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NONCONFORMING USES
(A) Generally. The lawful use of a building or premises, existing at the time of passage of this chapter, which does not conform to the use regulations of the district in which it is located shall be deemed to be a legal, nonconforming use.
(B) Nonconforming uses.
(1) (a) Nonconforming uses are considered incompatible or undesirable with permitted uses in the districts in which the use is located. Within the districts established by this chapter there are nonconforming lots, structures and uses of land. These nonconforming lots, structures and uses of land were lawful prior to passage of this chapter, but are now prohibited, regulated or restricted.
(b) It is the intent of this chapter to permit these nonconforming uses to continue until they are removed.
(c) Existing registered (on file in Plan Commission office) nonconforming uses can be sold provided the future owner re-registers the business with the Plan Commission office. (All other regulations in this section still apply.)
(d) Nonconforming structures and uses shall not be enlarged upon, extended or expanded, with exceptions to residential homes in A1, A2, R1 and R2 Districts existing before the enactment of this chapter. These structures can obtain an ILP (§ 155.066) with out receiving a variance if the improvement is not proposed within required setbacks of that district. Illegal uses existing at the time this chapter is enacted shall not be validated by virtue of its enactment.
(2) To avoid undue hardship, this chapter does not require a change in the plans, construction or designated use of any building or development in which actual construction was lawfully begun prior to the effective date of adoption of this chapter. Where demolition and removal of a building has progressed to a significant degree, such demolition or removal shall be considered to be construction, provided that the work is carried on diligently.
(3) When a nonconforming use of land or structure is discontinued or abandoned for six consecutive months, the structure and/or premises shall thereafter be used in conformance with regulations of the district in which it is located.
(4) Where nonconforming use status applies to both a structure and premises, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(5) Any nonconforming structure damaged by fire, flood, explosion or other casualty may be reconstructed and used as before if the reconstruction is undertaken within 18 months of the casualty, and if the restored structure has no greater coverage and contains no greater cubic content than previously.
(6) Normal maintenance and repair of a structure containing a nonconforming use may be performed, provided there is not physical change to the structure and such maintenance or repair does not extend or intensify the nonconforming use.
(7) No building shall be erected or expanded and no use of land area expanded upon any premises devoted to a nonconforming use, except in conformance with all other provisions of this chapter.
(8) This chapter does not require any change in the plans, construction or designated use of a building for which a building permit or improvement location permit has been issued prior to the date of passage of this chapter and on which construction will be begun within 30 days after the date of the permit and diligently completed (within 18 months from beginning construction).
(9) This chapter does not require any change in the plans, construction or designated environmental management use of any county property for which a construction and/or operation permit has been filed with and/or issued by the Indiana Department of Environmental Management and/or the United State Environmental Protection Agency prior to the date of the passage of this chapter.
(10) When a nonconforming use is discontinued for six months, the use of the same shall thereafter conform to the uses permitted in the district in which it is located, and any nonconforming dwelling which is deficient in ground floor area, and which is removed from a lot, shall not relocate on the lot or be replaced by any other dwelling which is not in compliance with the requirements of this chapter. Notwithstanding the foregoing provision, an agricultural confinement feeding operation established prior to the enactment of this chapter may be discontinued for a period of up to two years and thereafter re-established without the need for a rezone, special exception or variance per other requirements of this chapter.
(Ord. passed 7-20-1992)
SPECIAL EXCEPTIONS
(A) Generally. Special exceptions are publicly or municipally operated uses traditionally affected with a public interest, and those uses entirely private in character but of such an unusual nature that their operation may raise unique problems with respect to their impact upon neighboring property and public facilities.
(B) Procedure.
(1) Upon receipt of an application for special exception, the Plan Director shall refer the application to the Board for public hearing.
(2) A copy of each application shall be referred concurrently to the Commission. The Plan Commission may, without public hearing, review the application for special exception and report on any effect the application might have upon the County Comprehensive Plan.
(3) In order for a special exception to be granted, the Board must find in writing that:
(a) The establishment, maintenance or operation of the special exception will not be injurious to the public health, safety or general welfare of the community;
(b) The special exception will not affect the use and value of other property in the immediate area in a substantially adverse manner; and
(c) The establishment of the special exception will be consistent with the character of the district (particularly that area immediately adjacent to the special exception) and the permitted land use.
(4) The Board may impose conditions as part of its approval to protect the public health, and for reasons of safety, comfort and convenience. All special exceptions are subject to the development standards of the county subdivision regulations §§ 154.110 through 154.118, 154.130 through 154.132, 154.145 through 154.147 and 154.160 through 154.171 if deemed necessary by the Board. The Board shall either direct the Plan Director to issue an improvement location permit for the special exception or to reject the application. The findings of the Board and its order to the Plan Director shall be in writing.
(C) Existing use.
(1) An existing use which is listed here as a special exception and which is located in a district in which the special exception may be permitted at the time of enactment of this chapter is a conforming use, providing the use meets the minimum development standards set forth in the respective districts.
(2) Any expansion of the special exception involving the enlargement of buildings, structures and land devoted to the use, shall be subject to the requirements and procedures described in this section.
(D) Delay.
(1) Any person who is issued an improvement location permit for a special exception must begin construction within nine months after the permit is issued; complete the special exception within two years after such construction is begun, whichever is later; and conform to the provisions of any restrictions or conditions which the Board imposed in conjunction with approval of the special exception by the Board and upon the basis of which the improvement location permit was issued.
(2) Persons failing to do so may be required by the Board upon its own motion, and shall be required by the Board upon written petition of any person, to show cause why such approval should not be withdrawn and such improvement location permit revoked.
(E) Alteration, change, amendment or extension. The holder of an improvement location permit for a special exception may apply to the Board at any time for an alteration, change, amendment or extension of the application or use upon which such permit was based.
(1) Upon receipt of the application, the Board shall proceed as in the case of original application for a special exception.
(2) If the Board approves and orders the application or use changed, altered, amended or extended, it shall notify the Plan Director who shall issue an amended improvement location permit.
(3) The Board may impose any additional reasonable requirements or conditions including, but not limited to, establishing building setback lines and lot sizes for a special exception use, if, in the Board’s judgment, additional requirements or conditions are necessary for the protection of the public health, safety, comfort and convenience.
(F) Uses classified as special exceptions. The following uses or structural alterations, which are classified as special exceptions, may be permitted by the Board of Zoning Appeals in the designated zoning districts in accordance with the procedure specified in this chapter.
(1) Abattoir (slaughterhouse): commercial processing of animals, including commercial hatcheries and poultry processing plants in the A1 District;
(2) Confined feeding operations in the A2 District;
(3) Airports and landing fields in the A1, A2 and I Districts;
(4) Archaeological sites, buildings or properties in all districts;
(5) Auditorium, community center, stadium, armory, gymnasium, public buildings and other similar places for public events in Commercial Districts;
(6) Bed and breakfast inn in the A1, A2, R1 and R2 Districts;
(7) Boarding or lodging house in the R2 District;
(8) Building material sales (with no outside storage or display area) in the CG District;
(9) Bus terminals in the CG and I Districts;
(10) Camps and campgrounds in the A1, A2, FP and PV Districts;
(11) Cement, lime and gypsum manufacturing, oil processing, refining and manufacturing in the I District;
(12) Churches, synagogue, temples, convents, monasteries, theological schools, rectories, parish houses and not-for-profit food or clothing pantry operated for a charitable purpose in all districts;
(13) Cement mixing, production of concrete blocks, cinder blocks and other similar building materials in the I District;
(14) Correctional and penal institutions in the I District;
(15) Confined feeding operations in the A2 District;
(16) Country clubs in the A1 and A2 Districts;
(17) Crematories in the CG and I Districts;
(18) Day care center; see nursery school;
(19) Elementary and secondary schools and colleges, public or private, but excluding music, dance and similar business schools in the CG District;
(20) Fat rendering; stock yards, slaughtering and allied food processing; leather curing and tanning in the I District;
(21) Feed stores in the CG District;
(22) Fertilizer manufacturing in the A1 District.
(23) Golf courses in the A2 District;
(24) Gun clubs in the A2 District;
(25) Heliports in the A2 District;
(26) Historic sites, buildings or properties in all the districts;
(27) Hospitals and sanitariums, public or private, in the A2 District;
(28) Hotels or motels in the CG District;
(29) Kennels in the A2 District;
(30) Lake developments - recreational uses in the A2 District;
(31) Large animal hospitals in the A2 District;
(32) Livestock sale or auction in the A2 District;
(33) Lodge or private club in the A1, A2 and R2 Districts;
(34) Manufacture and distribution of commercial fertilizers and agricultural chemicals in the A1 District;
(35) Marina in the A2, PV and FP District;
(36) Medical centers or clinics in the CG District;
(37) Mini warehouse in the CC, CG and I Districts;
(38) Mobile homes (manufactured type structures as defined in § 155.005) parks (in accordance with § 155.050(B)) in the A2 District;
(39) Monument works and stone cutting in the I District;
(40) Mortuaries and funeral homes without crematorium in the R2 and CG Districts;
(41) Daycare in all districts;
(42) Oil and gas exploration, pumping and temporary storage facilities allowed in all districts;
(43) Park and playground in the A2 District;
(44) Plumbing, electrical, heating, sheet metal, roofing showrooms and shops (with no outside storage or display of goods) in the CG District;
(45) Public or private schools with dormitories in the A1, A2, R1, R2 Districts;
(46) Public utility power plants, transformer stations, filtration and sewage disposal plants, pumping stations, water reservoirs and railroad rights-of-way in all districts except A1 and all residential districts;
(47) Recreation vehicle park in the A1, A2, FP, R2 and PV Districts;
(48) Riding stables in the A2 District;
(49) Road courses or race tracks in the CG, A1, and A2 Districts;
(50) Rock crushing, grinding or mulling in the A2 District;
(51) Sand, gravel and aggregate extraction and processing in the A2 and I Districts;
(52) Sawmill and kiln type operations in the A1 and A2 Districts;
(53) Stockyards-shipping, holding and sale of animals in the A1 and A2 Districts;
(54) Storage and use of explosive materials in the I District;
(55) (a) Storage or processing of salvage or scrap, junk yards and automobile wrecking in the I District, provided that the use is confined within closed buildings or in yards completely enclosed and surrounded by solid walls or solid fences at least eight feet in height; so that operation is not visible during any season of the year.
(b) Fences to be kept in good repair and satisfactory in appearance which includes:
1. No holes or missing pieces;
2. Consists of one natural or painted color; and
3. Displays no advertising unless allowed by permit under this chapter.
(56) Public swimming pools in the A2 and CG Districts;
(57) Tennis or swimming clubs in the A2 District;
(58) Tourist home in the A2 and R2 Districts;
(59) Trucking terminals in the I District;
(60) Veterinary clinics, including animal hospitals, in the A2 and CG Districts;
(61) Air strips for personal use in the A1 District;
(62) Recreational type activities and/or uses in the A1 and A2 Districts;
(63) Low impact/property occupation in the A1 and A2 Districts;
(64) Automobile, motorcycle, off-road vehicle and agriculture equipment repairs, parts or body shops in A1 and A2 Districts;
(65) Contractor’s equipment storage yard for the storage of equipment, vehicles, or other materials commonly used in the contractor’s type of business in all districts;
(66) Placement of propane distribution tanks in A1 and A2 Districts; and
(67) Microbrewery, winery or distillery for the production of beer, wine and distilled liquors/spirits in all zoning districts.
(68) Wind energy conversion systems in all zoning districts.
(69) Banquet hall/assembly facility/retreat center (may also include, but is not limited to, sports arenas, outdoor concerts, public theatre and dancing) in A1, A2, R1, and R2 Districts.
(70) Commercial solar energy conversion systems, as defined in Ordinance 2020-6-1 and incorporated by reference herein, in all zoning districts.
(Ord. passed 7-20-1992; Ord. 1994-6-20-2, passed 6-20-1994; Ord. 1996-12-2, passed 12-2-1996; Ord. 2001-12-17, passed 12-17-2001; Ord. 2012-3-5-1, passed 3-5-2012; Ord. 2012-6-18, passed 6-18-2012; Ord. 2012-12-3-3, passed 12-3-2012; Ord. 2013-9-4, passed 9-4-2013; Ord. 2014-10-6, passed 10-6-2014; Ord. 2014-12-15-B, passed 12-15-2014; Ord. 2015-6-1-1, passed 6-1-2015; Ord. 2015-6-1-2, passed 6-1-2015; Ord. 2019-5-6, passed 5-6-2019; Ord. 2019-12-2-3, passed 12-2-2019; Ord. 2020-6-1, passed 6-1-2020)
WIRELESS FACILITIES
(A) Title. These regulations shall officially be known, cited and referred to as the “Wireless Telecommunication Facility Regulations of Putnam County” (hereinafter “these regulations”).
(B) Purposes. In order to protect the public health, safety and general welfare of the community, while accommodating the communication needs of residents and business these regulations are necessary in order to:
(1) Facilitate the provision of wireless telecommunication services to the residents and business of the county;
(2) Minimize adverse visual effects of towers through careful design and siting standards;
(3) Encourage the location of towers in nonresidential areas through performance standards and incentives;
(4) Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and
(5) Provide mechanisms for the mitigation of tower proliferation through tower sharing requirements for all new tower applicants and those existing towers that are physically capable of sharing.
(C) Authority. The County Planning Department is vested with the authority to review, approve, conditionally approve and disapprove applications for wireless communication facilities, including sketch, preliminary and final plans.
(D) Jurisdiction.
(1) These regulations apply to all wireless communication facilities, as defined in § 155.126, located within the jurisdiction of the County Planning Department as provided by law.
(2) No wireless communications facility may be constructed within the jurisdiction without an approved and signed permit from the Planning Department after approval by the Board of Zoning Appeals.
(E) Enactment. In order that wireless communications facilities may be constructed in accordance to these purposes and policies, these regulations shall be in full force and in effect in the manner provided by law. All applications for wireless communication facility sitings pending on the effective date of these regulations shall be reviewed under these regulations.
(F) Interpretation, conflict and separability.
(1) Interpretation. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the protection of public health, safety and general welfare. These regulations shall be construed broadly to promote the purposes for which they are adopted.
(2) Conflict. These regulations are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law except as provided in these regulations. Where any provision of these regulations imposes restrictions different from any other ordinance, rule or regulation, statute or other provision of law, the provision, which is more restrictive or imposes higher standards shall control.
(3) Separability. If any part or provision of these regulations or the application of these regulations to any service provider or circumstances is adjudged invalid by any court of competent jurisdiction, the judgement shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgement shall be rendered and it shall not affect or impair the validity of the remainder of these regulations or the application of them to other service providers or circumstances. The County Board of Zoning Appeals hereby declares that it would have enacted the remainder of these regulations even without any such part, provision or application, which is judged to be invalid.
(G) Amendments.
(1) For the purpose of protecting the public health, safety and general welfare, the County Planning Department may from time to time propose amendments to these regulations which shall be approved or disapproved by the County Board of Commissioners at a public meeting following public notice.
(2) Realizing that communication technologies are evolving and changing quickly, future innovations may reduce the impacts of individual facilities and render portions of these regulations obsolete. Therefore, periodic review and revision of these regulations will be necessary.
(H) Public purpose. Regulations of the siting of wireless communication facilities is an exercise of valid police power delegated by the state and as stipulated in the Federal Telecommunications Act of 1996, being 47 U.S.C. Ch. 5, Subchs. I, II, and VI. The developer has the duty of compliance with reasonable conditions laid down by the County Board of Zoning Appeals.
(I) Enforcement and violations.
(1) The enforcement of these regulations shall be the responsibility of the Planning Department.
(2) The Board of Zoning Appeals reserves the right to hire a private technical consultant to review individual applications for wireless facilities at the cost of the applicant.
(Ord. 2001-12-17, passed 12-17-2001) Penalty, see § 155.999
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