(A) Definition and basis of approval. Special exceptions are uses publicly or municipally operated and those uses traditionally affected with a public interest and those uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property and public facilities.
(1) A special exception or any use not otherwise set forth in this chapter that fits the definition set forth in this division (A), may be approved in zones as specified in this section. The use approved shall be subject to any regulations or requirements imposed as a part of the special exception, in addition or in place of the other regulations or requirements of this chapter. The provisions of a special exception shall replace and supersede the provisions of the base zone, effective upon either construction of any facilities approved as a part of the special exception or upon beginning of operation of the use or uses specified, whichever occurs first. The provisions shall remain in effect until such time as the special exemption use ceases to operate. Immediately prior to reuse of the structures or facilities used for the special exception, the provisions of the special exception shall become invalid and the regulations and requirements of the base zone shall again be in effect.
(2) Any significant changes (as determined by the Board) in the use of a special exception or any construction of new facilities or structures, or major additions to existing facilities or structures (as determined by the Board) shall be subject to approval by the Board of Zoning Appeals, using the same process as was used for the original approval.
(B) Procedure for approval. Upon receipt of an application for a special exception, the Executive Director shall refer the application to the Commission, and if the President of the Commission decides to set a hearing on the application within five days after receipt thereof, the Commission may forward a recommendation to the Board of Zoning Appeals. The Plan Commission may determine if the proposed special exception is compatible with the county comprehensive plan and may or may not make recommendations to the Board of Zoning Appeals. The Executive Director shall send the application to the Board for public hearing and final approval or denial of the petition.
(1) (a) Upon such hearings, if the Commission/Board finds that:
1. The establishment, maintenance, or operation of the special exception will not be detrimental to or endanger the public health, safety, or general welfare;
2. The special exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
3. The establishment of the special exception will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;
4. Adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided; and
5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets.
(b) The Board shall direct the Executive Director to issue an improvement location permit for such special exception; otherwise, the Board shall direct the Executive Director to reject the application. The findings of the Board and its order to the Executive Director shall be in writing.
(2) (a) The Board may impose additional conditions to assure that the special exceptions will conform to the intent of this chapter.
(b) These additional conditions may include, but are not limited to, the provisions of the following:
1. Off-street parking and loading areas, with particular attention to the economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district;
2. Refuse and service areas;
3. Special screening and buffering with reference to type, dimensions, and character;
4. Signs and proposed exterior lighting with reference to glare, traffic, safety, economic effect, and compatibility and harmony with properties in the district;
5. Additional setback distances, yards, and other open space;
6. General compatibility with adjoining properties, with reference to site development standards designed for their mutual protection and the environmental harmony of the district;
7. A development plan in the event such a plan is not already required for a particular special exception set forth in division (E) below, or for a use determined by the Board to be a special exception which is not otherwise set forth in this chapter (see division (A)(1) above); and
8. The Executive Director may require a land survey if it determines it is necessary for the proper identification of the boundaries of the special exception.
(3) If the nature of the special exception involves more than one of those listed, the applicant may apply for an improvement location permit for the special exceptions which most closely relates to the primary use; provided, that the requirements of the related uses will be met.
(4) Any person, to whom is issued an improvement location permit for a special exception, who fails to commence construction within 12 months after such permit is issued, or who fails to carry to completion the total development plan thereof within three years after such construction is begun, whichever is later, or who fails to conform to the provisions of the development plan and supporting data finally approved by the Board and upon the basis of which such improvement location permit was issued, may be required by the Board upon its own motion, and shall be required by the Board upon written petition of any person deeming himself or herself aggrieved, to show cause why such approval should not be withdrawn and such improvement location permit revoked.
(5) 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 development plan upon which such permit was based.
(a) Upon receipt of such application, the Board shall proceed as in the case of original applications for an improvement location permit for a special exception.
(b) In the event the Board shall approve and order such application or development plan changed, altered, amended, or extended, it shall notify the Executive Director who shall issue an amended improvement location permit accordingly.
(C) Existing use may be a conforming use. An existing use which is listed herein as a special exception, and which is located in a district in which such special exception may be permitted, is a conforming use, provided such use meets the minimum lot area requirements set forth herein. Any expansion of such special exception involving the enlargement of a building, structure, and land area devoted to such use, shall be subject to the requirements and procedures described in this section.
(D) Temporary certificates. Whenever a special exception has been approved and is of such a nature that the applicant desires to complete the structure and improvements shown in the development plan by stages, the applicant may make application for a temporary certificate of occupancy for any portion of the plan that has been completed.
(E) Home occupations, office in the home, and adult business uses. Home occupations and office in the home, are special exceptions and may be permitted by the Board of Zoning Appeals in any district in accordance with the requirements set forth in divisions (A) through (D) above, and the additional requirements for these uses set forth in § 153.023, “additional special exceptions”. The following sexually-oriented business or adult business uses: adult arcade including peep shows; adult bookstore, adult novelty store, or adult video store; adult cabaret; adult dance studio; adult hotel or motel; adult motion picture theater (indoor or outdoor); adult theaters; and massage parlors are also special exceptions and may be permitted in the GB General Business District by the Board in accordance with the requirements set forth in divisions (A) through (D) above, and in accordance with the additional requirements for sexually-oriented business set forth in § 153.023, “additional special exceptions”.
(F) Special exceptions and districts where they may be permitted.
(1) The following uses shall require approval as special exceptions.
(2) They shall be subject to the specific conditions imposed and approved by the Board of Zoning Appeals.
Special Exception | District(s) In Which Use May Be Permitted |
Special Exception | District(s) In Which Use May Be Permitted |
Advertising sign or billboard | LB, PB, GB, I-1, and I-2 |
Airport | A-1, A-2, FR, MR, I-1, and I-2 |
Anhydrous ammonia or similar liquified fertilizers, storage, and distribution (commercial) | A-1, A-2, FR, MR, I-1, and I-2 |
Artificial lake of three or more acres | All |
Assembly halls and grounds | A-2, R-2, LB, PB, GB, I-1, and I-2 |
Auction arena or sales yard (excluding livestock) | A-2, PB, and GB |
Bed and breakfast | R-2, LB, PB, and GB |
Bottled gas storage and distribution yard | A-2, I-1, and I-2 |
Building material supply yard (open) | GB, I-1, and I-2 |
Bulk fuel storage or petroleum tank farm (commercial) | I-1 and I-2 |
Cemetery or crematory | All |
Charitable institutions | A-2, R-2, LB, PB, and GB |
Clinic | LB, PB, and GB |
College or university building | A-2, R-2, LB, PB, and GB |
Commercial greenhouse | A-1, A-2, FR, LB, PB, and GB |
Contractor’s storage yard | A-2, GB, and I-1 |
Day care center or child development | LB, PB, GB, and I-2 |
(1) (Large) family day care home (2) (Small) family day care home | R-2, LB, PB, and GB A-1, A-2, FR, R-1, R-2, MR, LB, PB, and GB |
Farm implement (machinery) sales and service area or building (new or used) | LB, PB, GB, and I-2 |
Filling station, automobile car wash, and roadside restaurant | LB, PB, GB, and I-1 |
Game preserves | A-1, A-2, FR, MR, and FP |
Golf course or country club | All |
Golf driving range | A-2, PB, and I-2 |
Grain elevators and related uses | A-1, A-2, FR, MR, PB, I-1, and I-2 |
Health facility, including nursing homes and retirement homes | R-2, LB, PB, and GB |
Heliport | All except R-1 and R-2 |
Hospital | All except A-1, FR, MR, I-1, and I-2 |
Junk yard | I-1 and I-2 |
Kennel | A-1, A-2, FR, MR, I-1, and I-2 |
Manufacturing, storage, or use of explosives | I-1 and I-2 |
Mining operation (i.e., sand or gravel pit, borrow pit, topsoil removal, and storage areas) | A-1, A-2, FR, MR, I-2, and FP |
Mobile home park | A-2, FR, LB, PB, and GB |
Multi-family dwelling or apartment designed for or occupied by more than four families | R-2, LB, PB, and GB |
Outdoor commercial recreational enterprise | A-2, FR, MR, PB, GB, I-1, I-2, and FP |
Outdoor theater | A-2, PB, and GB |
Penal or correctional institution | A-2, GB, I-1, and I-2 |
Planned business use in the PB District | PB |
Private club or lodge which is of a noncommercial character | A-I, A-2, FR, and MR |
Private recreational development (i.e., picnic grounds, fraternal organizations, and the like) | A-2, R-2, LB, PB, GB, and FP |
Produce stands, seasonal | All except LB, PB, and GB |
Produce stands, year round | A-1, A-2, FR, and MR |
Public camp | A-2, FR, MR, and FP |
Public or commercial sanitary fill or garbage disposal plant | A-1, A-2, FR, MR, I-I, and I-2 |
Public or employee parking area | A-2 and R-2 |
Public park or public recreational facilities | All |
Public water wells, water stations, filtration plant, reservoirs and storage tanks | All |
Railroad or other mass transportation rights-of-way and trackage, including passenger stations, shelter stations, and layover areas for transit vehicles, and off-street parking facilities | All, except I-1 and I-2 |
Raising and breeding of non-farm fowl or animals (commercial) except kennels | A-1, A-2, FR, MR, GB, I-1, and I-2 |
Recreational vehicle park | A-2, FR, MR, and I-2 |
Restricted commercial farm enterprises (including confined feeding operations) | A-1, A-2, FR, MR, and I-2 |
Riding stable | A-1, A-2, FR, MR, PB, and I-1 |
Sales barn for livestock (resale) | A-1, A2, and I-1 |
Seasonal hunting and fishing lodge | A-1, A-2, FP, and MR |
Sewage treatment facility (primary use) | All, except R-1 and R-2 |
Shooting range, outdoor | A-1, A-2, FR, MR, and FP |
Slaughterhouse with holding pens | A-2, I-1, and I-2 |
Special schools | R-2, LB, PB, GB, I-I, and I-2 |
Stadium, coliseum, athletic field | All, except A-1 |
Storage of disabled vehicles, temporary | GB and I-1 |
Studio, business (art, interior decorating, music, and the like) | R-2 |
Telephone exchange or public utility substation | A-1, A-2, FR, MR, and I-2 |
Transmission lines for gas, oil, all electricity or other utilities (major lines) | All |
Transmission (ratio, tv, and the like); miscellaneous tower(s) | All |
Veterinary hospital for small animals | A-2 |
Wholesale produce terminal, or truck freight terminal | GB, I-1, and I-2 |
(G) Other requirements for special exceptions. The following are specific requirements for special exceptions (the special exceptions are referred to by name and number indicated in division (E) above):
(1) Advertising sign or billboard.
(a) Development plan. The development plan shall be submitted with the application.
(2) Airport or heliport.
(a) Minimum lot area. 80 acres for airport;
(b) Minimum distance from residential district or use. 400 feet:
(c) Fence. Six-foot wire mesh where accessible to public;
(d) Screen planting. Six-feet height by six-feet width where abutting residential use; light screen, effective at all times of the year;
(e) Parking. One per employee, plus one per three seats in waiting room;
(f) Development plan. Development plan shall be submitted with the application;
(g) Signs and lighting. Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board;
(h) Height. 35 feet or as required by appropriate state or federal agency; and
(i) Approval. Prior F.A.A. and state approval.
(3) Anhydrous ammonia or similar liquified fertilizers; storage and distribution (commercial).
(a) Minimum yards.
1. Front. 80;
2. Side (each). 80; and
3. Rear. 80.
(b) Minimum distance of parking area or loading berth from residential district or use. 150 feet;
(c) Fence. Six-foot wire mesh fence where accessible to public;
(d) Drainage. Drainage shall be controlled so that liquified fertilizers shall not drain off the premises;
(e) Development plan. Development plan to be submitted with the application; and
(f) Federal regulations. Federal regulations for primary and secondary storage and containment of fertilizers and pesticides shall be observed.
(4) Artificial lake of three or more acres.
(a) Fence. Six-foot wire mesh fence where accessible to public;
(b) Development plan. Development plan to be submitted with the application; and
(c) Approval required. Approval by natural resources is required.
(5) Assembly halls and grounds.
(a) Minimum lot area. One acre;
(b) Yards.
1. Minimum front yards. Standard;
2. Side (each). 20; and
3. Rear. 80.
(c) 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;
(d) Noise. Noise should be confined to the premises;
(e) Development plan. Development plan to be submitted with the application;
(f) Signs and lighting. Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board;
(g) Security. Security (whenever necessary) shall be furnished by applicant; and
(g) Height. Maximum height of structure: 35 feet.
(6) Auction arena or sales yard (excluding livestock).
(a) Minimum lot area. Two acres.
(b) Minimum yards.
1. Front. 50 feet;
2. Side (each). 40 feet; and
3. Rear. 40 feet.
(c) Parking space. One per two employees, plus one per each 400 square feet of display, sales, and auction area.
(d) Noise. Noise shall be confined to the premises;
(e) Entrance. Not more than one entrance from street;
(f) Development plan. Development plan to be submitted with the application;
(g) Signs and lighting. Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board; and
(h) Maximum height of structure. 35 feet.
(7) Bed and breakfast.
(a) Intent. To provide temporary travelers’ accommodations and breakfast, for a fee, on a daily or weekly room rental basis, as an accessory use in an existing structure designed for and occupied as a single-family residence;
(b) Type of structure. The use shall be allowed only in older residential structures which are recognized as architecturally, historically, or culturally significant, and which, through renovation and use as a bed and breakfast, will contribute significantly to the ambiance, character, or economic revitalization of a neighborhood. The exterior appearance of the structure shall not be altered from its single-family character, and no exterior alterations, other than those necessary to ensure the safety of the structure, shall be made to any building for the purpose of providing a bed and breakfast;
(c) Spacing requirement. No rooming house, boarding house, or bed and breakfast may be located within 400 feet of the facility. The 400-foot distance shall be measured in a straight line connecting the closest points on the lot lines and without regard for intervening structures;
(d) Outward modifications. Minimal outward modification of the structure or grounds may be made only if such changes are compatible with the character of the area or neighborhood and the intent of the zoning district in which it is located;
(e) Intensity of use. The bed and breakfast use should remain incidental to the primary residential use of the property which will allow reconversion back to a single-family residential use;
(f) Number of bedrooms. A maximum of five lodging or bedrooms shall be made available for rent, a bed and breakfast home having more than five bedrooms for rent may be approved if the home is designated as a historic landmark. There must be at least 500 square feet of gross (interior) floor area for each rental unit. The potential rental units would be determined by dividing the gross floor area of the structure by 500 square feet;
(g) Interior design modifications. Any interior modification shall be described in the application and shall not be injurious to the historic character of the structure, woodwork, stairways, fireplaces, windows and doors, cornices, festoons, moldings, chair rails, or light fixtures. Rooms used for sleeping shall be part of the primary residential structure, and shall not have been specifically constructed or remodeled for rental purposes. The architectural integrity and arrangement of the existing interior spaces must be maintained, and the number of guest rooms shall not be increased, except as may be required to meet health, safety, and sanitation requirements;
(h) Preparation of food. The kitchens in small bed and breakfasts generally are not built to commercial kitchen standards. Food service should be limited to breakfast for the guests. The only meal to be provided to guests shall be breakfast, and it shall only be served to guests taking lodging in the facility. No food preparation or cooking for guests shall be conducted within any bedroom made available for rent. Individual rooms that are rented shall not contain cooking facilities;
(i) Property owners must reside. The owner or lessee of the property shall operate the bed and breakfast facility and reside in the home;
(j) Fourteen-day rental limit. Room rentals to families or individuals shall not exceed 14 consecutive days. Only short-term lodging may be provided. Monthly rentals shall be prohibited;
(k) Detrimental conditions not permitted. The proposed use of the property will not create noise, light, or traffic conditions detrimental to the neighboring residents, and no receptions, private parties or activities for which a fee is paid shall be permitted;
(l) Parking. Off-street parking shall be provided by the resident owner. One off-street parking space for every two guests in addition to the parking required for single-family occupancy;
(m) Signage. Signage shall be limited to one (on-premises) wall sign not to exceed three square feet of sign area. Sign wording shall consist of the name of the occupant or establishment located on premises, and/or description of service rendered. “Establishment” shall be referred to as a “bed and breakfast” or “bed and breakfast inn”;
(n) License. License shall be obtained as required by law; and
(o) Development plan. Development plan to be submitted with the application.
(8) Gas storage and distribution.
(a) Minimum yards.
1. Front. 300;
2. Side (each). 300; and
3. Rear. 300.
(b) Development plan. Development plan to be submitted with the application; and
(c) Safety. All laws and care shall be observed by the applicant.
(9) Building material supply yard (open).
(a) Minimum yards.
1. Front. 80;
2. Side (each). 100; and
3. Rear. 100.
(b) Entrance. Not more than one entrance from street;
(c) Development plan. Development plan to be submitted with the application;
(d) 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;
(e) Parking. One per two employees, plus one per vehicle operated by establishment, plus one per 800 square feet of storage area; and
(f) Height. Maximum height of structure: 35 feet.
(10) Bulk fuel storage or petroleum tank farm (commercial).
(a) Minimum yards.
1. Front. 80;
2. Side (each). 100; and
3. Rear: 100.
(b) Entrance. Not more than one entrance from street;
(c) Development plan. Development plan to be submitted with the application; and
(d) Safety. All laws and care shall be observed by applicant.
(11) Cemetery or crematory.
(a) Minimum area. Ten acres;
(b) Minimum yards.
1. Front. Standard;
2. Side (each). 40 feet; and
3. Rear: 40 feet.
(c) Landscape plan. Plan development to be submitted with the application (may be submitted with development plan);
(d) Screen planting. Six-foot height by six-foot width where abutting residential use; effective at all times of year;
(e) Development plan. Development plan to be submitted with the application;
(f) Signs and lighting. Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board;
(g) Parking. One per each two employees, plus one per each five acres of area; and
(h) Height. Maximum height of structure: 35 feet.
(12) Charitable institution.
(a) Generally. Same as required in district;
(b) Minimum yards. Same as required in district;
(c) Development plan. Development plan to be submitted with the application; and
(d) 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.
(13) Clinic.
(a) Minimum lot area. 15,000 square feet;
(b) Minimum yards.
1. Front. Standard;
2. Side (each). 10 feet; and
3. Rear. 30 feet.
(c) Screen planting. Six foot height by three-foot width where abutting residential use. Effective at all times of year;
(d) Screen planting. Six-foot height by six-foot width where abutting residential use. Effective at all times of year;
(e) Entrance. Not more than one entrance from street (other than an emergency entrance);
(f) Parking. One per two employees, plus three per doctor;
(g) Height. Maximum height of structure: 45 feet.
(14) College or university building.
(a) Development plan. Development plan to be submitted with the application; and
(b) Parking. One per three students or staff members;
(15) Commercial greenhouse.
(a) Minimum lot area. 25,000 square feet;
(b) Minimum yards.
1. Front. 100;
2. Side (each). 40 feet; and
3. Rear. 40 feet.
(c) Parking areas and loading. Berth minimum distance from residential district or use.
50 feet;
(d) Entrance. Not more than one entrance from street; and
(e) Confined feeding operations. For confined feeding operation, see division (G)(50), “restricted commercial farm enterprise (including confined feeding operations_.
(16) Contractor’s storage yard. Same requirements as division (G)(9) above, “building material supply yard (open)”;
(17) Day care center or child development.
(a) Minimum lot area.
1. One hundred square feet of 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 42-inch high chain-link fence. Any entry gate shall be securely fastened.
2. Outdoor play areas shall be adequately separated from vehicular circulation and parking safely.
(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.
2. Garages shall not be used as designated play areas.
(d) Parking. One space for each adult attendant, plus two additional spaces;
(e) General standards.
1. No noise shall be audible beyond the lot lines.
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.
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) License required. Applicant must obtain day care center license from the State Department of Public Welfare.
(18) Day care homes.
(a) Large family day care home.
1. Minimum area.
a. One hundred quare feet of outdoor play area provided on same lot as use for each child in attendance; and
b. 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 42-inch high chain-link fence, any entry gate shall be securely fastened.
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 under-ground gasoline storage tanks, or any other storage area for explosive materials.
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.
b. Hours of operation may be restricted by Plan Commission.
6. Traffic standards.
a. Day care centers shall create no unsafe conditions for picking up and dropping off children.
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. Spacing requirements. No facility shall be located closer than 600 feet to another large family day care home;
8. Signs. One sign, not exceeding four square feet and five feet in height may be used to identify the center;
9. No sales. No goods, chattel, wares, or merchandise offered for sale therein, except in the LB, PB, and GB Districts; and
10. License required. The applicant must obtain day care home license from the State Department of Public Welfare.
(b) Small day care home.
1. Minimum area.
a. One hundred square feet of outdoor play area provided on same lot as use for each child in attendance; and
b. Thirty-five square feet of suitable indoor space per session per child shall be provided, also.
2. Open/recreational space.
a. Outdoor play areas shall be grassed and enclosed by a 42-inch high chain-link fence. Any entry gate shall be securely fastened.
b. Outdoor play areas cannot be closer than ten feet to any adjoining property.
3. General safety.
a. No portion of a day care center site may be located within 300 feet of gasoline pumps or under-ground gasoline storage tanks, or any other storage area for explosive materials.
b. Garages shall not be used as designated play areas.
4. Parking. One space for each adult attendant, plus two additional spaces;
5. General standards.
a. No noise shall be audible beyond the lot lines.
b. Hours of operation may be restricted by Plan Commission.
6. Traffic standards.
a. Day care centers shall create no unsafe conditions for picking up and dropping off children.
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. Spacing requirements. No facility shall be located closer than 600 feet to another large family day care home;
8. Signs. One sign, not exceeding four square feet and five feet in height may be used to identify the center;
9. No sales. No goods, chattel, wares, or merchandise offered for sale therein, except in the LB, PB, and GB Districts; and
10. License required. The applicant must obtain day care home license from the State Department of Public Welfare.
(19) Farm implement (machinery) sales and service area or building (new or used).
(a) Development plan. Development plan to be submitted with the application;
(b) Dead storage. No dead storage, repair work, or dismantling on the lot;
(c) Height. Maximum height of structure: 35 feet;
(d) Adequacy of sewers. Approval required;
(e) 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 PB District, but not closer than 20 feet to the front lot fine in the PB and I-2 Districts; and
(f) 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.
(20) Filling station, automobile car wash, and roadside restaurant.
(a) Minimum lot area. One-half acre;
(b) Minimum yards. Same as local business use in respective district except for PB District;
(c) Landscape plan. Landscape plan in which filling station is proposed to be located. Plan of landscape development to be submitted with the application (may be combined with development plan);
(d) Fence. Four-foot wire mesh abutting residential use;
(e) Screen planting. Six-foot height by six-foot width; where abutting residential use: tight screen, effective at all times of the year;
(f) 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;
(g) Development plan. Development plan to be submitted with the application;
(h) Signs and lighting. Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board;
(i) Dead storage. No sales, dead storage, repair work, or dismantling on the lot; and
(j) Adequacy of sewers. Approval required.
(21) Game preserve.
(a) Development plan. Development plan to be submitted; and
(b) Fence. Adequate wire mesh fence where accessible to public.
(22) Golf course or country club.
(a) Minimum yards.
1. Front. Standard;
2. Side (each). 40; and
3. Rear. 40.
(b) Minimum distance of parking area from residential district of use. 20 feet;
(c) Screen planting. Six-foot height by six-foot width where abutting residential use, effective at all times of the year; or an alternative planting, acceptable to the Board;
(d) Entrance. Not more than one entrance from street;
(e) Setback from interior drives. 40 feet;
(f) Parking spaces. 30;
(g) Development plan. Development plan to be submitted with the application;
(h) Signs and lighting. Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board;
(i) Adequacy of sewers. Approval required; and
(j) Height. Maximum height of structure 35 feet.
(23) Golf driving range. Same as division (G)(22) above, “golf course or country club”, except number of parking spaces shall be 20;
(24) Grain elevators and related uses.
(a) Development plan. Development plan to be submitted with the application;
(c) Height. Maximum height of structure: 135 feet.
(25) Health facility, including nursing homes and retirement homes.
(a) Minimum lot area. 40,000 square feet, but not less than 1,000 square feet per person cared-for occupant;
(b) Minimum yards.
1. In the PB District.
a. Front. 80 feet;
b. Side. 40 feet; and
c. Rear. 40 feet.
2. In other districts. Same as requirements for single-family dwelling.
(c) Landscape plan. Plan to landscape development to be submitted with the application (may be combined with development plan);
(d) Screen planting. Screen planting shall be six-foot height by six-foot width where abutting residential use; tight screen, effective at all times;
(e) Parking spaces. One per each five patients or occupants, plus one per each staff member or supervisor doctor, plus one per each three employees;
(f) Development plan. Development plan to be submitted with the application;
(g) Height. Maximum height of structure: 35 feet;
(h) 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); and
(i) Adequacy of sewers. Approval required.
(26) Heliport.
(a) Minimum lot area. One acre;
(b) Spacing. Use permitted not closer than 200 feet to a residential use;
(c) Fence. Four-foot wire mesh abutting residential use;
(d) Parking spaces. One per employee, plus one per three seats in waiting room;
(e) Development plan. Development plan to be submitted with the application;
(f) Signs and lighting. Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board; and
(g) Height. As required by appropriate state or federal agency.
(27) Hospital.
(a) Minimum lot area. Three acres;
(b) Minimum yards.
1. Front. 40;
2. Side (each). 40; and
3. Rear: 40 (abutting residential use).
(c) Minimum distance of parking area from residential district or use. 50 feet;
(d) Minimum distance of loading berth from residence district or use;
(e) Parking spaces. One per four bed, plus one per doctor, plus one per three employees on largest shift, plus one per hospital vehicle;
(f) Development plan. Development plan to be submitted with the application;
(g) Height. 70 feet; and
(h) Adequacy of sewer. Approval required.
(28) Junk yard.
(a) Minimum lot area. Five acres;
(b) Minimum yards.
1. Front. 50;
2. Side. 40; and
3. Rear: 40.
(c) Spacing. Use permitted not closer than 500 feet to a residential use;
(d) Entrance. Not more than one entrance from street;
(e) 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;
(f) Parking spaces. One per two employees;
(g) Signs and lighting. Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board; and
(h) Height. Maximum height of structure: 25 feet.
(29) Kennel.
(a) Minimum lot area. Two acres;
(b) Minimum yards.
1. Front. 150;
2. Side (each). 150; and
3. Rear. 150.
(c) Screen planting. Screen planting shall be six-foot height by six-foot width where abutting residential use; effective at all times of the year;
(d) Entrance. Not more than one entrance from street;
(e) Development plan. Development plan to be submitted with the application;
(f) Noise. Use shall be operated in a manner to ensure minimum noise beyond the premises;
(g) 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
(h) Height. Maximum height of structure: 25 feet.
(30) Manufacturing, storage, or use of explosives.
(a) Development plan. Development plan to be submitted with the application if use involves manufacturing or storage of explosives; and
(b) Approval. Approval of Board of County Commissioners or respective Town Council required.
(31) Mining operation (i.e., sand or gravel pit, quarry, borrow pit, topsoil removal, and storage areas).
(a) Minimum yards.
1. Front. 150;
2. Side (each). 150; and
3. Rear. 150.
(b) Minimum distance from residence district or use. 300 feet;
(c) Fence. Six-foot woven wire, fence where accessible to public;
(d) Screen planting. Screen planting six-foot height by three-foot width where abutting residential use; effective at all times of the year;
(e) Entrance. No more than one entrance from street;
(f) Development plan. Development plan to be submitted with the application; and
(g) Special. See I.C. 35-7-4-1103; miscellaneous provisions; use and alienation of mineral resources and forest outside urban areas.
(32) Mobile home park.
(a) State requirements. All state requirements shall be observed (see I.C. 13-7-1, 410 I.A.C. 6-6 and 327 I.A.C. 8-81 for requirements) in addition to the State Department of Health requirements, the requirements listed below shall be adhered to;
(b) Development plan. Development plan to be submitted with the application;
(c) Area. A mobile home park shall have an area of not less than five acres;
(d) Soil. The condition of the soil and ground water level of the proposed park site shall meet the criteria promulgated by the U.S. Department of Agriculture Soil Conservation Service. (See § 153.080(T)). 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;
(e) Smoke, noise, and odor. The proposed site shall not be exposed to objectionable smoke, noise, odor, or other adverse influences;
(f) 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 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;
(g) Use. No part of any park shall be used for nonresidential 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;
(h) 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;
(i) 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;
(j) 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;
(k) 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;
(l) 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;
(m) Distance required. There shall be a distance of at least 15 feet between the mobile home slab and an abutting interior park drive;
(n) 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;
(o) Streets 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 22 feet, measured from back to back of curb if provided. Minor driveways shall have a minimum width of ten 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; and
(p) Interior driveway construction and design standards.
1. 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;
2. 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; and
3. 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 of offset intersections streets. Intersections of more than two streets at one point shall be avoided.
(33) Multi-family dwelling or apartment designed for or occupied by more than four families.
(a) Environmental impact statement. An impact analysis evaluating the expected economic, social, and fiscal impact on the surroundings or on the community, demonstrating that the proposed development will not adversely affect governmental financial conditions nor the community’s human- made or natural environment;
(b) Development plan. Development plan to be submitted with the application;
(c) Lot and yard requirements. Lot and yard requirements including height requirements are the same as those required for a multi-family dwelling on Figure 1; and
(d) Parking spaces. Two for each dwelling unit.
(34) Outdoor commercial recreational enterprise.
(a) Minimum yards.
1. Front. Standard;
2. Side. 40 feet; and
3. Rear. 40 feet.
(b) Minimum distance between parking area and residential district or use. 50 feet;
(c) Entrance. Not more than two entrances from street;
(d) Noise. Noise shall be confined to the premises;
(e) Landscape plan. Landscape plan to be submitted with the application (may be combined with the development plan);
(f) Fence. Six-foot wire mesh where accessible to public;
(g) Screen planting. Screen planting shall be six-foot height by six-foot width where abutting residential use; tight screen, effective at all times;
(h) Setback from interior drives. 40 feet;
(i) Parking spaces. One per three employees, plus one per 500 square feet of use area;
(j) Development plan. Development plan to be submitted with the application;
(k) Signs and lighting. Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board;
(l) Height. Maximum height of structure: 60 feet; and
(m) Adequacy of sewers. Approval required.
(35) Outdoor theater.
(a) Minimum yards.
1. Front. 100 feet;
2. Side. 75 feet; and
3. Rear. 40 feet; abutting residential use.
(b) Fence. Four-foot wire mesh abutting residential use;
(c) Development plan. Development plan to be submitted with the application;
(d) Signs and lighting. Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board;
(e) Height. Maximum height of structure: 65 feet; and
(f) Adequate sewer. Approval required.
(36) Penal or correctional institutions.
(a) Acreage.
1. Minimum lot area. 200 acres; and
2. Medium security facility. 15 acres.
(b) Minimum yards.
1. Front. 100 feet;
2. Side (each). 100 feet; and
3. Rear. 100 feet.
(c) Minimum distance from residential use. 300 feet;
(d) 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;
(e) Development plan. Development plan to be submitted with the application;
(f) Height. Maximum height of structure: 65 feet; and
(g) Adequacy of sewers. Approval required.
(37) Planned business use in the PB District.
(a) Development plan. Development plan shall be submitted with the application; and
(38) Private club or lodge, which is of a noncommercial character in the A-1, A-2, FR, and MR Districts.
(a) Minimum lot area. Front, side, and rear, same as required for a single-family dwelling in the respective district where located;
(a) Minimum yards.
1. Front. Standard;
2. Side (each). 25; and
3. Rear. 25.
(c) Parking spaces. One per six active members;
(d) Development plan. Development plan to be submitted with the application; and
(e) Height. Maximum height of structure: 25 feet.
(39) Private recreational development (i.e., picnic grounds, fraternal organizations, and the like).
(a) Minimum yards.
1. Front. Standard;
2. Side (each). 40 feet; and
3. Rear. 40 feet.
(b) Minimum distance between parking area and residential district or use. 25 feet;
(c) Entrance. Not more than one entrance from street;
(d) Landscape plan. Plan of landscape development to be submitted with the application (may be combined with development plan);
(e) Screen planting. Screen planting shall be six-foot height by three-foot width when abutting residential use; tight screen, effective at all times;
(f) 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;
(g) Development plan. Development plan to be submitted with the application;
(h) Signs and lighting. Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board;
(i) Height. Maximum height of structure: 25 feet; and
(j) Noise. Noise shall be confined to the premises.
(40) Produce stands, seasonal.
(a) Development plan. Development plan to be submitted with the application; and
(b) Signs and lighting. Outdoor advertising sign and outdoor artificial lighting shall be approved by the Board.
(41) Produce stands, year round.
(a) Development plan. Development plan to be submitted with the application;
(b) Signs and lighting. Outdoor advertising sign and outdoor artificial lighting shall be approved by the Board; and
(c) Adequacy of sewers. Approval required.
(42) Public camp.
(a) Minimum lot area. Five acres;
(b) Minimum yards.
1. Front. 100;
2. Side (each). 40; and
3. Rear. 40.
(c) Minimum distance between parking area and residential district or use. 25 feet;
(d) Screen planting. Screen planting shall be six-foot height by three-foot width, effective at all times of the year;
(e) Entrance. Not more than one entrance from street.
(f) Parking. One per campsite, plus one per cabin;
(g) Development plan. Development plan to be submitted with the application;
(h) Maximum heights of structure. 25 feet; and
(i) Adequacy of sewers. Approval require.
(43) Public or commercial sanitary fill or garbage disposal plant.
(a) Minimum lot area. Ten acres;
(b) Minimum yards.
1. Front. 300; and
2. Side (each). 300.
(c) Fence. Six-foot wire mesh;
(d) Screen planting. Six-foot width abutting residential use;
(e) Entrance. Not more than one entrance from street;
(f) Development plan. Development plan to be submitted with the application; and
(g) State requirements. All state requirements for solid waste disposal shall be met.
(44) Public or employee parking area.
(a) Masonry. Four-foot high masonry wall along front line and such other boundaries the Board considers necessary to protect residential property, except an approved entrance and exit;
(b) Entrance. Not more than one entrance from street; and
(c) Development plan. Development plan to be submitted with the application.
(45) Public park or public recreational facility.
(a) Landscape plan. Plan of landscape development to be submitted with the application (may be combined with development plan);
(b) Development plan. Development plan to be submitted with the application;
(c) Signs and lighting. Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board; and
(d) Adequacy of sewers. Approval required.
(46) Public water wells, water stations, filtration plants, reservoirs, and storage tanks.
(a) Storage tanks. Proximity to residence district or use 100 feet;
(b) Development plan. Development plan to be submitted with the application; and
(c) Health laws. All applicable health laws and standards shall be adhered to.
(47) 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.
(a) Entrance. Not more than one entrance from street;
(b) Parking for passenger station. One per ten seats in waiting room, plus one per two employees of connected retail use (if any);
(c) Development plan. Development plan to be submitted with the application;
(d) Adequacy of sewers. Approval required; and
(e) Height. Maximum height of structure: 45 feet.
(48) Raising and breeding of non-farm fowl and animals, except kennel.
(a) Minimum lot area. Three acres;
(b) Minimum yards.
1. Front. 100;
2. Side (each). 100; and
3. Rear. 100.
(c) Development plan. Development plan to be submitted with the application;
(d) Screen planting. Screen planting shall be six-foot height by three-foot width when abutting residential use, effective at all times of the year;
(e) Entrance. Not more than one entrance from street;
(f) Height. Minimum height of structure: 25 feet; and
(g) Adequacy of sewers. Approval required.
(49) Recreation vehicle park.
(a) Development plan. Development plan to be submitted with the application;
(b) Minimum lot area. Five acres;
(c) Density. Each recreational vehicle park shall have not more than 25 recreational vehicle spaces per acre of gross site area;
(d) 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;
(e) 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;
(f) 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;
(g) 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;
(h) 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;
(i) 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 (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 part 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 shall accompany the development plan (condominiums regulated by I.C. 32-1-6 may not be regulated by the Area Subdivision Code);
(j) 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 § 153.080(T)):
(k) Smoke, noise, and odor. The proposed site shall not be exposed to objectionable smoke, noise, odors, or other adverse influences;
(l) 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 thee screening requirements temporarily or permanently if adequate screening already exists or if the topography or other conditions so warrant;
(m) 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;
(n) 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 three-tenths foot-candle and that potentially hazardous locations, steps, and stepped ramps, will have an average level of illumination of six-tenths foot-candle. All exterior park lights shall be so located and shielded as to prevent direct illumination of any areas outside the park;
(o) 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;
(p) 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;
(q) Electrical distribution system.
1. 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.
2. 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;
(r) 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; lumbar, 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;
(s) Water and sewage. The water supply and sewage disposal shall meet the minimum requirements of the State Board of Health; and
(t) State requirements. All state requirements shall be observed.
(50) Restricted commercial farm enterprise (including confined feeding operations).
(a) Development plan. Development plan shall be submitted with the application;
(b) Air and water pollution control. Air and water pollution control promulgated by I.C. 13-1-1 (air pollution) and I.C. 13-1-3 (water pollution) is required;
(c) Dead storage. No sales, dead storage, repair work, or dismantling on the lot;
(d) 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;
(e) Signs and lighting. Signs and artificial lighting require Board approval;
(f) Maximum height of structure. 45 feet;
(g) Confined feeding operation; Department approval required. Approval by the Water Pollution Control, Department of Environmental Management, is required for confined feeding operations in accordance with I.C. 13-1-5.7; and
(h) Waste handling and disposal guidelines. The recommended applicable guidelines promulgated by the following publications, as revised (latest issue), shall be required by the Board concerning methods of waste handling and disposal guidelines:
1. Legal guidelines for swine waste management, latest issue, by cooperative extension service, Purdue University, Lafayette, Indiana;
2. Waste handling and disposal guidelines for state poultrymen, latest issue, by cooperative extension service, Purdue University, Lafayette, Indiana;
3. Waste handling and disposal guidelines for state beef producers, latest issue, by cooperative extension service, Purdue University, Lafayette, Indiana; and
4. Waste handling and disposal guidelines for state dairymen, latest issue, by cooperative extension service, Purdue University, Lafayette, Indiana.
(51) Riding stable.
(a) Minimum lot area. Two acres, plus 5,000 square feet per horse over four horses;
(b) Minimum yards. Front, each side and rear yards, 100 feet each;
(c) Screen planting. Six-foot height by three-foot width when abutting residential use;
(d) Entrance. Not more than one entrance from street;
(e) Parking. One per two employees, plus one per two horses;
(f) Signs and lighting. Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board;
(g) Waste disposal. Disposal of wastes shall meet the approval of the State Board of Health;
(h) Development plan. Development plan shall be submitted with the application; and
(i) Height. Maximum height of structure: 35 feet.
(52) Sales barn for livestock (resale).
(a) Minimum yards. Front, each side, and rear yards; 300 feet each;
(b) Minimum distance from residential district or use. 300 feet;
(c) Minimum distance between parking area and residential district or use. 300 feet;
(d) Entrance. Not more than one entrance from street;
(e) Parking. One per twp employees, plus one per each 400 square feet of display and sales area;
(f) Development plan. Development plan shall be submitted with the application;
(g) Height. Maximum height of structure: 45 feet; and
(h) Waste disposal. Disposal of waste shall meet the approval of the State Board of Health.
(53) Seasonal hunting and fishing lodge.
(a) 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
(b) Development plan. Development plan to be submitted with the application.
(54) Sewage treatment facility (primary use).
(a) Development plan. Development plan shall be submitted with the application.
(b) Health approval required. Approval by the State Board of Health required.
(55) Shooting range, outdoor.
(a) Minimum yards. Front, each side, and rear yards: 300 feet each;
(b) Screen planting. Screen planting shall be six-foot height by six-foot width;
(c) Entrances. Not more than one entrance from street; and
(d) Development plan. Development plan to be submitted with the application.
(56) Slaughter house with holding pens.
(a) Minimum lot areas. Five acres;
(b) Minimum yards. Front, each side, and rear yards: 300 feet each;
(c) Minimum distance from residential district or use. 300 feet;
(d) Minimum distance of parking area from residential district. 50 feet;
(e) Animals kept temporarily. Live animals may not be held overnight;
(f) Entrance. Not more than one entrance from street;
(g) Development plan. Development plan to be submitted with the application;
(h) Adequacy of sewers. Approval required;
(i) Adequate disposal methods. Dead animals and offal shall be disposed of in a manner satisfactory to the Board;
(j) Parking. One per two employees, plus four additional spaces; and
(k) Height. Maximum height of structure: 35 feet.
(57) Special school.
(a) Minimum lot area. 10,000 square feet;
(b) Minimum yards.
1. Front. 25 feet;
2. Each side. 10 feet; and
3. Rear. 10 feet.
(c) Fence. Four-foot wire mesh around play area;
(d) Parking spaces. One per three employees, plus one per six students;
(e) Height. Maximum height of structure: 35 feet;
(f) Adequacy of sewers. Approval required; and
(g) Development plan. Development plan to be submitted with the application.
(58) Stadium, coliseum, athletic field.
(a) Minimum lot area. Five acres;
(b) Minimum yards.
1. Front. Standard;
2. Each side. 50 feet; and
3. Rear. 50 feet.
(c) Minimum distance of parking area from residential district or use. 25 feet;
(d) Screen planting. Six-foot height by six-foot width when adjacent to residential use;
(e) Entrances. Not more than two from street;
(f) Parking. One space for each four seats in the grandstand, plus three per four employees;
(g) Development plan. Development plan to be submitted with the application;
(h) Height. Maximum height of structure 45 feet; and
(i) Adequacy of sewers. Approval required.
(59) Storage of disabled vehicles, temporary.
(a) Minimum lot area. One-half acre;
(b) Minimum yards. Standard use;
(c) Minimum distance of parking area from residential district or use. 25 feet;
(d) Fence. Six-foot solid painted fence;
(e) Screen planting. Six-foot height by three-foot width where abutting residential use;
(f) Entrance. Not more than one from street; and
(g) Development plan. Development plan to be submitted with the application.
(60) Studio business (art, interior decorating, music, and the like).
(a) 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
(b) Development plan. Development plan to be submitted with the application.
(61) Telephone exchange or public utility substation in the A-1, A-2, FR, MR, and I-2 District.
(a) Screen planting. Screen planting; adequate for purpose as determined by Board (also along abutting street);
(b) Entrance. Not more than one entrance from street;
(c) Parking space. One per employee at or working out of site;
(d) Development plan. Development plan to be submitted with the application; and
(e) Adequacy of sewers. Approval required.
(62) Transmission lines for gas, oil, electricity, or other utilities (major lines). Development plan to be submitted with the application.
(63) Transmission towers (radio, tv, and the like, and micro wave towers).
(a) Development plan. Development plan shall be submitted with the application;
(b) Signs and lighting. Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board; and
(c) Height. As required by the appropriate state or federal agency.
(64) Veterinary hospital for small animals.
(a) Parking. One space per two employees, plus one per doctor, plus two per examining rooms;
(b) Development plan. Development plan shall be submitted with the application; and
(c) Height. Maximum height of structure: 35 feet.
(65) Wholesale produce terminal or truck terminal.
(a) Minimum lot area. Ten acres;
(b) Minimum yards.
1. Front. 100 feet;
2. Side (each). 75 feet abutting residential use, otherwise 35 feet;
3. Rear. 40 feet.
(c) Minimum distance from residential district or use. 100 feet;
(d) Minimum distance of parking from residential district. 100 feet;
(e) Fence. Six-foot height wire mesh fence;
(f) Screen planting. Screen planting shall be six-foot height by three-foot width where abutting residential use; tight screen, effective at all times;
(g) Entrance. Not more than one entrance from street;
(h) Parking spaces. One per two employees on largest shift;
(e) Development plan. Development plan to be submitted with the application;
(j) Signs and lighting. Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board;
(k) Height. Maximum height of structure: 45 feet;
(l) Adequacy of sewers. Approval required; and
(m) Thoroughfares. Thoroughfares must be adequate.
(Ord. passed - -1996)