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§ 155.028 INDUSTRIAL DISTRICT (I).
   (A)   Purpose. Uses located in this district encompass light and heavy industrial activities. Heavy industrial activities are generally major operations and extensive in character, and require large sites, open storage and service areas, quick access to regional transportation, and generate nuisances such as smoke, noise, vibrations, dust, glare, air pollution and water pollution. Heavy industrial uses should be located away from residential and commercial uses. Light industrial uses are relatively clean, quiet and free of smoke, noise, color or dust.
   (B)   Permitted uses.
      (1)   All uses permitted in the Commercial Convenience and Commercial General Districts, except for residential uses;
      (2)   Detached or attached offices for employees or guests of the facility. Service facilities for the offices shall be completely within the building and shall not display any exterior advertising;
      (3)   Farm buildings and structures;
      (4)   Public and private utilities;
      (5)   Mass transportation terminals, except for truck terminals;
      (6)   Recreation areas established for the convenience and use of employees of the facility;
      (7)   Temporary buildings and structures incidental to the development of land or buildings, provided they are removed at the termination of development or construction;
      (8)   Radio and television towers, and studios;
      (9)   Assembly operations for pre-manufactured parts;
      (10)   The canning, bottling, processing and packaging of food;
      (11)   The manufacture of portable household appliances, electric hand tools, electric motors, electric and neon signs, jewelry, leather products, pharmaceuticals, medicines, cosmetics, optical goods, recording instruments, mattresses, cans and non-glass containers, cabinets, communication equipment, office equipment and cloth products;
      (12)   Warehouse and distribution operations;
      (13)   Machine, welding and tool and die shops;
      (14)   Animal clinics and veterinary clinics;
      (15)   Industrial environmental management activities, excluding sanitary landfills primarily used for the management of municipal solid waste; and
      (16)   Construction and trucking contractor operations.
   (C)   Special uses. The following special uses may be permitted, depending on approval by the County Plan Commission:
      (1)   Arsenal;
      (2)   Central mixing plant for mortar, plaster, concrete, paving material or asphalt;
      (3)   Dehydration plant;
      (4)   Fertilizer manufacturing;
      (5)   Grain elevator and storage;
      (6)   Cement lime ingredient, lime, gypsum, plaster;
      (7)   Petroleum refinery and distillation;
      (8)   Smelting of ore or metal;
      (9)   Soy bean processing plants;
      (10)   Wholesale or bulk storage of gasoline or other petroleum products;
      (11)   Railroad storage yards or shops;
      (12)   Junk, automobile or salvage yards;
      (13)   Meat packing plants;
      (14)   Sanitary landfills, reduction or incineration of trash, garbage, offal or dead animals;
      (15)   Fat rendering; and
      (16)   Manufacture of acid, alcohol, ammonia, bleaching powder, celluloid, chlorine, explosives, gas, glue, pyroxylin or notrocellulose.
   (D)   Development standards. The Industrial District is subject to the following development standards.
      (1)   Minimum lot area: one acre, building coverage shall not exceed 30% of the lot area (per building).
      (2)   Minimum lot width: 100 feet.
      (3)   Maximum height of building:
         (a)   Twenty five feet for principal buildings; and
         (b)   Twenty-five feet for accessory buildings.
      (4)   Minimum front yard: 100 feet.
      (5)   Minimum rear and side yard: 20 feet in nonresidential districts and 100 feet if a dwelling abuts the principal building.
      (6)   Minimum setbacks on any side of lot abutting freeway and arterial:
         (a)   All sides facing freeway: 200 feet; and
         (b)   All sides facing arterial: 120 feet.
      (7)   Storage: all materials or products shall be kept within enclosed fencing or buildings. Storage of materials within the enclosure shall not exceed the height of the wall, fence or vegetative screen. The total area devoted to outside storage shall not exceed 25% of the total gross area of the enclosed structure.
      (8)   Screening: where a front, side or rear yard abuts a dwelling or residential zone, a masonry wall, solid wood fence or continuous hedge or row of shrubbery or evergreen trees shall be provided along or within 20 feet of the zone lot line. Such screening shall be at least six feet high at time of planting or construction. Shrubs or trees must be spaced to block view year around.
      (9)   Additional commitments may be required by the Plan Commission where certain industrial uses present site developments circumstances that are unique, unsightly, dangerous, noisy or other reasons deemed necessary by the Commission due to the great diversity of uses permitted under this district.
      (10)   No abandoned, junked, inoperable or derelict vehicles, machinery, farm machinery, equipment or miscellaneous scrap or building debris may be stored in front yards.
      (11)   Any portion of a pond or pond dam shall be set back 15 feet from any property line.
(Ord. passed 7-20-1992; Ord. 1994-6-20-2, passed 6-20-1994; Ord. 2003-07-07-1, passed 7-7-2003)
§ 155.029 PLANNED UNIT DEVELOPMENT DISTRICT (PUD).
   (A)   Purpose. The purpose of the Planned Unit Development (PUD) District is to provide for alternative land developments where a variety of residential, commercial or industrial uses are planned and developed as a whole. PUDs allow for more flexible lot size and setback standards. A PUD shall conform to the following.
      (1)   The number of dwelling units erected shall not exceed the number approved by the Plan Commission on the Master Plan unless a density increase is approved by the Plan Commission.
      (2)   Only land uses that are approved on the Master Plan may be permitted within a PUD.
      (3)   Up to 10% of the gross land area in a PUD may be used for commercial, industrial and non-recreation public uses, provided that the Plan Commission finds that the uses are necessary or desirable and are appropriate with respect to the primary purpose of residential development.
      (4)   Each PUD shall have common open space. Common open space may include street rights-of-way, driveways and parking lots which directly serve recreational areas. At least 10% of the
gross land area in a PUD shall be allocated for parks, open space and recreational purposes.
      (5)   All utilities, including communication and electric systems shall be placed underground within the limits of the development or effectively screened. What constitutes effective screening shall be determined by the Plan Commission.
      (6)   The development plan shall include a common water supply and distribution system, either public or private, shall meet the approval of the Plan Commission and the local health official, and shall be built at no expense to the local government.
      (7)   The development plan shall include a sanitary sewer system connected to a public sewer system, if available within a reasonable distance from the project, or it shall provide for a central collection and treatment system in accordance with the requirements of both the Plan Commission and the County Health Department.
      (8)   The plan of the project shall provide for the integrated and harmonious design of buildings in the commercial and industrial areas and the parcels shall be developed in park-like surroundings. The parcels shall be landscaped, and woodlands used to screen lighting, parking areas and loading areas from adjacent residential areas.
   (B)   Procedure for approval of a PUD. Generally, the procedure for subdivision plat approval as outlined in the county subdivision regulations shall be followed with these exceptions.
      (1)   The applicant shall submit a preliminary site plan (Master Plan) in triplicate to the Plan Commission which includes, but is not restricted to, the following information:
         (a)   Location and boundaries of tract to be developed, showing the general layout of streets and the existing and proposed land uses of all areas;
         (b)   Tentative placement of all improvements on the site, showing how recommendations of this chapter have been used;
         (c)   General proposals on densities for residential and other uses. To allow for sufficient flexibility, the Plan Commission may allow minor shifts in use locations and densities, provided that the general overall plan is adhered to; and
         (d)   The proposed schedule for development of the site.
      (2)   The Plan Commission shall give notice of acceptance or rejection of the proposal within 60 days. Reasons for rejection along with suggestions for revisions shall be given in writing. The developer may resubmit plans after the suggested corrections or additions are made.
   (C)   Development standards.
      (1)   A planned residential or residential/commercial development must comprise an area of at least ten acres.
      (2)   A planned office development must comprise an area of at least two acres.
      (3)   A planned commercial development must comprise an area of at least four acres.
      (4)   A planned industrial development must comprise an area of at least four acres.
      (5)   All minimum requirements for development standards shall be proposed by the applicant and approved by the Plan Commission.
      (6)   No abandoned, junked, inoperable or derelict vehicles, farm machinery, equipment or miscellaneous scrap or building debris may be stored within PUD boundaries.
   (D)   State legislation. This section shall also recognize I.C. 36-7-4-1508, I.C. 36-7-4-1403 and I.C. 36-7-4-601.
(Ord. passed 7-20-1992; Ord. 2006-9-5, passed 9-5-2006)
§ 155.030 PRESERVATION DISTRICT (PV).
   (A)   Purpose. The purpose of this district is to retain and promote open space historic and scenic views, the surroundings of culturally significant buildings or structures, and the ecologically significant land adjacent to rivers. The Preservation District will also minimize soil erosion, siltation and water pollution.
   (B)   Permitted uses.
      (1)   Agriculture;
      (2)   Agricultural buildings;
      (3)   Forestry;
      (4)   Water management facilities;
      (5)   Water use facilities;
      (6)   Lakes;
      (7)   Public or private picnic areas, marinas and beaches, and bridle and bicycle paths;
      (8)   Parks and forest preserves;
      (9)   Permanent individual lot single-family homes; and
      (10)   Public and private camps or campgrounds.
   (C)   Restricted uses.
      (1)   Certain uses may be permitted in the Preservation District after public hearings. These conditional uses may be subject to specific requirements as determined by the Plan Commission.
      (2)   These conditional uses are:
         (a)   Public utility substations;
         (b)   Booster stations; and
         (c)   Radio and television relay towers.
      (3)   Uses specifically excluded in the Preservation District are permanent mobile homes and all commercial and industrial land uses.
   (D)   Development standards.
      (1)   No building shall be erected within 50 feet of the right-of-way of any public street, road or highway, nor within 15 feet or one foot for each foot of building height, whichever is greater, of any lot line.
      (2)   Any improvement located in the floodplain is subject to the regulations of the Floodplain District.
      (3)   No abandoned, junked, inoperable or derelict vehicles machinery, farm machinery, equipment or miscellaneous scrap or building debris may be stored anywhere in the district.
      (4)   Any portion of a pond or pond dam shall be set back 15 feet from any property line.
(Ord. passed 7-20-1992)
§ 155.031 ME-MINERAL EXTRACTION DISTRICT.
   (A)   Generally.
      (1)   The following regulations shall pertain only to those mining and extracting operations initiated after the formal adoption of this chapter.
      (2)   All existing operations and contiguous lands owned or leased by the mining company for the purpose of mineral extraction shall not be subject to the conditions and requirements of this chapter. These areas need to be on file in the County Plan Commission office prior to the formal adoption of this chapter.
      (3)   Mineral extraction: nothing in this chapter shall prevent the use and alienation of mineral resources by the owner or alienee.
      (4)   No production shall be started until the Plan Commission has made a written determination with respect to the conditions under which such operation shall be conducted. The Plan Commission shall investigate the area to be developed, as well as the surrounding area, in order to determine the conditions to be prescribed so as to protect surrounding property.
   (B)   Purpose. The purpose of this district is to provide land for the mining, excavation, processing and storing of mineral resources. This district is designed to ensure that these resources are properly managed and that all land which mineral extraction has occurred will be left in such condition, so as to not create a hazard or nuisance which either immediately or in the future affects the health, safety or general welfare of the community.
   (C)   Permitted uses. The plant area will be used for the following: the excavation, processing, storage, stockpiling, distribution and sale of the following:
      (1)   Stone;
      (2)   Gravel;
      (3)   Sand;
      (3)   Clay;
      (5)   Shale; and
      (6)   Other earth materials which exist in a solid state.
   (D)   Special exceptions. The following uses may be permitted when they are determined to be functionally beneficial to the extraction activity, appropriate to the location and environs, and not detrimental to adjoining lands:
      (1)   Concrete mixing plants;
      (2)   Manufacturing plants for portland cement;
      (3)   Mixing plants for asphaltic concrete; and
      (4)   Concrete block, pipe, beam, slab or panel plants.
   (E)   Development standards.
      (1)   Grading and slopes. In the properties final (reclamation) state the following grading and sloping standards shall apply.
         (a)   Where material is sand and gravel, a final slope shall not be steeper than one and one-half feet horizontal to one foot vertical.
         (b)   Unconsolidated materials other than sand and gravel shall not be sloped steeper than one and one-half foot horizontal to one foot vertical.
         (c)   In materials where vertical walls have a history of stability (such as limestone, dolomite, sandstone, shale and similar materials), no sloping shall be required if any overlaying unconsolidated materials are sloped as described in divisions (E)(1)(a) and (E)(1)(b) above and a horizontal shelf at least ten feet wide is present between the bottom of the slope and the top of the vertical wall.
      (2)   Fencing. If an open excavation greater than ten feet in depth exists, a substantial fence shall be maintained either on the property line or at least 200 feet outside the excavation. The fence shall be at least a six-wire, four-foot high fence, limiting access to the excavated area.
      (3)   Berming and screening. Earth berms must be constructed for the purpose of screening operations from the public. The height of the berm may be variable and will be supplemented with trees and shrubs.
      (4)   Blasting. Blasting shall be limited to Monday through Saturday, dawn to dusk.
      (5)   Ingress, egress and traffic safety. Plant areas shall have one primary access road and shall be constructed on a level with the pavement of any public street or highway for at least 80 feet. The 80 feet of road shall be improved with a concrete or asphalt surface. Adequate sight distance shall be maintained for traffic safety in compliance with the standards and requirements of the local highway authorities. Secondary access gates shall be kept closed except for passage.
      (6)   Off-street parking. Off-street parking shall be provided for all equipment and for cars of employees.
      (7)   Drainage. When the mineral extraction activity has been completed the property shall be well drained except for water impoundment and intended for wetlands. Erosion control will be implemented, storm water control will meet federal, state and county regulations.
      (8)   Setbacks. Extraction of the sought after mineral on leased or owned property shall not progress to a distance less than:
         (a)   One hundred feet from a property line, minor collector or lesser right-of-way (based on the County Thoroughfare Plan);
         (b)   Two hundred feet from an existing residential structure, not within a residential district, which existed before the mineral extraction operation, a major collector or greater road right-of-way (based on the County Thoroughfare Plan);
         (c)   Five hundred feet from an existing residential district which existed before the mineral extraction operation;
         (d)   One thousand feet from an existing public facility (buildings) which existed before the mineral extraction operation; and
         (e)   When improvements are considered on properties adjacent to a Mineral Extraction District, the setback for the adjacent use shall be increased to yield the same combined setback that would be required for an ME District to locate adjacent to a similar existing use.
   (F)   Rezoning. After the effective date of this chapter when rezoning to a Mineral Extraction District is sought, the following information shall be submitted to the Board:
      (1)   Maps of the site proposed for rezoning including the land within 1,000 feet in all directions and:
         (a)   Contour (U.S.G.S. seven and one-half degrees quadrangle maps recommended);
         (b)   Description of adjacent land use;
         (c)   Zoning classification of the proposed site and adjacent lands;
         (d)   Public right-of-way roads, railroad lines and easements;
         (e)   The area proposed for processing facilities and storage; and
         (f)   The proposed structures and their intended use.
      (2)   A description of the methods to be employed in the removal of overburden and the extraction of the sought after mineral;
      (3)   A description of potential post reclamation uses of the property; and
      (4)   All division (E) above.
(Ord. passed 7-20-1992; Ord. 2004-9-20, passed 9-20-2004)
§ 155.032 TABLE B: LOT REQUIREMENTS: A1, A2 AND R1.
Table B: Lot Requirements: A1, A2 and R1
A1 Resident/Farm
A2 Resident/Farm
R1
Individual Lots
Subdivision w/ Permit
Table B: Lot Requirements: A1, A2 and R1
A1 Resident/Farm
A2 Resident/Farm
R1
Individual Lots
Subdivision w/ Permit
Maximum building ht.
35 ft.
35 ft.
35 ft.
35 ft.
Minimum front setbacks
   Collector
80 ft.
50 ft.
60 ft.
50 ft.
80 ft.
60 ft.
   Local
60 ft.
50 ft.
50 ft.
50 ft.
60 ft.
60 ft.
Minimum lot frontage on road or street
350 ft.
350 ft.
200 ft.
200 ft.
Minimum lot size (sq. ft.)
5 acres
3 acres
3 acres
30,000
Minimum lot width
350 ft.
350 ft.
200 ft.
200 ft.
250 ft.
100 ft.
Minimum setbacks (all sides facing)
   Arterial
120 ft.
120 ft.
80 ft.
80 ft.
120 ft.
120 ft.
   Freeway
200 ft.
200 ft.
200 ft.
200 ft.
200 ft.
200 ft.
Rear setbacks
30 ft.
30 ft.
30 ft.
30 ft.
50 ft.
30 ft.
Side setbacks
30 ft.
30 ft.
30 ft.
30 ft.
50 ft.
15 ft.
 
(Ord. passed 7-20-1992; Ord. 1994-6-20-2, passed 6-20-1994; Ord. 2012-9-4, passed 9-4-2012; Ord. 2012-12-3-1, 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)
§ 155.033 TABLE C: LOT REQUIREMENTS: R2, CC, CG AND I.
Table C: Lot Requirements: R2, CC, CG and I
R2
CC
CG
I
Individual Lots
Subdivision w/Perm
Single
Duplex
Table C: Lot Requirements: R2, CC, CG and I
R2
CC
CG
I
Individual Lots
Subdivision w/Perm
Single
Duplex
Minimum lot size
1.5 net buildable acre
20,000 sq. ft.
30,000 sq. ft.
1 acre
1 acre
1 acre w/building no more than 30% of lot area
Minimum lot width
150 ft.
100 ft.
120 ft.
100 ft.
100 ft.
100 ft.
Maximum building ht.
35 ft.
35 ft.
35 ft.
20 ft.
25 ft.
25 ft.
Minimum all setbacks
   Arterial
120 ft.
120 ft.
120 ft.
100 ft.
100 ft.
120 ft.
   Freeway
200 ft.
200 ft.
200 ft.
100 ft.
100 ft.
200 ft.
Minimum front setback
   Collector
80 ft.
50 ft.
50 ft.
60 ft.
60 ft.
100 ft.
   Local
60 ft.
50 ft.
50 ft.
60 ft.
60 ft.
100 ft.
Rear setbacks (collector and local)
30 ft.
30 ft.
40 ft.
* 60 ft./20 ft.
* 60 ft./20 ft.
40 ft. (resident); 20 ft. nonresident
Side setbacks (collector and local)
25 ft.
15 ft.
20 ft.
* 60 ft./40 ft.
* 60 ft./40 ft.
40 ft. (resident); 20 ft. nonresident
*   60 ft. adjacent to residential property and 20 ft. or 40 ft. adjacent to other properties.
 
(Ord. passed 7-20-1992)
AUTHORIZED USES AND RESTRICTIONS
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