and wildlife;
         (e)   Wildlife management areas;
         (f)   Wells and utility lines; and
         (g)   Buildings lawfully existing prior to the adoption of these provisions.
      (2)   The above and foregoing uses shall be permitted provided they do not require the extensive use of structures or storage of materials or equipment; however, in no event shall the use of fill from either within or without the Floodplain District be allowed without the specific permission from and authority of the Department of Natural Resources.
   (C)   Prohibited uses. The following uses are specifically prohibited in the floodplain, except where allowed by special exception:
      (1)   The storage or disposal of any soil, loam, peat, sand, gravel, rock or other mineral substance, refuse, trash, rubbish, debris or dredged soil, except by special exception;
      (2)   The drainage, excavation or dredging, or removal or relocation of loam, peat, sand, gravel, soil, rock or other mineral substance, except as necessary to work, or permitted as of right or by special exception;
      (3)   The storage or disposal of materials used for snow and ice control including sand, salt and other deicing chemicals;
      (4)   The manufacture, storage or disposal of hazardous wastes;
      (5)   Solid waste landfills, junk yards, salvage yards and dumps; and
      (6)   Septic tanks and fields.
   (D)   Nonconforming uses. Any building, structure, or use of land in the Floodplain District which is not in conformance with this chapter constitutes a nonconforming use. All applications to repair, extend or enlarge a nonconforming use shall be forwarded to the Indiana Department of Natural Resources and shall be incorporated into the issuance of any local permit.
   (E)   Issuance of improvement location permit.
      (1)   The Plan Commission shall keep and maintain all records, including all first floor elevations, certificates, plans and other materials associated with any permit or variance issued within the floodplain.
      (2)   (a)   The Plan Commission shall not issue an improvement location permit within the floodplain until the applicant submits evidence that:
            1.   A proper permit or letter or recommendation for it has been granted by the Indiana Department of Natural Resources;
            2.   All buildings or additions to existing buildings shall have flood protection grades at least two feet above the regulatory flood; and
            3.   No use shall increase the base flood level of a regulatory flood.
         (b)   A commercial or industrial well will not adversely effect any municipal water supply source.
      (3)   The Plan Commission shall not issue an improvement location permit for a mobile home in a floodplain.
      (4)   All applications for improvement location permits involving new construction or substantial improvement to existing buildings shall be accompanied by an elevation certificate which needs to be completed by the applicant and have the lowest floor elevation certified by a licensed professional engineer or land surveyor. The elevation certificate should be presented to the Plan Director at the time the owner is applying for a certificate of occupancy.
   (F)   General disclaimer in areas of potential flooding. In the floodplain, floodway and flood fringe areas defined in this chapter, the degree of flood protection established is considered reasonable for regulatory purposes and is based on engineering and scientific considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by constructed or natural causes such as ice or debris jams. This chapter does not imply that areas outside flood hazard areas as defined in this chapter shall be free of flooding or flood damage. This chapter does not create any liability on the part of the county, the Plan Commission, Indiana Department of Natural Resources, the state or any elected or appointed official or employee of them for any flood damages that result from any reliance on this chapter or any administrative decision lawfully made under it.
   (G)   Mapping disputes. In a case where a property owner disputes the boundaries of a zoning district, flood protection grade data or regulatory flood profile data, the owner shall file a written protest with the Plan Director. The written protest shall document the disputed area, and be prepared and attested to by a registered professional engineer. The protest then will be submitted by the Plan Director to the Plan Commission. The item of dispute will be brought to the attention of the Indiana Department of Natural Resources, and in no case will such data be revised without the written approval of the Indiana Department of Natural Resources.
   (H)   Basis for establishing a Floodplain District. The FLOODPLAIN DISTRICT is defined as that area shown as the regulatory flood or identified as the special flood hazard area (SFHA) on the flood hazard boundary map of Putnam County prepared by the Federal Emergency Management Agency (FEMA) and dated February 24, 1978.
   (I)   Abrogation and greater restrictions. This chapter repeals and replaces other ordinances adopted by the county to fulfill the requirements of the national flood insurance program. However, this chapter does not repeal the original resolution or ordinance adopted to achieve eligibility in the program. Nor does this chapter repeal, abrogate or impair any existing easements, covenants or deed restrictions. Where this chapter and other ordinance easements, covenants or deed restrictions conflict or overlap, whichever imposes the more restrictive restrictions shall take precedence. In addition, the county shall assure that all national flood insurance regulations (contained in 44 C.F.R. Part 60.3) and state floodplain management regulations and laws (312 I.A.C. 10-1-1 et seq.) are met.
(Ord. passed 7-20-1992)
§ 155.022 AGRICULTURE PROTECTION DISTRICT (A1).
   (A)   Purpose. This district is established to protect suitable land for active agricultural production in the county. Agricultural production is recognized as the primary economic activity in the county, and certain lands are particularly suited to such uses because of their size, configuration, soil, topography and location in relation to other land uses. This district is intended to prevent the conversion of such agricultural lands to urban uses and to promote the compatibility of land uses in the county.
   (B)   Permitted uses.
      (1)   Field crop farm;
      (2)   Truck crop farm;
      (3)   Animal husbandry;
      (4)   Kennels;
      (5)   Stables;
      (6)   Forestry;
      (7)   Veterinary office;
      (8)   Nursery or greenhouse;
      (9)   Grazing;
      (10)   Public utilities (does not apply to wireless facilities);
      (11)   Feed stores, excluding the milling or grinding of any feed for commercial purposes;
      (12)   Confined feeding operations;
      (13)   Spreading or injecting animal wastes; and
      (14)   Fertilizer storage.
   (C)   Permitted accessory uses and structures.
      (1)   Single-family dwelling
      (2)   Manufactured home Type 1 and 2;
      (3)   Roadside stand;
      (4)   Truck farm market;
      (5)   Home occupation;
      (6)   Primary farm processing;
      (7)   Any use customarily accessory to any permitted use;
      (8)   Grain storage;
      (9)   Storage and management of animal wastes;
      (10)   Barns, tool sheds and implement storage buildings;
      (11)   Conservation subdivision(s); and
      (12)   Accessory dwelling.
   (D)   Development standards.
      (1)   The minimum parcel size for all uses in the A1 District shall be five acres, or the minimum acreage estimated by the County Health Department for a primary and backup septic system site, whichever is greater. The minimum lot frontage on road is 350 feet.
      (2)   Minimum development standards for the A1 District shall be as shown on the following chart.
Residential Use
Farm/Other Structures
Special Exception*
Residential Use
Farm/Other Structures
Special Exception*
Front setbacks
 
 
 
   Collector
80 ft.
50 ft.
80 ft.
   Local
60 ft.
50 ft.
60 ft.
Maximum building height
35 ft.
No limit
35 ft.
   Lot size
5 acres
No limit
5 acres
Minimum lot frontage on road or street
350 ft.
350 ft.
NA
Minimum lot width
350 ft.
No limit
300 ft.
Minimum setbacks for any side of lot abutting
   Arterial
120 ft.
120 ft.
120 ft.
   Freeway
200 ft.
200 ft.
200 ft.
Side setbacks
30 ft.
30 ft.
50 ft.
Rear setbacks
30 ft.
30 ft.
50 ft.
*   Setback requirements for confined feeding operations are in § 155.051
 
      (3)   Any portion of a pond or pond dam shall be set back 15 feet from any property line.
      (4)   No abandoned, junked, inoperable or derelict vehicles, machinery, farm machinery, equipment or miscellaneous scrap or building debris may be stored in front yards.
(Ord. passed 7-20-1992; Ord. 1994-6-20-2, passed 6-20-1994; Ord. 1999-4-19-1, passed 4-19-1999; Ord. 2001-12-17, passed 12-17-2001; Ord. 2012-9-4, passed 9-4-2012; Ord. 2012-12-3-1, passed 12-3-2012; Ord. 2012-12-3-2, passed 12-3-2012; Ord. 2013-4-1-B, passed 4-1-2013; Ord. 2013-4-13, passed 4-16-2013; Ord. 2013-12-2-B1, passed 12-2-2013)
§ 155.023 AGRICULTURE DISTRICT (A2).
   (A)   Purpose. This district is established to permit the full range of agricultural activities as well as certain planned large lot residential development with development standards, which protect the full range of agricultural uses as determined by the Plan Commission, and other uses customarily conducted in agricultural areas. This use is primarily located along highways and scenic corridors, and adjacent to municipalities.
   (B)   Permitted uses.
      (1)   Uses permitted in the A1 Agricultural Protection District, except confined feeding operations, kennels and manufactured home Type 2;
      (2)   Single-family dwellings;
      (3)   Farms and farm buildings;
      (4)   Public parks; and
      (5)   Feed stores, including the milling or grinding of any feed for commercial purposes.
   (C)   Permitted accessory uses and structures.
      (1)   Roadside stand;
      (2)   Accessory buildings as related to agriculture or single-family residential use;
      (3)   Home occupation;
      (4)   Conservation subdivision(s); and
      (5)   Accessory dwelling.
   (D)   Development standards.
      (1)   The minimum parcel size for all uses in the A2 District shall be three acres or the minimum acreage estimated by the County Health Department for a primary and backup septic system site whichever is greater.
      (2)   Minimum lot frontage on road and lot width at building line shall be 200 feet.
      (3)   Any portion of a pond or pond dam shall be set back 15 feet from any property line.
Residential Use
Farm Structures
Residential Use
Farm Structures
Front setbacks
   Collector
60 ft.
50 ft.
   Local
50 ft.
50 ft.
Lot size
3 acres
No limit
Maximum building height
35 ft.
No limit
Minimum lot width
200 ft.
200 ft.
   Lot frontage on road or street
200 ft.
200 ft.
Minimum setbacks for any side of lot abutting
 
 
   Arterial
80 ft.
80 ft.
   Freeway
200 ft.
200 ft.
Rear setbacks
30 ft.
30 ft.
Side setbacks
30 ft.
30 ft.
 
      (4)   No abandoned, junked, inoperable or derelict vehicles, machinery, farm machinery, equipment or miscellaneous scrap or building debris may be stored in front yards.
(Ord. passed 7-20-1992; Ord. 1999-4-19-1, passed 4-19-1999; Ord. 2012-9-4, passed 9-4-2012; Ord. 2012-12-3-2, passed 12-3-2012)
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