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(A) Minor subdivisions and single-family homes in the AG District. Application for minor residential subdivisions and single-family homes are brought before the Board of Zoning Appeals and considered a restricted use for the purpose of thorough review on a site-by-site basis. A variance may be requested from the requirements of Table 3 and any other sections of this chapter at the written request of the applicant at the time of filing for special exception or variance before the BZA. The following procedures and restrictions shall be considered.
(1) Approval. Minor subdivision approval shall be in accordance with the applicable section of Ch. 193 of this code of ordinances. Single-family homes in the AG District shall be in accordance with the procedure set forth for special exception.
(2) Driveways. In order to prevent strip lot development and preserve rural character, it is necessary to encourage the sharing of driveways.
(a) New driveways for minor subdivisions in the AG District shall be in accordance with Table 3 of this chapter. Lots shall share a common driveway cut when possible.
(b) When applicable, new driveways in the AG District shall be along the property line to make it possible to share the driveway with an adjoining lot in the future. In addition, the commitment may be required that the owner share the driveway when necessary.
(3) Cluster design. In order to preserve agricultural ground, minor subdivisions in the AG District shall be laid out in a cluster design. This is best accomplished by contiguously grouping the lots in such a manner so as to consume the least amount of land possible given the constraints of the landscape.
(4) Buffering. In order to protect residential uses from agricultural activities and vice-versa, the perimeter of the minor subdivision and lots for single-family homes in the AG District shall have bufferyard.
(5) Commitments. In order to protect residential uses from agricultural activities and vice-versa, commitments may be required by the BZA at the time of special exception approval in accordance with I.C. 36-7-4-921. Such commitments must be recorded with the office of the county’s Recorder prior to the issuance of an ILP. Commitments mandated by the BZA may include, but are not limited, to the following:
(a) Right-to-Farm Law of Indiana. The applicant for the special exception acknowledges and/or agrees that agricultural uses are permitted in the surrounding area, no agricultural or agri-business operation in the area shall be or become a nuisance, and to not object to the continuation of any such agricultural or agri-business operation in the surrounding area as long as such operation does not constitute a nuisance.
(b) Future residential subdivision. After the granting of the initial special exception and prior to the applicant further subdividing the subject property beyond such approval, he or she shall make application for an additional special exception in order that the BZA may review the request and ensure that such further subdivision is in accordance with this chapter and meets the standards for such special exception.
(B) Adult entertainment businesses. All adult entertainment businesses shall be required to comply with the following standards.
(1) Intent. In the development and adoption of this section, it is recognized that there are some adult entertainment business uses which due to their very nature have certain adverse secondary effects in the form of objectionable operational characteristics particularly when located in close proximity to residential neighborhoods, thereby having a deleterious impact upon property values and the quality of life in such surrounding areas. It has been acknowledged by communities across the nation that state and local governmental entities have a special concern in regulating the operation of such adult entertainment businesses under their jurisdiction to ensure that these adverse secondary effects will not contribute to the blighting or downgrading of adjacent neighborhoods. The special regulations deemed necessary to control the undesirable externalities arising from these adult entertainment businesses are set forth below. The purpose of these controls and regulations is to preserve the integrity and character of residential neighborhoods, to deter the spread of urban blight and to protect minors from the objectionable operational characteristics of these adult entertainment business uses by restricting their close proximity to churches, parks, fairgrounds, schools, day care centers and residential areas, including AG districts.
(2) Prohibitions. The establishment of an adult entertainment business, as defined, shall be prohibited if such adult entertainment business is within 1,000 feet of another such adult entertainment business or within 600 feet of any existing church, school, day care center, park, fairground, AG District or R district within the jurisdiction of the town’s Plan Commission.
(3) Measurement of distances. The distance between one adult entertainment business and another adult entertainment business shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior structural wall of each such business. The distance between an adult entertainment business, and any church, school, park, fairground, day care center, AG District or R district shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior structural wall of the adult entertainment business to the nearest lot line of the church, school, day care center, park, fairground, AG District or R district.
(4) Exterior display. Notwithstanding any other provisions of this chapter to the contrary, all exterior displays for an adult entertainment business shall comply with the following regulations.
(a) General. No adult entertainment business shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas by display, decorations, sign, show window or other opening from any public right-of-way.
(b) Number of signs. Not more than one wall sign shall be permitted for an adult entertainment business and said wall sign shall be permitted only on the front facade of the building. In addition to the one permitted wall sign, an adult entertainment business may be permitted not more than one freestanding sign, and which meets all of the requirements of the zoning district in which it is located.
(c) Sign surface area. The maximum sign area of a wall sign for an adult entertainment business shall not exceed an amount equal to 5% of the front building facade of the first floor elevation (first ten feet) of the premises occupied by the adult entertainment business, or 100 square feet, whichever is the lesser. The maximum combined sign area of a freestanding sign shall not exceed one square foot for each lineal foot of frontage of the lot, or 24 square feet, which is the lesser.
(d) Lighting. Signs and sign structures may be illuminated; provided, however, such illumination shall not be by way of exterior lighting (e.g., spot or floodlights).
(5) Continuation of non-conforming uses. This part is subject to the provisions of § 194.019 of this chapter.
(C) Airport uses. The following uses and facilities are considered to be appropriate and common for the safe and efficient take-off and landing of aircraft and are hereby permitted with any airport or heliport. However, if a runway is extended, or direction of a runway is changed, the owners shall petition the town’s Plan Commission for approval:
(1) Runways with a maximum 60,000-pounds weight limit;
(2) Storage hangars;
(3) Service hangars;
(4) Landing lights;
(6) On-premises illuminated signs (see Table 11);
(8) One on-site employee residence;
(9) Terminal navigational aids;
(11) Weather gauge instruments;
(13) Fuel storage tanks and pumping systems;
(14) Flight school;
(15) Meeting facilities; and
(16) Employee break room/kitchenette.
(Ord. 2000-16, passed 8-28-2000, § 3.9)