Following are specific requirements for special exceptions. (The special exceptions are referred to by name and number indicated in § 156.404 of this chapter.)
(A) Adult day care. Same as those requirements for a health facility/nursing home;
(B) Adult entertainment/sexually oriented business.
(1) Minimum lot area: one acre;
(2) Minimum yards:
(a) Front: 50 feet;
(b) Side: 50 feet; and
(c) Rear: 50 feet.
(3) Development plan: development/site plan to be submitted with application and must depict accurate distances from adjoining properties for a distance of 1,500 feet;
(4) Use permitted not closer than 1,500 feet from a church, synagogue, school, residential district, or there are at least eight or more residential homes within 1,500 feet of the proposed use;
(5) In all other cases, the use shall be permitted not closer than 1,320 feet from a residential home;
(6) Screen planting: six-foot height by four-foot width effective at all times of the year;
(7) Fence: alternatively or in addition to screen planting, a fence six feet high and slatted for opacity may be required at the discretion of the Board of Zoning Appeals and the maintenance of said fence shall be the responsibility of the applicant;
(8) Maximum building height: 20 feet;
(9) Adequacy of sewer: Approval by appropriate governing agency required;
(10) Driveways/entrance: not more than one entrance from the street or road, and shall not be located closer to adjoining property than the minimum side yard setback (50 feet);
(11) Parking: one space per person of capacity of the proposed establishment/business, plus ten additional spaces; and
(12) Signs and lighting: outdoor signs and lighting shall be approved by the Board and shall be of such nature so as to minimize light being cast upon adjoining property.
(C) Airport or private landing strip.
(1) Minimum lot area:
(a) Eighty acres for airport; and
(b) Actual acreage for private landing strip.
(2) Minimum distance from Residential District or use for airport is one-half mile; for private landing strip, 200 feet;
(3) Fence: six-foot wire mesh where accessible to public;
(4) Screen planting: six feet height by six feet width where abutting residential use; tight screen, effective at all times of the year;
(5) Parking: one per employee, plus one per three seats in waiting room;
(6) Development plan: shall be submitted with application;
(7) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board;
(8) Height: 35 feet or as required by appropriate state or federal agency;
(9) Prior F.A.A. and state approval; and
(10) Accessory buildings are not permitted for private landing strip, except one hangar to house not more than two aircraft.
(D) Anhydrous ammonia or similar liquefied fertilizers, storage and distribution (commercial).
(1) Minimum yards in A-1 District:
(a) Front: 300;
(b) Side (each): 300; and
(c) Rear: 300.
(2) Minimum distance of parking area or loading berth from residential district or use: 300 feet;
(3) Fence: six-foot wire mesh fence where accessible to public;
(4) Drainage shall be controlled so that liquefied fertilizers shall not drain off the premises; and
(5) Development plan: to be submitted with application.
(E) Arcade/billiard room.
(1) Development plan: to be submitted with application; and
(2) Parking: as determined by the Board. Determination shall be based upon the expected number of parking spaces particular type of use would require to satisfy estimated peak parking load requirements.
(F) Artificial lake of three or more acres.
(1) A six-foot wire mesh fence where accessible to public; and
(2) Development plan: to be submitted with application.
(G) Assembly halls and grounds.
(1) Minimum lot area: one acre;
(2) (a) Minimum front yards: standard;
(b) Side: (each) 20; and
(c) Rear 15.
(3) Parking: as determined by the Board. Determination shall be based upon the expected number of parking spaces the particular type of use would require to satisfy estimated peak parking load requirements;
(4) Noise: noise should be confined to the premises;
(5) Development plan: to be submitted with application;
(6) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board;
(7) Security: security (whenever necessary) shall be furnished by applicant; and
(8) Height, maximum height of structure: 35 feet.
(H) Assisted living facility. Same as those for health facility/nursing home;
(I) Auction arena or sales yard (excluding livestock).
(1) Minimum lot area: two acres;
(2) Minimum yards:
(a) Front: 50 feet;
(b) Side (each): 40 feet; and
(c) Rear: 40 feet.
(3) Parking space: one per two employees, plus one per each 400 square feet of display, sales and auction area;
(4) Noise: noise shall be confined to the premises;
(5) Entrance: not more than one entrance from street;
(6) Development plan: development plan to be submitted with application;
(7) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board; and
(8) Height, maximum height of structure: 35 feet.
(J) Bed and breakfast operation.
(1) Development plan: development plan to be submitted with application;
(2) Screen planting: six-foot height by six-foot wide where abutting residential use; screening to be effective at all times of the year;
(3) Entrance: not more than one entrance from the street;
(4) Adequacy of sewers: approval required;
(5) Parking: one per three employees, plus one per each sleeping room; and
(6) Maximum three guest sleeping rooms.
(K) Boarding house.
(1) Development plan: development plan to be submitted with application;
(2) Screen planting: six-foot height by six-foot wide where abutting residential use; screening to be effective at all times of the year;
(3) Entrance: not more than one entrance from the street;
(4) Adequacy of sewers: approval required; and
(5) Parking: one per three employees, plus one per each sleeping room.
(L) Bottled gas storage and distribution.
(1) Minimum yards:
(a) Front: 100;
(b) Side (each): 100; and
(c) Rear: 100.
(2) Development plan: development plan to be submitted with application.
(3) Safety: all laws and care shall be observed by the applicant.
(M) Building material supply yard (open).
(1) Minimum yard:
(a) Front: 100;
(b) Side (each): 100; and
(c) Rear: 100.
(2) Minimum distance from residential district or use: 300 feet;
(3) Entrance: not more than one entrance from street;
(4) Development plan: development plan to be submitted with application;
(5) Screening: building materials and vehicles shall be screened or located in such a manner so that they will not be visible from the frontal street or adjacent residentially used or zoned property;
(6) Parking: one per two employees, plus one per vehicle operated by establishment, plus one per 800 square feet of storage area; and
(7) Height, maximum height of structure: 35 feet.
(N) Bulk fuel storage or petroleum tank farm (commercial).
(1) Minimum yards:
(a) Front: 300;
(b) Side (each): 300; and
(c) Rear: 300.
(2) Entrance: not more than one entrance from street;
(3) Development plan: development plan to be submitted with application; and
(4) Safety: all laws and care shall be observed by applicant.
(O) Cemetery.
(1) Minimum area: ten acres;
(2) Minimum yards:
(a) Front: standard;
(b) Side (each): 40 feet; and
(c) Rear: 40 feet.
(3) Landscape plan: plan of landscape development to be submitted with application (may be submitted with development plan);
(4) Screen planting: six-foot height by six-foot width, where abutting residential use; effective at all times of year;
(5) Development plan: development plan to be submitted with application;
(6) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board;
(7) Parking: one per each two employees, plus one per each five acres of area; and
(8) Height, maximum height of structure: 35 feet.
(P) Charitable institution.
(1) Minimum lot area: one acre;
(2) Minimum yards:
(a) Front: standard;
(b) Side (each): 20; and
(c) Rear: 15.
(3) Development plan: development plan to be submitted with application; and
(4) Parking: as determined by the Board. The determination shall be based upon the expected number of parking spaces the particular type of use would require to satisfy estimated peak parking load requirements.
(Q) Clinic.
(1) Minimum lot area: 15,000 square feet;
(2) Minimum yards:
(a) Front: standard;
(b) Side (each): ten; and
(c) Rear: 30.
(3) Screen planting: six-foot height by three-foot width where abutting residential use; effective at all times of the year;
(4) Entrance: not more than one entrance from street (other than an emergency entrance); and
(5) Parking: one per two employees, plus three per doctor.
(R) College or university building.
(1) Development plan: development plan to be submitted with application; and
(2) Parking: one per three students or staff members.
(S) Commercial greenhouse.
(1) Minimum lot area: 25,000 square feet;
(2) Minimum yards:
(a) Front: 100;
(b) Side (each): 40 feet; and
(c) Rear: 40 feet.
(3) Parking areas and loading, berth minimum distance from residential district or use: 50 feet; and
(4) Entrance: not more than one entrance from street. (NOTE: For confined feeding operation, see division (BBB) below for restricted commercial farm enterprise (including confined feeding operations).)
(T) Contractor’s storage yard.
(1) Parking areas and loading berth minimum distance from residential district or use: 200 feet;
(2) Entrance: not more than one entrance from street; and
(3) Development plan: development plan to be submitted with application.
(U) Day care center or child development facility.
(1) Minimum area: 100 square feet of play area provided on same lot as use for each child in attendance. Thirty-five square feet of suitable indoor space per session per child shall be provided, also;
(2) Open/recreational space:
(a) Outdoor play area shall be grassed and enclosed by a four-foot high fence. Any entry gate shall be securely fastened; and
(b) Outdoor play areas shall be adequately separated from vehicular circulation and parking safety.
(3) General safety:
(a) No portion of a day care center site may be located within 300 feet of gasoline pumps or underground gasoline storage tanks, or any other storage tanks, or any other storage area for explosive materials; and
(b) Garages shall not be used as designated play areas.
(4) Parking: one space for each two adult attendants, plus two additional spaces;
(5) General standards:
(a) No noise shall be audible beyond the lot lines; and
(b) Hours of operation may be restricted by the Board.
(6) Traffic standards:
(a) Day care centers shall create no unsafe conditions for picking up and dropping off children; and
(b) Loading and unloading of children from vehicles shall only be permitted on the driveway, approved parking area or directly in front of the facility.
(7) License required: the applicant must obtain day care center license from the State Department of Public Welfare.
(V) Day care homes.
(1) Large family day care home.
(a) Minimum area:
1. One hundred square feet of outdoor play area provided on same lot as use for each child in attendance; and
2. Thirty-five square feet of suitable indoor space per session per child shall be provided, also.
(b) Open/recreational space:
1. Outdoor play area shall be grassed and enclosed by a four-foot high fence. Any entry gate shall be securely fastened; and
2. Outdoor play areas shall be adequately separated from vehicular circulation and parking safety.
(c) General safety:
1. No portion of a day care center site may be located within 300 feet of gasoline pumps or underground gasoline storage tanks, or any other storage area for explosive materials; and
2. Garages shall not be used as designated play areas.
(d) Parking: one space for each two adult attendants, plus two additional spaces;
(e) General standards:
1. No noise shall be audible beyond the lot lines; and
2. Hours of operation may be restricted by the Board.
(f) Traffic standards:
1. Day care centers shall create no unsafe conditions for picking up and dropping off children; and
2. Loading and unloading of children from vehicles shall only be permitted on the driveway, approved parking area or directly in front of the facility.
(g) Spacing requirements: no facility shall be located closer than 600 feet to another large family day care home;
(h) Signs: one sign, not exceeding four square feet and five feet in height may be used to identify the center;
(i) No sales: no goods, chattel, wares or merchandise offered for sale therein, except in the LB, RB and GB districts; and
(j) License required: applicant must obtain day care home license from the State Department of Public Welfare.
(2) Small family day care home.
(a) Minimum area:
1. One hundred square feet of outdoor play area provided on same lot as use for each child in attendance; and
2. Thirty-five square feet of suitable indoor space per session per child shall be provided, also.
(b) Open/recreational space:
1. Outdoor play area shall be grassed and enclosed by a four-foot high fence. Any entry gate shall be securely fastened; and
2. Outdoor play area cannot be closer than ten feet to any adjoining property.
(c) General safety:
1. No portion of a day care center site may be located within 300 feet of gasoline pumps or underground gasoline storage tanks, or any other storage area for explosive materials; and
2. Garages shall not be used as a designated play area.
(d) Parking: one space for each two adult attendants, plus two additional spaces;
(e) General standards:
1. No noise shall be audible beyond the lot lines; and
2. Hours of operation may be restricted by the Board.
(f) Traffic standards:
1. Day care centers shall create no unsafe conditions for picking up or dropping off children; and
2. Loading and unloading of children from vehicles shall only be permitted on the driveway, approved parking area or directly in front of the facility.
(g) Spacing requirements: no facility shall be located closer than 600 feet to another large family day care home;
(h) Signs: one sign, not exceeding four square feet and five feet in height may be used to identify the center;
(i) No sales: no goods, chattel, wares or merchandise offered for sale therein, except in the LB, RB, and GB districts; and
(j) License required: the applicant must obtain day care home license from the State Department of Public Welfare.
(W) Dry cleaners (more intensive use than 40#s required in § 156.211 of this chapter. Board to determine additional requirements.
(X) Emergency shelter.
(1) Development plan: development plan to be submitted with application; and
(2) Board to determine additional requirements.
(Y) Farm implement (machinery) sales and service area or building (new/used).
(1) Development plan: development plan to be submitted with application;
(2) Dead storage: no dead storage, repair work or dismantling on the lot;
(3) Height, maximum height of structure: 35 feet;
(4) Adequacy of sewers: approval required;
(5) Special setback requirements: used machinery may be placed temporarily in the rear of the building line in the sales lot; provided that, new machinery may be placed temporarily in front of the building line in the RB District, but not closer than 20 feet to the front lot line in the RB District; and
(6) Parking: one per two employees, plus one per vehicle operated by the establishment, plus one per 1,000 square feet of display and sales area.
(Z) Filling station, automobile car wash and roadside restaurant.
(1) Minimum lot area: one-half acre;
(2) Minimum yards: same as local business use in respective district;
(3) Landscape plan in which filling station is proposed to be located: plan of landscape development to be submitted with application (may be combined with development plan);
(4) Fence: four-foot wire mesh abutting residential use;
(5) Screen planting: six-foot height by six-foot width; where abutting residential use: tight screen, effective at all times of the year;
(6) Parking spaces: as determined by the Board. The determination shall be based on the expected number of parking spaces the particular type of use would require to satisfy estimated peak parking load requirements;
(7) Development plan: development plan to be submitted with application;
(8) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board;
(9) Dead storage: no sales, dead storage, repair work or dismantling on the lot; and
(10) Adequacy of sewers: approved by Executive Director that sewers are adequate.
(AA) Game preserve.
(1) Development plan: development plan to be submitted; and
(2) Fence: adequate wire mesh fence where accessible to public.
(BB) Golf course or country club.
(1) Minimum yards:
(a) Front: standard;
(b) Side (each): 40; and
(c) Rear: 40.
(2) Minimum distance of parking area from residential district of use: 20 feet;
(3) Screen planting: six-foot height by six-foot width, where abutting residential use; effective at all times of the year;
(4) Entrance: not more than one entrance from street;
(5) Setback from interior drives: 40 feet;
(6) Parking spaces: 30;
(7) Development plan: development plan to be submitted with application;
(8) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board;
(9) Adequacy of sewers: approval required; and
(10) Height, maximum height of structure: 35 feet.
(CC) Golf driving range. Same as division (BB) above, except number of parking spaces shall be 20.
(DD) Grain elevators and related uses.
(1) Development plan: development plan to be submitted with application;
(2) Noise: noise shall be confined to the limits set forth in § 156.273 of this chapter; and
(3) Height, maximum height of structure: 135 feet.
(EE) Health facility, including nursing homes and retirement homes.
(1) Minimum lot area: 40,000 square feet, but not less than 1,000 square feet per person cared-for occupant;
(2) Minimum yards:
(a) In the RB and IB Districts:
1. Front: 80 feet;
2. Side: 40 feet; and
3. Rear: 40 feet.
(b) In other districts: same as requirements for single-family dwelling.
(3) Landscape plan: plan to landscape development to be submitted with application (may be combined with development plan);
(4) Screen planting: six-foot height by six-foot width where abutting residential use; tight screen, effective at all times;
(5) Parking spaces: one per each five patients or occupants, plus one per each staff member or supervisor doctor, plus one per each three employees;
(6) Development plan: development plan to be submitted with application;
(7) Height, maximum height of structure: 35 feet;
(8) State approval required: facility must be licensed by the State Board of Health in accordance with I.C. 16-10-2 (some types of facilities do not require licensure);
(9) Adequacy of sewers: approval required; and
(10) Height, maximum height of structure: 45 feet.
(FF) Heliport.
(1) Spacing: use permitted not closer than 200 feet to a residential use;
(2) Fence: four-foot wire mesh abutting residential use;
(3) Parking spaces: one per employee plus one per three seats in waiting room;
(4) Development plan: development plan to be submitted with application;
(5) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board; and
(6) Height: as required by appropriate state or federal agency.
(GG) Hospital and institution.
(1) Minimum lot area: Hospital: three acres; Institution: determined by zone;
(2) Minimum yards (abutting residential use):
(a) Front: 50;
(b) Side (each): 40; and
(c) Rear: 40.
(3) Minimum distance of parking area from residential district or use: 25 feet;
(5) Screen planting: six-foot height by three-foot width where abutting residential use; effective at all times of the year;
(6) Parking spaces: one per four beds, one per examination, treatment, or consultation room, plus one per doctor, plus one per two employees on largest shift, plus one emergency response vehicle;
(7) Development plan: development plan to be submitted with application;
(8) Height: 70 feet; and
(9) Adequacy of sewer and water: sanitary sewer, and regional/municipal water approval required.
(HH) Hotel or motel in FR District.
(1) Minimum lot area: one acre;
(2) Minimum yard:
(a) Front: standard;
(b) Side (each): 25; and
(c) Rear: 25.
(3) Screen planting: six-foot height by six-foot width where abutting residential use; tight screen effective at all times of the year;
(4) Entrance: not more than two entrances from street;
(5) Parking: one per three employees, plus one per one and one-half sleeping rooms;
(6) Development plan: development plan to be submitted with application;
(7) Height: 35 feet; and
(8) Adequacy of sewers: approval required.
(II) Interchange business use in the IB District.
(1) Development plan. Development plan to be submitted with application.
(2) Greenbelt. A greenbelt or lawn area at least 20 feet in width and abutting the property line on the lot in the IB District shall be provided on the particular side(s) or rear of a lot where a IB District use adjoins an A-1, R-1, R-2 or R-3 District or land being used for residential purposes. A planting screen consisting of suitable shrubbery shall be provided and maintained within such greenbelt or lawn area so as to provide a tight screen, effective at all times of the year. The locations and name(s) of the shrubbery planting shall be indicated on the development plan or on a separate landscape plan, which shall become a part of the application. The shrubbery may be planted informally or in a row and may include several varieties and sizes provided that the Board shall be satisfied that the shrubbery shall screen any parking areas and expected ground activity from the view of said abutting property, and also that vision clearance at access points shall be provided for safety purposes.
(3) Location of accessory uses. Off-street parking spaces and accessory uses such as filling station pumps and islands, signs and light standards and access drives may be located in the required front yard, but not within 20 feet of the front line, provided that the access drives may connect with the frontal street; and, provided also that, said strip of land shall be maintained as a lawn area with occasional tree and shrub plantings.
(4) Front yard. The front yard shall be at least 80 feet. On through lots, front yards shall be provided on each street, and on corner lots that side yard dimension shall be at least 40 feet along the side street line.
(5) Driveways. Entrances and exits shall be located so as to minimize any adverse effect on adjacent properties. Access driveways shall not be wider than 40 feet at their point of intersection with a street.
(6) Side or rear yard. No structure or building, driveway or accessory use shall be located closer than ten feet to any side of rear lot line.
(7) Easements and utilities. Locations of easements and proposed utility lines and structures for storm drainage, sanitary sewers, electric power, water mains and the like, including a statement or indications concerning the approximate size or capacity and the proposed operation of utilities to be installed shall be included in the application.
(9) Height. Buildings may be erected to any height, provided the applicant can demonstrate that safety will be provided from the danger of fire or other damages which could result from excessive height.
(10) Sales displays. Except for the sales of gasoline or oil at filling stations, all sales or displays outside of buildings shall be approved by the Board.
(11) No outside storage. Outside storage is not a permitted use in the IB District.
(12) Principal buildings. Except for residential uses, more than one principal building and its accessory building(s) or use(s) shall be permitted on one lot in the IB District.
(13) Sewers. Approval required.
(JJ) Junk yard.
(1) Minimum lot area: five acres;
(2) Minimum yards:
(a) Front: 50;
(b) Side: 40; and
(c) Rear: 40.
(3) Spacing: use permitted not closer than 200 feet to a residential use;
(4) Entrance: not more than one entrance from street;
(5) Fence: solid wall or solid painted fence eight feet high except along railroad right-of-way or eight-foot wire mesh fence covered and maintained with thick ivy growth;
(6) Parking spaces: one per two employees;
(7) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board; and
(8) Height, maximum height of structure: 25 feet.
(KK) Kennel in A-1, A-2 and I-1 Districts.
(1) Minimum lot area: two acres;
(2) Minimum yards:
(a) Front: 100;
(b) Side (each): 100; and
(c) Rear: 100.
(3) Screen planting: six-foot height by six-foot width, where abutting residential use; effective at all times of the year;
(4) Entrance: not more than one entrance from street;
(5) Development plan: development plan to be submitted with application;
(6) Noise: noise shall be confined to the premises;
(7) Parking: one per two employees, plus one per 500 square feet of front area used in a waiting room; plus one per five boarder animals, based upon maximum number of animals; and
(8) Height, maximum height of structure: 25 feet.
(LL) Manufacture of malt products, brewing, distillation of liquid and spirits, aging/maturation, packaging, storage or warehousing of distilled alcohol/ethanol that may result in Volatile Organic Compounds (VOC) emissions or alcohol/ethanol emissions capable of forming Baudoinia compniacensis, permitted by special exception only.
(1) Development plan to be submitted with application providing an accurate identification of all residential zones and uses, and existing non-residential structures, within 1,320 feet of any such proposed structure to be utilized that may result in VOC emissions.
(2) A mitigation plan, covering the residential zones and uses, and existing non-residential structures within 1,320 feet of any such proposed activities that may result in VOC emissions, must meet the approval of, and be adopted by the Board of Zoning Appeals. The mitigation plan shall be prepared in a recordable format, and it shall be a covenant running with the land and inuring to the benefit of the heirs, successors and assigns of such affected land. The mitigation plan shall be submitted to the Executive Director of the Area Plan Commission prior to a hearing before the Board of Zoning Appeals, and recorded prior to the issuance of the special exception permit-documentation, and/or building permit.
(3) Comply with all state and Federal air and water quality regulations and permitting.
(4) Submit “as-built” plans certified by the professional engineer confirming the residential zones and uses and existing non-residential structures within 1,320 feet of any such proposed structure to be utilized that may result in VOC emissions.
(5) This division (LL) shall not apply to any permit applications approved by IDEM (Indiana Department of Environmental Management), for the storage of distilled alcohol/ethanol on the premises, prior to May 20, 2019, provided that said permitted use does not exceed the storage or warehousing of 320,000 barrels of distilled alcohol/ethanol in any combination of warehouses thereof, on said premises.
(MM) Manufacturing, storage or use of explosives.
(1) Development plan: development plan to be submitted with application if use involves manufacturing or storage of explosives; and
(2) Approval of Board of County Commissioners or applicable town council required.
(NN) Mining operation (i.e., sand or gravel pit, quarry, borrow pit, topsoil, removal and storage areas).
(1) Minimum yards:
(a) Front: 150;
(b) Side (each): 150; and
(c) Rear: 150.
(2) Minimum distance from residence district or use: 200 feet;
(3) Fence: six-foot woven wire, fence where accessible to public;
(4) Screen planting: six-foot height by three-foot width, where abutting residential use; effective at all times of the year;
(5) Entrance: no more than one entrance from street;
(6) Development plan: development plan to be submitted with application;
(7) Miscellaneous provision: use and alienation of mineral resources and forests outside of urban areas. For the purposes of this division (MM), urban areas include all lands and lots within the corporate boundaries of a town, and any other lands or lots used for residential purposes where there are at least eight residences within any quarter mile square area, and other land or lots that have been planned for residential areas contiguous to the town. I.C. 36-7-4-1103 does not authorize an ordinance or action of the Plan Commission that would prevent, outside or urban areas, the complete use and alienation of any mineral resources or forests by the owner or a lienee of them; and
(8) An earthen berm constructed to a height of eight feet with screen planning (effective at all times of the year) at a height of at least six feet shall surround the entire area to be mined.
(OO) Mobile home park.
(1) Development plan. Development plan to be submitted with application.
(2) Area. A mobile home park shall have an area of not less than five acres.
(3) Soil. The condition of the soil and ground water level of the proposed park site shall meet the criteria promulgated by the United States Department of Agriculture Soil Conservation Service. (See §§ 156.570 through 156.579 of this chapter.) The site shall not be subject to unpredictable or sudden flooding, subsidence or erosion. Exposed ground surfaces shall be paved, covered with stone, screenings or other solid material, or protected with a vegetative growth that is capable of preventing soil erosion and of eliminating objectionable dust. Exposed ground surfaces shall be graded and equipped to drain all surface water in a safe, efficient manner.
(4) Smoke, noise and odor. The proposed site shall not be exposed to objectionable smoke, noise, odor or other adverse influences.
(5) Screening. A dense planting screen not less than 12 feet high and six feet wide shall be located and effectively maintained at all times along all boundary lines, except at established entrances and exits serving the park. A basket weave or similar type fence or brick or stonewall may be permitted by the Board instead of a planting screen. The Board may waive any part of these screening requirements temporarily or permanently if adequate screening already exists or if the topography or other conditions so warrant.
(6) Use. No part of any park shall be used for non-residential purposes, except such uses that may be for the benefit of and well-being of park residents and for the management and maintenance of the park; provided, however, that, this shall not prohibit the sale of a mobile home located on a mobile home slab on a mobile home lot and connected to the appropriate utilities; provided further, however, that, a mobile home sales business may be allowed in the mobile home park upon a showing that said business, and its location, is in the best interest of the public health, safety, morals and general welfare, as determined by the Board of Zoning Appeals.
(7) Side, rear and front yards. The tract of land for the proposed park shall have two side yards, each having a minimum of 30 feet in width, a rear yard having a minimum of 30 feet in depth and a front yard having a minimum of 60 feet in depth.
(8) Separation. Mobile homes shall be separated from each other and from all other buildings and structures by at least 20 feet. An accessory structure such as an awning, cabana, storage cabinets, carport, windbreak and porch having a floor area exceeding 25 square feet and an opaque roof or top, shall be considered to be part of the mobile home.
(9) Mobile home lot area and width. Each mobile home lot shall contain a minimum of 4,000 square feet in area, and shall be at least 40 feet in width.
(10) Parking. Each mobile home lot shall contain two automobile parking areas, each of which has minimum dimensions of ten feet in width by 20 feet in length.
(11) Mobile home slab. Each mobile home lot shall contain a mobile home slab. The area of the slab shall be improved to provide adequate support for the placement and tie-down of the mobile home so that it is secure against uplift, sliding, rotation and overturning. The slab shall be constructed so that it will not heave, shift or settle unevenly under the weight of the mobile home due to frost action, inadequate drainage, vibration or other forces. The slab shall be provided with anchors and tie-downs such as cast-in place concrete “dead men”, eyelets imbedded in concrete foundation or runways, screw augers, arrowhead anchors or other devices securing the stability of the mobile home. Anchors and tie-downs shall be placed at least at each corner of the slab and each shall be able to sustain a minimum tensile strength of 2,800 pounds.
(12) Distance between slab and interior drive. There shall be a minimum distance of 15 feet between the mobile home slab and an abutting interior park drive.
(13) Recreation area. Each park shall provide a recreational area or areas equal in size to at least 8% of the area of the park. Streets, parking areas and park service facility areas shall not be included in the required recreational area.
(14) Street and drives. A mobile home park shall be provided with safe and convenient vehicular access from abutting streets or roads to each mobile home lot. Such access shall be provided by interior private streets or driveways or other means approved by the Board. No direct access from a front or side street to a mobile home lot shall be permitted, except by approved entrances and exits. The park entrance shall be designed to minimize congestion and hazards and allow free movement of traffic on adjacent streets. No parking shall be allowed on the park entrance driveway for a distance of 100 feet from its point of beginning, unless the park entrance drive has a minimum width of 36 feet. Interior driveways, except minor driveways, shall have a minimum width of 26 feet, measured from back to back of curb if provided. Minor driveways shall have a minimum width of 20 feet. Minor driveways having mobile homes abutting on both sides are not acceptable unless the said minor driveways are less than 500 feet long. Minor driveways serving more than 15 mobile homes are unacceptable. Dead-end driveways shall not exceed 1,000 feet in length, and shall be terminated at the closed end with a turnaround having an outside roadway diameter of at least 60 feet.
(15) Interior driveway construction and design standards.
(a) Pavements. All driveways shall be provided with a smooth, hard and dense surface, which shall be durable and well drained under normal use and weather conditions. Pavements edges shall be protected to prevent raveling of the wearing surface and shifting of the pavement base. Driveway surfaces shall be maintained so as to be free of cracks, holes and other hazards.
(b) Grades. Grades of all driveways shall be sufficient to ensure adequate surface drainage, but shall not have a grade in excess of 8%; provided, however, that, short runs having a maximum grade of 12% may be permitted if traffic safety is assured by appropriate paving, adequate leveling areas and avoidance of lateral curves.
(c) Intersections. Within 100 feet of an intersection, streets shall be at approximately right angles. A distance of at least 150 feet shall be maintained between centerlines to offset intersecting streets. Intersections of more than two streets at one point shall be avoided.
(16) Illumination. Parks shall be furnished with lighting units so spaced and equipped with luminaries at such mounting heights that all parts of the interior driveway system will have an average level of illumination of 0.3 foot candle and that potentially hazardous locations such as major driveway intersections, steps and stepped ramps will have an average level of illumination of 0.6 foot candle. All exterior park lights shall be so located and shielded as to prevent direct illumination of any areas outside the park.
(17) Walks. Mobile home parks shall be provided with safe, convenient, all-season pedestrian access of adequate width for intended use, durable, convenient to maintain, between individual mobile homes, the interior driveways and all community facilities provided for park residents. Sudden changes in alignment and gradient shall be avoided. A common walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of two feet.
(18) Services. Service buildings, recreation buildings and other community service facilities, such as management offices, repair shops, storage areas, laundry facilities, indoor recreation areas and commercial uses supplying essential goods or services for the exclusive use of the mobile home park occupants, are permitted in the mobile home park; provided that:
(a) They are subordinate to the residential character of the park; and
(b) The establishments and the parking areas related to their use shall not occupy more than 10% of the total area of the park.
(19) Barbecue pits, fireplaces, stoves and incinerators. Cooking shelters, barbecue pits, fireplaces, wood-burning stoves and incinerators shall be so located, constructed, maintained and used as to minimize fire hazards and smoke nuisance, both on the property on which used and on neighboring property. No open fire shall be permitted, except in facilities provided. No open fire shall be left unattended. No fuel shall be used and no material burned which emits dense smoke or objectionable odors.
(20) Refuse handling. The storage, collection and disposal of refuse in the mobile home park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution. All refuse shall be stored in fly-tight, water-tight, rodent-proof containers, which shall be located not more than 150 feet from any mobile home lot. Containers shall be provided in sufficient number and capacity to properly store all refuse. Refuse collection stands shall be provided for all refuse containers. Such container stands shall be so designed as to prevent containers from being tipped, minimize spillage and container deterioration, and facilitate cleaning around them. All refuse containing garbage shall be collected at least once weekly. Where suitable collection service is not available from municipal or private agencies, the mobile home park operator shall provide this service. All refuse shall be collected and transported in covered vehicles or covered containers. Where municipal or private disposal service is not available, the mobile home park operator shall dispose of the refuse by incineration or transporting to a disposal site approved by the Health Officer. Refuse incinerators, if provided, shall be constructed in accordance with engineering plans and specifications which shall be reviewed and approved by the Health Officer or other authority having jurisdiction. Incinerators shall be operated only when attended by some person specifically authorized by the owner or operator of the mobile home park.
(21) Electrical distribution system. Every park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances that shall be installed and maintained in accordance with applicable codes and regulations governing such systems. Main power lines not located underground shall be suspended at least 18 feet above the ground. There shall be a minimum horizontal clearance of three feet between overhead wiring and any mobile home, service building or other structure. All direct burial conductors or cables shall be insulated and specially designed for this purpose. Such conductors shall be located not less than one-foot radial distance from water, sewer, gas or communication lines. Each mobile home lot shall be provided with an approved disconnecting device and over-current protective equipment. The minimum service per outlet shall be 120/240 volt AC, 100 amperes. Outlets (receptacles or pressure connectors) shall be housed in a weather-proof outlet box, and shall be located not more than 25 feet from the over-current protective device in the mobile home. A three-pole, four-wire grounding type shall be used. Receptacles, if provided, shall be in accordance with American Standard Outlet Receptacle C-73.1, as amended. Connectors, if not substituted by more than one receptacle, shall be provided where the calculated load of the mobile home is more than 100 amperes. The mobile home shall be connected to the outlet box by an approved type of flexible supply cord with a male attachment plug or with pressure connectors. All exposed non-current carrying metal parts of mobile homes and all other equipment shall be grounded by means of an approved grounding conductor with branch circuit conductors or other approved method of grounded metallic wiring. The neutral conductor shall be not used as an equipment ground for mobile homes or other equipment.
(22) Insect and rodent control. Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform with the requirements of the Health Officer. Parks shall be maintained free of accumulations of debris, which may provide rodent harborage or breeding places for flies, mosquitoes and other pests. Storage areas shall be so maintained as to prevent rodent harborage; lumber, pipe and other building material shall be stored at least one foot above the ground. Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials. The growth of brush, weeds and grass shall be controlled to prevent harborage of ticks, chiggers and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac and other noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.
(23) Fuel supply and storage.
(a) Natural gas system. Natural gas piping systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems. Each mobile home lot provided with piped gas shall have an approved manual shutoff valve installed upstream of the gas outlet. The outlet shall be equipped with an approved cap to prevent accidental discharge of gas when the outlet is not in use.
(b) Liquefied petroleum gas systems. Liquefied petroleum gas systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems. Systems shall be provided with safety devices to relieve excessive pressures and shall be arranged so that the discharge terminates at a safe location. Systems shall have at least one accessible means for shutting off gas. Such means shall be located outside the mobile home and shall be maintained in effective operating condition. All LPG piping outside of the mobile homes shall be well supported and protected against mechanical injury. Undiluted, liquefied petroleum gas in liquid form shall not be conveyed through piping equipment and systems in mobile homes. Liquefied petroleum gas containers installed on a mobile home lot shall be securely, but not permanently, fastened to prevent accidental overturning. Such containers shall not be less than 12, nor more than 60, U.S. gallons gross capacity. No liquefied petroleum gas vessel shall be stored or located inside or beneath any storage cabinet, carport, mobile home or any other structure, unless such installations are approved by the Health Officer.
(c) Fuel oil systems. All fuel oil supply systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems. All piping from outside fuel storage tanks or cylinders to mobile homes shall be permanently installed and securely fastened in place. All fuel oil storage tanks or cylinders shall be securely fastened in place and shall be located inside or beneath any mobile home or less than five feet from any mobile home exit. Storage tanks located in areas subject to traffic shall be protected against physical damage.
(24) Fire protection. Mobile home parks shall be kept free of litter, rubbish and other flammable materials. Portable fire extinguishers rated for Class B and C fires shall be kept in service buildings and at other locations conveniently and readily accessible for use by all occupants and shall be maintained in good operating condition. Their capacity shall not be less than 20 pounds. Fires shall be made only in stoves, incinerators and other equipment intended for such purposes.
(a) Mandatory fire hydrants shall be installed if the park water supply system is capable to serve them in accordance with the following requirements.
1. The water supply system shall permit the operation of a minimum of two and one- half inch hose streams.
2. Each of two nozzles, held four feet above the ground, shall deliver at least 75 gallons of water per minute at a flowing pressure of at least 30 pounds per square inch at the highest elevation point of the park.
(b) Fire hydrants, if provided, shall be located within 500 feet of any mobile home, service building or other structure in the park.
(25) Water and sewage. The water supply and sewage disposal shall meet the minimum requirements of the State Department of Environmental Management.
(26) State requirements. All state requirements shall be observed. (See I.C. 13-1-7.)
(PP) Outdoor commercial recreational enterprise.
(1) Minimum yards:
(a) Front: standard;
(b) Side: 40 feet; and
(c) Rear: 40 feet.
(2) Minimum distance: between parking area and residential district or use;
(3) Entrance: not more than two entrances from street;
(4) Noise: noise shall be confined to the premises;
(5) Landscape plan: landscape plan to be submitted with application (may be combined with the development plan);
(6) Fence: six-foot wire mesh where accessible to public;
(7) Screen planting: six-foot height by six-foot width where abutting residential use; tight screen, effective at all times;
(8) Setback from interior drives: 40 feet;
(9) Parking spaces: one per three employees, plus one per 500 square feet of use area;
(10) Development plan: development plan to be submitted with application;
(11) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board;
(12) Height, maximum height of structure: 60 feet; and
(13) Adequacy of sewers: approval required.
(QQ) Outdoor theater.
(1) Minimum yards (abutting residential use):
(a) Front: 100 feet;
(b) Side: 75 feet; and
(c) Rear: 40 feet.
(2) Fence: four-foot wire mesh abutting residential use;
(3) Development plan: development plan to be submitted with application;
(4) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board;
(5) Height, maximum height of structure: 65 feet; and
(6) Adequate sewer: approval required.
(RR) Penal or correctional institutions.
(1) Minimum lot area:
(a) Two hundred acres; and
(b) Medium security facility: 12 acres.
(2) Minimum yards:
(a) Front: 100 feet;
(b) Side (each) 100 feet; and
(c) Rear: 100 feet.
(3) Minimum distance from residential use: 300 feet;
(4) Parking spaces: as determined by the Board. The determination shall be based upon the expected number of parking spaces the particular type of use would require to satisfy estimated peak parking load requirements;
(5) Development plan: development plan to be submitted with application;
(6) Height, maximum height of structure: 65 feet; and
(7) Adequacy of sewers: approval required.
(SS) Private club or lodge, which is of a non-commercial character.
(1) Minimum lot area: one acre;
(2) Minimum yards:
(a) Front: standard;
(b) Side (each): 25; and
(c) Rear: 25.
(3) Parking spaces: one per six active members;
(4) Development plan: development plan to be submitted with application; and
(5) Height, maximum height of structure: 35 feet.
(TT) Private recreational development (i.e., picnic grounds, fraternal organizations and the like).
(1) Minimum yards:
(a) Front: standard;
(b) Side (each): 40 feet; and
(c) Rear: 40 feet.
(2) Minimum distance between parking area and residential district or use: 25 feet;
(3) Entrance: not more than one entrance from street;
(4) Landscape plan: plan of landscape development to be submitted with application (may be combined with development plan);
(5) Screen planting: six-foot height by three-foot width when abutting residential use; tight screen, effective at all times;
(6) Parking spaces: one per each six members, or as determined by the Board. The determination shall be based upon the expected number of parking spaces the particular type of use would require to satisfy estimated, peak parking load requirements;
(7) Development plan: development plan to be submitted with application;
(8) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board;
(9) Height, maximum height of structure: 25 feet; and
(10) Noise: noise shall be confined to the premises.
(UU) Produce stands, seasonal.
(1) Development plan: development plan to be submitted with application; and
(2) Signs and lighting: outdoor advertising sign and outdoor artificial lighting shall be approved by the Board.
(VV) Produce stands, year round.
(1) Development plan: development plan to be submitted with application;
(2) Signs and lighting: outdoor advertising sign and outdoor artificial lighting shall be approved by the Board; and
(3) Adequacy of sewers: approval required.
(WW) Public camp.
(1) Minimum lot area: ten acres;
(2) Minimum yards:
(a) Front: 100;
(b) Side (each): 40; and
(c) Rear: 40.
(3) Minimum distance between parking area and residential district or use: 50 feet;
(4) Screen planting: six-foot height by three-foot width effective at all times of the year;
(5) Entrance: not more than one entrance from street;
(6) Parking: one per campsite, plus one per cabin;
(7) Development plan: development plan to be submitted with application;
(8) Maximum height of structure: 35 feet; and
(9) Adequacy of sewers: approval required.
(XX) Public or commercial sanitary fill or garbage disposal plant.
(1) Minimum lot area: ten acres;
(2) Minimum yards:
(a) Front: 300; and
(b) Side (each): 300.
(3) Fence: six-foot wire mesh;
(4) Season planting: six-foot width abutting residential use;
(5) Entrance: not more than one entrance from street;
(6) Development plan: development plan to be submitted with application; and
(7) State requirements: all state requirements for solid waste disposal shall be met.
(YY) Public or employee parking.
(1) Masonry wall along front line and such other boundaries the Board considers necessary to protect residential property, except an approved entrance and exit;
(2) Entrance: not more than one entrance from street; and
(3) Development plan: development plan to be submitted with application.
(ZZ) Public park or public recreational facility.
(1) Landscape plan: plan of landscape development to be submitted with application (may be combined with development plan);
(2) Development plan: development plan to be submitted with application;
(3) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board; and
(4) Adequacy of sewers: approval required.
(AAA) Public water wells, water stations, filtration plants, reservoirs and storage tanks.
(1) Storage tanks: proximity to residence district or use 100 feet;
(2) Development plan: development plan to be submitted with application; and
(3) Health laws: all applicable health laws and standard shall be adhered to.
(BBB) Railroad or other mass transportation rights-of-way and trackage, including public transportation terminal, passenger stations, shelter stations and layover areas for transit vehicles and off-street parking facilities.
(1) Entrance: not more than one entrance from street;
(2) Parking for passenger station: one per ten seats in waiting room, plus one per two employees of connected retail use (if any);
(3) Development plan: development plan to be submitted with application;
(4) Adequacy of sewers: approval required; and
(5) Height, maximum height of structure: 45 feet.
(CCC) Raising and breeding of non-farm fowl and animals, except kennel.
(1) Minimum lot area: three acres;
(2) Minimum yards:
(a) Front: 100;
(b) Side (each): 100; and
(c) Rear: 100.
(3) Development plan: development plan to be submitted with application;
(4) Screen planting: six-foot height by three-foot width when abutting residential use, effective at all times of the year;
(5) Entrance: not more than one entrance from street;
(6) Height, minimum height of structure: 45 feet; and
(7) Adequacy of sewers: approval required.
(DDD) Recreation vehicle park.
(1) Development plan. Development plan to be submitted with application.
(2) Minimum lot area. Ten acres.
(3) Density. Each recreational vehicle park shall have not more than 25 recreational vehicle spaces per acre of gross site area.
(4) Separation. Recreational vehicles shall be separated from each other and from all other buildings and structures by at least five feet. An accessory structure, such as an awning, cabana, storage cabinet and porch, shall be considered to be a portion of the recreational vehicle.
(5) Parking. One automobile parking space shall be provided for each recreational vehicle. No parking shall be permitted in the front yard of the park tract of land.
(6) Accessory uses. Management offices and storage, playground and picnic equipment, sanitation and laundry facilities, information signs and other structures customarily incidental to a recreational vehicle park shall be permitted as accessory uses.
(7) Term of stay in park and limitation of use. Except as otherwise provided herein, each recreational vehicle shall not be used for habitation in the same recreational vehicle park for longer than 180 days in any one calendar year, and shall not be used as a permanent residence.
(8) Access. Recreational vehicle parks shall have direct access to an arterial or major thoroughfare with sufficient frontage thereon for the proper construction of entrances and exits. Such entrances and exits shall be designed for the safe movement of recreational vehicles into and out of the park. Only one principal entrance from a major thoroughfare may be provided.
(9) Condominium parks permitted. The sale of individual lots to individual lot owners (condominium recreational vehicle park) shall be allowed in a recreational vehicle park. Accordingly, an affirmative statement as to whether or not the sale of individual lots to individual lot owners (condominium recreational vehicle park) shall be allowed and shall be included in the application. If the sale of individual lots to individual lot owners (condominium recreational vehicle park) shall be allowed, then the development plan shall additionally include the number of individual lots to be sold, and the rights and responsibilities of the individual lot owners and the park developers in the park and its management. If the sale of individual lots to individual lot owners (condominium recreational vehicle park) shall be allowed, then a plat of the recreational vehicle park must accompany the development plan. (Condominiums regulated by I.C. 32-25 may not be regulated by Ch. 155 of this code of ordinances.)
(10) Soil and water. The condition of the soil and ground water level of the proposed park site shall meet the criteria promulgated by the United States Department of Agriculture Soil Conservation Service. (See § 156.004 of this chapter.)
(11) Smoke, noise and odor. The proposed site shall not be exposed to objectionable smoke, noise, odors or other adverse influences.
(12) Screening. A dense planting screen not less than six feet high after five full growing seasons and which at maturity is not less than 12 feet high and six feet wide shall be located and effectively maintained at all times along all boundary lines, except at established entrances and exits serving the park. A basket weave or similar type of fence or brick or stone wall may be permitted by the Board instead of a planting screen. The Board may waive any part of these screening requirements temporarily or permanently if adequate screening already exists or if the topography or other conditions so warrant.
(13) Side, rear and front yards. The tract of land for the proposed park shall have two side yards, each having a minimum of 30 feet in width, a rear yard having a minimum of 30 feet in depth, and a front yard having a minimum of 60 feet in depth.
(14) Illumination. Parks shall be furnished with lighting units so spaced and equipped with luminaries at such mounting heights that all parts of the interior driveway system will have an average level of illumination of 0.3 foot candle and that potentially hazardous locations, steps and stepped ramps, will have an average level of illumination of 0.6 foot candle. All exterior park lights shall be so located and shielded as to prevent direct illumination of any areas outside the park.
(15) Barbecue pits, fireplaces, stoves and incinerators. Cooking shelters, barbecue pits, fireplaces, wood-burning stoves and incinerators shall be so located, constructed, maintained and used as to minimize fire hazards and smoke nuisance, both on the property on which used and on neighboring property. No open fire shall be permitted except in facilities provided. No open fire shall be left unattended. No fuel shall be used and no material burned which emits dense smoke or objectionable odors.
(16) Refuse handling. The storage, collection and disposal of refuse in the park shall be so conducted as to create no health hazards, rodent harborage, insect breeding areas, accident or fire hazards or air pollution. All refuse shall be stored in fly-tight, water-tight, rodent-proof containers, which shall be located no more than 150 feet from any mobile home lot. Containers shall be provided in sufficient number and capacity to properly store all refuse. Refuse collection stands shall be provided for all refuse containers. Such container stands shall be so designed as to prevent containers from being tipped, minimize spillage and container deterioration, and facilitate cleaning around them. All refuse containing garbage shall be collected at least once weekly. Where suitable collection service is not available from municipal or private agencies, the mobile home park owner shall provide this service. All refuse shall be collected and transported in covered vehicles or covered containers. Where municipal or private disposal service is not available, the park operator shall dispose of the refuse by incineration or transporting to a disposal site approved by the Health Officer. Refuse incinerators, if provided, shall be constructed in accordance with engineering plans and specifications which shall be reviewed and approved by the Health Officer or other authority having jurisdiction. Incinerators shall be operated only when attended by some person specifically authorized by the owner or operator of the park.
(17) Electrical distribution system. Every park shall contain an electrical wiring system consisting of wiring, fixtures, equipment and appurtenances which shall be installed and maintained in accordance with applicable codes and regulations governing such systems. Main power lines not located underground shall be suspended at least 18 feet above the ground. There shall be a minimum horizontal clearance of three feet between overhead wiring and any mobile home, service building or other structure. All direct burial conductors or cables shall be insulated and specially designed for the purpose. Such conductors shall be located not less than one-foot radial distance from water, sewer, gas or communication lines. Each mobile home lot shall be provided with an approved disconnecting device and over current protective equipment. The minimum service per outlet shall be 120/240 volt AC, 100 amperes. Outlets (receptacles or pressure connectors) shall be housed in a weather-proof outlet box, and shall be located not more than 25 feet from the over-current protective device in the mobile home. A three-pole, four-wire grounding type shall be used. Receptacles, if provided, shall be in accordance with American Standard Outlet Receptacle C-73.1, as amended. Connectors, if not substituted by more than one receptacle, shall be provided where the calculated load of the mobile home is more than 100 amperes. The recreational vehicle shall be connected to the outlet box by an approved type of flexible supply cord with a male attachment plug or with pressure connectors. All exposed non-current carrying metal parts of vehicles and all other equipment shall be grounded by means of an approved grounding conductor with branch circuit conductors or other approved method of grounded metallic wiring. The neutral conductor shall not be used as an equipment ground for recreational vehicles or other equipment.
(18) Insect and rodent control. Grounds, buildings and structures shall be maintained free of insect and rodent harborage and infestation. Extermination methods and other measures to control insects and rodents shall conform to the requirements of the Health Officer. Parks shall be maintained free of accumulations of debris, which may provide rodent harborage or breeding places for flies, mosquitoes and other pests. Storage areas shall be so maintained as to prevent rodent harborage; lumber, pipe and other building material shall be stored at least one foot above the ground. Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials. The growth of brush, weeds and grass shall be controlled to prevent harborage of ticks, chiggers and other noxious insects. Parks shall be so maintained as to prevent the growth of ragweed, poison ivy, poison oak, poison sumac and other noxious weeds considered detrimental to health. Open areas shall be maintained free of heavy undergrowth of any description.
(19) Water and sewage. The water supply and sewage disposal shall meet the minimum requirements of the State Board of Health.
(20) State requirements. All state requirements shall be observed.
(EEE) Recycling center.
(1) Development plan: Development plan to be submitted with application;
(2) Minimum yards:
(a) Front: 50;
(b) Side: 40; and
(c) Rear: 40.
(3) Spacing: use permitted not closer than 200 feet to a residential use;
(4) Entrance: not more than one entrance from the street;
(5) Fence: solid wall or solid fence eight feet high, except along railroad right-of-way or eight- foot wire fence slatted for opacity;
(6) Parking spaces: one space per every two employees; additional spaces to be determined by Board;
(7) Signs and lighting: advertising signs and outdoor artificial lighting shall be approved by the Board; and
(8) Height, maximum height of structure: 25 feet.
(FFF) Restricted commercial farm enterprise, an animal feeding operation (AFO), confined feeding operations (CFO) and concentrated feeding operations (CAFO).
(1) AFO. If the number exceeds: 75 cattle; 7,500 fowl; 235 horses; 150 sheep; 150 swine; or a feeding operation that causes a violation of water pollution or any confined feeding statute (under I.C. 13-18-10, as amended). Development plan: development plan shall be submitted with application;
(2) AFO setbacks:
(a) 1, 000 feet from a public water supply well or public water supply intake structure;
(b) 300 feet from the following: surface water, drainage inlet, including sediment basins, sinkholes, as measured from the surficial opening or the lowest point of the feature, off- site water wells;
(c) 400 feet from the following: on-site water wells, existing off-site residential and public buildings, property lines and public roads;
(3) Dead storage: no sales, dead storage, repair work or dismantling on the lot (vehicles and/or farm machinery, i.e. junkyard);
(4) Parking spaces: as determined by the Board. The determination shall be based upon the expected number of parking spaces the particular type of use would require to satisfy estimated, peak parking load requirements;
(5) Signs and lighting: signs and artificial lighting require Board approval;
(6) Maximum height of structure: 35 feet;
(7) Confined feeding operation (CFO and CAFOO setbacks: minimum distance from the boundary of any pre-existing residence or business district, or a residential subdivision of land, or building used for residential purposes (other than the residence of the owner, his or her tenant(s) or operator(s) of the operation), or school or church use: 1,320 feet;
(8) Confined feeding operation, health approval required: approval by Indiana Department of Environmental Management (IDEM), is required for confined feeding operations in accordance with 327 IAC 19, as amended;
(9) Those noises and odors normal to the storage, feeding, handling and production of farm animals shall be deemed acceptable; and
(10) AFO, CFO and CAFO - waste handling. The recommended applicable guidelines promulgated by the Indiana State Chemist's Rule (355 IAC 8, as amended) shall be required by the Board concerning methods of waste handling and disposal guidelines for:
(a) Beef and swine producers;
(b) Dairy and poultrymen.
(GGG) Riding stable.
(1) Minimum lot area: two acres, plus additional 5,000 square feet per horse over four horses;
(2) Minimum yards: Front, each side and rear yards, 100 feet each;
(3) Screen planting: six-foot height by three-foot width when abutting residential use;
(4) Entrance: not more than one entrance from street;
(5) Parking: one per two employees, plus one per two horses;
(6) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board;
(7) Waste disposal: disposal of wastes shall meet that approval of the State Board of Health;
(8) Development plan: development plan shall be submitted with application; and
(9) Height, maximum height of structure: 35 feet.
(HHH) Roadside business in the RB District.
(1) Development plan: development plan shall be submitted with application; and
(III) Sales barn of livestock (resale).
(1) Minimum yards: front, each side and rear yards; 300 feet each;
(2) Minimum distance from residential district or use: 300 feet;
(3) Minimum distance between parking area and residential district or use;
(4) Entrance: not more than one entrance from street;
(5) Parking: one per two employees, plus one per each 400 square feet of display and sales area;
(6) Development plan: development plan shall be submitted with application;
(7) Height, maximum height of structure: 45 feet; and
(8) Waste disposal: disposal of waste shall meet the approval of the State Board of Health.
(JJJ) Seasonal hunting and fishing lodge.
(1) Parking spaces: one per member or as determined by the Board. The determination shall be based upon the expected number of parking spaces the particular type of use would require to satisfy estimated, peak parking requirements; and
(2) Development plan: development plan shall be submitted with application.
(KKK) Sewage treatment facility (primary use).
(1) Development plan: development plan shall be submitted with application; and
(2) Health approval required: approval by the State Board of Health required.
(LLL) Shooting range.
(1) Minimum yards: front, each side and rear yards: 300 feet each;
(2) Screen planting: six-foot height by six-foot width;
(3) Entrances: not more than one entrance from street; and
(4) Development plan: development plan to be submitted with application.
(MMM) Slaughterhouse.
(1) Minimum lot areas: two acres;
(2) Minimum yards: front, each side and rear yards: 50 feet each;
(3) Minimum distance from residential district or use: 300 feet;
(4) Minimum distance of parking area from residential district: 50 feet;
(5) Fence requirements: six-foot solid painted fence;
(6) Screen planting: six-foot height by six-foot width (from abutting street);
(7) Entrance: not more than one entrance from street;
(8) Development plan: development plan shall be submitted with application;
(9) Adequacy of sewers: approval required;
(10) Adequate disposal methods: dead animals and offal shall be disposed of in a manner satisfactory to the Board;
(11) Parking: one per two employees, plus four additional spaces; and
(12) Height, maximum height of structure: 35 feet.
(NNN) Special school.
(1) Minimum lot area: 10,000 square feet;
(2) Minimum yards:
(a) Front: 25 feet;
(b) Each side: ten feet; and
(c) Rear: ten feet.
(3) Fence: four-foot wire mesh around play area;
(4) Parking spaces: one per three employees, plus one per six students;
(5) Height, maximum height of structure: 35 feet; and
(6) Adequacy of sewers: approval required.
(OOO) Stadium, coliseum, athletic field.
(1) Minimum lot area: five acres;
(2) Minimum yards:
(a) Front: standard;
(b) Each side: 50 feet; and
(c) Rear: 50 feet.
(3) Minimum distance of parking area from residential district or use: 25 feet;
(4) Screen planting: six-foot height by six-foot width;
(5) Entrances: not more than two from street;
(6) Parking: one space of each four seats in the grandstand, plus three per four employees;
(7) Development plan: development plan to be submitted with application;
(8) Height, maximum height of structure: 45 feet; and
(9) Adequacy of sewers: approval required.
(PPP) Storage of disabled vehicles, temporary.
(1) Minimum lot area: one acre;
(2) Minimum yards:
(a) Front: standard;
(b) Side (each): 20; and
(c) Rear: 20.
(3) Minimum distance from residential district or use: 100 feet;
(4) Minimum distance of parking area from residential district or use: 25 feet;
(5) Fence: six-foot solid painted fence;
(6) Screen planting: six-foot height by three-foot width where abutting residential use;
(7) Entrance: not more than one from street; and
(8) Development plan: development plan shall be submitted with application.
(QQQ) Studio business (art, interior decorating, music and the like).
(1) Parking spaces: as determined by the Board. The determination shall be based upon the expected number of parking spaces the particular type of use would require to satisfy estimated, plan parking load requirements; and
(2) Development plan: development plan shall be submitted with application.
(RRR) Telephone exchange or public utility substation in the A-1, A-2, FR, IB, I-2 District.
(1) Screen planting: adequate for purpose as determined by Board (also along abutting street);
(2) Entrance: not more than one entrance from street;
(3) Parking space: one per employee at or working out of site;
(4) Development plan: development plan to be submitted with application; and
(5) Adequacy of sewers: approval required.
(SSS) Temporary living quarters in barn prior to building house.
(1) Development plan; and
(2) Must vacate temporary living quarters within 90 days after occupancy of house.
(TTT) Transmission lines for gas, oil, electricity or other utilities (major lines). Development plan to be submitted with application.
(VVV) Veterinary hospital for small animals.
(1) Parking: one space per two employees, plus one per doctor, plus two per examining rooms;
(2) Development plan: development plan shall be submitted with application; and
(3) Height, maximum height of structure: 35 feet.
(WWW) Wholesale produce terminal or truck terminal.
(1) Minimum lot area: ten acres;
(2) Minimum yards:
(a) Front: 100 feet;
(b) Side (each): 75 feet abutting residential use, otherwise 35 feet; and
(c) Rear: 40 feet.
(3) Minimum distance from residential district or use: 100 feet;
(4) Minimum distance from parking residential district: 100 feet;
(5) Fence: six-foot height wire mesh fence;
(6) Screen planting: six-foot height by three-foot width where abutting residential use; tight screen, effective at all times;
(7) Entrance: not more than one entrance from street;
(8) Parking spaces: one per two employees on largest shift;
(9) Development plan: development plan shall be submitted with application;
(10) Signs and lighting: outdoor advertising signs and outdoor artificial lighting shall be approved by the Board;
(11) Height, maximum height of structure: 45 feet;
(12) Adequacy of sewers: approval required; and
(13) Thoroughfares: thoroughfares must be adequate.
(XXX) Windmill farm, solar farm/field, or alternative energy forms.
(1) Development plan to be submitted with application.
(2) “As-built” plans certified by the professional engineer who prepared the development plan/design, must be submitted to the Plan Commission within 30 days of completion.
(Ord. passed - -2006, § 80.24(F); Ord. 2016-07, passed 9-12-2016; Ord. 2019-03, passed 4-22-2019; Am. Ord. 2019-05, passed 6-17-2019; Ord. 2019-08, passed 10-7-2019)